COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92)107 final 
Brussels, 30 April 1992 
Proposal for a 
COUNCIL DECISION 
concerning the conclusion of the agreements on the transit of goods bet 
C^u^^nd^rzeM^r0^ "" ""<"• "" "* *—•" *~'c ween 
(presented by the Commission) 
- 2 -
Explanatory memorandum 
1. By its decisions of 7 December 1987 and 19 December 1988, the Council 
authorized the Commission to start talks in the first and second phases of 
negotiations between the Community and Austria and Switzerland, 
respect ively.1 
According to the Council's negotiating directives and the conclusions to be 
drawn from them, the overall aim of the negotiations with the two countries 
was to facilitate transit of goods across the Alps. 
2. The Commission has been negotiating on the basis of these Council 
decisions since the beginning of 1988. For various reasons, the 
negotiations have proved to be both extremely complex and difficult. 
Discussions were held in plenary sessions and in various expert groups. 
The Council was regularly informed of progress and representatives of the 
Member States were invited to all plenary sessions. The Council approved 
the content of the two agreements at a special meeting on 21 October 1991. 
At the same time, it was ensured that there was no discrepancy with the 
negotiations on the European Economic Space. 
The transit negotiations were concluded on 3 December 1991 when the draft 
agreements were initialled. 
3. The following should be noted in relation to the individual agreements: 
Austr ia 
The agreement consists of five main titles and ten annexes. Titles 2 
and 3, on rail, road and combined transport, make up the core of the 
document. 
The decision also related to Yugoslavia. The Commission made a proposal 
for the conclusion of an agreement with that country in the field of 
transport on 12 June 1991 (see OJ No C 181/91). 
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Under the agreement, rail transport and combined transport are considered 
the keys to the solution of the problems caused in particular by trans-
Alpine road haulage. The corresponding infrastructure on the main transit 
routes and their extensions into Community territory should therefore be 
reinforced and a series of measures taken to promote both forms of 
transport. The implementation of these measures falls mainly within the 
competence of the Member States concerned and their respective national 
railway authorities. 
The centrepiece of the arrangements for road transport is the introduction 
of an "eco model", the aim of which is to achieve a balance between the 
economic and environmental interests concerned. This model provides for a 
60% reduction of initial levels of nitrous oxide emissions over a twelve-
year period. This will be possible only if the Community makes every 
effort to fix stringent emission limits and road haulage operators 
regularly renew their fleet of vehicles. Given these conditions, the "eco 
model" could make it possible to increase transit journeys through Austria 
by up to 8%. 
The Commission will ensure that account is taken of the reciprocal rights 
of access to the market agreed on 21 October 1991 when calculating the 
"eco model" points provided for in Article 15(3). 
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Switzerland 
The agreement with Switzerland, which consists of five main titles and 
eight annexes, also provides for wide-ranging measures for the extension of 
the railway infrastructure, including support measures to promote rail 
transport and combined transport. In particular, Switzerland has 
undertaken to cover the cost of constructing two new railway lines with 
tunnels through the base of the Alps. The cost of these two new sections 
of railway could be well in excess of 20 billion Swiss francs, but they 
should lead to a more than twofold increase in the capacity of transAlpine 
railway traffic and to a reduction of the transit time through Switzerland 
from in excess of five hours to about three hours. 
These infrastructure measures, together with complementary action in 
Community territory and corresponding measures for increasing capacity in 
Austria, will make it possible to cope with the large growth in traffic 
resulting from completion of the internal market. As has been emphasized 
on several occasions by every Community institution, their realization is 
therefore in the interest of the whole of Europe. 
In addition to the above, the agreement with Switzerland provides for a 
series of measures to improve conditions for road transport. This 
includes, in particular, a regulation offering exemption from the current 
restriction in Switzerland limiting the total weight of HGVs to 28 tonnes. 
A certain number of HGVs up to 40 tonnes will be authorized where rail 
capacity in combined transport operations is saturated. 
4. The objectives and the content of the agreements fall within the scope 
of the common commercial policy since, inter alia, they relate to access to 
specific markets and the conditions which may govern or facilitate the 
provision of transport services from or to a Member State in relation to 
third countries. They are accordingly trade agreements the conclusion of 
which must be based on Article 113 of the Treaty. 
5. At its special meeting on trans-Alpine traffic on 21 October 1991, the 
Council took note of the draft agreements and gave them its approval. 
The Commission therefore proposes that the Council: 
- adopt the agreements formally on behalf of the Community; 
authorize the President of the Council to sign the document and give the 
necessary notification. 
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6. The text of the agreements is attached, as an Annex, to this proposal 
for a Council Decision on the conclusion of transit agreements with Austria 
and Swi tzerland. 
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THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas, the agreements between the European Economic Community and Austria 
and the European Economic Community and Switzerland can provide a lasting 
solution to the current problems of trans-Alpine goods traffic; whereas it 
is necessary to ensure the long-term, non-discriminatory development of 
transit so as to enable international trade to be conducted at the least 
possible cost to the public at large and to reduce to a minimum the 
administrative and technical obstacles which affect it; 
Whereas these objectives must, at the same time, take account of respect 
for users' freedom of choice and aspects relating to road safety, 
protection of public health and the environment in Alpine regions; 
Whereas the objectives and the content of the agreements fall within the 
scope of the common commercial policy and the technical norms laid down 
contribute to the attainment of those objectives; 
Whereas conclusion of the agreements must, accordingly, be based on 
Article 113 of the Treaty, 
HAS DECIDED AS FOLLOWS: 
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Art icle 1 
The agreements between the European Economic Community and Austria and 
between the European Economic Community and Switzerland are hereby approved 
on behalf of the Community. 
The text of the agreements and the protocols and declarations annexed 
thereto are attached to this Decision. 
Art icle 2 
The President of the Council shall give the notification provided for in 
the agreements. 
Done at Brussels, For the Council 
The President 
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Financial statement 
The two agreements do not give rise to any obligations involving a charge 
on the Community budget. They relate only to those resources which are 
already at the Community's disposal in connection with the common policy on 
transport infrastructure. 
Financing infrastructure projects within the Community is a responsibility 
incumbent on the Member States in whose territory the projects are to be 
carried out. Procurement of the required rolling stock is the 
responsibility of the Member States' railway authorities. 
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Impact on small and medium-sized enterprises 
The agreements have no special implications for small and medium-sized 
enterprises. However, in common with large enterprises, they will have to 
renew their vehicle fleets if they want to make more transit Journeys 
through Austria under the provisions of the "eco model". 
