Common Position (EC) No 11/2005 of 9 December 2004 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulation (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities   (Text with EEA relevance)
Date: 2004-12-09
Institutions: Council of the European Union
Subjects: European social policy, driving period, labour inspectorate, labour law, occupational safety, police checks, road transport, speed control, transport company

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 11/2005

adopted by the Council on 9 December 2004

with a view to adopting Directive 2005/…/EC of the European Parliament and of the Council of …
on minimum conditions for the implementation of Council Regulation (EEC) Nos 3820/85 and
3821/85 concerning social legislation relating to road transport activities

(Text with EEA relevance)

(2005/C 63 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

Council Regulations (EEC) No 3820/85 of 20 December
1985 on the harmonisation of certain social legislation
relating to road transport (3) and (EEC) No 3821/85 of
20 December 1985 on recording equipment in road
transport (4) are important for the creation of a common
market for inland transport services, for road safety and
for working conditions.

(1) OJ C 241, 28.9.2004, p. 65.
(2) Opinion of the European Parliament of 20 April 2004 (OJ C 104 E,
30.4.2004), Council Common Position of 9 December 2004 and
Position of the European Parliament of … (not yet published in the
Official Journal).

(3) 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).

(4) OJ L 370, 31.12.1985, p. 8. Regulation as last amended by
Commission Regulation (EC) No 432/2004 (OJ L 71, 10.3.2004, p.
3).

(2)

(3)

(4)

(5)

In its White Paper ‘European transport policy for 2010:
time to decide’, 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
States, to coordinate inspection activities and to promote
the training of enforcement officers.

through the

It is therefore necessary to ensure proper application and
harmonised interpretation of the social rules on road
transport
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
a mechanism
prevent
should be introduced which ensures that undertakings
with a high risk rating should be checked more closely
and more often.

infringements.

Furthermore,

The measures provided for in this Directive should not
only lead to greater road safety but should also contri-
bute to a harmonisation of working conditions in the
Community and promote a level playing field.

The replacement of analogue tachographs by digital
tachographs will progressively enable a greater volume
of data to be checked more swiftly and more precisely
and, for that reason, Member States will be increasingly
able to undertake more checks. In terms of checks, the
percentage of days worked by drivers of vehicles falling
within the scope of
legislation that are
the social
checked should therefore be gradually increased to 4 %.

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(6)

(7)

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

HAVE ADOPTED THIS DIRECTIVE:

Member States should seek to ensure, without prejudice
to the proper execution of the tasks imposed by this
Directive, that roadside checks are executed efficiently
and quickly, with a view to completing the check in the
shortest time possible and with the least delay for the
driver.

Article 1

Subject-matter

This Directive lays down minimum conditions for the imple-
mentation of Regulations (EEC) Nos 3820/85 and 3821/85.

(8) Within each Member State there should be a single body
for intracommunity liaison with other relevant compe-
tent authorities. That body should also compile relevant
statistics. Member States should also apply a coherent
national enforcement strategy on their territory and may
designate a single body to coordinate its implementa-
tion.

Article 2

Checking systems

(9)

(10)

(11)

(12)

(13)

Cooperation between Member State enforcement autho-
rities should be further promoted through concerted
checks, joint training initiatives, the electronic exchange
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 authorities.

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 Commission (1).

Since the objective of this Directive, namely to lay down
clear,
for
common rules on minimum conditions
checking the correct and uniform implementation of
Regulations (EEC) Nos 3820/85 and 3821/85, cannot be
sufficiently achieved by the Member States and can, by
reason of the need for coordinated 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 that objective.

Council Directive 88/599/EEC of 23 November 1988 on
standard checking procedures for the implementation of
Regulations
(EEC) No
(EEC) No
3821/85 (2) should therefore be repealed,

3820/85

and

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 325, 29.11.1988, p. 55. Directive as amended by Regulation

(EC) No 2135/98 (OJ L 274, 9.10.1998, p. 1).

