CELEX: 51992PC0107
Language: en
Date: 1992-04-30
Title: Proposal for a COUNCIL DECISION concerning the conclusion of the agreements on the transit of goods between the European Economic Community and Austria and the European Economic Community and Switzerland

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(92)107           final
                                           B r u s s e l s , 30 A p r i l 1992
                                Proposal for a
                               COUNCIL DECISION
  concerning the conclusion of the agreements on the transit of goods bet
                                                                               ween
                              0
 C ^ u ^ ^ n d ^ r z e M ^ r ^ "" ""<"• "" "* * — • " * ~ ' c
                        (presented by the Commission)
 ---pagebreak---                                     - 2 -
                           Explanatory memorandum
1. By its decisions of 7 December 1987 and 19 December 1988, the Council
authorized the Commission to start talks in the first and second phases of
negotiations between the Community and Austria and Switzerland,
respect ively.1
According to the Council's negotiating directives and the conclusions to be
drawn from them, the overall aim of the negotiations with the two countries
was to facilitate transit of goods across the Alps.
2. The Commission has been negotiating on the basis of these Council
decisions since the beginning of 1988. For various reasons, the
negotiations have proved to be both extremely complex and difficult.
Discussions were held in plenary sessions and in various expert groups.
The Council was regularly informed of progress and representatives of the
Member States were invited to all plenary sessions. The Council approved
the content of the two agreements at a special meeting on 21 October 1991.
At the same time, it was ensured that there was no discrepancy with the
negotiations on the European Economic Space.
The transit negotiations were concluded on 3 December 1991 when the draft
agreements were initialled.
3.   The following should be noted in relation to the individual agreements:
Austr ia
The agreement consists of five main titles and ten annexes. Titles 2
and 3, on rail, road and combined transport, make up the core of the
document.
   The decision also related to Yugoslavia. The Commission made a proposal
    for the conclusion of an agreement with that country in the field of
    transport on 12 June 1991 (see OJ No C 181/91).
 ---pagebreak---                                    - 3 -
Under the agreement, rail transport and combined transport are considered
the keys to the solution of the problems caused in particular by trans-
Alpine road haulage. The corresponding infrastructure on the main transit
routes and their extensions into Community territory should therefore be
reinforced and a series of measures taken to promote both forms of
transport. The implementation of these measures falls mainly within the
competence of the Member States concerned and their respective national
railway authorities.
The centrepiece of the arrangements for road transport is the introduction
of an "eco model", the aim of which is to achieve a balance between the
economic and environmental interests concerned. This model provides for a
60% reduction of initial levels of nitrous oxide emissions over a twelve-
year period. This will be possible only if the Community makes every
effort to fix stringent emission limits and road haulage operators
regularly renew their fleet of vehicles. Given these conditions, the "eco
model" could make it possible to increase transit journeys through Austria
by up to 8%.
The Commission will ensure that account is taken of the reciprocal rights
of access to the market agreed on 21 October 1991 when calculating the
"eco model" points provided for in Article 15(3).
 ---pagebreak---                                     - 4 -
Switzerland
The agreement with Switzerland, which consists of five main titles and
eight annexes, also provides for wide-ranging measures for the extension of
the railway infrastructure, including support measures to promote rail
transport and combined transport.   In particular, Switzerland has
undertaken to cover the cost of constructing two new railway lines with
tunnels through the base of the Alps. The cost of these two new sections
of railway could be well in excess of 20 billion Swiss francs, but they
should lead to a more than twofold increase in the capacity of transAlpine
railway traffic and to a reduction of the transit time through Switzerland
from in excess of five hours to about three hours.
These infrastructure measures, together with complementary action in
Community territory and corresponding measures for increasing capacity in
Austria, will make it possible to cope with the large growth in traffic
resulting from completion of the internal market. As has been emphasized
on several occasions by every Community institution, their realization is
therefore in the interest of the whole of Europe.
 In addition to the above, the agreement with Switzerland provides for a
series of measures to improve conditions for road transport. This
 includes, in particular, a regulation offering exemption from the current
restriction in Switzerland limiting the total weight of HGVs to 28 tonnes.
A certain number of HGVs up to 40 tonnes will be authorized where rail
capacity in combined transport operations is saturated.
4. The objectives and the content of the agreements fall within the scope
of the common commercial policy since, inter alia, they relate to access to
specific markets and the conditions which may govern or facilitate the
provision of transport services from or to a Member State in relation to
third countries. They are accordingly trade agreements the conclusion of
which must be based on Article 113 of the Treaty.
5. At its special meeting on trans-Alpine traffic on 21 October 1991, the
Council took note of the draft agreements and gave them its approval.
The Commission therefore proposes that the Council:
-   adopt the agreements formally on behalf of the Community;
    authorize the President of the Council to sign the document and give the
    necessary notification.
 ---pagebreak---                                    - 5 -
6. The text of the agreements is attached, as an Annex, to this proposal
for a Council Decision on the conclusion of transit agreements with Austria
and Swi tzerland.
 ---pagebreak---                                    - 6 -
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas, the agreements between the European Economic Community and Austria
and the European Economic Community and Switzerland can provide a lasting
solution to the current problems of trans-Alpine goods traffic; whereas it
is necessary to ensure the long-term, non-discriminatory development of
transit so as to enable international trade to be conducted at the least
possible cost to the public at large and to reduce to a minimum the
administrative and technical obstacles which affect it;
Whereas these objectives must, at the same time, take account of respect
for users' freedom of choice and aspects relating to road safety,
protection of public health and the environment in Alpine regions;
Whereas the objectives and the content of the agreements fall within the
scope of the common commercial policy and the technical norms laid down
contribute to the attainment of those objectives;
Whereas conclusion of the agreements must, accordingly, be based on
Article 113 of the Treaty,
HAS DECIDED AS FOLLOWS:
 ---pagebreak---                                    - 7 -
                                 Art icle 1
The agreements between the European Economic Community and Austria and
between the European Economic Community and Switzerland are hereby approved
on behalf of the Community.
The text of the agreements and the protocols and declarations annexed
thereto are attached to this Decision.
                                 Art icle 2
The President of the Council shall give the notification provided for in
the agreements.
Done at Brussels,                               For the Council
                                                The President
 ---pagebreak---                                    - 8 -
                            Financial statement
The two agreements do not give rise to any obligations involving a charge
on the Community budget. They relate only to those resources which are
already at the Community's disposal in connection with the common policy on
transport infrastructure.
Financing infrastructure projects within the Community is a responsibility
incumbent on the Member States in whose territory the projects are to be
carried out. Procurement of the required rolling stock is the
responsibility of the Member States' railway authorities.
 ---pagebreak---                                      - 9 -
                 Impact on small and medium-sized enterprises
The agreements have no special implications for small and medium-sized
enterprises. However, in common with large enterprises, they will have to
renew their vehicle fleets if they want to make more transit Journeys
through Austria under the provisions of the "eco model".
The agreements allow for a series of measures for the promotion of combined
transport.   In practice, these measures will, above all, improve access
conditions to combined transport for small and medium-sized road haulage
contractors.
                                                          %
 ---pagebreak---                                    - 8 -
                            Financial statement
The two agreements do not give rise to any obiigations involving a charge
on the Community budget. They relate only to those resources which are
already at the Community's disposal in connection with the common policy on
transport infrastructure.
Financing infrastructure projects within the Community is a responsibility
incumbent on the Member States in whose territory the projects are to be
carried out. Procurement of the required rolling stock is the
responsibility of the Member States' railway authorities.
 ---pagebreak---                                      - 9 -
                 Impact on small and medium-sized enterprises
The agreements have no special implications for small and medium-sized
enterprises. However, in common with large enterprises, they will have to
renew their vehicle fleets if they want to make more transit journeys
through Austria under the provisions of the "eco model".
The agreements allow for a series of measures for the promotion of combined
transport.   In practice, these measures will, above all, improve access
conditions to combined transport for small and medium-sized road haulage
contractors.
