52024SC0215

EUROPEAN COMMISSION

Brussels, 13.9.2024

SWD(2024) 215 final

COMMISSION STAFF WORKING DOCUMENT

Social rules in road transport

Accompanying the document

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

on the implementation in 2021-2022 of Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (32nd report from the Commission on the implementation of the social legislation relating to road transport)

{COM(2024) 405 final}

1. Social legislation in road transport – objectives and key provisions

The EU social rules in road transport are established by four interrelated acts: Regulation (EC) No 561/2006, which establishes rules on driving times, breaks and rest periods for professional drivers, Directive 2002/15/EC, which sets out complementary provisions on the organisation of the working time of persons performing mobile road transport activities, Regulation (EU) No 165/2014 on recording equipment in road transport, and Directive 2006/22/EC, which determines minimum requirements for enforcement of these rules.

Regulation (EC) No 561/2006, also known as the Driving Time Regulation, applies to employed and self-employed drivers engaged in the carriage by road of goods where the maximum permissible mass of the vehicle exceeds 3.5 tonnes 1 and of passengers by vehicles carrying more than nine persons including the driver. The maximum weekly driving time of a driver should not exceed 56 hours (provided that no more than 90 hours are driven in any two consecutive weeks). The total daily driving time should not exceed 9 hours, although twice a week it can be extended to 10 hours. Breaks should last for at least 45 minutes (which may be separated into a break of 15 minutes followed by 30 minutes) and should be taken not later than after 4.5 hours of driving. The daily rest period is determined at the level of minimum 11 hours, which can be reduced three times a week to 9 hours.

Directive 2002/15/EC, also known as the Road Transport Working Time Directive, applies to mobile workers such as drivers, crew and other travelling staff, both with the employment or self-employment status. The Directive complements Regulation (EC) No 561/2006 by putting in place limitations on the maximum weekly and maximum average weekly working time of mobile workers in the road transport sector as well as adequate breaks and night work provisions. Directive 2002/15/EC defines working time as time devoted to all road transport activities, including driving, loading and unloading, assisting passengers boarding and disembarking from the vehicle, cleaning and technical maintenance and all other work intended to ensure the safety of transport operation. Specific time limits are set out in relation to weekly working time (excluding breaks and periods of availability) which amounts to maximum 48 hours a week, which may be extended to 60 hours, provided that over four months, an average of 48 hours a week is maintained. Moreover, a limitation to 10 hours on daily working time is introduced in case of night work. Each mobile worker is obliged to take a break after working consecutively for 6 hours, which should be at least 30 minutes, if working hours range from six to nine hours and at least 45 minutes, if working time equals to more than nine hours.

Regulation (EU) No 165/2014, also known as the Tachograph Regulation, sets out obligations and requirements in relation to the construction, installation, use, testing and control of tachographs used in road transport, in order to verify compliance with the provisions of Regulation (EC) No 561/2006 and Directive 2002/15/EC 2 . It also aims at reducing the administrative burden and making fraud to the tachograph more difficult. A smart tachograph has to be fitted in vehicles registered for the first time as of 15 June 2019 3 . A second version of the smart tachograph has advanced communication features including control devices of roadside enforcers, as well as other features including the automatic recording of border crossings and the recording of the position of the vehicle during loading and/or unloading operations. These capabilities broaden the areas of enforcement where the tachograph is applied, extending it to, for instance, the control of cabotage operations or the application of the rules on the posting of drivers.

Directive 2006/22/EC, also called the Enforcement Directive, lays down rules to verify compliance and ensure application of rules for driving time and rest periods established by Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014 4 . The Directive promotes harmonised enforcement of the social rules in road transport by means of minimum requirements for the uniform and effective checks to be carried out by Member States. The minimum threshold of checks of the total number of days worked by drivers falling under the scope of Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014 is set at 3 % from 2010. In addition, the total number of working days checked should be carried out in a proportional manner for checks at the roadside and at the premises of transport undertakings – at least 30 % and 50 % respectively. An obligation of minimum six concerted roadside checks per year undertaken by two or more enforcement authorities was introduced in order to encourage cooperation between Member States.

Mobility Package I 5 amended rules on breaks, driving times, rest periods and tachograph requirements set out by Regulation (EC) No 561/2006, Regulation (EU) 165/2014 and Directive 2006/22/EC as well as introduced specific rules on posting of drivers in the road transport sector 6 . The new rules under Regulations (EC) No 561/2006 and (EU) 165/2014 started applying from 20 August 2020 and the information on their implementation is provided in the current report, however some new types of infringements, such as the breach of organising the work to allow the driver to return home, are not included in this report.

This Staff Working Document is accompanying the Report and provides more national figures and details as well as updates on other relevant aspects in the field.

2. Checks

The total number of working days checked in the EU increased by 3% in 2021-2022 compared to the period of 2019-2020. This reverses a continuous decreasing trend which was observed since 2011-2012. Overall, the majority of Member States performed significantly more working days checks than required. Seven Member States performed significantly more checks than the 3% threshold: Austria (7.7%), Bulgaria (7.7%), Finland (5.6%), Germany (6.5%), Latvia (5.9%), Portugal (8.4%) and Romania (21.3%). This is the same number of Member States as in the last reporting period 7 . Among these seven Member States, Bulgaria, Finland, Portugal and Romania increased the number of working days checked, while other countries experienced decrease of this number.

Six Member States did not meet the minimum threshold of 3%, namely Cyprus (2.4%), Hungary (1,5%), Ireland (0.7%), Lithuania (2.7%), Malta (0.5%), and Slovenia (2.4%). This is the same number of countries as in the previous reporting period. Great increases in the number of working days checked were observed in Malta (+450% 8 ) and the Netherlands (+185%), while the decreases of working days checked is most visible in Slovenia (-48%), France (-45%) and Hungary (-39%).

Directive 2006/22/EC also requires that at least 50% of the total number of working days checked should be done through checks at the premises of undertakings and at least 30% at the roadside. However, looking at the number of Member States, which have met the threshold, only the following eight Member States have the required balanced share between working days checked at the premises and at the roadside: Croatia (51% of working days checked at the premises), Cyprus (64%), Estonia (55%), Greece (68%), Malta (50%), the Netherlands (69%), Slovakia (57%) and Sweden (53%). Yet, this is an increase of two Member States compared to the last reporting period.

The ratio of working days checked at the premises with the EU-average raised to 47% in 2021-2022, which is an increasing trend compared to 40% in 2019-2020, 27% in 2017-2018, 26% in 2015-2016, 23% in 2013-2014 and 18% in 2009-2010. The most significant improvements were reported by Croatia (from 34% to 51%), Malta (from 0% to 50%), the Netherlands (from 14% to 69%) and Sweden (from 36% to 53%).

Ireland, Latvia and Slovenia are the only Member States which have not met the threshold for roadside checks 9 .

3. Checks compared to the number of enforcement officers and equipment to analyse tachographs

Based on the number of enforcement officers reported by Member States, the number of control officers involved in checks has increased from 54,679 in 2019-2020 to 60,040. The total number of enforcement officers trained to analyse the digital tachograph has continued to slightly decrease from 20,058 in 2019-2020 to 17,081 in 2021-2022. Also, the units of equipment provided to control officers to analyse the tachograph decreased from 13,067 in 2019-2020 to 8,336 in 2021-2022.

Table 1: Overview of national enforcement capacity in 2021-2022 per Member State

MS	Control officers involved in checks	Control officers trained to analyse the digital tachograph	Units of equipment provided to control officers to analyse the tachograph
AT	1100	1100	350
BE	3833	3598	132
BG	398	360	324
HR	244	36	36
CY	133	8	14
CZ	1330	1330	753
DK	97	117	96
EE	32	32	18
FI	340	350	134
FR	1310	1310	1209
DE	14761	2980	2167
EL	3614	921	288
HU	450	400	300
IE	18	18	18
IT	18038	1433	938
LV	25	25	13
LT	45	45	28
LU	17	17	10
MT	1	1	1
NL	200	300	65
PL	1116	966	263
PT	11431	490	240
RO	366	366	0
SK	31	33	33
SI	75	40	0
ES	498	386	445
SE	537	419	461
TOTAL	60040	17081	8336

4. Roadside checks

The total number of working days checked at the roadside was 72,395,053 which is a decrease compared to 74,581,610 working days checked at the roadside in the previous reporting period. In general, 29% of vehicles checked at the roadside are from another EU or EEA country or from Switzerland, which is a slight decrease since 2019-2020 (31%). However, in some Member States the percentage of checked vehicles from these countries constitutes more than half: namely Austria (66%), Belgium (53%), France (57%), Luxembourg (66%), Malta (77%) and the Netherlands (56%). These are the same Member States as named in the 2019-2020 report. The geographic location and volume of transit operations may, in certain Member States play a factor. 7% of vehicles checked at the roadside are from third countries (6% in 2019-2020). Member States whose share of checking vehicles registered in a third country was the largest are Bulgaria (36%), Croatia (30%), Poland (21%), and Slovenia (28%) 10 . A complete overview per Member State can be found in Table 2 below.

Table 2: Share of checked vehicles at the roadside by country of registration

MS	Nationals	Non- nationals including EU/ EEA and CH	3rd nationals
AT	29.9%	66.2%	3.82%
BE	40.3%	52.7%	7.04%
BG	51.3%	12.7%	36.01%
HR	61.2%	9.0%	29.86%
CY	98.7%	1.3%	0.00%
CZ	51.0%	43.9%	5.12%
DK	66.9%	32.2%	0.82%
EE	75.9%	19.9%	4.16%
FI	79.4%	11.4%	9.16%
FR	41.4%	56.6%	1.99%
DE	45.4%	48.9%	5.69%
EL	77.2%	12.9%	9.87%
HU	57.2%	33.5%	9.22%
IE	89.6%	10.4%	0.04%
IT	81.0%	17.2%	1.76%
LV	49.2%	36.9%	13.92%
LT	71.3%	12.2%	16.47%
LU	32.1%	65.8%	2.12%
MT	22.7%	77.3%	0.00%
NL	39.4%	55.8%	4.74%
PL	54.3%	24.2%	21.46%
PT	95.4%	4.5%	0.02%
RO	80.1%	12.5%	7.40%
SK	41.3%	50.2%	8.48%
SI	34.7%	37.2%	28.05%
ES	91.8%	7.5%	0.69%
SE	51.4%	44.8%	3.83%
TOTAL	64%	29%	7%

5. Roadside checks – type of tachograph

According to Article 2 of Directive 2006/22/EC, the threshold of minimum checks of number of days worked by drivers of vehicles will be raised to 4% once 90% of vehicles checked are equipped with a digital tachograph.

