CELEX: 51977PC0408
Language: en
Date: 1977-07-29
Title: AMENDMENTS TO THE PROPOSAL FOR A COUNCIL REGULATION ON THE HARMONISATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT

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