Article 26 
Regulation (EEC) No 3821/85 is hereby amended as follows: 1. Article 2 shall be replaced by the following: ‘Article 2 For the purpose of this Regulation the definitions set out in Article 4 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 and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 ( 5 ) shall apply. 1. Article 2 shall be replaced by the following: 
‘Article 2
For the purpose of this Regulation the definitions set out in Article 4 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 and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 ( 5 ) shall apply. 2. Article 3(1), (2) and (3) shall be replaced as follows: ‘1. Recording equipment shall be installed and used in vehicles registered in a Member State which are used for the carriage of passengers or goods by road, except the vehicles referred to in Article 3 of Regulation (EC) No 561/2006. Vehicles referred to in Article 16(1) of Regulation (EC) No 561/2006 and vehicles, which were exempt from the scope of application of Regulation (EEC) No 3820/85, but which are no longer exempt under Regulation (EC) No 561/2006 shall have until 31 December 2007 to comply with this requirement. 2. Member States may exempt vehicles mentioned in Articles 13(1) and (3) of Regulation (EC) No 561/2006 from application of this Regulation. 3. Member States may, after authorisation by the Commission, exempt from application of this Regulation vehicles used for the transport operations referred to in Article 14 of Regulation (EC) No 561/2006.’; 2. Article 3(1), (2) and (3) shall be replaced as follows: ‘1. Recording equipment shall be installed and used in vehicles registered in a Member State which are used for the carriage of passengers or goods by road, except the vehicles referred to in Article 3 of Regulation (EC) No 561/2006. Vehicles referred to in Article 16(1) of Regulation (EC) No 561/2006 and vehicles, which were exempt from the scope of application of Regulation (EEC) No 3820/85, but which are no longer exempt under Regulation (EC) No 561/2006 shall have until 31 December 2007 to comply with this requirement. 2. Member States may exempt vehicles mentioned in Articles 13(1) and (3) of Regulation (EC) No 561/2006 from application of this Regulation. 3. Member States may, after authorisation by the Commission, exempt from application of this Regulation vehicles used for the transport operations referred to in Article 14 of Regulation (EC) No 561/2006.’; 3. Article 14(2) shall be replaced as follows: ‘2. The undertaking shall keep record sheets and printouts, whenever printouts have been made to comply with Article 15(1), 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 undertaking shall also give copies of downloaded data from the driver cards to the drivers concerned who request them and the printed papers of these copies. The record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised inspecting officer.’; 4. Article 15 shall be amended as follows: — in paragraph 1, the following subparagraph shall be added: — ‘Where a driver card is damaged, malfunctions, or is not in the possession of the driver, the driver shall: (a) at the start of his journey, print out the details of the vehicle the driver is driving, and shall enter onto that printout: (i) details that enable the driver to be identified (name, driver card or driver's licence number), including his signature; (ii) the periods referred to in paragraph 3, second indent (b), (c) and (d); (b) at the end of his journey, print out the information relating to periods of time recorded by the recording equipment, record any periods of other work, availability and rest undertaken since the printout that was made at the start of the journey, where not recorded by the 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.’, — paragraph 2, second subparagraph shall be replaced by the following: — ‘When as a result of being away from the vehicle, a driver is unable to use the equipment fitted to the vehicle, the periods of time referred to in paragraph 3, second indent (b), (c) and (d) shall: (a) if the vehicle is fitted with recording equipment in conformity with Annex I, 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 recording equipment in conformity with Annex IB, be entered onto the driver card using the manual entry facility provided in the recording equipment. Where there is more than one driver on board the vehicle fitted with recording equipment in conformity with Annex IB, each driver shall ensure that his driver card is inserted into the correct slot in the tachograph.’, — paragraph 3(b) and (c) shall be replaced by the following: — ‘(b) “other work” means any activity other than driving, as defined in Article 3(a) of 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 ( 6 ), and also any work for the same or another employer within or outside of the transport sector, and must be recorded under this sign ; (c) “availability” defined in Article 3(b) of Directive 2002/15/EC must be recorded under this sign . — paragraph 4 shall be deleted, — paragraph 7 shall be replaced by the following: — ‘7. (a) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex I, the driver must be able to produce, whenever an inspecting officer so requests: (i) the record sheets for the current week and those used by the driver in the previous 15 days; (ii) the driver card if he holds one, and (iii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006. However, after 1 January 2008, the time periods referred to under (i) and (iii) shall cover the current day and the previous 28 days. (b) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex IB, the driver must be able to produce, whenever an inspecting officer so requests: (i) the driver card of which he is holder; (ii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006, and (iii) the record sheets corresponding to the same period as the one referred to in the previous subparagraph during which he drove a vehicle fitted with recording equipment in conformity with Annex I. However, after 1 January 2008, the time periods referred to under (ii) shall cover the current day and the previous 28 days. (c) An authorised inspecting officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed or printed data which have been recorded by the recording equipment or by the driver card or, failing this, by analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in Article 16(2) and (3).’ 