Report from the Commission on the implementation in 2003-2004 of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport (23rd Report from the Commission on the implementation of the social legislation relating to road transport) {SEC(2007) 1359}
Date: 2007-10-12
Institutions: European Commission
Subjects: EU Member State, drivers, road transport, traffic control, traffic offence, working conditions, working time

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.10.2007 
COM(2007) 622 final 

REPORT FROM THE COMMISSION 

on the implementation in 2003-2004 of Regulation (EEC) No 3820/85 on the 
harmonisation of certain social legislation relating to road transport  
(23rd report from the Commission on the implementation of the social legislation 
relating to road transport) 

{SEC(2007) 1359} 

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REPORT FROM THE COMMISSION 

on the implementation in 2003-2004 of Regulation (EEC) No 3820/85 on the 
harmonisation of certain social legislation relating to road transport  
(23rd report from the Commission on the implementation of the social legislation 
relating to road transport) 

EXECUTIVE SUMMARY 

This report is the sixth in the series of Commission reports concerning the implementation of 
Council  Regulation  (EEC)  No  3820/85  on  the  harmonization  of  certain  social  legislation 
relating  to  road  transport.  The  Regulation  concerns  maximum  driving  times  and  minimum 
break  and  rest  periods  for  professional  drivers  as  well  as  control  procedures.  Under  the 
accompanying  Directive1,  Member  States  are  obliged  to  ensure  that  at  least  1 %  of  all  days 
worked by professional drivers of lorries and buses are checked either through inspections on 
the premises of transport undertakings or at the roadside.  

To  enable  the  European  Commission  to  draw  up  a  report  on  the  application  of  the 
Regulation's  provisions,  Member  States  are  obliged  to  submit  necessary  information  every 
two years, using a standard form. The present report is the result of compilation and analysis 
of data provided by Member States stemming from the inspection and enforcement activities 
carried out during the period 2003-2004 in relation to the provisions of Regulation (EEC) No 
3820/85. Apart from presenting key statistics and main developments in the field, this report 
also includes Member States' views on the implementation of the Regulation. 

Despite  the  reporting  obligation  imposed  by  the  Regulation,  some  Member  States  did  not 
provide the necessary information in due time and some did not provide data in the required 
format. One country provided its input only after being subject to infringement proceedings. 
All this caused a delay in the compilation of this biennial report by the Commission. In order 
not  to  delay  the  next  report,  it  is  very  important  that  the  Member  States'  reports 
covering  the  years  2005-2006  reach  the  Commission  by  30  September  2007.  These 
reports  will  have  to  include,  for  the  first  time,  information  on  implementation  of  the 
Working Time Directive 2002/15/EC according to its Article 13(1). This will enable the 
Commission  to  draw  up  a  comprehensive  report  containing  all  relevant  information 
with regard to implementation of the social rules in road transport.  

Analysis  of  the  data  received  reveals  that  five  Member  States  (Belgium,  Germany,  France, 
Luxembourg and Austria) increased the number of working days checked. The other Member 
States indicated a reduction in the number of working days checked, although they were still 
above the required minimum level∗. Taken as a whole, the average total number of working 
days checked (national and non-national together) decreased during the period 2003-2004 to 
around  2.3  million,  compared  with  an  average  of  2.6  million  working  days  checked  in  the 
previous reporting period. 

1 
∗ 

OJEU L 325, 29.11.1988, p.5  
However, with regard to the legislative change that took effect on 1 April 2007, the number of working 
days to be checked will have to increase in each Member State to 2% in 2008. 

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All Member States except Sweden and Portugal exceeded the basic checking standard of 
1 %  of  working  days  of  professional  drivers,  with  Germany,  Spain,  France, 
Luxembourg  and  Malta  exceeding  2 %.  Norway  and  Switzerland  also  clearly  passed 
2 %. 

