6. TRANSPORT POLICY

1. 31991 L 0440: Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (OJ L 237, 24.8.1991, p. 25), as last amended by:

- 32001 L 0012: Directive 2001/12/EC of the European Parliament and of the Council of 26.2.2001 (OJ L 75, 15.3.2001, p. 1).

Until 31 December 2006, Article 10(3) of Council Directive 91/440/EEC shall only apply in Hungary subject to the following conditions:

- Magyar Államvasutak Rt. (MÁV) shall cooperate with railway undertakings to provide international rail freight for imports, exports and transit through Hungary in a non-discriminatory manner. Access rights set out in Article 10(1) and (2) of the Directive shall be granted without limitation;

- at least 20 % of the annual total capacity of the Trans-European Rail Freight Network in Hungary shall be reserved for railway undertakings other than MÁV, and all origin-destinations shall allow for journey times comparable to those enjoyed by MÁV. The actual capacity of each railway line shall be indicated by the infrastructure manager in the network statement. The above 20 % of the annual total capacity covers the access rights set out in Article 10(1), (2) and (3) of Directive 91/440/EEC.

2. 31992 L 0014: Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (OJ L 76, 23.3.1992, p. 21), as last amended by:

- 32001 R 0991: Commission Regulation (EC) No 991/2001 of 21.5.2001 (OJ L 138, 22.5.2001, p. 12).

By way of derogation from Article 2(2) of Directive 92/14/EEC, the conditions laid down in Article 2(1)(a) of that Directive shall not apply in Hungary until 31 December 2004 in respect of aircraft on the register of, and operated by natural or legal persons established in Azerbaijan, Kazakhstan, Moldova, the Russian Federation, Turkmenistan and Ukraine.

3. 31993 R 3118: Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (OJ L 279, 12.11.1993, p. 1), as last amended by:

- 32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1.3.2002 (OJ L 76, 19.3.2002, p. 1).

(a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and until the end of the third year following the date of accession, carriers established in Hungary shall be excluded from the operation of national road haulage services in the other Member States, and carriers established in the other Member States shall be excluded from the operation of national road haulage services in Hungary.

(b) Before the end of the third year following the date of accession, Member States shall notify the Commission whether they will prolong this period for a maximum of two years or whether they will fully apply Article 1 of the Regulation henceforth. In the absence of such notification, Article 1 of the Regulation shall apply. Only carriers established in those Member States in which Article 1 of the Regulation applies may perform national road haulage services in those other Member States in which Article 1 also applies.

(c) Those Member States in which, by virtue of paragraph (b) above, Article 1 of the Regulation applies, may resort to the procedure set out below until the end of the fifth year following the date of accession.

When a Member State referred to in the preceding subparagraph undergoes a serious disturbance of its national market or parts thereof due to or aggravated by cabotage, such as serious excess of supply over demand or a threat to the financial stability or survival of a significant number of road haulage undertakings, that Member State shall inform the Commission and the other Member States thereof and shall supply them with all relevant particulars. On the basis of this information, the Member State may request the Commission to suspend, in whole or in part, the application of Article 1 of the Regulation, in order to restore to normal the situation.

The Commission shall examine the situation on the basis of data provided by the Member State concerned and shall decide within one month of receipt of the request on the need for the adoption of safeguard measures. The procedure laid down in the second, third and fourth subparagraphs of paragraph 3, as well as paragraphs 4, 5 and 6 of Article 7 of the Regulation shall apply.

A Member State referred to in the first subparagraph above may, in urgent and exceptional cases, suspend the application of Article 1 of the Regulation, followed by a reasoned ex-post notification to the Commission.

(d) As long as the Article 1 of the Regulation is not applied by virtue of paragraphs (a) and (b) above, Member States may regulate access to their national road haulage services by progressively exchanging cabotage authorisations on the basis of bilateral agreements. This may include the possibility of full liberalisation.

(e) The effect of the application of paragraphs (a) to (c) shall not lead to more restrictive access to national road haulage services than that prevailing on the date of signature of the Treaty of Accession.

4. 31996 L 0053: Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59), as last amended by:

- 32002 L 0007: Directive 2002/7/EC of the European Parliament and of the Council of 18.2.2002 (OJ L 67, 9.3.2002, p. 47).

