CELEX: 51995PC0550
Language: en
Date: 1995-11-21
Title: Amended proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) 3821/85 and Council Directive 88/599/EEC on recording equipment in road transport (Tachograph)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     Brussels, 21.11.1995
                                     COM(95) 550 final
                                     94/0187 (SYN)
                   Amended proposal for a
              COUNCIL REGULATION (EC)
      amending Council Regulation (EEC) 3821/85
           and Council Directive 88/599/EEC
on recording equipment in road transport (Tachograph)
 (presented by the Commission pursuant to Article 189 a (2)
                     of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                EXPLANATORY MEMORANDUM
Background
      On 22.7.1994, the Commission sent to the Council a proposal for a Council
      Regulation (EC) amending Council Regulation (EEC) 3821/85 and Council
      Directive 88/599/EEC on recording equipment in road transport (Tachograph)
      (doc. COM(94)323 final - 94/0187(SYN)1.
      The purpose of this proposal is to provide for the mandatory fitment of an
      additional element to the current tachograph system. The current equipment
      records data onto a cardboard disk, the tachograph chart, by means of a stylus.
      The additional element would use electronic technology to upgrade the existing
      equipment into an integrated on-board automatic data processing system, which
      would operate in conjunction with a drivers 'Smart Card'.
      The proposal also allows for the tachograph chart to be replaced by digital
      technology providing that it delivers comparable accuracy and security.
      The technical specification of the new equipment is laid down in Annex IA of the
     proposal.
      On 22.2.19952, the Economic and Social Committee adopted its opinion.
      On 13.7.19953, the European Parliament approved the proposal at its first reading.
     The opinions of both the European Parliament and the Economic and Social
     Committee were generally supportive of the aims the proposal. The European
     Parliament, wishing to define as far as possible the new technology, also proposed
     an additional annex, Annex IB, which lays down as far as possible the technical
     specification of recording equipment in which the tachograph chart is replaced by
     an electronic memory.
   1
     OJ n* C 243, 31.8.1994, p. 8.
   2
     OJ n - C
   3
     OJ n* C
 ---pagebreak---    The Commission accepts 20 of the 32 requests.
   However, the Commission could not accept the other amendments proposed for
   the following reasons :
   Amendment to recital 2a (new) because the Commission does have the competence
   referred to.
   Amendment to recital 5a (new) because it is self evident and therefore need not be
   stated.
   Amendment to recital 7 which is not relevant.
   Amendment to recital 7a (new) as roadside checks are a valuable enforcement tool
   both within member states and on international journeys.
   Amendment to recital 9 because it would not be reasonable to set a deadline for
   abolishing the existing system when alternative technology is not yet past the
   development stage.
   Amendments to recital 13 and article 1(8) [Article 18 (Regulation 3821/85)] as we
   believe the current IIIA Committee is appropriate.
   Amendments to recital 15 and article 2(1) because to require retrofitting of
   vehicles from 1985 would place additional costs on industry and therefore
   seriously compromise compliance.
   Amendments to article 1(3) [Articles 4 to 8, 11 and 15 (Regulation 3821/85)] and
   article 1(4) [Article 14(5a) (new) (Regulation 3821/85)] as they imply that the
   drivers card is not an essential element in all new systems.
   Amendment to article 5a (new) as this implies that the Commission's proposal
   does not contain electronic elements.
B. The Commission therefore modifies its proposal as follows :
    Amendments 1 to 5 are textual changes and additions which clarify the intentions
    of the proposal.
    Amendments 6 to 13, 15 to 18 and 20 which are relevant to the creation of Annex
    IB defining the new digital technology.
    Amendment 14 which improves the security of data.
    Amendment 19 which removes the requirement for an external warning signal.
                                        -3
 ---pagebreak---                                             Amended proposal for a
                                         COUNCIL REGULATION (EC)
                              amending Council Regulation (EEC) 3821/85
                                      and Council Directive 88/599/EEC
                    on recording equipment in road transport (Tachograph)
The proposal from the Commission forming the subject of document COM(94)323 final-
94/0187 (SYN)1 is hereby amended as follows :
 Initial text proposed by the Commission                                Amended text
                                               Amendment 1
                                                  Recital 2
 Whereas economic pressures on transport                Whereas, due to the economic pressures
 undertakings and therefore on the                      and competition in road transport which
 individual driver works against respecting             affect individual drivers employed in that
 the necessary social hours and speed                   sector, it is difficult to ensure respect for
 restrictions and that current enforcement              driving and rest times and speed limits:
 does not provide a sufficient incentive to
 counter gross infringement:
        OJ N" C 2 4 3 , 31.8.1994, p. 8.
