EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2019/2144 of the European Parliament and of the 
Council by laying down detailed rules concerning the specific test procedures and 
technical requirements for the type -approval of motor vehicles with regard to their 
event data r ecorder and for the type -approval of those systems as separate technical 
units and amending Annex II to that Regulation  
 
(Text with EEA relevance)   EN 1  EN EXPLANAT ORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Regulation (EU) 2019/2144 of the European Parliament and of the Council  mandates motor 
vehicles of categories M 1 and N 1 to be equipped with event data recorders (EDR) from 6 July 
2022 for new vehicle types and from 7 July 2024 for all new vehicles.  
According to studies1, EDR can provide valuable accident data that can help to improve 
vehicl e safety. The information on the status of the vehicle and its systems at the moment of a 
collision, as well as shortly before and after a collision, should enable better understanding of 
the causes and circumstances of accidents and the functioning of the  vehicle’s safety systems. 
This analysis will help to improve the vehicle’s safety and reduce the number of accidents.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
In preparing this act, the Commission carried out appropriate consultations with Member  
State experts and stakeholders, with meetings to exchange views on the proposed approach on 
18 December 2020, 11 February 2021, 21 April 2021, 28 May 2021, 30 June 2021 and 2 July 
2021. The provisions of the 01 Series of Amendments to UN Regulation No 160 , referred to 
in the Annex to this act, have been prepared by a UNECE working group involving the EU 
stakeholders, including EU Member States, road safety organisations and industry 
representatives.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The Act establish es technical requirements and testing procedures for vehicle type -approval 
with regard to EDR, as well as type -approval of EDR as a separate technical unit (STU). For 
type-approval of a vehicle type, the Act refers to the provisions of a 01 Series of Amend ments 
to UN Regulation No 160, making its requirements applicable under the General Vehicle 
Safety Regulation (GSR). These requirements concern data elements that EDR must record, 
the format of these data, requirements for data capture (including those on recording and 
overwriting of data, on -board storing and the locking of certain data records) and 
requirements for crash test performance and survivability.  
The catalogue of data elements that EDR must record is included in Annex 5 to the 01 Series 
of Amen dments to UN Regulation 160. As stated in the footnote to the amendment of Annex 
II of the GSR, all technical requirements shall apply from the dates specified in the GSR, 
without prejudice to the international obligations of the EU, notably resulting from  paragraph 
11 of the 01 Series of Amendments to UN Regulation No 160.    
In addition to the requirements of the 01 Series of Amendments to UN Regulation 160, the 
Act lays down additional requirements concerning data retrieval, privacy and security of data.   
Where there is type -approval of an EDR as an STU, the Act lays down the same technical 
requirements as those in the 01 Series of Amendments to UN Regulation No 160 for data 
capture, establishment  of time zero (of an event), data overwriting, power failure and 
prohibition of deactivation. The other requirements in the 01 Series of Amendments to UN 
                                                 
1 E.g. Study on the benefits resulting from the installation of Event Data Recorders, Final Report, David 
Hynd and Mike McCarthy , 2014; 
https://ec.europa.eu/transport/sites/default/files/docs/study_edr_2014.pdf  ;  Vehicle Event Record ing 
based on Intelligent Crash  Assessment VERONICA – II, 200 9, 
https://ec.europa.eu/transport/road_safety/sites/default/files/pdf/projects_sources/veronica2_final_report
.pdf  EN 2  EN Regulation No 160, as well as the additional requirements in the Act, shall be complied with 
by the ve hicle type in which an EDR type -approved as an STU is fitted.EN 3  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2019/2144 of the European Parliament and of the 
Council by laying down detailed rules concerning the specific test  procedures and 
technical requirements for the type -approval of motor vehicles with regard to their 
event data recorder and for the type -approval of those systems as separate technical 
units and amending Annex II to that Regulation  
 
(Text with EEA relevanc e) 
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Regulation (EU) 2019/2144 of the European Parliament and of the Council 
of 27 November 2019 on type -approval requirements for motor vehicles and their trailers, and 
systems, components and separate technical units intended for such vehicles, as regards their 
general safety and the protection of vehicle occupants and vulnerable road users, amending 
Regulation (EU) 2018/858 of the European Parlia ment and of the Council and repealing 
Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European 
Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 
406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) N o 1005/2010, (EU) No 1008/2010, 
(EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 
65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and 
(EU) 2015/1662, and in particular Article 4(6) and Article 6(6) thereof,  
Whereas:  
(1) Regulation (EU) 2019/2144 lays down a general obligation for motor vehicles to be 
equipped with certain advanced vehicle systems. Annex II to that Regulation  should  
list requirements for the type -approval of motor vehicles with regar d to their event 
data recorder s and for the type -approval of those systems as separate technical units. It 
is necessary to supplement those require ments by establishing detailed harmonised  
rules on the specific test procedures and technical requirements fo r such type -
approval.  
(2) The technical requirements and test procedures set out in this Regulation concern  
motor vehicle categories M 1 and N 1, in accordance with the applicable dates for 
refusal to grant EU type -approval regarding those categories of motor ve hicles set out 
in Regulation (EU) 2019/2144 .  
(3) In accordance with Article 3, point (13) , of Regulation (EU) 2019/2144 , the event data 
recorder is a system with the only purpose of recording and storing critical crash -
related parameters and information short ly before, during and immediately after a 
collision  with a view to obtain more accurate, in -depth accident data  enabling Member 
                                                 
