Proposal for a Council Decision concerning the conclusion of an agreement in the form of an exchange of letters between the European Community and the former Yugoslav Republic of Macedonia concerning the system of ecopoints to be applied to transit traffic of the former Yugoslav Republic of Macedonia through Austria
Date: 2002-07-23
Institutions: European Commission
Subjects: Austria, North Macedonia, agreement (EU), management, road transport, tradeable emission permit, transit

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Proposal for a Council Decision concerning the conclusion of an agreement in the form of an
exchange of letters between the European Community and the former Yugoslav Republic of
Macedonia concerning the system of ecopoints to be applied to transit traffic of the former
Yugoslav Republic of Macedonia through Austria

(2003/C 20 E/12)

COM(2002) 418 final — 2002/0188(CNS)

(Submitted by the Commission on 23 July 2002)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
in conjunction
Community, and in particular Article 71(1)
with Article 300(2),
first sentence and
first subparagraph,
Article 300(3), first subparagraph thereof,

Having regard to the proposal from the Commission,

(3) This Agreement has been signed on behalf of

the
Community on . . ., subject to its possible conclusion at a
later date in accordance with Decision. . . of the Council
of . . .

(4) This Agreement should be approved,

Having regard to the opinion of the European Parliament,

HAS DECIDED AS FOLLOWS:

Whereas:

Article 1

(1) The Agreement between the European Community and the
former Yugoslav Republic of Macedonia in the field of
transport (1), and in particular Article 12, paragraph 3(b)
thereof, establishes that a system of ecopoints equivalent to
that laid down by Article 11 of Protocol 9 to the Act of
Accession of Austria, Finland and Sweden to the European
Union shall apply.

(2) The Commission has negotiated on behalf of

the
Community an Agreement in the form of an exchange of
letters between the European Community and the former
Yugoslav Republic of Macedonia establishing the method of
calculation and the detailed rules and procedures for the
management and control of the ecopoints.

The Agreement in the form of an exchange of letters between
the European Community and the former Yugoslav Republic of
Macedonia concerning the system of ecopoints to be applied to
transit traffic of the former Yugoslav Republic of Macedonia
the
through Austria
Community.

is hereby approved on behalf of

The text of the exchange of letters is annexed to this Decision.

Article 2

This Decision shall be published in the Official Journal of the
European Communities.

(1) OJ L 348, 18.12.1997, p. 170.

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AGREEMENT

in the form of an exchange of letters between the European Community and the former Yugoslav
Republic of Macedonia concerning the system of ecopoints to be applied to transit traffic of the
former Yugoslav Republic of Macedonia through Austria as from 1 January 1999

A. Letter from the European Community

Sir,

I have the honour to inform you that, following negotiations between the delegation of the former
Yugoslav Republic of Macedonia and the delegation of the European Community, in accordance with
the provisions of Article 12, paragraph 3(b) of the Agreement between the European Community and the
former Yugoslav Republic of Macedonia in the field of Transport, the following has been agreed:

1. Ecopoints (Rights of Transit)

for heavy goods vehicles from the former Yugoslav Republic of

Macedonia transiting through Austria are allocated in the following way:

for 1999: 57 401 ecopoints

for 2000: 55 079 ecopoints

for 2001: 53 641 ecopoints

for 2002: 49 549 ecopoints

for 2003: 44 240 ecopoints

Additional ecopoints are allocated for users from the former Yugoslav Republic of Macedonia of the
‘Rollende Landstraße’ up to a maximum of 50 % of the total number of ecopoints for the year, as
follows

for 1999: 28 700 ecopoints

for 2000: 27 540 ecopoints

for 2001: 26 820 ecopoints

for 2002: 24 775 ecopoints

for 2003: 22 120 ecopoints

Ecopoints for Rollende Landstraße users shall be allocated to the former Yugoslav Republic of Mace-
donian authorities, on the basis of ecopoints for two road journeys for every two round trips made on
RoLa.

The Austrian company for combined transport, Ökombi, will regularly provide each month monthly
information to the Ministry of Transport and Communications of the former Yugoslav Republic of
Macedonia concerning former Yugoslav Republic of Macedonia users of combined train in transit
through Austria.

The ecopoints system will be implemented from 1 January 2002.