By way of derogation from Article 3(1) of Directive 96/53/EC, vehicles complying with the limit values of categories 3.2.1, 3.4.1, 3.4.2, 3.5.1, and 3.5.3 specified in Annex I to that Directive may only use non-upgraded parts of the Hungarian road network until 31 December 2008 if they comply with Hungarian axle-weight limits.

Hungary shall adhere to its timetable for the upgrading of its main transit network, as set out in the indicative table below. Any infrastructure investments involving the use of funds from the Community budget shall ensure that the arteries are constructed or upgraded to a load bearing capacity of 11.5 tonnes per axle. In line with the completion of the upgrading, there shall be a progressive opening of the Hungarian road network for vehicles in international traffic complying with the limit values of the Directive.

Temporary additional charges for using non-upgraded parts of the network with vehicles in international traffic complying with the limit values of the Directive shall be levied in a non-discriminatory manner. Vehicles in excess of the Hungarian axle load limits of 10 tonnes for vehicles without and 11 tonnes for vehicles with air suspension systems shall obtain a Hungarian route permit in order to ensure that certain road structures and bridges are bypassed. Hungary shall accept a deviation of 0.5 tonnes when measuring axle-weights of vehicles with air-suspension systems and will only impose temporary additional charges if the axle weight exceeds 11.5 tonnes.

No temporary additional charges shall be levied upon vehicles complying with the limit values of the Directive when using the following main transit roads:

- transit route Hegyeshalom/Nagylak (Pan-European corridor IV): namely the E60 from the Austrian border to Hegyeshalom and Budapest, E60 Budapest southern bypass, E75 from Budapest to Kiskunfélegyháza;

- transit route Rajka/Nagylak (Pan-European corridor IV): namely the E65 from the Slovakian border to Rajka and Hegyeshalom, E60 from Hegyeshalom to Budapest, E60 Budapest southern bypass, E75 from Budapest to Kiskunfélegyháza;

- transit route Tornyiszentmiklós/Nagylak (Pan-European corridors V and IV): namely from Siófok and Budapest, E60 Budapest southern bypass, E75 from Budapest to Kiskunfélegyháza;

- transit route Hegyeshalom/Röszke (Pan-European corridors IV and X): namely the E60 from the Austrian border to Hegyeshalom and Budapest, E60 Budapest southern bypass, E75 from Budapest to Kiskunfélegyháza;

- transit route Rajka/Röszke (Pan-European corridors IV and X): namely the E65 from the Slovakian border to Rajka and Hegyeshalom, E60 from Hegyeshalom to Budapest, E60 Budapest southern bypass, E75 from Budapest to Kiskunfélegyháza.

Road upgrading programme (km)

Main road network | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | Total | | 2007 | 2008 | Total (2007—2008) | Total (2001—2008) |

Reinforcement of roads indicated in the map of Annex 2 of CONF-H 37/00 (Road 2, 3, 4, 6, 8, 33, 35, 42, 44, 47, 56, 61) | | 78 | 126 | 270 | 270 | 270 | 1014 | | | | | 1014 |

Reinforcement (Road 41, 49, 51, 58) | | | | 51 | 65 | 69 | 185 | Reinforcement (Road 74, 87, 86) | 100 | 100 | 200 | 385 |

Reinforcement (other roads) | 30 | 50 | 70 | 70 | 70 | 70 | 360 | Reinforcement (other roads) | 70 | 70 | 140 | 500 |

New construction (mainly bypasses) | 29 | 49 | 45 | 27 | 35 | 61 | 246 | New construction (mainly bypasses) | 60 | 60 | 120 | 366 |

Total main road | 59 | 177 | 241 | 418 | 440 | 470 | 1805 | | 230 | 230 | 460 | 2265 |

Motorway and expressway network | | | | | | | | | | | | |

New construction (M0, M3, M5, M7, M30, M35, M43, M70) | | 65 | 24 | 20 | 237 | 85 | 431 | New construction (M6-56, M7, M8, M0) | 177 | 165 | 342 | 773 |

Total | 59 | 242 | 265 | 438 | 677 | 555 | 2236 | | 407 | 395 | 802 | 3038 |

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