Proposal for a Regulation of the European Parliament and of the Council amending 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 - four column table

1.

Kerngegevens

Document date 11-04-2019
Publication date 12-04-2019
Reference 7914/19
From General Secretariat of the Council
External link original article
Original document in PDF

2.

Text

Council of the European Union

Brussels, 11 April 2019 (OR. en)

7914/19

Interinstitutional File: 2017/0122(COD) i

TRANS 230 SOC 250 CODEC 800

WORKING DOCUMENT

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: ST 15084/18

No. Cion doc.: ST 9670/17

Subject: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 i 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 i as

regards positioning by means of tachographs

  • four column table

Following the Parliament's vote on a first reading position on 4 April 2019, delegations find

attached a four column table to facilitate the comparison of the EP and Council positions.

The EP column contains the provisional version of the adopted text. The table will be checked

against the consolidated version once available.

ANNEX

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 i 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 i

as regards positioning by means of tachographs

 The EP column contains the provisional version of the adopted text. This table will be checked against the consolidated version once available

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 1. 
    THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof, Having regard to the proposal from the European Commission,

    After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee 1 , Having regard to the opinion of the Committee of the Regions 2 , Acting in accordance with the ordinary legislative procedure, ____________

    • (1) 
      OJ C , , p. . (2) OJ C , , p. .
  • 2. 
    Whereas: 3. Amendment 346 Recital 1 4. (1) Good working conditions for (1) Good working conditions for (1) Good working conditions for drivers and fair business drivers and fair business drivers and fair business conditions for road transport conditions for road transport conditions for road transport undertakings are of paramount undertakings are of paramount undertakings are of paramount

ANNEX TREE.2.A EN

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importance to creating a safe, importance to creating a safe, importance to creating a safe, efficient and socially efficient and socially efficient and socially accountable road transport accountable and nonaccountable road transport sector. To facilitate that discriminatory road transport sector. To facilitate that process it is essential that the sector, which is able to attract process it is essential that the Union social rules in road qualified workers. To facilitate Union social rules in road transport are clear, fit for that process it is essential that transport are clear, fit for purpose, easy to apply and to the Union social rules in road purpose, easy to apply and to enforce and implemented in an transport are clear, enforce and implemented in an effective and consistent proportionate, fit for purpose, effective and consistent manner throughout the Union. easy to apply and to enforce manner throughout the Union. and implemented in an effective and consistent manner throughout the Union.

  • 5. 
    Amendment 347 Recital 2
  • 6. 
    (2) Having evaluated the (2) Having evaluated the (2) Having evaluated the effectiveness and efficiency of effectiveness and efficiency of effectiveness and efficiency of the implementation of the the implementation of the the implementation of the existing set of Union social existing set of Union social existing set of Union social rules in road transport, and in rules in road transport, and in rules in road transport, and in particular Regulation (EC) No particular Regulation (EC) No particular Regulation (EC) No 561/2006 i of the European 561/2006 of the European 561/2006 of the European Parliament and of the Parliament and of the Parliament and of the Council 3 , certain deficiencies Council 3 , certain deficiencies Council 3 , certain deficiencies were identified in the existing were identified in the […] were identified in the existing

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

legal framework. Unclear and implementation of the legal legal framework. Unclear and unsuitable rules on weekly framework. Unclear […] rules unsuitable rules on weekly rest, resting facilities, breaks in on weekly rest, resting rest, resting facilities, breaks in multi-manning and the absence facilities, breaks in multimulti-manning and the absence of rules on the return of drivers manning and the absence of of rules on the return of drivers to their home, lead to rules on the return of drivers to to their home, lead to diverging interpretations and their home or to another diverging interpretations and enforcement practices in the location of their choice, lead enforcement practices in the Member States. Several to diverging interpretations Member States. Several Member States recently and enforcement practices in Member States recently adopted unilateral measures the Member States. Several adopted unilateral measures further increasing legal Member States recently further increasing legal uncertainty and unequal adopted unilateral measures uncertainty and unequal treatment of drivers and further increasing legal treatment of drivers and operators. uncertainty and unequal operators. treatment of drivers and operators. On the other hand, the maximum driving periods per day and per week, as set out in Regulation (EC) No 561/2006 i, are effective in improving the social conditions of road drivers and road safety in general and therefore steps should be taken to ensure that