                                                    -4 -
 ---pagebreak--- Initial text proposed by the Commission                      Amended text
                                      Amendment 2
                                        Recital 3
Whereas this gross infringement is            Whereas gross infringements present a
unacceptable to the individual driver,        road safety hazard and are unacceptable
adversely affects equitable competition       for reasons of competition for the
and presents a road safety hazard;            individual driver who does respect the
                                              rules:
Initial text proposed by the Commission                      Amended text
                                      Amendment 3
                                        Recital 4
Whereas road safety would be enhanced         Whereas road safety would be enhanced
by the encouragement of sensible driving      by the automatic recording and regular
through the automatic recording of other      monitoring, both within the undertaking
details of a vehicle's journey, such as       and by external authorities, of details of
 speed and distance covered;                  the driver's performance and behaviour
                                              and of the vehicle's journey, such as
                                               speed and distance covered;
 ---pagebreak--- Initial text proposed by the Commission                    Amended text
                                    Amendment 4
                                  Recital 4a (new)
                                            Whereas the recording of a large number
                                            of details such as the time and place of
                                            operation for drivers and vehicles, the
                                            distance travelled, speed and fuel
                                            consumption can encourage sensible
                                            driving and rational management:
                                        -6
 ---pagebreak--- Initial text proposed by the Commission                       Amended text
                                      Amendment 5
                                         Recital 5
Whereas it is essential that any future        Whereas it is essential that any future
system maintains the benefits with at least    system should be more accurate, more
the same degree of accuracy, reliability       reliable and less susceptible to fraud than
and acceptability of the current system        the current system, that all required data
which over the past four decades has           can be recorded and stored, and that low-
improved compliance with national and          cost expansion of its functions for fleet
Community law:                                 management should be possible:
Initial text proposed by the Commission                       Amended text
                                      Amendment 6
                                         Recital 8
Whereas the introduction of the driver         Whereas the introduction of new
card should put an end to many of the          advanced equipment may put an end to
most common abuses of the present              abuses of the present system ensuring that
system ensuring that data recorded is          data recorded are readily available in the
readily available by visual display, is        undertaking and in the vehicle, are
unambiguous, easily intelligible, reliable     unambiguous, easily intelligible, reliable
and, above all, provides an indisputable       and, above all, provide an indisputable
record of the driver's actions for the last    record of the driver's actions for the last
twenty eight days of driving;                  twenty eight days of driving;
                                            -7
 ---pagebreak--- Initial text proposed by the Commission                       Amended text
                                      Amendment 7
                                        Recital 11
Whereas this Regulation, as far as it          Whereas this Regulation, as far as it
concerns the specification of the driver       concerns the specification of the driver
card, applies the "new approach" to            card and/or other electronic apparatus,
technical harmonised standards by              applies the "new approach" to technical
establishing a general framework for the       harmonised standards by establishing a
equipment specification, leaving detailed      general framework for the equipment
requirements to industrial standardisation     specification, leaving detailed
procedures;                                    requirements to industrial standardisation
                                               procedures;
Initial text proposed by the Commission                       Amended text
                                      Amendment 8
                                        Recital 12
Whereas it is appropriate to provide for a     Whereas it is at the same time
simplified procedure for the adaptation of     appropriate to provide in this Regulation
the technical aspects of this Regulation       for the technical aspects of the installation
and the provision of alternative systems       of alternative systems, which at least
which fulfil the same essential functions;     fulfil the same essential functions;
 ---pagebreak--- Initial text proposed by the Commission                         Amended text
                                       Amendment 9
                                          Recital 14
Whereas the approval of an alternative          Whereas the approval of an alternative
system will be dependent upon the degree         system will be dependent upon the degree
to which that system at least fulfils the        to which that system at least fulfils the
function of the system described in Annex        function of the system described in
1A ;                                             Annex 1A or IB ;
Initial text proposed by the Commission                         Amended text
                                       Amendment 10
                                        Article 1 (2)
                               Article 1 (Regulation 3821/85)
2.       Article 1 is amended by adding          2.      Article 1 is amended by adding
         "or 1A" after "Annexes I".                      "or 1A or IB" after "Annexes I".
