Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council
Date: 2011-07-19
Institutions: European Commission
Subjects: road transport, traffic control, transport safety, working conditions

EUROPEAN COMMISSION 

Brussels, 19.7.2011 
COM(2011) 451 final 

2011/0196 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EEC) No 3821/85 on recording equipment in road 
transport and amending Regulation (EC) No 561/2006 of the European Parliament and 
the Council 

(Text with EEA relevance) 

{SEC(2011) 947 final} 
{SEC(2011) 948 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds and objectives 

Tachographs play a crucial role in checking compliance by professional road transport drivers 
with  the  rules  on  driving  time  and  rest  periods.  They  contribute  to  improving  road  safety, 
drivers’ working conditions and fair competition between road transport companies. Making 
tachographs more cost-effective is one of the key elements of the strategy of the Commission 
to  further  integrate  the  road  freight  transport  market  and  render  road  transport  safer,  more 
efficient and competitive as outlined in the White Paper on transport of 28 March 20111.  

The  EU  has  regulated  the  installation  and  use  of  tachographs  since  1970.  The  current 
legislation  in  place  for  recording  equipment  is  Council  Regulation  (EEC)  No  3821/85  on 
recording  equipment  in  road  transport2.  The  Regulation  sets  technical  standards  and 
establishes the rules on the use, type approval, installation and inspection of tachographs. It 
creates  a  range  of  legal  obligations  for  manufacturers  and  authorities  but  also  for  transport 
operators  and  drivers.  This  Regulation  has  already  been  adapted  ten  times  to  technological 
progress, by the comitology procedure. 

At present, two types of tachograph are in use by some 900 000 transport undertakings and 6 
million  drivers.  In  addition  to  a  digital  tachograph  introduced  in  vehicles  registered  after  1 
May  2006,  the  analogue  tachograph  has  been  in  use  since  1985  and  is  still  used  in  older 
vehicles. 

The attached proposal aims at amending Council Regulation (EEC) No 3821/85 with a view 
to improve the tachograph system. This proposal is accompanied by a Communication which 
is transmitted in parallel to the European Parliament and to the Council and which outlines the 
other actions that are needed to make the measures of the attached proposal fully effective or 
to supplement them.  

1.2. 

Issue addressed 

A  significant  share  of  the  vehicles  checked  by  national  police  or  enforcement  officers  are 
found to be breaching the social rules. Roughly one fourth of these are found to be breaching 
tachograph rules. At any point in time, several thousand heavy duty vehicles are driving on 
the trans-European network with a manipulated tachograph or a non-valid card. Such a non-
compliance with obligations for minimum rest periods results in driver fatigue, which can be 
estimated to produce an increase in the societal cost of accidents of € 2.8  billion per year. It 
also  gives  undue  competitive  advantage  to  those  breaking  the  law,  with  negative  impact  on 
the functioning of the internal market and with severe health implications for the drivers. 

Moreover, there is room to improve further the way in which the (digital) tachograph assists 
the  drivers’  work  and  supports  transport  efficiency.  Although  the  introduction  of  the  digital 
tachograph  have  already  substantially  reduced  the  administrative  burden  on  the  various 

1 
2 

COM(2011)144 final 
OJ L 370, 31.12.1985, p. 8 

EN 

2 

   EN 

 
                                                 
stakeholders,  the  annual  cost  of  compliance,  estimated  to  be  approximately  € 2.7  billion,  is 
still too high.  

The  proposal  therefore  aims  at  better  enforcement  of  the  social  rules  and  at  reducing 
unnecessary administrative burden, by developing the technical aspects of the tachograph and 
increasing efficiency. 

1.3. 

Consistency with other EU policies and objectives 

The proposal fits into the policy announced by the Commission in its White Paper ‘Roadmap 
to a Single European Transport Area – Towards a competitive and resource efficient transport 
system’3. It is explicitly mentioned as part of Initiative 6 concerning Road Freight.4  

The proposal also contributes to implementation of the Action Plan on Intelligent Transport 
Systems (ITS) 5 and Directive 2010/40/EU on the framework for the deployment of ITS in the 
field of road transport and for interfaces with other modes of transport.6  

The  proposal  also  takes  into  account  the  Charter  of  Fundamental  Rights  of  the  European 
Union,  and  in  particular  the  right  to  respect  for  private  and  family  life  (Art.  7),  the  right  to 
protection  of  personal  data  (Art.  8),  the  freedom  to  conduct  a  business  (Art.  16)  and  the 
principles of legality and proportionality of criminal offences and penalties (Art. 49), and the 
right not to be tried or punished twice for the same offence (Art.50). 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

2.1. 

Consultation of interested parties 

The Commission carried out a public stakeholder consultation from December 2009 to March 
2010.  Given  the  technical  nature  of  the  topic,  participation  was  relatively  large:  73 
contributions, mostly of high quality, were received from various stakeholders.  

Most stakeholders wanted to see the digital tachograph improved, but not replaced by some 
different  type  of  recording  equipment.  Nearly  all  stakeholders  were  of  the  opinion  that 
harmonised  criteria  were  necessary  at  EU  level  for  the  recording  equipment.  The  type 
approval process for the tachograph was considered satisfactory. Almost all stakeholders also 
stated  that  the  level  of  security  should  be  maintained  or  even  enhanced.  Several  ideas  were 
expressed  and  subsequently  examined  in  the  Impact  Assessment  to  reduce  the  cost  of  the 
recording equipment and/or make a better use of it – for example merging the driver card with 
the driving licence.  

3 
4 

5 

6 

COM(2011)0144 final  
See section 1.1 "A Single European Transport Area" of Annex I to the White paper, COM(2011)0144 
final 
Communication  from  the  Commission:  Action  Plan  for  the  Deployment  of  Intelligent  Transport 
Systems in Europe [COM(2008)886], Action Area 4 
OJ L 207, 6.8.2010, p. 1–13  

EN 

3 

   EN 

 
                                                 
2.2. 

Collection and use of expertise 

The  Commission  has  been  in  continuous  contact  with  Member  States  and  stakeholders 
through the Committee set up by Council Regulation (EEC) No 3821/85 for all issues related 
to recording equipment. The Committee normally meets once a year. The main stakeholders 
take part in this committee as observers. They include inspection and police organisations as 
well  as  manufacturers.  In  addition,  the  Commission  has  taken  a  number  of  initiatives  to 
provide background for the proposal.  

An  extensive  two  year  long  consultation  bringing  together  the  main  stakeholders  was  co-
financed by the Commission.7  

The Joint Research Centre (JRC) has assessed the present vulnerability and verifiability of the 
digital  tachograph.  The  JRC  also  reported  to  the  Commission  on  technical  scenarios  for 
further developing the digital tachograph. 

The sectoral social dialogue committee on road transport was consulted on 26 May 2010. On 
8  July  2010,  the  European  social  partners  agreed  on  a  joint  statement  on  the  review  of  the 
digital  tachograph  regulation,  and  this  was  taken  into  consideration  when  preparing  this 
proposal.8 

In  order  to  prepare  the  Impact  Assessment,  the  external  contractor  set  up  an  Expert  Panel 
including  representatives  of  road  transport  associations,  road  transport  unions,  enforcement 
and type-approval authorities, card issuing authorities, vehicle manufacturers, and tachograph 
manufacturers.  The  Expert  Panel  reviewed  the  documents  prepared  by  the  contractor  and 
attended a workshop at which the contractor’s draft final report was reviewed and discussed. 

2.3. 

Impact Assessment 

The  stakeholder  consultations  and  expert  reports  on  the  topic  enabled  the  Commission  to 
identify a broad set of individual measures likely to address the problems identified. This was 
followed by a pre-screening of possible measures.  

Thereafter policy packages were established offering viable policy alternatives for achieving 
the objectives. Policy packages were needed because, in terms of security, the trustworthiness 
of  the  system  depends  on  the  security  of  many  of  its  elements;  and  because  different 
legislative  procedures  required  (comitology  vs  co-decision).  The  policy  packages  can 
summarised as follows:  

Policy Package 1 (PP1) is a technical package aiming simply at improvements of the current 
tachograph device and includes the following measures: 

- Higher quality seals 

- Better interface with the users 

- More secure encryption technology 

7 
8 

SMART study 
http://ec.europa.eu/employment_social/dsw/public/actRetrieveText.do?id=8903  

EN 

4 

   EN 

 
                                                 
Policy Package 2 (PP2) is also a package of technical measures but which would substantially 
widen  the  functionalities  of  the  digital  tachograph,  leading  to  a  new  type  of  digital 
tachographs.  

- Improved tachograph functions (automatic and manual recording) 

- Wireless communication for roadside checks 

- Harmonised interface with other ITS applications 

Policy Package 3 (PP3) includes only non-technical measures.  

- More trustworthy workshops 

- Make fraud with driver card more difficult 

- Better training of control officers 

- Minimum degree of harmonisation of sanctions 

- Modernised rules on use 

Policy  Package  4  (PP4)  is  a  combination  of  technical  and  system  improvement  measures 
(PP2+PP3).  

