Decision 2021/366 - 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 - Main contents
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Council Decision (EU) 2021/366 of 22 February 2021 on the position to be adopted, on behalf of the European Union, 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 United Nations Economic Commission for Europe| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2021/366 |
| Original proposal | COM(2021)26  |
| CELEX number i | 32021D0366 |
| Document | 22-02-2021; Date of adoption |
|---|---|
| Publication in Official Journal | 01-03-2021; OJ L 70 p. 12-14 |
| Effect | 22-02-2021; Entry into force Date of document See Art 3 |
| End of validity | 31-12-9999 |
1.3.2021 |
EN |
Official Journal of the European Union |
L 70/12 |
COUNCIL DECISION (EU) 2021/366
of 22 February 2021
on the position to be adopted, on behalf of the European Union, 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 United Nations Economic Commission for Europe
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. It was last amended on 20 September 2010. |
(2) |
Pursuant to Article 21 AETR, proposed amendments to the AETR may be submitted by any Contracting Party to the Secretary-General of the United Nations (UN). Before submission to the Secretary-General of the UN, the proposals are first discussed in the Working Party on Road Transport (SC.1) of the UN Economic Commission for Europe (UNECE). |
(3) |
A Group of Experts on the AETR has been established by UNECE in the framework of the AETR. That Group is a body empowered to develop and submit proposals to amend the AETR to the UNECE Working Party on Road Transport. |
(4) |
It is envisaged that the Group of Experts on the AETR, during its planned 25th session in February 2021, and the UNECE Working Party on Road Transport, during its planned 116th session in October 2021, will discuss amendments to the AETR relating to the adoption of the smart tachograph. |
(5) |
Article 22bis AETR provides that changes to Annex IB to Council Regulation (EEC) No 3821/85 (2) concerning the digital tachograph are automatically taken over by all Contracting Parties to the AETR without any formal consultation or vote. The lack of participation of the Contracting Parties to the AETR in the process of development and adoption of technical specifications on the digital tachograph has been a cause of discontent among some of those Contracting Parties. The Commission acknowledges in its communication of 19 July 2011 entitled ‘Digital Tachograph: Roadmap for future activities’ that this mechanism jeopardises the correct and harmonised implementation of the digital tachograph by non-Union Contracting Parties. |
(6) |
It is in the interest of the Union that the decision-making process envisaged in the AETR as regards control devices, including digital tachographs, be modified, that the procedure set out in Article 22(1), (2) and (3) AETR become applicable to the inclusion of the technical specifications of the smart tachograph in the AETR, and that Article 22bis AETR remain in force for possible future amendments to the requirements for the previous versions of the tachograph. |
(7) |
Pursuant to Article 10 AETR, a tachograph whose construction, installation, use and testing are carried out in accordance with Regulation (EEC) No 3821/85 is considered to comply with the requirements of the AETR. Article 10 AETR should be amended in order to include a reference to the technical specifications of the smart tachograph, which should be considered to comply with the requirements of the AETR as from the date of entry into force of Appendix 1C to the Annex to the AETR. |
(8) |
Article 13 AETR, which concerns transitional provisions, should be amended to set out the precise date for the implementation by the Contracting Parties of the provisions on smart tachographs. |
(9) |
Article 14 AETR does not allow for the accession of bodies other than States members of UNECE and States admitted to... |
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