 ---pagebreak---                      Agreement
      between the European Economic Community
and the Republic of Austria on the transit of goods
                  by road and rail
 ---pagebreak---                                     - 2 -
                                   SUMMARY
PREAMBLE
TITLE I    AIMS, SCOPE AND DEFINITIONS
           Article 1    Aims
           Article 2    Scope
           Article 3    Definitions
TITLE II:  RAIL TRANSPORT AND COMBINED TRANSPORT
           Article 4:   General provisions
           Article 5:   Routes (Annex I)
           Article 6:   Infrastructure projects in
                        Austria (Annex II)
           Article 7:   Infrastructure projects in the
                        Community (Annexes III and IV)
           Article 8:   Capacity (Annex V)
           Article 9:   Supporting measures
           Article 10:  Pricing (Annex VI)
           Article 11:  Crisis situation
TITLE III: ROAD TRANSPORT
           Article 12   Weights and dimensions
           Article 13   Emissions (Annex VII)
           Article 14   Real costs
           Article 15   Reducing pollution (Eco point system)
                         (Annexes VIII and IX)
           Article 16:  Relationship between this Agreement and existing
                        bilateral road haulage traffic agreements
 ---pagebreak---                                   - 3 -
TITLE IV: CHECKS
          Article 17:  Checks (Annex X)
TITLE V:  GENERAL AND FINAL PROVISIONS
          Article 18:  Non-discrimination
          Article 19:  Additional measures
          Article 20:  Unilateral measures
          Article 21:  Transit Committee
          Article 22:  Dispute settlement
          Article 23:  Duration
          Article 24:  Entry into force
          Article 25:  Legal force of the Annexes
          Annex I (Article 5)
          Annex II (Article 6)
          Annex III (Article 7)
          Annex IV (Article 7)
          Annex V (Article 8)
          Annex VI (Article 10)
          Annex VII (Article 13)
          Annex VIII (Article 15)
          Annex IX (Article 15)
          Annex X (Article 17)
 ---pagebreak---                                    - 4 -
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
hereinafter referred to as "the Community",
of the one part,
THE REPUBLIC OF AUSTRIA,
hereinafter referred to as "Austria"
of the other part,
hereinafter referred to as the Parties,
 ---pagebreak---                                    - 5 -
Desirous of promoting international cooperation and international trade
through a coordinated European transport policy,
Whereas the problems caused by trans-Alpine transit traffic call for a
lasting solution which safeguards the quality of life of local residents,
protects the environment and guarantees international trade;
Whereas the latest clean technologies should be applied in this traffic in
order to reduce as quickly as possible the remaining quantitative and
qualitative nuisances;
Whereas the Alps impose natural limits on the expansion of road transport,
which accounts for certain differences between the road transport
legislation of the Parties;
Whereas in economic, environmental, social and safety terms, combined
transport represents the best medium- and long-term option for coping with
the growing volume of international trans-Alpine goods traffic;
The Parties hereby agree to take concerted action to promote rail transport
and combined transport and regulate road transport,
 ---pagebreak---                                     -6 -
                                  TITLE I
                        AIMS, SCOPE AND DEFINITIONS
                                 Article 1
                                    Aims
This Agreement between the Community and Austria is aimed at strengthening
cooperation between the Parties in Certain sectors of transport, and that
of trans-Alpine transit in particular.   The Parties therefore agree to take
coordinated action to promote the use of rail transport, and in particular
combined transport/ and regulate road traffic in the interests of public
health and the environment*
 ---pagebreak---                                 - 7 -
                              Article 2
                                Scope
(1) The Agreement shall cover transit by rail or road through Austrian
    territory.
(2) Cooperation between the Parties shall focus particularly on
    transport infrastructure, the support measures necessary for the
    development of rail transport and combined transport, the regulation
    of road haulage and the systematic exchange by the Parties of
    information regarding changes in their respective transport
    policies.
 ---pagebreak---                                    - 8 -
                                 Article 3
                                Definitions
For the purposes of this Agreement, the following definitions shall apply:
(1)    Transit traffic: traffic through Austrian territory from a departure
       point to a destination, both of which lie outside Austria;
(2)    Transit of goods by road: transit by heavy goods vehicles registered
       in one of the Parties, regardless of whether they are laden or not;
(3)    Combined transport: the carriage of goods by heavy goods vehicles or
       loading units which complete part of their journey by rail and
       either begin or end the journey by road, whereby transit traffic may
       under no circumstances cross Austrian territory on its way to or
       from a rail terminal by road alone;
(4)    Heavy goods vehicle: any motor vehicle designed to carry goods or
       haul trailers, including semi-trailer tractor units;
(5)    Loading units: containers, swap bodies, semi-trailers and trailers;
(6)    Maximum authorized weight: the maximum weight that may not be
       exceeded by a vehicle, stationary and ready to go, including the
       load, the driver and any persons carried;
 ---pagebreak---                                 - 9 -
(7) Axle loading: the sum, recorded for a stationary vehicle on a level
    road, of the loads transmitted by the wheels on a single axle or two
    axles where the distance between them is no more than one metre.
 ---pagebreak---                                  - 10 -
                               TITLE II
                RAIL TRANSPORT AND COMBINED TRANSPORT
                               Article 4
                          General provisions
(1) The Parties hereby agree to adopt and coordinate, within the limits
    of their respective competences, the measures needed for the
    development and promotion of rail transport and combined transport,
    which are vital for the solution of the problems caused primarily by
    the trans-Alpine carriage of goods by road.   The construction of the
    necessary infrastructure and the scheduling of such works, the
    development and operation of services and the implementation of
    support measures shall be coordinated and done in parallel.
(2) The measures specified for this purpose in Articles 6 to 10 shall
    comply with the rail transport provisions of the agreement of
    22 November 1989 between the Minister of Transport of the Italian
    Republic and the Minister of the Public Sector and Transport of the
    Republic of Austria  on transit over the Brenner and v/ith the
    agreement of 9 May 1990 between the Transport Minister of the
    Federal Republic of Germany, the Transport Minister of the Italian
    Republic and the Minister of the Public Sector and Transport of the
    Republic of Austria on the improvement of trans-Alpine rail
    transport.  These agreements are vital to the regulation of transit
    through Austrian territory.   The Parties shall therefore endeavour
    to use the means at their disposal to support the implementation of
    the measures specified in these agreements.
 ---pagebreak---                                 - 11 -
                              Article 5
                                Routes
(1) In pursuit of the objectives referred to in Article 4, the Parties
    shall plan a network for combined transport and trans-Alpine rail
    traffic on the basis of the routes laid down in Annex I.
(2) In the event of technical, economic or environmental changes
    affecting transit traffic and making necessary the establishment of
    additional routes, the Transit Committee referred to in Article 21
    shall without delay propose to the Parties the requisite amendments
    to Annex I.  The Parties shall if necessary start negotiations with
    the Member States and railway companies concerned.
 ---pagebreak---                                    - 12 -
                                 Article 6
                     Infrastructure projects in Austria
(1)    Short and medium-term measures
In addition to work already carried out to widen tunnels between Kufstein
and Brenner to permit the carriage of heavy goods vehicles with a corner
height of 4 metres, Austria undertakes to implement the measures listed in
Annex II.
 ---pagebreak---                                    - 13 -
                                 Article 7
                  Infrastructure projects in the Community
In the light of the Declaration in Annex III regarding the implementation
of infrastructure projects on Community territory, the plans of the Member
States and the works already carried out on the routes referred to in
Article 5, the measures listed in Annex IV are to be implemented in the
Community.
 ---pagebreak---                                    - 14 -
                                 Article 8
                                  Capacity
In accordance with the agreements listed in Article 4(2), the Parties
hereby undertake, in as far as their means and their competences allow, to
work towards the rapid construction and, within the bounds of what is
technically feasible, use of the railway capacity referred to in Annex V.
 ---pagebreak---                                - 15 -
                              Article 9
                         Supporting measures
(1) The Parties shall, where possible, act in concert to give priority
    to the following objectives in the promotion of rail transport and
    combined transport:
1.  the use of combined transport from start to finish and for long
    distances;
2.  the use of swap bodies and containers and, more generally, the use
    of modern unaccompanied transport technologies;
3.  the reinforcement of combined transport's competitiveness compared
    with road transport;
4.  the harmonization of the weights, dimensions and technical
    characteristics of combined transport equipment, in particular to
    ensure the requisite compatibility with tunnel gauges;
5.  the facilitation of access to the nearest suitably equipped
    terminal, in particular by the reciprocal waiving of authorization
    requirements for traffic to and from combined transport terminals;
6.  the drawing up of liability rules for combined transport services
    comparable to those already applicable to other modes of transport;
7.  the transfer of the carriage of hazardous goods to the railways
    wherever this increases safety;
8.  the improvement of ADR and RID provisions with regard to combined
    transport;
9.  the drafting of a legal framework for payload balancing in combined
    transport.
 ---pagebreak---                                 - 16 -
(2) The Parties shall, within the limits of their competences, prevail
    on the railway companies to:
    1.  assemble complete trains;
    2.  improve the reliability of deliveries and reduce delivery times,
        primarily by:
    2.1 reducing waiting times, particularly at frontiers;
    2.2 increasing the frequency of services and adapting them to the
        needs of the customer;
    2.3 increasing the productivity of the terminals through
        technological improvements and accelerated procedures and the
        reduction of waiting times; controls and formalities affecting
        trains at international frontiers or combined transport
        terminals must not take longer than those applicable to road
        transport; customs controls and formalities should take no more
        than one hour;
    2.4 transferring the performance of administrative formalities
        (customs, fiscal, veterinary and plant-health controls) to the
        terminals or to the point of departure or the final destination;
    3.  coordinate the procurement and financing of rolling stock
        (wagons and locomotives) in the quantities required by the
        increase in rail capacity;
    4.  take measures regarding the provision in the terminals of
        additional services (packaging, repair of combined transport
        equipment, cold storage, loading, etc.) and social facilities;
    5.  offer guaranteed journey times;
    6.  provide new links;
    7.  extend the system of reduced waiting at borders to as many goods
        trains as possible and promote the acceptance of wagons on
        trust, especially for combined transport trains;
 ---pagebreak---                             - 17 -
8.  improve the flow of information:
8.1 concerning wagon availability in order to reduce turnaround
    times and optimize patterns of use;
8.2 to customers, so enabling them to determine the exact location
    and time of arrival of consignments (an internationally
    compatible electronic data exchange network accessible also to
    customers).
 ---pagebreak---                                - 18 -
                             Article 10
                               Pricing
(1) Prices for rail transport shall be set by the competent authorities
    or bodies in each Party.  They shall ensure that the prices for
    combined transport are competitive with those for transport by road.
(2) The Parties shall, within the limits of their competences, endeavour
    to ensure that the market impact of aid granted by one Party is not
    reduced by measures taken by the other or a competent body
    established on its territory.
(3) In order to promote trans-Alpine combined transport, the Parties may
    authorize aid relating to infrastructure and fixed or mobile
    transhipment plant, aid for special combined transport equipment and
    operating aid for costs not covered.
 ---pagebreak---                                    - 19 -
                                 Article 11
                              Crisis situation
In the event of a serious disturbance in rail transit, such as a natural
disaster, the competent authorities of each Party shall take all possible
concerted action to maintain the flow of the traffic concerned within their
jurisdiction.  Priority shall be given to sensitive loads, such as
perishable foods.
