AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION ON THE CARRIAGE OF GOODS BY ROAD AND RAIL

CONTENTS

.......... Page

Recitals .......... 30 Title I: Aims, scope and definitions .......... 30

Article 1: Aims .......... 30

Article 2: Scope .......... 30

Article 3: Definitions .......... 30

Title II: Rail transport and combined transport .......... 31

Article 4: General provisions .......... 31

Article 5: Infrastructure works and planning of measures in Switzerland .......... 31

Article 6: Infrastructure works and planning of measures in the Community .......... 31

Article 7: Support measures .......... 31

Article 8: Pricing .......... 32

Article 9: Crisis situation .......... 32

Title III: Road transport .......... 32

Article 10: Facilitation of road transport .......... 32

Article 11: Environmental protection .......... 33

Article 12: Taxation .......... 33

Article 13: Market access .......... 33

Title IV: Facilitation of border crossings .......... 33

Article 14: Simplification of formalities .......... 33

Title V: General and final provisions .......... 33

Article 15: Non-dirscrimination .......... 33

Article 16: Unilateral measures .......... 34

Article 17: Additional measures .......... 34

Article 18: Joint Committee .......... 34

Article 19: Operation of the Committee .......... 34

Article 20: Duration of the Agreement .......... 34

Article 21: Entry into force .......... 34

Article 22: Annexes .......... 34

Article 23: Languages .......... 34

Annexes

Annex 1: Declaration on the scope of Article 3 (d) .......... 37

Annex 2: Infrastructure works and measures planned in Switzerland .......... 38

Annex 3: Declaration on the scope of the undertaking given in Article 6 .......... 41

Annex 4: Infrastructure works and measures planned in the Community .......... 42

Annex 5: Declaration by the Community delegation on Article 8 of the Agreement .......... 43

Annex 6: Lists of exemptions

(i) from the ban on night and Sunday driving .......... 44

(ii) from the 28-tonne limit .......... 44

Annex 7: Joint declaration on the treatment of vehicle weights and dimensions .......... 45

Annex 8: Exchange of letters on market access .......... 46

THE COUNCIL OF THE EUROPEAN COMMUNITIES, hereinafter referred to as 'the Community`, of the one part,

THE SWISS FEDERAL COUNCIL on behalf of the SWISS CONFEDERATION, hereinafter referred to as 'Switzerland`, of the other part,

DESIROUS of promoting international cooperation and international trade through a coordinated European transport policy;

CONSIDERING the need for a lasting solution to the problems caused by trans-Alpine transit in a way that safeguards the quality of life of local residents, protects the environment and helps, by more efficient traffic management, complete the European Community's single market and the European Economic Area;

CONSIDERING the natural obstacles to the development of trans-Alpine road traffic, which account for certain points of difference between the road traffic laws of the Parties;

WHEREAS it is nevertheless deemed appropriate to provide for road transport to be facilitated;

WHEREAS in economic, environmental, social and safety terms, combined transport represents the best medium and long-term option for coping with the growing volume of international trans-Alpine goods traffic;

WHEREAS the different modes of transport must cover the costs they incur,

HAVE AGREED AS FOLLOWS:

TITLE I

AIMS, SCOPE AND DEFINITIONS

Article 1

Aims

This Agreement between the Community and Switzerland is aimed at strengthening cooperation between the Community and Switzerland in certain sectors of transport, and that of trans-Alpine transit in particular. The Parties therefore agree to take coordinated action to promote the use of rail transport, and in particular combined transport, in the interests of public health and the environment, and improve market access and facilitate road traffic by appropriate means.

Article 2

Scope

1. This Agreement shall apply:

(a) to Community transit traffic through Switzerland;

(b) to certain matters relating to bilateral traffic.

2. Cooperation shall focus particularly on transport infrastructure, the support measures necessary for the development of rail transport and combined transport, market access and the permanent exchange by the Parties of information regarding the development of their respective transport policies.

3. In the case of road haulage, the Agreement shall apply to transport operations carried out by hauliers established in one of the Parties.

