CELEX: 51993PC0348
Language: en
Date: 1993-07-23
Title: Proposal for a COUNCIL DECISION on the creation of a Community data base on road accidents

No C 225 /6                          Official Journal of the European Communities                                      20 . 8 . 93
   — refrain from taxing such profits, or                       them to comply with this Directive before 1 January
                                                                 1994. They shall forthwith inform the Commission
   — tax such profits while authorizing the parent              thereof.
        company to deduct from the amount of tax due
        that fraction of the corporation tax paid by the
        subsidiary and any preceding subsidiary which           When the Member States adopt such provisions, the
                                                                 latter shall contain a reference to this Directive or shall
        relates to those profits and, if appropriate, the
        amount of the withholding tax levied by the             be accompanied by such a reference when they are
        Member State in which the subsidiary and any             officially published. The arrangements for such a
        preceding subsidiary are resident, pursuant to the       reference shall be determined by the Member States .
        derogations provided for in Article 5 , up to the
        limit of the amount of the corresponding                 2.    Member        States    shall    communicate     to     the
        domestic tax. Preceding subsidiaries shall be            Commission the texts of the main provisions of national
        deemed to be all successive companies which are          law which they adopt in the field covered by this
        subsidiaries, within the meaning of Article 3, of        Directive .
        the company which precedes them.'
                          Article 3
                                                                                              Article 4
1.   Member States shall bring into force the laws,
regulations and administrative provisions necessary for         This Directive is addressed to the Member States .
              Proposal for a Council Decision on the creation of a Community data base on road accidents
                                                      (93 /C 225 /07)
                                                    COM(93) 348 final
                                      (Submitted by the Commission on 26 July 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         to put into effect new common initiatives and compare
                                                                 existing national experience in the areas of action and
                                                                 research relating to the campaign on road accidents and
Having regard to the Treaty establishing the European            the consequences thereof for the victims (2),
Economic Community, and in particular Article 213
thereof,
                                                                 Whereas the creation of a Community data base on road
                                                                 accidents is one of the priorities selected by the high
                                                                 level group of the representatives of the Governments of
Having regard to the proposal from the Commission,               the Member States (});
Having regard to the opinion of the European                     Whereas in its White Paper on the future development of
Parliament,                                                      the common transport policy (4) and its communication
                                                                 for an action programme on road safety (5) the
                                                                 Commission considers that, bearing in mind the
Whereas the resolution of the European Parliament on             significant differences in the levels of road safety of the
the adoption of common measures to reduce road                   different Member States, a major priority in this area
accidents has been adopted ('),                                  should be to promote the exchange of information and
                                                                 experience and set up a Community data base ;
Whereas the Council and the representatives of the
Governments of the Member States meeting within the
Council of 21 June 1991 adopted a resolution requesting          O OJ No C 178 , 9 . 7 . 1991 , p. 1 .
the Commission to draw up and implement a                        (3) 'Priority fields for action and guidelines for a Community
                                                                     road safety programme' — Final report (April 1992 point
Community programme of practical measures designed                   3.1.3).
                                                                 (4) COM(92) 494 of 2 . 12 . 1992 , V.2.373 .
O OJ No C 68 , 24. 3 . 1986, p. 35 .                             O COM(93) 246, 9 . 6 . 1993 .
 ---pagebreak--- 20 . 8 . 93                            Official Journal of the European Communities                              No C 225 / 7
Whereas the Member States gather statistics on road                                           Article 2
accidents occurring on their territory and centralize the
data in national computerized files ; but whereas there is        1 . The data on accidents resulting in injury or death
at present no common data base allowing access to these          for a given year stored in the national computerized files
                                                                 shall be communicated to the Statistical Office of the
individual bases and use of the data therein :
                                                                 European Communities (SOEC) as soon as possible and
                                                                 not later than six months after the end of the reference
                                                                 year in question .
Whereas      a data base       created   and managed       at
Community leve would make it possible to identify and             2. Data referred to in paragraph 1 above which are
quantify the problems, evaluate the efficiency of any            protected by national laws on the confidentiality of stat­
measures taken and determine the relevance of any                istics shall also be transmitted to the SOEC, which shall
Community action ;                                               treat them in accordance with Council Regulation
                                                                  (Euratom, EEC) No 1588 /90 of 11 June 1990 0).
