Regulation 2002/484 - Amendment of Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation - Main contents

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Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation

Official Journal L 076 , 19/03/2002 P. 0001 - 0006

Regulation (EC) No 484/2002 of the European Parliament and of the Council

of 1 March 2002

amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty 3(3),

Whereas:

• (1) 

  Pursuant to Regulation (EEC) No 881/92(4) the international carriage of goods by road is made conditional on possession of a Community authorisation, i.e. a uniform document.

• (2) 

  The absence of a similar uniform document certifying the entitlement of drivers to drive the vehicles engaged in such carriage subject to Community authorisation, namely the international carriage covered by Regulation (EEC) No 881/92 and the cabotage as defined and provided for in Regulation (EEC) No 3118/93(5) prevents Member States from checking whether drivers from non-member countries are lawfully employed or are lawfully at the disposal of the haulier responsible for the transport operation.

• (3) 

  It is therefore appropriate to establish a driver attestation, to limit the scope of this Regulation to drivers who are nationals of non-member countries and to decide subsequently, on the basis of an assessment by the Commission, whether or not the Regulation should be extended.

• (4) 

  This Regulation leaves the legislation and statutory provisions of Member States and the Community governing movement, residence and access to an activity as an employed person unaffected.

• (5) 

  The fact that it is impossible to check whether drivers outside the Member State of establishment of the haulier are employed or supplied lawfully has led to a market situation where drivers from non-member countries are sometimes engaged unlawfully and solely for international carriage outside the haulier's Member State of establishment with an intent to breach the national legislation of the Member State of establishment that issued the haulier's Community authorisation.

• (6) 

  Such unlawfully employed drivers often work in precarious conditions and are underpaid, which jeopardises road safety.

• (7) 

  Such a systematic breach of national legislation has led to serious distortion of competition between hauliers engaged in such practices and those resorting solely to lawfully employed drivers.

• (8) 

  The authorised bodies find it impossible to control the working conditions of those unlawfully employed drivers.

• (9) 

  A driver attestation cannot be adequately introduced by the Member States and can therefore be better introduced at Community level, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary for that purpose.

• (10) 

  Member States need time to have the new driver attestation printed and distributed and this Regulation shall therefore apply only after sufficient time has been given to Member States to adopt the measures necessary for its implementation.

• (11) 

  It should be expressly confirmed that Member States may require vehicles for which they issue a certified true copy of the Community authorisation to be...

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