Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (Text with EEA relevance)

31.1.2009 EN Official Journal of the European Union L 29/45
COMMISSION DIRECTIVE 2009/5/EC
of 30 January 2009
amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to 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) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (1), and in particular Article 9(3) thereof,
Whereas:
(1) Directive 2006/22/EC contains in its Annex III an initial list of infringements of 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 (2) as well as Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (3).
(2) Article 9(3) of Directive 2006/22/EC provides for the possibility to adapt that Annex with a view to establishing guidelines on a common range of infringements, divided into categories. The most serious infringements are to include those which create a serious risk of death or serious personal injury.
(3) Providing further guidance on the categorisation of infringements is an important step towards ensuring legal certainty for undertakings and fairer competition between undertakings.
(4) A harmonised categorisation of infringements is also desirable in order to provide a common basis for the risk rating systems which Member States have to introduce according to Article 9(1) of Directive 2006/22/EC. Based on these harmonised categories, the inclusion of infringements committed by a driver or an undertaking in other Member States than the Member State of establishment would be facilitated.
(5) As a general rule, the categorisation of infringements should depend on their gravity and the possible consequences for road safety, as well as on the ability to control the driver’s and the undertaking’s compliance with the legislation.
(6) The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 18(1) of Regulation (EEC) No 3821/85,