L157/8 Official Journal of the European Union 9.6.2006 DIRECTIVE 2006/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 71(1) thereof, Having regard to Directive 1999/62/EC (!), and in particular Article 7 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (), Having regard to the opinion of the Committee of the Regions (%), Acting in accordance with the procedure laid down in Article 251 of the Treaty (*), Whereas: (1)  Eliminating distortions of competition between transport undertakings in the Member States, the proper func- tioning of the internal market and improved competi- tiveness all depend on fair mechanisms being established to charge hauliers for the cost of infrastructure use. A degree of harmonisation has already been achieved through Directive 1999/62/EC. (2) A fairer system of charging for the use of road infra- structure, based on the ‘user pays’ principle and the ability to apply the ‘polluter pays’ principle, for instance through the variation of tolls to take account of the environmental performance of vehicles, is crucial in order to encourage sustainable transport in the Com- munity. The objective of making optimum use of the existing road network and achieving a significant reduc- tion in its negative impact should be achieved in such a way as to avoid double taxation and without imposing additional burdens on operators, in the interests of sound economic growth and the proper functioning of the internal market, including outlying regions. (3)  The Commission announced its intention of proposing a directive on charging for the use of road infrastructure in the White Paper ‘European transport policy for 2010: time to decide’. The European Parliament confirmed the need for infrastructure charging when it adopted its () OJ L 187, 20.7.1999, p. 42. Directive as amended by the 2003 Act of Accession. () O] C 241, 28.9.2004, p. 58. () O] C 109, 30.4.2004, p. 14. (*) Opinion of the European Parliament of 20 April 2004 (O] C 104 E, 30.4.2004, p. 371), Council Common Position of 6 September 2005 (O] C 275 E, 8.11.2005, p. 1) and Position of the European Parliament of 15 December 2005 (not yet published in the Official Journal). Council Decision of 27 March 2006. resolution (°) on the conclusions of the White Paper on 12 February 2003. Following the Goteborg European Council of 15 and 16 June 2001, which drew particular attention to the issue of sustainable transport, the Copenhagen European Council of 12 and 13 December 2002 and the Brussels European Council of 20 and 21 March 2003 also welcomed the Commission’s inten- tion of presenting a new ‘Eurovignette’ Directive. (4)  In paragraph 29 of the Presidency conclusions of its meeting in Goteborg, the European Council stated that a sustainable transport policy should tackle rising volumes of traffic and levels of congestion, noise and pollution and encourage the use of environment-friendly modes of transport as well as the full internalisation of social and environmental costs. (5)  For the purposes of setting tolls, Directive 1999/62/EC takes account of infrastructure construction, operating, maintenance and development costs. A specific provi- sion is needed to ensure clarity regarding the construc- tion costs that may be taken into account. (6)  International road transport operations are concentrated on the trans-European road transport network. Further- more, the proper functioning of the internal market is vital to commercial transport. Consequently, the Com- munity framework should apply to commercial transport on the trans-European road network as defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (). Member States should, in accord- ance with the principle of subsidiarity, be free to apply tolls and/or user charges on roads other than those on the trans-European road network, in compliance with the Treaty. Where Member States choose to maintain or introduce tolls andfor user charges only on parts of the trans-European road network in their territory and not on others, for reasons such as their isolation or low levels of congestion or pollution or where essential for the introduction of a new tolling arrangement, the choice of the parts of the network subject to tolls or charges should not discriminate against international traffic and should not result in distortions of competition () OJ C 43 E 19.2.2004, p. 250. () O L 228, 9.9.1996, p. 1. Decision as last amended by Decision No 884/2004[EC (OJ L 167, 30.4.2004, p. 1).