From an effectiveness point of view, PP4 is by far the most attractive as it offers the highest 
potential  level  of  achievement  of  the  two  specific  goals.  However,  the  coherence  analysis 
shows that PP4 also presents the highest trade-offs between the positive economic and social 
impacts  on  the  one  hand,  and  the  budgetary  impacts  on  public  authorities  on  the  other.  In 
terms  of  coherence,  PP1  ranks  highest.  Finally,  PP4  is  also  the  most  expensive  in  terms  of 
investment  needed,  while  PP1  is  the  cheapest  and  the  easiest  to  implement,  since  it  can  be 
adopted without going through the normal legislative procedure. 

Taking all these aspects into consideration, and in the absence of a full cost-benefit analysis, 
the positive effects of PP4 seem to far outweigh its costs. Indeed, the administrative burden 
reduction  potential  of  PP4  is  €515.5  million,  we ll  above  the  total  costs  of  its  full 
implementation.  Therefore the analysis  performed suggests that Policy Package 4 should  be 
the preferred option. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the measures proposed 

The following main changes will be introduced through the proposed Regulation: 

– 

Remote  communication  from  the  tachograph  for  control  purposes  (Article  5  of  the 
future tachograph regulation): this measure will give control authorities some basic 
indications  on  compliance  before  stopping  the  vehicle  for  a  roadside  check. 
Compliant  undertakings  will  avoid  unnecessary  roadside  checks  and  could  thereby 
benefit from a further reduction of administrative burden. 

EN 

5 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

9 

10 

11 

Merge  functionalities  of  driver  cards  with  driving  licence  (Article  27  of  the  future 
tachograph  regulation:  by  merging  the  driver  card  with  the  driving  licence,  this 
measure will increase the security of the system as drivers would be less inclined to 
use  their  driving  licence  under  fraudulent  circumstances.  It  will  also  significantly 
reduce administrative burden. This measure requires minor adaptations of Directive 
2006/126/EC of the European Parliament and of the Council of 20 December 2006 
on driving licences. The corresponding proposal is being developed in parallel to this 
Regulation. The Commission will transmit it to European Parliament and the Council 
as soon as possible. 

Automated  recording  of  precise  location  through  GNSS  (Article  4  of  the  future 
tachograph regulation): this provision will give control authorities more information 
for  checking  compliance  with  social  legislation.  By  using  automated  recording,  it 
will also help to reduce administrative burden. 

Ensure  integration  of  digital  tachograph  in  Intelligent  Transport  Systems  (ITS) 
(Article  6  of  the  future  tachograph  regulation):  by  providing  for  a  harmonised  and 
standardised  interface  of  the  tachograph,  other  ITS  applications  will  have  easier 
access to the data recorded and produced by the digital tachograph. 

Increase  the  trustworthiness  of  workshops  (Chapter  IV,  in  particular  Article  19,  of 
the  future  tachograph  regulation):  by  strengthening  the  legal  framework  for  the 
approval of workshops for example with a system of regular and unannounced audits 
and  prevention  of  conflicts  of  interest,  the  trustworthiness  of  workshops  will  be 
increased and the risk of fraud and manipulation reduced. 

Minimum degree of harmonisation of sanctions (Article 37 of the future tachograph 
regulation):  this  minimum  harmonisation  ensures  that  infringements  against  the 
tachograph  rules  which  are  classified 
legislation  as  ‘very  serious 
infringements’9  and  as  ‘most  serious  infringements’10  will  attract  the  highest 
category of penalties in national legislation. 

in  EU 

Training  of  control  officers  (Article  35  of  the  future  tachograph  regulation):  the 
Regulation will require Member States to provide adequate training for their control 
officers in charge of checking the recording equipment. 

Scope of Regulation (EC) No 561/200611 (Article 2): this measure to exempt certain 
vehicles  from  the  obligation  to  use  the  tachograph  has  been  recommended  by  the 
High  Level  Group  of  Independent  Stakeholders  on  Administrative  Burdens  chaired 

Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to 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, OJ L 29, 31.1.2009, p. 45–50 
Regulation  (EC)  No  1071/2009  establishing  common  rules  concerning  the  conditions  to  be  complied 
with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC, OJ 
L 300, 14.11.09, p. 51 
Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the 
harmonisation of certain social legislation relating to road transport and amending Council Regulations 
(EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85, OJ L 
102, 11.04.2006, p.1 

EN 

6 

   EN 

 
                                                 
by Mr Stoiber. It will help to reduce the administrative burden for these undertakings 
which are mainly SMEs. 

The  revision  of  Council  Regulation  (EEC)  No  3821/85  is  also  an  opportunity  to  modernise 
and  streamline  the  texts,  for  instance  by  providing  clear  definitions  (Article  2  of  the  future 
tachograph regulation), making experts’ work more efficient by including experts from non-
EU countries using the digital tachograph (Article 41 of the future tachograph regulation), and 
inserting a direct reference to data protection legislation (Article 34 of the future tachograph 
regulation). 

3.2. 

Legal basis 

The legal basis for this proposal is the same as for the existing Council Regulation (EEC) No 
3821/85, namely Article 91 TFEU. 

3.3. 

Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  within  the  exclusive 
competence of the European Union. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following  reasons.  Road  transport  is  becoming  more  and  more  transnational  in  nature. 
International road freight transport accounted for about one third (or 612 billion tkms) of total 
road freight transport in the EU in 2006. Social legislation in this field is harmonised at EU 
level  through  Regulation  (EC)  No  561/2006,  and  verifying  compliance  with  this  legislation 
requires  recording  equipment  to  be  interoperable  between  Member  States.  Given  the 
increasingly transnational nature of road freight transport in the EU and the harmonised nature 
of  social  legislation,  it  would  be  counterproductive  to  revert  to  regulating  recording 
equipment at national level. 

3.4. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The overall objectives of the proposal are to improve the efficiency and the effectiveness of 
the tachograph system. The measures proposed are proportionate to attain these objectives, as 
they  will  lead  to  reduction  of  administrative  burden  and  costs  related  to  the  use  of  the 
tachograph by drivers, undertakings and control bodies. They do not exceed what is necessary 
to achieve the objectives. 

3.5. 

Choice of instrument 

As the proposal modifies a regulation, the instrument chosen is also a regulation. For the time 
being, it is proposed to revise only the articles of Council Regulation (EEC) No 3821/85, not 
its  technical  annexes.  After  adoption  of  this  amending  Regulation,  the  legal  text,  including 
annexes, will be consolidated through a codification procedure. 

3.6. 

European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

EN 

7 

   EN 

 
4. 

BUDGETARY IMPLICATION 

The proposal will not entail any additional cost for the EU budget. 

5. 

SIMPLIFICATION 

This initiative contributes to achieve the aims of simplification. It falls within the scope of the 
Action Programme for Reducing Administrative Burdens in the European Union, and follows 
up  on  proposals  supported  by  the  High  Level  Group  of  Independent  Stakeholders  on 
Administrative  Burdens  chaired  by  Mr  Stoiber.  The  proposal  therefore  allows  national 
exemptions for certain companies from the obligation to use a tachograph for distances under 
100  km,  as  announced  by  the  Commission  in  its  Communication  ‘Action  Programme  for 
Reducing Administrative Burdens in the EU - Sectoral Reduction Plans and 2009 Actions’12. 

12 

COM(2009) 544 final 

EN 

8 

   EN 

 
                                                 
2011/0196 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EEC) No 3821/85 on recording equipment in road 
transport and amending Regulation (EC) No 561/2006 of the European Parliament and 
the Council 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee13, 

Having regard to the opinion of the Committee of the Regions14, 

After consulting the European Data Protection Supervisor, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

13 
14 
15 

Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment 
in road transport15 lays down provisions concerning the construction, installation, use 
and  testing  of  recording  equipment.  It  has  been  substantially  amended  on  several 
occasions, and in order to ensure greater clarity, its main provisions should therefore 
be simplified and re-structured.  

Experience  has  shown  that  in  order  to  ensure  the  effective  application  of  Regulation 
(EEC)  No  3821/85,  certain  technical  elements  and  control  procedures  should  be 
improved. 

Certain vehicles are subject to an exemption from the provisions of Regulation (EC) 
No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the 

OJ C , , p. . 
OJ C , , p. . 
OJ L 370, 31.12.1985, p. 8 

EN 

9 

   EN 

 
                                                 
harmonisation  of  certain  social  legislation  relating  to  road  transport  and  amending 
Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council 
Regulation  (EEC)  No  3820/8516.  In  order  to  ensure  coherence,  it  should  also  be 
possible to exempt such vehicles from the scope of Regulation (EEC) No 3821/85.  

In order to ensure coherence between the different exemptions set out in Article 13 of 
Regulation  (EC)  No  561/2006,  and  to  reduce  the  administrative  burden  on  transport 
undertakings  whilst  respecting  the  objectives  of  that  Regulation,  the  maximum 
permissible distances set out in its Articles 13(d), (f) and (p) should be revised.  

