Council Regulation (EC) No 862/2004 of 29 April 2004 adapting Regulation (EC) No 2888/2000 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: 2004-04-29
Institutions: Council of the European Union
Subjects: EU Accession Treaty, Switzerland, axle tax, commercial vehicle, transport document

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COUNCIL REGULATION (EC) No 862/2004 

of 29 April 2004 

adapting Regulation (EC) No 2888/2000 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 concerning the accession of the Czech Republic, the Republic of 

Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of 

Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak 
Republic to the European Union 1 (hereinafter referred to as the "Treaty of Accession") and in 

particular Article 2(3) thereof, 

Having regard to the Act concerning the conditions of accession of the Czech Republic, the 

Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the 

Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and 
the Slovak Republic and the adjustments to the Treaties on which the European Union is founded 2 

(hereinafter referred to as the Act of Accession) and in particular Article 57(1) thereof, 

Having regard to the proposal from the Commission, 

1 
2 

OJ L 236, 23.9.2003, p. 17. 
OJ L 236, 23.9.2003, p. 33. 

 
                                                 
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Whereas: 

(1) 

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 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.  

(2) 

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 alone or jointly with the European Parliament 

adopted the original act. 

(3) 

Regulation (EC) No 2888/2000 of the European Parliament and of the Council of 

18 December 2000 on the distribution of permits for heavy goods vehicles travelling in 
Switzerland1 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

The Annexes to Regulation (EC) No 2888/2000 shall be replaced by the text set out in the Annex. 

Article 1 

1 

OJ L 336, 30.12.2000, p. 9. 

 
                                                 
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This Regulation shall enter into force subject to, and as from the date of, the entry into force of the 

Treaty of Accession. 

Article 2 

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

Done at Luxembourg, 29 April 2004. 

For the Council 
The President 
M. McDOWELL 

 
 
 
 
 
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ANNEX 

"ANNEX I 

The Commission shall allocate "full-weight" permits to the Member States according to the 

Scale for allocating "full-weight" permits 

following scale: 

Member State 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Austria 
Portugal 
Finland 
Sweden 
United Kingdom 
Total: 

% 
6,9 
1,4 
25 
0,9 
2 
15 
0,85 
24 

1,45 
8,9 
8 
0,7 
0,8 
0,75 
3,35 
100 % 

The total number of permits to be allocated will amount to 300 000 for 2001 and 2002 and to 

400 000 for 2003 and 2004. 

 
 
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For the period 1 January 2004 to 31 December 2004, the Commission shall allocate 10 000 

additional "full-weight" permits to the Member States according to the following scale: 

Member State 

Czech Republic 
Estonia 
Cyprus 
Latvia 
Lithuania 
Hungary 
Malta 
Poland 
Slovenia 
Slovakia 
Total 

Number of permits 
3 164 
440 
66 
132 
308 
1 934 
352 
2 109 
1 055 
440 
10 000  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
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ANNEX II 

Scale for allocating "empty" permits 

The Commission shall allocate "empty" permits to the Member States according to the following 

scale: 

Number of "empty" permits available annually 

Member State 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Austria 
Portugal 
Finland 
Sweden 
United Kingdom 
Total: 

2001 - 2004 
14 067 
1 310 
50 612 
5 285 
1 500 
16 126 
220 
93 012 
3 130 
21 517 
2 183 
192 
867 
381 
9 598 
220 000 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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For the period 1 January 2004 to 31 December 2004, the Commission shall allocate 5 500 

additional "empty" permits to the Member States according to the following scale: 

Member State 
Czech Republic 
Estonia 
Cyprus 
Latvia 
Lithuania 
Hungary 
Malta 
Poland 
Slovenia 
Slovakia 
Total 

Number of permits 
1741 
242 
36 
73 
169 
1 064 
193 
1 160 
580 
242 
5 500  

 
 
 
 
 
 
 
 
 
 
 
 
 
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ANNEX III 

Methodology for determining the allocation of permits 

Allocation of the permits determined in Annexes I and II will take place on the basis of the 

following methodology: 

1. Member States of EU-15 

"Full-weight" permits 

Initially, each Member State will receive 1 500 permits. 

Thereafter, the remaining permits will be allocated in equal parts on the basis of criteria relating to 

bilateral traffic operations and transit traffic operations. 

This result will be adjusted slightly to take account of the specific geographical situation of certain 

Member States. 

Bilateral traffic 

The allocation will take place on the basis of the shares of each Member State in bilateral transport 

to and from Switzerland. 

Transit traffic 

The allocation will take place on the basis of the shares of heavy vehicles registered in the Member 

State concerned in the total number of diverted kilometres in north-south and south-north trans-

Alpine road traffic as a result of the current weight restrictions in Switzerland. 

 
 
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Diverted mileage will be calculated as the difference between the actual distance of trans-Alpine 

journeys and the shortest distance through Switzerland. The mileages through Switzerland will be 

adjusted by the addition of 60 kilometres to take into account border delays and road traffic 

conditions. 

For those Member States where the abovementioned method of calculation leads to an amount of 

less than 200, the allocation will be established at a level of 200 permits. 

"Empty" permits 

"Empty" permits will be allocated on the basis of the shares of vehicles registered in the Member 

States in the transit traffic through Switzerland of vehicles with a laden weight between 7,5 and 

28 tonnes. 

2. New Member States 

"Full-weight" permits 

Member States which have concluded bi-lateral agreements with Switzerland (Czech Republic, 

Estonia, Latvia, Lithuania, Hungary, Poland and Slovenia) will receive at least the same number of 

permits as they would have received under the bi-lateral agreements for the period 1 May 2004 to 

31 December 2004 if these agreements had remained in force throughout 2004. 

Cyprus, Malta and Slovakia are allocated permits on the basis of their shares of transport to and 

from as well as in transit through Switzerland in 2002. 

The rest of the permits available for the ten new Member States will be allocated on a pro-rata 

basis. 

"Empty" permits 

Given that the Community will receive 5 500 "empty" permits, which amounts to 55% of the 

number of "full-weight" permits, the "empty" permits will be allocated at this ratio."