21992A1221(01) 21992A1221(01) Agreement between the European Economic Community and the Republic of Austria

the transit of goods by road and rail - Joint Declarations - Exchanges of Letters Official Journal L 373 , 21/12/1992 p. 0006 - 0024 Dates: OF DOCUMENT: 27/11/1992 OF EFFECT: 01/01/1993; ENTRY INTO FORCE SEE ART 24 OF SIGNATURE: 02/05/1992; OPORTO OF END OF VALIDITY: 31/12/2004; SEE ART 23 Authentic language: THE OFFICIAL LANGUAGES ; SPANISH ; DANISH ; GERMAN ; GREEK ; ENGLISH ; FRENCH ; ITALIAN ; DUTCH ; PORTUGUESE Author: EUROPEAN ECONOMIC COMMUNITY ; AUSTRIA Subject matter: EXTERNAL RELATIONS ; COMMERCIAL POLICY ; TRANSPORT Directory code: 11401010 EUROVOC descriptor: carriage of goods ; Austria ; transit ; mountain region ; EC agreement ; administrative formalities Legal basis: 157E075................... ADOPTION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF AUSTRIA

THE TRANSIT OF GOODS BY ROAD AND RAIL Article SUMMARY Page PREAMBLE . 8 Title I: Aims, scope and definitions . 8 Article 1: Aims . 8 Article 2: Scope . 8 Article 3: Definitions . 8 Title II: Rail transport and combined transport . 9 Article 4: General provisions . 9 Article 5: Routes (Annex I) . 9 Article 6: Infrastructure measures in Austria (Annex II) . 9 Article 7: Infrastructure measures in the Community (Annexes III and IV) . 9 Article 8: Capacity (Annex V) . 9 Article 9: Supporting measures . 9 Article 10: Pricing (Annex VI) . 10 Article 11: Crisis situation . 10 Title III: Road Transport . 10 Article 12: Weights and dimensions of heavy goods vehicles . 10 Article 13: Emissions (Annex VII) . 11 Article 14: Real costs . 11 Article 15: Reducing pollution (eco points system) (Annexes VIII and IX) . 11 Article 16: Relationship between this Agreement and existing bilateral road haulage traffic agreements . 12 Title IV: Checks . 12 Article 17: Checks (Annex X) . 12 Title V: General and final provisions . 12 Article 18: Non-discrimination . 12 Article 19: Additional measures . 12 Article 20: Unilateral measures . 12 Article 21: Transit committee . 12 Article 22: Settlement of disputes . 13 Article 23: Duration . 13 Article 24: Entry into force . 13 Article 25: Legal force of the Annexes . 13 Annexes Annex I (Article 5) . 16 Annex II (Article 6) . 16 Annex III (Article 7) . 18 Annex IV (Article 7) . 18 Annex V (Article 8) . 20 Annex VI (Article 10) . 21 Annex VII (Article 13) . 21 Annex VIII (Article 15) . 22 Annex IX (Article 15) . 23 Annex X (Article 17) . 24 Official Journal of the European Communities No L 373/8 21. 12. 92 THE COUNCIL OF THE EUROPEAN COMMUNITIES, hereinafter referred to as 'the Community', of the

e part, THE REPUBLIC OF AUSTRIA, hereinafter referred to as 'Austria', of the other part, hereinafter referred to as 'the Parties', DESIROUS of promoting international cooperation and international trade through a coordinated European transport policy, WHEREAS the problems caused by trans-Alpine transit traffic call for a lasting solution which safeguards the quality of life of local residents, protects the environment and guarantees international trade; WHEREAS the latest clean technologies should be applied in this traffic in order to reduce as quickly as possible the remaining quantitative and qualitative nuisances; WHEREAS the Alps impose natural limits

