23rd report from the Commission on the implementation in 2003-2004 of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport.
This report is the sixth in the series of Commission reports concerning the implementation of Council Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport. The Regulation concerns maximum driving times and minimum break and rest periods for professional drivers as well as control procedures. Under the accompanying Directive1, Member States are obliged to ensure that at least 1% of all days worked by professional drivers of lorries and buses are checked either through inspections on the premises of transport undertakings or at the roadside. To enable the European Commission to draw up a report on the application of the Regulation's provisions, Member States are obliged to submit necessary information every two years, using a standard form. The present report is the result of compilation and analysis of data provided by Member States stemming from the inspection and enforcement activities carried out during the period 2003-2004 in relation to the provisions of Regulation (EEC) No 3820/85. Apart from presenting key statistics and main developments in the field, this report also includes Member States' views on the implementation of the Regulation. Despite the reporting obligation imposed by the Regulation, some Member States did not provide the necessary information in due time and some did not provide data in the required format. One country provided its input only after being subject to infringement proceedings. All this caused a delay in the compilation of this biennial report by the Commission. In order not to delay the next report, it is very important that the Member States' reports covering the years 2005-2006 reach the Commission by 30 September 2007. These reports will have to include, for the first time, information on implementation of the Working Time Directive 2002/15/EC according to its Article 13(1). This will enable the Commission to draw up a comprehensive report containing all relevant information with regard to implementation of the social rules in road transport. Analysis of the data received reveals that five Member States (Belgium, Germany, France, Luxembourg and Austria) increased the number of working days checked. The other Member States indicated a reduction in the number of working days checked, although they were still above the required minimum level∗. Taken as a whole, the average total number of working days checked (national and non-national together) decreased during the period 2003-2004 to around 2.3 million, compared with an average of 2.6 million working days checked in the previous reporting period.