Compared to the last report, the share of vehicles checked at the roadside that were equipped with the digital tachograph increased from 74% to the level of 83%. There is therefore still no base to raise the threshold of minimum checks to 4% for the time being. The highest share of digital tachographs (more than 80%) was found during roadside checks in eighteen 11 Member States: Denmark (99%), Sweden and Slovakia (97%), Austria (94%), Hungary (93%), Germany (92% 12 ), Luxembourg (92%), Ireland (90%), France (87%), Malta and Slovenia (86%), Czech Republic and Latvia (85%), Italy (83%), the Netherlands and Poland (82%), Romania (81%). Lithuania informed that due to a technical error, full data was not available and 100% was attributed to digital tachographs. The number of Member States meeting the share of 90% digital tachographs has increased from six to eight since the last reporting period. In contrast, the lowest percentage of digital tachograph was reported in Greece (53%) and Croatia (68%). Table 3 below provides a full overview.

Table 3: Overview of the number of vehicles stopped for roadside checks by type of tachograph

MS	Analogue tachograph	% analogue	Digital tachograph	% digital	Smart tacho	% smart
AT	4926	3%	156637	94%	4739	3%
BE	4113	4%	88251	76%	23046	20%
BG	17258	19%	73428	80%	1290	1%
HR	6435	27%	16420	68%	1305	5%
CY	661	20%	2588	79%	18	1%
CZ	6357	10%	52851	85%	3248	5%
DK	431	1%	30885	99%	0	0%
EE		2056	19%	8494	79%	229	2%
FI		6059	15%	29454	72%	5450	13%
FR		25739	13%	168997	87%	36	0%
DE		46297	6%	656542	92%	10280	1%
EL		48888	47%	55193	53%	0	0%
HU		3916	7%	51092	93%	74	0%
IE		656	10%	6216	90%	0	0%
IT		87178	17%	435248	83%	3012	1%
LV		2848	15%	16487	85%	0	0%
LT		0	0%	13393	100%	0	%
LU		802	8%	8713	92%	0	0%
MT		3	14%	19	86%	0	0%
NL		2381	9%	22056	82%	2437	9%
PL		40811	13%	260546	82%	13,305	4%
PT		10872	24%	34234	76%	0	0%
RO		78728	18%	359379	81%	8259	2%
SK		428	3%	12301	97%	0	0%
SI		2537	12%	18178	86%	395	2%
ES		30942	7%	343299	73%	0	0%
SE		1006	3%	38236	97%	3	0%
TOTAL		432,328	12%	2,959,137	83%	77126	2%

6. Checks at the premises

The total number of working days checked at premises was 39,339,243 which is an increase compared to 34,297,945 working days checked at premises in the previous reporting period.

Two Member States which imported an impressive increase in the share of working days checked at the premises compared to the previous reporting period are the Netherlands (from 14% to 69%) and Slovenia (from 47% to 89%). Figure 1 presents the share of working days checked at the premises from 2015.

Figure 1: Share of working days checked at the premises in 2015-2022 per Member State

In total, Member States checked 582,218 drivers during 2021-20220 (against around 499,943 drivers during 2019-2020), which is an increase from previous periods, reversing a decreasing trend compared to the previous periods. However, Member States where the number of drivers checked at the premises decreased more than 40% are: Bulgaria (-71%) and Luxembourg (-41%). Two countries, the Netherlands and Romania, reported an impressive increase in the number of drivers checked at the premises (more than 800%).

In this reporting period, 84,128 transport undertakings were checked at the premises (against 58,300 transport undertakings during 2019-2020), which is a 44% increase compared to the previous period. Nevertheless, some Member States reported more than a 40% decrease in the number of undertakings checked at the premises, namely Cyprus (-42%) and Luxembourg (-57%).

The share of drivers checked at the premises compared to all drivers controlled at premises and roadside, continued to increase throughout the years with a share of 13% in 2021-2022 (12% share in 2019-2020, 11% share in 2017-2018, 10% share in 2015-2016, 9% in 2013-2014 and 7% in 2011-2013).

7. Offences – detection rate

The average detection offence rate, which is calculated based on 100 working days checked at premises and roadside checks, increased from 2.1 in 2019-2020 to 2.7 in the current reporting period.

Significant disparities continue to exist between Member States. Four Member States are marking the total lowest offence rate (per 100 working days) in the EU: 0.08 in Latvia, 0.17 in Bulgaria, 0,18 in Romania and 0.46 in Denmark. At the same time, the following Member States have very high offence rates: 12.40 in Cyprus, 6.26 in Austria, 9.57 in Poland.

A significant increase in the offence rate can be observed in Cyprus (from 8.39 to 12.40), the Netherlands (from 2.73 to 11.80) and Poland (from 5.77 to 9.57), whereas a significant drop was reported by Malta (from 12.50 to 2.44). The table in Figure 2 provides an overview of the development of the offence rate in EU Member States since 2015. Given these discrepancies, the enforcement practices across the EU should be aligned, leading to harmonised checks that have similar outcomes. The Commission services are currently establishing a common training curriculum for EU enforcers to ensure that the training of enforcers in the EU adhere to a minimum standard 13 , to ensure that enforcement practices are harmonised, and to integrate new elements from Mobility Package I. The European Labour Authority may also support Member States’ information and capacity building efforts.

Figure 2: Total offence detection rate at the roadside and premises checked between 2015-2022

8. Offences detected at the roadside

On average, 50% of all detected offences were found during roadside controls in the EU, which is a decrease compared to 60% in the last report. The offence rates found at the roadside across the EU were very diverse. Compared to the EU average of 2.11 offences per 100 working days checked, offence detection rates are particularly high in Slovenia (44.67), Greece (11.51), and Austria (7.70), and significantly more than the EU average in Cyprus (4.23), Ireland (3.77), Malta (3.73) and Poland (3.71). Very low offence rates at the roadside were reported in Finland (0.24), Bulgaria (0.24), Belgium (0.57), Denmark (0.46), France (0.82), Hungary (0.69), Latvia (0.27), the Netherlands (0.64) and Romania (0.27). Except the Netherlands, these are the same countries with very low offence rates as in the previous reporting period. A considerable increase in detection rate was observed in Slovenia (from 2.69 to 44.67) and in Cyprus (from 1.11 to 4.23), while a decrease was observed in Malta (from 12.50 to 3.73), i.e. the country which reported increase in detection rate in 2019-2020.

9. Offences detected at the premises

On average, almost 50% of all detected offences were found during controls at the premises in the EU, which is an increase compared to 40% in the last report. Offence detection rates at the premises of undertakings in the EU are also significantly diverging 14 . Several Member States were well above the EU average of 3.81 (2.59 in 2019-2020) with the highest detection rate in the Netherlands (16.80), Cyprus (17.03), Poland (17.90), and Germany (7.19). This stands in contrast to countries with a very low detection rate such as Austria (0.83), Bulgaria (0.07), Croatia (0.72), Denmark (0.46), Estonia (0.66), Greece (0.04), Portugal (0.06), Romania (0.04) and Slovenia (0.66).

Compared to 2019-2020, there is a significant rise in detection rates in Cyprus (from 12.02 to 17.03), Poland (from 9.04 to 17.90 15 ), the Netherlands (from 12.55 to 16.80 16 ) and Lithuania (from 1.11 to 4.35), while rates significantly decreased in Finland (from 7.49 to 4.80) and Luxembourg (from 7.61 to 3.63).

10. Categories of infringements detected at roadside

The main types of infringements detected at the roadside by Member States remained on average relatively similar to the last report in terms of share of the total offences detected at the roadside.

Offences on the recording equipment, which comprise offences on incorrect functioning and misuse or manipulation of the tachograph, remained stable in 2021-2022. Incorrect functioning of the tachograph and the manipulation and misuse of the tachograph were at the same level (6% of the overall offences) (9% and 4% respectively in 2019-2020) at the roadside. However, in Malta (39%) and the Netherlands (35%), manipulation and misuse even made up around a third of their offences found.

Looking at national figures for other types of infringements, the detected infringements on driving time were particularly high in Luxembourg (36%), Malta (39%) and Spain (37%), while offences on breaks were high in Cyprus (48%), Ireland (36%) and Slovakia (34%). Offences on rest periods were significant in Belgium (45%) and Finland (43%). In the Czech Republic (48%), Latvia (65%) and Italy (36%), the share of infringements related to the lack of driving records is significant compared to the majority of Member States. The EU average for infringements of lack of records for other work is very low in the majority of Member States (EU average being 12%), but constitutes a greater share in the Member States such as Bulgaria and Slovenia (21%) and Poland (32%).

11. Categories of infringements detected at premises

The main types of infringements detected at the premises 17 of undertakings remain stable compared to the last report.

The number of infringements detected regarding breaks decreased from 24% to 20%, rest periods from 17% to 15%, while infringements related to driving time (9%) remained stable. The number of infringements detected for lacking driving time records decreased from 40% to 35%. This offence was significantly noticed at the premises of undertakings in Poland (74% of offences detected at premises), Italy (55%), and Hungary (69%).

A high number of driving time offences was detected in Greece (45%), Lithuania (64%) and Romania (45%). Offences on breaks were frequently detected in Ireland (56%), Denmark (51%), Finland (51%) and Cyprus (60%). Infringements on rest periods constituted a great share in Belgium (57%), Estonia (64%), Malta (57%) and Portugal (47%).

