Click:porcelain insulator
An illegal and irresponsible U-turn
The Commission’s change of direction on mega-lorries will have a negative impact on taxpayers and the environment.
Guardian of the EU treaties and champion of the single market – this is how the European Commission likes to depict itself. Yet its planned U-turn on existing EU rules prohibiting extra-long and extra-heavy lorries – so-called mega-lorries or giga-liners – from crossing national borders raises doubts about whether the Commission still takes these responsibilities seriously.
The Commission has announced that it unilaterally intends to lift the ban on cross-border mega-lorry traffic by transferring the power to decide to member states. This would worsen the competitive disadvantage faced by environmentally-friendly rail transport, and undermine the EU’s democratic decision-making process.
The plans to implement this about-turn by changing the interpretation of current EU law would bypass the roles of the European Parliament and the Council of Ministers as co-legislators on this directive. The Parliament’s transport committee has therefore taken a cross-political decision to examine all available legal remedies.
Under the directive on maximum vehicle weights and dimensions, member states can allow mega-lorries under certain circumstances. However, the directive explicitly rules out cross-border use. This was not only the purpose of the legislation as set out by the Commission at the time of adoption in 1996, but also an interpretation that different European commissioners for transport subsequently reiterated despite years of pressure from the road-transport lobby and a handful of member states.
The current commissioner for transport, Siim Kallas, himself restated this interpretation as recently as March 2010 in a response to my written question on the legislation and the consequences of infringements. However, months of rumours ensued that he was planning a complete U-turn on his own interpretation, and the commissioner wrote to member states on 13 June announcing that the Commission would allow the cross-border use of mega-lorries between consenting neighbouring countries.
The legislative sleight of hand being employed by the Commission is clearly a cause for concern. Such a fundamental policy change would surely be more appropriately considered together with the Parliament and Council within a review of the directive that was already scheduled to start later this year.
As well as being legally questionable, the plans call into question the credibility of the transport-policy vision presented by the Commission last year in its transport white paper. Authorising and promoting the use of mega-lorries on EU roads would lead to a shift away from encouraging rail for long-distance freight transport. This would be bad for the environment and for road safety, and is the exact opposite of what we should be doing to develop a more sustainable transport system.
According to a study by K+P Transport Consultants and the Franhofer ISI institute, allowing the EU-wide use of mega-lorries would result in up to 35% of rail freight (single wagonload) shifting to road and more than 12% of combined road-and-rail freight switching to lorries.
While a handful of logistics companies would benefit from the change, taxpayers would have to foot the bill. According to ASFiNAG, the publicly owned company that runs Austria’s motorways, it would cost €5.4 billion in Austria alone to adapt the infrastructure – roads, bridges, tunnels, roundabouts and level crossings –for longer, heavier vehicles. That is not to mention the social, health and environmental costs. This is a classic example of socialising the costs while privatising the benefits.
The Commission’s planned U-turn on mega-lorries is irresponsible as well as illegal. Instead of pushing ahead with the plans, and confrontation with the Parliament, Kallas should instead withdraw the letter and respect the legislative procedure.
Michael Cramer is a German Green MEP and a member of the European Parliament’s transport committee.