31976A0582

COMMISSION OPINION of 11 June 1976 addressed to the Danish Government on the Government decree on the introduction of recording equipment in road transport (76/582/EEC)

By letter dated 6 February 1976, the Danish Permanent Representation to the European Communities informed the Commission's services of the issuing of Government decree No 629 of 17 December 1975 on the introduction of recording equipment in road transport.

The Commission is treating this notification as equivalent to a consultation in accordance with Article 21 (1) of Council Regulation (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport, as amended by Regulation (EEC) No 1787/73.

The Commission notes that: - the Danish Government's decree comes within Article 21 (1) of Regulation (EEC) No 1463/70,

- the decree provides for: - the application of Regulation (EEC) No 1463/70 as from 1 January 1976,

- the performing of checks on compliance,

- penalities in case of breach,

- the decree implementing this Regulation has been adopted without prior consultation of the Commission.

It should be recalled that pursuant to Article 21 (1) of Regulation (EEC) No 1463/70, the Member States shall, in good time and after consulting the Commission, adopt such laws, regulations or administrative provisions as may be necessary for the implementation of this Regulation.

The Commission should therefore have been consulted before the measures were adopted. However, as the Government decree implements the provisions as required, the Commission hereby delivers a favourable opinion.

Done at Brussels, 11 June 1976.

For the Commission

Carlo SCARASCIA MUGNOZZA

Vice-President