The recording of location data facilitates the cross checking of driving times and rest 
periods  in  order  to  detect  anomalies  and  fraud.  The  use  of  recording  equipment 
connected  to  a  global  navigation  satellite  system  is  an  appropriate  and  cost-efficient 
means  of  allowing  the  automatic  recording  of  such  data  in  order  to  support  control 
officers during controls, and should therefore be introduced. 

Directive  2006/22/EC  of  the  European  Parliament  and  of  the  Council  of  15  March 
2006  on  minimum  conditions  for  the  implementation  of  Council  Regulations  (EEC) 
No 3820/85 and (EEC) 3821/85 concerning social legislation relating to road transport 
activities  and  repealing  Council  Directive  88/599/EEC17  requires  Member  States  to 
carry  out  a  minimum  number  of  checks  at  the  roadside.  Remote  communication 
between the recording equipment and control authorities for roadside control purposes 
facilitates  targeted  roadside  checks,  making  it  possible  to  reduce  the  administrative 
burden  created  by  random  checks  on  transport  undertakings,  and  should  accordingly 
be introduced.  

Intelligent  transport  systems  (ITS)  can  help  to  meet  the  challenges  faced  by  the 
European transport policy, such as increasing road transport volumes and congestion 
or rising energy consumption. Standardised interfaces should therefore be provided in 
recording equipment in order to ensure interoperability with ITS applications. 

The  security  of  the  recording  equipment  and  its  system  is  essential  to  ensure  that 
trustworthy  data  is  produced.  Manufacturers  should  therefore  design,  test  and 
continuously review recording equipment throughout its life cycle in order to detect, 
prevent and mitigate security vulnerabilities.  

Field  tests  of  recording  equipment  that  has  not  yet  been  type  approved  allow 
equipment  to  be  tested  in  real  life  situations  before  it  is  widely  introduced,  thereby 
allowing faster improvements. Field tests should therefore be permitted , on condition 
that participation in such tests and compliance with Regulation (EC) No 561/2006 is 
effectively monitored and controlled.  

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  Fitters and workshops play an important part in the security of recording equipment. It 
is therefore appropriate to lay down certain minimum requirements for their approval 
and  audit.  and  to  ensure  that  conflicts  of  interest  between  workshops  and  transport 
undertakings are prevented.  

16 
17 

OJ L 102, 11.04.2006, p.1 
OJ L 102, 11.04.2006, p. 35 

EN 

10 

   EN 

 
                                                 
(11) 

In  order  to  ensure  a  more  effective  scrutiny  and  control  of  driver  cards,  and  to 
facilitate  the  tasks  of  control  officers,  national  electronic  registers  should  be 
established, and provision made for the interconnection of those registers. 

(12)  As  fraud  and  misuse  in  relation  to  driving  licences  isless  likely  to  occur  than  with 
driver cards, the recording equipment system would be more reliable and effective if 
driver  cards  were  in  future  incorporated  into  driving  licences.  This  approach  would 
also reduce the administrative burden for drivers who would no longer need to apply 
for,  receive  and  hold  two  different  documents.  An  amendment  to  Directive 
2006/126/EC should accordingly be envisaged.  

(13) 

In order to reduce the administrative burden on drivers and transport undertakings, it 
should  be  clarified  that  there  is  no  need  for  written  proof  of  daily  or  weekly  rest 
periods. For control purposes, periods for which no activity has been recorded for the 
driver should accordingly be considered as rest periods. 

(14)  Control  officers  face  continuous  challenges  as  a  result  of  changes  to  the  recording 
equipment and new manipulation techniques. In order to ensure more effective control, 
and  to  enhance  the  harmonisation  of  control  approaches  throughout  the  Union,  a 
common  methodology  should  be  adopted  for  the  initial  and  continuing  training  of 
control officers. 

(15)  The recording of data by recording equipment, as well as developing technologies for 
the recording of location data, remote communication and the interface with Intelligent 
Transport  Systems  will  entail  the  processing  of  personal  data.  Union  legislation 
concerning the protection of individuals with regard to the processing of personal data 
and  on  the  free  movement  of  such  data,  in  particular  Directive  95/46/EC  of  the 
European  Parliament  and  of  the  Council  of  24  October  1995  on  the  protection  of 
individuals with regard to the processing of personal data and on the free movement of 
such data18 and Directive 2002/58/EC of the European Parliament and of the Council 
of  12  July  2002  concerning  the  processing  of  personal  data  and  the  protection  of 
privacy in the electronic communications sector19 should be applied. 

(16)  To  ensure  fair  competition  in  the  internal  road  transport  market  and  to  give  a  clear 
message to drivers and transport undertakings, the Member States' highest category of 
sanctions  should  be  imposed  for  ‘very  serious’  infringements  (as  defined  in 
Commission  Directive  2009/5/EC  of  30  January  2009  amending  Annex  III  to 
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  activities20),  without 
prejudice to the principle of subsidiarity. 

(17)  Through the adaptations of the European agreement concerning the work of crews of 
vehicles  engaged  in  international  road  transport,  signed  in  Geneva  on  1  July  1970, 
including  its  six  amendments,  deposited  with  the  Secretary-General  of  the  United 
Nations (AETR), the use of the recording equipment referred to in Annex IB has been 
made  mandatory  as  regards  vehicles  registered  in  neighbouring  third  countries.  As 

18 
19 
20 

OJ L 281, 23.11.1995, p. 31–50  
OJ L 201, 31.7.2002, p. 37–47 
OJ L 29, 31.1.2009, p. 45–50  

EN 

11 

   EN 

 
                                                 
these countries are directly affected by changes to the recording equipment introduced 
by the present Regulation, they should be able to participate in dialogue on technical 
matters. A Tachograph Forum should accordingly be set up. 

(18) 

the  supplementing  of  Annex  IB  with 

In order to reflect technical developments, the power to adopt acts in accordance with 
Article  290  of  the  Treaty  on  the  Functioning  of  the  European  Union  should  be 
delegated  to  the  Commission  in  respect  of  the  adaptation  of  Annexes  I,  IB  and  II  to 
technical  progress  and 
technical 
specifications necessary for the automatic recording of the location data, for enabling 
remote  communication  and  for  ensuring  an  interface  with  Intelligent  Transport 
Systems.  It  is  of  particular  importance  that  the  Commission  carry  out  appropriate 
consultations during its preparatory work, including at expert level. The Commission, 
when preparing and drawing-up delegated acts, should ensure a simultaneous, timely 
and  appropriate  transmission  of  relevant  documents  to  the  European  Parliament  and 
Council. 

the 

(19) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation 
concerning field tests, the electronic exchange of information on driver cards between 
Member  States  and  the  training  of  control  officers,  implementing  powers  should  be 
conferred on the Commission. Those powers should be exercised in accordance with 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16 
February  2011  laying  down  the  rules  and  general  principles  concerning  mechanisms 
for control by Member States of the Commission’s exercise of implementing powers21. 

(20)  The  advisory  procedure  should  be  used  for  the  adoption  of  the  procedures  to  be 
followed for carrying out field tests and the forms to be used for monitoring such tests, 
as well as the methodology for the initial and continuing training of control officers. 

(21)  The  examination  procedure  should  be  used  for  the  adoption  of  the  specifications  for 
the electronic exchange of information on driver cards between Member States. 

(22)  Regulation (EEC) No. 3821/85 should therefore be amended accordingly. 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Council Regulation (EEC) No 3821/85 is amended as follows: 

1) Articles 1 to 21 are replaced by the following articles: 

21 

OJ L 55, 28.2.2011, p. 13–18. 

EN 

12 

   EN 

 
                                                 
‘CHAPTER I 

Principles and scope 

Article 1 
Subject matter and principle 

This  Regulation  sets  out  requirements  for  the  construction,  installation,  use  and  testing  of 
recording  equipment  used  in  road  transport  to  control  compliance  with  Regulation  (EC)  No 
561/2006, Directive 2002/15/EC22 and Directive 92/6/EEC 23. 

Recording equipment shall, as regards construction, installation, use and testing, comply with 
the requirements of this Regulation. 

Article 2 
Definitions 

1. 

2. 

For the purposes of this Regulation the definitions set out in Article 4 of Regulation 
(EC) No 561/2006 shall apply. 

