CELEX: 51979PC0301
Language: en
Date: 1979-06-06 00:00:00
Title: Recommendation for a COUNCIL DECISION authorizing the Commission to participate in the sixty-fifth International Labour Conference on the negotiations for the revision of ILO Convention No 67 on hours of work and rest periods in road transport (presented by the Commission to the Council)

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COM (79) 301
Vol. 1979/0115
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM ( 79 ) 301 final
                                                 Brussels - 6 June 1979
                            Recommendation for a
                              COUNCIL DECISION
 authorizing the Commission to participate in the sixty-fifth International
 Labour Conference on the negotiations for the revision of ILO Convention
          No 67 on hours of work and rest periods in road transport
            ( presented by the Commission to the Council )
                                              <       A
 COM ( 79) 301 final            fel      r "c
 ---pagebreak---       JUSTIFICATION
      The provisions of the draft Convention denoted to the revision of ILO Con­
      vention n° 67 on hours of work and rest periods in road transport cover the
      same subjects as those governed at Community level by the Council Decision
      of 13 Kay 1965 on the harmonisation of certain provisions affecting compe­
      tition in transport by road, rail and inland waterways(l ) ; some of these
      provisions 'are similar to those provided for in Council Regulation (EEC )
      n° 543/69 ( 2 ), whilst others are covered in the proposal for a Counoil
      Regulation (EEC ) on the harmonisation of certain social legislation relating
      to road transport,' forwarded to the Council "by the Commission on 9 March 1976
        3 ).
      In addition to that explicitly specified in the Treaty, the Community competence
      to conclude agreements does not only result from a provision in the Treaty
      ( as in the case of art , 113 and 239 ) but cain also result implicitly from other
      provisions of the Treaty aftd secondary legislation.      In particular , Member
      States may no langer conclude international commitments in all cases where
      common rules of secondary legislation have been adopted for the execution of
      a policy provided for in the Treaties (4 )
( 1 ) O.J. 1J° 88 , 24.5.1965
( 2 ) Council Regulation (EEC ) N° 543 of 25 March 1969 on the harmonisation of
      certain social legislation relating to road transport ( OJ N° L 77f 29.3 . 69 »
      amended "by :
      - Council Regulation (EEC ) n° 514/72 of 28,2.1972, ( OJ N° L 67 , 20.3.1972 )
      - Council Regulation ( EEC ) n° 515 /72 of 28.2.1972 , ( OJ    L 67, 20.3.1972 )
      - Council Regulation ( EEC ) n° 2827/77 of 12.12.1977, ( OJ N° L 334 f 24.12.1977 )
      - Council Regulation (EEC ; n° 2829/77 of 12.12.1977 on the "bringing into
          force of the European Agreement concerning the work of crews of vehicles
          engaged in international road transport (AETR) (OJ N° L 334f 24.12.1977 )
(3 ) OJ N° C 103 , 6.5.1976
(4) Judgement Commission against the Council of 31 March 1971? Case 22/70,
      Casebook 1971 » p. 263 , et al (EART )
 ---pagebreak--- Wherever the Community has an external competence , it is up to the Commission
tinder art . 228 to negotiate international agreements and for the Council to
conclude the agreements . It must act in the framework of directives which the
Council may give , and give in a precise way. The Council is carrying out
its power to authorise negotiations or give directives for the conduct of
such negotiations , must act on a Recommendation or proposal from the
Commission.
The I-Iember States are closely associated with the negotiations , particular­
ly through a special Committee .
The negotiating mandate for the Commission requested in this proposal does
not prejudge the ratification "by the Member States of the Convention which
might result from the 65th session of the International Labour Conference .
 ---pagebreak---                                           Recommendation
                         for a Council Decision authorising the Commission
              to participate in the 65th International Labour Conference
               in the negotiations for the revision of ILO Convention No-
               67 on hours of work and rest periods in road transport .
