Proposal for a Directive of the European Parliament and of the Council on minimum conditions for the implementation of Directive 2002/15/EC and Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities
Date: 2003-10-21
Institutions: European Commission
Subjects: European social policy, labour law, occupational safety, road safety, road transport

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.10.2003
COM(2003) 628 final

2003/0255 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on minimum conditions for the implementation of Directive 2002/15/EC and Council
Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating
to road transport activities

(presented by the Commission)

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EXPLANATORY MEMORANDUM

INTRODUCTION

This proposal abrogates Directive 88/599/EC1 and replaces it with a new set of rules.
It follows on from the Commission’s White Paper on European transport policy for
2010: time to decide2, in which the Commission indicated that it would tighten up on
checks  and  penalties.  The  Commission  White  Paper  specified  four  measures  to  be
taken  –  promotion  of  efficient,  uniform 
implementation  and
monitoring of Community road transport legislation; harmonisation of penalties and
conditions  for  immobilising  vehicles;  increased  checks;  furthering  systematic
exchanges  of  information.  The  first  element  was  addressed  in  the  Commission’s
proposal  to  amend  Regulation  (EEC)  3820/853;  the  remaining  measures  are  dealt
with in this proposal.

interpretation, 

The proposal also responds to the generally perceived view – expressed consistently
by  the  European  Parliament4,  in  Transport  Council  Resolutions5  and  through
statements  from  road  transport  social  partners  meeting  at  European  level  –  that  an
improvement  in  enforcement  of  Community  law  concerning  road  transport
operations within the Union is imperative.

Much  has  changed  for  road  transport  within  the  Union  since  the  current  1988
Directive was introduced. First, there has been the creation of the single market and
the consequent liberalisation of the road transport sector. Secondly there has been the
liberalisation of cabotage within the Union with effect from July 1998. Thirdly there
has been a significant increase in trade with Central and Eastern European countries
as  a  result  of  the  Union’s  pre-accession  strategy.  These  factors  have  led  to  a
considerable increase in intra-Community transport and a sharpening of competition
between  Community  hauliers  as  well  as  between  Community  and  third  country
hauliers. The temptation for some operators to gain a competitive advantage by not
observing the rules on driving times, breaks or rest periods, as set out in Regulation
(EEC) 3820/85, has become stronger.

At  the  same  time  over  the  past  decade,  the  Community  biennial  reports6  on  the
implementation  of Regulation (EEC) 3820/857 have  recorded  a  rise  in  enforcement
activity  as  well  as  a  considerable  increase  in  the  number  of  offences  detected.  In
terms of roadside checks, it has been calculated that at least 50% of all infringements
thus detected concern these social rules.

OJ L 325, 29.11.1988, p. 55.
COM(2001) 370 final.
COM(2001) 573 final.
Grosch report A4-0032/99 on transport policy and the harmonisation of social legislation.
Council  Resolution  85/C  348/01  of  20  December  1985  to  improve  the  implementation  of  the  social
Regulations  in  road  transport;  Council  Resolution  94/C  309/03  of  24  October  1994  on  road  freight
transport in the Single European Market.
COM(1993)  494  final;  COM(1995)  713  final;  COM(1997)  698  final;  COM(2000)  84  final;
COM(2001) 767 final
OJ L 370, 31.12.1985, p. 1

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The  road  safety  implications  of  professional  driver  fatigue  as  a  result  of  excessive
working  or  driving  time  and  minimal  rest  periods  have  been  well  documented  in
research8.  A  Commission-financed  study9  into  professional  drivers,  both  long-haul
and  short  distance,  passenger  and  goods,  in  Austria,  Germany,  France  and  Italy
found, for example, that 23% of all drivers admitted to falling asleep at the wheel in
the course of their work, if they worked between 40 and 50 hours; this figure doubled
to  45%,  if  the  driver  worked  50-60  hours10.  With  the  increasing  night-time  use  of
roads to avoid daytime congestion, the study found through interviews with drivers
that 74% of those who drove for four nights or more admitted to having fallen asleep
at  the  wheel  over  six  times  in  the  previous  year11.  Moreover  it  is  a  fact  that  most
accidents  happen  in  the  early  hours  of  the  morning.  These  disturbing  statistics
underline the need for the Community to address the issue of enforcement seriously,
and  for  Member  States  to  fulfil  their  responsibilities  to  their  citizens.  While  new
technologies are emerging to help the driver to regulate his driving activities safely,
in the meantime further action on enforcement is needed.

By  Regulation  (EC)  2135/9812,  the  Council  agreed  to  the  introduction  of  a  digital
tachograph  to  render  more  secure  and  more  accurate  the  recording  and  storage  of
data  on  driving  times,  breaks,  rest  periods  and  other  work.  The  Committee  for  the
adaptation  of  the  tachograph  to  technical  progress  agreed  on  the  technical
specifications in March 2000. The Commission finally adopted the specifications in
Regulation  (EC)  1360/200213,  which  was  published  on  5  August  2002.  24  months
after this date of publication the digital tachograph will become obligatory in all new
commercial  vehicles  to  which  Regulation  (EEC)  3820/85  applies.  The  new
tachograph  will  allow  a  faster,  more  accurate  sifting  of  data  and  will  minimise  the
possibility  of  fraud.  This  proposal  seeks  to  provide  a  framework  for  the  rules
governing the checks using this instrument, encouraging a  common approach while
allowing  sufficient  discretion  for  national  enforcement  agencies  to  adapt  it  to  their
particular circumstances.

Both  the  European  Parliament  and  the  Council  have  advocated  a  strengthening  of
enforcement in the road transport sector. As regards the Council, as far back as 1985
when the initial social Regulations were being introduced, it stipulated clearly and in
detail  in  a  resolution  the  type  of  enforcement  it  required14.  While  some  of  the
declarations  issued  by  the  Council  were  taken  up  in  Directive  88/599/EC,  other
laudable  actions  were  left  to  the  initiative  of  individual  Member  States.  The
Commission  has  decided  to  take  up  some  of  these  declarations  within  the  new

For example, Hamelin, P., Le travail des conducteurs routiers, structures de production, conditions de
travail  et  risque,  Société  des  Ingénieurs  de  l’Automobile  (SIA),  Paris,  p.  23;  Maycock,  G.,  Driver
sleepiness  as  a  Factor  in  Car  and  HGV  accidents,  TRL,  Crowthorne,  UK.  1995,  p.  55;
Van Ouwerkerk F.,  Relationships  between  Road  Transport  working  conditions,  fatigue,  Health  and
Traffic Safety, Traffic Research Centre, University of Groningen, 1987, p. 35.
‘Le  lien  entre  la  durée  du  travail  des  conducteurs  routiers  et  la  sécurité  routière  au  sein  de  l’Union
Européenne’  Etude  no.  B95-B2  7020-SIN  3973  (June  1997)  Universität-Gesamthochschule  Kassel,
Institut für Arbeitswissenschaft.
See footnote 8, p. 204.
See footnote 8, p. 215.
OJ L 274, 9.10.1998, p. 1.
OJ L 207, 5.8.2002, p. 1.
Council  Resolution  85/C  348/01  of  20  December  1985  to  improve  the  implementation  of  the  social
Regulations in road transport.

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proposal  to  improve  the  common  Community  framework  for  such  enforcement
operations. In another Resolution15 the Council emphasised the need for a consistent
and  uniform  application  and  enforcement  of  all  the  regulations  in  the  road  haulage
sector.  It  encouraged  the  Commission  to  examine  ways  of  improving  co-operation
amongst  administrations,  which  are  appropriate  for  effectively  identifying  and
prosecuting infringements of the social regulations. Finally,  it  called  upon  Member
States  to  use  state  of  the  art  technology  to  prevent  infringement  of  road  freight
transport  regulations.  The  Commission  intends  by  this  proposal  to  address  the
Council’s concerns.

Discussions  in  the  Council  and  European  Parliament  of  the  Commission  proposal,
which led to the sectoral working time Directive 2002/15/EC,16 emphasised the need
for  effective  enforcement  of  the  rules.  For  this  reason,  and  given  the  close  link
between the Community legal instruments on working time and driving time, it was
decided  to  provide  a  more  comprehensive  approach  to  enforcement  in  this  area  by
including enforcement of working time rules within this proposal.

The European Parliament has also often called for better enforcement of the current
social  rules,  particularly  during  debates  on  the  biennial  Commission  report  on  the
implementation of Regulation (EEC) No 3820/8517. Indeed the own-initiative report
by Mr Grosch MEP on transport policy and the harmonisation of social legislation,
which  incorporated  Parliament’s  comments  on  the  biennial  report,  called  upon  the
Commission  to  ensure  that  in  this  field  thorough  controls  are  put  in  place  together
with effective sanctions.18 The numerous Parliamentary Committee amendments put
forward during 2002  to  the  Commission proposal  to replace the  current  Regulation
(EEC)  No  3820/8519,  the  stance  of  the  rapporteur,  Mr  Markov20,  and  the  debate
particularly in the Regional Affairs, Transport and Tourism Committee underlined a
general concern to enhance the quantity and  quality  of  checks  in  the  road  transport
sector.  Indeed  the  Parliament  at  first  reading  on  14  January  put  forward  some
amendments to the Commission proposal on the Regulation, which the Commission
accepted  while  indicating  that  it  would  address  them  through  a  separate  proposal.
The Commission will seek to meet all these concerns through this proposal.

Social  Dialogue 

Within  the  road  transport  sector  the  social  partners,  organised  in  the  form  of  a
Commission
Committee 
Sectoral 
Decision 98/500/EC21  at  Community  level,  have  long  called  for  better  enforcement
of the rules to promote a level playing field within the single market and ensure that
the  driver’s  working  conditions  provided  for  in  the  legislation  are  respected.  The
Commission will seek to take account of their concerns for effective and responsible
enforcement in its proposal.

established 

by 

Council Resolution 94/C 309/03 of 24 October 1994 on road freight transport in the Single European
Market.
OJ L 80, 23.3.2002, p. 35.
Schlechter report A4-0106/97 on the Commission Report concerning the implementation in 1991-1992
of  Regulation  (EEC)  No.  3820/85  on  the  harmonisation  of  certain  social  legislation  relating  to  road
transport  (Seventeenth  report  by  the  Commission  on  the  implementation  of  the  social  legislation
relating to road transport).
See footnote 4.
OJ C 51 E, 26.2.2002, p. 234.
Markov report A4-0388/2002.
OJ L 225, 12.8.1998, p. 27.

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15. 

The  European  Conference  of  Ministers  of  Transport  (ECMT)  has  also  consistently
and  over  many  years  advocated  better  enforcement  practice.  For  example,  in  its
Resolution No 93/422, the Ministers endorse the conclusions of the report on ‘Lorries
and road traffic safety’23, which advocates the following: a greater number of checks
on  the  road  and  especially  at  the  premises  of  undertakings;  co-liability  of
shipper/employer;  diversification  of  checks;  inclusion  of  spot  fines;  enhanced
co-operation  between  Member  States;  harmonisation  of  checks  and  sanctions  of
Heavy  Goods  Vehicles.  More  recently  the  ECMT  has  endorsed  a  policy  of  linking
the issuing of further multilateral quotas of transport licences to better  enforcement
by ECMT countries of social legislation24. The Commission has taken note of these
recommendations.

The proposal will therefore address a commonly held call for better, more effective
enforcement of Community rules.

