CELEX: 32004R0862
Language: en
Date: 2004-04-29 00:00:00
Title: 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

30.4.2004          EN         Official Journal of the European Union                       L 161/ 35
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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
      OJ L 236, 23.9.2003, p. 17.
2
      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:
                                               Article 1
The Annexes to Regulation (EC) No 2888/2000 shall be replaced by the text set out in the Annex.
1
      OJ L 336, 30.12.2000, p. 9.
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                                               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
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                                              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                                           6,9
                 Denmark                                           1,4
                 Germany                                         25
                 Greece                                            0,9
                 Spain                                             2
                 France                                          15
                 Ireland                                           0,85
                 Italy                                           24
                 Luxemburg                                         1,45
                 Netherlands                                       8,9
                 Austria                                           8
                 Portugal                                          0,7
                 Finland                                           0,8
                 Sweden                                            0,75
                 United Kingdom                                    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.
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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                    Number of permits
                 Czech Republic                                    3 164
                 Estonia                                             440
                 Cyprus                                               66
                 Latvia                                              132
                 Lithuania                                           308
                 Hungary                                           1 934
                 Malta                                               352
                 Poland                                            2 109
                 Slovenia                                          1 055
                 Slovakia                                            440
                 Total                                            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                       2001 - 2004
             Belgium                                          14 067
             Denmark                                           1 310
             Germany                                          50 612
             Greece                                            5 285
             Spain                                             1 500
             France                                           16 126
             Ireland                                             220
             Italy                                            93 012
             Luxemburg                                         3 130
             Netherlands                                      21 517
             Austria                                           2 183
             Portugal                                            192
             Finland                                             867
             Sweden                                              381
             United Kingdom                                    9 598
             Total:                                          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                         Number of permits
                Czech Republic                                   1741
                Estonia                                           242
                Cyprus                                              36
                Latvia                                              73
                Lithuania                                         169
                Hungary                                         1 064
                Malta                                             193
                Poland                                          1 160
                Slovenia                                          580
                Slovakia                                          242
                Total                                            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."