Article 2
This Decision is addressed to the Republic of Italy. Done at Brussels, 9 July 2003. For the Commission Loyola De Palacio Vice-President (1) OJ C 87, 11.4.2002, p. 2. (2) See footnote 1. (3) See Article 54(1) paragraphs (d), (e), (h), (i) and (n) of the Italian Highway Code, Legislative Decree No 285 of 30 April 1992 (Official Journal of the Republic of Italy No 114, 18.5.1992), as amended by Legislative Decree No 360 of 10 September 1993 (Official Journal of the Republic of Italy No 217, 15.9.1993). See also the Decree of the Minister for Infrastructure and Transport of 5 December 2001 and Article 7 of Presidential Decree No 495 of 16 December 1992. (4) See, in particular, paragraph 5 of the draft Memorandum of Understanding. (5) See also the Decree of the Minister for Infrastructure and Transport of 5 December 2001 and Article 7 of Presidential Decree No 495 of 16 December 1992. (6) See Ministerial Circular No 62 of 5 August 1993, Articles 6 and 7 of Legislative Decree No 285 of 30 April 1992 and Article 7 of Presidential Decree No 495 of 16 December 1992 (Official Journal of the Republic of Italy No 303, 28.12.1992) as amended by Presidential Decree No 610 of 16 September 1996 (Official Journal of the Republic of Italy No 284, 4.12.1996). (7) Test carried out on 23 October 2002 using an IVECO AS 440 S 45 tractor (240 horse power) linked to a semi-trailer, max. 40,5 tonnes. (8) See, in particular, the Regional Plan for redevelopment and air quality (Piano regionale per il risanamento e la qualità dell'aria, Official Journal of the Piedmont Region No 47, 21.11.2002) adopted by Decision of the Regional Executive on 21 November 2002 pursuant to Decree of the Minister for the Environment No 60/2002. Under this programme, eight municipalities in the area concerned are among those with atmospheric pollution levels above the upper limit and requiring action to be taken by the regional administration. (9) OJ C 37, 3.2.2001, p. 3. (10) Regional law No 43 of 7 April 2000, provisions for environmental protection in terms of atmospheric pollution. Initial implementation of the Regional Plan for redevelopment and air quality. (11) Following privatisation in December 1999, the bulk of Autostrade SpA's capital is now in the hands of private shareholders. (12) See Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ L 42, 23.2.1970, p. 1), as last amended by Directive 2004/3/EC of the European Parliament and of the Council (OJ L 49, 19.2.2004, p. 36). Motor vehicles intended for freight transport are all the vehicles registered as class N with at least four wheels, or three wheels and a maximum weight exceeding 1 tonne. In particular, class N1 includes vehicles with a maximum weight of 3,5 tonnes, class N2 those whose maximum weight is between 3,5 and 12 tonnes, and class N3 vehicles of more than 12 tonnes. (13) See, in particular, the Judgment of the Court of First Instance of 8 June 1995 in Case T-459/93, Siemens v Commission, ECR II-1678, paragraphs 48 and 77, and the Judgment of 30 April 1998 in case T-214/95, Vlaams Gewest v Commission, ECR II-717, paragraph 64 or 46. (14) See in particular Council Regulation (EEC) No 881/92 of 26 March 1992 (OJ L 95, 9.4.1992, p.1), which guarantees, as of 1 January 1993, the full opening of the international freight transport sector to competition in favour of any holder of the Community licence under this Regulation, as well as Council Regulation (EEC) No 3118/93 of 25 October 1993 (OJ L 279, 12.11.1993, p.1), thanks to which every quantitative restriction on cabotage was gradually abolished and the national freight transport market was fully opened to competition as of 1 July 1998. (15) OJ C 37, 3.2.2001, p. 3. (16) See, in particular, Article 2(b) of Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p.42). (17) OJ L 130, 15.6.1970, p. 1. (18) See, in particular, the White Paper of 2002, "European transport policy for 2010: time to decide", which recommends stepping up road safety, p. 16.