Proposal for a Council Decision concerning the signature and provisional application of an Agreement in the form of an exchange of letters between the European Community and Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit traffic through Austria
Date: 2003-03-19
Institutions: European Commission
Subjects: Austria, Croatia, Union transit, agreement (EU), interim agreement (EU), tradeable emission permit

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.3.2003
COM(2003) 121 final

2003/0051 (CNS)

Proposal for a

COUNCIL DECISION

concerning the signature and provisional application of an Agreement in the form of an
exchange of letters between the European Community and Republic of Croatia
concerning the system of ecopoints to be applied to Croatian transit traffic through
Austria

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 Republic of Croatia concerning the system of
ecopoints to be applied to Croatian transit traffic through Austria

(presented by the Commission)

1.

2.

3.

EXPLANATORY MEMORANDUM

The  Interim  Agreement  between  the  European  Community  and  the  Republic  of
Croatia on Trade and trade related matters1 was concluded on 28 January 2002 and
entered into force on 1 March 2002. Protocol 6 on road transit traffic attached to this
Agreement establishes that a system of ecopoints shall apply to transit traffic of the
Republic of Croatia through Austria with effect from 1 January 2003.

In  accordance  with  the  provisions  of  article  2.2(b)  of  this  Protocol,  the  method  of
calculation and the detailed rules and procedures for the management and control of
the  ecopoints  are  to  be  agreed  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  Protocol 9  to  the  Act  of  Accession  of  Austria,  Finland  and  Sweden  to  the
European Union regulating the ecopoints system applying in the Community.

The negotiations on the exchange of letters took place in July and November 2002.
During  the  negotiations,  the  Commission  services  informed  and  consulted  Member
States.  The  attached  text  was  initialled  on  15  November  2002  in  the  framework  of
the  Sub-Committee  on  Transport  under  the  Interim  Agreement.  On  this  same
occasion, the functioning of the regime applied between the Republic of Austria and
the  Republic  of  Croatia  during  2002  was  examined,  and  no  discriminatory  effects
were identified.

The Agreement establishes the number of ecopoints allocated to Croatian trucks for
2003 on the basis of the "no less favourable treatment for Community heavy  goods
vehicles"  principle.  It  also  provides  for  appropriate  documents,  rules  of  procedure
and methods of control for managing the system.

The Commission invites the Council to decide on the signature and provisional application of
the Agreement and to initiate the conclusion procedure. Accordingly, it hereby submits to the
Council two proposals as follows:

1.

Proposal  for  a  Council  decision  on  the  signature  and  provisional  application  of  an
Agreement in the form of an exchange of letters concerning the system of ecopoints
to be applied to Croatian transit traffic through Austria.

2.

Proposal for a Council decision on the conclusion of the Agreement.

1 

OJ L330, 14.12.2001, p. 003

2

                                                
Proposal for a

COUNCIL DECISION

concerning the signature and provisional application of an Agreement in the form of an
exchange of letters between the European Community and Republic of Croatia
concerning the system of ecopoints to be applied to Croatian transit traffic through
Austria

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission2,

Whereas:

(1) 

(2) 

(3) 

The Commission has  negotiated  an  Agreement  in  the  form  of  an  exchange  of  letters
between the European Community and the Republic of Croatia concerning the system
of ecopoints to be applied to Croatian transit traffic through Austria

Subject  to  its  possible  conclusion  at  a  later  date,  the  Agreement  initialled  on  15
November 2002 should be signed.

Provision  should  be  made  for  the  provisional  application  of  the  Agreement  from  1
January 2003.

HAS DECIDED AS FOLLOWS:

Article 1

The President of the Council is authorised to designate the person(s) entitled to sign, on behalf
of the European Community, the Agreement in the form of an exchange of letters between the
European Community and the Republic of Croatia concerning the system of ecopoints to be
applied to Croatian transit traffic through Austria, subject to its conclusion at a later date.

The text of the Agreement is attached to this Decision.

The  Agreement  referred  to  in  Article  1  shall  be  applied  on  a  provisional  basis  from
1 January 2003.

Article 2

2

OJ C , , p. .

3

                                                
Article 3

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

Done at Brussels,

For the Council
The President

4

2003/0051 (CNS)

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 Republic of Croatia concerning the system of
ecopoints to be applied to Croatian transit traffic through Austria

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission3,

Having regard to the opinion of the European Parliament4,

Whereas:

(1) 

(2) 

(3) 

The  Agreement  between  the  European  Community  and  the  Republic  of  Croatia  on
Trade  and  trade  related  matters5,  and  in  particular  Protocol  6  on  road  transit  traffic
Article 2.2(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

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 Republic of
Croatia  establishing  the  method  of  calculation  and  the  detailed  rules  and  procedures
for the management and control of the ecopoints

This  Agreement  has  been  signed  on  behalf  of  the  Community  on….,  subject  to  its
possible conclusion at a later date in accordance with Decision../…/EC of the Council
of …..

(4) 

This Agreement should be approved.

