Regulation (EC) No 2888/2000 of the European Parliament and of the Council of 18 December 2000 on the distribution of permits for heavy goods vehicles travelling in Switzerland

30.12.2000 EN Official Journal of the European Communities L 336/9
REGULATION (EC) No 2888/2000 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 December 2000
on the distribution of permits for heavy goods vehicles travelling in Switzerland
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community and, in particular, Article 71 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure referred to in Article 251 of the Treaty (3),
Whereas:
(1) The Swiss Federal Council decided, on 1 November 2000, to allow heavy goods vehicles of up to 34 tonnes to travel on its territory from 1 January 2001 and to open up the quotas, from the same date, for vehicles the actual total laden weight of which is more than 34 tonnes but not more than 40 tonnes and for empty and light goods vehicles. That decision accompanied the introduction of the RPLP (heavy traffic levy) on the Swiss network.
(2) That decision is an autonomous measure taken by the Swiss Confederation and, as a result, it cannot be deemed to be a provisional application of the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road signed on 21 June 1999. The conclusion of that Agreement by the Community calls for the simultaneous entry into force of the seven agreements signed on the same date with the Swiss Confederation.
(3) It is necessary to establish on a lasting basis rules governing the distribution and management of the permits made available to the Community as from 1 January 2001.
(4) For practical and organisational reasons, the Commission should be entrusted with the task of distributing the permits to Member States.
(5) To that end, an allocation method should be established. Thereafter, Member States should share out the permits allocated to them among transport undertakings with reference to objective criteria.
(6) In order to ensure the optimal use of permits, all unallocated permits should be returned to the Commission for redistribution.
(7) The allocation of permits should be based on criteria that take full account of existing freight transport flows and genuine transport needs across the Alpine region.
(8) It may prove necessary to revise the allocation of permits on the basis of genuine traffic flows, while taking account of relevant items of the method described in Annex III. In carrying out such revision, the Commission should be assisted by a Committee.
(9) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4),