(b) The elements of roadside checks shall include:

Contracting Parties shall work in cooperation with each other in the organization of concerted roadside checks.

These forms shall be accepted at any roadside check carried out in the territory of Contracting Parties to this Agreement.

In accordance with article 12 bis of this Agreement, road carriers may use the following model forms to facilitate roadside checks:

(c) The elements of checks on the premises of undertakings shall include, apart from the elements subject to roadside checks, in addition to compliance with Article 10, paragraph 3:

To facilitate international roadside checks, model standardized forms will be introduced, for use when required, in the Annex to this Agreement, which will be supplemented accordingly by a new Appendix 3. These forms will be introduced or amended in accordance with the procedure defined in article 22 ter.

If the findings of a roadside check on the driver of a vehicle registered in the territory of another Contracting Party provide grounds to believe that infringements have been committed which cannot be detected during the check due to lack of necessary data, the competent authorities of the Contracting Parties concerned shall assist each other to clarify the situation.

Whereas the content of the registration certificate must enable it to be checked that the holder of a driving licence issued pursuant to Council Directive 91/439/EEC of 29 July 1991 on driving licences(4) drives solely those categories of vehicles for which he is authorised; whereas such checking helps to improve road safety;

In the future, periodic verification of the correct functioning of the speed limiter will be facilitated for the vehicles that are fitted with the new recording equipment (digital tachograph) according to Council Regulation (EC) No 2135/98 of 24 September 1998 amending Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the application of Regulations (EEC) No 3820/85 and (EEC) No 3821/85(4).

The elements of roadside checks are:

Switzerland may perform controls at the frontier to verify permits issued under Annex 6 to the Agreement between the European Communities and the Swiss Confederation on carriage of goods by road and rail.

(b) Switzerland may perform controls at the frontier to verify permits issued under Annex 6 to the Agreement between the European Communities and the Swiss Confederation on carriage of goods by road and rail.

- Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 325, 29.11.1988, p. 55), as last amended by Regulation (EC) No 2135/98 (OJ L 274, 9.10.1998, p. 1).

The measures shall be applied in such a way as not to impede the free movement of goods or services between the Contracting Parties, notably as regards the administration and collection of tolls or road-use charges, the absence of controls or systematic verification at the frontiers between the Contracting Parties and the absence of excessive formalities.

Article 19 of Council Regulation (EEC) No 3821 / 85 of 20 December 1985 on recording equipment in road transport (7) which entitles Member States to adopt measures which cover, inter alia, the organization of procedure for, and means of carrying out, checks on whether the equipment complies with the provisions of the Regulation;

Whereas, pursuant to existing Community and national legislation in the field of road and inland waterway transport, Member States perform checks, verifications and inspections relating to technical characteristics, authorizations and other documentation that vehicles and inland waterway vessels must comply with;

Roadside checks

Member States shall, at least twice yearly, undertake concerted operations to check at the roadside drivers and vehicles falling within the scope of Regulations (EEC) No 3820/85 and (EEC) No 3821/85.

require examination en route of road vehicles, combinations of vehicles or containers and their loads.

Roadside checks shall be carried out without discrimination of vehicles and drivers, whether resident or not.

The elements of checks at the premises of undertakings, in addition to those for roadside checks, are:

Roadside checks shall be organized in different places at any time, covering a sufficiently extensive part of the road network to make it difficult to avoid checkpoints.

Checks shall also be carried out at premsies of undertakings when serious breaches of Regulations (EEC) No 3820/85 and (EEC) No 3821/85 have been detected at the roadside.

whereas there will in general continue to be a need for such checks, verifications and inspections to prevent disruption of transport market organization and to ensure road and inland waterway safety;

Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 325, 29.11.1988, p. 55), as last amended by Regulation (EC) No 2135/98 (OJ L 274, 9.10.1998, p. 1).

The Member States shall ensure that a representative proportion of consignments of dangerous goods transported by road is subject to the checks laid down by this Directive, in order to check their compliance with the laws on the transport of dangerous goods by road.

Article 19 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport ()) which entitles Member States to adopt measures which cover, inter alia, the organization of procedure for, and means of carrying out, checks on whether the equipment complies with the provisions of the Regulation;

If the customs authorities conduct an examination of the load of a road vehicle, combination of vehicles or container in the course of the journey or at a customs office en route, they shall record on the TIR carnet vouchers used in their country, on the corresponding counterfoils, and on the vouchers remaining in the TIR carnet, particulars of the new seals affixed and of the controls carried out.

If the findings of a roadside check on the driver of a vehicle registrered in another Member State provide grounds to believe that infringements have been committed which cannot be detected during the check due to lack of necessary data, the competent authorities of the Member States concerned shall assist each other to clarify the situation.

Whereas, pursuant to existing Community and national legislation in the field of road and inland waterway transport, Member States perform checks, verifications and inspections relating to technical characteristics, authorizations and other documentation with which vehicles and inland waterway vessels must comply;

Member States shall organise a compulsory written examination which they may supplement by an optional oral examination to establish whether applicant road transport operators have achieved the required level of knowledge in the subjects listed in part I, in particular, their capacity to use the instruments and techniques relating thereto and to fulfil the corresponding executive and coordination duties.

Whereas, with regard to professional competence, it is necessary that applicant road transport operators provide proof of a harmonised minimum level of training in the same subjects and that they hold certificates, drawn up in accordance with a comparable model, certifying professional competence, in the commercial field in particular, at a harmonised minimum level and on the basis of uniform testing methods in all the Member States;