Annexes to COM(2007)622 - 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) - Main contents
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| dossier | COM(2007)622 - Implementation in 2003-2004 of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to ... |
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| document | COM(2007)622  |
| date | October 12, 2007 |
In its ruling of 17 March 2005 ( Criminal proceedings against Annic Andréa Raemdonck and Raemdonck-Janssens BVBA ), C-128/2004, the Court established that t he 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 2006[17]. 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 information and to develop harmonised and effective solutions 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.
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.
4.2.6. Repeal of Council Regulation No 3820/85
The new Regulation (EC) No 561/2006[18] 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/EC[19] 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/EC[20] 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.
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.
[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.
[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).
[3] OJ L 72, 25.3.1993, p. 33.
[4] These figures do not incorporate data on checks carried out by social inspectors and police as they were not suitably disaggregated.
[5] 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.
[6] Period covered 1.5.2004 - 31.12.2004.
[7] 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.
[8] Period covered is year 2004.
[9] The offences recorded by police and social inspectors have not been incorporated into the Table above, as they were not suitably disaggregated.
[10] 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
[11] Member State did not supply this data.
[12] Ireland reported only offences done by national and other Member States.
[13] Switzerland reported only the total amount.
[14] OJ L 370, 31.12.1985, p. 1.
[15] OJ L 325, 29.11.1988, p.5
[16] Cf. footnote 6.
[17] Article 29 of Regulation (EC) No 561/2006
[18] OJ L 102,11.4.2006, p.1
[19] OJ L 102, 11.4.2006, p.35
[20] OJ L 80, 23.3.2002, p.35