Proposal for a Council Decision on the signature and provisional application of an Agreement in the form of an exchange of letters between the European Community and the Republic of Slovenia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria from 1 January 2004 to 30 April 2004
Date: 2003-12-22
Institutions: European Commission
Subjects: Austria, Slovenia, agreement (EU), carriage of goods, commercial vehicle, tradeable emission permit, transit

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.12.2003
COM(2003) 835 final

2003/0320 (CNS)

Proposal for a

COUNCIL DECISION

on the signature and provisional application of an Agreement in the form of an exchange
of letters between the European Community and the Republic of Slovenia concerning
the transitional points system applicable to heavy goods vehicles travelling through
Austria from 1 January 2004 to 30 April 2004

Proposal for a

COUNCIL DECISION

on the conclusion of an Agreement in the form of an exchange of letters between the
European Community and the Republic of Slovenia concerning the transitional points
system applicable to heavy goods vehicles travelling through Austria from 1 January
2004 to 30 April 2004

(presented by the Commission)

EN

  EN

1.

2.

3.

4.

5.

6.

EXPLANATORY MEMORANDUM

The Additional Protocol to the Agreement between the European Community and the
Republic of Slovenia in the field of transport1 establishes that a system of ecopoints,
equivalent to that applicable to Community heavy goods vehicles in transit through
Austria, will apply  to  Slovenian road  freight  traffic  in  transit  through  Austria,  with
effect from 1 January 1997 until 31 December 2003.

Protocol 9 to the Act of Accession of Austria, Finland and Sweden to the European
Union2 on road, rail and combined transport in Austria establishes a special scheme
for heavy goods vehicles in transit through Austria Article 11(2)(a) stipulates that the
system of ecopoints will expire on 31 December 2003.

During its meeting on 14 and 15  December 2001 in  Laeken,  the  European  Council
asked  for  the  system  of  ecopoints  to  be  extended.  On  20  December  2001,  the
Commission adopted a proposal for a Regulation of the European Parliament and of
the Council establishing a system of ecopoints to be applied to heavy goods vehicles
in  transit  through  Austria  for  the  year  2004.3  This  proposal  was  the  subject  of  an
agreement  between  the  European  Parliament  and  the  Council  following  the
conciliation  procedure  on  25  November  2003.  This  agreement  will  lead  to  the
adoption of a Regulation which will enter into force on 1 January 2004.

From  1  May 2004,  the new  Member States,  including  Slovenia,  will  be  part  of  the
new transitional points system established by this Regulation for the transit of heavy
goods vehicles through Austria.

For  reasons  of  equality  of  treatment  and  continuity  of  international  commitments
undertaken  by  the  Community  and  Slovenia,  the  new  transitional  points  system
should be applied to Slovenia for the period from 1 January 2004 to 30 April 2004.

The  Community  should  therefore  now  open  negotiations  with  Slovenia  in  order  to
reach a formal agreement.

Given the short timescale in which the Agreement must be applied (from 1.1.2004),
the  Commission  calls  on  the  Council  to  pronounce,  at  the  same  time,  on  the
recommendation  for  negotiations  and  the  proposals  for  Council  decisions  on  the
signature,  provisional  application  and  conclusion  of  the  Agreement.  It  therefore
submits the relevant recommendation and proposals for decisions to the Council.

1

2

3

OJ L 351, 23.12.1997, p. 62.
OJ C 241, 29.8.1994.
COM(2001) 807 final, 20.12.2001.

2

 
                                                
Proposal for a

COUNCIL DECISION

on the signature and provisional application of an Agreement in the form of an exchange
of letters between the European Community and the Republic of Slovenia concerning
the transitional points system applicable to heavy goods vehicles travelling through
Austria from 1 January 2004 to 30 April 2004

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 Commission,4

Whereas:

(1)

(2)

(3)

The  Commission  negotiated  an  Agreement  in  the  form  of  an  exchange  of  letters
between  the  European  Community  and  the  Republic  of  Slovenia  concerning  the
transitional  points  system  applicable  to  heavy  goods  vehicles  travelling  through
Austria.

Subject  to  its  conclusion  at  a  later  date,  the  Agreement  initialled  on  …  should  be
signed.

Arrangements should be made for the provisional application of the Agreement from 1
January 2004,

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 Slovenia concerning the transitional points system
applicable to heavy goods vehicles travelling through Austria from 1 January 2004 to 30 April
2004, subject to its conclusion at a later date.

The text of the Agreement is attached to this Decision.

4

OJ C […], […], p. […].

3

 
                                                
The Agreement referred to in Article 1 shall be applied on a provisional basis from 1 January
2004.

Article 2

Article 3

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

Done at Brussels, […]

For the Council
The President

4

 
2003/0320 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion of an Agreement in the form of an exchange of letters between the
European Community and the Republic of Slovenia concerning the transitional points
system applicable to heavy goods vehicles travelling through Austria from 1 January
2004 to 30 April 2004

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) and the
first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,5

Having regard to the opinion of the European Parliament,6

Whereas:

(1)

(2)

(3)

(4)

(5)

The Agreement between the European Community and the Republic of Slovenia in the
field  of  transport7,  and  in  particular  the  Additional  Protocol  thereto  which  provides
that a system of ecopoints shall apply to Slovenian traffic, equivalent to that applicable
to Community heavy goods vehicles in transit through Austria.

