Legal provisions of COM(2005)255 - Position of the EC on Decision 1/2005 of the EC/Switzerland Inland Transport Committee on the creation of a joint observatory for traffic in the Alpine region

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dossier COM(2005)255 - Position of the EC on Decision 1/2005 of the EC/Switzerland Inland Transport Committee on the creation of a joint ...
document COM(2005)255 EN
date June 16, 2005
Important legal notice

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52005PC0255

Proposal for a Council Decision concerning the position of the Community on Decision 1/2005 of the Community/Switzerland Inland Transport Committee on the creation of a joint observatory for traffic in the Alpine region /* COM/2005/0255 final */


[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 16.06.2005

COM(2005) 255 final

Proposal for a

COUNCIL DECISION

concerning the position of the Community on Decision 1/2005 of the Community/Switzerland Inland Transport Committee on the creation of a joint observatory for traffic in the Alpine region

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road entered into force on 1 June 2002. Article 51 of the Agreement established a joint committee known as the “Community/Switzerland Inland Transport Committee” to be responsible for the management and proper application of the Agreement.

The traffic observatory

Article 45 of the Agreement requires a permanent observatory to be set up to monitor road, rail and combined traffic in the Alpine region. Paragraph 3 of the Article requires the Contracting Parties to determine the administrative procedures governing the operation of the observatory by means of a decision of the Joint Committee.

To that end, the Commission and Switzerland have agreed that the activities of the observatory are to be directed by the “observatory” working party set up by Decision 1/2003 of the Joint Committee. The working party will implement the strategic objectives of the observatory as decided by the Joint Committee and monitor the degree to which the set objectives are attained. The tasks of gathering data and drafting reports are to be entrusted to a service provider selected through a tendering procedure in accordance with the rules on public contracts. Expenditure associated with the mandate of the outside consultant is to be borne in equal measure by Switzerland and the European Community. The working party will examine and adopt, by mutual agreement, the reports drafted by the outside consultant. It will submit its conclusions to the Joint Committee, which will take the decisions arising therefrom. If a report is not approved, the working party will inform the Joint Committee of the divergent views expressed by its members.

COMMUNITY POSITION ON DECISION 1/2005

Article 4 of Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation stipulates that the position to be taken by the Community as regards decisions of the Joint Committee is to be adopted by the Council, acting by qualified majority on a proposal from the Commission, for the matters contained in Articles 42, 45, 46, 47 and 54 of the Agreement. Article 45 of the Agreement concerns the traffic observatory.

The Council is therefore invited to adopt the attached Decision.

Proposal for a

COUNCIL DECISION

concerning the position of the Community on Decision 1/2005 of the Community/Switzerland Inland Transport Committee on the creation of a joint observatory for traffic in the Alpine region

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road, and in particular Article 45 thereof,

Having regard to the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (2002/309/EC, Euratom), and in particular Article 4 thereof,

Whereas:

(1) The Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road (hereinafter referred to as “the Agreement”) entered into force on 1 June 2002.

(2) Article 51 of the Agreement established a Community/Switzerland Inland Transport Committee (Joint Committee) to be responsible for the management and proper application of the Agreement.

(3) Article 45 of the Agreement requires a permanent observatory to be set up to monitor road, rail and combined traffic in the Alpine region. Paragraph 3 of the Article requires the Contracting Parties to determine the administrative procedures governing the operation of the observatory by means of a decision of the Joint Committee.

(4) The first indent of Article 4(1) of the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (2002/309/EC, Euratom) provides that the position to be taken by the Community as regards decisions of the Joint Committee is to be adopted by the Council, acting by qualified majority on a proposal from the Commission, for the matters contained in Article 45 of the Agreement,

HAS DECIDED AS FOLLOWS:

Sole Article

The position of the European Community in the Community/Switzerland Inland Transport Committee established by Article 51 of the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road concerning the creation of a joint observatory for traffic in the Alpine region shall be based on the annex to this Decision.