Europaudvalget 2002
KOM (2002) 0418
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COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 23.07.2002
COM(2002) 418 final
2002/0188 (CNS)
Proposal for a
COUNCIL DECISION
concerning the signature and provisional application of an Agreement in the form of an
exchange of letters between the European Community and the former Yugoslav
Republic of Macedonia concerning the system of ecopoints to be applied to transit traffic
of the former Yugoslav Republic of Macedonia through Austria
Proposal for a
COUNCIL DECISION
concerning the conclusion of an agreement in the form of an exchange of letters between
the European Community and the former Yugoslav Republic of Macedonia concerning
the system of ecopoints to be applied to transit traffic of the former Yugoslav Republic
of Macedonia through Austria
(presented by the Commission)
C5-0410/02
EN
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EXPLANATORY MEMORANDUM
1.
The Agreement between the European Community and the former Yugoslav
Republic of Macedonia in the field of transport
1
establishes that a system of
ecopoints, equivalent to that applicable to Community heavy goods vehicles in
transit through Austria, shall apply to transit traffic of the former Yugoslav Republic
of Macedonia through Austria, with effect from 1 January 1999.
In accordance with the provisions of Article 12.3(b), the method of calculation and
the detailed rules and procedures for the management and control of the ecopoints
are to be agreed by means of an exchange of letters between the Contracting Parties,
and will be in line with the provisions of Articles 11 and 14(2) of Protocol 9 to the
Act of Accession of Austria, Finland and Sweden to the European Union regulating
the ecopoints system applying in the Community.
2.
The negotiations during 1998 resulted in the attached text which was initialled only
on 25 January 2001. As a consequence, it was also agreed that the ecopoints system
will be implemented from 1 January 2002. During the negotiations, the Commission
services informed and consulted Member States.
However, the total number of ecopoints allocated to the former Yugoslav Republic of
Macedonia lorries for 1999, 2000 and 2001 is also agreed in order to ensure that the
annual percentage reduction is made in line with those applied to Community lorries.
On this basis, the functioning of the regime applied between the Republic of Austria
and the former Yugoslav Republic of Macedonia during the period January 1999-
December 2001 was examined by the Joint Transport Committee established by
Article 22 of the Transport Agreement, and no discriminatory effects were identified.
3.
The Agreement establishes the number of ecopoints allocated to trucks of the former
Yugoslav Republic of Macedonia for the period 1999-2003 on the basis of the "no
less favourable treatment for Community heavy goods vehicles" principle. It also
provides for appropriate documents, rules of procedure and methods of control for
managing the system.
The Agreement stipulates that the system of ecopoints shall be applied from
1 January 2002.
The Commission invites the Council to decide on the signature and provisional application of
the Agreement and to initiate the conclusion procedure. Accordingly, it hereby submits to the
Council two proposals as follows:
1.
Proposal for a Council decision on the signature and provisional application of an
Agreement in the form of an exchange of letters concerning the system of ecopoints
to be applied to transit traffic of the former Yugoslav Republic of Macedonia through
Austria.
Proposal for a Council decision on the conclusion of the Agreement.
2.
1
OJ L 348, 18.12.1997, p. 170.
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Proposal for a
COUNCIL DECISION
concerning the signature and provisional application of an Agreement in the form of an
exchange of letters between the European Community and the former Yugoslav
Republic of Macedonia concerning the system of ecopoints to be applied to transit traffic
of the former Yugoslav Republic of Macedonia through Austria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 71(1) in conjunction with the first sentence of the first subparagraph of Article 300(2),
thereof,
Having regard to the proposal from the Commission
2
,
Whereas:
(1)
The Commission has negotiated an Agreement in the form of an exchange of letters
between the European Community and the former Yugoslav Republic of Macedonia
concerning the system of ecopoints to be applied to transit traffic of the former
Yugoslav Republic of Macedonia through Austria
Subject to its possible conclusion at a later date, the Agreement initialled on
25 January 2001 should be signed.
Provision should be made for the provisional application of the Agreement from
1 January 2002.
(2)
(3)
HAS DECIDED AS FOLLOWS:
Article 1
The President of the Council is authorised to designate the person(s) entitled to sign, on behalf
of the European Community, the Agreement in the form of an exchange of letters between the
European Community and the former Yugoslav Republic of Macedonia concerning the
system of ecopoints to be applied to transit traffic of the former Yugoslav Republic of
Macedonia through Austria, subject to its conclusion at a later date.
