DECISION

No 1/2004

OF THE COMMUNITY/SWITZERLAND INLAND TRANSPORT COMMITTEE

of 22 June 2004

concerning the charging system applicable to vehicles in Switzerland for the period from 1 January 2005 until the opening of the Lötschberg base tunnel or 1 January 2008 at the latest

(2005/248/EC)

THE COMMITTEE,

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 51(2) thereof,

Whereas:

(1) Article 40 provides for Switzerland to introduce charges, from 1 January 2001 for use of its public highways (performance-based charge on heavy goods vehicle traffic). The charges applicable from 1 January 2005 must be differentiated according to three categories of (EURO) emission standards.

(2) To this end, the Agreement stipulates the weighted average of the charges, the maximum charge for the most polluting category of vehicles and the maximum difference in charge from one category to another.

(3) The weighting is calculated according to the number of vehicles per EURO standard category operating in Switzerland. The Joint Committee examines the relevant censuses and determines the amounts of the charges for the three categories, based on these weightings.

(4) The Joint Committee has examined the censuses provided by Switzerland.

(5) The Joint Committee must decide the weighting, the distribution of the EURO standard categories between the three categories of charge and the level of the charges for the three categories.

(6) In the Final Act, Switzerland declared that it would fix the actual charges applicable until the opening of the first base tunnel or 1 January 2008, whichever is the earlier, at a level below the maximum amount permitted by the Agreement. The validity of this decision should therefore be limited to that period.

HAS DECIDED AS FOLLOWS:

Article 1

Out of the total number of kilometres travelled during December 2003, January and February 2004 by vehicles of over 3,5 tonnes on Swiss territory, 9,79 % were recorded by vehicles in the EURO 0 standard category, 8,47 % by vehicles in the EURO 1 standard category, 41,09 % by vehicles in the EURO 2 standard category and 40,65 % by vehicles in the EURO 3 standard category.

Article 2

The performance-based charge for vehicles with an actual total laden weight of not more than 40 tonnes and travelling a distance of 300 km shall be:

— CHF 346 for charge category 1,

— CHF 302 for charge category 2,

— CHF 258 for charge category 3.

Article 3

Charge category 1 shall apply to vehicles in the EURO 1 emission class and to all vehicles put into circulation before the EURO 1 standard entered into force. Charge category 2 shall apply to vehicles in the EURO 2 emission class. Charge category 3 shall apply to vehicles in the EURO 3, EURO 4 and EURO 5 emission classes.

Article 4

This Decision shall enter into force on 1 January 2005.

Done at Berne, 22 June 2004.

For the Swiss Confederation

The President

Max

FRIEDLI

For the European Community

The Head of the Delegation

Heinz

HILBRECHT