Report from the Commission on the implementation in 2001-2002 of Regulation (EEC) 3820/85 on the harmonisation of certain social legislation relating to road transport (22nd Report from the Commission on the implementation of the social legislation relating to road transport) {SEC(2006)791}
Date: 2006-06-21
Institutions: European Commission
Subjects: activity report, drivers, road transport, traffic control, working conditions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.6.2006 
COM(2006) 321 final 

REPORT FROM THE COMMISSION 

On the implementation in 2001-2002 of Regulation (EEC) 3820/85 on the harmonisation 
of certain social legislation relating to road transport  
(22nd report from the Commission on the implementation of the social legislation 
relating to road transport) 

{SEC(2006)791} 

EN 

   EN 

 
 
 
  
 
EXECUTIVE SUMMARY 

This report is the fifth in the series of Commission reports concerning the implementation of 
Council Regulation (EEC) No 3820/85. It sets out trends and statistics covering the Member 
States’  inspection  and  enforcement  activities  during  the  period  2001-2002  in  relation  to  the 
provisions  of  Regulation  (EEC)  No  3820/85  on  driving  time,  rest  periods  and  breaks.  It  is 
based  on  the  statistics  provided  by  the  Member  States  and  includes  their  views  on  the 
implementation of the Regulation. 

All  Member  States  submitted  data  to  the  Commission  for  the  current  period.  Unfortunately 
some Member States did not submit their data within the set deadline. Other Member States 
still do not break down their total figures and their returns are not uniform. This has delayed 
the  compilation  of  the  report  and  has  also  limited  an  early  and  effective  comparison  of  the 
statistics. 

Ten  Member  States  increased  the  number  of  working  days  checked  at  the  roadside,  namely 
Denmark,  Germany,  Spain,  France,  Ireland,  Italy,  Luxembourg,  Austria,  Sweden  and  the 
United Kingdom.  The  other  Member  States indicated a reduction in  the number  of working 
days  checked.  Generally,  the  total  number  of  working  days  checked  (national  and  non-
national together) has increased during the years 2001-2002. 

Eleven Member States increased the number of roadside checks carried out, namely Denmark, 
Germany,  Spain,  France,  Ireland,  Italy,  Luxembourg,  Austria,  Portugal,  Sweden  and  the 
United Kingdom. The others showed a reduction. In general, the number of drivers checked at 
the premises of undertaking has decreased. 

All  of  the  Member  States  easily  passed  the  basic  checking  standard  of  1%  of  working 
days  of  professional  drivers,  with  Germany,  Greece,  Spain,  France,  Luxembourg  and 
the United Kingdom exceeding 2 %. 

Member  States  have  reported  some  initiatives  taken  during  the  period  of  this  report  and 
subsequently.  Concerted  checks  have  been  undertaken  by  Denmark,  Norway,  Finland  and 
Sweden  during  the  reference  period.  The  Commission  notes  that  co-operation  is  still  an 
exceptional event as most of the Member States appear to be collaborating with each other 
only  occasionally.  New  Community  legislation  on  working  time  entered  into  force  on  23 
March  2005.  A  complementary  element  to  the  Regulation,  this  represents  a  positive 
development.  The  Member  States  are  obliged  to  ensure  that  the  digital  tachograph  is  being 
installed in all new vehicles at the beginning of 2006. 

However,  the  overall  number  of  offences  recorded  has  continued  to  rise  in  several  Member 
States In a highly competitive market, in which companies are under pressure to keep costs to 
a minimum, action must be taken to improve compliance with these essential rules. For every 
100 working days checked, European enforcement agencies detect on average 1.69 offences. 
The Commission would encourage a more targeted approach based on risk assessments, given 
the  limited  resources  available.  It  is  evident  that  the  current  situation  cannot  be  left  to 
deteriorate. Only with a more coherent set of rules plus a greater effort and investment on the 
part of the Member States in terms of enforcement activity, can there  be greater  respect for 
Community social norms in the road transport sector. 