The text of the Agreement is attached to this Decision.
2
OJ C …, …, p. …
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Article 2
The Agreement referred to in Article 1 shall be applied on a provisional basis from 1 January
2002.
Article 3
This Decision shall be published in the
Official Journal of the European Communities.
Done at Brussels,
For the Council
The President
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2002/0188 (CNS)
Proposal for a
COUNCIL DECISION
concerning the conclusion of an agreement in the form of an exchange of letters between
the European Community and the former Yugoslav Republic of Macedonia concerning
the system of ecopoints to be applied to transit traffic of the former Yugoslav Republic
of Macedonia through Austria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 71(1) in conjunction with Article 300(2), first subparagraph, first sentence and
Article 300(3), first subparagraph thereof,
Having regard to the proposal from the Commission
3
,
Having regard to the opinion of the European Parliament
4
,
Whereas:
(1)
The Agreement between the European Community and the former Yugoslav Republic
of Macedonia in the field of transport
5
, and in particular Article 12, para. 3(b) thereof,
establishes that a system of ecopoints equivalent to that laid down by Article 11 of
Protocol 9 to the Act of Accession of Austria, Finland and Sweden to the European
Union shall apply
The Commission has negotiated on behalf of the Community an Agreement in the
form of an exchange of letters between the European Community and the former
Yugoslav Republic of Macedonia establishing the method of calculation and the
detailed rules and procedures for the management and control of the ecopoints
This Agreement has been signed on behalf of the Community on…., subject to its
possible conclusion at a later date in accordance with Decision../…/EC of the Council
of …..
This Agreement should be approved.
(2)
(3)
(4)
3
4
5
OJ C …, …, p. …
OJ C …, …, p. …
OJ L 348, 18.12.1997, p. 170.
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HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an exchange of letters between the European Community and
the former Yugoslav Republic of Macedonia concerning the system of ecopoints to be applied
to transit traffic of the former Yugoslav Republic of Macedonia through Austria is hereby
approved on behalf of the Community.
The text of the exchange of letters is annexed to this Decision.
Article 2
This Decision shall be published in the
Official Journal of the European Communities.
Done at Brussels,
For the Council
The President
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AGREEMENT
in the form of an exchange of letters between the European Community and the former
Yugoslav Republic of Macedonia concerning the system of ecopoints to be applied to
transit traffic of the former Yugoslav Republic of Macedonia through Austria as from
1 January 1999
A.
Sir,
I have the honour to inform you that, following negotiations between the delegation of the
former Yugoslav Republic of Macedonia and the delegation of the European Community, in
accordance with the provisions of Article 12, paragraph 3(b) of the Agreement between the
European Community and the former Yugoslav Republic of Macedonia in the field of
Transport, the following has been agreed:
“1.
Ecopoints (Rights of Transit) for heavy goods vehicles from the former Yugoslav
Republic of Macedonia transiting through Austria are allocated in the following way:
for 1999
for 2000
for 2001
for 2002
for 2003
-
-
-
-
-
57.401 ecopoints
55.079 ecopoints
53.641 ecopoints
49.549 ecopoints
44.240 ecopoints
Letter from the European Community
Additional ecopoints are allocated for users from the former Yugoslav Republic of
Macedonia of the “Rollende Landstraße” up to a maximum of 50% of the total
number of ecopoints for the year, as follows
for 1999
for 2000
for 2001
for 2002
for 2003
-
-
-
-
-
28.700 ecopoints
27.540 ecopoints
26.820 ecopoints
24.775 ecopoints
22.120 ecopoints
Ecopoints for Rollende Landstrasse users shall be allocated to the former Yugoslav
Republic of Macedonian authorities, on the basis of ecopoints for two road journeys
for every two round trips made on RoLa.
The Austrian company for combined transport, Ökombi, will regularly provide each
month monthly information to the Ministry of Transport and Communications of the
former Yugoslav Republic of Macedonia concerning former Yugoslav Republic of
Macedonia users of combined train in transit through Austria.