In  addition  to  the  definitions  referred  to  in  paragraph  1,  for  the  purposes  of  this 
Regulation:  

(a) 

(b) 

(c) 

(d) 

(e) 

‘recording  equipment’  means  the  equipment  intended  for  installation  in  road 
vehicles  to  display,  record,  print,  store  and  output  automatically  or  semi-
automatically  details  of  the  movement  of  such  vehicles  and  of  certain  work 
periods of their drivers; 

‘vehicle unit’ means the recording equipment excluding the motion sensor and 
the cables connecting the motion sensor. The vehicle unit may be a single unit 
or  several  units  distributed  in  the  vehicle,  provided  that  it  complies  with  the 
security requirements of this Regulation; 

‘motion  sensor’  means  part  of  the  recording  equipment,  providing  a  signal 
representative of vehicle speed and/or distance travelled; 

‘tachograph  card’  means  a  smart  card  intended  for  use  with  the  recording 
equipment which allows identification by the recording equipment of the role 
of the cardholder and data transfer and storage;  

‘record sheet’ means a sheet designed to accept and retain recorded data, to be 
placed  in  the  recording  equipment  referred  to  in  Annex  I  and  on  which  the 
marking devices of the latter inscribe a continuous record of the information to 
be recorded; 

22 
23 

OJ L 80, 23.3.2002, p. 35-39 
OJ L 57, 2.3.1992, p. 27. 

EN 

13 

   EN 

 
                                                 
(f) 

(g) 

(h) 

(i) 

‘driver  card’  means  a  tachograph  card  issued  by  the  authorities  of  a  Member 
State to a particular driver which identifies the driver and allows for storage of 
driver activity data; 

‘control card’ means a tachograph card issued by the authorities of a Member 
State  to  a  national  competent  control  authority  which  identifies  the  control 
body and optionally the control officer and allows access to the data stored in 
the  data  memory  or  in  the  driver  cards  for  reading,  printing  and/or 
downloading; 

‘company card’ means a tachograph card issued by the authorities of a Member 
State to the owner or holder of vehicles fitted with recording equipment which 
identifies the owner or holder and allows for the displaying, downloading and 
printing of the data stored in the recording equipment which has been locked 
by that owner or holder; 

‘workshop  card’  means  a  tachograph  card  issued  by  the  authorities  of  a 
Member  State  to  a  recording  equipment  manufacturer,  a  fitter,  a  vehicle 
manufacturer  or  a  workshop  approved  by  that  Member  State  which  identifies 
the cardholder and allows for the testing, calibration and/or downloading of the 
recording equipment; 

(j) 

‘daily  work  period’  means  the  period  comprising  the  driving  time,  all  other 
periods of work, the periods of availability, breaks in work and periods of rest 
not exceeding nine hours.  

Article 3 
Scope 

1. 

2. 

3. 

4. 

Recording equipment shall be installed and used in vehicles registered in a Member 
State which are used for the carriage of passengers or goods by road falling within 
the scope of Regulation (EC) No 561/2006.  

Member  States  may  exempt  the  vehicles  mentioned  in  Articles  13(1)  and  13(3)  of 
Regulation (EC) No 561/2006 from the application of this Regulation. 

Member  States  may,  after  authorisation  by  the  Commission,  exempt  from  the 
application of this Regulation vehicles used for the transport operations referred to in 
Article 14(1) of Regulation (EC) No 561/2006.  

Member States may exempt from application of this Regulation vehicles used for the 
transport  operations  referred  to  in  Article  14(2)  of  Regulation  (EC)  No  561/2006; 
they shall immediately notify the Commission thereof. 

In  the  case  of  national  transport  operations,  Member  States  may  require  the 
installation and use of recording equipment in accordance with this Regulation in any 
of the vehicles for which its installation and use are not required by paragraph 1. 

EN 

14 

   EN 

 
CHAPTER II 

Smart recording equipment  

Article 4 
Recording of location data 

Location data shall be recorded to allow the identification of the starting and ending place of 
the daily work period. For that purpose, vehicles put into service for the first time [48 months 
after  the  entry  into  force  of  this  Regulation]  shall  be  fitted  with  recording  equipment 
connected to a global navigation satellite system (GNSS). 

The Commission shall be empowered to adopt delegated acts in accordance with Article 39 
concerning  the  supplementing  of  Annex  IB  with  the  detailed  technical  specifications 
necessary  to  enable  the  processing  of  the  location  data  received  from  the  GNSS  by  the 
recording equipment. 

Article 5 
Remote communication for control purposes 

In  order  to  facilitate  targeted  roadside  checks  by  the  competent  control  authorities, 
the  recording  equipment  installed  in  vehicles  put  into  service  for  the  first  time  [48 
months  after  the  entry  into  force  of  this  Regulation]  shall  be  able  to  communicate 
while the vehicle is in motion to those authorities.  

Communication  shall  be  established  with  the  recording  equipment  only  when  so 
requested  by  the  equipment  of  the  control  authorities.  It  shall  be  secured  to  ensure 
data integrity and authentication of the recording and control equipment.  

The data exchanged during communication shall be limited to the data necessary for 
the purpose of targeted roadside checks. Data concerning the identity of the driver, 
driver activities and speed shall not be communicated. 

The data exchanged shall be used for the sole purpose of controlling compliance with 
this  Regulation  and  Regulation  (EC)  No  561/2006.  It  shall  not  be  transmitted  to 
entities other than control authorities. 

The data may only be stored by the control authorities for the duration of a roadside 
check, and shall be deleted at the latest two hours after this has concluded.  

The owner or holder of the vehicle shall be responsible for informing the  driver of 
the possibility of remote communication. 

The competent control authority, on the basis of the data exchanged, may decide to 
carry out a check on the vehicle and the recording equipment.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  39  concerning  the  supplementing  of  Annex  IB  with  the  detailed  technical 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

EN 

15 

   EN 

 
specifications  necessary  to  enable  remote  communication  between  the  recording 
equipment and the competent control authorities as set out in this Article. 

Article 6 
Intelligent Transport Systems 

The  recording  equipment  referred  to  in  Annex  IB  shall  be  interoperable  with  the 
intelligent  transport  systems  applications  as  defined  in  Article  4  of  Directive 
2010/40/EU of the European Parliament and of the Council on the framework for the 
deployment  of  Intelligent  Transport  Systems  in  the  field  of  road  transport  and  for 
interfaces with other modes of transport24. 

For the purpose of paragraph 1, vehicles put into service for the first time [48 months 
after the entry into force of this Regulation] shall be fitted with recording equipment 
equipped with a harmonised interface allowing the data recorded or produced to be 
used for intelligent transport systems applications.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 39 concerning the supplementing of Annex IB with the specifications of the 
interface, access rights and the list of data which may be accessed. 

CHAPTER III 

Type approval 

Article 7 
Applications  

Manufacturers or their agents shall submit an application for EU approval of a type 
of  vehicle  unit,  motion  sensor,  model  record  sheet  or  tachograph  card  to  the  type 
approval authorities designated to that effect by each Member State. 

Member States  shall communicate  to  the Commission the name and contact details 
of the authorities designated according to paragraph 1. The Commission shall publish 
the list of designated type approval authorities on its website. 

An  application  for  type  approval  shall  be  accompanied  by  the  appropriate 
specifications  and  by  the  certificates  referred  to  in  Section  VIII  of  Annex  IB.  The 
Commission  shall  appoint  the  independent  evaluators  who  will  deliver  the  security 
certificate. 

No  application  in  respect  of  any  one  type  of  vehicle  unit,  motion  sensor,  model 
record sheet or tachograph card may be submitted to more than one Member State. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

24 

OJ L 207, 6.8.2010, p. 1. 

EN 

16 

   EN 

 
                                                 
Article 8 
Granting of type approval 

A Member State shall grant EU component type approval to any type of vehicle unit, motion 
sensor,  model  record  sheet  or  tachograph  card  which  complies  with  the  requirements  laid 
down in Annexes I or IB, provided the Member State is in a position to check that production 
models conform to the approved type. 

Any  modifications  or  additions  to  an  approved  model  must  receive  additional  EU  type 
approval from the Member State which granted the original EU type approval. 

Article 9 
Type approval mark 

Member States shall issue to the applicant an EU type approval mark conforming to the model 
in Annex II, for each type of vehicle unit, motion sensor, model record sheet or tachograph 
card which they approve pursuant to Article 8. 

Article 10 
Approval or refusal 

The competent authorities of the Member State to which the application for type approval has 
been  submitted  shall,  in  respect  of  each  type  of  vehicle  unit,  motion  sensor,  model  record 
sheet or tachograph card which they approve, send within one month a copy of the approval 
certificate accompanied by copies of the relevant specifications to the authorities of the other 
Member States. 

When the competent authorities do not approve the application for type approval, they shall 
notify  the  authorities  of  the  other  Member  States  that  approval  has  been  refused  and  shall 
communicate the reasons for their decision. 

Article 11 
Compliance of equipment with type approval 

1. 

2. 

3. 

If a Member State which has granted EU type-approval as provided for in Article 8 
finds  that  any  vehicle  units,  motion  sensors,  record  sheets  or  tachograph  cards 
bearing  the  EU type-approval  mark  issued  by  it  do  not  conform  to  the  prototype 
which it has approved, it shall take the necessary measures to ensure that production 
models  conform  to  the  approved  prototype.  The  measures  taken  may,  if  necessary, 
extend to withdrawal of EU type approval. 

