Proposal for a Council Regulation adapting Regulation (EC) No 2327/2003 of the European Parliament and of the Council, in the field of transport, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Date: 2004-03-22
Institutions: European Commission
Subjects: Austria, commercial vehicle, road transport, sustainable mobility, tradeable emission permit, transit

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.3.2004 
COM(2004) 184 final 

Proposal for a 

COUNCIL REGULATION 

adapting Regulation (EC) No 2327/2003 of the European Parliament and of the Council, 
in the field of transport, by reason of the accession of the Czech Republic, Estonia, 
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM 

Regulation  (EC)  No  2327/2003  of  the  European  Parliament  and  of  the  Council  of  22 
December  2003  establishes  a  transitional  points  system  applicable  to  heavy  goods  vehicles 
travelling  through  Austria.  This  system  will  enter  into  force  for  the  new  Member  States 
subject to and on the date of entry into force of the Treaty of Accession. 

During the negotiations to adopt Regulation (EC) No 2327/2003 of the European Parliament 
and  of  the  Council,  a  draft  declaration  of  the  European  Parliament,  the  Council  and  the 
Commission  was  agreed  and  annexed  to  the  minutes  of  the  meeting  of  the  Conciliation 
Committee of 25 November 2003. This declaration indicates that the number of points to be 
allocated to the future Member States will be calculated on the basis of an agreed number of 
transit journeys, multiplied by the factor NOx for the year 2003 (6.08). A pro rata will also be 
calculated for the period from the date of accession until December 2004. For the years 2005 
and 2006, if the Regulation still applies, adjustments in the number of points allocated to the 
new  Member  States  will  be  modelled  on  adjustments  made  to  the  points  allocated  to  the 
current Member States.  

The annexed proposal for a Council Regulation therefore provides for a technical amendment 
to  be  made  to  Regulation  (EC)  No  2327/2003  in  order  to  fix  the  number  of  points  to  be 
distributed to the new Member States for the years 2004, 2005 and 2006. 

Article 2(3) of the Treaty of Accession stipulates that the institutions of the European Union 
can, prior to accession, adopt amendments to those acts which require adaptation by reason of 
accession as provided for in Article 57 of the Act of Accession. These measures shall enter 
into force subject to and on the date of entry into force of the Treaty of Accession. 

Article 57(2) of the Act of Accession provides that these adaptations will be adopted by the 
Council acting by qualified majority on a proposal from the Commission. 

The Council is therefore asked to approve the attached Commission proposal. 

2 

 
 
  
 
Proposal for a 

COUNCIL REGULATION 

adapting Regulation (EC) No 2327/2003 of the European Parliament and of the Council, 
in  the  field  of  transport,  by  reason  of  the  accession  of  the  Czech  Republic,  Estonia, 
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  the  Treaty  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia1,  and  in  particular  Article  2(3) 
thereof, 

Having  regard  to  the  Act  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia,  and  Slovakia2,  and  in  particular  Article  57(1) 
thereof, 
Having regard to the proposal from the Commission,3 

Whereas: 

(1) 

(2) 

(3) 

For  certain  acts  which  remain  valid  beyond  1  May  2004  and  require  adaptation  by 
reason of accession, the necessary adaptations were not provided for in the 2003 Act 
of  Accession,  or  were  provided  for,  but  further  adaptations  are  necessary.  All  these 
adaptations  need  to  be  adopted  before  accession  in  order  to  enter  into  force  as  from 
accession. 

Pursuant to Article 57(2) of the Act of Accession, such adaptations are to be adopted 
by the Council in all cases where the Council adopted the original act alone or jointly 
with the European Parliament. 

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 policy4 should therefore be amended, 

1 
2 
3 
4 

OJ L 236, 23.9.2003, p. 17. 
OJ L 236, 23.9.2003, p. 33. 
OJ C (…), (…), p. (…). 
OJ L 345, 31.12.2003, p. 30. 

3 

 
 
  
 
                                                 
HAS ADOPTED THIS REGULATION: 

In Regulation (EC) No 2327/2003, the following Annex III shall be added: 

Article 1 

“Annex III 

Number of points to be allocated to the new Member States 

Member State 

Basic allocation 
for 12 months 
2004 

Pro rata 
2004 * 

2005 ** 

2006 *** 

Czech Rep. 

486 874 

324 599

462 531

439 404 

Cyprus 

Estonia 

Lithuania 

Latvia 

Hungary 

Malta 

Poland 

Slovakia 

Slovenia 

3 040 

16 805 

42 037 

21 669 

2 027

2 888

2 744 

11 204

15 965

15 167 

28 026

39 935

37 939 

14 447

20 586

19 556 

730 208 

486 830

693 698

659 013 

14 592 

9 728

13 862

13 169 

332 479 

221 664

315 855

300 062 

144 248 

96 170

137 036

130 184 

356 448 

237 644

338 626

321 694 

TOTAL EUR 10 

2 148 400 

1 432 338

2 040 980

1 938 931 

*Pro rata distributed for the period 1 May – 31 December 2004. 
**Basic allocation for 2004 – 5% 
***Allocation for 2005 – 5% 

               » 

4 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 2 

This  Regulation  shall  enter  into  force  subject  to  and  on  the  date  of  entry  into  force  of  the 
Treaty  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary, 
Malta, Poland, Slovenia and Slovakia. 

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

Done at Brussels,  

For the Council 
The President 

5