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Document 32025D1115
Council Decision (EU) 2025/1115 of 12 May 2025 on the position to be taken on behalf of the European Union within the Group of Experts on the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) and within the Working Party on Road Transport of the United Nations Economic Commission for Europe as regards a proposal to align the AETR with the main recent amendments to Regulation (EC) No 561/2006
Council Decision (EU) 2025/1115 of 12 May 2025 on the position to be taken on behalf of the European Union within the Group of Experts on the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) and within the Working Party on Road Transport of the United Nations Economic Commission for Europe as regards a proposal to align the AETR with the main recent amendments to Regulation (EC) No 561/2006
Council Decision (EU) 2025/1115 of 12 May 2025 on the position to be taken on behalf of the European Union within the Group of Experts on the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) and within the Working Party on Road Transport of the United Nations Economic Commission for Europe as regards a proposal to align the AETR with the main recent amendments to Regulation (EC) No 561/2006
ST/7695/2025/INIT
OJ L, 2025/1115, 2.6.2025, ELI: http://data.europa.eu/eli/dec/2025/1115/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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Official Journal |
EN L series |
2025/1115 |
2.6.2025 |
COUNCIL DECISION (EU) 2025/1115
of 12 May 2025
on the position to be taken on behalf of the European Union within the Group of Experts on the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) and within the Working Party on Road Transport of the United Nations Economic Commission for Europe as regards a proposal to align the AETR with the main recent amendments to Regulation (EC) No 561/2006
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) (1) entered into force on 5 January 1976. In its judgment of 31 March 1971 in Case 22/70, the Court of Justice of the European Union recognised that the Union has exclusive competence on the subject-matter covered by the AETR (2). |
(2) |
Pursuant to Article 2(3), second subparagraph, of Regulation (EC) No 561/2006 of the European Parliament and of the Council (3), the provisions of the AETR should be aligned with those of that Regulation. Regulations (EU) 2020/1054 (4) and (EU) 2024/1258 (5) of the European Parliament and of the Council amended Regulation (EC) No 561/2006. In addition, Commission Delegated Regulation (EU) 2022/1012 (6) supplemented Article 8a(2) of Regulation (EC) No 561/2006, which is one of the provisions introduced by Regulation (EU) 2020/1054. Therefore, the Union should propose to amend the AETR to reflect the amendments introduced by Regulations (EU) 2020/1054 and (EU) 2024/1258 and supplemented by Delegated Regulation (EU) 2022/1012. Those amendments cover new provisions relating to the scope of the AETR, the conditions under which it is possible to take consecutive reduced weekly rests, a ban on taking the regular weekly rest in the cabin, the rules under which the driver is to return to the employer’s establishment or to the drivers’ place of residence, the conditions under which it is possible to have rest periods on a ferry or train, other possible derogations for drivers engaged in the occasional transport of passengers, and the principle and specifications of safe and secure parking areas. |
(3) |
Pursuant to Article 21 of the AETR, proposals for amendments to the AETR may be submitted by any Contracting Party to the Secretary-General of the United Nations. Before submission to the Secretary-General of the United Nations, the proposals are generally first tabled, examined and endorsed in the Working Party on Road Transport (SC.1) of the UN Economic Commission for Europe (UNECE). A Group of Experts on the AETR has been established by UNECE in the framework of the AETR. The Group of Experts on the AETR is a body empowered to develop and submit proposals to amend the AETR to the UNECE Working Party on Road Transport. The Union, on the basis of this Decision, should propose that the Group of Experts on the AETR, during its planned 38th session in June 2025, and at subsequent sessions, and the UNECE Working Party on Road Transport, during its planned 120th session in October 2025, and at subsequent sessions, discuss amendments to the AETR relating to the improvement of working conditions for drivers engaged in international road transport which stem from the recent amendments to Regulation (EC) No 561/2006 introduced by Regulations (EU) 2020/1054 and (EU) 2024/1258 and Delegated Regulation (EU) 2022/1012. |
(4) |
It is appropriate to establish the position to be taken on the Union’s behalf within the Group of Experts on the AETR and within the Working Party on Road Transport, as the amendments to the AETR will be binding under international law in accordance with Article 21(6) of the AETR. |
(5) |
Member States should not object to a notification by the Secretary-General of the United Nations under Article 21(1) of the AETR, of proposed amendments which are contained in the Attachment to this Decision. If a notification by the Secretary-General of the United Nations is not limited to proposed amendments contained in the Attachment to this Decision, Member States should not object to those proposed amendments which are contained in the Attachment to this Decision. |
(6) |
The Union’s position in the Group of Experts on the AETR is to be expressed by the Commission, and the Union’s position in the Working Party on Road Transport is to be expressed by the Member States acting jointly in the interest of the Union, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf during the 38th session, and at subsequent sessions, of the Group of Experts on the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) and during the 120th session, and at subsequent sessions, of the Working Party on Road Transport (SC.1) of the United Nations Economic Commission for Europe (UNECE) as regards a proposal to align the AETR with the recent amendments to Regulation (EC) No 561/2006 introduced by Regulations (EU) 2020/1054 and (EU) 2024/1258 and with Delegated Regulation (EU) 2022/1012 is set out in the Attachment to this Decision.
