Annual Reporting of Roadside Checks Directive 95/50/EC

1.  Annual Reporting of Roadside ChecksDirective 95/50/EC Timo Aaltonen EUROPEAN COMMISSION Directorate General for Mobility and Transport Road Safety and Dangerous Goods ADR master class programme 2010 - 05/10/2010

2. The presentation • Legal base and reporting obligations; • How the Member States should fill in the statistical report of 95/50/EC; • Main results of the latest Commission report; • Planned guidelines on filling in the report; • Further details.

3. Legal base and Member States’ reporting obligation • Legal base is Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road; • Article 9(1): ” Each Member State shall send the Commission for each calendar year not later than twelve months after the end of that year a report, drawn up in accordance with the model in Annex III, on the application of this Directive, including the following particulars: …”; • Annex III has been amended by Commission Directive 2004/112/EC of 13 December 2004.

4. = = = = Checks on the transport of dangerous goods by road (1/2)Annex III to Directive 95/50/EC as amended

5. Checks on the transport of dangerous goods by road (2/2)Annex III to Directive 95/50/EC as amended • For the purposes of this Annex the country of registration is that of the motor vehicle • In the event that there are several infringements per transport unit, only the most seriousrisk category (as indicated under item 39 in Annex I) shall be applied. N.B. Unlike infringements, the number of reported penalties is not limited to one per control. The report on penalties should reflect the decisions made by the road side – there is further discussion on this later in the presentation.

6. Commission’s reporting obligation • Article 9(1) ”The Commission shall send the European Parliament and the Council, for the first time in 1999 and subsequently at least every three years, a report on the application of this Directive by the Member States, stating the particulars in accordance with paragraph 1 above.”; • The Commission has published so far four such reports, latest in July (COM(2010) 364 of 7.7.2010).

7.  Findings of the latest report 2006 – 2007 • 244 710 checks in 2006 in EU(1) (632 in Norway) • 285 500 checks in 2007 in EU(1) (417 in Norway) • This implies an annual growth of 20% - is such a growth to be expected in the future? (1) excluding Estonia 7 |

8. Number of checks per million tonne-km • What is meant by this indicator? • In 2006 there were 2.95 checks per million tonne–kilometres; • 2007 the frequency increased to 3.50 checks per million tonne-kilometres; • Bulgaria and Hungary have a high frequency of checks.

9. Infringements • 1 in 8 checks an infringement was found; • 40% of infringements were risk category 1; • 10,000 vehicles are immobilised annually; • Large variance between Member States in how often an infringement is detected: obedience of rules, targeted controls or different approach in the controls?

10. Guidelines on Coherent Reporting on Road Side Checks • It appears that the statistical returns are still made according to different customs in Member States; • Commission is planning to publish a formal Recommendation; • ‘Penalties’ means the decisions taken on the side of the road by the enforcement officer; • Immobilisation is indirectly considered a penalty in Article 5 of Directive 95/50/EC: “Without prejudice to other penalties which may be imposed… vehicles may be immobilized… ”.

11.  Further information • Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road; • Commission Directive 2004/112/EC of 13 December 2004; • Report from the Commission to the European Parliament and the Councilon the Application by Member Statesof Council Directive 95/50/ECof 7 July 2010 11 |