Annexes to COM(2024)405 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)405 - . |
|---|---|
| document | COM(2024)405 |
| date | September 13, 2024 |
By contrast, Greece and Italy reported on supreme court judgments regarding some provisions of Directive 2002/15/EC. In Germany, in its order of 19 May 2021, the BAG ruled on the interpretation of Article 10 of Directive 2002/15/EC31.
4. Offences against working time rules
Only twelve Member States32 provided some quantitative data on the offences detected. This number is slightly higher compared to the previous reporting period where eleven Member States33 provided this information. The insufficient number of contributions does not however allow for EU-wide conclusions to be drawn.
Germany informed that there are often violations of the maximum weekly working time or failure to compensate for the maximum weekly working time. Most frequent breaches of the legislation reported are on breaks.
Some Member States indicated that more frequent controls lead to increased knowledge of the rules among employers and drivers and to a behaviour correction.
5. Stakeholders' views on implementation of Directive 2002/15/EC
As required by Article 13 of Directive 2002/15/EC, eleven Member States34 clearly indicated that the two sides of the industry had been consulted for the purpose of this reporting exercise. This number is slightly higher compared to the last report35, but still shows that more than a half of Member States do not involve social partners in reporting on the implementation of the working time rules. Austria explained that social partners were not consulted, but that the draft annual report is not only discussed in Parliament (Social Committee) but is also publicly available on the website of the Labour Inspectorate.
In seven out of the eleven Member States36, the views of social partners were reflected in a separate section or paragraph.
Opinions from social partners cannot be further analysed, as they do not constitute a representative sample.
III. Conclusions
The general outcome of the analysis on the implementation and enforcement of the EU road transport social rules show that the overall performance as regards enforcement and compliance levels in 2021-2022 remain stable, with some positive evolutions, compared to 2019-2020.
There was an increase in the total number of working days checked in the current reporting period, which reverses a decreasing trend observed in last years. Nevertheless, compared to the previous reporting periods, both the reported number of vehicles and the reported number of drivers checked at the roadside throughout the EU decreased. An increase was however observed for the number of transport undertakings checked at the premises. At the same time, the ratio of the working days checked at the roadside and at the premises is better balanced (53% at the roadside and 47% at the premises while 60% and 40% respectively in the last report), which is a positive development bringing the ratio of these two types of controls closer to the legal requirements.
The total number of offences detected at the premises and at the roadside increased compared to the last report, especially regarding offences detected at the premises. The detection rate at premises remains higher than the detection rate at the roadside, which confirms that targeted checks at the premises are more efficient than random roadside controls. Moreover, the average detection rate at premises increased compared to the last reporting period.
Infringement detection rates vary significantly throughout the EU (from 0.08 to 12.40). This fact indicates that it is imperative to better target checks. The access to data, such as risk rating, at the roadside has high importance notably to better target controls and to reduce unnecessary ‘clean’ checks, i.e. checks where no infringements are detected. The access to the risk rating data by roadside inspectors is made obligatory in line with new requirements introduced by Mobility Package I.
As regards concerted and joint checks among Member States, it clearly appears that they contribute to knowledge-sharing, and to establishing a harmonised approach to the understanding and enforcement of EU rules in force. Therefore, the Commission encourages the Member States to further strengthen their efforts in improving cooperation, through joint inspections and concerted checks, as well as to benefit from the assistance offered by the European Labour Authority. The Commission will pay particular attention to joint enforcement actions in the next period.
The shares of the different types of infringements remain similar to the last reporting period. At the premises, offences related to the lack of driving time records amount to nearly one third of all detected offences indicating difficulties with storing the relevant data appropriately by undertakings. In contrast, offences related to breaks, rest periods and driving times amount to almost half of all detected offences at the roadside.
As regards the implementation of Directive 2002/15/EC, the lack of comparable quantitative data and qualitative information in many national reports makes an in-depth assessment difficult. The Commission would like to stress the importance of this reporting exercise and reminds that a legal action can be launched against Member States failing to comply with the requirement to submit the information as required by Article 17 of Regulation (EC) No 561/2006.
The Commission observes that the overall enforcement and compliance levels, following the application of Mobility Package I, improved in the current reporting periods. An implementing act adopted by the Commission on a harmonised risk rating formula37 allows enforcers to recognise quickly the profile of the company they intend to check and to know whether a company has a low risk rating (due to low-level of law breaches) or a high risk rating (high-level of law breaches). In addition, a remote early detection of possible manipulation and misuse of digital tachograph, gives enforcers a possibility to select which vehicles to control. The Commission will continue investigating how digitalisation and automation technologies could help to make controls of compliance smarter (more effective, efficient, paperless, based on access to and exchange of digital data).