The agreements allow for a series of measures for the promotion of combined 
transport. In practice, these measures will, above all, improve access 
conditions to combined transport for small and medium-sized road haulage 
contractors. 
% 
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Financial statement 
The two agreements do not give rise to any obiigations involving a charge 
on the Community budget. They relate only to those resources which are 
already at the Community's disposal in connection with the common policy on 
transport infrastructure. 
Financing infrastructure projects within the Community is a responsibility 
incumbent on the Member States in whose territory the projects are to be 
carried out. Procurement of the required rolling stock is the 
responsibility of the Member States' railway authorities. 
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Impact on small and medium-sized enterprises 
The agreements have no special implications for small and medium-sized 
enterprises. However, in common with large enterprises, they will have to 
renew their vehicle fleets if they want to make more transit journeys 
through Austria under the provisions of the "eco model". 
The agreements allow for a series of measures for the promotion of combined 
transport. In practice, these measures will, above all, improve access 
conditions to combined transport for small and medium-sized road haulage 
contractors. 
Agreement 
between the European Economic Community 
and the Republic of Austria on the transit of goods 
by road and rail 
PREAMBLE - 2 -
SUMMARY 
TITLE I AIMS, SCOPE AND DEFINITIONS 
Article 1 
Article 2 
Article 3 Aims 
Scope 
Definitions 
TITLE II: RAIL TRANSPORT AND COMBINED TRANSPORT 
Article 4: General provisions 
Article 5: Routes (Annex I) 
Article 6: Infrastructure projects in 
Austria (Annex II) 
Article 7: Infrastructure projects in the 
Community (Annexes III and IV) 
Article 8: Capacity (Annex V) 
Article 9: Supporting measures 
Article 10: Pricing (Annex VI) 
Article 11: Crisis situation 
TITLE III: ROAD TRANSPORT 
Article 12 
Article 13 
Article 14 
Article 15 
Article 16: Weights and dimensions 
Emissions (Annex VII) 
Real costs 
Reducing pollution (Eco point system) 
(Annexes VIII and IX) 
Relationship between this Agreement and existing 
bilateral road haulage traffic agreements 
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TITLE IV: CHECKS 
Article 17: Checks (Annex X) 
TITLE V: GENERAL AND FINAL PROVISIONS 
Article 18: 
Article 19: 
Article 20: 
Article 21: 
Article 22: 
Article 23: 
Article 24: 
Article 25: 
Annex I (Article 5) 
Annex II (Article 6) 
Annex III (Article 7) 
Annex IV (Article 7) 
Annex V (Article 8) 
Annex VI (Article 10) 
Annex VII (Article 13) 
Annex VIII (Article 15) 
Annex IX (Article 15) 
Annex X (Article 17) Non-discrimination 
Additional measures 
Unilateral measures 
Transit Committee 
Dispute settlement 
Duration 
Entry into force 
Legal force of the Annexes 
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THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
hereinafter referred to as "the Community", 
of the one part, 
THE REPUBLIC OF AUSTRIA, 
hereinafter referred to as "Austria" 
of the other part, 
hereinafter referred to as the Parties, 
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Desirous of promoting international cooperation and international trade 
through a coordinated European transport policy, 
Whereas the problems caused by trans-Alpine transit traffic call for a 
lasting solution which safeguards the quality of life of local residents, 
protects the environment and guarantees international trade; 
Whereas the latest clean technologies should be applied in this traffic in 
order to reduce as quickly as possible the remaining quantitative and 
qualitative nuisances; 
Whereas the Alps impose natural limits on the expansion of road transport, 
which accounts for certain differences between the road transport 
legislation of the Parties; 
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; 
The Parties hereby agree to take concerted action to promote rail transport 
and combined transport and regulate road transport, 
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TITLE I 
AIMS, SCOPE AND DEFINITIONS 
Article 1 
Aims 
This Agreement between the Community and Austria is aimed at strengthening 
cooperation between the Parties 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/ and regulate road traffic in the interests of public 
health and the environment* 
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Article 2 
Scope 
(1) The Agreement shall cover transit by rail or road through Austrian 
territory. 
(2) Cooperation between the Parties shall focus particularly on 
transport infrastructure, the support measures necessary for the 
development of rail transport and combined transport, the regulation 
of road haulage and the systematic exchange by the Parties of 
information regarding changes in their respective transport 
policies. 
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Article 3 
Definitions 
For the purposes of this Agreement, the following definitions shall apply: 
(1) Transit traffic: traffic through Austrian territory from a departure 
point to a destination, both of which lie outside Austria; 
(2) Transit of goods by road: transit by heavy goods vehicles registered 
in one of the Parties, regardless of whether they are laden or not; 
(3) 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, whereby transit traffic may 
under no circumstances cross Austrian territory on its way to or 
from a rail terminal by road alone; 
(4) Heavy goods vehicle: any motor vehicle designed to carry goods or 
haul trailers, including semi-trailer tractor units; 
(5) Loading units: containers, swap bodies, semi-trailers and trailers; 
(6) Maximum authorized weight: the maximum weight that may not be 
exceeded by a vehicle, stationary and ready to go, including the 
load, the driver and any persons carried; 
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(7) Axle loading: the sum, recorded for a stationary vehicle on a level 
road, of the loads transmitted by the wheels on a single axle or two 
axles where the distance between them is no more than one metre. 
- 10 -
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 primarily by 
the trans-Alpine carriage of goods by road. 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. 
(2) The measures specified for this purpose in Articles 6 to 10 shall 
comply with the rail transport provisions of the agreement of 
22 November 1989 between the Minister of Transport of the Italian 
Republic and the Minister of the Public Sector and Transport of the 
Republic of Austria on transit over the Brenner and v/ith the 
agreement of 9 May 1990 between the Transport Minister of the 
Federal Republic of Germany, the Transport Minister of the Italian 
Republic and the Minister of the Public Sector and Transport of the 
Republic of Austria on the improvement of trans-Alpine rail 
transport. These agreements are vital to the regulation of transit 
through Austrian territory. The Parties shall therefore endeavour 
to use the means at their disposal to support the implementation of 
the measures specified in these agreements. 
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Article 5 
Routes 
(1) In pursuit of the objectives referred to in Article 4, the Parties 
shall plan a network for combined transport and trans-Alpine rail 
traffic on the basis of the routes laid down in Annex I. 
