Regulation 1985/3820 - Harmonization of certain social legislation relating to road transport - Main contents

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Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonization of certain social legislation relating to road transport

Official Journal L 370 , 31/12/1985 P. 0001 - 0007

Finnish special edition: Chapter 7 Volume 3 P. 0113

Spanish special edition: Chapter 07 Volume 4 P. 0021

Swedish special edition: Chapter 7 Volume 3 P. 0113

Portuguese special edition Chapter 07 Volume 4 P. 0021

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COUNCIL REGULATION (EEC) No 3820/85

of 20 December 1985

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 Council Decision of 13 May 1965 on the harmonization of certain provisions affecting competition in transport by rail, road and inland waterway (1), and in particular Section III thereof,

Having regard to the proposal from the Commission (2),

Having regard to the opinion of the European Parliament (3),

Having regard to the opinion of the Economic and Social Committee (4),

Whereas in the field of road transport, Community social legislation is set out in Regulation (EEC) No 543/69 (5) as last amended by Regulation (EEC) No 2829/77 (6); whereas that legislation aims at the harmonization of conditions of competition between methods of inland transport, especially with regard to the road sector and the improvement of working conditions and road safety; whereas progress made in these fields must be safeguarded and extended; whereas, however, it is necessary to make the provisions of the said Regulation more flexible without undermining their objectives;

Whereas, taking into account the amendments set out hereinafter, in order to clarify matters, all the relevant provisions should be brought together in a single text, and in consequence thereof, Regulation (EEC) No 543/69 should be repealed; whereas, however, the exemptions set out in Article 4 for certain vehicles and the provisions of Article 15 for certain passenger transport operations should be maintained in force for a certain time;

Whereas the provisions of this Regulation dealing with working conditions cannot be allowed to prejudice the right of the two sides of industry to lay down, by collective bargaining or otherwise, provisions more favourable to workers; whereas, in order not only to promote social progress but also to improve road safety, each Member State must retain the right to adopt certain appropriate measures;

Whereas in view of the fall in the number of drivers' mates and conductors it is no longer necessary to regulate the rest periods of crew members other than the driver;

Whereas the replacement of the flexible week by a fixed week would make it easier for drivers to organize their work and improve checking;

Whereas a system should be defined to apply to international road transport operations to or from a third country or between two countries in transit through the territory of a Member State; whereas the provisions of the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) of 1 July 1970 should apply to those transport operations; whereas in the case of vehicles registered in a State which is not a Contracting Party to AETR, those provisions will only apply to that part of the journey effected within the Community;

Whereas, since the subject matter of the AETR Agreement falls within the scope of this Regulation, the power to negotiate and conclude the Agreement lies 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...

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