Article 3

Definitions

For the purposes of this Agreement, the following definitions shall apply:

(a) 'Community transit traffic`: the carriage of goods in transit through Swiss territory en route from or to a Member State of the Community;

(b) 'Bilateral traffic`: the carriage of goods from the territory of one Party to the territory of the other;

(c) 'Combined road/rail transport` hereinafter referred to as 'combined transport`: the carriage of goods by heavy goods vehicles or loading units which complete part of their journey by rail and either begin or end the journey by road;

(d) 'Carriage of goods`: journeys undertaken by goods vehicles, whether laden or unladen;

(e) 'Heavy goods vehicles`: lorries and tractor units, trailers and semi-trailers;

(f) 'Loading units`: containers and swap bodies.

TITLE II

RAIL TRANSPORT AND COMBINED TRANSPORT

Article 4

General provisions

1. The Parties hereby agree to adopt and coordinate, within the limits of their respective competences, the measures needed for the development and promotion of rail transport and combined transport, which are vital for the solution of the problems caused in particular, by the carriage of goods on the north-south axis through the Swiss Alps. The construction of the necessary infrastructure and the scheduling of such works, the development and operation of services and the implementation of support measures shall be coordinated and done in parallel. The Parties shall do this by bringing about the best possible return on the expenditure involved.

2. These measures shall be consistent with the provisions of the trilateral agreement on the improvement of trans-Alpine combined road/rail goods transport, signed on 3 December 1991 by the Minister of Transport of the Federal Republic of Germany, the Head of the Federal Department of Transport, Communications and Energy of the Swiss Confederation and the Minister of Transport of the Italian Republic.

Article 5

Infrastructure works and planning of measures in Switzerland

Details of the measures planned are given in Annex 2. They are based on the following principles:

(a) In the short and medium term:

Switzerland shall progressively increase the combined transport capacity of the Gotthard and Lötschberg trans-Alpine routes from 330 000 consignments in 1991 to 710 000 consignments in 1994 (*).

Switzerland shall, by the end of 1994 (*), improve the Lötschberg-Simplon transit route so as to make possible the conveyance by train of lorries with a corner height of 4 metres. These improvements shall (*) or 1995, depending on the progress of works.

be carried out in parallel with the corresponding work to be undertaken on Community territory as provided for in Article 6.

In parallel with this work, Switzerland shall improve the rail links with the transit routes so as to speed up the flow of traffic and further increase capacity.

(b) In the long term:

Switzerland shall undertake further improvements to trans-Alpine transit routes, including:

- a railway line between Arth-Goldau and Lugano, including a Gotthard base tunnel (length about 50 km, work expected to take 12 to 15 years),

- a base railway line between the Frutigen region and the Rhône valley, including a Lötschberg base tunnel (length about 30 km, work expected to take 7 to 10 years).

Article 6

Infrastructure works and planning of measures in the Community

In accordance with the declaration in Annex 3 and with the intentions of the Member States, the following measures shall be taken in the Community:

- new terminals are to be created and existing terminals improved, in particular in Germany, northern Italy and the Rotterdam area,

- the clearance height of railway lines in northern Italy is to be increased so as to allow the unhindered passage of combined transport traffic, whether or not accompanied. In particular, the tunnels on the Iselle-Domodossola line are to be enlarged before the end of 1994 (*) so as to make possible the conveyance by train of lorries with a corner height of four metres,

- the capacity of certain sections of railway line in Germany, in particular between Mannheim and Basle, and in northern Italy is to be increased.

Details of these plans are given in Annex 4.

Article 7

Support measures

1. In order to promote rail transport and combined transport, the Parties shall give priority to the following objectives and take concerted action to implement the relevant measures:

(*) or 1995, depending on the progress of works.

