Article 35 Damaged driver cards and record sheets
1. In the event of damage to a record sheet bearing recordings or to a driver card, drivers shall keep the damaged record sheet or driver card together with any spare record 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 he is 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 points (ii), (iii) and (iv) of Article 34(5)(b); (b) at the end of the journey, print out the information relating to periods of time recorded by the tachograph, record any periods of other work, availability and rest taken since the printout made at the start of the journey, where not recorded by the tachograph, and mark on that document details enabling the driver to be identified (name, driver card or driving licence number), including the driver’s signature.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The driving and resting times of drivers have been regulated under EU law since 1969. Today, Regulation (EC) No 561/2006 1 (the 'Driving Time Regulation') establishes minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and w eekly rest periods. It also requires use of a tachograph as the main tool for checking compliance with those requirements. Successive regulations have been adopted to adapt tachographs to technological developments, the latest being Regulation (EU) 165/201 4 on tachographs in road transport (the 'Tachograph Regulation'). This introduced the 'smart tachograph' connected to a positioning service based on a satellite navigation system. Both the Driving Time and the Tachograph Regulations are part of a wider effort to improve the working conditions of drivers, ensure fair competition between operators and improve the road safety of European roads. Tighter requirements for tachograph use have gradually contributed to more efficient and consistent enforcement throughout the EU. An ex-post evaluation of the social legislation in road transport and its enforcement, which was carried out in 2015-2017 2 as part of the Regulatory Fitness Programme (REFIT), concluded that the Driving Time Regulation has been only partly e ffective in improving drivers' working conditions and ensuring fair competition between operators. Road safety had improved over that period, but of course these improvements cannot be assigned solely to that Regulation. The main difficulties encountered are linked to the shortcomings of the rules themselves, but also insufficient enforcement and their inability to address the emerging social and market challenges faced by the sector. The objective of this proposal, which is a REFIT initiative 3 , is to rect ify the identified shortcomings and to help improve the working and business conditions in the sector. This will be achieved by clarifying and updating certain provisions and by further upgrading the use of current and future tachographs to ensure more co st-effective enforcement. Consistency with other envisaged initiatives in the road transport sector This proposal is part of a broader ongoing review of the Union road transport legislation. It is closely linked with the initiative to improve the enforcement of the driving and resting time rules and to establish sector-specific criteria for posting of workers in road transport. It is also closely linked to the ongoing review of the market rules on: access to the profession of road transport operator (Regulation (EC) No 1071/2009), access to the international haulage market (Regulation (EC) No 1072/2009) and access to the international passenger market (Regulation (EC) No 1073/2009). Social and market rules constitute a comprehensive and coherent legal framework, and enforcing them in a consistent and effective way is key to creating a fair, safe, environmentally and socially sustainable road transport sector. None of those initiatives on their own can effectively address the ongoing social and market challenges. Consistency with other Union policies The proposal contributes to two of the priorities of this Commission, notably creating “a deeper and fairer internal market” and on "jobs, growth and investment". It is consistent with actions aimed at combatting social unfairness and unfair competition and at creating a social framework for new employment opportunities and fair business conditions. It fits with the objectives of the Social Agenda of the Commission as one of its aims is to ensure decent working conditions and appropriate social protection, and with the initiative on the creation of an EU pillar of Social Rights. It is also consistent with the Charter of Fundamental Rights of the European Union, Article 31 of which provides in particular for a right to daily and weekly rest periods. The provisions contained in the present proposal concerning weekly rest are meant to enhance flexibility for operators while allowing workers to retain adequate rest periods and favouring the possibility to have this rest at home or in an adequate accommodation. The proposal contributes to the REFIT Programme by clarifying and adapting certain social provisions and making enforcement of them more cost-effective.

