| Author (Corporate) | European Parliament: European Parliamentary Research Service |
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| Series Title | Briefing: Implementation Appraisal |
| Series Details | May 2017 |
| Publication Date | May 2017 |
| Content Type | Journal | Series | Blog, Policy-making |
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This briefing is one in a series of 'Implementation Appraisals' on the operation of existing EU legislation in practice. Each such briefing focuses on a specific EU law which is likely to be amended or reviewed, as foreseen in the European Commission's Annual Work Programme. Implementation Appraisals aim to provide a succinct overview of material publicly available on the implementation, application and effectiveness of an EU law to date – drawing on available input from the EU institutions and external organisations. They are provided to assist parliamentary committees in their consideration of the new proposals, once tabled.Regulation 561/2006 lays down rules applicable to driving times, breaks and rest periods for drivers engaged in the carriage of goods and passengers by road. Various resources show that presently there are several challenges linked with the implementation of the regulation. These include diverging enforcement practice applied across the different EU Member States, clarity of the text of the regulation, broad discretion of the Member States and various exemptions allowed by the regulation. These challenges influence harmonisation of road transport, as well as legal certainty, and they limit the fulfilment of the regulation's goal. The European Parliament has called on the European Commission to update Regulation 561/2006 to respond to these challenges. Similarly, the European Economic and Social Committee has recommended that the existing legislation is updated. Furthermore, representatives of various stakeholder groups have voiced requests to update this piece of EU legislation. Finally, the European Commission itself has expressed willingness to revise the regulation as part of the enhancement of the social legislation in road transport. It is expected that the European Commission will submit this proposal in the second quarter of 2017. See also the Briefing accessible via the related url hyperlinks: Enhancement of social legislation in road transport II (Working time and enforcement of Regulation 561/2006) Directives 2002/15 and 2006/22 lay down rules on the working time of professional drivers, breaks, and enforcement of Regulation 561/2006 on the harmonisation of certain social legislation relating to road transport. Various sources show that there are currently several challenges linked with the implementation of social legislation in road transport in the Member States. These challenges include diverging enforcement practice across the various EU Member States, a lack of clarity in the legislation, the broad discretion left to Member States, and various exemptions allowed by the legislation. These challenges are affecting harmonisation in the field of road transport; they have an impact on legal certainty and are hindering the fulfilment of the legislation's objectives. The European Parliament has noted these issues and has called for them to be resolved. Similarly, the European Economic and Social Committee has recommended updating the current legislation, while representatives of various stakeholder groups have called for amendments in this field. Last, but not least, the European Commission itself has expressed its willingness to revise these directives as part of the enhancement of social legislation in road transport. It is expected that the European Commission will submit a proposal in the second quarter of 2017. Author: Milan Remac |
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| Source Link | http://www.europarl.europa.eu/RegData/etudes/BRIE/2017/603227/EPRS_BRI(2017)603227_EN.pdf |
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| Subject Categories | Business and Industry, Employment and Social Affairs, Mobility and Transport |
| Countries / Regions | Europe |
