Proposal for a Council Regulation amending Regulation (EC) No 3298/94 of 21 December 1994 with regard to the system of ecopoints for heavy goods vehicles transiting through Austria
Date: 2000-06-21
Institutions: European Commission
Subjects: Austria, Union transit, carriage of goods, combustion gases, tradeable emission permit

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.06.2000
COM(2000) 395 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No. 3298/94 of 21 December 1994 with regard to the system
of ecopoints for heavy goods vehicles transiting through Austria

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

PURPOSE AND CONTENTS OF THE DRAFT

a)

GENERAL OBLIGATIONS

The ecopoint system aims to reduce the NOx emissions made by lorries transiting
Austria. It was adopted into EU legislation as Protocol No 9 of the Act of Accession
of Austria1.

Article 11(2)(c) of the Protocol lays down a safeguard clause that cuts the number of
ecopoints available if the number of transit journeys made by lorries in a year
exceeds the base year by more than 8 percent. This happened in 1999 when the
number of transit journeys totalled 1 706 436 trips, which was 14.57% over the base
year figure of 1 490 900 trips.

In accordance with Annex 5, paragraph 3 of the Protocol the average NOx emission
value per lorry for the year 2000 has been calculated. From this the revised total
number of ecopoints for 2000 can be calculated. This total is 9 546 446 ecopoints.
When compared with the normal allocation for 2000 this is a reduction of 2 184 552
ecopoints – equivalent to some 350 000 journeys.

The Commission has already proposed a Regulation that would reduce the total
number of ecopoints. The Committee set up by Article 16 of Protocol No 9 did not
deliver an opinion on the measures provided in the proposal. In accordance with
Article 16(3) the Commission shall without delay submit to the Council a proposal
relating to the measures to be taken.

b)

THE COMMISSION PROPOSAL

The Commission is of the view that a literal interpretation of the Protocol, requiring
this large cut in ecopoints in a single year, would be detrimental to the economy of
the EU as a whole since there would be a grossly insufficient number of ecopoints
available for transit traffic in the last quarter of 2000.

The Commission therefore proposes to spread the cut over the remaining 4-year life
of the ecopoint system, with 30% of the reduction in each of the years 2000 to 2002
and the remaining 10% in 2003. This dynamic interpretation of the Protocol is, in the
view of the Commission, within the spirit of the ecopoint system, since it still
guarantees that the required reduction of emissions will take place.

Protocol No. 9 lays down no guidelines as regards the distribution of the reduction
between the Member States. The Commission has therefore proposed that the burden
should be borne by those Member States whose hauliers have resulted in the 8%
threshold being exceeded.

The 108% threshold was exceeded in 1999 for two reasons. Firstly, there was a
significant increase in the number of transit journeys by hauliers from some Member
States in 1999 compared with 1997. Secondly, in 1999 hauliers from some Member

1

OJ C241 of 29.8.1994, p.361

2

States undertook more than 108% of the base figure of journeys allocated to them in
1991.

The Commission therefore proposes to combine both of these criteria to determine
which Member States should share the reduction in ecopoints between them.

Using this methodology five Member States would be required to have a reduction in
their ecopoint allocation, as follows:

2000 to 2002

2003

Belgium
Germany
Greece

Italy
Austria
EU reserve

TOTAL

- 11 086
- 220 640
- 4 244

- 150 387
- 247 119
- 21 889

- 655 365

- 3 695
- 73 547
- 1 415

- 50 130
- 82 374
- 7 296

- 218 457

Because there is a risk that the 8% threshold is exceeded again in 2000 and that
another punitive cut in ecopoints would not be desirable the Commission proposes
that, exceptionally for 2000, the 108% threshold should be suspended, but that it
should still apply for the years 2001 to 2003.

The proposal also seeks to address the problem of ecopoints that are neither used nor
returned to the EU reserve for redistribution – some 440 000 ecopoints in 1999. The
Commission therefore proposes that when a Member State has more than 2 percent
of its ecopoints remaining unused at the end of the ‘ecopoint year’ (i.e. 31 January)
then an equivalent quantity shall be deducted from that Member State’s ecopoint
quota for the following year and added to the E.U. Reserve.

2.

CONTENTS OF THE PROPOSAL

The following articles are new and will modify the current situation as follows:

Article 1 amends Annex 4 of Protocol No 9 of the Act of Accession of Austria in
order to reduce the total number of ecopoints available in 2000 to 2003.

Article 2 amends Regulation 3298/94 in order to:

-

-

-

permit that the reduction in ecopoints may be spread over 4 years;

modify the distribution key of ecopoints to share the reduction between the
Member States;

exceptionally for the year 2000, suspend the 108% threshold;

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-

-

introduce a sanction against Member States which have a high level of
administrative waste;

have the Commission undertake a study on transalpine combined transport
services.

Article 3 lays down the implementation date of the Regulation.

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Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No. 3298/94 of 21 December 1994 with regard to the system
of ecopoints for heavy goods vehicles transiting through Austria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Act of Accession of Austria, Finland and Sweden2, and in particular
Articles 11(2) and 16 of Protocol 9 thereto,

Acting in accordance with the procedure laid down in the abovementioned Protocol,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Protocol No 9 of the Act of Accession provides for a special regime concerning the
transit of heavy goods vehicles through Austrian territory based on a system of Rights
of Transit (ecopoints). The distribution scale of ecopoints to the Member States is
given by Annex 4 to the Protocol.