EUROPEAN COMMISSIONBrussels, 31.5.2017COM(2017) 277 final2017/0122(COD)Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs{SWD(2017) 184 final}{SWD(2017) 185 final}{SWD(2017) 186 final}{SWD(2017) 187 final}EXPLANATORY MEMORANDUM1.CONTEXT OF THE PROPOSAL•Reasons for and objectives of the proposalThedriving and resting times of drivers have been regulated under EU law since 1969. Today, Regulation (EC) No 561/20061(the 'Driving Time Regulation') establishes minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods. It also requires use of a tachograph as the main tool for checking compliance with those requirements. Successive regulations have been adopted to adapt tachographs to technological developments, the latest being Regulation (EU) 165/2014 on tachographs in road transport (the 'Tachograph Regulation'). This introduced the 'smart tachograph' connected to a positioning service based on a satellite navigation system.Both the Driving Time and the Tachograph Regulations are part of a wider effort to improve the working conditions of drivers, ensure fair competition between operators and improve the road safety of European roads. Tighter requirements for tachograph use have gradually contributed to more efficient and consistent enforcement throughout the EU.An ex-post evaluation of the social legislation in road transport and its enforcement, which was carried out in 2015-20172as part of the Regulatory Fitness Programme (REFIT), concluded that the Driving Time Regulation has been only partly effective in improving drivers' working conditions and ensuring fair competition between operators. Road safety had improved over that period, but of course these improvements cannot be assigned solely to that Regulation.The main difficulties encounteredare linked to the shortcomings of the rules themselves, but also insufficient enforcement and their inability to address the emerging social and market challenges faced by the sector. The objective of this proposal, which is a REFIT initiative3, is to rectify the identified shortcomings  and to help improve the working and business conditions in the sector. This will be achieved by clarifying and updating certain provisions and by further upgrading the use of current and future tachographs to ensure more cost-effective enforcement.
Revised version (Article 35 Damaged driver cards and record sheets):
1. In the event of damage to a record sheet bearing recordings or to a driver card, drivers shall keep the damaged record sheet or driver card together with any spare record sheet used to replace it.
Article 36 Records to be carried by the driver
1. Where a driver drives a vehicle fitted with an analogue tachograph, he shall be able to produce, whenever an authorised control 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 records and printouts 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 digital tachograph, he shall be able to produce, whenever an authorised control officer so requests: (i) his driver card, (ii) any manual records and printouts 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 that referred to in point (ii) during which he drove a vehicle fitted with an analogue tachograph. 3. An authorised control officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed, printed or downloaded data which have been recorded by the tachograph or by the driver card or, failing that, of any other supporting document that justifies non-compliance with a provision, such as Articles 29(2) and 37(2) of this Regulation.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The driving and resting times of drivers have been regulated under EU law since 1969. Today, Regulation (EC) No 561/2006 1 (the 'Driving Time Regulation') establishes minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and w eekly rest periods. It also requires use of a tachograph as the main tool for checking compliance with those requirements. Successive regulations have been adopted to adapt tachographs to technological developments, the latest being Regulation (EU) 165/201 4 on tachographs in road transport (the 'Tachograph Regulation'). This introduced the 'smart tachograph' connected to a positioning service based on a satellite navigation system. Both the Driving Time and the Tachograph Regulations are part of a wider effort to improve the working conditions of drivers, ensure fair competition between operators and improve the road safety of European roads. Tighter requirements for tachograph use have gradually contributed to more efficient and consistent enforcement throughout the EU. An ex-post evaluation of the social legislation in road transport and its enforcement, which was carried out in 2015-2017 2 as part of the Regulatory Fitness Programme (REFIT), concluded that the Driving Time Regulation has been only partly e ffective in improving drivers' working conditions and ensuring fair competition between operators. Road safety had improved over that period, but of course these improvements cannot be assigned solely to that Regulation. The main difficulties encountered are linked to the shortcomings of the rules themselves, but also insufficient enforcement and their inability to address the emerging social and market challenges faced by the sector. The objective of this proposal, which is a REFIT initiative 3 , is to rect ify the identified shortcomings and to help improve the working and business conditions in the sector. This will be achieved by clarifying and updating certain provisions and by further upgrading the use of current and future tachographs to ensure more co st-effective enforcement. Consistency with other envisaged initiatives in the road transport sector This proposal is part of a broader ongoing review of the Union road transport legislation. It is closely linked with the initiative to improve the enforcement of the driving and resting time rules and to establish sector-specific criteria for posting of workers in road transport. It is also closely linked to the ongoing review of the market rules on: access to the profession of road transport operator (Regulation (EC) No 1071/2009), access to the international haulage market (Regulation (EC) No 1072/2009) and access to the international passenger market (Regulation (EC) No 1073/2009). Social and market rules constitute a comprehensive and coherent legal framework, and enforcing them in a consistent and effective way is key to creating a fair, safe, environmentally and socially sustainable road transport sector. None of those initiatives on their own can effectively address the ongoing social and market challenges. Consistency with other Union policies The proposal contributes to two of the priorities of this Commission, notably creating “a deeper and fairer internal market” and on "jobs, growth and investment". It is consistent with actions aimed at combatting social unfairness and unfair competition and at creating a social framework for new employment opportunities and fair business conditions. It fits with the objectives of the Social Agenda of the Commission as one of its aims is to ensure decent working conditions and appropriate social protection, and with the initiative on the creation of an EU pillar of Social Rights. It is also consistent with the Charter of Fundamental Rights of the European Union, Article 31 of which provides in particular for a right to daily and weekly rest periods. The provisions contained in the present proposal concerning weekly rest are meant to enhance flexibility for operators while allowing workers to retain adequate rest periods and favouring the possibility to have this rest at home or in an adequate accommodation. The proposal contributes to the REFIT Programme by clarifying and adapting certain social provisions and making enforcement of them more cost-effective.

