Decision of the EEA Joint Committee No 15/1999 of 29 January 1999 amending Annex XIII (Transport) to the EEA Agreement
10. 2. 2000 EN Official Journal of the European Communities L 35/45 DECISION OF THE EEA JOINT COMMITTEE No 15/1999 of 29 January 1999 amending Annex XIII (Transport) to the EEA Agreement THE EEA JOINT COMMITTEE, Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof, Whereas Annex XIII to the Agreement was amended by Decision No 121/98 of the EEA Joint Committee of 18 December 1998 (1); Whereas Protocol 9 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments of the Treaties on which the European Union is founded (2) has replaced, from the date of accession of Austria to the European Union on 1 January 1995, the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail (3); Whereas Articles 11 and 12 of Protocol 9 to the Act of Accession of Austria, Finland and Sweden provide for a special regime concerning the transit of heavy goods vehicles through Austria and concerning the international carriage of goods by road to and from Austria based on a system of rights of transit (ecopoints); Whereas Commission Regulation (EC) No 3298/94 (4) lays down detailed measures concerning the system of rights of transit (ecopoints) for heavy goods vehicles transitting through Austria, established by Article 11 of Protocol 9 to the Act of Accession of Austria, Finland and Sweden; Whereas Commission Regulation (EC) No 1524/96 (5) amends Regulation (EC) No 3298/94; Whereas Protocol 9 to the Act of Accession of Austria, Finland and Sweden, Regulation (EC) No 3298/94 and Regulation (EC) No 1524/96 are to be incorporated into the Agreement; Whereas the adaptations to Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (6) made by Chapter VI, A, point 6 of Annex I to the Act of Accession of Austria, Finland and Sweden are to be incorporated into the Agreement, HAS DECIDED AS FOLLOWS: Article 1 The following shall be added in point 26a (Council Regulation (EEC) No 881/92 in Annex XIII to the Agreement: ‘, and as amended and supplemented by: — 1 94 N: Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments of the Treaties on which the European Union is founded (OJ C 241, 29. 8. 1994, p. 21 as adjusted by OJ L 1, 1. 1. 1995, p. 1); — 394 R 3298: Commission Regulation (EC) No 3298/94 of 21 December 1994 laying down detailed measures concerning the system of rights of transit (ecopoints) for heavy goods vehicles transitting through Austria, established by Article 11 of Protocol 9 to the Act of Accession of Austria, Finland and Sweden (OJ L 341, 30. 12. 1994, p. 20); (1) OJ L 297, 18. 11. 1999, p. 50. (2) OJ C 241, 29. 8. 1994, p. 21, as adjusted by OJ L 1, 1. 1. 1995, p. 1. (3) OJ L 373, 21. 12. 1992, p. 6. (4) OJ L 341, 30. 12. 1994, p. 20. (5) OJ L 190, 31. 7. 1996, p. 13. (6) OJ L 95, 9. 4. 1992, p. 1 as corrected by OJ L 213, 29. 7. 1992, p. 36. L 35/46 EN Official Journal of the European Communities 10. 2. 2000 — 396 R 1524: Commission Regulation (EC) No 1524/96 of 30 July 1996 amending Regulation (EC) No 3298/94, with regard to the system of ecopoints for heavy goods vehicles transitting through Austria (OJ L 190, 31. 7. 1996, p. 13). ’ Article 2 Adaptations (a) to (g) in point 26a (Council Regulation (EEC) No 881/92) in Annex XIII to the Agreement shall be replaced by the following: ‘(a) Article 1(2) shall be replaced by the following: “2. In the event of carriage from a Contracting Party to a third country and vice versa, this Regulation shall not apply to that part of any journey carried out within the territory of a Contracting Party of loading or unloading, unless otherwise agreed by the Contracting Parties;” (b) Article 1(3) shall be replaced by the following: “3. This Regulation shall not affect provisions, relating to the carriage from an EFTA State to a third country referred to in paragraph 2, laid down in bilateral agreements concluded between an EFTA State and a third country which, either under bilateral authorisations or under liberalisation agreements allow loading and unloading in a Contracting Party by hauliers established in another Contracting Party, provided the principle of non-discrimination between Community hauliers and hauliers from an EFTA State is respected;” (c) the EFTA States shall recognise the Community authorisations issued by the Community Member States in accordance with that Regulation. For the purposes of such recognition, in the general provisions of the Community authorisation, set out in Annex I to this Regulation, references to “Community” shall read “Community and Iceland, Liechtenstein and Norway” and reference to “Member States” shall read “Community Member State(s) and (or) Iceland, Liechtenstein and Norway”; (d) the Community and the Community Member States shall recognise the authorisations issued by an EFTA State in accordance with this Regulation, as adapted in Part (b) of Annex I in Appendix 1 to the present Annex; (e) when issued by an EFTA State, the authorisations shall correspond to the model set out in Appendix 1 to the present Annex. ’ The Appendix in the Annex to this Decision shall replace Appendix 1 to Annex XIII to the Agreement. Article 3 Article 4 The following point shall be inserted after point 26a (Council Regulation (EEC) No 881/92 in Annex XIII to the Agreement: ‘26aa. 1 94 N: Protocol 9 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments of the Treaties on which the European Union is founded (OJ C 241, 29. 8. 1994, p. 21 as adjusted by OJ L 1, 1. 1. 1995, p. 1), as amended and supplemented by: — 394 R 3298: Commission Regulation (EC) No 3298/94 of 21 December 1994 laying down detailed measures concerning the system of rights of transit (ecopoints) for heavy goods vehicles transitting through Austria, estabished by Article 11 of Protocol 9 to the Act of Accession of Austria, Finland and Sweden (OJ L 341, 30. 12. 1994, p. 20); — 396 R 1524: Commission Regulation (EC) No 1524/96 of 30 July 1996 amending Regula- tion (EC) No 3298/94, with regard to the system of ecopoints for heavy goods vehicles transitting through Austria (OJ L 190, 31. 7. 1996, p. 13). 10. 2. 