Initial text proposed by the Commission                         Amended text
                                       Amendment 11
                             Article 1 (4), introductory phrase
                              Article 14 (Regulation 3821/85)
4.       Third, fourth and fifth paragraphs      4.      Third, fourth paragraphs and
         are added to Article 14 as follows:             paragraphs 5a and 5b are added to
                                                         Article 14 as follows:
                                             -9
 ---pagebreak--- Initial text proposed by the Commission                       Amended text
                                      Amendment 12
                                        Article 1 (4)
                            Article 14 (5) (Regulation 3821/85)
5.       Member States may require that         5a.    Member States shall take the
         the driver data stored on the smart           necessary measures to ensure that
         card are archived by the                      the driver data stored on the smart
         undertaking or its competent                  card are archived by the
         authorities. In such cases they               undertaking or its competent
         may require that data transmission            authorities. The data transmission
         is noted on the driver card (time,            required for this purpose shall be
         company name)."                               noted on the driver card (time,
                                                       company name)."
                                            - 10
 ---pagebreak--- Initial text proposed by the Commission                     Amended text
                                     Amendment 13
                                       Article 1 (4)
                       Article 14 (5b) (new) (Regulation 3821/85)
                                               5b.   Member States shall ensure that
                                                     the digitally processed data
                                                     concerning the driver are stored
                                                     and transmitted under the
                                                     responsibility of the competent
                                                     authorities or otherwise under a
                                                     system that guarantees the security
                                                     and correctness of the data.
                                             11
 ---pagebreak--- Initial text proposed by the Commission                         Amended text
                                     Amendment 14
                                   Article 1 (5a) (new)
                         Article 15a (new) (Regulation 3821/85)
                                               5a.      The following Article 15a is
                                                        added:
                                                                 "Article 15a
                                                It is prohibited to falsify, suppress or
                                               destroy data recorded on the record sheet
                                                or stored in the recording equipment or
                                                on the driver card. The same applies to
                                                manipulation of the recording equipment,
                                                record sheet or driver card which may
                                                result in data being falsified, suppressed
                                                or destroyed. No device which could be
                                                used to this effect shall be present on the
                                                vehicle. "
                                           - 12
 ---pagebreak--- Initial text proposed by the Commission                     Amended text
                                     Amendment 15
                                       Article 1 (7)
                           Article 17 (2) (Regulation 3821/85)
                                           - 13
 ---pagebreak--- 2. New annexes may be adopted in         New annexes may be adopted in
   accordance with the same              accordance with the same
   procedure in order to establish       procedure in order to establish
   technical requirements for            technical requirements for
   recording equipment in which the      recording equipment in which the
   record sheet, and its recording       record sheet, and its recording
   facility as defined in Annex 1A       facility as defined in Annex 1A
   are replaced by technology which      are replaced by technology which
   delivers comparable accuracy and      delivers comparable accuracy and
   resolution. That technology may       resolution as described in Annex
   record data in digital form.          IB. That technology may record
   However, the function of the          data in digital form. However,
   record sheet with regard to its       the function of the record sheet
   usefulness in providing a visual      with regard to its usefulness in
   record of the driver's hours, data    providing a visual record of the
   and speed shall be replicated in a    driver's hours, data and speed
   printout which shall be available     shall be replicated in a printout
   on demand. The technical              which shall be available on
   requirements of those new             demand. The technical
   Annexes shall contain procedures      requirements of those new
   for downloading the recorded          Annexes shall contain procedures
   data. The functioning and             for downloading the recorded
   specifications of the driver card     data. The functioning and
   together with its interface to the    specifications of the driver card
   recording equipment and the visual    together with its interface to the
   display will be that described in     recording equipment and the
   Annex 1A to this regulation.          visual display will be that
                                         described in Annex 1A to this
                                         regulation.
                                      14
 ---pagebreak---     2a. Annex IB lays down the
        procedure for establishing the
        technical specifications for
        recording equipment in which the
        record sheet or recording device
        referred to in Annex 1A is
        replaced by digital recording of
        data, the so-called "black box", in
        such a way that this equipment at
        least satisfies the same essential
        functions as the equipment
        provided for in Annex 1A on the
        understanding that compatibility in
        the read-out of data shall be
        guaranteed.
- 15
 ---pagebreak--- Initial text proposed by the Commission                        Amended text
                                      Amendment 16
                                        Article 1 (9)
                              Annex 1A (Regulation 3821/85)
9.       A new annex, AnnexlA, is added.        9.     New annexes 1A and IB are
                                                       added.