(2) In the event of technical, economic or environmental changes 
affecting transit traffic and making necessary the establishment of 
additional routes, the Transit Committee referred to in Article 21 
shall without delay propose to the Parties the requisite amendments 
to Annex I. The Parties shall if necessary start negotiations with 
the Member States and railway companies concerned. 
- 12 -
Article 6 
Infrastructure projects in Austria 
(1) Short and medium-term measures 
In addition to work already carried out to widen tunnels between Kufstein 
and Brenner to permit the carriage of heavy goods vehicles with a corner 
height of 4 metres, Austria undertakes to implement the measures listed in 
Annex II. 
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Article 7 
Infrastructure projects in the Community 
In the light of the Declaration in Annex III regarding the implementation 
of infrastructure projects on Community territory, the plans of the Member 
States and the works already carried out on the routes referred to in 
Article 5, the measures listed in Annex IV are to be implemented in the 
Community. 
- 14 -
Article 8 
Capacity 
In accordance with the agreements listed in Article 4(2), the Parties 
hereby undertake, in as far as their means and their competences allow, to 
work towards the rapid construction and, within the bounds of what is 
technically feasible, use of the railway capacity referred to in Annex V. 
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Article 9 
Supporting measures 
(1) The Parties shall, where possible, act in concert to give priority 
to the following objectives in the promotion of rail transport and 
combined transport: 
1. the use of combined transport from start to finish and for long 
distances; 
2. the use of swap bodies and containers and, more generally, the use 
of modern unaccompanied transport technologies; 
3. the reinforcement of combined transport's competitiveness compared 
with road transport; 
4. the harmonization of the weights, dimensions and technical 
characteristics of combined transport equipment, in particular to 
ensure the requisite compatibility with tunnel gauges; 
5. the facilitation of access to the nearest suitably equipped 
terminal, in particular by the reciprocal waiving of authorization 
requirements for traffic to and from combined transport terminals; 
6. the drawing up of liability rules for combined transport services 
comparable to those already applicable to other modes of transport; 
7. the transfer of the carriage of hazardous goods to the railways 
wherever this increases safety; 
8. the improvement of ADR and RID provisions with regard to combined 
transport; 
9. the drafting of a legal framework for payload balancing in combined 
transport. 
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(2) The Parties shall, within the limits of their competences, prevail 
on the railway companies to: 
1. assemble complete trains; 
2. improve the reliability of deliveries and reduce delivery times, 
primarily by: 
2.1 reducing waiting times, particularly at frontiers; 
2.2 increasing the frequency of services and adapting them to the 
needs of the customer; 
2.3 increasing the productivity of the terminals through 
technological improvements and accelerated procedures and the 
reduction of waiting times; controls and formalities affecting 
trains at international frontiers or combined transport 
terminals must not take longer than those applicable to road 
transport; customs controls and formalities should take no more 
than one hour; 
2.4 transferring the performance of administrative formalities 
(customs, fiscal, veterinary and plant-health controls) to the 
terminals or to the point of departure or the final destination; 
3. coordinate the procurement and financing of rolling stock 
(wagons and locomotives) in the quantities required by the 
increase in rail capacity; 
4. take measures regarding the provision in the terminals of 
additional services (packaging, repair of combined transport 
equipment, cold storage, loading, etc.) and social facilities; 
5. offer guaranteed journey times; 
6. provide new links; 
7. extend the system of reduced waiting at borders to as many goods 
trains as possible and promote the acceptance of wagons on 
trust, especially for combined transport trains; 
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8. improve the flow of information: 
8.1 concerning wagon availability in order to reduce turnaround 
times and optimize patterns of use; 
8.2 to customers, so enabling them to determine the exact location 
and time of arrival of consignments (an internationally 
compatible electronic data exchange network accessible also to 
customers). 
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Article 10 
Pricing 
(1) Prices for rail transport shall be set by the competent authorities 
or bodies in each Party. They shall ensure that the prices for 
combined transport are competitive with those for transport by road. 
(2) The Parties shall, within the limits of their competences, endeavour 
to ensure that the market impact of 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 special combined transport equipment and 
operating aid for costs not covered. 
- 19 -
Article 11 
Crisis situation 
In the event of a serious disturbance in rail transit, such as 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 
jurisdiction. Priority shall be given to sensitive loads, such as 
perishable foods. 
- 20 -
Article 12 
Weights and dimensions 
(1) Goods vehicles, semi-trailers and trailers licensed in the Community 
may operate on Austrian territory where they conform 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. 
(2) The total maximum authorized laden weight for motor vehicles with 
trailers shall be no more than 38 000 kg for articulated vehicles, 
39 000 kg for motor vehicles operating to and from the rail terminal 
with crane-handled semi-trailers and 42 000 kg in the case of 
vehicles with containers and swap bodies. 
- 21 -
Article 13 
Emissions 
(1) In order to protect the environment and reduce gaseous, particulate 
and noise emissions from heavy goods vehicles, the Parties shall 
introduce strict environmental standards based on state-of-the-art 
and economically acceptable technology (see Annex VII). 
(2) The Parties shall consult each other at regular and frequent 
intervals during the preparation of such emission standards. 
(3) As regards emission standards, heavy goods vehicles registered in 
one Party shall be authorized to operate freely in the territory of 
both Parties without prejudice to applicable road traffic 
regulations. 
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Article 14 
Real costs 
(1) The Parties shall endeavour gradually to introduce - as far as 
possible - a harmonized road traffic taxation system. Initially, 
the aim of such a system shall be to charge infrastructure costs to 
heavy goods vehicles. Subsequently, external costs, particularly 
environmental costs, shall also be charged to them. 
(2) The Parties shall regularly consult each other in the preparation of 
such a system. Where possible, they shall take account of the 
principle of territoriality and the particular costs borne by the 
Alpine region. 
(3) If appropriate, the Parties shall open negotiations on the 
conclusion of a road traffic taxation agreement. In the light of 
the objectives of paragraph 1, the main aim of such an agreement 
shall be to ensure freedom of movement of cross-border traffic, 
remove differences between the road traffic taxation systems of the 
Parties and eliminate distortions in competition within the road 
transport sector and between transport modes. 
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Article 15 
Reducing pollution 
(1) The Parties shall take the necessary regulatory measures for transit 
traffic through Austria in the interests of environmental protection 
and public health. 
(2) The Parties agree to reduce the emissions and noise generated by 
heavy goods vehicles crossing Austrian territory in transit. Such a 
reduction'shall be achieved by cutting NOx emissions since this 
requires the greatest technical effort as reflected in the statutory 
limit values. It is assumed that the Parties will achieve the 
targeted reductions in noise emissions by heavy goods vehicles set 
out in Annex VII to this Agreement. Where those targets are not 
achieved the Transit Committee shall discuss what steps need to be 
taken pursuant to paragraph 4 of Article 21(3). 