The Commission has also undertaken a cost-benefit analysis of the new provisions to
be  introduced.  A  variety  of  scenarios  were  investigated,  and  the  most  beneficial
percentage  increases  for  overall  checks  and  minimum  percentage  breakdown  of
roadside  and  premises  inspections  highlighted.  The  report  concerned  drew  on
experience  and  statistics  not  only  from  Member  States  but  also  from  similar
enforcement operations in the United States of America as well as from considerable
research databases25.

CONSULTATION

The  Commission  has  sought  over  the  years  to  identify  those  areas  within  which
enforcement  could  be  improved.  In  October  1998,  it  issued  a  comprehensive
questionnaire to Member States asking for details on how Member States considered
that enforcement in the social field could be improved. Most Member States replied
and the Commission has taken up some of the ideas set out in the responses received.
The need for better co-operation between Member State enforcement agencies was a
recurring theme and has been addressed in this proposal.

Currently, the Commission is funding a project involving enforcement officers from
all  Member  States  and  led  by  the  Swedish  National  Road  Administration26.  The
broad  aim  is  to  improve  the  enforcement  of,  and  compliance  with,  the  social
legislation  through  an  efficient  implementation  of  the  digital  tachograph  and  an
improvement  and  harmonisation  of  checking  methods  and  practices.  While  the
details of  how to introduce the digital tachograph  system  throughout  the  Union  are
being  discussed  and  enforcement  practice  revised,  this  proposal  provides  a  general
framework  of  rules.  This  framework  reflects  the  initial  discussion  topics  of  this
group.

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CEMT/CM(1993) 4 final.
CEMT/CM(93) 3.
CEMT/CM(2001) 6 final.
Cost-Benefit  Analysis  of  Road  Safety  Improvements,  12  June  2003,  ICF  Consulting  Ltd  (UK)  with
Imperial College Centre for Transport Studies, London UK (hereafter: the ICF study).
Vägverket (SNRA) project: Implementation of the digital tachograph.

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16. 

17. 

18. 

The  Commission  has  also  consulted  Euro  Control  Route  (ECR),  an  international
organisation  of  enforcement  officers  originally  comprising  participants  from  the
Benelux  enforcement  agencies.  Since  the  formal  administrative  agreement  in  1999
between Benelux and France, a total of eight Member States have now acceded to the
organisation,  namely  Benelux,  France,  Germany,  Ireland,  United  Kingdom  and
Spain. ECR provides a forum to exchange ideas on best practice, and has three aims:
to  facilitate  an  exchange  of  intelligence;  to  organise  joint  enforcement  operations;
and  to  promote  cross-border  practical  training.  Several  members  of  ECR  have
commented on the Commission’s intentions and account has been taken of most of
their comments in the proposal.

The Sectoral Social Dialogue Committee on road transport was invited to comment
on a pre-draft text but so far it has not officially replied.

In  its  opinion  at  first  reading  delivered  on  14  January  200327,  the  European
Parliament  has  already  endorsed  the  introduction  of  various  measures  contained  in
this  proposal  to  strengthen  enforcement  practice  throughout  the  Union,  following
discussions on the Commission’s proposal to amend the main Regulation concerning
driving times and rest periods28.

C.

LEGAL BASE

19. 

The legal base is Article 71 of the EC Treaty (co-decision procedure).

D.

20. 

21. 

OBJECTIVE AND SCOPE

The  proposal  aims  to  update  and  enhance  the  quantity  and  quality  of  enforcement
operations.  From  the  statistics  provided  for  the  Commission’s  biennial  reports,  it
appears  that  some  Member  States  have  already  reached  or  exceeded  the  proposed
increase  in  checks  on  a  regular  basis.  The  introduction  of  the  digital  tachograph
without retro-fitting will initially cause difficulties in enforcement given the need to
check  a  mixture  of  old  tachograph  discs  and  the  new  electronic  data  to  obtain  a
coherent picture. Hence it is proposed that the rise in quantity of checks is introduced
in  stages,  reflecting  the  gradual  replacement  of  vehicle  fleets  and  the  consequent
predominance  of  the  new  tachograph.  Deterrence  is  not  only  the  potential  fine
imposed,  it  is  also  the  likelihood  of  being  detected.  An  increase  in  the  number  of
checks can therefore encourage greater compliance.

To enhance the quality of checks, it is essential that enforcement officers from all the
relevant competent authorities be given sufficient training and equipment. Whereas it
is in the first place up to Member States themselves to ensure that officers receive the
necessary  training  in  a  national  context,  the  proposal  places  a  requirement  on
Member  States  to  establish  joint  training  programmes  and  exchanges  with  other
Member States and to provide officers with a standard set of equipment. Only when
enforcement officers have  the  means to  address  the  increasing  problem  of  offences
against  Community  rules,  can  the  Community  rightly  expect  results.  The  list  of

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28

See footnote 20.
See footnote 3.

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23. 

24. 

equipment may be updated by the Commission acting on advice from the committee
of national representatives.

It is often the case that a number of competent authorities within a Member State are
responsible for  enforcing European  road transport social legislation. This leads to a
lack of coordination of checks within the Member State as well as difficulties for the
enforcement  authorities  of  neighbouring  Member  States  to  identify  correctly  the
competent  authority  with  which  they  should  be  maintaining  dialogue.  It  can  also
mean that  differing priorities  are assigned  to  checks  and  that  liaison  between  those
checking  at  the  premises  and  at  the  roadside  is  variable.  Instead  of  a  coherent
enforcement  strategy  in  road  transport,  separate  agencies  may  pursue  their  own
activities to enforce compliance, perhaps to the detriment of an effective and efficient
use of the overall resources. The Commission’s  related  proposal  on  enforcement  in
the  field  of  road  safety  also  recognises  this  as  a  problem  and  in  both  instances  a
common approach is proposed, namely via the designation by the Member States of
an enforcement co-ordination point as explained below.

The  Commission  proposal  requires  Member  States  to  designate  an  enforcement
coordination point and places upon the relevant competent authority the requirement
the  development  and
to  co-ordinate  not  only  statistical  returns  but  also 
implementation,  in  consultation  with  other  internal  competent  authorities,  of  a
coherent enforcement strategy, to be communicated regularly to the Commission and
other Member States.

The  Commission  is  aware  that  dialogue  between  enforcement  agencies  in  different
Member  States  is  currently  variable  and  recognises  that  a  system  should  be  put  in
place  for  a  regular  exchange  of  information  and  best  practice  between  Member
States. To that end it proposes four measures:

(a)

(b)

(c)

the  promotion  of  electronic  data  exchange  systems  between  enforcement
coordinating  points;  and  in  any  case  the  revision  of  the  current  Community
common  format  data  exchange  document  as  set  out  in  Commission  Decision
93/172/EEC29;

an  increase  in  the  minimum  number  of  concerted  checks  by  Member  State
competent authorities;

the  setting  up  of  a  standing  committee  comprising  representatives  of
enforcement  agencies  from  all  Member  States  to  exchange  experience,
information  and  best  practice  and  to  address  jointly  any  enforcement  issues
arising at a European level; and

(d)

encouragement  of  joint  training  initiatives  between  enforcement  authorities,
such as that currently undertaken by Euro Control Route30.

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OJ L 72, 25.3.1993, p. 30.
Euro Control Route: a co-operation framework for Member State road transport enforcement agencies
formalised  in  an  Administrative  Agreement  between  B,  NL,  LUX  and  F  on  5  October  1999  and  to
which D, IRL, UK and E have since adhered, with other current and future Member States' authorities
expressing interest (DK, PL) as well as an EEA country (N).

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25. 

26. 

27. 

E.

28. 

29. 

The  Commission  proposal  also  addresses  the  issue  of  sanctions.  While  the
harmonisation of sanctions remains a  subject which Member  States are reluctant to
pursue,  the  Commission  considers  that  excessive  variations  in  Member  States’
treatment  of  offences  against  Community  legislation  do  not  offer  the  industry  a
coherent message on the importance of adhering to the  rules. To promote clarity in
this delicate  but important  aspect  of  enforcement,  the  Commission  proposal  invites
Member States to agree on a list of offences which would be commonly recognised
as serious. In this way a common view on enforcement priorities could be introduced
throughout the Union.

General  findings  of  the  cost-benefit  study  mentioned  before  are  that  there  is  a  net
benefit-cost ratio of full implementation of all the proposed measures of 4.18 to 1 for
the  EU  as  a  whole.  These  figures  do  not  take  into  account  up-front  costs  of
introducing the new measures and the lag between incurring the costs and realising
the  benefits.  An  analysis  of  the  benefit-cost  ratio  of  full  implementation  over  ten
years  gives  a  ratio  of  3.54  to  1  for  the  EU  as  a  whole31.  Moreover,  the  study
estimates  that  implementation  of  the  proposed  measures  will  result  in  a  maximum
cost  reduction  of  EUR  4  billion  (or  0.047%  in  terms  of  percentage  of  GNP)32.
Implementing  the  proposed  measures  would  moreover  result  in  a  reduction  of  951
fatalities and 59 529 injuries annually in the EU33.

The  Commission  is  keen  to  ensure  that  uniform  and  effective  enforcement  of
Community social rules is facilitated, that developments in this field are adequately
monitored and that good practice is encouraged. To that end it advocates a standing
committee  through  which  common  views  and  decisions  on  the  current  application
and enforcement of the rules can be reached swiftly and decisively. This Committee
mirrors  the  Committee  put  forward  in  Commission  proposal  COM(2001)  573  final
and  would  be  subsumed  into  that  proposed  Committee  were  the  above  proposal
adopted.  The  Commission  envisages  a  clear  link  between  the  Committee  and  the
Joint  Committee  of  social  partners  meeting  at  European  level  through  the  new
Committee’s rules of procedure.

SPECIFIC PROVISIONS

The provisions of the proposed  Directive  are explained in the following paragraphs
(a comparative  table showing the text  of  the  current  Directive  88/599/EEC  and  the
provisions of the proposal is also attached).

Article  1  sets  out  the  purpose  of  the  Directive  and  the  legislation  to  which  the
following provisions on enforcement are applicable. The new sectoral working time
legislation,  Directive  2002/15/EC,  is  now  included.  If  there  is  to  be  respect  for  the
legislation,  then  coherent enforcement  of the  provisions  of  this  Directive  and  those
for driving time and rest periods is vital. Moreover, problems identified can be raised
and  addressed  in  the  Committee  forum,  where,  in  liaison  with  the  social  partners
committee, they can be more easily resolved.

31

32

33

ICF study p. 50.
ICF study, p. vii.
ICF study, p. vii.

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30. 

31. 

32. 

33. 

34. 

Article 2 sets out the checking system to be implemented in the Member States. The
requirement for a representative sample in checking is maintained in the proposal but
also made more detailed in terms of statistical breakdown. Both Article 2(3) and the
new  Article  3  stipulate  that  the  statistics  provided  by  Member  States  should  be
broken down in greater detail. Not only will this facilitate a more targeted approach
in  terms  of  road  network  and  particular  road  transport  sectors  within  any  future
enforcement  strategy,  it  will  also  allow  an  overview  of  developments  across  the
Union, and will highlight  common  problems. These potential  problem areas can  be
discussed in the Committee set up in Article 13 and also  can be highlighted  in any
future Commission reports.

the 

scope  of  Regulation 

Article  2(2)  raises  the  minimum  overall  percentage  of  checks  from  1%  to  3%.
Several  Member  States  already  achieve  this  higher  standard  and  as  most  Member
States comfortably reach the current 1% of days worked by drivers of vehicles falling
within 
and
Directive 2002/15/EC, it is time to raise the standard to one that is both challenging
and  achievable.  In  so  doing, 
taking  account  of
Amendments 60,  63,  70(c)  and  an  element  of  Amendment  11  in  the  European
Parliament’s  opinion  at  first  reading  on  the  Commission  proposal  to  amend
Regulation (EEC) No 3820/8534, all of which advocate an increase in the minimum
percentage of checks.