A Member State which has granted EU type approval shall withdraw such approval 
if  the  vehicle  unit,  motion  sensor,  record  sheet  or  tachograph  card  which  has  been 
approved  is  not  in  conformity  with  this  Regulation  or  displays  any  general  defect 
during use which makes it unsuitable for the purpose for which it is intended. 

If  a  Member  State  which  has  granted  EU  type  approval  is  notified  by  another 
Member  State  of  one  of  the  cases  referred  to  in  paragraphs  1  and  2,  it  shall,  after 

EN 

17 

   EN 

 
consulting  the  latter  Member  State,  take  the  steps  laid  down  in  those  paragraphs, 
subject to paragraph 5. 

4. 

A Member State which ascertains that one of the cases referred to in paragraph 2 has 
arisen,  may  forbid  until  further  notice  the  placing  on  the  market  and  putting  into 
service  of  the  vehicle  unit,  motion  sensor,  record  sheets  or  tachograph  cards.  The 
same  applies  in  the  cases  mentioned  in  paragraph  1  with  respect  to  vehicle  units, 
motion sensors, record sheets or tachograph cards which have been exempted from 
EU  initial  verification,  if  the  manufacturer,  after  due  warning,  does  not  bring  the 
equipment  into  line  with  the  approved  model  or  with  the  requirements  of  this 
Regulation. 

In any event, the competent authorities of the Member States shall notify one another 
and the Commission, within one month, of any withdrawal of EU type approval or of 
any  other  measures  taken  pursuant  to  paragraphs  1,  2  and  3  and  shall  specify  the 
reasons for such action. 

5. 

If a Member State which has granted an EU type approval disputes the existence of 
any  of  the  cases  specified  in  paragraphs  1  or  2  notified  to  it,  the  Member  States 
concerned  shall  endeavour  to  settle  the  dispute  and  the  Commission  shall  be  kept 
informed. 

If  talks  between  the  Member  States  have  not  resulted  in  agreement  within  four 
months  of  the  date  of  the  notification  referred  to  in  paragraph  3,  the  Commission, 
after  consulting  experts  from  all  Member  States  and  having  considered  all  the 
relevant factors, such as economic and technical factors, shall within six months of 
the expiry of that four month period adopt a decision which shall be notified to the 
Member States concerned and communicated at the same time to the other Member 
States.  The  Commission  shall  in  each  case  lay  down  the  time  limit  for 
implementation of its decision. 

Article 12 
Approval of record sheets 

1. 

2. 

An  applicant  for  EU  type  approval  of  a  model  record  sheet  shall  state  on 
theapplication  the  type  or  types  of  recording  equipment  referred  to  in  Annex  I  on 
which  the  sheet  in  question  is  designed  to  be  used  and  shall  provide  suitable 
equipment of such type or types for the purpose of testing the sheet. 

The  competent  authorities  of  each  Member  State  shall  indicate  on  the  approval 
certificate  for  the  model  record  sheet  the  type  or  types  of  recording  equipment 
referred to in Annex I on which that model sheet may be used. 

Article 13 
Justification of refusal decisions 

All  decisions  pursuant  to  this  Regulation  refusing  or  withdrawing  approval  of  a  type  of 
vehicle unit, motion sensor, model record sheet or tachograph card shall specify in detail the 
reasons on which they are based. A decision shall be communicated to the party concerned, 

EN 

18 

   EN 

 
who shall at the same time be informed of the remedies available to him under the laws of the 
Member States and of the time limits for the exercise of such remedies. 

Article 14 
Recognition of type-approved recording equipment 

No  Member  State  may  refuse  to  register  any  vehicle  fitted  with  recording  equipment,  or 
prohibit the entry into service or use of such vehicle for any reason connected with the fact 
that  the  vehicle  is  fitted  with  such  equipment,  if  the  equipment  bears  the  EU  type  approval 
mark referred to in Article 9 and the installation plaque referred to in Article 17(4). 

Article 15 
Security 

1. 

2. 

3. 

1. 

2. 

3. 

Manufacturers  shall  design,  test  and  review  vehicle  units,  motion  sensors  and 
tachograph  cards  put  into  production  so  as  to  detect  vulnerabilities  arising  at  all 
phases of the product life-cycle, and prevent or mitigate their possible exploitation. 

For  this  purpose,  manufacturers  shall  submit  appropriate  documentation  to  the 
independent evaluator referred to in Article 7(3) for vulnerability analysis. 

Independent  evaluators  shall  conduct  penetration  tests  on  vehicle  units,  motion 
sensors  and  tachograph  cards  to  confirm  that  known  vulnerabilities  cannot  be 
exploited by individuals in possession of publicly available knowledge. 

Article 16 
Field tests 

Member  States  may  authorise  field  tests  of  recording  equipment  which  has  not  yet 
been type approved. Member States shall mutually recognise authorisations for field 
tests granted by one Member State.  

Drivers and transport undertakings participating in a field test shall comply with the 
requirements  of  Regulation  (EC)  No  561/2006.  In  order  to  demonstrate  such 
compliance, drivers shall follow the procedure set out in Article 31(2).  

The  Commission  may  adopt  implementing  acts  to  lay  down  the  procedures  to  be 
followed  for  carrying  out  field  tests  and  the  forms  to  be  used  in  order  to  monitor 
these  field  tests.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
advisory procedure referred to in Article 40(2). 

EN 

19 

   EN 

 
CHAPTER IV 

Installation and inspection 

Article 17 
Installation and repair 

1. 

2. 

3. 

4. 

5. 

Recording  equipment  may  be  installed  or  repaired  only  by  fitters  or  workshops 
approved  by  the  competent  authorities  of  the  Member  States  for  that  purpose  in 
conformity with Article 19 . 

Fitters or workshops shall seal the recording equipment after having verified that it is 
functioning properly, and in particular that no manipulation device can tamper with 
or alter the data recorded. 

The  approved  fitter  or  workshop  shall  place  a  special  mark  on  the  seals  which  it 
affixes and, in  addition, for the recording equipment referred to in Annex IB, shall 
enter  the  electronic  security  data  for  carrying  out  the  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. 

For  the  purpose  of  certifying  that  the  installation  of  the  recording  equipment  took 
place in accordance with the requirements of this Regulation, an installation plaque 
affixed as provided in Annexes I and IB shall be used. 

A seal shall be removed only by the fitters or workshops approved by the competent 
authorities  under  paragraph  1  or  by  control  officers,  or  in  the  circumstances 
described in Annex I, Section V, point 4 or in Annex IB, Section V, point 3 . 

Article 18 
Inspections of the recording equipment 

Recording equipment shall be subject to regular inspection by approved workshops. Regular 
inspection shall be carried out at least every two years. 

Workshops shall draw up an inspection report in cases where irregularities in the functioning 
of the recording equipment had to be remedied, whether as a result of a periodic inspection, or 
an  inspection  carried  out  at  the  specific  request  of  the  national  competent  authority. 
Workshops shall keep a list of all inspection reports drawn up. 

Inspection reports shall be retained by the workshop for a minimum period of two years from 
the  time  the  report  was  made.  Upon  request  from  the  competent  authority,  workshops  shall 
make available the reports of inspections and calibrations carried out during that period. 

EN 

20 

   EN 

 
Article 19 
Approval of fitters and workshops 

1. 

2. 

The  Member  States  shall  approve,  regularly  control  and  certify  the  fitters  and 
workshops which may carry out installations, checks, inspections and repairs of the 
recording equipment. 

Member  States  shall  ensure  that  fitters  and  workshops  are  competent  and  reliable. 
For that purpose,  they  shall  establish and publish a set of clear national procedures 
and shall ensure that the following minimum criteria are met:  

(a) 

the staff are properly trained;  

(b) 

the equipment necessary to carry out the relevant tests and tasks is available;  

(c) 

the fitters and workshops are of good repute. 

3. 

Audits of approved fitters or workshops shall be carried out as follows: 

(a)  Approved  fitters  or  workshops  shall  be  subject  to  a  yearly  audit  of  the 
procedures  applied  by  the  workshop  when  handling  the  recording  equipment. 
The  audit  shall  focus  in  particular  on  the  security  measures  taken  and  the 
handling of workshop cards. 

(b)  Unannounced technical audits of approved fitters or workshops shall also take 
place  in  order  to  control  the  calibrations  and  installations  carried  out.  These 
controls shall cover at least 10% of the approved workshops per year. 

Member  States  shall  take  appropriate  measures  to  prevent  conflicts  of  interests 
between  fitters  or  workshops  and  road  transport  undertakings.  In  particular,  if  a 
transport undertaking is also operating as an approved fitter or workshop, it shall not 
be allowed to install and calibrate recording equipment in its own vehicles. 

The competent authorities of the Member States shall forward to the Commission the 
lists  of  approved  fitters  and  workshops  and  the  cards  issued  to  them,  as  well  as 
copies  of  the  marks  and  of  the  necessary  information  relating  to  the  electronic 
security  data  used.  The  Commission  shall  publish  the  lists  of  approved  fitters  and 
workshops on its website. 