Transit journeys made in the circumstances listed in Annex A or under ECMT authorisations shall be
exempt from the ecopoints system.

2. The driver of a heavy goods vehicle from the former Yugoslav Republic of Macedonia on the territory
of Austria shall carry, and shall make available for inspection at the request of the supervisory
authorities, either:

(a) a duly completed standard form or an Austrian certificate confirming payment of the ecopoints for

the journey in question, modelled on Annex B, hereinafter referred to as ‘the ecocard’; or

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(b) an electronic device, fitted to the motor vehicle which enables the automatic debiting of ecopoints,

hereinafter referred to as ‘the ecotag’; or

(c) appropriate documentation to demonstrate that an ecopoint-free transit journey, as defined in

Annex A or under ECMT authorisation is being made; or

(d) appropriate documentation to demonstrate that a non-transit journey is being made, and when the

vehicle is fitted with an ecotag, the ecotag is set for this purpose.

The competent Austrian authorities shall issue the ecocard against payment of the cost of production
and distribution of ecopoints and ecocards.

3. Ecotags shall be manufactured, programmed and installed in accordance with the general technical
specifications laid down in Annex C. The Ministry of Transport and Communications of the former
Yugoslav Republic of Macedonia is authorised to approve, programme and install the ecotags.

The ecotag shall be programmed to contain information on the country of registration and the NOx
value of the motor vehicle, as stated in the conformity of production (COP) document, as defined in
paragraph 4.

The ecotag shall be affixed to the windscreen of the motor vehicle. It shall be positioned in accordance
with Annex D. It shall be non-transferable.

4. The driver of a heavy goods vehicle from the former Yugoslav Republic of Macedonia registered on or
after 1 October 1990 shall also carry, and produce upon request, a COP document, modelled on
Annex E, as evidence of the NOx emissions of that vehicle. Heavy goods vehicles first registered before
1 October 1990 or in respect of which no document is produced shall be assumed to have a COP
value of 15,8 g/kWh.

5. The Ministry of Transport and Communications of the former Yugoslav Republic of Macedonia is

authorised to issue the documents and ecotags referred to in points 2 to 4.

6. Unless the vehicle is using an ecotag, the requisite number of ecopoints shall be affixed to the ecocard
and cancelled. The ecopoints shall be cancelled by signing in such a way that the signature extends
over both the ecopoints and the form to which they have been affixed. A rubber stamp may be used
instead of a signature.

An ecocard, bearing the requisite number of ecopoints shall be handed to the supervisory authorities
of Austria, who will hand back a copy with the proof of payment.

If the vehicle is fitted with an ecotag, upon confirmation of its undertaking a transit journey requiring
ecopoints, a number of ecopoints, equivalent to the NOx emission information stored in the ecotag of
the vehicle, shall be deducted from the total of ecopoints allocated to the former Yugoslav Republic of
Macedonia. This shall be done by infrastructure provided and operated by the Austrian authorities.

For vehicles fitted with ecotags that are making bilateral journeys they must set the ecotag to demon-
strate that a non-transit journey is being made prior to entering Austrian territory.

In the case where an ecocard is used and where a tractor unit is switched during a transit journey, the
proof of payment on entry shall remain valid and be retained. Where the COP value of the new
tractor unit exceeds that indicated on the form, additional ecopoints, affixed to a new card, shall be
cancelled on leaving the country.

7. Continuous journeys which involve crossing the Austrian frontier once by train, whether by conven-
tional rail transport or in a combined transport operation, and crossing the frontier by road before or
after crossing by rail, shall be regarded not as transit of goods by road through Austria but as bilateral
journeys.

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Continuous transit journeys through Austria using the following rail terminals shall be deemed as
bilateral journeys:

Fürnitz, Villach Süd, Sillian, Innsbruck/Hall, Brennersee, Graz.

8. Ecopoints shall be valid between 1 January of the year for which they are attributed and 31 January of

the following year.

9. Infringements of this agreement by a driver of a heavy goods vehicle from the former Yugoslav
Republic of Macedonia or an undertaking shall be prosecuted in accordance with the national legis-
lation in force.

