EN Official Journal of the European Union L 21/3

COMMISSION REGULATION (EC) No 68/2009

of 23 January 2009

adapting for the ninth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (1), and in particular Article 17(1) thereof,

Whereas:

(1) Annex 1 B to Regulation (EEC) No 3821/85 sets out the technical specifications for the construction, testing, installation and inspection of recording equipment in road transport.

(2) Paying particular attention to the overall security of the system and its application to vehicles in scope of Regulation (EEC) No 3821/85, certain technical specifications should be added to its Annex 1 B in order to make it possible to install recording equipment, which is in conformity with that Annex, in M1 and N1 type vehicles.

(3) The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 18 of Regulation (EEC) No 3821/85,

HAS ADOPTED THIS REGULATION:

Article 1

Annex 1 B to Regulation (EEC) No 3821/85 is amended as follows:

1. In chapter I, the following definition is inserted: ‘(rr) “adaptor” means: a part of the recording equipment, providing a signal permanently representative of vehicle speed and/or distance travelled, and which is: — installed and used only in M1 and N1 type vehicles (as defined in Annex II to Council Directive 70/156/EEC) put into service for the first time between 1 May 2006 and 31 December 2013, — installed where it is not mechanically possible to install any other type of existing motion sensor which is otherwise compliant with the provisions of this Annex and its Appendixes 1 to 11, — installed between the vehicle unit and where the speed/distance impulses are generated by integrated sensors or alternative interfaces. Seen from a vehicle unit, the adaptor behaviour is the same as if a motion sensor, compliant the provisions of this Annex and its Appendixes 1 to 11, was connected to the vehicle unit. Use of such an adaptor in those vehicles described above shall allow for the installation and correct use of a vehicle unit compliant with all the requirements of this Annex. For those vehicles, the recording equipment includes cables, an adaptor, and a vehicle unit.’

2. In chapter V, section 2, requirement 250 shall be replaced by the following: ‘250. The plaque shall bear at least the following details: — name, address or trade name of the approved fitter or workshop, — characteristic coefficient of the vehicle, in the form “w = … imp/km”, — constant of the recording equipment, in the form “k = … imp/km”, — effective circumference of the wheel tyres in the form “l = … mm”, — tyre size, — the date on which the characteristic coefficient of the vehicle was determined and the effective circumference of the wheel tyres measured, — the vehicle identification number, — the part of the vehicle where the adaptor, if any, is installed, — the part of the vehicle where the motion sensor is installed, if not connected to the gear-box or an adaptor is not being used, — a description of the colour of the cable between the adaptor and that part of the vehicle providing its incoming impulses, — the serial number of the embedded motion sensor of the adaptor.’

3. In chapter V, section 2, the following requirement shall be added: ‘— 250a. — Installation plaques for vehicles equipped with adaptors, or for vehicles where the motion sensor is not connected to the gear-box shall be fitted at the time of installation. For all other vehicles, installation plaques bearing the new information shall be fitted at the time of inspection following the installation.’

4. After Appendix 11, an Appendix 12 as set out in the Annex to this Regulation is added.

Article 2

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 6 months after the date of publication.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 January 2009. For the Commission Antonio TAJANI Vice-President

(1) OJ L 370, 31.12.1985, p. 8.