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 Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria
Date: 2003-12-22
Institutions: European Commission
Subjects: Austria, Croatia, agreement (EU), carriage of goods, commercial vehicle, tradeable emission permit, transit

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.12.2003
COM(2003) 833 final

2003/0319 (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 Croatia concerning the
transitional points system applicable to heavy goods vehicles travelling through Austria

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 Croatia 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.

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,  a  system  of
ecopoints  similar  to  that  provided  for  by  Article  11  of  Protocol  9  to  the  Act  of
Accession of Austria, Finland and Sweden to the European Union will apply until 31
December 2003.

During its meeting on 14 and 15  December 2001 in  Laeken,  the  European  Council
asked for the system  of ecopoints which  applies in the Community  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  2004.2  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.

In accordance with the provisions of Article 11(5) of Protocol 6 to the Stabilisation
and  Association  Agreement  between  the  European  Communities  and  its  Member
States and Croatia3, if the European Community establishes rules aimed at reducing
pollution  caused  by  heavy  goods  vehicles  registered  in  the  European  Union,
equivalent rules must apply to heavy  goods vehicles registered in Croatia,  allowing
them to travel in Community territory.

The  Community  should  therefore  now  open  negotiations  with  Croatia  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 330, 14.12.2001, p. 3.
COM(2001) 807 final, 20.12.2001.
ratification pending

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 Croatia 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  Agreement  in  the  form  of  an  exchange  of  letters
between  the  European  Community  and  the  Republic  of  Croatia  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 Croatia 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 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

 
2003/0319 (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 Croatia 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)

(5)

The  Interim  Agreement  on  trade  and  trade-related  matters  between  the  European
Community and Croatia7, and in particular Protocol 6 on road transit traffic, provides
for  a  system  of  ecopoints  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  applicable  to  heavy  goods
vehicles travelling through Austria from 1 January.

The Commission 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  Croatia  concerning  the  transitional  points  system  applicable  to  heavy  goods
vehicles travelling through Austria.

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 330, 14.12.2001, p. 3.

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  transitional points system  applicable to heavy  goods
vehicles travelling through Austria 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 Croatia 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  the  outcome  of  the  conciliation  procedure
between the Council and the European Parliament on 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  policy8,  negotiations  between  the  delegation  of  the  Republic  of
Croatia and the delegation of the European Community were held in the context of Protocol 6
to  the  Interim  Agreement  on  trade  and  trade-related  matters  between  the  European
Community and the Republic of Croatia9, and taking into account the provisions of Article 11,
paragraph 5  of  Protocol 6  to  the  Stabilisation  and  Association  Agreement10  between  the
European  Communities  and  their  Member  States  and  the  Republic  of  Croatia,  and  the
following has been agreed:

1.

2.

3.

8

9

10

11

The transitional points system is applicable to the heavy goods vehicles registered in
Croatia, with a  maximum  authorised  weight  of  more  than  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 Croatia and
transiting Austria is:

for 2004, 172.378 points;

for 2005, 163.305 points;

for 2006, 154.233 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  Croatia
concerning  the system of ecopoints to  be applied to Croatian transit  traffic  through
Austria as from 1 January 200311.

OJ L 330, 14.12.2001, p.3
whose ratification is pending
OJ L 150 of 18.06.2003, p. 33
OJ L 330 of 14,12,2001, p.3

7

 
                                                
The  Interim Committee - and  thereafter the  Stabilisation  and Association Council -
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.

Please accept Sir, the assurance of my highest considerations.

On behalf of the European Community

8

 
B. Letter from the Republic of Croatia

Sir,

I refer to your letter of….., in which you inform me of the following:

“I have the  honour  to  inform  you  that,  following  the  outcome  of  the  conciliation  procedure
between the Council and the European Parliament on 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  policy12,  negotiations  between  the  delegation  of  the  Republic  of
Croatia and the delegation of the European Community were held in the context of Protocol 6
to  the  Interim  Agreement  on  trade  and  trade-related  matters  between  the  European
Community  and  the  Republic  of  Croatia13,  and  taking  into  account  the  provisions  of
Article 11, paragraph 5 of Protocol 6 to the Stabilisation and Association Agreement between
the  European  Communities  and  their  Member  States  and  the  Republic  of  Croatia,  and  the
following has been agreed:

1.

2.

3.

The transitional points system is applicable to the heavy goods vehicles registered in
Croatia, with a  maximum  authorised  weight  of  more  than  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 Croatia and
transiting Austria is:

for 2004, 172.378 points;

for 2005, 163.305 points;

for 2006, 154.233 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  Croatia
concerning  the system of ecopoints to  be applied to Croatian transit  traffic  through
Austria as from 1 January 2003.

The  Interim Committee - and thereafter the  Stabilisation and  Association  Council -
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.

12

13

whose ratification is pending
OJ L 150 of 18.06.2003, p.33

9

 
                                                
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 Republic of Croatia

10