Amended proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) 3821/85 and Council Directive 88/599/EEC on recording equipment in road transport (Tachograph)
Date: 1995-11-21
Institutions: European Commission
Subjects: electronic component, electronic device, information storage, rest period, road transport, working time

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.11.1995 
COM(95) 550  final 

94/0187 (SYN) 

Amended proposal for a 

COUNCIL REGULATION (EC) 

amending  Council Regulation  (EEC) 3821/85 

and Council Directive 88/599/EEC 

on recording equipment  in road transport  (Tachograph) 

(presented by the Commission pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 

Background 

On 22.7.1994,  the Commission  sent to the Council a proposal  for  a Council 
Regulation  (EC) amending  Council Regulation  (EEC)  3821/85 and Council 
Directive  88/599/EEC  on recording  equipment in road  transport  (Tachograph) 
(doc.  COM(94)323 final - 94/0187(SYN)1. 

The purpose of this proposal  is to provide for  the mandatory  fitment  of an 
additional element to the current  tachograph  system.  The current  equipment 
records  data onto a cardboard  disk,  the tachograph  chart,  by means of a stylus. 
The additional element would use electronic technology  to upgrade the existing 
equipment into an integrated  on-board  automatic data processing  system,  which 
would operate in conjunction  with a drivers  'Smart  Card'. 

The proposal  also allows for  the tachograph  chart to be replaced by digital 
technology providing  that it delivers comparable accuracy  and  security. 

The technical  specification  of the new equipment is laid down in Annex IA of the 
proposal. 

On 22.2.19952,  the Economic and Social Committee adopted  its opinion. 
On  13.7.19953,  the European  Parliament  approved  the proposal  at its first reading. 

The opinions of both the European  Parliament  and the Economic and Social 
Committee were generally  supportive of the aims the proposal.  The European 
Parliament,  wishing  to define as far  as possible the new technology,  also proposed 
an additional annex,  Annex IB, which lays down as far  as possible  the technical 
specification  of recording  equipment in which the tachograph  chart is replaced by 
an electronic  memory. 

1  OJ  n*  C  243, 31.8.1994,  p.  8. 

2 

3 

OJ  n-  C 

OJ  n*  C 

The Commission  accepts 20 of the 32 requests. 

However,  the Commission  could not accept the other amendments proposed  for 
the following  reasons  : 

Amendment to recital  2a (new) because the Commission  does have the competence 
referred  to. 

Amendment to recital 5a (new) because it is self  evident and therefore  need not be 
stated. 

Amendment  to recital  7 which is not relevant. 

Amendment  to recital  7a (new) as roadside checks are a valuable enforcement  tool 
both within  member  states and on international journeys. 

Amendment  to recital  9 because it would not be reasonable  to set a deadline  for 
abolishing  the existing  system  when alternative technology  is not yet past the 
development stage. 

Amendments to recital  13 and article  1(8) [Article  18 (Regulation  3821/85)] as we 
believe the current  IIIA Committee is appropriate. 

Amendments  to recital  15 and article 2(1) because to require  retrofitting  of 
vehicles  from  1985 would place additional costs on industry  and  therefore 
seriously  compromise compliance. 

Amendments  to article  1(3) [Articles 4 to 8,  11 and  15 (Regulation  3821/85)] and 
article  1(4) [Article  14(5a) (new) (Regulation  3821/85)] as they imply that the 
drivers  card  is not an essential  element in all new systems. 

Amendment to article 5a (new) as this implies that the Commission's  proposal 
does not contain  electronic elements. 

B. 

The Commission  therefore  modifies  its proposal  as follows  : 

Amendments  1 to 5 are textual changes and additions which clarify  the intentions 
of the proposal. 

Amendments  6 to  13,  15 to  18 and 20 which are relevant  to the creation  of Annex 
IB defining  the new digital technology. 

Amendment  14 which improves  the security  of data. 

Amendment  19 which removes  the requirement  for  an external  warning  signal. 

