Directive 2006/38 - Amendment of Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures - Main contents
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Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2006/38 |
| Original proposal | COM(2003)448  |
| CELEX number i | 32006L0038 |
| Document | 17-05-2006 |
|---|---|
| Publication in Official Journal | 09-06-2006; Special edition in Bulgarian: Chapter 07 Volume 015,Special edition in Romanian: Chapter 07 Volume 015,OJ L 157, 9.6.2006,Special edition in Croatian: Chapter 07 Volume 017 |
| Effect | 10-06-2006; Entry into force Date pub. + 1 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 10-06-2008; At the latest See Art 2.1 |
9.6.2006 |
EN |
Official Journal of the European Union |
L 157/8 |
DIRECTIVE 2006/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 May 2006
amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,
Having regard to Directive 1999/62/EC (1), and in particular Article 7 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (4),
Whereas:
(1) |
Eliminating distortions of competition between transport undertakings in the Member States, the proper functioning of the internal market and improved competitiveness all depend on fair mechanisms being established to charge hauliers for the cost of infrastructure use. A degree of harmonisation has already been achieved through Directive 1999/62/EC. |
(2) |
A fairer system of charging for the use of road infrastructure, based on the ‘user pays’ principle and the ability to apply the ‘polluter pays’ principle, for instance through the variation of tolls to take account of the environmental performance of vehicles, is crucial in order to encourage sustainable transport in the Community. The objective of making optimum use of the existing road network and achieving a significant reduction in its negative impact should be achieved in such a way as to avoid double taxation and without imposing additional burdens on operators, in the interests of sound economic growth and the proper functioning of the internal market, including outlying regions. |
(3) |
The Commission announced its intention of proposing a directive on charging for the use of road infrastructure in the White Paper ‘European transport policy for 2010: time to decide’. The European Parliament confirmed the need for infrastructure charging when it adopted its resolution (5) on the conclusions of the White Paper on 12 February 2003. Following the Göteborg European Council of 15 and 16 June 2001, which drew particular attention to the issue of sustainable transport, the Copenhagen European Council of 12 and 13 December 2002 and the Brussels European Council of 20 and 21 March 2003 also welcomed the Commission's intention of presenting a new ‘Eurovignette’ Directive. |
(4) |
In paragraph 29 of the Presidency conclusions of its meeting in Göteborg, the European Council stated that a sustainable transport policy should tackle rising volumes of traffic and levels of congestion, noise and pollution and encourage the use of environment-friendly modes of transport as well as the full internalisation of social and environmental costs. |
(5) |
For the purposes of setting tolls, Directive 1999/62/EC takes account of infrastructure construction, operating, maintenance and development costs. A specific provision is needed to ensure clarity regarding the construction costs that may be taken into account. |
(6) |
International road transport operations are concentrated on the trans-European road transport network. Furthermore, the proper functioning of the internal market is vital to commercial transport. Consequently, the Community framework should apply to commercial transport on the trans-European road network as defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (6). Member States should, in accordance with the principle of subsidiarity, be free to apply tolls and/or user charges on roads other than those... |
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