The overall number of offences recorded has continued to rise in some Member States, in a 
few of them significantly. Generally, offences in respect of breaks and rest periods increased 
while  those  involving  driving  periods  decreased.  The  average  total  number  of  offences 
detected  remained  stable.  For  every  100  working  days  checked,  European  enforcement 
agencies detected 2,8 offences on average, which is almost the same level as in a period 2001-
2002 . However, there is great variation among the Member States: in some the detection rate 
is over 5, while in others it is less than 1. 

The situation ought to improve considerably with the new legislation on driving time and rest 
periods in road transport2 that entered into force partly on 1st May 2006 and partly on 11 April 
2007. These new rules provide a sound basis for the industry and enforcers. They provide for 
a targeted approach based on risk assessments, reinforce cooperation between Member States 
and  give  the  Commission  implementing  powers  to  be  executed  with  the  assistance  of  a 
regulatory  committee.  Now  all  efforts  need  to  be  focused  on  efficient  and  harmonised 
implementation of the improved set of social rules. 

2 

Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the 
harmonisation of certain social legislation relating to road transport and amending Council Regulations 
(EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 
102, 11.4.2006, p. 1) and Directive 2006/22/EC of the European Parliament and of the Council of 15 
March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 
and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing 
Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35). 

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1. 

INTRODUCTION  

This report, covering the two-year period 2003-2004, is based on the information supplied by 
Member  States  using  the  standard  form  introduced  in  accordance  with  the  Commission 
Decision of 22 February 19933. 

All the Member States used the standard form for submitting data to the Commission. Their 
returns  were  for  the  most  part  complete,  but  still  lack  uniformity,  and  some  of  the  data 
provided  were  fragmentary  or  lacking  in  some  aspect.  There  was  a  delay  in  submitting 
returns. One country submitted its report only after an infringement procedure was launched. 
The data provided by some Member States were not complete. This delayed the compilation 
of the report and reduced the scope for early and effective comparison of the statistics. 

The Member States which acceded to the European Union in 2004 did not yet have to submit 
their  reports  on  the  period  2003-2004.  However,  Hungary  submitted  a  report  for  the  whole 
period and Malta covered the time span from the date of accession till the end of the period, 
namely 1.5.2004-31.12.2004. 

Norway and Switzerland also sent their reports to the Commission. 

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. 

- a - 

- b -  

- c -  

- d -  

- e - 

Member State  Minimum 
number of 
working 
days to be 
checked 

Number of 
working 
days 
checked 
(nationals) 

Total number 
of working 
days checked

Number of 
working 
days 
checked 
(non-
nationals) 

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

Austria  

464 904 

611 790

299 277

911 067

Belgium4 

726 000 

1 028 094

200 642

1 228 736

Denmark 

220 000 

284 954

28 624

313 578

Finland 

297 000 

340 885

39 801

380 686

France 

2 505 000 

6 143 979

1 215 203

7 359 182

1.96

1.69

1.43

1.28

2.94

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4 

OJ L 72, 25.3.1993, p. 33. 
These figures do not incorporate data on checks carried out by social inspectors and police as they were 
not suitably disaggregated. 

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Germany 

2 987 237 

8 325 897

6 787 877

15 113 774

Greece 

10 705 

54 211

5 155

59 366

Hungary 

560 002 

669 819

148 155

817 974

Ireland 

721 524 

852 167

9 248

861 415

Italy 

2 818 497 

5 121 603

194 565

5 316 168

Luxembourg 

49 455 

166 382

31 204

197 586

Netherlands 

544 212 

498 801

64 248

563 049

Malta6 

Portugal7 

 128 

795

585 077 

123 864

16

866

811

124 760

Spain 

2 169 600 

4 093 346

419 854

4 513 200

Sweden 

484 000 

398 733

75 862

474 595

United 
Kingdom 

2 203 049 

3 586 801

236 706

3 823 507

Norway 

320 000 

873 778

94 788

968 566

Switzerland8 

204 397 

846 000

158 073

1 004 073

2.2. 

