COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 02.07.1998 
COM(1998) 355 final 
94/0187 (SYN) 
Re-examined proposal for a 
COUNCIL REGULATION (EC) 
amending Council Regulation (EEC) No 3821/85 on 
recording equipment in road transport 
and Directive 88/599/EEC on 
the implementation of Regulations (EEC) Nos 3820/85 and 3821/85 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 31 March 1998 the European Parliament amended the common position on the 
abovementioned proposal adopted by the Council on 11 December 1997. These 
amendments are annexed hereto. 
Pursuant to Article 189 c (d) of the EC Treaty, the Commission has reexamined its 
proposal and has incorporated the following amendments: 
- amendment 2 which covers not only driver cards but also the entire range of smart 
cards provided for in Annex IB; 
- amendment 3 which permits either the general or separate type-approval of the 
recording equipment components ; 
- amendments 4, 5, 6, 7, 8, 9, 10 and 13 which clarify or reinforce certain provisions of 
the common position designed, in particular, to ensure the operating safety of the new 
recording equipment; 
- amendment 11 which, in respect of the recording equipment in conformity with Annex 
IB, requires the separate recording of working time and standby time; 
- amendment 12 which defines the type of print-outs which the driver must be in a 
position to produce in the case in point. 
On the other hand, the Commission does not intend to adopt amendment 1 seeking to 
introduce a new recital calling on the Council and Commission to ensure that agreement 
is reached without delay with the other AETR States on the adoption of identical 
arrangements. In point of fact, this recital does not introduce any regulatory provision 
into the body of law set out in the proposal for a Regulation. Moreover, the substance of 
this amendment has been transcribed into a joint Commission and Council declaration to 
be entered in the minutes of the Council meeting at which the Regulation is eventually 
adopted. 
Consequently, the text of the Commission's reexamined proposal now reads as follows: : 
^ 
Reexamined proposal for a 
Council Regulation (EC) No .../98 
amending Council Regulation (EEC) No 3821/85 on 
recording equipment in road transport 
and Directive 88/599/EEC on 
the implementation of Regulations (EEC) Nos 3820/85 and 3821/85 
Text initially proposed by the Commission I Reexamined proposal 
(Amendment 1) 
ARTICLE 1(2) 
Articles 4 to 9, 11 and 15(1) and (2), first subparagraph (Regulation (EEC) No 3821/85) 
2) Articles 4, 6, 7, 8, 9 and 11 and 15(1) I 2) Articles 4, 5, 6, 7, 8 and 11 shall be 
and (2), first subparagraph shall be amended by adding the words 'or memory 
amended by adding the words 'or driver card' where reference is made to 'record 
card' where reference is made to 'record sheets'. 
sheets'. 
Article 15(1) and (2), first subparagraph 
shall be amended by adding the words 'or 
driver card' where reference is made to 
'record sheets'. 
(Amendment 2) 
ARTICLE 1(2 BIS) (new) 
Article 4 (to be inserted before the first subparagraph), new subparagraph (Regulation 
(EEC) No 3821/85) 
2 bis) In Article 4, the following new 
subparagraph shall be inserted before the 
first subparagraph: 
For the purposes of this Chapter, the words 
'recording equipment' shall mean 
"recording equipment or components 
thereof. 
(Amendment 3) 
ARTICLE 1(4)-a) (new) 
Article 12(1) (Regulation (EEC) No 3821/85) 
- a) The following subparagraphs shall be 
added to paragraph 1: 
I 
3 
The period of administrative validity of 
approved workshop and fitter cards shall 
not exceed one year. 
If a card issued to an approved workshop 
or fitter is to be extended, malfunctions, or 
is lost or stolen, the authority shall supply a 
replacement card within live working days 
of receiving a detailed request to that 
effect. 
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. 
The Member States shall taken any 
measure necessary to prevent the cards 
distributed to approved fitters and 
workshops from being falsified.' 
(Amendment 4) 
ARTICLE 1(4) a) 
Article 12(2) (Regulation (EEC) No 3821/85) 
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. 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 5) 
ARTICLE 1(4) b) 
Article 12(3) (Regulation (EEC) No 3821/85) 
b) In paragraph 3 the words 'and 
electronic security data' shall be added after 
the word 'marks'. b) Paragraph 3 is hereby amended as 
follows: 
^ 
'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 6) 
ARTICLE 1(4) c bis) (new) 
Article 12(5) (Regulation (EEC) No 3821/85) 
c bis) In paragraph 5 the words 'or in 
Annex IB, section VI(c)' shall be inserted 
after the words 'paragraph 4'. 
(Amendment 7) 
ARTICLE 1(6) b) 
Article 14(3) c bis) (new) (Regulation (I iC) No 3821/85) 
c bis) The competent authorities of the 
issuing Member State shall ensure that the 
applicant does not already hold a valid 
driver card. 
(Amendment 8) 
ARTICLE 1(6) b) 
Article 14(4) a), first four subparagraphs (Regulation (EEC) No 3821/85) 
4. a) The competent authority of the 
Member State shall personalise the driver 
card in accordance with the provisions of 
Annex IB. 
For administrative purposes, the driver card 
may not be valid for more than five years. 
The driver may hold one driver card only. 
The driver is authorised to use only his 
own personalised driver card. The driver 
shall not use a driver card which is 
defective or which has expired. 
When a new driver card is issued replacing 
the old one, the new card shall bear the 
same driver card issue number but the 
index shall be increased by one. The 4. a) The competent authority of the 
Member State shall personalise the driver 
card. 
For administrative purposes, the driver card 
may not be valid for more than five years. 
The driver may hold one valid driver card 
only. The driver is authorised to use only 
his own personalised driver card. The 
driver shall not use a driver card which is 
defective or which has expired. 
When a new driver card is issued replacing 
the old one, the new card shall bear the 
same driver card issue number but the 
index shall be increased by one. The 
J 
issuing authority shall keep records of lost 
or defective driver cards. 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 9) 
ARTICLE 1(6) b) 
Article 14(5) (Regulation (EEC) No 3821/85) 
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. 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 are stored and 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. 
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 10) 
ARTICLE 1(7) b) 
Article 15(4) (Regulation (EEC) No 3821/85) 
b) Paragraph 4 shall be replaced by the 
following: 
(deleted) 
L4. Each Member State may permit all the 
periods referred to in paragraph 3, second 
indent (b) and (c) to be recorded under the 
sign for vehicles registered in its territory.' Deleted 
C 
(Amendment 11) 
ARTICLE 1(7) e) 
Article 15(7), first subparagraph, third indent (Regulation (EEC) No 3821/85) 
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. 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 12) 
ARTICLE 1(8) a) 
Article 16(2), first subparagraph (Regulation (EEC) No 3821/85) 
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. 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. 
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ISSN 0254-1475 
COM(98) 355 final 
DOCUMENTS 
EN 07 02 01 
Catalogue number : CB-CO-98-370-EN-C 
ISBN 92-78-37016-9 
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