31978A0542

COMMISSION OPINION of 8 June 1978 addressed to the Danish Government on the implementing provisions for Council Regulation (EEC) No 543/69 on the harmonization of certain social legislation relating to road transport (78/542/EEC)

1. Under cover of a letter dated 16 May 1977 from the office of the Danish Permanent Representative to the European Communities, the Danish Government forwarded to the Commission a model declaration form drawn up by the two sides of the transport industry to replace the individual control book for drivers of vehicles involved in internal goods transport within a radius of 50 kilometres pending the compulsory installation of the recording equipment referred to in Regulation (EEC) No 1463/70 (1). The Commission is hereby consulted on this model declaration pursuant to the second indent of Article 14a (b) of Regulation (EEC) No 543/69 (2).

2. The Commission notes that the model declaration can, in principle, replace the individual control book for internal goods transport operations carried out within a radius of 50 kilometres pending the compulsory installation of recording equipment pursuant to Regulation (EEC) No 1463/70. This installation has been compulsory since 1 January 1976 for vehicles registered after that date and will be compulsory from 1 July 1979 for vehicles registered before 1 January 1976.

The system of control which is intended to replace the individual control book consists of a formal declaration form containing not only information about the undertaking and vehicle but also various headings giving details of the work carried out by drivers, breaks and distances covered.

3. The Commission does not consider that the fact that this declaration has been agreed upon by the two sides of the transport industry is sufficient guarantee of compliance with the provisions of Regulation (EEC) No 543/69. The Commission expects that the Danish government will make the necessary provisions in order to give an official character to this agreement.

As the Danish Government's application does not mention how the information given on the declaration forms will be checked or what sanctions will be applied in the event of abuse, the Commission requests the Danish Government to introduce legislation formally recognizing such control measures or, if such legislation proves unnecessary, to inform the Commission of the methods of control and sanctions introduced.

Done at Brussels, 8 June 1978.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No L 164, 27.7.1970, p. 1. (2) OJ No L 77, 29.3.1969, p. 49.