A4-0116/98

Decision on the common position adopted by the Council with a view to adopting a Council Regulation amending Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC on standard procedures for the implementation of Regulations (EEC) Nos 3820/85 and 3821/85 (C4-0009/98 - 94/0187(SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0009/98 - 94/0187(SYN),

- having regard to its opinion at first reading ((OJ C 249, 25.9.1995, p. 128.)) on the Commission proposal to the Council, COM(94)0323 ((OJ C 243, 31.8.1994, p. 8.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Transport and Tourism (A4-0116/98),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 3)

Recital 7a (new)

>Original text>

>Text following EP vote>

(7a) Whereas no new distortions of competition must occur in connection with transport with third countries, and whereas the Council and Commission should therefore ensure that agreement is reached without delay with the other AETR States on the adoption of identical arrangements;

(Amendment 5)

ARTICLE 1(2)

Articles 4-9, 11 and 15(1) and (2), 1st subparagraph (Regulation (EEC) 3821/85)

>Original text>

2) Articles 4, 6, 7, 8, 9 and 11 and 15(1) and (2) first subparagraph shall be amended by adding the words 'or driver card' where reference is made to 'record sheet' or 'record sheets'.

>Text following EP vote>

2)

Articles 4, 5, 6, 7, 8 and 11 shall be amended by adding the words 'or memory card' where reference is made to 'record sheet' or 'record sheets'.

>Original text>

>Text following EP vote>

Article 15(1) and (2) first subparagraph shall be amended by adding the words 'or driver card' where reference is made to 'record sheet' or 'record sheets'.

(Amendment 6)

ARTICLE 1(2a) (new)

Article 4, paragraph -1 (new) (Regulation (EEC) 3821/85)

>Original text>

>Text following EP vote>

(a) in Article 4, the following new paragraph shall be inserted before the first paragraph:

'For the purposes of this chapter the words 'recording equipment' shall mean 'recording equipment or its components.¨

(Amendment 7)

ARTICLE 1(4)(-a) (new)

Article 12(1) (Regulation (EEC) 3821/85)

>Original text>

>Text following EP vote>

(-a) The following shall be added to paragraph 1:

'The period of administrative validity of approved workshop and fitter cards shall not exceed one year.

>Original text>

>Text following EP vote>

If a card issued to an approved workshop or fitter is to be extended, is damaged, malfunctions, is lost or is stolen, the authority shall supply a replacement card within five working days of receiving a detailed request to that effect.

>Original text>

>Text following EP vote>

Where a new card is issued to replace an old one, the new card shall bear the same 'workshop' information number, but the index shall be increased by one. The authority issuing the card shall maintain a register of lost, stolen or defective cards.

>Original text>

>Text following EP vote>

The Member States shall take any measure necessary to prevent the cards distributed to approved fitters and workshops from being falsified.¨

(Amendment 8)

ARTICLE 1(4)(a)

Article 12(2) (Regulation (EEC) 3821/85)

>Original text>

'2. The approved fitter or workshop shall place a special mark on the seals which it affixes and, in addition, shall enter the electronic security data for carrying out the authentication checks for recording equipment in conformity with Annex IB. The competent authorities of each Member State shall maintain a register of the marks and electronic security data used.'

>Text following EP vote>

'2.

The approved fitter or workshop shall place a special mark on the seals which it affixes and, in addition, shall enter, for recording equipment in conformity with Annex IB, the electronic security data for carrying out, in particular, the authentication checks. The competent authorities of each Member State shall maintain a register of the marks and electronic security data used and of approved workshop and fitter cards issued.'

(Amendment 9)

ARTICLE 1(4)(b)

Article 12(3) (Regulation (EEC) 3821/85)

>Original text>

(b) In paragraph 3 the words 'and electronic security data' shall be added after the word 'marks'.

>Text following EP vote>

(b)

Paragraph 3 shall be replaced by the following:

"3. The competent authorities of the Member States shall inform each other of the lists of approved fitters and workshops and the cards issued to them and shall forward to each other copies of the marks and of the necessary elements relating to the electronic security data used.¨

(Amendment 10)

ARTICLE 1(4)(ca) (new)

Article 12(5) (Regulation (EEC) 3821/85)

>Original text>

>Text following EP vote>

(ca) In paragraph 5 the words 'or in Annex IB, section VI(c)' shall be inserted after the words 'paragraph 4'.

