Recording equipment in road transport ***I European Parliament legislative resolution of 3 July 2012 on the 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 (COM(2011)0451 – C7-0205/2011 – 2011/0196(COD))#P7_TC1-COD(2011)0196 Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Regulation (EU) No …/2012 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
Date: 2012-07-03
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: road transport, traffic control, transport safety, working conditions








CE2013349EN.01010502.xml










29.11.2013   


EN


Official Journal of the European Union


CE 349/105





Tuesday 3 July 2012Recording equipment in road transport ***I
P7_TA(2012)0271
European Parliament legislative resolution of 3 July 2012 on the 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 (COM(2011)0451 – C7-0205/2011 – 2011/0196(COD))
2013/C 349 E/21
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0451),










—


having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0205/2011),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 7 December 2011 (1),










—


having regard to the opinion of the European Data Protection Supervisor of 5 October 2011 (2),










—


after consulting the Committee of the Regions,










—


having regard to Rules 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Transport and Tourism (A7-0195/2012),










1.


Adopts its position at first reading hereinafter set out;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 43, 15.2.2012, p. 79.

(2)  OJ C 37, 10.2.2012, p. 6.


Tuesday 3 July 2012P7_TC1-COD(2011)0196
Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Regulation (EU) No …/2012 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 Committee (1),
After consulting the Committee of the Regions,
Having regard to the opinion of the European Data Protection Supervisor (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:






(1)


Council Regulation (EEC) No 3821/85 (4) lays down provisions concerning the construction, installation, use and testing of recording equipment

tachographs
. 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. [Am. 8, this amendment 'tachograph' applies throughout the text]











(2)


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.










(3)


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 harmonisation of certain social legislation relating to road transport (5). In order to ensure coherence, it should also be possible to exempt such vehicles from the scope of Regulation (EEC) No 3821/85.










(4)


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
, to reduce bureaucracy and to ensure that tachographs continue to develop in line with practice,
 whilst respecting the objectives of that Regulation, the maximum permissible distances set out therein should be revised. [Am. 2]











(5)


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

tachographs
 connected to a global navigation satellite system (GNSS) 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.










(6)


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 (6) requires Member States to carry out a minimum number of checks at the roadside. Remote communication between the recording equipment

tachograph
 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.










(7)


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

tachographs
 in order to ensure interoperability with ITS applications.










(8)


The security of the recording equipment

the tachograph
 and its system is essential to ensure that trustworthy data is produced. Manufacturers should therefore design, test and continuously review recording equipment

a tachograph
 throughout its life cycle in order to detect, prevent and mitigate security vulnerabilities.










(9)


Field tests of recording equipment

a tachograph
 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.










(10)


Fitters and workshops play an important part in the security of recording equipment

tachographs
. 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.










(11)


In order to ensure 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

tachograph
 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 of the European Parliament and of the Council of 20 December 2006 on driving licences (7) 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 recording equipment

tachographs
 and new manipulation techniques. In order to ensure more effective control, and to enhance the harmonisation of the approaches to control 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

tachographs
, as well as developing technologies for the recording of location data, remote communication and the interface with ITS 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 data (8) 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 sector (9) should be applied.










(16)


To ensure fair competition in the internal market for road transport and to give a clear message to drivers and transport undertakings, the 
definition of very serious infringements of this Regulation should be harmonised and binding in nature and the
 Member States' highest category of penalties should be imposed for very serious infringements (as set out 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) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (10), without prejudice to the principle of subsidiarity. 
Efforts should also be taken to ensure that the penalties imposed for any infringements are always effective, dissuasive and proportionate. In particular concrete steps should be taken to eliminate the practice of excessively high fines for minor infringements. [Am. 3]













(16a)






Different rules for calculating daily driving times lead to a lack of uniformity in the application of Regulation (EC) No 561/2006 and create legal uncertainty for international drivers and transport undertakings. In the interest of clear, effective, proportionate and uniform implementation of social security rules in road transport it is essential that the Member States’ authorities apply the rules in a uniform manner. [Am. 4]











(17)


Through the adaptations of the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR), signed in Geneva on 1 July 1970, including its six amendments, deposited with the Secretary-General of the United Nations, the use of the recording equipment referred to in Annex IB

digital tachograph
 has been made mandatory as regards vehicles registered in neighbouring third countries. As these countries are directly affected by changes to the recording equipment

tachographs
 introduced by this Regulation, they should be able to participate in dialogue on technical matters 
and on the establishment of a single electronic system for the exchange of information on driver cards
. A Tachograph Forum should accordingly be set up. [Am. 5, this amendment 'digital tachograph' applies throughout the text]











(18)


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 the supplementing of Annex IB with the technical specifications necessary for the automatic recording of the location data, for enabling remote communication and for ensuring an interface with ITS. 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 the Council.










(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 powers (11).










(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.












(21a)






The transport of passengers and goods takes place under very widely differing terms and conditions. Accordingly, a revision of the tachograph requirements and the rules on driving and rest periods for bus drivers should be submitted as soon as possible, and at any rate by the end of 2013. [Am. 6]













(21b)






Standards and specifications should be drawn up as open standards allowing for the incorporation into one and the same device, following examination by the Commission, of other functions such as accident recorders and 112 e-call. [Am. 7]











(22)


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




HAVE ADOPTED THIS REGULATION:

Article 1

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








(-1)






The title is replaced by the following:



“Council Regulation (EEC) No 3821/85 of 20 December 1985 on tachographs in road transport” [Am. 8]










(1)


Articles 1 to 21 are replaced by the following articles:
"CHAPTER I
Principles and

,
 scope 
and requirements [Am. 9]


Article 1


Subject matter and principle

principles [Am. 10]


1.
   This Regulation sets out 
the obligations and
 requirements for

in relation to
 the construction, installation, use and

,
 testing of recording equipment

and control of tachographs
 used in road transport to control compliance with 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 (12), Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (13) and Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (14). [Am. 11]



1a.
   
