In accordance with Article 22 (4) of Regulation (EC) No 561/2006 the Commission supports dialogue between Member States concerning national interpretation and application of the Regulation. In 2007 the Commission established the Legal Working Group on the harmonized application of social rules in road transport under the auspices of the Committee on social rules in road transport, which was subsequently merged with the Infringement Working Group resulting in the creation of the Enforcement Working Group in 2015.
The following guidance notes have been discussed by Member States at the Working Group. They provide comments on certain provisions of the Regulation with the aim to improve efficiency, effectiveness and consistency in the enforcement of these rules across the EU. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law.
The clarification notes set out the Commission services' point of view on the application and implementation of a number of provisions of Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport. The clarifications aim at ensuring a common understanding and harmonious application of these provisions. It should be noted that, in any event, interpretation of European Union law is ultimately the prerogative of the European Court of Justice.
Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85