Offences on recording equipment constituted 13% and amounted to 192,810 offenses (26,926 in 2019-2020). Their national share was particularly high in the Netherlands (53%). Infringements on the lack and availability of records of other work were in particular high in Germany where they constituted 16% of the national offences detected at the premises.

Table 4: Breakdown of offences found at the roadside and premises in 2021-2022

Checks at	Breaks	Rest periods	Driving time	Driving time records	Recording equipment	Lack/availability of records for other work
Roadside	15%	24%	19%	19%	11%	12%
Premises	20%	15%	9%	35%	13%	8%
Total	18%	19%	14%	27%	12%	10%

12. Cooperation between Member States

According to Directive 2006/22/EC, Member States are obliged to undertake no less than six concerted roadside checks per year with at least one other Member State. Not all Member States provided the required information on concerted checks and exchange of information and data or informed that no concerted checks were carried out 18 . Out of the twenty-two Member States that did provide information on checks, ten Member States 19 met the required number of concerted checks in the reporting period.

Most Member States participated in concerted checks through the European Traffic Police Network (ROADPOL) 20 , Euro Control Route (ECR) 21 and the European Labour Authority (ELA) cooperation. The support of the CORTE Enforcement working group was also indicated. A number of Member States reported great satisfaction of participants in the concerted checks and other forms of cooperation.

It was reconfirmed that joint road checks contribute to knowledge-sharing on carrying out checks, reviewing and harmonising positions on the understanding of particular provisions of European legislation and exchanging experiences on the use of assessment programmes.

Table 6 below presents the number of concerted checks and exchange of experience carried-out by Member States in 2021-2022. It also provides an overview of the focus of these concerted checks and exchanges of experience, as well as information on the Member States involved.

