Proposal for a Council Decision on the conclusion of an administrative arrangement in the form of an exchange of letters between the European Community and the Swiss Confederation concerning the transitional points system applicable to heavy goods vehicles travelling through Austria
Date: 2003-12-22
Institutions: European Commission
Subjects: Austria, Switzerland, agreement (EU), carriage of goods, commercial vehicle, tradeable emission permit, transit

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.12.2003
COM(2003) 836 final

2003/0322 (CNS)

Proposal for a

COUNCIL DECISION

on the signature and provisional application of an administrative arrangement in the
form of an exchange of letters between the European Community and the Swiss
Confederation concerning the transitional points system applicable to heavy goods
vehicles travelling through Austria

Proposal for a

COUNCIL DECISION

on the conclusion of an administrative arrangement in the form of an exchange of letters
between the European Community and the Swiss Confederation concerning the
transitional points system applicable to heavy goods vehicles travelling through Austria

(presented by the Commission)

EN

  EN

1.

2.

3.

4.

5.

6.

1

2

3

EXPLANATORY MEMORANDUM

The Agreement between the European Community  and the Swiss Confederation on
the carriage of goods and passengers by rail and road1 stipulates in Article 11 that a
system  of  ecopoints  equivalent  to  that  provided  for  by  Protocol  9  to  the  Act  of
Accession of Austria to the European Union will apply to Swiss operators in transit
through Austria within the limits of validity of this Protocol.

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  20043.  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.

Currently,  Switzerland  is  participating  in  the  system  of  ecopoints  on  the  basis  of  a
bilateral  agreement  between  Austria  and  Switzerland.  This  scheme  will  end  on  31
December  2003.  In  accordance with Article 11 of  the  Agreement  on  land  transport
(see  point  1  above),  Switzerland  must  be  part  of  the  new  transitional  system  of
ecopoints  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  Switzerland,  the  new  transitional
system of ecopoints should be applied to Switzerland from 1 January 2004.

The  Community  should  therefore  now  open  negotiations  with  Switzerland  on  an
administrative  arrangement  which  will  ensure  that  Switzerland  participates  in  the
new transitional points system.

Given the short timescale in  which  the  administrative arrangement  must be applied
(from  1  January  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
administrative  arrangement.  It  therefore  submits  the  relevant  recommendation  and
proposals for decisions to the Council.

the  signature,  provisional  application  and  conclusion  of 

OJ L 114, 30.4.2002, p. 91.
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 administrative arrangement in the
form of an exchange of letters between the European Community and the Swiss
Confederation concerning the transitional points system applicable to heavy goods
vehicles travelling 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 Commission,4

Whereas:

(1)

(2)

(3)

The Commission negotiated an administrative arrangement in the form of an exchange
of letters between the European Community and the Swiss Confederation concerning
the  transitional  points  system  applicable  to  heavy  goods  vehicles  travelling  through
Austria.

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

Arrangements  should  be  made  for  the  provisional  application  of  the  administrative
arrangement 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 administrative arrangement  in  the  form  of  an  exchange  of
letters  between  the  European  Community  and  the  Swiss  Confederation  concerning  the
transitional  points  system  applicable  to  heavy  goods  vehicles  travelling  through  Austria,
subject to its conclusion at a later date.

The text of the Agreement is attached to this Decision.

4

OJ C …, …, p. …

3

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

Article 2

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

Article 3

Done at Brussels,

For the Council
The President

4

 
2003/0322 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion of an administrative arrangement in the form of an exchange of letters
between the European Community and the Swiss Confederation concerning the
transitional points system applicable to heavy goods vehicles travelling 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) 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)

The  Agreement  between  the  European  Community  and  the  Swiss  Confederation  on
the carriage  of  goods  and passengers by rail and road7 stipulates  in Article 11 that a
system  of  ecopoints  equivalent  to  that  provided  for  by  Protocol  9  to  the  Act  of
Accession of Austria to the European Union shall apply to Swiss operators in transit
through Austria.

