CELEX: 31976D0210
Language: en
Date: 1975-12-23 00:00:00
Title: Commission Decision of 23 December 1975 authorizing the Kingdom of Denmark 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 41 / 16                       Official Journal of the European Communities                              17. 2. 76
                                             COMMISSION DECISION
                                                of 23 December 1975
               authorizing the Kingdom of Denmark 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
                                           (Only the Danish text is authentic)
                                                     (76/21 0/EEC)
THE COMMISSION OF THE EUROPEAN                                 Whereas further time is required to allow employers
COMMUNITIES,                                                   and employees to adjust their terms and conditions of
                                                               employment to the situation which application of the
Having regard to the Act concerning the conditions of          Regulation would bring about ;
accession and the adjustments to the Treaties, and in
particular Article 135 thereof,                                Whereas a further period of time is required for educa­
Whereas, by virtue of Article 133 of the Act of Acces­         tion and persuasion of the industry to achieve gradual
                                                               acceptance of the measures ;
sion and paragraph 1 of Table III of Annex VII to the
Act, the application of Council Regulation (EEC) No
543/69 of 25 March 1969 on the harmonization of                Whereas these difficulties faced by the Danish road
certain social legislation relating to national transport      transport industry are of such a nature as to render
operations in the new Member States is postponed               insufficient the period between accession and applica­
until 1 January 1976 ;                                         tion of Regulation (EEC) No 543/69 provided for in
                                                               the Act of Accession ; whereas a further period of six
Whereas the Government of the Kingdom of                       months will give the Kingdom of Denmark the oppor­
Denmark has requested by letter dated 19 December              tunity to continue to rectify the situation and adjust
1975 authorization under Article 135 of the Act of             the sector concerned to the economy of the common
Accession for the taking of protective measures in the         market ; whereas a derogation from Articles 6 to 12,
road transport sector, and in particular for the suspen­       14 and 15 is sufficient to achieve the objectives of
sion until 31 December 1977 of the application of              Article 1 35 of the Act of Accession ;
Regulation (EEC) No 543/69 to national traffic ;
                                                               Whereas an authorization for a temporary derogation
Whereas the road transport industry in the Kingdom             should not lead to any lowering of the existing social
of Denmark is made up largely of very small enter­             conditions enjoyed by road transport workers ;
prises, many of them owner-drivers ;
                                                               Whereas the Kingdom of Denmark should report on
Whereas, according to existing information, the
                                                               the development of the situation in the sector
freight industry in the Kingdom of Denmark is                  concerned in order to enable the Commission to
suffering, under the effects of the current recession,         review its Decision,
severe economic difficulties ;
Whereas geographic conditions in Denmark are such
that ferry boats are used to a large extent in national
transport, which means that in some cases it is diffi­         HAS ADOPTED THIS DECISION :
cult to fulfil the requirements of Regulation (EEC) No
543/69 ;
                                                                                       Article 1
Whereas the application of Regulation (EEC) No
543/69 would add to the serious and persistent diffi­
culties in the road transport industry ; whereas in the         1 . The Kingdom of Denmark is authorized to take
present bad economic situation the burden of addi­             national measures with respect to national transport
tional costs on the road transport industry in the             operations for a period until 30 June 1976 derogating
Kingdom of Denmark is now relatively larger than               from Articles 6 to 12, 14 and 15 of Council Regula­
was the case in the six original Member States when            tion (EEC) No 543/69 of 25 March 1969 on the
Regulation (EEC) No 543/69 entered into force under            harmonization of certain social legislation relating to
more favourable conditions ;                                   road transport.
Whereas the transport industry in the Kingdom of               2.    These national measures shall be at least as
Denmark is already characterized by high and                   favourable to transport workers as the existing
increasing unemployment ;                                      national legislation, but may include measures which
 ---pagebreak--- 17. 2. 76                         Official Journal of the European Communities                        No L 41 / 17
progressively implement the rules contained in Regu­        2. Without prejudice to the review provided for in
lation (EEC) No 543/69.                                     the preceding paragraph, the Commission may
                                                            modify or revoke the present Decision if it determines
                       Article 2                            that the conditions which have led to its adoption
                                                            have changed or that its effects prove to be more
1 . The Kingdom of Denmark shall notify the                 extensive than its purpose requires.
Commission immediately of the measures taken in
application of Article 1 .                                                       , Article 4
2. The Kingdom of Denmark shall inform the                  This Decision is addressed to the Kingdom of
Commission of the development of the situation in           Denmark.
the sector concerned and shall forward to the Commis­
sion before 1 April 1976 a statement of the measures
which are being taken to implement Regulation (EEC)         Done at Brussels, 23 December 1975.
No 543/69 .
                                                                                     For the Commission
                       Article 3
                                                                                       A. BORSCHETTE
1.    The Commission shall review this Decision not
later than 30 April 1976.                                                        Member of the Commission