51 Amendments of Markus FERBER related to 2017/0114(COD)

Proposal for a directive
Recital 4 a (new)

(4a) In order to prevent traffic from switching to toll-free roads, which may have a serious impact on road safety and the optimum use of the road network, Member States must be able to levy tolls on all roads which are in direct competition with the trans-European networks.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 4 a (new)

(4a) To ensure fair competition in the transport sector, vans that are intended for the carriage of goods and that are engaged in the occupation of road transport operator1a should be included in the scope of charges applied to heavy duty vehicles. _________________ 1a Regulation (EU).../... of the European Parliament and of the Council amending Regulation (EC) 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (2017/0123);

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 5

(5) In order to secure user acceptance of future road charging schemes, Member States should be allowed to introduce adequate systems for the collection of charges as part of a wider package of mobility services. Such systems should ensure a fair distribution of infrastructure costs and reflect the 'polluter pays' principle and incorporate arrangements for ring-fencing the receipts from the user charges. In that connection, Member States should also be free to levy tolls on roads which do not form part of the main transport network. Any Member States introducing such a system should ensure that it complies with the provisions of Directive 2004/52/EC of the European Parliament and of the Council.16 _________________ 16 Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (Text with EEA relevance), OJ L 166, 30.4.2004, p. 124–143.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 6

(6) As in respect of heavy duty vehicles, it is important to ensure that any time-based charges applied to light duty vehicles are proportionate, including in respect of periods of use shorter than one year. In that regard, account needs to be taken of the fact that light duty vehicles have a use pattern differing from the use pattern of heavy duty vehicles. The calculation of proportionate time-based charges could be based on available data on trip patterns while ensuring non- discrimination.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 6

(6) As in respect of heavy duty vehicles, it is important to ensure that ~~any~~if Member States introduce time-based charges ~~applied to~~for light duty vehicles ~~are~~these are also proportionate~~, including~~ in respect of use and periods of use shorter than one year. In that regard, account needs to be taken of the fact that light duty vehicles have a use pattern differing from the use pattern of heavy duty vehicles. The calculation of proportionate time-based charges could be based on available data on trip patterns.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 7

(7) Pursuant to Directive 1999/62/EC, an external-cost charge consistent with the polluter-pays principle may be imposed at a level close to the social marginal cost of the usage of the vehicle in question. That method has proven to be the fairest and most efficient way to take account of negative environmental and health impacts of air pollution and noise generated by heavy duty vehicles, and would ensure a fair contribution from heavy duty vehicles to meeting EU air quality standards17 and any applicable noise limits or targets. The application of such charges should therefore be facilitated. _________________ 17 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, OJ L 152, 11.06.2008, p. 1-44.

2018/02/23
Committee: TRAN

Markus FERBER

Proposal for a directive
Recital 8

(8) To this effect, the maximum weighted average external-cost charges ~~should~~may be replaced by readily applicable reference values updated in light of inflation, the scientific progress made in estimating the external costs of road transport and the evolution of the fleet composition.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 9

(9) The variation of infrastructure charges according to Euro emission class has contributed to the use of cleaner vehicles. ~~However, w~~With the renewal of vehicle fleets, the variation of charges on this basis on the inter-urban network ~~is expected to become obsolete by the end of 2020 and should therefore be phased out by that time. From the same point in time, external-cost charging~~ should be applied more systematically, as a targeted means to recover external cost in respect of situations in which it matters most, taking account of the external costs of air and noise pollution.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 12

(12) In order to promote the use of ~~the~~ cleanestr and mostre efficient vehicles, Member States should apply significantly reduced road tolls and user charges to those vehicles.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 13

(13) Road congestion, to which all motor vehicles contribute in different proportions, represents a cost of about 1% of GDP. A significant part of this cost can be attributed to interurban congestion. A ~~specific~~ congestion charge should therefore be allowed, on condition that it is applied to all vehicle categories. In order to be effective and proportionate, the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location, time and vehicle categoryhas to be effective and proportionate and should not hamper economic activity nor harm those that road users that have no other choice than to travel by car during certain periods. In order to maximise the positive effect of congestion charges, corresponding revenues should be allocated to projects addressing the sources of the problem and contribute to alternative transport solutions.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 14

(14) Congestion charges should reflect ~~the actual costs imposed by each vehicle on other road users directly, and indirectly on society at large,~~costs in a proportionate manner. In order to avoid that they disproportionately hinder the free movement of people and goods, they should be limited to specific amounts reflecting marginal congestion cost in near capacity condition, that is to say when traffic volumes approach road capacity.