1. Member States shall organise a system of appropriate and
regular checks on correct and consistent 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 vehi-
cles of all
transport categories falling within the scope of
Regulations (EEC) Nos 3820/85 and 3821/85.

Member States shall ensure that a coherent national enforce-
ment strategy is applied on their territory. For this purpose,
Member States may designate a body for the coordination of
actions taken under Articles 4 and 6,
in which case the
Commission and the other Member States shall be informed
thereof.

2.
Each Member State shall organise checks in such a way
that, as from … (*), 1 % of days worked by drivers of vehicles
falling within the scope of Regulations (EEC) Nos 3820/85 and
increase to 2 %
3821/85 are checked. This percentage will
from 1 January 2009 and to 3 % from 1 January 2011.

From 1 January 2013 this minimum percentage may be
increased to 4 % by the Commission, in accordance with the
procedure referred to in Article 12(2), provided that the statis-
tics collected pursuant to Article 3 show that, on average, more
than 90 % of all vehicles checked are equipped with a digital
tachograph. In making its decision, the Commission shall also
the effectiveness of existing enforcement
take into account
measures,
in particular the availability of digital tachograph
data at the premises of undertakings.

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. From 1 January 2008
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.

(*) Date of entry into force of this Directive.

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3.
The information submitted to the Commission in accord-
ance 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 the premises of undertakings, the number
of working days checked and the number of infringements
reported.

Article 3

Statistics

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

(a) for roadside checks:

ment 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;

(e) whether vehicles are equipped with an analogue or digital

tachograph.

5.

Enforcement officers shall be provided with:

(a) a list of the principal points to be checked, as set out in

Part A of Annex I;

(i) type of road, namely whether it

is a motorway, a

national or a secondary road;

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

II.

(ii) type of tachograph, analogue or digital;

(b) for checks at the premises:

(i) type of transport activity, namely whether the activity
is international or domestic, passenger or freight, own
account or for hire or reward;

(ii) size of company fleet;

(iii) type of tachograph, analogue or digital.

These statistics shall be submitted annually to the Commission.

The appropriate authorities in the Member States shall keep a
record of the data collected for the previous year.

Any further clarification required of the definitions of the cate-
gories mentioned under (a) and (b) shall be established by the
Commission, in accordance with the procedure referred to in
Article 12(2).

If, in a Member State, the findings of a roadside check on
6.
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 roadside checks on drivers and vehicles falling within
the scope of Regulations (EEC) Nos 3820/85 and 3821/85.
Such checks shall be undertaken at the same time by the enfor-
cement authorities of two or more Member States, each oper-
ating in its own territory.

Article 4

Roadside checks

Article 6

Checks at the premises of undertakings

1.
Roadside checks shall be organised in various places and
at any time and shall cover 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 or nearby

existing and planned roads;

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

3.
The points to be verified at roadside checks are set out in
Part A of Annex I. Checks may focus on a specific point if the
situation so requires.

1.
Checks at premises shall be planned in the light of past
experience in relation to the various categories of transport.
They shall also be carried out if serious infringements of Regu-
lation (EEC) No 3820/85 or Regulation (EEC) No 3821/85 have
been detected at the roadside.

Checks at premises shall cover the points listed in Part A

2.
and Part B of Annex I.

3.

Enforcement officers shall be provided with:

(a) a list of the principal points to be checked, as set out in

Parts A and B of Annex I;

4. Without prejudice to Article 9(2), roadside checks shall
be carried out without discrimination. In particular, enforce-

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

II.

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4.
in the
Enforcement officers in a Member State shall,
course of the check take into account any information provided
by the designated coordinating enforcement body of another
Member State, as referred to in Article 7(1), concerning the
activities of the undertaking in question in that other Member
State.

For the purposes of paragraphs 1 to 4, checks carried out
5.
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.