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The ecopoints system will be implemented from 1 January 2002.
Transit journeys made in the circumstances listed in Annex A or under ECMT
authorisations shall be exempt from the ecopoints system.
2.
The driver of a heavy goods vehicle from the former Yugoslav Republic of
Macedonia on the territory of Austria shall carry, and shall make available for
inspection at the request of the supervisory authorities, either:
(a)
a duly completed standard form or an Austrian certificate confirming payment
of the ecopoints for the journey in question, modelled on Annex B, hereinafter
referred to as "the ecocard"; or
an electronic device, fitted to the motor vehicle which enables the automatic
debiting of ecopoints, hereinafter referred to as "the ecotag"; or
appropriate documentation to demonstrate that an ecopoint-free transit journey,
as defined in Annex A or under ECMT authorisation is being made; or
appropriate documentation to demonstrate that a non-transit journey is being
made, and when the vehicle is fitted with an ecotag, the ecotag is set for this
purpose.
(b)
(c)
(d)
The competent Austrian authorities shall issue the ecocard against payment of the
cost of production and distribution of ecopoints and ecocards.
3.
Ecotags shall be manufactured, programmed and installed in accordance with the
general technical specifications laid down in Annex C. The Ministry of Transport
and Communications of the former Yugoslav Republic of Macedonia is authorised to
approve, programme and install the ecotags.
The ecotag shall be programmed to contain information on the country of registration
and the NO
x
value of the motor vehicle, as stated in the conformity of production
(COP) document, as defined in paragraph 4.
The ecotag shall be affixed to the windscreen of the motor vehicle. It shall be
positioned in accordance with Annex D. It shall be non-transferable.
4.
The driver of a heavy goods vehicle from the former Yugoslav Republic of
Macedonia registered on or after 1 October 1990 shall also carry, and produce upon
request, a COP document, modelled on Annex E, as evidence of the NO
x
emissions
of that vehicle. Heavy goods vehicles first registered before 1 October 1990 or in
respect of which no document is produced shall be assumed to have a COP value of
15,8 g/kWh.
The Ministry of Transport and Communications of the former Yugoslav Republic of
Macedonia is authorised to issue the documents and ecotags referred to in points 2 to
4.
5.
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6.
Unless the vehicle is using an ecotag, the requisite number of ecopoints shall be
affixed to the ecocard and cancelled. The ecopoints shall be cancelled by signing in
such a way that the signature extends over both the ecopoints and the form to which
they have been affixed. A rubber stamp may be used instead of a signature.
An ecocard, bearing the requisite number of ecopoints shall be handed to the
supervisory authorities of Austria, who will hand back a copy with the proof of
payment.
If the vehicle is fitted with an ecotag, upon confirmation of its undertaking a transit
journey requiring ecopoints, a number of ecopoints, equivalent to the NO
x
emission
information stored in the ecotag of the vehicle, shall be deducted from the total of
ecopoints allocated to the former Yugoslav Republic of Macedonia. This shall be
done by infrastructure provided and operated by the Austrian authorities.
For vehicles fitted with ecotags that are making bilateral journeys they must set the
ecotag to demonstrate that a non-transit journey is being made prior to entering
Austrian territory.
In the case where an ecocard is used and where a tractor unit is switched during a
transit journey, the proof of payment on entry shall remain valid and be retained.
Where the COP value of the new tractor unit exceeds that indicated on the form,
additional ecopoints, affixed to a new card, shall be cancelled on leaving the country.
7.
Continuous journeys which involve crossing the Austrian frontier once by train,
whether by conventional rail transport or in a combined transport operation, and
crossing the frontier by road before or after crossing by rail, shall be regarded not as
transit of goods by road through Austria but as bilateral journeys.
Continuous transit journeys through Austria using the following rail terminals shall
be deemed as bilateral journeys:
Fürnitz, Villach Süd, Sillian, Innsbruck/Hall, Brennersee, Graz.
8.
9.
Ecopoints shall be valid between 1 January of the year for which they are attributed
and 31 January of the following year.
Infringements of this agreement by a driver of a heavy goods vehicle from the former
Yugoslav Republic of Macedonia or an undertaking shall be prosecuted in
accordance with the national legislation in force.
