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# 52003AG0040

**Common Position (EC) No 40/2003 of 28 March 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council establishing a transitional transit system applicable to heavy goods vehicles travelling through Austria for 2004***Official Journal C 214 E , 09/09/2003 P. 0001 - 0006*

Common position (EC) No 40/2003

adopted by the Council on 28 March 2003

with a view to adopting Regulation (EC) No .../2003 of the European Parliament and of the Council of ... establishing a transitional transit system applicable to heavy goods vehicles travelling through Austria for 2004

(2003/C 214 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the Opinion of the European Economic and Social Committee(2),

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(3),

Whereas:

(1) Article 11(2)(a) of Protocol 9 to the Act of Accession of the Republic of Austria to the European Union(4) stipulates that the ecopoint system will lapse on 31 December 2003.

(2) Paragraph 58 of the conclusions of the Laeken European Council of 14 and 15 December 2001 requested that the ecopoint system be extended as a temporary solution. This extension is in keeping with policy on environmental protection in vulnerable areas such as the Alpine region. Paragraph 35 of the conclusions of the Copenhagen European Council of 12 and 13 December 2002 requested the Council to adopt, before the end of 2002, a Regulation on the interim solution for the transit of heavy goods vehicles through Austria 2004-2006.

(3) This measure is required pending adoption of the framework proposal on charging for the use of infrastructure, as set out in the White Paper on European transport policy for 2010 which the Commission has declared it intends to present in 2003.

(4) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).

(5) A transitional transit system should therefore be established for the year 2004,

HAVE ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation the following definitions shall apply:

(a) "vehicle" means vehicle as defined in Article 2 of Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States(6);

(b) "international carriage" means international carriage as defined in Article 2 of Regulation (EEC) No 881/92;

(c) "transit traffic through Austria" means traffic through Austrian territory from a point of departure to a point of arrival, both of which lie outside Austria;

(d) "heavy goods vehicle" means all motor vehicles with a maximum authorised weight of more than 7,5 tonnes registered in a Member State and designed for the transport of freight and all trailer or semi-trailer combinations with a maximum authorised weight of more than 7,5 tonnes drawn by a motor vehicle with a maximum authorised vehicle weight not exceeding 7,5 tonnes registered in a Member State;

(e) "transit of goods by road through Austria" means transit traffic of heavy goods vehicles through Austria, whether such vehicles are loaded or empty;

(f) "bilateral journeys" means international journeys on routes carried out by a given vehicle where the point of departure or point of arrival is located in Austria and the respective point of arrival or point of departure is located in another Member State and where unloaded journeys are carried out in conjunction with these journeys.

Article 2

This Regulation shall apply to the international carriage of goods by road on journeys carried out within the territory of the Community. The transitional transit system implies no direct limitation in the number of transits through Austria.

Article 3

1. For journeys which involve transit of goods by road through Austria, the regime established for journeys on own account and for journeys for hire or reward under the First Council Directive on the establishment of common rules for certain types of carriage of goods by road of 23 July 1962(7) and Regulation (EEC) No 881/92 shall apply subject to the provisions of this Article.

2. From 1 January 2004 to 31 December 2004, the following provisions shall apply:

(a) The transit of EURO 4-standard heavy goods vehicles is not subject to the transitional transit system;

(b) The transit of EURO 0 heavy goods vehicles is prohibited, with the exception of the transit of EURO 0 heavy goods vehicles registered in Greece and Portugal and of the transit of certain highly specialised vehicles of high cost and with a long economic life-span;

(c) The total NOx emissions from heavy goods vehicles crossing Austria in transit shall be set according to the values given for the year concerned in Annex I;

(d) The value of the total NOx emissions from heavy goods vehicles shall be set according to a transitional transit system. Under that system, any heavy goods vehicle crossing Austria in transit shall require a number of points equivalent to its NOx emissions (authorised under the Conformity of Production (COP) value or type-approval value). The method of calculation and administration of such points is described in Annex II.