The Commission insists on the importance of the submission by Member States of full sets of data on the implementation of the social rules relating to road transport as required by Article 13 of Directive 2002/15/EC, Article 10g of Council Directive 96/53/EC and Article 17 of Regulation (EC) No 561/2006. The Commission will strengthen the monitoring of the fulfilment of the reporting obligations by Member States. At the same time, the Commission will explore technical possibilities to make the reporting process smarter and easier for Member States.
Moreover, the Commission will continue working towards improving the monitoring of the implementation and enforcement of the social rules in road transport with the assistance of Member States. It calls on Member States to include the views of both sides of industry on the implementation of the working time rules, as required by Directive 2002/15/EC.
1 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).
2 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
3 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35.
4 Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).
5 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, p. 59).
6 Only Austria, the Netherlands, Lithuania, Poland and Sweden have provided information pursuant to Article 10g of Council Directive 96/53/EC for the period 2021-2022.
7 Article 17 of Regulation (EC) No 561/2006 requires Member States to communicate every two years the necessary information to enable the Commission to draw up a report on the application of that Regulation and the developments in the fields in question. Article 13 of Directive 2002/15/EC provides that Member States should report to the Commission on the implementation of the Directive, indicating the views of the two sides of the industry. The reports on Directive 2002/15/EC and Regulation (EC) No 561/2006 can be presented in one single document as both legislative acts cover the same two-year reporting period and establish complementary rules for professional drivers.
8 C(2017) 1927 final.
9 The last national report was submitted on 30 May 2024.
10 This is the case for Lithuania who informed that data on analogue and smart tachographs was not available due to technical error.
11 Like in the previous reporting period, Latvia did not provide this categorisation for offences at premises.
12 Most detailed statistics were provided by the Czech Republic, Finland, Greece, Poland and Slovenia.
13 This figure is based on the number of working days for two years and the number of registered vehicles in scope of the Regulation during that period for each Member State.
14 The term ‘working days’ is used interchangeably with the term ‘days worked’ by a driver in the relevant legislation: Regulation (EC) No 561/2006, Directive 2006/22/EC and Decision (EU) 2017/1013.
15 Nevertheless, Malta has still not met the threshold of 3% of working days checked.
16 Especially in Austria, Bulgaria, Germany, Portugal and Romania.
17 Croatia, Cyprus, Estonia, Greece, Malta, the Netherlands, Slovakia and Sweden, In 2019-2020 these countries were: Bulgaria, Cyprus, Estonia, Latvia, Lithuania and Slovakia.
18 The data also includes EEA countries and Switzerland.
19 Latvia did not provide types of offences at premises checks.
20 Offences regarding recording equipment relate to the incorrect functioning and misuse or manipulation of the recording equipment.
21 Prefettura Ufficio territoriale del governo di Firenze v. MI (C‑870/19), TB (C‑871/19), ECLI:EU:C:2021:233.
22 OL and Others v Rapidsped Fuvarozási és Szállítmányozási Zrt, ECLI:EU:C:2021:548.
23 Criminal proceedings against FO, ECLI:EU:C:2021:715.
24 Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR), ECLI:EU:C:2022:531.
25 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2020:249:FULL&from=FR
26 Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (OJ L 186, 11.7.2019, p. 21).
27 Austria, Belgium, Denmark, France, Germany, Italy, Lithuania, the Netherlands, Slovenia and Romania.
28 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p.9).
29 Greece, Estonia, Germany, Italy and Sweden. Denmark reported that legal disputes concerning the implementation of Directive 2002/15/EC have been dealt by courts of first instance. There have been no legal decisions by the Estonian supreme court.
30 The judgment became final in January 2023 stating that if a company is bound by a central collective agreement governing the question of total working time and night work, it is deemed to have been subject to this agreement and not to specific articles of the Road Working Time Act.
31 Article 10 of Directive 2002/15/EC allows Member States to apply or introduce rules more favourable to the protection of the health and safety of persons performing mobile road transport activities.
32 Cyprus, Czech Republic, Finland, France, Greece, Germany, Hungary, Poland, Romania, Slovakia, Slovenia and Sweden.
33 Austria, Cyprus, Czech Republic, Finland, Germany, Hungary, Italy, Luxembourg, Poland, Slovakia and Spain.
34 Cyprus, Estonia, Finland, France, Germany, Greece, Italy, Portugal, Slovakia, Slovenia and Sweden.
35 Cyprus, Estonia, Finland, France, Germany, Italy, Poland, Portugal, Slovakia and Sweden.
36 France, Germany, Greece, Italy, Portugal, Slovenia and Sweden.
37 Commission Implementing Regulation (EU) 2022/695 of 2 May 2022 laying down rules for the application of Directive 2006/22/EC of the European Parliament and of the Council as regards the common formula for calculating the risk rating of transport undertakings (OJ L 129, 3.5.2022, p. 33).
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