2 OJ L 325, 16 .12.2019, p. 1.  EN 4  EN States to conduct road safety analysis and assess the effectiveness of specific 
measures.   
(4) The test procedures and detailed tech nical requirements for type -approval of vehicle 
types with regard to event data recorders are subject to the provisions of the 01 Series 
of Amendments to UN Regulation  No 1603. That UN Regulation should therefore be 
added to the list of applicable requirements referred to in Articles 4(5) and 5(3) of 
Regulation (EU) 2019/2144 . 
(5) The 01 Series of Amendments to UN Regulation No 160 include s the requirements 
regarding  data elements that event data recorder s are to recor d, the format of th ose 
data, the requirements for data capture , recording  and on -board storing , as well as 
requirements on crash -test performance and survivability.  
(6) In order to  ensure  that vehicle manufacturers take appropriate measures to ensure the 
protection of the event data recorder’s  data against manipulation and the availability of 
the event data recorder’s  data ov er the standardised interface , and to enable those data 
to be anonymised,  those requirements  should be supplemented with additional 
requirements  for data retrieval, privacy and security of data.  
(7) To ensure that the data recorded by the event data recorders remain anonymised, the 
manufacturers should be obliged to take appropriate measures preventing that th ose 
data are reported or retrieved together with any information relate d to a natural person.  
(8) Until standardi sed communication protocols for access and retrieval of event data  are 
in place , through  Commission  delegated act  vehicle manufacturer s should provide 
information  to relevant parties  on how to access, retrieve and interpret the data in the 
event data recorder.  
(9) Event data recorder’s correct operational status, as well as their correct functionality 
and software integrity, should be verified by periodic roadworthines s tests of vehicles.  
(10) The table containing the list of requirements in Annex II to Regulation (EU) 
2019/2144 does not contain any reference to regulatory acts as regards event data 
recorders . It is therefore necessary to introduce a reference to this Regul ation , UN 
Regulation No 1604 and the 01 Series of Amendments to UN Regulation No 160 in 
that Annex.   
(11) Regulation (EU) 2019/2144 should therefore be amended accordingly.  
(12) The provisions of this Regulation are closely interlinked  as those provisions  set out  
rules on the technical requirements for the type -approval of motor vehicles with regard 
to their event data recorder , as well as for the type-approval of event data recorders  as 
a separate technical unit. As a result of the rules laid down in this Regulat ion, it is 
necessary to add the reference to this Regulation , UN Regulation No 160  and the 01 
Series of Amendments to UN Regulation No 160 in Annex II to Regulation (EU) 
2019/2144. It is therefore appropriate to lay down those provisions in a single 
Delega ted Regulation . 
(13)  As the requirements of Regulation (EU) 2019/2144 as regards event data recorders for 
vehicles of categories M1 and N1 are to apply from 6 July 2022, this Regulation 
should apply from the same date .  
                                                 
3 UN Regulation No 160 – Uniform provisions concerning the approval of motor vehicles with regard to 
the Event Data Recorder  [2021/1215] 01 series of amendments (OJ L 265, 26.7.2021, p. 3 ). 
4 UN Regulation No 160 – Uniform provisions concerning the approval of motor vehicles with regard to 
the Event Data Recorder  (OJ L 221, 21.6.2021, p. 15 ). EN 5  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Scope   
This Regulation shall apply to vehicle catego ries M 1 and N 1, as defined in Article 4 
of Regulation (EU) 2018/858  of the European Parliament and of the Council5. 
Article 2 
Applicable technical requirements   
1. The event data recorder  system of a vehicl e shall comply with the technical 
requirements set out in:  
(a) the 01 Series of Amendments to UN Regulation No 160; and 
(b) Article s 3 and 4 of this Regulation . 
2. Type -approval of an event data recorder ’s separate technical unit shall be subject to 
the separate technical unit complying with the same requirements as those set out in 
paragraphs 5.3 (introductory paragraph), 5.3.3, 5.3.4, 5.3.5 and 5.5 of the 01 Series 
of Amendments to UN Regulation No 160.  
3. Where the motor vehicle is fit ted with an event data recorder  type-approved as a 
separate technical unit , the vehicle and its event data recorder shall comply with the  
technical  requirements  referred to in paragraph 1  of this Article . However, as regards 
paragraph 5 of the 01 Series of Amendments to UN Regulation No 160 , they shall 
comply with the requirements set out in paragraphs 5.1 , 5.2, 5.3.1, 5.3.2, and 5.4  of 
that Regulation . 
 
