CQMVIISSION OF THE EUROPEAN COMVIUNITIES 
COM (93) 494 final 
Brussels, 15 October 1993 
SIXTEENTH REPORT BY THE COMMISSION 
on the implementation in 1986-1990 
of Council Regulation (EEC) No 543/69 of 25 March 1969 and 
Council Regulation EEC No 3820/85 of 20 December 1985 
on the harmonization of certain social legislation 
relating to road transport 
^f-
- I ex -
CONTENTS 
Page. 
INTRODUCTION 1 
I. ORGANIZATION AND NUMBER OF CHECKS 3 
I I. MINIMUM CHECKS 9 
III. INFRINGEMENTS AND PENALTIES 10 
IV. MULTILATERAL MUTUAL ASSISTANCE BETWEEN 
MEMBER STATES AND NOTIFICATION OF INFRINGEMENTS 17 
V. COMMENTS AND SUGGESTIONS BY THE MEMBER STATES 21 
VI. FINAL CONCLUSIONS BY THE COMMISSION 22 
INTRODUCTION 
Article 16 of Council Regulation (EEC) No 3820/85 of 20 December 1985 
requires the Commission to produce a report every two years on the 
implementation of the Regulation by the Member States and on developments 
in the field of driving times and rest periods for drivers1. There is 
therefore a legal obligation to draw up this report. 
This report covers the period from 1 January 1986 to 1 December 1990 and 
contains a summary of the information supplied by the Member States on the 
implementation of Regulations (EEC) Nos 543/69, 1463/70, 3820/85 and 
3821/85 in the European Community. 
The first point to note concerns the wide disparities in the information 
available and in the reference periods. 
Belgium was unable to submit data for 1987 and 1988. Denmark submitted a 
summary of the infringements detected and prosecuted in 1987 but had no 
information available for 1988 to 1990. Germany pointed out that the 
figures supplied were purely estimates based to only a very limited extent 
on actual figures and sent no information for the period from 
29 September 1986 until 1988. Greece supplied consolidated figures for 
various periods (1986-1987, 1987-1989 and 1990). France covered the whole 
of 1986. Ireland had already submitted figures for the period from 
1 January 1985 to 28 September 1986 in its report for 1985. Italy gave a 
few details for the period from 29 September 1986 to 31 December 1988 and 
for both 1989 and 1990. Luxembourg covered the whole of 1986 but had no 
data available for 1987 or 1988. The Netherlands had already submitted 
figures for the period from 1 January 1985 to 28 September 1986 in its 
report for 1985. The United Kingdom supplied data for 1986 to 1988. Spain 
and Portugal did not join the European Community until 1986 and needed time 
to set up the departments for collecting the data. Spain has yet to submit 
its data for 1987. Portugal, however, submitted figures for the second and 
third quarters of 1987. 
Article 17 of Council Regulation (EEC) No 543/69 of 25 March 1969 
contained a similar clause, which was repealed and replaced, with 
effect from 29 September 1986, by Regulation (EEC) No 3820/85. 
- 2 -
It is therefore difficult to obtain a full picture and make an accurate 
comparison of the data supplied by the Member States. 
It should be noted that there has been a considerable delay in presenting 
this report. However, this is not attributable entirely to the 
Commission's departments since they made repeated oral and written requests 
to the Member States for the necessary information. But it must be 
acknowledged that when the information is not forthcoming from the 
Member States, it is physically impossible for the Commission to draw up a 
balanced report. 
In view of the delay, the Commission decided to submit a single report for 
1986 to 1990, even though Article 16 of Regulation (EEC) No 3820/85 call 
for a report to be produced every two years. 
Consequently, the Commission once again regrets (as in the previous 
reports) the length of time taken by some Member States to send their 
contributions to the report and it will not fail to take appropriate action 
if this situation continues in future. 
- 3 -
1. ORGANIZATION AND NUMBER OF CHICKS 
In Belgium, 253 assistant inspectors operating within the social 
inspectorate are assigned to these checks, but only 222 are actually 
available. The transport authorities have 47 inspectors out of a technical 
staff complement of 61. The gendarmerie has a special squad of over 
1 500 officers assigned to road checks. 
In Greece, the checks are carried out by the relevant departments of the 
Ministry of Labour and by the police, both on the premises of the 
undertakings and at the roadside. Officials from the Ministry of Labour 
inspect the premises, collect the essential documents and, should they 
detect infringements, bring the matter before the courts and impose 
administrative or criminal law penalties, as provided for by Articles 2 and 
3 of Presidential Decree 319/1989. The police forces and joint teams 
provided for by Article 1 of the same Decree carry out roadside checks 
only. 