EN 

2 

   EN 

 
1. 

INTRODUCTION  

This  report,  which  covers  the  period  2001  -  2002,  is  the  fifth  in  the  series  of 
Commission reports, which cover Council Regulation (EEC) No 3820/851. It is based 
on  the  information  supplied  by  Member  States  using  the  standard  form  introduced 
according to the Commission Decision of the 22 February 19932. 

All  Member  States  have  used  the  standard  form  for  submitting  data  to  the 
Commission. Their returns are for the most part complete but still not all uniform and 
some of the data provided were fragmentary or lacking in some aspect. There was a 
delay  in  returns,  particularly  from  Ireland,  and  data  from  Greece,  Luxembourg  and 
Portugal were not complete. 

However, the use of the standard form makes it easier for the Commission to analyse 
and to compare the statistics with those of the last period. This report also sets out any 
initiatives communicated by the Member States and includes the latest developments 
at Community level. 

2. 

SUMMARY TABLES 

2.1. 

Checks: summary 

Number of days actually checked as a proportion of the minimum number of 
working days to be checked 

Member State 

- a - 

- b - 

- c – 

- d - 

-e - 

Minimum 
number  of 
working 
days  to  be 
checked 

Number  of 
working 
days 
checked 
(national) 

Number  of 
working 
days 
checked 
(non 
nationals) 

Total 
number 
working 
days 
checked 

of 

Number of working 
days  checked  as  a 
proportion  of  the 
minimum  number 
of  days 
to  be 
checked (d/a)  

Austria  

 439 090 

477 155

231 478

708 633  1.61 

Belgium  

720 280 

555 387

297 911

853 298  1.18 

Denmark 

 209 000 

280 595

28 193

 308 788  1.48 

Finland  

France  

270 160 

312.310

50 778

363 088  1.34 

2 500 000 

5 999 030

1 176 688

7 175 718  2.87 

1 
2 

OJ L 370, 31.12.1985, p. 1. 
OJ L 72, 25.03.1993, p. 33. 

EN 

3 

   EN

 
                                                 
Germany 

Greece 3  

Ireland 

Italy 

3 470 040 

7 691 352

6 858 957

14 550 309  4.19 

4 883 

34 616

585 046 

873 123

5 512

2 038

40 128  8.21 

875 161  1.49 

2 189 651 

4 191 031

130 898

4 321 929  1.97 

Luxembourg 

81 398 

139 567

37 362

176 929  2.17 

Netherlands 

546 922 

541 430

56 666

598 096  1.09 

Portugal 4 

585 077 

650 224  1.11 

Spain 

Sweden 

2 016 000 

4 231 802

445 872

4 677 674  2.32 

440 000 

464 456

89 717

554 173  1.25 

United Kingdom  

2 061 880 

3 985 245

183 230

4 168 475  2.02 

2.2. 

Offences: summary 

Number of offences recorded: Articles 6, 7, 8 and 14 of Regulation (EEC) 3820/85 

Overview by Member States 

Member  

PASSENGERS 

GOODS 

Total 

State 

Austria 

Belgium  

Denmark 

Finland 

Nationals  EEC  Third  

Total non-

Nationals EEC  Third  

Total non- 

Count. 

nationals 

Countries 

nationals 

2 277 

1 134  1 123 

2 257 

26 536 

9 772  6 479 

16 251 

47 321 

125 

150 

671 

84 

19 

103 

2284 

3219 

424 

3643 

6155 

2 

3 

2 

3 

2 632 

27 

27 

2 811 

12 968 

10 

111  

121  

13 763 

France  

118 840 

20 331   

20 331 

139 171

Germany 

20 626 

2 256  2 226 

4 482 

609 534  91 316 54 575 

145 891 

780 533

Greece * 

3 

4 

According to Commission calculations, the minimum number of working days to be checked 
(a) should be 9766.40 and by consequence, Greece attained an enforcement level of 4.1%. 
Only a global statistic was forthcoming for this exercise. 