The Commission and the competent authorities of Austria and the former Yugoslav Republic of
Macedonia shall, each within the limits of their jurisdiction, provide each other with administrative
assistance in investigating and prosecuting these infringements, in particular by ensuring that ecocards
and ecotags are correctly used and handled.

Controls may be carried out at a point other than the border, at the discretion of the European
Community Member State, with due regard to the principle of non-discrimination.

10. The Austrian supervisory authorities may, having due regard to the principles of proportionality, take
appropriate measures if a vehicle is fitted with an ecotag and at least one of the following situations
occur:

(a) the vehicle or the operator of the vehicle has repeatedly committed infringements;

(b) there are insufficient ecopoints remaining in the allocation of the former Yugoslav Republic of

Macedonia;

(c) the ecotag has been tampered with or has been changed by a party other than those authorised in

Point 3.

(d) the former Yugoslav Republic of Macedonia has not allocated sufficient ecopoints for the vehicle

to make a transit journey;

(e) the vehicle does not have appropriate documentation in accordance with paragraphs (c) or (d) of
Point 2 to justify why the ecotag has been set to demonstrate that a non-transit journey is being
made on Austrian territory;

(f) when the ecotag specified in Annex C is not loaded with sufficient ecopoints to make a transit

journey.

The Austrian supervisory authorities may, having due regard to the principle of proportionality, take
appropriate measures if a vehicle is not fitted with an ecotag and at least one of the following
situations occurs:

(a) an ecocard is not presented to the supervisory authorities in accordance with the provisions of this

agreement;

(b) an ecocard is presented which is incomplete or incorrect, or where the ecopoints are not correctly

affixed;

(c) the vehicle does not possess the appropriate documentation to justify that it does not need

ecopoints.

11. The printed ecopoints which are intended for affixing to ecocards shall be made available each year

before 1 November of the preceding year.

12. In the case of vehicles registered before 1 October 1990 which have had a change of engine since this
date, the COP value of the new engine shall apply. In such a case the certificate issued by the
appropriate authority shall mention the change of engine and give details of the new COP value
for NOx emissions.

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13. A transit journey shall be exempt from the payment of ecopoints if the following three conditions are

met:

(i) the sole purpose of the journey is to delivery a brand new vehicle, or vehicle combination, from

the manufacturers to a destination in another State;

(ii) no goods are transported on the journey;

(iii) the vehicle or vehicle combination has appropriate international registration papers and export

licence plates.

14. A transit journey shall be exempt from the payment of ecopoints if it is the unladen leg of a journey
exempt from ecopoints as listed in Annex A and the vehicle carries suitable documentation to
demonstrate this. Such suitable documentation shall be either:

— a bill of lading, or

— a completed ecocard to which no ecopoints have been attached, or

— a completed ecocard with ecopoints, which are subsequently reinstated.

15. Any problems arising from the management of this regime of ecopoints shall be submitted to the
Community/the former Yugoslav Republic of Macedonia Transport Committee provided for in Article
22 of the Transport Agreement which shall assess the situation and recommend appropriate actions.
Any measure to be taken shall be implemented immediately,
shall be proportional and of
non-discriminatory nature.

I should be obliged if you would confirm the agreement of your Government to the contents of this letter.

Please accept Sir, the assurance of my highest consideration.

On behalf of the Community

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B. Letter from the former Yugoslav Republic of Macedonia

Sir,

I have the honour to refer to your letter of . . ., in which you inform me of the following:

‘I have the honour to inform you that, following negotiations between the delegation of the former
Yugoslav Republic of Macedonia and the delegation of the European Community, in accordance with
the provisions of Article 12, paragraph 3(b) of the Agreement between the European Community and
the former Yugoslav Republic of Macedonia in the field of Transport, the following has been agreed:

1. Ecopoints (Rights of Transit) for heavy goods vehicles from the former Yugoslav Republic of

Macedonia transiting through Austria are allocated in the following way:

for 1999: 57 401 ecopoints

for 2000: 55 079 ecopoints

for 2001: 53 641 ecopoints

for 2002: 49 549 ecopoints

for 2003: 44 240 ecopoints

Additional ecopoints are allocated for users from the former Yugoslav Republic of Macedonia of
the “Rollende Landstraße” up to a maximum of 50 % of the total number of ecopoints for the
year, as follows:

for 1999: 28 700 ecopoints

for 2000: 27 540 ecopoints

for 2001: 26 820 ecopoints

for 2002: 24 775 ecopoints

for 2003: 22 120 ecopoints

Ecopoints for Rollende Landstraße users shall be allocated to the former Yugoslav Republic of
Macedonian authorities, on the basis of ecopoints for two road journeys for every two round
trips made on RoLa.