In Spain, the roadside checks are conducted by the Civil Guard's traffic 
police (4 500 officers), except in the Basque Country which has its own 
autonomous police force responsible for this task. 
Responsibility for inspections on the premises of undertakings is shared 
between the transport authorities in each autonomous region and the 
Ministry of Transport. 
In 1988 the central government had 46 transport inspectors and 78 assistant 
inspectors monitoring implementation of the social legislation relating to 
road transport. 
France had 325 inland transport inspectors and assistant inspectors 
authorized to carry out checks under the social legislation relating to 
road transport in 1986, 322 in 1987, 316 in 1988, 283 in 1989 and 284 in 
1990; the staff complement of the labour inspectorate was 91 in 1986 and 
1987, 89 in 1989 and 83 in 1990. 
The statistics for France include the activities of the inland transport 
inspectors and assistant inspectors, of the labour inspectors (transport) 
and also of the police (State security police (CRS) and municipal police 
forces) and the gendarmerie, who carry out roadside checks only. However, 
the 1989-1990 figures for the number of roadside checks exclude crews 
checked by the gendarmerie, since the earlier estimate based on the 
combined totals was not considered reliable enough. 
- 4 -
The following civil servants or government officials operate both at the 
roadside and on the premises of undertakings: 
transport inspectors and assistant inspectors; 
labour inspectors (transport). 
In addition to these, there are: 
officers from the police force and gendarmerie who carry out roadside 
checks only; 
labour inspectors and agricultural protection inspectors, 
labour inspectors from the Ministry of Social Affairs and Employment; 
customs officials. 
In the case of the latter three categories of officials, it is impossible 
to determine the proportion of their time spent specifically on transport. 
When an infringement is detected it is reported to the competent criminal 
courts (police and magistrates courts). The inspectorate is represented at 
the hearings wherever possible, in particular when the public prosecutor 
himself requests the attendance of an inspector. 
Irrespective of the customary penal procedure, the inspectorate also makes 
wide use of its authorization to immobilize vehicles and collect fines. 
Article L 25 of the Road Traffic Regulations authorizes it to immobilize 
vehicles if the driver has infringed the daily driving or rest times. 
Article L 26 of the same Regulations authorizes the inspectorate to impose 
a fine of FF 900 per infringement on non-resident offenders. Of the 
infringements involving vehicles not registered in France 74% resulted in 
such a fine In 1986, 81% in 1987, 80% in 1988, 81% in 1989 and 85% in 1990. 
Of the checks carried out on operators' premises in 1986, 1987, 1988 and 
1989, half were done on a random basis and the other half selectively, 
usually on the premises of operators whose compliance with the regulations 
gave greatest grounds for concern. Since 1 July 1990, primarily 
undertakings known to take little notice of the social legislation have 
been targeted for inspection. 
- 5 -
In the Netherlands, the labour inspectorate of the Ministry of Social 
Affairs inspects the premises of operators of own-account transport 
services, while the national transport inspectorate carries out both 
roadside checks and checks on the premises of operators of hire-or-reward 
services. The police and the gendarmerie also conduct roadside checks. 
In Luxembourg, checks are carried out by two inspectors from the labour and 
mining inspectorate and two inspecting officers from the Ministry of 
Transport. A special team has been set up within the flying squad of the 
gendarmerie to tighten up monitoring of the social legislation. 
In Portugal, the regional departments of the general labour inspectorate of 
the Ministry of Employment and Social Security are responsible for the 
general road transport checks. In July and August 1987 a nationwide check 
involving 110 inspectors was carried out. 
In the other Member States there have been no major changes in the 
organization and methods for the inspections in relation to previous 
years. 
- 6 -
Table 1 
NUMBER OF CHECKS CARRIED OUT IN 1986 <1> 
MEMBER 
STATE 
BELGIUM (2) Roadside checks 
7 012 Operators' premises 
484 
DENMARK <3> 
GERMANY (2) 
GREECE<4> 
FRANCE <5) 
IRELAND*6^ 
ITALY (3) 
LUXEMBOURG (5) 
NETHERLANDS (6) 
UNITED 
KINGDOM (7) 320 416 15 968 
117 916 
799 481 crews 
36 990 
1 349 
270 000 
186 950 
793 300 discs 38 450 crews 
367 759 discs 
4 241 
473 véhicules 
2 144 
25 400 
(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) The reference period varies. In some cases, the number of checks 
indicated is incomplete, since it does not always include all the 
authorities carrying out the checks (gendarmerie, customs, etc.). 
