Administrative arrangement in the form of an Exchange of Letters

between the European Community and the Swiss Confederation concerning the transitional points system applicable to heavy goods vehicles travelling through Austria

A. Letter from the European Community

Sir,

I have the honour to inform you that, following negotiations between the delegation of the Swiss Confederation and the delegation of the European Community held in the context of Article 11 of the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road(1), the following has been agreed:

1. The transitional points system is applicable to the heavy goods vehicles registered in Switzerland, with a maximum authorised weight of over 7,5 tons, using 6, 7 or 8 points, when these vehicles transit Austria, regardless of whether they are laden or not.

Heavy goods vehicles using more than 8 points are not allowed to transit Austria.

Heavy goods vehicles that require 5 points or less are exempt from this system.

2. The number of points allocated to the heavy goods vehicles registered in Switzerland and transiting Austria is:

for 2004, 140992 points;

for 2005, 133572 points;

for 2006, 126151 points.

One fifth of these points shall be distributed in the form of paper points.

3. The application modalities and procedures for the management and control of the points are identical to the ones laid down in the Convention between the Head of the Federal Department for the environment, transport, energy and communication of the Swiss Confederation and the Federal Ministry for science and transport of the Republic of Austria concerning the application of a system of ecopoints for vehicles in transit through Austria, concluded on 9 September 1999.

The Community-Switzerland Inland Transport Committee shall adopt, if necessary, further measures concerning the procedures relating to the transitional points system, the distribution of points and the technical issues concerning the application of the present Exchange of Letters.

4. This agreement shall enter into force on the day following the notification of both parties that the internal procedure leading to the conclusion of this Agreement is finished.

It shall be applied on a provisional basis from 1 January 2004.

The Agreement shall expire when Regulation (EC) No 2327/2003 of the European Parliament and of the Council of 22 December 2003 establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy(2), expires.

I should be obliged if you would confirm the agreement of your Government to the contents of this letter.

Please accept Sir, the assurance of my highest considerations.

B. Letter from the Swiss Confederation

Sir,

I refer to your preceding letter, in which you inform me of the following:

"I have the honour to inform you that, following negotiations between the delegation of the Swiss Confederation and the delegation of the European Community held in the context of Article 11 of the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road(3), the following has been agreed:

1. The transitional points system is applicable to the heavy goods vehicles registered in Switzerland, with a maximum authorised weight of over 7,5 tons, using 6, 7 or 8 points, when these vehicles transit Austria, regardless of whether they are laden or not.

Heavy goods vehicles using more than 8 points are not allowed to transit Austria.

Heavy goods vehicles that require 5 points or less are exempt from this system.

2. The number of points allocated to the heavy goods vehicles registered in Switzerland and transiting Austria is:

for 2004, 140992 points;

for 2005, 133572 points;

for 2006, 126151 points.

One fifth of these points shall be distributed in the form of paper points.

3. The application modalities and procedures for the management and control of the points are identical to the ones laid down in the Convention between the Head of the Federal Department for the environment, transport, energy and communication of the Swiss Confederation and the Federal Ministry for science and transport of the Republic of Austria concerning the application of a system of ecopoints for vehicles in transit through Austria, concluded on 9 September 1999.

The Community-Switzerland Inland Transport Committee shall adopt, if necessary, further measures concerning the procedures relating to the transitional points system, the distribution of points and the technical issues concerning the application of the present Exchange of Letters.

4. This Agreement shall enter into force on the day following the notification of both parties that the internal procedure leading to the conclusion of this Agreement is finished.

It shall be applied on a provisional basis from 1 January 2004.

The Agreement shall expire when Regulation (EC) No 2327/2003 of the European Parliament and of the Council of 22 December 2003 establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy(4), expires.

I should be obliged if you would confirm the agreement of your Government to the contents of this letter."

I have the honour to confirm that my Government is in agreement with the contents of this letter.

Please accept Sir, the assurance of my highest considerations.

(1) OJ L 114, 30.4.2002, p. 91.

(2) OJ L 345, 31.12.2003, p. 30.

(3) OJ L 114, 30.4.2002, p. 91.

(4) OJ L 345, 31.12.2003, p. 30.