Agreement in the form of an Exchange of Letters

between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria

A. Letter from the European Community

Sir,

I have the honour to inform you that, following the outcome of the conciliation procedure between the Council and the European Parliament on Regulation (EC) No 2327/2003 of the European Parliament and of the Council(1) establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy, negotiations between the delegation of the Republic of Croatia and the delegation of the European Community were held in the context of Protocol 6 to the Interim Agreement on trade and trade-related matters between the European Community and the Republic of Croatia(2), and taking into account the provisions of Article 11, paragraph 5 of Protocol 6 to the Stabilisation and Association Agreement(3) between the European Communities and their Member States and the Republic of Croatia, and the following has been agreed:

1. The transitional points system is applicable to the heavy goods vehicles registered in Croatia, with a maximum authorised weight of more than 7,5 tons, using 6, 7 or 8 points, when these vehicles transit Austria, regardless of whether they are laden or not.

Heavy goods vehicles using more than 8 points are not allowed to transit Austria.

Heavy goods vehicles that require 5 points or less are exempt from this system.

2. The number of points allocated to the heavy goods vehicles registered in Croatia and transiting Austria is:

for 2004, 172378 points;

for 2005, 163305 points;

for 2006, 154233 points.

3. The application modalities and procedures for the management and control of the points are identical to the ones laid down in 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 as from 1 January 2003(4).

The Interim Committee, and thereafter the Stabilisation and Association Council, shall adopt, if necessary, further measures concerning the procedures relating to the transitional points system, the distribution of points and the technical issues concerning the application of the present Exchange of Letters.

4. This Agreement shall enter into force on the day following the notification of both parties that the internal procedure leading to the conclusion of this Agreement is finished.

It shall be applied on a provisional basis from 1 January 2004.

The Agreement shall expire when Regulation (EC) No 2327/2003 of the European Parliament and of the Council of 22 December 2003 establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy, expires.

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 considerations.

B. Letter from the Republic of Croatia

Sir,

I refer to your preceding letter, in which you inform me of the following:

"I have the honour to inform you that, following the outcome of the conciliation procedure between the Council and the European Parliament on Regulation (EC) No 2327/2003 of the European Parliament and of the Council(5) establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy, negotiations between the delegation of the Republic of Croatia and the delegation of the European Community were held in the context of Protocol 6 to the Interim Agreement on trade and trade-related matters between the European Community and the Republic of Croatia(6), and taking into account the provisions of Article 11, paragraph 5 of Protocol 6 to the Stabilisation and Association Agreement between the European Communities and their Member States and the Republic of Croatia(7), and the following has been agreed:

1. The transitional points system is applicable to the heavy goods vehicles registered in Croatia, with a maximum authorised weight of more than 7,5 tons, using 6, 7 or 8 points, when these vehicles transit Austria, regardless of whether they are laden or not.

Heavy goods vehicles using more than 8 points are not allowed to transit Austria.

Heavy goods vehicles that require 5 points or less are exempt from this system.

2. The number of points allocated to the heavy goods vehicles registered in Croatia and transiting Austria is:

for 2004, 172378 points;

for 2005, 163305 points;

for 2006, 154233 points.

3. The application modalities and procedures for the management and control of the points are identical to the ones laid down in 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 as from 1 January 2003(8).

The Interim Committee, and thereafter the Stabilisation and Association Council, shall adopt, if necessary, further measures concerning the procedures relating to the transitional points system, the distribution of points and the technical issues concerning the application of the present Exchange of Letters.

4. This Agreement shall enter into force on the day following the notification of both parties that the internal procedure leading to the conclusion of this agreement is finished.

It shall be applied on a provisional basis from 1 January 2004.

The Agreement shall expire when Regulation (EC) No 2327/2003 of the European Parliament and of the Council of 22 December 2003 establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy, expires.

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 considerations.

(1) OJ L 345, 31.12.2003, p. 30.

(2) OJ L 330, 14.12.2001, p. 3.

(3) Whose ratification is pending.

(4) OJ L 150, 18.6.2003, p. 33.

(5) OJ L 345, 31.12.2003, p. 30.

(6) OJ L 330, 14.12.2001, p. 3.

(7) Whose ratification is pending.

(8) OJ L 150, 18.6.2003, p. 33.