2000 EN Official Journal of the European Communities L 35/47 The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations: (a) by adding the ecopoints calculated, on the basis of the reference year 1991, for a total of 25 700 single transit trips per year (Iceland: 100; Liechtenstein: 21 000; Norway: 4 600), the table in Article 9 of the Regulation shall read as follows: Year (1) 1991 1998 1999 2000 2001 2002 2003 Percentage of ecopoints Ecopoints for vehicles of Contracting Parties (2) 100,0 % 54,8 % 51,9 % 49,8 % 48,5 % 44,8 % 40,0 % (3) 23 962 280 13 131 329 12 436 423 11 933 215 11 621 706 10 735 101 9 584 912 (b) the table in Annex D of the Regulation shall read as follows: Community Member States, Liechtenstein, Iceland and Norway Austria Belgium Denmark Germany Greece Spain Finland France Ireland Iceland Italy Liechtenstein Luxemburg Netherlands Norway Portugal Sweden United Kingdom Units 214 800 32 500 40 500 482 500 60 500 1 200 4 600 5 000 1 000 100 510 000 21 000 5 000 123 500 4 600 400 7 500 8 500 Total 1 523 200’ Article 5 The texts of the adaptations to Regulation (EEC) No 881/92 made by Chapter VI, A, point 6 of Annex I to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, of Protocol 9 to the Act of Accession of Austria, Finland and Sweden, of Regulation (EC) No 3298/94 and of Regulation (EC) No 1524/96 in the Icelandic and Norwegian languages, which are annexed to the respective language version of this Decision, are authentic. L 35/48 EN Official Journal of the European Communities 10. 2. 2000 This Decision shall enter into force on 30 January 1999, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee. Article 6 This Decision shall be published in the EEA section of, and in the EEA supplement to, the Official Journal of the European Communities. Article 7 Done at Brussels, 29 January 1999. For the EEA Joint Committee The President F. BARBASO 10. 2. 2000 EN Official Journal of the European Communities L 35/49 ANNEX to Decision of the EEA Joint Committee No 15/1999 Appendix 1 DOCUMENTS SET OUT IN THE ANNEX TO COUNCIL REGULATION (EEC) No 881/92, AS ADAPTED FOR THE PURPOSES OF THE EEA AGREEMENT (see adaptation (e) in point 26a of Annex XIII to the Agreement) L 35/50 EN Official Journal of the European Communities 10. 2. 2000 ANNEX I (a) (Blue card — DIN A4) (First page of the authorisation) (Text in (one of) the official language(s) of the EFTA State issuing the authorisation) State issuing the authorisation Distinguishing sign (1) Name of the competent authority or body AUTHORISATION No. for the international carriage of goods by road for hire or reward This authorisation entitles (2). to engage in the international carriage of goods by road for hire or reward by any route, for journeys or parts of journeys effected for hire or reward within the territory of the European Community and Iceland, Liechten- stein and Norway (3) as laid down in Council Regulation (EEC) No 881/92 of 26 march 1992 as adapted for the purposes of the Agreement on the European Economic Area (EEA Agreement), and subject to the general provisions of this authorisation. Particular remarks:. This authorisation shall be valid from. to. Issued in. , on. (4) (1) The distinguishing signs are (JS) Iceland, (FL) Liechtenstein, (N) Norway. (2) Name or business name and full address of the haulier. (3) Hereinafter referred to as ‘the EFTA States'. (4) Signature and stamp of the issuing competent authority or body. 10. 2. 2000 EN Official Journal of the European Communities L 35/51 (b) (Second page of the authorisation) This authorisation is issued under Council Regulation (EEC) No 881/92 of 26 March 1992 as adapted for the purposes of the EEE Agreement. It entitles the holder to engage in the international carriage of goods by road for hire or reward by any route for journeys or parts of journeys effected within the territories of the European Community and the EFTA States and, when appropriate, subject to the conditions laid down herein: — where the point of departure and the point of arrival are situated in two different States which are either Community Member States or EFTA States, with or without transit through one or more Community Member States or EFTA States or third countries, — from a Community Member State or an EFTA State to a third country or vice versa, with or without transit one or more Community Member States or EFTA States or third countries, — between third countries with transit through the territory of one or more Community Member States or EFTA States, and unladen journeys in connection with such carriage. In the case of carriage from a Community Member State or EFTA State to a third country or vice versa, this authorisation is not valid for that part of the journey effected in the Community Member States or EFTA State of loading or unloading. The authorisation is personal to the holder and is not transferable. It may be withdrawn by the competent authority of the EFTA State which issued, it, notably where the haulier has: — not complied with all the conditions for using the authorisation, — supplied incorrect information with regard to the data needed for the issue or extension of the authorisa- tion. The original of the authorisation must be kept by the haulage undertaking. A certified copy of the authorisation must be kept in the vehicle (1). In the case of a coupled combination of vehicles it must accompany the motor vehicle. it covers the coupled combination of vehicles even if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the authorisation holder or if it is registered or authorised to use the roads in an Community member State or another EFTA State. The authorisation must be produced whenever required by an authorised inspecting officer. Within the territory of each Community Member State and EFTA State the holder must comply with the laws, regulations and administrative provisions in force in that State, in particular with regard to transport and traffic. (1) ‘Vehicle' means a motor vehicle registered in an EFTA State or a coupled combination of vehicles, the motor vehicle of which at least is registered in an EFTA State, used exclusively for the carriage of goods