This Regulation sets out the conditions and requirements under which the information and data recorded, processed or stored by a tachograph as defined in Article 2 may be used for purposes other than the control of compliance with the legislation referred to in paragraph 1 of this Article. [Am. 12]



2.
   Recording equipment

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

Article 2


Definitions

1.   For the purposes of this Regulation the definitions set out in Article 4 of Regulation (EC) No 561/2006 shall apply.
2.   In addition to the definitions referred to in paragraph 1, for the purposes of this Regulation:






(a)


‘recording equipment

tachograph
’ means the equipment intended for installation in road vehicles to display, record, print, store and output automatically or semiautomatically details of the movement
, speed and weight
 of such vehicles and of certain work periods of their drivers

in relation to the different periods of time being part of the driver's daily working period, and of data referred to in Article 30 of this Regulation
; [Ams 13+147+148]











(b)


‘vehicle unit’ means the recording equipment

tachograph
 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. 
The vehicle unit includes a processing unit, a data memory, a real time clock, two smart card interface devices (driver and co-driver), a printer, a display, a visual warning, a calibration/downloading connector, and facilities for entry of user's inputs
; [Am. 14]











(c)


‘motion sensor’ means a part of the recording equipment

tachograph
, that provides a signal representative of vehicle speed and/or distance travelled;












(ca)






'weight sensor' means a part of the digital tachograph that provides information on the weight of the vehicle, therefore recording data on loading and unloading of the vehicle; [Am. 149]











(d)


‘tachograph card’ means a smart card intended for use with the recording equipment

tachograph
 which allows for identification by the recording equipment

tachograph
 of the role of the cardholder,

and his access rights to data
 and for data transfer and storage; [Am. 15]











(e)


‘record sheet’ means a sheet designed to accept and retain recorded data, to be placed in the recording equipment referred to in Annex I

analogue tachograph
 and on which the marking devices of the latter inscribe a continuous record of the information to be recorded; [Am. 16, this amendment 'analogue tachograph' applies throughout the text]











(f)


‘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;












(fa)






'analogue tachograph' means a tachograph using a record sheet in accordance with this Regulation; [Am. 17]













(fb)






'digital tachograph' means a tachograph using a tachograph card in accordance with this Regulation; [Am. 18]











(g)


‘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 
and in the workshop cards
 for reading, printing and/or downloading; [Am. 19]











(h)


‘company card’ means a tachograph card which is issued by the authorities of a Member State to the owner or holder of vehicles fitted with recording equipment

a tachograph and
 which identifies the owner or holder and allows for the displaying, downloading and printing of the data stored in the recording equipment

a tachograph
 which has been locked by that owner or holder;










(i)


‘workshop card’ means a tachograph card issued by the authorities of a Member State to a recording equipment

designated staff of a tachograph
 manufacturer, a fitter, a vehicle manufacturer or a workshop approved by that Member State which identifies the cardholder and allows for the testing and calibration of and/or downloading from the recording equipment

tachographs
; [Am. 20]











(j)


‘daily work

working
 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

which commences at the time when the driver activates the tachograph following a weekly or daily rest period, or, if the daily rest is divided into separate periods, following a rest period of at least nine hours' duration. It ends at the beginning of a daily rest period or, if the daily rest is divided into separate rest periods, at the beginning of a rest period extending over a minimum of nine consecutive hours
; [Am. 21]













(ja)






‘activation’ means the phase where the tachograph becomes fully operational and implements all functions, including security functions; activating a tachograph requires the use of a workshop card; [Am. 22]













(jb)






‘authentication’ means a function intended to establish and verify a claimed identity; [Am. 23]













(jc)






‘authenticity’ means the property that an information is coming from a party whose identity can be verified; [Am. 24]













(jd)






‘calibration’ means updating or confirming vehicle parameters to be held in the data memory. Vehicle parameters include vehicle identification and vehicle characteristics. Calibrating a tachograph requires the use of a workshop card; [Am. 25]













(je)






‘downloading’ means copying, together with the digital signature, of a part, or of a complete set of data files stored in the data memory of the vehicle or in the memory of the tachograph card, for which these data are necessary to establish compliance with the provisions set out in Regulation (EC) No 561/2006; [Am. 26]













(jf)






‘event’ means an operation detected by the tachograph which may come from a fraud attempt; [Am. 27]













(jg)






‘fault’ means an abnormal operation detected by the tachograph which may come from an equipment malfunction or failure; [Am. 28]













(jh)






‘installation’ means mounting of the tachograph in a vehicle; [Am. 29]













(ji)






‘non valid card’ means a card detected as faulty, or which initial authentication failed, or which start of validity date is not yet reached, or which expiry date has passed; [Am. 30]













(jj)






‘periodic inspection’ means a set of operations performed to control that the tachograph works properly and that its settings correspond to the vehicle parameters; [Am. 31]













(jk)






‘printer’ means a component of the tachograph which provides printouts of stored data; [Am. 32]













(jl)






‘repair’ means any repair of a motion sensor or of a vehicle unit that requires disconnection of its power supply, or disconnection from other tachograph components, or opening of it; [Am. 33]













(jm)






‘type approval’ means a process to certify, by a Member State, that the tachograph (or component), software or the tachograph card under investigation fulfils the requirements of this Regulation; [Am. 34]













(jn)






‘vehicle identification’ means the numbers identifying the vehicle: vehicle registration number (VRN) with indication of the registering Member State and vehicle identification number (VIN); [Am. 35]













(jo)






‘interoperability’ means the capacity of systems and the underlying business processes to exchange data and to share information and knowledge; [Am. 36]













(jp)






‘interface’ means a facility between systems which provides the media through which they can connect and interact. [Am. 37]






Article 3


Scope

1.   Recording equipment

Tachographs
 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.
2.   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.
3.   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.


3a.
   
By 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph within the meaning of this Regulation. [Am. 38]

4.   In the case of national transport operations, Member States may require the installation and use of recording equipment

tachographs
 in accordance with this Regulation in any of the vehicles for which installation and use of tachographs are not required by paragraph 1.

Article 3a


Essential requirements



1.
   
Tachographs, tachograph cards and record sheets shall be subject to stringent technical, functional and other requirements so as to ensure that they fulfil the essential requirements set out in paragraph 2 and that they achieve the objectives of this Regulation.




2.
   
To allow for compliance with the applicable social legislation to be efficiently controlled the tachograph shall comply with the following essential requirements. It shall to this effect:










(a)






record accurate and reliable data related to the driver activity and the vehicle;














(b)






be secure, in order to guarantee the integrity and the origin of the source of data recorded by and retrieved from vehicle units, motion sensors and tachograph cards;














(c)






be interoperable;














(d)






be user friendly.








3.
   
Tachographs shall be designed and used in such a way as to ensure privacy and the protection of personal data.




4.
   
Tachographs shall be positioned in the vehicle in such a way that they are fully reachable and readable from the driver's normal sitting position, allow the driver whilst driving to access and operate safely the necessary functions from a seated position and do not divert the driver's attention from the road.




5.
   
Downloading of data shall be performed with the minimum delay to transport undertakings or drivers.




6.
   
