COMMISSION OPINION of 30 June 1978 concerning the exemptions from the Community Regulations on social matters relating to road transport proposed by the United Kingdom of Great Britain and Northern Ireland (78/637/EEC)

1. By letter of 10 May 1978 from the Office of the United Kingdom Permanent Representative to the European Community, the Government of the United Kingdom of Great Britain and Northern Ireland submitted to the Commission, as appropriate, for consultation or authorization a list of transport operations which it is proposed to exempt from Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation to road transport (1), and from Council Regulation (EEC) No 1463/70 of 20 July 1970, on the introduction of recording equipment in road transport (2). The exemptions in question are provided for by Article 14a of Regulation (EEC) No 543/69 as amended and by Article 3 (2) of Regulation (EEC) No 1463/70 as amended.

2. Some of the proposed exemptions may be granted by the Member States after consulting the Commission, whilst others require the Commission's authorization.

3. The exemptions on which the Commission must be consulted are those provided for under Article 14a (1) and (2) of Regulation (EEC) No 543/69 and Article 3 (2) of Regulation (EEC) No 1463/70.

The exemptions proposed by the United Kingdom of Great Britain and Northern Ireland under Article 14a (1) and (2) of Regulation (EEC) No 543/69 in principle give rise to no objection on the part of the Commission.

The Commission does, however, draw the attention of the United Kingdom Government to the limit imposed by Article 14a (1) (a) (ii) on the transport of harvest produce. The period of 30 days per year during which the exemptions may be granted are a maximum for the entire year and not for each harvest.

As regards the exemption provided for in Article 14a (1) (b), the Commission sees no objection to the replacement of the individual control book for vehicles registered before 1 January 1976 by a system of daily log sheets until 1 July 1979 as proposed by the Government of the United Kingdom of Great Britain and Northern Ireland. The Commission expects the United Kingdom Government to adopt the requisite legislation to introduce such a system. The Commission would inform the United Kingdom Government that by consulting the Commission on this matter it also fulfils the consultation condition laid down in the second indent of Article 14a (1) (b).

In respect of the exemption from Regulation (EEC) No 1463/70 of vehicles undergoing local road tests for purposes of repair or maintenance, the Commission is of the opinion that these vehicles must be fitted with recording equipment (tachograph) if they are registered after 1 January 1976. However, since these vehicles are driven during the tests by driver-mechanics who do not habitually drive them, it does not seem reasonable to require them to operate the recording equipment.

4. The exemptions for which authorization of the Commission is required are the subject of a Decision taken today.

Done at Brussels, 30 June 1978.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No L 77, 29.3.1969, p. 49. (2) OJ No L 164, 27.7.1970, p. 1.