Regulation (EC) No 2327/2003 of the European Parliament and of the Council of 22 December 2003 establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy
Date: 2003-12-22
Institutions: Council of the European Union, European Parliament
Subjects: Austria, commercial vehicle, road transport, sustainable mobility, tradeable emission permit, transit

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REGULATION (EC) No 2327/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 December 2003

establishing a transitional points system applicable to heavy goods vehicles travelling through
Austria for 2004 within the framework of a sustainable transport policy

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, 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),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3), in the light of the joint text approved by
the Conciliation Committee on 25 November 2003,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 11(2)(a) of Protocol 9 to the 1994 Act of Acces-
sion (4) stipulates that the ecopoint system will lapse on
31 December 2003.

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 solu-
tion. This extension is in keeping with policy on envir-
onmental protection in vulnerable areas such as the
Alpine region. Paragraph 35 of the conclusions of the
Copenhagen European Council of 12 and 13 December
2002 requested the Council to adopt, before the end of
2002, a Regulation on the interim solution for the
transit of heavy goods vehicles through Austria 2004 to
2006.

This measure is required pending adoption of the frame-
work proposal on charging for the use of infrastructure,
as set out in the White Paper on European transport
policy for 2010 which the Commission has declared it
intends to present in 2003.

This measure is also justified by the need to protect the
environment from the consequences of pollution caused
by the transit of very high numbers of heavy goods vehi-
cles.

The European Environment Agency notes that enlarge-
ment of the European Union is likely to result in a huge
increase in transit traffic. The transitional points system

(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 (OJ C 214 E, 9.9.2003, p. 1) and Position of the Euro-
pean Parliament of 3 July 2003 (not yet published in the Official
Journal). Legislative Resolution of the European Parliament of 18
December 2003 (not yet published in the Official
Journal) and
Council Decision of 22 December 2003.

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

(6)

(7)

(8)

applicable to heavy goods vehicles travelling through
Austria should therefore be extended with a view to
enlargement to include the acceding countries.

The Convention on the protection of the Alps (Alpine
Convention), signed and approved by the European
Community (5), lays down various rules to reduce heavy
goods traffic in the Alpine area. In particular, it provides
that the volume of and dangers posed by intra-Alpine
and transalpine traffic are to be reduced to a level which
is not harmful to humans, animals and plants and their
habitats, by switching more traffic, in particular freight
traffic, to the railways in particular by providing appro-
priate infrastructure and incentives complying with
market principles, without discrimination on grounds of
nationality.

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 for the exercise of implementing
powers conferred on the Commission (6).

It is essential to find non-discriminatory solutions to
reconcile the obligations deriving from the Treaty
(including Articles 6, 51(1) and 71),
for instance as
regards free movement of services and goods and protec-
tion of the environment.

(9)

A transitional points system should therefore be estab-
lished 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 (7);

(b) ‘international carriage’ means

international carriage as

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

(5) Council Decision 96/191/EC of 26 February 1996 (OJ L 61,

12.3.1996, p. 31).

(6) OJ L 184, 17.7.1999, p. 23.
(7) 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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(c) ‘transit

traffic through Austria’ means

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

(d) 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;

(d) ‘heavy goods vehicle’ means all motor vehicles with a
maximum authorised weight of more than 7,5 tonnes regis-
tered in a Member State and designed for the transport of
freight and all trailer or semi-trailer combinations 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;

(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
the Community. The transitional points system implies no
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, in order to
2.
encourage the use of environment-friendly heavy goods vehi-
cles for transit traffic through Austria the following provisions
shall apply:

(a) the transit of heavy goods vehicles which, otherwise, would
use five points or less shall not be subject to the transitional
points system;

(b) the transit of heavy goods vehicles using six, seven or eight
points shall be subject to the transitional points system (2);

(c) the transit of heavy goods vehicles using more than eight
points shall be prohibited, with the exception of the transit
of such heavy goods vehicles registered in Greece and of
the transit of certain highly specialised vehicles of high cost
and with a long economic lifespan;

(1) OJ 70, 6.8.1962, p. 2005/62. Directive as last amended by Regu-

lation (EEC) No 881/92 (OJ L 95, 9.4.1992, p. 1).
(2) The available points for 2004 are given in Annex I.

(e) the value of the total NOx emissions attributable to heavy
goods vehicles shall be determined on the basis of the
former ecopoint system as laid down in Protocol 9 to the
1994 Act of Accession. Under that system, any heavy
goods vehicle crossing Austria in transit shall require a
number of points
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;

to its NOx

equivalent

(f) Austria shall

issue and make available in good time the
points required for the administration of the transitional
points system, pursuant to Annex II, for heavy goods vehi-
cles crossing Austria in transit;

(g) the annual total quota for NOx emissions is given in Annex
I and shall be managed and distributed among Member
States by the Commission in accordance with the same
principles as those applicable to the ecopoint system in
2003, pursuant to the provisions of Commission Regu-
lation (EC) No 3298/94 (3);

(h) the reallocation of points of the Community reserve shall
be weighted according to the criteria set out in Article 8(2)
of Regulation (EC) 3298/94 and, more particularly,
according to the actual use made of the points allocated to
Member States as well as to the specific needs of hauliers
transiting through Austria on the route Lindau-Bregenz-St.
Margrethen (Hörbranz-Transit).

3.
If the ‘Eurovignette’ proposal on charging for the use of
infrastructure is not adopted by 31 December 2004, all terms
of paragraph 2 shall be extended for one further year, and, if
is not adopted by 31 December 2005, for a
that proposal
second year at the most (4). After 2006, no transitional points
system shall be applied.

The Commission shall manage the transitional points
4.
system in accordance with the applicable provisions of Regu-
lation (EC) No 3298/94. The Commission, acting in accordance
with the procedure referred to in Article 5(2), shall adopt, if
necessary, further measures concerning the procedures relating
to the transitional points system, the distribution of points and
technical issues concerning the application of this Article.

Article 4

1.
As long as the provisions of Article 3(2) and, when
appropriate, of Article 3(3) apply, the Member States, under
their mutual cooperation arrangements, shall take any neces-
sary measures compatible with the Treaty against misuse of the
transitional points system.

(3) Commission Regulation (EC) No 3298/94 of 21 December 1994
laying down detailed measures concerning the system of rights of
transit
for heavy goods vehicles transiting through
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)

(4) The available points for 2005 and 2006 are given in Annex I.

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The decisions of the Commission adopted pursuant to
2.
Article 5 shall be consistent with a sustainable transport policy
devised for the Alpine region as a whole.

3.
Hauliers with a Community authorisation issued by the
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
transit through Austria shall, however, be subject to the provi-
sions of Article 3.

To the

extent necessary,

4.
any monitoring methods
including electronic systems relating to the implementation of
Article 3 shall be decided in accordance with the procedure
referred to in Article 5(2).

Article 5

1.

The Commission shall be assisted by a committee.

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

3.

The Committee shall adopt its Rules of Procedure.

Article 6

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

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

Done at Brussels, 22 December 2003.

For the European Parliament

The President

P. COX

For the Council

The President

A. MATTEOLI

ANNEX I

Points available for 2004, 2005 and 2006

Year

2004

2005

2006

Points for EU-15

6 593 487

6 246 462

5 899 436

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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 estab-
lished 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 certifi-
cate 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 point (a), 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 accordance with the procedure referred to in Article 5(2), calcu-
lates the number of journeys and the average level of NOx emissions from heavy goods vehicles and maintains statis-
tical records broken down according to nationality.