Common Position (EC) No 40/2003 of 28 March 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council establishing a transitional transit system applicable to heavy goods vehicles travelling through Austria for 2004
Date: 2003-03-28
Institutions: Council of the European Union
Subjects: Austria, Union transit, commercial vehicle, tradeable emission permit, transport of dangerous goods

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 40/2003

adopted by the Council on 28 March 2003

with a view to adopting Regulation (EC) No . . ./2003 of the European Parliament and of the
. . . establishing a transitional transit system applicable to heavy goods vehicles
Council of

travelling through Austria for 2004

(2003/C 214 E/01)

THE EUROPEAN PARLIAMENT AND
THE COUNCIL OF THE EUROPEAN UNION,

Regulation on the interim solution for the transit of heavy
goods vehicles through Austria 2004-2006.

Having regard to the Treaty establishing the European
Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

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

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1) Article 11(2)(a) of Protocol 9 to the Act of Accession of the
Republic of Austria to the European Union (4) stipulates
that the ecopoint system will lapse on 31 December 2003.

(2) Paragraph 58 of the conclusions of the Laeken European
Council of 14 and 15 December 2001 requested that the
ecopoint system be extended as a temporary solution. This
extension is in keeping with policy on environmental
protection in vulnerable areas such as the Alpine region.
Paragraph 35 of
the Copenhagen
the conclusions of
European Council of 12 and 13 December 2002
requested the Council to adopt, before the end of 2002, a

(1) OJ C 103 E, 30.4.2002, p. 230.
(2) OJ C 221, 17.9.2002, p. 84.
(3) Opinion of the European Parliament of 12 February 2003 (not yet
published in the Official
Journal), Council Common Position of
28 March 2003 and Decision of the European Parliament of . . .
(not yet published in the Official Journal).

(4) OJ C 241, 29.8.1994, p. 361.

(3) This measure

is

required pending adoption of

the
infra-
framework proposal on charging for the use of
structure, as set out
in the White Paper on European
transport policy for 2010 which the Commission has
declared it intends to present in 2003.

(4) The measures necessary for the implementation of

this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
exercise of
conferred on the Commission (5).

the

for

(5) A transitional transit system should therefore be established

for the year 2004,

HAVE ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation the following definitions
shall apply:

(a)

‘vehicle’ means vehicle as defined in Article 2 of Council
Regulation (EEC) No 881/92 of 26 March 1992 on access
to the market in the carriage of goods by road within the
Community to or from the territory of a Member State or
passing across the territory of one or more Member
States (6);

(b) ‘international carriage’ means

international carriage as

defined in Article 2 of Regulation (EEC) No 881/92;

(c)

traffic through Austria’ means

‘transit
traffic through
Austrian territory from a point of departure to a point of
arrival, both of which lie outside Austria;

(5) OJ L 184, 17.7.1999, p. 23.
(6) OJ L 95, 9.4.1992, p. 1. Regulation as amended by Regulation (EC)
No 484/2002 of the European Parliament and of the Council (OJ L
76, 19.3.2002, p. 1).

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(d) ‘heavy goods vehicle’ means all motor vehicles with a
maximum authorised weight of more than 7,5 tonnes
registered in a Member State and designed for
the
transport of freight and all trailer or semi-trailer combi-
nations with a maximum authorised weight of more than
7,5 tonnes drawn by a motor vehicle with a maximum
authorised vehicle weight not
exceeding 7,5 tonnes
registered in a Member State;

that

(d) The value of the total NOx emissions from heavy goods
transit
vehicles shall be set according to a transitional
system, any heavy goods vehicle
system. Under
crossing Austria in transit shall
require a number of
points equivalent to its NOx emissions (authorised under
the Conformity of Production (COP) value or type-approval
value). The method of calculation and administration of
such points is described in Annex II.

(e)

‘transit of goods by road through Austria’ means transit
traffic of heavy goods vehicles through Austria, whether
such vehicles are loaded or empty;

(f)

‘bilateral journeys’ means international journeys on routes
carried out by a given vehicle where the point of departure
or point of arrival is located in Austria and the respective
point of arrival or point of departure is located in another
Member State and where unloaded journeys are carried out
in conjunction with these journeys.

Article 2

This Regulation shall apply to the international carriage of
goods by road on journeys carried out within the territory of
transit system implies no
the Community. The transitional
direct limitation in the number of transits through Austria.