3

4

5

OJ C , , p. .
OJ C , , p. .
OJ L330, 14.12.2001, p. 003

5

                                                
HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters between the European Community and
the Republic of Croatia concerning the system of  ecopoints to be applied to Croatian transit
traffic through Austria is hereby approved on behalf of the Community.

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 Union.

Done at Brussels,

For the Council
The President

6

AGREEMENT

in the form of an exchange of letters between the European Community and the
Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit
traffic of the Republic of Croatia through Austria as from 1 January 2003

A.

Letter from the European Community

Sir,

I  have  the  honour  to  inform  you  that,  following  negotiations  between  the  delegation  of  the
Republic of Croatia and the delegation of the European Community, in  accordance with the
provisions of Article  2, paragraph 2(b) of the  Protocol 6  to  the  Interim  Agreement  between
the European Community and the Republic of Croatia, the following has been agreed:

“1.

Ecopoints  (Rights  of  Transit)  for  Croatian  heavy  goods  vehicles  transiting  through
Austria allocated for 2003 are

171.904 ecopoints.

Additional ecopoints are allocated for Croatian users of the “Rollende  Landstrasse”
up to a maximum of 40% of the total number of ecopoints for the year,i.e.
68.762 ecopoints.

-

Ecopoints  for  Rollende  Landstrasse  users  shall  be  allocated  to  the  Croatian
authorities, on the basis of ecopoints for two road journeys for every two round trips
made on RoLa.

The Austrian companies for combined transport,  will regularly provide each  month
monthly  information  to  the  Ministry  of  Maritime  Affairs  of  Transport  and
Communications of the Republic of Croatia concerning Croatian users of combined
transport in transit through Austria.

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 Croatian heavy goods vehicle on the territory of Austria shall carry,
and shall make available for inspection at the request of the supervisory authorities,
either:

(a)

(b)

(c)

(d)

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

an  electronic  device,  fitted  to  the  motor  vehicle  which  enables  the  automatic
debiting of ecopoints, hereinafter referred to as "the ecotag"; or

appropriate documentation to demonstrate that an ecopoint-free transit journey,
as defined in Annex A or under ECMT authorisation is being made; or

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.

7

3.

4.

5.

6.

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

Ecotags  shall  be  manufactured,  programmed  and  installed  in  accordance  with  the
general  technical  specifications  laid  down  in  Annex C.  The  Ministry  of  Maritime
Affairs  Transport  and  Communications  of  the  Republic  of  Croatia  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.

The driver of a Croatian heavy  goods vehicle 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.

The Ministry of Maritime Affairs Transport and Communications of the Republic of
Croatia is authorised to issue the documents and ecotags referred to in points 2 to 4.

Unless a vehicle is using an ecotag, the requisite number of ecopoints shall be affixed
to  the  ecocard  and  cancelled.  The  ecocard  shall  be  cancelled  by  any  one  of  the
following methods:

(a)

stamping the ecocard in an ecocard stamping machine;

(b)

(c)

(d)

having  the  ecocard  stamped  by  the  Austrian  border  control  authorities  upon
entering Austria;

having the ecocard stamped and dated by the national authorities of the haulier
before entering Austrian territory;

having  the  ecocard  stamped  at  an  office  where  the  initialisation  of  ecotags  is
performed.

Austrian  frontier  stations  that  are  equipped  with  an  ecocard  stamping  machine  are
listed in Annex F.

For statistical purposes page 1 of the completed ecocard shall either be collected by
the Austrian authorities or subsequently returned by the competent authorities within
three  months  of  the  completion  of  the  journey  to  the  Austrian  authorities.  The
statistics thus collected shall assist the Commission in making  any proposal for the
distribution the reserve of ecopoints.

8

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 Republic  of  Croatia.  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.

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.

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

Infringements of this agreement by a driver of a Croatian heavy goods vehicle or an
undertaking shall be prosecuted in accordance with the national legislation in force.

7.

8.

9.

The  Commission  and  the  competent  authorities  of  Austria  and  Croatia  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 internal 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 Croatia;

(c)

the ecotag has been tampered with or has been changed by a party other than
those authorised in Point 3.

9

(d) Croatia 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)

(b)

(c)

(d)

an  ecocard  is  not  presented  to  the  supervisory  authorities  in  accordance  with
the provisions of this agreement;

an  ecocard  is  presented  which  is  incomplete  or  incorrect,  or  where  the
ecopoints are not correctly affixed;

the  vehicle  does  not  possess  the  appropriate  documentation  to  justify  that  it
does not need ecopoints.

or  the  ecocard  has  not  been  cancelled  in  accordance  with  the  procedure  laid
down in point 6.

The  printed  ecopoints  which  are  intended  for  affixing  to  ecocards  shall  be  made
available each year before 1 November of the preceding year.

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.

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.

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

10

11.

12.

13.

14.

– 

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  Republic  of  Croatia  Interim  Sub-Committee  on
Transport established in accordance with Article 41 of the Interim 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

11

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.

12

ANNEXE B

13

14

15

16

17

18

ANNEXE 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.

19

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.

