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COM (85) 330 
 
 
 
Vol. 1985/0 134 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION  
OF THE
EUROPEAN COMMUNITIES
General SecretariatC O M (85) 330 final 
Brussels, 20 June 1985 
FOR OFFICIAL USE ONLY
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
on the negotiations with Austria 
in the transport sector
C 0 M (8 5 ) 330 final

-  1 -
Negotiations with Austria in the transport sector  
(Communication from the Commission to the Council)
1. On 23 May 1985 the Council adopted a Decision amending  
the Council Decision of 16 December 1981 on the opening  
of negotiations between the European Economic Community  
and the Republic of Austria in the transport sector. The  
new negotiating directives issued by the Council state in  
particular that "the Community is prepared to consider,  
in the context of its medium-term programme for transport  
infrastructure, contributions towards facilitating  
transit traffic passing through Austria, and to examine  
what type of cooperation the Community could propose to  
the Republic of Austria, provided that the Community  
achieves satisfactory results" on a number of points.
They also specify that the solutions emerging "will be  
inserted in a general Cooperation Agreement relating to  
the transport sector between the Community and Austria"  
and that "during the negotiations no deterioration in the  
current situation can be tolerated".
2. On 6 June 1985 Mr. Clinton Davis went to Vienna for  
exploratory talks based on this Council decision with  
Mr. Lacina, Austrian Minister for Transport and Economic  
Affairs. The summary record of the conclusions of the  
talks will be sent to the Council after approval by both  
sides. At the start of the talks Mr. Lacina submitted a  
memorandum setting out the changes in Austria's position  
(see Annex I). The memorandum recalls that these changes  
are justified by, among other reasons, the nuisance and  
environmental pollution caused by long distance freight  
traf f ic.
3. Austria's position on the prospects of opening
negotiations, as stated by Mr. Lacina, can be summed up  
as follows :

-  2 -
- Austria does not agree to negotiate on the basis of the -  
negotiating directives adopted by the Council on
23 May 1985;
- Austria will reiterate its original request should the  
Community seek to negotiate tax arrangements on  
transport and transport capacities;
- Austria is prepared to discuss the general development 
of combined road/rail services and cooperation between  
the railways.
- Austria does not accept the standstill clause as a pre­
condition for these discussions. Austria might,  
however, be prepared to consider with the Community the  
possibility, in discussions of a fixed duration, of a  
standstill on Community transit traffic at existing  
levels.
4. In response to this position on the part of the Austrian  
authorities, bearing in mind that the Council was unable  
to adopt the Commission's proposal for a financial com­
mitment to an infrastructure project in Austria to enable  
traffic to transit that country economically, the Com­
munity can adopt one of the following stances.
a) It can do nothing. The Commission considers this  
option to be unacceptable because it would risk  
putting the Community in a position which would be  
contrary to the spirit of cooperation between the  
Community and Austria. This option could lead  
to further restrictive measures for Community transit  
through Austria to which in turn the Community would  
have to react.

b) It can insist stricly on the letter of the 23 May  
negotiating directives,' which is unrealistic given  
Austria's position.
c) It can interpret its 23 May negotiating directives as  
being an agreement to discussions aimed at the closest  
possible cooperation with Austria in combined  
transport and at cooperation between the railways.  
These would at the same time have to include the  
elements necessary to guarantee satisfactory transit  
conditions for Community traffic.
In view of the above, and having regard to the emphasis  
that Austria places on environmental considerations, the  
Commission considers that the most realistic option would  
be cooperation in combined transport and between the  
railways (see point 4c).
The Commission proposes that the Council:
- give its agreement to the approach set out in point 4  
c) above;
- note the Commission's intention to propose a framework  
for talks on cooperation with Austria and instruct  
COREPER to take the necessary steps for its adoption by  
the Council before 31 July 1985;
- invite the Commission to report to the Council on the  
progress of the discussions with Austria within this  
framework in time for the Council's meeting in  
November.

AIDE MEMOIRE
On 23 April 1985 the Austrian Cabinet adopted a new  
memorandum to be addressed to the EC Commission setting out  
the changed conditions and, as a result of these changes,  
the necessary consequences for Austria's future transport  
policy with regard to her EC partners and the EC Commission.
On the basis of this memorandum, the Austrian Minister of  
Public Economy and Transport made the following points on  
3 May 1985 in his discussions with Mr. Clinton Davis of the  
EC Commission:
- that the carriage of goods between North and South  
through Austria is largely traffic serving exclusively  
the interests of the EC;
- that as a result of the restrictive transport policy  
pursued by Switzerland - through which the shortest  
transport routes run from the industrial centres of the  
northern EC area to the centres of Italy and vice versa -  
Austria has been forced to play the role of a pivotal  
bridge in European freight transit by road;
- that the Austrians living alongside the transit routes  
are no longer prepared to put up with the nuisances and  
environmental pollution caused by long-distance freight  
traffic, and that therefore additional new transit roads  
between North and South cannot be contemplated;
\
- that Austria is therefore compelled to implement the  
Federal Government's programme of July 1984 providing for  
rail transit corridors as quickly as possible (accepting  
the need for extensive and costly investments required by  
the programme);

- that Austria expects the necessary support from her  
neighbouring countries and the EC, since appropriate  
infrastructural action in the EC area - especially in  
Italy where there are the worst bottlenecks in the  
railway sector - are the prerequisite for the success of  
the Austrian programme; and
- that Austria would find herself compelled to take uni­
lateral action should such support from the EC and our  
neighbouring countries not materialise on a sufficient  
scale or quickly enough.
Austria is under the impression that the "new directives"  
adopted by the EC Council of Transport Ministers on  
23 May 1985 do not in any way do justice to Austria's  
position.
Austria reiterates that she is prepared to enter into  
discussions at the earliest possible date with the EC on  
the timing of the required infrastructural measures to  
shift North-South transit of goods from road to rail in  
Austria and her partner countries, but she must reserve the  
right to take autonomous measures to regulate freight  
traffic if the required support from the neighbouring  
countries concerned and from the EC does not materialise on  
a sufficient scale or does not lead to concrete results  
early enough. At all events, the proposal to hold nego­
tiations on this subject or to place these measures on the  
agenda of negotiations about any transport policy concerns  
of the EC going beyond this subject would have to be con­
sidered by Austria as reflecting a lack of readiness on the  
part of the EC to support Austria's efforts, and would lead  
to appropriate consequences for freight transit on Austrian  
transit roads.
Since bilateral and trilateral discussions with Italy a

- 3 -
the Federal Republic of Germany and especially the  
proposals of a trilateral working group accepted by the  
Transport Ministers of these countries in May 1985  
constitute serious tokens of a desire for intergovernmental  
cooperation to ensure European North-South transport via  
Austrian territory through the increasing shift of freight  
transport from road to rail, Austria assumes that an  
analogous interest also exists on the part of the EC.
6. Irrespective of other discussions on transport between  
Austria and the EC, the need for which as well as their  
agenda, level and time are not yet defined, Austria expects  
an early offer from the EC to hold discussions with the  
exclusive aim to implement as early as possible and on a  
mutually adjusted time schedule the measures necessary for  
the development of rail transit routes between North and  
South through Austrian territory and the corresponding aids  
and incentives for all forms of Combined Transport.