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

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road [1] stipulates in Article 11 that a system of ecopoints equivalent to that provided for by Protocol 9 to the Act of Accession of Austria to the European Union will apply to Swiss operators in transit through Austria within the limits of validity of this Protocol.

[1] OJ L 114, 30.4.2002, p. 91.

2. Protocol 9 to the Act of Accession of Austria, Finland and Sweden to the European Union [2] on road, rail and combined transport in Austria establishes a special scheme for heavy goods vehicles in transit through Austria. Article 11(2)(a) stipulates that the system of ecopoints will expire on 31 December 2003.

[2] OJ C 241, 29.8.1994.

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

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

4. Currently, Switzerland is participating in the system of ecopoints on the basis of a bilateral agreement between Austria and Switzerland. This scheme will end on 31 December 2003. In accordance with Article 11 of the Agreement on land transport (see point 1 above), Switzerland must be part of the new transitional system of ecopoints established by this Regulation for the transit of heavy goods vehicles through Austria. For reasons of equality of treatment and continuity of international commitments undertaken by the Community and Switzerland, the new transitional system of ecopoints should be applied to Switzerland from 1 January 2004.

5. The Community should therefore now open negotiations with Switzerland on an administrative arrangement which will ensure that Switzerland participates in the new transitional points system.

6. Given the short timescale in which the administrative arrangement must be applied (from 1 January 2004), the Commission calls on the Council to pronounce, at the same time, on the recommendation for negotiations and the proposals for Council decisions on the signature, provisional application and conclusion of the administrative arrangement. It therefore submits the relevant recommendation and proposals for decisions to the Council.

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

THE COUNCIL OF THE EUROPEAN UNION

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

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

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

Whereas:

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

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

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

HAS DECIDED AS FOLLOWS:

Article 1

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

The text of the Agreement is attached to this Decision.

Article 2

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

Article 3

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

Done at Brussels,

For the Council

The President