Whereas the Member States acting separately cannot               The Commission, in consultation with the Member
create a data bank of this type and whereas the                   States, shall determine what information should not be
Community, in line with the principle of subsidiarity, will       included in the files transmitted .
not intervene except to ensure that the national data
bases on statistics are centralized, to guarantee close
coordination between the Member States and, therefore,                                        Article 3
the smooth operation of the Community data base ;                 1.    The data shall be transmitted on a readable medium
                                                                 whose type and format shall be decided by the Member
                                                                  States in consultation with the Commission .
Whereas it is necessary to decide on the practical aspects
of transmitting existing national data to the Commission,         2 . If the statistics are corrected by the Member States
particularly the intervals, the deadlines and the medium          after transmission to the SOEC, the Member States shall
to be used for such transmission ;                                communicate to it a complete copy of the updated file.
                                                                  3.    Member States wishing to change the form or
Whereas any analysis of road safety problems should               content of their data file shall do so in consultation with
concentrate first and foremost on accidents involving             the Commission . Where Member States make changes to
death or injury and should not include material damage,           files already transmitted to the SOEC, the amended
but whereas for the purpose of such an analysis it is not        version of the files in question shall also be transmitted
necessary to identify the persons involved ;                      to the SOEC .
                                                                  4. Each Member State shall be responsible for the
Whereas the Commission should take steps to ensure                quality of the statistics it provides.
that confidential statistics are protected,
                                                                  5.    The Commission shall be responsible for processing
                                                                  the data received .
HAS DECIDED AS FOLLOWS :
                                                                                              Article 4
                                                                  1 . The Commission shall be responsible for dissemi­
                           Article 1                              nating the data received. It shall decide, after consulting
                                                                  the Member States concerned, on the procedures for
 1.     The Member States shall establish statistics on road      access to the statistics on accidents resulting in injury or
accidents resulting in injury or death that occur on their        death centralized by the Commission, on any publi­
territory.                                                        cations, and on any other information conducive to the
                                                                  smooth operation of the Community data base .
2. For the purposes of this Directive, 'accident                  2.    In consultation with the Member States, the
resulting in injury or death' means any collision between         Commission shall examine any methodological or
road users involving at least one vehicle in motion on a          technical problems arising in connection with the estab­
public highway normally open to traffic and causing               lishment and transmission of the statistics or the way
injury to and/or the death of one or more of the road             they are collected in order to find solutions which will
users .                                                           gradually lead to the data from the Member States being
                                                                  as consistent and comparable as possible .
3.      The data collected shall be centralized in a national
computerized file .                                               (') OJ No L 151 , 15 . 6 . 1990, p. 1 .
 ---pagebreak---  No C 225 / 8                        Official Journal of the European Communities                               20 . 8 . 93
                          Article 5                                                     Article 7
 For the implementation of the consultations provided for      Three years after the entry into force of this Decision
in Article 2 (2) and Article 4 ( 1 ) and (2) above, the        the Commission shall present to the Council :
Commission shall be assisted by the Statistical
Programme Committee established under Council                  (a) an evaluation report on the results obtained in
Decision 89/382/EEC, Euratom of 19 June 1989 (*) in                implementing the measures referred to in Articles 2,
accordance with the procedure laid down in Article 6               3 and 4 ;
hereafter.
                                                               (b) the conclusions stemming from that report on the
                                                                   continuation of the project provided for by this
                                                                   Decision.
                          Article 6
                                                                                        Article 8
The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The             1 . The appropriations allocated each year to this
Committee shall deliver its opinion of the draft, within a     project shall be determined as part of the annual
time limit which the chairman may lay down according           budgetary procedure.
to the urgency of the matter, if necessary by taking a
vote .                                                         2 . The budget authority shall determine the amount of
                                                               appropriations available in each financial year.
The opinion shall be recorded in the minutes ; in addition                              Article 9
each Member State shall have the right to ask to have its      Member States shall take the measures necessary to
position recorded in the minutes.                              comply with the requirements of this Decision by
                                                               31 December 1993 at the latest and shall notify the
                                                               Commission forthwith that they have done so.
The Commission shall take the utmost account of the
opinion delivered by the Committee. It shall inform the                                Article 10
Committee of the manner in which the opinion has been
taken into account.                                            This Decision is addressed to the Member States .
O OJ No L 181 , 28 . 6. 1989, p. 47.