Article 1 
This Regulation establishes the system of distribution, between the interested hauliers, of Ecopoints made Official Journal of the European Communities No L 373/2 21. 12. 92 available to the Community by virtue of Article 15 of the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail. Article 2 1. A number of Ecopoints equal to 96,66 % of the total available shall be distributed between the Member States according to the distribution scale shown in Annex I. 2. These Ecopoints shall be made available to the Member States, each year in two portions, the first before 1 October of the preceding year and the second before 1 March of the relevant year. Article 3 1. The competent authorities of the Member States will distribute their available Ecopoints in accordance with Article 2 to interested operators, established on their territory. 2. Each year the competent authorities of the Member States shall return to the Commission, by 15 October at the latest, any Ecopoints which, on the basis of available data and the estimates for traffic for the final month of the year, are likely not be used before the end of the year. Article 4 1. The Ecopoints, which are not distributed among Member States, in accordance with Article 2, as well as those which have been returned to the Commission, in accordance with Article 3, shall constitute a Community reserve. 2. The Ecopoints of the Community reserve are to be allocated by the Commission to the Member States, according to the procedure set out in Article 5, at least one month before the end of the year, taking into account the manner in which each Member State managed the Ecopoints allocated to it and the objective needs of the hauliers of each Member State, which may, in particular, be determined using the following criteria: - the special position of Italy and Greece, as detailed in Annex II, - a disadvantageous starting position, - problems with the technical upgrading of the vehicle fleet concerning NOx emissions, - geographical circumstances, - unforeseen occurrences. Article 5 The Commission shall be assisted by the committee set up by Article 4 of Decision 92/577/EEC. The representative of the Commission shall submit to the committee a draft concerning the allocation of Ecopoints of the Community reserve. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. The Commission shall adopt the allocation envisaged if it is in accordance with the opinion of the committee. If the allocation envisaged is not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal for the allocation of Ecopoints of the Community reserve. The Council shall act by a qualified majority. If, on the expiry of a period of four weeks from the date of referral to the Council, the Council has not acted, the proposed allocation of Ecopoints shall be adopted by the Commission. Article 6 This Regulation shall enter into force at the same time as the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 November 1992. For the Council The President J. PATTEN (1) Opinion delivered on 20 November 1992 (not yet published in the Official Journal).(2) Opinion delivered on 24 November 1992 (not yet published in the Official Journal).(3) See p. 4 of this Official Journal.(4) See p. 4 of this Official Journal.
Article 2 
1. A number of Ecopoints equal to 96,66 % of the total available shall be distributed between the Member States according to the distribution scale shown in Annex I. 2. These Ecopoints shall be made available to the Member States, each year in two portions, the first before 1 October of the preceding year and the second before 1 March of the relevant year. Article 3 1. The competent authorities of the Member States will distribute their available Ecopoints in accordance with Article 2 to interested operators, established on their territory. 2. Each year the competent authorities of the Member States shall return to the Commission, by 15 October at the latest, any Ecopoints which, on the basis of available data and the estimates for traffic for the final month of the year, are likely not be used before the end of the year. Article 4 1. The Ecopoints, which are not distributed among Member States, in accordance with Article 2, as well as those which have been returned to the Commission, in accordance with Article 3, shall constitute a Community reserve. 2. The Ecopoints of the Community reserve are to be allocated by the Commission to the Member States, according to the procedure set out in Article 5, at least one month before the end of the year, taking into account the manner in which each Member State managed the Ecopoints allocated to it and the objective needs of the hauliers of each Member State, which may, in particular, be determined using the following criteria: - the special position of Italy and Greece, as detailed in Annex II, - a disadvantageous starting position, - problems with the technical upgrading of the vehicle fleet concerning NOx emissions, - geographical circumstances, - unforeseen occurrences. Article 5 The Commission shall be assisted by the committee set up by Article 4 of Decision 92/577/EEC. The representative of the Commission shall submit to the committee a draft concerning the allocation of Ecopoints of the Community reserve. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. The Commission shall adopt the allocation envisaged if it is in accordance with the opinion of the committee. If the allocation envisaged is not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal for the allocation of Ecopoints of the Community reserve. The Council shall act by a qualified majority. If, on the expiry of a period of four weeks from the date of referral to the Council, the Council has not acted, the proposed allocation of Ecopoints shall be adopted by the Commission. Article 6 This Regulation shall enter into force at the same time as the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 November 1992. For the Council The President J. PATTEN (1) Opinion delivered on 20 November 1992 (not yet published in the Official Journal).(2) Opinion delivered on 24 November 1992 (not yet published in the Official Journal).(3) See p. 4 of this Official Journal.(4) See p. 4 of this Official Journal.