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community,
 Having regard to the recommendation from the Commission ;
 Whereas the revision of ILO Convention No 67 on hours of work and rest
 periods in road transport will be one of the matters discussed at the
 65th session of the International Labour Conference ;
 Whereas the provisions of the draft Convention cover the same subjects
 as those governed &t> Community level by the Decision 65 / 27/ EEC of 13 May 1965
 the harmonization of certain provisions affecting competion in transport
by rail , road and inland waterway         whereas certain of these provisions are
 similar to those provided for in Council Regulation (EEC ) No 543/69
 whilst others are covered by the proposal for a Council Regulation (EEC )
 on the harmonization of certain social legislation relating to road transport
        forwarded to the Council by the Commission on 9 March 1976 .
1 - OJ No aa , 24.5 . 1965 , p. 500/ 65 ;
    Council Regulation (EEC ) No 543 of 25 March 1969 on the harmonization
    of certain social legislation relating to road transport (OJ No L 77
    29*3.69 , as amended by
    - Council Regulation (EEC ) No 514/72 of 28 February 1972
      (OJ No L 67 , 20.3.1972 )
    - Council Regulation (EEC ) No 515/72 of 28 February 1972
      (OJ No L 67 , 20.3.1972 )
    - Council Regulation (EES ) N o 2827/77 of 12 December 1977
      (OJ No L 334 , 24.12.1977 )
    - Council Regulation (EEC ) NO 2829/77 of 12 December 1977 on the bring­
      ing into force of the European Agreement concerning the work of crews
      of vehicles engaged in international road transport (AETR).
      (OJ No L 334 , 24.12.1977 ) ;
 3 OJ No C 103 , 6.5.1976 , p. 2.
 ---pagebreak--- WHEREAS in view of its powers in the subjects covered by ILO Convention
No 67 on hours of work and rest periods in road transport it is import­
ant for the European Economic Community to participate in the negotiations
alongside its Member States with a view to revising the said agreement .
HAS DECIDED AS FOLLOWS
                               Sole Article
The Commission is hereby authorized to participate in the negotiations
concerning the revision of ILO Convention No 67 on hours of work and
rest periods in road transport with a view to enabling the European
Economic Community to become a contracting party to this Convention .
It shall carry out these negotiations with the assistance of a special
committee composed of representatives of the Member States , and in
accordance with the attached directives and any subsequently given to it .
Done at Brussels ,             1979
                                                  For the Counci 1
 ---pagebreak---                           I
                                         -3-
   Directives from "the Council to "the Commission
A. The Commission, while taking full account of the specific problems related
    to the Tripartite system applied to International Labour Conferences , will
    endeavour to ensure that the draft revision of Convention No 67 of the ILO
    on hours of work and rest periods in road transport , to be nego­
    tiated during the o5"th session of the International Labour Conference ,
    is compatible with the measures already undertaken by the Community, in
    particular by Council Regulation (EEC ) No 543/^9 of "the 25 March 1969
    and Council Regulation (EEC ) No 2827/77 of 12 December 1977/ concerning
    the harm onisat ion of certain social legislation relating to road
    transport .
    The draft revised Convention must contain provision for the European
   Economic Community to become eventually a contracting party .    The provisions
   to be laid down to this end     will take account of the specific character
    of the conventions adopted by International Labour Conferences .
B. The annex to this document is a first working paper "for the Commission 's
   negotiations .
 ---pagebreak---                                                    /
                                                                AffiJEX
             Working document for Commission negotiations concerning
             the revision of ILO Convention no . 67
             on hours of work and rest periods in road transport
             ( item on the agenda of the 65th session of the Internatio­
             nal Labour Conference in Geneva from 6 to 27 June 1979 )
    In this document the Commission presents proposals and comments on
    the draft convention and recommendations concerning hours of work and rest
  periods in road transport on the Agenda of the 65 "th Session of the Inter­
  national Labour Conference (ILO - Geneva, 6 to 27 June 1979 ) in connection
  with the revision of ILO Convention no 67 concerning hours of work and rest
  periods in road transport .