The Commission and the competent authorities of Austria and the former Yugoslav
Republic of Macedonia shall, each within the limits of their jurisdiction, provide
each other with administrative assistance in investigating and prosecuting these
infringements, in particular by ensuring that ecocards and ecotags are correctly used
and handled.
Controls may be carried out at a point other than the border, at the discretion of the
European Community Member State, with due regard to the principle of non-
discrimination.
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10.
The Austrian supervisory authorities may, having due regard to the principles of
proportionality, take appropriate measures if a vehicle is fitted with an ecotag and at
least one of the following situations occur:
(a)
(b)
(c)
(d)
(e)
the vehicle or the operator of the vehicle has repeatedly committed
infringements;
there are insufficient ecopoints remaining in the allocation of the former
Yugoslav Republic of Macedonia;
the ecotag has been tampered with or has been changed by a party other than
those authorised in Point 3.
the former Yugoslav Republic of Macedonia has not allocated sufficient
ecopoints for the vehicle to make a transit journey;
the vehicle does not have appropriate documentation in accordance with
paragraphs (c) or (d) of Point 2 to justify why the ecotag has been set to
demonstrate that a non-transit journey is being made on Austrian territory;
when the ecotag specified in Annex C is not loaded with sufficient ecopoints to
make a transit journey.
(f)
The Austrian supervisory authorities may, having due regard to the principle of
proportionality, take appropriate measures if a vehicle is not fitted with an ecotag and
at least one of the following situations occurs:
(a)
(b)
(c)
11.
12.
an ecocard is not presented to the supervisory authorities in accordance with
the provisions of this agreement;
an ecocard is presented which is incomplete or incorrect, or where the
ecopoints are not correctly affixed;
the vehicle does not possess the appropriate documentation to justify that it
does not need ecopoints.
The printed ecopoints which are intended for affixing to ecocards shall be made
available each year before 1 November of the preceding year.
In the case of vehicles registered before 1 October 1990 which have had a change of
engine since this date, the COP value of the new engine shall apply. In such a case
the certificate issued by the appropriate authority shall mention the change of engine
and give details of the new COP value for NO
x
emissions.
A transit journey shall be exempt from the payment of ecopoints if the following
three conditions are met:
(i)
(ii)
the sole purpose of the journey is to delivery a brand new vehicle, or vehicle
combination, from the manufacturers to a destination in another State;
no goods are transported on the journey;
13.
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(iii) the vehicle or vehicle combination has appropriate international registration
papers and export licence plates.
14.
A transit journey shall be exempt from the payment of ecopoints if it is the unladen
leg of a journey exempt from ecopoints as listed in Annex A and the vehicle carries
suitable documentation to demonstrate this. Such suitable documentation shall be
either:
–
–
–
15.
a bill of lading, or
a completed ecocard to which no ecopoints have been attached, or
a completed ecocard with ecopoints, which are subsequently reinstated.
Any problems arising from the management of this regime of ecopoints shall be
submitted to the Community/the former Yugoslav Republic of Macedonia Transport
Committee provided for in Article 22 of the Transport Agreement which shall assess
the situation and recommend appropriate actions. Any measure to be taken shall be
implemented immediately, shall be proportional and of non-discriminatory nature.”
I should be obliged if you would confirm the agreement of your Government to the contents
of this letter.
Please accept Sir, the assurance of my highest consideration.
On behalf of the Community
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ANNEX A
JOURNEYS FOR WHICH NO ECOPOINTS ARE REQUIRED
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
The occasional transport of goods to and from airports when flights are diverted.
The carriage of baggage in trailers attached to passenger vehicles, and the carriage of
baggage to and from airports by vehicles of all kinds.
The carriage of postal consignments.
The carriage of damaged vehicles or vehicles in need of repair.
The carriage of waste and sewage.
The carriage of animal carcasses for disposal.
The carriage of bees and fish spawn.
The transport of corpses.
The carriage of works of art for exhibition or commercial purposes.
The occasional carriage of goods for advertising or educational purposes.
The carriage of goods by removal firms possessing the appropriate personnel and
equipment.
The carriage of equipment, accessories and animals to and from theatrical, musical,
cinema, sporting or circus events, exhibitions or fairs, or to and from radio, cinema
or television recordings.
