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
Date: 1998-07-02
Institutions: European Commission
Subjects: data processing, electronic equipment, road safety, road transport, speed control

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), 

first 

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 
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'. 

subparagraph 

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 
shall  mean 
'recording 
components 
"recording 
thereof. 

equipment' 
equipment  or 

(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 
and 
distributed 
workshops from  being  falsified.' 

approved 

fitters 

to 

(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 
recording 
checks 
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. 

for 

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 
the 
in 
carrying 
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. 

particular, 

out, 

(Amendment 5) 

ARTICLE  1(4) b) 
Article  12(3) (Regulation (EEC) No 3821/85) 

'and 
In  paragraph  3  the  words 
b) 
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. 

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. 

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. 

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 

When  a new  driver  card  is  issued  replacing 
the  old  one,  the  new  card  shall  bear  the 
the 
same  driver  card  issue  number  but 
The 
index  shall  be  increased  by  one. 

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) 

the 

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 
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 
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. 

IB 

to 

the 

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 
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. 

shall 

decommissioning 

The  Member  States 
take  any 
measures necessary to ensure that the resale 
recording 
or 
equipment  cannot  detract,  in  particular, 
from  the  satisfactory  application  of  this 
paragraph. 

of 

(Amendment 10) 

ARTICLE  1(7) b) 
Article  15(4) (Regulation (EEC) No 3821/85) 

b)  Paragraph  4  shall  be  replaced  by  the 
following: 
(deleted) 

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.' 

C 

(Amendment  11) 

ARTICLE  1(7) e) 
Article  15(7), first subparagraph, third indent (Regulation (EEC) No 3821/85) 

the 

print-outs 

recording 
from 
equipment defined  in Annex IB if he drove 
a  vehicle 
recording 
fitted  with  such 
equipment  during  the  period  referred  to  in 
the first indent. 

the 

print-outs 

recording 
from 
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) 

the  recording  equipment 

2.  While 
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. 

the  recording  equipment 

2.  While 
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. 

1 

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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