(EEC)  Nos  3820/85,  3821/85 

the  Commission 

is  also 

Article 2(2) second paragraph allows the Committee established under Article 13 to
agree on an increase of the percentage of checks above the proposed 3%. This is in
recognition of the fact that once the digital tachograph is introduced, inspectors will
have  to  deal  with  a  system  where  both  the  old  and  new  tachographs  will  be  in  use
and have to check a driver’s hours: paper discs, vehicle unit and driver card data plus
any printouts. However, as fleets are renewed and the digital tachograph becomes the
predominant instrument, it represents a means of identifying any infringements more
quickly and accurately. Consequently, it will become feasible to raise the quantity of
checks.  The  impact  assessment  study  has  found  that  raising  the  number  of  checks
beyond 10% of days worked is unlikely to be cost beneficial35.

Article 2(2) third paragraph raises  the  minimum  proportion  of  checks  to  be  carried
out at the roadside or on the premises. Instead of at least 15% roadside checks and at
least 25% premises checks in the current provision, the proposal provides for at least
30%  roadside  and  at  least  50%  premises  checks.  The  impact  assessment  study
mentioned before has found that checks at the premises of transport firms are more
effective than roadside checks and more generally that encouraging transport firms to
maintain good safety management practices is highly effective in reducing lorry and
bus related accidents36.

Article 3 deals specifically with the statistics which Member States are to collect and
forward  to  the  Commission.  The  breakdown  into  various  subcategories  is  a  new
element  within  this  Directive.  It  will  allow  Member  States  and  the  Commission  to
analyse  in  more  depth  any  difficulties  with  the  current  rules  experienced  by  the
sector – see also paragraph 30 above.

34

35

36

See footnote 20.
ICF study, p. 51.
ICF study, p. 51.

9

                                                
35. 

36. 

37. 

38. 

39. 

Article  4(1)  reiterates  the  requirement  in  the  current  Directive  to  ensure  sufficient
coverage  of  the  road  network  by  roadside  checks.  However,  the  Commission  is
aware  from  enforcement  officers  as  well  as  the  road  transport  industry  that  the
number  of  lay-bys  and  service  stations  on  the  road  and  motorway  network  is
insufficient not only to allow drivers to take a break and comply with the legislation
but also for enforcement officers to carry out checks without holding up traffic. For
this  reason  Member  States  are  obliged  under  Article  4(2)(a)  to  make  sufficient
provision for lay-bys in road infrastructure plans, particularly along motorways, and
to ensure that service stations along motorways can function as checkpoints. There is
little point in requiring more roadside checks if there are not enough places to carry
out such checks.

While  roadside  checks  can  be  targeted  or  structured,  maintaining  an  element  of
random checks ensures that for the driver the likelihood of checks is still present over
the  whole  road  network.  The  provisions  of  Article  4(2)(b)  should  counteract  any
complacency on the part of the driver or indeed of the enforcement authority.

The  current  Directive  mentions  that  roadside  checks  should  be  carried  out  without
discrimination.  To  avoid  any  uncertainty  as  to  the  nature  of  discrimination,
Article 4(3) spells out the types of discrimination to be avoided, so that enforcement
is  carried  out  without  regard  to  nationality.  It  is  up  to  Member  States  to  ensure
through  the  guidelines  they  supply  to  enforcement  officers  that  this  provision  is
always respected in practice.

The  current  Directive  sets  out  a  list  of  elements,  which  should  form  the  basis  of  a
roadside  check.  The  proposal  in  Article  4(4)  puts  these  elements  in  an  Annex
(Part A)  and  adds  two  new  elements  in  terms  of  working  time:  maximum  weekly
working  time  and  night-time  working  time.  These  two  elements  could  also  be
checked  at  the  roadside.  In  so  doing,  the  Commission  addresses  elements  of
Amendments 10, Amendments 11 and 70(b) in the European Parliament’s opinion at
first reading on the Commission proposal to amend Regulation (EEC) No 3820/8537.

The current Directive stipulates that an authorised officer should be provided with a
list  of  principle  points  to  be  checked  plus  a  language  chart.  What  would  be  more
useful than a language chart is the provision of certain standard checking equipment,
as set out in the new Article 4(5)(b). It should be possible to update the description of
this equipment in the Annex II, as new and proven equipment becomes available on
the market. Hence, the possibility of amending this Annex through the Committee is
included in Article 15, as Committee representatives should know and could agree on
what  would  be  most  appropriate  and  widely  acceptable.  An  example  might  be  the
development of suitable enforcement software with relevant terminology in different
languages. In any case, to ensure effective enforcement, Member States will need to
invest in appropriate equipment for their staff.

40. 

Article  4(6)  reiterates  the  current  provision  by  which  possible  infringements  by  a
driver  of  a  vehicle  registered  in  another  Member  State  can  be  dealt  with  in
consultation with the Member State competent authorities concerned. This paragraph
is  specifically  linked  with  Article  7(1)(d)  which  seeks  to  facilitate  this  form  of
dialogue between enforcement authorities.

37

See footnote 20.

10

                                                
41. 

42. 

43. 

44. 

45. 

46. 

Article 5 concerns concerted checks. The minimum number of concerted checks has
been raised from two to six per year. From the biennial report on the implementation
of  Regulation  (EEC)  No  3820/85,  it  is  evident  that  a  number  of  Member  States
already  exceed  this  new  proposed  limit.  A  larger  number  of  such  checks  will
encourage  a  more  practical  and  coherent  dialogue  between  Member  State
enforcement authorities, as well  as  concentrate  activity  on  long  distance  operations
where driving times and rest period rules can frequently be breached.

Article 6 deals with checks at the premises of undertakings. Enforcement authorities
are obliged to take into account all elements of their past experience when drawing
up their checking schedules. Serious breaches of driving time and working time rules
identified  in  roadside  checks  will  now  entail  additional  checks  at  the  premises.
Indeed, checking the sectoral working time rules should also form part of the normal
enforcement regime. The tachograph records will allow a more thorough check to be
made of adherence to these rules.

Annex  I  (Part  B),  to  which  Article  6(2)  makes  reference,  sets  out  the  additional
checks  to  be  made.  Unlike  checks  at  the  roadside  there  is  no  discretion  here  to
concentrate on certain elements of the list to facilitate a quick and focused check. It
is  considered  that  checks  at  the  premises  should  always  be  a  thorough  affair.
However  the  option  in  Article  6(5)  for  authorities  to  ask  certain  low-risk  firms  to
forward  the  relevant  documents  for  them  to  check  is  maintained,  with  a  slight
adjustment to recognise the need to accommodate digital tachograph data.

As  enforcement  officers  who  check  premises  are  not  always  from  the  same
administrative  competent  enforcement  authority  as  those  performing  checks  on  the
roadside, it is necessary to ensure that they too are adequately equipped for the task,
hence reference to equipment set out in Annex II in Article 6(3)(b).

Article 6(4) obliges enforcement authorities of one Member State to take account of
any  information  received  from  the  primary  enforcement  body  of  another  Member
State  concerning  particular  transport  activities.  This  will  encourage  a  greater
coherence between  competent  authorities  and  a  greater  confidence  that  information
passed on will be acted on by other enforcement bodies.

to 

Article 7 introduces the concept of a coordinating enforcement body. Certain duties
are  ascribed  to  this  authority:  statistical  coordination  and  returns,  drawing  up  a
national  enforcement  strategy  (which  will  necessarily  need 
involve  all
enforcement  authorities  concerned),  and  representing  the  Member  State  to  other
Member  State  enforcement  bodies  as  well  as  being  on  the  proposed  Committee.
Member  States  are  obliged  to  inform  the  Commission,  and  thus  the  other  Member
States,  of  any  change  in  this  arrangement.  An  obligation  is  placed  on  this
coordinating enforcement body under Article 7(2) to actively promote collaboration
between  the  other  national  enforcement  agencies  concerned,  which  places  this
authority  in  a  key  position  to  develop  an  enforcement  strategy.  Moreover,
Article 7(3)  requires  that  the  forum,  to  be  instituted  by  the  Committee  under
Article 13,  will  not  only  facilitate  an  exchange  of  data,  intelligence  and  experience
but also provide a measure of peer review of  these  national  enforcement  strategies.
The way is also left open for the exchange of  information  to take place through an
alternative forum if the Committee so decides. This could be the Euro Control Route
group, which has expanded its membership to 8 Member States.

11

47. 

48. 

49. 

50. 

51. 

52. 

53. 

54. 

55. 

Article 8 deals specifically with the exchange of information between Member States
concerning enforcement of the Community road transport social rules. In view of the
widespread introduction of electronic data exchange systems within Member States,
it is logical, if Member States are serious about cross-border enforcement, to require
them  to  establish  such  a  system  across  the  Union.  It  is  recognised  that  the  current
standard reporting form set out in Commission Decision 93/172/EEC is rarely if ever
used in practice. An alternative system may be used or, if Member States so wish, an
updated standard form may be introduced.

Article  9  deals  with  offences.  To  encourage  a  more  effective  and  targeted
enforcement effort and  a  more  appropriate  application  of sanctions,  Member  States
will  have  to  establish  a  common  risk  rating  system  for  companies  (paragraph  1).
Under such a system, companies that adhere to the rules would be checked less and
companies with a poor track record would be checked more intensively. This could
facilitate a more efficient use of enforcement staff time and resources. Such a system
is  already  in  practice  in  some  Member  States  such  as  the  Netherlands,  and  also
throughout  the  United  States,  and  has  proved  an  effective  deterrent  and  method  of
resource management. It could now be an expression of best practice in enforcement
within the Union.

The criteria and modalities for such a risk assessment system should be determined
on a common basis to prevent distortion in enforcement effort throughout the Union.
The new Committee should determine the criteria for this purely operational matter
with input from the social partners.

Paragraphs 2 and 3 of Article 9 ensure that the full range of sanctions is available to
enforcement  authorities.  Special  mention  is  made  in  paragraph  3  of  proportionate
financial sanctions for those operators or indeed those along the transport chain who
have aided or abetted an infringement that has resulted in considerable financial gain.

Paragraph 4 sets out a number of infringements which can be commonly regarded as
serious  throughout  the  Union  and  be  treated  appropriately.  Under  paragraph  5,
individual  Member  State  sanctions  for  such  infringements  will  be  circulated  to  all
other Member States to indicate the different approaches adopted.

Article 10 lays down the standard paragraph on penalties.

As  a  result  of  information  received  from  Member  States  under  Articles  9  and  10,
under  Article  11  the  Commission  will  draw  up  a  report  comparing  and  contrasting
the relevant infringements and level of sanctions within the Union. On this basis, the
Commission  could  conclude  to  what  extent  any  further  harmonisation  in  this  area
may be feasible.

Article  12(1)  indicates  that  one  of  the  tasks  of  the  Commission  acting  through  the
proposed  Committee  under  Article  13  is  to  establish  guidelines  for  best  practice  in
enforcement.  This  information  could  be  disseminated  through  the  Commission’s
biennial report on the implementation of social legislation in road transport.

Through  Article  12(2)  the  Commission  seeks  to  address  the  issue  of  training.  As
training of enforcement staff on this complex legislation is vital, but an awareness of
how other Member States’  enforcement  bodies  perceive  the  legislation  is  also  very
important, Member States should establish joint training programmes and exchanges

12

56. 