-3 

Amended  proposal  for a 

COUNCIL REGULATION (EC) 

amending  Council Regulation  (EEC) 3821/85 

and Council Directive  88/599/EEC 

on recording equipment  in road transport  (Tachograph) 

The proposal  from  the Commission  forming  the  subject  of  document  COM(94)323  final-
94/0187  (SYN)1 is hereby amended  as follows  : 

Initial  text proposed  by the Commission 

Amended text 

Amendment 1 

Recital 2 

Whereas  economic pressures  on transport 

Whereas,  due to the economic pressures 

undertakings  and therefore  on the 

and competition  in road  transport  which 

individual  driver  works against respecting 

affect  individual drivers  employed  in that 

the necessary  social hours and speed 

sector,  it is difficult  to ensure respect  for 

restrictions  and that current  enforcement 

driving  and rest  times and  speed limits: 

does not provide a sufficient  incentive to 

counter  gross  infringement: 

OJ  N"  C 2 4 3,  31.8.1994,  p.  8. 

-4  -

Initial text proposed  by the Commission 

Amended text 

Amendment 2 

Recital 3 

Whereas  this gross  infringement  is 

Whereas gross  infringements  present a 

unacceptable to the individual driver, 

road  safety  hazard  and are unacceptable 

adversely  affects  equitable competition 

for  reasons  of competition  for  the 

and presents  a road  safety  hazard; 

individual driver  who does respect  the 

rules: 

Initial text proposed  by the Commission 

Amended text 

Amendment 3 

Recital 4 

Whereas  road  safety  would be enhanced 

Whereas  road  safety  would be enhanced 

by the encouragement  of  sensible driving 

by the automatic recording  and regular 

through  the automatic recording  of other 

monitoring,  both within  the undertaking 

details of a vehicle's journey,  such as 

and by external  authorities,  of details of 

speed  and distance covered; 

the  driver's  performance  and behaviour 

and of the vehicle's journey,  such as 

speed  and distance covered; 

Initial text proposed  by the Commission 

Amended text 

Amendment 4 

Recital 4a (new) 

Whereas  the recording  of a large number 

of details  such as the time and place of 

operation  for  drivers  and vehicles,  the 

distance travelled,  speed and  fuel 

consumption  can encourage  sensible 

driving  and rational  management: 

-6 

Initial  text proposed  by  the  Commission 

Amended  text 

Amendment  5 

Recital  5 

Whereas  it is  essential  that  any  future 

Whereas  it  is  essential  that  any  future 

system  maintains  the benefits  with  at  least 

system  should  be  more  accurate,  more 

the  same  degree  of  accuracy,  reliability 

reliable  and  less  susceptible  to  fraud  than 

and  acceptability  of  the current  system 

the current  system,  that  all  required  data 

which  over  the past  four  decades  has 

can  be  recorded  and  stored,  and  that  low-

improved  compliance  with  national  and 

cost  expansion  of  its  functions  for  fleet 

Community  law: 

management  should  be  possible: 

Initial  text  proposed  by  the  Commission 

Amended  text 

Amendment  6 

Recital  8 

Whereas  the  introduction  of  the  driver 

Whereas  the introduction  of  new 

card  should  put  an  end  to  many  of  the 

advanced  equipment  may  put  an  end  to 

most  common  abuses  of  the  present 

abuses  of  the present  system  ensuring  that 

system  ensuring  that  data  recorded  is 

data  recorded  are  readily  available  in  the 

readily  available  by  visual  display,  is 

undertaking  and  in  the vehicle,  are 

unambiguous,  easily  intelligible,  reliable 

unambiguous,  easily  intelligible,  reliable 

and,  above  all,  provides  an  indisputable 

and,  above  all,  provide  an  indisputable 

record  of  the  driver's  actions  for  the  last 

record  of  the driver's  actions  for  the  last 

twenty  eight  days  of  driving; 

twenty  eight  days  of  driving; 