the expansion of road transport, which accounts for certain differences between the road transport legislation of the Parties; WHEREAS in economic, environmental, social and safety terms, combined transport represents the best medium- and long-term option for coping with the growing volume of international trans-Alpine goods traffic; THE PARTIES HEREBY AGREE to take concerted action to promote rail transport and combined transport and regulate road transport, TITLE I AIMS, SCOPE AND DEFINITIONS Article 1 Aims This Agreement between the Community and Austria is aimed at strengthening cooperation between the Parties in certain sectors of transport, and that of trans-Alpine transit in particular. The Parties therefore agree to take coordinated action to promote the use of rail transport, and in particular combined transport, and regulate road traffic in the interests of public health and the environment. Article 2 Scope 1. The Agreement shall cover transit by rail and road through Austrian territory. 2. Cooperation between the Parties shall focus particularly

transport infrastructure, the support measures necessary for the development of rail transport and combined transport, the regulation of road haulage and the systematic exchange by the Parties of information regarding changes in their respective policies. Article 3 Definitions For the purposes of this Agreement, the following definitions shall apply: 1. Transit traffic: traffic through Austrian territory from a departure point to a destination, both of which lie outside Austria; 2. Transit of goods by road: transit by heavy goods vehicles registered in

e of the Parties, regardless of whether they are laden or not; 3. Combined transport: the carriage of goods by heavy goods vehicles or loading units which complete part of their journey by rail and either begin or end the journey by road, whereby transit traffic may under no circumstances cross Austrian territory

its way to or from a rail terminal by road alone;

1. Heavy goods vehicle: any motor vehicle designed to carry goods or haul trailers, including semi-trailer tractor units;
2. Loading units: containers, swap bodies, semi-trailers and trailers; Official Journal of the European Communities No L 373/9
4. 92
5. Maximum authorized weight: the maximum weight that may not be exceeded by a vehicle, stationary and ready to go, including the load, the driver and any persons carried;
6. Axle weight: the sum, recorded for a stationary vehicle

a level road, of the loads transmitted by the wheels

a single axle or two axles where the distance between them is no more than

e metre. TITLE II RAIL TRANSPORT AND COMBINED TRANSPORT Article 4 General provisions

1. The Parties hereby agree to adopt and coordinate, within the limits of their respective competences, the measures needed for the development and promotion of rail transport and combined transport, which are vital for the solution of the problems caused primarily by the trans-Alpine carriage of goods by road. The construction of the necessary infrastructure and the scheduling of such works, the development and operation of services and the implementation of support measures shall be coordinated and carried out in parallel.
2. The measures specified for this purpose in Articles 6 to 10 shall comply with the rail transport provisions of the agreement of 22 November 1989 between the Minister of Transport of the Italian Republic and the Minister of the Public Sector and Transport of the Republic of Austria

transit by rail over the Brenner and with the agreement of 9 May 1990 between the Transport Minister of the Federal Republic of Germany, the Transport Minister of the Italian Republic and the Minister of the Public Sector and Transport of the Republic of Austria

the improvement of trans-Alpine rail transport. These agreements are vital to the regulation of transit through Austrian territory. The Parties shall therefore endeavour to use the means at their disposal to support the implementation of the measures specified in these agreements. Article 5 Routes 1. In pursuit of the objectives referred to in Article 4, the Parties shall work out a network for combined transport and trans-Alpine rail traffic

the basis of the routes laid down in Annex I. 2. Should the technical, economic or environmental framework conditions for transit traffic change, making necessary the establishment of additional railroutes, the Transit Committee referred to in Article 21 shall without delay propose to the Parties the requisite amendments to Annex I. The Parties shall if necessary start negotiations with the Member States and railway companies concerned. Article 6 Infrastructure measures in Austria In addition to work already carried out to widen tunnels between Kufstein and Brenner to permit the carriage of heavy goods vehicles with a corner height of four metres, Austria undertakes to implement the measures listed in Annex II. Article 7 Infrastructure measures in the Community In accordance with the Declaration in Annex III regarding the implementation of infrastructure projects

Community territory, the plans of the Member States and, in completion of the works already carried out

the routes referred to in Article 5, the measures listed in Annex IV are to be implemented in the Community. Article 8 Capacity In accordance with the agreements listed in Article 4

the railway companies and other competent bodies to:

1. assemble complete trains;
2. improve the reliability to deliveries and reduce delivery times, primarily by: 2.
3. reducing waiting times, particularly at frontiers; 2.
4. increasing the frequency of services and adapting them to the needs of customers; 2.
5. increasing the productivity of the terminals through technological improvements and accelerated procedures and the reduction of waiting times; controls and formalities affecting trains at international frontiers or combined transport terminals must not take longer than those applicable to road transport; customs controls and formalities should take no more than

e hour; 2.