1.1. to encourage users and consignors to use combined transport, in particular by making it competitive with road transport;

1.2. to encourage the use of combined transport from start to finish and over long distances and to promote the use of swap bodies, containers and modern unaccompanied transport technologies in general;

1.3. to harmonize the weights, dimensions and technical characteristics of combined transport equipment, in particular to ensure the requisite compatibility with clearance height;

1.4. to facilitate access to the nearest suitably equipped terminals, in particular by the reciprocal waiving of authorization requirements for traffic to and from combined transport terminals without prejudice to Article 10 and Annex 6 to this Agreement;

1.5. to draw up liability rules for combined transport services comparable to those already applicable to other modes of transport;

1.6. to prevent discrimination between transport operators on the grounds of nationality, in particular in the organization and marketing of combined transport.

2. The Parties shall, in a concrete manner within the limits of their competences, prevail on the railway companies to:

2.1. assemble complete trains;

2.2. improve the reliability of deliveries and reduce delivery times in the combined transport sector, in particular by:

2.2.1. reducing waiting time, particularly at frontiers;

2.2.2. increasing the frequency of services;

2.2.3. improving productivity;

2.2.4. reducing administrative formalities;

2.3. take the necessary coordinated measures to order and put into service such new equipment as is required by the level of traffic;

2.4. endeavour to provide additional services (e.g. packaging, repairs, cold storage, etc.) within the terminals;

2.5. offer guaranteed conveyance times;

2.6. provide new rail links where this is justified on economic grounds.

Article 8

Pricing

1. Rail transport pricing shall remain the prerogative of the competent authorities or bodies in each Party. They shall ensure that the price conditions for combined transport are competitive with those for transport by road.

2. The Parties shall ensure that the market impact of the aid granted by one Party is not reduced by measures taken by the other or a competent body established on its territory.

3. In order to promote trans-Alpine combined transport, the Parties may authorize aid relating to infrastructure and fixed or mobile transhipment plant, aid for rolling stock specifically used for combined transport and aid for operating costs not covered.

Article 9

Crisis situation

In the event of a serious disturbance in rail transit traffic due for instance to a natural disaster, the competent authorities of each Party shall take all possible concerted action to maintain the flow of the traffic concerned within their respective jurisdictions. Priority shall be given to sensitive loads, such as perishable foods.

TITLE III

ROAD TRANSPORT

A. TECHNICAL AND TAX ASPECTS

Article 10

Facilitation of road transport

1. The Parties, while respecting the 28-tonne limit on the permissible total laden weight transported and the ban on night and Sunday driving in Switzerland, and subject to the exemptions referred to in Annex 6, shall endeavour to facilitate the transport of goods by road.

2. To that end, the Swiss authorities shall take the following steps, leading on from the abolition by the Federal Council of the excess weight charge for frontier areas levied from 6 February 1990:

- completion and improvement of the national road network,

- raising of the vehicle weight tolerance from 2 to 5 %,

- widening of Ticino's frontier area with regard to motorway access,

- abolition of certain restrictions on the transportation of animals by road,

- raising of the length limit for articulated vehicles from 16 to 16,5 metres,

- raising of the length limit for road trains from 18 to 18,35 metres,

- raising of the total weight limit for three-axle vehicles with only one driven axle from 19 to 22 tonnes,

- raising of the maximum width for road vehicles from 2,30 to 2,50 metres and for refrigerator vehicles to 2,60 metres.

3. Without prejudice to paragraphs 1 and 2 of this Article and the provisions of the Agreement on the European Economic Area, should the latter enter into force between the Community and Switzerland, Switzerland shall admit road vehicles registered in the Community Member States and conforming to the dimensions and driven axle weights stipulated in the Community legislation as it stands at the time of this Agreement's entry into force (¹).

Article 11

Environmental protection

1. In order to better protect the environment, the Parties intend in particular to introduce stringent standards to reduce gas, particulate and noise emissions from heavy goods vehicles.

2. While developing these emissions standards, the Parties shall consult each other regularly and frequently.

3. With regard to emissions standards, goods vehicles registered in one Party shall be allowed to operate in the territories of both Parties, subject to the provisions of Annex 6 (II)(3).

