WRITTEN QUESTION No. 1764/98 by Christoph KONRAD to the Commission. Proceedings brought before the European Court of Justice in Luxembourg by the Commission with regard to the toll levied on the Brenner Pass
C 13/80 Official Journal of the European Communities EN 18. 1. 1999 The malt export refund is fixed, in practice, with a very high degree of stability for each marketing year owing to the specific practices of this type of trade. Malt exporters cover their sales on the world market by contracts concluded for one year. Up to now, the practice has been to draw most of the export licences in the period from September to December of each year, which corresponds to the period during which most export sales contracts are concluded. For this reason the validity of export licences for malt taken out during this period covers 11 months plus the month of issue. Since this is the practice for almost all Community malt exports, most malt export licences are issued between October and December of each year and the refund applicable on these exports, consequently, is established at the same time. As regards the practices applied to exports by certain organisations in third countries, obviously when it can be proved that a practice not in conformity with the rules of the World Trade Organisation (WTO) is being applied the Commission and the other members of the WTO can assert their rights. So far, the trade has presented the Commission with no concrete proof of the practices of the Canadian Wheat Board in supplying Canadian maltsters with malting barley at a special competitive price which enables Canadian malt to compete with or undersell European malts of similar quality. In conclusion, the policy applied does not seem to have a particularly unfavourable effect on European exports either of malting barley or of malt. Moreover, the Euromalt association, which represents European maltsters who export, has up to now always strongly defended the 11 › month validity of malt export licences. (1999/C 13/115) WRITTEN QUESTION E-1764/98 by Christoph Konrad (PPE) to the Commission (5 June 1998) Subject: Proceedings brought before the European Court of Justice in Luxembourg by the Commission with regard to the toll levied on the Brenner Pass Has the Commission already brought proceedings before the European Court of Justice in Luxembourg 1. with regard to the toll levied on the Brenner Pass, as intended? 2. 3. If not, why not? On what grounds is the Commission basing its action? How does the Commission view the Republic of Austriaís attitude to the issue of the toll levied on the 4. Brenner Pass? Answer given by Mr Kinnock on behalf of the Commission (17 July 1998) The Commission referred the case of the toll increases on the Brenner motorway to the Court of justice on 29 May 1998. The Commission considers that Austria infringed Article 7b) of Directive 93/89/EEC of 25 October 1993 on the application of Member States of taxes on certain vehicles used for the carriage of goods by road and tolls and charges for the use of certain infrastructures (1) by imposing increased toll rates as from 1 July 1995 and 1 February 1996 on the entire Brenner highway › a main transit route through Austria for heavy goods vehicles registered in other Member States › in such a way that foreign vehicles are discriminated against. Furthermore the Commission considers that Austria has also infringed Article 7h) of Directive 93/89/EEC because the toll rates are not justified by the costs related to constructing, operating and developing the Brenner motorway. (1) OJ L 279, 12. 11. 1993