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Vol. 1984/0 239 
  
 
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concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
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file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27 .9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
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COMMISSION OF THE EUROPEAN COMMUNITIES
COM(84) 643 final  
Brussels, 14 November 1984
SECOND REPORT FROM THE COMMISSION TO THE COUNCIL
Negotiations with Austria in the  
Inland Transport Sector
COM(84) 643 final

Ch s
SECOND REPORT FROM THE COMMISSION TO THE COUNCIL  
Negotiations with Austria in the  
Inland Transport Sector
1. Developments since December 1983
1.1 On the basis of the Commission report on the first round of
1  2  negotiations , the Council, at its meeting in December 1983 ,
gave the following interpretation to the 1981 Directives for
Negotiations3:  a comparative balance sheet of traffic and road
transport charges between the Community and Austria should be drawn
up in the next stage of negotiations covering all economic and
financial aspects. The Council did, however, reserve the right to
take decisions on a possible Community contribution to an
infrastructure project in Austria.
1.2 The 1984 round of negotiations has centred on the preparation of this
balance sheet. In accordance with the Council's
wishes it is based on an existing study by a Swiss institute and a  
supplementary Austrian study.
1.3 On 1  January Austria abolished the most blatant discrimination on the
4Brenner motorway against Community operators (annual toll charges ).  
At the same time it raised the amount of the road tax and tolls by an  
appreciable amount. The Council had noted these intentions in  
December 1983.
^Report by the Commission to the Council (COM (83) 256 final)
^Conclusions of the Council of 20 December 1983 (Council document  
PV/CONS 88 TRANS 92)
3Council Decision of 15 December 1981 (Council document TRANS 186 A-58 t- ELE) 
^Document NEG. AUT/TRANS/84/1 of 13 February 1984.

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1.4 In July the Austrian Government announced its intention of  
introducing a ten-year programme to transfer transit road haulage  
traffic to the raiIways/ using combined road/rail techniques.
Austria intends to fix the rail tariffs for the "Rollende  
Landstrasse" (a form of piggy back transport) at a level which will  
ensure that transport users use rail services without being  
subjected to pressure as far as possible; this will mean a saving  
in road taxes and tolls and fuel.
1.5 On 7 September the Austrian Mission to the European Communities  
sent the Commission a non-paper"* recalling its negotiating position  
and asking the Member States of the European Community to work  
together to improve North-South and North-West/South-East transport  
links. Austria also called on the Community to change course in the  
unproductive discussions which had been held so far on transit  
traffic wishing to see just recompense for the very significant  
services which Austria had so far provided in the transit sector.
2. Outcome of the discussions in Vienna
The Member of the Commission responsible for transport went to Vienna  
on 4 and 5 October, at the Austrian Government's invitation, to discuss  
the situation as regards transport links between the Community and  
Austria and the current negotiations with Mr Sekanina, Minister for  
Public Works, and Mr Lacina, Minister of Transport.
^Annex to document NEG/AUT/TRANS/84/6 of 17 October 1984.

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The visit has shown that Austria
(a) has not dropped its initial request for a financial contribution  
from the Community for the IKPA motorway in principle and this  
request is not affected by the Austrian programme for the carriage  
of transit road haulage by rail;
(b) recognizes that the details of its initial request need to be  
reviewed and adapted in the light of changed circumstances;
(In this connection the Member of the Commission pointed to the  
difficult financial situation of the Community)
(c) provided a suitable response could be found to its financial request,  
was prepared to work closely with the Commission in alt transport  
sectors, particularly that of combined transport, cooperation  
between railways, facilitation of frontier crossings and joint  
efforts to establish a European approach to the problem of paying  
for the use of infrastructure ;
(d) does not rule out the possibility of taking restrictive unilateral  
measures on road transit traffic 'if the Community does not help to  
find a solution to the problems to which it gives rise.
3. Basis for the continuation of negotiations
The following factors should be taken into account in an analysis of  
the present state of negotiations with Austria:
3.1 Because of its geographical position and Switzerland's extremely
restrictive policy on road transit traffic, Austria plays a key role  
for North-South and North-West/South-East traffic within Europe.  
Statistics show that road haulage transit traffic through Austria  
has grown at an astonishing rate highlighting the prime importance
of Austria to the Community :
1971 4.1 million tonnes
1983 18.5 million tonnes (of which 97.3% were carried between two
= + 450% Member States of the Community or
between one Member State and a non-  
Community country)

