COMMISSION OPINION of 24 February 1976 to the Government of the Federal Republic of Germany concerning the draft law amending the law governing road transport crews (76/281/EEC)

1. In the communication from the office of its Permanent Representative of 2 June 1975, the Government of the Federal Republic of Germany forwarded to the Commission for its opinion a draft law amending the law governing road transport crews in accordance with Article 18 of Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (1).

2. The draft submitted is in particular intended to make it possible to implement Regulation (EEC) No 543/69, as amended by Council Regulations (EEC) No 514/72 and (EEC) No 515/72 of 28 February 1972 (2), especially as regards concessions for short-haul transport, Council Regulation (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport (3) and the European Agreement concerning the work of crews of vehicles engaged in international road transport of 1 July 1970 once the latter is put into effect.

The authorization to implement Regulation (EEC) No 543/69 provided for in the draft submitted is particularly intended to provide the necessary legal conditions for arrangements by means of legal provisions governing the organization, procedure and means of control and dispensation from the provisions on uninterrupted driving times, breaks and driving and rest periods granted to short-haul transport. Legal provisions on the means of inspection and the operation of recording equipment are to be authorized in order to implement Regulation (EEC) No 1463/70.

The draft also contains regulations on violations of the two EEC Regulations and penalties in the form of fines by re-fixing the maximum penalties for firms and road transport crews and presenting them in more simplified form. The ban on continuing a journey, or the turning back of vehicles at the frontier, when work records are missing is expressly laid down as a sanction.

When the AETR takes effect, there will already be the necessary authorization to issue legal regulations on the organization, procedure and means of supervising the application of the Agreement, on the arrangement and use of the personal record sheet and on dispensation from the provisions of the Agreement.

As the German Government has stated, a draft of the additional provisions that will later be issued on the basis of the amended law on road transport crews will be forwarded to the Commission for consultation.

3. The Commission notes that the measures provided for by the draft submitted will together lead to a better application of Regulations (EEC) No 543/69 and (EEC) No 1463/70. In particular, the preparations for the entry into force of the AETR will permit the provisions of this Agreement which apply to transport to and from non-member countries to be implemented as soon as possible after such entry into force.

However, it must be pointed out that on 28 April 1975 the Commission presented a proposal to the Council for a Council Regulation on the entry into force of the AETR (4) which should ensure the simultaneous application of the Agreement throughout the Community if all the Member States take common action to bring the AETR into force and apply it, pursuant to Article 1 of Council Regulation (EEC) No 514/72 and the Judgment of the Court of 31 March 1971 in Case 22/70. The Federal Government must therefore take the planned measures to implement the AETR as part of this common action.

4. The Commission therefore expresses a favourable opinion on the draft.

Done at Brussels, 24 February 1976.

For the Commission

Carlo SCARASCIA MUGNOZZA

Vice-President

(1) OJ No L 77, 29.3.1969, p. 49. (2) OJ No L 67, 20.3.1972, pp. 1 and 11. (3) OJ No L 164, 27.7.1970, p. 1. (4) OJ No C 123, 3.6.1975, p. 2.