COMMISSION OPINION. of

Transcription

1 EUROPEAN COMMISSION Brussels, C(2014) 9313 final COMMISSION OPINION of in accordance with Article 7h(2) of Directive 1999/62/EC concerning the introduction of a new tolling arrangement in Germany (Only the German text is authentic) EN EN

2 COMMISSION OPINION of in accordance with Article 7h(2) of Directive 1999/62/EC concerning the introduction of a new tolling arrangement in Germany (Only the German text is authentic) 1. INTRODUCTION 1. By letter of 9 May 2014, the German authorities provided the Commission, on the basis of Article 7h of Directive 1999/62/EC on the charging of heavy goods vehicles (HGVs) for the use of certain infrastructures 1, as amended by Directives 2006/38/EC 2 and 2011/76/EU 3 ( Directive 1999/62/EC ), with information related to the introduction of the new infrastructure charge tolling arrangement in Germany (the so-called 'LKW-Maut'). The Commission requested and received additional information from the German authorities, the latest being on 12 September According to Article 7h of Directive 1999/62/EC, Member States should send to the Commission at least six months before the implementation of a new infrastructure charge tolling arrangement that does not involve concession tolls the unit values and other parameters used in calculating the various infrastructure cost elements, and clear information on the vehicles covered by the tolling arrangements, the geographic extent of the network, or part of the network, used for each cost calculation, and the percentage of costs that are intended to be recovered. In accordance with Article 7e of the same Directive, they should calculate the maximum level of infrastructure charge using a methodology based on the core calculation principles set out in Annex III to Directive 1999/62/EC. Within six months of receiving all the necessary information on the new infrastructure charge tolling arrangement from the notifying Member State, the Commission should give an opinion as to whether the Member State complies with the obligations of Article 7e of the Directive. 4 The opinion has to be made available to the Committee established under Article 9c of Directive 1999/62/EC. 3. This opinion takes into account in particular the following information, submitted by the German authorities to the Commission: The formal notification received on 9 May 2014, including a report: Calculation of infrastructure costs on federal roads and of external costs provided by Directive 1999/62/EG for the years 2013 to 2017 prepared by a consortium led by Alfen Consult. Reply to the Commission tolling questionnaire on 16 June 2014 Additional information provided on 12 September 2014 following the request of the Commission OJ L 187, , page 42 OJ L 157, , page 8 OJ L 269, , page 1 This opinion is without prejudice to any other possible incompliances related to other Articles of the Directive EN 2 EN

3 2. ELIGIBLE NETWORK AND VEHICLES 4. The eligible 'LKW-Maut' network comprises motorways and other roads, parallel roads to motorways as well as about 1,100 km of federal roads with motorway standard and with four or more lanes, which are located close to motorways. 5. Germany has supplied a map detailing the eligible network (see figure 1). Corresponding to the Federal Trunk Road Toll Act 1 (3) 5, certain road sections are excluded from toll payments. Figure 1: Eligible 'LKW-Maut network' (motorway and other roads) 6. The 'LKW-Maut' will apply to all HGVs with a gross weight equal to or greater than 12 tonnes. It will be classified into four categories based on Euro-class and number of axles as described in table 1 below. 5 Federal Trunk Road Toll Act from EN 3 EN

4 Table 1: Categories of HGVs HGV with a maximum total permissible weight over 12 tonnes Category A Category B Category C Category D Euro 5 EEV class 1 Euro 6 Euro 4 Euro 3 with PMK 6 2, 3 or 4 Euro 3 without PMK Euro 2 with PMK 1, 2, 3 or 4 Euro 2 without PMK Euro 1 and all vehicles which do not belong to an emission class Up to 3 axles 4 and more axles Up to 3 axles 4 and more axles Up to 3 axles 4 and more axles Up to 3 axles 4 and more axles 3. COSTS AND ALLOCATION AS PRESENTED IN THE NOTIFICATION 3.1. Infrastructure costs 7. According to the notification of the German authorities, infrastructure costs were calculated for the base year 2010 by using the so-called 'synthetic method' with the exception of costs of land acquisition for which the so-called 'perpetual inventory method' was used in order to not reflect any changes in the value of land. 8. The following infrastructure assets were included in the cost calculations: land acquisition, compensatory and replacement measures, earthwork, pavement, equipment such as guiding devices, markings, traffic signs, bridges, tunnels, troughs, retaining structures, traffic sign gantries, sound insulation structures, anti-noise walls, maintenance depots and rest areas. 9. Costs of infrastructure of more than 30 years were included in the cost calculations if the infrastructure was originally designed to have a life span beyond 30 years. 10. A linear amortisation approach was applied to all infrastructure assets, independent of their nature. 11. Financing costs are to be included as part of the infrastructure costs, with the exception of the financing costs of assets that are planned or are under construction. 12. The interest rates to be applied in the infrastructure cost calculation were determined by applying a social opportunity cost approach, which is based on average net yields of Federal Government bonds. The average interest rate of Federal Government bonds in 2014 amounts to 2.1%. Given that expected future interest rates of Federal Government bonds are not available in Germany, two scenarios were developed based upon likely future evolutions. As a result, it is assumed that interest rates will increase to 3.4% in 'Partikelminderungsklasse' EN 4 EN