(e) Austria shall issue and make available in good time the points required for the administration of the transitional transit system, pursuant to Annex II, for heavy goods vehicles crossing Austria in transit.

(f) The total quota for NOx emissions allowed in 2004 is equivalent to the total quota allowed under the ecopoint system in 2003 and shall be managed and distributed by the Commission among Member States by the same principles as those applicable to the ecopoint system in 2003, according to the provisions of Regulation (EC) No 3298/94(8);

(g) The reallocation of points of the Community reserve shall be weighted according to the criteria mentioned in Article 8(2) of Regulation (EC) 3298/94 and, more particularly, according to the effective use of the points allocated to Member States as well as to the specific needs for the hauliers transiting Austria through the route Lindau-Bregenz-St. Margarethen ("Hörbranz-Transit").

3. If the Eurovignette proposal on charging for the use of infrastructure is not adopted by 31 December 2004, all terms of paragraph 2 will be extended for one further year, and, if this proposal is not adopted by 31 December 2005, for a second year at the most. In such case, the Commission, with the help of an independent expert, shall undertake an analysis on the traffic of Euro 4 standard vehicles for the transit through Austria; the amounts of available points as mentioned in Annex I for the years 2005 and 2006 shall be adjusted on the basis of that analysis, within the respective quotum bands, in accordance with the procedure laid down in Article 5.

Article 4

1. As long as the provisions of Article 3(2) and, when appropriate, of Article 3(3) apply, the Member States, under their mutual cooperation arrangements, shall take any necessary measures compatible with the Treaty against misuse of the transitional transit system.

2. Hauliers with a Community authorisation issued by the competent authorities in Austria shall not be entitled to carry goods on international journeys where neither loading nor unloading takes place in Austria. All such journeys involving transit through Austria shall, however, be subject to the provisions of Article 3.

3. To the extent necessary, any monitoring methods including electronic systems relating to the implementation of Article 3 shall be decided in accordance with the procedure laid down in Article 5.

Article 5

1. The Commission shall be assisted by a committee.

2. Where reference is made to this Article, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3. The Committee shall adopt its Rules of Procedure.

Article 6

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 103 E, 30.4.2002, p. 230.

(2) OJ C 221, 17.9.2002, p. 84.

(3) Opinion of the European Parliament of 12 February 2003 (not yet published in the Official Journal), Council Common Position of 28 March 2003 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(4) OJ C 241, 29.8.1994, p. 361.

(5) OJ L 184, 17.7.1999, p. 23.

(6) OJ L 95, 9.4.1992, p. 1. Regulation as amended by Regulation (EC) No 484/2002 of the European Parliament and of the Council (OJ L 76, 19.3.2002, p. 1).

(7) OJ 70, 6.8.1962, p. 2005. Directive as last amended by Regulation (EEC) No 881/92.

(8) Commission Regulation (EC) No 3298/94 of 21 December 1994 laying down detailed measures concerning the system of rights of transit (ecopoints) for heavy goods vehicles transiting through Austria (OJ L 341, 30.12.1994, p. 20). Regulation as last amended by Council Regulation (EC) No 2012/2000 (OJ L 241, 26.9.2000, p. 18).

ANNEX I

POINTS QUOTUM BANDS

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ANNEX II

CALCULATION AND ADMINISTRATION OF THE POINTS

1. The following documents must be submitted by the driver of a heavy goods vehicle each time it crosses the Austrian border (in any direction):

(a) a document showing the COP value for NOx emissions from the vehicle in question;

(b) a valid points card issued by the competent authority.

Concerning (a):

In the case of EURO 0, EURO 1, EURO 2, EURO 3-standards heavy goods vehicles registered after 1 October 1990, the document showing the COP value must be a certificate issued by the competent authority giving details of an official COP value for NOx emissions or the type-approval certificate showing the date of approval and value established for type-approval purposes. In the latter case the COP value will be the type-approval value plus 10 %. Once such a value has been determined for a vehicle it cannot be changed during the vehicle's life.