Downloading of data may not result in data being altered or deleted. The downloading of the detailed speed file may not be necessary to ensure compliance with Regulation (EC) No 561/2006, but may nonetheless be performed and used for other purposes, such as accident investigation. [Am. 39]


Article 3b


Functions of the tachograph



The tachograph shall ensure the following functions:










(1)






monitoring cards, insertions and withdrawals,














(2)






speed and distance measurement,














(3)






time measurement,














(4)






monitoring driver activities,














(5)






monitoring driving status,














(6)






drivers' manual entries,














(7)






entry of places where daily work periods begin and/or end,














(8)






manual entry of driver activities,














(9)






entry of specific conditions,














(10)






company locks management,














(11)






monitoring control activities,














(12)






detection of events and/or faults,














(13)






built-in and self tests,














(14)






reading from data memory,














(15)






recording and storing in data memory,














(16)






reading from tachograph cards,














(17)






recording and storing in tachograph cards,














(18)






displaying,














(19)






printing,














(20)






warning,














(21)






data downloading to external media,














(22)






output data to additional external devices,














(23)






calibration,














(24)






time adjustment,














(25)






indication of remaining driving time,














(26)






indication of rest time taken. [Am. 40]






Article 3c


Data to be recorded



1.
   
The digital tachograph shall record the following data:










(a)






distance travelled, and speed of the vehicle;














(b)






time measurement;














(c)






position of starting and ending of the driver's daily working period and of each transport operation;














(d)






identity of the driver;














(e)






activity of the driver;














(f)






calibration data, including the identity of the workshop;














(g)






events and faults.








2.
   
The analogue tachograph shall record at least the data referred to in paragraph 1 (a), (b) and (e).




3.
   
Access to the data stored in the tachograph may be granted at all times to:










(a)






the competent control authorities for control checks, and,














(b)






the relevant transport undertaking so that it can comply with its legal obligations, in particular as set out in Articles 28 and 29.








Access to data containing personal data shall only be granted after the appropriate authorisation in accordance with data protection legislation has been granted. [Am. 41]


Article 3d


Display



1.
   
The tachograph shall be able to display:










(a)






default data,














(b)






data related to warnings,














(c)






data related to menu access,














(d)






other data requested by the user in accordance with paragraph 1 of Article 3c,














(e)






information related to the driver:








—




if his current activity is "DRIVING", his current continuous driving time and his current cumulative break time,












—




if his current activity is "NOT DRIVING", the current duration of this activity (since it was selected) and his current cumulative break time.












2.
   
Additional information may be displayed by the tachograph, provided that it is clearly distinguishable from the information required above.




3.
   
When no other information needs to be displayed, the tachograph shall display, by default, the following:








—




time,












—




mode of operation,












—




current activity of the driver and the current activity of the co-driver.








The display of data related to each driver shall be clear, plain and unambiguous. In the event that the information related to the driver and the co-driver cannot be displayed at the same time, the tachograph shall display by default the information related to the driver and shall allow the user to display the information related to the co-driver.




4.
   
The tachograph shall display warning information in accordance with Article 3d. A literal description of the warning may also be added in the driver's preferred language. [Am. 42]


Article 3e


Warnings



1.
   
The tachograph shall warn the driver when detecting any event and/or fault. The tachograph shall warn the driver 15 minutes before and at the time of exceeding the maximum allowed continuous driving time.




2.
   
Warnings shall be visual. Visual warnings shall be clearly recognisable by the user, shall be displayed in the driver's field of vision and shall be clearly legible both by day and by night. Audible warnings may also be provided in addition to visual warnings.




3.
   
Warnings shall have a duration of at least 30 seconds, unless acknowledged by the user by pushing any key of the tachograph.




4.
   
The warning cause shall be displayed on the tachograph and remain visible until acknowledged by the user using a specific key or command of the tachograph. Additional warnings may be provided, as long as they do not confuse drivers compared to previously defined ones. [Am. 43]


Article 3f


Data protection and privacy



1.
   
The processing of personal data in the context of this Regulation shall be carried out in accordance with Directive 95/46/EC and Directive 2002/58/EC and under the supervision of the public independent authority of the relevant Member State referred to in Article 28 of Directive 95/46/EC.




2.
   
Only data strictly necessary for the purpose of the processing shall be processed.




3.
   
The specifications referred to in this Regulation shall ensure the confidentiality of the personal data recorded, processed and stored by the tachograph, data integrity and prevent fraud and unlawful manipulation of this data.




Appropriate security measures shall be adopted to guarantee that personal data is protected in particular 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 tachographs 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 in Article 29.








4.
   
The owners of vehicles and/or transport undertakings shall comply with the relevant provisions on the protection of personal data.




5.
   
In order to promote good data protection practices, the European Data Protection Supervisor and the Article 29 Working Party of Data Protection Authorities shall be part of the Tachograph Forum foreseen in Article 41 of this Regulation.




6.
   
Any cross-border exchanges of data with third country authorities in the context of the application of this Regulation shall require the existence of appropriate data protection safeguards to ensure that an adequate level of protection is guaranteed, in compliance with Articles 25 and 26 of Directive 95/46/EC. [Am. 44]


Article 3g


Specifications



1.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 39 to adopt the detailed specifications necessary to amend and supplement the Annexes to this Regulation to ensure that the tachograph, the tachograph cards and software used by control officers for the analysis and interpretation of data stored in the tachograph comply with the principles and requirements set out in this Regulation, in particular in Chapters I and II.




2.
   
The Commission shall adopt the detailed specifications referred to in paragraph 1 by … (15).




3.
   
Where relevant, and depending on the area covered by the specification, the specification may include one or more of the following types of provisions:










(a)






functional provisions that describe the roles of the various users and the information flow between them;














(b)






technical provisions that provide for the technical means to fulfil the functional provisions and requirements set down in this Regulation;














(c)






organisational provisions that describe the procedural obligations of the various stakeholders;














(d)






service provisions that describe the various levels of services and their content.








4.
   
The specifications shall, where appropriate, be based on standards and shall guarantee the interoperability and compatibility between the various versions and generations of vehicle units, tachograph cards and equipment of enforcement authorities.




5.
   
In relation to the performance of the functions of the smart tachograph referred to in Chapter II, the specifications shall include the necessary requirements to guarantee the accuracy and reliability of data provided by the use of external devices connected to the tachograph.




6.
   
Any data that can be transmitted or collected in or out of the tachograph whether wirelessly or electronically, whether forming part of a legal requirement or not, shall be in the form of publicly available protocols.




7.
   
The Commission shall conduct an impact assessment including a cost-benefit analysis prior to the adoption of the specifications referred to in Chapter II. [Am. 45]

CHAPTER II
Smart recording equipment

tachographs



Article 4


Recording of location data



1.
   Location data shall be recorded to allow the identification of the starting and ending place of the daily work period.

In order to facilitate verification of compliance with the relevant legislation, the position of the starting and ending place of the daily working period and of each transport operation shall be recorded automatically. For that purpose, vehicles put into service for the first time 48 months

24 months
 after the entry into force of this Regulation

the specifications referred to in this Article and in Article 3g
 shall be fitted with a 
tachograph
 connected to a GNSS. [Am. 46]



1a.
   
