Explanatory Memorandum to COM(2012)210 - EU position concerning an amendment to Annex XIII (Transport) to the EEA Agreement

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1. CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal security and homogeneity of the Internal Market, the EEA Joint Committee is to integrate all the relevant European Union legislation into the EEA Agreement as soon as possible after its adoption.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex XIII (Transport) by adding new European Union acquis in this field.

This concerns Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures, which is to be incorporated into the Agreement.

For the purpose of the implementation of this act, the following adaptations in relation to Norway are proposed:

1. For existing tolling arrangements on the trans-European road network in south-eastern Norway, the application of discounts or reductions in tolls for frequent users shall comply with Article 7(4b) of this Directive by 31 December 2014 at the latest;

2. The existing tolling arrangements on the trans-European road network outside south-eastern Norway can retain their current level of discounts provided that the share of international heavy goods traffic on the concerned infrastructure network is below 30%;

3. For future, new tolling arrangements on the trans-European road network outside south-eastern Norway, discounts or reductions in tolls for frequent users may exceed the level set out in Article 7(4b) of this Directive provided that:

- the share of international heavy goods traffic on the infrastructure network concerned is not higher than 5 %,

- the level of such discounts or reductions is justified by specific circumstances, notably when the infrastructure network concerned consists of bridges and/or tunnels to replace a ferry.

2.

LEGAL ELEMENTS OF THE PROPOSAL



Article 1(3) of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The Commission would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.