EN 

4 

   EN

 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Ireland  

Italy 

229 

8 903 

Luxembourg 

2 

Netherlands 

2315 

Portugal * 

66 

177 

18 

16 

5 

0 

7 

Spain 

2 360 

132 

93 

Sweden 

732 

180 

14 

United  

2 649 

18 

27 

Kingdom 

*Data not provided by the MS  

66 

182 

18 

23 

225 

194 

45 

6 930 

177 

43 562 

396 

21 

246 

137 

5 

417 

142 

7 579 

53 064 

408 

5 634 

950 

250 

1 200 

9 172 

34 513 

2 831  251 

3 082 

40 180 

2 593 

597 

67 

664 

4 183 

32 055 

4 536  1025 

5 561 

40 310 

Number of offences recorded: Articles 6, 7, 8 and 14 of Regulation (EEC) 3820/85 

Overview by category of offences (includes passengers and goods, nationals, EEC and third 
countries) 

Article 

Type of offence 

Number of offences 

6 

7 

8 

14 

Total 

Driving periods 

Breaks 

Rest periods 

Service timetable and duty roster 

425 327

333 401

416 783

7 868

1.183 379

3. 

RELATIONS AND CO-OPERATION BETWEEN MEMBER STATES 

Some Member States showed good example by reporting on concerted checks. 

Sweden conducted concerted checks with Denmark, Norway and Finland. 

In  the  roadside  inspection  area  of  Kundl  (Tyrol),  the  German  police,  equipped  with 
Austrian authorisation for checking vehicles on road in Austria, have worked together 
with their Austrian counterparts. 

EN 

5 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
4. 

CONCLUSIONS AND COMMENTS 

4.1. 

Proposals from the Member States 

Germany  proposes  a  new  standard  reporting  form.  It  recommends  inclusion  of  the 
following details: 

1. 

2. 

3. 

4. 

A comparison between the target and the actual numbers based on the above 
form  or  similar.  At  present  the  rate  of  compliance  can  only  be  determined 
through additional calculations. 

Infringements  of  Directive  (EEC)  3821/85.  Such  offences  are  often  in 
conjunction  with  those  against  Regulation  (EEC)  No  3820/85  and  are 
therefore no less important. 

An  overview  of  the  exchange  of  information  stipulated  in  Article  17  of 
Directive  (EEC)  3820/85  and  the  cooperation  between  Member  States  on 
checks agreed under Article 5 of Directive 88/599/EEC. The fact that not all 
Member  States  appear  to  comply  with  this  provision  is  unsatisfactory  and 
this should therefore be taken into consideration by the Commission during 
its monitoring operations. 

Following the inclusion of both Regulation (EEC) No 3820/85 and Directive 
88/599/EEC in the EEA Agreement (OJ L 1, 3 January 1994, p. 433), these 
regulations  therefore  also  apply  to  the  non-EU  Contracting  Parties  to  the 
European Economic Area. The 1993 standard reporting form does not allow 
for  this  as  it  only  distinguishes  between  the  then  EEC  Member  States  and 
third  countries.  Consequently,  the  other  EEA  States  have  to  be  included  in 
the column for third countries, although they should be treated as EU (EEC) 
Member States since the relevant regulations have been incorporated into the 
EEA Agreement. 

The Commission intends to address this issue within the framework of the Committee 
to be set up under the new Regulation. 

4.2. 

Conclusions and comments by the Commission 

The  legislation  in  force  continues  to  provide  a  common  Community  standard  for 
setting  maximum  driving  times  and  rest  periods  for  road  transport  operators.  Its 
implementation within the Member States plays a vital role in enhancing road safety 
and fair competition within the Union. 

