Proposal for a COUNCIL DECISION on the signature and provisional application of an Agreement in the form of an exchange of letters between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Interim Agreement between the European Community and the Republic of Croatia on trade and trade related matters [1] was concluded on 28 January 2002 and entered into force on 1 March 2002. Protocol 6 on road transit traffic attached to this Agreement establishes that a system of ecopoints shall apply to transit traffic of the Republic of Croatia through Austria with effect from 1 January 2003.

[1] OJ L 330, 14.12.2001, p. 3.

2. In accordance with the provisions of Article 2(2)(b) of this Protocol, a system of ecopoints similar to that provided for by Article 11 of Protocol 9 to the Act of Accession of Austria, Finland and Sweden to the European Union will apply until 31 December 2003.

3. During its meeting on 14 and 15 December 2001 in Laeken, the European Council asked for the system of ecopoints which applies in the Community to be extended. On 20 December 2001, the Commission adopted a proposal for a Regulation of the European Parliament and of the Council establishing a system of ecopoints to be applied to heavy goods vehicles in transit through Austria for the year 2004. [2] This proposal was the subject of an agreement between the European Parliament and the Council following the conciliation procedure on 25 November 2003. This agreement will lead to the adoption of a Regulation which will enter into force on 1 January 2004.

[2] COM(2001) 807 final, 20.12.2001.

4. In accordance with the provisions of Article 11(5) of Protocol 6 to the Stabilisation and Association Agreement between the European Communities and its Member States and Croatia [3], if the European Community establishes rules aimed at reducing pollution caused by heavy goods vehicles registered in the European Union, equivalent rules must apply to heavy goods vehicles registered in Croatia, allowing them to travel in Community territory.

[3] ratification pending

5. The Community should therefore now open negotiations with Croatia in order to reach a formal agreement.

6. Given the short timescale in which the Agreement must be applied (from 1.1.2004), the Commission calls on the Council to pronounce, at the same time, on the recommendation for negotiations and the proposals for Council decisions on the signature, provisional application and conclusion of the Agreement. It therefore submits the relevant recommendation and proposals for decisions to the Council.

Proposal for a COUNCIL DECISION on the signature and provisional application of an Agreement in the form of an exchange of letters between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission, [4]

[4] OJ C [...], [...], p. [...].

Whereas:

(1) The Commission negotiated an Agreement in the form of an exchange of letters between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria.

(2) Subject to its conclusion at a later date, the Agreement initialled on ... should be signed.

(3) Arrangements should be made for the provisional application of the Agreement from 1 January 2004,

HAS DECIDED AS FOLLOWS:

Article 1

The President of the Council is authorised to designate the person(s) entitled to sign, on behalf of the European Community, the Agreement in the form of an exchange of letters between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria, subject to its conclusion at a later date.

The text of the Agreement is attached to this Decision.

Article 2

The Agreement referred to in Article 1 shall be applied on a provisional basis from 1 January 2004.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, [...]

For the Council

The President