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DIRECTIVES

COMMISSION DIRECTIVE 2009/5/EC

of 30 January 2009

amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on

minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and

3821/85 concerning social legislation relating to road transport activities

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European

Community,

Having regard to Directive 2006/22/EC of the European

Parliament and of the Council of 15 March 2006 on

minimum conditions for the implementation of Council Regu

lations (EEC) Nos 3820/85 and 3821/85 concerning social

legislation relating to road transport activities and repealing

Council Directive 88/599/EEC (

), and in particular

Article 9(3) thereof,

Whereas:

(1) Directive 2006/22/EC contains in its Annex III an initial

list of infringements of 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 Regu

lations (EEC) No 3821/85 and (EC) No 2135/98 and

repealing Council Regulation (EEC) No 3820/85 (

)as

well as Council Regulation (EEC) No 3821/85 of

20 December 1985 on recording equipment in road

transport (

(2) Article 9(3) of Directive 2006/22/EC provides for the

possibility to adapt that Annex with a view to estab

lishing guidelines on a common range of infringements,

divided into categories. The most serious infringements

are to include those which create a serious risk of death

or serious personal injury.

(3) Providing further guidance on the categorisation of

infringements is an important step towards ensuring

legal certainty for undertakings and fairer competition

between undertakings.

(4) A harmonised categorisation of infringements is also

desirable in order to provide a common basis for the

risk rating systems which Member States have to

introduce according to Article 9(1) of Directive

2006/22/EC. Based on these harmonised categories, the

inclusion of infringements committed by a driver or an

undertaking in other Member States than the Member

State of establishment would be facilitated.

(5) As a general rule, the categorisation of infringements

should depend on their gravity and the possible conse

quences for road safety, as well as on the ability to

control the driver’s and the undertaking’s compliance

with the legislation.

(6) The measures provided for in this Directive are in

accordance with the opinion of the Committee set up

by Article 18(1) of Regulation (EEC) No 3821/85,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex III to Directive 2006/22/EC is replaced by the text in the

Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations

and administrative provisions necessary to comply with this

Directive by 31 December 2009 at the latest. They shall

forthwith communicate to the Commission the text of those

provisions and a correlation table between those provisions and

this Directive.

When Member States adopt those provisions, they shall contain

a reference to this Directive or be accompanied by such a

reference on the occasion of their official publication. Member

States shall determine how such reference is to be made.

31.1.2009 Official Journal of the European Union L 29/45

(

) OJ L 102, 11.4.2006, p. 35.

(

) OJ L 102, 11.4.2006, p. 1.

(

) OJ L 370, 31.12.1985, p. 8.

1 2 ... 96 97 98 99 100 101 102 103 104 105 106

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