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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M1 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)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1524/96 of 30 July 1996 L 190 13 31.7.1996
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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
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Community,
Havingreg ard to the Act of Accession of Norway, Austria, Finland and
Sweden, and in particular Article 11 (6) and Annex 4 of Protocol No 9thereto,
Whereas the abovementioned Protocol provided for a special regime
concerning the transit of heavy goods vehicles through Austrian terri-tory based on a system of Rights of Transit (Ecopoints); whereas such aregime shall replace, from the date of Accession, the system of distribu-tion of ecopoints established by Council Regulation (EEC) No 3637/92of 27 November 1992 (
1);
Whereas the Commission should adopt detailed implementingmeasures
concerningthe procedures relatingto the ecopoint system and thedistribution of ecopoints;
Whereas, accordingto the second subparag raph of Article 11 (6) of
Protocol No 9, such measures should ensure that the actual situation forthe present Member States resultingfrom the application of CouncilRegulation (EEC) No 3637/92 and of the Administrative Arrangement,signed on 23 December 1992 (
1), settingthe date of entry into force and
the procedures for the introduction of the ecopoint system referred to inthe Transit Agreement, is maintained;
Whereas the Commission should adopt detailed measures concerning
outstandingtechnical questions relatingto the ecopoint system as fore-seen in Joint Declaration No 18;
Whereas Annex 4 of Protocol No 9 shall be adapted to take account of
transit journeys by heavy goods vehicles registered in Finland andSweden, based on indicative values for the respective countries calcu-lated on the basis of the number of transit journeys in 1991 and astandard value of NOx emission of 15,8 grammes NOx/kw;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Committee set up by Article 16 of Protocol No9,
HAS ADOPTED THIS REGULATION:
I.Administrative provisions
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Article 1
1. The driver of a heavy goods vehicle on the territory of Austria
shall carry, and shall make available for inspection at the request of thesupervisory authorities, either:
(a) a duly completed standard form or an Austrian certificate
confirmingpayment of the ecopoints for the journey in question,modelled on Annex A, hereinafter referred to as ‘the ecocard'; or
(1) OJ No L 373, 21. 12. 1992, p. 1.
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(b) an electronic device, fitted to the motor vehicle which enables the
automatic debitingof ecopoints, hereinafter referred to as ‘theecotag'; or
(c) appropriate documentation, as defined in Article 13, to demonstrate
that an ecopoint-free transit journey, as defined in Annex C, isbeingmade; or
(d) appropriate documentation to demonstrate that a non-transit journey
is beingmade, and when the vehicle is fitted with an ecotag , theecotagis set for this purpose.
The competent Austrian authorities shall issue the ecocard against
payment of the cost of production and distribution of ecopoints andecocards, and shall install the necessary infrastructure at appropriateplaces to read the ecotags.
2. Ecotags shall be manufactured, programmed and installed in
accordance with the general technical specifications laid down in AnnexF. The competent authorities in each Member State are authorized toapprove, program and install the ecotags.
The ecotagshall be prog rammed to contain information on the country
of registration and the NO
xvalue of the motor vehicle, as stated in the
conformity of production (COP) document, as defined in paragraph4.
3. The ecotagshall be affixed to the windscreen of the motor vehicle.
It shall be positioned in accordance with Annex G. It shall be non-trans-ferable.
4. The driver of a heavy goods vehicle registered on or after 1
October 1990 shall also carry, and produce upon request, a COP docu-ment, modelled on Annex B, as evidence of the NO
xemissions of that
vehicle. Heavy goods vehicles first registered before 1 October 1990 orin respect of which no document is produced shall be assumed to have aCOP value of 15,8 g/kWh.
5. Member States shall notify the Commission of the national author-
ities authorized to issued the documents and ecotags referred to inparagraphs 1 to 4.
Article 2
1. Unless the vehicle is usingan ecotag , the requisite number of
ecopoints shall be affixed to the ecocard and cancelled. The ecopointsshall be cancelled by signing in such a way that the signature extendsover both the ecopoints and the form to which they have been affixed.A rubber stamp may be used instead of a signature.
An ecocard, bearingthe requisite number of ecopoints shall be handed
to the supervisory authorities of the Member State of registration of thevehicle, or of Austria, who will hand back a copy with the proof ofpayment.
