Article 218, paragraph 9, of the TFUE states that “the Council, on the commission`s proposal (..) a decision (…) defining the positions to be taken on behalf of the Union within an institution established by an agreement, when that institution is invited to adopt acts with legal effects, with the exception of acts that complement or modify the institutional framework of the agreement.” The Council has already adopted a decision on the EU`s position in 2013, which will be defended in the AETR 5 expert group. The position was, in particular, the above-mentioned question on the application of the specifications of the digital tachograph by the contracting parties to the AETR and on an amendment to the agreement to authorise EU membership in the AETR. In view of the recent discussions within the expert group and the fact that Russia has submitted a formal proposal to amend the AETR, it is necessary for the Council to define a new EU position for the next meeting of the Expert Group and the Road Transport Working Group, to be held on 24-25 October 2016. With regard to the applicability of Article 218, paragraph 9, of the TFUE, the procedure must be followed as soon as the conditions it provides are met. These conditions are: (a) the area concerned falls within the competence of the Union; (b) the Union`s position is expressed within a body created by an international agreement, when that body is invited to adopt (c) acts with legal effects. The case law has made it clear that the EU`s accession to the relevant body is not a precondition for the application of Article 218, paragraph 9, of the EUS. The AETR agreement concerns the work of vehicle crews operating on the international road network. The agreement covers 49 parties, including all EU member states. Its provisions are in line with current EU legislation on driving time, break and rest. In 2006, the AETR agreement was amended to introduce the use of digital tachographs, which became mandatory for parties in 2010.
With regard to passenger transport, the INTERBUS agreement includes occasional links between the EU and Ukraine, Turkey, Albania, Bosnia and Herzegovina, Northern Macedonia, Montenegro and Moldova. In December 2014, the Council gave the Commission a mandate to negotiate the extension of the scope of the agreement to regular services and to find ways for Morocco to become a member of your business. Both agreements provide for the application of the road transport acquis in the countries concerned. The EC/Switzerland land transport agreement applies to the transport of goods and passengers by road and rail. It came into force on 1 July 2002 and aims to fully liberalise access to transport markets for contracting parties. In the road transport sector, EC and Swiss carriers are already free to carry transport between a Member State and Switzerland and vice versa.