1. transferring the performance of administrative formalities (customs, fiscal, veterinary and plant-health controls) to the terminals or to the point of departure or the final destination;
2. coordinate the procurement and financing of rolling stock (wagons and locomotives) in the quantities required by the increase in rail capacity;
3. take measures regarding the provisions in the terminals of additional services (packaging, repair of combined transport equipment, cold storage, loading, etc.) and social facilities;
4. offer guaranteed journey times;
5. provide new links;
6. extend the system of reduced waiting at borders to as many goods trains as possible and promote the acceptance of wagons

trust, especially for combined transport trains;

1. improve the flow of information as follows: 8.
2. concerning wagon availability, in order to reduce turnaround times and optimize patterns of use; 8.
3. to customers, so enabling them to determine the exact location and time of arrival of consignments (an internationally compatible electronic data exchange network accessible also to customers). Article 10 Pricing
4. Prices for rail transport shall be set by the competent authorities or bodies in each Party. They shall ensure that the prices for combined transport are comparable with those for transport by road.
5. The Parties shall, within the limits of their competences, endeavour to ensure that the market impact of aid granted by

e Party is not reduced by measures taken by the other or a competent body established

its territory.

1. In order to promote trans-Alpine combined transport, the Parties may authorize aid relating to infrastructure, to fixed or mobile transhipment plant, to equipment used specifically in combined transport, as well as operating aid for costs not covered. Article 11 Crisis situation In the event of a serious disturbance in rail transit, such as a natural disaster, the competent authorities of each Party shall take all possible concerted action to maintain the flow of the traffic concerned within their jurisdiction. Priority shall be given to sensitive loads, such as perishable foods. TITLE III ROAD TRANSPORT Article 12 Weights and dimensions of heavy goods vehicles
2. Heavy goods vehicles, semi-trailers and trailers registered in the Community may operate

Austrian territory where they conform to the dimensions and driving axle weights stipulated in the Community Official Journal of the European Communities No L 373/11

2. 92 legislation as it stands at the time of this Agreement's entry into force.
3. The total authorized laden weight for motor vehicles with trailers shall be no more than 38 000 kg following deduction for articulated vehicles, of the maximum weight authorized of the heaviest unit of the whole. It shall be no more than 39 000 kg for motor vehicles operating to and from the rail terminal with crane-handled semi-trailers and 42 000 kg in the case of vehicles with containers and swap bodies. Article 13 Emissions
4. In order to protect the environment and reduce gaseous, particulate and noise emissions from heavy goods vehicles, the Parties shall introduce strict environmental standards based

state-of-the-art and economically acceptable technology (see Annex VII).

1. The Parties shall consult each other at regular and frequent intervals during the preparation of such emission standards.
2. As regards emission standards, heavy goods vehicles registered in

e Party shall be authorized to operate freely in the territory of both Parties without prejudice to applicable road police measures. Article 14 Real costs

1. The Parties shall endeavour gradually to introduce - as far as possible - a harmonized solution to charge road traffic with taxes. In the first phase the aim of such a solution shall be to charge infrastructure costs to heavy goods vehicles. In the second phase, external costs, particularly environmental costs, shall also be charged to them.
2. The Parties shall regularly consult each other in the preparation of such a solution. Where possible, they shall take account of the principle of territoriality and the particular costs borne by the Alpine region.
3. If appropriate, the Parties shall open negotiations

the conclusion of a road traffic taxation agreement. In the light of the objectives of paragraph 1, the main aim of such an agreement shall be to ensure freedom of movement of cross-border traffic, remove differences between the road traffic taxation systems of the Parties and eliminate distortions in competition within the road transport sector and between transport modes. Article 15 Reducing pollution (eco points system)

