(11)

Article 12 is replaced by the following: ‘Article 12 1. The Member States shall establish a system for pre-selecting, and targeting and carrying out checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements of this Directive. [Am. 46] Member States shall ensure that the information concerning the number and severity of any infringements of this Directive that an individual undertaking has committed is introduced into the risk rating system established under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council (*4) . [Am. 47] When identifying vehicles to be subject to checks, Members States may select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Directive 2006/22/EC. Vehicles may also be selected randomly for checks. [Am. 48] 2. After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is to increase the efficiency of the checks and identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre-selection purposes, and not to define an offence, they do not have to be certified by the Member States. The onboard systems may be integrated with digital tachographs installed in vehicles in line with Regulation (EU) No 165/2014 of the European Parliament and of the Council (*5) . [Am. 49] 3. Member States shall take a number of preselection measures equivalent to at least one weighing per 2 000 vehicle kilometres per year on average. 4. Member States shall ensure that the competent authorities exchange the information necessary to make these checks more effective at EU level, and to facilitate their conduct, notably through the national contact point responsible for the exchange of information with the other Member States. This necessary information shall include in particular the identification of offenders, the description of the offences committed and penalties imposed, and the reputation of the company concerned. The contact point is designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council (*6). 5. Vehicles suspected of being overweight following the pre-selection procedure conducted pursuant to paragraph 2 shall be subject to at least one of the following measures: (i) roadside inspection with approved measurement equipment after interception of the vehicle, (ii) sending the transport company notification of the suspected overloading of the vehicle, (iii) inspection of the transport company on its premises, particularly in the case of repeated infringements after the sending of the notification referred to in (ii). 6. In accordance with paragraph 1, Member States shall encourage the equipment of new N2 and N3 vehicles and vehicle combinations shall be fitted with onboard weighing devices systems (total weight and axle load) to that enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods from [five years from the entry into force of this Directive] . This communication shall be through the interface defined by the CEN DSRC (*7) standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906. The information shall also be accessible for the driver. [Am. 50] 7. The Commission shall be empowered to adopt delegated acts, in accordance with Article 16, concerning: — the additional technical specifications to ensure full interoperability at Union level of the on-board weighing equipment mentioned in paragraph 6 above, so that the authorities of all Member States can communicate in the same way with vehicles or vehicle combinations registered in any Member State and, where appropriate, exchange information received with the authorities of other Member States. — the procedures for the pre-selection checks referred to in paragraph 2 of this Article, the technical specifications, precision requirements and instructions for use of the equipment used for these preselection checks. These procedures, specifications and instructions for use are intended to ensure that the checks are performed in the same way in all Member States, thereby ensuring equal treatment for all transporters throughout the territory of the Union. — the common procedures and specifications to achieve a sufficient level of reliability that allows the onboard systems to be used for the enforcement of the provisions of this Directive, in particular of Article 13. [Am. 51] 7a. The Commission shall assess whether the onboard systems, when interconnected to the digital tachograph, can be useful to enforce other road transport legislation. The Commission shall, if appropriate, come forward with legislative proposals. [Am. 52] (*4) Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35). " (*5) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1). " (*6) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51)." (*7) DSRC: Dedicated Short-Range Communications.’"