As regards the connection of the tachograph to a GNSS, as referred to in paragraph 1, use shall be made only of satellite positioning service connections that exploit a positioning service free of charge. No location data other than those expressed, wherever possible, in geographical coordinates for determining the starting and ending place referred to in paragraph 1 shall be stored in the tachograph. [Am. 47]



2.
   The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning the supplementing of Annex IB with

development of
 the detailed technical specifications necessary to enable the processing of the location data received from the GNSS by the recording equipment

tachograph as set out in this Article.




In particular, the specifications shall comply with the following conditions:








—




they shall be based on the use of a free of charge GNSS service;












—




only the location data strictly needed to cross check the information recorded by the tachograph by control authorities shall be automatically and compulsorily recorded;












—




a data protection impact assessment shall be carried out and made publicly available before the adoption of the delegated acts referred to in this Article;












—




the use of authenticated signals shall not be compulsory as far as they cannot be obtained free of charge.








The specifications shall establish the type of events that may trigger an automatic record of position and the situation for which a manual record should remain possible. The specifications shall specify the different conditions and requirements for the GNSS receiver to be both outside or embedded in the tachograph, and when outside how to correlate GNSS with other vehicle motion data. [Am. 48]



2a.
   
Any other use of the location data recorded by the tachograph shall be voluntary for transport undertakings and shall comply with the legal framework in the Union on data protection. [Am. 49]


Article 5


Remote communication for control purposes


early detection of possible manipulation or misuse
 [Am. 50]
1.   In order to facilitate targeted roadside checks by the competent control authorities, the recording equipment

tachograph
 installed in vehicles put into service

registered
 for the first time 48 months

24 months
 after the entry into force of the this Regulation

specifications as referred to in this Article and Article 3g
 shall be able to communicate 
data to those authorities
 while the vehicle is in motion to those authorities. [Am. 51]



1a.
   
Member States shall equip their control authorities with the remote early detection equipment necessary to permit the data communication referred to in this Article. [Am. 52]

2.   
The
 communication 
of data referred to in paragraph 1
 shall be established with the recording equipment

tachograph
 only when so requested by the equipment of the control authorities. It shall be secured to ensure data integrity and authentication of the tachograph and control equipment. 
The access to the data communicated shall be restricted to enforcers authorised to control infringements of this Regulation and Regulation (EC) No 561/2006 and to workshops insofar as it is necessary to verify the correct functioning of the tachograph. [Am. 53]

3.   The data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks. 
Such data shall relate to the following events or data recorded by the tachograph:








—




The latest security breach attempt












—




The longest power supply interruption












—




Sensor fault












—




Motion data error












—




Vehicle motion conflict












—




Driving without a valid card












—




Card insertion while driving












—




Time adjustment data












—




Calibration data including the dates of the two latest calibrations












—




Vehicle Registration Number






Data concerning the identity 
and nationality
 of the driver, driver activities and speed shall not be communicated. [Am. 54]

4.   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 
or judicial bodies, in the framework of an ongoing judicial procedure
. [Am. 55]

5.   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

their communication unless the data indicate a possible manipulation or misuse of the tachograph. If in the course of the subsequent roadside check the manipulation or misuse is not confirmed, the data transmitted shall be deleted. Data related to vehicle identification or to a technical parameter not containing any personal data can be used by control authorities for statistical purposes
. [Am. 56]

6.   The owner or holder of

The transport undertaking which operates
 the vehicle shall be responsible for informing the driver of the possibility of remote communication. [Am. 57]

7.   
In no case shall a remote control communication of the type described in this Article lead to automatic fines or penalties for the driver or undertaking.
 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

tachograph
. 
The result of the remote communication shall not prevent control authorities from carrying out random roadside checks based on the risk rating system introduced by Article 9 of 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) No 3821/85 concerning social legislation relating to road transport activities (16). [Am. 58]

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

development of
 the detailed technical specifications necessary to enable remote communication between the recording equipment

tachograph
 and the competent control authorities as set out in this Article. 
The Commission may also extend the time limit referred to in paragraph 1 if it can show at the end of that period that no suitable equipment meeting the required specifications is yet available. [Ams 59+122]


Article 6


Intelligent Transport Systems (ITS)

1.   The recording equipment referred to in Annex IB

digital tachograph
 shall be interoperable with the ITS applications as defined in Article 4 of Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (17).


1a.
   
Only data recorded by the tachograph that are strictly necessary for processing in an ITS application may be accessible.




Data recorded by the tachograph may be transmitted to ITS applications provided that the following conditions are met:










(a)






the interface does not affect the authenticity and the integrity of the data of the tachograph;














(b)






the external device connected to the interface has access to personal data, including geopositioning data, only after the verifiable consent of the driver to which the data relates. [Am. 60]





2.   For the purpose of paragraph 1, vehicles put into service for the first time [48 months

24 months
 after the entry into force of this Regulation]

the technical specifications referred to in this Article
 shall be fitted with recording equipment

a tachograph
 equipped with a harmonised interface allowing the data recorded or produced to be used for an ITS application. [Am. 61]

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning the supplementing

development
 of Annex IB with the specifications of the 
harmonised
 interface, access rights and the list of data which may be accessed.


The Commission may also extend the time limit referred to in paragraph 1 if it can show at the end of that period that no suitable equipment meeting the required specifications is yet available.




Priority shall be given to the development of a harmonised ITS application which enables drivers to interpret the data recorded in the tachograph in order to help them comply with social legislation. [Ams 62+123]

CHAPTER III
Type approval

Article 7


Applications

1.   Manufacturers or their agents shall submit an application for EU approval of a type of vehicle unit, 
weight sensor,
 motion sensor, model record sheet, tachograph card 
or software used by the competent control authorities to interpret data,
 to the type approval authorities designated to that effect by each Member State 
and whose certification conditions are recognised by the management committee of the Senior Official Group on Information Security (SOG-IS) within the framework of the European mutual recognition agreement. The Commission shall consult the management committee of the SOG-IS agreement before any decision is made to recognise a certification body from a third country
. [Ams 63+150]

2.   Member States shall communicate to the Commission 
at the latest three months after … (18)

 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. [Am. 64]



2a.
   
Type approval of tachographs and of tachograph cards shall include security related tests, functional tests and interoperability tests. Positive results for each of these tests shall be stated on an appropriate certificate. [Am. 65]

3.   An application for type approval shall be accompanied by the appropriate specifications and by the

security, functional and interoperability
 certificates referred to in Section VIII of Annex IB. The Commission shall appoint the independent evaluators who will deliver the security certificate. 
It shall also provide information on how the elements of the tachograph are to be sealed. [Am. 66]



3a.
   
The security certificate stating compliance with security targets shall be delivered in accordance with the provisions of this Regulation. The security certificate shall be issued by a certification body recognised by the Commission.




