Załącznik nr 56
COMMISSION CLARIFICATION 1
- National regulations inspired by the European Union rules –
Article: Scope of Regulation (EC) No 561/2006, Articles 1, 2 and 11 of the Regulation
Issue raised: German law requires that European Union rules on driving time, breaks and rest periods introduced by Regulation (EC) No 561/2006 should also apply to vehicles heavier than 2.8 tonnes, whereas the threshold established by Article 2.1 (a) of the Regulation concerns vehicles heavier than 3.5 tonnes.
Clarification:
The fact that some types of vehicles or transport operations are outside the scope of the Regulation implies that Member States are free to legislate in the domain which is not covered by European rules. If Member States proceed so, nothing prevents them to adopt national rules that are inspired by European Union legislation or is identical with it.
Comment: clarification provided by the European Commission services to the Luxembourg authorities (letter of February 1993)