Introductory text

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission^f1,

Having regard to the opinion of the European Economic and Social Committee^f2,

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty^f3, in the light of the joint text approved by the Conciliation Committee on 25 November 2003,

Whereas:

Article 11(2)(a) of Protocol 9 to the 1994 Act of Accession^f4 stipulates that the ecopoint system will lapse on 31 December 2003.

Paragraph 58 of the conclusions of the Laeken European Council of 14 and 15 December 2001 requested that the ecopoint system be extended as a temporary solution. This extension is in keeping with policy on environmental protection in vulnerable areas such as the Alpine region. Paragraph 35 of the conclusions of the Copenhagen European Council of 12 and 13 December 2002 requested the Council to adopt, before the end of 2002, a Regulation on the interim solution for the transit of heavy goods vehicles through Austria 2004 to 2006.

This measure is required pending adoption of the framework proposal on charging for the use of infrastructure, as set out in the White Paper on European transport policy for 2010 which the Commission has declared it intends to present in 2003.

This measure is also justified by the need to protect the environment from the consequences of pollution caused by the transit of very high numbers of heavy goods vehicles.

The European Environment Agency notes that enlargement of the European Union is likely to result in a huge increase in transit traffic. The transitional points system applicable to heavy goods vehicles travelling through Austria should therefore be extended with a view to enlargement to include the acceding countries.

The Convention on the protection of the Alps (Alpine Convention), signed and approved by the European Community^f5, lays down various rules to reduce heavy goods traffic in the Alpine area. In particular, it provides that the volume of and dangers posed by intra-Alpine and transalpine traffic are to be reduced to a level which is not harmful to humans, animals and plants and their habitats, by switching more traffic, in particular freight traffic, to the railways in particular by providing appropriate infrastructure and incentives complying with market principles, without discrimination on grounds of nationality.

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission^f6.

It is essential to find non-discriminatory solutions to reconcile the obligations deriving from the Treaty (including Articles 6, 51(1) and 71), for instance as regards free movement of services and goods and protection of the environment.

A transitional points system should therefore be established for the year 2004,

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