A functional certificate shall be delivered to the manufacturer only after all functional tests specified in accordance with this Regulation, certifying that the item tested fulfils the appropriate requirements in terms of functions performed, measurement accuracy and environmental characteristics, have been successfully passed. The type approval authority shall deliver the functional certificate.




An interoperability certificate shall be delivered by a single laboratory under the authority and responsibility of the Commission. The interoperability tests, certifying that the tachographs or tachograph card are fully interoperable with the necessary tachographs or tachograph card models, shall be carried out in accordance with this Regulation. No interoperability tests shall be carried out by the laboratory for tachograph or tachograph cards that have not been granted a security certificate and a functionality certificate, except in the exceptional circumstances described in this Regulation. [Am. 67]



3b.
   
Any modification in software or hardware of the tachograph or in the nature of materials used for its manufacture shall, before being used, be notified to the authority which granted type-approval for the equipment. This authority shall confirm to the manufacturer the extension of the type approval, or may require an update or a confirmation of the relevant functional, security and/or interoperability certificates. [Am. 68]

4.   An application in respect of any one type of vehicle unit, motion sensor, model record sheet or tachograph card may only be submitted to one Member State.

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 
or software for the interpretation of data stored by the tachograph by control authorities
 which complies with the requirements laid down in Annexes I or IB

set out in the specifications referred to in this Regulation
, provided that the Member State is in a position to check that production models conform to the approved type. [Am. 69]

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 
or software for the interpretation of data stored by the tachograph by control authorities, which they approve, send within one month a copy of the approval certificate accompanied by copies of the relevant specifications, 
including information about the seals
, to the authorities of the other Member States. [Am. 70]

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.   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.
2.   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.
3.   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 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.   An applicant for EU type approval of a model record sheet shall state on the application the type or types of recording equipment referred to in Annex I

analogue tachographs
 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.
2.   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

analogue tachographs
 for 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, 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


tachographs


No Member State may refuse to register vehicles fitted with recording equipment

tachographs
, 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.   Manufacturers shall design, test and review vehicle units, motion sensors
, weight 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. 
The frequency of tests shall be established by the Member State which granted the approval certificate, within a limit which shall not exceed two years. [Ams 71+151]

2.   For this purpose, manufacturers shall submit appropriate documentation to the independent evaluator

certification body as
 referred to in Article 7(3)

Article 7(3a)
 for vulnerability analysis. [Am. 72]

3.   Independent evaluators

For the purpose of paragraph 1, the certification body as referred in Article 7(3a)
 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. [Am. 73]



3a.
   
If in the course of the tests referred to in paragraphs 1 and 3, vulnerabilities in the vehicle unit, motion sensor or tachograph cards are detected, these elements shall not be put on the market. In such cases, the Member State which has granted the type approval shall withdraw it, in accordance with Article 11(2). [Am. 74]



3b.
   
When a manufacturer or the certification body referred to in Article 7(3a) identifies a very serious vulnerability in the vehicle unit, motion sensor or tachograph cards and these elements have already been put on the market, the manufacturer or the certification body as referred in Article 7(3a) shall inform the competent authorities of that Member State without delay. [Am. 75]



3c.
   
Member States shall take all the necessary measures to ensure that the problem referred to in paragraph 3b is addressed, in particular by the manufacturer, and shall inform the Commission without delay of the vulnerabilities detected and of the measures envisaged or taken. [Am. 76]


Article 16


Field tests

1.   Member States may authorise field tests of recording equipment

a tachograph
 which has not yet been type approved. Member States shall mutually recognise authorisations for field tests granted by one Member State.
2.   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).
3.   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).
CHAPTER IV
Installation and inspection

Article 17


Installation and repair

1.   Recording equipment

Tachographs
 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.
2.   
Approved
 fitters or workshops shall seal the recording equipment

tachograph according to the specifications included in the type approval certificate referred to in Article 10, after having verified that it is functioning properly and in particular that no manipulation device can tamper with or alter the data recorded. [Am. 77]

3.   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

digital tachograph
, 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.
4.   For the purpose of certifying that the installation of the recording equipment

tachograph
 took place in accordance with the requirements of this Regulation, an installation plaque affixed as provided for in Annexes I and IB shall be used.

5.   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.
[Am. 78]


Article 17a


Sealing



1.
   
The following part of the tachograph shall be sealed:








—




any connection which, if disconnected, would cause undetectable alterations to be made or undetectable data loss;












—




the installation plaque, unless it is attached in such a way that it cannot be removed without the markings thereon being destroyed.








2.
   
A seal may be removed only by the fitters or workshops approved by the competent authorities under Article 17(1) or by certified control officers, or in the circumstances described in this Regulation.




3.
   
Each time that a seal is broken a written statement giving the reasons for such action shall be prepared and made available to the competent authority. [Am. 79]


Article 18


Inspections of the recording equipment


tachographs



Recording equipment

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


These inspections shall include the following minimum checks:










(1)






that the tachograph is working properly;














(2)






that the tachograph carries the type approval mark;














(3)






that the installation mark is affixed;














(4)






that the seals on the tachograph and on other parts of the installation are intact;














(5)






that there are no manipulation devices attached to the tachograph. [Am. 80]





Workshops shall draw up an inspection report in cases where irregularities in the functioning of the recording equipment

tachograph
 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.

Article 19


Approval of fitters and workshops

1.   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

tachographs
.
2.   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

tachographs
. 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 %

20 %
 of the approved workshops per year. [Am. 81]





4.   Member States 
and their competent authorities
 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

in the event of a serious risk of conflict of interest
, 
additional specific measures shall be taken to ensure that the fitter or the workshop complies with this Regulation
. [Am. 82]

5.   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.
6.   Member States shall withdraw approval, either temporarily or permanently, from fitters and workshops failing to meet their obligations under this Regulation.


6a.
   
Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for tachographs on the internet. Member States shall inform the Commission of their activities in this regard; the Commission shall then make the information available to all other EU control authorities in order to make the newest practises in fraudulent installation and manipulation known to all of them. [Am. 152]


Article 20


Workshop cards

1.   The period of administrative validity of workshop cards shall not exceed one year. 
When renewing the workshop card, the competent authority shall ensure that the criteria listed in Article 19(2), are met by the fitter or workshop. [Am. 83]

2.   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.
3.   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.
4.   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

1.   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

15 days
 of the request being received by the competent authority. [Am. 84]

2.   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.
3.   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.


3a.
   