In the case of heavy goods vehicles registered before 1 October 1990 and heavy goods vehicles for which no certificate is submitted, a COP value of 15,8 g/kWh will be set.

Concerning (b):

The points card/ecotag contains a certain number of points and is endorsed as follows on the basis of the COP value for the vehicles in question:

1. Each g/kWh of NOx, calculated according to paragraph 1a, counts as one point.

2. NOx emission values are rounded up to the next full point if the decimal is 0,5 or more, otherwise they are rounded down.

2. At three-month intervals the Commission, acting in compliance with the procedure laid down in Article 5, calculates the number of journeys and the average level of NOx emission from heavy goods vehicles and maintains statistical records broken down according to nationality.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

Having regard to Article 71.1 of the EC Treaty, and in the framework of the codecision procedure in accordance with Article 251 of the EC Treaty, the Council adopted its common position on a draft Regulation establishing an ecopoint system applicable to heavy goods vehicles travelling through Austria for the year 2004 on 28 March 2003.

In taking its position, the Council took account of the opinion of the European Parliament in its first reading of 12 February 2003(1) and of the opinion of the European Economic and Social Committee delivered on 29 May 2002(2). The Committee of the Regions decided not to give an opinion.

The aim of the draft Regulation as proposed by the Commission is to extend the main elements of the present ecopoint system - which applies to heavy goods vehicles travelling through Austria and which expires on 31 December 2003 - to the year 2004; a possible extension to 2005 and 2006 is foreseen. The ecopoint system aims to reduce the negative environmental consequences resulting from the transit of heavy goods vehicles through Austria. Each lorry has to "pay" a certain number of ecopoints for a transit through Austria - corresponding to the category to which the vehicle belongs (EURO 0, 1, 2, 3): the most polluting lorries (EURO 0) pay the most ecopoints.

II. ANALYSIS OF THE COMMON POSITION

In relation to the Commission's proposal, the Council agreed to the establishment of a "transitional transit system" for 2004. The Council also agreed that this system be extended to 2005 and 2006 in case the Eurovignette proposal on charging for the use of infrastructure has not been adopted by 31 December 2004 and 31 December 2005, respectively.

However, the Council introduced a number of changes in its common position on the draft Regulation. In order to promote the use of environmentally friendly lorries, the Council prohibited the transit of EURO 0 vehicles, with the exception of those registered in Greece or Portugal - taking account of the structure of the heavy goods vehicle fleet in these Member States - and of certain highly specialised vehicles of high cost and with a long economic life span.

Furthermore, the transit of EURO 4 standard vehicles (the cleanest vehicles) will not be subjected to the transitional transit system. However, in case of an extension of the system to 2005 and 2006, the Commission should undertake an analysis of the transit of EURO 4 standard vehicles and reduce the amount of available ecopoints within the respective quotum bands as set out Annex I of the Council common position. In the case of no transit of EURO 4 standard vehicles, the amount in the maximum quotum band would be respected; in the case of transit of EURO 4 standard vehicles, the amount of points to be distributed as from 2005 would be adjusted downwards, in accordance with the findings of the Commission's analysis, within the limits of the corresponding minimum quotum band.

The Council's common position represents a balance between on the one hand, the concerns for the environmental protection in vulnerable areas such as the Alpine region, and on the other hand the concerns pertaining to the principle of the free circulation of goods in the Union.

III. EUROPEAN PARLIAMENT AMENDMENTS

Against the background of the elements mentioned in the analysis of the Council's common position, the Council has examined carefully the amendments of the European Parliament.

The Council was not in a position to accept any of the amendments.

(1) Not yet published in the Official Journal.

(2) OJ C 221 of 17.9.2002, p. 84.