Proposal for a COUNCIL DECISION concerning the conclusion of an Additional Protocol to the Agreement between the European Community and the Republic of Slovenia in the field of Transport
Date: 1996-10-31
Institutions: European Commission
Subjects: Slovenia, Union transit, agreement (EU), commercial vehicle, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.10.1996 
COM(96) 544 final 

96/0261  (CNS) 

Proposal  for  a 

COUNCIL  DECISION 

concerning  the  conclusion  of  an Additional  Protocol  to  the  Agreement  between  the 
European  Community  and the  Republic  of  Slovenii  in  the  field  of  Transport 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

1.  On  29 June  1995, the  Council  authorised  the  Commission  to  open  negotiations  with 
Slovenia with a view to concluding an Additional Protocol to the Transport  Agreement 
with  the  aim  of  ensuring,  as  from  Austrian  accession  to  the  European  Union,  non 
discriminatory treatment  between  Community  and  Slovenian  heavy goods vehicles  in 
transit  through  Austria. 

2.  On  the  basis  of  these  negotiating  directives,  negotiations  started  on  19 July  1995 and 
concluded  on  18 December  1995  in  Brussels.  Due  to  long  internal  requirements  in 
initialling  procedures,  Slovenia  was  ready  to  initial  the  Additional  Protocol  on 
9 July  1996  only. 

3.  After  a transitional period, terminating on 31 December  1996, the Additional  Protocol 
provides  for  the application  to  Slovenian transit  traffic  through  Austria  of a system of 
ecopoints  equivalent  to  that  laid  down  in  Protocol  No.  9 to  the  Act  of  Accession  of 
Austria,  Finland  and  Sweden  to  the  European  Union. 

It  includes  the  adoption  of  appropriate  measures  if  any  discriminatory  effects  of  the 
regime  applicable  during the  transitional  period  were  identified  by  31 July  1996. 

The  Protocol  will  be concluded  for  a period  ending  on  31 December  2003. 

4.  The  Commission  invites the  Council to  approve the results of the negotiations  and  to 
initiate the  conclusion  procedure.  Accordingly,  it  hereby  submits to  the  Council  this 
proposal  for  a  Council  decision  on  the  conclusion  of  an  Additional  Protocol  to  the 
Agreement between the European Community  and the Republic of Slovenia in the field 
of  Transport. 

Z 

PROPOSAL  FOR  A  COUNCIL  DECISION 

concerning  the  conclusion  of  an Additional  Protocol  to  the  Agreement  between  the 
European  Community  and the  Republic  of  Slovenia  in the  field  of  Transport 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  75  in  conjunction  with  the  first  sentence  of  Article  228  (2)  and  the  first 
subparagraph  of  Article  228  (3)  thereof, 

Having  regard to  the proposal  from the  Commission, 

Having  regard to  the  opinion  of  the European  Parliament, 

Whereas the Agreement  between the European Community  and the Republic of Slovenia 
in  the  field  of  Transport,  signed  on  5 April  1993, and in  particular  Article  12.2  thereof, 
gives  unrestricted  access  for  Slovenian  heavy  goods  vehicles  for  transit  through  the 
Community, 

Whereas  Protocol  No.  9  on  road,  rail  and combined  transport  in  Austria  to  the  Act  of 
Accession  of  Austria,  Finland  and  Sweden  to  the  European  Union,  and  in  particular 
Articles  11 and 14 thereof, establishes a special regime for Community heavy goods vehicles 
in transit through  Austria, 

Whereas it is necessary to ensure non-discriminatory  treatment  between  Community  and 
Slovenian  heavy  goods vehicles  in transit through  Austria  as from  1  January  1995, 

Whereas the Additional Protocol to the Agreement between the European Community and 
the Republic of Slovenia in the field of Transport, signed in Brussels on 
1996, 
should  be approved, 

HAS  DECIDED  AS FOLLOWS: 

Article 1 

The  Additional  Protocol  to  the  Agreement  between  the  European  Community  and the 
Republic  of  Slovenia  in  the  field  of  Transport  is  hereby  approved  on  behalf  of  the 
Community.  The text  of the Protocol  is annexed to this Decision. 

Article  2 

The  President  of  the  Council  shall,  on  behalf  of  the  Community,  give  the  notification 
provided for  in Article 3 of the  Protocol. 

Done  at Brussels, 

For the Council 

m * - *. 

