ADDITIONAL PROTOCOL to the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport

THE EUROPEAN COMMUNITY

and

THE REPUBLIC OF SLOVENIA,

HAVING REGARD to the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport, signed on 5 April 1993, and in particular Article 12 (2) thereof,

HAVING REGARD to Protocol 9 to the Act of Accession of Austria, Finland and Sweden to the European Union, and in particular Articles 11 and 14 thereof,

CONSIDERING that it is necessary to ensure non-discriminatory treatment between Community and Slovenian heavy goods vehicles in transit through Austria as from 1 January 1995;

CONSIDERING that an appropriate transitional period will allow time for adjustment to new provisions which prove necessary,

HAVE AGREED AS FOLLOWS:

Article 1

With regard to Slovenian transit through the Community, the provisions of Article 12 shall be completed by the addition of a new paragraph 2a which shall read as follows:

'2a. By way of derogation from paragraph 2, the following provisions shall apply to Slovenian transit traffic through Austria:

1. For a period from 1 January 1995 to 31 December 1996, a regime for Slovenian transit identical to that resulting from the bilateral agreement between Austria and Slovenia, signed on 4 December 1993, shall be maintained.

2. Notwithstanding paragraph 1, and not later than 31 July 1996, if the Joint Community/Slovenia Transport Committee provided for in Article 22 recognizes that the regime resulting from paragraph 1 leads to discrimination between Slovenian heavy goods vehicles and Community heavy goods vehicles in transit through Austria, appropriate measures will be taken.

3. With effect from 1 January 1997, 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 method of calculation and the detailed rules and procedures for the management and control of the ecopoints will be agreed in good time 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 abovementioned Protocol 9.`

Article 2

1. This Protocol shall apply until 31 December 2003.

2. If the Council of the European Union takes a decision on the basis of paragraphs 3 or 4 of Article 11 of the abovementioned Protocol 9, the Joint Community/Slovenia Transport Committee shall decide on the detailed arrangements for applying the regime resulting from this decision to Slovenian transit traffic through Austria.

Article 3

1. This Protocol is drawn up in two copies in each of the following languages: Danish, Dutch, English, French, Finnish, German, Greek, Italian, Portuguese, Spanish, Swedish and Slovenian, each text being equally authentic.

2. This Protocol shall be concluded in accordance with the Contracting Parties' own procedures. It shall enter into force as soon as the Contracting Parties have notified one another of the completion of the procedures necessary for that purpose.

3. This Protocol shall apply with effect from 1 January 1995.

Done at Brussels, 11 December 1997.

For the European Community

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For the Republic of Slovenia

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Declaration on Part 3 of Article 12 (2a)

The Community delegation undertook to associate Slovenia closely with the work being undertaken in the Coumunity, in accordance with Article 11 of Protocol 9 to the Act of Accession of Austria, Finland and Sweden to the European Union, to implement an electronic control system for the ecopoints system.

Both delegations agreed that, in calculating Slovenia's ecopoints, while 1991 shall be the base year, due account will be taken of the particular circumstances which affected Slovenian transit traffic in that year. Technical meetings between the parties will be held as early as possible in 1996 in order to begin work on this issue.