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DoE promises FTA consultation on EEC social regulations draft

20th April 1973, Page 17
20th April 1973
Page 17
Page 17, 20th April 1973 — DoE promises FTA consultation on EEC social regulations draft
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Which of the following most accurately describes the problem?

• The Department of the Environment has promised consultation with the road transport industry at all stages of the EEC Draft Social Regulation No. 2, which proposes a whole range of new controls including a ban on any productivity based on distance covered or tonnage carried.

Its statement, issued on Monday, is in reply to an FTA letter voicing opposition to some parts of the EEC regulations on driving and working hours —due to take effect in the UK in 1976 — and proposals for new regulations made by the EEC Commission (CM March 16).

In particular, the FTA rejected entirely the proposal to superimpose limitations on daily and weekly spreadover on top of existing rules for driving and rest.

But the DoE says that to link the existing Social Regulation 543/69 and the draft Second Social Regulation is a "great mistake" and "merely increased the confusion which already exists in some quarters".

The Department says that Regulation 543/ 69 is now the law of the UK. But the Draft Regulation is still only a proposal and the UK will be able to play a major part in determining its content and rate of progress.

Regarding the EEC Regulation 543/69 as amended, the DoE comments that the FTA criticism indicates surprise at its content. But the DoE points out that this has been law in the original six countries for 3+ years and was widely recognized as an integral part of the transport package.

"Conscious of the problems for the road transport industry, the government negotiated the maximum possible transitional period. It was a considerable achievement to have gained three years before the provisions have to be applied to journeys in the UK," its statement reads.

The Department goes on to deal with four points:—

The FTA asks for a number of changes to the Regulation. But first moves to change regulations must come from the Commission in the form of draft proposals. The most member states can do is make their views known — which the DoE has done on behalf of the UK on a number of occasions.

The FTA wants exemptions correspond ing to the provision made under the Transport Act 1968. But these relate in the main to spreadover and duty limits which are not controlled under the EEC Regulations.

The Association also asks for certain points to be defined. But the interpretation of law will remain a matter for the courts. With Community law this will rest ultimately with the European Court of Justice. However, the FTA should not assume that the particular expressions used in Community law will place operators at any disadvantage compared with the current UK definitions. This applies particularly to the EEC's article on "Emergencies". Though framed differently, it is not necessarily more restrictive.

And regarding Draft Social Regulation No. 2, the Department appreciates the Association's misgivings over the likely practical effect if the Regulation were adopted in its present form. But the current proposal is only a draft and is likely to undergo substantial modifications in the Council.

The UK and no doubt other member states will ensure proposals are carefully considered and the road transport industry will be consulted at all stages.


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