1. The Parties shall take the necessary regulatory measures for transit traffic through Austria in the interests of environmental protection and public health.
2. The Parties agree to reduce the emissions and noise generated by heavy goods vehicles crossing Austrian territory in transit. Such a reduction shall be achieved by cutting NOx emissions since this requires the greatest technical effort as reflected in the statutory limit values. It is assumed that the Parties will achieve the targeted reductions in noise emissions by heavy goods vehicles set out in Annex VII to this Agreement. Where those targets are not achieved, the Transit Committee shall discuss what steps need to be taken pursuant to paragraph 4 of Article 21

e Party and crossing Austria in transit, shall, starting in 1992, be reduced by 60 % in the twelve-year period until the end of

1. The initial value and annual reduction therein shall be determined in accordance with paragraphs 4 and
3. The initial value shall be determined by multiplying
4. the level of NOx emissions in g NOx/kWh from heavy goods vehicles in transit established for
5. (It is agreed that this value shall be standardized

the current statutory COP value of 15,8 g NOx/kWh);

1. by the number of transit journeys in
2. A joint estimate will be made of the total number of journeys by heavy goods vehicles of over 7,5 tonnes registered in each of the Contracting Parties in transit operations for hire or reward,

own account or empty through Austria. This shall represent the total number of eco points for

1. 5.
2. The initial value equivalent to the total number of eco points for 1991 shall be reduced according to the percentages given in the Table in Annex VIII. 5.
3. If the number of journeys exceeds the figure established for 1991 pursuant to paragraph 4

the bilaterally-agreed market access rights as at 21 October 1991. TITLE IV CHECKS Article 17 Checks Checks or formalities necessary to the implementation of this Agreement between the Community and Austria, and in particular of Articles 15 and 16 thereof, may be carried out at appropriate locations and with the frequency required to ensure compliance with the appropriate standards. TITLE V GENERAL AND FINAL PROVISIONS Article 18 Non-discrimination The Parties undertake not to take any discriminatory measures falling within the scope of this Agreement or in respect of traffic crossing Member States of the Community. Article 19 Additional measures Where

e of the Parties finds in the course of application of this Agreement that other measures falling within its scope would serve the interests of a coordinated European transport policy and, in particular, help to resolve the problem of trans-Alpine transit, it shall make appropriate proposals to the other. Article 20 Unilateral measures The Parties shall refrain taking any unilateral measures which discriminate against transit traffic authorized pursuant to this Agreement. Article 21 Transit Committee

1. A Transit Committee is hereby set up to oversee implementation of this Agreement and to ensure its proper application of this Agreement. 2.
2. The Transit Committee shall be made up of representatives of the Community and representatives of Austria. Official Journal of the European Communities No L 373/13
4. 92 2.
5. The decisions of the Transit Committee shall be taken jointly by the delegations of the Parties. 2.
6. The Transit Committee shall establish its own rules of procedure. 2.
7. The Transit Committee shall be chaired in turn by each of the Parties. 2.
8. The Transit Committee may set up working parties to assist in fulfilling its functions. 3.
9. The Transit Committee shall be convened at least

ce a year by its chairman or chairwoman in order to review the general functioning of the Agreement, and in particular, the

going implementation of the measures provided for in Articles 6 to

1. 3.
2. Every three years the Transit Committee shall submit a report

: (a) the impact of road haulage traffic

the environment and the public's quality of life; (

1. b)the reduction in emissions from road haulage traffic; (
2. c)the charging of infrastructure and external costs; (
3. d)the capacity and utilization of combined transport in Austria and Switzerland; and, where appropriate, put forward proposals to the Parties. 3.3. Either Party may request the Transit Committee to discuss the subject and application of this Agreement. In the event of such a request, the Transit Committee shall be immediately convened and may, in an emergency, adopt the necessary measures, which may last for no more than three months. 3.4. The Transit Committee shall be convened in cases of serious deviations from the values estimated in Article 15 and Annexes VIII and IX which are attributable to system errors such as inaccurate assumptions, other technical or legal developments or which are caused by changes in the foreign trade situation arising from German unification or unforeseen practical implications of the point system. Measures of no more than three months' duration may be taken to eliminate such discrepancies or measures may be proposed to the Parties provided the target reduction in emissions for the year 2003 is met. 4. The Transit Committee shall be responsible in particular for the following: 4.1. proposing the necessary amendments to Annex I pursuant to Article 5

going implementation of the measures provided for in Articles 6 to 10; 4.3. duties pursuant to Article 15

unilateral measures pursuant to Article 20; 4.

