CELEX: 51998PC0355
Language: en
Date: 1998-07-02
Title: Re-examined proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC on the implementation of Regulations (EEC) Nos 3820/85 and 3821/85

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        Brussels, 02.07.1998
                                        COM(1998) 355 final
                                        94/0187 (SYN)
                    Re-examined proposal for a
                 COUNCIL REGULATION (EC)
        amending Council Regulation (EEC) No 3821/85 on
               recording equipment in road transport
                    and Directive 88/599/EEC on
the implementation of Regulations (EEC) Nos 3820/85 and 3821/85
    (presented by the Commission pursuant to Article 189 c (d)
                        of the EC Treaty)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
On 31 March 1998 the European Parliament amended the common position on the
abovementioned proposal adopted by the Council on 11 December 1997. These
amendments are annexed hereto.
Pursuant to Article 189 c (d) of the EC Treaty, the Commission has reexamined its
proposal and has incorporated the following amendments:
- amendment 2 which covers not only driver cards but also the entire range of smart
    cards provided for in Annex IB;
- amendment 3 which permits either the general or separate type-approval of the
    recording equipment components ;
- amendments 4, 5, 6, 7, 8, 9, 10 and 13 which clarify or reinforce certain provisions of
    the common position designed, in particular, to ensure the operating safety of the new
    recording equipment;
- amendment 11 which, in respect of the recording equipment in conformity with Annex
     IB, requires the separate recording of working time and standby time;
- amendment 12 which defines the type of print-outs which the driver must be in a
    position to produce in the case in point.
On the other hand, the Commission does not intend to adopt amendment 1 seeking to
 introduce a new recital calling on the Council and Commission to ensure that agreement
 is reached without delay with the other AETR States on the adoption of identical
 arrangements. In point of fact, this recital does not introduce any regulatory provision
 into the body of law set out in the proposal for a Regulation. Moreover, the substance of
 this amendment has been transcribed into a joint Commission and Council declaration to
 be entered in the minutes of the Council meeting at which the Regulation is eventually
 adopted.
 Consequently, the text of the Commission's reexamined proposal now reads as follows: :
                                               ^
 ---pagebreak---                                 Reexamined proposal for a
                             Council Regulation (EC) No .../98
                   amending Council Regulation (EEC) No 3821/85 on
                          recording equipment in road transport
                               and Directive 88/599/EEC on
          the implementation of Regulations (EEC) Nos 3820/85 and 3821/85
Text initially proposed by the Commission I                    Reexamined proposal
                                       (Amendment 1)
                                        ARTICLE 1(2)
 Articles 4 to 9, 11 and 15(1) and (2), first subparagraph (Regulation (EEC) No 3821/85)
2) Articles 4, 6, 7, 8, 9 and 11    and 15(1)   I 2) Articles 4, 5, 6, 7, 8 and 11 shall be
and (2), first subparagraph          shall be      amended by adding the words 'or memory
amended by adding the words         'or driver     card' where reference is made to 'record
card' where reference is made      to 'record      sheets'.
sheets'.
                                                   Article 15(1) and (2), first subparagraph
                                                   shall be amended by adding the words 'or
                                                   driver card' where reference is made to
                                                   'record sheets'.
                                       (Amendment 2)
                                 ARTICLE 1(2 BIS) (new)
  Article 4 (to be inserted before the first subparagraph), new subparagraph (Regulation
                                      (EEC) No 3821/85)
                                                   2 bis) In Article 4, the following new
                                                   subparagraph shall be inserted before the
                                                   first subparagraph:
                                                    For the purposes of this Chapter, the words
                                                    'recording      equipment'   shall    mean
                                                    "recording equipment or components
                                                    thereof.
                                        (Amendment 3)
                                  ARTICLE 1(4)-a) (new)
                        Article 12(1) (Regulation (EEC) No 3821/85)
                                                    - a) The following subparagraphs shall be
                                                     added to paragraph 1:
                                                 I
                                             3
 ---pagebreak---                                                The period of administrative validity of
                                               approved workshop and fitter cards shall
                                               not exceed one year.
                                               If a card issued to an approved workshop
                                               or fitter is to be extended, malfunctions, or
                                               is lost or stolen, the authority shall supply a
                                               replacement card within live working days
                                               of receiving a detailed request to that
                                               effect.
                                               Where a new card is issued to replace an
                                               old one, the new card shall bear the same
                                               'workshop' information number, but the
                                               index shall be increased by one. The
                                               authority issuing the card shall maintain a
                                               register of lost, stolen or defective cards.
                                               The Member States shall taken any
                                                measure necessary to prevent the cards
                                               distributed to approved fitters and
                                                workshops from being falsified.'
                                      (Amendment 4)
                                      ARTICLE 1(4) a)
                       Article 12(2) (Regulation (EEC) No 3821/85)
2. The approved fitter or workshop shall        2. The approved fitter or workshop shall
place a special mark on the seals which it      place a special mark on the seals which it
affixes and, in addition, shall enter the       affixes and, in addition, shall enter, for
electronic security data for carrying out the   recording equipment in conformity with
authentication checks for recording             Annex IB, the electronic security data for
equipment in conformity with Annex IB.          carrying      out,     in    particular,    the
The competent authorities of each Member        authentication checks. The competent
State shall maintain a register of the marks    authorities of each Member State shall
and electronic security data used.              maintain a register of the marks and
                                                electronic security data used and of
                                                approved workshop and fitter cards issued.
