COMMISSION OPINION of 26 September 1977 addressed to the Government of the Kingdom of the Netherlands on a draft law amending the law on the carriage of goods by road and a draft order amending the order implementing the law on the carriage of goods by road (77/626/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (1), as amended by the Council Decision of 22 November 1973 (2), the Government of the Netherlands sent the Commission, under cover of a letter of 26 May 1977 from the Office of its Permanent Representative to the European Communities, the text of a draft law amending the law on the carriage of goods by road and of a draft order amending the order implementing the law on the carriage of goods by road.

The letter from the Office of the Netherlands Permanent Representative reached the Commission on 6 June 1977 and, in accordance with Article 1 of the Council Decision of 1962 referred to above, was also sent to the other Member States.

The Commission convened a meeting with representatives of the Netherlands Government in Brussels on 14 July 1977 to gain further information.

Under Article 2 (1) of the abovementioned Decision the Commission hereby delivers the following opinion: 1. The Government of the Netherlands states that the draft law and draft implementing order are intended to improve compliance with conditions of work, including collective labour agreements in the road transport sector, and to preclude certain forms of hiring which that Government considers adversely affect the transport market.

2. The Commission considers that these measures are compatible with Community law: - as regards social matters, with Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (3);

- as regards the operation of the transport market, with Council Regulation (EEC) No 3164/76 of 16 December 1976 on the Community quota for the carriage of goods by road between Member States (4) and the Council Directive of 13 May 1965 concerning the standardization of certain rules relating to authorizations for the carriage of goods by road between Member States (5), in view of the information supplied verbally by the representatives of the Government of the Netherlands on 14 July 1977, i.e. that the Government of the Netherlands has no intention of requesting any change in the particulars given in the authorizations for the international carriage of goods by road, referred to in Community Regulations.

3. Furthermore, the proposed amendments to current Netherlands law do not conflict the Commission's ideas on the Community aspects of the transport sector.

4. As a result, the Commission has no objections to the proposed draft law and draft order.

However, as the information supplied shows that a number of minor changes may still be made to the wording of the implementing order, the Commission would like the final text to be communicated to it.

5. The Commission does not consider it necessary to institute consultations with the other Member States within the meaning of Article 2 (3) of the Council Decision.

6. The Commission is informing the other Member States of this opinion.

Done at Brussels, 26 September 1977.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No 23, 3.4.1962, p. 720/62. (2) OJ No L 347, 17.12.1973, p. 48. (3) OJ No L 77, 29.3.1969, p. 49. (4) OJ No L 357, 29.12.1976, p. 1. (5) OJ No 88, 24.5.1965, p. 1469/65.