However  the  Commission  is  aware  that  Member  States  have  differing  perceptions 
about  how  to  interpret  and  enforce  this  legislation.  Checks  are  carried  out  with 
different  intensity  and  frequency  in  each  Member  State  and  often  by  a  variety  of 
authorities  acting  under  differing  priorities  and  separate  national  rules.  Furthermore, 
infringements  are  penalised  with  differing  degrees  of  severity.  Some  of  the 
information provided by the Member States is often not coherent and it can therefore 
be quite difficult to make accurate comparisons. The Commission also recognises the 
need  for  enhanced  co-operation  between  Member  States  to  ensure  the  harmonised 
enforcement. 

EN 

6 

   EN

 
For these reasons it has proposed three measures to address these problems: firstly the 
revision  of  the  Regulation  to  simplify,  clarify  and  update  the  rules;  secondly,  more 
recently, a revision of the enforcement Directive 88/599/EEC to enhance the quantity 
and  quality  of  enforcement  activities,  encourage  better  cooperation  between 
enforcement  agencies  both  within  and  between  Member  States  and  clarify 
enforcement  priorities.  Finally  it  is  pressing  ahead  to  ensure  the  introduction  of  a 
digital  tachograph  to  minimise  fraud  and  facilitate  fast,  accurate  and  detailed  data 
recording, storage and checks. 

4.2.1.  More  information  provided  and  less  incomplete  data  but  the  problem  still 

persists 

All  Member  States  provided  information  for  the  present  report  period  using  the 
standard form and most of the Member States managed to provide more detailed data. 
However,  the  lack  of  timely  reporting  to  the  Commission  hinders  a  comprehensive 
comparison  and  delays  the  finalising  of  the  report.  The  non-standard  figures  that 
eventually  were  received  also  hinder  a  comprehensive  comparison  between  the 
Member  States.  In  addition,  Denmark  did  not  supply  the  Commission  with  its  data 
concerning the number of drivers checked at premises of undertakings. Greece did not 
provide  data  concerning  offences.  Belgium  did  not  aggregate  their  data.  France  still 
distinguishes  between  residents  and  non-residents  instead  of  nationals  and  non-
nationals,  which  makes  a  comparison  with  the  other  Member  States’  statistics 
difficult. Member States are reminded that the Regulation5 not only imposes a specific 
duty  to  provide  this  information  but  also  fixes  a  time  limit  for  sending  it  to  the 
Commission  of  30th  September  in  the  year  following  the  expiry  of  the  relevant  two 
year period. 

4.2.2.  The minimum standard of checks has been reached by all Member States 

Compared with the period of the last report (1999-2000)6 six Member States recorded 
an  increase  in  the  number  of  checks,  namely  Germany,  France,  the  Netherlands, 
Luxembourg, Austria and the United Kingdom. 

In  general,  all  of  the  Member  States  easily  passed  the  basic  standard  of  1  %. 
Germany, Spain and France continued to be over 2 %. The number of offences against 
driving periods and rest periods increased while all other offences decreased 

Only in Italy, Ireland, the Netherlands and Sweden has there been a fall in the number 
of offences against Article 6 (driving periods). The total number of offences relating 
to  rest  periods  increased  compared  to  the  last  period.  Meanwhile,  those  offences 
recorded against breaks decreased in comparison with the last period (especially in the 
case  of  Austria,  Finland,  Sweden).  A  reduction  was  also  noticeable  in  terms  of  the 
number of offences detected concerning Article 14 regarding the service timetable and 
duty roster. 

Most Member States have provided sufficient data regarding the infringements for the 
relevant  period.  Data  submitted  by  the  United  Kingdom  continued  to  reflect  a 

5 
6 

Article 16(2) 
COM(2004) 360 final of 30.4.2004 

EN 

7 

   EN

 
                                                 
difficulty  in  allocating  figures  between  offences  for  driving  periods,  rest  periods  or 
breaks offences. 

4.2.3. 

