21.12.92 Official Journal of the European Communities No L 373/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3637/92 of 27 November 1992 on a system of distribution of Rights of Transit (Ecopoints) for heavy goods vehicles with a laden weight of over 7,5 tonnes registered in a Member State transiting through Austria THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas an Agreement has been reached between the Republic of Austria and the European Economic Community on the transit of goods by road and rail {3); Whereas Article 15 of the abovementioned Agreement provides for a reduction of pollution generated by heavy goods vehicles using Austrian territory in transit, which shall be achieved by cutting total NO, emissions of heavy goods vehicles with a laden weight of over 7,5 tonnes, by 60% in the twelve year period of the agreement, namely until the end of 2003; Whereas these total NO, emissions will be represented by a number of points (Ecopoints) to be used by vehicles in order to be allowed to transit through Austria; Whereas the Agreement provides that the competent Austrian authorities will make available to the Community the abovementioned Ecopoints, which are to be distributed by the Community among its Member States in accordance with.its own rules and procedures; (') Opinion delivered on 20 November 1992 (not yet published in the Official Journal). (2) Opinion delivered on 24 November 1992 (not yet published in the Official Journal). () See p. 4 of this Official Journal. Whereas it is necessary to establish rules governing the distribution and management of the Ecopoints which are made available to the Community; Whereas Ecopoints should be made available to the Member States by the Commission; Whereas 96,66 % of the available Ecopoints should be distributed to Member States according to an agreed scale which is based on the transport relations with Austria for 1991, Whereas Member States should return to the Commission, in' good time, those Ecopoints which, on the basis of available data, are unlikely to be used by the end of the relevant year; Whereas the Commission should retain the remaining and returned points as a reserve for distribution according to agreed objective criteria for compensation of certain Member States at the latest one month before the end of the relevant year; Whereas on distributing this reserve, according to objective criteria, the Commission will be assisted by the committee set up by Article 4 of Council Decision 92/577/EEC of 27 November 1992 concerning the conclusion of the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail (4), HAS ADOPTED THIS REGULATION: Article 1 This Regulation establishes the system of distribution, between the interested hauliers, of Ecopoints made (*) See p. 4 of this Official Journal.