1. settling disputes pursuant to Article
2. Article 22 Settlement of disputes Any dispute between the Parties concerning the interpretation or application of this Agreement shall be referred to the Transit Committee, which shall endeavour to find a mutually acceptable solution. Article 23 Duration This Agreement shall be concluded for 12 years. Article 24 Entry into force
3. This Agreement shall be drawn up in duplicate in Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish, each text being equally authentic.
4. This Agreement shall be subject to approval in accordance with the Parties' own procedures.
5. This Agreement shall enter into force

the first day of the second month after the Parties have notified each other that the necessary legal procedures have been completed.

1. The time and procedures for the introduction of the eco point system (Article 15) in 1992 shall be established in an administrative agreement. Article 25 Legal force of the Annexes Annexes I to X shall form an integral part of the Agreement. Diario Oficial de las Comunidades Europeas No L 373/14
3. 92 Hecho en Oporto, el dos de mayo de mil novecientos noventa y dos. Udfaerdiget i Porto, den anden maj nitten hundrede og tooghalvfems. Geschehen zu Porto am zweiten Mai neunzehnhundertzweiundneunzig. øółżaa ėĮ˙ ŠueęĮ˙, ėĮłĖ aež˙ ĢńĄ˙į šssūłń aażżłńśueėłń aażaażČżĮń aež˙. Done at Oporto

the second day of May in the year

e thousand nine hundred and ninety-two. Fait š Porto, le deux mai mil neuf cent quatre-vingt-douze. Fatto a Porto, addü due maggio millenovecentonovantadue. Gedaan te Oporto, de tweede mei negentienhonderd tweeūnnegentig. Feito no Porto, em dois de Maio de mil novecentos e noventa e dois. Por el Consejo de las Comunidades Europeas For Raadet for De Europaeiske Faellesskaber Fuer den Rat der Europaeischen Gemeinschaften Ćłń Į˙ Óįüņ˙žūł˙ Įųż AAįęųĘńŪśžż Ź˙łż˙ĮČĮųż For the Council of the European Communities Pour le Conseil des Communautłs europłennes Per il Consiglio delle Comunitš Europee Voor de Raad van de Europese Gemeenschappen Pelo Conselho das Comunidades Europeias Diario Oficial de las Comunidades Europeas No L 373/15 21. 12. 92 Por el Gobierno de la RepŪblica de Austria For Regeringen for Republikken OEstrig Fuer die Regierung der Republik OEsterreich Ćłń Į÷ż śįņąęż÷ė÷ Į÷Ė AE÷ü˙śęńĮssńĖ Į÷Ė ĮįėĮęssńĖ For the Government of the Republic of Austria Pour le gouvernement de la rłpublique d'Autriche Per il governo della Repubblica d'Austria Voor de Regering van de Republiek Oostenrijk Pelo Governo da RepŪblica da Įustria ANNEX I (

Article 5) 1.

The main European rail routes which run through Austrian territory and are relevant to transit traffic are as follows: 1.

1. The Brenner route Munich - Verona - Bologna 1.
2. The Tauern route Munich - Salzburg - Villach 1.
3. The Pyhrn - Schober Pass route Regensburg - Graz 1.
4. The Danube route Nuremberg - Vienna
5. The corresponding extensions and terminals form part of these main routes. ANNEX II (

Article 6

) INFRASTRUCTURE MEASURES IN AUSTRIA Austria will implement the following measures to expand rail capacity and so improve rail transport and combined transport:

