Amended proposal for a European Parliament and Council Regulation on the distribution of permits for heavy goods vehicles travelling in Switzerland
Date: 2000-02-29
Institutions: European Commission
Subjects: Switzerland, commercial vehicle, transit, transport authorisation, weights and measures

C 248 E/108

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Official Journal of the European Communities

29.8.2000

Amended proposal for a European Parliament and Council Regulation on the distribution of
permits for heavy goods vehicles travelling in Switzerland (1)

(2000/C 248 E/06)

(Text with EEA relevance)

COM(2000) 117 final (cid:151) 1999/0022(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 1 March 2000)

(1) OJ C 114, 27.4.1999, p. 4.

The proposal made by the Commission in COM(1999) 35 final (cid:151) COD 1999/0022 is hereby amended as
follows

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community and, in particular, Article 75 thereof,

Having regard to the Treaty establishing the European
Community and, in particular, Article 71 thereof,

Having regard to the proposal from the Commission,

Unchanged

Having regard to the opinion of
Committee,

the Economic and Social

Acting in accordance with the procedure laid down in article
189c of the Treaty,

Acting in accordance with the procedure referred to in Article
251 of the Treaty,

Whereas:

Unchanged

Having regard to the opinion of the Committee of the Regions,

(1) By Council Decision No . . . the European Community has
concluded an Agreement with the Confederation of Swit-
zerland on the transport of goods and passengers by rail
and road.

(2) That Agreement provides for a system of permits to allow
heavy goods vehicles to circulate on Swiss territory with
weights in excess of
that normally permitted in that
country.

(3) That Agreement also provides for a system of permits for
empty and light goods vehicles to circulate on Swiss
territory at reduced charges.

(4) It is necessary to establish rules governing the distribution
and management of the permits which are made available
to the Community.

(5) For practical and management reasons,

those permits
should be made available to the Member States by the
Commission.

(6) To that end, an allocation method should be established.
the
in

Thereafter,
should share out
amounts allocated to them among undertakings
accordance with objective criteria.

the Member States

(7) In order to ensure the optimal use of permits, all unal-
located permits should be returned to the Commission for
redistribution.

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Official Journal of the European Communities

C 248 E/109

INITIAL PROPOSAL

AMENDED PROPOSAL

(8) The allocation of permits should be based on criteria that
take full account of existing transport flows across the
Alpine region.

(8) The allocation of permits should be based on criteria that
take full account of existing freight transport flows and
genuine transport needs across the Alpine region.

(9) That allocation may have to be revised in the light of new
In carrying out such revisions, the

statistical evidence.
Commission shall be assisted by a Committee.

(10) Implementing measures have to be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
exercise of
laying
implementing powers conferred on the Commission (1),

down the procedures

the

for

HAVE ADOPTED THIS REGULATION:

Unchanged

Article 1

for

This Regulation lays down the rules
the distribution
between the Member States of permits available to the
Community by virtue of Articles 8 and 40(3)(b) of
the
Agreement between the European Community and the Confed-
transport of goods and
eration of Switzerland on the
passengers by rail and road (hereinafter referred to as (cid:145)The
Agreement(cid:146)).

Article 2

For the purposes of this Regulation:

1.

2.

(cid:145)full-weight permit(cid:146) shall mean a permit issued under Article
8 of the Agreement allowing goods vehicles to circulate on
Swiss territory at weights up to a maximum of 40 tonnes;

(cid:145)empty permit(cid:146) shall mean a permit issued under Article 40
of the Agreement allowing goods vehicles that are empty or
are transporting light loads, as defined in Annex 11 to the
Agreement, to circulate on Swiss territory at a special tariff,
as laid down in Article 40 of the Agreement.

Article 3

The Commission shall allocate permits in accordance

1.
with paragraphs 2 to 5.

The full-weight permits shall be allocated in accordance

2.
with Annex I.

The empty permits shall be allocated in accordance with

3.
Annex II.

The permits for each year shall be allocated before 15

4.
November of the preceding year.

The permits for each year shall be allocated before 15

4.
August of the preceding year.

___________
(1) OJ C 114, 27.4.1999, p. 4.

C 248 E/110

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Official Journal of the European Communities

29.8.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

5.
The number of permits allocated for the first year of
implementation of the Agreement shall be adjusted pro rata if
the Agreement has entered into force after 1 January of that
year.

Unchanged

Article 4

Member States shall distribute permits amongst
the under-
takings established in their territory according to objective
and non-discriminatory criteria.

Article 5

Before 15 November each year, Member States shall transfer to
the Commission those permits for that year which have not
been allocated to undertakings.

Before 15 September each year, Member States shall transfer to
the Commission those permits for that year which have not
been allocated to undertakings.

The Commission shall allocate those permits in accordance
with the procedure laid down in Article 7 to one or more
Member States in order to ensure an optimal use of those
permits.