In several Member States the number of offences recorded has increased  

In  some  Member  States  the  total  number  of  offences  for  the  present  period  has 
increased,  e.g.  in  Germany,  Austria  and  the  United  Kingdom.  This  increase  may 
reflect many different factors: a real increase in the number of offences committed, a 
more targeted effort on the part of the enforcement authorities, or a better collection of 
statistics.  Linked  with  this  is  the  fact  that  in  Denmark,  Germany,  Spain,  France, 
Luxembourg,  Netherlands  and  United  Kingdom  the  total  number  of  working  days 
checked  rose,  while  for  Belgium,  Ireland,  Italy,  Austria,  Finland  and  Sweden  total 
number of working days checked has decreased. 

In general, even though several Member States report an increase, there appears 
only a small rise in the total number of offences detected throughout the EU. In 
the  period  1999-2000  a  total  of  1,173.122  offences  were  recorded  and  for  the 
period 2000-2001 a total of 1.180.334.  

An intensification or reduction in the number of checks does not automatically lead to 
a corresponding rise or fall in the number of offences detected. While this relationship 
may  in  some  instances  reflect  the  deterrent  effect  of  more  frequent  enforcement 
activities,  it  is  evident  that  for  many  Member  States,  increased  enforcement  activity 
simply highlights a growing problem.  

4.2.4. 

Success rate in detecting offences vary widely 

The ratio of the total number of infringements detected to the total number of working 
days  checked  reveals  a  wide  disparity  in  the  success  of  Member  States  in  targeting 
potential offenders. During 2001-2002, Austria, Germany and Finland were the most 
successful with an average of 6.67, 5.36 and 3.79 offences detected per 100 working 
days checked in the relevant period. In some Member States the detection level was 
over 1 offence (France, Italy, Netherlands) per 100 working days checked, but other 
Member States did not attain this rate. 

This  disparity  in  ratios  may  indicate  the  potential  benefits  to  be  gained  by  an 
exchange of experience and best practice between Member States and adoption of the 
most effective and nationally appropriate practice throughout the Union. 

4.2.5. 

Interpretation  of  Council  Regulations  (EEC)  No  3820/85  and  3821/85 
through rulings made by the Court of Justice of the European Communities. 
The period covered is 2001-2002 

There  have  been  no  rulings  regarding  Council  Regulations  (EEC)  No  3820/85  and 
3821/85 made by the Court of Justice of the European Communities during the period 
1 January 2001 to 31 December 2002. 

4.2.6. 

Implementation of the Digital tachograph 

The Commission adopted Regulation (EC) No 1360/2002 on 13 June 2002 adapting 
for the seventh time Council Regulation (EEC) No 3821/85 on recording equipment 

EN 

8 

   EN

 
in road transport. The Commission Regulation contains the technical specifications, in 
its  annex  1B,  of  the  digital  tachograph  introduced  by  Council  Regulation  (EC)  No 
2135/98. Under the current provisions, the digital tachograph was planned to become 
compulsory for all new vehicles in all Member States after 5 August 2004. However 
as type-approved digital tachographs were not available to the vehicle manufacturers 
at  the  target  date  of  5  August  2003,  the  introduction  deadline  was  postponed  to  5 
August 2005 with a tolerance period until 1 January 2006. This has been extended to 
May 2006, to take account of the new provisions set out in the recent agreement on 
the new road transport social legislation.  

implementation  of 

the  Regulation  and  a  common  approach 

The main objective in introducing the digital tachograph is to improve enforcement. It 
will also prove an important stimulus to fostering a level playing field by promoting 
harmonised 
to 
enforcement  practice.  The  digital  tachograph  will  oblige  enforcement  agencies  to 
considerably  update  their  ways  of  enforcing  the  rules  and  prosecuting  offenders.  In 
this respect a project, supported by the Commission, is under way. The project allows 
Member  States  to  work  out  common  plans  for  implementation,  possibilities  to 
exchange  information  and  to  develop  harmonised  and  more  effective  solutions.  The 
resulting  enhancement  in  enforcement  of  the  driver’s  hours  rules  will  provide  a 
significant  contribution  to  road  safety,  driver’s  working  conditions  and  fair 
competition.  The  project  delivered  its  final  report  in  October  2004  and  a  follow-up 
action lasting from 2005 to 2008 has been launched to support implementation in the 
new  Member  States  and  carry  out  training  and  communication  activities  (e.g., 
website, helpdesk). 