Figure for the period from 1 January 1986 to 28 September 1986. 
No information. 
Figure for the period from 1 January 1986 to 31 December 1987, 
including roadside checks and checks on the operators' premises. 
Figure for the period from 1 January 1986 to 31 December 1986. 
Figure for the period from 1 January 1985 to 28 September 1986. 
Excluding infringements detected by the police authorities. 
- 7 -
Table 2 
MEMBER STATE 
BELGIUM (1) 
DENMARK (1) 
GERMANY ( 1 ) 
GREECE (2) 
SPAIN (3) 
FRANCE 
IRELAND (4) 
ITALY (4) 
LUXEMBOURG (1) 
NETHERLANDS (4) 
PORTUGAL (5) 
UNITED (6) 
KINGDOM NUMBER OF CHECKS CARRIED OUT IN 1987-1988 
Roadside checks 
nat ional other Operators' premises 
427 345 
1 040 
1 370 971 
67 086 
122 989 discs 
7 530 000 
167 768 
419 421 discs 349 390 
10 016 
9 029 discs 
120 000 
42 904 
107 261 discs 
55 562 
63 292 discs 
517 567 
1 644 597 discs 46 575 
155 031 discs 2 982 
82 625 discs 
83 692 
1 004 304 discs 
49 478 
1 857 917 discs 
3 602 
230 530 discs 
77 942 
628 097 discs 
(1) No information. 
(2) Figure for the period from 1 January 1987 to 31 December 1989, including 
roadside checks and checks on the operators' premises. 
(3) Figure for 1988. 
(4) Figure for the period from 29 September 1986 to 31 December 1988. 
(5) Figure for the second and third quarters of 1987 and for 1988. 
(6) Figure for the period from 29 September 1986 to 31 December 1988. 
- 8 -
Table 3 
MEMBER STATE 
BELGIUM 
DENMARK 
GERMANY 
GREECE (1) 
SPAIN 
FRANCE 
(3) 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
PORTUGAL 
UNITED KINGDOM NUMBER OF CHECKS CARRIED OUT IN 1989-1990 
Roadside checks 
nat ional 
86 187 
-other 
-
494 000 
283 271 19 
(2) 
635 300 
61 214 
95 480 discs 
3 143 
118 579 
296 448 discs 141 047 
9 136 
7 218 discs 
550 
27 057 
67 643 discs 
64 358 
93 516 discs 
632 815 
2 724 804 discs 56 776 
211 257 discs Operators' premises 
2 908 
124 219 discs 
-
16 000 
3 953 
9 746 
332 710 discs 
84 133 
1 009 596 discs 
15 030 
1 006 309 discs 
5 563 
591 089 discs 
929 
2 027 
176 100 discs 
1 753 
76 216 
737 759 discs 
(1) Figure for 1990. 
(2) No information. These checks are carried out during the general traffic 
surveiI lance. 
(3) Excluding the gendarmerie. 
I3) 
- 9 -
I I. MINIMUM CHECKS 
A few comments must be made on the minimum annual check defined by 
Directive 88/599/EEC.1 As regards the number of days worked by each 
driver, the information available for 1989 to 1990 shows that the 
figures from which the minimum number of checks per year is 
calculated differ from one country to another (for example, 220 in 
Belgium but 240 in France, Germany and Spain). In Germany, the 
regulation of 6 June 1990 stipulates that the minimum number of 
checks per year must be attained in every Land. On average, 2.5 
record sheets (discs) per vehicle are checked at the roadside. The 
figure for inspections on the premises of the undertakings is far 
higher. in 1989 to 1990 a total of 1 635 000 working days were 
checked (1 235 000 checks at the roadside and 400 000 on the premises 
of undertak ings). 
In France, Circular No 90-40 of 1 June 1990 laid down rules 
establishing the total number of discs to be collected based on the 
criterion that one working day corresponds to one tachograph record 
sheet and on an average of 240 working days per driver. The minimum 
number of discs to be collected and analysed by the regional and 
departmental directorates was set at 312 500, to which the sampling 
by the Labour Inspectorate (for transport) must be added. This total 
is divided between the various regions and types of transport 
service. The discs are analysed by the LECADISC system for reading 
and analysing tachograph discs, thereby enabling the inspectors to 
perform the entire check by themselves. 
