COMMISSION OPINION of 16 June 1980 addressed to the Irish Government on the exemptions it proposes to grant from Community social legislation relating to road transport (80/637/EEC)

1. In a letter dated 31 July 1979 from its Permanent Representation to the European Communities, the Irish Government submitted for the Commission's opinion a series of measures whereby it proposes to grant exemptions for certain national transport operations and uses from Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (1) and (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport (2), and in certain cases from Regulation (EEC) No 543/69 only.

The measures proposed by the Irish Government involve: (a) exemption from the provisions of Regulation (EEC) No 543/69 governing uninterrupted driving time for goods traffic within a radius of 50 km from the place where the vehicle is based;

(b) exemption from the provisions of Regulation (EEC) No 543/69 governing daily rest periods for the transport of harvest produce in respect of up to 30 days per year;

(c) exemption from Regulations (EEC) No 543/69 and (EEC) No 1463/70 for transport operations using vehicles constructed and equipped to carry not more than 15 persons including the driver;

(d) exemption from Regulations (EEC) No 543/69 and (EEC) No 1463/70 for vehicles undergoing local road tests for purposes of repair or maintenance;

(e) exemption from Regulation (EEC) No 543/69 and (EEC) No 1463/70 for the transport of live animals between farms and local markets, and transport of animal carcases or waste not intended for human consumption.

2. The proposed measures comply with the provisions of Regulations (EEC) No 543/69 and (EEC) No 1463/70. Case No 1 (a) fulfils the requirements of Article 14a (1) (a) (i) of Regulation (EEC) No 543/69 ; Case No 1 (b) fulfils the requirements of Article 14a (1) (a) (ii) of that Regulation ; Case No 1 (c) fulfils the requirements of Article 14a (2) (a) of Regulation (EEC) No 543/69 and of Article 3 (2) of Regulation (EEC) No 1463/70 ; Case No 1 (d) fulfils the requirements of Article 14a (2) (b) of Regulation (EEC) No 543/69 and of Article 3 (2) of Regulation (EEC) No 1463/70 ; and Case No 1 (e) fulfils the requirements of Article 14a (2) (c) of Regulation (EEC) No 543/69 and of Article 3 (2) of Regulation (EEC) No 1463/70.

The Commission understands that the local traffic referred to in 1 (a) is carried by vehicles within the meaning of Article 8 (2) in conjunction with Article 6 of Regulation (EEC) No 543/69. In giving a favourable opinion on the proposed exemptions, the Commission considers that the Irish Government should introduce appropriate measures to keep an effective check on the traffic in question, even where tachographs are not used, to ensure that standards of social protection and road safety are not impaired.

3. Subject to the above points, the Commission hereby delivers a favourable opinion on the proposed measures.

It requests the Irish Government to inform it in due course of the entry into force of the relevant provisions.

Done at Brussels, 16 June 1980.

For the Commission

Richard BURKE

Member of the Commission (1) Consolidated version of Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (OJ No C 73, 17.3.1979). (2) OJ No L 164, 27.7.1970, p. 1.