Offences: summary 

5.06

(5.55)5

1.46

1.19

1.89

4.00

1.03

6.34

0.21

2.08

0.98

1.74

3.03

4.91

Number of offences recorded: Articles 6, 7, 8 and 14 of Regulation (EEC) No 3820/85 

Overview by Member State 

Member 
State 

Passengers 

Goods 

Total 

  Nationals 

EU 
countries 

Third 
countries 

Total 
non-
nationals

Nationals

EU 
countries

Third 
countries 

Total 
non- 
nationals

Austria 

1 712 

823 

1 116 

1 939

26 612

10 496

6 146 

16 642

46 905

5 

6 
7 

8 

Data  received  from  Greece  indicate  a  particularly  low  number  of  vehicles  subject  to  EEC  3820/85; 
consequently the total minimum number of working days to be checked, resulting from a multiplication 
of  the  total  number  of  the  said  vehicles  and  a  number  of  days  worked  per  driver  also,  appears  to  be 
particularly low. Pending further verification of these figures, the arithmetically calculated performance 
ratio is not further taken into consideration.  
Period covered 1.5.2004 - 31.12.2004. 
In  the report  received  from  Portugal, data on  calculation of  minimum  checks were  missing;  therefore 
the figure concerning the minimum number of working days to be checked was taken from the previous 
report.  
Period covered is year 2004. 

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Belgium9 

Denmark 

161 

195 

235 

37 

272

3 432

6 233

781 

7 014

10 879

Finland 

1 003 

0 

3 

 3

15 142

France10 

103 611 

27 698 

27 698

6 315

29

18

70 

29

88

6 539

16 236

131 309

Germany 

28 360 

2 922 

2 291 

5 213

631 226

73 246

32 078 

105 324

770 123

Greece11 

Hungary 

Ireland12 

453 

600 

63 

77 

678 

741

7 930

1 196

3 612 

4 808

13 932

77

13 299

301

301

14 277

Italy 

11 477 

1 217 

35 

1 252

90 725

2 834

391 

3 225

106 679

Luxembourg 

3 

Netherlands 

884 

Malta 

Portugal 

Spain 

Sweden 

United 
Kingdom 

Switzerland13 

91 

2 059 

491 

2 825 

8 

12 

4 

294 

133 

275 

0 

18 

8

30

124

6 604

0 

4

1374

124

733

45

18

0 

124

259

148 

881

8 399

45

0 

18

1487

447 

741

36 649

4 147

814 

4 961

44 410

15 

7 

148

1 610

1 224

108 

1 332

3 581

282

27 418

11 565

767 

12 332

42 857

Overview by category of offence* 

Article 

Type of offence 

Number of offences 

6  Driving periods 

7  Breaks 

8  Rest periods 

14  Service timetable and duty rooster 

6 825

313 782

431 039

435 849

4 725

9 

10 

11 
12 
13 

The offences recorded by police and social inspectors have not been incorporated into the Table above, 
as they were not suitably disaggregated. 
France  does  not  distinguish  between  nationals  and  non-nationals,  but  between  residents  and  non-
residents.  It  does  not  include  detailed  figures  about  offences  in  passenger  and  good  transport  but  it 
provides with data on offences detected at road and at the premises of the undertaking 
Member State did not supply this data. 
Ireland reported only offences done by national and other Member States. 
Switzerland reported only the total amount. 

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Total 

1 185 395

* Data from Sweden and Greece were not available and, consequently, are not included in the table 

3. 

RELATIONS AND COOPERATION BETWEEN MEMBER STATES 

A  few  concerted  checks  and  cooperation  actions  as  regards  implementation  of  enforcement 
measures were undertaken by some Member States. 

Swedish control authorities undertook checks together with the control authorities in the other 
Nordic countries (Denmark, Finland and Norway). 

Austria  reported  concerted  checks  with  German  officers  in  the  area  of  Kundl  (Tyrol).  The 
German  police  were  given  the  Austrian  authorisation  for  checking  vehicles  on  the  road  in 
Austria and worked together with their Austrian counterparts. 

The  UK  reported  checks  carried  out  in  combination  with  other  enforcement  agencies 
concentrating  on  traffic  on  international  journeys  and  one  pan-European  check,  specifically 
focused on vehicles carrying dangerous goods. 