-7 

Initial  text proposed  by  the  Commission 

Amended  text 

Amendment  7 

Recital  11 

Whereas  this  Regulation,  as  far  as  it 

Whereas  this  Regulation,  as  far  as  it 

concerns  the  specification  of  the  driver 

concerns  the  specification  of  the  driver 

card,  applies  the  "new  approach"  to 

card  and/or  other  electronic  apparatus, 

technical  harmonised  standards  by 

applies  the  "new  approach"  to  technical 

establishing  a general  framework  for  the 

harmonised  standards  by  establishing  a 

equipment  specification,  leaving  detailed 

general  framework  for  the  equipment 

requirements  to  industrial  standardisation 

specification,  leaving  detailed 

procedures; 

requirements  to industrial  standardisation 

procedures; 

Initial  text  proposed  by  the  Commission 

Amended  text 

Amendment  8 

Recital  12 

Whereas  it  is  appropriate  to provide  for  a 

Whereas  it  is  at  the  same  time 

simplified  procedure  for  the adaptation  of 

appropriate  to provide  in  this  Regulation 

the technical  aspects  of  this  Regulation 

for  the  technical  aspects  of  the  installation 

and  the provision  of  alternative  systems 

of  alternative  systems,  which  at  least 

which  fulfil  the  same  essential  functions; 

fulfil  the  same  essential  functions; 

Initial  text proposed  by  the  Commission 

Amended  text 

Amendment  9 

Recital  14 

Whereas  the approval  of  an  alternative 

Whereas  the approval  of  an  alternative 

system  will  be dependent  upon  the degree 

system  will be  dependent  upon  the  degree 

to which  that  system  at  least  fulfils  the 

to  which  that  system  at  least  fulfils  the 

function  of  the  system  described  in  Annex 

function  of  the  system  described  in 

1A  ; 

Annex  1A or  IB  ; 

Initial  text  proposed  by  the  Commission 

Amended  text 

Amendment  10 

Article  1 (2) 

Article  1 (Regulation  3821/85) 

2. 

Article  1 is  amended  by  adding 

2. 

Article  1 is  amended  by  adding 

"or  1A"  after  "Annexes  I". 

"or  1A or  IB"  after  "Annexes  I". 

Initial  text  proposed  by  the  Commission 

Amended  text 

Amendment  11 

Article  1 (4),  introductory  phrase 

Article  14 (Regulation  3821/85) 

4. 

Third,  fourth  and  fifth  paragraphs 

4. 

Third,  fourth  paragraphs  and 

are  added  to  Article  14 as  follows: 

paragraphs  5a  and  5b  are  added  to 

Article  14 as  follows: 

-9 

Initial  text proposed  by  the  Commission 

Amended  text 

Amendment  12 

Article  1 (4) 

Article  14 (5)  (Regulation  3821/85) 

5. 

Member  States  may  require  that 

5a.  Member  States  shall  take  the 

the driver  data  stored  on  the  smart 

necessary  measures  to ensure  that 

card  are  archived  by  the 

the driver  data  stored  on  the  smart 

undertaking  or  its  competent 

card  are  archived  by  the 

authorities.  In  such  cases  they 

undertaking  or  its  competent 

may  require  that  data  transmission 

authorities.  The  data  transmission 

is  noted  on  the driver  card  (time, 

required  for  this  purpose  shall  be 

company  name)." 

noted  on  the driver  card  (time, 

company  name)." 

-  10 

Initial  text  proposed  by  the  Commission 

Amended  text 

Amendment  13 

Article  1 (4) 

Article  14 (5b)  (new)  (Regulation  3821/85) 

5b.  Member  States  shall  ensure  that 

the  digitally  processed  data 

concerning  the  driver  are  stored 

and  transmitted  under  the 

responsibility  of  the  competent 

authorities  or  otherwise  under  a 

system  that  guarantees  the  security 

and  correctness  of  the  data. 

11 

Initial text proposed  by the Commission 

Amended text 

Amendment 14 

Article  1 (5a) (new) 

Article  15a (new) (Regulation 3821/85) 

5a. 