57. 

with other Member States, at  least once  a  year. Joint  training programmes  between
Member  States  are  already  undertaken  several  times  a  year  under  the  auspices  of
Euro  Control  Route.  All  Member  States  could  easily  organise  a  bilateral  or
multilateral training programme on a reciprocal basis at least once a year. This is all
the  more  necessary  with  the  introduction  of  the  new  digital  tachograph  system.  A
coordinated approach to the data generated by this device is essential.

Article  12(3)  addresses  an  issue  that  has  already  become  established  practice  in
certain Member  States: the question of  what to  accept when  there  is a  break  in  the
timeline of charts for the past week and the last driving day of the previous week. A
holiday note or sick note signed by the company is accepted by some authorities as a
valid note covering any unaccounted periods. However, this practice is not based on
any  legislative  provision  at  European  level.  To  ensure  there  is  a  commonly
understood  and  accepted  practice  amongst  enforcement  officers  and  the  industry,  a
common line should be agreed within the Committee. This is all the more necessary
if the extraterritoriality provisions for enforcement in Article 10 of the Commission
Proposal COM(2001) 573 final38 to revise Regulation (EEC) No 3820/85 come into
effect. This provision also addresses an element of Amendment 10 in the European
Parliament’s  opinion  at  first  reading  on  the  Commission  proposal  to  amend
Regulation (EEC) 3820/8539.

Articles  13  to  15  establish  the  Committee  to  provide  a  forum  for  national
representatives  to  discuss  developments  in  enforcement  in  general  and  to  examine
specific  issues:  roadside  checklist,  standard  checking  equipment,  a  common
undertaking risk assessment system, best practice and a common ‘holiday/sick leave’
form.  The  forum  will  also  facilitate  a  common  and  coherent  approach  to  an
understanding of the Directive as well as fostering a dialogue with the industry. The
current Committee constituted under Article 18(1) of Regulation (EEC) No 3821/85
may  also  be  called  upon  to  tackle  these  issues  and  will  thus  provide  a  measure  of
coherence  in  discussions  on  enforcement  of  Community  road  transport  social
legislation.

58. 

Articles  16  to  18  insert  the  standard  final  provisions  relating  to  transposition  into
national law, communication of legal texts and concordance to the Commission and
repeal of the current legislative instrument.

38

39

See footnote 3.
See footnote 20.

13

                                                
2003/0255 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on minimum conditions for the implementation of Directive 2002/15/EC and Council
Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating
to road transport activities

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 71 thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Economic and Social Committee2,

Having regard to the opinion of the Committee of the Regions3,

Acting in accordance with the procedure laid down in Article 251 of the Treaty4,

Whereas:

(1) 

(2) 

1

2

3

4

5

6

7

8

Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of
certain  social  legislation  relating  to  road  transport5,  Council  Regulation  (EEC)
No 3821/85  of  20  December  1985  on  recording  equipment  in  road  transport6  and
Directive  2002/15/EC  of 
the  Council  of
11 March 2002  on  the  organisation  of  working  time  of  persons  performing  mobile
road transport activities7 are important for the creation of a common market for inland
transport services.

the  European  Parliament  and  of 

In  the  White  Paper  “European  transport  policy  for  2010:  time  to  decide”8,  the
Commission  indicated  the  need  to  tighten  up  checks  and  sanctions  particularly  for
social legislation on road transport  activities, and specifically  to increase  the number
of  checks,  to  encourage  the  systematic  exchange  of  information  between  Member

OJ C [... ], [... ], p. [... ].
OJ C [... ], [... ], p. [... ].
OJ C [... ], [... ], p. [... ].
OJ C [... ], [... ], p. [... ].
OJ  L  370,  31.12.1985,  p.  1.  Regulation  as  amended  by  Directive  2003/59/EC  of  the  European
Parliament and of the Council (OJ L 226, 10.9.2003, p. 4).
OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission Regulation (EC) No 1360/2002
(OJ L 207, 5.8.2002, p. 1).
OJ L 80, 23.3.2002, p. 35.
COM(2001) 370.

14

                                                
(3) 

(4) 

States,  to  co-ordinate  inspection  activities  and  to  promote  the  training  of  inspecting
officers.

It  is  therefore  necessary  to  ensure  proper  application  of  the  social  rules  on  road
transport  through  the  establishment  of  minimum  requirements  for  the  uniform  and
effective checking by the Member States of compliance with the relevant provisions.
Those checks should serve to reduce and prevent infringements.

The replacement of the analogue tachograph by a digital tachograph will progressively
enable a  greater volume of  data  to  be checked  more swiftly and  more precisely  and,
for that reason, Member States will increasingly be in a position to undertake a greater
volume  of  checks.  The  percentage  of  days  worked  by  drivers  of  vehicles  coming
within the scope of the social legislation should therefore be increased to 3%.

(5) 

Sufficient  standard  equipment  should  be  available  to  all  competent  enforcement
authorities to enable them to carry out their duties effectively and efficiently.

(6)  Within  each  Member  State  there  should  be  a  single  coordinating  enforcement  body
acting as a national focal point, with responsibility for overseeing and implementing a
coherent national enforcement strategy in consultation with other  relevant competent
authorities. That body should also compile relevant statistics.

(7) 

(8) 

(9) 

Co-operation  between  Member  State  enforcement  authorities  should  be  further
promoted  through  concerted  checks,  joint  training  initiatives,  the  establishment  of  a
common  interoperable  electronic  system  of  information,  and  the  exchange  of
intelligence and experience.

Best  practice  in  road  transport  enforcement  operations,  particularly  to  ensure  a
harmonised  approach  to  the  issue  of  proof  of  a  driver’s  annual  leave  or  sick  leave,
should  be  facilitated  and  promoted  through  a  forum  for  Member  State  enforcement
bodies.

The measures necessary for the implementation of this Directive should be adopted in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred on the Commission9.

(10)  A  common  recognition  of  specific  offences  in  relation  to  Regulation  (EEC)
Nos 3820/85  and  3821/85  should  promote  the  harmonisation  of  enforcement  within
the Member States.

(11)  Since the objectives of the proposed action, namely to lay down clear common rules
on  minimum  conditions  for  checking  the  correct  and  uniform  implementation  of
Directive  2002/15/EC  and  of  Council  Regulation  (EEC)  Nos  3820/85  and  3821/85,
cannot be sufficiently achieved by the Member States and can therefore, by reason of
the need for co-ordinated transnational action, be better achieved at Community level,
the Community may adopt measures, in accordance with the principle of subsidiarity
as set out in Article 5 of the Treaty. In accordance with the principle of proportionality,
as set out in that Article, this Directive does not go beyond what is necessary in order to
achieve those objectives.

9

ΟJ L 184, 17.7.1999, p. 23.

15

                                                
(12)  Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures
for  the  implementation  of  Regulation  (EEC)  No  3820/85  on  the  harmonisation  of
certain social legislation relating to road transport10 and Regulation (EEC) No 3821/85
should therefore be replaced,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject-matter

This  Directive  lays  down  minimum  conditions  for  checking  the  correct  and  uniform
implementation of Regulation (EEC) Nos 3820/85 and 3821/85, and Directive 2002/15/EC.

Article 2

Checking systems

1. 

2. 

3. 

Member States shall organise a system of appropriate and regular checks of correct
and uniform implementation, as referred to in Article 1, both at the roadside and at
premises of undertakings of all transport categories.

These checks shall cover each year a large and representative cross-section of mobile
workers, drivers, undertakings and vehicles of all transport categories falling within
the scope of Regulation (EEC) Nos 3820/85 and 3821/85, and of drivers and mobile
workers falling within the scope of Directive 2002/15/EC.

Each Member State shall organise checks in such a way that they cover each year at
least 3% of days worked by drivers of vehicles falling within the scope of Regulation
(EEC) Nos 3820/85 and 3821/85.

This minimum percentage may be increased by the Commission in accordance with
the procedure referred to in Article 13(2).

Not less than 30% of the total number of the working days checked shall be checked
at  the  roadside  and  not  less  than  50%  shall  be  checked  at  the  premises  of
undertakings.

The  information  submitted  to  the  Commission  in  accordance  with  Article  16(2)  of
Regulation  (EEC)  No  3820/85  shall  include  the  number  of  drivers  checked  at  the
roadside, the number of checks at premises of undertakings, the number of working
days checked and the number of infringements reported.

10

OJ L 325, 29.11.1988, p. 55.

16

                                                
Article 3

Statistics

Member  States  shall  ensure  that  statistics  collected  on  the  checks  organised  in  accordance
with Article 2(1) are broken down into the following categories:

(a)

for roadside inspections: type of road, namely whether it is a motorway, a national or
a secondary road;

(b)

for premises inspections:

(i)

type  of  transport  activity,  namely  whether  the  activity  is  international  or
domestic; passenger or freight; own account or hire and reward; perishable or
non-perishable goods;

(ii)

size of company fleet.

Article 4

Roadside checks

1. 

Roadside  checks  shall  be  organised  in  different  places  and  at  any  time,  covering  a
sufficiently  extensive  part  of  the  road  network  to  make  it  difficult  to  avoid
checkpoints.

2. 

Member States shall ensure that:

(a)

sufficient provision is made for checkpoints on existing and planned roads; in
particular,  that  service  stations  along  the  motorways  can  function  as
checkpoints;

(b)

checks are carried out following a random rotation system.

3. 

4. 

The  elements  to  be  verified  at  roadside  checks  shall  be  as  laid  down  in  Part  A  of
Annex  I.  Checks  may  concentrate  on  a  specific  such  element  if  the  situation  so
requires.

Roadside checks shall be carried out without discrimination. In particular, inspecting
officers shall not discriminate on any of the following grounds:

(a)

country of registration of vehicle;

(b)

country of residence of driver;

(c)

country of establishment of undertaking;

(d)

origin and destination of journey.

5. 

The authorised inspecting officer shall be provided with:

(a)

a list of the principal elements to be checked, as set out in Part A of Annex I;

17

(b)

certain standard checking equipment, as set out in Annex II.

6. 

If,  in  a  Member  State,  the  findings  of  a  roadside  check  on  the  driver  of  a  vehicle
registered in another Member  State afford  grounds  for  believing  that  infringements
have  been  committed  which  cannot  be  detected  during  the  check  owing  to  lack  of
necessary data, the competent authorities of the Member States concerned shall assist
each other in clarifying the situation.

Article 5

Concerted checks

Member States shall, at least six times per  year, undertake  concerted operations  to  check  at
the roadside drivers and vehicles falling within the scope of Regulation (EEC) Nos 3820/85
and 3821/85.

Such operations shall be undertaken at the same time by the enforcement authorities of two or
more Member States, each operating in their own territory.

Article 6

Checks at the premises of undertakings

1. 

2. 

3. 

4. 

5. 

Checks  at  premises  shall  be  planned  in  the  light  of  past  experience  of  different
categories  of  transport.  They  shall  also  be  carried  out  if  serious  infringements  of
or
3820/85,  Regulation 
Regulation 
Directive 2002/15/EC have been detected at the roadside.

(EEC)  No 

(EEC)  No 

3821/85 

Checks  at  the  premises  of  undertakings  shall  comprise,  in  addition  to  the  elements
listed in Part A of Annex I, the elements listed in Part B of that Annex.

The authorised inspecting officer shall be provided with:

(a)

a  list  of  the  principal  elements  to  be  checked,  as  set  out  in  Parts  A  and  B  of
Annex I;

(b)

certain standard checking equipment, as set out in Annex II.