Article 7

Intracommunity liaison

1. Member States shall designate a body which shall have
the following tasks:

(a) to ensure coordination 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 Commis-
sion under Article 16(2) of Regulation (EEC) No 3820/85;

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

The body shall be represented on the Committee referred to in
Article 12(1).

2. Member States shall notify the Commission of the desig-
nation of this body and the Commission shall advise the other
Member States accordingly.

3.
The 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 12(1) and any such body as the Commission may desig-
nate
referred to in
Article 12(2).

in accordance with the procedure

Article 8

Exchange of information

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 between the designated
bodies notified to the Commission in accordance with Article
7(2):

(a) at least once every six months after the date of entry into

force of this Directive;

2. Member States shall seek to establish systems for the elec-
tronic exchange of information. In accordance with the proce-
dure referred to in Article 12(2), the Commission shall define a
common methodology for effective information exchange.

Article 9

Risk rating system

introduce a risk rating system for
1. Member States shall
undertakings based on the relative number and severity of any
infringements of Regulations (EEC) No 3820/85 or No 3821/
85 that an individual undertaking has committed.

2.
Undertakings with a high-risk rating shall be checked
more closely and more often. The criteria and detailed rules for
implementing such a system shall be discussed in the
Committee referred to in Article 12, with a view to establishing
a system for the exchange of information on best practices.

Article 10

Report

By... (*) the Commission shall submit to the European Parlia-
ment and to the Council a report analysing the penalties for
serious infringements provided for in the legislation of the
Member States.

Article 11

Best practice

1.
In accordance with the procedure referred to in Article
12(2), the Commission shall establish guidelines on best enfor-
cement practice.

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

report

2. Member States shall establish joint training programmes
on best practice to be held at least once per year and shall facil-
itate exchanges, at least once per year, of staff of their respec-
tive bodies for intracommunity liaison with their counterparts
in other Member States.

3.
An electronic and printable form shall be drawn up by
the Commission in accordance with the procedure referred to
in Article 12(2), to be used when a driver has been on sick
leave or on annual leave, or when the driver has driven another
vehicle exempted from the scope of Regulation (EEC) No
3820/85, during the period mentioned in the first indent of the
subparagraph of Article 15(7) of Regulation (EEC)
first
No 3821/85.

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

cases.

(*) Three years of the entry into force of this Directive.

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4. Member States shall ensure that enforcement officers are
well trained for the execution of their tasks.

Article 16

Transposition

Article 12

Committee procedure

The Commission shall be assisted by the Committee

1.
established by Article 18(1) of Regulation (EEC) No 3821/85.

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.

Article 13

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 12(2), adopt implementing measures in particular
with one of the following aims:

(a) to promote a common approach for the implementation of

this Directive;

(b) to encourage a coherence of approach between enforce-
ment authorities and a harmonised interpretation of
Regulation (EEC) No 3820/85 between enforcement autho-
rities;

(c) to facilitate dialogue between the industry and enforcement

authorities.

Article 14

Negotiations with third countries

Once this Directive has entered into force, the Community
shall begin negotiations with the relevant third countries with a
view to the application of rules equivalent to those laid down
in this Directive.

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

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. The methods
of making such reference shall be laid down by Member States.

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

Article 17

Repeal

Directive 88/599/EEC is hereby repealed with effect

1.
from … (*).

References made to the repealed Directive shall be

2.
construed as being made to 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.

Article 15

Updating of the Annexes

Done at Brussels, …

Amendments to the Annexes which are necessary to adapt
them to developments in best practice shall be adopted in
accordance with the procedure referred to in Article 12(2).

For the European Parliament

The President

For the Council

The President

(*) Date of entry into force of this Directive.

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ANNEX I

PART A

Roadside checks

The following points shall, in general, be covered by roadside checks:

(1) daily driving periods, breaks and daily and weekly 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 and/or on printouts;

(2) 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 one 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
defined in Annex I to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the
Member States relating to the type-approval of motor vehicles and their trailers) (1);

(3) 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;

(4) the 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.