Article 3

1.
For journeys which involve transit of goods by road
through Austria, the regime established for journeys on own
account and for journeys for hire or reward under the First
Council Directive on the establishment of common rules for
certain types of carriage of goods by road of 23 July 1962 (1)
and Regulation (EEC) No 881/92 shall apply subject to the
provisions of this Article.

From 1 January 2004 to 31 December 2004,

2.
following provisions shall apply:

the

(a) The transit of EURO 4-standard heavy goods vehicles is not

subject to the transitional transit system;

(b) The transit of EURO 0 heavy goods vehicles is prohibited,
with the exception of the transit of EURO 0 heavy goods
vehicles registered in Greece and Portugal and of the transit
of certain highly specialised vehicles of high cost and with
a long economic life-span;

(e) Austria shall

issue and make available in good time the
points required for the administration of the transitional
transit system, pursuant
for heavy goods
vehicles crossing Austria in transit.

to Annex II,

(f) The total quota for NOx emissions allowed in 2004 is
equivalent to the total quota allowed under the ecopoint
system in 2003 and shall be managed and distributed by
the Commission among Member States by the same prin-
ciples as those applicable to the ecopoint system in 2003,
(EC)
provisions
according
No 3298/94 (2);

Regulation

the

to

of

(g) The reallocation of points of the Community reserve shall
be weighted according to the criteria mentioned in Article
8(2) of Regulation (EC) 3298/94 and, more particularly,
according to the effective use of the points allocated to
Member States as well as to the specific needs for the
transiting Austria through the route Lindau-
hauliers
Bregenz-St. Margarethen (‘Hörbranz-Transit’).

If the Eurovignette proposal on charging for the use of
3.
infrastructure is not adopted by 31 December 2004, all terms
of paragraph 2 will be extended for one further year, and, if
this proposal
is not adopted by 31 December 2005, for a
second year at the most. In such case, the Commission, with
the help of an independent expert, shall undertake an analysis
on the traffic of Euro 4 standard vehicles for the transit
through Austria;
as
amounts of
mentioned in Annex I for the years 2005 and 2006 shall be
adjusted on the basis of that analysis, within the respective
quotum bands, in accordance with the procedure laid down
in Article 5.

available points

the

Article 4

1.
As long as the provisions of Article 3(2) and, when
appropriate, of Article 3(3) apply, the Member States, under
any
their mutual
necessary measures
against
misuse of the transitional transit system.

compatible with the Treaty

cooperation arrangements,

shall

take

(c) The total NOx emissions

from heavy goods vehicles
crossing Austria in transit shall be set according to the
values given for the year concerned in Annex I;

(1) OJ 70, 6.8.1962, p. 2005. Directive as last amended by Regulation

(EEC) No 881/92.

(2) Commission Regulation (EC) No 3298/94 of 21 December 1994
laying down detailed measures concerning the system of rights of
for heavy goods vehicles transiting through
transit
Austria (OJ L 341, 30.12.1994, p. 20). Regulation as
last
amended by Council Regulation (EC) No 2012/2000 (OJ L 241,
26.9.2000, p. 18).

(ecopoints)

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Hauliers with a Community authorisation issued by the
2.
competent authorities in Austria shall not be entitled to carry
goods on international
journeys where neither loading nor
unloading takes place in Austria. All such journeys involving
to the
through Austria shall, however, be subject
transit
provisions of Article 3.

2. Where reference is made to this Article, Articles 3 and 7
of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

To the

extent necessary,

3.
any monitoring methods
including electronic systems relating to the implementation
of Article 3 shall be decided in accordance with the
procedure laid down in Article 5.

3.

The Committee shall adopt its Rules of Procedure.

Article 5

1.

The Commission shall be assisted by a committee.

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

Article 6

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

Done at . . .

For the European Parliament

The President

For the Council

The President

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ANNEX I

POINTS QUOTUM BANDS

Points for EU-15

23 556 220 (100 %)

Quotum bands

Maximum

Minimum

9 422 488 (40 %)

9 422 488 (40 %)

9 422 488 (40 %)

9 186 926 (39 %)-8 951 364 (38 %)

9 422 488 (40 %)

8 951 364 (38 %)-8 221 121 (34,9 %)

Year

1991

2004

2005

2006

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ANNEX II

CALCULATION AND ADMINISTRATION OF THE POINTS

1. The following documents must be submitted by the driver of a heavy goods vehicle each time it crosses the Austrian

border (in any direction):

(a) a document showing the COP value for NOx emissions from the vehicle in question;

(b) a valid points card issued by the competent authority.