A. Proposed convention concerning hours of work and rest periods in road
     trancnort
     Article 1
     Paragraph 1 to read as follows :
     This Convention applies to the work of drivers' mates , attendants ,
     conductors and other wage-earners employed on motor vehicles engaged
  1                           ** "
      in .......   '
     Paragraph 2 to read as follows :
     This Convention also applies to the work in road transport of owners
     of vehicles and non-wage-earning members of their families working as
     drivers , drivers' mates , attendants , conductors or in any other capa­
     city in road transport *
       Article 2                             .   .
                                               !
     1 (a ) s delete
     1 («) to read as follows ;
     transport for the purpose' of national defence , police services and
     fire-fighting services and, insofar as it is not in competition with
     that effected by tindertakings engaged in transport for third parties ,
     transport for the purpose of other essential publio authority services .
        ( f) to read :
     transport by taxi
 ---pagebreak---                                        - 2 -
       ( g) delete .
This provision is too vague and could usefully "be replaced "by the following
subparagraphs :
 ( g) transport of goods where the authorized maximum wei^vfc of the vehiole
       is 3.5 tonnes ;
 (h ) transport of circus and entertainment equipments :
 ( i ) transport in connection with specialized breakdown services ;
 ( j ) transport of passengers by vehicles designed and fitted to carry up
       to 15 passengers including the driver ;
 (k) transport of live animals from agricultural undertakings to local
       markets and vice-versa , and the transport of carcases or waste
       not for human consumption from slaughterhouses .
Article 4                                    1
Paragraph 2 - delete
Retention of this provision would have the effect of raising the ma-H mum
period of continuous driving from 4 to 5 houris •
Paragraph 3 (becomes para . 2 ) should read :                  *        •
The minimum length of the break referred to in this Article is fixed at
30 minutes
(Regulation (EEC ) No 543/69, Article 8 ). As appropriate, the way in whioh
the break may be split shall be determined by the competent authority
or body in each country.
Paragraph 4 - delete
                            ii •
In that this provision goes beyond the notion of the split in the break
referred to in paragraph 3 (new paragraph 2 ) it opens the way for abuse .
Article 5
Paragraph 1      to read as follows :
The maximum total driving time shall exceed neither ei^Lt hours per day
nor 46 hours per week . The maximum driving time may be extended to nine
hour3 twice a week (Regulation (EEC ) No 543/69 » Article 7 (2 ) (3 ))»
Paragraph 2 - delete
Retention of this provision would have the effect of cancelling the pro­
visions under 1 »
Paragraph 3 becomes paragraph s .
 ---pagebreak---                                     - 3 -
Article 6
 to read as follows :
Paragraph 1 - No driver working as a paid employee shall work for a continu­
ous period of more than four hours without a "break.
Paragraph 2 - The minimum length of the "break referred to in paragraph 1
of this Article is fixed at thirty minutes . Where appropriate , the way in
which the "break may "be split shall "be determined "by the competent autho­
rity or "body in each country.
Paragraph 3 - For the purposes of this Convention, the tenn "work"
shall "be taken to mean "being at the employer's disposal at the place of
work .
Article 7
No comment . But it should be mentioned that .the provisions of thi3 Article
are more favourable for crew members than the provisions of Article 11 (3)
and (4 ) of Regulation (PTFT. ) 543/69 relating to crews consisting of two
drivers .
Article 8
A distinction should be made between the events dealt with in Article 13 a
of Regulation (EEC ) n# 543/69 and the urgent cases where there is an excep–
                                                                    »     «
tional need to ensure the operations of public utility services . This
Article could therefore be worded as follows :
1 . In urgent cases where there is an exceptional need to ensure the opera­
    tion of public utility services, the competent authority or body in
    each country may permit as temporary exceptions but only insofar as
    may be necessary for the performance of indispens ble work, extensions
    of driving time , extensions of continuous working time , and reductions
    in the duration of the daily rest periods provided for in Articles 4 »
    5 , 6 and 7 of this Convention .
