Annex III to Directive 2006/22/EC is replaced by the text in the Annex to this Directive.
Commission Delegated Directive (EU) 2024/846 of 14 March 2024 amending Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities
Commission Delegated Directive (EU) 2024/846 of 14 March 2024 amending Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC(1), and in particular Article 9(3) thereof,
Whereas:
Under Article 9(1) of Directive 2006/22/EC, Member States should introduce a risk rating system for undertakings based on the relative number and gravity of any infringement of Regulation (EC) No 561/2006 of the European Parliament and of the Council(2) or of Regulation (EU) No 165/2014 of the European Parliament and of the Council(3) or of national provisions transposing Directive 2002/15/EC of the European Parliament and of the Council(4) that an individual undertaking has committed.
In accordance with Article 9(3) of Directive 2006/22/EC, a list of infringements of Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014 and their weighting of gravity is set out in Annex III of that Directive.
With a view to establishing or updating the weighting of gravity of infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014, the Commission is empowered to adopt delegated acts in accordance with Article 15a of Directive 2006/22/EC to amend Annex III to take account of regulatory developments and road safety considerations.
Regulation (EU) 2020/1054 of the European Parliament and of the Council(5) introduced new provisions as regards infringements leading to risks of serious injuries or fatalities or distortion of competition in the road transport market. Annex III of Directive 2006/22/EC should be amended to include these new infringements.
The category for the most serious infringements should include those in which failure to comply with the relevant provisions of Regulations (EC) No 561/2006 and (EU) No 165/2014 creates a serious risk of death or serious personal injury,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Article 2 Transposition
1.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 14 February 2025 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
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.
2.
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3 Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4 Addressees
This Directive is addressed to the Member States.