COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251(2) of the EC Treaty on the common position adopted by the Council with a view to the adoption of the European Parliament and Council Regulation establishing an interim transit system applicable to heavy vehicles travelling through Austria for 2004

2001/0310 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251(2) of the EC Treaty on the common position adopted by the Council with a view to the adoption of the European Parliament and Council Regulation establishing an interim transit system applicable to heavy vehicles travelling through Austria for 2004

1. Background

(1) On 21 December 2001, the Commission submitted to the Council a proposal for a European Parliament and Council Regulation [1] establishing an ecopoints system applicable to heavy goods vehicles travelling through Austria for the year 2004.

[1] COM(2001) 807 final of 20 December 2001; OJ C 103 E, 30.4.2002, p. 230

(2) On 30 May 2002, the Economic and Social Committee issued an opinion in which it considered that the Commission's proposal was questionable and that, according to the majority of its members, it should be seen as a temporary solution for one year only. [2]

[2] OJ C 221, 17.9.2002, p. 84

(3) On 12 February 2003, the European Parliament delivered an opinion on first reading [3] on the Commission's proposal and adopted fifteen amendments. The Commission decided to accept five of these amendments, three subject to drafting amendments as appropriate (amendments 1, 11 and 12), one in principle (amendment 5) and one in part (amendment 15).

[3] PE-TC1-COD(2001)0310; OJ C .....

(4) On 28 March 2003, the Council formally adopted the common position which is the subject of this communication.

2. Aim of the Commission proposal

The purpose of this proposal is to extend the ecopoints system as an interim solution pending the adoption of the framework proposal on infrastructure charging. If the framework proposal on infrastructure charging is not adopted, the ecopoints system would be maintained for an additional year and, where appropriate, extended for two years at the most (1 + 1 + 1). The significant aspects of the Commission proposal establishing an ecopoints system applicable to heavy vehicles travelling through Austria for 2004 are as follows:

* It eliminates the 108% clause. This clause restricted the number of transit journeys to an annual limit not exceeding 108% of the number of transit journeys in 1991;

* It provides that the Regulation should apply to the entire territory of Austria;

* It advocates maintaining the number of ecopoints at a fixed level, namely that of 2003, for the 15 Member States. There is therefore no reduction in the present number of ecopoints that can be used by Community carriers.

3. Comments on the common position

3.1. Fundamental point

It should be noted that there is a significant difference of opinion between the co-legislators on the type of system proposed following the expiry of the current ecopoints system on 31 December 2003. The common viewpoints concern the duration of the system (at most three years) and the elimination of the 108% clause.

The Council has adopted, by a qualified majority, a common position which provides for the following measures:

* the exclusion of the least polluting lorries (EURO 4 class) from the future system, in exchange for a gradual reduction in the number of ecopoints (40% in 2004, from 40% maximum to 39% or even 38% minimum in 2005 and from 40% maximum to 38% or even 34.9% minimum in 2006), subject to an effective increase in traffic involving EURO 4 lorries;

* the complete prohibition, as from 2004, of transit through Austria by the most polluting lorries (EURO 0 class), but with a derogation for Greece and Portugal until 2006;

* the weighting of the reallocation of the ecopoints of the Community reserve according to additional criteria compared with those set out in Article 8 of Regulation (EC) No 3298/94 [4] which are as follows: effective utilisation of the ecopoints allocated to the Member States as well as the specific needs of carriers transiting through Austria using the Hörbranz corridor [5].

[4] Commission Regulation (EC) No 3298/94 of 21 December 1994 laying down detailed measures concerning the system of rights of transit (ecopoints) for heavy goods vehicles transiting through Austria (OJ L 341, 30.12.1994, p. 20), as last amended by Council Regulation (EC) No 2012/2000 (OJ L 241, 26.9.2000, p. 18).

[5] The Hörbranz corridor is a 17 kilometre half-road/half-tunnel section linking Lindau (Germany) with St Margrethen (Switzerland).

The Commission notes that the common position differs significantly from its initial proposal. However, it should be stressed that the text of the common position:

* will make it possible for the Community legislative process to advance, which is important since, without a new legislative act, the system of ecopoints in force will expire on 31 December 2003.

* is limited in time (three years at most) in accordance with the recommendations of the Heads of State and Government in the conclusions of the Copenhagen European Council.

* takes environmental considerations into account, since EURO 0 vehicles are virtually completely banned and very considerable incentives for the use of EURO 4 vehicles are provided for.

3.2. Amendments adopted by the European Parliament on first reading

Of the 15 amendments proposed by the European Parliament, the Commission decided to accept five, three of which subject to editing amendments as appropriate (amendments 1, 11 and 12), and one as to the principle (amendment 5) and one in part (amendment 15). These amendments are essentially terminological amendments or amendments which entail interesting considerations relating to sensitive areas. It should, however, be noted that, since the Council common position was adopted shortly after the European Parliament's first reading, the Commission was unable to present an amended proposal in due form, but. it did defend these amendments orally before the Council.

In addition, the European Parliament opinion on first reading differs considerably from the Commission proposal and the Council position, since the European Parliament proposes a system of points applicable to heavy vehicles travelling through Austria comprising the following main elements:

* The scope of application of the Regulation is limited to the Austrian Alps, and in particular the Brenner, Tauern and Pyhrrn corridors;

* The provisions of the quota system vary according to vehicle categories and are based on the 2002 ecopoints quotas:

- in 2004, setting of quotas for EURO 0, 1 and 2 lorries, free passage for EURO 3 lorries;

- in 2005 and 2006, passage prohibited for EURO 0 and 1 lorries; setting of quotas for EURO 2 lorries; free passage for EURO 3 and EURO 4 lorries.

* The scope of application of the Regulation is extended to include the EU accession candidate countries.

The only points in common between these amendments and those proposed by the other institutions are those concerning the maximum duration of the system (2006) and the elimination of the 108% clause.

The Council rejected all the amendments proposed by the European Parliament.

3.3. Other points to be taken into consideration

The text of the Council common position in its present form entails a drafting problem since the articles are not substantiated by appropriate recitals. It will therefore be necessary to pay attention to this aspect in the final version of the regulation to be adopted.

4. Conclusion

The Commission wishes to stress, as it has already done before the Council, that the text of the common position differs significantly from the European Parliament's position. Consequently, it will be necessary to make major efforts to arrive at a final agreement. In the context of the functions incumbent upon it in the co-decision procedure under the Treaty, the Commission will continue to work towards an overall agreement which complies with the fundamental principle of the free movement of goods in the single market in conformity with the objective of promoting sustainable development in the European Union. The Commission appeals to the responsibility of the Member States and the institutions to achieve a satisfactory agreement for the majority of the parties concerned at the end of the procedure.