Formal and minor changes to the position referred to in the first paragraph may be agreed without a further decision of the Council.
Article 2
The position referred to in Article 1 shall be expressed by the Commission in the Group of Experts on the AETR and by the Member States acting jointly in the interest of the Union, in the UNECE Working Party on Road Transport.
Article 3
Where any proposed amendment laid out in the Attachment to this Decision has been endorsed by the UNECE Working Party on Road Transport, the Member States acting jointly in the interest of the Union shall submit it to the Secretary-General of the United Nations, in accordance with Article 21(1) of the AETR.
Member States shall not object to a notification by the Secretary-General of the United Nations under Article 21(1) of the AETR of proposed amendments which are contained in the Attachment to this Decision.
Article 4
This Decision is addressed to the Commission and to the Member States.
Done at 12 May 2025.
For the Council
The President
B. NOWACKA
(1) OJ L 95, 8.4.1978, p. 1, ELI: http://data.europa.eu/eli/agree_internation/1977/2829/oj.
(2) Judgment of the Court of Justice of 31 March 1971, Commission v. Council (AETR), 22/70, ECLI:EU:C:1971:32, para. 30-31.
(3) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/561/oj).
(4) Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (OJ L 249, 31.7.2020, p. 1, ELI: http://data.europa.eu/eli/reg/2020/1054/oj).
(5) Regulation (EU) 2024/1258 of the European Parliament and of the Council of 24 April 2024 amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector and as regards Member States’ power to impose penalties for infringements of Regulation (EU) No 165/2014 committed in another Member State or in a third country (OJ L, 2024/1258, 2.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1258/oj).
(6) Commission Delegated Regulation (EU) 2022/1012 of 7 April 2022 supplementing Regulation (EC) No 561/2006 of the European Parliament and of the Council with regard to the establishment of standards detailing the level of service and security of safe and secure parking areas and to the procedures for their certification (OJ L 170, 28.6.2022, p. 27, ELI: http://data.europa.eu/eli/reg_del/2022/1012/oj).
ANNEX
(1) |
A new definition (ia) is added in Article 1 AETR as follows:
|
(2) |
Point (a) of Article 2(2) AETR is replaced by the following:
|
(3) |
A new point (l) is added in Article 2(2) AETR as follows:
|
(4) |
The following subparagraphs are added to Article 7(2) AETR: ‘For a driver engaged in an occasional services, the break referred to in the first paragraph may also be replaced by two breaks, of at least 15 minutes each, distributed over the driving period referred to in the first paragraph, in such a way as to comply with the provisions of the first paragraph. A driver engaged in multi-manning may take a break of 45 minutes in a vehicle driven by another driver provided that the driver taking the break is not involved in assisting the driver driving the vehicle.’ |
(5) |
The following paragraph is added after Article 8(2) AETR: ‘2a. Provided that road safety and the working conditions of the driver are not thereby jeopardised, a driver engaged in a single occasional passenger service of a duration of at least six consecutive 24-hour periods may derogate from paragraph 2, first subparagraph, by taking the daily rest period once within a maximum of 25 hours after the end of the previous daily rest period or weekly rest period, provided that the total accumulated driving time for that day has not exceeded seven hours. Under the same conditions, that derogation may be used twice in the course of a single occasional passenger service with a duration of at least eight consecutive 24-hour periods. The use of that derogation shall be without prejudice to the maximum working time under the applicable law.’ |
(6) |
The following subparagraph is added at the end of point (a) of Article 8(6) AETR: ‘By way of derogation from the first subparagraph, a driver engaged in international transport of goods may take two consecutive reduced weekly rest periods outside the Contracting Party of the employer’s establishment, provided that the driver takes at least four weekly rest periods in any four consecutive weeks, of which at least two shall be regular weekly rest periods. For the purpose of this paragraph, a driver shall be considered to be engaged in international transport where the driver starts the two consecutive reduced weekly rest periods outside the Contracting Party of the employer’s establishment and the country of the drivers’ place of residence.’ |
(7) |
Point (b) of Article 8(6) AETR is replaced by the following:
|
(8) |
Article 8(8) AETR is replaced by the following: ‘8. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation, with adequate sleeping and sanitary facilities. Any costs for accommodation outside the vehicle shall be covered by the employer.’ |
(9) |
