RESOLUTIONOF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,of 20 December 1985to improve the implementation of the social Regulations in road transport(85/C 348/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL, Having regard to the Treaty establishing the European Economic Community, Having regard to the recommendation from the Commission, Having regard to the opinion of the European Parliament (1) , Having regard to the opinion of the Economic and Social Committee (2) , Whereas the aims set by Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (3) , as last amended by Regulation (EEC) No 2827/77 (4) and replaced in future by Regulation (EEC) No 3820/85 (5) and the aims set by Council Regulation (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport (6) , as last amended by Regulation (EEC) No 2828/77 (7) and replaced in future by Regulation (EEC) No 3821/85 (8) , can only be attained if the rules are correctly implemented, which, in particular, implies regular checks and the imposition of effective penalties where such rules are not observed; Whereas it is for the Member States to adopt measures regarding the extent of the necessary checks and to prescribe the requisite penalties; Whereas Article 17 of Regulations (EEC) No 543/69 and (EEC) No 3820/85 and Articles 21 and 19 respectively of Regulations (EEC) No 1463/70 and (EEC) No 3821/85 stipulate that Member States shall adopt provisions covering the organization of, procedure for, means of carrying out checks on compliance and penalties to be imposed in cases of breach, as well as mutual assistance between Member States, including the communication of information on breaches and on the penalties imposed; Whereas it is necessary to ensure homogeneous and effective implementation of the Regulations in question by Member States, in particular in order to avoid distortions of the conditions of competition between transport undertakings, HAVE ADOPTED THIS RESOLUTION: For the implementation of Article 17 of Regulations (EEC) No 543/69 and (EEC) No 3820/85 and Articles 21 and 19 respectively of Regulations (EEC) No 1463/70 and (EEC) No 3821/85, the following measures should be taken: 1. As regards checks: (a) Organizing a system of appropriate and regular annual checks, both at the roadside and at undertakings' headquarters, on a large and representative cross-section of drivers, undertakings and vehicles of all transport categories falling within the scope of the Regulations; (b) checks without discrimination of vehicles and drivers, whether resident or not; (c) staffing enforcement authorities with sufficient numbers of qualified personnel for the job; (d) increasing roadside checks on passenger transport during the holiday season; (e) organizing roadside checks, in different places and at any time of the day, covering a sufficiently extensive part of the road network to make it difficult to avoid checkpoints; (f) issuing a certificate to drivers after each check; (g) making additional enquiries at the undertakings concerned when serious breaches have been found during roadside checks; (h) providing the officials responsible for roadside checks with: - a list of the principal points to be checked; -a multilingual vade-mecum, prepared by the Commission, giving the most useful technical expressions for checks on drivers; (i) exchanges of information at an appropriate level between the administrative and enforcement authorities on their experiences, difficulties and possible solutions; (j) facilitation of checks by the issue of a certificate by employers to their drivers involved in international carriage in a Member State where the competent authorities require such a certificate when, for exceptional reasons, they have not driven on one or more days in a week. 2. As regards the implementation of the Regulations: (a) taking of appropriate measures to ensure that penalties act as a deterrent so that breaches do not result in financial benefit; (b) adoption of effective means of prosecuting non-resident drivers committing breaches on the territory of a Member State and of recovering fines imposed on such drivers, under the international or national law in force; (c) option open to the authority responsible for issuing authorizations to suspend or withdraw an undertaking's transport authorization in the case of serious and repeated breaches of the Regulations; (d) possibility of temporarily immobilizing vehicles if their drivers, breaching the Regulations, are likely to present a risk for road safety. 3. As regards information and publicity: (a) Organization of reciprocal visits and meetings of officials responsible for applying these Regulations in the Member States; (b) Periodical publication by the competent authorities of reports on the results of roadside checks and of checks on undertakings; (c) The Commission shall be informed within twelve months of the adoption of this resolution of the measures which the Member States have taken to put it into effect. (1) OJ No C 122, 20. 5. 1985, p. 168.

(2) OJ No C 104, 25. 4. 1985, p. 4.

(3) OJ No L 77, 29. 3. 1969, p. 49.

(4) OJ No L 334, 24. 12. 1977, p. 1.

(5) OJ No L 370, 31. 12. 1985, p. 1.

(6) OJ No L 164, 20. 7. 1979, p. 1.

(7) OJ No L 334, 24. 12. 1977, p. 5.

(8) OJ No L 370, 31. 12. 1985.