The  authorised  inspecting  officer  in  a  Member  State  shall  in  the  course  of  his
inspection take into account any information provided by the designated coordinating
enforcement body of another Member State referred to in Article 7(1) concerning the
activities of the undertaking in that other Member State.

For  the  purposes  of  paragraphs  1  to  4,  checks  carried  out  at  the  premises  of  the
competent  authorities,  on  the  basis  of  relevant  documents  or  data  handed  over  by
undertakings  at  the  request  of  the  said  authorities,  shall  have  the  same  status  as
checks carried out at the premises of undertakings.

18

Article 7

Co-ordinating enforcement body

1. 

Member States shall designate a co-ordinating enforcement body.

The body shall have the following tasks:

(a)

to ensure coordination between the different competent authorities within one
Member  State  as  regards  actions  taken  under  Articles  4  and  6  and  with
equivalent  bodies  in  the  other  Member  States  concerned  as  regards  actions
taken under Article 5;

(b)

to  forward 
the  biennial  statistical  returns 
Article 16(2) of Regulation (EEC) No 3820/85;

to 

the  Commission  under

(c)

to draw up a coherent national enforcement strategy;

(d)

to  be  primarily  responsible  for  assisting  the  competent  authorities  of  other
Member States within the meaning of Article 4(6).

The body shall be represented on the Committee referred to in Article 13(1).

Member  States  shall  notify  the  Commission  of  the  coordinating  enforcement  body
and the Commission shall advise the other Member States accordingly.

Exchange of data, of experience and of intelligence between Member States shall be
actively promoted, primarily but not exclusively  through  the Committee  referred to
in Article 13(1) and any such body as the Commission may designate in accordance
with the procedure referred to in Article 13(2).

Article 8

Exchange of information

Information  made  available  bilaterally  under  Article  17(3)  of  Regulation  (EEC)
No 3820/85  or  Article  19(3)  of  Regulation  (EEC)  No  3821/85  shall  be  exchanged
between the designated coordinating enforcement bodies notified to the Commission
in accordance with Article 7(2):

(a)

at least once every three months commencing 1 January 2005;

(b)

upon a specific request by a Member State in individual cases.

2.

3.

1. 

2. 

Member  States  shall  establish  electronic  systems  for  the  exchange  of  information,
using a standard format for ease of comprehension.

19

3.

1. 

2. 

3. 

4. 

To  that  end,  the  competent  authorities  in  each  Member  State  may  use  the  standard
reporting form set out in Commission Decision 93/172/EEC11 or they may designate
a common system following consultation with the Commission.

Article 9

Common risk rating system and offences

Member States shall introduce a common risk rating system for undertakings based
on the number and severity of any infringements of Regulation (EEC)  No 3820/85,
Regulation  (EEC)  No  3821/85  or  Directive  2002/15/EC  that  an  individual
undertaking has committed.

Undertakings with a high-risk rating shall be checked  more closely  and  more  often
and,  if  repeated  offences  are  detected,  they  shall  be  more  heavily  penalised.  The
criteria and detailed rules for implementing such a system shall be determined by the
Commission  in  accordance  with  the  procedure  referred  to  in  Article  13(2),  taking
into account the extent to which any infringements as referred to in paragraph 4 have
been committed.

Member  States  shall  include  amongst  their  sanctions  the  temporary  immobilisation
of the vehicle, and/or, in the case of passenger transport, they may compel the driver
to take a daily rest period, or withdraw, suspend or restrict an undertaking’s licence
or  a  driving  licence.  The  use  of  sanctions  shall  be  effective,  proportionate  and
dissuasive.

Member  States  shall  ensure  that  a  system  of  proportionate  financial  sanctions  is  in
force  if  non-compliance  with  Regulation  (EEC)  No  3820/85,  Regulation  (EEC)
No 3821/85  or  Directive  2002/15/EC  on  the  part  of  an  undertaking,  or  associated
consignors, freight forwarders or sub-contractors, leads to profits.

Member States shall recognise, in particular, each of the following infringements of
Regulation 
or
3820/85,  Regulation 
Directive 2002/15/EC as constituting a serious offence:

(EEC)  No 3821/85 

(EEC)  No 

(a)

(b)

exceeding the  maximum  daily, six-day or fortnightly  driving  time  limits  by  a
margin of 20% or more;

disregarding the minimum daily or weekly rest period by a margin of 20% or
more;

(c)

disregarding the minimum break by a margin of 33% or more;

(d)

exceeding the maximum weekly working time of 60 hours by a margin of 20%
or more.

5. 

Member  States  shall  notify  to  the  Commission  the  sanctions  laid  down  for  those
infringements. The Commission shall inform the other Member States accordingly.

11

OJ L 72 , 25.3.1993, p. 30.

20

                                                
Article 10

Penalties

Member  States  shall  lay  down  the  rules  on  penalties  for  infringement  of  the  national
provisions adopted pursuant to this Directive and shall take all measures necessary to ensure
that  they  are  implemented.  The  penalties  provided  for  must  be  effective,  proportionate  and
dissuasive.  The  Member States shall notify those provisions  to  the  Commission  by  the  date
specified in Article 16.

Article 11

Report

Within three years of the entry into force of this Directive, the Commission shall submit to the
European  Parliament  and  to  the  Council  a  report  analysing  the  penalties  set  out  in  the
legislation of the Member States for defined offences.

The  report  shall  indicate  the  degree  of  difference  between  the  penalties,  and  to  what  extent
harmonisation of minimum and maximum penalties for a defined offence should be pursued.

Article 12

Best practice

1.

2.

3.

In accordance with the procedure referred to in Article 13(2), the Commission shall
establish guidelines on best practice in enforcement.

Those guidelines shall be included in the biennial report referred to in Article 16(2)
of Regulation (EEC) No 3820/85.

Member States shall establish joint training programmes on best practice to be held
at least once per year and shall facilitate exchanges, at least once per year, of staff of
the coordinating enforcement body with their counterparts in other Member States.

If a driver has been on sick leave or on annual leave during the period mentioned in
the  first  indent  of  the  first  subparagraph  of  Article  15(7)  of  Regulation  (EEC)
No 3821/85, he shall produce a form, duly attested by his employer, if asked to do so
by an authorised inspecting officer.

That form shall  be drawn up by the  Commission  in  accordance  with  the  procedure
referred to in Article 13(2).

Article 13

Committee

1.

The Commission shall be assisted by the Committee established by Article 18(1) of
Regulation (EEC) No 3821/85.

21

2.

reference 

Where 
this  paragraph,  Articles  5  and  7  of
Decision 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8
thereof.

is  made 

to 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three
months.

3.

The Committee shall adopt its rules of procedure.

Article 14

Implementing measures

At the request of a Member State or on its own initiative the Commission shall, in accordance
with  the  procedure  referred  to  in  Article  13(2),  adopt  implementing  measures,  in  particular
with one of the following aims:

(a)

(b)

(c)

to clarify the provisions of the Directive and to ensure a common approach;

to encourage a coherence of approach between enforcement bodies;

to facilitate dialogue between the industry and enforcement bodies.

Article 15

Updating of the Annexes

Amendments to the Annexes which are necessary to adapt them to the developments of best
practice shall be adopted in accordance with the procedure referred to in Article 13(2).

Article 16

Transposition

1.

2.

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative
provisions  necessary to  comply with this Directive by 1 January 2006 at  the  latest.
They  shall  forthwith  communicate  to  the  Commission  the  text  of  those  provisions
and a correlation table between those provisions and this Directive.

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official
publication. Member States shall determine how such reference is to be made.

Member States shall communicate to the Commission the text of the main provisions
of national law which they adopt in the field covered by this Directive.

22

Article 17

Repeal

Directive 88/599/EEC shall be  repealed  with effect  from the date of  entry into force of  this
Directive.

Article 18

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

Article 19

Addressees

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament
The President
[…]

For the Council
The President
[…]

23

Part A

ANNEX I

Roadside checks

The elements to be covered by roadside checks are:

(1)

(2)

(3)

(4)

(5)

(6)

daily driving periods, breaks and daily rest periods; also the preceding days' record
sheets which have to be carried on board the vehicle in accordance with Article 15(7)
of Regulation (EEC) No 3821/85 and/or the  data  stored  for the same  period  on  the
driver  card  and/or  in  the  memory  of  the  recording  equipment  in  conformity  with
Annex ΙΙ to this Directive;

for the period referred to in Article 15(7) of Regulation (EEC) No 3821/85, any cases
where the vehicle's authorised speed is exceeded, to be defined as being any periods
of more than 1 minute during which the vehicle's speed exceeds 90 km/h for category
N3 vehicles or 105 km/h for category M3 vehicles (categories N3 and M3 being as
defined in Annex I to Council Directive 70/156/EEC)1;

where  appropriate,  momentary  speeds  attained  by  the  vehicle  as  recorded  by  the
recording equipment in no more than the previous 24 hours' use of the vehicle;

last weekly rest period;

correct functioning of the recording equipment (determination of possible misuse of
the  equipment  and/or  the  driver  card  and/or  record  sheets)  or,  where  appropriate,
presence  of  the  documents  referred  to  in  Article  14(5)  of  Regulation  (EEC)
No 3820/85;

working  time  weekly  maximum  of  60  hours  in  any  one  week  as  laid  down  in
Article 4(a) of Directive 2002/15/EC

(7)

daily night-time working hours as set out in Article 7 of Directive 2002/15/EC.

Part B

Checks at the premises of undertakings

The  elements  of  checks  at  the  premises  of  undertakings,  in  addition  to  those  for  roadside
checks, are:

(1)

(2)

(3)

weekly rest periods and driving periods between these rest periods;

two-weekly limitation of driving hours;

maximum  average  weekly  working  time  over  a  four-month  reference  period,  or
six-month reference period, if national legislation so permits;

1

OJ L 42, 23.2.1970, p. 8.

24

                                                
(4)

(5)

(6)

the  use  of  record  sheets,  digital  tachograph  data  and/or  the  organisation  of  drivers'
working times;

average  maximum  weekly  working  time  of  48  hours  over  the  reference  period  in
Article 4(a) of Directive 2002/15/EC;

check on co-liability of other instigators or accessories in the transport chain, such as
shippers, freight forwarders or contractors, if an infringement is detected, including
verification that contracts for the provision of transport permit  compliance  with  the
rules 
and  3821/85  or
Directive 2002/15/EC.

(EEC)  Nos  3820/85 

in  Regulation 

contained 

25

ANNEX II

Standard equipment to be available to enforcement staff

Member States shall ensure that the following standard equipment is available to enforcement
inspectors carrying out the duties set out in Annex I:

(1) 

portable  computer  with  software  capable  of  downloading  data  from  the  vehicle  unit
and driver card of the digital tachograph and analysing data or transmitting findings to
a  central  database  for  analysis.  This  equipment  should  be  interoperable  between
Member State competent enforcement authorities;

(2) 

equipment to check the old tachograph sheets.

26

Comparative Table

Proposal  for  a  DIRECTIVE  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE
COUNCIL  on  minimum  conditions  for  the  implementation  of  Directive  2002/15/EC  and
Council Regulation (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to
road transport activities

Council Directive 88/599/EEC

Proposal

Article 1

Article 1

1.  The  objective  of  this  Directive  is  to  lay
down minimum conditions  for  checking  the
correct 
of
uniform 
Regulations  (EEC)  No  3820/85  and  (EEC)
No 3821/85.

application 

and 

This  Directive 
lays  down  minimum
conditions  for  checking  the  correct  and
uniform 
implementation  of  Regulation
(EEC)  Nos  3820/85  and  3821/85,  and
Directive 2002/15/EC.

