EN Official Journal of the European Union CE 78/197

(2004/C 78 E/0203)

WRITTEN QUESTION P-2964/03

by Brigitte Langenhagen (PPE-DE) to the Commission

(2 October 2003)

Subject: Digital recording equipment

Article 2(3) of Regulation (EC) No 2135/98 (1) stipulates that the Commission shall submit a proposal to the Council and (in accordance with Article 251 of the EC Treaty) Parliament for an extension of the deadlines for issuing driver cards (deadline 5 May 2004) and fitting digital recording equipment (deadline 5 August 2004) if type-approval has not been granted by 5 August 2003. To date no type-approval has been issued, and in accordance with Chapter VIII of Annex 1 B to Regulation (EEC) No 3821/85 (2) type-approval cannot be expected before the first quarter of 2004 at the earliest. Nevertheless, the Commission has not yet submitted any proposal for a codecision procedure to set new deadlines.

If the Commission does not initiate the codecision procedure and the deadlines of 5 May 2004 for issuing cards and 5 August 2004 for fitting equipment continue to apply, there is a serious danger that the car industry and possibly some Member States will not have sufficient time to ensure the smooth introduction of this major new system.

Given that, for legal reasons, type-approval cannot be granted before the end of 2003, can the Commission say what legal and practical steps it will take to guarantee the trouble-free introduction of digital recording equipment simultaneously in all the Member States?

Has the Commission carried out a risk analysis of both alternatives when considering whether or not to initiate a codecision procedure, and what was the outcome?

Does the Commission see the danger that, if the industry and authorities are set unclear or unrealistic deadlines, the introduction of digital recording equipment is likely to be delayed for longer than it would be if the codecision procedure was initiated?

As a matter of principle, how does the Commission view Parliament's rights under Article 2(3) of Regulation (EC) No 2135/98?

Answer given by Mrs de Palacio on behalf of the Commission

(18 November 2003)

Recently, the Commission was provided by the tachograph manufacturers with new information concerning the state of the type approvals for the digital recording equipment. The Commission regrets the fact that contrary to former statements issued by the industry in the beginning of this year, according to which type approval could be expected before the end of this year, it is now stated that type approval in the best case should be expected to be granted by April 2004. Up to now, in letters to Members of the Parliament, Member States and other stakeholders based on statements provided previously by the industry, the Commission has said that it would assess the situation, when the first type approvals were expected to be granted. Now that it has become clear that there will be no type approval by the end of 2003, the Commission will have to re-assess the situation. The decision not to extend the implementation deadlines, taken by the Commission earlier this year, was based on an analysis of the options available, after the tachograph manufacturers had informed the Commission that the type approval of their equipment would be delayed by a few months. On the basis of this assessment the Commission decided not to submit a proposal for extension of the implementation deadlines. Such an extension was not justified as it would have led to considerable delay in the overall introduction of the digital tachograph and to an unacceptable situation from a road safety point of view.

The Commission is well aware both of the need to set clear and realistic implementation deadlines as well as of the prerogatives of the Community legislator under Article 2(3) of Regulation No 2135/98 (3). The Commission will reconsider the situation once it is clear when the first type approvals will be granted. The Commission expects industry to accelerate their work.

(1) OJ L 274, 9.10.1998, p. 1.

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

(3) OJ L 274, 9.10.1998.