Article 3 
Data security   
1. The crash -related  data that the event data recorder records  and stores  shall be 
protected against manipulation  by compl ying with the relevant technical 
requirements and transitional provisions of UN Regulation No 1556, the original 
series or any later series of amendments  thereof .  
2. Software updates performed on the event data recorder shall be protected to 
reasonably prevent them from being compromised and reasonably prevent invalid 
updates.   
Article 4 
Data retrieval  
                                                 
5 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the 
approval and market surveillance of motor vehicles  and their trailers, and of systems, components and 
separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) 
No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).  
6 UN Regulation No 155 – Uniform provisions concerning the approval of vehicles with regards to 
cybersecurity and cybersecurity management system [2021/387] (OJ L 82, 9.3.2021, p. 30 ). EN 6  EN 1. Crash-related  data recorded  by the event data recorder s shall be ma de available for 
retrieval through the serial data port on the standardised data link connector referred 
to in point  2.9 of Annex X to Regulation (EU) 2018/858 . Where  the serial data port 
is no longer functional after a collision , the data shall be retrievable by a direct 
connection to the event data recorder . 
2. The vehicle manufacturer shall provide the type -approval authority and, at their 
request, any interested manufacturer or repairer of components, diagnostic tools or 
test equip ment with information about how the event data can be acce ssed, retrieved 
and interpreted .  
3. Vehicle s and their event data recorder s shall be designed  in a way that enables a data 
retrieval tool  to produce event reports that contain the following data eleme nts: 
(a) each of the mandatory data elements, as required under the 01 Series of 
Amendments to UN Regulation No 160; 
(b) the precise vehicle type, variant and version (including the fitted active safety 
and accident avoidance systems) of the vehicle   hosting the e vent data recorder.  
The data referred to in the point (b) above, shall also be available at the completion 
of the crash test referred to in paragraph 5.4.3 of the 01 Series of Amendments to UN 
Regulation No 160.  
4. The data recorded by the event data recorder  shall not be available for retrieval over 
interfaces accessible without the need to unlock  the vehicle or to use  tools, or over 
vehicle interfaces for wireless connections.  
5. The event data recorder’s data made available  pursuant to paragraph 1 :  
(a) shall be available in a machine -readable format;  
(b) shall not include or be  made  available together with any information allowing 
to relate th ose data to a natural person . 
Article 5 
Provisions for roadworthiness testing  
For the purpose of periodic roadworthiness tests  of vehicles, it shall be possible to verify the 
following features of the event data recorder  system:  
(1) its correct operational status, by visible observation of the failure warning signal 
status following the activation of the vehicle master control switch  and any bulb 
check. Where the failure warning signal is displayed in a common space (the area on 
which two or more information functions/symbols may be displayed, but not 
simultaneously), it must be checked first that the common space is functional prior to 
the failure warning signal status check;  
(2) its correct functionality and the software integrity, by the use of an electronic vehicle 
interface, such as the one laid down in Section I, point (14), of Annex III to Directive 
2014/45/EU  of the European Parlia ment and of the Council7, where the technical 
characteristics of the vehicle allow for it and the necessary data is made available. 
Manufacturers shall ensure to make available the technical information for the use of 
                                                 
7 Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic 
roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC  (OJ L 127 
29.4.2014, p. 51 ). EN 7  EN the electronic vehicle interface in ac cordance with Article 6 of Commission 
Implementing Regulation (EU) 2019/6218.  
Article 6 
Amendment to Regulation (EU) 2019/2144  
 
Annex II to Regulation (EU) 2019/2144 is amended in accordance with the Annex to this 
Regulation.  
Article 7 
Entry into force  and date of application  
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union . 
It shall apply from 6 July 2022.  
This Regulation shall be binding in its entirety and dire ctly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
The President   
Ursula von der Leyen  
  
  
 
                                                 
8 Commission Implementing Regulation (EU) 2019/621 of 17 April 2019 on the technical information 
necessary for roadworthiness testing o f the items to be tested, on the use of the recommended test 
methods, and establishing detailed rules concerning the data format and the procedures for accessing the 
relevant technical information  (OJ L 108, 23.4.2019, p. 5 ).