 ---pagebreak---                                 - 20 -
                              Article 12
                       Weights and dimensions
(1) Goods vehicles, semi-trailers and trailers licensed in the Community
    may operate on Austrian territory where they conform to the
    dimensions and driven axle weights stipulated in the Community
    legislation as it stands at the time of this Agreement's entry into
    force.
(2) The total maximum authorized laden weight for motor vehicles with
    trailers shall be no more than 38 000 kg for articulated vehicles,
    39 000 kg for motor vehicles operating to and from the rail terminal
    with crane-handled semi-trailers and 42 000 kg in the case of
    vehicles with containers and swap bodies.
 ---pagebreak---                                 - 21 -
                             Article 13
                              Emissions
(1) In order to protect the environment and reduce gaseous, particulate
    and noise emissions from heavy goods vehicles, the Parties shall
    introduce strict environmental standards based on state-of-the-art
    and economically acceptable technology (see Annex V I I ) .
(2) The Parties shall consult each other at regular and frequent
    intervals during the preparation of such emission standards.
(3) As regards emission standards, heavy goods vehicles registered in
    one Party shall be authorized to operate freely in the territory of
    both Parties without prejudice to applicable road traffic
    regulations.
 ---pagebreak---                                 - 22 -
                              Article 14
                              Real costs
(1) The Parties shall endeavour gradually to introduce - as far as
    possible - a harmonized road traffic taxation system.  Initially,
    the aim of such a system shall be to charge infrastructure costs to
    heavy goods vehicles.  Subsequently, external costs, particularly
    environmental costs, shall also be charged to them.
(2) The Parties shall regularly consult each other in the preparation of
    such a system.  Where possible, they shall take account of the
    principle of territoriality and the particular costs borne by the
    Alpine region.
(3) If appropriate, the Parties shall open negotiations on the
    conclusion of a road traffic taxation agreement.  In the light of
    the objectives of paragraph 1, the main aim of such an agreement
    shall be to ensure freedom of movement of cross-border traffic,
    remove differences between the road traffic taxation systems of the
    Parties and eliminate distortions in competition within the road
    transport sector and between transport modes.
 ---pagebreak---                                   - 23 -
                               Article 15
                           Reducing pollution
(1) The Parties shall take the necessary regulatory measures for transit
    traffic through Austria in the interests of environmental protection
    and public health.
(2) The Parties agree to reduce the emissions and noise generated by
    heavy goods vehicles crossing Austrian territory in transit.      Such a
    reduction'shall be achieved by cutting NO x emissions since this
    requires the greatest technical effort as reflected in the statutory
    limit values.   It is assumed that the Parties will achieve the
    targeted reductions in noise emissions by heavy goods vehicles set
    out in Annex VII to this Agreement.    Where those targets are not
    achieved the Transit Committee shall discuss what steps need to be
    taken pursuant to paragraph 4 of Article 21(3).
(3) Total NO x emissions from heavy goods vehicles with a laden weight
    of over 7.5 tonnes, registered in one Party and crossing Austria in
    transit, shall, starting in 1992, be reduced by 60% in the twelve-
    year period until the end of 2003.    The initial value and annual
    reduction therein shall be determined in accordance with paragraphs
    4 and 5.
(4) The initial value shall be determined by multiplying
     (1) the level of NO x emissions in g NO x /kWh from heavy goods
         vehicles in transit established for 1991.     (It is agreed that
         this value shall be standardized on the current statutory
         COP value of 15.8g NO x /kWh);
 ---pagebreak---                                    - 24 -
      (2) by the number of transit Journeys in 1991.    A joint estimate
           will be made of the total number of journeys effected by heavy
           goods vehicles of over 7.5 tonnes registered in each of the
           Contracting Parties in transit operations for hire or reward, on
           own account or empty through Austria.
      This shall represent the total number of Eco points for 1991.
(5.1) The initial value equivalent to the total number of Eco points for
      1991 shall be reduced according to the percentages given in the
      Table in Annex V I M .
(5.2) If the number of journeys exceeds the figure established for 1991
      pursuant to paragraph 3(2) by more than 8% in any year between 1992
      and 2003, the number of Eco points calculated for the following year
      shall be reduced in accordance with the fourth paragraph of
      Annex IX.
(6)   The agreed reductions in total N0 X emissions from these heavy
      goods vehicles shall be administered according to an Eco point
      system.   Under this system any heavy goods vehicle crossing Austria
      in transit shall require a number of Eco points equivalent   to its
      N0 X emissions (authorized under the Conformity of Product [COP
      value] or the type-approval value).   The method of calculation and
      administration of such points is described   in Annex IX.
(7)   The competent Austrian authorities shall make available to the
      Commission of the European Communities the Eco point cards required
      for the administration of the point system pursuant to Annex   IX for
      Community heavy goods vehicles crossing Austria in all the various
      forms of transi t.
 ---pagebreak---                                   - 25 -
     These Eco point cards shall be distributed by the Community among
      its Member States in accordance with its own rules and procedures.
(8)  Austria shall use the same point system for Austrian-registered
     vehicles effecting transit operations. Paragraphs 3 and 4 shall
     apply by analogy).
(9)  The point system shall be administered with a minimum of red tape.
     To this end the Parties shall provide each other with administrative
     assistance and exchange information.   The Transit Committee shall
     regularly examine further ways in which the system might be improved
     and computerized.
(10) The basic data required to calculate the initial value and
     percentage reductions shall be made available to the Transit
     Commi ttee.
 ---pagebreak---                                  - 26 -
                               Article 16
      Relationship between this Agreement and existing bilateral
                    road haulage traffic agreements
(1) The authorizations provided for in the bilateral agreements between
    Member States of the Community and Austria shall be replaced by the
    Eco point card provided for in Article 15 if they were used for road
    haulage transit operations through Austria.
(2) Existing market access authorizations or arrangements under
    bilateral agreements shall remain in force, save where otherwise
    provided.
(3) The Transit Committee shall prepare a report on the bilaterally-
    agreed market access rights as at 21 October 1991.
 ---pagebreak---                                   - 27 -
                                Article 17
                                  Checks
Checks or formalities necessary to the implementation of this Agreement
between the Community and Austria, and in particular Articles 15 and 16
thereof, may be carried out at appropriate locations and with the frequency
required to ensure compliance with the appropriate standards.
 ---pagebreak---                                     - 30 -
                                   TITLE V
                        GENERAL AND FINAL PROVISIONS
                                 Article 18
                             Non-discrimination
The Parties undertake not to take any discriminatory measures falling
within the scope of this Agreement or in respect of traffic crossing Member
States of the Community.
 ---pagebreak---                                    - 29 -
                                 Article 19
                            Additional measures
Where one of the Parties finds in the course of application of this
Agreement that other measures falling within its scope would serve the
interests of a coordinated European transport policy and, in particular,
help to resolve the problem of trans-Alpine transit, it shall make
appropriate proposals to the other.
 ---pagebreak---                                    - 30 -
                                 Article 20
                            Unilateral measures
The Parties shall refrain from taking any unilateral measures which
discriminate against transit traffic authorized pursuant to this Agreement
 ---pagebreak---                                  - 31 -
                               Article 21
                           Transit Committee
(1) A Transit Committee is hereby set up to oversee implementation of
    this Agreement and to ensure its proper application.   The Parties
    shall regularly exchange within this Committee any information which
    may be required to ensure the proper application of this Agreement.
(2) 1.  The Transit Committee shall be made up of representatives of the
        Community and representatives of Austria.
    2.  The decisions of the Transit Committee shall be taken jointly by
        the delegations of the Parties.
    3.  The Transit Committee shall establish its own rules of
        procedure.
    4.  The Transit Committee shall be chaired in turn by each of the
        Parties.
    5.  The Transit Committee may set up working parties to assist it in
         fulfilling its functions.
(3)  1. The Transit Committee shall be convened at least once a year by
         its Chairman or Chairwoman in order to review the general
         functioning of the Agreement, and in particular, the ongoing
         implementation of the measures provided for in Articles 6 to 10.
 ---pagebreak---                            - 32 -
2. Every three years the Transit Committee shall submit a report
   on:
   (a)  the impact of road haulage traffic on the environment and
        the public's quality of life,
   (b)  the reduction in emissions from road haulage traffic,
   (c)  the charging of infrastructure and external costs,
   (d)  the calculation and utilization of combined transport
        capacity in Austria and Switzerland,
   and, where appropriate, put forward proposals to the Parties.
3. Either Party may request the Transit Committee to discuss the
   subject and application of this Agreement.  In the event of such
   a request the Transit Committee shall be immediately convened
   and may, in an emergency, adopt the necessary measures, which
   may last for no more than three months.
4. The Transit Committee shall be convened in cases of serious
   deviations from the values estimated in Article 15 and
   Annexes VIII and IX which are attributable to system errors such
   as inaccurate assumptions, other technical or legal
   developments, changes in the foreign trade situation arising
   from German unification or unforeseen practical implications of
 ---pagebreak---                                 - 33 -
        the point system.  Measures of no more than three months'
        duration may be taken to eliminate such discrepancies or
        measures may be proposed to the Parties provided the target
        reduction in emissions for the year 2003 is met.
(4) The Transit Committee shall be responsible in particular for the
    following:
    1.  proposing the necessary amendments to Annex I pursuant to
        Article 5(2);
    2.  overseeing the ongoing implementation of the measures provided
        for in Articles 6 to 10;
    3.  duties pursuant to Article 15(4) and (8);
    4.  consultations on unilateral measures pursuant to Article 20;
    5.  settling disputes pursuant to Article 22.
 ---pagebreak---                                    - 34 -
                                 Article 22
                             Dispute settlement
Any dispute between the Parties concerning the interpretation or
application of this Agreement shall be referred to the Transit Committee,
which shall endeavour to find a mutually acceptable solution.