2. If the vehicle fitted with an ecotag, upon confirmation of it under-
takinga transit journey requiringecopoints, a number of ecopoints,equivalent to the NO
xemission information stored in the ecotagof the
vehicle, shall be deducted from the total of ecopoints allocated to theMember State in which the vehicle is registered. This shall be done byinfrastructure provided and operated by the Austrian authorities.
For vehicles fitted with ecotags that are making bilateral journeys they
must set the ecotagto demonstrate that a non-transit journey is beingmade prior to enteringAustrian territory.
3. In the case where an ecocard is used and where a tractor unit is
switched duringa transit journey, the proof of payment on entry shallremain valid and be retained. Where the COP value of the new tractorunit exceeds that indicated on the form, additional ecopoints, affixed toa new card, shall be cancelled on leavingthe country.
4. For journeys requiringecopoints, the ecocard or the ecotagshall
replace all Austrian forms hitherto used for transport statistics.
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5. The competent authorities of the Member States shall regularly
notify the Commission of the number of points used on ecocards. Theoriginals, or copies, of forms bearing cancelled ecopoints shall, wherenecessary, be made available to individual national authorities or to theCommission.
Alternatively, if the vehicle is fitted with an ecotag, the Austrian author-
ities shall make available the necessary information to a designatedauthority in the Member State where the vehicle is registered within 48hours that a transit journey has been made. Such information shall alsobe made available to the Commission.
6. Paragraphs 1 to 5 shall apply without prejudice to Article 14a.
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Article 3
1. Until 31 December 1996 Austrian proof of payment for ecopoints
for Italy or Germany shall be recognized as replacing the authorizationspreviously used in Austria, Germany and Italy. In Italy such proof ofpayment shall replace a bilateral half-ticket for a single journey and inGermany a bilateral authorization for a return journey.
For Austrian-registered heavy goods vehicles leaving Italy, a duly-
completed copy of the form referred to in Article 1 (1), bearingtherequisite number of ecopoints for Italy, shall replace the authorizationprovided for.
2. Continuous journeys which involve crossingthe Austrian frontier
once by train, whether by conventional rail transport or in a combinedtransport operation, and crossingthe frontier by road before or aftercrossing by rail, shall be regarded not as transit of goods by roadthrough Austria within the meaning of Article 1 (e) of Protocol No 9,but as bilateral journeys within the meaningof Article 1 (g ) thereof.
3.►
M1Notwithstandingparag raph 2, continuous transit journeys
through Austria using the following rail terminals shall be deemed toconstitute journeys: ◄
Fürnitz/Villach Süd, Sillian, Innsbruck/Hall, Brennersee, Graz.
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Article 4
Ecopoints shall be valid between 1 January of the year for which they
are attributed and 31 January of the followingyear.
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Article 5
1. Infringements of Protocol No 9 or of this Regulation by a driver of
a heavy goods vehicle or an undertaking shall be prosecuted in accord-ance with the national legislation in force. ►
M1In the case of repeated
infringements of this Regulation, Article 8 (3) and Article 11 of CouncilRegulation (EEC) No 881/92 (*) shall apply. ◄
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2. The Commission and the competent authorities of the MemberStates shall, each within the limits of their jurisdiction, provide eachother with administrative assistance in investigating and prosecutinginfringements of Protocol 9 or this Regulation, in particular by ensuringthat the ecocards and ecotags are correctly used and handled.
3. Controls may be carried out at a point other than the border, at the
discretion of the Member State, with due regard to the principle ofnon-discrimination.
4. The Austrian supervisory authorities may, havingdue reg ard to
(*) OJ No L 95, 9. 4. 1992, p. 1.
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the principle of proportionality, take appropriate measures if a vehicle isfitted with an ecotagand at least one of the followingsituations occur:
(a) the vehicle or the operator of the vehicle has repeatedly committed
infringements;
(b) there are insufficient ecopoints remainingin the allocation of the
country in which the vehicle is registered;
(c) the ecotaghas been tampered with or has been chang ed by a party
other than those authorized in Article 1 (2);
(d) the Member State has not allocated sufficient ecopoints for the
vehicle to make a transit journey;
(e) the vehicle does not have appropriate documentation in accordance
with points (c) or (d) of Article 1 (1) to justify why the ecotaghasbeen set to demonstrate that a non-transit journey is beingmade onAustrian territory;
(f) when the ecotagspecified in Annex F is not loaded with sufficient
ecopoints to make a transit journey.
