31972R0514

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( 1 ) OJ NO L 77 , 29 . 3 . 1969 , P . 49 .

REGULATION ( EEC ) NO 514/72 OF THE COUNCIL OF 28 FEBRUARY 1972 AMENDING REGULATION ( EEC ) NO 543/69 ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT

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 ;

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;

WHEREAS , PURSUANT TO ARTICLE 2 OF COUNCIL REGULATION ( EEC ) NO 543/69 OF 25 MARCH 1969 ( 1 ) ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT , THAT REGULATION HAS APPLIED SINCE 1 OCTOBER 1970 TO ALL CARRIAGE BY ROAD EFFECTED WITHIN THE COMMUNITY BY VEHICLES REGISTERED IN A MEMBER STATE OR IN A THIRD COUNTRY ; WHEREAS THAT ARTICLE IN ITS PRESENT FORM IS INCOMPATIBLE WITH THE IMPLEMENTATION WITHIN THE COMMUNITY OF THE EUROPEAN AGREEMENT CONCERNING THE WORK OF CREWS OF VEHICLES ENGAGED IN INTERNATIONAL ROAD TRANSPORT ( AETR ) , DONE AT GENEVA ON 1 JULY 1970 UNDER THE AUSPICES OF THE ECONOMIC COMMISSION FOR EUROPE , AS REGARDS CARRIAGE FROM OR TO A THIRD COUNTRY BY ANY VEHICLE REGISTERED IN A THIRD COUNTRY WHICH IS A PARTY TO THAT AGREEMENT ; WHEREAS , IN ORDER TO PERMIT THE AGREEMENT TO BE CONCLUDED , IT IS THEREFORE NECESSARY TO AMEND ARTICLE 2 OF THE AFOREMENTIONED REGULATION ;

WHEREAS , FURTHERMORE , THERE ARE CERTAIN DISPARITIES BETWEEN THE RULES LAID DOWN BY REGULATION ( EEC ) NO 543/69 AND THOSE CONTAINED IN THE ABOVEMENTIONED AGREEMENT ; WHEREAS THE AMENDMENT OF CERTAIN PROVISIONS OF THAT REGULATION CONCERNING WEEKLY REST PERIODS , DAILY DRIVING PERIODS , AND THE USE OF THE INDIVIDUAL CONTROL BOOK WILL BE SUFFICIENT TO OBVIATE THE DIFFICULTIES ARISING FROM THOSE DISPARITIES ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 2 OF REGULATION ( EEC ) NO 543/69 :

" HOWEVER , WITH EFFECT FROM THE ENTRY INTO FORCE OF THE EUROPEAN AGREEMENT CONCERNING THE WORK OF CREWS OF VEHICLES ENGAGED IN INTERNATIONAL ROAD TRANSPORT ( AETR ) , ANY INTERNATIONAL ROAD TRANSPORT OPERATION FROM OR TO A THIRD COUNTRY PARTY TO THAT AGREEMENT SHALL , IF CARRIED OUT BY MEANS OF VEHICLES REGISTERED IN ANY SUCH THIRD COUNTRY , BE GOVERNED BY THE PROVISIONS OF THE AFORESAID AGREEMENT . "

ARTICLE 2

THE FOLLOWING SHALL BE ADDED TO ARTICLE 12 OF REGULATION ( EEC ) NO 543/69 :

" HOWEVER , DURING THE PERIOD BETWEEN 1 APRIL AND 30 SEPTEMBER , THE WEEKLY REST PERIOD REFERRED TO IN THE PRECEDING PARAGRAPH MAY BE REPLACED , FOR CREW MEMBERS OF VEHICLES USED FOR THE INTERNATIONAL ROAD TRANSPORT OF PASSENGERS , BY A REST PERIOD OF NOT LESS THAN SIXTY CONSECUTIVE HOURS TO BE TAKEN IN FULL BEFORE THE EXPIRY OF A PERIOD NOT EXCEEDING FOURTEEN CONSECUTIVE DAYS . THIS REST PERIOD MUST BE IMMEDIATELY PRECEDED OR FOLLOWED BY A DAILY REST PERIOD CONFORMING TO THE PROVISIONS OF ARTICLE 11 .