EUROPEAN COMMISSIONBrussels, 31.5.2017COM(2017) 277 final2017/0122(COD)Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs{SWD(2017) 184 final}{SWD(2017) 185 final}{SWD(2017) 186 final}{SWD(2017) 187 final}EXPLANATORY MEMORANDUM1.CONTEXT OF THE PROPOSAL•Reasons for and objectives of the proposalThedriving and resting times of drivers have been regulated under EU law since 1969. Today, Regulation (EC) No 561/20061(the 'Driving Time Regulation') establishes minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods. It also requires use of a tachograph as the main tool for checking compliance with those requirements. Successive regulations have been adopted to adapt tachographs to technological developments, the latest being Regulation (EU) 165/2014 on tachographs in road transport (the 'Tachograph Regulation'). This introduced the 'smart tachograph' connected to a positioning service based on a satellite navigation system.Both the Driving Time and the Tachograph Regulations are part of a wider effort to improve the working conditions of drivers, ensure fair competition between operators and improve the road safety of European roads. Tighter requirements for tachograph use have gradually contributed to more efficient and consistent enforcement throughout the EU.An ex-post evaluation of the social legislation in road transport and its enforcement, which was carried out in 2015-20172as part of the Regulatory Fitness Programme (REFIT), concluded that the Driving Time Regulation has been only partly effective in improving drivers' working conditions and ensuring fair competition between operators. Road safety had improved over that period, but of course these improvements cannot be assigned solely to that Regulation.The main difficulties encounteredare linked to the shortcomings of the rules themselves, but also insufficient enforcement and their inability to address the emerging social and market challenges faced by the sector. The objective of this proposal, which is a REFIT initiative3, is to rectify the identified shortcomings  and to help improve the working and business conditions in the sector. This will be achieved by clarifying and updating certain provisions and by further upgrading the use of current and future tachographs to ensure more cost-effective enforcement.
Revised version (Article 36 Records to be carried by the driver):
3. An authorised control officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed, printed or downloaded data which have been recorded by the tachograph or by the driver card or, failing that, of any other supporting document that justifies non-compliance with a provision, such as Articles 29(2) and 37(2) of this Regulation.
Article 37 Procedures in the event of malfunctioning equipment
1. In the event of the breakdown or faulty operation of a 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 transport undertaking’s 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 41 shall give the competent authorities power to prohibit the use of the vehicle in cases where the breakdown or faulty operation has not been remedied as provided in the first and the second subparagraphs of this paragraph in so far as this is in accordance with the national legislation in the Member State concerned. 2. While the tachograph is unserviceable or malfunctioning, the driver shall mark data enabling him to be identified (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 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.
Article 38 Control officers
1. In order to monitor effectively compliance with this Regulation, sufficient equipment and appropriate legal powers shall be made available to authorised control officers to enable them to carry out their duties in accordance with this Regulation. That equipment shall include, in particular: (a) control cards allowing access to data recorded in tachographs and in tachograph cards, and optionally in workshop cards; (b) the tools necessary to download data files from vehicle units and tachograph cards and to be able to analyse such data files and printouts from digital tachographs in combination with record sheets or charts from analogue tachographs. 2. If, after having carried out a check, control officers find sufficient 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 check, in particular, that the tachograph: (a) works properly; (b) records and stores data correctly, and that the calibration parameters are correct. 3. Control officers shall be empowered to request authorised workshops to perform the tests referred to in paragraph 2 and specific tests designed to detect 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 may be used as evidence in accordance with national rules of procedure relating to the handling of such evidence. 4. Control officers shall, where appropriate, make use of the possibility to check tachographs and driver cards which are on site during a check of the premises of undertakings.
