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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.12.2003
COM(2003) 837 final

2003/0323 (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 former Yugoslav Republic of
Macedonia 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 former Yugoslav Republic of Macedonia concerning the
transitional points system applicable to heavy goods vehicles travelling through Austria

(presented by the Commission)

EN

  EN

1.

2.

3.

4.

5.

EXPLANATORY MEMORANDUM

The  Agreement  between  the  European  Community  and  the  former  Yugoslav
Republic of Macedonia in the field of transport1 provides for a system of  ecopoints
applicable to traffic of the former Yugoslav Republic of Macedonia in transit through
Austria with effect from 1 January 1999.

In accordance with the provisions of Article 12(3)(b), 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.

The  Agreement  in  the  form  of  an  exchange  of  letters  between  the  European
Community and the former Yugoslav Republic of Macedonia concerning the system
of  ecopoints  to  be  applied  to  transit  traffic  of  the  former  Yugoslav  Republic  of
Macedonia  through  Austria  as  from  1  January  19993  establishes  the  number  of
ecopoints  allocated  to  heavy  goods  vehicles  of  the  former  Yugoslav  Republic  of
Macedonia for the period 1999-2003 on the basis of the "no less favourable treatment
for Community heavy goods vehicles" principle.

The Community  should  therefore  now open  negotiations  with  the  former  Yugoslav
Republic of Macedonia 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 348, 18.12.1997, p. 170.
COM(2001) 807 final, 20.12.2001.
OJ L 75, 21.03.2003, p. 34

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 former Yugoslav Republic of
Macedonia 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  former  Yugoslav  Republic  of  Macedonia
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  former  Yugoslav  Republic  of  Macedonia  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

 
2003/0323 (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 former Yugoslav Republic of Macedonia 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 Agreement between the European Community and the former Yugoslav Republic
of Macedonia7 in the field of transport 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 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 Agreement in
the form of an exchange of letters between the European Community and the former
Yugoslav Republic of Macedonia 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 348, 18.12.1997, p. 170.

5

 
                                                
HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters between the European Community and
the  former  Yugoslav  Republic  of  Macedonia  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 former
Yugoslav Republic of Macedonia 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
former Yugoslav Republic of Macedonia and the delegation of the European Community held
in  the  context  of  Article  12,  paragraph  3,  letter  b)  of  the  Agreement  between  the  European
Community  and  the  former  Yugoslav  Republic  of  Macedonia  in  the  field  of  transport8,  the
following has been agreed:

1.  The transitional points system is applicable to the heavy goods vehicles registered in
the former  Yugoslav Republic of Macedonia, 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  the  former

Yugoslav Republic of Macedonia and transiting Austria is:

for 2004, 68.780 points
for 2005, 65.160 points
for 2006, 61.540 points.

3.  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  former  Yugoslav  Republic  of
Macedonia  concerning  the  system  of  ecopoints  to  be  applied  to  transit  traffic  of  the
former Yugoslav Republic of Macedonia through Austria as from 1 January 19999.

The Joint Transport Committee  established by the Agreement between  the European
Community and the former Yugoslav Republic of Macedonia in the field of transport10
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 
9 
10 

OJ L 348, 18.12.1997, p. 170
OJ L 75, 21.03.2003, p. 34
OJ L 348, 18.12.1997, p. 169

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 former Yugoslav Republic of Macedonia

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
former Yugoslav Republic of Macedonia and the delegation of the European Community held
in  the  context  of  Article  12,  paragraph  3,  letter  b)  of  the  Agreement  between  the  European
Community  and  the  former Yugoslav Republic of Macedonia in  the field of transport11, the
following has been agreed:

1.  The transitional points system is applicable to the heavy goods vehicles registered in
the former  Yugoslav Republic of Macedonia, 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  the  former

Yugoslav Republic of Macedonia and transiting Austria is:

for 2004, 68.780 points
for 2005, 65.160 points
for 2006, 61.540 points.

11 

OJ L 348, 18.12.1997, p. 170

8

 
                                                
3.  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  former  Yugoslav  Republic  of
Macedonia  concerning  the  system  of  ecopoints  to  be  applied  to  transit  traffic  of  the
former Yugoslav Republic of Macedonia through Austria as from 1 January 1999.12

The Joint Transport Committee established  by the Agreement between  the European
Community and the former Yugoslav Republic of Macedonia in the field of transport
shall adopt, if necessary, further measures to the transitional points system 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 former Yugoslav Republic of Macedonia.

12 

OJ L 75, 21.03.2003, p. 34

9