                                       (Amendment 5)
                                       ARTICLE 1(4) b)
                        Article 12(3) (Regulation (EEC) No 3821/85)
 b)      In paragraph 3 the words 'and b) Paragraph 3 is hereby amended as
 electronic security data' shall be added after follows:
 the word 'marks'.
                                           ^
 ---pagebreak---                                                 '3. The competent authorities of the
                                               Member States shall inform each other of
                                               the lists of approved fitters and workshops
                                               and the cards issued to them and shall
                                               forward to each other copies of the marks
                                               and of the necessary elements relating to
                                               the electronic security data used'.
                                       (Amendment 6)
                                 ARTICLE 1(4) c bis) (new)
                      Article 12(5) (Regulation (EEC) No 3821/85)
                                               c bis) In paragraph 5 the words 'or in
                                               Annex IB, section VI(c)' shall be inserted
                                               after the words 'paragraph 4'.
                                       (Amendment 7)
                                      ARTICLE 1(6) b)
                Article 14(3) c bis) (new) (Regulation (I iC) No 3821/85)
                                                c bis) The competent authorities of the
                                                issuing Member State shall ensure that the
                                                applicant does not already hold a valid
                                                driver card.
                                       (Amendment 8)
                                      ARTICLE 1(6) b)
        Article 14(4) a), first four subparagraphs (Regulation (EEC) No 3821/85)
4. a) The competent authority of the 4. a) The competent authority of the
Member State shall personalise the driver Member State shall personalise the driver
card in accordance with the provisions of card.
Annex IB.
For administrative purposes, the driver card     For administrative purposes, the driver card
may not be valid for more than five years.       may not be valid for more than five years.
The driver may hold one driver card only.        The driver may hold one valid driver card
The driver is authorised to use only his         only. The driver is authorised to use only
own personalised driver card. The driver         his own personalised driver card. The
shall not use a driver card which is             driver shall not use a driver card which is
defective or which has expired.                  defective or which has expired.
When a new driver card is issued replacing When a new driver card is issued replacing
the old one, the new card shall bear the the old one, the new card shall bear the
same driver card issue number but the same driver card issue number but the
index shall be increased by one. The index shall be increased by one. The
                                               J
 ---pagebreak--- issuing authority shall keep records of lost issuing authority shall keep records of
or defective driver cards.                       issued, stolen, lost or defective driver cards
                                                 for a period at least equivalent to their
                                                 period of administrative validity.
                                       (Amendment 9)
                                       ARTICLE 1(6) b)
                       Article 14(5) (Regulation (EEC) No 3821/85)
5. Member States shall ensure that data          5. Member States shall ensure that data
needed to monitor compliance with                needed to monitor compliance with
Regulation (EEC) No 3820/85 and Council          Regulation (EEC) No 3820/85 and Council
Directive 92/6/EEC of 10 February 1992           Directive 92/6/EEC of 10 February 1992
on the installation and use of speed             on the installation and use of speed
limitation devices for certain categories of     limitation devices for certain categories of
motor vehicles in the Community which            motor vehicles in the Community which
are recorded by recording equipment in           are recorded and stored by recording
conformity with Annex IB to this                 equipment in conformity with Annex IB to
Regulation are stored for at least 365 days      this Regulation are stored and can be made
after the date of their recording and that       available for at least 365 days after the date
they can be made available under                 of their recording under conditions that
conditions that guarantee the security and       guarantee the security and accuracy of the
accuracy of the data.                            data.
                                                 The Member States shall take any
                                                 measures necessary to ensure that the resale
                                                 or     decommissioning        of     recording
                                                 equipment cannot detract, in particular,
                                                  from the satisfactory application of this
                                                 paragraph.
                                       (Amendment 10)
                                       ARTICLE 1(7) b)
                       Article 15(4) (Regulation (EEC) No 3821/85)
b) Paragraph 4 shall be replaced by the Deleted
following:
(deleted)
 L
   4. Each Member State may permit all the
periods referred to in paragraph 3, second
 indent (b) and (c) to be recorded under the
 sign for vehicles registered in its territory.'
                                             C
 ---pagebreak---                                        (Amendment 11)
                                       ARTICLE 1(7) e)
       Article 15(7), first subparagraph, third indent (Regulation (EEC) No 3821/85)
         print-outs from the recording                    print-outs from the recording
equipment defined in Annex IB if he drove        equipment defined in Annex IB relating to
a vehicle fitted with such recording             the periods of time indicated in paragraph
equipment during the period referred to in       3, second indent (a), (b), (c) and (d) if he
the first indent.                                drove a vehicle fitted with such recording
                                                 equipment during the period referred to in
                                                 the first indent.
                                       (Amendment 12)
                                       ARTICLE 1(8) a)
              Article 16(2), first subparagraph (Regulation (EEC) No 3821/85)
2. While the recording equipment is              2. While the recording equipment is
unserviceable or malfunctioning, drivers         unserviceable or malfunctioning, drivers
shall mark on the record sheet or sheets, or     shall mark on the record sheet or sheets, or
on a temporary sheet to be attached to the       on a temporary sheet to be attached to the
record sheet or to the driver card, all          record sheet or to the driver card, on which
information for the various periods of time      he shall enter data enabling him to be
which are no longer recorded or printed out      identified (driver's card number and/or
correctly by the recording equipment.            name and/or driving licence number),
                                                  including his signature, all information for
                                                  the various periods of time which are no
                                                  longer recorded or printed out correctly by
                                                  the recording equipment.
                                           1
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 355 final
                                             DOCUMENTS
EN                                                               07 02     01
                                    Catalogue number : CB-CO-98-370-EN-C
                                                             ISBN 92-78-37016-9
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