Article 12

Taxation

1. The Parties shall seek to phase in forms of road taxation which are as far as possible coordinated. They shall be aimed, in a first stage, at making vehicles pay for transport infrastructure and, in a second stage, also at making them pay external costs, particularly environmental costs.

(¹) See also Annex 7 with regard to the treatment of weights and dimensions.

2. While developing their respective approaches to this, the Parties shall consult each other regularly. They shall as far as possible take account of the principle of territoriality, and shall consider the specific costs to the Alpine regions.

3. The Parties shall, if appropriate, enter into negotiations to reach an agreement regarding road taxation. The main aim of such an agreement, within the framework of the objective referred to in paragraph 1 above, shall be to ensure the free flow of cross-border traffic, reduce the differences between the road taxation systems applied by the two Parties and eliminate distortions of competition within a single mode of transport and between modes of transport arising from such differences.

B. MARKET ACCESS

Article 13

Market access

The two Parties declare their intention to grant each other access to the transport market under the Agreement on the European Economic Area or, if necessary, on terms to be set out in a bilateral agreement (²).

TITLE IV

FACILITATION OF BORDER CROSSINGS AND SIMPLIFICATION OF FORMALITIES

Article 14

1. The Parties shall endeavour to simplify the formalities, particularly customs formalities, imposed during transport.

2. These measures shall be taken in keeping with the Agreement between the European Community and Switzerland on the facilitation of border crossing, which entered into force on 1 July 1991.

TITLE V

GENERAL AND FINAL PROVISIONS

Article 15

Non-discrimination

The Parties shall not take discriminatory measures in the fields covered by this Agreement or with regard to traffic through Community Member States.

(²) See Annex 8.

Article 16

Unilateral measures

The Parties shall refrain from taking unilateral measures which discriminate against transit traffic authorized pursuant to this Agreement.

Article 17

Additional measures

Where one of the Parties finds, in its experience of the application of this Agreement, that other measures falling within its scope would serve the interests of a coordinated European transport policy, and in particular, help to resolve the problem of trans-Alpine transit, it shall make appropriate proposals to the other.

Article 18

Joint Committee

1. A Joint Committee is hereby established. It shall be known as the 'Community/Switzerland Inland Transport Committee`, and shall:

- ensure proper implementation of this Agreement,

- ensure proper coordination of the development and establishment of combined transport infrastructure, services and support measures,

- conduct regular exchanges of information on general policy issues relating to the land transport of goods and assess progress in the implementation of the Agreement,

- conduct a three-yearly review of the Agreement in the light of the progress made in its implementation and developments, particularly in the following fields:

- the impact of road traffic on the environment and quality of life,

- the charging of infrastructure and external costs,

- the capacities of combined transport and the road network.

The Joint Committee shall also, where appropriate, make suitable suggestions to the Parties.

2. Any dispute between the Parties concerning the interpretation or application of this Agreement shall be referred to the Joint Committee, which shall endeavour to find a mutually acceptable solution.

3. The Joint Committee shall be made up of representatives of the Community and representatives of Switzerland.

4. The Joint Committee shall establish its own rules of procedure.

Article 19

Operation of the Committee

1. Meetings of the Joint Committee shall be chaired in turn by each of the Parties in accordance with arrangements to be established by its rules of procedure.

2. The chairman shall convene meetings of the Joint Committee at least once a year in order to review the general functioning of the Agreement.

The Joint Committee shall also meet whenever special circumstances so require, at the request of either Party, in accordance with conditions to be laid down in its rules of procedure.

3. The Joint Committee may decide to appoint working parties with a view to obtaining their assistance in fulfilling its functions.

Article 20

Duration of the Agreement

This Agreement shall be concluded for 12 years.

Article 21

Entry into force

This Agreement shall be subject to ratification or approval in accordance with the Parties' own procedures. It shall enter into force once the Parties have notified each other that the necessary legal procedures have been completed.

Article 22

Annexes

Annexes 1 to 8 shall form an integral part of this Agreement.