PART B

Checks at the premises of undertakings

The following points shall be checked at the premises of undertakings, in addition to those checked at the roadside:

(1) weekly rest periods and driving periods between these rest periods;

(2) observance of the two-weekly limitation of driving hours;

(3) record sheets, vehicle unit and driver card data and printouts.

Member States may, if appropriate, check on the joint 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 Regulations (EEC) Nos 3820/85 and 3821/85.

(1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).

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ANNEX II

STANDARD EQUIPMENT TO BE AVAILABLE TO ENFORCEMENT UNITS

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

(1) equipment capable of downloading data from the vehicle unit and driver card of the digital tachograph, reading

data, and analysing data and/or transmitting findings to a central database for analysis;

(2) equipment to check the tachograph sheets.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

— Having regard to Article 71 of the EC Treaty, and in the framework of the co-decision procedure in
accordance with Article 251 of the EC treaty, the Council adopted its common position on a draft
Directive of the European Parliament and of the Council on minimum conditions for the imple-
mentation of Directive 2002/15/EC and Council Regulations (EEC) Nos 3820/85 and 3821/85
concerning social legislation relating to road transport activities on9 December 2004

— In taking its position, the Council took account of the opinion of the European Parliament in its
first reading of 20 April 2004 (1) and the opinion of the Economic and Social Committee delivered
on 2 June 2004 (2).

Main aims of the draft Directive

The draft Directive aims

— to lay down minimum conditions for the implementation of Council Regulations 3820/85/EEC and
3821/85/EEC concerning social legislation relating to road transport activities (‘driving and resting
times of professional drivers’);
thus to prescribe a minimum amount of such checks to be
performed by enforcement authorities in each Member State;

— to provide a uniform interpretation of the nature of checks by ensuring a harmonised implementa-

tion of this Community road transport legislation.

The current legislation prescribes that a minimum overall percentage of 1 % of working days should be
checked (3); the Commission now proposes to raise the standard to one that is both challenging and
achievable, and will greatly improve road safety.

With the introduction of the digital tachograph data will be more easily accessible and more precise;
this will enable the Member States to increase the number and effectiveness of checks both at the road-
side and at premises of undertakings of all transport categories. Furthermore the draft Directive obliges
the Member States to collect statistics on these checks and to submit them to the Commission
annually.

Other new provisions contained the draft Directive are

— a detailed list of elements to be checked at the roadside and at premises,

— an increase in the amount of concerted checks between Member States,

— the introduction of an intra-community liaison body which will, among other tasks, ensure the

coordination of concerted checks,

— a more frequent exchange of information pertaining to the results of checks, and the invitation to

Member States to establish a system of electronic data exchange, and

— the introduction of risk rating systems for enterprises, combined with the obligation to check more

closely and intensively those undertakings which have a high risk-rating.

The draft Directive also provides for the establishment of guidelines on best practices, joint training
activities and the exchange of intelligence and experience.

(1) Document 8510/04 CODEC 567 TRANS 160 SOC 184.
(2) OJ C 241 28.9. 2004, p. 65.
(3) cf. Article 2.2 of 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
transport and Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 325, 29/11/1988, p.
55).

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II. ANALYSIS OF THE COMMON POSITION

1. General

Council holds the view that its common position provides considerable added value in comparison
to the legislation which is currently in force.

Taking into account the gradual renewal of the fleet of transport undertakings - and thus the
gradual increase of the number of vehicles equipped with the digital tachograph - Member States
will introduce a system of checks which ensures that by 2011 at least 3 % of days worked by
drivers of vehicles, which fall under the scope of this draft Directive, are checked. Whereas the
Commission foresaw an immediate increase in checks to 3 % of days worked as from the entry into
force of the new Directive, Council decided to achieve this goal by gradually raising the number of
checks from 1 % to 2 % as of 1 January 2009. Additionally, a provision was introduced to allow the
increase of the minimum percentage to 4 % as of 1 January 2013, provided that statistics prove that
more than 90 % of all vehicles checked are equipped with a digital tachograph.