5. The Austrian supervisory authorities may, havingdue reg ard to
the principle of proportionality, take appropriate measures if a vehicle isnot fitted with an ecotagand at least one of the followingsituationsoccur:
(a) an ecocard is not presented to the supervisory authorities in accord-
ance with the provisions of this Regulation;
(b) an ecocard is presented which is incomplete or incorrect, or where
the ecopoints are not correctly affixed;
(c) the vehicle does not possess, the appropriate documentation to
justify that it does not need ecopoints.
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II.Distribution of ecopoints
Article 6
1. A number of ecopoints equal to 96,66 % of the total available
shall be distributed between the Member States accordingto thedistribution scale shown in Annex D.
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2. The printed ecopoints which are intended for affixingto ecocardsshall be made available each year to Member States in two instalments,the first before 1 October of the precedingyear, and the second before 1March of the relevant year.
In the circumstances envisaged in Article 11 (2) (c) of Protocol 9, the
number of ecopoints shall be reduced for that year usingthe methodlaid down in point 3 of Annex 5 to the Protocol.
Article 7
1. The competent authorities of the Member States shall allocate
their available ecopoints to the operators concerned, established on theirterritory.
2. Each year the competent authorities of the Member States shall
indicate and return to the Commission by 15 October at the latest anyecopoints which, on the basis of available data and the estimates fortraffic for the final months of the year, are not likely to be used beforethe end of the year.
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Article 8
1. The ecopoints which are not distributed amongMember States, in
accordance with Article 6, as well as those which have been returned tothe Commission, in accordance with Article 7, shall constitute aCommunity reserve.
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Year Percentage of ecopoints Ecopoints for EU-15
1991
base100 % 23 556 220▼M1
2. The ecopoints of the Community reserve shall be allocated by theCommission to the Member States in accordance with the procedure setout in Article 16 of Protocol 9, at least one month before the end of theyear.
The reallocation shall be weighted according to the following criteria, as
detailed in Annex E:
— the special position of Greece and Italy,
— the effect of German reunification,— the promotion of alternative transport modes through Austria, in
particular the ‘Rollende Landstraße',
— the number of ecopoints allocated to Member States, actually used
by them,
— the average NO
xfigures for transiting vehicles from Member States,
— unforeseen occurrences.
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III.Adaptation of ecopoint figures
Article 9
Annex 4 of Protocol No 9 ►M1 ◄shall be adapted as
follows:
1995 71,7 % 16 889 810
1996 65,0 % 15 311 543
1997 59,1 % 13 921 726
1998 54,8 % 12 908 809
1999 51,9 % 12 225 678
2000 49,8 % 11 730 998
2001 48,5 % 11 424 767
2002 44,8 % 10 533 187
2003 40,0 % 9 422 488
IV.Technical questions concerning the ecopoint system
Article 10
►M1For the purposes of ◄Article 11 (2) (b) and Annex 5 (1) of
Protocol No 9, in the case of vehicles registered before 1 October 1990which have had a change of engine since this date, the COP value of thenew engine shall apply. In such a case the certificate issued by theappropriate authority shall mention the change of engine and givedetails of the new COP value for NOx emissions.
Article 11
Where a traction unit registered in a Member State other than Austria is
replaced by an Austrian-registered traction unit during a transit journeyacross Austria to Italy, a permit for bilateral traffic between Austria andItaly shall, until 31 December 1996, be required in addition to the proofof payment for the journey by the first traction unit.
Article 12
A transit journey shall be exempt from payingecopoints if the
followingthree conditions are met:
(i) the sole purpose of the journey is to deliver a brand-new vehicle,
or vehicle combination, from the manufacturers to a destination inanother State;
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(ii) no goods are transported on the journey;
(iii) the vehicle or vehicle combination has appropriate international
registration papers and export licence plates.
Article 13
A transit journey shall be exempt from payingecopoints if it is the
empty legof a journey exempt from ecopoints as listed in Annex C andthe vehicle carries suitable documentation to demonstrate this. Suchsuitable documentation shall be either:
— a bill of lading, or
— a completed ecocard to which no ecopoints have been attached, or— a completed ecocard with ecopoints, which are subsequently rein-
stated.
Article 14
1. This Article shall apply to the transit traffic of heavy goods
vehicles with a maximum authorized weight of over 3,5 tonnes regis-tered in Austria across German territory either via Bad Reichenhall(‘Kleines Deutsches Eck')or via the Inntal-motorway A8/A93 betweenthe crossings Bad Reichenhall/Autobahn and Kiefersfelden (‘GroßesDeutsches Eck').