Article 23

Languages

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

Hecho en Oporto, el dos de mayo de mil novecientos noventa y dos.

Udfærdiget i Porto, den anden maj nitten hundrede og tooghalvfems.

Geschehen zu Porto am zweiten Mai neunzehnhundertzweiundneunzig.

¸ãéíå óôï Ðüñôï, óôéò äýï ÌáÀïõ ÷ßëéá åííéáêüóéá åíåíÞíôá äýï.

Done at Oporto on the second day of May in the year one thousand nine hundred and ninety-two.

Fait à Porto, le deux mai mil neuf cent quatre-vingt-douze.

Fatto a Porto, addì due maggio millenovecentonovantadue.

Gedaan te Oporto, de tweede mei negentienhonderd tweeënnegentig.

Feito no Porto, em dois de Maio de mil novecentos e noventa e dois.

Por el Consejo de las Comunidades Europeas

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Ãéá ôï Óõìâïýëéï ôùí Åõñùðáúêþí ÊïéíïôÞôùí

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità Europee

Voor de Raad van de Europese Gemeenschappen

Pelo Conselho das Comunidades Europeias

Für die Regierung der Schweizerischen Eidgenossenschaft

Por el Gobierno de la Confederación Suiza

For regeringen for Schweiz

Ãéá ôçí êõâÝñíçóç ôçò ÅëâåôéêÞò Óõíïìïóðïíäßáò

For the Government of the Swiss Confederation

Pour le gouvernement de la Confédération suisse

Per il governo della Confederazione svizzera

Voor de Regering van de Zwitserse Bondsstaat

Pelo Governo da Confederação Suíça

ANNEX 1

DECLARATION BY THE SWISS DELEGATION ON THE SCOPE OF ARTICLE 3 (d)

The Swiss Confederation confirms, subject to the reservation that such action be reciprocal, that the movement of empty Community vehicles on its territory shall be subject to no restrictions other than those arising from the general ban on night and Sunday driving and the 28-tonne limit.

ANNEX 2

INFRASTRUCTURE WORKS AND MEASURES PLANNED IN SWITZERLAND

A. GENERAL

Swiss policy on goods transit rests on the following two pillars:

- Road

The completed road network for north-south traffic, and traffic rules laid down in harmony with the International Convention of 8 November 1968 on road traffic.

- Rail

Short, medium and long-term development of railway infrastructure, in particular so as to develop combined road/rail traffic.

For environmental reasons and because of the limited capacity of the road network, the expected considerable growth in transit tonnage can no longer be borne by the road network. Only a massive increase in railway capacity and services will be able to cope with the expected doubling of the volume of goods traffic between the north and south of Europe by the year 2020 or 2030.

B. PROGRAMME OF WORK

The parties shall agree on the measures to be taken, as follows:

1. Short term progression

Increasing capacity yields the following progressive increase in supply:

Number of consignments (000) via Gotthard and Lötschberg/Simplon

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(*) Or 1995, depending on the progress of works.

This capacity will only be available in 1994 (*) if the decisions on starting the necessary work can be taken during the first half of 1991.

2. Basic action to be taken by 1994 (*)

Increased capacity requires the creation of a 'piggy-back` transport corridor consisting of two routes - one via the St Gotthard and the other via Lötschberg-Simplon. The aim is to treble the present capacity for combined transport (excluding containers) via the St Gotthard and to improve (where appropriate) the Lötschberg-Simplon route, thus enabling three times as many goods to be carried as in 1988.

2.1. Between now and 1994 (*) the transitional arrangements planned by the Swiss government will enable 470 000 consignments or 10 million tonnes of goods to be sent via Switzerland - 710 000 consignments or 14 million tonnes if container transport is included.

2.2. In operational terms, these arrangements involve:

St Gotthard

- Putting into service 44 long trains, accounting for 370 000 consignments per year.

- These supply figures are based on mixed traffic consisting of the unaccompanied and 'truck on train` traffic. They assume that capacity is fully utilized for 250 working days per year.