 ---pagebreak---                                    - 35 -
                                Article 23
                                  Duration
This Agreement is concluded for 12 years.
 ---pagebreak---                                 - 36 -
                              Article 24
                           Entry into force
(1) This Agreement shall be drawn up in duplicate in the Danish, Dutch,
    English, French, German, Greek, Italian, Portuguese and Spanish
    languages, each text being equally authentic.
(2) This Agreement shall be subject to approval in accordance with the
    Parties' own procedures.
(3) This Agreement shall enter into force on the first day of the second
    month after the Parties have notified each other that the necessary
    legal procedures have been completed.
(4) The time and procedures for the introduction of the Eco point system
    (Article 15) in 1992 shall be established in an administrative
    agreement.
 ---pagebreak---                                    - 37 -
                                 Article 24
                         Legal force of the Annexes
Annexes I to X shall form an integral part of the Agreement
 ---pagebreak---                                    - 38 -
Annex I (Article 5)
(1)    The main European rail routes which run through Austrian territory
       and are relevant to transit traffic are as follows:
       1.  The Brenner route
           Munich - Verona - Bologna
       2.  The Tauern route
           Munich - Salzburg - Villach
       3.  The Pyhrn - Schober Pass route
           Regensburg - Graz
       4.  The Danube route
           Nuremberg - Vienna
(2)    The corresponding extensions and terminals form part of these main
       routes.
 ---pagebreak---                                    - 39 -
Annex II (Article 6)
INFRASTRUCTURE PROJECTS IN AUSTRIA
Austria will implement the following measures to expand rail capacity and
so improve rail transport and combined transport:
1.     Brenner
1.1    Short-term measures
           construction of the Innsbruck loop line
       -   measures affecting safety and operations
       -    introduction of computer-assisted train monitoring
       -    new block system arrangements
       -    installation of points for track changes between stations
       -    reconstruction of Worgl Station
       -    extensions to passing tracks in stations.
 1.2   Long-term measures
        -   In view of the importance of a new Brenner crossing Austria
            declares itself willing to pursue work already under way and
            step up cooperation with the Community with regard to the
            Brenner base tunnel project and its feeder lines.
 ---pagebreak---                                - 40 -
2.  Tauern
2.1 Short-term measures
        further development of two-track operation
        safety improvements.
2.2 Medium-term measures
        ad hoc line improvements
        increase in section maximum speed
        shortening of block sections.
3.  Pyhrn-Schober
    Short-term measures
        removal of the night-running ban on the Pyhrn section
        removal of the night-running ban on the Hieflau section,
 ---pagebreak---                                  - 41 -
3.2 Medium-term measures
        station upgrading and conversions
        improvement of safety systems
        shortening of block sections
        removal of level crossings
        reconstruction of the Traun-Marchtrenk curve
        selective track doubling.
3.3 Long-term measures
        continuation of track doubling on the entire Passau-
        Spielfeld/Strafi section
        rebuilding of the St Michael-Bruck section.
 ---pagebreak---                                      - 42 -
Annex III
          DECLARATION BY THE DELEGATION OF THE EUROPEAN COMMUNITIES
                                  on Article 7
1.  Within the Community, the execution of infrastructure projects will
depend on the Member States concerned assuming responsibility for works to
be carried out on their respective territories.
2.  Article 7 will be carried out as follows:
       The Commission will present a draft of the required measures to the
       Committee on Transport Infrastructure and examine this with the
       Member States affected (see the Council Decision of
       20 February 1978, OJ L 54, 25 February 1978).
-      The Community will use the resources available to it under the
       common policy for transport infrastructure to support these
       measures.    (See the Council Regulation of 20 November 1990, OJ
       L 326, 24 November 1990.)
 ---pagebreak---                                      - 43 -
Annex   IV (Article 7)
INFRASTRUCTURE PROJECTS ON COMMUNITY TERRITORY
    In the Community the following measures will be taken to increase rail
    capacity with a view to improving rail transport and combined transport:
(a)        In Germany and Italy
    In view of the importance of a new Brenner crossing the Community
   declares its readiness, as an extension to action taken hitherto, to
   step up its cooperation with Austria on the Brenner base tunnel project
   and access routes.
(b)        In Germany
*   Short-term measures
          combined transport terminals at Munich-Riem and Duisburg Port
          upgrading of the Munich-Rosenheim-Kufstein section;   in particular:
          reserved tracks for the S-Bahn (urban railway) between Zorneding
          and Graf ing;
   -      shortening of block sections (improvement of division into
          sections) between Grafing and Rosenheim and between Rosenheim and
          Kiefersfelden;
   -      construction of passing tracks (e.g. between the stations at
          GroBkarolinenfeld, Raubling and Fischbach);
   -      construction of rail-free access for platforms at GroBkarolinenfeId
          Station; and
   -      track layout changes at Rosenheim Station and further measures at
          the following stations: ABIing, Ostermiinchen, Brannenburg,
          Oberaudorf and Kiefersfelden.
 ---pagebreak---                                         44
*   Medium-term measures (up to the end of 1998, subject to planning
    permisst ion):
    -     upgrading of the Munich-MCihIdorf-Freilassing section.
(c)        In Italy
    Brenner
    -      the widening of tunnels on the Brenner-Verona line in order to
          permit the carriage of heavy goods vehicles with a corner height of
          4 m in accompanied or unaccompanied combined transport;
          the upgrading of the Verona-Quadrante Europa intermodal centre;
    -     track reinforcement and construction of new tunnels;
    -     the implementation of further technical measures (automatic block
          and two-way working on the busy stretches leading to the stations
          of Verona, Trento, Bolzano and Brenner) in order to increase
          capacity and further improve safety.
(d)       In the Netherlands
          Construction of a rail service centre in the Rotterdam conurbation.
 ---pagebreak---                                     - 45 -
Annex V (Article 8)
1.      AUSTRIAN RAILWAYS' ADDITIONAL CAPACITY FOR CARRIAGE OF GOODS IN
        TRANSIT THROUGH AUSTRIA:
Route                    Additional capacity:   transit goods trains/day (in
                         both directions)
                         Immediate   Short-term  Medium-term  Long-term
Brenner                  10-              70                      200:
Tauern
Salzburg - Villach -
Jesenice or Tarvisio     10-                            40
Pyhrn-* - Schober
Passau - (Salzburg)
 Selzthal - Graz -
 Spielfeld/Stra/3                          11'          22         60
 1
   An additional 28 trains have already been put on as a result of the
 "1 December 1989 Programme".
 2 of which four trains are available immediately.
 3 increased capacity on the feeder lines, but less reserve capacity on
 the Schober Pass section in the short and medium terms (particularly owing
 to construction work).
 ^ Might, in certain circumstances, be increased to 26 units, but* with no
 reserve capacity on the mountain section over the Schober Pass.
 5 This assumes that the Brenner Base Tunnel is built and that feeder
 lines in neighbouring States are upgraded.
 ---pagebreak---                                     - 46 -
2.     POTENTIAL CAPACITY INCREASE IN CONSIGNMENTS OR TONNES
Immediately
Since 1 December 1989 Austria has introduced 28 more goods and combined
transport trains into Brenner transit.   There is enough spare capacity on
these and already existing goods and combined transport trains to permit
about a quarter of freight currently transiting by road to be shifted onto
the railways.
In the short term
Short-term expansion will more than double rail capacity for transit
through Austria.   From 1994 - depending on the combined transport
technology used - there will be an annual increase in combined transport
capacity of 1.1 to 1.6 million consignements or over 20 million tonnes.
In the medium term
Until 1996 this capacity will be further expanded by 700 000 to 1.1 million
consignments a year through additional selective two-track development and
safety and operating improvements on the Tauern and Pyhrn routes.
 ---pagebreak---                                    - 47 -
In the long term
The Pyhrn-Schober route will be upgraded to two-track running by 2000.
Between 2005 and 2010 a Brenner base tunnel should further double capacity
on the Brenner route to as many as 400 trains a day.  Depending on the
technology chosen, the newly created combined rail transport capacity could
rise to 50 to 80 million tonnes a year after 2010.
Definitions
"Immediately" means available within the period of validity of the current
timetable.
"In the short term" means available from the end of 1994.
"In the medium term" means available from the end of 1996.
"In the long term" means available on the Pyhrn-Schober route from the end
of the year 2000, and on the Brenner Route from the end of 2010.
 ---pagebreak---                                    - 48 -
Annex VI
Declaration relating to Article 10
The Community delegation declares that aids from Community Member States
are subject to the provisions of the EEC Treaty, and in particular
Articles 92, 93 and 77 thereof.
 ---pagebreak---                                    - 49 -
Annex VII  (Article 13)
Joint Declaration relating to Article 13
1.  The European Community and Austria note with satisfaction that the
Council of the European Community has decided to reduce the maximum levels
of gaseous and noise emissions as COP values for lorries.
A comparison of the maximum permissible levels as COP values decided upon
by the Council and those laid down by Austria provides proof of the efforts
undertaken in the field of harmonization.
CO              HC              NO x            Particulates
4.9g/kWh        1.23 g/kWh      9.0 g/kWh       0.7 g/kWh       < 85 kW
                                                0.4 g/kWh       > 85 kW
These values are to be applicable from 1 October 1991 in Austria and
1 July 1992 in the European Community.
2.  The European Community and Austria will take action to reduce the COP
values of emissions still further in a second stage, relying in doing so on
the latest state of the art in environment-friendly motor vehicles and fuel
composition.  Harmonization will also prevail in this second stage.