The following  Article  15a is 

added: 

"Article  15a 

It is prohibited  to falsify,  suppress  or 

destroy  data recorded  on the record  sheet 

or  stored  in the recording  equipment or 

on the driver  card.  The same applies to 

manipulation  of the recording equipment, 

record  sheet or driver  card  which may 

result  in data being falsified,  suppressed 

or destroyed.  No device which could be 

used  to this effect  shall be present  on the 

vehicle. " 

- 12 

Initial  text proposed  by the Commission 

Amended  text 

Amendment  15 

Article  1 (7) 

Article  17 (2)  (Regulation  3821/85) 

-  13 

2. 

New  annexes  may  be adopted  in 

New  annexes  may  be adopted  in 

accordance  with  the  same 

accordance  with  the  same 

procedure  in  order  to  establish 

procedure  in  order  to  establish 

technical  requirements  for 

technical  requirements  for 

recording  equipment  in  which  the 

recording  equipment  in  which  the 

record  sheet,  and  its  recording 

record  sheet,  and  its  recording 

facility  as  defined  in  Annex  1A 

facility  as  defined  in  Annex  1A 

are  replaced  by  technology  which 

are  replaced  by  technology  which 

delivers  comparable  accuracy  and 

delivers  comparable  accuracy  and 

resolution.  That  technology  may 

resolution  as  described  in  Annex 

record  data  in  digital  form. 

IB.  That  technology  may  record 

However,  the  function  of  the 

data  in  digital  form.  However, 

record  sheet  with  regard  to  its 

the  function  of  the record  sheet 

usefulness  in  providing  a visual 

with  regard  to its  usefulness  in 

record  of  the driver's  hours,  data 

providing  a visual  record  of  the 

and  speed  shall  be  replicated  in  a 

driver's  hours,  data  and  speed 

printout  which  shall  be  available 

shall  be  replicated  in  a  printout 

on  demand.  The  technical 

which  shall  be  available  on 

requirements  of  those  new 

demand.  The  technical 

Annexes  shall  contain  procedures 

requirements  of  those  new 

for  downloading  the  recorded 

Annexes  shall  contain  procedures 

data.  The  functioning  and 

for  downloading  the  recorded 

specifications  of  the driver  card 

data.  The  functioning  and 

together  with  its  interface  to  the 

specifications  of  the driver  card 

recording  equipment  and  the  visual 

together  with  its  interface  to  the 

display  will  be  that  described  in 

recording  equipment  and  the 

Annex  1A to  this  regulation. 

visual  display  will  be  that 

described  in  Annex  1A to  this 

regulation. 

14 

2a. 

Annex  IB  lays  down  the 

procedure  for  establishing  the 

technical  specifications  for 

recording  equipment  in  which  the 

record  sheet  or  recording  device 

referred  to  in  Annex  1A is 

replaced  by  digital  recording  of 

data,  the  so-called  "black  box",  in 

such  a  way  that  this  equipment  at 

least  satisfies  the  same  essential 

functions  as  the  equipment 

provided  for  in  Annex  1A on  the 

understanding  that  compatibility  in 

the  read-out  of  data  shall  be 

guaranteed. 

-  15 

Initial text proposed  by the Commission 

Amended text 

Amendment 16 

Article  1 (9) 

Annex  1A (Regulation  3821/85) 

9. 

A new annex,  AnnexlA, is added.  9. 

New annexes  1A and  IB are 

added. 

Initial text proposed  by the Commission 

Amended text 

Amendment  17 

Article 2 (2), Introductory  phrase 

Vehicles that entered  into service 

Vehicles  that entered  into service 

from  1 January  1990 and prior  to 

from  1 January  1990 and prior  to 

1 January  1996 shall,  before 

1 January  1996 shall,  before 

1 January  2000, be equipped with 

1 January  2000, be equipped with 

recording  equipment referred  to in 

recording  equipment referred  to in 

Annex  1A to this Regulation with 

Annex  1A or Annex  IB to this 

the exemption  from  the  following 

Regulation,  if they are equipped 

requirements  of Annex  1A : 

with  the equipment referred  to in 

Annex  1A. with the exemption 

from  the following  requirements 

of Annex  1A : 