1. Brenner 1.
2. Short-term measures: - construction of the Innsbruck loop line, - measures affecting safety and operations, - introduction of computer-assisted train monitoring, - new block system arrangements, - installation of points for track changes between stations, - reconstruction of Woergl Station, - extensions to passing tracks in stations. 1.
3. Long-term measures: - in view of the importance of a new Brenner crossing, Austria declares itself willing to pursue work already under way and step up cooperation with the Community with regard to the Brenner base tunnel project and its feeder lines.
4. Tauern 2.
5. Short-term measures: - continuation of track-doubling, - safety improvements. 2.
6. Medium-term measures: - ad hoc line improvements, - increase in section maximum speed, - shortening of block (signal) sections. Official Journal of the European Communities No L 373/17
8. 92
9. Pyhrn-Schober 3.
10. Short-term measures: - removal of the night-running ban

the Pyhrn section, - removal of the night-running ban

the Hieflau section. 3.

1. Medium-term measures: - station upgrading and conversions, - improvement of safety systems, - shortening of block (signal) sections, - removal of level crossings, - reconstruction of the Traun-Marchtrenk curve, - selective track doubling. 3.
2. Long-term measures: - continuation of track doubling

the entire Passau - Spielfeld/Strass section, - rebuilding of the St Michael - Bruck section. ANNEX III (

Article 7) DECLARATION BY THE DELEGATION OF THE EUROPEAN COMMUNITIES 1.

Within the Community, the execution of infrastructure projects will depend

the Member States concerned assuming responsibility for works to be carried out

their respective territories. 2. Article 7 will be carried out as follows: (a) the Commission will present a draft of the required measures to the Committee

Transport Infrastructure and examine this with the Member States affected (see Council Decision 78/174/EEC, OJ No L 54,

2. 1978, p. 16); (b) the Community will use the resources available to it under the common policy for transport infrastructure to support these measures. (See Council Regulation (EEC) No 3359/90, OJ No L 326,
4. 1990, p. 1) ANNEX IV (

Article 7

) INFRASTRUCTURE PROJECTS

COMMUNITY TERRITORY In the Community the following measures will be taken to increase rail capacity with a view to improving rail transport and combined transport: (a) In Germany and Italy In view of the importance of a new Brenner crossing, the Community declares its readiness, as an extension to action taken hitherto, to step up its cooperation with Austria

the Brenner base tunnel project and access routes; (

1. b)In Germany - Short-term measures: - combined transport terminals at Munich-Riem and Duisburg Port, - upgrading of the Munich - Rosenheim - Kufstein section; in particular: reserved tracks for the S-Bahn (urban railway) between Zorneding and Grafing, - shortening of block sections (improvement of division into sections) between Grafing and Rosenheim and between Rosenheim and Kiefersfelden, - construction of passing tracks (e.g. between the stations at Grosskarolinenfeld, Raubling and Fischbach), - construction of rail-free access for platforms at Grosskarolinenfeld Station, and - track layout changes at Rosenheim Station and further measures at the following stations: Assling, Ostermuenchen, Brannenburg, Oberaudorf and Kiefersfelden. - Medium-term measures (up to the end of 1988, subject to planning permission): - upgrading of the Munich - Muehldorf - Freilassing section. Official Journal of the European Communities No L 373/19 21. 12. 92 (
2. c)In Italy Brenner: - the widening of tunnels

the Brenner - Verona line in order to permit the carriage of heavy goods vehicles with a corner height of four m in accompanied or unaccompanied combined transport, - the upgrading of the Verona-Quadrante Europa intermodal centre, - track reinforcement and construction of new tunnels, - the implementation of further technical measures (automatic block and two-way working

the busy stretches leading to the stations of Verona, Trento, Bolzano and Brenner) in order to increase capacity and further improve safety. (d) In the Netherlands Construction of a rail service centre in the Rotterdam conurbation. ANNEX V (

Article 8) 1.

AUSTRIAN RAILWAYS' ADDITIONAL CAPACITY FOR CARRIAGE OF GOODS IN TRANSIT THROUGH AUSTRIA: Route Additional capacity: transit goods trains/day (in both directions) Immediate Short-term Medium-term Long-term Brenner 10 (¹) 70 (¹) - 200 (& highdigit