The Council of the European Community has decided that with effect from 1
October 1996 the following exhaust-gas values will be introduced in the
Community:
CO              HC              NO x            Particulates
4.0 g/kWh        1.1 g/kWh      7.0 g/kWh       0.3/0.15 g/kWh
 ---pagebreak---                                    - 50 -
The Community and Austria shall consult one another in order to prepare for
the second stage and, not later than 1 January 1994, shall harmonize the
corresponding legal provisions with particular regard to the limit values
for particulate emissions.
3.  The Republic of Austria takes note of the Commission proposal of
26 June 1991, according to which maximum noise-emission levels are to be
introduced not later than 1 October 1995 for newly registered lorries:
Noise emissions:   Lorry < 150 kW:  78 dB (ISO measurement procedure)
                   Lorry > 150 kW:  80 dB (with a method of measurement
                                    suitable for urban traffic)
The Republic of Austria hereby states its intention to introduce the
following maximum noise-emission levels for newly registered lorries not
later than 1 October 1995:
Noise emissions: Lorry < 150 kW:   78 dB
                 Lorry > 150 kW:   80 dB
                  (ISO measurement procedure)
 ---pagebreak---                                   - 51 -
Annex VIII  (Article 15)
       Percentage of Eco points
1991   100.0%
1992    96.1%
1993    87.9%
1994    79.5%
1995    71.7%
1996    65.0%
1997    59.1%
1998    54.8%
1999    51.9%
2000    49.8%
2001    48.5%
2002    44.8%*
2003    40.0%*
       The calculation of the reduction for the years 2002 and 2003 is
       based on the assumption that a lorry with a NO x emission of
       5.0g/NOx/kWh will be available on the market from the year 2002
 ---pagebreak---                                    -  52 -
Annex IX    ( A r t i c l e 15)
                                                         4
1.     The following documents shall be submitted for each heavy goods
       vehicle each time it travels through Austria (in either direction):
        (a) a document showing the COP value for NO x emissions from the
              vehicle in question;
        (b) a valid points card issued by the competent authority.
   re   (a)
       In the case of a heavy goods vehicle registered after
       1 October 1990, the document showing the COP value shall be a
       certificate issued by the appropriate authority giving details of an
       official COP value for NO x emissions or the type-approval
       certificate showing the date of registration and value established
       for type-approval purposes.   In the latter case the COP value shall
       be the type-approval value increased by 10%.    Once such a value has
       been determined for a vehicle it cannot be changed during the
       vehicle's life.
       In the case of vehicles registered before 1 October 1990 and
       vehicles for which no certificate has been submitted, a COP value of
        15.8g/kWh shall be set.
   re   (b)
       The points card shall contain a certain number of points and shall
       be endorsed as follows on the basis of the COP value for the
       vehicles in question:
 ---pagebreak---                                   - 53 -
    1.   each g/kWh NO x emission corresponding to the value shown in
         the abovementioned document shall count as one point;
    2.   NO x emission values shall be rounded up to the next full point
         when they are to a decimal place of 0.5 or more, otherwise they
         shall be rounded down.
(2) The Austrian authorities shall provide the Commission with points
    cards pursuant to Article 15 in good time.
(3) The Transit Committee shall at three-month intervals calculate the
    number of journeys and the average NO x value of the vehicles
    detailed for each nationality.
(4) If Article 15(4)(2) applies, the number of eco points for the
    following year shall be reduced in the following way:
    The quarterly average NO x values for lorries in the current year
    (see paragraph (3)) will be extrapolated to produce the average
    NO x value anticipated for the following year.   The forecast value
    multiplied by 1.04 and the number of journeys in accordance with
    Article 15(3)(2) will be the number of eco points for the year in
    question.
 ---pagebreak---                                    - 54 -
Annex X   (Article 17)
                    EXCHANGE OF LETTERS CONCERNING CHECKS
To the Austrian ambassador
Your Excellency,
With regard to the Agreement signed today between the European Economic
Community and Austria on the transit of goods by road and rail, it is my
honour to inform you that the Community, with the aim of simplifying
frontier formalities, is interpreting, without prejudice to Articles 15 and
16 of the Agreement, Article 17 of the Agreement in the light of Council
Regulation (EEC) No 4060/89, and in particular Article 3 thereof, as
incorporated into the Agreement on the European Economic Area.
I would be grateful for your assent to the content of this letter.
I have the honour to be, Sir,
yours faithfully
                                    REPLY
To the Director-General
Sir,
 It is my honour to confirm the content of your letter, namely:
        "With regard to the Agreement signed today between the European
        Economic Community and Austria on the transit of goods by road and
        rail, it is my honour to inform you that the Community, with the aim
        of simplifying frontier formalities, is interpreting, without
        prejudice to Articles 15 and 16 of the Agreement, Article 17 of the
        Agreement in the light of Council Regulation (EEC) No 4060/89, and
        in particular Article 3 thereof, as incorporated into the Agreement
        on the European Economic Area.
        I would be grateful for your assent to the content of this letter."
 ---pagebreak---                              Agreement
between the European Economic Community and the Swiss Confederation
                                 on
               the carriage of goods by road and rail
 ---pagebreak---                                     -2-
                                  CONTENTS
        Recitals
TITLE I    AIMS, SCOPE AND DEFINITIONS
           Article 1 -  Aims
           Article 2 -  Scope
           Article 3 -  Definitions
TITLE II   RAIL TRANSPORT AND COMBINED TRANSPORT
           Article 4 -  General provisions
           Article 5:   Infrastructure projects and planning in Switzerland
           Article 6:   Infrastructure projects and planning in the
                        Community
           Article 7:   Support measures
           Article 8:   Pricing
           Article 9:   Crisis situation
TITLE III  ROAD TRANSPORT
           Article 10   Facilitation of road transport
           Article 11   Environmental protection
           Article 12   Taxation
           Article 13   Market access
TITLE IV   FACILITATION OF BORDER CROSSINGS
           Article 14:  Simplification formalities
TITLE V    GENERAL AND FINAL PROVISIONS
           Article 15   Non-discrimination
           Article 16   Unilateral measures
           Article 17   Additional measures
           Article 18   Joint Committee
           Article 19   Operation of the Committee
           Article 20   Duration of the Agreement
           Article 23   Entry into force
           Article 22   Annexes
           Article 23   Languages
 ---pagebreak---                                  -3-
Annex 1 Declaration on the scope of Article 3(3)
Annex 2 Infrastructure operations and measures planned in Switzerland
Annex 3 Declaration on the scope of the undertaking given in Article 6
Annex 4 Infrastructure operations and measures planned in the Community
Annex 5 Declaration by the Community delegation on Article 8 of the
        Agreement
Annex 6 Lists of exemptions:
        (a) from the ban on night and Sunday driving
        (b) from the 28-tonne limit
Annex 7 Joint declaration on the treatment of vehicle weights and
        dimensions
Annex 8 Draft exchange of letters on market access
 ---pagebreak---                                     -4-
THE COUNCIL OF THE EUROPEAN COMMUNITIES, hereinafter referred to as "the
Community",
of the one part,
THE SWISS FEDERAL COUNCIL on behalf of the SWISS CONFEDERATION, hereinafter
referred to as "Switzerland",
of .the other part,
Desirous of promoting international cooperation and international trade
through a coordinated European transport policy;
Considering the need for a lasting solution to the problems caused by
trans-Alpine transit, and that such a solution must safeguard the quality
of life of local residents, protect the environment and help, by more
effective traffic management, complete the European Community's internal
market and the European Economic Area;
Considering the natural obstacles to the development of trans-Alpine road
traffic, which account for certain points of difference between the road
traffic laws of the Parties;
Whereas road transport should nevertheless be facilitated;
Whereas in economic, environmental, social and safety terms, combined
transport represents the best medium and long-term option for coping with
the growing volume of international trans-Alpine goods traffic;
Whereas the different modes of transport must cover the costs they incur,
HAVE AGREED AS FOLLOWS:
 ---pagebreak---                                     -5-
                   TITLE I - AIMS, SCOPE AND DEFINITIONS
                             Article 1 -  Aims
This Agreement between the Community and Switzerland is aimed at
strengthening cooperation between the Parties in certain sectors of
transport, and that of trans-Alpine transit in particular.  The Parties
therefore agree to take coordinated action to promote the use of rail
transport, and in particular combined transport, in the interests of public
health and the environment, and improve market access and  facilite road
traffic by appropriate means.
 ---pagebreak---                                      -6-
       ^                      Article 2 - Scope
1. This Agreement shall apply:
   (a)   to Community transit traffic through Switzerland;
   (b)   to certain matters relating to bilateral traffic.
2. Cooperation shall focus particularly on transport infrastructure, the
support measures necessary for the development of rail transport and
combined transport, market access and the systematic exchange by the
Parties of information regarding changes in their respective transport
policies.
3. In the case of road haulage, the Agreement shall apply to transport
operations carried out by hauliers established in one of the Parties.
 ---pagebreak---                                     -7-
                          Article 3 - Definitions
1. For the purposes of this Agreement, the following definitions shall
   apply:
   (a)  Community transit traffic: the carriage of goods in transit through
        Swiss territory en route from or to a Member State of the
        Community;
   (b)  Bilateral traffic: the carriage of goods from the territory of one
        Party to the territory of the other;
2. Combined road/rail transport, hereinafter referred to as combined
   transport, shall mean the carriage of goods by heavy goods vehicles or
   loading units which complete part of their journey by rail and either
   begin or end the journey by road.
3. Carriage of goods shall mean journeys undertaken by heavy goods
   vehicles, whether laden or unladen.
4. Heavy goods vehicles shall mean lorries and tractor units, trailers and
   semi-trailers.