Council Directive 88/599/EEC

Proposal

Article 2

Article 2

1. Member States shall organise a system for
appropriate  and  regular  checks,  both  at  the
roadside  and  at  premises  of  undertakings,
covering each year a large and representative
cross-section  of  drivers,  undertakings  and
vehicles  of  all  transport  categories  falling
within 
the  scope  of  Regulations  (EEC)
No 3820/85 and 3821/85.

2.  Each  Member  State  shall  organise  checks
in such a way that:

-  they  cover  each  year  at  least  1  %  of  days
worked  by  drivers  of  vehicles  falling  within
the scope of Regulations (EEC) Nos 3820/85
and (EEC) No 3821/85,

- not less than 15 % of the total number of the
working days checked shall be checked at the
roadside  and  not  less  than  25  %  at  the
premises of undertakings.

1.  Member  States  shall  organise  a  system  of
appropriate and regular checks of correct and
uniform  implementation,  as  referred  to  in
Article 1, both at the roadside and at premises
of undertakings of all transport categories.

These  checks  shall  cover  each  year  a  large
and  representative  cross-section  of  mobile
workers,  drivers,  undertakings  and  vehicles
of  all  transport  categories  falling  within  the
scope of Regulation (EEC)  Nos 3820/85  and
3821/85,  and  of  drivers  and  mobile  workers
falling 
of
Directive 2002/15/EC.

within 

scope 

the 

2.  Each  Member  State  shall  organise  checks
in  such  a  way  that  they  cover  each  year  at
least  3%  of  days  worked  by  drivers  of
scope  of
vehicles 
Regulation (EEC) Nos 3820/85 and 3821/85.

falling  within 

the 

This  minimum  percentage  may  be  increased
by  the  Commission  in  accordance  with  the
procedure referred to in Article 13(2).

Not less than 30% of the total number of the
working days checked shall be checked at the
roadside  and  not  less  than  50%  shall  be
checked at the premises of undertakings.

27

3.  The  number  of  drivers  checked  at  the
roadside, the number of checks at premises of
undertakings,  the  number  of  working  days
checked  and  the  number  of  infringements
reported  shall  be  included,  inter  alia,  in  the
information  submitted  to  the  Commission  in
accordance with Article 16 (2) of Regulation
(EEC) No 3820/85.

to 

submitted 

information 

the
3.  The 
Commission in accordance with Article 16(2)
of  Regulation  (EEC)  No  3820/85  shall
include the number of drivers  checked  at the
roadside, the number of checks at premises of
undertakings,  the  number  of  working  days
checked  and  the  number  of  infringements
reported.

Council Directive 88/599/EEC

Proposal

New Article

Article 3

Member  States  shall  ensure  that  statistics
collected  on 
in
accordance with Article 2(1) are broken down
into the following categories:

the  checks  organised 

(a)  for  roadside  inspections:  type  of  road,
namely  whether  it  is  a  motorway,  a  national
or a secondary road;

(b) for premises inspections:

(i)  type  of  transport  activity,  namely
whether  the  activity  is  international  or
domestic;  passenger  or  freight;  own
account or hire and reward; perishable or
non-perishable goods;

(ii) size of company fleet.

Council Directive 88/599/EEC

Proposal

Article 3

Article 4

1.  Roadside  checks  shall  be  organised  in
different  places  at  any  time,  covering  a
the 
sufficiently  extensive  part  of 
road
network 
to  avoid
it  difficult 
checkpoints.

to  make 

1.  Roadside  checks  shall  be  organised  in
different  places  and  at  any  time,  covering  a
the 
sufficiently  extensive  part  of 
road
network 
to  avoid
it  difficult 
checkpoints.

to  make 

New paragraph

2. Member States shall ensure that:

sufficient  provision 

(a) 
for
checkpoints on existing and planned roads; in
particular,  that  service  stations  along  the
motorways can function as checkpoints;

is  made 

28

(b) checks are carried out following a random
rotation system.

3.  The  elements  to  be  verified  at  roadside
checks  shall  be  as  laid  down  in  Part  A  of
Annex  I.  Checks  may  concentrate  on  a
specific  such  element,  if  the  situation  so
requires.

2. The elements of roadside checks are:

-  daily  driving  periods,  breaks  and  daily  rest
periods and, in the case of clear indications of
irregularities,  also  the  record  sheets  for  the
preceding  days  carried  on  the  vehicle  in
accordance with Article 15 (7) of Regulation
(EEC) No 3821/85,

- last weekly rest period, where appropriate,

the 

functioning  of 

-  correct 
recording
equipment  (determination  of  possible  misuse
of  the  equipment  and/or  record  sheets)  or,
where appropriate, presence of the documents
referred  to  in  Article  14  (5)  of  Regulation
(EEC) No 3820/85.

3.  Roadside  checks  shall  be  carried  out
without  discrimination  of  vehicles  and
drivers, whether resident or not.

4.  Roadside  checks  shall  be  carried  out
without 
particular,
inspecting  officers  shall  not  discriminate  on
any of the following grounds:

discrimination. 

In 

(a) country of registration of vehicle;

(b) country of residence of driver;

(c) country of establishment of undertaking;

(d) origin and destination of journey.

4.  To  facilitate  the  authorised  inspecting
officer's task, they shall be provided with:

5.  The  authorised  inspecting  officer  shall  be
provided with:

- a list of the principal points to be checked,

- a language chart containing the expressions
currently  used  and  relating  to  road  transport
operations. The Commission will provide the
Member States with such a chart.

(a)  a  list  of  the  principal  elements  to  be
checked, as set out in Part A of Annex I;

(b)  certain  standard  checking  equipment,  as
set out in Annex II.

5.  If  the  findings  of  a  roadside  check  on  the
driver  of  a  vehicle  registered  in  another
Member State provide grounds to believe that
infringements  have  been  committed  which
cannot  be  detected  during  the  check  due  to
lack  of  necessary  data, 
the  competent
authorities  of  the  Member  States  concerned
shall assist each other to clarify the situation.
In  cases  where,  to  this  end,  the  competent

6.  If,  in  a  Member  State,  the  findings  of  a
roadside  check  on  the  driver  of  a  vehicle
registered  in  another  Member  State  afford
grounds for believing that infringements have
been  committed  which  cannot  be  detected
during  the  check  owing  to  lack  of  necessary
the
the  competent  authorities  of 
data, 
Member  States  concerned  shall  assist  each
other in clarifying the situation.

29

Member  State  carries  out  a  check  at  the
premises  of  the  undertaking,  the  results  of
this check shall be communicated to the other
State concerned.

Council Directive 88/599/EEC

Proposal

Article 4

Article 6

1.  Checks  at  premises  as  provided  for  in
Article  2(1)  shall  be  planned  taking  account
of  past  experience  of  different  categories  of
transport.
Checks  shall  also  be  carried  out  at  premises
of  undertakings  when  serious  breaches  of
Regulations  (EEC)  No  3820/85  and  (EEC)
No  3821/85  have  been  detected  at 
the
roadside.

2. The elements of  checks at the premises of
undertakings, in addition to those for roadside
checks, are:

-  weekly  rest  periods  and  driving  periods
between these rest periods,

- two-weekly limitation of driving hours,

-  compensation  for  reduced  daily  or  weekly
rest periods,

the  use  of  record  sheets  and/or 

- 
organisation of drivers' working times.

the

New paragraph

New paragraph

1. Checks at premises shall be planned in the
light of past experience of different categories
of transport. They shall also be carried out if
serious  infringements  of  Regulation  (EEC)
No  3820/85,  Regulation  (EEC)  No  3821/85
or  Directive  2002/15/EC  have  been  detected
at the roadside.

2.  Checks  at  the  premises  of  undertakings
shall  comprise,  in  addition  to  the  elements
listed  in  Part  A  of  Annex  I,  the  elements
listed in Part B of that Annex.

3.  The  authorised  inspecting  officer  shall  be
provided with:

(a)  a  list  of  the  principal  elements  to  be
checked,  as  set  out  in  Parts  A  and  B  of
Annex I;

(b)  certain  standard  checking  equipment,  as
set out in Annex II.

4.  The  authorised  inspecting  officer  in  a
Member  State  shall  in  the  course  of  his
inspection  take  into  account  any  information
provided  by 
the  designated  coordinating
enforcement  body  of  another  Member  State
referred  to  in  Article  7(1)  concerning  the
activities  of  the  undertaking  in  that  other
Member State.

30

3. For the purposes laid down in this Article,
checks  carried  out  at  the  premises  of  the
competent authorities, on the basis of relevant
documents  handed  over  by  undertakings  at
the request of the said authorities,  shall have
the  same  status  as  checks  carried  out  at  the
premises of undertakings.

5.  For  the  purposes  of  paragraphs  1  to  4,
checks  carried  out  at  the  premises  of  the
competent authorities, on the basis of relevant
documents  or  data  handed  over  by
undertakings  at  the  request  of  the  said
authorities,  shall  have  the  same  status  as
checks  carried  out  at 
the  premises  of
undertakings.

Council Directive 88/599/EEC

Proposal

Article 5

Article 5

1. Member States shall, at least twice  yearly,
undertake  concerted  operations  to  check  at
the  roadside  drivers  and  vehicles  falling
within 
the  scope  of  Regulations  (EEC)
No 3820/85 and (EEC) No 3821/85.

Member  States  shall,  at  least  six  times  per
year, undertake concerted operations to check
at  the  roadside  drivers  and  vehicles  falling
within  the  scope  of  Regulation  (EEC)  Nos
3820/85 and 3821/85.

2.  Such  operations  shall,  wherever  possible,
be  undertaken  at  the  same  time  by  the
enforcement  authorities  of  two  or  more
Member  States,  each  operating  on  their  own
territory.

Such  operations  shall  be  undertaken  at  the
same  time  by  the  enforcement  authorities  of
two  or  more  Member  States,  each  operating
in their own territory.

Council Directive 88/599/EEC

Proposal

New Paragraph

Article 7

1.  Member  States 
coordinating enforcement body.

shall  designate 

a

The body shall have the following tasks:

(a) 
the
to  ensure  coordination  between 
different  competent  authorities  within  one
Member State as regards actions taken under
Articles 4 and 6 and with equivalent bodies in
the other Member States concerned as regards
actions taken under Article 5.

(b)  to  forward  the  biennial  statistical  returns
to  the  Commission  under  Article  16(2)  of
Regulation (EEC) No 3820/85;

to  draw  up  a  coherent  national

(c) 
enforcement strategy;

31

New paragraph

New paragraph

(d)  to  be  primarily  responsible  for  assisting
the  competent  authorities  of  other  Member
States within the meaning of Article 4(6).

The  body  shall  be  represented  on 
Committee referred to in Article 13(1).

the

2.  Member  States 
the
Commission of the coordinating enforcement
body  and  the  Commission  shall  advise  the
other Member States accordingly.

notify 

shall 

3.  Exchange  of  data,  of  experience  and  of
intelligence  between  Member  States  shall  be
actively  promoted,  primarily  but  not
exclusively  through  the  Committee  referred
to in Article 13(1) and  any  such  body  as  the
Commission  may  designate  in  accordance
with 
in
Article 13(2).

procedure 

referred 

the 

to 

Council Directive 88/599/EEC

Proposal

Article 6

Article 8

1.  Information  made  available  bilaterally
under  Article  17(3)  of  Regulation  (EEC)
No 3820/85  and  Article  19(3)  of  Regulation
(EEC) No 3821/85 shall  be  exchanged  every
12  months  beginning  six  months  after
notification of this Directive and also upon a
specific  request  by  a  Member  State 
in
individual cases.