2018/02/23
Committee: TRAN

Markus FERBER

Proposal for a directive
Recital 17

(17) In case a Member State introduces a system of road charging, compensations granted may, according to the case, result in the discrimination of non-resident road users. The possibility to grant compensation at such occasion should ~~therefore be limited to the cases of tolls and should no longer be available in the case of user charge~~not lead to discrimination of non-resident road users.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 17 a (new)

(17a) As in respect to light duty vehicles, it is important to ensure that the movement of citizens is not hampered by the provisions laid down in this Directive. Member States should be allowed to introduce discounts and reductions when road users are disproportionally affected by charges due to geographical or social reasons.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 18

(18) In order to exploit potential synergies among existing road charging systems so as to reduce operating costs, the Commission should be fully involved in the cooperation among Member States intending to introduce common and interoperable road charging schemes.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 19

(19) Road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure. It is therefore appropriate to incentivise Member States to use revenues from road charges accordingly and, to this end, to require that they adequately report on the use of such revenues. In the process, Member States should ensure that road charge revenues are used in their entirety for road infrastructure measures. That should in particular help identifying possible financing gaps, and raising the public acceptance of road charging.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 19

(19) Road charges ~~can~~ mobilise resources that contribute to the financing of the maintenance, the repair and development of high quality transport infrastructure~~. It is therefore appropriate to incentivise~~ and services. Member States ~~to us~~should use the revenues from road charges accordingly and, to this end, toare required t~~hat they~~o adequately report on the use of such revenues. That should in particular help identifying possible financing gaps, and raising the public acceptance of road charging. Member States should communicate transparently with road users on how they use the revenues from road charging through visible displays.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 21

(21) It is necessary to ensure that external-cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex, to incentivise the use of the most fuel-efficient and clean vehicles, and to keep the incentives effective and the differentiation of road charges up-to-date. Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the purpose of adapting the reference values for external cost charging to scientific progress, defining the modalities for the revenue-neutral variation of infrastructure charges according to the CO2 emissions from heavy duty vehicles, and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201621 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 21 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.

2018/02/23
Committee: TRAN

Proposal for a directive
Recital 21 a (new)

(21a) No later than two years after the entry into force of the Directive as amended, the Commission will put forward a generally applicable, transparent and clear framework for the internalisation of environmental, congestion and health costs that will form the basis for future calculations of infrastructure charges. In this connection, the Commission may propose a model accompanied by an analysis of the impact on external-cost internalisation for all transport modes. As regards proportionality, account must be taken of all modes in connection with external-cost charging.

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 1999/62/EC
Title

Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of vehicles for the use of certain road infrastructures;

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)

Directive 1999/62/EC
Article 2 – paragraph 1 – point c a (new)

(ca) it provides parking areas;

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 1999/62/EC
Article 2 – paragraph 1 – point 6

(6) ‘toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle, the payment of which confers the right for a vehicle to use the infrastructures, including safe parking areas, comprising an infrastructure charge, and as the case may be a congestion charge or an external-cost charge or both;

2018/02/23
Committee: TRAN

Georges BACH, Herbert DORFMANN, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 1999/62/EC
Article 2 – paragraph 1 – point 15

15. ‘vehicle’ means a motor vehicle, with no fewer than four wheels ~~or more~~, or articulated vehicle combination intended or used for the carriage by road of passengers or goods;

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)

Directive 1999/62/EC
Article 2 – paragraph 1 – point 19

(19a) “van intended for the carriage of goods” means a vehicle intended for the carriage of goods with a maximum permissible laden mass between 2.4 and 3.5 tonnes and engaged in the occupation of road transport operator as set out in Regulation (EU).../... of the European Parliament and of the Council amending Regulation (EC) 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (2017/0123);

2018/02/23
Committee: TRAN

Georges BACH, Herbert DORFMANN, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 1999/62/EC
Article 2 – paragraph 1 – point 22

(22) ‘van’ means a vehicle ~~intended for the carriage of goods, and~~ having a maximum permissible mass not exceeding 3,5 tonnes;

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)

Directive 1999/62/EC
Article 2 – paragraph 1 – point 23 a (new)

(23a) ‘zero-emission operation’ refers to vehicles when they operate with no exhaust emissions on the covered road network;

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 1999/62/EC
Article 7 – paragraph 6

6. Without prejudice to paragraph 9, from ~~1 January 2018~~[the date of entry into force of this Directive], Member States shall not introduce user charges for heavy duty vehicles and vans intended for the carriage of goods. User charges introduced before that date may be maintained until 31 December 2023 and shall be replaced by infrastructure charges after that date.