Article 11(2)c of Protocol No 9 requires that the Commission shall adopt appropriate
measures in accordance with paragraph 3 of Annex 5 thereto if the number of transit
journeys through Austria requiring Ecopoints in a calendar year exceeds the reference
figure established for 1991 by more than 8%;

Paragraph 3 of Annex 5 to the Protocol lays down rules in order to establish a revised
number of Ecopoints that shall be made available in case that the 1991 reference figure
is exceeded.

The threshold established in the abovementioned Article 11(2)c was exceeded in 1999.
The application of the calculation method laid down by paragraph 3 of Annex 5 will
lead to a reduction of the overall number of available ecopoints.

Because of the desirability of gradually phasing in such a reduction,
is not
reasonable that such a reduction shall occur in two consecutive years (1999 and 2000).
The 8% threshold criteria should not apply in 2000.

it

Bearing in mind that Protocol n°9 must be interpreted in the light of the fundamental
freedoms enshrined in the EC Treaty, it is obvious that the imposition of the whole
reduction of ecopoints solely in 2000 would have the disproportionate effect of
stopping all transit traffic through Austria for some of the year. Such a situation would
jeopardise the free movement of goods and affect the functioning of the Single
Market. As a consequence, the reduction in the total number of ecopoints shall be

2

OJ C241, 29.8.1994, p. 1

5

spread over the four remaining years of the system of rights of transit, namely from the
year 2000 to the year 2003.

(7)

(8)

(9)

Proportionality of the reduction of Ecopoints also requires that those Member States
who contributed most to the 8% threshold being exceeded shall have their allocations
of ecopoints cut to ensure that the total reduction is met. This will require a revision of
the distribution key of ecopoints to the Member States.

To ensure the most efficient use of the available number of Ecopoints, measures shall
be undertaken to further encourage Member States to return unused Ecopoints to the
Commission for redistribution.

More intensive use of rail freight in combined transport, in particular of the "Rollende
Landstrasse", is less environmentally damaging than road freight and has the potential
of relieving the pressure on the number of ecopoints available. Its more efficient use,
inter alia by reviewing the way in which places are reserved, must be urgently
promoted. The effects of such efforts should be monitored.

(10) Annex 4 of Protocol No 9 and Commission Regulation (EC) No 3298/94, as amended
by Commission Regulation (EC) No 1524/96 should be amended accordingly.

(11)

The Committee set up by Article 16 of Protocol No 9 did not deliver an opinion on the
measures provided in the proposal. In accordance with Article 16(3) the Commission
shall without delay submit to the Council a proposal relating to the measures to be
taken.

HAS ADOPTED THIS REGULATION:

Annex 4 of Protocol No. 9 to the Act of Accession of Norway, Austria, Finland and Sweden
is amended as follows:

Article 1

“Year

2000

2001

2002

2003

Percentage of ecopoints

Ecopoints for EU-15

47.0%

45.7%

42.0%

39.1%

Article 2

11 075 633

10 769 402

9 897 822

9 204 031

Regulation (EC) No. 3298/94 is amended as follows:

1.

Article 6(2) 2nd indent is replaced by the following:

“In the circumstances envisaged in Article 11(2)(c) of Protocol No. 9 the number of
ecopoints shall be reduced. The reduction shall be calculated using the method laid
down in point 3 of Annex 5 to the Protocol. The reduction of ecopoints thus
calculated shall be spread over several years.

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Because of the need to phase in such an additional reduction for the first time
midway through 2000 Article 11(2)(c) shall, exceptionally, not apply to that year.”.

2.

The following paragraph is added to Article 7:

“3. Each year the Commission shall note the number of ecopoints allocated to each
Member State that, on 1 February, were valid for use the previous year and remain
unused and were not returned to the Commission in accordance with Article 7(2). If
the quantity not used is greater than 2 percent of a Member State’s allocation of
ecopoints that then the Commission shall subtract an equivalent quantity of ecopoints
from the Member State’s allocation for that year. This quantity of ecopoints shall be
added to the EU Reserve for that year.”

3.

The following Article 14b is added :

Article 14b

The Commission shall monitor the activities undertaken by Austria and other
Member States to improve the level of service provided in combined transport across
the Alps. A first report shall be produced by the Commission in 2001.

4.

Annex D is replaced by the following:

“Annex D

DISTRIBUTION OF ECOPOINTS 2000-2003

2000

3 708 155

3 429 844

1 386 563

934 373

453 485

306 414

234 802

64 309

57 042

37 829

37 829

34 986

9 079

7 566

3 026

2001

3 607 430

3 334 550

1 343 917

909 981

441 536

298 415

228 383

62 630

55 553

36 841

36 841

34 072

8 842

7 368

2 947

2002

3 320 751

3 063 329

1 222 539

840 560

407 528

275 649

210 114

57 852

51 315

34 031

34 031

31 473

8 167

6 806

2 722

Country

I

D

A

NL

GR

DK

B

UK

S

F

LUX

SF

E

IRL

P

2003

3 049 101

2 858 568

1 229 820

750 500

366 239

246 115

193 805

51 654

45 817

30 385

30 385

28 101

7 292

6 077

2 431

EU
RESERVE

TOTAL

370 331

360 096

330 955

307 741

11 075 633

10 769 402

9 897 822

9 204 031

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This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Communities.

Article 3

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

Done at Brussels,

For the Council
The President

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