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 Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit traffic through Austria

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Interim Agreement between the European Community and the Republic of Croatia on Trade and trade related matters [1] was concluded on 28 January 2002 and entered into force on 1 March 2002. Protocol 6 on road transit traffic attached to this Agreement establishes that a system of ecopoints shall apply to transit traffic of the Republic of Croatia through Austria with effect from 1 January 2003.

[1] OJ L330, 14.12.2001, p. 003

In accordance with the provisions of article 2.2(b) of this Protocol, 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 the 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 on the exchange of letters took place in July and November 2002. During the negotiations, the Commission services informed and consulted Member States. The attached text was initialled on 15 November 2002 in the framework of the Sub-Committee on Transport under the Interim Agreement. On this same occasion, the functioning of the regime applied between the Republic of Austria and the Republic of Croatia during 2002 was examined, and no discriminatory effects were identified.

3. The Agreement establishes the number of ecopoints allocated to Croatian trucks for 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 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 Croatian transit traffic through Austria.

2. Proposal for a Council decision on the conclusion of the Agreement.

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 Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit traffic 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],

[2] OJ C , , p. .

Whereas:

(1) The Commission has negotiated an Agreement in the form of an exchange of letters between the European Community and the Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit traffic through Austria

(2) Subject to its possible conclusion at a later date, the Agreement initialled on 15 November 2002 should be signed.

(3) Provision should be made for the provisional application of the Agreement from 1 January 2003.

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 Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit traffic through Austria, subject to its conclusion at a later date.

The text of the Agreement is attached to this Decision.

Article 2

The Agreement referred to in Article 1 shall be applied on a provisional basis from 1 January 2003.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels,

For the Council

The President