In the Netherlands, the method of calculating the number of working 
days checked takes account of freight services for hire or reward, 
passenger services and own-account operations. The calculation is 
based on 365 working days a year, although days on which the vehicles 
are immobilized (for repairs, maintenance, weekends, public holidays, 
lack of load, etc.), expressed as a percentage of the vehicle fleet, 
are deducted. 
The other Member States supplied no detailed information on this 
point. 
OJ No L 325, 29.11.1988, p. 55 
10 -
111 INFRINGEMENTS AND PENALTIES 
Although there are differences in the manner in which the Regulations 
are applied and monitored in the Member States, it is nevertheless 
useful to compare the figures for infringements detected and 
prosecutions. The tables set out below are limited to these two 
factors, because they are the only ones on which the Commission has 
data, and even then not from every Member State. 
Table 4 
INFRINGEMENTS IN 1986 <1> 
(combined totals for national and 
international goods and passenger traffic) 
MEMBER STATE Infringements detected Prosecutions 
Belgium 775 96 
Denmark 1 592 743 
Germany 165 517 107 002 
France <2> 268 065 144 084 
Greece 2 490 1 773 
Ireland <3> 11 805 6 964 
Italy <4) 
Luxembourg 173 66 
Netherlands<3> 61 515 10 627 
United Kingdom 12 011 7 623 
(5) 
COMMUNITY TOTAL 517 652 250 124 
(1) The reference period varies (see Table 2). 
(2) The figure for the number of cases in which action was taken on 
official reports drawn up by labour inspectors (transport) and road 
traffic controllers totalled 13 707. The action taken on official 
reports drawn up by other inspectors (police/gendarmerie) is not 
known. 
(3) Figures for the period from 1 January 1985 to 28 September 1986. 
(4) No information. 
(5) Figure for the period from 1 January 1986 to 28 September 1986. 
- 11 -
Table 5 
INFRINGEMENTS IN 1987-1988 
(combined total for national and 
international goods and passenger traffic) 
MEMBER STATE Infringements Prosecutions 
detected 
BELGIUM (1) 
DENMARK (2) 2 274 291 
GERMANY (1) 
GREECE (3) 50 654 42 680 
SPAIN (4) 18 957 
FRANCE 578 691 296 241 (5) 
IRELAND (6) 25 873 12 908 
ITALY (7) - 160 574 
LUXEMBOURG (1) 
NETHERLANDS (6) 85 520 30 454 
PORTUGAL (8) 2 483 2 325 
UNITED KINGDOM(9) 36 256 22 815 
COMMUNITY TOTAL 796 021 565 711 
(1) No information. 
(2) Figure for 1987. 
(3) Figure for the period from 1 January 1987 to 31 December 1989. 
(4) Figure for 1988. 
(5) Figure for roadside checks. 
(6) Figure for the period from 29 September 1986 to 31 December 1988 
(7) Figure for the period from 29 September 1986 to 31 December 1988 
(8) Figure for the second and third quarters of 1987 and for 1988. 
(9) Figure for the period from 29 September 1986 to 31 December 1988 
- 12 -
Table 6 
INFRINGEMENTS IN 1989-1990 
(combined totals for national and 
international goods and passenger traffic) 
MEMBER STATE Infringements Prosecutions 
detected 
BELGIUM - 17 516 
DENMARK 
GERMANY (1) 207 000 116 000 
GREECE (2) 28 634 18 856 
SPAIN 49 355 
FRANCE 401 662 339 550 (3) 
IRELAND 17 636 6 603 
ITALY - 57 703 
LUXEMBOURG - 1 061 
NETHERLANDS 85 445 28 327 
PORTUGAL 5 334 4 624 
UNITED KINGDOM 26 875 36 375 
COMMUNITY TOTAL 821 941 626 615 
(1) Including infringements of the AETR Agreement. 
(2) Figure for 1990. 
(3) Figure for roadside checks. 
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On the subject of penalties, it should be added that Greece is the sole Member 
State which reported having imposed prison sentences. 
In September 1990, Belgium introduced a system of on-the-spot fines for certain 
infringements (Law of 6 May 1985 and Royal Order of 12 July 1989). 