2018/02/23
Committee: TRAN

Georges BACH, Herbert DORFMANN, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 1999/62/EC
Article 7 – paragraph 7

7. From [the date of entry into force of this Directive], Member States shall not introduce user charges for light duty vehicles. ~~User charges introduced before that date shall be phased out by 31 December 2027.~~

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 1999/62/EC
Article 7 paragraph 9

9. As of 1 January 2020, tolls and user charges applied to heavy duty vehicles shall apply to all heavy duty vehicles and vans intended for the carriage of goods.

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 1999/62/EC
Article 7 – paragraph 10

Tolls and user charges for heavy duty vehicles on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another. In addition, user charges may be maintained or introduced on the trans- European road network or on secondary roads independently of each other.

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive 1999/62/EC

Tolls and user charges for heavy duty vehicles and vans intended for the carriage of goods, on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another.

2018/02/23
Committee: TRAN

Georges BACH, Wim van de CAMP, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 1999/62/EC
Article 7a – paragraph 3 – subparagraph 1

Insofar as user charges are applied in respect of passenger cars, the use of the infrastructure shall be made available at least for the following periods: a day, a week, 10 days, a month or two months or both, and a year. The two-monthly rate shall be no more than 30 % of the annual rate, the monthly rate shall be no more than 18 % of the annual rate, and the 10-day rate shall be no more than 8 % of the annual rate.

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 1999/62/EC
Article 7a – paragraph 4

4. For minibuses, vans and vans intended for the carriage of goods, Member States shall comply either with paragraph 2 or with paragraph 3. Member States shall however set higher user charges for minibuses, vans and vans intended for the carriage of goods than for passenger cars as from 1 January 2024 at the latest.;

2018/02/23
Committee: TRAN

Georges BACH, Wim van de CAMP, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 1999/62/EC
Article 7 b – paragraph 3 (new)

(4 a) In Article 7b, the following paragraph 3 is added: 3. The motorway sections on which an infrastructure charge is applied shall have the necessary infrastructure and parking areas in compliance with Regulation (EU) .../.... of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods (2017/0122(COD)).

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 1999/62/EC
Article 7 c – paragraph 5

5. From 1 January 2021, Member States that levy tolls shall apply an external-cost charge to heavy duty vehicles and vans intended for the carriage of goods on at least the part of the network referred to in Article 7(1) where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in Annex IIIa.;

2018/02/23
Committee: TRAN

Georges BACH, Wim van de CAMP, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 1999/62/EC
Article 7da – paragraph 4

4. The congestion charge shall reflect the costs imposed by a vehicle on other road users, and indirectly on society, but shall not exceed the maximum levels set out in Annex VI for any given road type.deleted

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 1999/62/EC
Article 7da – paragraph 5

5. Member States shall put in place adequate mechanisms for monitoring the impact of congestion charges and for reviewing the level thereof. They shall review the level of charges ~~regularly, at least every three~~every years, to ensure that they are not higher than the cost of congestion occurring in that Member State and generated on those road sections, which are subject to the congestion charge.;

2018/02/23
Committee: TRAN

Georges BACH, Wim van de CAMP, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 1999/62/EC
Article 7 g – paragraph 4 – subparagraph 1

Within one year after official CO2 emission data are published by the Commission pursuant to Regulation (EU) …/…*****, the Commission shall adopt a delegated act, in accordance with Article 9e, to define the reference values of CO2 emissions, together with an appropriate categorisation of the heavy duty vehicles concerned, and to factor in emission reducing technologies.

2018/02/23
Committee: TRAN

Georges BACH, Wim van de CAMP, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 1999/62/EC
Article 7 g – paragraph 4 – subparagraph 2

Within one year from the entry into force of the delegated act, Member States shall vary the infrastructure charge taking into account the reference CO2 emission values and the relevant vehicle categorisation. Charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest, but not zero, CO2 emissions. Zero-emission vehicles and zero-emission operations shall benefit from infrastructure charges reduced by 75% compared to the highest rate.

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 7 (new)

Directive 1999/62/EC
Article 7g – paragraph 4 a (new)

4a. The Commission shall publish an evaluation report assessing the market share of zero-emission vehicles and zero- emission operations (OJ: insert date: five years after the entry into force of this Directive).