Without prejudice to their place of habitual residence and in order to ensure fair competition in international road transport, the individual employment contract of international drivers shall be governed by the law of the country in which, or alternatively, from which, in the light of all the factors which characterise his activities, the driver carries out, on a regular basis, the greater part of his obligation towards his employer, in performance of his contract. [Am. 132]

4.   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.
5.   For administrative purposes, the driver card shall not be valid for more than five years.
6.   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, 
as soon as possible
, indicating the reasons for returning it

withdrawal or suspension. [Am. 85]

7.   Driver cards shall be issued only to applicants who are subject to the provisions of Regulation (EC) No 561/2006.
8.   Member States shall take all necessary measures to prevent driver cards from being falsified.

Article 22


Use of driver cards

1.   The driver card is personal.
2.   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

1.   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.
2.   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.
3.   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

1.   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.
2.   If a driver card is damaged or if it malfunctions, the driver shall return it to the competent authority of the Member State of normal residence. Theft of the driver card must be formally declared to the competent authorities of the State where the theft occurred.
3.   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.
4.   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 State of normal residence. These authorities shall supply a replacement card within five working days after receiving a detailed request to that effect.
5.   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

1.   Driver cards issued by Member States shall be mutually recognised.
2.   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.
3.   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.
4.   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

1.   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










—




Valid
 driving licence number and country of issue of the driving licence (if applicable) [Am. 86]











—


Status of the driver card




2.   The Commission and the Member States shall take all necessary measures to ensure that the electronic registers are interconnected and accessible throughout the Union
, using the TACHOnet Messaging System or a compatible system
. [Am. 87]

3.   When 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.
4.   Control officers may

shall
 have access to the electronic register in order to control the status of a driver card. [Am. 88]

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.


Within 24 months of … (19), the Commission is to carry out an Impact Assessment on the feasibility and merits of merging all of the cards used by professional drivers, in particular the driver card with the driver licence, in order to reduce the amount of card fraud currently taking place. The Commission shall examine in particular all the technical solutions available, card compatibility problems and data protection related issues. The Commission shall communicate its findings to the European Parliament within 30 months of … (19). [Am. 89]

CHAPTER VI
Use of equipment

Article 28


Correct use of recording equipment


tachographs


1.   The transport undertaking, the vehicle owner and the drivers shall ensure the correct functioning and proper use of the recording equipment

tachograph
 and the driver card where the driver is required to drive a vehicle fitted with the recording equipment referred to in Annex IB

a digital tachograph. Whenever an analogue tachograph is used the transport undertaking and the driver shall ensure its correct functioning and the proper use of the record sheet. [Am. 90]



1a.
   
The digital tachograph shall not be set in a way that it automatically switches to a specific indication when the vehicle's engine or ignition is switched off. The driver shall be able to choose manually a category, depending on his activity or rest after the switch off. [Am. 91]

2.   It shall be forbidden to falsify, conceal, suppress or destroy data recorded on the record sheet, stored in the recording equipment

tachograph
 or on the driver card, or print-outs from the recording equipment referred to in Annex IB

digital tachograph
. Any manipulation of the recording equipment

tachographs
, 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.
3.   Vehicles shall not be fitted with more than one recording equipment

tachograph
 except for the purposes of the field tests referred to in Article 16.
4.   Member States shall forbid the production, distribution, advertising and/or selling of devices constructed and/or intended for the manipulation of recording equipment

tachographs
.


4a.
   
Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for tachographs on the internet. [Am. 153]


Article 29


Responsibility of the undertaking









-1.






The transport undertaking shall:










(1)






give to drivers it employs or who are at its disposal the necessary training and instructions as regards the correct functioning of tachographs;














(2)






make regular checks to ensure that the drivers it employs or who are at its disposal make correct use of tachographs and;














(3)






not give to drivers it employs or who are at its disposal any direct or indirect incentives that could encourage the misuse of tachographs. [Am. 92]















1.


The transport undertaking shall issue a sufficient number of record sheets to drivers of vehicles fitted with an recording equipment referred to in Annex I

analogue tachograph
 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 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 a recording equipment referred to in Annex IB

digital tachograph
 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.










2.


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.










3.


A transport undertaking shall be liable for infringements against this Regulation committed by drivers of the undertaking 
or by those at its disposal. Whilst
 Member States 
can
 hold transport undertakings fully liable, 
in doing so
 Member States may 
nonetheless
 consider any evidence that 
demonstrates that
 the transport undertaking cannot reasonably be held responsible for the infringement committed.

Controlling authorities shall make regular checks in accordance with Article 10(4) of Regulation (EC) No 561/2006. [Ams 94+124+133]





Article 30


Use of driver cards and record sheets

1.   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.
2.   Drivers shall adequately protect the record sheets or driver cards, and shall not use dirty or damaged sheets or cards.
3.   When as a result of being away from the vehicle, a driver is unable to use the recording equipment

tachograph
 fitted to the vehicle, the periods of time referred to in points (ii) and (iii) of paragraph 5(b) shall:






(a)


if the vehicle is fitted with an recording equipment referred to in Annex I

analogue tachograph
, be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet; or










(b)


if the vehicle is fitted with a recording equipment referred to in Annex IB

digital tachograph
, be entered onto the driver card using the manual entry facility provided in the recording equipment

tachograph
.




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

Member States shall not impose a requirement on drivers to present forms attesting to their activities while being
 away from the vehicle. [Am. 95]

4.   Where there is more than one driver on board a vehicle fitted with a recording equipment referred to in Annex IB

digital tachograph
, each driver shall ensure that his driver card is inserted into the correct slot in the recording equipment

tachograph
.
Where there is more than one driver on board a vehicle fitted with an recording equipment referred to in Annex IB

analogue tachograph
, 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, 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 — his surname and first name;










(b)


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










(c)


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,










(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.




7.   The driver shall enter in the recording equipment referred to in Annex IB

digital tachograph
 the symbols of the countries in which the daily work

working
 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. [Am. 96]

It shall not be necessary for drivers to enter this information if the recording equipment

tachograph
 is automatically recording location data in accordance with Article 4.

Article 31


Damaged driver cards or record sheets

1.   In case of damage to a sheet bearing recordings or to a driver card, drivers shall keep the damaged sheet or driver card together with the spare sheet used to replace it.
2.   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

tachograph
, 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

tachograph
, 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 an recording equipment

analogue tachograph
 referred to in Annex 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










(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 a recording equipment referred to in Annex IB

digital tachograph
, he shall be able to produce, whenever an inspecting officer so requests:






(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 an recording equipment referred to in Annex I

analogue tachograph
.




3.   An authorised

A certified
 inspecting officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed or

,
 printed 
or downloaded
 data which have been recorded by the recording equipment

tachograph
 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. [Am. 97]



3a.
   
The Commission shall carry out a study of enforcement regimes in all the Member States, within 18 months of the first Enforcement Officer Certificates being awarded, to establish how many certified officers there are in each Member State.




