Independent journal on economy and transport policy
06:45 GMT+1
TRUCKING
Brussels agrees with Italy's request to Austria to remove restrictions on road freight transport at the Brenner Pass
The Tyrolean government announces that it is ready to fight before the Court of Justice of the EU
Roma/Vienna
May 14, 2024
The European Commission today adopted a reasoned opinion
in the context of the proceedings initiated by Italy against
of Austria arguing that it infringes EU law in
the extent to which certain measures restricting road traffic are imposed
on the Brenner axis. The Commission confirmed that some
measures in force in Austria impose restrictions on the transport of
on the A12 and A13 motorways and consequently restrict the free
movement of goods referred to in Articles 34 and 35 TFEU: a
night driving ban, a sectoral traffic ban
for certain types of goods "compatible with transport by
rail", a ban on winter traffic on
on Saturdays and the rationing of heavy goods vehicles entering the
highway (known as the "dosing system").
The European Commission has specified that, while acknowledging that
explanations provided by Austria in relation to
environmental considerations, considers that the measures taken to
are not coherent and cannot therefore be
fully justified in the light of the achievement of the objectives
(environmental protection, road safety, fluidity
or security of supply). In addition, some of the
These measures are more likely to have an impact on the
foreign companies rather than Austrian ones.
With regard to Italy's complaint against the
Austria's complaint on an alleged lack of loyalty
cooperation, the Commission considers that Italy has not provided any
sufficient evidence to support that claim.
Following the adoption of the Commission's reasoned opinion,
Italy may decide to refer the case to the Court of Justice.
EU Justice. However, the parties have the option of
an amicable settlement of the dispute and the
The Commission has expressed its readiness to support them in this
effort.
Having learned of the pronouncement from Brussels, the Ministry of Finance,
Infrastructure and Transport, stressing that the Commission has
unequivocally censured all Austrian prohibitions on the
traffic along the Brenner Corridor, confirmed the intention to
Italy to proceed to formalise the application to the Court of Justice
of EU Justice. MIT pointed out that the opinion of the
Commission confirms the government's position
Italian and, with the strong input of the Vice-President of the Council of Ministers and
Minister Matteo Salvini, has decided to take the path of
after years of discussions aimed at finding a
negotiated solution, whipped by Austrian intransigence.
Satisfaction with the EU Commission's pronouncement is
was expressed by the Italian road haulage associations ANITA
and Fai-Conftrasporti. "The news," said the president
by ANITA, Riccardo Morelli - represents a significant victory
for our country and for the companies that move on a daily basis
the national economy, bringing Made in Italy to the North
Europe. ANITA expresses its heartfelt thanks to the Minister of Finance.
Infrastructure and Transport, Matteo Salvini, for having urged
the Italian Government to take the initiative against the
Austria, showing that it firmly believes in the reasons
highlighted by ANITA, as well as to those who have committed themselves to the
to achieve this. Ensuring free movement and
Fair competition between companies is of paramount importance.
importance for the competitiveness of the national economy'.
"We've always been supportive," Thomas recalled
Baumgartner, past president of ANITA with responsibility for the Brenner Pass - who
various Austrian measures against the transit of goods through the
Tyrol are discriminatory and contrary to the principle of freedom of expression.
movement of goods and which, in addition to infringing the
This is causing serious damage to the Italian economy. We
pleased with the clear stance of the European Commission
which vindicates our theses, confirming that the
justifications expressed by Austria with regard to the safety of the
and environmental protection shall not apply'.
"Today's event," commented the president of
Fai-Conftrasporto Paolo Uggè - is a first response
which does not deviate from the line held in the past. I remember that more
On several occasions the Austrian Government has been the subject of pronouncements
negative effects on the policy of bans on freedom of expression.
a principle enshrined in the European Union itself.
The last "rejection" against Austria took place
in 2004 with the Berlusconi government on eco-points, and to preside over
The trialogue that expressed itself negatively was me, as a
Undersecretary of State for Transport. The Austrian minister was Gorbach.
The Italian Pietro Lunardi. Now we are waiting for the Supreme Court, but
- concluded Uggè - it will be necessary to immediately remove
limitations and open up to a discussion that leads to solutions
ensuring respect for the environment and the
freedom of movement'.
On the Austrian side, the Minister for Climate Protection and the
Governor of the State of Tyrol, Leonore Gewessler and Anton
Mattle, anticipated that Austria's response will be
to underline once again its availability
talks, despite the fact that last year Italy
the negotiations, and made it clear that neither the government nor the
Austrian Federal Government or the Tyrolean Regional Government
will waive the Tyrolean emergency measures that - have
highlighted - not only protect the lives and health of people in
the whole of Tyrol, but they are also an obligation under the law
as Austria has to take steps to comply with the
to the EU Air Quality Directive, especially as the
A further reduction will be decided shortly at EU level
limit values.
"Tyrolean emergency measures," Gewessler reiterated
are legally compliant and correct. Because for us, the
People's health and lives are non-negotiable. We are united
on the side of the Tyrolean people and we will do everything we can
to protect it at all times. Our arguments - he
added - they are good. Tyrolean emergency measures have a basis
appropriate legal system. I am convinced that in the end, clean air,
Road safety and health will win over lobbying interests
of the Italian transport industry. One thing is clear:
The sooner that happens, the better. That's why
Austria remains open to dialogue. Now Matteo Salvini - he said
Gewessler - must decide whether to be a minister for the benefit of the
transporters or the people'.
"We continue to be ready," Mattle said.
discuss new measures that will improve the situation along the
Brenner corridor. However, the limit that can be tolerated by the
people, nature and infrastructure has been
achieved for some time. That is why we will continue to defend the
Tyrolean emergency measures with good arguments and we will remind the
our European neighbours and the European Commission's agreements
such as the Alpine Convention or the White Paper on
Transport. Anyone who talks about reducing traffic on the roads must
support the regions in this objective as well."
"We will examine and evaluate in detail," said the
Head of Transport and Environmental Conservation, and
of the nature of the Tyrolean government, René Zumtobel - the
European Commission statement presented today and the
criticisms raised in it. Ultimately, unfortunately, it's not surprising
that the Commissioner for Transport gives absolute priority to the
free movement of goods. I assume that now Italy will bring
with the support of the Commissioner for Transport and that
then a decision will be made before the Court of Justice
between the free movement of goods and the protection of the
health, living space and the environment. We will prepare in
coordination with the Confederation and in any case we will put in place
everything is at stake and we will fight before the European Court of Justice
for climate and health protection and against uncontrolled
lorry traffic through Tyrol."
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
phone: +39.010.2462122, fax: +39.010.2516768, e-mail
VAT number: 03532950106
Press Reg.: nr 33/96 Genoa Court
Editor in chief: Bruno Bellio No part may be reproduced without the express permission of the publisher