OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2001/0033 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC

1. Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission sets out its opinion below on the amendments proposed by Parliament.

2. Background

a) On 02.02.2001, the Commission transmitted to the Council and the European Parliament its proposal for a Regulation (COM(2001)56 final - COD 2001/0033 of 02.02.2001).

b) The Economic and Social Committee delivered a favourable opinion on 11.07.2001.

c) The Committee of the Regions waived its right to deliver an opinion (letter 15.10.2001).

d) On 17.01.2002, the European Parliament, at its first reading, delivered its opinion, containing a number of amendments to the Commission proposal.

e) On 26.09.2002 (COM(2002)541 final), the Commission adopted, in accordance with Article 250(2) of the Treaty, an amended proposal incorporating, wholy or in part, a big number of amendments adopted by Parliament.

f) The Council adopted its common position on 5.12.2002.

g) On 08.04.2003, the European Parliament adopted, at the second reading, a resolution containing four amendments to the common position.

3. Purpose of the proposal

The aim of the draft Directive is to introduce mandatory initial and continuous training for professional drivers. Under existing Community law only certain categories of drivers - corresponding to a relatively small number of drivers - should hold a certificate of professional competence in conformity with the rules on the minimum levels of training for some road transport drivers. On the other hand, at present, only few Member States require compulsory training of drivers. All in all, the great majority of professional drivers in the Member States currently pursue their occupation on the basis of their driving licence only.

4. Opinion of the Commission on the amendments by the European Parliament

Parliament adopted four amendments to the common position of the Council at the second reading.

The Commission accepts all the amendments proposed by the European Parliament.

4.1 Amendment 1: further precision of recital 12, training centres

The Commission can accept this further precision of recital 12, which is in line with the goal of the proposal. It aims at further assuring that the criteria for approving the training centres "guarantee their professionality".

4.2 Amendment 2: further precision of article 13, evaluation report

The Commission can accept this further precision of article 13, which is useful given the fact that Member States can chose to introduce different initial qualification systems. An attempt to measure and report about the efficiency of the different systems will be useful.

4.3. Amendment 3: insertion of a new element into Annex I, section 1, point 3.2

The addition of the notion of prevention of criminality is useful and in line with the goal of the proposed Directive. The Commission can accept the insertion of this element into point 3.2 of section 1, Annex I.

4.4. Amendment 4: adding the possibility to use certain types of simulators during the periodic training

This amendment builds upon the wording of section 2 of Annex I and therefore is a useful precision which is acceptable for the Commission. It clarifies that also during the compulsory periodic training top-of-the-range simulators may be used. As it is an option and has already been integrated for the initial qualification, this additional element is useful and in line with the proposed Directive.

5. Conclusion

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal in accordance with the results of the second reading in Parliament as set out above.