WRITTEN QUESTION P-3991/98

by Georg Jarzembowski (PPE) to the Commission

(21 December 1998)

Subject: Recognition of fully digital EU recording equipment in the AETR countries

Following the amendment of Regulations (EEC) 3820/85(1) and 3821/85(2) by Regulation (EC) 2135/98(3), certain vehicles used to transport goods and passengers which are put into service for the first time must be fitted with fully digital recording equipment. However, pursuant to Article 2(1)(a) of Regulation (EC) 2135/98, this requirement will take effect only after the adoption of a specific legal act laying down a 24-month transitional period.

The introduction of the new, fully digital recording equipment is giving rise to uncertainty among road haulage companies as to whether the new equipment will also be recognised by the AETR countries, or whether lorries or coaches entering an AETR state will still be required to carry on board and use the old recording equipment.

In the light of the above:

1. Is there a timetable for the adoption of the legal act called for in Article 2(1)(a) of Regulation (EC) 2135/98, adoption which would mark the start of the 24-month transitional period in respect of the requirement that new lorries and coaches must be fitted with fully digital recording equipment?

2. Does the AETR Agreement stipulate that vehicles fitted with the new recording equipment must carry the old equipment on board when they enter an AETR country, or have legal rules been laid down providing for the recognition of the new, fully digital recording equipment by the AETR countries?

3. Does the Commission plan to conclude a special agreement with the AETR countries on recognition of the new recording equipment?

Answer given by Mr Kinnock on behalf of the Commission

(10 February 1999)

1. The legal act (Commission regulation) called for in Article 2(1)(a) of Council Regulation (EC) 2135/98 of 24 September 1998 amending Regulation (EEC) 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the application of Regulations (EEC) 3820/84 and (EEC) 3821/85(4) is planned to be published in the Official journal by the summer of 1999.

2. The existing European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR Agreement) provides in its Article 10.1.a) that recording equipment conforming to Council Regulation (EEC) 3821/85 of 20 December 1985(5) meets the requirements of the said Article as regards type approval, installation, use and inspection. Therefore, the new digital equipment conforming to Annex IB of Council Regulation (EEC) 3821/85 (as amended by Council Regulation (EC) 2135/98) also fulfils the requirement of Article 10 of the AETR Agreement. As a result, vehicles fitted with the new digital recording equipment will not need to be equipped with the old-type tachograph as well.

3. Considering the above, there is no need to conclude special agreements on the recognition of the new recording equipment. The Commission will inform European economic area (EEA) - AETR countries on the characteristics of the new equipment to familiarize their enforcing authorities with its use.

The Commission, together with the Member States, has already taken steps to amend the AETR Agreement with a view to setting a date for the compulsory introduction of the new digital recording equipment in the AETR countries which are not in the EEA.

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

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

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

(4) OJ L 274, 9.10.1998.

(5) OJ L 370, 31.12.1985.