In Germany, the Federal Office of Long-distance Transport is responsible for 
fines imposed on undertakings with no office, agency or driver resident in 
Germany. The labour inspectorates in each Land are responsible for fines imposed 
on drivers and undertakings established in Germany. 
In the United Kingdom, the vehicles of non-UK drivers are immobilized until the 
infringement has been settled. 
The following tables contain details of the penalties: 
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Table 7 
MEMBER STATE PENALTIES IN 1986 
BELGIUM (1) 
DENMARK (1) 
GERMANY (1) 
GREECE (2) 53 521 days imprisonment 
Dr 316 500 (ECU 2 155) 
SPAIN (1) 
FRANCE (3) 13 707 
IRELAND (1) 
ITALY (1) 
LUXEMBOURG (1) 
NETHERLANDS (1) 
PORTUGAL (1) 
UNITED KINGDOMO) 
(1) No information. 
(2) Figure for the period from 1 January 1986 to 31 December 1987, 
excluding cases still pending. 
(3) Approximate number of fines imposed by the courts in cases in which 
action was taken on official reports drawn up by labour inspectors 
and road traffic controllers. 
- 15 -
Table 8 
PENALTIES IN 1987-1988 
MEMBER STATE • 
NATIONAL CURRENCY ECU 
BELGIUM (1) 
DENMARK (1) 
GERMANY (1) 
GREECE (2) 1 740 days' 
imprisonment 5 017 
840 600 
SPAIN (3) 121 241 000 881 106 
FRANCE (4) 22 286 
IRELAND (1) -
ITALY (1) 
LUXEMBOURG (1) 
NETHERLANDS (5) 13 721 400 5 822 492 
PORTUGAL (6) 26 859 161 
UNITED KINGDOMO) 
(1) 
(2) 
(3) 
(4) 
(5) 
(6) No information. 
Figure for the period from 1 January 1987 to 31 December 1989. 
Figure for 1988. Penalties proposed. 
Approximate number of fines imposed by the courts in cases in which 
action was taken on official reports drawn up by labour inspectors 
(transport) and road traffic controllers. 
Figure for the period from 29 September 1986 to 31 December 1988, 
including penalties for infringements of the AETR Agreement. 
Figure for the second and third quarters of 1987 and for 1988. 
- 16 
Table 9 
MEMBER STATE PENALTIES IN 1989-1990 
NATIONAL CURRENCY ECU 
BELGIUM (1) 
DENMARK (1) 
GERMANY (1) 
GREECE (2) 250 000 1 315 
SPAIN 1 356 117 563 10 439 021 
FRANCE (3) 22 644 
IRELAND (1) 
ITALY (1) 
LUXEMBOURG (1) 
NETHERLANDS 14 825 450 6 380 132 
PORTUGAL 60 246 340 
UNITED KINGDOMO) 
(1) No information. 
(2) Figure for the period from 9 October 1989 to 9 April 1990, based on 
the checks by the Ministry of Labour. 
(3) Approximate number of fines imposed by the courts in cases in which 
action was taken on official reports drawn up by labour inspectors 
(transport) and road traffic controllers. 
- 17 -
IV. MULTILATERAL MUTUAL ASSISTANCE BETWEEN MEMBER STATES AND NOTIFICATION 
OF INFRINGEMENTS 
The Belgian transport authorities were informed of the reports drawn 
up by German, Dutch and French inspectors on Belgian crews. Every 
six months they too send the competent authorities in the other 
Member States, for information, lists of the official reports drawn 
up in respect of members of crews of vehicles registered in those 
countries. However, the information received and given on 
infringements committed by non-residents is incomplete. 
Spain reported that in 1988 it was notified of the infringements 
committed by Spanish drivers in France and the Netherlands. 
In Germany, the Federal Office of Long-distance Transport is 
responsible for monitoring compliance with the Community's social 
legislation. In 1990 the Federal Office received notifications of 
the infringements of Regulations (EEC) No 3820/85 and 3821/85 
committed by German drivers in the Netherlands (319), Belgium (378) 
and France (979) only. Conversely, the Federal Office of Long­
distance Transport sent 2 821 notifications to Belgium, 715 to 
Denmark, 186 to Spain, 960 to France, 150 to the United Kingdom, 94 
to Greece, 1 269 to Italy, 24 to Ireland, 206 to Luxembourg and 4 418 
to the Nether lands. 
