31. 12. 85 Official Journal of the European Communities No L 370/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3820/85 of 20 December 1985 on the harmonization of certain social legislation relating to road transport THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof ; Having regard to the Council Decision of 13 May 1965 on the harmonization of certain provisions affecting competition in transport by rail, road and inland water- way ('), and in particular Section III thereof, Having regard to the proposal from the Commission (2, Having regard to the opinion of the European Parlia- ment (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas in the field of road transport, Community social legislation is set out in Regulation (EEC) No 543/69 (°) as last amended by Regulation (EEC) No 2829/77(%); whereas that legislation aims at the harmonization of conditions of competition between methods of inland transport, especially with regard to the road sector and the improvement of working conditions and road safety; whereas progress made in these fields must be safe- guarded and extended ; whereas, however, it is necessary to make the provisions of the said Regulation more flex- ible without undermining their objectives ; Whereas, taking into account the amendments set out hereinafter, in order to clarify matters, all the relevant provisions should be brought together in a single text, and in consequence thereof, Regulation (EEC) No 543/69 should be repealed ; whereas, however, the exemptions set out in Article 4 for certain vehicles and the provisions of Article 15 for certain passenger transport operations should be maintained in force for a certain time; Whereas the provisions of this Regulation dealing with working conditions cannot be allowed to prejudice the right of the two sides of industry to lay down, by collec- (') OJ No 88, 24 5. 1965, p. 1500/65. () OJ No C 100 12. 4. 1984 p- 3, and OJ No C 223, 3. 9. 1985, p- S () OJ No C 122, 20. 5. 1985, p. 168. () OJ No C 104, 25. 4. 1985, p. 4, and O] No C 303, 25 11. 1985, p. 29. () OJ No L 77, 29. 3. 1969, p. 49. () O] No L 334, 24. 12. 1977, p. 1. tive bargaining or otherwise, provisions more favourable to workers ; whereas, in order not only to promote social progress but also to improve road safety, each Member Stat¢ must retain the right to adopt certain appropriate measures ; Whereas in view of the fall in the number of drivers’ mates and conductors it is no longer necessary to regulate the rest periods of crew members other than the driver; Whereas the replacement of the flexible week by a fixed week would make it easier for drivers to organize their work and improve checking; Whereas a system should be defined to apply to inter- national road transport operations to or from a third country or between two countries in transit through the territory of a Member State ; whereas the provisions of the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) of 1 July 1970 should apply to .those transport opera- tions ; whereas in the case of vehicles registered in a State which is not a Contracting Party to AETR, those provi- sions will only apply to that part of the journey effected within the Community ; Whereas, since the subject matter of the AETR Agree- ment falls within the scope of this Regulation, the power to negotiate and conclude the Agreement lies with the Community ; whereas, however, the particular circum- stances in which the AETR negotiations took place warrant, by way of exception, a procedure whereby the Member States of the Community individually deposit the instruments of ratification or accession in a concerted action but nonetheless act in the interest and on behalf of the Community ; Whereas, in order to ensure the supremacy of Com- munity law in intra-Community transport, Member States should enter a reservation when depositing their instru- ments of ratification or accession whereby international transport operations between Member States are not to be regarded as international transport operations within the meaning of the Agreement;