New paragraph

1.  Information  made  available  bilaterally
under  Article  17(3)  of  Regulation  (EEC)
No 3820/85  or  Article  19(3)  of  Regulation
(EEC)  No  3821/85  shall  be  exchanged
coordinating
between 
enforcement 
the
to 
Commission in accordance with Article 7(2):

designated 

notified 

bodies 

the 

(a)  at 
least  once  every 
commencing 1 January 2005;

three  months

(b) upon a specific request by a Member State
in individual cases.

2.  Member  States  shall  establish  electronic
systems  for  the  exchange  of  information,
using  a  standard 
for  ease  of
comprehension.

format 

2. For this purpose, the competent authorities
in  each  Member  State  shall  use  a  standard

3.  To  that  end,  the  competent  authorities  in
each  Member  State  may  use  the  standard

32

reporting form drawn up by the  Commission
in agreement with the Member States.

form  set  out 

reporting 
in  Commission
Decision  93/172/EEC  or  they  may  designate
a  common  system  following  consultation
with the Commission.

Council Directive 88/599/EEC

Proposal

New paragraph

New paragraph

New paragraph

New Paragraph

Article 9

1.  Member  States  shall  introduce  a  common
risk  rating  system  for  undertakings  based  on
the number and severity of any infringements
of Regulation (EEC) No 3820/85, Regulation
(EEC)  No  3821/85  or  Directive 2002/15/EC
that an individual undertaking has committed.
Undertakings with a high-risk  rating  shall be
checked more closely  and  more often and, if
repeated  offences  are  detected,  they  shall  be
more  heavily  penalised.  The  criteria  and
detailed rules for implementing such a system
shall  be  determined  by  the  Commission  in
accordance  with  the  procedure  referred  to  in
Article  13(2),  taking  into  account  the  extent
to  which  any  infringements  as  referred  to  in
paragraph 4 have been committed..

2. Member States shall include amongst their
sanctions the temporary immobilisation of the
vehicle,  and/or,  in  the  case  of  passenger
transport, they may compel the driver to take
a  daily  rest  period,  or  withdraw,  suspend  or
restrict  an  undertaking’s  licence  or  a  driving
licence.  The  use  of  sanctions  shall  be
effective, proportionate and dissuasive.

3.  Member  States  shall  ensure  that  a  system
of proportionate financial sanctions is in force
if  non-compliance  with  Regulation  (EEC)
No 3820/85,  Regulation  (EEC)  No  3821/85
or  Directive  2002/15/EC  on  the  part  of  an
undertaking, or associated consignors, freight
forwarders  or  sub-contractors, 
to
profits.

leads 

each 

recognise, 

shall 
of 

in
4.  Member  States 
following
particular, 
infringements 
(EEC)
No 3820/85,  Regulation  (EEC)  No  3821/85
or  Directive  2002/15/EC  as  constituting  a

the 
Regulation 

of 

33

serious offence:

(a) exceeding the maximum daily, six-day or
fortnightly driving time limits by a margin of
20% or more;

(b)  disregarding 
the  minimum  daily  or
weekly  rest  period  by  a  margin  of  20%  or
more;

(c)  disregarding  the  minimum  break  by  a
margin of 33% or more;

(d) exceeding the maximum weekly  working
time of 60 hours by a margin of 20% or more.

the
shall 
Member  States 
Commission  the  sanctions  laid  down  for
those infringements.

notify 

to 

New Paragraph

The  Commission  shall  inform  the  other
Member States accordingly.

Council Directive 88/599/EEC

Proposal

Article 10

New Paragraph

Member  States  shall  lay  down  the  rules  on
penalties  for  infringement  of  the  national
provisions adopted pursuant to  this Directive
and  shall  take  all  measures  necessary  to
ensure 
implemented.  The
penalties  provided  for  must  be  effective,
proportionate  and  dissuasive.  The  Member
States  shall  notify  those  provisions  to  the
Commission  by 
in
Article 16.

the  date 

they  are 

specified 

that 

Council Directive 88/599/EEC

Proposal

New Paragraph

Article 11

Within  three  years  of  the  entry  into  force  of
this  Directive,  the  Commission  shall  submit
to  the  European  Parliament  and 
the
Council  a  report  analysing  the  penalties  set
out in the legislation of the Member States for
defined offences.

to 

34

New Paragraph

The  report  shall  indicate  the  degree  of
difference between the penalties, and to what
extent  harmonisation  of  minimum  and
maximum  penalties  for  a  defined  offence
should be pursued.

Council Directive 88/599/EEC

Proposal

New paragraph

New paragraph

New Paragraph

Article 12

1.  In  accordance  with  the  procedure  referred
to  in  Article  13(2),  the  Commission  shall
establish  guidelines  on  best  practice 
in
enforcement.

Those  guidelines  shall  be  included  in  the
biennial report referred to in Article 16(2) of
Regulation (EEC) No. 3820/85.

2. Member States shall establish joint training
programmes  on  best  practice  to  be  held  at
least  once  per  year  and  shall  facilitate
exchanges,  at  least  once  per  year,  of  staff  of
the coordinating enforcement body with their
counterparts in other Member States.

3. If a driver has been on sick leave or annual
leave during the period mentioned in the first
subparagraph  of
first 
the 
indent  of 
Article 15(7)  of  Regulation 
(EEC)  No
3821/85,  he  shall  produce  a  form,  duly
attested by his employer, if asked to do so by
an authorised inspecting officer.

That  form  shall  be  drawn  up  by 
accordance  with 
Commission 
procedure referred to in Article 13(2).

in 

the
the

Council Directive 88/599/EEC

Proposal

New paragraph

Article 13

1.  The  Commission  shall  be  assisted  by  the
Committee  established  by  Article  18(1)  of
Regulation (EEC) 3821/85.

35

New paragraph

New paragraph

2. Where reference is made to this paragraph,
Articles  5  and  7  of  Decision  1999/468/EC
shall apply, having regard to the provisions of
Article 8 thereof.

The  period  laid  down  in  Article  5(6)  of
Decision  1999/468/EC  shall  be  set  at  three
months.

3.  The  Committee  shall  adopt  its  rules  of
procedure.

Council Directive 88/599/EEC

Proposal

New paragraph

Article 14

At  the  request  of  a  Member  State  or  on  its
own  initiative  the  Commission  shall,  in
accordance  with  the  procedure  referred  to  in
Article  13(2),  adopt  implementing  measures,
in particular with one of the following aims:

(a)  to  clarify  the  provisions  of  the  Directive
and to ensure a common approach;

(b)  to  encourage  a  coherence  of  approach
between enforcement bodies;

(c) to facilitate dialogue between the industry
and enforcement bodies.

Council Directive 88/599/EEC

Proposal

New paragraph

Article 15

Amendments  to  the  Annexes  which  are
necessary to adapt them to  the developments
of  best  practice  shall  be  adopted 
in
accordance  with  the  procedure  referred  to  in
Article 13(2).

Council Directive 88/599/EEC

Proposal

Article 7

Article 16

1.  With  the  exception  of  the  Portuguese
Republic,  Member  States  shall  bring  into

1.  Member  States  shall  bring  into  force  the
administrative
laws, 

regulations 

and 

36

force the laws, regulations and administrative
provisions  necessary  to  comply  with  this
Directive  on  1  January  1989  at  the  latest.
The Portuguese Republic shall bring the said
administrative
laws, 
provisions into force on 1 January 1990 at the
latest.

regulations 

and 

2.  Member  States  shall  communicate  to  the
laws,  regulations  and
Commission 
administrative  provisions  concerning 
the
application of this Directive.

their 

New paragraph

provisions  necessary  to  comply  with  this
Directive  by  1  January  2006  at  the  latest.
They  shall  forthwith  communicate  to  the
Commission the text of those provisions  and
a  correlation  table  between  those  provisions
and this Directive.

When Member States adopt those provisions,
they shall contain a reference to this Directive
or be accompanied by such a reference on the
occasion of their official publication. Member
States  shall  determine  how  such  reference  is
to be made.

2.  Member  States  shall  communicate  to  the
Commission  the  text  of  the  main  provisions
of national law which they  adopt in the  field
covered by this Directive.

Council Directive 88/599/EEC

Proposal

New paragraph

Article 17

Directive 88/599/EEC  shall  be  repealed  with
effect from the date of entry into force of this
Directive.

Council Directive 88/599/EEC

Proposal

New paragraph

Article 18

This  Directive  shall  enter  into  force  on  the
twentieth day following that of its publication
in  the  Official  Journal  of  the  European
Union.

Council Directive 88/599/EEC

Proposal

Article 8

Article 19

This  Directive  is  addressed  to  the  Member
States.

This  Directive  is  addressed  to  the  Member
States.

37

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Inland, air and maritime transport

Activity(Activities):

TITLE OF ACTION: PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL  ON  MINIMUM  CONDITIONS  FOR  THE  IMPLEMENTATION  OF  DIRECTIVE  2002/15/EC
AND  COUNCIL  REGULATION  (EEC)  NOS  3820/85  AND  3821/85  CONCERNING  SOCIAL
LEGISLATION RELATING TO ROAD TRANSPORT ACTIVITIES.

1.

BUDGET LINE(S) + HEADING(S)

2.

2.1.

2.2.

B2-704A

OVERALL FIGURES

Total allocation for action (Part B): € 40 000

Period of application:

(start and expiry years)

2.3.

Overall multi-annual estimate of expenditure:

(a)

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) (see point 6.1.1)

(financial

€ million (to three decimal places)

[n+1]

[n+2]

[n+3]

[n+4]

Year
[n]

[n+5
and
subs.
Years]

Total

Commitments

Payments

(b)

Technical and administrative assistance and support expenditure(see point 6.1.2)

Commitments

40000

Payments

40000

Subtotal a+b

Commitments

Payments

40000

40000

38

(c)

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure
(see points 7.2 and 7.3)

Commitments/
payments

43200

TOTAL a+b+c

Commitments

Payments

83200

83200

2.4.

Compatibility with financial programming and financial perspective

X

Proposal is compatible with existing financial programming.

[…] Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial

perspective.

[…] Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional

Agreement.

2.5.

Financial impact on revenue:1

Proposal  has  no  financial  implications  (involves  technical  aspects  regarding
implementation of a measure)

X

OR

[…] Proposal has financial impact – the effect on revenue is as follows:

(€ million to one decimal place)

Situation following action

[Year n]

[n+1]

[n+2]

[n+3]

[n+4]

[n+5]

Budget line

Revenue

Prior to
action
[Year n-1]

a) Revenue in absolute terms

b) Change in revenue

 (cid:1)

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
from applicant
countries

Heading in
financial
perspective

Non-

Differentiated

NO

NO

NO

3

Compulsory

1

For further information, see separate explanatory note.

39

                                                
4.

LEGAL BASIS

Article 71 of the Treaty

5.

5.1.

DESCRIPTION AND GROUNDS

Need for Community intervention 2

5.1.1. Objectives pursued

The purpose of the advisory committee is

(cid:1)  To examine specific enforcement-related issues and make recommendations/decisions.

(cid:1)  Exchange best practice.

(cid:1)  Facilitate a coherent approach to an understanding of the Directive and related Community

acquis and their enforcement.

5.1.2. Measures taken in connection with ex ante evaluation

Internal consideration of appropriate issues to be addressed by the group.