4. 

COMMENTS AND CONCLUSIONS 

4.1. 

Proposals from Member States 

Several  proposals  from  the  previous  reporting period  will  be  discussed  within  the  Advisory 
Committee set up under Article 18 of Regulation (EEC) No 3821/85. No additional proposals 
were made by Member States during the current reporting period. 

4.2. 

Comments 

The  legislation  in  force  has  been  a  common  Community  standard  for  setting  maximum 
driving  time  limits  as  well  as  breaks  and  rest  periods  for  road  transport  operators.  Its 
implementation  within  Member  States  plays  a  vital  role  in  enhancing  road  safety  and  fair 
competition, and improving drivers' working conditions. 

Even though the Regulation has been binding for more than 20 years now, Member States still 
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.  Some  of  the 
information  provided  by  Member  States  is  often  not  coherent  and  it  can  therefore  be  quite 
difficult to make accurate comparisons. 

To  address  these  problems  new  measures  were  introduced  in  2006.  The  digital  tachograph 
became  mandatory  for  all  new  vehicles  in  all  Member  States,  and  revisions  of  Regulation 
3820/8514 and its implementing Directive 88/599/EEC15 came into force in April 2007. 

14 
15 

OJ L 370, 31.12.1985, p. 1. 
OJ L 325, 29.11.1988, p.5 

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The  main  changes  introduced  by  the  Regulation  and  by  the  Directive  with  regard  to 
enforcement are as follows: 

- 

- 

- 

- 

- 

A new committee comprising enforcement officers from the Member States set 
up  to  assist  the  Commission  in  ensuring  a  harmonized  interpretation  and 
application of the rules; 

Extraterritoriality  of  sanctions  allows  an  inspector  at  a  roadside  check  to 
sanction an infringement regardless of where it was committed; 

Common range of sanctions to be set out by each Member State; 

Joint  training  programmes  on  best  practices  to  be  established  by  Member 
States; 

Enhanced  cooperation:  joint  checking  operations;  joint  training  exchanges 
between  Member  State  inspectors;  information  exchange  on  non-resident 
offenders. 

Moreover, the period for national transposition of Directive 2002/15/EC on the organisation 
of  the  working  time  of  persons  performing  mobile  road  transport  activities  expired  on  23 
March  2005.  Improvements  to  the  situation,  resulting  from  these  new  measures,  should  be 
seen in future reports. 

4.2.1.  Data submission 

The  lack  of  punctuality  in  the  provision  of  information  by  some  Member  States  to  the 
Commission  hinders  comprehensive  compilation  of  data  and  delays  the  finalising  of  the 
report.  The  submission  of  non-standard  figures  or  incomplete  data  additionally  hampers  a 
comprehensive  comparison  between  countries.  Greece  did  not  provide  data  concerning 
offences,  and  the  declared  number  of  vehicles  subject  to  Regulation  3820/85  appears  to  be 
very  low,  which  resulted  in  a  low  minimum  number  of  working  days  to  be  checked  and, 
consequently,  in  an  apparently  very  high  level  of  checks  carried  out16.  In  Portugal's  report 
submitted  only  in  the  wake  of  the  infringement  procedure,  data  on  calculation  of  minimum 
checks were missing. Norway and Switzerland used the standard reporting form, yet their data 
were not complete.  

4.2.2.  Checks 

Compared  to  the  previous  reporting  period  (2001-2002),  five  Member  States  recorded  an 
increase  in  the  number  of  checks,  namely  Austria,  Belgium,  France,  Germany  and 
Luxembourg. 