Table 5: Overview of concerted checks per Member State

Austria	2021 Concerted checks: ·6 with ECR/Tispol Member States 2022 Concerted checks: ·7 with ECR/Tispol Member States 2021-2022 Exchange of experience and information: 5 bilateral (11 persons involved) and 4 multilateral (9 persons involved) with ECR/Tispol Member States. Subject of the exchange: Driving time checks, Manipulation of recording equipment, Technical checks, Securing cargo.
Belgium	2021-2022 Concerted checks: ·8 coordinated checks per year organised with ECR and Roadpol. ·15 actions organised on a regular basis with the Netherlands, France, Germany and Luxemburg. Exchange of experience and information: Exchange of experience during the meetings with ECR about the control methods.
Bulgaria	2021 Concerted checks: ·2 joint inspections with Romanian control bodies (ARR) in Romania and Bulgaria. Exchange of experience and information: ·Exchange of information on established violations committed by Bulgarian drivers on the territory of Germany, Hungary, Austria, Spain, United Kingdom, Italy, Latvia, Romania, Slovenia. 2022 Concerted checks: ·2 joint inspections with Romanian control bodies (ARR) in Romania and Bulgaria. ·1 with Dutch control authorities in the Netherlands and Bulgaria. ·2 with Croatian control authorities in Croatia and Bulgaria ·1 with Belgian control authorities in Belgium and Bulgaria. Exchange of experience and information: ·Exchange of information on established violations in Spain between all Europe countries in Madrid.
Croatia	During 2021 and 2022, joint inspections were carried out on a smaller scale in order to prevent the spread of the COVID infection.
Cyprus	No information provided
Czech Republic	2021-2022 Concerted checks: In 2022, the Joint Scrutiny Actions were still not fully resumed, mutual cooperation mostly concerned the working groups under ECR: ·7. 09.2022: Bilateral Joint Control Activity with BAG Germany, Saxony ·7.10.2022: ADR-ADR Cross border enforcement (ACE), Plzeň (Czech Republic) with the participation of 19 foreign inspectors, Joint Road Inspection, for all control entities involved in the enforcement of new measures relating to the single labour market in road transport, in particular posting of workers. ·11-12.10.2022: Slovakia, Bratislava with the participation of the Czech authorities. ·13-14.10.2022: Belgium, Tessenderlo with the participation of the Czech authorities. 2021-2022 Exchange of experience and information: ·3.06.2022: Conference of the Union of Transporters of Poland, Lower Silesia Region; presentation of the CSPSD in the roadside inspection system in the Czech Republic (7 inspection weeks of the ECR with the participation of the Czech Republic).
Denmark	2021 Concerted checks: ·6 with the participation of the Danish Police. 2022: Concerted checks: ·6 with the participation of the Danish Police. Exchange of experience and information: ·The Danish Police exchanged information with other EU countries concerning, for example, procedures, interpretation of the Regulations, data, etc.
Estonia	2021 Concerted checks: ·1 common roadside check of the Estonian Police and Border Guard with the Latvian enforcement authorities. ·4 concerted checks of the Estonian Police and Border Guard with all Roadpol members (Trucks and Bus checks weeks). 2022: Concerted checks: ·4 concerted checks of the Estonian Police and Border Guard with all Roadpol members (Trucks and Bus checks weeks). Exchange of experience and information: ·The representatives of the Estonian Police and Border Guard Board, the Estonian Labour Inspection and the Ministry of Economic Affairs and Communications participated in the conference “Changes and challenges in the road transport sector of the Baltic States triggered by the Mobility Package I” organized by ELA in Latvia on 3 November 2022. The representatives of the Estonian Police and Border Guard Board and the Estonian Labour Inspection participated as observers in the common roadside checks in Croatia on 13-15.06.2022 and in Belgium on 03-05.10.2022.
Finland	No information provided
France	2021 Concerted checks: ·8 weeks of coordinated checks within ECR were spread over the year with the following topics: -enterprise fraud, tachograph fraud and anti-pollution devices -technical roadside inspection -securing loads -transport of dangerous goods -transport of passengers France participated in all weeks of planned inspections. Exchange of experience and information: ·Participation in -one-day webinair organised by Germany on Mobility Package 1 (four participants from France) -one-week training session on frauds organised by Germany (2 particpants from France) 2022 Concerted checks: ·7 weeks of coordinated checks within ECR were spread over the year with the following topics: -enterprise fraud, tachograph fraud and anti-pollution devices -technical roadside inspection -securing loads -transport of dangerous goods -transport of passengers -weight and dimension rules -cabotage France participated in all weeks of planned inspections. Exchange of experience and information: -Masterclass (fraudes and tachographs): 2 x 1 week in Germany (2 participants from FR); -Multilateral echange (exchange of professional practices, etc.): 2 days in Germany (2 participants from FR); -Multilateral exchange (exchange of professional practices, etc.): 1 week in Romania (2 participants from FR); -GT TECHCA (technical road inspection and security): 1 week in Poland (2 participants from FR); -Dangerous goods control / ADR: 1 week in Germany (1 participant from FR). In addition, in cooperation with ELA: -Exchange/concerted checks in France (port de Roscoff)- FRANCE/IRLANDE - 2 jours (7 participants from FR) ; -Exchange/concerted checks in France and in Denmark- FRANCE/DENMARK - 2 x 2 days (5 participants from FR) ; -Exchange/concerted checks in France - FRANCE/SLOVENIA - 2 days (5 participants from FR) ; -ROADSHOW - Presentation of rules for posted empoyees in Lithuania and Q&A session - Webinaire of 0,5 day (1 participant from FR) ; -Workshop Transport routier et dumping social - 1 day in Belgium (2 participants from FR) ; -IMI-PROVE - Webinaire of 1,5 days (2 participants from FR). Within the framework of the “Transport” group of the Franco-Belgian Arrangement (AFB): the transport control agents of Hauts-de-France and Grand Est, with the services of labour inspectorates, meet their Belgian counterparts (transport control bodies, federal and municipal police) once or twice a year, with the objective of carrying out coordinated or joint controls.
Germany	Concerted checks in 2021-2022: ·79 controls with German neighbouring states, Road POL, TWG, TIPSOL. Exchange of experience and information: No information provided
Greece	No information provided
Hungary	2021-22 Concerted checks: 0 2021-22 Exchange of experience and information: ·The cooperating countries were: Czech Republic, Slovakia, Austria and Poland, on most common data exchange regarding vehicles in poor technical condition.
Ireland	2021-2022 Concerted checks: Since Brexit, collaboration with French counterparts with the assistance of ELA. Concerted checks are not practical between Ireland and France, and instead joint inspections are preferred. Also work continued with colleagues in the UK via Tripartite Grouping and typically joint activity once per quarter was organised.
Italy	2021 Concerted checks: ·14 joint operations were carried out in the context of ROADPOL at European level, involving the simultaneous carrying out of targeted operations, each on its own national territory, by all the participating States, and with the participation of the Italian Traffic Police with its own staff and within a national territorial scope: -4 Truck & Bus operations, to check professional drivers of vehicles used for the transport of persons and goods; -1 Seatbelt operation to check the correct use of restraint systems; -2 Speed operations to counteract speeding; -1 operation Speed Marathon, a fully-fledged 24-hour marathon dedicated to combate speed excesses; -2 Alcohol & Drugs operations, in order to verify the psychological and physical conditions relating to the possible consumption of alcohol and drugs by drivers of motor vehicles; -1 operation Alcohol & Drugs Marathon, a fully-fledged 24-hour marathon to verify the psychological and physical conditions relating to the possible consumption of alcohol and drugs by drivers of motor vehicles; -2 safe Holidays - Safe travel operations, to check the normal safety conditions of vehicles which, during the summer period, travel in Italy; -1 operation Focus on the Road, to check the correct use of mobile phones, smartphones and sound headsets and the correct use of safety belts and restraint devices in general. 2022 Concerted checks: ·15 joint operations were carried out at European level within the framework of ROADPOL, with the Italian Traffic Police throughout Italy: -4 Truck & Bus operations to control professional drivers of vehicles used for the transport of persons and goods: 7-13 February, 13-19 June, 18-24 July and 10-16 October 2022; -1 operation Seatbelt, to check the correct use of restraint systems: 4-10 April 2022; -2 Speed operations to counteract speeding: 21-27 March and 8-14 August 2022; -1 operation Speed Marathon, a fully-fledged 24-hour marathon dedicated to combat speeding excesses: 24 March 2022; -2 Alcohol & Drugs operations, to verify the psychological and physical conditions relating to the possible consumption of alcohol and drugs by drivers of motor vehicles: 4-10 May and 5-11 December 2022; -1 operation Alcohol & Drugs Marathon, namely a 24-hour marathon to verify the psychological and physical conditions relating to the possible consumption of alcohol and drugs by drivers of motor vehicles: 7 May 2022; -2 safe Holidays - Safe travel operations, to check the normal safety conditions of vehicles which, during the summer period, travel throughout Italy: 29-31 July and 26-28 August 2022; -1 operation Focus on the Road, to check the correct use of mobile phones, smartphones and sound headsets and the correct use of safety belts and restraint devices in general: 16-22 September 2022. ·During 2022, in the road transport sector, the National Labour Inspectorate (INL) took part in various international inspections, joint or concerted with the control authorities of other EU countries (Romania, Belgium, Slovakia and Slovenia). The activities, carried out with the support of the European Labour Authority (ELA): 1)concerted investigations with the Labour Inspectorates of Romania, Belgium and Slovakia: the checks started in December 2021, resulted from a report from the Romanian Embassy against a company group based in Italy (Ravenna), regarding drivers recruited by two Romanian companies and sent to Italy to be posted. 2)roadside inspection in Belgium, carried out jointly with the Italian Road Police, with the simultaneous involvement of transport inspectors and social security inspectors. 3)roadside check in Italy (Vicenza), carried out with the Road Police and the Slovenian Transport Inspectors: the inspections concerned international road haulage and the working conditions of posted drivers and were carried out with the support of a mobile audit centre provided by the Ministry of Sustainable Infrastructure and Mobility. 4)activities in Romania (Timisoara), carried out jointly with the Italian Road Police and labour and transport inspectors from Spain, Belgium and Denmark. 2021-22 Exchange of experience and information: Participation in training and information exchange initiatives aimed at providing support and advice to businesses and trade associations.
Latvia	2021-2022 Concerted checks: ·3 common roadside checks with Lithuania ·1 check with Estonia Exchange of experience and information: No information provided
Lithuania	2021-2022 Concerted checks: ·12 cross-border concerted checks with PL. 2021-2022 Exchange of experience and information: LT officers went to 5 exchanges to BE, DE, NL, DK, EST. LT hosted 2 exchanges with officers from PL, SK and BE.
Luxembourg	2021 Concerted checks: Administration des Douanes et Accises : ·no concerted checks due to the pandemic and the reassignment of a number of staff trainings and meetings via videoconferencing only. 2022: Concerted checks: - refurbishment work on the LU/FR - border area used for concerted checks - major joint control with German police Grand Ducal Police: - Inspections with Germany on the basis of the Freisener Gmentaäche. - Controls carried out in other settings also included road transport elements. - Roadpol training courses. Exchange of experience and information: ·Exchange ECR/ACE in Pilsen (CZ) with the participation of many countries. ·ECR meeting/exchange in Brussels. ·Several ECR/ACE exchanges/trainings, including online.
Malta	No concerted check carried out in the reporting period.
Netherlands	2021 Concerted checks: ·8 joint inspections carried out by the ILT and/or the national police within the ECR/ROADPOL checks. 2022 Concerted checks: ·8 joint inspections carried out by the ILT and/or the national police within the ECR/ROADPOL checks. 2021-2022: Exchange of experience and information: ·A bilateral exchange in which Germany was received (1x, 8 people participating in total). In addition, participation took place during multilateral exchanges in Germany (1x, 2 persons participation in total), in Poland (1x, 2 persons participation in total), in Romania (1x, 2 persons participation in total) and the participation in the Masterclass Manipulation (2x, 2 persons participation total).
Poland	2021 Exchange of experience and information: The representatives of the Road Transport Inspection participated in the following international training projects and international exchanges: ·International workshops (on-site and online): 1. 2021-02-04 IRU workshop on PM1 enforcement (online) 2. 2021-05-27 TECHCA Workshop in Radom (online) 3. 2021-07-07 ECR Workshop on Dedicated Short Range Communication (DSRC) (online) 4. 2021-10-16-22 ECR Master Class II Workshop (Osnabrück, Germany) ·International exchanges (on-site): 1. 2021-09-01 International training AT, BE, DK, LT, DE, PL, SE, UK on manipulation with the SCR system in heavy duty trucks (Kolding, Denmark) 2. 2021-12-08-10 International training for Balkan control services PL, BA, ME, XK, 1st edition of the international exchange (Belgrade, Serbia) ·Meetings of working groups: 1. UE: Participation in 6 meetings of working groups within the European Commission 2. ECR: Participation in 35 meetings of statutory bodies, working groups and subgroups of ECR 3. ELA: Participation in 2 meetings of the ELA working group. 2021 Exchange of experience and information: ·International workshops (on-site and online): 1.2022-01-17 IRU Workshop on Enforcing Mobility Package 1 (online) 2. 2022-05-24 ELA Enforcement of Posting Rules in Road Transport Webinar (online) 3. 2022-07-04-08 ECR Expert Class Workshop (Osnabrück, Germany) 4. 2022-07-18-22 ECR Masterclass I Workshop (Osnabrück, Germany) 5. 2022-10-05 ELA Workshop on Passengers Transport, ERRU I (online) 6. 2022-10-10-12 TECHCA Workshop (Radom, Poland) 7.2022-10-17-19 AdBlue and SCR manipulation workshop (Danish Road Traffic Authority),(Vejle, Denmark) 8. 2022-10-17-21 ECR Masterclass II Workshop (Osnabrück, Germany) 9. 2022-11-14 ELA Workshop on the Passengers Transport, ERRU II (online) 10. 2022-12-06-07 ELA IMI-PROVE Program for Road Transport Workshop (Bratislava, Slovakia) ·International exchanges (on-site): 1.2022-06-15 ELA Action Week - international exchange LT, PL, SK, ES in Lithuania (Klaipeda, Lithuania) 2. 2022-06-29-07-01 International training for Balkan control services PL, ALB, MK, XK, 2nd edition international exchange (Skopje, North Macedonia) 3. 2022-09-25-30 Multilateral exchange ECR HR, FR, NL, IE, DE, PL, RO, SK, HU, UK (Timisoara, Romania) 4. 2022-09-26-28 ELA Action Week - international exchange DE, AT, PL (Neuruppin, Germany) 5. 2022-10-04-07 Multilateral exchange ECR ADR Cross border Enforcement (ACE) CZ, DE, HR, RO, AT, BE, NL, PL, LU (Pilsen, The Czech Republic) 6. 2022-10-11-12 ELAAction Week - International exchange SK, CZ, HR, BE, PT and PL (Kuty, Slovakia) 7. 2022-10-14 ELAAction Week - international exchange BE, CZ, SK, PL (Tessenderlo, Belgium) ·Meetings of working groups: 1. EU: Participation in 13 meetings of working groups within the European Commission: Road Transport Committee, EWG Enforcement Working Group, EC RWEG expert group, EC TDG expert group on the transport of dangerous goods, TachoForum; 2. ECR: Participation in 36 meetings of statutory bodies, working groups and subgroups of ECR (including 7 on-site): ECR Steering Committee, ECR Executive Committee, ECR Task Force, ECR WG Training, ECR WG Harmonie, ECR Tacho Web Group (TWG), ECR SWG Data Exchange Harmonie, ECR SWG DRT Harmonie, ECR SWG ADR Harmonie, ECR SWG TECHCA Harmonie; 3. ELA: Participation in 9 meetings of ELA working groups: ELA WG Information, ELA WG Inspection and ELA Information Campaign meeting.
Portugal	2021-2022: ·Participation in the relevant meetings organised by the competent bodies at Community level. ·4 concerted monitoring activities to foster the exchange of experience and knowledge, organised by Portugal and Spain in both countries, on the basis of a bilateral cooperation agreement. ·In 2022, two IMT inspectors, I.P., participated in Poland under the ECR in a concerted road action involving authorities from several European countries.
Romania	2021 Concerted checks -8 concerted checks organized by Euro Controle Route - ECR with the participation of ECR members. Romania participated in all coordinated controls. Exchange of experience -ISCTR representatives have participated online at ECR and Corte meetings, IRU workshop. 2022: Concerted checks: -7 concerted roadside checks organized by Euro Controle Route - ECR with the participation of ECR members. Romania participated to all coordinated controls. Exchange of experience: -ISCTR representatives physically participated in the many meetings conferences, master-classes, coordinated roadside checks such as: -Romania-Bulgaria bilateral roadside checks carried out in Giurgiu-Ruse during 20-21.06.2022 with the theme "Manipulation of the tachograph, driving and rest periods"; -Roadside checks, actions organized by the ELA (European Labor Authority) in Zagreb, Croatia between June 13-15, 2022; -The meeting of the CORTE Working Group on enforcement practices held in Brussels, Belgium on November 17-18, 2022. -Romania held the ECR presidency in the period July 2022-June 2023. -Also, ISCTR representatives participated in online meetings.
Slovakia	2021 Concerted checks: No joint control actions were carried out with partner organisations from the Czech Republic, Hungary and Poland, as the inspection authorities of neighbouring Member States abolished joint checks on social legislation in transport on their territory. The NIP proceeded with the same step, as the COVID-19 outbreak has been demonstrated on the territory of Slovakia and subsequently preventive measures in the area of labour inspection. 2022 Concerted checks: ·1 coordinated technical road inspection on 5 May 2022 in the Trnava region on the D2 motorway at the border crossing point Brodské – Břeclav; ·1 coordinated roadside technical inspection on 9 June 2022 in the Nitra region at the intersection of roads I/63 and II/511 in the municipality of Bajč; ·1 coordinated technical roadside inspection on 19 July 2022 in the Žilina Region on the road I/10 before the border crossing point Makov at the BENZINOL service station. Exchange of experience: ·Participation in Joint Sweep exchanged experiences and information in the field of road transport.
Slovenia	2021-2022 Concerted checks: ·6 per year with Croatia and Hungary 22 . ·Several joint inspections organised by ELA in France, Italy and Croatia (2x). These controls are usually attended by two representatives of IRSI and the Police, and representatives. During these inspections, representatives exchange work experience and establish contacts for further cooperation.
Spain	2021 Concerted checks: 6 ECR coordinated controls, organized by ECR-TISPOL (passengers and goods), about the following topics: driving and rest times and tachograph manipulation, holiday buses and passenger transport, ADR. 2022 Concerted checks: ·3 ECR coordinated controls, organized by ECR-TISPOL (passengers and goods), about the following topics: driving and resting times and tachograph manipulation, technical condition, ADR.
Sweden	2021-2022 Concerted checks: ·Region South of the Swedish Police hosted in 2021 and 2022 JAD TROIKA, a joint Europol collaboration. The operation included representatives from all regions of the Swedish Police as well as the Swedish Customs. The purpose was, in cooperation with the Swedish Customs, to search for narcotics in traffic coming into Sweden and for cash in traffic leaving the country. TROIKA 2022 included training on how to discover hidden stashes in vehicles. The Swedish Police participated with two representatives in TROIKA events in Holland, England and Norway. TROIKA 2022 included training on how to discover hidden stashes in vehicles. ·During the fall of 2022 there was a joint week of national commercial traffic checks in the western region of Sweden with participants from all regions of the Swedish Police. Other participants included police and control officers from Norway, Denmark and Finland, as well as the Swedish Coast Guard, the Swedish Work Environment Authority and the Swedish Transport Agency. Exchange of experience: ·In October 2022, two advisors from the Swedish Transport Agency participated in a CJI organized by ELA in Finland. Sweden had three participants in a reference group during a visit to the Bayerisches Landeskriminalamt in October. The purpose was to exchange information and to spread knowledge of Germany’s efforts to battle environmental crimes and illegal cross-border waste-transports. ·a 2-day digital EU-meeting of the Swedish Police with one representative in November 2021; IMPEL/SWEAP on illegal cross-border waste-transports.

