L 226/4 Official Journal of the European Union 10.9.2003 DIRECTIVE 2003/59/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/ 439[EEC and repealing Council Directive 76/914/EEC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the European Economic and Social Committee (), After consultation of the Committee of the Regions, Acting in accordance with the procedure referred to in Article 251 of the Treaty (), Whereas: (1)  Article 5(1), (2) and (4) of Regulation (EEC) No 3820/ 85 (*) provides that certain drivers engaged in the carriage of goods or passengers by road must, depending on their age, on the category of vehicle used and on the distance to be travelled, hold a certificate of professional competence in conformity with Community rules on the minimum level of training for some road transport drivers. That minimum level is determined by Directive 76/914/EEC (). (2)  Given that the provisions of Regulation (EEC) No 3820/ 85 apply to a very small percentage of drivers and that currently the compulsory training of drivers is only required by a few Member States, the majority of drivers now driving on Community territory are carrying out their profession solely on the basis of a driving licence. (") OJ C 154 E, 29.5.2001, p. 258 and OJ C 20 E, 28.1.2003, p. 263. () O] C 260, 17.9.2001, p. 90. (*) Opinion of the European Parliament of 17 January 2002 (O] C 271 E, 7.11.2002, p. 381), Council Common Position of 5 December 2002 (O] C 32 E, 11.2.2003, p 9) and Decision of the European Parliament of 8 April 2003 (not yet published in the Official Journal). Decision ofp the Council of 13 June 2003. (*) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road trans- port (O] L 370, 31.12.1985, p. 1). () Council Directive 76[914/EEC of 16 December 1976 on the minimum level of training for some road transport drivers (O] L 357, 29.12.1976, p. 36). 3) (10) To enable drivers to meet the new demands arising from the development of the road transport market, Commu- nity rules should be made applicable to all drivers, whether they drive as self-employed or salaried workers, and whether on own account or for hire or reward. The establishment of new Community rules is aimed at ensuring that, by means of his or her qualification, the driver is of a standard to have access to and carry out the activity of driving. More particularly, the obligation to hold an initial quali- fication and to undergo periodic training is intended to improve road safety and the safety of the driver, including during operations carried out by the driver while the vehicle is stopped. Furthermore, the modern nature of the profession of driver should arouse young people's interest in the profession, contributing to the recruitment of new drivers at a time of shortage. To avoid unequal conditions of competition, this Direc- tive should apply to the activity of driving both by the nationals of a Member State and by nationals of third countries who are employed or used by an undertaking established in a Member State. In order to establish that the driver complies with his or her obligations, Member States should issue the driver with a certificate of professional competence, hereinafter referred to as ‘CPC’, certifying his or her initial qualifica- tion or periodic training. Given the differences between current systems in certain Member States, Member States should be able to choose between several options so as to facilitate the implemen- tation of the provisions relating to the initial qualifica- tion. In order to maintain their qualification of driver, existing drivers should be obliged to undergo periodic retraining in the skills essential for their profession. The minimum requirements to be met for the initial qualification and the periodic training concern the safety rules to be observed when driving and while the vehicle is stopped. The development of defensive driving — anticipating danger, making allowance for other road users — which goes hand in hand with rational fuel consumption, will have a positive impact both on society and on the road transport sector itself.