Most of the Member States passed the basic standard of 1 % of working days checked. The 
countries  which  carried  out  the  fewest  checks  were  Portugal,  Sweden  and  the  Netherlands. 
Sweden did not reach the required 1 % of working days checked (0.98%) and the Netherlands 
passed  it  by  a  small  margin  (1.03  %).  Portugal's  performance  was  far  below  the  minimum 
requirement, with only 0.21 % of working days checked. Germany, Greece, France and Spain 
continued  to  exceed  2  %  and  Luxembourg  also  passed  the  2  %  mark  this  time.  Among  the 

16 Cf. footnote 6. 

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countries that recorded a decrease in the percentage of working days checked compared to the 
previous  reporting  period,  four  of  them  noted  a  considerable  reduction  of  around  0.3 
percentage  points.  These  are  Sweden,  the  United  Kingdom,  Spain  and  Ireland.  Portugal’s 
statistics dropped by almost 1% (from 1.11 % to 0.21 %).  

4.2.3.  Offences 

Most  Member  States  provided  sufficient  data  regarding  the  infringements  for  the  relevant 
period.  Greece  did  not  provide  data.  Data  submitted  by  the  United  Kingdom  reflect  a 
difficulty in allocating figures between offences in respect of driving periods, rest periods and 
breaks. Sweden did not allocate the offences to different articles of the Regulation. 

The analysis of data shows that the total number of offences for the present period increased 
in some Member States, e.g. in Belgium, Denmark, Finland, Ireland, Italy, Spain and United 
Kingdom.  Linked  to  this  is  the  fact  that  in  Austria,  Belgium,  Denmark,  Finland,  France, 
Germany,  Greece,  Italy  and  Luxembourg  the  total  number  of  working  days  checked 
increased,  while  for  Ireland,  the  Netherlands,  Spain,  Sweden  and  the  United  Kingdom  the 
total number of working days checked decreased. 

As in the previous report, even though several Member States report an increase, only a small 
rise  in  the  total  number  of  offences  detected  throughout  the  EU  is  apparent.  In  the  period 
2001-2002 a total of 1 183 379 offences were recorded, and for the period 2003-2004 the total 
is 1 185 395. 

Compared  to  the  previous  reporting  period,  the  number  of  detected  offences  in  respect  of 
breaks and rest periods increased, while all other offences decreased. Even though half of the 
Member States reported an increase in offences against Article 6 (driving periods), the total 
number  of  offences  relating  to  driving  periods  decreased.  The  total  number  of  offences 
relating to Article 7 (breaks) rose by 29 % and there has been a fall in the number of those 
offences  only  in  Spain,  Luxembourg  and  the  Netherlands.  Offences  against  Article  8  (rest 
periods)  increased  moderately.  There  was  a  noticeable  reduction  in  the  number  of  offences 
detected in connection with Article 14 regarding the service timetable and duty roster. 

The ratio of the total number of infringements detected to the total number of working days 
checked  confirms  that  there  is  still  a  wide  disparity  between  Member  States  in  successful 
targeting  of  potential  offenders.  During  2003-2004  Austria,  Germany  and  Finland  were  the 
most successful, averaging 5.1, 5.0 and 4.26 offences detected per 100 working days checked 
over the relevant period. In some countries the detection level was over 2 offences (Denmark 
and  Italy)  per  100  working  days  checked,  or  over  1  offence  (France,  Ireland,  Netherlands, 
Hungary, United Kingdom, Portugal) per 100 working days checked, but other Member States 
did not attain this rate. The average detection rate is almost the same as in previous reporting 
period, i.e.: 2.8 offences detected per 100 working days checked. 

4.2.4. 

Interpretation  of  Council  Regulations  No  3820/85  and  No  3821/85  through  rulings 
made by the Court of Justice of the European Communities 

its 

ruling  of  16  January  2003 

In 
(Libor  Cipra  and  Vlastimil  Kvasnicka  v 
Bezirkshauptmannschaft  Mistelbach),  C-439/2001,  the  Court  established  that  in  the  case  of 
transport by more than one driver, Article 8(2) of Council Regulation 3820/85 applies as a lex 
specialis that prevails over paragraph 1 of that Article. Consequently, those provisions are not 
to  be  applied  cumulatively  and  the  drivers'  daily  rest  is  taken  in  a  period  of  30  hours.  The 

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same interpretation applies to Article 8(1) and (2) of the European Agreement concerning the 
Work of Crews of Vehicles engaged in International Road Transport (AETR). In addition, the 
Court  ruled  that  the  requirements  on  rest  periods  that  apply  to  crews  consisting  of  a  single 
driver or of at least two drivers are apparent with sufficient clarity from the wording of Article 
8(1) and (2) of Regulation 3820/85 and its context and objectives. 

