19.3.2002 Official Journal of the European Communities L76/1 (Acts whose publication is obligatory) REGULATION (EC) No 484/2002 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation 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 Economic and Social Committee (%), Having consulted the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty 3 (%), Whereas: (1)  Pursuant to Regulation (EEC) No 881/92 () the inter- national carriage of goods by road is made conditional on possession of a Community authorisation, ie. a uniform document. (2)  The absence of a similar uniform document certifying the entitlement of drivers to drive the vehicles engaged in such carriage subject to Community authorisation, namely the international carriage covered by Regulation (EEC) No 881/92 and the cabotage as defined and provided for in Regulation (EEC) No 3118/93 (%) prevents Member States from checking whether drivers from non-member countries are lawfully employed or are lawfully at the disposal of the haulier responsible for the transport operation. (3) It is therefore appropriate to establish a driver attesta- tion, to limit the scope of this Regulation to drivers who are nationals of non-member countries and to decide () O] C 96 E 27.3.2001, p. 207. () O] C 193, 10.7.2001, p. 28. (*) Opinion of the European Parliament of 16 May 2001 (not yet published in the Official Journal), Council Common Position of 23 October 2001 (O] C 9, 11.1.2002, p. 17) and Decision of the European Parliament of 17 January 2002. Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Commu- nity to or from the territory of a Member State or passing across the territory of one or more Member States (O] L 95, 9.4.1992, p. 1). Regulation as amended by the 1994 Act of Accession. Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (O] L 279, 12.11.1993, p. 1). <= subsequently, on the basis of an assessment by the Commission, whether or not the Regulation should be extended. This Regulation leaves the legislation and statutory provisions of Member States and the Community governing movement, residence and access to an activity as an employed person unaffected. The fact that it is impossible to check whether drivers outside the Member State of establishment of the haulier are employed or supplied lawfully has led to a market situation where drivers from non-member countries are sometimes engaged unlawfully and solely for inter- national carriage outside the haulier's Member State of establishment with an intent to breach the national legis- lation of the Member State of establishment that issued the haulier's Community authorisation. Such unlawfully employed drivers often work in precar- ious conditions and are underpaid, which jeopardises road safety. Such a systematic breach of national legislation has led to serious distortion of competition between hauliers engaged in such practices and those resorting solely to lawfully employed drivers. The authorised bodies find it impossible to control the working conditions of those unlawfully employed drivers. A driver attestation cannot be adequately introduced by the Member States and can therefore be better intro- duced at Community level, in accordance with the prin- ciple of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary for that purpose.