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By way of comparison it should be noted that rail transit traffic  
increased from 8.1 million tonnes in 1971  
to 9.4 million tonnes in 1983
(an increase of 16%).
3.2 Not only commercial goods traffic but also
passenger traffic (whether it be tourists or workers), particularly  
private cars, have to cross Austrian territory. In 1983, on the  
Brenner, Tauern and IKPA motorways, some six million private
cars crossed Austria in transit and 98% of these journeys were to  
or from a Member State of the Community.
3.3 Road transit traffic creates a number of problems for Austria:
(a) It is concentrated on three main links (Brenner, Tauern and  
the Innkreis-Pyhrn route) which Austria has had to build or  
will have to build on a scale which is to a large extent  
determined by the volume of transit traffic. The balance sheet  
shows that 92% of commercial vehicles and 71% of private cars  
using the Brenner are in transit. Because of the investment
in transit routes, which the Austrian authorities put at over  
50 000 million Schillings (about 3 180 million ECU), Austria  
claims that it has had to defer a number of purely national  
infrastructure investment projects.
(b) Transit traffic causes wear and tear of the infrastructure.  
According to the Commission's calculations it does not account  
for all the costs incurred. This also applies to Austrian  
transit traffic througn the Community.
(c) The volume of heavy goods traffic and the number of private  
cars which varies considerably according to the season also  
contributes to road congestion. This congestion is  
detrimental to transport operations which are to the direct

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benefit of the Austrian economy and an increase in traffic  
density affects the number of accidents.
(d) This traffic also has a detrimental effect on the environment
(air pollution and noise). Tourist areas and local inhabitants  
bear the full brunt of these ill effects. At this stage it is  
impossible to quantify these external costs and they have  
therefore not been included in the balance sheet; they should  
nevertheless be taken into account.
3.4 As regards the comparative balance sheet of traffic and road  
charges it should be noted that:
(a) there is some disagreement on a number of the basic assumptions  
underlying this balance sheet.  Austria is against the  
inclusion of bilateral traffic in the balance sheet since this  
is to the mutual interest of both sides whereas transit traffic  
through Austria is of no value to the Austrian economy. The  
Community has pointed out that wear and tear on roads is not  
determined by the type of traffic (transit or otherwise) but
by the type of vehicle or the'operation it effects.
(b) Some figures are unavailable.
(c) The external costs (pollution, noise, etc.) of transit  
traffic cannot be quantified.
The balance sheet is consequently of relative value and can be  
only one factor to be taken into account in a political  
evaluation of the problems caused by transit traffic through  
Austria and of Austria's request.
3.5 It is in the interest of the Community and its Member States to  
ensure that Austria does not attempt to solve these problems by  
taking unilateral interventionist measures on transit traffic.
3.6 It is over seven years since Austria presented its request for a  
financial contribution by the Community to an infrastructure project  
in Austria. The time has come to respond to this request. Austria  
has made the continuation of negotiations conditional on a  
suitable answer to its request.

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3.7 As negotiations have shown so far, there are many ways in which  
the Community can cooperate with Austria in areas of transport  
policy other than simply on its financial aspects and this  
cooperation may also help to establish transit arrangements to the  
satisfaction of both sides^. One possible way is to provide,  
under the Cooperation Agreement, for collaboration on infrastructure  
including Community financial support for infrastructure projects  
required for combined transport in the Community to the North  
and South of Austria. However, as it made clear to the Member of  
the Commission responsible for transport on his visit to Vienna,  
Austria will not accept this measure as a satisfactory response to  
its request for a financial contribution.
3.8 In view of the Community's present financial situation and the  
state of negotiations, it is impossible for the Council in the  
immediate future to set a definite financial contribution for any  
infrastructure project in Austria. There is however, a second  
alternative which is to include in the balance sheet of traffic  
and road charges compensation to Austria for transit traffic which  
passes through its territory. This would mean that the Community  
would recognize - at the end of negotiations and under a
.Cooperation Agreement - the principle of a financial contribution  
by the Community to an infrastructure project in Austria for  
transit traffic. The choice of project, the amount and other  
conditions of this financial contribution would be the subject of  
a specific agreement to be negotiated later and which would be in  
line with the Community’s transport infrastructure investment  
programme.
6.In fact it concerns all the subjects included in the negotiating Directives.  
In addition the Community is negotiating a multilateral agreement with a  
number of countries incluidng Austria on some aspects of combined  
transport.

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4. Cone Lusion
4.1 The Community has two alternatives:
(a) either it rejects Austria's request and accept responsibility  
for the consequences. The breaking off of current  
negotiations could in fact lead to the introduction of new  
unilateral measures by Austria.
(b) or it gives political recognition to the principle of a  
financial contributicn by the Community and modifies the  
Di rectivesfor Negotiations accordingly along the lines  
described above. This solution, in which the possibility of  
expenditure in Community countries which will facilitate transit  
Through Austria should of course also be an important part, will  
ensure continuation of the negotiations. The risk of  
unilateral measures would be reduced by establishing a  
system of cooperation in the transport sector and by a clause  
by which Austria would undertake not to adopt unilateral  
"restrictive" measures on transport.
4.2 It is recalled that the Commission has already declared in 1980,  
1981 and 1983 in favour of a financial contribution by The 
Community to an infrastructure project in Austria^.
7,Communication from the Commission to the Council dated 11 April 1980,  
(COMC80) 86 final)
Communication from the Commission to the Council dated 11 May 1981, 
(COM(81) 139 final, and
Report from the Commission to the Council dated 20 May 1983,
(C0MC83) 256 final)