Unchanged

Article 6

The Commission shall carry out a detailed survey before 1
to provide accurate statistics on
January 2000 in order
bilateral and transit traffic flows of heavy goods vehicles in
the Alpine region, notably as regards the origin and destination
of the vehicles and their Member State of registration.

On the basis of the survey, the Commission shall recalculate
the allocations in accordance with the methodology laid down
in Annex III.

Should the recalculation result in an allocation for any Member
State which differs from that set out in Annexes I and II by
more than 5 %, but by at least 500 permits, any amendments
necessary to adapt Annexes I and II shall be adopted in
accordance with the procedure laid down in Article 7.

Article 7

The Commission shall be assisted by a Committee composed of
the representatives of the Member States and chaired by the
representative of the Commission.

The Commission shall be assisted by a Committee
1.
composed of the representatives of the Member States and
chaired by the representative of the Commission.

Deleted

to be

the measures

the Commission shall submit

The representative of
to the
taken. The
Committee a draft of
Committee shall deliver its opinion on the draft within a
time-limit which the chairman may lay down according to
the urgency of the matter. The opinion shall be delivered by
the majority laid down in Article 148(2) of the Treaty in the
case of decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the represen-
tatives of the Member States within the Committee shall be
weighted in the manner
in that Article. The
Chairman shall not vote.

set out

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Official Journal of the European Communities

C 248 E/111

INITIAL PROPOSAL

AMENDED PROPOSAL

The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the Committee.

the measures envisaged are not

If
in accordance with the
opinion of the Committee, or if no opinion is delivered, the
Commission shall, without delay, submit
to the Council a
proposal relating to the measures to be taken. The Council
shall act by a qualified majority.

If, on the expiry of a period of three months from the date of
referral to the Council, the Council has not acted, the proposed
measures shall be adopted by the Commission.

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply,
in compliance with Article 7(3) and Article 8
thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be three months.

The European Parliament

4.
shall be informed by the
Commission of Committee proceedings on a regular basis,
pursuant to Article 7(3) of the Decision. The principles and
conditions on public access to documents applicable to the
Commission shall apply to the Committee

Article 8

Unchanged

This Regulation shall enter into force on the same day as the
Agreement.

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

C 248 E/112

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Official Journal of the European Communities

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ANNEX I

Scale for allocating full-weight permits

The quantity of full-weight permits as laid down in Article 8 of the Agreement shall be allocated by the Commission to
the Member States as follows:

Full weight permits available in years

Member State

2000

2001 and 2002

2003 and 2004

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

16 609

2 919

88 378

1 882

3 772

38 490

1 963

50 349

3 342

19 477

9 588

1 710

3 035

3 193

5 293

19 930

3 231

107 472

1 966

4 272

46 620

2 065

61 085

3 747

23 428

11 365

1 756

3 372

3 565

6 127

26 571

3 854

145 660

2 134

5 271

62 879

2 269

82 557

4 556

31 329

14 920

1 848

4 047

4 309

7 795

Total

250 000

300 000

400 000

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C 248 E/113

ANNEX II

Scale for allocating empty permits

The quantity of empty permits as laid down in Article 40 of and Annex 11 to the Agreement shall be allocated by the
Commission to the Member States as follows:

Empty permits available annually

Member States

2000-2004

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

14 718

2 750

62 788

6 160

1 584

10 714

198

85 448

2 200

22 968

1 760

264

836

550

7 062

Total

220 000

C 248 E/114

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Official Journal of the European Communities

29.8.2000

ANNEX III

Methodology for determining the allocation of permits

The allocation of the permits shall take place on the basis of the following methodology:

Full-weight permits

A basic allocation of 1 500 permits will be made to each Member State.

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

Bilateral traffic

The allocation will take place on the basis of the shares of heavy vehicles registered in the Member States in bilateral
road 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 States in the total
number of diverted kilometres in north-south 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 to take into account border
delays and road traffic conditions by means of an addition of 60 kilometres.

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

Empty permits

The 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.

The figures in Annexes I and II are based on the above methodology, available statistics and a number of assumptions
where no statistics were available. The available statistics and the assumptions will be replaced by the results of the
survey when the Commission recalculates Annexes I and II.

Survey

The survey will generate the following data:

The origin and destination and the Member State of registration of the vehicle of a representative sample of trans-Alpine
transit traffic by vehicles with a laden weight above 28 tonnes, via the Brenner and the Mt Blanc tunnel.

The origin and destination and the Member State of registration of the vehicle of a representative sample of bilateral
traffic by vehicles with a laden weight between 7,5 and 28 tonnes with origin or destination in Switzerland.

The Member State of registration of the vehicle of a representative sample of transit traffic journeys by road through
Switzerland of vehicles with a laden weight between 7,5 and 28 tonnes.