Sustainability in European Transport Policy

Matthew Humphreys

• Publisher: Taylor & Francis
• Year: 2010
• Print ISBN: 9780415578318
• eBook ISBN: 9781136876196
• Edition: 1
• Topic: Economics
• Subtopic: Environmental Economics
• Index: Economics

The construction of the European Economic Communities in 1950 primarily set out to build an integrated economic zone in which national borders were, to a large extent, overcome. The ability of persons and goods to move freely within the economic zone was seminal in the realisation of economic integration. Underlying this, and therefore an implied necessity for European growth, an effective transport infrastructure was essential. However, with rising awareness of environmental issues, and a closer regard to sustainability of development, European transport systems and their regulation have come under scrutiny.

This book sets out a critical analysis of the body of law and policy initiatives that constitute the EU's common transport policy. The development of the transport policy is charted through amending and founding Treaties as well as non-legislative documents. The book uses a model of sustainability as the basis for the analysis as the criteria for sustainable development were set out under Article Eleven of the Treaty on the Functioning of the European Union. However, sustainable development, when taken in the context of transport is difficult to reconcile with unbridled economic growth and unchecked freedom of movement and the book identifies a contradiction at the heart of European policy which can only become more accentuated as environmental trends become more explicit. The book argues that European regulation will eventually be forced to recognize this dichotomy, and take more forceful action to protect environmental and social development, even at the cost of economic progress.

This book will be of great interest to researchers and students on European Union law and policy courses, transport studies courses and European integration courses. The book is of relevance to all those interested in environmental and transport matters.

1
The legislative and policy context of the common transport policy

Introduction

Roads are the most congested, polluted and dangerous of the various transport modes within the European Union.¹ According to the UNITE project, it is estimated that, in Europe, costs associated with road congestion amount to €70 billion, approximately one per cent of its overall GDP.² Likewise, the environmental and external accident costs of road transport, taken together, are estimated to reach at least €122 billion, approximately 1.6 per cent of Europe’s GDP.³ These are not small sums, and have risen considerably since the research was carried out in 2005. Moreover, the costs described are not currently internalised in transport pricing systems, and are consequently paid for by the European taxpayer. While this may or may not arouse concern from a financial point of view, the environmental prospect that awaits, if unbridled growth in road transport is allowed to continue, should surely sound an alarm. While a Common Transport Policy (CTP) constituted one of the four original policies of the European Economic Communities, awareness of emission levels and transport pricing policies has only recently arisen, followed by harmonisation measures. To state that the Commission has so far been relatively inactive in bringing environmental concerns to the fore of a transport policy originally aimed at facilitating economic integration would be unjust. However, the majority of measures promoting marginal cost pricing have been recent legislative events, and much more still remains to ensure that environmental concerns lie on a par with, let alone trump, economic aims and interests.

This chapter will set out the development of the CTP from its inception in the Treaty of Rome, and will undertake a thorough discussion of the various legislative documents that have influenced the development of a European Transport Policy. The chapter will set out the aims of Commission undertakings, and will assess the extent to which these have been achieved both in this and in later chapters. It will also lay the foundations for discussions in future chapters.

Legislative background

Transport constituted one of the four original Common Policies of the European Economic Communities, and was set out in Title IV of the Treaty of Rome, spanning Articles 74–84 EC. There was a heavy focus placed on the achievement of economic integration through effective transport mechanisms, and the provisions laid down in the Treaty reflected this. Adverse charges on foreign carriers were prohibited and certain levies were to be harmonised. Article 74 set out that ‘The objectives of this Treaty shall, in matters governed by this Title, be pursued by Member States within the framework of a CTP’.⁴ However, while admirable objectives were set out in the preamble, the only mention of environmental matters was in Article 2 of Part One, which stated as one of the aims ‘to promote throughout the Community a harmonious and balanced development of economic activities, sustainable and non-inflationary growth respecting the environment […]’.⁵ These constituted overarching aims of Community (now Union) action, hence while legislation had, in principle, to comply with these ideals, they represented little more than that. Transport policy under the Treaty of Rome was arguably little more than tangentially enabling to economic integration.

The Protocol establishing the European Conference of Ministers of Transport (ECMT) was signed on 17 October 1953, with the aim of focusing on the improvement of transport as a facilitative policy aspect. The International Transport Forum, now an inter-governmental organisation within the OECD family, is a global platform for the discussion of transport, logistics and mobility in which world leaders debate means by which to combat the detrimental effects to the environment caused by transport.

The Treaty of Maastricht, or Treaty on European Union, inserted as an aim of the Community the promotion of ‘economic and social progress which is balanced and sustainable’,⁶ and the notion of sustainability is repeated in Article G with regard to economic growth. Moreover, the Treaty added a Declaration on the assessment of the environmental impact of European measures which stated, ‘The Conference notes that the Commission undertakes in its proposals, and that the Member States undertake in implementing these proposals, to take full account of their environmental impact and the principle of sustainable growth’.⁷

The Treaty of Maastricht had sought to reinforce the political, institutional and fiscal foundations for transport policy, and introduced the concept of the trans-European network (TEN).

