Considerations on COM(2025)57 - EU position in the Group of Experts on the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR) and in the Working Party on Road Transport of the UNECE as regards a proposal to align the AETR with the main recent amendments to Regulation (EC) No 561/2006

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dossier COM(2025)57 - EU position in the Group of Experts on the European Agreement concerning the work of crews of vehicles engaged in ...
document COM(2025)57 EN
date May 12, 2025
 
table>(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,