Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement
Date: 2012-05-10
Institutions: European Commission
Subjects: European Economic Area, Norway, axle tax, large vehicle, revision of an agreement, toll, trans-European network

EUROPEAN COMMISSION 

Brussels, 10.5.2012  
COM(2012) 210 final 

2012/0104 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex XIII (Transport) to the EEA Agreement 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

In  order  to  ensure  the  requisite  legal  security  and  homogeneity  of  the  Internal  Market,  the 
EEA Joint Committee is to integrate all the relevant European Union legislation into the EEA 
Agreement as soon as possible after its adoption. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) 
aims to amend Annex XIII (Transport) by adding new European Union acquis in this field.  

This  concerns  Directive  2006/38/EC  of  the  European  Parliament  and  of  the  Council  of  17 
May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the 
use of certain infrastructures, which is to be incorporated into the Agreement.  

For  the  purpose  of  the  implementation  of  this  act,  the  following  adaptations  in  relation  to 
Norway are proposed: 

1. 

2. 

3. 

For  existing  tolling  arrangements  on  the  trans-European  road  network  in  south-
eastern Norway, the application of discounts or reductions in tolls for frequent users 
shall comply with Article 7(4b) of this Directive by 31 December 2014 at the latest; 

The existing tolling arrangements on the trans-European road network outside south-
eastern Norway can retain their current level of discounts provided that the share of 
international  heavy  goods  traffic  on  the  concerned  infrastructure  network  is  below 
30%; 

For  future,  new  tolling  arrangements  on  the  trans-European  road  network  outside 
south-eastern Norway, discounts or reductions in tolls for frequent users may exceed 
the level set out in Article 7(4b) of this Directive provided that: 

- 

- 

the  share  of  international  heavy  goods  traffic  on  the  infrastructure  network 
concerned is not higher than 5 %, 

the level of such discounts or reductions is justified by specific circumstances, 
notably  when  the  infrastructure  network  concerned  consists  of  bridges  and/or 
tunnels to replace a ferry. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  1(3)  of  Council  Regulation  (EC)  No  2894/94  concerning  arrangements  for 
implementing  the  EEA  Agreement  provides  that  the  Council  establishes  the  position  to  be 
adopted on the Union’s behalf on such Decisions, on a proposal from the Commission. 

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The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the 
Council as the Union’s position. The Commission would hope to be able to present it in the 
EEA Joint Committee at the earliest possible opportunity. 

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2012/0104 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex XIII (Transport) to the EEA Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 91(1) in conjunction with 218(9) thereof, 

Having regard to the Council Regulation (EC) No 2894/94 of 28 November 1994 concerning 
arrangements  for  implementing  the  Agreement  on  the  European  Economic  Area1,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the European Commission,  

Whereas: 

(1) 

(2) 

(3) 

Annex XIII to the Agreement on the European Economic Area (hereinafter referred to 
as  "the  EEA  Agreement")  contains  specific  provisions  and  arrangements  concerning 
transport. 

Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 
amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use 
of certain infrastructures2 is to be incorporated into the Agreement, 

It is appropriate to include in the Agreement a provision allowing for an adaptation in 
relation to tolling arrangements on the trans-European road network in Norway, 

(4) 

Annex XIII to the EEA Agreement should therefore be amended accordingly. 

HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  Union  in  the  EEA  Joint  Committee  on  the  proposed 
amendment to Annex XIII to the EEA Agreement shall be based on the draft Decision of the 
EEA Joint Committee attached to this Decision. 

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2 

OJ L 305, 30.11.1994, p. 6. 
OJ L 157, 9.6.2006, p. 8. 

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Article 2 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Draft (12.03.2012) 

DECISION OF THE EEA JOINT COMMITTEE  
No 

of 

amending Annex XIII (Transport) to the EEA Agreement 

THE EEA JOINT COMMITTEE, 

Having regard to the Agreement on the European Economic Area, as amended by the Protocol 
adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  ‘the 
Agreement’, and in particular Article 98 thereof, 

Whereas: 

(1) 

(2) 

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …3. 

Directive  2006/38/EC  of  the  European  Parliament  and  of  the  Council  of  17  May 
2006  amending  Directive  1999/62/EC  on  the  charging  of  heavy  goods  vehicles  for 
the use of certain infrastructures4 is to be incorporated into the Agreement, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Point  18a  (Directive  1999/62/EC  of  the  European  Parliament  and  of  the  Council)  of  Annex 
XIII to the Agreement shall be amended as follows: 

1. 

The following indent shall be added: 

‘- 

32006  L  0038:  Directive  2006/38/EC  of  the  European  Parliament  and  of  the 
Council of 17 May 2006 (OJ L 157, 9.6.2006, p. 8).’ 

2. 

The adaptation text shall be amended as follows: 

(i)  The texts of adaptations (d) and (e) shall be deleted. 

(ii)  Adaptation (f) shall be renumbered as adaptation (e). 

(iii)  The following adaptation shall be added before new adaptation (e): 

‘(d)  The following shall be added at the end of Article 7(4b): 

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OJ L … 
OJ L 157, 9.6.2006, p. 8. 

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“(a)  For  tolling  arrangements  on  the  trans-European  road  network  in 
south-eastern Norway which are already in place on the date of the 
entry  into  force  of  Decision  of  the  EEA  Joint  Committee  No 
xx/2012,  the  application  of  discounts  or  reductions  in  tolls  for 
frequent users shall comply with Article 7(4b) of this Directive by 
31 December 2014 at the latest. 

(b)  On the trans-European road network in other parts of Norway, the 
current  level  of  discounts  or  reductions  in  tolls  for  frequent  users 
may be applied to tolling arrangements already in place on the date 
of the entry into force of Decision of the EEA Joint Committee No 
xx/2012 provided that the share of international heavy goods traffic 
on the infrastructure network concerned is below 30 %. 

For tolling arrangements put in place after the date of the entry into force 
of  Decision  of  the  EEA  Joint  Committee  No  xx/2012,  discounts  or 
reductions  in  tolls  for  frequent  users  may  exceed  the  level  set  out  in 
Article 7(4b) of this Directive provided that: 

- 

- 

the  share  of  international  heavy  goods  traffic  on  the 
infrastructure network concerned is not higher than 5 %, 

the  level  of  such  discounts  or  reductions  is  justified  by 
specific  circumstances,  notably  when  the  infrastructure 
network  concerned  consists  of  bridges  and/or  tunnels  to 
replace a ferry.”’ 

The texts of Directive 2006/38/EC in the Icelandic and Norwegian languages, to be published 
in the EEA Supplement to the Official Journal of the European Union, shall be authentic. 

Article 2 

This  Decision  shall  enter  into  force  on  ,  provided  that  all  the  notifications  under  Article 
103(1) of the Agreement have been made to the EEA Joint Committee*. 

Article 3 

* 

[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

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This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the 
Official Journal of the European Union. 

Article 4 

Done at Brussels, . 

For the EEA Joint Committee 

The President 

The Secretaries 
to the EEA Joint Committee 

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