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 (1)

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22.12.2009 Official Journal of the European Union L 339/3

EN

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,

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 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.

(4) 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 Annex IB of Regulation (EEC) No 3821/85 to technical progress.

(6) 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 application 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.

(7) The present Regulation does not require the replacement of a functioning digital tachograph installed before its date of application.

(8) 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.

(9) To facilitate cross-homologation of individual type approved components, and ensure that new manufacturers 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.

(10) 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

( 2 ), the number of company locks should be increased.

(11) 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.

( 1 ) OJ L 370, 31.12.1985, p. 8.

( 2 ) OJ L 281, 23.11.1995, p. 31.

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L 339/4 Official Journal of the European Union 22.12.2009

(12) To support industry, manufacturers and control bodies in being able to identify the current manufacturers in the market, as well as to be able to distinguish countries and the relevant codes, based on signs used on vehicles in international traffic, as set out in the United Nations Vienna Convention on Road Traffic, 1968, the appropriate lists should be maintained by the laboratory competent for carrying out interoperability tests, and made available on a public webpage.

(13) In order to assist road transport undertakings to fulfil the legal obligations to store relevant information for enforcement purposes, common test specifications for printout paper to be used when granting a type approval should be established.

(14) To reduce the administrative burdens, and therefore the costs, placed on operators and drivers when using the digital tachograph, the provisions for the installation, activation, calibration and inspection of the equipment should be simplified and aimed specifically at only those vehicles used for driving that fall within the scope of the drivers' hours rules as set out in 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

( 1 ).

(15) During periodic inspections or on other occasions when the recording equipment needs to be checked, calibrated, repaired or inspected, workshops should test the equipment for the presence, or use, of manipulation devices and should make and keep a record of such events, including absent or broken seals.

(16) Only the digital tachograph of vehicles falling within category M2, M3, N2 or N3, as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles

( 2 ), should automatically record over-speeding events.

(17) Following the report provided by the Joint Research Centre (Report on the Attacks to Security of the Digital Tachograph and on the Risk Associated With the Introduction of Adaptors to be fitted into Light Vehicles), the communication of electronic data between the source of vehicle movement and the motion sensor should be protected against tampering, such as by the use of magnets, and that vehicle movement data should be corroborated by additional and independent, internal and external sources.

(18) It is essential for the integrity and trustworthiness of the security of the digital tachograph system to ensure that tachograph cards issued to drivers are unique. In order to prevent drivers from applying for or possessing more than one valid card, an electronic exchange of data between Member States should exist.

(19) The human-machine interface for making manual entries of activities when drivers have been away from their vehicle and, during that period, are unable to record their activities onto their driver cards, should be simplified and clarified.

(20) It is helpful for drivers to have additional, optional information displayed for them on the display of the digital tachograph, and to suppress warnings when the vehicle is being driven out of scope of the rules.

(21) The time taken to download data from the recording equipment should be reduced by improvements to the technical interfaces.

(22) In order to maintain the trustworthiness of the system in the face of the forthcoming obsolescence of the security mechanisms currently in use, contingency measures are required to assure the continuity of the type approval process for tachograph equipment.

(23) To ensure that at roadside checks driving patterns and the 'true' driving records can be determined, the driving time calculation and the rounding up to one minute of the periods of activity should be simplified.

(24) The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 18 of Regulation (EEC) No 3821/85.

(25) Regulation (EEC) No 3821/85 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IB to Regulation (EEC) No 3821/85 is amended as set out in the Annex to this Regulation.

( 1 ) OJ L 102, 11.4.2006, p. 1

( 2 ) OJ L 263, 9.10.2007, p. 1.

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22.12.2009 Official Journal of the European Union L 339/5

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2011. However, points 3.1, 3.8, 3.9, 3.11, 3.20, 8.2, 9.2, 12.3, 12.4 and 13 of the Annex shall apply from 1 October 2012 and points 7.2, 7.3 and 7.5 shall apply from the date of entry into force.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 December 2009.

For the Commission The President José Manuel BARROSO

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L 339/6 Official Journal of the European Union 22.12.2009

ANNEX

Annex IB to Regulation (EEC) No 3821/85 is amended as follows:

  1. AMENDMENTS TO CHAPTER I (DEFINITIONS)

    1.1 The definition (f) is replaced by the following:

    '(f) "calibration" means: updating or confirming vehicle parameters to be held in the data memory. Vehicle parameters include vehicle identification (VIN, VRN and registering Member State) and vehicle characteristics (w, k, l, tyre size, speed limiting device setting (if applicable), current UTC time, current odometer value);

    Any update or confirmation of UTC time only, shall be considered as a time adjustment and not as a calibration, provided it does not contradict Requirement 256.

    Calibrating a recording equipment requires the use of a workshop card;'

    1.2 The definition (l) is replaced by the following:

    '(l) "company card" means:

    A tachograph card issued by the authorities of a Member State to the owner or holder of vehicles fitted with recording equipment;

    The company card identifies the company and allows for displaying, downloading and printing of the data stored in the recording equipment which has been locked by this company or which has not been locked by any company.'

    1.3 The definition (s) is replaced by the following:

    '(s) "downloading" means:

    Copying, together with the digital signature, of a part, or of a complete set of data files stored in the data memory of the vehicle or in the memory of the tachograph...

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