ADMINISTRATIVE ARRANGEMENT setting the date of entry into force and the procedures for the introduction of the Eco-point system referred to in the Agreement between the European Community and the Republic of Austria on the transit of goods by road and rail

In accordance with Article 24 (4) of the Agreement between the European Community and the Republic of Austria on the transit of goods by road and rail (hereinafter referred to as 'the Transit Agreement`), the competent authorities, namely

FOR THE COMMUNITY:

the Commission of the European Communities, and

iFOR AUSTRIA:

the Federal Minister for Public Economy and Transport,

Having regard to the date of entry into force and the procedures relating to the Eco-point system referred to in the Transit Agreement,

Have agreed as follows:

Article 1

The Eco-point system shall enter into force on 1 January 1993.

Article 2

1. The total number of transit journeys (whether for hire or reward, on own account or unladen) made in 1991 by heavy goods vehicles registered in the European Community (Article 15 (4) (2) of the Transit Agreement) is estimated at 1 264 000.

2. The total number of transit journeys (whether for hire or reward, on own account or unladen) made in 1991 by heavy goods vehicles registered in the Republic of Austria (Article 15 (8) of the Transit Agreement) is estimated at 211 100.

Article 3

1. The driver of a heavy goods vehicle on a transit journey shall carry, and produce at the request of the supervisory authorities, a duly-completed standard form or an Austrian certificate confirming payment for the Eco points for the journey in question, modelled on Annex A and known as the 'Eco card`.

The competent Austrian authorities shall issue the form shown in Annex A to this Arrangement against payment of the cost of producing and distributing the form and the Eco points.

2. The driver of a heavy goods vehicle registered after 1 October 1990 shall also carry, and produce upon request, a standard COP document, modelled on Annex B, as evidence of the NOx emissions of that vehicle. Heavy goods vehicles first registered before 1 October 1990 or in respect of which no document is produced shall be assumed to have a COP value of 15,8 g/kWh.

The Parties shall notify each other in writing of the national authorities authorized to issue the above documents.

3. Transit journeys made in the circumstances listed in Annex C or under ECMT authorizations shall be exempt from the Eco-points scheme.

Article 4

1. The requisite number of Eco points shall be affixed to the form referred to in Article 3 (1) and cancelled. The Eco points shall be cancelled by signing in such a way that the signature extends over both the Eco points and the form to which they have been affixed. A rubber stamp may be used instead of a signature.

2. On a vehicle's entry into Austrian territory a duly-completed form bearing the requisite number of Eco points shall be handed to the supervisory authorities, who will hand back a copy with the proof of payment.

In the case of an Austrian-registered heavy goods vehicle, the proof of payment and the COP document shall be presented together to the supervisory authorities of the Member State on entering or leaving Italy or Germany. A copy of the proof of payment shall be presented to the customs authorities on entry.

Special Eco points shall be used for Austrian-registered heavy goods vehicles engaged in transit journeys to or from Italy or journeys which continue in Germany after transit through Austria. Their use shall be recorded on the proof of payment. The number of Eco points allocated to Austrian heavy goods vehicles for such journeys shall be set annually by the Transit Committee set up under Article 21 of the Transit Agreement.

3. Where a traction unit is switched during a transit journey, the proof of payment issued on entry shall remain valid and be retained. Where the COP value of the new traction unit exceeds that indicated on the form, additional Eco points, affixed to a new card, shall be purchased on leaving the country.

4. For journeys requiring Eco points, the form specified in Article 3 (1) shall replace all Austrian forms hitherto used for transport statistics.

5. The Community and Austrian authorities shall regularly notify each other of the number of points used. The originals, or copies, of forms bearing cancelled Eco points shall, where necessary, be made available to individual national authorities.

Article 5

1. The Parties shall ensure, in accordance with Article 16 of the Transit Agreement, that the Austrian proof of payment for Eco points for Italy or Germany is recognized as replacing the authorizations previously used in Austria and the Member States Germany and Italy. In Italy such proof of payment shall replace a bilateral half-ticket for a single journey and in Germany 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 3 (1), bearing the requisite number of Eco points for Italy, shall replace the authorization provided for.

2. Journeys which involve crossing the Austrian frontier once by train, whether by conventional rail transport or in a combined transport operation, and crossing the frontier by road immediately before or after crossing by rail, shall be regarded not as transit journeys within the meaning of the Transit Agreement, but as bilateral journeys.

Article 6

1. The Eco points determined under the provisions of Article 15 (5) (1) of the Transit Agreement shall be overprinted with the year for which they are valid. They may be used between 1 January of the year for which they are valid and 31 January of the following year.

2. The Parties shall issue to each other, in two equal instalments, the number of Eco points to which they are entitled. The first instalment shall be delivered three months prior to, and the second two months after, the beginning of each calendar year.

In the circumstances provided for in Article 15 (5) (2) of the Transit Agreement, the second instalment shall be reduced by the number of Eco points calculated using the method laid down in Annex IX (4) to the Transit Agreement.

Article 7

A Transit Committee working party, made up of representatives of both Parties, shall supervise the implementation and monitoring of the Eco-point system and of the measures taken to prevent infringements. The working party shall have access to all relevant documents and meet at the request of either Party.

Article 8

1. Infringements of the Transit Agreement or this Administrative Arrangement by a driver of a heavy goods vehicle or an undertaking shall be prosecuted in accordance with the national legislation in force. Repeated infringements may lead to the driver or the undertaking concerned being temporarily banned from international transport activities.

2. The competent authorities of Austria, the Community and the Member States shall, each within the limits of their jurisdiction, provide each other with administrative assistance in investigating and prosecuting infringements of the Transit Agreement or this Administrative Arrangement, notably in ensuring that the documents specified in Article 3 are correctly used and handled.

3. Where the Eco cards referred to in Article 3 are not presented to the supervisory authorities in accordance with the provisions of this Arrangement, where such a form is incomplete or obviously incorrect, or where the Eco points are not correctly affixed, the supervisory authorities may, with due regard for the principle of proportionality as defined by the relevant national legislation, refuse permission for the journey to be continued.

For the rest, the Transit Committee shall be responsible for the implementation and correct application of the Transit Agreement.

Article 9

The Parties reserve the right, six months after the entry into force of the Eco-points system, to carry out a joint review of the arrangements for its implementation with a view to making any necessary amendements by common accord.

Article 10

This Administrative Arrangement shall enter into force on the same day as the Transit Agreement.

Article 11

This Arrangement shall be drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each text being equally authentic.

Done at Vienna, 23 December 1992.

For the Federal Minister for Public Economy and Transport of the Republic of Austria For the Commission of the European Communities

G. HANREICH J. ERDMENGER

ANEXO A - BILAG A - ANHANG A - ÐÁÑÁÑÔÇÌÁ Á - ANNEX A - ANNEXE A - ALLEGATO A - BIJLAGE A - ANEXO A

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ANEXO B - BILAG B - ANHANG B - ÐÁÑÁÑÔÇÌÁ Â - ANNEX B - ANNEXE B - ALLEGATO B - BIJLAGE B - ANEXO B

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ANNEX C

JOURNEYS FOR WHICH NO ECO POINTS 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, sporting or circus events, exhibitions or fairs, or to and from 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 replacement vehicle using the 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.

17. Journeys made by vehicles with an overall weight of less than 7,5 tonnes.