In 1997 the Treaty of Amsterdam continued this trend, and replaced the 7th recital with ‘Determined to promote economic and social progress for their people, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields’.⁸ This is the first appearance that the phrase ‘sustainable development’ makes in any of the founding or amending treaties of the European Union, and as such arguably marks a turning point in the focus of Union policy away from the purely economic towards a more holistic view of integration. This renewed focus on environmental issues has continued to inform policy in general, but has also continued to curb the excesses of economic development.

The Treaty of Amsterdam moved the requirement that ‘environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities [referred to in Article 3, in particular with a view to promoting sustainable development]’⁹ from general environmental provisions to overarching principles of the Community. This provision became Article 6 in the Consolidated Version of the Treaty, and became an important point of reference, especially with regards to transport policy.

In July 2002, the Directorate-General for the Environment launched the Sixth Environment Action Programme.¹⁰ Based on the Fifth Programme of the same name, it set climate change at the heart of policy priorities. Drawing on both the precautionary principle and the polluter pays principle, the Programme emphasised the need for a strategic, rather than a purely legal approach.¹¹ By this, the necessity of influencing decisions made by persons and businesses by such nebulous means as ‘working in partnership with’ and ‘empowering’ people was laid out. In contrast to the general optimism of the Programme and settled objectives of reducing greenhouse gases to a level that will not cause unnatural changes to the environment, the document noted the importance of preparing the public for the effects of climate change. The proper application of air quality standards and the adoption and implementation of a Directive on noise pollution were also stressed.¹² The seven thematic strategies set out in the Programme, which included air pollution, sustainable use of resources and urban environment, were all based on a global themed approach that balanced interaction and integration with other policy areas, while trying to find synergies with growth and employment objectives. The wildly optimistic language was further contradicted by the mid-term review of the Action Programme, which was published in April 2007.¹³ The review noted the level of work that was still outstanding, and was therefore left to repeat, for the most part, the objectives stated in the original Programme. The signing of the Kyoto Protocol in the interim, however, did prompt the Commission to note the need for increased dialogue with countries both outside the Union and countries outside the Kyoto framework. Environmental diplomacy was coined as a key phrase for the enhancement of international cooperation, while knowledge transfers of technological developments were encouraged.

Article 1(4) of the Treaty of Lisbon further promoted the phrase ‘sustainable development’, changing Article 2(3) of the Treaty on European Union to read ‘The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment’.¹⁴ Furthermore, the ‘sustainable development of the Earth’ was also listed as a value to be upheld by the Union in the wider world.¹⁵ Sustainable environmental development was included as a value to be applied in its development work with third countries.¹⁶ Furthermore, overseas work should also aim to ‘help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development’.¹⁷

Article 6 EC is, following the Treaty of Lisbon, Article 11 Treaty on the Functioning of the European Union (TFEU) Part One, Title II. Transport policy is laid out in Part One, Title VI, Articles 90–100, and these provisions have changed very little from those in the Treaty of Rome. Attention should be given to their interpretation, particularly in the light of the development of environmental principles laid down in the Treaties. It is the growth in use of phrases such as ‘sustainable development’ that has come to reflect the practice, attitude and intentions of policy makers and this is seen in the regulations, directives, decisions, reports and communications on transport policy.

The White Paper

The White Paper ‘European Transport Policy for 2010: time to decide’, was submitted by the Commission on 12 September 2001.¹⁸ The paper aimed to strike a balance between economic development and the quality and safety demands made by the society in order to develop a modern, sustainable transport system across the continent. Since the 1992 White Paper, an open transport market has become a reality in many Member States, especially in the fields of road and air cabotage. The Commission noted that while safety standards had remained the best in the world, personal mobility had increased from 17km per day in 1970 to 35 km per day in 1998. However, certain problems were noted. Stemming from the differences in time taken to implement various Union decisions, imbalances in the development of transport infrastructure exist. In particular, unequal growth was highlighted, with 44 per cent of the goods transport market and 79 per cent of the passenger transport market taken by road.¹⁹ Also highlighted as areas of concern were the dual problems of congestion and the harmful effects on the environment and on public health of such rapid growth of transport. The Commission noted that road transport alone accounted for 84 per cent of CO₂ emissions attributable to transport, and that predictions for 2010 forecast a 50 per cent increase in the amount of freight transported on Europe’s roads.²⁰ The ensuing problems were marked as being of particular concern.

The Commission made a series of proposals in the White Paper aimed at tackling developing problems in the areas of road, air, sea and inland waterways. As stated, this work will focus mainly on the issue of road transport, given that this is the arena in which the greatest issues have developed. Associated areas and their respective solutions will also be mentioned where appropriate.

The Commission proposed the harmonisation of several regulatory structures across the Union with regards...

Table of contents

• Contents
• Acknowledgements
• List of illustrations
• Table of cases
• Table of European Union legislation
• Foreword
• Introduction
• 1 The legislative and policy context of the common transport policy
• 2 European Union transport initiatives
• 3 Polluter pays principle
• 4 Road pricing in theory and practice
• 5 Sustainable development and transport
• 6 The polluter pays principle in practice
• Conclusions
• Appendix 1 Decision No. 1692/96/EC
• Appendix 2 Case study: Tyrolean transport across the Austrian Alps
• Index