A new paragraph (8a) is included after Article 8(8) AETR as follows: ‘8a. Transport undertakings shall organise the driver’s work in such a way that the driver is able to return to the employer’s operational centre where the driver is normally based and where the driver’s weekly rest period begins, in the Contracting Party of the employer’s establishment, or to return to the driver’s place of residence, in order to take at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for a reduced weekly rest period, within each period of four consecutive weeks. However, where the driver has taken two consecutive reduced weekly rest periods in accordance with paragraph 6(a), the transport undertaking shall organise the work of the driver in such a way that the driver is able to return before the start of the regular weekly rest period of more than 45 hours taken in compensation. The undertaking shall document how it fulfils that obligation and shall keep the documentation at its premises in order to present it at the request of control authorities.’ |
(10) |
The first two paragraphs of Article 8bis AETR are replaced by the following: ‘1. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train and takes a regular daily rest period or a reduced weekly rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest or reduced weekly rest period the driver shall have access to a sleeper cabin, bunk or couchette at their disposal. With regard to regular weekly rest periods, that derogation shall only apply to ferry or train journeys where:
2. Any time spent travelling to a location to take charge of a vehicle falling within the scope of this Agreement, or to return from that location, when the vehicle is neither at the driver’s home nor at the employer’s operational centre where the driver is normally based, shall not be counted as a rest or break unless the driver is on a ferry or train and has access to a sleeper cabin, bunk or couchette.’ |
(11) |
A new Article 8ter is added as follows: ‘Article 8ter Safe and secure parking areas 1. Based on information provided by the Contracting Parties, the Secretariat of UNECE shall ensure that information on safe and secure parking areas is easily accessible to drivers engaged in the carriage of goods and passengers by road. The Secretariat of UNECE shall publish a list of parking areas that have been certified, in order to provide drivers with adequate:
The list of such parking areas shall be made available on a single official website and shall be regularly updated. 2. The standards providing further details on the level of service and security with regard to the areas listed in paragraph 1 and concerning the procedures for the certification of parking areas are set out in Appendix 5. 3. Appendix 5 may be amended by a majority of Contracting Parties present and voting in the UNECE Working Party on Road Transport. 4. Contracting Parties are to encourage the development of parking areas for commercial road users.’ |
(12) |
Article 9 AETR is replaced by the following: ‘1. Provided that road safety is not thereby jeopardized and to enable the vehicle to reach a suitable stopping place, the driver may depart from the provisions of this Agreement to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of and reason for his departure from those provisions on the record sheet or on a printout of the control device or in his duty roster, at the latest on arrival at a suitable stopping place. 2. Provided that road safety is not thereby jeopardised, the driver may also, in exceptional circumstances, depart from the provisions in Article 6(1) and (2) and Article 8(2) by exceeding the daily and weekly driving times by up to one hour in order to reach the employer’s operational centre or the driver’s place of residence to take a weekly rest period. 3. Under the same conditions, the driver may exceed the daily and weekly driving times by up to two hours provided that an uninterrupted break of 30 minutes is taken immediately before the additional driving time needed to reach the employer’s operational centre or the driver’s place of residence to take a regular weekly rest period. 4. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment, or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the destination or at a suitable stopping place. 5. Any period of extension shall be compensated by an equivalent period of rest taken en bloc with any rest period, by the end of the third week following the week in question.’ |
(13) |
A new Appendix 5 is added to the AETR as follows: ‘Appendix 5
Section A – Minimum level of service
Section B – Levels of security
Bronze level
Silver level
Gold level
Platinum level
Section C – Certification standards and procedures (i) Certification bodies and training of auditors
(ii) Procedures on certification audits, unannounced audits and revocation of the safe and secure parking certificate
(iii) Requirements to fulfil after the audit by the certification bodies and provision of information
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ELI: http://data.europa.eu/eli/dec/2025/1115/oj
ISSN 1977-0677 (electronic edition)