2018/02/23
Committee: TRAN

Georges BACH, Wim van de CAMP, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 8

Directive 1999/62/EC
Article 7 g a – paragraph 1

(1) For light duty vehicles, until 31 December 2021, Member States may vary tolls and user charges according to the environmental performance of the vehicle. They must also take the principle of proportionality into account with regard to other vehicles in the process.

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 8

Directive 1999/62/EC
Article 7 g a – paragraph 1

1. For light duty vehicles and vans intended for the carriage of goods, until 31 December 2021, Member States may vary tolls and user charges according to the environmental performance of the vehicle.

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point -a a (new)

Directive 1999/62/EC
Article 7 i – paragraph 2 – introductory part

~~2. Member States may provide for discounts or reductions to the infrastructure charge on condition that:~~ -a a In Article 7 i, paragraph 2, the introductory part is replaced by the following: "2. For heavy duty vehicles and vans intended for the carriage of goods, Member States may provide for discounts or reductions to the infrastructure charge on condition that:" Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:01999L0062- 20160401&qid=1519392635640&from=EN)

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)

Directive 1999/62/EC
Article 7 i – paragraph 2 a (new)

(a a) In Article 7 i, the following paragraph 2 a is inserted: 2a. For light duty vehicles, Member States may provide for discounts or reductions to the infrastructure charge on the condition that: (a) the resulting charging structure is proportionate, made public and available to users on equal terms and does not lead to additional costs being passed on to other users in the form of higher tolls; (b) such discounts and reductions contribute to social cohesion; and (c) such discounts and reductions contribute to ensure the mobility of peripheral regions and/or remote areas;

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a a (new)

Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1

~~2. Member States shall determine the use of revenues generated by this Directive~~(a a) Article 9 - paragraph 2 is amended as follows: "2. To enable the transport network to be developed as a whole, revenues generated from infrastructure and external costs charges, or the equivalent in financial value of these revenues, sh~~ould~~all be used to benefit the transport sector, and optimise the entire transport system. In particular, revenues generated from external cost charges, or the equivalent in financial value of these revenues, sh~~ould~~all be used to make transport more sustainable, including one or more of the following: (a)facilitating efficient pricing; (b)reducing road transport air pollution a~~t source~~nd noise pollution; (c)mitigating the effects of road transport pollution at source; (d)improving the CO2 and energy performance of vehicles; (e)developing alternative infrastructure or service for transport users and/or expanding current capacity; (f)supporting the trans-European transport network and eliminating bottlenecks; (g)optimising logistics; (h)improving road safety and safe road infrastructure; and (i)providing safe and secure parking ~~places.~~areas;"

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b – point 1 (new)

Directive 1999/62/EC
Article 9 – paragraph 3a (new)

1) (ba) the following paragraph 3a is added: 3a. Member States shall provide in the most transparent and clear way the use of the generated revenues from road users. Members States shall, on the section of the network where charges are generated, ensure at least one visible display providing at least the percentage of the revenue that has been invested to achieve the goals as set out in Article 9(2);

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 1999/62/EC
Article 11 – paragraph 2 – point h

(h) an evaluation, based on objective criteria, of the state of maintenance of the road infrastructure on the territory of the Member State and the safety aspects of the road infrastructure, and its evolution since the last report;

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 18 (new)

Directive 1999/62/EC
Article 11 – paragraph 2 – point ia (new)

(i a) an evaluation of parking areas and their fulfilment with the minimum requirements as defined in Regulation ../... amending Regulation (EU) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods (2017/0122(COD)).

2018/02/23
Committee: TRAN

Proposal for a directive
Article 1 – paragraph 1 – point 18 (new)

Directive 1999/62/EC
Article 11 – paragraph 2 – point i b (new)

(i b) The total revenues raised through mark-ups and on which road sections they have been levied.

2018/02/23
Committee: TRAN

Proposal for a directive
Annex I – point 1 – point b – point i – indent 1

Directive 1999/62/EC
Annex III – Section 2 – point 2.1 – indent 6

— Costs shall be apportioned to hea~~vy duty~~ch vehicles type on an objective and transparent basis taking account of the proportion of ~~heavy duty~~traffic for each vehicle t~~raffic~~ype to be carried on the network and the associated costs. The vehicle kilometres travelled by heavy duty vehicles may for this purpose be adjusted by objectively justified ‘equivalence factors’ such as those set out in point 4 (*).

2018/02/23
Committee: TRAN