REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2006/22/EC
Date: 2026-02-09
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: European Commission, delegated legislation, driving period, exchange of information, powers of the institutions (EU), road transport, traffic control, transfer of competence, transport safety, working conditions

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   EUROPEAN COMMISSION  Brussels, 9.2.2026  COM(2026) 61 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2006/22/EC         
 
 
1. Introduction 

Directive  2006/22/EC  (hereinafter,  “the  Directive”)1  was  adopted  to  lay  down  minimum 
conditions  for  implementing  Regulations  (EC)  No 561/20062  and  (EU)  No 165/20143  and 
Directive  2002/15/EC4.  It  sets  out  the  minimum  checks  that  need  to  be  carried  out  at  the 
roadside and on transport undertakings premises to verify whether drivers and undertakings are 
complying with the social legislation on road transport activities. The principal points to be 
covered  during  roadside  checks  and  checks  at  premises  are  listed  in Annex I. The  standard 
checking  equipment  that  must  be  available  for  enforcement  units  is  listed  in Annex II. The 
Directive also requires Member States to set up a risk rating system for undertakings based on 
the relative number and seriousness of infringements. Annex III lists infringements of the two 
Regulations and the level of seriousness. 

The Directive empowers the Commission to adopt delegated acts to amend Annexes I and II 
so  that  adjustments  can  be  made  to  reflect  developments  in  best  enforcement  practice. The 
Commission can also adopt delegated acts to amend Annex III to take account of regulatory 
developments and road safety considerations.  

2. Legal basis for the report 

This report is required under Article 15a(2) of the Directive, which allows the Commission to 
adopt  delegated  acts  for  a  period  of  five  years  from  1 August  2020.  This  power  is  tacitly 
extended for identical periods, unless the European Parliament or the Council object at least 
three months before the end of each period.  

Since the European Parliament and the Council did not oppose the extension of the delegation 
of power under Article 15a(2) of the Directive and did not revoke it  under Article 15a(3), this 
report covers the five-year period from 1 August 2020 to 31 July 2025.  

1 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions 
for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as 
regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC (OJ 
L 102, 11.4.2006, p. 35). 
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). 
3 Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs 
in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and 
amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of 
certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1). 
4 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of 
the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35). 

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3. Use of the delegation 

The delegation was used under Article 15a of the Directive to adopt Directive (EU) 2024/8465. 
This  Delegated  Directive  updated  the  list  of  infringements  in  Annex III  to  Directive 
2006/22/EC  following  the  adoption  of  Regulation  (EU)  2020/10546  (which  added  new 
provisions on infringements).  

Member State and industry experts and other affected groups were among those consulted on 
the draft delegated directive. European Parliament experts were also invited to a meeting of the 
Enforcement  Working  Group  on  2 June  2022.  The  Commission  adopted  the  Delegated 
Directive on 14 March 2024 and notified the European Parliament and the Council accordingly. 
Neither institution objected to the delegated act within the two-month period. The Delegated 
Directive was published in the Official Journal of the European Union on 31 May 20247 and 
entered into force on 20 June 2024. Member States had to transpose it into national law by 
14 February 2025.  

The delegation has not been used to date to amend Annexes I and II to Directive 2006/22/EC 
for  applying Articles 4  and  6. This  is  because  no  Member  State  has  submitted  any  relevant 
request for changes to the points to be covered during roadside checks and checks at premises 
and the Commission has not seen the need for changes.   

4. Conclusion 

The Commission welcomes the tacit extension of the delegation of power, which is necessary 
for Directive 2006/22/EC to achieve its aims and work properly.  

The Commission invites the European Parliament and the Council to take note of this report.  

5 Commission  Delegated  Directive  (EU)  2024/846  of  14 March  2024  amending  Directive 2006/22/EC  of  the 
European  Parliament  and  of  the  Council  on  minimum  conditions  for  the  implementation  of  Regulations  (EC) 
No 561/2006  and  (EU)  No 165/2014  and  Directive 2002/15/EC  as  regards  social  legislation  relating  to  road 
transport activities (OJ L, 2024/846, 31.5.2024). 
6 Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending 
Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, 
minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by 
means of tachographs (OJ L 249, 31.7.2020, p. 1). 
7 [Please mention the OJ reference] 

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