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

they are respected ____________ ____________ ____________

3 Regulation (EC) No 561/2006 i 3 Regulation (EC) No 561/2006 i 3 Regulation (EC) No 561/2006 i of the European Parliament of the European Parliament of the European Parliament

and of the Council of 15 and of the Council of 15 and of the Council of 15 March 2006 on the March 2006 on the March 2006 on the harmonisation of certain social harmonisation of certain social harmonisation of certain social legislation relating to road legislation relating to road legislation relating to road transport and amending transport and amending transport and amending Council Regulations (EEC) No Council Council Regulations (EEC) No 3821/85 i and (EC) No 2135/98 Regulations (EEC) No 3821/85 i and (EC) No 2135/98 and repealing Council 3821/85 and (EC) and repealing Council Regulation (EEC) No 3820/85 i No 2135/98 and repealing Regulation (EEC) No 3820/85 i (OJ L 102, 11.4.2006, p. 1). Council Regulation (EEC) No (OJ L 102, 11.4.2006, p. 1). 3820/85 (OJ L 102, 11.4.2006, p. 1).

  • 7. 
    Amendment 348 Recital 2a (new)
  • 8. 
    (2a) It is in the interests of road safety and enforcement that all drivers should be fully

    aware of both the rules on driving and rest times and the availability of rest facilities. Therefore, it is appropriate for Member States to work to

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

produce guidance that presents this Regulation in a clear and simple manner, gives useful information on parking and rest facilities and underlines the importance combating fatigue.

  • 9. 
    Amendment 349 Recital 2b (new)
  • 10. 
    (2b) It is in the interests of road safety to encourage transport undertakings to adopt a safety culture which includes safety policies and procedures issued by senior management, the commitment to implementing safety policy shown by the line management and the

    willingness to comply with safety rules shown by the workforce. There should be a clear focus on road transport safety issues, including fatigue, liability, journey planning, rostering, performance-based pay and

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

´just in time´ management. 11. Amendment 350

Recital 3 12. (3) The ex-post evaluation of (3) The ex-post evaluation of (3) The ex-post evaluation of

Regulation (EC) No 561/2006 i Regulation (EC) No 561/2006 i Regulation (EC) No 561/2006 i confirmed that inconsistent confirmed that inconsistent confirmed that inconsistent and ineffective enforcement of and ineffective enforcement of and ineffective enforcement of the Union social rules was the Union social rules was the Union social rules was mainly due to unclear rules, mainly due to unclear rules, mainly due to unclear rules, inefficient use of the control inefficient and unequal use of inefficient use of the control tools and insufficient the control tools and tools and insufficient administrative cooperation insufficient administrative administrative cooperation between the Member States. cooperation between the between the Member States. Member States, increasing the fragmentation of the European internal market.

  • 13. 
    (3a) In order to improve clarity and consistency, the

    exemption from the scope of Regulation (EC) No 561/2006 i for the non-commercial use of a vehicle should be defined.

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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  • 14. 
    Amendment 351

    Recital 4 15. (4) Clear, suitable and evenly (4) Clear, suitable and evenly (4) Clear, suitable and evenly

    enforced rules are also crucial enforced rules are also crucial enforced rules are also crucial for achieving the policy for achieving the policy for achieving the policy objectives of improving objectives of improving objectives of improving working conditions for drivers, working conditions for drivers, working conditions for drivers, and in particular ensuring and in particular ensuring and in particular ensuring undistorted competition undistorted and fair undistorted competition between operators and competition between operators between operators and contributing to road safety for and contributing to road safety contributing to road safety for all road users. for all road users. all road users.

  • 16. 
    Amendment 352

    Recital 4a (new) 17. (4a) Any national rules applied to

    road transport must be proportionate as well as justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the free movement of goods and the freedom to provide services in order to maintain or even increase the competitiveness

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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of the European Union 18. Amendment 353/rev

Recital 4b (new) 19. (4b) In order to ensure a

European-wide level playing field in road transport, this Regulation should apply to all vehicles exceeding 2,4 tonnes engaged in international transport.