- The 'truck on train` system can carry lorries with a corner height of 3,80 metres. In the case of unaccompanied traffic, semi-trailers can be as much as 4 metres high.

Lötschberg/Simplon

- Putting into service 14 'truck on train` trains, with a total capacity of 100 000 consignments per year. This assumes that capacity is fully utilized for 250 working days per year.

- This rail corridor will provide 'truck on train` transport for lorries or road trains having a maximum corner height of 4 m.

- The Swiss authorities note that the Italian authorities have undertaken to improve the 'truck on train` infrastructure between Iselle and the Italian border by providing, in particular, sufficient clearance height for lorries or road trains having a corner height of 4 m.

2.3. Combined transport plans thus involve terminals located outside Switzerland at places of strategic importance for transport (Rhine/Ruhr, Rhine/Main, Stuttgart, Bologna, Milan-Novara, Turin, Genoa, Florence and Rome).

In this connection, the border crossing points for traffic entering and leaving Switzerland are:

- to the north: Basle, Schaffhausen and Rielasingen,

- to the south: Domodollola, Luino and Chiasso.

3. Foreseeable trends beyond 1994 (*)

Once the Swiss 'RAIL 2000` project is completed and provided that the potential of the Lötschberg twin-track line is fully exploited, additional capacity (up to 700 000 consignments per year) will become available after 1994 (*). This increase in capacity contributes to the supply figures referred to above and can be adapted to the actual rate of growth of the combined transport market.

C. NEW RAILWAY LINE THROUGH THE SWISS ALPS

1. Projects

Switzerland undertakes to achieve the following improvements:

- construct a new line between Arth-Goldau and Lugano, with a base tunnel at St Gotthard (about 50 km in length) and another under Monte Ceneri (13 km),

- bore a base tunnel under the Lötschberg (around 30 km).

These two routes together form the backbone of the modernized Swiss railway network. The work will take 7 to 10 years at the Lötschberg and 12 to 15 years at St Gotthard. The first sections of the new transit network will be open to traffic by the year 2005.

2. Capacity

Present north-south railway lines can carry 25 to 30 million tonnes (railway wagons and combined transport), with a transit time of just over five hours. The new infrastructure will increase this capacity to 67 million tonnes and reduce the journey time to just over three hours. It will also be able to carry heavier and longer trains.

In the case of combined transport, the planned improvements will (depending on market conditions) enable 260 trains to be put into service carrying 43 million tonnes.

(*) or 1995, depending on the progress of works.

ANNEX 3

DECLARATION BY THE COMMUNITY DELEGATION ON THE SCOPE OF THE UNDERTAKING GIVEN IN ARTICLE 6

1. Infrastructure operations in the Community shall be carried out on condition that the Member States concerned undertake to support the work to be done on their territory.

2. Article 6 shall be applied as follows:

- within the Committee on Transport Infrastructures, the Commission shall submit and examine with the Member States concerned the measures to be taken (see Council Decision 78/174/EEC, OJ No L 54, 25. 2. 1978, p. 16),

- the Community as such, given its interest in solving the problem of trans-Alpine transit through Switzerland, shall support the implementation of those measures by deploying the resources available to it, notably in the context of the common policy on support for transport infrastructure (see Council Regulation (EEC) No 3359/90, OJ N° L 326, 24. 11. 1990, p. 1).

ANNEX 4

INFRASTRUCTURE OPERATIONS AND MEASURES PLANNED IN THE COMMUNITY

A. GENERAL

1. In general, as regards both conventional rail transport and combined transport, the parties have agreed to carry out the infrastructure improvements necessary to remove bottlenecks on Community railway lines which provide access to the Swiss network. Such improvements should take place under coordinated policies on transit infrastructure and operations ensuring the long-term viability, the consistency and long-distance continuity of combined traffic routes.