(3) Total NOx emissions from heavy goods vehicles with a laden weight 
of over 7.5 tonnes, registered in one Party and crossing Austria in 
transit, shall, starting in 1992, be reduced by 60% in the twelve-
year period until the end of 2003. The initial value and annual 
reduction therein shall be determined in accordance with paragraphs 
4 and 5. 
(4) The initial value shall be determined by multiplying 
(1) the level of NOx emissions in g NOx/kWh from heavy goods 
vehicles in transit established for 1991. (It is agreed that 
this value shall be standardized on the current statutory 
COP value of 15.8g NOx/kWh); 
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(2) by the number of transit Journeys in 1991. A joint estimate 
will be made of the total number of journeys effected by heavy 
goods vehicles of over 7.5 tonnes registered in each of the 
Contracting Parties in transit operations for hire or reward, on 
own account or empty through Austria. 
This shall represent the total number of Eco points for 1991. 
(5.1) The initial value equivalent to the total number of Eco points for 
1991 shall be reduced according to the percentages given in the 
Table in Annex VIM. 
(5.2) If the number of journeys exceeds the figure established for 1991 
pursuant to paragraph 3(2) by more than 8% in any year between 1992 
and 2003, the number of Eco points calculated for the following year 
shall be reduced in accordance with the fourth paragraph of 
Annex IX. 
(6) The agreed reductions in total N0X emissions from these heavy 
goods vehicles shall be administered according to an Eco point 
system. Under this system any heavy goods vehicle crossing Austria 
in transit shall require a number of Eco points equivalent to its 
N0X emissions (authorized under the Conformity of Product [COP 
value] or the type-approval value). The method of calculation and 
administration of such points is described in Annex IX. 
(7) The competent Austrian authorities shall make available to the 
Commission of the European Communities the Eco point cards required 
for the administration of the point system pursuant to Annex IX for 
Community heavy goods vehicles crossing Austria in all the various 
forms of transi t. 
- 25 -
These Eco point cards shall be distributed by the Community among 
its Member States in accordance with its own rules and procedures. 
(8) Austria shall use the same point system for Austrian-registered 
vehicles effecting transit operations. Paragraphs 3 and 4 shall 
apply by analogy). 
(9) The point system shall be administered with a minimum of red tape. 
To this end the Parties shall provide each other with administrative 
assistance and exchange information. The Transit Committee shall 
regularly examine further ways in which the system might be improved 
and computerized. 
(10) The basic data required to calculate the initial value and 
percentage reductions shall be made available to the Transit 
Commi ttee. 
- 26 -
Article 16 
Relationship between this Agreement and existing bilateral 
road haulage traffic agreements 
(1) The authorizations provided for in the bilateral agreements between 
Member States of the Community and Austria shall be replaced by the 
Eco point card provided for in Article 15 if they were used for road 
haulage transit operations through Austria. 
(2) Existing market access authorizations or arrangements under 
bilateral agreements shall remain in force, save where otherwise 
provided. 
(3) The Transit Committee shall prepare a report on the bilaterally-
agreed market access rights as at 21 October 1991. 
- 27 -
Article 17 
Checks 
Checks or formalities necessary to the implementation of this Agreement 
between the Community and Austria, and in particular Articles 15 and 16 
thereof, may be carried out at appropriate locations and with the frequency 
required to ensure compliance with the appropriate standards. 
- 30 -
TITLE V 
GENERAL AND FINAL PROVISIONS 
Article 18 
Non-discrimination 
The Parties undertake not to take any discriminatory measures falling 
within the scope of this Agreement or in respect of traffic crossing Member 
States of the Community. 
- 29 -
Article 19 
Additional measures 
Where one of the Parties finds in the course of 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. 
- 30 -
Article 20 
Unilateral measures 
The Parties shall refrain from taking any unilateral measures which 
discriminate against transit traffic authorized pursuant to this Agreement 
- 31 -
Article 21 
Transit Committee 
(1) A Transit Committee is hereby set up to oversee implementation of 
this Agreement and to ensure its proper application. The Parties 
shall regularly exchange within this Committee any information which 
may be required to ensure the proper application of this Agreement. 
(2) 1. The Transit Committee shall be made up of representatives of the 
Community and representatives of Austria. 
2. The decisions of the Transit Committee shall be taken jointly by 
the delegations of the Parties. 
3. The Transit Committee shall establish its own rules of 
procedure. 
4. The Transit Committee shall be chaired in turn by each of the 
Parties. 
5. The Transit Committee may set up working parties to assist it in 
fulfilling its functions. 
(3) 1. The Transit Committee shall be convened at least once a year by 
its Chairman or Chairwoman in order to review the general 
functioning of the Agreement, and in particular, the ongoing 
implementation of the measures provided for in Articles 6 to 10. 
- 32 -
2. Every three years the Transit Committee shall submit a report 
on: 
(a) the impact of road haulage traffic on the environment and 
the public's quality of life, 
(b) the reduction in emissions from road haulage traffic, 
(c) the charging of infrastructure and external costs, 
(d) the calculation and utilization of combined transport 
capacity in Austria and Switzerland, 
and, where appropriate, put forward proposals to the Parties. 
3. Either Party may request the Transit Committee to discuss the 
subject and application of this Agreement. In the event of such 
a request the Transit Committee shall be immediately convened 
and may, in an emergency, adopt the necessary measures, which 
may last for no more than three months. 
4. The Transit Committee shall be convened in cases of serious 
deviations from the values estimated in Article 15 and 
Annexes VIII and IX which are attributable to system errors such 
as inaccurate assumptions, other technical or legal 
developments, changes in the foreign trade situation arising 
from German unification or unforeseen practical implications of 
- 33 -
the point system. Measures of no more than three months' 
duration may be taken to eliminate such discrepancies or 
measures may be proposed to the Parties provided the target 
reduction in emissions for the year 2003 is met. 
(4) The Transit Committee shall be responsible in particular for the 
following: 
1. proposing the necessary amendments to Annex I pursuant to 
Article 5(2); 
2. overseeing the ongoing implementation of the measures provided 
for in Articles 6 to 10; 
3. duties pursuant to Article 15(4) and (8); 
4. consultations on unilateral measures pursuant to Article 20; 
5. settling disputes pursuant to Article 22. 
