No C 249/6 Official  Journal  of the European  Communities 18. 10. 77 
Amendments  to the proposal  for a Council  Regulation  on the harmonization  of certain 
social  legislation  relating  to road  transport  (*) 
(Submitted  by  the  Commission  to  the  Council  pursuant  to the  second  paragraph  of 
1Article  149  of the EEC  Treaty  on 8 August  1977) 
1. The  recitals  of the  proposed  Regulation  are 
amended  as follows: 
(a) the  last  part  of the first  recital  to read: 
'and in particular  Section  III thereof,  as amended 
by Council  Regulations  (EEC)  No  514/72  and 
(EEC)  No  515/72  of 28 February  1972  ('), is in 
need  of revision  and  amplification;' 
(b) The  sixth  recital  is replaced  by the following: 
'Whereas  with  vehicles  in  which  recording 
equipment,  as referred  to in Articles  1 and  20 of 
Council  Regulation  (EEC)  No 1463/70  of 20 July 
1970  on the introduction  of recording  equipment 
in road  transport  (2), is functioning,  the checking 
of spreadover  and  daily  driving  periods  does  not, 
in principle,  need  further  strengthening  by a 
restriction  on  daily  distance  covered  by these 
vehicles;' 
(c) The  eleventh  recital  reads  as follows: 
'Whereas  it is desirable  to provide  a Community 
procedure  for  exemption  from  all or certain 
provisions  of the  Regulation,  in respect  of 
national  transport  operations  of a special  kind, 
the carriage  of certain  products,  and  national 
transport  in the event  of serious  difficulties  with 
transport  in the  economy  generally  or in a 
particular  region;' 
(d) The  sixteenth  recital  is deleted. 
2. The  following  amendments  should  be made  to 
the articles  of the proposed  Regulation: 
(a) Article  1: 
— Paragraph  4 is amended  to read  as follows: 
'4. "week"  — the  period  running  from 
00.00  hours  on a Monday  to 24.00  hours  on 
the following  Sunday'. 
— Paragraph  5: 'rest  period'  is replaced  by 'free 
time'. 
— The  words  'and  breaks'  are added  to the end 
of paragraph  6. 
(') OJ No C 103,  6. 5. 1976,  p. 2. — A new  paragraph  6 (a) is inserted  reading  as 
follows: 
'6 (a) "driving  period"  means  the  whole  of 
the time  within  the  spreadover  spent  at the 
wheel'. 
— Paragraph  7 is completed  with  the following: 
'after  taking  the  customary  precautions  for 
the protection  of his vehicle  and  its load'; 
(b) Article  4: 
— Paragraph  5 is to read  as follows: 
'5. Service  vehicles  used  by  the  police, 
gendarmerie,  armed  forces,  fire  brigades,  civil 
defence,  drainage  or  flood-prevention 
authorities,  telegraph  or telephone  services, 
by the  postal  authorities  for  the  carriage  of 
mail,  by radio  or television  services,  or for 
the detection  of radio  or television  transmit-
ters or receivers,  or vehicles  used  by other 
public  authorities  in the  provision  of public 
services  which  are  not  in competition  with 
professional  carriers'. 
— Paragraph  6 is to read  as follows: 
'6. vehicles  used  for the carriage  of sick  or 
injured  persons  and  for  carrying  rescue 
material,  and  any  other  specialized  vehicles 
used  for medical  purposes'. 
— Paragraph  8 is to read  as follows: 
'8. tractors  and  other  machines  used 
exclusively  for  local  agricultural  and  forestry 
work'. 
— Add  a paragraph  12 as follows: 
'12. specialized  breakdown  vehicles'; 
(c) Article  6 is deleted; 
(d) Article  7: 
The first  sentence  is deleted.  In the  second 
sentence  the words  'a rest  period'  are replaced  by 
'a period  of free  time'; 
18.10.  77 Official  Journal  of the  European  Communities No C 249/7 
(e) Article  9: 
In paragraph  1 the  words  'rest  period'  are 
replaced  by 'free  time  period'.  Paragraph  2 is 
replaced  by the following: 
'2. Not  more  than  twice  a week  the  time 
referred  to in paragraph  1 may  be reduced  to 
10 hours  when  taken  at the  place  where  the 
vehicle  is based  and  nine  hours  when  taken 
elsewhere'; 
(f) Articles  12, 13 and 14: 
The words  'rest  period'  are replaced  by the words 
'free  time  period'; 
(g) Article  15 is amended  to read  as follows: 
'Article  15 
1. Where  a crew  member  engaged  in the 
carriage  of goods  or passengers  accompanies  a 
vehicle  carried  by ferry-boat  or train,  his free  time 
period  may  be interrupted  once,  provided  that 
where  the following  conditions  are fulfilled: 
— that  portion  of the free  time  period  spent  on 
land may  precede  or follow  that  portion 
taken  on board  the ferry-boat  or train, 
— the  period  between  the  two  portions  of the 
free time  period  must  be as short  as possible 
and may  on no account  exceed  one  hour 
before  embarkation  or after  disembarkation, 
customs  formalities  being  considered  as 
included  in  the  embarkation  or 
disembarkation  operations, 
— a bunk  or couchette  must  be available  to the 
crew  member  during  both  portions  of his free 
time period, 
— should  the free  time  period  be interrupted,  in 
this way  the  free  time  periods  laid  down  in 
Article  9 shall  be increased  by two  hours. 