5. Loading units shall mean containers and swap bodies.
 ---pagebreak---                                      -8-
              TITLE II - RAIL TRANSPORT AND COMBINED TRANSPORT
                       Article 4 - General provisions
1. The Parties hereby agree to adopt and coordinate, within the limits of
their respective competences, the measures needed for the development and
promotion of rail transport and combined transport, which are vital for the
solution of the problems caused in particular, by the carriage of goods on
the north-south route through the Swiss Alps.   The construction of the
necessary infrastructure and the scheduling of such works, the development
and operation of services and the implementation of support measures shall
be coordinated and done in parallel.   The objective of such action shall be
to achieve the best possible return on the expenditure involved.
2. These measures shall be consistent with the provisions of the trilateral
agreement on the improvement of trans-Alpine combined road/rail goods
transport, signed on 3 December 1991 by the Minister of Transport of the
Federal Republic of Germany, the Head of the Federal Department of
Transport, Communications and Energy of the Swiss Confederation and the
Minister of Transport of the Italian Republic.
 ---pagebreak---                                     -9-
                                 Article 5
           Infrastructure operations and planning in Switzerland
Details of the measures planned are given in Annex 2.  They are based on
the following principles:
a) In the short and medium term:
   Switzerland shall progressively increase the combined transport capacity
   of the Gotthard and Lotschberg trans-Alpine routes from 330 000
   consignments in 1991 to 710 000 consignments in 1994.*
   Switzerland shall, by the end of 1994,* improve the Lotschberg-Simplon
   transit route so as to enable trains to carry lorries with a corner
   height of 4 metres.  These improvements shall be carried out in parallel
   with the corresponding work to be undertaken on Community territory as
   provided for in Article 6.
   In parallel with this work, Switzerland shall improve the rail links
   with these transit routes so as to speed up the flow of traffic and
   further increase capacity.
b) In the long term:
   Switzerland shall undertake further improvements to trans-Alpine transit
   routes, including:
   -    a railway line between Arth-Goldau and Lugano, including a Gotthard
        base tunnel (length about 50 km, work expected to take 12-15
        years);
        a base railway line between the Frutigen region and the Rhone
        valley, including a Lotschberg base tunnel (length about 30 km,
        work expected to take 7-10 years).
*  Or 1995, depending on the progress of works
 t
 ---pagebreak---                                     -10-
                                 Article 6
          Infrastructure operations and planning in the Community
1. In accordance with the declaration in Annex 3 and with the intentions of
the Member States, the following measures shall be taken in the Community:
   -    new terminals are to be created and existing terminals improved, in
        particular in Germany, northern Italy and the Rotterdam area;
        the clearance height of railway lines in northern Italy is to be
        increased so as to allow the unhindered passage of combined
        transport traffic, whether or not accompanied.  In particular, the
        tunnels on the Iselle-Domodossola line are to be enlarged before
        the end of 1994* so as to enable trains to carry lorries with a
        corner height of four metres;
   -    the capacity of certain sections of railway line in Germany, in
        particular between Mannheim and Basle, and in northern Italy is to
        be increased.
        Details of these plans are given in Annex 4.
   Or 1995, depending on the progress of works.
 ---pagebreak---                                     -11-
                                 Article 7
                              Support measures
1. In order to promote rail transport and combined transport, the Parties
shall give priority to the following objectives and take concerted action
to implement the relevant measures:
1.1.    to encourage users and consignors to use combined transport, in
        particular by making it competitive with road transport;
1.2.    to encourage the use of combined transport from start to finish and
        over long distances and to promote the use of swap bodies,
        containers and modern unaccompanied transport technologies in
        general.
1.3.    to harmonize the weights, dimensions and technical characteristics
        of combined transport, equipment in particular to ensure the
        requisite compatibility with tunnel gauges;
1.4     to facilitate access to the nearest suitably equipped terminals, in
        particular by the reciprocal waiving of authorization requirements
        for traffic to an from combined transport terminals without
        prejudice to Article 10 and Annex 6 to this Agreement;
1.5.    to draw up liability rules for combined transport services
        comparable to those already applicable to other modes of transport;
1.6.    to prevent discrimination between transport operators on the
        grounds of nationality, in particular in the organization and
        marketing of combined transport.
 ---pagebreak---                                    -12-
2. The Parties shall, within the limits of their competences, prevail on
the railway companies to:
2.1.    assemble complete trains;
2.2.    improve the reliability of deliveries and reduce delivery times in
        the combined transport sector, in particular by:
   2.2.1.  reducing waiting time, particularly at frontiers,
   2.2.2.  increasing the frequency of services,
   2.2.3.  improving productivity,
   2.2.1.  reducing administrative formalities;
2.3.    take the necessary coordinated measures to order and put into
        service such new equipment as is required by the level of traffic;
2.4.    endeavour to provide additional services (e.g. packaging, repairs,
        cold storage, etc.) within the terminals;
2.5.    offer guaranteed journey times;
2.6.    provide new rail links where this is justified on economic grounds
 ---pagebreak---                                     -13-
                                 Article 8
                                  Pricing
1. Prices for rail transport shall be set by the competent authorities or
bodies in each Party.  They shall ensure that the prices for combined
transport are competitive with those for transport by road.
2. The Parties shall endeavour to ensure that the market impact of the aid
granted by one Party is not reduced by measures taken by the other or a
competent body established on its territory.
3. In order to promote trans-Alpine combined transport, the Parties may
authorize aid relating to infrastructure and fixed or mobile transhipment
plant, aid for special combined transport equipment and operating aid for
costs not covered.
 ---pagebreak---                                     -14-
                                 Article 9
                              Crisis situation
In the event of a serious disturbance in rail transit traffic due for
instance to a natural disaster, the competent authorities of each Party
shall take all possible concerted action to maintain the flow of the
traffic concerned within their respective jurisdictions.  Priority shall be
given to sensitive loads, such as perishable foods.
 ---pagebreak---                                     -15-
                        TITLE III - ROAD TRANSPORT
                       A - TECHNICAL AND TAX ASPECTS
                Article 10 - Facilitation of road transport
1. The Parties, while respecting the 28-tonne limit on the total weight
transported and the ban on night and Sunday driving in Switzerland, and
subject to the exemptions referred to in Annex 6, shall endeavour to
facilitate the transport of goods by road.
2. To that end, the Swiss authorities shall take the following steps,
leading on from the abolition by the Federal Council of the excess weight
charge for frontier areas levied from 6 February 1990:
-  expansion and improvement of the national road network;
   raising of the vehicle weight tolerance from 2% to 5%;
-  widening of Ticino's frontier area with regard to motorway access for
   vehicles engaged in combined transport;
-  abolition of certain restrictions on the transportation of animals by
   road;
 ---pagebreak---                                    -16-
   raising of the length limit for articulated vehicles from 16 metres to
   16.5 metres;
-  raising of the length limit for road trains from 18 metres to 18.35
   metres;
-  raising of the total weight limit for three-axle vehicles with only one
   driven axle from 19 tonnes to 22 tonnes;
-  raising of the maximum width for road vehicles from 2.30 metres to 2.50
   metres and for refigerated vehicles to 2.60 metres.
3. Without prejudice to the provisions of paragraphs 1 and 2 of this
Article and the Agreement on the European Economic Area, should the latter
enter into force between the Community and Switzerland, Switzerland shall
admit road vehicles registered in the Community Member States and
conforming to the dimensions and driven axle weights stipulated in the
Community legislation as it stands at the time of this Agreement's entry
into forced
1  See also Annex 7 with regard to the treatment of weights and dimensions
 ---pagebreak---                                     -17-
                                 Article 11
                          Environmental protection
1. In order to better protect the environment, the Parties intend in
particular to introduce stringent standards to reduce gas, particulate and
noise emissions from heavy goods vehicles.
2. While developing these emissions standards, the Parties shall consult
each other regularly and frequently.
3. With regard to emissions standards, goods vehicles registered in one
Party shall be allowed to operate in the territories of both Parties,
subject to the provisions of Annex 6 ( H ) ( 3 ) .
 ---pagebreak---                                    -18-
                           Article 12 - Taxation
1. The Parties shall seek to phase in forms of road taxation which are as
far as possible coordinated.  They shall be aimed initially at making
vehicles pay for transport infrastructure and later also at making them pay
indirect costs, particularly environmental costs.
2. While developing their respective approaches to this, the Parties shall
consult each other regularly.  They shall as far as possible take account
of the principle of territoriality, and shall consider the special costs to
the Alpine regions.
3. The Parties shall, if appropriate, enter into negotiations to reach an
agreement regarding road taxation.  The main aim of such an agreement,
within the framework of the objective referred to in paragraph 1 above,
shall be to ensure the free flow of cross-border traffic, reduce the
differences between the road taxation systems applied by the two Parties
and eliminate distortions of competition within a single mode of transport
and between modes of transport arising from such differences.
 ---pagebreak---                                     -19-
                         :^ B - MARKET ACCESS
                        Article 13 - Market access
The two Parties declare their intention to grant each other access to the
transport market under the European Economic Area Treaty, or, if necessary,
on terms to be set out in a bilateral agreement.*
1   See Annex 8
 ---pagebreak---                                      -20-
                TITLE IV - FACILITATION OF BORDER CROSSINGS
                     AND SIMPLIFICATION OF FORMALITIES
                         ^f      Article 14
1. The Parties shall ende.avour to simplify the formalities, particularly
customs formalities, imposed during transport.
2. These measures shall be, taken in accordance with the Agreement between
the European Community and Switzerland on the facilitation of border
crossing, which entered into force on 1 July 1991.
 ---pagebreak---                                     -21-
                  TITLE V - GENERAL AND FINAL PROVISIONS
                      Article 15 - Non-discrimination
The Parties shall not take discriminatory measures in the fields covered by
the Agreement or with regard to traffic crossing Community Member States.
