Council Regulation (EC) No 2012/2000 of 21 September 2000 amending Annex 4 to Protocol No 9 to the 1994 Act of Accession and Regulation (EC) No 3298/94 with regard to the system of ecopoints for heavy goods vehicles transiting through Austria
Date: 2000-09-21
Institutions: Council of the European Union
Subjects: Austria, EU Member State, road transport, tradeable emission permit, transit

L 241/18

EN

Official Journal of the European Communities

26.9.2000

COUNCIL REGULATION (EC) No 2012/2000

of 21 September 2000

amending Annex 4 to Protocol No 9 to the 1994 Act of Accession and Regulation (EC) No 3298/94
with regard to the system of ecopoints for heavy goods vehicles transiting through Austria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Articles 11(2) and
16 of Protocol No 9 thereto,

Acting in accordance with the procedure laid down in Protocol No 9,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Protocol No 9 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 the Commission to adopt appropriate measures in
accordance with paragraph 3 of Annex 5 thereto if the number of transit journeys through Austria
requiring ecopoints in any 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 the 1991 reference figure is exceeded.

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

Protocol No 9 must be applied in accordance with the fundamental freedoms established by the
Treaty. It is therefore imperative to take measures which are capable of ensuring the free movement
of goods and the full functioning of the internal market.

To impose the whole reduction of ecopoints solely in 2000 would have the disproportionate effect
of stopping, to all intents and purposes, transit traffic through Austria. As a result, the reduction in
the total number of ecopoints should be spread over the years 2000 to 2003.

Proportionality of the reduction of ecoponts also requires that those Member States who contributed
most to the 8 % threshold being exceeded should have their allocations of ecopoints cut to ensure
that the total reduction is met. This calls for 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
further to encourage Member States to return unused ecopoints to the Commission for redistribu-
tion.

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, should be urgently promoted. The effects of such efforts should be monitored.

(10) Annex 4 to Protocol No 9 and Commission Regulation (EC) No 3298/94 (1) should be amended

accordingly.

(1) OJ L 341, 30.12.1994, p. 20. Regulation as amended by Commission Regulation (EC) No 1524/96 (OJ L 190,

31.7.1996, p. 13).

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Official Journal of the European Communities

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(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) of Protocol No 9 the Commission shall
without delay submit to the Council a proposal relating to the measures to be taken,

HAS ADOPTED THIS REGULATION:

Article 1

Annex 4 to Protocol No 9 to the Act of Accession of Austria, Finland and Sweden shall be amended as
follows:

‘Year

(1)

2000

2001

2002

2003

Percentage of eopoints

Ecopoints for EU-15

(2)

48,5 %

47,2 %

43,5 %

39,6 %

Article 2

(3)

11 428 150

11 121 897

10 250 317

9 321 531’

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

1. The second subparagraph of Article 6(2) shall be replaced by the following:

‘In the circumstances provided for 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
Protocol No 9. The reduction of ecopoints thus calculated shall be spread over several years.’

2. The following paragraph shall be 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 paragraph 2. If the quantity not used is greater than 2 % of a
Member State's allocation of ecopoints, 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 shall be 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

Country

2000

2001

2002

2003

I

D

A

NL

GR

DK

B

3 789 047

3 548 525

1 519 487

934 373

455 749

306 414

240 765

3 688 365

3 453 294

1 476 911

909 981

443 800

298 415

234 349

3 401 686

3 182 073

1 355 433

840 560

409 792

275 649

216 080

3 076 080

2 898 150

1 274 152

750 500

366 994

246 115

195 793

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Official Journal of the European Communities

26.9.2000

Country

2000

2001

2002

2003

UK

S

F

LUX

SF

E

IRL

P

64 309

57 042

37 829

37 829

34 986

9 079

7 566

3 026

62 630

55 553

36 841

36 841

34 072

8 842

7 368

2 947

57 852

51 315

34 031

34 031

31 473

8 167

6 806

2 722

51 654

45 817

30 385

30 385

28 101

7 292

6 077

2 431

RESERVE EU

382 105

371 688

342 547

311 605

TOTAL

11 428 150

11 121 897

10 250 317

9 321 531’

This Regulation shall enter into force on the day 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, 21 September 2000.

For the Council

The President

H. VÉDRINE