(Amendment 11)

ARTICLE 1(6)(b)

Article 14(3)(ca) (new) (Regulation (EEC) 3821/85)

>Original text>

>Text following EP vote>

(ca) The competent authorities of the issuing Member State shall ensure that the applicant does not already hold a valid driver card.

(Amendment 12)

ARTICLE 1(6)(b)

Article 14(4)(a), paragraphs 1-4 (Regulation (EEC) 3821/85)

>Original text>

(a) The competent authority of the Member State shall personalize the driver card in accordance with the provisions of Annex IB.

>Text following EP vote>

(a)

The competent authority of the Member State shall personalize the driver card.

>Original text>

For administrative purposes, the driver card may not be valid for more than five years.

>Text following EP vote>

For administrative purposes, the driver card may not be valid for more than five years.

>Original text>

The driver may hold one driver card only. The driver is authorized to use only his own personalized driver card. The driver shall not use a driver card which is defective or which has expired

>Text following EP vote>

The driver may hold one valid driver card only. The driver is authorized to use only his own personalized driver card. The driver shall not use a driver card which is defective or which has expired.

>Original text>

When a new driver card is issued replacing the old, the new card shall bear the same driver card issue number but the index shall be increased by one. The issuing authority shall keep records of lost or defective driver cards.

>Text following EP vote>

When a new driver card is issued replacing the old, the new card shall bear the same driver card issue number but the index shall be increased by one. The issuing authority shall keep records of issued, stolen, lost or defective driver cards for a period at least equivalent to their period of administrative validity.

(Amendment 14)

ARTICLE 1(6)(b)

Article 14(5) (Regulation (EEC) 3821/85)

>Original text>

5. Member States shall ensure that data needed to monitor compliance with Regulation (EEC) No 3820/85 and Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community which are recorded by recording equipment in conformity with Annex IB to this Regulation are stored for at least 365 days after the date of their recording and that they can be made available under conditions that guarantee the security and accuracy of the data.

>Text following EP vote>

5.

Member States shall ensure that data needed to monitor compliance with Regulation (EEC) No 3820/85 and Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community which are recorded and stored by recording equipment in conformity with Annex IB to this Regulation can be made available for at least 365 days after the date of their recording under conditions that guarantee the security and accuracy of the data.

>Original text>

>Text following EP vote>

The Member States shall take any measures necessary to ensure that the resale or decommissioning of recording equipment cannot detract, in particular, from the satisfactory application of this paragraph.

(Amendment 15)

ARTICLE 1(7)(b)

Article 15(4) (Regulation (EEC) 3821/95)

>Original text>

(b) Paragraph 4 shall be replaced by the following:

>Text following EP vote>

Deleted

>Original text>

'4. Each Member State may permit all the periods referred to in paragraph 3, second indent (b) and (c) to be recorded under the sign Æ for vehicles registered in its territory.'

>Text following EP vote>

(Amendment 16)

ARTICLE 1(7)(e)

Article 15(7), 1st subparagraph, 3rd indent (Regulation (EEC) 3821/85)

>Original text>

- print-outs from the recording equipment defined in Annex IB if he drove a vehicle fitted with such recording equipment during the period referred to in the first indent.

>Text following EP vote>

-

print-outs from the recording equipment defined in Annex IB relating to the periods of time indicated in paragraph 3, second indent (a), (b), (c) and (d) if he drove a vehicle fitted with such recording equipment during the period referred to in the first indent.

(Amendment 17)

ARTICLE 1(8)(a)

Article 16(2), 1st subparagraph (Regulation (EEC) 3821/85)

>Original text>

2. While the recording equipment is unserviceable or malfunctioning, drivers shall mark on the record sheet or sheets, or on a temporary sheet to be attached to the record sheet or to the driver card, all information for the various periods of time which are no longer recorded or printed out correctly by the recording equipment.

>Text following EP vote>

2.

While the recording equipment is unserviceable or malfunctioning, drivers shall mark on the record sheet or sheets, or on a temporary sheet to be attached to the record sheet or to the driver card, on which he shall enter data enabling him to be identified (driver's card number and/or name and/or driving licence number), including his signature, all information for the various periods of time which are no longer recorded or printed out correctly by the recording equipment.