                      Article 16 - Unilateral measures
The Parties shall refrain from taking any unilateral measures which
discriminate against transit traffic authorized pursuant to this Agreement.
 ---pagebreak---                                     -22-
                      Article 17 - Additional measures
Where one of the Parties finds in the course of application of this
Agreement that other measures falling within its scope would serve the
interests of a coordinated European transport policy, and in particular,
help to resolve the problem of trans-Alpine transit, it shall make
appropriate proposals to the other.
 ---pagebreak---                                     -23-
                       Article 18 - Joint Committee
1. A Joint Committee is hereby established.   It shall be known as the
"Community/Switzerland Inland Transport Committee", and shall:
-  ensure proper implementation of this Agreement;
   ensure proper coordination of the development and establishment of
   combined transport infrastructure, services and support measures;
-  conduct regular exchanges of information on general policy issues
   relating to the inland carriage of goods and assess progress in the
   implementation of the Agreement;
   conduct a three-yearly review of the Agreement in the light of the
   progress made in its implementation and developments in the following
   fields in particular:
   -    the impact of road traffic on the environment and quality of life;
   -    the charging of infrastructure and external costs;
   -    the capacities of combined transport and the road network.
The Joint Committee shall also, where appropriate, make suitable
suggestions to the Parties.
2. Any dispute between the Parties concerning the interpretation or
application of this Agreement shall be referred to the Joint Committee,
which shall endeavour to find, a mutually acceptable solution.
3. The Joint Committee shall be made up of representatives of the Community
and representatives of Switzerland.
4. The Joint Committee shall establish its own rules of procedure.
 ---pagebreak---                                     -24-
                  Article 19 - Operation of the Committee
1. Meetings of the Joint Committee shall be chaired in turn by each of the
Parties in accordance with arrangements to be established by its rules of
procedure.
2. The Chairman shall convene meetings of the Joint Committee at least once
a year in order to review the general functioning of the Agreement.
The Joint Committee shall also meet whenever special circumstances so
require, at the request of either Party, in accordance with conditions to
be laid down in its rules of procedure.
3. The Joint Committee may decide to appoint working parties with a view to
obtaining their assistance in fulfilling its functions.
 ---pagebreak---                                     -25-
                  Article 20 - Duration of the Agreement
This Agreement is concluded for twelve years.
 ---pagebreak---                                     -26-
                       Article 21 - Entry into force
This Agreement shall be subject to ratification or approval in accordance
with the Parties' own procedures.  It shall enter into force once the
Parties have notified each other that the necessary legal procedures have
been completed.
 ---pagebreak---                                     -27-
                           Article 22 - Annexes
Annexes 1 to 8 shall form an integral part of the Agreement
 ---pagebreak---                                    -28-
                          Article 23 - Languages
This Agreement shall be drawn up in duplicate in the Danish, Dutch,
English, French, German, Greek, Italian, Portuguese and Spanish languages,
each text being equally authentic.
For the Swiss Federal Council,                  For the Council of the
                                                European Communities,
 ---pagebreak---                                     -29-
                                                        Annex 1
                    Declaration by the Swiss delegation
                        on the scope of Article 3(3)
The Swiss Confederation confirms, subject to the reservation that such
action be reciprocal, that the movement of empty Community vehicles on its
territory shall be subject to no restrictions other than those arising from
the general ban on night and Sunday driving and the 28-tonne limit.
 ---pagebreak---                                      -30-
                                                         Annex 2
        Infrastructure operations and measures planned in Switzerland
A. GENERAL
Swiss policy on goods transit rests on the following two pillars:
   Road
   The completed road network for north-south traffic, and traffic rules
   laid down in harmony with the International Convention of
   8 November 1968 on road traffic.
-  Rail
   Short, medium and long-term development of railway infrastructure, in
   particular so as to develop combined road/rail traffic.
   For environmental reasons and because of the limited capacity of the
   road network, the expected considerable growth in transit tonnage can no
   longer be borne by the road network.   Only a massive increase in railway
   capacity and services will be able to cope with the expected doubling of
   the volume of goods traffic between the north and south of Europe by
   2020 or 2030.
B. PROGRAMME OF WORK
The Parties shall agree on the measures to be taken, as follows:
 ---pagebreak---                                           -31-
1. Short-term progression
Increasing capacity yields the following progressive increase in supply:
          Number of consignments('000) via Gotthard and Lotschberg/Simplon
                                        GOTTHARD
                UCT   Container  UT   TT           Total
  •"»• •'—•••       •                            .  .  . . .
                  1      2      1+2     4          1+2+4
1994*         340        160    500   30              530
1993           203       110    313   67              380
1992           173       110    283   57              340
1991           165       110    275   55              330
                                       LOTSCHBERG
                UCT   Container  UT   TT           Total
                  6        7    6+7     9          6+7+9
1994*             0       80     80   100             180
1993              0       50     50     0               50
1992              0         0     0     0                0
1991              0         0     0     0                0
Total No of consignments
1994*         710 000
1993          430 000
1992          340 000
1991          330 000
Key to abbreviations:
TT:           Truck on train
UCT:          Unaccompanied combined transport
UT:           UCT + containers
*    Or 1995, depending on the progress of works.
 ---pagebreak---                                     -32-
This capacity will only be available in 1994* if the decisions on starting
the necessary work can be taken during the first half of 1991.
2. Basic action to be taken by 1994*
Increased capacity requires the creation of a "piggy-back" transport
corridor consisting of two routes - one via the St Gotthard and the other
via the Lotschberg-Simplon.  The aim is to treble the present capacity for
combined transport (excluding containers) via the St Gotthard and to
improve (where appropriate) the Lotschberg-Simplon route, thus enabling
three times as many goods to be carried as in 1988.
2.1.    Between now and 1994* the transitional arrangements planned by the
        Swiss government will enable 470 000 consignments or 10 million
        tonnes of goods to be sent via Switzerland - 710 000 consignments
        or 14 million tonnes if container transport is included.
2.2.    In operational terms, these arrangements involve:
   St Gotthard
   -    Putting into service 44 long trains, accounting for 370 000
        consignments per year.
   -    These supply figures are based on mixed traffic consisting of the
        unaccompanied and "truck on train" traffic.  They assume that
        capacity is fully utilized for 250 working days per year.
   -    The "truck on train" system can carry lorries with a corner height
        of 3.80 metres.  In the case of unaccompanied traffic,
        semi-trailers can be as much as 4 metres high.
*  Or 1995, depending on the progress of works.
 ---pagebreak---                                     -33-
   Lotschberg-Simplon
        Putting into service 14 "truck on train" trains, with a total
        capacity of 100 000 consignments per year.  This assumes that
        capacity is fully utilized for 250 working days per year..
        This rail corridor will provide "truck on train" transport for
        lorries or road trains having a maximum corner height of 4 m.
   -    The Swiss authorities note that the Italian authorities have
        undertaken to improve the "truck on train" infrastructure between
        Iselle and the Italian border by providing, in parti   .ar,
        sufficient clearance height for lorries or road trains having a
        corner height of 4 m.
2.3.    Combined transport plans thus involve terminals located outside
        Switzerland at places of strategic importance for transport (Rhine-
        Ruhr, Rhine-Main, Stuttgart, Bologna, Milan-Novara, Turin, Genoa,
        Florence and Rome).
        In this connection, the border crossing points for traffic entering
        and leaving Switzerland are:
        - to the north: Basle, Schaffhausen and Rielasingen;
        - to the south: Domodossola, Luino and Chiasso.
 ---pagebreak---                                        -34-
3. Foreseeable trends beyond 1994*
Once the Swiss "RAIL 2000" project is completed and provided that the
potential of the Lotschberg twin-track line is fully exploited, additional
capacity (up to 700 000 consignments per year) will become available after
1994.*    This increase in capacity contributes to the supply figures
referred to above and can be adapted to the actual rate of growth of the
combined transport market.
C. NEW RAILWAY LINE THROUGH THE SWISS ALPS
1. Projects
Switzerland undertakes to:
-   construct a new line between Arth-Goldau and Lugano, with a base tunnel
    at St Gotthard (about 50 km in length) and another under Monte Ceneri
    (13 k m ) ;
-   bore a base tunnel under the Lotschberg (around 30 k m ) .
These two routes together form the backbone of the modernized Swiss railway
network.      The work will take 7 to 10 years at the Lotschberg and 12 to 15
years at St Gotthard.      The first sections of the new transit network will
be open to traffic by the year 2005.
2. Capacity
Present north-south railway lines can carry 25 to 30 million tonnes
 (railway wagons and combined transport), with a transit time of just over
five hours.      The new infrastructure will increase this capacity to
67 million tonnes and reduce the journey time to just over three hours.       It
will also be able to carry heavier and longer trains.
In the case of combined transport, the planned improvements will (depending
on market conditions) enable 260 trains to be put into service carrying
43 million tonnes.
*   Or after 1995, depending on the progress of work.
 ---pagebreak---                                      -35-
                                                          Annex 3
                    Declaration by the Community delegation
              on the scope of the undertaking given in Article 6
1. 'Infrastructure operations in the Community shall be carried out on
   condition that the Member States concerned undertake to support the work
   to be done on their territory.
2. Article 6 shall be applied as follows:
   -     Within the Committee on Transport Infrastructures, the Commission
         shall propose and discuss with the Member States concerned the
         measures to be taken (see the Council Decision of 20 February 1978,
         OJ L 54, 25.02.1978).