Some Member States reported national initiatives. For example, in France, the new measures stemming from Mobility Package I were the subject of 3 specific mandatory webinars for land transport inspectors and their superiors (in March 2022). France also informed that professional training was accompanied by exchanges of information and cooperation 23 .

In Belgium, 29 common actions were carried out in the reporting period between road inspectors and Customs and Police services.

In Italy, in addition to usual checks, the Traffic Police continued to carry out checks in areas of particular sensitivity, for instance national and international road passenger transport (4 operations).

Lithuania informed that 4 concerted checks were carried out with national labour inspectors.

Sweden reported that in September 2022, ELA organized a one-day meeting to discuss national coordination in ELA-related questions. The meeting was attended by the Swedish Transport Agency, the Swedish Work Environment Authority, the Swedish Police, the Swedish Tax Agency and Försäkringskassan.

13. Penalties

Article 19 of Regulation (EC) No 561/2006 sets out that Member States shall lay down rules on penalties that are to be effective, proportionate, dissuasive and non-discriminatory. Member States shall notify the Commission of these measures and the rules on penalties. Commission Implementing Regulation (EU) 2022/694 of 2 May 2022, amending Regulation (EU) 2016/403 24 , introduced new infringements and new criteria for defining their level of seriousness and frequency of occurrence. For the current report, most Member States reported in the area and some reported changes in 2021-2022 25 .

In the Czech Republic, fines are imposed following an administrative procedure in which all aspects of the individual case are taken into account, considering the level of gravity of infringement categories set out in Annex III to Commission Regulation (EU) 2016/403.

Denmark has still a graded fines system in which the fee for the driver must be graduated with fees for minor infringements being DKK 500 and for the most serious infringements being DKK 6,000. Similarly, the fee for the undertaking must be graduated with fees for minor infringements being DKK 1,000 and for the most serious infringements being DKK 12,000. After the new rules, which introduced a fine level for illegal weekly rest taken in the vehicle 26 , entered into force on 1 March 2020, taking regular weekly rest in the vehicle is considered a particularly aggravating circumstance.

In Estonia, penalties provided by the Traffic Act are built on the following principle: 1 fine unit = 4 euros; for example the failure to use the prescribed tachograph or damaging tachograph is fined up to 100 fine units.

In the Netherlands, the amount of the fines varies from €100 to €10,375 in steps of €100 and is based on the degree of seriousness of infringements (most serious, very serious, serious and minor infringements) as established by the EU rules.

France informed that new rules were introduced or amended, following the adoption of Mobility Package I, notably a decree relating to the methods of calculating working time in public road transport companies.

Lithuania reported that in 2022 penalties for infringements of social rules and misuse of tachographs were increased from 2 to 5 times, e.g. the use of another driver's card is since considered at the same level of gravity as manipulation of a tachograph. In Spain changes were adopted regarding penalties for infringements relating to the leasing of vehicles with a driver.

The Bulgarian authorities confirmed that the increased amount of sanctions for some offenses had a deterrent effect, leading to a reduction in traffic offenses and an increase in road safety.

As foreseen by Article 19(1) of Regulation (EC) No 561/2006, adopted under Mobility Package I, Member States are obliged to inform the Commission about changes to penalties, and the Commission is required to publish this information on a dedicated website in all official EU languages 27 . The information related to national penalties is available on the Commission’s website 28 .

14. Exceptions granted by Member States

According to Article 13 of Regulation (EC) No 561/2006, Member States may grant exceptions from the application of provisions on driving times, breaks and rest periods on its own territory, provided that certain specific conditions are met and that the overall objectives of the Regulation are not prejudiced. Member States are obliged to inform the Commission of the exceptions granted.

In 2021-2022, the Netherlands introduced an exception specifically intended for (ZE) very-heavy company cars (i.e. company cars that run entirely on electricity, and with the battery pack heavier than 3,500 kg). The drivers of ZE company cars up to a maximum of 4,250 kg are exempt from the C driving licence requirement and the tachograph obligation, during the period until the permanent exemption is adopted.

A table illustrating the exceptions adopted under Article 13 of Regulation (EC) No 561/2006, is available on the Commission's website 29 .

In addition, according to Article 14(2) of Regulation (EC) No 561/2006, Member States may also grant, under exceptional circumstances, temporary exceptions on driving times, breaks and rest periods for a period not exceeding 30 days. The wide majority of Member States adopted temporary exceptions due to the Covid-19 crisis in 2021-2022 and weather conditions (heavy rainfalls) or intense forest fires. Furthermore, in 2022, many exceptions were adopted due to disturbances in freight transport caused by Russia’s invasion of Ukraine.

15. Comments and proposals

A number of Member States provided comments and proposals related to the enforcement of the EU road transport social rules.

Greece observed that it had managed to exceed the mandatory minimum number of checks thanks to the procedures applied by the Independent Authority and by the bodies of the Ministry of Citizen Protection.

One of the most important problems highlighted by Italian labour inspectorates is a certain fragmentation of European legislation in the road transport sector, which leads to a risk of overlapping infringements depending on whether they are covered by Directive 2002/15/EC or Regulation (EC) No 561/2006. This would lead to a duplication of administrative procedures, with different deadlines for contesting infringements and for the competent authorities. In this regard, some inspectorates would like the Directive to be revised in order to promote greater uniformity of procedures.

The Finnish authorities suggested removing the obligations imposed on self-employed drivers under Directive 2002/15/EC, as these provisions create unnecessary administrative burdens and Regulation 561/2006 is sufficient for self-employed drivers.

Slovakia pointed out the lack of drivers’ knowledge of the various legal provisions, and in particular the provisions of the European regulations, and even when drivers attend training courses, these training courses do not always present the applicable rules, resulting in their incorrect application in practice, especially with regard to the posting of drivers. The Slovak authorities consider that roadside inspections have a positive impact on drivers’ awareness of their rights and obligations under road transport social rules. As part of the advisory tasks, the inspectors provide information to the inspected drivers about cases whether they break the rules and, in some cases, also show them the correct operation of the recording equipment.

As in the previous report, the Swedish authorities commented on the content of the biennial report. They pointed out that the report should reflect all infringements according to Annex III of Regulation (EU) No 2016/403, as many infringements of other specific articles are not included, e.g. the number of vehicles stopped for roadside check by type of tachograph is not the same as the number of vehicles stopped for roadside check by type of road and by country. They also reported that the Swedish Police still had some problems with the systems and software used to report this information during 2021.

In the enforcement of Regulations (EC) 561/2006 and (EU) 165/2014, the Netherlands reported suffering from the lack of extraterritoriality for infringements of Regulation (EU) No 165/2014 30 .

Regarding the activities carried out in Romania, it was highlighted that the joint checks allowed the exchange of good practices between the control bodies of the various participating countries, as well as a broad discussion with operators in the sector on the different national legislations. Furthermore, cooperation between the enforcement authorities continued to ensure a free, competitive and regulated market, concerted controls and harmonised enforcement practices and methods.

16. Interpretation of Regulations (EC) No 561/2006 and Directive 2002/15/EC

In the recent years, the Court of Justice of the European Union (CJEU) shed light on interpretation of Regulation (EC) No 561/2006 by means of several rulings.

The question at stake in Joined Cases C‑870/19 and C‑871/19 31 was the failure to produce the record sheets of the tachograph relating to the current day and several previous 28 days. In its judgment of 24 March 2021, the Court of Justice ruled that should the driver of a road transport vehicle subject to an inspection fail to produce the record sheets of the recording equipment relating to several days of activity during the period covering the day of the inspection and the previous 28 days, the competent authorities of the Member State where the inspection was carried out must make a finding of a single infringement by that driver and impose on him or her only a single penalty for that infringement, and not a number of penalties for each non-compliance occurring within the same 28-day period.

On 8 July 2021, the Court ruled in Case C-428/19 32 that Article 10(1) of Regulation (EC) No 561/2006 must be interpreted as not precluding, in principle, a road haulage undertaking from granting drivers a bonus calculated on the basis of the savings made in the form of reduced fuel consumption in relation to the journey made. Nevertheless, such a bonus would infringe the prohibition laid down in that provision if, instead of being linked solely to saving fuel, it rewarded such saving on the basis of the distances travelled and/or the amount of goods carried, in such a way as to encourage the driver to act in a manner that endangers road safety or infringes Regulation No 561/2006.