4.2.7.  Revision of Council Regulation (EEC) No 3820/85 

In  the  White  Paper  on  European  Transport  Policy  for  2010:  time  to  decide  (COM 
(2001) 370), the Commission stated the following: “EU regulations on road transport, 
particularly on working conditions, are not only insufficient; they are also, and above 
all,  extremely  poorly  enforced.  This  laxity  in  enforcing  the  regulations  creates 
problems.  Consequently,  the  effectiveness  of  Community  and  national  legislation 
depends on correct, impartial application throughout the Community.” To improve the 
situation  the  Commission  intends  to  promote  efficient,  uniform  interpretation, 
implementation  and  monitoring  of  Community  road  transport  legislation.  Uniform 
interpretation was addressed by the proposal for a new Regulation7. The primary aim 
of  the  proposal  was  to  simplify,  clarify  and  update  the  Regulation:  The  proposal 
strengthens provisions on employer liability, introduces extraterritoriality for roadside 
inspectors  and  impoundment  of  the  vehicle  as  a  common  sanction  for  serious 
infringements.  An  advisory  committee  is  established  comprising  representatives  of 
national enforcement agencies to promote continued involvement and commitment to 
the  enforcement  of  the  Regulation.  The  new  Regulation  was  finally  agreed  on  2 
February 2006 by the European Parliament and the Council and will enter into force 
20  days  after  its  publication  (expected  May  2006).  Its  provisions  will  be  applicable 
after  one  year,  apart  from  those  concerning  the  digital  tachograph  which  are 
immediately applicable.  

7 

COM (2001) 573 final of 12 October 2001 

EN 

9 

   EN

 
                                                 
4.2.8.  Revision of Directive 88/599/EEC 

The Commission also aimed at improving enforcement, effectiveness and uniformity 
of  checks  and  sanctions  with  its  proposal  to  revise  Directive  88/599/EEC8.  Its  three 
aims were to raise the quantity and quality of checks, encourage greater co-operation 
between enforcement authorities and address the issue of harmonisation of sanctions: 

In terms of increased quantity of checks the minimum percentage of checks is raised 
from  1%  to  3%  of  total  days  worked  by  professional  drivers;  within  this  overall 
percentage, the minimum percentage devoted to roadside checks is raised from 15% 
to 25% and that for checks at the premises from 25% to 50%. 

In  terms  of  increased  quality,  the  proposal  envisaged:  one  lead  co-ordinating 
enforcement  body  within  each  Member  State,  which  develops,  publishes  and 
implements  an  enforcement  strategy;  enforcement  staff  sufficiently  equipped  with  a 
basic  list  of  interoperable  equipment  and  trained  in  cooperation  with  other  Member 
State  forces;  a  road  infrastructure  with  sufficient  lay-bys  or  service  stations  to  carry 
out checks. Both random and targeted checks are to be carried out using a common 
risk rating system 

Co-operation  between  Member  States  enforcement  authorities  is  assured  through 
increased  use  of  concerted  actions,  better  exchange  of  information  through  an 
electronic network, and a standing committee of enforcement authorities to clarify the 
implementation  of  the  Directive,  encourage  a  coherent  approach  and  facilitate 
dialogue between industry and the agencies.  

In terms of sanctions, the proposal ensured that Member States include and use within 
their  range  of  sanctions,  temporary  immobilisation,  withdrawal,  suspension  or 
restriction  of  operator  licence  or  driving  licence,  all  to  be  used  effectively, 
proportionately  and  dissuasively.  The  proposal  also  advocates 
inclusion  of 
proportionate financial sanctions for the whole transport chain should offences lead to 
financial  gain.  Finally  it  contains  a  list  of  offences  to  be  commonly  recognised  as 
serious and which should therefore attract an appropriate penalty.  

