Considerations on COM(2023)522 - EU position in the Specialised Committee on Road Transport established by the Trade and Cooperation Agreement with the United Kingdom on the adaptation of technical specifications of the smart tachograph 2

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dossier COM(2023)522 - EU position in the Specialised Committee on Road Transport established by the Trade and Cooperation Agreement with the ...
document COM(2023)522
date November  9, 2023
 
(1) The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (‘the Trade and Cooperation Agreement’), was concluded by the Union by Council Decision (EU) 2021/689 and entered into force on 1 May 2021.

(2) Pursuant to point (c) of Article 468(5) of the Trade and Cooperation Agreement, the Specialised Committee on Road Transport, established under point (o) of Article 8(1) of that Agreement, may decide on measures aimed at safeguarding the proper functioning of Title I of Heading Three of the Trade and Cooperation Agreement.

(3) Point (b) of Article 465(1) of the Trade and Cooperation Agreement provides that drivers undertaking journeys as referred to in Article 462 of the Trade and Cooperation Agreement must comply with rules on the use of tachographs in accordance with Sections 2 to 4 of Part B of Annex 31 of that Agreement. Pursuant to Article 466(2) of that Agreement, vehicles undertaking such journeys must be equipped with a tachograph in accordance with Section 2 of Part C of the same Annex.

(4) Pursuant to point (a) of Article 3(1) and point (f) of Article 3(2) of Section 2 of Part C of Annex 31 to the Trade and Cooperation Agreement, vehicles undertaking journeys as referred to in Article 462 of the Trade and Cooperation Agreement that are registered for the first time more than two years after the entry into force of the detailed specifications referred to in Article 2(2) point (h) of Section 4 of Part B of Annex 31 to that Agreement, namely 21 August 2023, must be equipped with a smart tachograph 2.

(5) The smart tachograph 2 is defined in subparagraph (h) of Article 2(2) of Section 4 of Part B of Annex 31 to the Trade and Cooperation Agreement. The fourth indent of that subparagraph provides that such tachographs must comply with the specifications set out in implementing acts referred to in Article 11 of Regulation (EU) No 165/2014 of the European Parliament and of the Council4, as adapted by a Decision of the Specialised Committee on Road Transport.

(6) Commission Implementing Regulation (EU) 2016/7995 laid down, in its Annex IC, the specifications for smart tachograph 1 and was adapted in Appendix 31-B-4-3 to the TCA. Commission Implementing Regulations (EU) 2021/12286, which Article 2(2)(h) of Section 4 of Part B of Annex 31 to the Trade and Cooperation Agreement refers to, was also adopted on the basis of Article 11 of Regulation (EU) No 165/2014. By amending Annex IC to Commission Implementing Regulation (EU) 2016/799, it laid down the detailed techinical specifications of the smart tachograph 2. It entered into force on 19 of August 2021. Commission Implementing Regulation (EU) 2023/9807 introduced additional transitional measures. Annex IC to Commission Implementing Regulation (EU) 2016/799 as amended should therefore be adapted by Decision of the Specialised Committee on Road Transport, pursuant to subparagraph (h) of Article 2(2) of Section 4 of Part B of Annex 31 to the Trade and Cooperation Agreement, fourth indent.

(7) It is therefore appropriate to establish the position to be taken on the Union's behalf in the Specialised Committee on Road Transport, as the envisaged act will be binding on the Union.

(8) Equipment ensuring automatic recording of the border crossing, recording of loading and unloading activities and recording whether the vehicle is used for carriage of goods or passengers is already available both in the Union and the United Kingdom and for newly registered vehicles in both Parties undertaking international journeys, an obligation to be equipped with such tachograph applies since 21 August 2023, in accordance with domestic law of each Party. Nonetheless, undertakings will be able to comply with the requirement set under point (f) of Article 3(2) of Section 2 of Part C of Annex 31 to the Trade and Cooperation Agreement only from the moment when the detailed specifications of the smart tachograph 2 will be adapted by the Decision of the Specialised Committee on Road Transport. In order to ensure adequate time and legal clarity about the application of that requirement, and considering that the Decision of the Specialised Committee on Road Transport will be adopted more than two years after the entry into force of the detailed specifications of the smart tachograph 2, it is appropriate to establish a date of application. Hence, the Decision of the Specialised Committee on Road Transport should apply from 21 February 2024.