14.10.2011 Official Journal of the European Union L 269/1 | (Legislative acts) DIRECTIVES DIRECTIVE 2011/76/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 September 2011 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof, Having regard to the proposal from the European Commission, Having regard to the Opinion of the European Economic and Social Committee (1), Having regard to the Opinion of the Committee of the Regions (3), Acting in accordance with the ordinary legislative procedure (%), Whereas: (1) The promotion of sustainable transport is a key element of the common transport policy. To this end, the contribution of the transport sector to climate change and its negative impacts should be reduced, in particular congestion, which impedes mobility, and air and noise pollution, which create health and environmental damage. Moreover environmental protection requirements must be integrated into the definition and implementation of other Union policies, including the common transport policy. (2)  The objective of reducing the negative impacts of transport should be achieved in such a way as to avoid disproportionate obstacles to the freedom of movement in the interest of sound economic growth, the proper functioning of the internal market and territorial cohesion. (3) To optimise the transport system accordingly, the common transport policy should use a variety of () OJ C 255, 22.9.2010, p. 92. (3 OJ C 120, 28.5.2009, p. 47. (%) Position of the European Parliament of 11 March 2009 (O] C 87 E, 1.4.2010, p. 345) and position of the Council at first reading of 14 February 2011 (O] C 77 E, 11.3.2011, p. 1). Position of the European Parliament of 7 June 2011 (not yet published in the Official Journal) and Council decision of 12 September 2011. instruments to improve transport infrastructure and the use of technologies and to enable the more efficient management of transport demand through, in particular, the promotion of the renewal of the fleet, a more efficient use of infrastructures and co-modality. This calls for further recourse to the ‘user pays’ principle and the development and the implementation of the ‘polluter pays’ principle in the transport sector in all modes of transport. (4)  Directive 1999/62/EC of the European Parliament and of the Council (* called on the Commission to present a model for the assessment of all external costs arising from use of the transport infrastructure to serve as the basis for future calculations of infrastructure charges. That model was to be accompanied by an impact analysis of the internalisation of external costs for all modes of transport and a strategy for a stepwise imple- mentation of the model and, if appropriate, by proposals for further revision of that Directive. (5)  In order to move towards a sustainable transport policy, transport prices should better reflect the costs related to traffic-based air and noise pollution, climate change, and congestion caused by the actual use of all modes of transport, as a means of optimising the use of infra- structure, reducing local pollution, managing congestion and combating climate change at the least cost for the economy. This calls for a stepwise approach in all transport modes, taking into account their particular characteristics. (6)  Transport modes have already started to internalise external costs and the relevant Union legislation either phases in such internalisation or at least does not prevent it. However, this process needs to be monitored and encouraged further for all modes of transport applying common principles while taking into account the specificity of each mode. (*) OJ L 187, 20.7.1999, p. 42.