   -     The Community as such, given its interest in solving the problem of
         trans-Alpine transit through Switzerland, shall support the
         implementation of those measures by deploying the resources
         available to it, notably in the context of the common policy on
         support for transport infrastructure (see the Council Regulation of
         20 November 1990, OJ L 326, 24.11.1990).
 ---pagebreak---                                     •36-
                                                        Annex 4
      Infrastructure operations and measures planned in the Community
A. General
1. In general, as regards both conventional rail transport and combined
   transport, the Parties have agreed to carry out the infrastructure
   improvements necessary to remove bottlenecks on Community railway lines
   which provide access to the Swiss network.  Such improvements should
   _ake place under a coordinated policies on transit infrastructure and
   operations ensuring the long-term viability, the consistency and long-
   distance continuity of combined traffic routes.
2. In this perspective, with a view to enabling the railways to cope with
   the expected sharp rise in demand and taking account of the work already
   carried out in a number of areas by the Community Member States directly
   concerned, the Community must, in consultation with Switzerland, take
   coordinated steps to:
   -    establish priorities and draw up a timetable for investment in
        infrastructure, terminals, the purchase of rolling stock, the
        introduction of services, etc.;
   -    draw up joint, supervised infrastructure plans in accordance with
        the order of priorities established;
   -    take the necessary financial measures.
 ---pagebreak---                                     -37-
B. Work programme
3. Certain infrastructure projects within the Community have already been
   recognized as necessary by the countries concerned and must be carried
   out according to a timetable agreed between the two Parties.   Such work
   could include:
4. With regard to the improvement of existing terminals and the creation of
   new terminals, the Community considers it particularly essential to take
   action:
   (a) in Germany
   . In the following regions:
         - Hamburg - Lubeck
         - the Ruhr
         - Mannheim/Frankfurt
   where the capacity of the existing terminals appears inadequate.
   . The combined transport facilities at Rielasingen/Singen and
      Freiburg-im-Breisgau must also be improved.
    (b) in Italy
   Facilities must be improved in the industrial areas, especially around
   Milan, Bologna and Turin.   The following terminals will have to be
   created or improved:
         Milan Rogoredo and Milan Segrate (unaccompanied traffic);
   -     Milan Greco Pirelli (improvements to the capacity and quality of
         the facilities);
         a terminal in the Turin area and terminals further south, in the
         Bologna, Florence and Rome areas;
   -     Busto Arzisio, the main terminal in the Milan area for accompanied
         and unaccompanied traffic from Switzerland: facilities to be
         extended;
 ---pagebreak---                                     -38-
        inauguration of Milano Segrate in 1992: in the near future, the
        multimodal centre serving Bologna Interporto station and the Turin
        Orbasano multimodal centre (work currently in progress) are also to
        be brought into service;
        Novara and Vercelli ("truck on train") unloading and reloading
        centres: capacity to be increased;
        in the short term, steps must be taken to encourage the creation of
        small, local terminals in border areas (e.g. Novara), so as to ease
        the burden on the major unloading/reloading centres.
   (c)  in the Netherlands
   Construction of a Rail Service Centre in Rotterdam.
5. The following work is required in connection with clearance heights and
   capacities of railway lines:
   (a) in Germany
   -    the capacity of certain sections of line between Mannheim and Basle
        (Karlsruhe - Basle) to be increased;
   (b) in Italy
   -    clearance height B (3.80 m) to be introduced on the Chiasso - Milan
        line and clearance height B+ (4 m) on the Domodossola - Turin line.
 ---pagebreak---                                     -39-
                                                        Annex 5
Declaration by the Community delegation concerning Article 8 of the
Agreement
The Community delegation declares that aid from the Member States of the
European Community is subject to the provisions of the Treaty establishing
the European Economic Community, and in particular Articles 92, 93 and 77
thereof.
 ---pagebreak---                                     -40-
                                                        Annex 6
            Exemptions from the ban on night and Sunday driving
                        and from the 28-tonne limit
The exemptions listed below are in accordance with the Federal Law on road
traffic of 19 December 1958.
I. Exemption from the ban on night and Sunday driving
   The following exemptions from the ban on night and Sunday driving are
   planned:
   (a)  Without special permission
   -    journeys made to provide emergency assistance in disasters;
   -    journeys made to provide emergency assistance in cases of accident,
        notably public transport and air accidents.
   (b)  With special permission
        For transport of goods which, because of their nature, justify
        night-time haulage and, for genuine reasons, haulage on Sundays:
   -    highly perishable agricultural products (berries, certain fruit and
        vegetables, flowers and freshly squeezed fruit juices, for example)
        from 1 April to 31 October;
   -    pigs and chickens for slaughter;
 ---pagebreak---                             -41-
fresh milk and highly perishable milk products;
circus equipment, musical instruments belonging to an orchestra,
theatre props, etc.;
dailies including an editorial component and postal consignments
transported under a legal service requirement.
 ---pagebreak---                                     -42-
   In the interests of easing approval procedures, authorizations valid for
   up to twelve months for any number of journeys may be issued, provided
   all the journeys are of the same nature*
II. Exemptions from the 28-tonne limit
1. For journeys originating abroad and finishing in the area of the Swiss
   frontier* (and vice versa).
   Exceptions are permitted without charge for any goods up to a total of
   40 tonnes and for 40-foot ISO containers in combined transport up to a
   total of 44 tohnes:  For reasons of road design, certain customs posts
   apply lower limits.
2. For journeys originating abroad and finishing beyond the Swiss frontier
   area* (and vice versa), and for transit through Switzerland.
   A total weight of over 28 tonnes may be authorized:
   a.   for the transport of goods which are indivisible, in cases in which
        the stipulations cannot be obeyed despite the use of a suitable
        vehicle;
   b.   for transfers or for the use of special vehicles, notably working
        vehicles which, owing to the purpose for which they are used, are
        not compatible with the provisions regarding weight;
   c.   for the transport in an emergency of damaged or broken-down
        vehicles;
   d.   for the transport of supplies for aircraft catering;
 ---pagebreak---                                     -43-
   e.   haulage by road during the initial and final stages of combined
        transport, usually within a 10 km radius of the terminal.
3. For transit through Switzerland on the Basle-Chiasso route, road
   vehicles registered in the Community may be permitted a weight, of over
   28 tonnes if transporting perishable foodstuffs or other urgent
   consignments (e.g. just-in-time delivery) and if their dimensions
   conform to those stipulated in Article 10 of this Agreement, provided
   combined transport capacity is saturated.  The number of permits
   allowing vehicles exceeding 28 tonnes to use Swiss roads will not in
   principle be greater than 50 per day in each direction.  T K e annual
   maximum is 15 000 permits for each direction.
   Only road vehicles meeting the latest Community anti-pollution standards
   (gaseous and particulate emissions) will be eligible for such permits.
   Vehicles first registered no more than two years before the date of
   application for an exemption shall also be considered eligible.
4. These exemptions will be granted on a case-by-case basis, using a
   procedure which is as simple as possible.  The rules for implementation
   of the exemptions Switzerland grants (listed in paragraph 3) will be
   laid down in an administrative arrangement dealing with the following in
   particular:
   -    the establishment of an administration centre in Berne to run the
        system.  The centre will be linked with a contact entity in the
        Community;
   -    the method for determining the point at which combined transport
        should be considered saturated;
 ---pagebreak---                                      -44-
  -     the means of communication which should be established between the
        users, the terminals and the administration centre.
* Switzerland's frontier area is defined in the Instructions of the
  Federal Police and Justice Department.    It is generally an area within a
  ten>»)4llometre radius of a customs post.
 ---pagebreak---                                     -45-
                                         Annex 7
                      Joint Declaration by the Parties
                 on the treatment of weights and dimensions
With regard to weights and dimensions, the Parties undertake to maintain
the status quo based on the principle of national treatment without
prejudice to the exceptions made in Annex 6 and Article 10(3).
 ---pagebreak---                                     -46-
                                         Annex 8 (see Article 13)
(Swiss delegation)
                                                 Berne,
To the Director-General
Dear Sir,
Wit; regard to the Agreement between the European Economic Community and
Switzerland signed today/ I have the honour to confirm that Switzerland
considers the issue of market access to be an essential element in its
relations with the Community in the field of transport.   I have taken note
of your proposal that the matter be dealt with in the treaty establishing a
European Economic Area.  My delegation is in agreement with this proposal,
provided that> in the event of the treaty not coming into being, the
Community and Switzerland immediately begin negotiations with a view to
granting reciprocal access to transport markets in accordance with
arrangements to be determined*
Yours faithfully,
 ---pagebreak---                                    -47-
Community delegation
Your Excellency,
With regard to the Agreement signed today between the Community and
Switzerland on the carriage of goods by road and rail, I have the honour to
acknowledge receipt from you of the following letter concerning market
access:
   "With regard to the Agreement between the European Econom'   Community
   and Switzerland signed today, I have the honour to confir.  .»at
   Switzerland considers the issue of market access to be an essential
   element in its relations with the Community in the field of transport.
   I have taken note of your proposal that the matter be dealt with in the
   treaty establishing a European Economic Area.  My delegation is in
   agreement with this proposal, provided that, in the event of the treaty
   not coming into being, the Community and Switzerland immediately begin
   negotiations with a view to granting reciprocal access to transport
   markets in accordance with arrangements to be determined."
It is my pleasure to accept its content in its entirety.
I have the honour to be, Sir, yours faithfully...
 ---pagebreak---     V                               u% -
                             Joint declaration
                           to the agreed minutes
The Community and Switzerland take the opportunity afforded by the
conclusion of the negotiations on inland transport to emphasize the
importance of fruitful cooperation and liberalization in the field of air
transport.  They believe that a solution should be reached as quickly as
possible on the basis of the Community "acquis".
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (92) 107 final
                                                      DOCUMENTS
EN                                                                          l i 07
                                 Catalogue number: CB-CO-92-161-EN-C
                                                             ISBN 92-77-43038-9
Office for Official Publications of the European Communities
1^2985 Luxembourg