The carriage of spare parts for ships and aircraft.
The empty journey of a goods vehicle sent to replace a vehicle that has broken down
in transit and the continuation of the journey by the replacement vehicle using the
authorisation issued for the first vehicle.
The carriage of emergency medical aid (particularly in the case of natural disasters).
The carriage of valuable goods (e.g. precious metals) in special vehicles escorted by
the police or another security service.
13.
14.
15.
16.
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ANNEX B
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ANNEX C
GENERAL TECHNICAL SPECIFICATIONS OF THE ECOTAG
Short-range communication beacon – vehicle
(Pre)standards and technical reports relevant to DSRC
The following requirements provided by CEN/TC 278 with regard to short-range communication
between the vehicles and the roadside infrastructure are to be met:
(a)
(b)
(c)
Type test
The supplier of the ecotag must provide type-test certificates for the appliances from an accredited test
institute conforming compliance with all the limit values specified in the current I-ETS 300674.
Operating conditions
The ecotag for the automatic ecopoint system must guarantee the required functionality under the
following operating conditions:
–
–
–
–
ambient conditions: temperature from - 25 °C to + 70 °C,
weather conditions: all eventualities,
traffic: several lanes, moving,
speed range: from "stop-and-go" to 120 km/h.
prENV278/No 62 "DSRC physical layer using microwave at 5,8 GHz";
prENV278/No 64 "DSRC data link layer";
prENV278/No 65 "DSRC application layer"
The above operating conditions are minimum requirements pending the adoption of (pre)standards
relevant to DSRC.
The ecotag may react only to microwave signals specific to its own applications.
Ecotag
Identification
Each ecotag must have a unique identification number. In addition to the number of digits necessary to
make it distinguishable, this number must also contain a check sum for integrity verification.
Installation
The ecotag should be designed for installation behind the windscreen of the lorry or traction unit. It
shall be installed so as to be completely non-detachable from the vehicle.
Transit declaration
The ecotag must have an input facility for declaring a journey exempt from the payment of ecopoints.
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The facility must be clearly visible on the ecotag for control purposes; alternatively, it must be
possible to set the ecotag at a defined initial position. At all events, it must be ensured that only the
status at the time of entry is taken into account for evaluation in the system.
External marking
Every ecotag must also be clearly identifiable on visual inspection. To this end, the abovementioned
unique identification number must be indelibly applied to the surface of the appliance.
A non-detachable, indelible marking to the ecotag in the form of prepared stickers shall be affixed to
the ecotag. This marking must show the number of ecopoints for the individual vehicle ("5", "6", ...
"16").
These special stickers must be tamper-proof; they must have mechanical strength and be light- and
temperature-resistant. They must have a high adhesive strength and any attempt to remove them must
result in their destruction.
Integrity
The casing must be constructed in such way that any manipulation of the internal components is
excluded and any interference can subsequently be detected.
Memory
The ecotag must have sufficient memory capacity for the following data:
–
–
identification number,
vehicle data:
–
–
COP value,
transaction data:
–
–
–
–
identification of the border post,
date/time,
status of journey declaration,
blocking (blacklisting) information,
–
status data:
–
–
–
manipulation,
battery status,
status of latest communication.
There must be a reserve of memory of at least 30 %.
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ANNEX D
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ANNEX E
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B.
Sir,
Letter from the former Yugoslav Republic of Macedonia
I have the honour to refer to your letter of ……, in which you inform me of the
following:
"I have the honour to inform you that, following negotiations between the delegation
of the former Yugoslav Republic of Macedonia and the delegation of the European
Community, in accordance with the provisions of Article 12, paragraph 3(b) of the
Agreement between the European Community and the former Yugoslav Republic of
Macedonia in the field of Transport, the following has been agreed:
“1.
