CELEX: 51988PC0707
Language: en
Date: 1989-01-05
Title: PROPOSAL FOR A COUNCIL DIRECTIVE RELATING TO THE MAXIMUM PERMITTED BLOOD ALCOHOL CONCENTRATION FOR VEHICLE DRIVERS

31. 1. 89                             Official Journal of the European Communities                               No C 25/9
                                                             II
                                                      (Preparatory Acts)
                                                COMMISSION
             Proposal for a Council Directive relating to the maximum permitted blood alcohol concen-
                                                 tration for vehicle drivers
                                                     COM(88)    707 final
                                   (Submitted by the Commission on 12 December 1988)
                                                        (89/C 25/18)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas the resolution of 13 March 1984 of the
                                                                  European Parliament on road safety (2) recommended
                                                                  that the Commission submit as soon as possible proposals
Having regard to the Treaty establishing the European             to establish a single maximum permissible blood alcohol
Economic Community and in particular Article 75                   concentration of 0,80 mg/ml for all drivers; and whereas
thereof,                                                          the resolution of 18 February 1986 (5) reiterated this
                                                                  recommendation;
Having regard to the proposal from the Commission,
                                                                  Whereas the Member States have differing laws
                                                                  concerning the maximum permitted level of alcohol in a
Having regard      to  the   opinion   of   the   European        driver's blood; whereas intra-Community road traffic is
Parliament,                                                       substantial and whereas therefore it is desirable to
                                                                  approximate laws concerning the maximum permitted
                                                                  alcohol level in the blood of drivers;
Having regard to the opinion of the Economic and
Social Committee,
                                                                  Whereas laboratory tests have shown that drivers'
                                                                  reaction time increases greatly, while their ability to
Whereas one of the objectives of the common transport             process information decreases greatly, where their blood
policy is to lay down common rules applicable to inter-           alcohol concentration exceeds 0,80 mg/ml and whereas
national transport within the Community, in particular            tests have also shown that, above this level alcohol is the
with regard to safety conditions applying to road users in        principal factor governing the risk of an accident;
the Member States;
                                                                  Whereas it is proven that driving ability can be severely
Whereas the growth of road traffic and the resulting              impaired even at blood alcohol concentration of 0,50
increase in danger present all Member States with safety          mg/ml and that the risk of accident involvement in that
problems of a similar nature and seriousness;                     case is more than one-and-a-half times as high as in the
                                                                  case of sober drivers,
Whereas the resolution of 19 December 1984 adopted by
the Council and the representatives of the Governments            HAS ADOPTED THIS DIRECTIVE:
of the Member States of the European Communities,
meeting within the Council ('), undertook to ensure the
rapid adoption of road safety measures, and invited the                                    Article 1
Commission to submit proposals;
                                                                  For the purposes of this Directive 'driver of a vehicle'
                                                                  means any driver of a power driven vehicle with three or
Whereas drinking and driving is estimated to be a                 more wheels and any rider on a power-driven two-wheel
contributory factor in one-third or more of the 50 000            vehicle.
road deaths per year in the Community;
                                                                  (2) OJ No C 104, 16. 4. 1984, p. 38.
(') OJ No C 341, 21. 12. 1984, p. 1.                              (3) OJ No C 68, 24. 3. 1986, p. 35.
 ---pagebreak--- No C 25/10                              Official Journal of the European Communities                               31. 1. 89
                          Article 2                                 cation. They shall forthwith inform the Commission
                                                                    thereof.
The maximum permitted blood alcohol concentration for
drivers of vehicles shall be no more than 0,50 mg alcohol
                                                                    2.    Member States shall ensure that the texts of the
per ml of blood as from 1 January 1993.
                                                                    main provisions of national law which they adopt in the
                           Article 3                                field covered by this Directive are communicated to the
                                                                    Commission.
1.    Member States shall, after consulting the
Commission, bring into force the laws, regulations and                                      Article 4
administrative provisions which are necessary in order to
comply with this Directive within 12 months of its notifi-          This Directive is addressed to the Member States.
              Re-examined proposal for a Council Directive on the approximation of laws, regulations and
                     administrative provisions of the Member States relating to construction products (')
                                                 COM(88)    783 final - SYN 77
              (Submitted by the Commission to the Council in accordance with Article 149 2(d) of the EEC
                                                  Treaty on 12 December 1988)
                                                          (89/C 25/19)
              The Commission has re-examined its proposal for a Council Directive on the approximation of
              laws, regulations and administrative provisions of the Member States relating to construction
              products (2) following the position of the European Parliament (J) on the occasion of its second
              reading. It maintains the joint position as laid down in the Council document 7658/88 of 26
              July 1988, with the following modification however:
              In Article 2 (3) the words in bold type are added:
                    '3.   When a future directive will concern mainly other aspects and only to a minor extent
                    the essential requirements of this Directive, that other directive shall contain provisions
                    ensuring that it also covers the requirements of this Directive.'
               0) OJ No C 30, 4. 2. 1988, p. 9.
               (2) EP 128.503 16. 11. 1988.
               (5) OJ No C 305, 16. 11. 1988, p. 75.