The Agreement reached on 25 November 2003 between the European Parliament and
the Council establishes a new transitional points system to be applied from 1 January
2004 to Community heavy goods vehicles in transit through Austria.

The Commission has negotiated on behalf of the European Community an Agreement
in  the  form  of  an  exchange  of  letters  between  the  European  Community  and  the
Republic of Slovenia concerning the points to be allocated to Slovenia for the period
from 1 January 2004 to 30 April 2004.

This Agreement was signed on behalf of the Community on … .

This Agreement should be approved,

5

6

7

OJ C […], […], p. […].
OJ C […], […], p. […].
OJ L 351, 23.12.1997, p. 62.

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 Slovenia concerning the transitional points system applicable to heavy goods
vehicles travelling through Austria from 1 January 2004 to 30 April 2004 is hereby approved
on behalf of the Community.

The text of the Agreement is attached 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 Slovenia concerning the transitional points system applicable to heavy goods
vehicles travelling through Austria from 1 January 2004 to 30 April 2004

A. Letter from the European Community

Sir,

I  have  the  honour  to  inform  you  that,  following  negotiations  between  the  delegation  of  the
Republic of Slovenia and the delegation of the European Community, the following has been
agreed:

1.

2.

3.

4.

The transitional points system is applicable to the heavy goods vehicles registered in
Slovenia, with a maximum authorised weight of over 7,5 tons, using 6, 7 or 8 points,
when these vehicles transit Austria, regardless of whether they are laden or not.

Heavy goods vehicles using more than 8 points are not allowed to transit Austria.

Heavy goods vehicles that require 5 points or less are exempt from this system.

The  number  of  points  allocated  to  the  heavy  goods  vehicles  registered  in  Slovenia
and transiting Austria, from 1 January 2004 until 30 April 2004, is 118.816 points.

The  application  modalities  and  procedures  for  the  management  and  control  of  the
points  are  identical  to  the  ones  laid  down  in  the  agreement  in  the  form  of  an
exchange of letters between the European Community and the Republic of Slovenia
concerning the system of ecopoints to be applied to Slovenian transit traffic through
Austria as from 1 January 1997.8

The  joint  committee  established  by  the  Agreement  between  the  European
Community  and  the  Republic  of  Slovenia  in  the  field  of  transport  shall  adopt,  if
necessary,  further  measures  concerning  the  procedures  relating  to  the  transitional
points  system,  the  distribution  of  points  and  the  technical  issues  concerning  the
application of the present exchange of letters.

This  agreement  shall  enter  into  force  on  the  day  following  the  notification  of  both
parties  that  the  internal  procedure  leading  to  the  conclusion  of  this  agreement  is
finished.

It shall be applied on a provisional basis from 1 January 2004.

The agreement shall expire on 30 April 2004.

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 considerations.
On behalf of the European Community

8

OJ L 182, 10.11.1998, p. 21

7

 
                                                
B. Letter from the Republic of Slovenia

Sir,

I 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 Slovenia and the delegation of the European Community, the following has been
agreed:

1.

2.

3.

4.

The transitional points system is applicable to the heavy goods vehicles registered in
Slovenia, with a maximum authorised weight of over 7,5 tons, using 6, 7 or 8 points,
when these vehicles transit Austria, regardless of whether they are laden or not.

Heavy goods vehicles using more than 8 points are not allowed to transit Austria.

Heavy goods vehicles that require 5 points or less are exempt from this system.

The  number  of  points  allocated  to  the  heavy  goods  vehicles  registered  in  Slovenia
and transiting Austria, from 1 January 2004 until 30 April 2004, is 118.816 points.

The  application  modalities  and  procedures  for  the  management  and  control  of  the
points  are  identical  to  the  ones  laid  down  in  the  agreement  in  the  form  of  an
exchange of letters between the European Community and the Republic of Slovenia
concerning the system of ecopoints to be applied to Slovenian transit traffic through
Austria as from 1 January 1997.9

The  joint  committee  established  by  the  Agreement  between  the  European
Community  and  the  Republic  of  Slovenia  in  the  field  of  transport  shall  adopt,  if
necessary,  further  measures  concerning  the  procedures  relating  to  the  transitional
points  system,  the  distribution  of  points  and  the  technical  issues  concerning  the
application of the present exchange of letters.

This  agreement  shall  enter  into  force  on  the  day  following  the  notification  of  both
parties  that  the  internal  procedure  leading  to  the  conclusion  of  this  agreement  is
finished.

It shall be applied on a provisional basis from 1 January 2004.

The agreement shall expire on 30 April 2004.

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 considerations.

On behalf of the Republic of Slovenia

9

OJ L 182, 10.11.1998, p. 21

8