Re-examined proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC on the implementation of Regulations (EEC) Nos 3820/85 and 3821/85
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 02. 07. 1998 COM(1998) 355 final 94/0187 (SYN) Re-examined proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC on the implementation of Regulations (EEC) Nos 3820/85 and 3821/85 (presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) EXPLANATORY MEMORANDUM On 31 March 1998 the European Parliament amended the common position on the abovementioned proposal adopted by the Council on 11 December 1997. These amendments are annexed hereto. Pursuant to Article 189 c (d) of the EC Treaty, the Commission has reexamined its proposal and has incorporated the following amendments: - amendment 2 which covers not only driver cards but also the entire range of smart cards provided for in Annex IB; - amendment 3 which permits either the general or separate type-approval of the recording equipment components ; - amendments 4, 5, 6, 7, 8, 9, 10 and 13 which clarify or reinforce certain provisions of the common position designed, in particular, to ensure the operating safety of the new recording equipment; - amendment 11 which, in respect of the recording equipment in conformity with Annex IB, requires the separate recording of working time and standby time; - amendment 12 which defines the type of print-outs which the driver must be in a position to produce in the case in point. On the other hand, the Commission does not intend to adopt amendment 1 seeking to introduce a new recital calling on the Council and Commission to ensure that agreement is reached without delay with the other AETR States on the adoption of identical arrangements. In point of fact, this recital does not introduce any regulatory provision into the body of law set out in the proposal for a Regulation. Moreover, the substance of this amendment has been transcribed into a joint Commission and Council declaration to be entered in the minutes of the Council meeting at which the Regulation is eventually adopted. Consequently, the text of the Commission's reexamined proposal now reads as follows: : ^ Reexamined proposal for a Council Regulation (EC) No. /98 amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC on the implementation of Regulations (EEC) Nos 3820/85 and 3821/85 Text initially proposed by the Commission I Reexamined proposal (Amendment 1) ARTICLE 1(2) Articles 4 to 9, 11 and 15(1) and (2), first subparagraph (Regulation (EEC) No 3821/85) (2), first 2) Articles 4, 6, 7, 8, 9 and 11 and 15(1) I 2) Articles 4, 5, 6, 7, 8 and 11 shall be and shall be amended by adding the words 'or memory amended by adding the words 'or driver card' where reference is made to 'record card' where reference is made to 'record sheets'. sheets'. subparagraph Article 15(1) and (2), first subparagraph shall be amended by adding the words 'or driver card' where reference is made to 'record sheets'. (Amendment 2) ARTICLE 1(2 BIS) (new) Article 4 (to be inserted before the first subparagraph), new subparagraph (Regulation (EEC) No 3821/85) 2 bis) In Article 4, the following new subparagraph shall be inserted before the first subparagraph: For the purposes of this Chapter, the words shall mean 'recording components "recording thereof. equipment' equipment or (Amendment 3) ARTICLE 1(4)-a) (new) Article 12(1) (Regulation (EEC) No 3821/85) - a) The following subparagraphs shall be added to paragraph 1: I 3 The period of administrative validity of approved workshop and fitter cards shall not exceed one year. If a card issued to an approved workshop or fitter is to be extended, malfunctions, or is lost or stolen, the authority shall supply a replacement card within live working days of receiving a detailed request to that effect. Where a new card is issued to replace an old one, the new card shall bear the same 'workshop' information number, but the index shall be increased by one. The authority issuing the card shall maintain a register of lost, stolen or defective cards. The Member States shall taken any measure necessary to prevent the cards and distributed workshops from being falsified. ' approved fitters to (Amendment 4) ARTICLE 1(4) a) Article 12(2) (Regulation (EEC) No 3821/85) 2. The approved fitter or workshop shall place a special mark on the seals which it affixes and, in addition, shall enter the electronic security data for carrying out the authentication recording checks equipment in conformity with Annex IB. The competent authorities of each Member State shall maintain a register of the marks and electronic security data used. for 2. The approved fitter or workshop shall place a special mark on the seals which it affixes and, in addition, shall enter, for recording equipment in conformity with Annex IB, the electronic security data for the in carrying authentication checks. The competent authorities of each Member State shall maintain a register of the marks and electronic security data used and of approved workshop and fitter cards issued. particular, out, (Amendment 5) ARTICLE 1(4) b) Article 12(3) (Regulation (EEC) No 3821/85) 'and In paragraph 3 the words b) electronic security data' shall be added after the word 'marks'. b) Paragraph 3 is hereby amended as follows: ^ '3. The competent authorities of the Member States shall inform each