Proposal for a COUNCIL REGULATION adapting Regulation (EC) No 2888/2000 of the European Parliament and of the Council, in the field of transport, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

(presented by the Commission)

EXPLANATORY MEMORANDUM

Regulation (EC) No 2888/2000 of the European Parliament and of the Council of 18 December 2000 on the distribution of permits for heavy goods vehicles travelling in Switzerland [1] provides for the allocation of the permits, which have been attributed to the Community annually by Switzerland since 2001 and for the last time for the year 2004, to the fifteen Member States of the Community.

[1] OJ L 336, 30.12.2000, p. 9.

Due to the enlargement of the Union adaptations to this Regulation are necessary. The attached proposal for a Council regulation covers these adaptations, which are of a technical nature. They concern the distribution of an additional quota of permits to the new Member States for heavy goods vehicles travelling in Switzerland, which the Swiss Confederation has attributed to the Community. The necessary adaptations were not provided for in the Act of Accession, in particular in its Annex II.

The number of permits allocated to each new Member State for the period 1 May 2004 to 31 December 2004 is equal or higher than currently provided for in the bi-lateral agreements between seven of the new member States and the Swiss Confederation. The three remaining Member States will receive their number of permits calculated on the basis of the transport operations carried out in Switzerland by vehicles registered in these new Member States in 2002.

Article 2(3) of the Treaty of Accession enables the Council or the Commission to adopt before accession measures referred to, inter alia, in Article 57 of the Act of Accession. These measures shall enter into force only subject to and on the date of the entry into force of this Treaty.

Article 57 of the Act of Accession enables the Council or the Commission to adapt prior to accession those acts, which require adaptation by reason of accession, and where the necessary adaptations have not been provided for in the Act of Accession or its Annexes. These adaptations shall enter into force as from accession.

The Council is invited to adopt the attached Commission proposal.

Proposal for a COUNCIL REGULATION adapting Regulation (EC) No 2888/2000 of the European Parliament and of the Council, in the field of transport, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2(3) thereof,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 57 (1) thereof,

Having regard to the proposal from the Commission [2],

[2] OJ C ..., ..., p. ...

Whereas:

(1) For certain acts which remain valid beyond 1 May 2004 and require adaptation by reason of accession, the necessary adaptations were not provided for in the 2003 Act of Accession, or were provided for, but further adaptations are necessary. All these adaptations need to be adopted before accession in order to enter into force as from accession.

(2) Pursuant to Article 57 (2) of the Act of Accession, such adaptations are to be adopted by the Council in all cases where the Council alone or jointly with the European Parliament adopted the original act.

(3) Regulation (EC) No 2888/2000 of the European Parliament and of the Council of 18 December 2000 on the distribution of permits for heavy goods vehicles travelling in Switzerland [3] should therefore be amended accordingly,

[3] OJ L 336, 30.12.2000, p. 9.

HAS ADOPTED THIS REGULATION:

Article 1

The Annexes to Regulation (EC) No 2888/2000 are replaced by the text in the Annex.

Article 2

This Regulation shall enter into force subject to, and as from the date of, the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX

"ANNEX I

Scale for allocating 'full-weight' permits

The Commission shall allocate 'full-weight' permits to the Member States according to the following scale:

Member State // %

Belgium // 6,9

Denmark // 1,4

Germany // 25

Greece // 0,9

Spain // 2

France // 15

Ireland // 0,85

Italy // 24

Luxemburg // 1,45

Netherlands // 8,9

Austria // 8

Portugal // 0,7

Finland // 0,8

Sweden // 0,75

United Kingdom // 3,35

Total: // 100 %

The total number of permits to be allocated will amount to 300 000 for 2001 and 2002 and to 400 000 for 2003 and 2004.

For the period 1 January 2004 to 31 December 2004 the Commission shall allocate 10 000 additional 'full-weight' permits to the Member States according to the following scale:

Member State // Number of permits

Czech Republic // 3 165

Estonia // 440

Cyprus // 66

Latvia // 132

Lithuania // 308

Hungary // 1 934

Malta // 352

Poland // 2 110

Slovenia // 1 055

Slovakia // 440

Total // 10 000 "

ANNEX II

Scale for allocating 'empty' permits

The Commission shall allocate 'empty' permits to the Member States according to the following scale:

Number of 'empty' permits available annually

Member State // 2001 - 2004

Belgium // 14 067

Denmark // 1 310

Germany // 50 612

Greece // 5 285

Spain // 1 500

France // 16 126

Ireland // 220

Italy // 93 012

Luxemburg // 3 130

Netherlands // 21 517

Austria // 2 183

Portugal // 192

Finland // 867

Sweden // 381

United Kingdom // 9 598

Total: // 220 000

For the period 1 January 2004 to 31 December 2004 the Commission shall allocate 5 500 additional 'empty' permits to the Member States according to the following scale:

Member State // Number of permits

Czech Republic // 1741

Estonia // 242

Cyprus // 36

Latvia // 73

Lithuania // 169

Hungary // 1 064

Malta // 193

Poland // 1 160

Slovenia // 580

Slovakia // 242

Total // 5 500 "

ANNEX III

Methodology for determining the allocation of permits

Allocation of the permits determined in Annexes I and II will take place on the basis of the following methodology:

1. Member States of EU-15

'Full-weight' permits

Initially, each Member State will receive 1 500 permits.

Thereafter, the remaining permits will be allocated in equal parts on the basis of criteria relating to bilateral traffic operations and transit traffic operations.

This result will be adjusted slightly to take account of the specific geographical situation of certain Member States.

Bilateral traffic

The allocation will take place on the basis of the shares of each Member State in bilateral transport to and from Switzerland.

Transit traffic

The allocation will take place on the basis of the shares of heavy vehicles registered in the Member State concerned in the total number of diverted kilometres in north-south and south-north trans-Alpine road traffic as a result of the current weight restrictions in Switzerland.

Diverted mileage will be calculated as the difference between the actual distance of trans-Alpine journeys and the shortest distance through Switzerland. The mileages through Switzerland will be adjusted by the addition of 60 kilometres to take into account border delays and road traffic conditions.

For those Member States where the abovementioned method of calculation leads to an amount of less than 200, the allocation will be established at a level of 200 permits.

'Empty' permits

'Empty' permits will be allocated on the basis of the shares of vehicles registered in the Member States in the transit traffic through Switzerland of vehicles with a laden weight between 7,5 and 28 tonnes.

2. Acceding Member States

'Full-weight' permits

Member States which have concluded bi-lateral agreements with Switzerland (Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland and Slovenia) will receive at least the same number of permits as they would have received under the bi-lateral agreements for the period 1 May 2004 to 31 December 2004 if these agreements had remained in force throughout the whole year 2004.

Cyprus, Malta and Slovakia are allocated permits on the basis of their shares of transport to and from as well as in transit through Switzerland in 2002.

The rest of the permits available for the ten new Member States will be allocated on a pro-rata basis.

'Empty' permits

Given that the Community will receive 5 500 'empty' permits which amounts to 55% of the number of 'full-weight' permits the 'empty' permits will be allocated at this ratio."