Commission Directive 2009/4/EC of 23 January 2009 counter measures to prevent and detect manipulation of records of tachographs, amending Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (Text with EEA relevance)
Date: 2009-01-23
Institutions: European Commission
Subjects: legislation, measuring equipment, road transport, speed control, traffic control

24.1.2009

EN

Official Journal of the European Union

L 21/39

DIRECTIVES

COMMISSION DIRECTIVE 2009/4/EC

of 23 January 2009

counter measures to prevent and detect manipulation of records of
tachographs, amending
Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for
the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social
legislation relating to road transport activities and repealing Council Directive 88/599/EEC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 2006/22/EC of
Parliament and of
the Council of 15 March 2006 on
minimum conditions for the implementation of Council Regu­
lations (EEC) Nos 3820/85 and 3821/85 concerning social
legislation relating to road transport activities and repealing
Council Directive 88/599/EEC (1), and in particular Article 15
thereof,

(5)

(6)

Annexes I and II of Directive 2006/22/EC should be
adapted accordingly.

The measures provided for by this Directive are in
accordance with the opinion of the Committee set up
by Article 18(1) of Council Regulation (EEC) No
3821/85 (2),

HAS ADOPTED THIS DIRECTIVE:

Article 1

Whereas:

Directive 2006/22/EC is amended as follows:

(1)

(2)

(3)

(4)

In accordance with Article 15 of Directive 2006/22/EC,
amendments to the Annexes to that Directive which are
necessary to adapt them to developing best practice in
the field of enforcement and checks of driving times and
rest periods are to be adopted in accordance with the
procedure set out in Article 12(2) thereof.

Following the introduction of the digital tachograph, the
Commission has been made aware of a new threat posed
by the installation of devices intended to defraud the
system and thereby undermine the effectiveness of the
implementation of the social legislation relating to road
transport.

is accordingly appropriate to ensure that Member
in

It
States include dedicated checks of
roadside checks, and in checks at the undertaking.

that equipment

1. In Part A of Annex I, the following point 5 is added:

the

a verification of

‘5. Where appropriate, and with due regard to safety consid­
erations,
recording equipment
installed in vehicles in order to detect the installation
and/or the use of any device, or devices,
intended to
suppress, manipulate or alter any data, or
destroy,
which is intended to interfere with any part of the elec­
tronic data exchange between the component parts of
recording equipment, or which inhibits or alters the
data in such ways prior to encryption.’

2. In Annex II, the following point 3 is added:

In order to ensure the effectiveness of such checks, it is
also necessary to further define the standard equipment
to be made available to enforcement officers.

‘3. Specific analysis equipment, with appropriate software, to
verify and confirm the digital signature attached to data,
as well as specific analysis software to provide a detailed
speed profile of vehicles prior to the inspection of their
recording equipment.’

(1) OJ L 102, 11.4.2006, p. 35.

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

L 21/40

EN

Official Journal of the European Union

24.1.2009

Article 2

Article 3

1.
The Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to comply with
this Directive by 31 December 2009 at the latest. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the
texts of the provisions of national law which they adopt in the
field governed by this Directive.

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 23 January 2009.

For the Commission

Antonio TAJANI
Vice-President