2. On the ‘Kleines Deutsches Eck',Germany may limit the number
of single journeys of Austrian heavy goods vehicles to 4 700 per weekuntil 30 June 1995 and to 2 350 single journeys per week until 31December 1996.
3. On the ‘Großes Deutsches Eck',Germany may, until 31 December
1996, limit the number of single journeys of transiting Austrianvehicles, other than those made on the basis of bilateral traffic authori-zations or journeys on own account, to 2 350 per week. As from 1January 1997 the non-discriminatory treatment of Austrian hauliersshall be ensured.
4. On the ‘Kleines Deutsches Eck' the Commission shall, before 1
October 1996 and after consultation, notably with Austria and Germany,review the necessity and efficiency of this regime with a view toestablishinga non-discriminatory system based on environmentalcriteria and electronic controls to be applied as from 1 January 1997 toheavy goods vehicles as defined in Article 1 (d) of Protocol No 9 to theAct of Accession for Austria and which shall not exceed the restrictionsapplyingto the transit of heavy g oods vehicles across Austrian territory.
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Article 14a
For a transitional period expiringon 31 December 1997, the use of
either ecocards or ecotags shall be permitted for the administration oftransit traffic.
From 1 January 1998 the Commission shall allow each Member State to
use annually ecocards up to a maximum of 0,6 % of the total number ofecopoints for the Member States as laid down in Article 9. MemberStates shall notify the Commission by 1 August of each year at thelatest of the number of ecopoints they wish to have for use on ecocardsthe followingyear. These ecopoints shall be made available by theCommission in a single portion before 1 December. The ecocards shallbe made available in accordance with the second subparagraph ofArticle 1 (1).
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V.Final provisions
Article 15
This Regulation shall enter into force on 1 January 1995, subject to the
entry into force of the Act of Accession of Norway, Austria, Finlandand Sweden.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANEXO A — BILAG A — ANHANG A — ΠΑΡΑΡΤΗΜΑ Α — ANNEX A — ANNEXE A — ALLEGATO
A—B ĲLAGE A — ANEXO A

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ANEXO B — BILAG B — ANHANG B — ΠΑΡΑΡΤΗΜΑ Β — ANNEX B — ANNEXE B — ALLEGATO
B—B ĲLAGE B — ANEXO B

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ANNEX C
JOURNEYS FOR WHICH NO ECOPOINTS ARE REQUIRED
1. The occasional transport of goods to and from airports when flights are
diverted.
2. The carriage of baggage in trailers attached to passenger vehicles, and the
carriage of baggage to and from airports by vehicles of all kinds.
3. The carriage of postal consignments.4. The carriage of damaged vehicles or vehicles in need of repair.5. The carriage of waste and sewage.6. The carriage of animal carcases for disposal.7. The carriage of bees and fish spawn.8. The transport of corpses.9. The carriage of works of art for exhibition or commercial purposes.10. The occasional carriage of goods for advertising or educational purposes.11. The carriage of goods by removal firms possessing the appropriate personnel
and equipment.
12. The carriage of equipment, accessories and animals to and from theatrical,
musical, cinema, sportingor circus events, exhibitions or fairs, or to andfrom radio, cinema or television recordings.
13. The carriage of spare parts for ships and aircraft.14. The empty journey of a goods vehicle sent to replace a vehicle that has
broken down in transit and the continuation of the journey by the replace-ment vehicle usingthe authorization issued for the first vehicle.
15. The carriage of emergency medical aid (particularly in the case of natural
disasters).
16. The carriage of valuable goods (e.g. precious metals) in special vehicles
escorted by the police or another security service.
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Member State UnitsANNEX D
DISTRIBUTION SCALE OF ECOPOINTS
Austria 214 800
Belgium 32 500
Denmark 40 500
Germany 482 500
Greece 60 500
Spain 1 200
Finland 4 600
France 5 000
Ireland 1 000
Italy 510 000
Luxembourg5 000
Netherlands 123 500
Portugal 400
Sweden 7 500
United Kingdom 8 500
Total 1 497 500
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ANNEX E
ECOPOINT REDISTRIBUTION CRITERIA
The special position of Greece and Italy
Of the Community reserve of 3,34 % of the total number of ecopoints, a
proportion of ecopoints equivalent to 4 874 of the units set out in Annex D shallbe allocated to Italy and 576 of the units set out in Annex D to Greece, on apriority basis. Furthermore, all necessary efforts shall be made to ensure that theshare of ecopoints allocated to Greece takes sufficient account of Greek needs.