Article 3 
1. The competent authorities of the Member States will distribute their available Ecopoints in accordance with Article 2 to interested operators, established on their territory. 2. Each year the competent authorities of the Member States shall return to the Commission, by 15 October at the latest, any Ecopoints which, on the basis of available data and the estimates for traffic for the final month of the year, are likely not be used before the end of the year. Article 4 1. The Ecopoints, which are not distributed among Member States, in accordance with Article 2, as well as those which have been returned to the Commission, in accordance with Article 3, shall constitute a Community reserve. 2. The Ecopoints of the Community reserve are to be allocated by the Commission to the Member States, according to the procedure set out in Article 5, at least one month before the end of the year, taking into account the manner in which each Member State managed the Ecopoints allocated to it and the objective needs of the hauliers of each Member State, which may, in particular, be determined using the following criteria: - the special position of Italy and Greece, as detailed in Annex II, - a disadvantageous starting position, - problems with the technical upgrading of the vehicle fleet concerning NOx emissions, - geographical circumstances, - unforeseen occurrences. Article 5 The Commission shall be assisted by the committee set up by Article 4 of Decision 92/577/EEC. The representative of the Commission shall submit to the committee a draft concerning the allocation of Ecopoints of the Community reserve. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. The Commission shall adopt the allocation envisaged if it is in accordance with the opinion of the committee. If the allocation envisaged is not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal for the allocation of Ecopoints of the Community reserve. The Council shall act by a qualified majority. If, on the expiry of a period of four weeks from the date of referral to the Council, the Council has not acted, the proposed allocation of Ecopoints shall be adopted by the Commission. Article 6 This Regulation shall enter into force at the same time as the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 November 1992. For the Council The President J. PATTEN (1) Opinion delivered on 20 November 1992 (not yet published in the Official Journal).(2) Opinion delivered on 24 November 1992 (not yet published in the Official Journal).(3) See p. 4 of this Official Journal.(4) See p. 4 of this Official Journal.
Article 4 
1. The Ecopoints, which are not distributed among Member States, in accordance with Article 2, as well as those which have been returned to the Commission, in accordance with Article 3, shall constitute a Community reserve. 2. The Ecopoints of the Community reserve are to be allocated by the Commission to the Member States, according to the procedure set out in Article 5, at least one month before the end of the year, taking into account the manner in which each Member State managed the Ecopoints allocated to it and the objective needs of the hauliers of each Member State, which may, in particular, be determined using the following criteria: - the special position of Italy and Greece, as detailed in Annex II, - a disadvantageous starting position, - problems with the technical upgrading of the vehicle fleet concerning NOx emissions, - geographical circumstances, - unforeseen occurrences. Article 5 The Commission shall be assisted by the committee set up by Article 4 of Decision 92/577/EEC. The representative of the Commission shall submit to the committee a draft concerning the allocation of Ecopoints of the Community reserve. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. The Commission shall adopt the allocation envisaged if it is in accordance with the opinion of the committee. If the allocation envisaged is not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal for the allocation of Ecopoints of the Community reserve. The Council shall act by a qualified majority. If, on the expiry of a period of four weeks from the date of referral to the Council, the Council has not acted, the proposed allocation of Ecopoints shall be adopted by the Commission. Article 6 This Regulation shall enter into force at the same time as the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 November 1992. For the Council The President J. PATTEN (1) Opinion delivered on 20 November 1992 (not yet published in the Official Journal).(2) Opinion delivered on 24 November 1992 (not yet published in the Official Journal).(3) See p. 4 of this Official Journal.(4) See p. 4 of this Official Journal.
Article 5 
The Commission shall be assisted by the committee set up by Article 4 of Decision 92/577/EEC. The representative of the Commission shall submit to the committee a draft concerning the allocation of Ecopoints of the Community reserve. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. The Commission shall adopt the allocation envisaged if it is in accordance with the opinion of the committee. If the allocation envisaged is not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal for the allocation of Ecopoints of the Community reserve. The Council shall act by a qualified majority. If, on the expiry of a period of four weeks from the date of referral to the Council, the Council has not acted, the proposed allocation of Ecopoints shall be adopted by the Commission. Article 6 This Regulation shall enter into force at the same time as the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 November 1992. For the Council The President J. PATTEN (1) Opinion delivered on 20 November 1992 (not yet published in the Official Journal).(2) Opinion delivered on 24 November 1992 (not yet published in the Official Journal).(3) See p. 4 of this Official Journal.(4) See p. 4 of this Official Journal.
Article 6 
This Regulation shall enter into force at the same time as the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 November 1992