Thereafter, Member States shall report to the Commission on an annual basis, detailing the training received by officers, and the numbers of active Enforcement Officers who have obtained the European Enforcement Certificate. [Am. 98]


Article 33


Procedures in case of malfunctioning equipment

1.   In the event of breakdown or faulty operation of the recording equipment

tachograph
, 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

shall include the power of the competent authorities
 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 of this Article. [Am. 99]



In this respect the Commission will check that national and foreign vehicles are treated in the same way in order to prevent discrimination. [Am. 100]

2.   While the recording equipment

tachograph
 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

tachograph:








(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.




CHAPTER VII

Data protection, Enforcement and penalties [Am. 101]



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.






3.   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.


4.   The owners of vehicles and/or transport undertakings shall comply, where applicable, with the relevant provisions on the protection of personal data.
[Am. 102]


Article 34a


Control officers



1.
   
In order to effectively monitor compliance with this Regulation sufficient standard equipment and appropriate legal powers shall be available to all certified control officers to enable them to carry out their duties in accordance with this Regulation. In particular:










(a)






Certified control officers shall be in possession of control cards allowing access to data recorded in the tachograph and in the tachograph cards, including the workshop card.














(b)






Certified control officers shall have the relevant harmonised and standardised tools and type-approved software to download data files of the vehicle unit and the tachograph cards and to be able to analyse speedily such data files and print-outs from the digital tachograph in combination with sheets or charts from the analogue tachograph.








2.
   
If after having carried out a check certified control officers find enough evidence leading to reasonable suspicion of fraud, they shall be empowered to direct the vehicle to an authorised workshop to perform further tests in order to control, in particular:










(a)






that the tachograph works properly;














(b)






that the tachograph records and stores data correctly, and














(c)






that the calibration parameters are correct.








3.
   
Certified control officers shall be empowered to instruct authorised workshops to perform the test mentioned in paragraph 2 and specific tests designed to test for the presence of manipulation devices. If manipulation devices are detected, the equipment, including the device itself, the vehicle unit or its components, and the driver card, may be removed from the vehicle and be used as evidence in compliance with national rules of procedure relating to the handling of such evidence.




4.
   
Certified control officers shall make use of the possibility to check tachographs and driver cards which are on site during a check of the premises of the undertaking.




5.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 39 to develop the technical and functional specifications in relation to the equipment referred to in paragraph 1 of this Article. [Am. 103]


Article 35


Training of control officers

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

tachographs
.
2.   Member States shall inform the Commission about the training requirements for their control officers by … (20).


2a.
   
The Commission shall adopt decisions to establish a common system of training of control officers by … (21). [Am. 104]

3.   The Commission shall adopt decisions on the

a
 methodology for the initial and continuing training of control officers, including on techniques to target controls and to detect manipulation devices and fraud. 
This methodology shall be based on guidelines providing a common interpretation of this Regulation and Regulation No (EC) 561/2006 in order to guarantee a uniform analysis of data recorded by a tachograph in all Member States.
 Those implementing acts shall be adopted in accordance with the advisory

examination
 procedure referred to in Article 40(2)

Article 40(3)
. [Am. 105]



3a.
   
By … (22) control officers shall pass an examination in order to obtain a European Enforcement Certificate. This harmonised certification shall prove that they have the appropriate skills to efficiently execute their control tasks as defined in this Regulation, in particular in relation to Article 34a. [Am. 106]



3b.
   
The Commission shall adopt decisions on the requirements and contents of the examination referred to in paragraph 3a of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 40(3). [Am. 107]



3c.
   
The Commission shall present to the European Parliament and the Council a report every two years regarding the number of control officers following the training in each Member State and obtaining the European Enforcement Certificate. [Am. 108]


Article 35a


Very serious infringements



The following infringements in relation to the obligations set out in this Regulation, due to their special gravity and possible consequences for road safety, shall be considered as very serious infringements in the legislation of Member States:










(1)






In relation to the obligations concerning the installation of tachographs: the installation and use of a non type-approved tachograph;














(2)






In relation to the obligations concerning the use of tachographs, driver card or record sheet:










(a)






the use of a tachograph not complying with the obligations related to inspection referred to in Article 18;














(b)






the use of a tachograph not properly inspected, calibrated or sealed;














(c)






the use of a driver card which is not valid;














(d)






an undertaking not keeping record sheets, printouts and downloads;














(e)






a driver holding more than one valid driver card;














(f)






the use of a driver card which is not the driver’s own valid card;














(g)






the use of a defective or expired driver card;














(h)






recorded and stored data not available for at least 365 days;














(i)






the use of dirty or damaged sheets or driver cards and data which are not legible;














(j)






incorrect use of record sheets/driver cards;














(k)






record sheet or driver card used to cover a period longer than that for which it is intended and data is lost;














(l)






not using manual input when required to do so;














(m)






not using correct sheets or driver cards in the correct slot (multimanning).


















(3)






In relation to the obligation to fill in information: first name and surname missing on record sheet.














(4)






In relation to the obligation to produce information:










(a)






a refusal to be checked;














(b)






an unjustified lack of records for the current day:














(c)






an unjustified lack of records for the previous 28 days;














(d)






an unjustified lack of records of the driver card if the driver holds one;














(e)






an unjustified lack of manual records and printouts made during the current week and the previous 28 days;














(f)






unable to produce a driver card;














(g)






unable to produce print outs made during the current week and the previous 28 days.


















(5)






Breakdown:



Tachograph not repaired by an approved fitter or workshop.













(6)






Manual input on printouts:










(a)






driver not marking all information for the periods of time which are no longer recorded while the tachograph is unserviceable or malfunctioning;














(b)






driver card number and/or name and/or driving licence number missing on temporary sheet;














(c)






loss or theft of driver card not formally declared to the competent authorities of the Member State where the loss or theft occurred.


















(7)






In relation to fraud:










(a)






to falsify, suppress, or destroy data recorded on record sheets, stored in the tachograph or on the driver card or print-outs from the tachograph;














(b)






manipulation of tachograph, record sheet, driver card or company card which results in data and/or printout information being falsified;














(c)






manipulation device that could be used to falsify data and/or printout information present in the vehicle. [Am. 109]










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 of this Regulation related to fitters and workshops, 
types of manipulation practices,
 and any penalties imposed for such infringements. [Am. 110]


Article 36a


Telephone Hotline



The Commission shall install a website and an EU-wide hotline telephone number that can be called free of charge and anonymously by drivers or any other concerned stakeholder wishing to report fraud that falls under the scope of this Regulation. [Am. 111]


Article 37


Penalties

1.   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.
2.   No infringement of this Regulation shall be subject to more than one penalty or procedure.
3.   The penalties laid down by Member States for very serious infringements as set out in Directive 2009/5/EC

Article 35a of this Regulation
 shall be of the highest categories applicable in the Member State for infringements of road transport legislation. [Am. 112]

4.   The Member States shall notify the Commission of these measures and the rules on penalties by … (23). 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.