2. In this perspective, with a view to enabling the railways to cope with the expected sharp rise in demand and taking account of the work already carried out in a number of areas by the Community Member States directly concerned, the Community must, in consultation with Switzerland, take coordinated steps to:

- establish priorities and draw up a timetable for investment in infrastructure, terminals, the purchase of rolling stock, the introduction of services, etc.,

- draw up joint, supervised infrastructure plans in accordance with the order of priorities established,

- take the necessary financial measures.

B. WORK PROGRAMME

3. Certain infrastructure projects within the Community have already been recognized as necessary by the countries concerned and must be carried out according to a timetable agreed between the two Parties. Such work would include that mentioned in 4 and 5.

4. With regard to the improvement of existing terminals and the creation of new terminals, the Community considers it particularly essential to take action:

(a) in Germany:

In the following regions:

- Hamburg-Lübeck,

- the Ruhr,

- Mannheim/Frankfurt,

where the capacity of the existing terminals appears inadequate.

The combined transport facilities at Rielasingen/Singen and Freiburg-im-Breisgau must also be improved.

(b) in Italy:

Facilities must be improved in the industrial areas, especially around Milan, Bologna and Turin. The following terminals will have to be created or improved:

- Milan Rogoredo and Milan Segrate (unaccompanied traffic),

- Milan Greco Pirelli (improvements to the capacity and quality of the facilities),

- a terminal in the Turin area and terminals further south, in the Bologna, Florence and Rome areas,

- Busto Arzisio, the main terminal in the Milan area for accompanied and unaccompanied traffic from Switzerland: facilities to be extended,

- inauguration of Milano Segrate in 1992: in the near future, the multimodal centre serving Bologna Interporto station and the Turin Orbassano multimodal centre (work currently in progress) are also to be brought into service,

- Novara and Vercelli ('truck on train`) unloading and reloading centres: capacity to be increased,

- in the short term, steps must be taken to encourage the creation of small, local terminals in border areas (e.g. Novara), so as to ease the burden on the major unloading/reloading centres.

(c) in the Netherlands:

Construction of a rail service centre in Rotterdam.

5. The following work is required in connection with clearance heights and capacities of railway lines:

(a) in Germany:

- the capacity of certain sections of line between Mannheim and Basle (Karlsruhe-Basle) to be increased;

(b) in Italy:

- clearance height B (3,80 m) to be introduced on the Chiasso-Milan line and clearance height B+ (4 m) on the Domodossola-Turin line.

ANNEX 5

DECLARATION BY THE COMMUNITY DELEGATION CONCERNING ARTICLE 8 OF THE AGREEMENT

The Community delegation declares that aid from the Member States of the Community is subject to the provisions of the Treaty establishing the European Economic Community, and in particular Articles 77, 92 and 93 thereof.

ANNEX 6

EXEMPTIONS FROM THE BAN ON NIGHT AND SUNDAY DRIVING AND FROM THE 28-TONNE LIMIT

The exemptions listed below are in accordance with the Federal Law on road traffic of 19 December 1958.

I. Exemption from the ban on night and Sunday driving

The following exemptions from the ban on night and Sunday driving are planned:

(a) Without special permission

- journeys made to provide emergency assistance in disasters,

- journeys made to provide emergency assistance in cases of accidents, notably public transport and air traffic.

(b) With special permission

For transport of goods which, because of their nature, justify night-time haulage and, for genuine reasons, haulage on Sundays:

- highly perishable agricultural products (berries, certain fruit and vegetables, flowers or freshly squeezed fruit juices, for example) from 1 April to 31 October,

- pigs and chickens for slaughter,

- fresh milk and highly perishable milk products,

- circus equipment, musical instruments belonging to an orchestra, theatre props, etc.,

- dailies including an editorial component and postal consignments transported under a legal service requirement.

In the interests of easing approval procedures, authorizations valid for up to twelve months for any number of journeys may be issued, provided all the journeys are of the same nature.

II. Exemptions from the 28-tonne limit

1. For journeys originating abroad and finishing in the area of the Swiss frontier (*) (and vice versa), exceptions are permitted without charge for any goods up to a total 40 tonnes and for 40-foot ISO containers in combined transport up to a total of 44 tonnes. For reasons of road design, certain customs posts apply lower limits.

