Article 71(1)(c) of the Treaty on European Union requires that common transport policy in the EU should include measures to improve transport safety. In April 1997, the Commission adopted a programme of measures to improve road safety. This programme included a specific reference (pages 20 and 41) to the effectiveness of reducing inappropriate drinking and driving as an accident and casualty reduction measure. A follow up Communication was adopted on 17 March 2000 which reassessed the priorities in the EU for improving road safety. In this, inappropriate drinking and driving is once again identified as a key road safety priority. Inappropriate drinking and driving is defined normally as driver impairment in terms of: a driver with a blood alcohol content (BAC) above a prescribed legal limit which is punishable as a criminal offence; or as a driver with a (BAC) above a prescribed limit which is punishable by some form of administrative sanction such as a fine; or as a driver with a (BAC) below a prescribed limit but where the driver is judged to be impaired. Since the mid-1960's, a substantial body of research has analysed the driver impairment effect of alcohol consumption, and has conclusively demonstrated the direct correlation between BAC and the risk of accident involvement. Policies to reduce inappropriate drinking and driving, sometimes constructed around reduced BAC limits, have consistently been regarded in all motorised countries as a priority to reduce accidents and their consequent casualties. These policies are normally based upon a mixture of BAC limits, police enforcement, publicity, rehabilitation, and legal or administrative sanctions, with the mix varying according to Member State. In 1988, the Commission brought forward a proposal for a Directive on harmonised BAC levels, the aim of which was to set a maximum BAC limit of 0,5 mg/ml throughout the Community. This proposal was not adopted because of the objections of some Member States on the grounds of subsidiarity. In July 1999, the Transport Committee of the European Parliament decided not to reconfirm its first reading of COM(88) 707 final, and requested that a new proposal be drawn up to better reflect advances in the assessment of the measures required to reduce inappropriate drinking and driving. The Commission considers that both national and European action to reduce inappropriate drinking and driving within the EU is best served by a more harmonised regime of legal maximum BAC limits. This will provide a clearer and more consistent message to drivers in the EU that drinking and driving is a dangerous activity wherever they are driving in the EU. However it accepts that there are long standing national political objections on the grounds of subsidiarity to such a measure, and therefore does not intend to renew the original proposal for a Directive in line with the commitment made in the Communication on road safety priorities. The Commission therefore proposes to bring forward a Commission Recommendation which sets out the Commission's view on a number of actions relating to: BAC limits; random breath testing; harmonisation of measurement standards for breath testing equipment; information exchange concerning best practices; support for research and development; support for Europe-wide publicity campaigns; co-ordinating the use of alcohol-related road accident data records. For the time being, the Commission does not intend to withdraw the original proposal for a Directive in case Member States wish to reactivate it as a consequence of the Communication. (A)
Abstract