- 34 -
Article 22 
Dispute settlement 
Any dispute between the Parties concerning the interpretation or 
application of this Agreement shall be referred to the Transit Committee, 
which shall endeavour to find a mutually acceptable solution. 
- 35 -
Article 23 
Duration 
This Agreement is concluded for 12 years. 
- 36 -
Article 24 
Entry into force 
(1) This Agreement shall be drawn up in duplicate in the Danish, Dutch, 
English, French, German, Greek, Italian, Portuguese and Spanish 
languages, each text being equally authentic. 
(2) This Agreement shall be subject to approval in accordance with the 
Parties' own procedures. 
(3) This Agreement shall enter into force on the first day of the second 
month after the Parties have notified each other that the necessary 
legal procedures have been completed. 
(4) The time and procedures for the introduction of the Eco point system 
(Article 15) in 1992 shall be established in an administrative 
agreement. 
- 37 -
Article 24 
Legal force of the Annexes 
Annexes I to X shall form an integral part of the Agreement 
- 38 -
Annex I (Article 5) 
(1) The main European rail routes which run through Austrian territory 
and are relevant to transit traffic are as follows: 
1. The Brenner route 
Munich - Verona - Bologna 
2. The Tauern route 
Munich - Salzburg - Villach 
3. The Pyhrn - Schober Pass route 
Regensburg - Graz 
4. The Danube route 
Nuremberg - Vienna 
(2) The corresponding extensions and terminals form part of these main 
routes. 
- 39 -
Annex II (Article 6) 
INFRASTRUCTURE PROJECTS IN AUSTRIA 
Austria will implement the following measures to expand rail capacity and 
so improve rail transport and combined transport: 
1. Brenner 
1.1 Short-term measures 
construction of the Innsbruck loop line 
- measures affecting safety and operations 
- introduction of computer-assisted train monitoring 
- new block system arrangements 
- installation of points for track changes between stations 
- reconstruction of Worgl Station 
- extensions to passing tracks in stations. 
1.2 Long-term measures 
- In view of the importance of a new Brenner crossing Austria 
declares itself willing to pursue work already under way and 
step up cooperation with the Community with regard to the 
Brenner base tunnel project and its feeder lines. 
- 40 -
2. Tauern 
2.1 Short-term measures 
further development of two-track operation 
safety improvements. 
2.2 Medium-term measures 
ad hoc line improvements 
increase in section maximum speed 
shortening of block sections. 
3. Pyhrn-Schober 
Short-term measures 
removal of the night-running ban on the Pyhrn section 
removal of the night-running ban on the Hieflau section, 
- 41 -
3.2 Medium-term measures 
station upgrading and conversions 
improvement of safety systems 
shortening of block sections 
removal of level crossings 
reconstruction of the Traun-Marchtrenk curve 
selective track doubling. 
3.3 Long-term measures 
continuation of track doubling on the entire Passau-
Spielfeld/Strafi section 
rebuilding of the St Michael-Bruck section. 
- 42 -
Annex III 
DECLARATION BY THE DELEGATION OF THE EUROPEAN COMMUNITIES 
on Article 7 
1. Within the Community, the execution of infrastructure projects will 
depend on the Member States concerned assuming responsibility for works to 
be carried out on their respective territories. 
2. Article 7 will be carried out as follows: 
The Commission will present a draft of the required measures to the 
Committee on Transport Infrastructure and examine this with the 
Member States affected (see the Council Decision of 
20 February 1978, OJ L 54, 25 February 1978). 
- The Community will use the resources available to it under the 
common policy for transport infrastructure to support these 
measures. (See the Council Regulation of 20 November 1990, OJ 
L 326, 24 November 1990.) 
- 43 -
Annex IV (Article 7) 
INFRASTRUCTURE PROJECTS ON COMMUNITY TERRITORY 
In the Community the following measures will be taken to increase rail 
capacity with a view to improving rail transport and combined transport: 
(a) In Germany and Italy 
In view of the importance of a new Brenner crossing the Community 
declares its readiness, as an extension to action taken hitherto, to 
step up its cooperation with Austria on the Brenner base tunnel project 
and access routes. 
(b) In Germany 
* Short-term measures 
combined transport terminals at Munich-Riem and Duisburg Port 
upgrading of the Munich-Rosenheim-Kufstein section; in particular: 
reserved tracks for the S-Bahn (urban railway) between Zorneding 
and Graf ing; 
- shortening of block sections (improvement of division into 
sections) between Grafing and Rosenheim and between Rosenheim and 
Kiefersfelden; 
- construction of passing tracks (e.g. between the stations at 
GroBkarolinenfeld, Raubling and Fischbach); 
- construction of rail-free access for platforms at GroBkarolinenfeId 
Station; and 
- track layout changes at Rosenheim Station and further measures at 
the following stations: ABIing, Ostermiinchen, Brannenburg, 
Oberaudorf and Kiefersfelden. 
44 
* Medium-term measures (up to the end of 1998, subject to planning 
permisst ion): 
- upgrading of the Munich-MCihIdorf-Freilassing section. 
(c) In Italy 
Brenner 
- the widening of tunnels on the Brenner-Verona line in order to 
permit the carriage of heavy goods vehicles with a corner height of 
4 m in accompanied or unaccompanied combined transport; 
the upgrading of the Verona-Quadrante Europa intermodal centre; 
- track reinforcement and construction of new tunnels; 
- the implementation of further technical measures (automatic block 
and two-way working on the busy stretches leading to the stations 
of Verona, Trento, Bolzano and Brenner) in order to increase 
capacity and further improve safety. 
(d) In the Netherlands 
Construction of a rail service centre in the Rotterdam conurbation. 
- 45 -
Annex V (Article 8) 
1. AUSTRIAN RAILWAYS' ADDITIONAL CAPACITY FOR CARRIAGE OF GOODS IN 
TRANSIT THROUGH AUSTRIA: 
Route Additional capacity: transit goods trains/day (in 
both directions) 
Immediate Short-term Medium-term Long-term 
Brenner 10- 70 200: 
Tauern 
Salzburg - Villach -
Jesenice or Tarvisio 10- 40 
Pyhrn-* - Schober 
Passau - (Salzburg) 
Selzthal - Graz -
Spielfeld/Stra/3 11' 22 60 
1 An additional 28 trains have already been put on as a result of the 
"1 December 1989 Programme". 
2 of which four trains are available immediately. 
3 increased capacity on the feeder lines, but less reserve capacity on 
the Schober Pass section in the short and medium terms (particularly owing 
to construction work). 