ADDITIONAL  PROTOCOL  TCFTHFAGREEMENT  BETWEEN  THE 
EUROPEAN  COMMUNITY  A ND  THE  REPUBLIC  OF  SLOVENIA  IN  THE 
FIELD  OF  TRANSPORT 

T HE  E U R O P E AN  COMMUNITY  on  the  one  part, 
and  T HE  REPUBLIC  OF  SLOVENIA  on  the  other  part, 

HAVING  REGARD  to  the  Agreement  between  the  European  Community  and  the 
Republic  of  Slovenia  in  the  field  of  Transport,  signed  on  5 April  1993,  and  in  particular 
Article  12.2  thereof, 

H A V I NG  REGARD  to  Protocol  No.  9  to  the  Act  of  Accession  of  Austria  to  the 
European  Union,  and  in  particular  Articles  11 and  14  thereof, 

CONSIDERING 
that  it  is  necessary  to  ensure  non-discriminatory  treatment  between 
Community  and  Slovenian  heavy  goods  vehicles  in  transit  through  Austria  as  from 
1  January  1995, 

CONSIDERING  that  an  appropriate  transitional  period  will  allow  time  for  adjustment  to 
new  provisions  which  prove  necessary. 

HAVE  AGREED  AS  FOLLOWS: 

Article  1 

With  regard  to  Slovenian  transit  traffic  through  the  Community,  the  provisions  of 
Article  12  shall  be  completed  by  the  addition  of  a new  paragraph  2bis  to  read  as  follows: 

"2bis.  By  derogation  to  paragraph  2,  the  following  provisions  will  apply  to  Slovenian 
transit  traffic  through  Austria: 

1.  For  a period  from  1 January  1995 to  31 December  1996, a régime  for  Slovenian  transit 
identical  to  that  resulting  from  the  bilateral  agreement  between  Austria  and  Slovenia, 
signed  on  4  December  1993, will  be  maintained. 

2.  Notwithstanding  paragraph  1,  and  not 

the  Joint 
Community/Slovenia  Transport  Committee  provided  for  in  Article  22 recognises  that 
the  régime  resulting  from  paragraph  1 leads to  discrimination  between  Slovenian  heavy 
goods  vehicles  and  EC  heavy  goods  vehicles  in  transit  through  Austria,  appropriate 
measures  will  be  taken. 

than  31 July  1996, 

later 

if 

3.  With  effect  from  1 January  1997,  a system  of  ecopoints  equivalent  to  that  laid  down 
by  Article  11  of  Protocol  No.  9  to  the  Act  of  Accession  of  Austria  to  the  EU  will 
apply.  The  method  of  calculation  and  the  detailed  rules  and  procedures  for  the 
management  and  control  of  the  ecopoints  will  be  agreed  in  good  time  by  means  of  an 
exchange  of  letters  between  the  Contracting  Parties  and  will  be  in  line  with  the 
provisions  of  Articles  11 and  14.2  of  the  above-mentioned  Protocol  No.  9." 

V 

1.  This  Protocol  shall  apply  until  31 December 2003. 

Article 2 

2.  If the Council of the European Union takes a decision on the basis of paragraphs 3 or 
4 of Article  11 of the above-mentioned Protocol No.  9, the Joint Community/Slovenia 
Transport  Committee  shall decide  on the  modalities  of  applying the  régime resulting 
from  this  decision to  Slovenian transit traffic  through Austria. 

Article 3 

1.  This  Protocol  is drawn up  in two  copies  in  each of  the following  languages: Danish, 
Dutch, English, French, Finnish, German, Greek, Italian, Portuguese, Spanish, Swedish 
and Slovenian,  each text  being equally  authentic. 

2.  This  Protocol  shall  be  concluded  in  accordance  with  the  Contracting  Parties'  own 
procedures.  It  shall  enter into  force  as soon  as the  Contracting  Parties have  notified 
one  another  of  the completion  of  the procedures necessary for that purpose. 

3.  This Protocol  shafl  apply  with effect  from  1 January  1995. 

DECLARATION  ON  ARTICLE  1, PARAGRAPH  3 

The  Community  delegation  undertook  to  associate Slovenia closely  with  the  work  being 
undertaken  in the Community,  in accordance with Article  11 of Protocol No.  9 to the Act 
of  Accession  of  Austria,  to  implement  an  electronic  control  system  for  the  ecopoints 
system. 

Both  delegations  agreed  that,  in  calculating  Slovenia's  ecopoints,  while  1991 shall  be  the 
base  year,  due  account  will  be  taken  of  the  particular  circumstances  which  affected 
Slovenian  transit  traffic  in that  year.  Technical  meetings  between  the parties  will  be held 
as early  as possible  in  1996 in  order  to  begin  work  on  this  issue. 

ISSN 0254-1475 

COM(96) 544  final 

DOCUMENTS 

EN 

07  11 

Catalogue number  :  CB-CO-96-55G-EN-C 

ISBN 92-78-10752-2 

Office  for Official  Publications of the European Communities 

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