Brussels, 24/06/2003 (Agence Europe) - On Tuesday the European Commission decided to open an infringement procedure against Austria, which is planning to ban heavy goods vehicles carrying certain goods from a section of the A12 motorway in the Tyrol from 1 August 2003 onwards. The Commission feels this is discriminatory and will be an obstacle to the smooth working of the internal market. The Commission also doubts whether the measure will be effective or whether it is proportionate to the declared objective of improving air quality. In view of the seriousness and urgency of the situation, the Commission has decided to give the Austrian authorities one week to reply to the points which it has raised before sending a Reasoned Opinion. In a letter sent on 6 May, the Commission asked the Austrian authorities for supplementary information (which is failed to supply).
On 27 May he Governor of the Tyrol (Austria) adopted an order banning from the A12 Inntal motorway between Kundl and Ampass all heavy goods vehicles with a total mass of over 7.5 tonnes carrying cereals, logs, cork, iron and non-ferrous ores, stone, earth, rubble, motor vehicles and trailers, or steel for construction purposes. The ban is due to enter into force on 1 August 2003 and is intended to improve air quality in the region concerned. Traffic to or from the city of Innsbruck and from the districts of Kufstein, Schwaz and Innsbruck-Land (i.e. the entire region in which such traffic is to be banned) will be exempt from the ban. The Commission argues this traffic ban breaches the principle of freedom to provide services, as enshrined in the Regulation 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 in the Regulation laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State. It also argues that the Austrian measure would have the effect of hampering the free movement of goods, which is prohibited by Article 28 of the Treaty.