31973H0256

COMMISSION RECOMMENDATION of 29 June 1973 to the Government of Denmark on the draft order implementing Regulation (EEC) No 2829/72 (73/256/EEC)

In a letter dated 5 February 1973, the Office of the Danish Permanent Representative sent to the Commission the text of a draft order laying down provisions for the implementation of Council Regulation (EEC) No 2829/72 (1) of 28 December 1972 on the Community quota for road carriage of goods between Member States.

This constitutes consultation within the meaning of Article 7 of Council Regulation (EEC) No 2829/72.

The Commission takes note of the fact that the Danish draft order contains the implementing measures which the Member States must take pursuant to the abovementioned Regulation. Such measures must cover the organization, the procedure and the means of supervision, and the penalties for breaches of the Regulation. 1. The Commission notes that the draft order repeats certain provisions already contained in the abovementioned Community Regulation.

Under Article 189 of the Treaty, the provisions of this Regulation are directly applicable in the Member States and entered into force in Denmark on 1 January 1973. There is therefore no need to incorporate these provisions in national instruments. This could lead to confusion as to the entry into force or the direct applicability of Community Regulations as such. The repetition, even in part, of provisions of a Community Regulation in a national legal instrument should at most be permitted only where this is necessary to make the instrument comprehensible to users.

The Commission accordingly recommends the Danish government to delete from the draft order the following provisions, for which no justification exists:

Article 2, 3 and 6, paragraph 2 in their entirety.

Article 8

"... in particular where they are not being sufficiently used or are being used solely for bilateral transport operations."

2. As regards their intention and general substance, the other provisions of the draft order fulfil the requirements of the abovementioned Regulation.

However, it would have been desirable that the Danish government completes its provisions of implementation, especially concerning penalties, based on the Commission's Recommendation of 9 June 1969 (2) to the Member States regarding the introduction of the Regulation of the Community quota.

Done at Brussels, 29 June 1973.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No L 298, 31.12.1972, p. 16. (2)OJ No L 165, 5.7.1969, p. 7.