Ecopoints (Rights of Transit) for heavy goods vehicles from the former
Yugoslav Republic of Macedonia transiting through Austria are allocated in
the following way:
for 1999
for 2000
for 2001
for 2002
for 2003
-
-
-
-
-
57.401 ecopoints
55.079 ecopoints
53.641 ecopoints
49.549 ecopoints
44.240 ecopoints
Additional ecopoints are allocated for users from the former Yugoslav
Republic of Macedonia of the “Rollende Landstraße” up to a maximum of
50% of the total number of ecopoints for the year, as follows:
for 1999
for 2000
for 2001
for 2002
for 2003
-
-
-
-
-
28.700 ecopoints
27.540 ecopoints
26.820 ecopoints
24.775 ecopoints
22.120 ecopoints
Ecopoints for Rollende Landstrasse users shall be allocated to the former
Yugoslav Republic of Macedonian authorities, on the basis of ecopoints for
two road journeys for every two round trips made on RoLa.
The Austrian company for combined transport, Ökombi, will regularly
provide each month monthly information to the Ministry of Transport and
Communications of the former Yugoslav Republic of Macedonia concerning
former Yugoslav Republic of Macedonia users of combined train in transit
through Austria.
The ecopoints system will be implemented from 1 January 2002.
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Transit journeys made in the circumstances listed in Annex A or under
ECMT authorisations shall be exempt from the ecopoints system.
2.
The driver of a heavy goods vehicle from the former Yugoslav Republic of
Macedonia on the territory of Austria shall carry, and shall make available
for inspection at the request of the supervisory authorities, either:
(a)
a duly completed standard form or an Austrian certificate confirming
payment of the ecopoints for the journey in question, modelled on
Annex B, hereinafter referred to as "the ecocard"; or
an electronic device, fitted to the motor vehicle which enables the
automatic debiting of ecopoints, hereinafter referred to as "the ecotag";
or
appropriate documentation to demonstrate that an ecopoint-free transit
journey, as defined in Annex A or under ECMT authorisation is being
made; or
appropriate documentation to demonstrate that a non-transit journey is
being made, and when the vehicle is fitted with an ecotag, the ecotag is
set for this purpose.
(b)
(c)
(d)
The competent Austrian authorities shall issue the ecocard against payment
of the cost of production and distribution of ecopoints and ecocards.
3.
Ecotags shall be manufactured, programmed and installed in accordance with
the general technical specifications laid down in Annex C. The Ministry of
Transport and Communications of the former Yugoslav Republic of
Macedonia is authorised to approve, programme and install the ecotags.
The ecotag shall be programmed to contain information on the country of
registration and the NO
x
value of the motor vehicle, as stated in the
conformity of production (COP) document, as defined in paragraph 4.
The ecotag shall be affixed to the windscreen of the motor vehicle. It shall be
positioned in accordance with Annex D. It shall be non-transferable.
4.
The driver of a heavy goods vehicle from the former Yugoslav Republic of
Macedonia registered on or after 1 October 1990 shall also carry, and
produce upon request, a COP document, modelled on Annex E, as evidence
of the NO
x
emissions of that vehicle. Heavy goods vehicles first registered
before 1 October 1990 or in respect of which no document is produced shall
be assumed to have a COP value of 15,8 g/kWh.
The Ministry of Transport and Communications of the former Yugoslav
Republic of Macedonia is authorised to issue the documents and ecotags
referred to in points 2 to 4.
Unless the vehicle is using an ecotag, the requisite number of ecopoints shall
be affixed to the ecocard and cancelled. The ecopoints shall be cancelled by
signing in such a way that the signature extends over both the ecopoints and
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5.
6.
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the form to which they have been affixed. A rubber stamp may be used
instead of a signature.
An ecocard, bearing the requisite number of ecopoints shall be handed to the
supervisory authorities of Austria, who will hand back a copy with the proof
of payment.
If the vehicle is fitted with an ecotag, upon confirmation of its undertaking a
transit journey requiring ecopoints, a number of ecopoints, equivalent to the
NO
x
emission information stored in the ecotag of the vehicle, shall be
deducted from the total of ecopoints allocated to the former Yugoslav
Republic of Macedonia. This shall be done by infrastructure provided and
operated by the Austrian authorities.
For vehicles fitted with ecotags that are making bilateral journeys they must
set the ecotag to demonstrate that a non-transit journey is being made prior to
entering Austrian territory.
In the case where an ecocard is used and where a tractor unit is switched
during a transit journey, the proof of payment on entry shall remain valid and
be retained. Where the COP value of the new tractor unit exceeds that
indicated on the form, additional ecopoints, affixed to a new card, shall be
cancelled on leaving the country.
7.