Article 39 Training of control officers
1. Member States shall ensure that control officers are appropriately trained for the analysis of the data recorded and the checking of tachographs in order to achieve efficient and harmonised control and enforcement. 2. Member States shall inform the Commission of the training requirements for their control officers by 2 September 2016. 3. The Commission shall, by means of implementing acts, adopt measures specifying the content of the initial and continuing training of control officers, including training in relation to techniques to target controls and to detect manipulation devices and fraud. Those measures shall include guidelines to facilitate the implementation of the relevant provisions of this Regulation and of Regulation (EC) No 561/2006. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3). 4. Member States shall include the content specified by the Commission in the training given to control officers.
Article 40 Mutual assistance
Member States shall assist each other in applying this Regulation and in checking compliance therewith. Within the framework of that 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 by fitters and workshops, types of manipulation practices, and any penalties imposed for such infringements.
Article 41 Penalties
1. Member States shall, in accordance with national constitutional arrangements, 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, and shall be in compliance with the categories of infringements set out in Directive 2006/22/EC. 2. The Member States shall notify the Commission of those measures and the rules on penalties by 2 March 2016. They shall inform the Commission of any subsequent change to those measures.
Article 42 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. 3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. Where the opinion of the committee is to be obtained by a 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 43 Tachograph Forum
1. A Tachograph Forum shall be set up in order to support dialogue on technical matters concerning tachographs among Member States’ experts, members of the committee referred to in Article 42, and experts from third countries which are using the tachograph under the AETR Agreement. 2. Member States should delegate as experts to the Tachograph Forum the experts participating in the committee referred to in Article 42. 3. The Tachograph Forum shall be open to participation by experts from interested third countries which are Contracting Parties to the AETR Agreement. 4. Stakeholders, representatives of vehicle manufacturers, tachograph manufacturers, social partners and the European Data Protection Supervisor 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 44 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 by 2 March 2015.
Article 45 Amendment of Regulation (EC) No 561/2006
Regulation (EC) No 561/2006 is hereby amended as follows: (1) in Article 3, the following point is inserted after point (a): ‘(aa) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes 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 km radius from the base of the undertaking and on the condition that driving the vehicle does not constitute the driver’s main activity;’; (2) Article 13(1) is amended as follows: (a) in points (d), (f) and (p), the words ‘50 kilometre’ or ‘50 km’ are replaced by the words ‘100 km’; (b) the first subparagraph of point (d) is replaced by the following: ‘(d) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used by universal service providers as defined in Article 2(13) of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service ( *1 ) to deliver items as part of the universal service. ( *1 ) OJ L 15, 21.1.1998, p. 14 .’."
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The driving and resting times of drivers have been regulated under EU law since 1969. Today, Regulation (EC) No 561/2006 1 (the 'Driving Time Regulation') establishes minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and w eekly rest periods. It also requires use of a tachograph as the main tool for checking compliance with those requirements. Successive regulations have been adopted to adapt tachographs to technological developments, the latest being Regulation (EU) 165/201 4 on tachographs in road transport (the 'Tachograph Regulation'). This introduced the 'smart tachograph' connected to a positioning service based on a satellite navigation system. Both the Driving Time and the Tachograph Regulations are part of a wider effort to improve the working conditions of drivers, ensure fair competition between operators and improve the road safety of European roads. Tighter requirements for tachograph use have gradually contributed to more efficient and consistent enforcement throughout the EU. An ex-post evaluation of the social legislation in road transport and its enforcement, which was carried out in 2015-2017 2 as part of the Regulatory Fitness Programme (REFIT), concluded that the Driving Time Regulation has been only partly e ffective in improving drivers' working conditions and ensuring fair competition between operators. Road safety had improved over that period, but of course these improvements cannot be assigned solely to that Regulation. The main difficulties encountered are linked to the shortcomings of the rules themselves, but also insufficient enforcement and their inability to address the emerging social and market challenges faced by the sector. The objective of this proposal, which is a REFIT initiative 3 , is to rect ify the identified shortcomings and to help improve the working and business