5.1.3. Measures taken following ex post evaluation

Internal assessment of group feedback on the impact of any points agreed.

5.2.

Action envisaged and budget intervention arrangements

—

the target population(s) (specify number of beneficiaries if possible)

The  European  Union  road  transport  industry  in  general  and  the  drivers  of  goods  and
passengers  transport  by  road  in  particular;  the  competent  enforcement  authorities  of  the
Member States.

—

the specific objectives set for the programming period (in measurable terms)

The advisory committee will assist in:

(cid:1)  determining (a) any increase in the minimum percentage of checks to be undertaken; (b) an
extension  of  the  content  of  roadside  checklist;  (c)  standard  interoperable  checking
equipment;  (d)  common  undertaking  risk  assessment  criteria;  a  common  approach  to
holiday/sick leave attestations;

(cid:1)  elaborating an electronic data exchange system;

(cid:1)  identifying best practice; and

(cid:1)  clarifying a common view on the implementation of the rules throughout the Union

2

For further information, see separate explanatory note.

40

                                                
The resources to service this Committee in terms of secretariat and meeting arrangements are
set out in Points 6 and 7 below. The costs will be met out of current budget lines.

5.3.

Methods of implementation

Advisory Committee as set out in Commission Decision 1999/468/EC

6.

FINANCIAL IMPACT

6.1.

Total financial impact on Part B - (over the entire programming period)

6.1.1.

Financial intervention

Commitments (in EUR million to three decimal places)

Breakdown

[Year n]

[n+1]

[n+2]

[n+3]

[n+4]

Total

[n+5 and
subs.
Years]

Action 1

Action 2

etc.

TOTAL

6.1.2.

Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure
(commitment appropriations)

[Year n]

[n+1]

[n+2]

[n+3]

[n+4]

Total

[n+5 and
subs.
years]

1) 
administrative assistance

Technical 

and

Technical 

a) 
offices

assistance

b)  Other 
administrative assistance:

technical 

and

- intra muros:

- extra muros:

of  which  for  construction
and 
of
maintenance 
computerised  management
systems

Subtotal 1

2) Support expenditure

a) Studies

b) Meetings of experts

40000

c) Information and
publications

41

Subtotal 2

40000

TOTAL 40000

6.2.

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire
programming period)3

Commitments (in EUR million to three decimal places)

Type
of outputs
(projects, files )

Number of
outputs

Average unit
cost

(total for years
1…n)

Total cost

(total for years
1…n)

1

2

3

4=(2X3)

Advice/Decision

4 meetings p.a.

10000

40000

Breakdown

Action 1

Advisory Group

TOTAL COST

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Staff to be assigned to management of the
action using existing and/or additional
resources

Number of
permanent posts

Number of
temporary posts

Total

Description of tasks deriving from the
action

0.4

0.4

0.4

Servicing the Committee

0.4

Types of post

Officials 
temporary staff

or

A

B

C

Other human resources

Total

7.2.

Overall financial impact of human resources

Type of human resources

Amount (EUR)

Method of calculation *

Officials

Temporary staff

Other human resources

43 200

0.4 x 108000 (unit cost) Titles A1, A2,
A4, A5 and A7

(specify budget line)

Total

43 200

The amounts are total expenditure for twelve months.

3

For further information, see separate explanatory note.

42

                                                
7.3.

Other administrative expenditure deriving from the action

Amount EUR

Method of calculation

Budget line

(number and heading)

Overall allocation (Title A7)

A0701 – Missions

A07030 – Meetings
A07031 – Compulsory committees 1
A07032 – Non-compulsory committees 1

A07040 – Conferences

A0705 – Studies and consultations

Other expenditure (specify)

Information systems (A-5001/A-4300)

Other expenditure - Part A (specify)

Total NIL

The amounts are total expenditure for twelve months.

1 Specify the type of committee and the group to which it belongs.

I.

II.

Annual total (7.2 + 7.3)

Duration of action

III.

Total cost of action (I x II)

EUR 43 200

Indefinite

EUR 43 200

8.

FOLLOW-UP AND EVALUATION

8.1.

Follow-up arrangements

Ongoing.

8.2.

Arrangements and schedule for the planned evaluation

Following quarterly meetings.

9.

ANTI-FRAUD MEASURES

Cost statements of experts checked for conformity following the Commission rules.

43

IMPACT ASSESSMENT FORM

THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE
TO SMALL AND MEDIUM-SIZED ENTERPRISES( SMEs)

TITLE OF PROPOSAL

Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  minimum
conditions  for  the  implementation  of  Directive  2002/15/EC  and  Council  Regulation  (EEC)
Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities

DOCUMENT REFERENCE NUMBER

THE PROPOSAL

1.

Taking  account  of  the  principle  of  subsidiarity,  why  is  Community  legislation
necessary in this area and what are its main aims?

The Community legislation is based on Article 71 of the Treaty. The organisation of
the road transport sector is one of the essential factors in the implementation of the
common transport policy. The provision of uniform, commonly understood standards
in  road  transport  enforcement  has  become  increasingly  important  given  the
predominance of this mode of transport within the Community, the liberalisation of
market  access  and the need to  ensure  there is  no  distortion of  competition  between
operators. This is especially so given the pending adhesion of countries from Central
and  Eastern  Europe.  The  relentless  rise  in  the  number  of  offences  detected
throughout  the  Community  over  the  past  decade  calls  for  a  sufficiently  deterrent
response  in  all  Member  States.  Raising  the  minimum  number  of  checks  presents  a
challenging  but  achievable  target.  Promoting  a  better  quality  enforcement  response
through exchange of best practice, joint training programmes and a minimum level of
equipment  for  enforcement  staff  should  be  on  a  Community-wide  scale  to  avoid
potential  distortions  in  competition.  Enhanced  coordination  between  enforcement
agencies both within a Member State and between Member States can only lead to a
better  overall  level  of  compliance.  Determining  what  constitute  serious  offences
throughout  the  Community  in  this  field  encourages  a  common  approach  and
prioritisation  of  resources  and  lessens  disparities  between  Member  States,  which
could be exploited by unscrupulous operators.

The  legislation  also  reflects  the  forthcoming  introduction  of  the  digital  tachograph,
which  will  promote  a  better  respect  for  the  rules  in  force  and  facilitate  for
enforcement agencies and the industry alike an overview of the level of adherence to
the rules.

The  proposal  builds  on  feedback  from  the  industry,  individuals,  associations  and
government  experts  over  the  years  which  have  all  indicated  the  need  for  a  better
enforcement regime. It also reflects several amendments put forward in the opinion
of Parliament at first reading concerning enforcement of Community social rules (see
paragraphs 8, 30, 36 and 53 of the Explanatory Memorandum).

44

THE IMPACT ON BUSINESS

2.

Who will be affected by the proposal?

–  which sectors of business

The  proposal  will  affect  all  drivers  of  vehicles  falling  within  the  scope  of  the
Regulation, namely:

(a)

vehicles whose permissible maximum weight exceeds 3.5 tonnes; and

(b)

vehicles used for the carriage of more than 9 passengers including the driver.

Hence most road haulage and passenger transport businesses are affected.

–  which  sizes  of  business  (what  is  the  concentration  of  small  and  medium-sized

firms)

According to a 1995 report prepared by the social partners at European level, there
are about 1.2 million jobs in passenger transport and some 2.1  million jobs in road
haulage for hire or reward with 3-3.5 million in own account transport. According to
a Eurostat report (4/2000), within the Union an average of 3.3 persons are employed
in a road transport company. The concentration of SMEs in the road transport sector
is very high.

–  are  there  particular  geographical  areas  of  the  Community  where  these

businesses are found

In  terms  of  employees,  half  the  Member  States  have  companies  employing  on
average between 1 and 5 persons. These Member States tend to be on the periphery
of  the  Union,  e.g.  Sweden,  Finland,  Ireland,  or  are  Mediterranean  countries,  e.g.
Spain,  Italy,  or  Greece.  The  highest  average  number  of  employees  is  found  in
BENELUX, France, Germany and the UK.

3.

What will business have to do to comply with the proposal?

The transport operator will have to organise his business in such a way that the rules
on working time and maximum driving times, breaks and minimum rest periods are
respected. For those who have already been doing so there should be no significant
change  as  the  basic  rules  on  daily  driving  times  remain  unchanged.  However  the
sectoral  rules  on  working  time  will  be  introduced  for  mobile  workers  by
23 March 2005,  which  may  involve  a  rescheduling  of  driver  working  hours.
Enforcement  of  these  new  rules  will  force  employers  to  be  more  mindful  of  their
responsibilities.

4.

What economic effects is the proposal likely to have?

–  on employment

The  position  of  law-abiding  operators  will  be  strengthened,  and  they  may  well  see
their market share grow. From a road safety point of view, encouraging adherence to
the rules should also ensure excessive fatigue does not impair a driver’s performance
and  may  therefore  enhance  the  quality  of  service  delivered.  More  widespread

45

compliance  with  the rules  will  make the  profession of  a road transport driver  more
attractive.

–  on investment and the creation of new businesses

The  realisation  that  the  social  rules  will  be  more  frequently  enforced  will  make
transport operators and drivers more wary of breaking the rules and may encourage
investment of time and money in the logistics end of their enterprise. The prospect of
a roadside check may have to be taken into account in timetable scheduling.

–  on the competitiveness of businesses

The aim of the Directive is to enhance enforcement of social rules. This will facilitate
a  level  playing  field,  reducing  uncertainty  in  how  the  rules  are  enforced  during
international journeys across the Union. It will act as a deterrent to those firms that
go beyond the law and thereby undercut their competitors.

5.

Does the proposal contain measures to take account of the specific situation of small
and medium-sized firms (reduced or different requirements etc)?

The  proposal  does  not  contain  specific  measures  to  this  effect  as  the  majority  of
undertakings are already within this category and are aware of the current rules.

CONSULTATION

6.

List the organisations that have been consulted about the proposal and outline their
main views.

The current proposal draws on the results of a questionnaire circulated to all Member
States in 1998 on initiatives to promote effective and efficient enforcement. The need
to increase the overall level of checks, to address the issue of training and promote
better  co-operation,  coordination  and  exchange  of  best  practice  between  Member
States  was  acknowledged.  The  need  for  an  initiative  on  determining  common
priorities and what constitute serious offences throughout the Union was emphasised
by some.

The views of enforcement officers were sought: the Euro Control Route organisation,
comprising  enforcement  agencies  from  eight  Member  States  –  UK,  IRL,  F,  D,
Benelux and E – forwarded comments from several Member States. While largely in
agreement with the majority of the proposals, concerns centred on the practicality of
major  increases  in  roadside  checks,  for  NL  on  the  inclusion  of  checks  on  working
time rules and for the UK on a different measure of success than a simple increase in
checks. Given the significance attached by Member States to adequate enforcement
of working time during Council discussions on the sectoral working time Directive,
the  Commission  takes  the  view  that  the  opportunity  to  introduce  a  harmonised
approach to the enforcement of working time provisions should not be side-stepped.

The  social  partners’  informal  views  on  a  revision  of  the  Directive  were  taken  into
account  during  initial  drafting  of  the  proposal.  However,  the  Sectoral  Social
Dialogue  Committee’s  proposed  official  joint  response,  following  a  subsequent
official consultation on 24 January 2003, has yet to be forthcoming.

46

Finally,  the  views  of  the  European  Parliament  as  expressed  through  its  opinion
delivered  on  14  January  20031  on  Commission  proposal  COM(2001)  573  final  are
taken into account within the body of the proposal.

1

See footnote 20.

47