Initial text proposed by the Commission                        Amended text
                                      Amendment 17
                             Article 2 (2), Introductory phrase
         Vehicles that entered into service            Vehicles that entered into service
         from 1 January 1990 and prior to              from 1 January 1990 and prior to
         1 January 1996 shall, before                   1 January 1996 shall, before
         1 January 2000, be equipped with               1 January 2000, be equipped with
         recording equipment referred to in            recording equipment referred to in
         Annex 1A to this Regulation with               Annex 1A or Annex IB to this
         the exemption from the following               Regulation, if they are equipped
         requirements of Annex 1A :                     with the equipment referred to in
                                                        Annex 1A. with the exemption
                                                        from the following requirements
                                                        of Annex 1A :
                                              16
 ---pagebreak--- Initial text proposed by the Commission                        Amended text
                                       Amendment 18
                                           Article 3
As from 1 January 1997 Member States             As from 1 January 1997 Member States
shall no longer grant EEC type approval          shall no longer grant EEC type approval
to any new type of recording equipment           to any new type of recording equipment
which does not comply with the                   which does not comply with the
provisions of Annex 1A of this                   provisions of Annex 1A or IB of this
Regulation.                                      Regulation.
Initial text proposed by the Commission                        Amended text
                                       Amendment 19
                        Annex 1A, III, (c), 4 (Regulation 3821/85)
         An external warning signal, visible     Deleted
         to other road users, shall be made
         whenever the driver has driven in
         excess of any legal period of
         driving time or if the vehicle is
         used without a driver card in
         place. In cases of necessity, this
         signal can be interrupted by
         breaking a sealed switch.
                                            - 17
 ---pagebreak--- Initial text proposed by the Commission                   Amended text
                                   Amendment 20
                                  Annex IB (new)
                                           A new Annex IB is added to read as
                                           follows where it differs from Annex 1A:
                                            1(a)  Recording equipment means ...and
                                                  a data memory.
                                            Kb)    Mass storage device means:
                                                   an electronic storage system for
                                                   data (memory) built into the
                                                   recording equipment, capable of
                                                   storing x days from the recording
                                                   equipment. The memory should
                                                   be protected in such a was as to
                                                   make unauthorized access to and
                                                   manipulation of the data
                                                   impossible.
                                        - 18
 ---pagebreak---    IKâ)  (renumbering after deletion of
         point 6 of Annex 1A lia)
         Point 6 is point 7 of Annex 1A Ha
         Point 7 is point 8 of Annex 1A lia
         Point 8 is point 9 of Annex 1A Ha
    IKd) Recording and storing in case of
         two drivers
         ... The equipment must further be
         capable of recording and storing
         in the memory simultaneously but
         distinctly details of the
         information listed under IKa) 4
         and 5 on two driver cards.
- 19
 ---pagebreak---   urn
  1.5.   Deleted
  (L.    Measurement of time (clock)
  6.1.   The measurement of time is
         effected automatically in the
         memory.
  (renumbering after deletion of points 6.2.
  and 6.3. of Annex 1A IH(a)
  Point 6.2. is point 6.4 of Annex 1A 111(b)
  L.      Lighting and protection
  7.4.. second paragraph: deleted
  111(d) Recording instruments (new text)
          Recording instruments should
          record:
          1. distance travelled .
          2. speed
          3. time
20
 ---pagebreak---    IH(f) Closing device (new text)
         The output from the memory shall
         not be capable of manipulation by
         the driver or any other person and
         this must be made visible on the
         installation itself or by means of
         an indication of the time which is
         locked inside the memory.
   IV.   DRIVER CARD
         (renumbering of headings after
         deletion of (b) and (c)
   (a)    Insertion/removal
   (b)   Driving without driver card
         The start of driving times without
         the driver card, i.e. where the
         driver card has not been inserted.
         or without a functioning driver
         card must be especially marked or
         indicated in the memory.
    (c)  Memory capacity of the driver
         card
   (d)    Visible data
    (e)   Downloading of data
    (Q    Standards
-21 -
 ---pagebreak---                             VI    RECORD SHEETS (deleted)
                            Consequently,
                            Chapter VI (1A) becomes Chapter V (IB)
                            Chapter VII (1A) becomes Chapter VI
                            01)
                 Remainder unchanged
Done at Brussels               For the Council
                         22
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 550 final
                                              DOCUMENTS
EN                                                                       07 15
                                     Catalogue number : CB-CO-95-586-EN-C
                                                             ISBN 92-77-95848-0
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