                      1                        «
2 . Provided it does not jeopardize the safety of traffic , the driver may
   disregard Articles 4» 5 » 6 and 7 of this Convention to provide assistance
    in the case of danger, force majeure , or following a breakdown, to the
   extent necessary to ensure the safety of        persons , the vehicle or its
    load and to enable him to reach an appropriate stop, or depending on the
    circumstances , the end of the journey. The driver should mention the type
    and reason for the derogation in the individual control book or record
    it on the control equipment .
 ---pagebreak---       3, Th« competent authority or body in each country shall lay down a
          procedure for notification of the hours of overtime worked in accoj>-
          dance with paragraphs 1 and 2 .
                       ι .
  B. Proponed recommendation concerning hours of work and rest periods in
      road transport
  1 . (a ) To read " drivers";
      (b ) Delete the words " in a professional capacity*' .
  2 . On the third line delete the words "in a professional capacity"
  3 . Include the list proposed in this document under Article 2 (l ) of the
      proposed Convention
  5 + 6 . T ° read :
      For the purposes of this recommendation, the texm "hours of work"
      relates to all times when paid employees are at the employer' s dis­
      posal at the place of work and} with' respect to vehicle owners and
      non-employed         family members , it includes the time worked in con­
      nection with driving, other work while the vehicle is on the road or
      subsidiary work done in connection with the transport vehicle , its pas­
      sengers or its load.
  C ommorvt :
  A clear definition corresponding to the one in force for most workers is
  essential . The flexibility that may prove necessary, to take account of
  the hi      proportion of periods of attendance or stand-by at the place of
  work, should be covered by a system of exceptions .
                               \* •             .                            [
( IV) Normal hours of work
  It is essential to introduce this section by giving a definition of the
  concept of "normal" hours of work. The following text is proposed : "Nor­
  mal hours of work means the period worked which is not covered by a dero­
  gation granted by the competent authority from a special agreement con­
  cluded between workers and employers or provisions or from agreements
  relating to overtime".
  ^Thi3 text forms the basis of comparative studies on working time, rest
    periods and earnings in maritime transport , civil aviation and ports
    which were decided by the Commission on 17 November 1977 and are in
    progress .
 ---pagebreak---                                          5
 7 . To read as follows :
     "Normal hours of work should not exceed a standard of between 40 and
     and 48 hours per week".
10 . To read as follows :
     Normal hours of work should not exceed 8 hours per day.
     C crori crvfc
     N.B. Any hours worked in excess of the normal hours , even those which
     would automatically he offset "by the rule requiring observance of the
     normal hours of work as an average , should "be included in the system
     of exceptions and overtime .
11 . To read as follows :                                                                                 |
                                                                                                         I
      (l ) No worker should work continuously for more than a maximum of                                j
     four hours without a "break .                                                                      i
     (2 ) The minimum duration of the "break referred to . in sub-paragraph (l ) shall
     be thirty minutes. The way it is split should "be determined "by the                             j
     competent authority or "body in each country.                                                  j
                                                                                                    I
14 . (2 ) Delete - see proposed Convention .                                      .    . j
     ( 3 ) To read as follows :                                 -
     The minimum duration of the "break referred to in this paragraph shall be
     thirty minutes . Where appropriate , the way it is split should be ;
     determined "by the competent authority or "body in each country.
      (4 ) Dolete - see proposed Convention, Artide 4 (4 )»                                       i
15 * Should read :             neither ei^vt hours per day nor 46 hours per
     week .                                                           _                         i
16 . Delete - see proposed Convention, Artide 5 (2 )*
22 . (1)           should "be 29 consecutive hours .....                                      j
      ( 2 ) New – to read :
     The break referred to in paragraph 1 may be reduced to as little as
     24 consecutive hours provided a rest period equivalent to the
     reduction is granted in the same week to the crew member concerned.
25 . Repeat the wording in Article 8 of the proposed Convention .
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