In its ruling of 17 March 2005 (Criminal proceedings against Annic Andréa Raemdonck and 
Raemdonck-Janssens BVBA), C-128/2004, the Court established that the terms “material or 
equipment” in Article 13(1)(g) of Council Regulation (EEC) No 3820/85 must (in the context 
of  the  exemption  scheme  provided  for  in  Article  3(2)  of  Council  Regulation  (EEC)  No 
3821/85) be construed as covering not only tools and instruments but also the goods, such as 
building materials or cables, which are required for the performance of the work involved in 
the main activity of the driver. As the Court also recalled, the exception applies only provided 
that  driving  the  vehicle  does  not  constitute  the  driver's  main  activity.  The  driver  must,  in 
addition,  use  the  material  or  equipment  in  question  in  the  course  of  his  work.  Those  two 
conditions therefore relate to the activities of the driver, and not to those of the undertaking 
concerned. 

4.2.5.  Digital tachograph 

Commission Regulation (EC) No 1360/2002 of 13 June 2002 adapting for the seventh time to 
technical  progress  Council  Regulation  (EEC)  No  3821/85  on  recording  equipment  in  road 
transport  contains,  in  its  Annex  1B,  the  technical  specifications  of  the  digital  tachograph 
introduced by Council Regulation 2135/98. 

The  digital  tachograph  became  compulsory  for  all  new  vehicles  in  all  Member  States  on  1 
May  200617.  The  main  objective  of  introducing  the  digital  tachograph  was  to  harmonise 
implementation of the Driving Time Regulation as well as to unify and improve enforcement 
practices throughout the Member States. 

The  digital  tachograph  obliges  enforcement  agencies  to  update  their  ways  of  enforcing  the 
rules and prosecuting offenders. The Commission granted financial support to a project that 
promoted cooperation among Member States to work out common plans for implementation, 
to  exchange 
to 
implementation-related questions. Targeted action was launched to support implementation of 
the digital tachograph in the ten Member States that acceded to the European Union in 2004. 

to  develop  harmonised  and  effective  solutions 

information  and 

The  provisions  regarding  the  digital  tachograph  have  also  been  in  force  in  the  European 
Agreement concerning the work of crews of vehicles engaged in international road transport 
(AETR) since 16 June 2006, with a transitional period for non-EU AETR Contracting Parties 
until 16 June 2010. The digital tachograph will thus become obligatory for all European third 
countries that neighbour the European Economic Area. 

17 

Article 29 of Regulation (EC) No 561/2006  

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4.2.6.  Repeal of Council Regulation No 3820/85 

The  new  Regulation  (EC)  No  561/200618  entered  into  force  on  11  April  2007,  apart  from 
those  provisions  concerning  the  digital  tachograph,  which  entered  into  force  on  the  earlier 
date of 1st May 2006. 

The  new  Regulation  clarifies  and  updates  the  20-year-old  legislation.  It  aims  at  enhancing 
road  safety,  drivers'  working  conditions  and  fair  competition  within  Member  States.  Apart 
from  the  improved  social  and  safety  conditions,  new  measures  also  ensure  strict  and 
harmonised  enforcement  of  these  rules.  The  Regulation  strengthens  provisions  on  employer 
liability  and  prepares  the  ground  for  common  sanctions  in  respect  of  serious  infringements. 
An Advisory Committee was established on 24 May 2007 to promote continued involvement 
and commitment to the enforcement of the Regulation. 

4.2.7.  Repeal of Directive 88/599/EEC 

The  new  Directive  2006/22/EC19  entered  into  force  on  1  May  2006.  Member  States  were 
obliged to transpose the Directive into national legislation by 1 April 2007. 