^ Might, in certain circumstances, be increased to 26 units, but* with no 
reserve capacity on the mountain section over the Schober Pass. 
5 This assumes that the Brenner Base Tunnel is built and that feeder 
lines in neighbouring States are upgraded. 
- 46 -
2. POTENTIAL CAPACITY INCREASE IN CONSIGNMENTS OR TONNES 
Immediately 
Since 1 December 1989 Austria has introduced 28 more goods and combined 
transport trains into Brenner transit. There is enough spare capacity on 
these and already existing goods and combined transport trains to permit 
about a quarter of freight currently transiting by road to be shifted onto 
the railways. 
In the short term 
Short-term expansion will more than double rail capacity for transit 
through Austria. From 1994 - depending on the combined transport 
technology used - there will be an annual increase in combined transport 
capacity of 1.1 to 1.6 million consignements or over 20 million tonnes. 
In the medium term 
Until 1996 this capacity will be further expanded by 700 000 to 1.1 million 
consignments a year through additional selective two-track development and 
safety and operating improvements on the Tauern and Pyhrn routes. 
- 47 -
In the long term 
The Pyhrn-Schober route will be upgraded to two-track running by 2000. 
Between 2005 and 2010 a Brenner base tunnel should further double capacity 
on the Brenner route to as many as 400 trains a day. Depending on the 
technology chosen, the newly created combined rail transport capacity could 
rise to 50 to 80 million tonnes a year after 2010. 
Definitions 
"Immediately" means available within the period of validity of the current 
timetable. 
"In the short term" means available from the end of 1994. 
"In the medium term" means available from the end of 1996. 
"In the long term" means available on the Pyhrn-Schober route from the end 
of the year 2000, and on the Brenner Route from the end of 2010. 
- 48 -
Annex VI 
Declaration relating to Article 10 
The Community delegation declares that aids from Community Member States 
are subject to the provisions of the EEC Treaty, and in particular 
Articles 92, 93 and 77 thereof. 
- 49 -
Annex VII (Article 13) 
Joint Declaration relating to Article 13 
1. The European Community and Austria note with satisfaction that the 
Council of the European Community has decided to reduce the maximum levels 
of gaseous and noise emissions as COP values for lorries. 
A comparison of the maximum permissible levels as COP values decided upon 
by the Council and those laid down by Austria provides proof of the efforts 
undertaken in the field of harmonization. 
CO 
4.9g/kWh HC 
1.23 g/kWh NOx 
9.0 g/kWh Particulates 
0.7 g/kWh 
0.4 g/kWh < 85 kW 
> 85 kW 
These values are to be applicable from 1 October 1991 in Austria and 
1 July 1992 in the European Community. 
2. The European Community and Austria will take action to reduce the COP 
values of emissions still further in a second stage, relying in doing so on 
the latest state of the art in environment-friendly motor vehicles and fuel 
composition. Harmonization will also prevail in this second stage. 
The Council of the European Community has decided that with effect from 1 
October 1996 the following exhaust-gas values will be introduced in the 
Community: 
CO 
4.0 g/kWh HC 
1.1 g/kWh NOx 
7.0 g/kWh Particulates 
0.3/0.15 g/kWh 
- 50 -
The Community and Austria shall consult one another in order to prepare for 
the second stage and, not later than 1 January 1994, shall harmonize the 
corresponding legal provisions with particular regard to the limit values 
for particulate emissions. 
3. The Republic of Austria takes note of the Commission proposal of 
26 June 1991, according to which maximum noise-emission levels are to be 
introduced not later than 1 October 1995 for newly registered lorries: 
Noise emissions: Lorry < 150 kW: 78 dB (ISO measurement procedure) 
Lorry > 150 kW: 80 dB (with a method of measurement 
suitable for urban traffic) 
The Republic of Austria hereby states its intention to introduce the 
following maximum noise-emission levels for newly registered lorries not 
later than 1 October 1995: 
Noise emissions: Lorry < 150 kW: 78 dB 
Lorry > 150 kW: 80 dB 
(ISO measurement procedure) 
- 51 -
Annex VIII (Article 15) 
Percentage of Eco points 
1991 100.0% 
1992 96.1% 
1993 87.9% 
1994 79.5% 
1995 71.7% 
1996 65.0% 
1997 59.1% 
1998 54.8% 
1999 51.9% 
2000 49.8% 
2001 48.5% 
2002 44.8%* 
2003 40.0%* 
The calculation of the reduction for the years 2002 and 2003 is 
based on the assumption that a lorry with a NOx emission of 
5.0g/NOx/kWh will be available on the market from the year 2002 
- 52 -
Annex IX (Article 15) 
4 
1. The following documents shall be submitted for each heavy goods 
vehicle each time it travels through Austria (in either direction): 
(a) a document showing the COP value for NOx emissions from the 
vehicle in question; 
(b) a valid points card issued by the competent authority. 
re (a) 
In the case of a heavy goods vehicle registered after 
1 October 1990, the document showing the COP value shall be a 
certificate issued by the appropriate authority giving details of an 
official COP value for NOx emissions or the type-approval 
certificate showing the date of registration and value established 
for type-approval purposes. In the latter case the COP value shall 
be the type-approval value increased by 10%. Once such a value has 
been determined for a vehicle it cannot be changed during the 
vehicle's life. 
In the case of vehicles registered before 1 October 1990 and 
vehicles for which no certificate has been submitted, a COP value of 
15.8g/kWh shall be set. 
re (b) 
The points card shall contain a certain number of points and shall 
be endorsed as follows on the basis of the COP value for the 
vehicles in question: 
- 53 -
1. each g/kWh NOx emission corresponding to the value shown in 
the abovementioned document shall count as one point; 
2. NOx emission values shall be rounded up to the next full point 
when they are to a decimal place of 0.5 or more, otherwise they 
shall be rounded down. 
(2) The Austrian authorities shall provide the Commission with points 
cards pursuant to Article 15 in good time. 
(3) The Transit Committee shall at three-month intervals calculate the 
number of journeys and the average NOx value of the vehicles 
detailed for each nationality. 
(4) If Article 15(4)(2) applies, the number of eco points for the 
following year shall be reduced in the following way: 
The quarterly average NOx values for lorries in the current year 
(see paragraph (3)) will be extrapolated to produce the average 
NOx value anticipated for the following year. The forecast value 
multiplied by 1.04 and the number of journeys in accordance with 
Article 15(3)(2) will be the number of eco points for the year in 
question. 