Member  States  shall  withdraw  approval,  either  temporarily  or  permanently,  from 
fitters and workshops failing to meet their obligations under this Regulation. 

Article 20 
Workshop cards 

The period of administrative validity of workshop cards shall not exceed one year. 

If a workshop card is to be extended, is damaged, malfunctions, is lost or stolen, the 
authority  shall  supply  a  replacement  card  within  five  working  days  of  receiving  a 
detailed request to that effect. The authority issuing the card shall maintain a register 
of lost, stolen or defective cards. 

4. 

5. 

6. 

1. 

2. 

EN 

21 

   EN 

 
3. 

4. 

1. 

2. 

3. 

4. 

5. 

6. 

When a Member State withdraws the approval of a fitter or workshop as set out in 
Article 19, it shall also withdraw the workshop cards issued to it. 

Member  States  shall  take  all  necessary  measures  to  prevent  the  workshop  cards 
distributed to approved fitters and workshops from being falsified. 

CHAPTER V 

Driver cards 

Article 21 
Issuing of driver cards 

The  driver  card  shall  be  issued,  at  the  request  of  the  driver  by  the  competent 
authority of the Member State where the driver has his normal residence. It shall be 
issued within one month of the request being recevied by the competent authority. 

For the purposes of this article, ‘normal residence’ means the place where a person 
usually lives, that is for at least 185 days in each calendar year, because of personal 
and occupational ties, or, in the case of a person with no occupational ties, because of 
personal ties which show close links between that person and the place where they 
are living; however, the normal residence of a person whose occupational ties are in 
a  different  place  from  their  personal  ties  and  who  consequently  lives  in  turn  in 
different places situated in two or more Member States shall be regarded as being the 
place  of  their  personal  ties,  provided  that  such  person  returns  there  regularly.  This 
last  condition  need  not  be  complied  with  where  the  person  is  living  in  a  Member 
State in order to carry out a fixed-term assignment. 

Drivers shall give proof of their normal residence by any appropriate means, such as 
their identity card or any other valid document. Where the competent authorities of 
the Member State issuing the driver card have doubts as to the validity of a statement 
as  to  normal  residence,  or  for  the  purpose  of  certain  specific  controls,  they  may 
request any additional information or evidence. 

The  competent  authorities  of  the  issuing  Member  State  shall  take  appropriate 
measures  to  ensure  that  an  applicant  does  not  already  hold  a  valid  driver  card  and 
shall personalise the driver card in accordance with the provisions of Annex IB.  

For  administrative  purposes,  the  driver  card  shall  not  be  valid  for  more  than  five 
years. 

A  valid  driver  card  shall  not  be  withdrawn  or  suspended  unless  the  competent 
authorities  of  a  Member  State  find  that  the  card  has  been  falsified,  or  the  driver  is 
using a card of which he is not the holder, or the card held has been obtained on the 
basis  of  false  declarations  and/or  forged  documents.  If  such  suspension  or 
withdrawal  measures  are  taken  by  a  Member  State  other  than  the  issuing  Member 
State, the former shall return the card to the authorities of the Member State which 
issued it, indicating the reasons for returning it. 

EN 

22 

   EN 

 
7. 

8. 

1. 

2. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Driver cards shall be issued only to applicants who are subject to the provisions of 
Regulation (EC) No 561/2006. 

Member States shall take all necessary measures to prevent driver cards from being 
falsified. 

Article 22 
Use of driver cards 

The driver card is personal. 

A driver may hold no more than one valid driver card, and is authorised to use only 
his  own  personalised  driver  card.  A  driver  shall  not  use  a  driver  card  which  is 
defective or which has expired. 

Article 23 
Renewal of driver cards 

Where  a  driver  wishes  to  renew  his  driver  card,  he  shall  apply  to  the  competent 
authorities of the Member State of normal residence not later than 15 working days 
before the expiry date of the card. 

Where  the  authorities  of  the  Member  State  of  normal  residence  are  different  from 
those which issued the card and where the former are requested to renew the driver 
card, they shall inform the authorities which issued the old card of the reasons for its 
renewal. 

In the event of a request for the renewal of a card whose expiry date is approaching, 
the competent authority shall supply a new card before the expiry date provided that 
the request was sent within the time limits laid down in paragraph 1. 

Article 24 
Stolen, lost or defective driver cards 

The  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. 

If  a  driver  card  is  damaged  or  if  it  malfunctions,  the  driver  shall  return  it  to  the 
competent  authority  of  the  Member  of  normal  residence.  Theft  of  the  driver  card 
must  be  formally  declared  to  the  competent  authorities  of  the  State  where  the  theft 
occurred. 

Loss  of  the  driver  card  shall  be  reported  in  a  formal  declaration  to  the  competent 
authorities  of  the  issuing  Member  State  and  to  the  competent  authorities  of  the 
Member State of normal residence if this is different. 

If the driver card is damaged, malfunctions or is lost or stolen, the driver shall within 
seven  calendar  days  apply  for  its  replacement  to  the  competent  authorities  of  the 
Member  of  normal  residence.  These  authorities  shall  supply  a  replacement  card 
within five working days after receiving a detailed request to that effect. 

EN 

23 

   EN 

 
5. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

In the circumstances set out in paragraph 4, the driver may continue to drive without 
a driver card for a maximum period of 15 calendar days or for a longer period if this 
is necessary for the vehicle to return to its premises, provided the driver can prove 
the impossibility of producing or using the card during this period. 

Article 25 
Mutual recognition and exchange of driver cards 

Driver cards issued by Member States shall be mutually recognised. 

Where the holder of a valid driver card issued by a Member State has established his 
normal residence in another Member State, he may ask for his card to be exchanged 
for an equivalent driver card. It shall be the responsibility of the Member State which 
carries out the exchange to verify whether the card produced is still valid. 

Member States carrying out an exchange shall return the old card to the authorities of 
the issuing Member State and indicate the reasons for so doing. 

Where  a  Member  State  replaces  or  exchanges  a  driver  card,  the  replacement  or 
exchange,  and  any  subsequent  replacement  or  exchange,  shall  be  registered  in  that 
Member State. 

Article 26 
Electronic exchange of information on driver cards 

In  order  to  ensure  that  an  applicant  does  not  already  hold  a  valid  driver  card  as 
referred  to  in  Article  21(4),  Member  States  shall  maintain  national  electronic 
registers  containing  the  following  information  on  driver  cards  for  a  period  at  least 
equivalent to their period of administrative validity: 

– 

– 

– 

Surname and first name of the driver 

Birth date and place of birth of the driver 

Driving  licence  number  and  country  of  issue  of  the  driving  licence  (if 
applicable) 

– 

Status of the driver card  

The Commission and the Member States shall take all necessary measures to ensure 
that the electronic registers are interconnected and accessible throughout the Union.  

Whenever  issuing,  renewing  or  replacing  a  driver  card,  Member  States  shall  verify 
through electronic data exchange that the driver does not already hold another valid 
driver card. The data exchanged shall be limited to the data necessary for the purpose 
of this verification. 

Control  officers  may  have  access  to  the  electronic  register  in  order  to  control  the 
status of a driver card.  

EN 

24 

   EN 

 
5. 

The Commission shall adopt implementing acts to lay down the common procedures 
and  specifications  necessary  for  the  interconnection  referred  to  in  paragraph  2, 
including the format for the data exchanged, the technical procedures for electronic 
consultation  of  the  national  electronic  registers,  access  procedures  and  security 
mechanisms.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 40(3).  

Article 27 
Integration of driver cards with driving licences 

Driver cards shall be issued in accordance with the provisions of this Chapter until 18 January 
2018.  With  effect  from  19  January  2018,  driver  cards  shall  be  incorporated  into  driving 
licences  and  issued,  renewed,  exchanged  and  replaced  in  accordance  with  the  provisions  of 
Directive 2006/126/EC. 

CHAPTER VI 

Use of equipment 

Article 28 
Correct use of recording equipment 

1. 

2. 

3. 

4. 

1. 

The transport undertaking, the vehicle owner and the drivers shall ensure the correct 
functioning and proper use of the recording equipment and the driver card where a 
driver is required to drive a vehicle fitted with the recording equipment referred to in 
Annex IB . 

It  shall  be  forbidden  to  falsify,  conceal,  suppress  or  destroy  data  recorded  on  the 
record  sheet,  stored  in  the  recording  equipment  or  on  the  driver  card,  or  print-outs 
from  the  recording  equipment  referred  to  in  Annex  IB.  Any  manipulation  of  the 
recording  equipment,  record  sheet  or  driver  card  which  could  result  in  data  and/or 
printed information being falsified, suppressed or destroyed shall also be prohibited. 
No device which could be used to this effect shall be present on the vehicle.  

Vehicles shall not be fitted with more than one set of recording equipment except for 
the purposes of the field tests referred to in Article 16.  

Member States shall forbid the production, distribution, advertising and/or selling of 
devices constructed and/or intended for the manipulation of recording equipment. 

