Proposal for a Regulation of the European Parliament and of the Council concerning the distribution of authorizations among Member States received through the Agreements between the European Community and the Republic of Bulgaria and between the European Community and the Republic of Hungary establishing certain conditions for the carriage of goods by road and the promotion of Combined Transport
28. 3. 2000 EN Official Journal of the European Communities C 89 E/33 for a Regulation of the Council concerning the the European Parliament and of Proposal distribution of authorisations among Member States received through the Agreements between the European Community and the Republic of Bulgaria and between the European Community and the Republic of Hungary establishing certain conditions for the carriage of goods by road and the promotion of Combined Transport (2000/C 89 E/08) (Text with EEA relevance) COM(1999) 667 final - 1999/0264(COD) (Submitted by the Commission on 10 December 1999) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, (6) Whereas, in order to ensure the optimal use of authoris- ations, all unallocated authorizations should be returned to the Commission for redistribution; Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof, Having regard to the proposal of the Commission, (7) Whereas the allocation of authorisations should be based on criteria that take full account of existing land transport flows between Greece and the other Member States; Having regard to the opinion of Committee, the Economic and Social HAVE ADOPTED THIS REGULATION: Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty, (1) Whereas by Council Decision. the European Community has concluded Agreements with the Republic of Bulgaria certain of Hungary and conditions for the carriage of goods by road and the promotion of Combined Transport; the Republic establishing Article 1 for the distribution This Regulation lays down the rules between the Member States of authorisations available to the Community by virtue of Article 6(2) of the Agreements between the European Community and the Republic of Bulgaria and between the European Community and the Republic of Hungary establishing certain conditions for the carriage of goods by road and the promotion of Combined Transport (hereinafter referred to as áthe Agreementsí). Article 2 The Commission 1. accordance with paragraphs 2 to 4. shall allocate authorisations in (2) Whereas these Agreements foresee that the Community will receive road transit authorisations from Bulgaria and Hungary respectively; (3) Whereas it is necessary to establish rules governing the distribution and management of the authorisations which are made available to the Community; 2. The authorisations shall be allocated between Member States in accordance with the Annex. In the light of experience, especially the evolution of traffic flows, the Commission will, where appropriate and at the earliest 3 years after the entry into force of this Regulation, make a proposal to the Council to decide on a modification of the allocation of the authorisations between Member States. (4) Whereas for practical and management reasons, those auth- orisations should be made available to the Member States by the Commission; The authorisations for each year shall be allocated before 3. 15 November of the preceding year. (5) Whereas, to that end, an allocation method should be established; whereas, thereafter, the Member States should share out the amounts allocated to them among under- takings in accordance with objective criteria; implementation of either of The number of authorisations allocated for the first year shall be the Agreement has entered into force 4. of adjusted pro rata if after 1 January of that year. the Agreements C 89 E/34 EN Official Journal of the European Communities 28. 3. 2000 Article 3 Member States shall distribute authorisations amongst under- takings established in their territory according to objective and non-discriminatory criteria. Article 4 Before 15 September of each year, the competent authorities of the Member States shall return to the Commission those auth- orisations which, on the basis of available data and estimates, are likely not to be used before the end of that year. The Commission shall allocate these returned authorisations taking account of the distribution key in the Annex and the request of Member States for additional authorisations. Article 5 This Regulation shall enter into force on the day following of its publication in the Official the European Communities. Journal of This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX Member State Authorisations for use in Bulgaria Hungary Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 103 110 134 103 110 133 11 468 10 974 100 102 100 102 100 150 119 100 102 107 103 100 102 100 102 100 147 118 100 102 106 103 Total 13 000 12 500