Council Regulation (EEC) No 2829/77 of 12 December 1977 on the bringing into force of the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR)

COUNCIL REGULATION (EEC) No 2829/77  of 12 December 1977  on the bringing into force of the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR)
THE COUNCIL OF 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 (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR) of 1 July 1970 was open at Geneva until 31 March 1971 for signature and after that date for accession by Member States of the Economic Commission for Europe ; whereas, after the deposit of the eighth instrument of ratification, the Agreement entered into force on 5 January 1976;
Whereas the AETR Agreement lays down rules governing specific conditions of work in international road transport between the Contracting States which are fundamental to the social protection of the crews of vehicles and to road safety ; whereas the Agreement is thus an instrument for creating uniform working conditions favouring social progress and improved safety in road transport between European countries ; whereas it covers the same fields as Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (3), as last amended by Regulation (EEC) No 2827/77 (4), and thus constitutes a useful supplement to the internal Community rules ; whereas the Agreement should therefore enter into force in all Member States as soon as possible;
Whereas the AETR Agreement should be brought into force in such a way as to ensure that its provisions apply uniformly from 1 January 1978 at the latest throughout the Community to the crews of all vehicles which effect international carriage operations between Member States and third countries which are Contracting Parties ; whereas the provisions of the Agreement should also as far as possible be applied to transport operations with third countries which are not Contracting Parties ; whereas Article 2 of Regulation (EEC) No 543/69 must be amended accordingly;
Whereas, since the subject matter of the AETR Agreement falls within the scope of Regulation (EEC) No 543/69, from the date of entry into force of that Regulation the power to negotiate and conclude the Agreement has lain with the Community ; whereas, however, the particular circumstances in which the AETR negotiations took place warrant, by way of exception, a procedure whereby the Member States of the Community individually deposit the instruments of ratification or accession in a concerted action but nonetheless act in the interest and on behalf of the Community;
Whereas, in order to ensure the supremacy of Community law in intra-Community transport, Member States should enter a reservation when depositing their instruments of ratification or accession whereby international transport operations between Member States are not to be regarded as international transport operations within the meaning of the Agreement;
Whereas the possibilities provided for in the Agreement itself for bilateral agreements between Contracting Parties derogating from the said Agreement as regards frontier zone and transit transport operations are a matter which in principle fall within the competence of the Community;
Whereas, if an amendment to the internal Community rules in the field in question necessitates a corresponding amendment to the Agreement, the Member States will act jointly to obtain such an amendment to the Agreement in accordance with the procedure laid down therein,