Transport

The problem of excessive transalpine goods traffic by road remained particularly acute in 2001. On 23 February the European Court of Justice issued a temporary injunction in Austria's favour pending a verdict on Austria's complaint against a Council decision modifying the application of the 108 per cent rule to limit excessive growth in transit traffic which contravenes Protocol 9 of Austria's accession treaty. On 20 September Austria again raised a complaint in the Court, this time against a decision by the Commission that prevented the correct application of the 108 per cent rule at all.

A Commission proposal to eliminate the 108 per cent rule was approved by the European Parliament on 5 September, although the parliamentary Environment and Transport committees had rejected it. A majority was in favour of retaining an upper limit on transit trips - without, however, specifying a figure.

In order to prevent a possible legal gap between the expiration of the ecopoints system at the end of 2003 and the entry into force of a new road pricing directive, the European Council in Laeken, at Austria's instigation, called for an interim regulation along the lines of the ecopoints system. The Commission accordingly presented a draft regulation on 20 December for one year along such lines - but without the 108 per cent clause. If no revision of the road-pricing directive has taken place by the end of 2004, the interim regulation will be extended till the end of 2005, and if necessary 2006.

The European Council in Gothenburg in June expressed itself in favour of a new roadpricing directive and a sustainable transport policy. The Commission White Book on European transport policy till 2010 presented in September reflects the Council's intentions. Austria has a particular interest in ensuring that sensitive areas are given full consideration here. To this end, a joint working group was set up with the Commission in September, and in December another one together with France.

In accordance with the verdict by the European Court of Justice on 26 September 2000 on the road tolls for vehicles in transit over the Brenner Pass, Austria revised the tariff structure and reduced the top rates. The Commission, however, still objected to the tariff level. It demanded an infrastructural cost analysis, and in December threatened to bring another case before the court on account of an alleged breach of the treaty through nonobservance of a court ruling.

As a result of the terror attacks in the United States on September 11 special meetings of the EU heads of state and government as well as the ministers for foreign affairs and transport were held in September and October to discuss security questions, especially in the air transport industry. An ad hoc Security Group was set up, supported by an expert team with Austrian participation. The increased danger arising from greater mobility of persons and freight is to be countered by higher security standards and controls. The air transport industry, which has been especially badly hit by events, was enabled to obtain compensation for direct losses sustained through the closure of US air space between 11 and 14 September, and has been indemnified by state assumption of non-insurable risks arising from terror and war.