2. Any  period  of time  on a ferry-boat  or train 
which  is not  counted  as part  of the  free  time 
period  shall  be considered  a break  within  the 
meaning  of Article  17.'; 
(h) Article  16: 
'Time  spent  behind  the  wheel'  is replaced  by 
'driving  period'; 
(i) A new  Article  16a is added;  it reads  as follows: 
'Article  16a 
The following  vehicles,  where  they  are  not 
equipped  with  recording  equipment  within  the 
meaning  of Article  1 or Article  20  (1)  of Regulation  (EEC)  No 1463/70  may  not during  a 
spreadover  cover  more  than  450  kilometres, 
unless  there  are  two  drivers,  or unless  the first 
driver  is relieved  by another  after  450 kilometres: 
(a) a motor  vehicle  or tractor  with  more  than 
one trailer  or semi-trailer; 
(b) a motor  vehicle  or tractor  with  one  trailer  or 
semi-trailer  where  used  for  the  carriage  of 
passengers  and  the  permissible  maximum 
weight  of the  trailer  or semi-trailer  exceeds 
five tonnes; 
(c) a motor  vehicle  or tractor  with  one  trailer  or 
semi-trailer  where  used  for  the  carriage  of 
goods  and  the permissible  maximum  weight 
exceeds  20 tonnes.'; 
(j) Article  20: 
Paragraph  1 to read  as follows: 
'1, Each  Member  State  may  apply  provisions 
which  contain: 
— lower  maxima  than  those  laid  down  in 
Articles  7, 8, 11 and 16, 
— higher  minima  than  those  laid  down  in 
Articles  5, 9, 12, 14, 17 and 18; 
and apply  the  provisions  of Article  16a  to 
vehicles  equipped  with  a recording  equipment 
within  the meaning  of Article  1 or Article  20(1) 
of Regulation  (EEC)  No 1463/70'; 
(k) Article  22 is amended  to begin  as follows: 
'Provided  that  road  safety  is not  thereby  jeop-
ardized  the  driver  may,  in case  of danger,  in 
circumstances  outside  his  control,  to render 
assistance,  or as a result  of a breakdown,  and  to 
the extent  necessary  to ensure  the  safety  of 
persons,  of the  vehicle  or of its load,  and  to 
enable  him  to reach  a suitable  stopping  place  or, 
according  to circumstances,  the  end  of his 
journey,  depart  from  the provisions  of Section  IV 
and of Articles  16 and 16a'  .. 
(1) Article  23: 
— The  following  subparagraph  is added  to 
paragraph  1: 
'The  decision  taken  by the Commission  shall 
be published  in the  Official  Journal  of the 
European  Communities'. 
— The  words  'and  vice-versa;'  are  added  to 
paragraph  2 point  (i); 
No C 249/8 Official  Journal  of the European  Communities 18.10.  77 
(m) Article  28: 
A fourth  paragraph  is added  to read  as follows: 
'4. The  decisions  taken  by the  Commission 
shall  be published  in the Official  Journal  of the 
European  Communities'; 
(n) Article  30: 
— Paragraph  1 is amended  to read  as follows: '1. This  Regulation  shall  enter  into  force 
on 1 January  1978.  With  effect  from  that  date 
Articles  1, 2, 5, 16a,  27 (1) and  28 shall  apply, 
and Articles  2, 5 and  6 of Regulation  (EEC) 
No 543/69  shall  be repealed'. 
— In paragraph  2 the  date  'February  1977',  is 
replaced  by '1 August  1978'. 
— Paragraph  3 is unchanged. 
COMMUNICATION  FROM  THE  COMMISSION  TO THE  COUNCIL  ON  A 
COMMUNITY  PLAN  OF  ACTION  IN THE  FIELD  OF  RADIOACTIVE  WASTES 
(Submitted  by the Commission  to the Council  on 2 August  1977) 
Draft  Council  resolution  on a Community  plan  of action  relating  to radioactive  wastes 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Atomic  Energy  Community, 
Having  regard  to the draft  from  the Commission, 
Whereas  the  Commission  has  addressed  to the 
Council  a memorandum  on a Community  plan  of 
action  in the field  of radioactive  wastes; 
Whereas  the  development  of nuclear  energy  is 
intended  to enable  the  Community  to meet  an 
increasing  proportion  of its electricity  needs  while  at 
the same  time  achieving  dependability  in its supplies 
as a result  of diversification  of its sources  of fuel; 
Whereas  the foreseeable  growth  in the generation  of 
electricity  by nuclear  means  during  the next  decades 
will involve  corresponding  waste  production; 
Whereas  the  achievement  of this  growth  must  be 
accompanied  by complete  respect  for  the  safety  of 
workers  and  of the public  and  for the protection  of 
the environment; 
Whereas  to this  end  the  problems  raised  by the 
management  and  storage  of radioactive  wastes  must 
be solved; Whereas  the Council  has  already  acknowledged  the 
need  for  action  at  Community  level  of  the 
management  and  storage  of radioactive  wastes  by 
approving  the Community  environment  and  research 
and development  programmes  currently  in progress 
in this  field; 
Whereas  the  problems  raised  by radioactive  wastes 
nevertheless  constitute  an  indivisible  complex  of 
questions  relating  to the  final  development  of the 
technologies  acquired  and  to questions  of a legal, 
administrative  and  financial  nature  which  must  be 
resolved  in the same  context; 
Whereas  the  Community  activities  in progress  on 
research  and  development  must  therefore  be backed 
up by other  measures; 
Whereas,  finally,  collaboration  with  non-member 
countries  and  organizations  in the field  of radioactive 
waste  management  and  storage  can only  benefit  from 
an expansion  of Community  activities; 
APPROVES  the  plan  of action  which  forms  an 
integral  part  of this  resolution; 
NOTES  that  the  Commission  will  put  forward 
proposals  relevant  to the appropriate  implementation 
of this  plan.