In its judgment of 9 September 2021 in case C-906/19 33 , the Court of Justice judged that Article 3(a) of Regulation (EC) No 561/2006 must be interpreted as meaning that a driver who performs road transport services falling within the scope of that regulation is obliged to produce, whenever an inspecting officer so requests, the driver card, the record sheets and any manual record and printout made during the period consisting of the day of the inspection and of the previous 28 days, even when, during that period, that driver has also undertaken, in the same vehicle, the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 km. It this judgment, the Court also made clear that Member States are precluded from imposing a penalty after having detected an infringement of Regulation (EU) No 165/2014 which was committed on the territory of another Member State and for which a penalty has not yet been imposed. The Court recognised that in so far as that aspect of the Union rules in force might have adverse effects on working conditions for drivers and on road safety, it is for the Union legislature to decide on any possible amendments.

In its judgment of 7 July 2022 in Case C-13/21 34 , the Court ruled about the notion of a ‘radius of up to 100 kilometres from the base of the undertaking’, within the meaning of Article 13(1)(b) of Regulation (EC) No 561/2006. This notion must be understood as referring to a straight line not exceeding 100 km, drawn on the map from that base and joining the base to any point in a circular geographical area surrounding that same base. Article 13(1)(b) of Regulation No 561/2006 must be interpreted as meaning that, where a Member State has granted, on the basis of that provision, exceptions from Articles 5 to 9 of that regulation, which are applicable to the carriage of goods by vehicles covered by that provision, and where those vehicles carry those goods not only within a radius of up to 100 km from the base of the undertaking concerned, but also outside of that radius, those exceptions are applicable only to the carriage of goods by those vehicles which does not occur outside of that radius.

Regarding judicial interpretation by national courts, the Member States reported few national Court decisions interpreting Directive 2002/15/EC during 2021-2022.

Estonia reported that legal disputes concerning the implementation of Directive 2002/15/EC had been settled by the courts of first instance and that there were no rulings by the highest court.

Sweden also reported that only a few cases were subject to judicial review, but there were no guidance rulings issued by the higher courts in the reporting period.

The German Federal Office for the Transport of Goods
(BAG) rules that according to Article 10 of Directive 2002/15/EC, the limitation of working hours on weekdays to a maximum of ten hours, as specified in the national legislation, also applies to drivers.

In Greece, the Supreme Court ruled that the provisions of Directive 2002/15/EC, which state that periods of breaks are not regarded as working time, do not preclude the adoption of national rules regulating such periods more favourably.

Italy reported about two judgments of the Civil Court of Cassation issued in accordance with Joint Judgments of the Court of Justice of the European Union (C-870/19 and C-871/19). The specific question in this regard concerned a single administrative penalty to be applied in the event of failure to produce more than one record, extended to the failure to keep such files for a period of one year.

17. Monitoring and control arrangements of Directive 2002/15/EC in Member States

All Member States implemented Directive 2002/15/EC. The monitoring of implementation of the Directive is ensured at national level by different authorities depending on the Member State. The bodies responsible for the monitoring and control arrangements of Directive 2002/15/EC can be the labour inspectorate, road transport agency, occupational health and safety authority, police, road safety authorities and road transport inspections.

18. Issues in relation to enforcement of Directive 2002/15/EC

A majority of Member States did not report having experienced issues in relation to the enforcement of Directive 2002/15/EC. The Bulgarian and Lithuanian authorities confirmed that they did not encounter problems in this regard and that the Directive appears to be effective. The Romanian inspectors considered that they were well trained and had sufficient equipment and appropriate legal powers to enable them to carry out their duties effectively and efficiently. From the Greece perspective, the transposition of Directive 2002/15/EC has reinforced the legal framework for mobile workers, helping to deal with issues such as the definition of working time and limits on weekly working time. According to the German Federal Government, Directive 2002/15/EC helps to ensure the health and safety of workers and road safety in general throughout the EU and to prevent distortions of competition.

The Swedish authorities emphasised that the awareness of the rules increases alongside inspection activities. The method used by the Swedish Transport Agency is documentary control, during which it requests written material from employers and self-employed workers. The inspectors strive to have personal contact with all subjects. The objective is to promote a behavioral change in order to improve the social situation of drivers, road safety and to promote fair competition.

However, some Member States shared specific issues they face at the national level.

Like in the previous reporting period, Cyprus reported difficulties in implementing the relevant legislation in situations when drivers frequently change vehicles. These difficulties can occur especially when a driver uses different generations of tachographs in each of the driven vehicles, or when the driver drives both vehicles covered by regulations requiring the use of tachographs and vehicles benefitting from an exemption from the obligation to use tachographs. In order to control the cases of mobile workers more effectively, Cyprus suggested that undertakings should keep detailed records of data from both the tachograph and other documents on the working time of these workers (in line with Article 9 of Directive 2002/15/EC).

The Finnish labour inspectors found significant irregularities in the area of working time records, the maintenance of working time schedules and the monitoring of the maximum working time limit.

The infringements raised by Luxembourgish labour inspectors mainly concerned working time and missing pre-recruitment medical examinations. Working hours were checked at the same time as driving and rest times, but they were not statistically recorded separately.

Slovenia reported a lack of human resources to ensure adequate enforcement of their national regulations under Directive 2002/15/EC.

From the Italian perspective, the situation is quite varied at the territorial level regarding the implementation of the Directive. While in some regions (Trento, Treviso, Bologna, Modena, Ravenna, Forli and Cesena) no specific problems were found in the inspected companies, in most territorial inspectorates detected breaches of the Directive related to the incorrect recording of working time performed by mobile workers; non-compliance with daily and weekly rest periods; and the night work for more than 10 hours in any 24-hour period. These offences were often detected by comparing the entries in the work book established by the companies with the tachograph records installed in vehicles.

The Italian inspectors also reported the following problems:

-difficulties in identifying ‘periods of availability’ in the context of the driver’s activities, especially when checks are carried out solely by analysing the tachograph records. In order to overcome this difficulty, labour inspectors consider it useful to obtain information directly from drivers;

-the lack of adequate information and training for drivers posted from other EU countries on health and safety in the workplace;

-the limitation of the scope to mobile workers ‘employed by undertakings’ and ‘self-employed drivers’, thus excluding other types of drivers (e.g. partners, collaborators).

The suggestions and proposals for action from the Labour Inspectorates related to:

-the need to make the driver card data recording system ‘impermeable’ to electronic devices that alter the correct functioning of the tachograph and make it prone to tampering and/or alteration of various kinds.

-the desirability of reducing the limit on the length of night work, in view of the fact that consecutive driving for 4 hours at night is particularly dangerous;

-the desirability of promoting coordination systems at territorial level between the various constitutionally competent bodies;

-a comprehensive revision to make the rules on working time in road more organic and less fragmented, including through the adoption of a single text at EU level;

-the need to strengthen controls on companies employing foreign workers.

19. Stakeholders' views on implementation of Directive 2002/15/EC in Member States

Only 11 Member States 35 clearly indicated that social partners had been consulted for the purpose of this reporting exercise. This is only one number higher compared to the last report. Cyprus, Germany, Greece, Italy and Portugal quoted a significant number of organisations, which were consulted. In all Member States, this consultation consisted in getting the views of representatives of employers and trade unions. The views of social partners were not always reflected in a separate section or paragraph, but rather incorporated throughout the document, indistinctly from the views of national authorities. However, the feedback from social partners was an important element of the report from seven Member States.

However, opinions from social partners cannot be analysed as they do not constitute a representative sample. The Commission would like to remind Member States that Article 13(1) of Directive 2002/15/EC requires them to include the views of both sides of industry as part of this reporting exercise. The received feedback from national social partners can be found in the table below.

Feedback from national social partners

·In France, the social partners reiterated their wish for a high-level of European social legislation in order to guarantee healthy and fair competitive conditions for companies and to ensure quality jobs in the sector. They also supported measures to improve the organisation of drivers' work.

·In Germany, one trade union stated that mobile workers are always aware of the fact that, loading and unloading times, waiting times and changing times are not recorded as working time and they are not remunerated. The trade unions suggested more checks carried out before the entry and exit of known large warehouses, port warehouses and railway container facilities. It also recommended better equipment of control authorities and more checks. It also believed that many of the obligations under the national rules do not appear to be known to the undertakings.

·In Greece, one of the trade unions commented that the report on the implementation of social rules should refer to the main problems identified, to the actions taken and to planning how to resolve them, as well as regarding accidents at work in this sector.

·The Italian employers’ associations were generally positive about collective agreements that were concluded by most Italian companies with the trade unions. These agreements allowed the European rules to be adapted to the specific features of the Italian system, while ensuring full compliance with the general principles of safety and health of workers.

On the contrary, some Italian trade unions wished the agreements to be reviewed, following the important changes in the operating environment in the context of road transport and delivery, proposing the sectoral rules also at the EU level. They also suggested, for instance, 1) mandatory information and training courses organised and financed by companies and dedicated to mobile workers, both in the recruitment phase and, subsequently, on a regular basis; 2) stepping up the system for checking tachographs and providing for an adaptation of Directive 2006/22/EC, with a view to coordinating it more closely with Directive 2002/15/EC; 3) providing for increased sanctions against companies for failure to comply with the rules; 4) providing adequate overnight accommodation and to step up urban roadside checks to ensure adequate monitoring of compliance with working time.

Some employers’ associations, on the other hand, pointed out the need for European legislation to pay greater attention to the specific organisational aspects of passenger transport, which are not adequately covered by Regulation (EC) No 561/2006, pointing out that a clarification of interpretation would merit, in particular, the concept of ‘journey length’, with regard to the cumulative nature of journeys of less than 50 km for the purposes of applying those rules.

·In Portugal, feedback from the social partners was generally positive, however trade unions called for some legislative changes at EU and national level.