In order to secure a good balance of checks at roadside and at premises of undertakings the
common position contains a provision fixing the total number of working days checked at the road-
side at 30 % (minimum) and the total number of working days checked at premises at 50 %
(minimum) as of 1 January 2008.

Council rejected the inclusion of Directive 2002/15/EC, the ‘Working Time Directive’ into the scope
of this draft Directive, as it wanted to focus on the enforcement of actual driving and resting times.
Moreover, ‘working time’ can not be checked with any degree of certainty through the use of the
digital tachograph and would therefore render roadside checks rather difficult.

2. Amendments of Parliament

— As regards the amendments of Parliament, the Council was able to accept amendment 27.

— Amendments 3 (cf. recital 4), 12, 21-22 (only the part concerning the ‘type of tachograph’) and

23 were partially accepted.

With regard to amendment 19, Council could accept Parliament's request
to reduce the
minimum number of working days checked at roadside down to 15 %. In this context it may be
noted that Council fixed the number of days checked at premises at 25 % and introduced a tran-
sitional period (until 1 January 2008) for an increase to 30 % (roadside) and 50 % (premises of
undertakings).

Council also considers the content of amendment 24 to be covered in Article 4.2(a). As for
amendment 28, Council considered its main aim already to be covered in Articles 4.6 and 6.4.
The principle underlying amendment 29 is already covered in Article 9 (‘risk rating system’) of
the common position.

Concerning amendment 42 Council decided to include the term ‘weekly rest period’ into the list
contained in Annex I A.

— Council rejected amendments 7, 63, 18, 20, 25, 31, 39, 40, 41 and 66 and also the amend-

ments listed hereafter, together with additional comments:

— amendments 1,12, 15, 29, 34 and 36, as they aimed at extending the scope of the draft

Directive.

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— Council also rejected the inclusion of a definition of ‘driver’ (amendments 13-14) and a
provision concerning vehicles from third countries (amendment 16), because it considers
this issue to be covered in the draft Regulation on driving and resting times (‘Social harmoni-
sation Regulation’ (1)); furthermore, the relevant provisions referred to in amendments 32,
33, 35, 36, 37 and 38 were transferred to the draft Regulation on driving and resting times
(‘Social harmonisation Regulation’) and therefore do not apply here anymore;

— amendment 5, since Council considers Article 11 to cover this concern sufficiently;

— amendment 6, since Council considers that this provision belongs in the proposed draft

Regulation on driving and resting times;

— amendments 11, since it considers this request to be already implicit in the reference to the

Regulation (EEC) 3820/85;

— amendment 26, because Council decided to leave this issue to the discretion of the enforce-

ment officers;

— amendment 30, although it underlines that a less far-reaching provision is included in

Article 13 (b).

III. CONCLUSION

The Council considers that, in the context of the most important ‘core provisions’ of the draft Directive
- pertaining to the increase of the number of checks performed from 1 % to 3 % over the next 6 years
and the fixation of minimum percentages of the total numbers of working days checked at roadside
and at premises of undertakings - it appears that there is not a wide divergence of opinion between the
European Parliament and Council. Most of the amendments which the Council rejected either are now
covered in the draft Social Harmonisation Regulation or would have entailed a major extension of the
scope of the draft Directive. Against this background, Council looks forward to reaching an agreement
with Parliament on this draft Directive in the near future.

(1) cf. Common position adopted by the Council with a view to the adoption of Regulation of the European Parliament
and of the Council on the harmonisation of certain social legislation relating to road transport and amending Council
Regulations (EEC) Nos 3821/85 and 2135/98.