The Commission shall adopt the detailed specifications referred to in Articles 4, 5 and 6 by … (24). It may adopt delegated acts pursuant to Article 39 to extend that time limit if it can show at that date that no suitable equipment meeting the required specifications is yet available. [Am. 125]


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.
2.   The delegation of power to adopt delegated acts referred to in Articles 4, 5, 6 and 38

Articles 3g, 4, 5, 6 and 34a
 shall be conferred 
on the Commission
 for an indeterminate

a
 period of time

five years
 from the [date of entry into force of this Regulation]

… (25)

. 
The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 113]

3.   The delegation of powers referred to in Articles 4, 5, 6 and 38

Articles 3g, 4, 5, 6 and 34a
 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. [Am. 114]

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5.   A delegated act adopted pursuant to Articles 4, 5, 6 and 38

Articles 3g, 4, 5, 6 and 34a
 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or the Council. [Am. 115]


Article 40


Committee

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

tachographs
 among Member States’ experts, and experts from third countries which are using the recording equipment

tachographs
 under the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR).
2.   Member States shall nominate an expert to the Tachograph Forum.
3.   The Tachograph Forum shall be open to participation by experts from interested non-EU Contracting Parties to the AETR.
4.   Stakeholders, representatives of vehicle manufacturers, tachograph manufacturers and social partners, shall be invited to the Tachograph Forum.
5.   The Tachograph Forum shall adopt its rules of procedure.
6.   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] … (26).










(2)


Annex I is amended as follows:






(a)


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










(b)


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;"










(c)


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










(d)


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 is amended as follows:






(a)


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










(b)


Chapter VI is amended as follows:






(i)


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";










(ii)


Section 1 "Approval of fitters or workshops" is deleted.














(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".









Article 2

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








(-1)






In Article 2, paragraph 1, point (a) is replaced by the following:










“(a)






of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 2,8 tonnes, or”. [Am. 134]

















(-1a)






In Article 3, the following point is inserted:










“(aa)






vehicles or combinations of vehicles used for carrying materials, equipment or machinery for the driver's use in the course of his work, and which are used only within a 100 kilometre radius from the base of the undertaking and only on condition that driving the vehicle does not constitute the driver's main activity;”. [Ams 126+135]

















(-1b)






In Article 7, the following paragraph is added:



“By way of derogation from the first and second paragraphs, a driver engaged in the carriage of passengers shall, after a driving period of four-and-a-half hours, take a break of not less than 45 minutes. This break may be replaced by a number of breaks of at least 15 minutes.”. [Am. 127]












(-1c)






In Article 8, paragraph 6a is replaced by the following:




"6a.
   
By way of derogation from paragraph 6, a driver engaged in the carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services (27), may postpone the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period, provided that:










(a)






the driver takes one regular weekly rest period after the use of the derogation;














(b)






a total weekly rest period of 140 hours is observed within a four-week period. [Am. 128]















(1)




In Article 13, paragraph 1 is replaced by the following:


"1.   Provided the objectives set out in Article 1 are not prejudiced, each Member State may grant exceptions from Articles 5 to 9 and make such exceptions subject to individual conditions on its own territory or, with the agreement of the States concerned, on the territory of another Member State, applicable to carriage by the following:






(a)


vehicles owned or hired, without a driver, by public authorities to undertake carriage by road which do not compete with private transport undertakings;










(b)


vehicles used or hired, without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100 km from the base of the undertaking;










(c)


agricultural tractors and forestry tractors used for agricultural or forestry activities, within a radius of up to 100 km from the base of the undertaking which owns, hires or leases the vehicle;










(d)


vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used 
for the purpose of delivering postal items.
 These vehicles shall be used only within a 
100 kilometre
 radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity; [Am. 117]











(e)


vehicles operating exclusively on islands not exceeding 2 300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles;










(f)


vehicles used for the carriage of goods within a 
100 km
 radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible mass of which, including the mass of a trailer or semi-trailer, does not exceed 7,5 tonnes;










(g)


vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers;










(h)


vehicles used in connection with sewerage, flood protection, water, gas and electricity maintenance services, road 
construction,
 maintenance and control, door-to-door household refuse collection and disposal, telegraph and telephone services, radio and television broadcasting, and the detection of radio or television transmitters or receivers; [Am. 118]











(i)


vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers;










(j)


specialised vehicles transporting circus and funfair equipment;










(k)


specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary;










(l)


vehicles used for milk collection from farms 
and/or
 the return to farms of milk containers or 
the delivery of
 milk products intended for animal feed; [Am. 119]











(m)


specialised vehicles transporting money and/or valuables;










(n)


vehicles used for carrying animal waste or carcasses which are not intended for human consumption;










(o)


vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals;










(p)


vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses within a radius of up to 
100 km.














(q)






vehicles used in construction traffic for the supply and delivery of building materials."






[Am. 120]





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] … (28).

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


For the European Parliament


The President




For the Council


The President





(1)  OJ C 43, 15.2.2012, p. 79.

(2)  OJ C 37, 10.2.2012, p. 6.

(3)  Position of the European Parliament of 3 July 2012.

(4)  OJ L 370, 31.12.1985, p. 8.

(5)  OJ L 102, 11.4.2006, p. 1.

(6)  OJ L 102, 11.4.2006, p. 35.

(7)  OJ L 403, 30.12.2006, p. 18.

(8)  OJ L 281, 23.11.1995, p. 31.

(9)  OJ L 201, 31.7.2002, p. 37.

(10)  OJ L 29, 31.1.2009, p. 45.

(11)  OJ L 55, 28.2.2011, p. 13.

(12)  OJ L 102, 11.4.2006, p. 1.

(13)  OJ L 80, 23.3.2002, p. 35.

(14)  OJ L 57, 2.3.1992, p. 27.

(15)  






+



Date: two years after the date of entry into force of this Regulation.






(16)  OJ L 102, 11.4.2006, p. 35.

(17)  OJ L 207, 6.8.2010, p. 1."

(18)  






+



Date of entry into force of this Regulation.






(19)  






+



Date of entry into force of this Regulation.






(20)  






+


Date: six months after the date of entry into force of this Regulation.





(21)  






++



Date: 12 months after the date of entry into force of this Regulation.






(22)  






+



Date: 24 months after the date of entry into force of this Regulation.






(23)  






+


Date of application of this Regulation.





(24)  






+



Date: two years after entry into force of this Regulation.






(25)  






++



Date of entry into force of this Regulation.






(26)  






+


Date: 12 months after the date of entry into force of this Regulation.





(27)  

OJ L 300, 14.11.2009, p. 88."



(28)  Date: 12 months after the date of entry into force of this Regulation.