·In Slovenia, employers’ associations consider that 'self-employed' drivers should be exempted from compulsory time-recording, as this does not have the desired effect and only creates an additional administrative barrier. Conversely, they consider that all commercial passenger transport operations using vehicles with up to 1 + 8 passengers should be subject to compulsory time recording, as these operations pose a greater risk to road safety. It was also suggested that roadside checks of bus and coach drivers carrying out occasional passenger transport are carried out when the vehicles are empty or waiting in organised parking areas for passengers who are on excursions or events. Mandatory recording of driver activity should also be prescribed for all commercial transport of passengers with vehicles up to 1 + 8 passengers.

·A Swedish employees association commented that it is not the implementation of the Directive itself that is the problem, but the compliance with current legislation. It also appreciated a tripartite dialogue organised by the Swedish Transport Agency, which was considered a good tool for discussing and finding solutions to sector specific problems and challenges.

20. Statistics on working days checked at the roadside and premises in 2021-2022

MS	Minimum checks	Total number 2021-2022	At the roadside	At the premises	Min. checks required in % at roadside	Min. checks required in % at premises	Working days checked in %
AT	1.409.760	3.619.767	2.860.906	758.861	79%	21%	7.7%
BE	1.860.857	1.950.531	1.603.102	347.429	82%	18%	3.1%
BG	1.727.791	4.436.931	2.696.606	1.740.325	61%	39%	7.7%
HR	820.123	1.294.921	628.285	666.636	49%	51%	4.7%
CY	140.994	110.736	40.025	70.711	36%	64%	2.4%
CZ	1.332.003	2.039.501	1.157.998	881.503	57%	43%	4.6%
DK	660	800.611	470.295	330.316	59%	41%	3.6%
EE	253.440	345.911	155.313	190.598	45%	55%	4.1%
FI	1.087.535	2.034.246	1.178.604	855.642	58%	42%	5.6%
FR	7.051.223	8.953.448	5.291.78	3.661.662	59%	41%	3.8%
DE	9.465.365	20.417.973	16.861.158	3.556.815	83%	17%	6.5%
EL	3.649.560	3.883.130	1.224.130	2.659.000	32%	68%	3.2%
HU	3.156.609	1.525.858	912.047	613.811	60%	40%	1.5%
IE	4.140	903.419	174.805	728.614	19%	81%	0.7%
IT	8.516.226	9.024.037	7.592.753	1.431.284	84%	16%	3.2%
LV	861.126	1.692.592	486.552	1.206.040	29%	71%	5.9%
LT	924.240	829.453	520.028	309.425	63%	37%	2.7%
LU	174.920	245.641	138.721	106.920	56%	44%	4.2%
MT	7.115	1.232	616	616	50%	50%	0.5%
NL	1.823.926	2.521.303	779.346	1.741.957	31%	69%	4.1%
PL	6.552.092	8.372.594	4.911.599	3.460.995	59%	41%	3.8%
PT	709.394	1.985.960	1.194.672	791.288	60%	40%	8.4%
RO	1.760.889	22.265.608	13.281.063	8.984.545	60%	40%	21.3%
SK	504.000	577.943	246.318	331.625	43%	57%	3.4%
SI	429.149	337.851	36.826	301.025	11%	89%	2.4%
ES	6.355.746	10.576.874	7.485.134	3.091.740	71%	29%	5.0%
SE	968.220	986.225	466.365	519.860	47%	53%	3.1%
TOTAL	61.547.108	111.734.296	72.395.053	39.339.243	53%	47%	4.7%

21. Statistics on number of working days checked at roadside by country of registration of the vehicle

MS	National vehicles	Non-national	Third countries	Total
AT	837.417	1.977.082	46.407	2.860.906
BE	575.527	907.509	120.066	1.603.102
BG	1.533.392	337.203	826.011	2.696.606
HR	369.979	57.445	200.861	628.285
CY	40.025	0	0	40.025
CZ	595.705	518.454	43.839	1.157.998
DK	314.430	151.995	3.870	470.295
EE	112.205	37.119	5.989	155.313
FI	953.982	124.456	100.166	1.178.604
FR	1.991.994	3.192.890	106.902	5.291.786
DE	8.144.169	7.955.138	761.851	16.861.158
EL	909.551	142.768	171.811	1.224.130
HU	553.439	254.767	103.841	912.047
IE	156.111	18.607	87	174.805
IT	5.820.391	1.600.892	171.470	7.592.753
LV	212.092	196.354	78.106	486.552
LT	375.927	61.857	82.244	520.028
LU	21.066	103.991	13.664	138.721
MT	140	476	0	616
NL	307.255	435.145	36.946	779.346
PL	2.310.392	1.458.597	1.142.610	4.911.599
PT	1.143.903	50.678	91	1.194.672
RO	7.254.532	5.425.732	600.799	13.281.063
SK	99.046	128.619	18.653	246.318
SI	36.826	0	0	36.826
ES	6.736.821	711.575	36.738	7.485.134
SE	460.591	4.842	932	466.365
TOTAL	41.866.908	25.854.191	4.673.954	72.395.053

22. Statistics on checks at roadside by the number of drivers checked. by country of registration and by type of carriage

MS	Total drivers	Nationals	Non-nationals	3rd countries	Carriage of passengers	Carriage of goods
AT	166.302	49.797	110.150	6.355	818	165.484
BE	148.684	55.876	82.121	10.687	5.519	143.165
BG	91.976	47.333	25.393	19.250	6.731	85.245
HR	25.069	14.882	2.357	7.830	3.564	21.505
CY	3.267	3.226	41	0	519	2.748
CZ	61.404	32.485	25.545	3.374	2.205	59.199
DK	31.353	20.962	10.133	258	366	30.987
EE	10.779	8.181	2.151	447	344	10.435
FI	40.963	32.530	4.493	3.940	1.537	39.426
FR	199.657	80.696	115.040	3.921	11.670	187.987
DE	806.467	360.378	402.885	43.204	11.346	795.121
EL	104.081	80.334	13.473	10.274	85.354	18.727
HU	58.309	30.511	21.315	6.483	241	58.068
IE	6.872	6.156	713	3	296	6.576
IT	525.500	425.704	90.542	9.254	12.030	513.470
LV	19.335	9.518	7.126	2.691	318	19.017
LT	17.932	12.963	2.133	2.836	274	17.658
LU	9.591	3.066	6.321	204	340	9.251
MT	22	5	17	0	-	22
NL	26.874	10.595	15.005	1.274	478	26.396
PL	329.421	176.678	81.620	71.123	42.803	286.618
PT	45.106	43.044	2.054	8	2.401	42.705
RO	476.129	393.715	50.932	31.482	76.247	399.882
SK	12.781	5.270	6.431	1.080	1.056	11.725
SI	21.367	7.228	8.126	6.013	2.177	19.190
ES	467.199	431.199	33.078	2.922	2.177	435.787
SE	39.018	17.651	18.047	3.320	410	38.608
TOTAL	3.745.458	2.359.983	1.137.242	248.233	271.221	3.445.002

23. Statistics on checks at roadside by the number of vehicles stopped by country of registration and type of tachograph

MS	Total	National	Non-national	3rd country	Analog. tachogr.	% analog.	Digital tachogr.	% digital	Smart tacho	% smart
AT	166.302	49.797	110.150	6.355	4926	3%	156637	94%	4739	3%
BE	115.410	46.472	60.815	8.123	4113	4%	88251	76%	23046	20%
BG	91.976	47.196	11.661	33.119	17258	19%	73428	80%	1290	1%
HR	24.160	14.782	2.164	7.214	6435	27%	16420	68%	1305	5%
CY	3.267	3.226	41	0	661	20%	2588	79%	18	1%
CZ	62.456	31.854	27.402	3.200	6357	10%	52851	85%	3428	5%
DK	31.316	20.961	10.097	258	431	1%	30885	99%	0	0%
EE	10.779	8.181	2.150	448	2056	19%	8494	79%	229	2%
FI	40.963	32.519	4.690	3.754	6059	15%	29454	72%	5450	13%
FR	194.772	80.623	110.265	3.884	25739	13%	168997	87%	36	0%
DE	713.119	323.668	348.873	40.578	46297	6%	656542	92%	10280	1%
EL	104.081	80.334	13.473	10.274	48888	47%	55193	53%	0	0%
HU	55.082	31.529	18.472	5.081	3916	7%	51092	93%	74	0%
IE	6.872	6.156	713	3	656	10%	6216	90%	0	0%
IT	525.438	425.673	90.512	9.253	87178	17%	435248	83%	3012	1%
LV	19.335	9.518	7.126	2.691	2848	15%	16487	85%	0	0%
LT	13.393	9.548	1.639	2.206	0	0%	13393	100%	0	%
LU	9.515	3.051	6.262	202	802	8%	8713	92%	0	0%
MT	22	5	17	0	3	14%	19	86%	0	0%
NL	26.874	10.595	15.005	1.274	2381	9%	22056	82%	2437	9%
PL	317.251	172.369	76.788	68.094	40811	13%	260546	82%	13.305	4%
PT	45.106	43.046	2.052	8	10872	24%	34234	76%	0	0%
RO	446.366	357.392	55.938	33.036	78728	18%	359379	81%	8259	2%
SK	12.729	5.261	6.389	1.079	428	3%	12301	97%	0	0%
SI	21.110	7.333	7.855	5.922	2537	12%	18178	86%	395	2%
ES	467.199	428.797	35.158	3.244	30942	7%	343299	73%	0	0%
SE	39.245	20.172	17.570	1.503	1006	3%	38236	97%	3	0%
TOTAL	3.564.138	2.270.058	1.043.277	250.803	432.328	12%	2.959.137	83%	77126	2%