conditions in the sector. This will be achieved by clarifying and updating certain provisions and by further upgrading the use of current and future tachographs to ensure more co st-effective enforcement. Consistency with other envisaged initiatives in the road transport sector This proposal is part of a broader ongoing review of the Union road transport legislation. It is closely linked with the initiative to improve the enforcement of the driving and resting time rules and to establish sector-specific criteria for posting of workers in road transport. It is also closely linked to the ongoing review of the market rules on: access to the profession of road transport operator (Regulation (EC) No 1071/2009), access to the international haulage market (Regulation (EC) No 1072/2009) and access to the international passenger market (Regulation (EC) No 1073/2009). Social and market rules constitute a comprehensive and coherent legal framework, and enforcing them in a consistent and effective way is key to creating a fair, safe, environmentally and socially sustainable road transport sector. None of those initiatives on their own can effectively address the ongoing social and market challenges. Consistency with other Union policies The proposal contributes to two of the priorities of this Commission, notably creating “a deeper and fairer internal market” and on "jobs, growth and investment". It is consistent with actions aimed at combatting social unfairness and unfair competition and at creating a social framework for new employment opportunities and fair business conditions. It fits with the objectives of the Social Agenda of the Commission as one of its aims is to ensure decent working conditions and appropriate social protection, and with the initiative on the creation of an EU pillar of Social Rights. It is also consistent with the Charter of Fundamental Rights of the European Union, Article 31 of which provides in particular for a right to daily and weekly rest periods. The provisions contained in the present proposal concerning weekly rest are meant to enhance flexibility for operators while allowing workers to retain adequate rest periods and favouring the possibility to have this rest at home or in an adequate accommodation. The proposal contributes to the REFIT Programme by clarifying and adapting certain social provisions and making enforcement of them more cost-effective.

EUROPEAN COMMISSIONBrussels, 31.5.2017COM(2017) 277 final2017/0122(COD)Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs{SWD(2017) 184 final}{SWD(2017) 185 final}{SWD(2017) 186 final}{SWD(2017) 187 final}EXPLANATORY MEMORANDUM1.CONTEXT OF THE PROPOSAL•Reasons for and objectives of the proposalThedriving and resting times of drivers have been regulated under EU law since 1969. Today, Regulation (EC) No 561/20061(the 'Driving Time Regulation') establishes minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods. It also requires use of a tachograph as the main tool for checking compliance with those requirements. Successive regulations have been adopted to adapt tachographs to technological developments, the latest being Regulation (EU) 165/2014 on tachographs in road transport (the 'Tachograph Regulation'). This introduced the 'smart tachograph' connected to a positioning service based on a satellite navigation system.Both the Driving Time and the Tachograph Regulations are part of a wider effort to improve the working conditions of drivers, ensure fair competition between operators and improve the road safety of European roads. Tighter requirements for tachograph use have gradually contributed to more efficient and consistent enforcement throughout the EU.An ex-post evaluation of the social legislation in road transport and its enforcement, which was carried out in 2015-20172as part of the Regulatory Fitness Programme (REFIT), concluded that the Driving Time Regulation has been only partly effective in improving drivers' working conditions and ensuring fair competition between operators. Road safety had improved over that period, but of course these improvements cannot be assigned solely to that Regulation.The main difficulties encounteredare linked to the shortcomings of the rules themselves, but also insufficient enforcement and their inability to address the emerging social and market challenges faced by the sector. The objective of this proposal, which is a REFIT initiative3, is to rectify the identified shortcomings  and to help improve the working and business conditions in the sector. This will be achieved by clarifying and updating certain provisions and by further upgrading the use of current and future tachographs to ensure more cost-effective enforcement.
Revised version (Article 45 Amendment of Regulation (EC) No 561/2006):
Regulation (EC) No 561/2006 is hereby amended as follows:
Article 46 Transitional measures
In so far as the implementing acts referred to in this Regulation have not been adopted so that they may be applied at the time of application of this Regulation, the provisions in Regulation (EEC) No 3821/85, including in Annex IB thereto, shall continue to apply, on a transitional basis, until the date of application of the implementing acts referred to in this Regulation.
Article 47 Repeal
Regulation (EEC) No 3821/85 is hereby repealed. References to the repealed Regulation shall be construed as references to this Regulation.
Article 48 Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall, subject to the transitional measures in Article 46, apply with effect from 2 March 2016. However, Articles 24, 34 and 45 shall apply with effect from 2 March 2015.