16 

Initial  text proposed  by  the  Commission 

Amended  text 

Amendment  18 

Article  3 

As  from  1 January  1997 Member  States 

As  from  1 January  1997 Member  States 

shall  no  longer  grant  EEC  type approval 

shall  no longer  grant  EEC  type  approval 

to  any  new  type of  recording  equipment 

to any  new  type of  recording  equipment 

which  does  not  comply  with  the 

which  does  not  comply  with  the 

provisions  of  Annex  1A of  this 

provisions  of  Annex  1A or  IB  of  this 

Regulation. 

Regulation. 

Initial  text  proposed  by  the  Commission 

Amended  text 

Amendment  19 

Annex  1A,  III,  (c),  4  (Regulation  3821/85) 

An  external  warning  signal,  visible 

Deleted 

to other  road  users,  shall  be  made 

whenever  the driver  has  driven  in 

excess  of  any  legal  period  of 

driving  time  or  if  the vehicle  is 

used  without  a driver  card  in 

place.  In  cases  of  necessity,  this 

signal  can  be  interrupted  by 

breaking  a  sealed  switch. 

-  17 

Initial text proposed  by the Commission 

Amended text 

Amendment 20 

Annex  IB (new) 

A new Annex IB  is added to read as 

follows where it differs from Annex  1A: 

1(a)  Recording  equipment  means  ...and 

a data memory. 

Kb)  Mass  storage device means: 

an electronic  storage  system  for 

data (memory) built into the 

recording  equipment, capable of 

storing  x days from  the recording 

equipment.  The memory  should 

be protected  in  such a was as to 

make unauthorized  access  to and 

manipulation  of the data 

impossible. 

- 18 

IKâ) 

(renumbering after  deletion of 

point 6 of Annex  1A lia) 

Point 6 is point 7 of  Annex  1A Ha 

Point 7 is point  8 of Annex  1A lia 

Point 8 is point 9 of Annex  1A Ha 

IKd)  Recording  and storing  in case of 

two drivers 

...  The equipment  must further  be 

capable of recording  and storing 

in the memory  simultaneously  but 

distinctly  details of the 

information  listed  under IKa) 4 

and 5 on two driver cards. 

-  19 

urn 

1.5.  Deleted 

(L.  Measurement  of time (clock) 

6.1.  The measurement  of time is 

effected  automatically  in the 

memory. 

(renumbering  after  deletion  of points  6.2. 

and 6.3. of Annex  1A IH(a) 

Point 6.2.  is point 6.4  of  Annex  1A 111(b) 

L. 

Lighting  and protection 

7.4..  second paragraph:  deleted 

111(d)  Recording  instruments  (new text) 

Recording  instruments  should 

record: 

1. distance travelled  . 

2.  speed 

3.  time 

20 

IH(f)  Closing  device  (new  text) 

The  output  from  the  memory  shall 

not be  capable  of  manipulation  by 

the driver  or  any  other  person  and 

this  must  be  made visible  on  the 

installation  itself  or  by  means  of 

an  indication  of  the  time  which  is 

locked  inside  the  memory. 

IV.  DRIVER  CARD 

(renumbering  of  headings  after 

deletion  of  (b)  and  (c) 

(a) 

(b) 

Insertion/removal 

Driving  without  driver  card 

The  start  of  driving  times  without 

the driver  card,  i.e.  where  the 

driver  card  has  not  been  inserted. 

or  without  a  functioning  driver 

card  must  be  especially  marked  or 

indicated  in  the  memory. 

(c)  Memory  capacity  of  the  driver 

card 

Visible  data 

Downloading  of  data 

Standards 

(d) 

(e) 

(Q 

- 21  -

VI 

RECORD SHEETS  (deleted) 

Consequently, 

Chapter  VI (1A) becomes Chapter  V (IB) 

Chapter VII (1A) becomes Chapter VI 
01) 

Remainder  unchanged 

Done at Brussels 

For  the Council 

22 

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