The new Directive increases the required minimum quantity of checks gradually from 1 % to 
3 % of total days worked by professional drivers in year 2010. Within this overall percentage, 
the  minimum  percentage  devoted  to  roadside  checks  is  raised  from  15 %  to  30 %  and  the 
figure for checks at the premises rises from 25 % to 50 %. 

In order to improve the quality of checks, the Directive envisages establishing a coordinating 
enforcement  body  within  each  Member  State,  adequately  equipping  the  enforcement  staff 
with  a  basic  list  of  interoperable  equipment  and  ensuring  road  infrastructure  with  sufficient 
lay-bys or service stations to carry out checks. 

Cooperation  between  Member  States'  enforcement  authorities  is  assured  through  increased 
use of concerted actions, better exchange of information through an electronic network and a 
Regulatory  Committee  to  clarify  the  implementation  of  the  Directive.  Member  States 
nominate  a  body  for  intercommunity  liaison,  which  is  represented  in  the  Committee.  The 
Regulatory Committee was set up on 9 October 2006. It met on 19 January 2007 and endorsed 
a  uniform  sick  leave  form  that  replaces  27  different  national  models  and  thus  efficiently 
contributes  to  reducing  the  administrative  burden.  The  Commission  adopted  the  model  by 
Decision of 12 April 2007 on a form concerning social legislation relating to road transport 
activities. 

4.2.8.  The  legislation  concerning  working  time  for  the  road  transport  sector:  Directive 

2002/15/EC 

Directive  2002/15/EC20  was  due  to  be  implemented  into  national  legislation  by  23  March 
2005.  However,  there  are  Member  States  which  have  still  not  transposed  the  Directive's 
provisions fully and which are now the subject of infringement proceedings. 

OJ L 102,11.4.2006, p.1 

18 
19 OJ L 102, 11.4.2006, p.35 
20 OJ L 80, 23.3.2002, p.35 

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

The  next  reporting  period  2005-2006  will  cover  also  the  implementation  of  Directive 
2002/15/EC. 

4.2.9.  Conclusions 

Effective  application  of  the  rules  on  driving  times,  breaks  and  rest  periods  is  in  everyone’s 
interest. The Commission encourages all Member States to increase the quantity and quality 
of  checks,  undertake  concerted  checks  and  cooperative  initiatives  promoting  exchanges  of 
information  and  personnel.  These  actions  will  contribute  to  enhancement  of  enforcement 
activities  and  will  lead  to  harmonised  and  better  implementation  of  the  Regulation's 
provisions. 

The next reporting obligation will cover the years 2005-2006. It will be the last report under 
the  “old”  legislation.  At  the  same  time,  it  will  be  the  first  report  accompanied  by  a 
simultaneous  report  from  the  United  Nations  Economic  Commission  for  Europe  on  the 
implementation  of  the  European  Agreement  concerning  the  work  of  crews  of  vehicles 
engaged  in  international  road  transport  (AETR).  In  addition,  it  will  be  the  first  report  that 
includes the implementation of the Working Time Directive during the years 2005-2006. It is 
therefore  of  the  utmost  importance  that  the  country  reports  arrive  in  due  time  as  set  in  the 
Regulation and in the required uniform format. Moreover, information on the implementation 
of Directive 2002/15/EC will have to be provided by the same date. 

The  Commission  notes  that  nearly  all  Member  States  have  provided  the  minimum  level  of 
enforcement of 1 % of days worked by professional drivers. It is important that enforcement 
authorities make an effort to increase the quantity of checks that, from 1 January 2008, will 
have to cover 2 % of total number of working days. 

The results still give cause for concern, as the average number of offences did not fall over 
time. 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.  The 
Commission  is  confident  that  the  new  legislation  will  make  a  positive  contribution  in  this 
area. It would also point out that industry is 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. 

Only with greater effort and investment on the part of Member States in terms of enforcement 
activity will 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  to 
ensure  harmonised  implementation  of  social  legislation,  to  encourage  good  practice  and  to 
strengthen levels and effectiveness of enforcement. 

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