The effect of German reunification
In addition, a proportion of ecopoints equivalent to 6 444 of the units set out in
Annex D shall be allocated to Germany from the Community reserve.
The promotion of alternative transport modes through Austria, in particular the
‘Rollende Landstraße'
All Austrian ecopoints returned for redistribution to the Commission shall be
distributed to Member States requestingadditional ecopoints proportional tostatistics showing the Member State of registration of heavy goods vehicles usingthe ‘Rollende Landstraße' in Austria.
The number of ecopoints allocated to Member States, actually used by them, the
average NO
xfigures for transiting vehicles from Member States
The remainingecopoints shall be distributed to Member States requestingaddi-
tional ecopoints proportional to a coefficient that is defined for each MemberState as follows:
— number of ecopoints deemed necessary, based on extrapolation of the most
recent statistics from Austria,
— multiplied by the proportion of ecopoints allocated to a Member State that
were actually used by that Member State the previous year,
— multiplied by the most recent average NO
xfigures for transit vehicles from
the Member State, as a percentage of the target figure for the year.
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ANNEX F
GENERALTECHNICALSPECIFICATIONS OF THE ECOTAG
Short-range communication beacon — vehicle
(Pre)standards and technical reports relevant to DSRC
The following requirements provided by CEN/TC 278 with regard to short-range
communication between the vehicles and the roadside infrastructure are to bemet:
(a) prENV278/9/#62 ‘DSRC Physical Layer usingMicrowave at 5,8 GHz';
(b) prENV278/9/#64 ‘DSRC Data Link Layer';
(c) prENV278/9/#65 ‘DSRC Application Layer'.
Type test
The supplier of the ecotagmust provide type-test certificates for the appliances
from an accredited test institute confirmingcompliance with all the limit valuesspecified in the current I-ETS 300674.
Operating conditions
The ecotagfor the automatic ecopoint system must g uarantee the required
functionality under the followingoperatingconditions:
— ambient conditions: ambient temperature from —25 °Ct o+ 7 0 °C,
— weather conditions: all eventualities,— traffic: several lanes, moving,— speed range: From ‘stop-and-go' to 120 km/h.
The above operatingconditions are minimum requirements pendingthe adoption
of (pre)standards relevant to DSRC.
The ecotagmay react only to microwave sig nals specific to its own applications.
EcotagIdentification
Each ecotagmust have a unique identification number. In addition to the number
of digits necessary to make it distinguishable, this number must also contain acheck sum for integrity verification.
Installation
The ecotagshould be desig ned for installation behind the windscreen of the lorry
or traction unit. It shall be installed so as to be completely non-detachable fromthe vehicle.
Transit declaration
The ecotagmust have an input facility for declaringa journey exempt from the
payment of ecopoints.
This facility must be clearly visible on the ecotagfor control purposes; alterna-
tively, it must be possible to set the ecotagat a defined initial position. At allevents, it must be ensured that only the status at the time of entry is taken intoaccount for evaluation in the system.
External marking
Every ecotagmust also be clearly identifiable on visual inspection. To this end,
the abovementioned unique identification number must be indelibly applied tothe surface of the appliance.
A non-detachable, indelible markingto the ecotagin the form of prepared
stickers shall be affixed to the ecotag. This marking must show the number ofecopoints for the individual vehicle (‘5', ‘6', ... ‘16').
These special stickers must be tamper-proof; they must have mechanical
strength and be light- and temperature-resistant. They must have a highadhesive strength and any attempt to remove them must result in their destruc-tion.
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Integrity
The casingmust be constructed in such way that any manipulation of the
internal components is excluded and any interference can subsequently bedetected.
Memory
The ecotagmust have sufficient memory capacity for the followingdata:
— identification number,
— vehicle data
— COP value,
— transaction data
— identification of the border post,
— date/time,— status of journey declaration,— blocking(blacklisting ) information,
— status data
— manipulation,
— battery status,— status of latest communication.
There must be a reserve of memory of at least 30 %.
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ANNEX G
INSTALLATION REQUIREMENTS FOR ECOTAG
The ecotagshall be located on the interior side of the windowscreen within the
marked area (illustrated above) where the dimensions are as follows:
x = 100 cmy=8 0c m .