Tyrolean transit ban: Austria soon in court?
Since the beginning of 2020, many trucks are no longer allowed to drive through Tyrol in Austria, even though they comply with the latest Euro standard. However, vehicles travelling to and from Tyrol are not affected by the ban. This is unequal treatment, for which Italy now wants to take legal action.
The Brenner motorway in Tyrol is one of the most important north-south axes in Europe. Around 2.5 million trucks used it in 2021, for example, and the trend is rising. This is more than twice as much as comparable Swiss crossings. Not least because of high tolls in Switzerland, the Brenner motorway is also used as an alternative motorway for many transports.
The enormous through traffic on the Brenner motorway leads to severe congestion. High levels of air pollution, noise pollution and long traffic jams are the result. That is why Tyrol imposed sectoral driving bans some time ago.
These bans affect trucks over 7.5 tonnes that were registered for the first time before 31.8.2018. This means that many Euro6 vehicles are also banned, which actually comply with the latest Euro standard with correspondingly low emissions. The sectoral ban applies to the transport of certain goods, such as round timber, stones and earth, cardboard, tiles and marble, but also the transport of grain and that of certain types of vehicles, such as cars, motorbikes and vans up to 3.5 tonnes. The point of contention: the ban only applies to transit traffic, i.e. trucks travelling between Germany and Italy. The ban does not apply to source traffic, i.e. vehicles travelling to and from Tyrol or being loaded and unloaded in Tyrol.
Italy sees this distinction between transit and source traffic as a violation of the European treaties on the free movement of goods and competition. As early as March 2021, 13 transport and logistics associations from all over the EU had written to the EU demanding that it urgently intervene against the treaty violations in Tyrol. However, the EU is still holding back. Italy therefore now wants to file a complaint with the ECJ, the European Court of Justice. First, Italy has to file an application demanding that the European Commission deal with the problem. The EU must then take a position within three months and give the affected states the opportunity to take a position as well. If the EU does not respond within three months, an action can be brought before the ECJ.
So since the introduction of the sectoral driving ban in 2020, the situation is hardening more and more. A solution is not in sight. Raising the toll on the Brenner motorway could be an approach to reduce diversions traffic from Switzerland and thus relieve the Brenner motorway. However, the level of tolls in EU countries is highly regulated and cannot simply be increased. In addition, countries like Italy state that the toll costs would be an enormous burden for transport companies and would hit the industry hard.
According to the Tyrolean government, all states involved would first have to recognise the problem of heavy traffic congestion and the associated problems for citizens and the environment. Only if states like Germany and Italy do so and invest, for example, in shifting goods to the railways, can Tyrol be relieved.
Nevertheless: different rules for transit and source traffic indicates a clear inequality of treatment from which Tyrol benefits massively. How the EU sees this remains to be seen.