Directive 2006/22 - 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 - Declarations

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1.

Current status

This directive has been published on April 11, 2006, entered into force on May  1, 2006 and should have been implemented in national regulation on April  1, 2007 at the latest.

2.

Key information

official title

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 - Declarations
 
Legal instrument Directive
Number legal act Directive 2006/22
Original proposal COM(2003)628 EN
CELEX number i 32006L0022

3.

Key dates

Document 15-03-2006
Publication in Official Journal 11-04-2006; Special edition in Romanian: Chapter 07 Volume 015,OJ L 102, 11.4.2006,Special edition in Croatian: Chapter 07 Volume 013,Special edition in Bulgarian: Chapter 07 Volume 015
Effect 01-05-2006; Entry into force Date pub. + 20 See Art 18
Deadline 02-06-2021; See Art 9.1 And 32020L1057
End of validity 31-12-9999
Transposition 01-04-2007; At the latest

4.

Legislative text

11.4.2006   

EN

Official Journal of the European Union

L 102/35

 

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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), in the light of the joint text approved by the Conciliation Committee on 8 December 2005,

Whereas:

 

(1)

Council Regulations (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (3) and (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (4) and Directive 2002/15/EC of the European Parliament and the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (5) are important for the creation of a common market for inland transport services, for road safety and for working conditions.

 

(2)

In its White Paper ‘European transport policy for 2010: time to decide’, the Commission indicated the need to tighten up checks and sanctions particularly for social legislation on road transport activities, and specifically to increase the number of checks, to encourage the systematic exchange of information between Member States, to coordinate inspection activities and to promote the training of enforcement officers.

 

(3)

It is therefore necessary to ensure proper application and harmonised interpretation of the social rules on road transport through the establishment of minimum requirements for the uniform and effective checking by the Member States of compliance with the relevant provisions. Those checks should serve to reduce and prevent infringements. Furthermore, a mechanism should be introduced which ensures that undertakings with a high risk rating are checked more closely and more often.

 

(4)

The risks arising from driver fatigue should also be addressed through enforcement of Directive 2002/15/EC.

 

(5)

The measures provided for in this Directive should not only lead to greater road safety but should also contribute to a harmonisation of working conditions in the Community and promote a level playing field.

 

(6)

The replacement of analogue tachographs by digital tachographs will progressively enable a greater volume of data to be checked more swiftly and more precisely and, for that reason, Member States will be increasingly able to undertake more checks. In terms of checks, the percentage of days worked by drivers of vehicles falling within the scope of the social legislation that are checked should therefore be gradually increased to 4 %.

 

(7)

As regards checking systems, the aim must be that national systems develop towards European interoperability and practicability.

 

(8)

Sufficient standard equipment and appropriate legal powers should be available to all enforcement units to enable them to carry out their duties effectively and efficiently.

 

(9)

Member States should seek to ensure, without prejudice to the proper execution of the tasks imposed by this Directive, that roadside checks are executed efficiently and quickly, with a view to completing the check in the shortest time possible and with the least delay for the...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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