Continuous journeys which involve crossing the Austrian frontier once by
train, whether by conventional rail transport or in a combined transport
operation, and crossing the frontier by road before or after crossing by rail,
shall be regarded not as transit of goods by road through Austria but as
bilateral journeys.
Continuous transit journeys through Austria using the following rail
terminals shall be deemed as bilateral journeys:
Fürnitz, Villach Süd, Sillian, Innsbruck/Hall, Brennersee, Graz.
8.
9.
Ecopoints shall be valid between 1 January of the year for which they are
attributed and 31 January of the following year.
Infringements of this agreement by a driver of a heavy goods vehicle from
the former Yugoslav Republic of Macedonia or an undertaking shall be
prosecuted in accordance with the national legislation in force.
The Commission and the competent authorities of Austria and the former
Yugoslav Republic of Macedonia shall, each within the limits of their
jurisdiction, provide each other with administrative assistance in
investigating and prosecuting these infringements, in particular by ensuring
that ecocards and ecotags are correctly used and handled.
Controls may be carried out at a point other than the border, at the discretion
of the European Community Member State, with due regard to the principle
of non-discrimination.
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10.
The Austrian supervisory authorities may, having due regard to the principles
of proportionality, take appropriate measures if a vehicle is fitted with an
ecotag and at least one of the following situations occur:
(a)
(b)
(c)
(d)
(e)
the vehicle or the operator of the vehicle has repeatedly committed
infringements;
there are insufficient ecopoints remaining in the allocation of the
former Yugoslav Republic of Macedonia;
the ecotag has been tampered with or has been changed by a party
other than those authorised in Point 3;
the former Yugoslav Republic of Macedonia has not allocated
sufficient ecopoints for the vehicle to make a transit journey;
the vehicle does not have appropriate documentation in accordance
with paragraphs (c) or (d) of Point 2 to justify why the ecotag has been
set to demonstrate that a non-transit journey is being made on Austrian
territory;
when the ecotag specified in Annex C is not loaded with sufficient
ecopoints to make a transit journey.
(f)
The Austrian supervisory authorities may, having due regard to the principle
of proportionality, take appropriate measures if a vehicle is not fitted with an
ecotag and at least one of the following situations occurs:
(a)
(b)
(c)
11.
12.
an ecocard is not presented to the supervisory authorities in accordance
with the provisions of this agreement;
an ecocard is presented which is incomplete or incorrect, or where the
ecopoints are not correctly affixed;
the vehicle does not possess the appropriate documentation to justify
that it does not need ecopoints.
The printed ecopoints which are intended for affixing to ecocards shall be
made available each year before 1 November of the preceding year.
In the case of vehicles registered before 1 October 1990 which have had a
change of engine since this date, the COP value of the new engine shall
apply. In such a case the certificate issued by the appropriate authority shall
mention the change of engine and give details of the new COP value for NO
x
emissions.
A transit journey shall be exempt from the payment of ecopoints if the
following three conditions are met:
(i)
the sole purpose of the journey is to delivery a brand new vehicle, or
vehicle combination, from the manufacturers to a destination in another
State;
13.
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(ii)
no goods are transported on the journey;
(iii) the vehicle or vehicle combination has appropriate international
registration papers and export licence plates.
14.
A transit journey shall be exempt from the payment of ecopoints if it is the
unladen leg of a journey exempt from ecopoints as listed in Annex A and the
vehicle carries suitable documentation to demonstrate this. Such suitable
documentation shall be either:
–
–
–
15.
a bill of lading, or
a completed ecocard to which no ecopoints have been attached, or
a completed ecocard with ecopoints, which are subsequently reinstated.
Any problems arising from the management of this regime of ecopoints shall
be submitted to the Community/the former Yugoslav Republic of Macedonia
Transport Committee provided for in Article 22 of the Transport Agreement
which shall assess the situation and recommend appropriate actions. Any
measure to be taken shall be implemented immediately, shall be proportional
and of non-discriminatory nature.”
I should be obliged if you would confirm the agreement of your Government to the
contents of this letter."
I have the honour to confirm that my Government is in agreement with the contents of
this letter.
Please accept Sir, the assurance of my highest consideration.
On behalf of the former Yugoslav Republic of Macedonia.
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