The Austrian company for combined transport, Ökombi, will regularly provide each month
monthly information to the Ministry of Transport and Communications of
the former
Yugoslav Republic of Macedonia concerning former Yugoslav Republic of Macedonia users of
combined train in transit through Austria.

The ecopoints system will be implemented from 1 January 2002.

Transit journeys made in the circumstances listed in Annex A or under ECMT authorisations
shall be exempt from the ecopoints system.

2. The driver of a heavy goods vehicle from the former Yugoslav Republic of Macedonia on the
territory of Austria shall carry, and shall make available for inspection at the request of the
supervisory authorities, either:

(a) a duly completed standard form or an Austrian certificate confirming payment of the
ecopoints for the journey in question, modelled on Annex B, hereinafter referred to as
“the ecocard”; or

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(b) an electronic device, fitted to the motor vehicle which enables the automatic debiting of

ecopoints, hereinafter referred to as “the ecotag”; or

(c) appropriate documentation to demonstrate that an ecopoint-free transit journey, as defined in

Annex A or under ECMT authorisation is being made; or

(d) appropriate documentation to demonstrate that a non-transit journey is being made, and

when the vehicle is fitted with an ecotag, the ecotag is set for this purpose.

The competent Austrian authorities shall
production and distribution of ecopoints and ecocards.

issue the ecocard against payment of the cost of

3. Ecotags shall be manufactured, programmed and installed in accordance with the general
technical specifications laid down in Annex C. The Ministry of Transport and Communications
of the former Yugoslav Republic of Macedonia is authorised to approve, programme and install
the ecotags.

The ecotag shall be programmed to contain information on the country of registration and the
NOx value of the motor vehicle, as stated in the conformity of production (COP) document, as
defined in paragraph 4.

The ecotag shall be affixed to the windscreen of the motor vehicle. It shall be positioned in
accordance with Annex D. It shall be non-transferable.

4. The driver of a heavy goods vehicle from the former Yugoslav Republic of Macedonia registered
on or after 1 October 1990 shall also carry, and produce upon request, a COP document,
modelled on Annex E, as evidence of the NOx emissions of that vehicle. Heavy goods vehicles
first registered before 1 October 1990 or in respect of which no document is produced shall be
assumed to have a COP value of 15,8 g/kWh.

5. The Ministry of Transport and Communications of the former Yugoslav Republic of Macedonia is

authorised to issue the documents and ecotags referred to in points 2 to 4.

6. Unless the vehicle is using an ecotag, the requisite number of ecopoints shall be affixed to the
ecocard and cancelled. The ecopoints shall be cancelled by signing in such a way that the
signature extends over both the ecopoints and the form to which they have been affixed. A
rubber stamp may be used instead of a signature.

An ecocard, bearing the requisite number of ecopoints shall be handed to the supervisory
authorities of Austria, who will hand back a copy with the proof of payment.

If the vehicle is fitted with an ecotag, upon confirmation of its undertaking a transit journey
requiring ecopoints, a number of ecopoints, equivalent to the NOx emission information stored
in the ecotag of the vehicle, shall be deducted from the total of ecopoints allocated to the former
Yugoslav Republic of Macedonia. This shall be done by infrastructure provided and operated by
the Austrian authorities.

For vehicles fitted with ecotags that are making bilateral journeys they must set the ecotag to
demonstrate that a non-transit journey is being made prior to entering Austrian territory.

In the case where an ecocard is used and where a tractor unit is switched during a transit
journey, the proof of payment on entry shall remain valid and be retained. Where the COP value
of the new tractor unit exceeds that indicated on the form, additional ecopoints, affixed to a new
card, shall be cancelled on leaving the country.

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7. Continuous journeys which involve crossing the Austrian frontier once by train, whether by
conventional rail transport or in a combined transport operation, and crossing the frontier by
road before or after crossing by rail, shall be regarded not as transit of goods by road through
Austria but as bilateral journeys.