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 %.

20

ANNEXE D

21

ANNEXE E

22

ANNEXE F

Austrian border stations equipped with an ecocard-stamping machine
Achenkirch
Arnoldstein
Braunau
Brennerpaß
Ehrwald
Hangendenstein
Hörbranz
Kiefersfelden
Musau
Nauders
Neuhaus
Pinswang
Reit im Winkel
Saalbrücke
Scharnitz
Schleching
Sillian
Springen
Suben
Steinpaß
Walserberg
Wegscheid"

23

Letter from the Republic of Croatia

B.

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
Republic of Croatia and the delegation of the European Community, in  accordance with the
provisions  of  Article 2, paragraph 2(b) of  the Protocol  6  to  the  Interim  Agreement  between
the European Community and the Republic of Croatia, the following has been agreed:

1.

“The  ecopoints  (Rights  of  Transit)  for  Croatian  heavy  goods  vehicles  transiting
through Austria allocated for 2003 are

- 171.904 ecopoints.

Additional ecopoints are allocated for Croatian users of the “Rollende  Landstrasse”
up to a maximum of 40% of the total number of ecopoints for the year, i.e.
- 68.762 ecopoints.

Ecopoints  for  Rollende  Landstrasse  users  shall  be  allocated  to  the  Croatian
authorities, on the basis of ecopoints for two road journeys for every two round trips
made on RoLa.

The Austrian companies for combined transport,  will regularly provide each  month
monthly  information  to  the  Ministry  of  Maritime  Affairs  of  Transport  and
Communications of the Republic of Croatia concerning Croatian users of combined
transport in transit through Austria.

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 Croatian heavy goods vehicle on the territory of Austria shall carry,
and shall make available for inspection at the request of the supervisory authorities,
either:

(a)

(b)

(c)

(d)

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

an  electronic  device,  fitted  to  the  motor  vehicle  which  enables  the  automatic
debiting of ecopoints, hereinafter referred to as "the ecotag"; or

appropriate documentation to demonstrate that an ecopoint-free transit journey,
as defined in Annex A or under ECMT authorisation is being made; or

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  Maritime

24

4.

5.

6.

Affairs  Transport  and  Communications  of  the  Republic  of  Croatia  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.

The driver of a Croatian heavy  goods vehicle 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.

The Ministry of Maritime Affairs Transport and Communications of the Republic of
Croatia is authorised to issue the documents and ecotags referred to in points 2 to 4.

Unless a vehicle is using an ecotag, the requisite number of ecopoints shall be affixed
to  the  ecocard  and  cancelled.  The  ecocard  shall  be  cancelled  by  any  one  of  the
following methods:

(a)

stamping the ecocard in an ecocard stamping machine;

(b)

(c)

(d)

having  the  ecocard  stamped  by  the  Austrian  border  control  authorities  upon
entering Austria;

having the ecocard stamped and dated by the national authorities of the haulier
before entering Austrian territory;

having the  ecocard stamped at an  office  where  the  initialisation  of  ecotags  is
performed.

Austrian  frontier  stations  that  are  equipped  with  an  ecocard  stamping  machine  are
listed in Annex F.

For statistical purposes page 1 of the completed ecocard shall either be collected by
the Austrian authorities or subsequently returned by the competent authorities within
three  months  of  the  completion  of  the  journey  to  the  Austrian  authorities.  The
statistics thus collected shall assist the Commission in making any  proposal for  the
distribution the reserve of ecopoints.

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 Republic  of Croatia. This  shall  be  done  by  infrastructure
provided and operated by the Austrian authorities.

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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.

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.

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

Infringements of this agreement by a driver of a Croatian heavy goods vehicle or an
undertaking shall be prosecuted in accordance with the national legislation in force.

7.

8.

9.

The  Commission  and  the  competent  authorities  of  Austria  and  Croatia  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 internal 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 Croatia;

(c)

the ecotag has been tampered with or has been  changed by a party other than
those authorised in Point 3.

(d) Croatia 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;

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(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)

(b)

(c)

(d)

an  ecocard  is  not  presented  to  the  supervisory  authorities  in  accordance  with
the provisions of this agreement;

an  ecocard  is  presented  which  is  incomplete  or  incorrect,  or  where  the
ecopoints are not correctly affixed;

the  vehicle  does  not  possess  the  appropriate  documentation  to  justify  that  it
does not need ecopoints.

or  the  ecocard  has  not  been  cancelled  in  accordance  with  the  procedure  laid
down in point 6.

The  printed  ecopoints  which  are  intended  for  affixing  to  ecocards  shall  be  made
available each year before 1 November of the preceding year.

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.

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.

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.

Any  problems  arising  from  the  management  of  this  regime  of  ecopoints  shall  be
submitted  to  the  Community/the  Republic  of  Croatia  Interim  Sub-Committee  on
Transport established in accordance with Article 41 of the Interim Agreement which
shall  assess  the  situation  and  recommend  appropriate  actions.  Any  measure  to  be

27

11.

12.

13.

14.

15.

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 Republic of Croatia

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