APPENDIX 5
COM(88) 707 final - Proposal for
a Council Directive relating to the Maximum permitted blood alcohol
concentration for vehicle drivers
Explanatory Memorandum
General Comments
1. One of the objectives of the common
transport policy is to contribute effectively to the reduction
of traffic accidents and resulting casualties, and to the improvement
of traffic conditions. One of the initiatives through which a
common policy on road safety can be progressively achieved is,
the Commission believes, a Directive to establish a single maximum
blood alcohol concentration for all drivers in the Community.
2. A Parliamentary Resolution of 13 March
1984[45],
on the introduction of a programme of Community measures to promote
road safety, recalled the duty of the Community to make every
effort to improve road safety and specified that among those measures
to which immediate priority should be given was the establishment
of a single maximum permissible blood alcohol concentration of
0.80 milligrams per millilitre of blood for all drivers. This
was repeated in a further Resolution on 18 February 1986 on common
measures to reduce accidents[46].
3. In its draft Resolution on the implementation
of a Community road safety programme, submitted to the Council
on 20 March 1984[47],
the Commission recommended a number of measures to be taken in
this context, including one concerning effects of alcohol and
drugs. The Council Resolution of 19 December 1984[48]
welcomed the Commission's initiative, affirmed the need to provide
for Community action on road safety and invited the Commission
to submit proposals, undertaking at the same time to ensure their
rapid adoption.
4. Despite measures to combat drink/driving,
alcohol continues to play a significant role in increasing the
risks of road accidents. According to a recent OECD study, the
percentage of drivers killed with an alcohol level in excess of
0.80mg/ml of blood varies in member countries from 15 to 45 per
cent. Moreover, in cases of fatal accidents involving adults,
between one third and one half of drivers have been found to have
a significant (even if legal) level of alcohol in the blood.
5. Research findings indicate that drivers'
reaction times increase, and their ability to process information
decreases, where their blood alcohol concentration is as little
as 0.50mg/ml. From 0.50mg/ml to 0.80mg/ml the risk of an accident
therefore increases; over 0.80mg/ml is the principal factor governing
an accident, while with over 1.00mg/ml all drivers run a high
risk of having an accident (see Annex I).
The Council of the European Communities
Having regard to the Trety establishing
the European Economic Community and in particular Article 75 thereof:
Having regard to the proposal from the
Commission;
Having regard to the opinion of the
European Parliament;
Having regard to the opinion of the
Economic and Social Committee;
Whereas one of the objectives of the
common transport policy is to lay down common rules applicable
to international transport within the Community, in particular
with regard to safety conditions applying to road users in the
Member States;
Whereas the growth of road traffic and
the resulting increase in danger present all Member States with
safety problems of a similar nature and seriousness;
Whereas the resolution of 19 December
1984 adopted by the Council and the representtives of the Governments
of the Member States of the European Communities, meeting with
the Council[49],
undertook to ensure the rapid adoption of road safety measures,
and invited the Commission to submit proposals;
Whereas drinking and driving is estimated
to be a contributory factor in one third or more of the 50,000
road deaths per year in the Community;
Whereas the Resolution of 13 March 1984
of the European Parliament on Road Safety[50]
recommended that the Commission submit as soon as possible proposals
to establish a single maximum permissible blood alcohol concentration
of 0.80mg/ml for all drivers; and whereas the Resolution of 18
February 1986[51]
reiterated this recommendation;
Whereas the Member states have differing
laws concerning the maximum permitted level of alcohol in a driver's
blood;
Whereas intra-Community road traffic
is substantial and whereas therefore it is desirable to approximate
laws concerning the maximum permitted alcohol level in the blood
of drivers;
Whereas laboratory tests have shown
that drivers' reaction time increases greatly, while their ability
to process information decreases greatly, where their blood alcohol
concentration exceeds 0.80 and whereas tests have also shown that,
above this level alcohol is the principal factor governing the
risk of an accident;
Whereas it is proven that driving ability
can be severly impaired even agt blood alcohol concentration of
0.50 and that the risk of accident involvement in that case is
more than one and a half times as high as in the case of sober
drivers.
Article 1
For the purposes of this Directive "driver
of a vehicle" means any driver of a power driven vehicle
with 3 or more wheels and any rider on a power driven two wheel
vehicle.
Article 2
The maximum permitted blood alcohol
concentration for drivers of vehicles shall be no more than 0.50
milligrams alcohol per millilitre of blood as from 1 January 1993.
Article 3
1. Member States shall, after consulting
the Commission, bring into force the laws, regulations and administrative
provisions which are necessary in order to comply with this Directive
within 12 months of its notification. They shall forthwith inform
the Commission thereof.
2. Member States shall ensure that the
texts of the main provisions of national law which they adopt
in the field covered by this Directive are communicated to the
Commission.
Article 4
This Directive is addressed to the Member
States.
Done at For
the Council
Competitiveness and impact statement
This proposal aims at harmonising the
maximum permitted blood alcohol concentration for vehicle drivers
at the level of 0.50 milligrams alcohol per millilitre blood.
At present all Member States have a
legal limit which varies from 0.50mg/ml to 0.80mg/ml.
This proposal has no impact on small
and medium enterprises.
ANNEX I
Risk and Alcohol Levels
ANNEX II
Maximum permitted blood alcohol
concentration for drivers in the Member States
(mg alcohol per ml blood)
| Belgium | 0.80
| |
| Germany |
0.80 | (0.30 if there are other indications of impairment such as an accident)
|
| Denmark |
0.80 |
|
| Spain |
0.80 | (0.50 for drivers of vehicles transporting dangerous goods)
|
| France |
0.80 |
|
| Greece |
0.80 | (0.50 if there are other indications of impairment)
|
| Ireland |
0.80 |
|
| Italy |
0.80 |
|
| Luxembourg
| 0.80 |
|
| Netherlands
| 0.50 |
|
| Portugal
| 0.50 |
|
| United Kingdom
| 0.80 |
|
45 O.J. No C 104, 16.04.1984, p 38. Back
46 O.J.
No C 68, 24.03.1986, p 35. Back
47 O.J.
No C 95, 06.04.1984, p 2. Back
48 O.J.
No C 341, 21.12.1984, p 1. Back
49 O.J.
No C 341, 21.12.1984, p 1. Back
50 O.J.
No C 104, 16.04.1984, p 38. Back
51 O.J.
No C 68, 24.03.1986, p 35. Back
| 
