Regulation (European Union)

A regulation is a legal act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. Regulations can be adopted by means of a variety of legislative procedures depending on their subject matter.

Legal basis

The legal basis for the enactment of regulations is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC).

The Council can delegate legislative authority to the Commission and, depending on the area and the appropriate legislative procedure, both institutions can make laws. There are Council regulations and Commission regulations. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems.

Legal effect

Regulations are in some sense equivalent to "Acts of Parliament", in the sense that what they say is law and they do not need to be mediated into national law by means of implementing measures. As such, regulations constitute one of the most powerful forms of European Union law and a great deal of care is required in their drafting and formulation.

Drivers' working hours

Drivers' working hours is the commonly used term for regulations that govern the activities of the drivers of commercial goods vehicles and passenger carrying vehicles.

Within the European Union, EU Regulation 561/2006 is the current regulation concerning the driving times, breaks and rest periods required to be taken by drivers of goods or passenger vehicles who drive in the EU. In certain circumstances, drivers may be exempt from EU Regulation 561/2006 throughout the EU, or there may be a derogation for the driver on a national journey within a particular country.

Other non-EU countries have signed the European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (Accord Européen sur les Transports Routiers, AETR). If the vehicle has passed through an AETR signatory country during the course of its journey then it will fall within scope of AETR rules for the whole of that journey.

Since September 2010, AETR rules have been amended to align closely with EU Regulation 561/2006.

Second Railway Package

The Second Railway Package is a group of European Union legislation which promote common standards and open access, working towards an integrated European railway area.

History

For much of the 20th century, rail transport in Europe was dominated by national monopolies; these effectively excluded competitors from their networks. Starting in 1991, the EU developed legislation to open railways up to competition, which would help them regain modal share from road and air transport.

Legislation

Directive 2004/49/EC

2004/49/EC is the Railway Safety Directive; it has since been amended by Directive 2008/110/EC. It harmonised safety principles, including procedures for granting safety approval to railway operators and infrastructure owners.

Directive 2004/50/EC

Directive 2004/50/EC harmonised interoperability requirements, particularly for high-speed rail. It amended Directives 96/48 and 2001/16; it has since been updated by 2008/57/EC.

Directive 2004/51/EC

Directive 2004/51/EC allowed open access for freight services, nationally and internationally, starting in January 2007