Commissie start procedure Hof om Oostenrijks verbod voor transport bepaalde goederen (en)
The Commission today decided to refer to the Court of Justice Austria's plans to ban heavy goods vehicles carrying certain goods from using a section of the A12 motorway as from 1 August 2003. This measure infringes the rules regarding the freedom to provide services and hinders the free movement of goods within the EU. The information supplied by the Austrian government following the launch of the infringement procedure by the Commission on 25 June 2003 and the issue of a reasoned opinion is insufficient. The matter has been referred to the Court of Justice for it to give a ruling before the Austrian measure enters into force on 1 August.
The information provided by the Austrian government within the eight days it was allowed by the reasoned opinion of 9 July is not sufficient. The Commission has therefore decided to request the Court of Justice for temporary suspension of application of the measures planned by Austria.
On 27 May 2003, the Governor of Tyrol (Austria) issued an Order imposing a total ban on the use of the A 12 Inntal motorway between Kundl and Ampass by heavy goods vehicles with a total mass of more than 7.5 tonnes carrying the following products: cereals, bark and cork, ferrous and non-ferrous minerals, stones, earth, rubble, motor vehicles and trailers, and construction steel. The ban, which will enter into force on 1 August 2003, is intended to improve air quality in the area affected.
This ban violates the principle of freedom to provide services, as specified in the Regulation(1) on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States and the Regulation(2) laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State.
The Austrian measure and its effects are also a barrier to the freedom of movement of goods as provided for in Article 28 of the Treaty.
(1) Council Regulation (EEC) No 881/92 of 26 March 1992, OJ L 95, 9.4.1992, p. 1.
(2) Council Regulation (EEC) No 3118/93 of 25 October 1993, OJ L 279, 12.11.1993, p.1.