2. For journeys originating abroad and finishing beyond the Swiss frontier area (*) (and vice versa), and for transit through Switzerland, a total weight of over 28 tonnes may be authorized:

(a) for the transport of goods which are indivisible, in cases in which the stipulations cannot be obeyed despite the use of a suitable vehicle;

(b) for transfers or for the use of special vehicles, notably working vehicles which, owing to the purpose for which they are used, are not compatible with the provisions regarding weight;

(c) for the transport in an emergency of damaged or broken-down vehicles;

(d) for the transport of supplies for aircraft catering;

(e) haulage by road during the initial and final stages of combined transport, usually within a 10 km radius of the terminal.

3. For transit through Switzerland on the Basle-Chiasso route, road vehicles registered in the Community may be permitted a weight of over 28 tonnes if transporting perishable foodstuffs or other urgent consignments (e.g. just-in-time delivery) and if their dimensions conform to those (*) Switzerland's frontier area is defined in the instructions of the Federal Police and Justice Department. It is generally an area within a ten-kilometre radius of a customs post.

stipulated in Article 10 of this Agreement, provided combined transport capacity is saturated. The number of permits allowing vehicles exceeding 28 tonnes to use Swiss roads will not in principle be greater than 50 per day in each direction. The annual maximum is 15 000 permits for each direction.

Only road vehicles meeting the latest Community anti-pollution standards (gaseous and particulate emissions) will be eligible for such permits. Vehicles first registered no more than two years before the date of application for an exemption shall also be considered eligible.

4. These exemptions will be granted on a case-by-case basis, using a procedure which is as simple as possible. The rules for implementation of the exemptions Switzerland grants (listed in paragraph 3) will be laid down in an administrative arrangement dealing with the following in particular:

- the establishment of an administration centre in Berne to run the system. The centre will be linked with a contact entity in the Community,

- the method for determining the point at which combined transport should be considered saturated,

- the means of communication which should be established between the users, the terminals and the administration centre.

ANNEX 7

JOINT DECLARATION BY THE PARTIES ON THE TREATMENT OF WEIGHTS AND DIMENSIONS

With regard to weights and dimensions, the Parties undertake to maintain the status quo based on the principle of national treatment without prejudice to the exemptions made in Annex 6 and Article 10 (3).

ANNEX 8

EXCHANGE OF LETTERS ON MARKET ACCESS

Letter from the Swiss delegation

Berne, . . . . . .

To the Director-General

Dear Sir,

With regard to the Agreement between the European Economic Community and the Swiss Confederation signed today, I have the honour to confirm that Switzerland considers the issue of market access to be an essential element in its relation with the Community in the field of transport. I have taken note of your proposal that the matter be dealt with in the Agreement on the European Economic Area. My delegation is in agreement with this proposal, provided that, in the event of the said Agreement not coming into being, the Community and Switzerland immediately begin negotiations with a view to granting reciprocal access to transport markets in accordance with arrangements to be determined.

I should be grateful if you would kindly confirm that you are in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

Letter from the Community delegation

Brussels, . . . . . .

Your Excellency,

With regard to the Agreement signed today between the Community and Switzerland on the carriage of goods by road and rail, I have the honour to acknowledge receipt from you of the following letter concerning market access:

'With regard to the Agreement between the European Economic Community and the Swiss Confederation signed today, I have the honour to confirm that Switzerland considers the issue of market access to be an essential element in its relation with the Community in the field of transport. I have taken note of your proposal that the matter be dealt with in the Agreement on the European Economic Area. My delegation is in agreement with this proposal, provided that, in the event of the said Agreement not coming into being, the Community and Switzerland immediately begin negotiations with a view to granting reciprocal access to transport markets in accordance with arrangements to be determined.

I should be grateful if you would kindly confirm that you are in agreement with the contents of this letter.`

I have the honour to confirm my agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.