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

The Commission negotiated on behalf of the European Community an administrative
arrangement in the form of an exchange of letters between the European Community
and  the  Swiss  Confederation  concerning  the  transitional  points  system  applicable  to
heavy goods vehicles travelling through Austria.

This administrative arrangement 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 …..

(5)

This administrative arrangement should be approved,

5

6

7

OJ C …, …, p. …
OJ C …, …, p. …
OJ L 114, 30.4.2002, p. 91.

5

 
                                                
HAS DECIDED AS FOLLOWS:

Article 1

The administrative arrangement in the form of an exchange of letters between the European
Community and the Swiss Confederation concerning the transitional points system applicable
to  heavy  goods  vehicles  travelling  through  Austria  is  hereby  approved  on  behalf  of  the
Community.

The text of the administrative arrangement is attached to this Decision.

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

Article 2

Done at Brussels,

For the Council
The President

6

 
Annex

ADMINISTRATIVE ARRANGEMENT

in the form of an exchange of letters between the European Community and the Swiss
Confederation concerning the transitional points system applicable to heavy goods
vehicles travelling through Austria

A.         Letter from the European Community

Sir,

I  have  the  honour  to  inform  you  that,  following  negotiations  between  the  delegation  of  the
Swiss  Confederation  and  the  delegation  of  the  European  Community  held  in  the  context  of
Article 11 of the Agreement between the European Community and the Swiss Confederation
on the carriage of goods and passengers by rail and road8, the following has been agreed :

1. 

The transitional points system is applicable to the heavy goods vehicles registered in
Switzerland,  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.

2. 

The number of points allocated to the heavy goods vehicles registered in Switzerland
and transiting Austria is:

for 2004, 140.992 points;
for 2005, 133.572 points;
for 2006, 126.151 points.

One fifth of these points shall be distributed in the form of paper points.

3. 

The  application  modalities  and  procedures  for  the  management  and  control  of  the
points are identical to the ones laid down in the Convention between the Head of the
Federal Department for the environment, transport, energy and communication of the
Swiss  Confederation  and  the  Federal  Ministry  for  science  and  transport  of  the
Republic of Austria concerning the application of a system of ecopoints for vehicles
in transit through Austria, concluded on 9 September 1999.

The  Community/Switzerland  Inland  Transport  Committee  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.

8

OJ L 114, 30.4.2002, p. 91

7

 
                                                
4. 

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 when the Regulation (EC) No xxxx/2003 of the European
Parliament and of the Council establishing a transitional points system applicable to
heavy goods vehicles travelling through Austria for 2004 within the framework of a
sustainable transport policy, expires.

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

B.         Letter from the Swiss Confederation

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
Swiss  Confederation  and  the  delegation  of  the  European  Community  held  in  the  context  of
Article 11 of the Agreement between the European Community and the Swiss Confederation
on the carriage of goods and passengers by rail and road9, the following has been agreed :

1.

2.

3.

The transitional points system is applicable to the heavy goods vehicles registered in
Switzerland,  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 Switzerland
and transiting Austria is:

for 2004, 140.992 points;
for 2005, 133.572 points;
for 2006, 126.151 points.

One fifth of these points shall be distributed in the form of paper points.

The  application  modalities  and  procedures  for  the  management  and  control  of  the
points are identical to the ones laid down in the Convention between the Head of the
Federal Department for the environment, transport, energy and communication of the
Swiss  Confederation  and  the  Federal  Ministry  for  science  and  transport  of  the

9

OJ L 114, 30.4.2002, p. 91

8

 
                                                
Republic of Austria concerning the application of a system of ecopoints for vehicles
in transit through Austria, concluded on 9 September 1999.

The  Community/Switzerland  Inland  Transport  Committee  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.

4.

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 when the Regulation (EC) No xxxx/2003 of the European
Parliament and of the Council establishing a transitional points system applicable to
heavy goods vehicles travelling through Austria for 2004 within the framework of a
sustainable transport policy, expires.

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 Swiss Confederation

9