Corrigendum to 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 (OJ L 161, 30.4.2004)
Date: 2004-06-09
Institutions: Council of the European Union
Subjects: EU Accession Treaty, Switzerland, axle tax, commercial vehicle, transport document

L 206/14

EN

Official Journal of the European Union

9.6.2004

Corrigendum to 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

(Official Journal of the European Union L 161 of 30 April 2004)

Regulation (EC) No 862/2004 should read as follows:

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 Com-
munity,

Having regard to the Treaty concerning the accession of the
Czech Republic,
the Republic of
the Republic of Estonia,
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,

the Czech Republic,

the Republic of Estonia,

Having regard to the Act concerning the conditions of acces-
sion of
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,

(2)

(3)

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 alone or jointly with the European
Parliament adopted the original act.

Regulation (EC) No 2888/2000 of the European Parlia-
ment and of the Council of 18 December 2000 on the
distribution of permits for heavy goods vehicles travel-
ling in Switzerland (3) should therefore be amended
accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to the proposal from the Commission,

Whereas:

(1)

For certain acts which remain valid beyond 1 May 2004
and require adaptation by reason of accession, the neces-
sary adaptations were not provided for in the Act of
Accession, or were provided for, but further adaptations

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

Article 2

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

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

(1) OJ L 236, 23.9.2003, p. 17.
(2) OJ L 236, 23.9.2003, p. 33.

(3) OJ L 336, 30.12.2000, p. 9.

9.6.2004

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Official Journal of the European Union

L 206/15

ANNEX

“ANNEX I

Scale for allocating “full-weight” permits

The Commission shall allocate “full-weight” permits to the Member States according to the following scale:

Member State

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

%

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

Total

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.

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

Number of permits

Czech Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Slovenia

Slovakia

3 164

440

66

132

308

1 934

352

2 109

1 055

440

Total

10 000

L 206/16

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Official Journal of the European Union

9.6.2004

ANNEX II

Scale for allocating “empty” permits

The Commission shall allocate “empty” permits to the Member States according to the following scale:

Member State

2001 to 2004

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

Total

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

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

Number of permits

Czech Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Slovenia

Slovakia

1 741

242

36

73

169

1 064

193

1 160

580

242

Total:

5 500

9.6.2004

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Official Journal of the European Union

L 206/17

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

“ F u ll-we i g ht” pe r mi ts

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 Swit-
zerland.

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.

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

“ F u ll-we i g ht” pe r mi ts

Member States which have concluded bilateral 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 bilateral 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.

“ E mpty” pe rmits

Given that the Community will receive 5 500 “empty” permits, which amount to 55 % of the number of “full-
weight” permits, the “empty” permits will be allocated at this ratio.”