The  provisions  of  the  new  Directive  were  finally  agreed  between  the  Council  and 
European Parliament on 2 February 2006. It will enter into force 20 days after the date 
of publication (May 2006), and Member States have until 30 April 2007 to transpose 
it.  

4.2.9.  The  introduction  of  working  time  for  the  road  transport  sector:  European 

Parliament and Council Directive 2002/15/EC 

Directive  2002/15/EC  of  the  European  Parliament  and  of  the  Council  on  the 
organisation  of  the  working  time  of  persons  performing  mobile  road  transport 
activities  was  adopted  on  11  March  2002.  The  implementation  of  this  Directive  as 
well  as  of  the  general  Working  Time  Directive  2003/88/EC  for  the  road  sector 
requires  the  transposition  into  national  law  of  the  Member  States.  The  transposition 
date of the sectoral directive 2002/15/EC was 23 March 2005.  Two Member States, 

8 

COM (2003) 628 final of 21 October 2003 

EN 

10 

   EN

 
                                                 
Finland and Spain, lodged a joint case before the European Court of Justice to annul 
part  or  the  entire  sector-specific  Directive.  The  Court  ruled  against  them  on  4 
September 2004. 

The  Commission  is  convinced  that  the  Directive,  when  implemented  in  all  the 
Member  States,  will  contribute  to  an  improvement  in  the  social  conditions  of  those 
persons performing mobile road transport and also to an improvement in road safety. 

4.2.10.  Summary comments 

Effective  application  of  the  rules  on  driving  times  and  rest  periods  is  in  everyone’s 
interest.  The  Commission  continues  to  encourage  all  the  Member  States  to  increase 
the  quantity  and  quality  of  checks  and  strengthen  enforcement  in  all  the  Member 
States,  as  well  as  to  undertake  co-operative  initiatives  promoting  exchanges  of 
information and personnel and undertake joint exercises. These actions will contribute 
to  an  enhancement  of  enforcement  activities  and  will  lead  to  a  better  common 
understanding of the implementation of the Regulation. 

Member States are reminded that the Regulation not only imposes a specific duty to 
provide this information but also fixes a time limit for sending it to the Commission 
of 30th September in the year following the expiry of the relevant two year period. 

The  Commission  is  encouraged  that  all  Member  States  have  provided  the  minimum 
level of enforcement of 1% of days worked by professional drivers. Moreover for the 
first time all provided the data within the standard format. However the results give 
cause  for  concern.  There  are  too  many  offences  and,  in  comparison  with  previous 
reports,  the  number  continues  to  grow.  In  a  highly  competitive  market,  in  which 
companies  are  under  pressure  to  keep  costs  to  a  minimum,  action  must  be  taken  to 
improve compliance with these essential rules. 

For this reason the Commission considers as crucial the two proposals, now an agreed 
set of legislative measures, to simplify, clarify and update the basic rules and enhance 
enforcement activity. It would also point out that industry will be keen to ensure that 
the new working time rules are applied and enforced uniformly and fairly throughout 
the  Union  to  avoid  any  distortion  of  competition.  It  also  expects  Member  States  to 
have  put  the  necessary  measures  in  place  to  introduce  the  digital  tachograph  to 
facilitate  a  tamperproof,  long-term  storage  of  data  as  well  as  quick,  accurate 
downloading and checking of data. 

Only with a more coherent set of rules, plus a greater effort and investment on the part 
of the Member States in terms of enforcement activity, can there be greater respect for 
Community social norms in the road transport sector. 

With this in mind, the Commission will continue to monitor developments in this field 
in all the Member States to ensure a harmonised implementation of social legislation, 
to encourage good practice and to strengthen levels and effectiveness of enforcement. 

EN 

11 

   EN