Article 29 
Responsibility of the undertaking 

The transport undertaking shall issue a sufficient number of record sheets to drivers 
of  vehicles  fitted  with  the  recording  equipment  referred  to  in  Annex  I  taking  into 
account the fact that these sheets are personal in character, the length of the period of 
service  and  the  possible  need  to  replace  sheets  which  are  damaged,  or  have  been 

EN 

25 

   EN 

 
2. 

3. 

1. 

2. 

3. 

taken  by  an  authorised  inspecting  officer.  The  transport  undertaking  shall  issue  to 
drivers  only  record  sheets  of  an  approved  model  suitable  for  use  in  the  equipment 
installed in the vehicle. 

Where the vehicle is fitted with the recording equipment referred to in Annex IB the 
transport undertaking and the driver shall ensure that, taking into account the length 
of  the  period  of  service,  the  printing  on  request  referred  to  in  Annex  IB  can  be 
carried out correctly in the event of an inspection. 

The transport undertaking shall keep record sheets and printouts, whenever printouts 
have  been  made  to  comply  with  Article  31,  in  chronological  order  and  in  a  legible 
form for at least a year after their use and shall give copies to the drivers concerned 
who  request  them.  The  transport  undertaking  shall  also  give  copies  of  downloaded 
data from the driver cards to the drivers concerned who request them and the printed 
paper  versions  of  these  copies.  The  record  sheets,  printouts  and  downloaded  data 
shall be produced or handed over at the request of any authorised inspecting officer.  

A  transport  undertaking  shall  be  liable  for  infringements  against  this  Regulation 
committed by drivers of the undertaking. Without prejudice to the right of Member 
States  to  hold  transport  undertakings  fully  liable,  Member  States  may  consider  any 
evidence that the transport undertaking cannot reasonably be held responsible for the 
infringement committed. 

Article 30 
Use of driver cards and record sheets  

Drivers  shall  use  the  record  sheets  or  driver  cards  every  day  on  which  they  are 
driving,  starting  from  the  moment  they  take  over  the  vehicle.  The  record  sheet  or 
driver card shall not be withdrawn before the end of the daily working period unless 
its withdrawal is otherwise authorised. No record sheet or driver card may be used to 
cover a period longer than that for which it is intended. 

Drivers shall adequately protect the record  sheets or driver cards, and  shall not  use 
dirty or damaged sheets or cards. 

When  as  a  result  of  being  away  from  the  vehicle,  a  driver  is  unable  to  use  the 
recording equipment fitted to the vehicle, the periods of time referred to in paragraph 
5(b) (ii) and (iii) shall:  

(a) 

(b) 

if the vehicle is fitted with the recording equipment referred to in Annex I, be 
entered  on  the  record  sheet,  either  manually,  by  automatic  recording  or  other 
means, legibly and without dirtying the sheet; or  

if the vehicle is fitted with the recording equipment referred to in Annex IB, be 
entered  onto  the  driver  card  using  the  manual  entry  facility  provided  in  the 
recording equipment. 

For control purposes, periods of time for which no activity has been recorded shall be 
regarded  as  rest  or  break.  Drivers  are  not  obliged  to  record  daily  and  weekly  rest 
periods when having been away from the vehicle. 

EN 

26 

   EN 

 
4. 

Where  there  is  more  than  one  driver  on  board  a  vehicle  fitted  with  the  recording 
equipment  referred  to  in  Annex  IB,  each  driver  shall  ensure  that  his  driver  card  is 
inserted into the correct slot in the recording equipment. 

Where  there  is  more  than  one  driver  on  board  a  vehicle  fitted  with  the  recording 
equipment  referred  to  in  Annex  IB,  drivers  shall  amend  the  record  sheets  as 
necessary, so that the information referred to in Section II (a), (b) and (c) of Annex I 
is recorded on the record sheet of the driver who is actually driving. 

5. 

Drivers shall: 

(a) 

ensure that the time recorded on the sheet corresponds to the official time in the 
country of registration of the vehicle; 

(b)  operate  the  switch  mechanisms  enabling  the  following  periods  of  time  to  be 

recorded separately and distinctly: 

(i) 

under the sign 

: driving time, 

(ii)  under  the  sign 

:  ‘other  work’,  which  means  any  activity  other  than 
driving,  as  defined  in  Article  3(a)  of  Directive  2002/15/EC  of  the 
European  Parliament  and  of  the  Council25,  and  also  any  work  for  the 
same or another employer within or outside of the transport sector, 

(iii)  under the sign 

: ‘availability’, as defined in Article 3(b) of Directive 

2002/15/EC; 

(iv)  under the sign 

: breaks or rest. 

6. 

Each driver shall enter the following information on his record sheet: 

(a) 

on beginning to use the sheet — this surname and first name; 

(b) 

(c) 

the date and place where use of the sheet begins and the date and place where 
such use ends; 

the registration number of each vehicle to which the driver is assigned, both at 
the start of the  first journey recorded on the  sheet and  then, in  the  event  of a 
change of vehicle, during use of the sheet; 

(d) 

the odometer reading: 

(i) 

at the start of the first journey recorded on the sheet, 

(ii) 

at the end of the last journey recorded on the sheet, 

25 

OJ L 80, 23.3.2002, p. 35. 

EN 

27 

   EN 

 
                                                 
7. 

1. 

2. 

(iii) 

in the event of a change of vehicle during a working day, the reading on 
the first vehicle to which the driver was assigned and the reading on the 
next vehicle; 

(e) 

the time of any change of vehicle. 

The  driver  shall  enter  in  the  recording  equipment  referred  to  in  Annex  IB  the 
symbols  of  the  countries  in  which  the  daily  work  period  was  started  and  finished. 
However,  a  Member  State  may  require  drivers  of  vehicles  engaged  in  transport 
operations  inside  its  territory  to  add  more  detailed  geographic  specifications  to  the 
country  symbol  provided  that  the  Member  State  notified  them  to  the  Commission 
before 1 April 1998. 

It  shall  not  be  necessary  for  drivers  to  enter  this  information  if  the  recording 
equipment is automatically recording location data in accordance with Article 4. 

Article 31 
Damaged driver cards or record sheets 

In case of damage to a sheet bearing recordings or a driver card, drivers shall keep 
the damaged sheet or driver card together with the spare sheet used to replace it. 

Where a driver card is damaged, malfunctions, or is lost or stolen, the driver shall: 

(a) 

at the start of his journey, print out the details of the vehicle they are driving, 
and enter on that printout: 

(i) 

details that enable the driver to be identified (name, driver card or driving 
licence number), including his signature; 

(ii) 

the periods referred to in Article 30 (5) (b) (ii), (iii) and (iv); 

(b) 

at the end of the journey, print out the information relating to periods of time 
recorded  by  the  recording  equipment,  record  any  periods  of  other  work, 
availability and rest undertaken since the printout that was made at the start of 
the journey, where not recorded by the recording equipment, and mark on that 
document  details  that  enable  the  driver  to  be  identified  (name,  driver  card  or 
driver's licence number), including the driver's signature. 

Article 32 
Records to be carried by the driver 

1. 

Where  the  driver  drives  a  vehicle  fitted  with  the  recording  equipment  referred  to 
inAnnex  I,  the  driver  shall  be  able  to  produce,  whenever  an  inspecting  officer  so 
requests: 

(i) 

the  record  sheets  for  the  current  day  and  those  used  by  the  driver  in  the 
previous 28 days, 

(ii) 

the driver card if one is held, and  

EN 

28 

   EN 

 
(iii)  any manual record and printout made during the current day and the previous 

28 days as required under this Regulation and Regulation (EC) No 561/2006. 

2. 

Where the driver drives a vehicle fitted with the recording equipment referred to in 
Annex IB, he shall be able to produce, whenever an inspecting officer so requests: 

3. 

1. 

2. 

(i) 

his driver card , 

(ii) 

any manual record and printout made during the current day and the previous 
28 days as required under this Regulation and Regulation (EC) No 561/2006,  

(iii) 

the  record  sheets  corresponding  to  the  same  period  as  the  one  referred  to  in 
point (ii) during which he drove a vehicle fitted with the recording equipment 
referred to in Annex I.  

An  authorised  inspecting  officer  may  check  compliance  with  Regulation  (EC) 
No 561/2006 by analysis of the record sheets, of the displayed or printed data which 
have been recorded by the recording equipment or by the driver card or, failing this, 
by  analysis  of  any  other  supporting  document  that  justifies  non-compliance  with  a 
provision, such as those laid down in Articles 24(2) and 33(2) of this Regulation. 

Article 33 
Procedures in case of malfunctioning equipment 

In  the  event  of  breakdown  or  faulty  operation  of  the  recording  equipment,  the 
transport  undertaking  shall  have  it  repaired  by  an  approved  fitter  or  workshop,  as 
soon as circumstances permit. 

If  the  vehicle  is  unable  to  return  to  the  premises  within  a  period  of  one  week 
calculated from the day of the breakdown or of the discovery of defective operation, 
the repair shall be carried out en route. 