24. Statistics on checks at premises by the number of drivers. undertakings and working days checked

MS	Number of drivers 2021-2022	Number of undertakings 2021-2022	Number of working days 2021-2022
AT	13,229	1,160	758.861
BE	16,765	3,529	347.429
BG	28,004	5,319	1.740.325
HR	2,332	370	666.636
CY	860	322	70.711
CZ	6,402	787	881.503
DK	25,200	2,542	330.316
EE	3,644	311	190.598
FI	11,235	1,763	855.642
FR	81,637	5,455	3.661.662
DE	51,658	4,255	3.556.815
EL	10,636	1,946	2.659.000
HU	4,032	754	613.811
IE	4,749	383	728.614
IT	15,400	3,951	1.431.284
LV	3,694	406	1.206.040
LT	34,677	805	309.425
LU	1,188	53	106.920
MT	42	42	616
NL	43,301	1,785	1.741.957
PL	25,280	3,421	3.460.995
PT	6,952	1,648	791.288
RO	68,196	24,223	8.984.545
SK	4,573	601	331.625
SI	1,674	335	301.025
ES	107,373	17,525	3.091.740
SE	9,485	437	519.860
TOTAL	582,218	84,128	39.339.243

25. Statistic on types of offences at roadside

MS	Driving time	Breaks	Rest periods	28 days record sheets	Record. equipm. incorrect function.	Record. equipm. misuse/ manipul.	Lack/avail. of records for other work	Total number of offenses 2021-2022
AT	46.686	63.547	60.227	30.232	464	3194	16.040	220.390
BE	1.701	1.613	4.075	137	538	989	75	9.128
BG	529	541	2.402	857	708	112	1.389	6.538
HR	831	1.437	3.596	1.601	43	1601	49	9.158
CY	281	806	109	140	67	0	291	1.694
CZ	3.340	6.054	6.107	15.604	418	329	962	32.814
DK	296	231	827	32	599	95	95	2.175
EE	358	757	894	637	254	919	46	3.865
FI	600	237	1.254	-	49	747	-	2.887
FR	8.405	2.427	9.407	9.561	4.010	8.414	1.269	43.493
DE	66.397	42.646	63.875	155.285	54505	19610	79.465	481.783
EL	26.261	19.807	40.933	25.847	3363	14156	10.503	140.870
HU	471	1.519	1.522	266	999	950	599	6.326
IE	150	2.350	1.219	1.558	1307	6	-	6.590
IT	16.188	11.089	17.844	27.758	2715	919	250	76.763
LV	71	97	137	873	1	67	91	1.337
LT	2.283	417	1.942	1.002	729	1109	499	7.981
LU	571	388	482	1	1	34	106	1.583
MT	9	-	1	-	0	9	4	23
NL	747	799	1.166	81	442	1740	-	4.975
PL	23.102	25.709	53.097	1.522	2907	18191	57.651	182.179
PT	7.618	3.516	6.663	3.110	3144	5981	2.539	32.571
RO	9.204	2.803	10.371	2.664	2978	6825	1.474	36.319
SK	1.591	3.108	2.835	1.086	322	67	202	9.211
SI	1.859	2.912	3.990	2.565	924	714	3.488	16.452
ES	58.166	21.606	62.979	10.336	5477	408	13	158.985
SE	7.194	12.506	13.258	43	98	47	239	33.385
TOTAL	284.909	228.922	371.212	292.798	87062	87233	177.339	1.529.475

26. Statistics on types of offences at premises

MS	Driving time	Breaks	Rest periods	Offenses for driving time records	Recording equipment incorrect function.	Recording equipment manipul.	Lack/avail. of records for other work	Total number of offenses 2021-2022
AT	938	2.044	1.925	8	1.365	17	-	6.297
BE	2.727	3.356	8.768	380	-	79	-	15.310
BG	227	37	245	596	2	-	51	1.158
HR	464	1.226	2.051	22	-	1.002	66	4.831
CY	822	7.267	3.398	31	524	-	-	12.042
CZ	1.438	2.324	2.643	4.947	99	3	241	11.695
DK	99	785	484	163	-	-	-	1.531
EE	188	248	810	16	-	2	-	1.264
FI	5.330	20.775	13.673	331	58	780	136	41.083
FR	6.447	38.528	25.373	2.016	17	1.877	-	74.258
DE	41.659	109.247	47.896	6.083	10.598	466	39.913	255.862
EL	442	137	383	2	-	-	13	977
HU	460	1.012	1.291	8.694	6	173	1.025	12.661
IE	403	7.650	4.320	432	861	-	-	13.666
IT	3.605	6.015	6.058	29.328	1.889	5.332	1.382	53.609
LV	-	-	-	-	-	-	-	-
LT	8.666	1.313	1.537	548	261	106	1.036	13.467
LU	594	1.861	1.421	3	-	-	-	3.879
MT	1	2	4	-	-	-	-	7
NL	26.212	57.181	47.153	5.916	-	156.173	-	292.635
PL	14.203	30.939	31.105	459.633	392	9.075	74.081	619.428
PT	201	55	241	3	-	9	-	509
RO	1.432	90	1.043	9	85	23	65	3.206
SK	2.328	4.295	4.824	353	535	54	60	12.449
SI	412	515	750	205	17	74	26	1.999
ES	9.097	4.371	11.009	5.458	491	249	118	30.793
SE	1.614	3.293	3.728	1.909	116	-	2.104	12.764
TOTAL	130.009	304.566	222.133	527.086	17.316	175.494	120.317	1.497.380

(1)

As provided by Article 2 of Regulation (CE) No 561/2006, amended by Regulation (EU) 2020/1054, the rules set out in Regulation (EC) 561/2006 will be extended as of 1 July 2026 to drivers of vehicles which exceed 2,5 tonnes in international transport operations of goods.

(2)

Pursuant to Article 1(1) of Regulation (EU) No 165/2014, as amended by Regulation (EU) 2020/1054, from 20 August 2020, tachographs may also be used to verify compliance with other Union legislation, for example with Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EC) No 1073/2009.

(3)

This applies to the first version of smart tachographs, while the second version of smart tachographs has to be fitted in all newly registered vehicles as of 21 August 2023.

(4)

Pursuant to Article 6 of Directive 2006/22/EC, as amended by Directive (EU) 2020/1057, from 2 February 2022, the scope of the Enforcement Directive also covers checking compliance with some provisions of Directive 2002/15/EC.

(5)

Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (OJ L 249, 31.7.2020) and Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (OJ L 249, 31.7.2020, p. 49).

(6)

Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (OJ L 249, 31.7.2020, p. 49).

(7)

However, France (7.1% in 2019-2020 against 3.8% in 2021-2022) was replaced by Finland (4.7% against 5.6% in 2021-2022).

(8)

It is to be noted that Malta has still not met the threshold of 3% of working days.

(9)

Greece and Ireland in 2019-2020.

(10)

Bulgaria (13%), Croatia (25%), Poland (22%) and Slovenia (26%) in the previous reporting period 2019-2020.

(11)

Eleven Member States in the previous reporting period.

(12)

Germany reported 94% in the previous reporting period.

(13)

In line with Article 39(3) of Regulation (EU) No 165/2014.

(14)

Latvia is not included, as number and type of offences detected at premises were not reported. Malta did not carry out checks at the premises in 2019-2020 to make the comparison.

(15)

In Poland, detection offence rate was 16.68 in 2017-2018.

(16)

The Netherlands presents an increasing trend of offences detecting at premises.

(17)

Latvia did not provide categorisation of offences at the premises.

(18)

Croatia, Cyprus, Greece, Finland, Malta.

(19)

Austria, Belgium, Denmark, France, Germany, Italy, Lithuania, the Netherlands, Slovenia and Romania. Spain met the target in 2021 and in 2022.

(20)

The statutes of the European Public Association called “ROADPOL European Roads Policing Network” were signed in Dublin on 26 September 2019 and replaced TISPOL from the year 2020, maintaining the same objectives. All Member States of the European Union, except Greece and Slovakia, participate in the ROADPOL Network, as well as Serbia, Switzerland, Türkiye and the Dubai Emirate Police.

(21)

Euro Control Route (ECR) is composed of 14 EU-Member States (Austria, Belgium, Croatia, France, Germany, Hungary, Ireland, Luxembourg, Poland, Romania, The Netherlands, Spain) and the United Kingdom. Czech Republic and Slovenia are observers.

(22)

Hungary did not report any concerted checks in the reporting period.

(23)

According to France, trainers and stagiaires appreciated training portals such as www.postingdeclaration-training.eu/scan and https://webgate.training.ec.europa.eu/imi-net/imi/protected/home.imi provided by the European Commission.

(24)

Commission Implementing Regulation (EU) 2022/694 of 2 May 2022 amending Regulation (EU) 2016/403 as regards new serious infringements of the Union rules which may lead to the loss of good repute by the road transport operator (OJ L 129, 3.5.2022, p. 22).

(25)

France, Lithuania, the Netherlands, Spain and Sweden.

(26)

Act No 139 of 25 February 2020 amending the Road Traffic Act.

(27)

Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 article 19(1).

(28)

https://transport.ec.europa.eu/transport-modes/road/social-provisions/enforcement_en

(29)

https://ec.europa.eu/transport/sites/transport/files/national_exceptions_regulation_2006_561.pdf

(30)

The revision of Regulation (EC) No 561/2006 now allows the extraterritoriality for infringements of Regulation (EU) No 165/2014, i.e. it enables imposing a penalty after having detected an infringement of Regulation (EU) 165/2014 which was committed on the territory of another Member State and for which a penalty has not yet been imposed (Regulation (EU) 2024/1258 of the European Parliament and of the Council of 24 April 2024 amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector and as regards Member States’ power to impose penalties for infringements of Regulation (EU) No 165/2014 committed in another Member State or in a third country, OJ L, 2024/1258, 2.5.2024, p. 1).

(31)

Prefettura Ufficio territoriale del governo di Firenze v. MI (C‑870/19), TB (C‑871/19), ECLI:EU:C:2021:233.

(32)

OL and Others v Rapidsped Fuvarozási és Szállítmányozási Zrt, ECLI:EU:C:2021:548.

(33)

Criminal proceedings against FO, ECLI:EU:C:2021:715.

(34)

Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR), ECLI:EU:C:2022:531.

(35)

Cyprus, Estonia, Germany, Greece, Italy, Portugal, Slovakia, Slovenia and Sweden provided information on which social partners were consulted while Finland and France did not specify which social partners were consulted. Austria informed that draft report was discussed in the Parliament and was publicly available on the Labour Inspectorate website.

Choose the experimental features you want to try