# CE2004070EN.01010301.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/103 |
| --- | --- | --- | --- |

20.3.2004

EN

Official Journal of the European Union

CE 70/103

---

(2004/C 70 E/104)

WRITTEN QUESTION E-2467/03

by Catherine Stihler (PSE) to the Commission

(24 July 2003)

Subject:   Digital tachographs: Corrections to Annex 1B

Subject:

On 16 December 2002 there was a meeting held in Brussels between the Commission and manufacturers of tachograph equipment and cards. This meeting highlighted the fact that a number of errors had appeared in the text of Annex 1B between submission for publication by the Commission and publication in the Official Journal. These errors, though apparently small, were such that type approval was not possible without correction of the text. A tachograph CATP meeting was held on 26 June 2003 where these errors were reviewed and corrections were agreed. The Commission stated at the CATP meeting that the corrections would probably be published in the Official Journal in September 2003.

Whilst it is quite acceptable to carry out type-approval testing against requirements not yet published, it is normal legal practice only to issue type-approval certificates against an officially published text.

Will the Commission please confirm that this is the case here? In other words, please confirm that type-approval certificates may only be issued after publication of the text against which approval is sought?

If the Commission is unable to confirm this interpretation, will it please indicate the legal basis for its alternative interpretation?

Answer given by Mrs de Palacio on behalf of the Commission

(29 September 2003)

(29 September 2003)

On 26 June 2003 at a meeting of the CATP (Tachograph Committee) the Commission proposed a number of corrections to the text of Annex 1B (1). The Committee unanimously agreed to these corrections.

1

Copies of the agreed corrections were then sent to the members of the Committee, to industry and to other stakeholders, in order to prepare for type approval of the recording equipment and the tachograph cards.

Meanwhile, the Commission will prepare the adoption and publication of the corrections. Publication in the Official Journal is expected in October/November 2003.

It should be noted that between the delivery of first provisional interoperability certificates and the definitive interoperability certificates, a period of at least four months should intervene. Only if a manufacturer holds a definitive interoperability certificate (plus a security certificate and a functional certificate) can he apply for a type approval certificate. The first interoperability tests are expected to start soon now and as soon as they have been completed, the manufacturers can apply for the type approval certificate. Therefore, Member State authorities will be able to issue type approval certificates on the basis of the text of the Annex 1B, including the corrections, as officially published in the Official Journal of the European Union.

Official Journal of the European Union

---

(1)  Annex 1B to Commission Regulation (EC) No 1360/2002 of 13 June 2002 adapting for the seventh time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport, OJ L 207, 5.8.2002.

1

---