Concerning (a):

In the case of EURO 0, EURO 1, EURO 2, EURO 3-standards heavy goods vehicles registered after 1 October 1990,
the document showing the COP value must be a certificate issued by the competent authority giving details of an
official COP value for NOx emissions or the type-approval certificate showing the date of approval and value
established for type-approval purposes.
In the latter case the COP value will be the type-approval value plus
10 %. Once such a value has been determined for a vehicle it cannot be changed during the vehicle's life.

In the case of heavy goods vehicles registered before 1 October 1990 and heavy goods vehicles for which no
certificate is submitted, a COP value of 15,8 g/kWh will be set.

Concerning (b):

The points card/ecotag contains a certain number of points and is endorsed as follows on the basis of the COP value
for the vehicles in question:

1. Each g/kWh of NOx, calculated according to paragraph 1a, counts as one point.

2. NOx emission values are rounded up to the next full point if the decimal is 0,5 or more, otherwise they are

rounded down.

2. At three-month intervals the Commission, acting in compliance with the procedure laid down in Article 5, calculates
the number of journeys and the average level of NOx emission from heavy goods vehicles and maintains statistical
records broken down according to nationality.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

Having regard to Article 71.1 of the EC Treaty, and in the framework of the codecision procedure in
accordance with Article 251 of the EC Treaty, the Council adopted its common position on a draft
Regulation establishing an ecopoint system applicable to heavy goods vehicles travelling through
Austria for the year 2004 on 28 March 2003.

In taking its position, the Council took account of the opinion of the European Parliament in its first
reading of 12 February 2003 (1) and of the opinion of the European Economic and Social Committee
delivered on 29 May 2002 (2). The Committee of the Regions decided not to give an opinion.

The aim of the draft Regulation as proposed by the Commission is to extend the main elements of the
present ecopoint system — which applies to heavy goods vehicles travelling through Austria and which
expires on 31 December 2003 — to the year 2004; a possible extension to 2005 and 2006 is foreseen.
The ecopoint system aims to reduce the negative environmental consequences resulting from the transit
of heavy goods vehicles through Austria. Each lorry has to ‘pay’ a certain number of ecopoints for a
transit through Austria — corresponding to the category to which the vehicle belongs (EURO 0, 1, 2,
3): the most polluting lorries (EURO 0) pay the most ecopoints.

II. ANALYSIS OF THE COMMON POSITION

In relation to the Commission's proposal, the Council agreed to the establishment of a ‘transitional
transit system’ for 2004. The Council also agreed that this system be extended to 2005 and 2006 in
case the Eurovignette proposal on charging for the use of infrastructure has not been adopted by
31 December 2004 and 31 December 2005, respectively.

However, the Council introduced a number of changes in its common position on the draft Regulation.
In order to promote the use of environmentally friendly lorries, the Council prohibited the transit of
EURO 0 vehicles, with the exception of those registered in Greece or Portugal — taking account of the
structure of the heavy goods vehicle fleet in these Member States — and of certain highly specialised
vehicles of high cost and with a long economic life span.

Furthermore, the transit of EURO 4 standard vehicles (the cleanest vehicles) will not be subjected to the
transitional transit system. However, in case of an extension of the system to 2005 and 2006, the
Commission should undertake an analysis of the transit of EURO 4 standard vehicles and reduce the
amount of available ecopoints within the respective quotum bands as set out Annex I of the Council
common position. In the case of no transit of EURO 4 standard vehicles, the amount in the maximum
quotum band would be respected; in the case of transit of EURO 4 standard vehicles, the amount of
points to be distributed as from 2005 would be adjusted downwards, in accordance with the findings
of the Commission's analysis, within the limits of the corresponding minimum quotum band.

The Council's common position represents a balance between on the one hand, the concerns for the
environmental protection in vulnerable areas such as the Alpine region, and on the other hand the
concerns pertaining to the principle of the free circulation of goods in the Union.

III. EUROPEAN PARLIAMENT AMENDMENTS

Against the background of the elements mentioned in the analysis of the Council's common position,
the Council has examined carefully the amendments of the European Parliament.

The Council was not in a position to accept any of the amendments.

(1) Not yet published in the Official Journal.
(2) OJ C 221 of 17.9.2002, p. 84.