CELEX: 31977D0202
Language: en
Date: 1977-02-23 00:00:00
Title: Commission Decision of 23 February 1977 modifying its Decision of 22 December 1975 authorizing Ireland to take protective measures in respect of Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport

No L 63/8                          Official Journal of the European Communities                              9 . 3 . 77
                                             COMMISSION DECISION
                                                 of 23 February 1977
              modifying its Decision of 22 December 1975 authorizing Ireland to take protec­
              tive measures in respect of Council Regulation (EEC) No 543/69 of 25 March
               1969 on the harmonization of certain social legislation relating to road transport
                                          (Only the English text is authentic)
                                                     (77/202/EEC)
THE COMMISSION OF THE EUROPEAN                                 Commission prorogated the authorization to Ireland
COMMUNITIES,                                                   to take the protective measures mentioned above,
                                                               until 28 February 1977 ;
Having regard to the Act concerning the conditions of
accession and the adjustments to the Treaties, and in          Whereas     the  Government    of   Ireland  has     now
particular Article 135 thereof,                                requested, by letter dated 15 February 1977, a prolon­
                                                               gation of the authorization granted by the Decision of
                                                               23 June 1976 up to and including 31 December 1977,
Whereas by virtue of Article 133 of the Act of Acces­          and has requested a similar deferment, for national
sion and paragraph 1 of Table III of Annex VII to the          transport, in respect of Council Regulation (EEC) No
Act, the application of Council Regulation (EEC) No            1463/70 of 20 July 1970 on the introduction of
543/69 of 25 March 1969 on the harmonization of
                                                               recording equipment in road transports ;
certain social legislation relating to national transport
operations in the new Member States is postponed
until 1 January 1976 ;
                                                               Whereas the facts submitted by the Irish Government
                                                               concerning the structure of the industry, the
Whereas the Government of Ireland requested by                 economic pressures to which it is subjected, the
letter dated 17 November 1975 authorization under              adverse impact on costs which a reduction in hours
Article 135 of the Act of Accession for the taking of          resulting from the application of the Regulation
protective measures in the road transport sector, and          would have and the damaging effects which applica­
in particular for the suspension until 31 December             tion of the Regulation would bring about to communi­
1977 of the application of Regulation (EEC) No                 cations, all of which led the Commission to take its
543 /69 to national traffic ;                                  Decision , remain unchanged ;
Whereas the Commission in its Decision of 22                   Whereas Regulation (EEC) No 1463/70 applies only
December 1975 authorized Ireland to take national              to newly-registered vehicles from 1 January 1976 ;
measures with respect to national transport operations         whereas this represents only a minor additional cost to
for a period until 30 June 1976 derogating from Arti­          the industry ; whereas the gradual introduction in the
cles 6 to 12, 14 and 15 of Council Regulation ( EEC)           manner planned represents an important step in
No 543/ 69 of 25 March 1969 on the harmonization of            education as to the benefits of the tachograph and in
certain legislation relating to road transport ;               achieving user acceptability ; whereas the tachograph
                                                               introduced by Regulation (EEC) No 1463/70 is an
                                                               important advance in check-up and control on social
Whereas in the Decision of 22 December 1975 the                matters in road transport ; whereas no new arguments
Commission also laid down certain conditions as to             in this matter have been advanced since December
the maintenance of conditions at least as socially             1975 ;
favourable to transport workers as those already in
force in Ireland , as to notification of measures taken
and as to the Commission's power to review the
authorization ;                                                Whereas under these circumstances the request for
                                                               postponement in the application of Regulation ( EEC)
                                                               No 1463 /70 in national transport cannot be granted ;
Whereas the Government of Ireland requested by
letter dated 15 June 1976 for prolongation of the
authorization granted by the Decision of 22                    Whereas it is appropriate that the same conditions
December 1975 up to and including 31 December                  continue to be attached to the authorization for dero­
1977 ; whereas in its Decision of 23 June 1976 the             gation ,
 ---pagebreak--- 9 . 3 . 77                         Official Journal of the European Communities                           No L 63 /9
HAS ADOPTED THIS DECISION :                                      tions which have led to its adoption have changed
                                                                 or that its effects prove to be more extensive than
                         Article 1                               its purpose requires.'
The Decision of 22 December 1975 is modified as
                                                                                      Article 2
follows :
In Article 1 ( 1 ) the date '31 December 1977' shall be      This Decision is addressed to Ireland .
substituted for the date '28 February 1977'.
In Article 2(2) the date '1 September 1977' shall be
substituted for the date '1 November 1976'.                   Done at Brussels, 23 February 1977.
Article 3 is replaced by the following text :                                           For the Commission
     'Article 3
                                                                                            The President
     The Commission may modify or revoke the
     present Decision if it determines that the condi­                                      Roy JENKINS