- 54 -
Annex X (Article 17) 
EXCHANGE OF LETTERS CONCERNING CHECKS 
To the Austrian ambassador 
Your Excellency, 
With regard to the Agreement signed today between the European Economic 
Community and Austria on the transit of goods by road and rail, it is my 
honour to inform you that the Community, with the aim of simplifying 
frontier formalities, is interpreting, without prejudice to Articles 15 and 
16 of the Agreement, Article 17 of the Agreement in the light of Council 
Regulation (EEC) No 4060/89, and in particular Article 3 thereof, as 
incorporated into the Agreement on the European Economic Area. 
I would be grateful for your assent to the content of this letter. 
I have the honour to be, Sir, 
yours faithfully 
REPLY 
To the Director-General 
Sir, 
It is my honour to confirm the content of your letter, namely: 
"With regard to the Agreement signed today between the European 
Economic Community and Austria on the transit of goods by road and 
rail, it is my honour to inform you that the Community, with the aim 
of simplifying frontier formalities, is interpreting, without 
prejudice to Articles 15 and 16 of the Agreement, Article 17 of the 
Agreement in the light of Council Regulation (EEC) No 4060/89, and 
in particular Article 3 thereof, as incorporated into the Agreement 
on the European Economic Area. 
I would be grateful for your assent to the content of this letter." 
Agreement 
between the European Economic Community and the Swiss Confederation 
on 
the carriage of goods by road and rail 
-2-
CONTENTS 
Recitals 
TITLE I AIMS, SCOPE AND DEFINITIONS 
Article 1 - Aims 
Article 2 - Scope 
Article 3 - Definitions 
TITLE II RAIL TRANSPORT AND COMBINED TRANSPORT 
Article 4 - General provisions 
Article 5: Infrastructure projects and planning in Switzerland 
Article 6: Infrastructure projects and planning in the 
Community 
Article 7: Support measures 
Article 8: Pricing 
Article 9: Crisis situation 
TITLE III ROAD TRANSPORT 
Article 10 
Article 11 
Article 12 
Article 13 Facilitation of road transport 
Environmental protection 
Taxation 
Market access 
TITLE IV FACILITATION OF BORDER CROSSINGS 
Article 14: Simplification formalities 
TITLE V GENERAL AND 
Article 15 
Article 16 
Article 17 
Article 18 
Article 19 
Article 20 
Article 23 
Article 22 
Article 23 FINAL PROVISIONS 
Non-discrimination 
Unilateral measures 
Additional measures 
Joint Committee 
Operation of the Committee 
Duration of the Agreement 
Entry into force 
Annexes 
Languages 
-3-
Annex 1 Declaration on the scope of Article 3(3) 
Annex 2 Infrastructure operations and measures planned in Switzerland 
Annex 3 Declaration on the scope of the undertaking given in Article 6 
Annex 4 Infrastructure operations and measures planned in the Community 
Annex 5 Declaration by the Community delegation on Article 8 of the 
Agreement 
Annex 6 Lists of exemptions: 
(a) from the ban on night and Sunday driving 
(b) from the 28-tonne limit 
Annex 7 Joint declaration on the treatment of vehicle weights and 
dimensions 
Annex 8 Draft exchange of letters on market access 
-4-
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, and that such a solution must safeguard the quality 
of life of local residents, protect the environment and help, by more 
effective traffic management, complete the European Community's internal 
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 road transport should nevertheless 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: 
-5-
TITLE I - AIMS, SCOPE AND DEFINITIONS 
Article 1 - Aims 
This Agreement between the Community and Switzerland is aimed at 
strengthening cooperation between the Parties 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 facilite road 
traffic by appropriate means. 
-6-
^ 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 systematic exchange by the 
Parties of information regarding changes in 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. 
-7-
Article 3 - Definitions 
1. 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; 
2. Combined road/rail transport, hereinafter referred to as combined 
transport, shall mean 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. 
3. Carriage of goods shall mean journeys undertaken by heavy goods 
vehicles, whether laden or unladen. 
4. Heavy goods vehicles shall mean lorries and tractor units, trailers and 
semi-trailers. 
5. Loading units shall mean containers and swap bodies. 
-8-
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 route 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 objective of such action shall be 
to achieve 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. 
-9-
Article 5 
Infrastructure operations and planning 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 Lotschberg trans-Alpine routes from 330 000 
consignments in 1991 to 710 000 consignments in 1994.* 
Switzerland shall, by the end of 1994,* improve the Lotschberg-Simplon 
transit route so as to enable trains to carry lorries with a corner 
height of 4 metres. These improvements shall 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 these 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 12-15 
years); 
a base railway line between the Frutigen region and the Rhone 
valley, including a Lotschberg base tunnel (length about 30 km, 
work expected to take 7-10 years). 
* Or 1995, depending on the progress of works t 
-10-
Article 6 
Infrastructure operations and planning in the Community 
1. 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 enable trains to carry 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. 
Or 1995, depending on the progress of works. 
-11-
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: 
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 tunnel gauges; 
1.4 to facilitate access to the nearest suitably equipped terminals, in 
particular by the reciprocal waiving of authorization requirements 
for traffic to an 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. 
-12-
2. The Parties shall, 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, 
2.2.1. 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 journey times; 
2.6. provide new rail links where this is justified on economic grounds 
-13-
Article 8 
Pricing 
1. Prices for rail transport shall be set by the competent authorities or 
bodies in each Party. They shall ensure that the prices for combined 
transport are competitive with those for transport by road. 
2. The Parties shall endeavour to 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 special combined transport equipment and operating aid for 
costs not covered. 
-14-
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. 
-15-
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 total 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: 
- expansion 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 for 
vehicles engaged in combined transport; 
- abolition of certain restrictions on the transportation of animals by 
road; 
-16-
raising of the length limit for articulated vehicles from 16 metres to 
16.5 metres; 
- raising of the length limit for road trains from 18 metres to 18.35 
metres; 
- raising of the total weight limit for three-axle vehicles with only one 
driven axle from 19 tonnes to 22 tonnes; 
- raising of the maximum width for road vehicles from 2.30 metres to 2.50 
metres and for refigerated vehicles to 2.60 metres. 
3. Without prejudice to the provisions of paragraphs 1 and 2 of this 
Article and 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 forced 
1 See also Annex 7 with regard to the treatment of weights and dimensions 
-17-
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(H)(3). 
-18-
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 initially at making 
vehicles pay for transport infrastructure and later also at making them pay 
indirect costs, particularly environmental costs. 
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 special 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. 
