Brussels, 29/04/2016 (Agence Europe) - On Thursday 28 April, the European Commission sent a reasoned opinion to Germany and a letter of formal notice to the United Kingdom, targeting, respectively, the road tariff system for tourists' vehicles introduced in June 2015 and the road levy system on heavy goods vehicles, which has been in place since April 2014.
In the case of Germany, the Commission refers to the Treaties on the general principle of non-discrimination (see EUROPE 11218). The German road tariff system for tourists' vehicles, in the form of a sticker to be displayed in the car, is connected to a taxation reduction instrument applicable to vehicles registered in Germany, for an amount which corresponds to the cost of the sticker. However, in the Commission's view “this system discriminates against drivers from the other member states”, for two reasons: German drivers do not ultimately pay a road levy and the costs of short-term stickers, the ones most likely to be used by foreign drivers, are disproportionate.
The European institution opened infringement proceedings in June 2015 and, with this reasoned opinion, is moving to the second stage. The German authorities now have two months to respond to the Commission, which will otherwise be entitled to bring the matter before the Court of Justice of the EU.
This is not the first time that the German tariff system has come under fire from the Commission, which referred the country to the Court in 1990, when Berlin adopted a similar system. However, this was aimed only at heavy goods vehicles. Germany was then obliged to abandon its tariff system.
As regards the UK, the Commission's action is based on the 'Eurovignette' Directive (1999/32/EC). According to the institution, the British system also discriminates against foreign drivers. The Commission has therefore called for more information from the British government, which now has two months to respond.
The Commission reiterates that there are two ways of avoiding discriminatory treatment. A tax can be levied on vehicles if it is based on criteria other than nationality, such as external costs to the environment, or a toll system based on distance. The latter system is the Commission's preferred option, as it allows the levy to be in proportion to the mileage driven, unlike the sticker-based system. (Original version in French by Pascal Hansens)