Continuous transit journeys through Austria using the following rail terminals shall be deemed as
bilateral journeys:

Fürnitz, Villach Süd, Sillian, Innsbruck/Hall, Brennersee, Graz.

8. Ecopoints shall be valid between 1 January of the year for which they are attributed and 31

January of the following year.

9. Infringements of this agreement by a driver of a heavy goods vehicle from the former Yugoslav
Republic of Macedonia or an undertaking shall be prosecuted in accordance with the national
legislation in force.

The Commission and the competent authorities of Austria and the former Yugoslav Republic of
Macedonia shall, each within the limits of their jurisdiction, provide each other with adminis-
trative assistance in investigating and prosecuting these infringements, in particular by ensuring
that ecocards and ecotags are correctly used and handled.

Controls may be carried out at a point other than the border, at the discretion of the European
Community Member State, with due regard to the principle of non-discrimination.

10. The Austrian supervisory authorities may, having due regard to the principles of proportionality,
take appropriate measures if a vehicle is fitted with an ecotag and at least one of the following
situations occur:

(a) the vehicle or the operator of the vehicle has repeatedly committed infringements;

(b) there are insufficient ecopoints remaining in the allocation of the former Yugoslav Republic

of Macedonia;

(c) the ecotag has been tampered with or has been changed by a party other than those auth-

orised in Point 3;

(d) the former Yugoslav Republic of Macedonia has not allocated sufficient ecopoints for the

vehicle to make a transit journey;

(e) the vehicle does not have appropriate documentation in accordance with paragraphs (c) or
(d) of Point 2 to justify why the ecotag has been set to demonstrate that a non-transit journey
is being made on Austrian territory;

(f) when the ecotag specified in Annex C is not loaded with sufficient ecopoints to make a

transit journey.

The Austrian supervisory authorities may, having due regard to the principle of proportionality,
take appropriate measures if a vehicle is not fitted with an ecotag and at least one of the
following situations occurs:

(a) an ecocard is not presented to the supervisory authorities in accordance with the provisions

of this agreement;

(b) an ecocard is presented which is incomplete or incorrect, or where the ecopoints are not

correctly affixed;

(c) the vehicle does not possess the appropriate documentation to justify that it does not need

ecopoints.

11. The printed ecopoints which are intended for affixing to ecocards shall be made available each

year before 1 November of the preceding year.

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12. In the case of vehicles registered before 1 October 1990 which have had a change of engine
since this date, the COP value of the new engine shall apply. In such a case the certificate issued
by the appropriate authority shall mention the change of engine and give details of the new COP
value for NOx emissions.

13. A transit

journey shall be exempt

from the payment of ecopoints if

the following three

conditions are met:

(i) the sole purpose of the journey is to delivery a brand new vehicle, or vehicle combination,

from the manufacturers to a destination in another State;

(ii) no goods are transported on the journey;

(iii) the vehicle or vehicle combination has appropriate international registration papers and

export licence plates.

14. A transit journey shall be exempt from the payment of ecopoints if it is the unladen leg of a
journey exempt from ecopoints as listed in Annex A and the vehicle carries suitable documen-
tation to demonstrate this. Such suitable documentation shall be either:

— a bill of lading, or

— a completed ecocard to which no ecopoints have been attached, or

— a completed ecocard with ecopoints, which are subsequently reinstated.

15. Any problems arising from the management of this regime of ecopoints shall be submitted to the
Community/the former Yugoslav Republic of Macedonia Transport Committee provided for in
Article 22 of the Transport Agreement which shall assess the situation and recommend appro-
priate actions. Any measure to be taken shall be implemented immediately, shall be proportional
and of non-discriminatory nature.

I should be obliged if you would confirm the agreement of your Government to the contents of this
letter.’

I have the honour to confirm that my Government is in agreement with the contents of this letter.

Please accept Sir, the assurance of my highest consideration.

On behalf of the former Yugoslav Republic
of Macedonia

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ANNEX A

JOURNEYS FOR WHICH NO ECOPOINTS ARE REQUIRED

1. The occasional transport of goods to and from airports when flights are diverted.

2. The carriage of baggage in trailers attached to passenger vehicles, and the carriage of baggage to and from airports

by vehicles of all kinds.