5 13. Infrastructure costs granted by the EU, amounting to a total of 970 million for the period 1986 to 2012, were included in the infrastructure cost calculations. The German authorities calculated that the EU grants will represent less than 1% of total cost in Operation and maintenance costs 14. The 'LKW-Maut' sets out to recover operating and maintenance costs. More specifically, the following costs will be recovered: routine maintenance costs, costs of toll collection, road clearing costs during winter and costs of the traffic police. 15. Operation and routine maintenance costs are calculated using annual cost rates derived from ABBV The rates by infrastructure components and the resulting amounts are clearly presented in the notification of the German authorities External costs 16. As a new element, external costs of air pollution will be recovered in addition to infrastructure costs on all eligible roads, which will replace the current variation of infrastructure costs according to EURO-Class 8. Costs of other externalities are currently not intended to be recovered. 17. The chargeable cost of traffic-based air pollution was calculated in accordance with the requirements of Annex IIIa resulting in values higher than the maximum values of Annex IIIb of Directive 1999/62/EC. 18. Vehicles or vehicle combinations will be subject to external cost charges independent of the number of axles and of the location of roads used. The values for interurban roads, as set out in Annex IIIb to Directive 1999/62/EC, will be applied Cost allocation 19. Infrastructure, operating and maintenance costs are apportioned, in a first step, to motorcycles, passenger and estate cars, vans up to 3.5 tonnes maximum permissible weight, buses and coaches, heavy goods vehicles with a maximum permissible weight of up to 12 tonnes and heavy goods vehicles with a maximum permissible weight exceeding 12 tonnes. 20. The cost allocation was carried out based on two main principles, namely the principle of causation, which is aimed at reflecting the influence of the weight of vehicles on costs of wear and tear, and the principle of capacity, which is intended to reflect the cost of infrastructure construction depending on volumes and characteristics of vehicles. Five different cost categories were applied: system-related costs, weight-related costs, capacity-related costs, emission-related costs and vehicle km-related costs. 21. Total vehicle kilometres and vehicle kilometres by category were forecast based on actual traffic counts for the years 2005 to 2011 in combination with projections of GDP, vehicle stock and population to derive statistical correlations and forecast functions. As a result, between 2010 and 2017, vehicle kilometers driven by all vehicles are expected to increase by 6.9 % on motorways and by 3.5 % on federal roads. HGV traffic is expected to increase by 16.8 % on motorways and by 15.3 % on federal roads during the period. 7 8 Verordnung zur Berechnung von Ablösungsbeträgen nach dem Eisenbahnkreuzungs-gesetz, dem Bundesfernstraßengesetz und dem Bundeswasserstraßengesetz 2010 According to Article 7g (4) of Directive 1999/62/EC EN 5 EN

6 22. For the purposes of allocation, equivalency factors were derived, with which the vehicle km of each vehicle category were weighted. The chosen methodology allows differentiating the costs between vehicles with "up to 3 axles" and those with "4 or more axles" as well as differentiating between motorways and federal roads. 23. The overall share of infrastructure costs allocated to HGVs is estimated to be approximately 48%, which is slightly higher than in the previous calculation presented by the German authorities. 4. OTHER ELEMENTS NOTIFIED 4.1. Recovery of infrastructure and external costs 24. The notified maximum average weighted infrastructure charge and the external costs for air pollution are displayed in table 3 and 4. Table 3: Maximum average weighted infrastructure charge for HGV over 12 t - maximum permissible weights on motorways and toll related federal roads in Euro per km 2015 to Vehicle kilometres (vkm) Billion vkm Infrastructure costs Billion Maximum average weighted infrastructure charge / vkm Table 4: External costs for air pollution per vehicle category Emission class Toll rates in Euro-Cent per km Suburban roads (including Motorways) Interurban roads (including Motorways) Category A (Euro 6) Category B (Euro 5) Category C (Euro 4) Category D (Euro 3) Category E (Euro 2) Category F (Euro 1 and less) The actual charges, which will apply from 2015, have not yet been adopted by the German authorities. However, the German authorities have notified the Commission that the intention was to recover 100% of the infrastructure costs and of the external costs Rebates 26. No rebates are foreseen according to the notification of the German authorities Toll collection 27. The tolling scheme is operated by a private company (Toll Collect GmbH). All toll revenues are to be transferred to the Federal Government, which in turn is remunerating the toll system operator. EN 6 EN