4. Article 15 shall be amended as follows: — in paragraph 1, the following subparagraph shall be added: — ‘Where a driver card is damaged, malfunctions, or is not in the possession of the driver, the driver shall: (a) at the start of his journey, print out the details of the vehicle the driver is driving, and shall enter onto that printout: (i) details that enable the driver to be identified (name, driver card or driver's licence number), including his signature; (ii) the periods referred to in paragraph 3, second indent (b), (c) and (d); (b) at the end of his journey, print out the information relating to periods of time recorded by the recording equipment, record any periods of other work, availability and rest undertaken since the printout that was made at the start of the journey, where not recorded by the 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.’, — in paragraph 1, the following subparagraph shall be added: ‘Where a driver card is damaged, malfunctions, or is not in the possession of the driver, the driver shall: (a) at the start of his journey, print out the details of the vehicle the driver is driving, and shall enter onto that printout: (i) details that enable the driver to be identified (name, driver card or driver's licence number), including his signature; (ii) the periods referred to in paragraph 3, second indent (b), (c) and (d); (a) at the start of his journey, print out the details of the vehicle the driver is driving, and shall enter onto that printout: (i) details that enable the driver to be identified (name, driver card or driver's licence number), including his signature; (ii) the periods referred to in paragraph 3, second indent (b), (c) and (d); (b) at the end of his journey, print out the information relating to periods of time recorded by the recording equipment, record any periods of other work, availability and rest undertaken since the printout that was made at the start of the journey, where not recorded by the 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.’, — paragraph 2, second subparagraph shall be replaced by the following: — ‘When as a result of being away from the vehicle, a driver is unable to use the equipment fitted to the vehicle, the periods of time referred to in paragraph 3, second indent (b), (c) and (d) shall: (a) if the vehicle is fitted with recording equipment in conformity with Annex I, 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 recording equipment in conformity with Annex IB, be entered onto the driver card using the manual entry facility provided in the recording equipment. Where there is more than one driver on board the vehicle fitted with recording equipment in conformity with Annex IB, each driver shall ensure that his driver card is inserted into the correct slot in the tachograph.’, — paragraph 2, second subparagraph shall be replaced by the following: ‘When as a result of being away from the vehicle, a driver is unable to use the equipment fitted to the vehicle, the periods of time referred to in paragraph 3, second indent (b), (c) and (d) shall: (a) if the vehicle is fitted with recording equipment in conformity with Annex I, 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 recording equipment in conformity with Annex IB, be entered onto the driver card using the manual entry facility provided in the recording equipment. Where there is more than one driver on board the vehicle fitted with recording equipment in conformity with Annex IB, each driver shall ensure that his driver card is inserted into the correct slot in the tachograph.’, — paragraph 3(b) and (c) shall be replaced by the following: — ‘(b) “other work” means any activity other than driving, as defined in Article 3(a) of 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 ( 6 ), and also any work for the same or another employer within or outside of the transport sector, and must be recorded under this sign ; (c) “availability” defined in Article 3(b) of Directive 2002/15/EC must be recorded under this sign . — paragraph 3(b) and (c) shall be replaced by the following: ‘(b) “other work” means any activity other than driving, as defined in Article 3(a) of 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 ( 6 ), and also any work for the same or another employer within or outside of the transport sector, and must be recorded under this sign ; (c) “availability” defined in Article 3(b) of Directive 2002/15/EC must be recorded under this sign . — paragraph 4 shall be deleted, — paragraph 7 shall be replaced by the following: — ‘7. (a) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex I, the driver must be able to produce, whenever an inspecting officer so requests: (i) the record sheets for the current week and those used by the driver in the previous 15 days; (ii) the driver card if he holds one, and (iii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006. However, after 1 January 2008, the time periods referred to under (i) and (iii) shall cover the current day and the previous 28 days. (b) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex IB, the driver must be able to produce, whenever an inspecting officer so requests: (i) the driver card of which he is holder; (ii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006, and (iii) the record sheets corresponding to the same period as the one referred to in the previous subparagraph during which he drove a vehicle fitted with recording equipment in conformity with Annex I. However, after 1 January 2008, the time periods referred to under (ii) shall cover the current day and the previous 28 days. (c) An authorised inspecting officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed or printed data which have been recorded by the recording equipment or by the driver card or, failing this, by analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in Article 16(2) and (3).’ — paragraph 7 shall be replaced by the following: — ‘7. (a) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex I, the driver must be able to produce, whenever an inspecting officer so requests: (i) the record sheets for the current week and those used by the driver in the previous 15 days; (ii) the driver card if he holds one, and (iii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006. However, after 1 January 2008, the time periods referred to under (i) and (iii) shall cover the current day and the previous 28 days. (b) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex IB, the driver must be able to produce, whenever an inspecting officer so requests: (i) the driver card of which he is holder; (ii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006, and (iii) the record sheets corresponding to the same period as the one referred to in the previous subparagraph during which he drove a vehicle fitted with recording equipment in conformity with Annex I. However, after 1 January 2008, the time periods referred to under (ii) shall cover the current day and the previous 28 days. (c) An authorised inspecting officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed or printed data which have been recorded by the recording equipment or by the driver card or, failing this, by analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in Article 16(2) and (3).’ (a) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex I, the driver must be able to produce, whenever an inspecting officer so requests: (i) the record sheets for the current week and those used by the driver in the previous 15 days; (ii) the driver card if he holds one, and (iii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006. However, after 1 January 2008, the time periods referred to under (i) and (iii) shall cover the current day and the previous 28 days. (a) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex I, the driver must be able to produce, whenever an inspecting officer so requests: (i) the record sheets for the current week and those used by the driver in the previous 15 days; (ii) the driver card if he holds one, and (iii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006. However, after 1 January 2008, the time periods referred to under (i) and (iii) shall cover the current day and the previous 28 days. (b) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex IB, the driver must be able to produce, whenever an inspecting officer so requests: (i) the driver card of which he is holder; (ii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006, and (iii) the record sheets corresponding to the same period as the one referred to in the previous subparagraph during which he drove a vehicle fitted with recording equipment in conformity with Annex I. However, after 1 January 2008, the time periods referred to under (ii) shall cover the current day and the previous 28 days. (b) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex IB, the driver must be able to produce, whenever an inspecting officer so requests: (i) the driver card of which he is holder; (ii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006, and (iii) the record sheets corresponding to the same period as the one referred to in the previous subparagraph during which he drove a vehicle fitted with recording equipment in conformity with Annex I. However, after 1 January 2008, the time periods referred to under (ii) shall cover the current day and the previous 28 days. (c) An authorised inspecting officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed or printed data which have been recorded by the recording equipment or by the driver card or, failing this, by analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in Article 16(2) and (3).’
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.
Article 27 
Regulation (EC) No 2135/98 is hereby amended as follows: 1. Article 2(1)(a) shall be replaced by the following: ‘1. (a) From the 20th day following the day of publication 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 and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 ( 7 ) vehicles put into service for the first time shall be fitted with recording equipment in accordance with the requirements of Annex IB to Regulation (EEC) No 3821/85. 1. Article 2(1)(a) shall be replaced by the following: ‘1. (a) From the 20th day following the day of publication 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 and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 ( 7 ) vehicles put into service for the first time shall be fitted with recording equipment in accordance with the requirements of Annex IB to Regulation (EEC) No 3821/85. 2. Article 2(2) shall be replaced by the following: ‘2. Member States shall take the necessary measures to ensure that they are able to issue driver cards at the latest on the 20th day following the day of publication of Regulation (EC) No 561/2006.’
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.
Article 28 
Regulation (EEC) No 3820/85 is hereby repealed and replaced by this Regulation. Notwithstanding, paragraphs 1, 2 and 4 of Article 5 of Regulation (EEC) No 3820/85 shall continue to apply until the dates set out in Article 15(1) of Directive 2003/59/EC.
Article 29 
This Regulation shall enter into force on 11 April 2007, with the exception of Articles 10(5), 26(3) and (4) and 27, which shall enter into force on 1 May 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States.
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 29 ):
This Regulation shall enter into force on 11 April 2007, with the exception of Articles 10(5), 26(3) and (4) and 27, which shall enter into force on 1 May 2006.