CELEX: 51975PC0183
Language: en
Date: 1975-04-28
Title: PROPOSAL FOR A REGULATION OF THE COUNCIL on the action to be taken to bring into force the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 183
Vol. 1975/0068
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 ---pagebreak---                        *
. COMMISSION OF THE EUHOPEAN COMMUMTE3S
f                                                                       -
                                                           COM(75)183 final
                                                           Brussels , 28 April 1975
                                   PROPOSAL FOR A
                             REGULATION OP THE COUNCIL
       on the action to be taken to bring into force the European Agreement
                                   concerning the
     Work of Crews of Vehicles engaged in International Road Transport (AETR)
                    (submitted to the Council by the Commission)
     COM(75 ) 183 final
  0
 ---pagebreak---                                  Explanatory Memorandum
1 . The European Agreement concerning the Work of Crews of Vehicles engaged,
     in International Road Transport ( AETR) done at Geneva on 1 July 1970
     was open until 31 March 1971 f° r signature and after that date for
     accession, particularly by Member States of the Economic Commission
     for Europe (ECE ). The Agreement stipulates that it is to enter into
     force on the lSO^*1 day following deposit of the eighth instrument of
     ratification or of accession with the Secretary-General of the United
     Nations .  Six countries     which are not members of the EEC have now
     deposited instruments of ratification or of accession.    The entry into
     force , ISO days later , of the AETR thus requires only the deposit of
     instruments of ratification by Member States of the Community .
2 . The Community has always expressed great interest in seeing the AETR
     enter into force , since it considers this to be a prerequisite for
     the establishment of uniform social provisions whose geographical
     field of- application extends beyond the territory of the Community.
     The Agreement will be of distinct value in improving road safety and
     promoting social progress ; it will also enable the operation of
     Community social legislation relating to road transport to be more
     effectively supervised where transport to and from third countries
     is involved . This point was also made in the Council Recommendation
     of 23 September 1974 which requested the Member States , before 1
     January 19 75 1 to take the measures necessary to enable the AETR to
     enter into force immediately with the participation of all the Member
     States of the Community . This recommendation has unfortunately not
     had the desired effect , certain Member States not having followed it
     up so that the simultaneous deposition by all Member States of their
     instruments of ratification or adhesion has always been held up .
                                                                            /
                                                                      • • •/ • • •
( 1 ) Spain, Portugal , Norwaj> Sweden, Greece , Yugoslavia
( 2 ) Regulation (EEC ) No 543/69 of 25 March I969 ( OJ No L 77 of 29 March I969 ),
      as amended by Regulations (EEC ) Nos 514/ 72 and 515/72 of 28 February
      1972 (OJ No L 67 of 20 March 1972 )
 ---pagebreak---                                       – 2 –
3 * As far as the application of AE'Pl to. cre.ws ftom third countries is
    concerned, it is sufficient that Article 2 of Regulation (EEC )
    No 543/69 te modified by fixing the date of the efttry into force
    of AETR for the Community. An autonomous application of this          ■
    nature will give the advantage of effectively assuming the unifor­
    mity of the law applicable throughout the Community by application
    of AETR in all Member States in respect of vehicles from third
    countries which are parties to this agreement . 1 January 1976
    appears to be an appropriate date for the entry into force of AETR
    for the Community,                                           '
4 * In the meantime , the Community must take the measures necessaiy in
    view of the application of AETR to the nationals of Member States'
    on the territory of third countries which are parties to the Agreement .
    Since the matters covered by the Agreement come within the scope- of .
    Community rules relating to social harmonisation in road transport ,
    the procedure provided for in Article 228 ought therefore in principle
    to be applied as far as the Community is concerned ; however , the '
    particular circumstances of the negotiations of this Agreement , which ,
    the Court of Justice has referred to in its judgement of; 31 Maroh 1971
    in the 22/70 case, may exceptionally, justify the application of an ,
    ad hoc prooedure , such a procedure ought to provide for the concerted
    deposit of instruments of ratification or- of adhesion .of Member States
    acting together "in the interest and on behalf of the Community •' ( l). .