Measures  taken  by  Member  States  pursuant  to  Article  37  may  give  the  competent 
authorities  power  to  prohibit  the  use  of  the  vehicle  in  cases  where  breakdown  or 
faulty  operation  has  not  been  remedied  as  provided  in  the  first  and  the  second 
subparagraphs. 

While  the  recording  equipment  is  unserviceable  or  malfunctioning,  drivers  shall 
mark  data  enabling  identification  of  the  driver(name,  driver  card  or  driving  licence 
number), including a signature, as well as the information for the various periods of 
time  which  are  no  longer  recorded  or  printed  out  correctly  by  the  recording 
equipment: 

(a) 

on the record sheet or sheets, or 

(b)  on a temporary sheet to be attached to the record sheet or to be kept together 

with the driver card. 

EN 

29 

   EN 

 
CHAPTER VII 

Data protection, enforcement and sanctions 

Article 34 
Protection of personal data 

1. 

Member States shall ensure that the processing of personal data in the context of this 
Regulation  is  carried  out  in  accordance  with  Directives  95/46/EC  and  2002/58/EC 
and under the supervision  of  the public independent authority of the Member  State 
referred to in Article 28 of Directive 95/46/EC. 

2. 

Member States shall in particular ensure that personal data is protected in relation to: 

– 

– 

– 

– 

– 

the  use  of  a  global  navigation  satellite  system  (GNSS)  for  the  recording  of 
location data as referred to in Article 4, 

the use of remote communication for control purposes as referred to in Article 
5,  

the  use  of  recording  equipment  with  a  harmonised  interface  as  referred  to  in 
Article 6,  

the electronic exchange of information on driver cards as referred to in Article 
26,  

the keeping of records by transport undertakings as referred to Article 29. 

The recording equipment referred to in Annex IB shall be designed in such a way as 
to ensure privacy. Only data strictly necessary for the purpose of the processing shall 
be processed. 

The  owners  of  vehicles  and/or  transport  undertakings  shall  comply,  where 
applicable, with the relevant provisions on the protection of personal data. 

Article 35 
Training of control officers 

Member  States  shall  ensure  that  control  officers  are  appropriately  trained  for  the 
analysis of the data recorded and the control of the recording equipment.  

Member States shall inform the Commission about the training requirements for their 
control officers by [6 months after the date of application of this Regulation]. 

The  Commission  shall  adopt  decisions  on  the  methodology  for  the  initial  and 
continuing training of control officers, including on techniques to target controls and 
to detect manipulation devices and fraud. Those implementing acts shall be adopted 
in accordance with the advisory procedure referred to in Article 40(2). 

3. 

4. 

1. 

2. 

3. 

EN 

30 

   EN 

 
Article 36 
Mutual assistance 

Member States shall assist each other in applying this Regulation and in checking compliance 
therewith. 

Within  the  framework  of  this  mutual  assistance,  the  competent  authorities  of  the  Member 
States  shall  in  particular  regularly  send  to  each  other  all  available  information  concerning 
infringements to this Regulation related to fitters and workshops, and any penalties imposed 
for such infringements. 

Article 37 
Sanctions 

1. 

2. 

3. 

4. 

Member States shall lay down rules on penalties applicable to infringements of this 
Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are 
implemented.  Those  penalties  shall  be  effective,  proportionate,  dissuasive  and  non-
discriminatory. In the case of workshops which have infringed the provisions of this 
Regulation,  this  may  include  the  cancellation  of  approval  and  withdrawal  of  the 
workshop card.  

No  infringement  of  this  Regulation  shall  be  subjected  to  more  than  one  penalty  or 
procedure.  

The sanctions laid down by Member States for very serious infringements as defined 
in Directive 2009/5/EC shall be of the highest categories applicable in the Member 
State for infringements of road transport legislation. 

The Member States shall notify the Commission of these measures and the rules on 
penalties and sanctions by [date of application of this Regulation]. They shall inform 
the Commission about any subsequent change to these measures. 

CHAPTER VIII 

Final provisions 

Article 38 
Adaptation to technical progress 

The Commission shall be empowered to adopt delegated acts in accordance with Article 39 
for the purpose of adapting Annexes I, IB and II to technical progress. 

Article 39 
Exercise of the delegation 

1. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

EN 

31 

   EN 

 
2. 

3. 

4. 

5. 

1. 

2. 

The delegation of power referred to in Articles 4, 5, 6 and 38 shall be conferred for 
an indeterminate period of time from the [date of entry into force of this Regulation]. 

The delegation of powers referred to in Articles 4, 5, 6 and 38 may be revoked at any 
time  by  the  European  Parliament  or  by  the  Council.  A  decision  of  revocation  shall 
put  an  end  to  the  delegation  of  the  power  specified  in  that  decision.  It  shall  take 
effect the day following the publication of the decision in the Official Journal of the 
European Union or at a later date specified therein. It shall not affect the validity of 
any delegated acts already in force.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A delegated act adopted pursuant to Articles 4, 5, 6 and 38 shall enter into force only 
if no objection has been expressed either by the European Parliament or the Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall  be  extended  by  [2  months]  at  the  initiative  of  the  European  Parliament  or  the 
Council. 

Article 40 
Committee 

The  Commission  shall  be  assisted  by  a  committee.That  committee  shall  be  a 
committee within the meaning of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU)  No 
182/2011 shall apply. 

Where  the  opinion  of  the  committee  is  to  be  obtained  by  written  procedure,  that 
procedure shall be terminated without result when, within the time-limit for delivery 
of  the  opinion,  the  chair  of  the  committee  so  decides  or  a  simple  majority  of 
committee members so request. 

3. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

Where  the  opinion  of  the  committee  is  to  be  obtained  by  written  procedure,  that 
procedure shall be terminated without result when, within the time-limit for delivery 
of  the  opinion,  the  chair  of  the  committee  so  decides  or  a  simple  majority  of 
committee members so request. 

Article 41 
Tachograph Forum 

1. 

A  Tachograph  Forum  shall  be  set  up  in  order  to  support  dialogue  on  technical 
matters  concerning  the  recording  equipment  among  Member  States’  experts,  and 
experts  from  third  countries  which  are  using  the  recording  equipment  under  the 

EN 

32 

   EN 

 
2. 

3. 

4. 

5. 

6. 

European  agreement  concerning  the  work  of  crews  of  vehicles  engaged  in 
international road transport (AETR). 

Member States shall delegate an expert to the Tachograph Forum.  

The Tachograph Forum shall be open to participation by experts from interested non-
EU Contracting Parties to the AETR. 

Stakeholders,  representatives  of  vehicle  manufacturers,  tachograph  manufacturers 
and social partners, shall be invited to the Tachograph Forum. 

The Tachograph Forum shall adopt its rules of procedure. 

The Tachograph Forum shall meet at least once a year.  

Article 42 
Communication of national measures 

Member  States  shall  communicate  to  the  Commission  the  text  of  the  laws,  regulations  and 
administrative provisions which they adopt in the field governed by this Regulation no later 
than 30 days after their date of adoption and for the first time [12 months after the entry into 
force of this Regulation]. 

’ 

2) Annex I to Regulation (EEC) No 3821/85 is amended as follows:  

(a) 

(b) 

(c) 

(d) 

In Chapter I Definitions, point (b) is deleted. 

in Chapter III (c) , in point 4.1, the reference to "Article 15(3) , second indent (b), (c) 
and (d)  of the  Regulation" is  replaced  by "Article 30(5),  second indent (b), (c) and 
(d) of the Regulation " 

in  Chapter  III  (c)  ,  in  point  4.2,  the  reference  to  "Article  15  of  the  Regulation"  is 
replaced by "Article 30 of the Regulation" 

in Chapter IV (a) point 1, third subparagraph, the reference to "Article 15(5) of the 
Regulation" is replaced by "Article 30(6) of the Regulation ". 

3) Annex IB to Regulation (EEC) No 3821/85 is amended as follows: 

(a) 

(b) 

In Chapter I Definitions, points (l), (o), (t), (y), (ee), (kk), (oo) and (qq) are deleted: 

Chapter VI is amended as follows: 

(1) 

in the first paragraph, the reference to "Article 12(5) of Regulation (EEC) No 
3821/85  as  last  amended  by  Regulation  (EC)  No  2135/98"  is  replaced  by 
"Article 24(5) of Regulation (EEC) No 3821/85". 

(2)  Section 1 "Approval of fitters or workshops" is deleted. 

EN 

33 

   EN 

 
(c) 

In Chapter VIII, point 271, the reference to "Article 5 of this Regulation" is replaced 
by a reference to "Article 8 of this Regulation". 

Regulation (EC) No 561/2006 is amended as follows: 

Article 2 

The distance of ‘50 km’ referred to in points (d), (f) and (p) of Article 13(1) is replaced by 
‘100 km’. 

Article 3 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

It shall apply with effect from [one year after entry into force]. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

34 

   EN