22.12.2009 Official Journal of the European Union L 339/3 COMMISSION REGULATION (EU) No 1266/2009 of 16 December 2009 adapting for the tenth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (Text with EEA relevance) THE EUROPEAN COMMISSION, (6) Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (1), and in particular Article 17 (1) thereof, ) Whereas: ®) (1) Article 1 of Regulation (EEC) No 3821/85 requires that recording equipment in road transport shall, as regards construction, testing, installation and use, comply with the requirements of Annex I, IB and II of that Regulation. (2)  Article 5 of Regulation (EEC) No 3821/85 states that a Member State shall grant type approval to any type of 9) digital tachograph which conforms to the requirements laid down in Annex IB to the Regulation. (3)  Article 3 of Regulation (EEC) No 3821/85 requires that recording equipment shall be installed and used in relevant vehicles registered in a Member State. (10) (40 Annex IB to Regulation (EEC) No 3821/85 sets out the technical specifications for the construction, testing, installation and inspection of the digital tachograph. (5)  In order to improve and enhance the digital tachograph with a view to reducing administrative burdens on industry and to ensuring secure information on driving time and rest periods for both transport operators and national control authorities, it is necessary to adapt (11) Annex IB of Regulation (EEC) No 3821/85 to technical progress. () O] L 370, 31.12.1985, p. 8. The present Regulation does not prevent Member States from type approving equipment which conforms to the requirements it lays down even before its date of appli- cation so that more secure recording equipment can be rapidly commercialised. The present Regulation does not prevent Member States from type approving software which upgrades existing digital tachographs to meet requirements of the Regulation. The present Regulation does not require the replacement of a functioning digital tachograph installed before its date of application. Manufacturers of digital tachographs have declared that any access to any intellectual property rights which could provide an essential facility will be granted to any parties under fair, reasonable and non-discriminatory conditions and on reciprocal terms. To facilitate cross-homologation of individual type approved components, and ensure that new manu- facturers of digital tachograph recording equipment, or components thereof, are not prevented from entering the market, it is necessary to establish the application of international standards for technical interfaces between the different components. To assist transport operators and undertakings in meeting their obligations under Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (%), the number of company locks should be increased. To ensure proper enforcement and control checks of vehicles, and to identify drivers, a wider set of characters sets should be integrated into the digital tachograph. () OJ L 281, 23.11.1995, p. 31.