other of the lists of approved fitters and workshops and the cards issued to them and shall forward to each other copies of the marks and of the necessary elements relating to the electronic security data used'. (Amendment 6) ARTICLE 1(4) c bis) (new) Article 12(5) (Regulation (EEC) No 3821/85) c bis) In paragraph 5 the words 'or in Annex IB, section VI(c)' shall be inserted after the words 'paragraph 4'. (Amendment 7) ARTICLE 1(6) b) Article 14(3) c bis) (new) (Regulation (I iC) No 3821/85) c bis) The competent authorities of the issuing Member State shall ensure that the applicant does not already hold a valid driver card. (Amendment 8) ARTICLE 1(6) b) Article 14(4) a), first four subparagraphs (Regulation (EEC) No 3821/85) 4. a) The competent authority of the Member State shall personalise the driver card in accordance with the provisions of Annex IB. 4. a) The competent authority of the Member State shall personalise the driver card. For administrative purposes, the driver card may not be valid for more than five years. For administrative purposes, the driver card may not be valid for more than five years. The driver may hold one driver card only. The driver is authorised to use only his own personalised driver card. The driver shall not use a driver card which is defective or which has expired. The driver may hold one valid driver card only. The driver is authorised to use only his own personalised driver card. The driver shall not use a driver card which is defective or which has expired. When a new driver card is issued replacing the old one, the new card shall bear the same driver card issue number but the index shall be increased by one. The When a new driver card is issued replacing the old one, the new card shall bear the the same driver card issue number but The index shall be increased by one. J issuing authority shall keep records of lost or defective driver cards. issuing authority shall keep records of issued, stolen, lost or defective driver cards for a period at least equivalent to their period of administrative validity. (Amendment 9) ARTICLE 1(6) b) Article 14(5) (Regulation (EEC) No 3821/85) the 5. Member States shall ensure that data needed to monitor compliance with Regulation (EEC) No 3820/85 and Council Directive 92/6/EEC of 10 February 1992 on installation and use of speed limitation devices for certain categories of motor vehicles in the Community which are recorded by recording equipment in conformity with Annex this Regulation are stored for at least 365 days after the date of their recording and that they can be made available under conditions that guarantee the security and accuracy of the data. IB to the 5. Member States shall ensure that data needed to monitor compliance with Regulation (EEC) No 3820/85 and Council Directive 92/6/EEC of 10 February 1992 on installation and use of speed limitation devices for certain categories of motor vehicles in the Community which are recorded and stored by recording equipment in conformity with Annex IB to this Regulation are stored and can be made available for at least 365 days after the date of their recording under conditions that guarantee the security and accuracy of the data. shall decommissioning The Member States take any measures necessary to ensure that the resale recording or equipment cannot detract, in particular, from the satisfactory application of this paragraph. of (Amendment 10) ARTICLE 1(7) b) Article 15(4) (Regulation (EEC) No 3821/85) b) Paragraph 4 shall be replaced by the following: (deleted) Deleted L4. Each Member State may permit all the periods referred to in paragraph 3, second indent (b) and (c) to be recorded under the sign for vehicles registered in its territory. ' C (Amendment 11) ARTICLE 1(7) e) Article 15(7), first subparagraph, third indent (Regulation (EEC) No 3821/85) the print-outs recording from equipment defined in Annex IB if he drove a vehicle recording fitted with such equipment during the period referred to in the first indent. the print-outs recording from equipment defined in Annex IB relating to the periods of time indicated in paragraph 3, second indent (a), (b), (c) and (d) if he drove a vehicle fitted with such recording equipment during the period referred to in the first indent. (Amendment 12) ARTICLE 1(8) a) Article 16(2), first subparagraph (Regulation (EEC) No 3821/85) the recording equipment 2. While is unserviceable or malfunctioning, drivers shall mark on the record sheet or sheets, or on a temporary sheet to be attached to the record sheet or to the driver card, all information for the various periods of time which are no longer recorded or printed out correctly by the recording equipment. the recording equipment 2. While is unserviceable or malfunctioning, drivers shall mark on the record sheet or sheets, or on a temporary sheet to be attached to the record sheet or to the driver card, on which he shall enter data enabling him to be identified (driver's card number and/or name and/or driving licence number), including his signature, all information for the various periods of time which are no longer recorded or printed out correctly by the recording equipment. 1 ISSN 0254-1475 COM(98) 355 final DOCUMENTS EN 07 02 01 Catalogue number : CB-CO-98-370-EN-C ISBN 92-78-37016-9 Office for Official Publications of the European Communities L-2985 Luxembourg