    The national procedures of the Member States necessary for this ought
    to be' completed within time limits permitting point depositions around
    1 July 1975 » thus the time limit of 180 days provided for by AETR
    Would be in line with the date fixed by the Community Regulation for
    its application to the nationals of third countries . The community
    nature 'of this concerted action will be expressed by the deposition
    of the instruments of Member States by a single person authorized to
     • u * ■ . . •
    represent them , namely the -representative of the Member State holding
    the Presidency of the Council.    ,   ■      . .. ...
( l) Judgement of the Court of Justice of the European Communities
     in Case 22/70, point 90 of the Grounds of Judgement (1971 Report)
 ---pagebreak---                                  Proposal for a
                              REGULATIOIT OP THE COUJJCIL
    on the action to be taken to bring into force the European Agreement 1   •
   concerning the Work of Crews of Vehicles engaged in International Road
                                Transport (AETR )
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard, to the Treaty establishing the European Economic Community .
and in particular Article 75 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economic and Social Committee ;
Whereas the European Agreement concerning the Work of Crews of Vehicles
engaged in International Road Transport (AETR) done at Geneva on 1 July 1970
was open until 31 March 1971 f°r signature and after that date for accession
by Member States of the Economic Commission for Europe ; whereas that Agree­
ment is to enter into force one hundred and eighty days after the deposit
of the eighth instrument of ratification or accession with the Secretary-
General of the United Nations Organization ;              -
Whereas only through the entry into , force of the AETR can uniform rules be
instituted in the social sphere which will improve road safety and promote
social progress in the field of road transport in as many European countries
as possible ; whereas the entry into force of the AETR will also make the
operation of Council Regulation (EEC ) No 543/69 of 25 March 1969 , as amended
by Council Regulations (EEC ) Nos 514/72 -and 515/72 of 28 February 1972 (*)
more effeotive in respect of transport operations to and from third countries
whereas the Community should therefore make an active effort to enable the
Agreement to enter into force ;
Whereas it would be right to this effect to make the operation of AETR in
an autonomous way in order to assure the uniform application in the whole of
the Community to vehicles registered in a third country which is party to
the Agreement from 1 January 1976 i whereas the subject matter of AETR comes
within the scope of Regulation (EEC ) No 543/69 » whereas the Council is
accordingly competent' "to conclude that Agreement on behalf of the Community ;
 (*) J.O. Nos L 77 of 29.3.1969 , p. 49 ; L 67 of 20.3.1972 . ;p. 1 and 11
 ---pagebreak--- whereas , however , the particular circumstances in which the AETR negocia-
tions took place f to which the Court of Justice drew attention in ita
judgment of 31 March 1971 in Case 22/70 , warrant that , exceptionally, the
Member States of the Community, acting jointly in the interest and on
behalf of the Community, effect the simultaneous entry into force of the
AETR in respect of the whole Community so that uniformity of the law
applicable in this matter may be assured ; whereas such simultaneity re­
quires the joint deposit of the instruments of ratification or accession
of the Member States on the basis of conceited action the ends of which
must now be specified j             •
HAS DECIDEL AS FOLLOWS î
                                   Article 1
        The text of the second paragraph of Article 2 of Regulation (EEC )
No 543/69 is modified as follows :
"However, from 1 January 1976 the provisions of the European Agreement on
the Work of Crews of Vehioles Carrying out International Road Transport
(AETR) applies to international road transport coming from or going to
third countries who are parties to the Agreement , when carried out in
vehicles registered in a third counti-y which is also a party to the
Agreement"#
                                   Article 2
( 1) Member States shall proceed to ratify AETR or adhere to this Agreement
      before 15 June 1975 *
( 2 ) They shall send their instruments of ratification or adhesion to the
    - Secretariat of the Council immediately after the completion of the
      national procedure for ratification or adhesion.
( 3) The instruments of ratification of AETR or adhesion to this Agreement
      of Member States will be deposited jointly with the Secretary General
      of the United Nations Organisation by the representative of the. Member
      State which ha3 the Presidency of "the Council , acting on behalf of the
      Community, at a date as close as possible to 4 July 1975 *
 ---pagebreak---                                   - 5 -
      This Regulation shall be binding in its entirety and directly
applicable in all Member States ,
                                          Done at Brus sels ,
                                          For the Counoil