Also, in 1990 the Federal Office sent the other Community Member 
States 1 600 requests for information concerning undertakings' 
organizational structure, the persons is charge of undertakings, 
vehicle owners, addresses or places of residence. 
France reported that it sent the other Member States lists of their 
nationals who had infringed the Community road transport regulations 
on French territory. In return, France received notice of 
infringements allegedly committed by French drivers in Germany, 
Belgium, Italy, the Netherlands, the United Kingdom and Luxembourg. 
No indication was given of the number of infringements involved. 
In 1990 Greece exchanged information with France and Germany. 
Ireland reported that over the period from 1 January 1985 to 
28 September 1986 it informed the United Kingdom authorities of 43 
infringements and the French authorities of 1 infringement and was 
informed of 77 infringements committed by Irish drivers in the United 
Kingdom, of 14 in France and of 2 in the Netherlands. Ireland also 
informed the United Kingdom authorities of 116 infringements and 
Spain of 1 between 1986 and 1988. 
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Table 10 
CONCERTED CHECKS IN 1989-1990 
MEMBER STATE 1 — 
Number States concerned 
BELGIUM 11 D, F, L, NL, UK 
DENMARK 
GERMANY 8 B, D, F, L, NL 
GREECE 
SPAIN 2 F -
FRANCE - B, D, E, L, UK 
IRELAND 
ITALY (1) 
LUXEMBOURG 10 B, D, F, NL 
NETHERLANDS 
PORTUGAL 
UNITED KINGDOM 3 B, F 
(1) None carried out pending publication of the Ministerial Decree 
implementing Directive 88/599/EEC. 
19 
For 1989-1990: 
Notifications sent to: 
Be I g I urn 5544 
Denmark 379 
Germany 2390 Greece 20 
Spain 1314 
France 2813 Ireland 23 
Italy 685 
Luxembourg 238 Portugal 66 
United Kingdom 32 
EC total 13 504 
Notifications received from: 
Belgium: 302 Germany: approximately 7385 France: 1 Luxembourg: 1 
The United Kingdom informed the other Member States of the following 
numbers of infringements in 1989-1990: 
Be I g i urn 
Denmark 
Germany 129 
18 
100 Greece 
Spain 
France 122 
5911 Ireland 226 
Italy 88 
Luxembourg 6 Nether lands 
Portugal 139 
10 
EC total 1 297 
This cooperation was maintained with the aid of meetings with 
representatives of various Member States (Belgium, Germany, France, Italy, 
Luxembourg and the Netherlands) and by means of exchanges of inspectors 
with France. 
No precise information on this point: was received from the other Member 
States. 
- 20 -
Table 10 
CONCERTED CHECKS IN 1989-1990 
MEMBER STATE 1 —— 
Number States concerned 
BELGIUM 11 D, F, L, NL, UK 
DENMARK 
GERMANY 8 B, D, F, L, NL 
GREECE 
SPAIN 2 F -
FRANCE - B, D, E, L, UK 
IRELAND 
ITALY (1) 
LUXEMBOURG 10 B, D, F, NL 
NETHERLANDS 
PORTUGAL 
UNITED KINGDOM 3 B, F 
(1) None carried out pending publication of the Ministerial Decree 
implementing Directive 88/599/EEC. 
- 21 -
COMMENTS AND SUGGESTIONS BY THE MEMBER STATES 
As in the past, Belgium regretted that no information was received 
from the gendarmerie. It is therefore reasonable to assume that the 
number of infringements detected was higher than reported. 
The Federal Republic of Germany pointed out that tougher checks on 
passenger transport during the high season revealed that most of the 
infringements were related to use of the recording equipment. 
The German Government stated that application of the Community's new 
social legislation was very complicated and that the situation was 
made even more difficult by the diversity of the rules in force 
(Regulation (EEC) No 3820/85 and the AETR Agreement). It therefore 
remains in favour of rapid approximation of the various 
provisions^1) and supports all measures aimed, in particular, at 
standardizing inspection and ensuring more effective implementation 
of the social legislation in the field of road transport in the 
Member States. It also felt that the monitoring measures and 
penalties should be harmonized and that exchanges of information 
between Member States should be encouraged. 
Greece reported that the departments responsible for monitoring 
application of the social legislation had encountered numerous 
problems during their checks on vehicles used for international 
transport, due mainly to language differences. Publication of a 
multilingual guide would be desirable. Greece also suggested 
organizing seminars to provide the national officials responsible 
for implementation of the legislation with an opportunity to 
exchange views and information. 