3. The carriage of postal consignments.

4. The carriage of damaged vehicles or vehicles in need of repair.

5. The carriage of waste and sewage.

6. The carriage of animal carcasses for disposal.

7. The carriage of bees and fish spawn.

8. The transport of corpses.

9. The carriage of works of art for exhibition or commercial purposes.

10. The occasional carriage of goods for advertising or educational purposes.

11. The carriage of goods by removal firms possessing the appropriate personnel and equipment.

12. The carriage of equipment, accessories and animals to and from theatrical, musical, cinema, sporting or circus

events, exhibitions or fairs, or to and from radio, cinema or television recordings.

13. The carriage of spare parts for ships and aircraft.

14. The empty journey of a goods vehicle sent to replace a vehicle that has broken down in transit and the

continuation of the journey by the replacement vehicle using the authorisation issued for the first vehicle.

15. The carriage of emergency medical aid (particularly in the case of natural disasters).

16. The carriage of valuable goods (e.g. precious metals) in special vehicles escorted by the police or another security

service.

ANNEX B

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ANNEX C

GENERAL TECHNICAL SPECIFICATIONS OF THE ECOTAG

Short-range communication beacon — vehicle

(Pre)standards and technical reports relevant to DSRC

The following requirements provided by CEN/TC 278 with regard to short-range communication between the vehicles
and the roadside infrastructure are to be met:

(a) prENV278/No 62 ‘DSRC physical layer using microwave at 5,8 GHz’;

(b) prENV278/No 64 ‘DSRC data link layer’;

(c) prENV278/No 65 ‘DSRC application layer’

Type test

The supplier of the ecotag must provide type-test certificates for the appliances from an accredited test institute
conforming compliance with all the limit values specified in the current I-ETS 300674.

Operating conditions

The ecotag for the automatic ecopoint system must guarantee the required functionality under the following operating
conditions:

— ambient conditions: temperature from – 25 °C to + 70 °C,

— weather conditions: all eventualities,

— traffic: several lanes, moving,

— speed range: from ‘stop-and-go’ to 120 km/h.

The above operating conditions are minimum requirements pending the adoption of (pre)standards relevant to DSRC.

The ecotag may react only to microwave signals specific to its own applications.

Identification

Ecotag

Each ecotag must have a unique identification number. In addition to the number of digits necessary to make it
distinguishable, this number must also contain a check sum for integrity verification.

Installation

The ecotag should be designed for installation behind the windscreen of the lorry or traction unit. It shall be installed so
as to be completely non-detachable from the vehicle.

Transit declaration

The ecotag must have an input facility for declaring a journey exempt from the payment of ecopoints.

The facility must be clearly visible on the ecotag for control purposes; alternatively, it must be possible to set the ecotag
at a defined initial position. At all events, it must be ensured that only the status at the time of entry is taken into
account for evaluation in the system.

External marking

Every ecotag must also be clearly identifiable on visual inspection. To this end, the abovementioned unique identification
number must be indelibly applied to the surface of the appliance.

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A non-detachable, indelible marking to the ecotag in the form of prepared stickers shall be affixed to the ecotag. This
marking must show the number of ecopoints for the individual vehicle (‘5’, ‘6’, . . . ‘16’).

These special stickers must be tamper-proof; they must have mechanical strength and be light- and temperature-
resistant. They must have a high adhesive strength and any attempt to remove them must result in their destruction.

Integrity

The casing must be constructed in such way that any manipulation of the internal components is excluded and any
interference can subsequently be detected.

Memory

The ecotag must have sufficient memory capacity for the following data:

— identification number,

— vehicle data:

— COP value,

— transaction data:

— identification of the border post,

— date/time,

— status of journey declaration,

— blocking (blacklisting) information,

— status data:

— manipulation,

— battery status,

— status of latest communication.

There must be a reserve of memory of at least 30 %.

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ANNEX D

INSTALLATION REQUIREMENTS FOR ECOTAG

The ecotag shall be located on the interior side of the windscreen within the marked area (illustrated above) where the
dimensions are as follows:

x = 100 cm

y = 80 cm.

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ANNEX E