-19-
:^ B - MARKET ACCESS 
Article 13 - Market access 
The two Parties declare their intention to grant each other access to the 
transport market under the European Economic Area Treaty, or, if necessary, 
on terms to be set out in a bilateral agreement.* 
1 See Annex 8 
-20-
TITLE IV - FACILITATION OF BORDER CROSSINGS 
AND SIMPLIFICATION OF FORMALITIES 
^f Article 14 
1. The Parties shall ende.avour to simplify the formalities, particularly 
customs formalities, imposed during transport. 
2. These measures shall be, taken in accordance with the Agreement between 
the European Community and Switzerland on the facilitation of border 
crossing, which entered into force on 1 July 1991. 
-21-
TITLE V - GENERAL AND FINAL PROVISIONS 
Article 15 - Non-discrimination 
The Parties shall not take discriminatory measures in the fields covered by 
the Agreement or with regard to traffic crossing Community Member States. 
Article 16 - Unilateral measures 
The Parties shall refrain from taking any unilateral measures which 
discriminate against transit traffic authorized pursuant to this Agreement. 
-22-
Article 17 - Additional measures 
Where one of the Parties finds in the course of 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. 
-23-
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 inland carriage 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 in the following 
fields in particular: 
- 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. 
-24-
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. 
-25-
Article 20 - Duration of the Agreement 
This Agreement is concluded for twelve years. 
-26-
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. 
-27-
Article 22 - Annexes 
Annexes 1 to 8 shall form an integral part of the Agreement 
-28-
Article 23 - Languages 
This Agreement shall be drawn up in duplicate in the Danish, Dutch, 
English, French, German, Greek, Italian, Portuguese and Spanish languages, 
each text being equally authentic. 
For the Swiss Federal Council, For the Council of the 
European Communities, 
-29-
Annex 1 
Declaration by the Swiss delegation 
on the scope of Article 3(3) 
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. 
-30-
Annex 2 
Infrastructure operations 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 
2020 or 2030. 
B. PROGRAMME OF WORK 
The Parties shall agree on the measures to be taken, as follows: 
-31-
1. Short-term progression 
Increasing capacity yields the following progressive increase in supply: 
Number of consignments('000) via Gotthard and Lotschberg/Simplon 
GOTTHARD 
UCT Container UT TT Total 
•"»• •'—••• • ..... 
1 2 1+2 4 1+2+4 
530 
380 
340 
330 
LOTSCHBERG 1994* 
1993 
1992 
1991 340 
203 
173 
165 160 
110 
110 
110 500 
313 
283 
275 30 
67 
57 
55 
UCT Container UT TT Total 
6 7 6+7 9 6+7+9 
1994* 
1993 
1992 
1991 0 
0 
0 
0 80 
50 
0 
0 80 
50 
0 
0 100 
0 
0 
0 180 
50 
0 
0 
Total No of consignments 
1994* 710 000 
1993 430 000 
1992 340 000 
1991 330 000 
Key to abbreviations: 
TT: Truck on train 
UCT: Unaccompanied combined transport 
UT: UCT + containers 
* Or 1995, depending on the progress of works. 
-32-
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 the Lotschberg-Simplon. The aim is to treble the present capacity for 
combined transport (excluding containers) via the St Gotthard and to 
improve (where appropriate) the Lotschberg-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. 
* Or 1995, depending on the progress of works. 
-33-
Lotschberg-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 parti .ar, 
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: Domodossola, Luino and Chiasso. 
-34-
3. Foreseeable trends beyond 1994* 
Once the Swiss "RAIL 2000" project is completed and provided that the 
potential of the Lotschberg 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: 
- 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 Lotschberg (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 Lotschberg 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 after 1995, depending on the progress of work. 
-35-
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 propose and discuss with the Member States concerned the 
measures to be taken (see the Council Decision of 20 February 1978, 
OJ L 54, 25.02.1978). 
- 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 the Council Regulation of 
20 November 1990, OJ L 326, 24.11.1990). 
•36-
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 
_ake place under a 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. 
-37-
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 
could include: 
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 - Lubeck 
- 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; 
-38-
inauguration of Milano Segrate in 1992: in the near future, the 
multimodal centre serving Bologna Interporto station and the Turin 
Orbasano 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. 
-39-
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 
European Community is subject to the provisions of the Treaty establishing 
the European Economic Community, and in particular Articles 92, 93 and 77 
thereof. 
-40-
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 accident, 
notably public transport and air accidents. 
(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 and freshly squeezed fruit juices, for example) 
from 1 April to 31 October; 
- pigs and chickens for slaughter; 
-41-
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. 
-42-
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 of 
40 tonnes and for 40-foot ISO containers in combined transport up to a 
total of 44 tohnes: 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; 
-43-
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 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. TKe 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; 
-44-
- the means of communication which should be established between the 
users, the terminals and the administration centre. 
* Switzerland's frontier area is defined in the Instructions of the 
Federal Police and Justice Department. It is generally an area within a 
ten>»)4llometre radius of a customs post. 
-45-
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 exceptions made in Annex 6 and Article 10(3). 
-46-
Annex 8 (see Article 13) 
(Swiss delegation) 
Berne, 
To the Director-General 
Dear Sir, 
Wit; regard to the Agreement between the European Economic Community and 
Switzerland signed today/ I have the honour to confirm that Switzerland 
considers the issue of market access to be an essential element in its 
relations with the Community in the field of transport. I have taken note 
of your proposal that the matter be dealt with in the treaty establishing a 
European Economic Area. My delegation is in agreement with this proposal, 
provided that> in the event of the treaty 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* 
Yours faithfully, 
-47-
Community delegation 
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 Econom' Community 
and Switzerland signed today, I have the honour to confir. .»at 
Switzerland considers the issue of market access to be an essential 
element in its relations with the Community in the field of transport. 
I have taken note of your proposal that the matter be dealt with in the 
treaty establishing a European Economic Area. My delegation is in 
agreement with this proposal, provided that, in the event of the treaty 
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." 
It is my pleasure to accept its content in its entirety. 
I have the honour to be, Sir, yours faithfully... 
V u% -
Joint declaration 
to the agreed minutes 
The Community and Switzerland take the opportunity afforded by the 
conclusion of the negotiations on inland transport to emphasize the 
importance of fruitful cooperation and liberalization in the field of air 
transport. They believe that a solution should be reached as quickly as 
possible on the basis of the Community "acquis". 

ISSN 0254-1475 
COM (92) 107 final 
DOCUMENTS 
EN li 07 
Catalogue number: CB-CO-92-161-EN-C 
ISBN 92-77-43038-9 
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