Luxembourg reported a marked improvement in application of the 
social legislation towards the end of 1989, following a campaign to 
inform undertakings of the content of the legislation. 
(1) Following the amendments adopted by the Inland Transport Committee of 
the United Nations Economic Commission for Europe in Geneva, which 
entered into force on 24 April 1992, the AETR Agreement has now been 
aligned on the corresponding Community legislation, relevant 
Community legislation. 
- 22 -
The Netherlands stressed that 60.4% of the infringements in 1986 
concerned use of the tachograph, compared with Just 28.3% in 1987-
1988 and 24.7% in 1989-1990. 
It also called for simplification of the existing system and 
introduction of the concept of "working time". Rules on the maximum 
authorized working time could be adopted and the daily rest period 
could be extended. The Netherlands strongly support the introduction 
of on-board computers, under certain conditions. 
The United Kingdom mentioned that until 1990 it had had difficulties 
with compilation of some of the data due to problems with the 
computer system, but that these had now been resolved. The figures 
supplied do not include the campaigns by the Ministry of Transport's 
traffic examiners, since the police forces were unable to supply 
figures on their checks. 
Vi. FINAL CONCLUSIONS BY JJJE COMMISSION 
The first point which must be made is that the information sent by 
the Member States is still insufficient. In some cases it is even 
non-existent. This causes problems, both quantitatively with regard 
to compilation of the report and qualitatively with regard to its 
assessment, consequently making it difficult to draw valid 
conclusions. In this respect, use of the definitive standard form 
referred to in Article 16(3) of Regulation (EEC) No 3820/85 should 
improve the situât ion.<1> 
The Commission hopes that the new standard form introduced for the 
information from the Member States will provide it with more 
detailed, readily comparable data and will exact a greater effort 
from those Member States which seem not yet to have fully realized 
the importance of their obligations in this field. 
A brief, overall review shows a considerable improvement in 1987-
1988, compared with previous years, in the number of roadside checks 
and checks carried out on the premises of undertakings, although the 
total fell again in 1989-1990. The number of infringements and 
penalties remained generally similar. 
Some progress has been made with mutual assistance between the Member 
States, although a greater effort in this area would be desirable. 
The number of concerted and coordinated checks remains insufficient. 
(1) Commission Decision of 22 February 1993, 0J No L 72, 25.3.1993, 
pp 33-35. 
- 23 -
Establishment of a more effective inspection system remains one of 
the priorities. The committee for the adaptation of Regulation (EEC) 
No 3821/85 to technical progress has continued its work in this 
connection. To the same end, the Commission adopted Regulation (EEC) 
No 3688/92 of 21 December 1992.<1> 
Technical modernization of the current system through the development 
of modern digital recording equipment as on alternative to the 
tachograph, combined with measures to encourage wider use of the best 
practice, are amongst the measures proposed in the action programme 
for the further development of the common transport policy.^2) In 
this context, effective implementation and enforcement of the 
legislation relating to road transport, particularly the social and 
technical regulations, is one of the priorities chosen for the 1993 
exchanges under the action plan for the exchange between Member State 
administrations of national officials who are engaged in the 
implementation of Community legislation required to achieve the 
internal market (the Karolus Programme).^3) 
At the same time, there is a clear need for simplification of the 
Community rules on driving time and rest periods which, in turn, 
would contribute towards more effective application of the rules by 
the Member States.<2> 
On working time in particular,, the relevant Commission departments 
will continue their efforts to bring about a constructive exchange of 
views between all parties concerned, within the relevant joint 
committee. The Commission could decide to submit whichever proposals 
it sees fit in order to establish common rules on this subject.^2) 
The Commission will endeavour to carry out this work as quickly as 
possible since it is obvious that, in the context of the single 
market for road transport, better implementation of the social 
legislation is essential to improve drivers' working conditions, 
ensure fair and reasonable competition between the various forms of 
transport and guarantee a high level of road safety. 
(1) 0J No L 374, 21.12.1992, p. 12. 
(2) White Paper on "A global approach to the construction of a Community 
framework for sustainable mobility", paragraph 387. 
(3) Commission Decision of 22 December 1992, OJ No L 8, 14.1.1993, 
pp 17-31. 
to* 
ISSN 0254-1475 
COM(93) 494 final 
DOCUMENTS 
EN 06 07 
Catalogue number : CB-CO-93-530-EN-C 
ISBN 92-77-59791-7 
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