THE PRECEDING PARAGRAPH SHALL NOT APPLY TO CREW MEMBERS OF VEHICLES ASSIGNED TO REGULAR PASSENGER SERVICES . "

ARTICLE 3

THE FOLLOWING ARTICLE SHALL BE INSERTED AFTER ARTICLE 13 OF REGULATION ( EEC ) NO 543/69 :

" ARTICLE 13A

PROVIDED THAT ROAD SAFETY IS NOT THEREBY JEOPARDIZED , THE DRIVER MAY , IN CASE OF DANGER , IN CIRCUMSTANCES OUTSIDE HIS CONTROL , TO RENDER ASSISTANCE , OR AS A RESULT OF A BREAKDOWN , AND TO THE EXTENT NECESSARY TO ENSURE THE SAFETY OF PERSONS , OF THE VEHICLE OR OF ITS LOAD , AND TO ENABLE HIM TO REACH A SUITABLE STOPPING PLACE OR , ACCORDING TO CIRCUMSTANCES , THE END OF HIS JOURNEY , DEPART FROM THE PROVISIONS OF ARTICLES 6 , 7 ( 2 ) AND ( 4 ) , AND 11 . THE DRIVER SHALL INDICATE THE NATURE AND REASONS FOR SUCH DEPARTURE IN THE INDIVIDUAL CONTROL BOOK , OR ON THE RECORD SHEET OF THE RECORDING EQUIPMENT . "

ARTICLE 4

THE FOLLOWING SUBPARAGRAPH SHALL BE ADDED TO ARTICLE 14 ( 1 ) OF REGULATION ( EEC ) NO 543/69 :

" HOWEVER , IN THE CASE OF DRIVERS OF VEHICLES REGISTERED IN A THIRD COUNTRY WHICH IS NOT A PARTY TO THE AETR AGREEMENT , THE COMMISSION SHALL , ON THE APPLICATION OF A MEMBER STATE , APPROVE A CONTROL BOOK OF A MODEL DIFFERENT FROM THE MODEL SHOWN IN THE ANNEX , ON CONDITION THAT SUCH MODEL DOES NOT DIFFER IN ESSENTIAL POINTS FROM THE MODEL LAID DOWN BY THE COMMUNITY . THE COMMISSION SHALL NOTIFY THE OTHER MEMBER STATES ACCORDINGLY . "

ARTICLE 5

THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 19 OF REGULATION ( EEC ) NO 543/69 :

" 4 . BY WAY OF DEROGATION FROM THE PROVISIONS OF ARTICLE 7 ( 2 ) AND UNTIL 31 DECEMBER 1973 , THE DAILY DRIVING PERIOD FOR ANY VEHICLE , IRRESPECTIVE OF TYPE , REGISTERED IN A THIRD COUNTRY AND BEING USED FOR CARRIAGE FROM OR TO A THIRD COUNTRY SHALL NOT EXCEED NINE HOURS . "

ARTICLE 6

THE ANNEX TO THIS REGULATION SHALL BE SUBSTITUTED FOR THE ANNEX TO REGULATION ( EEC ) NO 543/69 .

HOWEVER , UNTIL THE ENTRY INTO FORCE OF THE AETR AGREEMENT , THE INDIVIDUAL CONTROL BOOK AS SHOWN IN THE ANNEX TO REGULATION ( EEC ) NO 543/69 IN ITS VERSION OF 25 MARCH 1969 MAY EQUALLY BE USED .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 28 FEBRUARY 1972 .

FOR THE COUNCIL

THE PRESIDENT

G . THORN

ANNEX : SEE O.J . NO L 67 OF 20 . 3 . 72