7 28. German legislation currently does not allow European Electronic Toll Service (EETS) operators to register in Germany, as required by Directive 2004/52/EC 9 and by Commission Decision 2009/750/EC ASSESSMENT OF THE COMMISSION 29. The eligible network, which comprises motorways and 1100 km of other roads, is in line with the requirements of Article 7 of Directive 1999/62/EC. 30. HGVs equal to or greater than 12 tonnes will be subject to the 'LKW-Maut', which is a derogation to the general rule of 3.5 tonnes as stated in Article 2(d) of Directive 1999/62/EC. The German authorities previously informed the Commission, according to Article 7(5) of the same Directive, of their decision and of their reasons invoking the derogation. 31. The calculation of infrastructure costs, applying primarily the synthetic method, has been carried out in respect of Annex III to the Directive. As regards land acquisition, for which the so-called perpetual inventory method was applied rather than the synthetic method, due justifications were provided by the German authorities. 32. The inclusion of infrastructure assets older than 30 years in the infrastructure cost calculation was justified in accordance with Article 2(aa)(ii) of Directive 1999/62/EC. 33. Whereas a linear amortisation approach was applied, in compliance with Annex III of Directive 1999/62/EC, it is considered best practise to apply different amortisation rates for different infrastructure assets to reflect the different nature of these. 34. The inclusion of financing costs and particularly the lowering of the interest rate, with respect to previous infrastructure cost calculations, is fully in line with Annex III of Directive 1999/62/EC. It is moreover considered consistent with the use of the synthetic method combined with the current market situation. 35. Infrastructure grants by the Union were included in the infrastructure cost calculations. Whereas such grants in principle should be excluded, they are rather negligible and it is considered that they have no substantial influence on the maximum weighted average infrastructure charge. 36. The allocation of costs to different vehicle categories was carried out in a transparent and objective manner in line with Annex III to Directive 1999/62/EC and in line with previous German infrastructure cost calculations. The share of costs allocated to HGVs is well justified. 37. Charging for external costs, in addition to infrastructure costs, is in line with the user-pays and the polluter-pays principles, which is welcome by the Commission. 38. The German authorities notified the Commission that they intend to charge for the cost of air pollution. The external cost charge will apply without differentiation to all users and to all eligible roads at the lowest rates applicable to interurban roads of Annex IIIb of Directive 1999/62/EC. It is the assessment of the Commission that the provisions of Articles 7b, 7c, 7j and 9(2) are complied with. 9 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, OJ L 166 of , p Commission Decision 2009/750 of 6 October 2009 on the definition of the European Electronic Toll Servce and its technical elements, OJ L 268 of , p. 11. EN 7 EN

8 39. Over time it is recommended to vary the costs of air pollution according to types of roads and to include external costs of noise as well. It should also be considered varying the infrastructure charge according to levels of congestion, in line with Article 7g(3) of Directive 1999/62/EC. 40. The infrastructure cost calculations provided by the German authorities, and hereunder the maximum weighted average infrastructure charge, are consistent with the stated intention to recover 100% of infrastructure costs. It is recommended to perform regular reviews of the key assumptions, notably the forecast traffic volumes, to ensure that infrastructure costs are not being over-recovered, which would be contrary to Article 7(b)(1) of Directive 1999/62/EC. 41. As regards toll collection and to ensure compliance with Directive 2004/52/EC, it should be ascertained that the necessary legislation is adopted to allow for the registration of European Electronic Toll Service (EETS) providers in Germany and for the operation of EETS on German territory. 6. CONCLUSION 42. The tolling arrangement, as notified by the Federal Republic of Germany and which is planned to be introduced in Germany in January 2016, is considered to generally comply with Article 7e of Directive 1999/62/EC. Done at Brussels, For the Commission Violeta BULC Member of the Commission EN 8 EN