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
Date: 2003-06-05
Institutions: European Commission
Subjects: carriage of goods, carriage of passengers, drivers, in-service training, road transport

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 5.6.2003
COM(2003) 296 final

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

(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

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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.

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