  • 20. 
    (5) The existing requirement on (5) The existing requirement on breaks turned out to be breaks turned out to be

    unsuitable and impractical for unsuitable and impractical for drivers in a team. Therefore, it drivers in a team. Therefore, it is appropriate to adapt the is appropriate to adapt the requirement on recording requirement on recording breaks to the specificity of the breaks to the specificity of the transport operations carried out transport operations carried out by drivers driving in a team. by drivers driving in a team, without jeopardising the safety of the driver and road safety.

  • 21. 
    Amendment 354

    Recital 5a (new) 22. (5a) Transporting goods is

    fundamentally different from

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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transporting people. Coach drivers are in close contact with their passengers and should be in a position to take breaks with greater flexibility without extending driving periods or shortening rest periods and breaks.

  • 23. 
    Amendment 355

    Recital 6 24. (6) Drivers engaged in long(6) Drivers engaged in long(6) Drivers engaged in longdistance

    international transport distance international transport distance international transport operations spend long periods operations spend long periods operations spend long periods away from their home. The away from their home. The away from their home. The current requirements on the current requirements on the current requirements on the regular weekly rest regular weekly rest regular weekly rest […] may unnecessarily prolong those unnecessarily prolong those prolong those periods periods. It is thus desirable to periods. It is thus desirable to unnecessarily. It is thus adapt the provision on the adapt the provision on the desirable to adapt the provision regular weekly rest in such a regular weekly rest in such a on the regular weekly rest in way that it is easier for drivers way that it is easier for drivers such a way that it is easier for to carry out transport to carry out transport drivers to carry out transport operations in compliance with operations in compliance with operations in compliance with the rules and to reach their the rules and to reach their the rules and to reach their home for a regular weekly rest, home or a destination of their home for a regular weekly rest, and be fully compensated for choosing for a regular weekly and be fully compensated for

ANNEX TREE.2.A EN

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all reduced weekly rest rest, and be fully compensated all reduced weekly rest periods. for all reduced weekly rest periods. periods.

  • 25. 
    It is also necessary to provide It is also necessary to provide It is also necessary to provide that operators organise the that operators organise the that operators organise the

    work of drivers in such a way work of drivers in such a way work of drivers in such a way that these periods away from that these periods away from that these periods away from home are not excessively long. home are not excessively long. home are not excessively long When a driver chooses to and that drivers can benefit spend this rest period at home, from long rest periods taken the transport undertaking in compensation for reduced should provide the driver with weekly rest periods. the means to return. Organising the return should allow reaching an operational centre of the undertaking in its Member State of establishment or the driver's place of residence. The operator should be able to prove the organisation of the regular return through tachograph records, duty rosters of the drivers or similar evidence.

ANNEX TREE.2.A EN

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  • 26. 
    Amendment 356

    Recital 6a (new) 27. (6a) Where the work of a driver

    predictably includes activities for the employer other than his/her professional driving tasks, such as loading / unloading, finding parking space, maintaining the vehicle, route preparation etc, the time he/she needs to perform these tasks should be taken into account when determining both his/her working time, the possibility for adequate rest and pay.

ANNEX TREE.2.A EN

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  • 28. 
    Amendment 357

    Recital 6b (new) 29. (6b) In order to safeguard

    working conditions of the drivers at places of loading and unloading, owners and operators of such facilities should provide the driver with the access to hygienic facilities.

  • 30. 
    Amendment 358

    Recital 6c (new) 31. (6c) Rapid technological

    progress is resulting in the development of autonomous driving systems with increasing levels of sophistication. In the future, those systems could allow for a differentiated usage of vehicles the manoeuvring of which does not involve a driver. This could lead to new operational possibilities, such as truck

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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platooning. As a result, existing legislation, including rules on driving and resting times, will need to be adapted, for which progress at the UNECE Working Party level is essential. The Commission shall come forward with an evaluation report of the use of autonomous driving systems in the Member States, accompanied, if appropriate, by a legislative proposal to take into account the benefits of autonomous driving technologies. The intention of this legislation is to guarantee road safety, a level-playing field and proper working conditions, whilst enabling the EU to pioneer new innovative technologies and practices.

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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  • 32. 
    Amendment 359

    Recital 7 33. (7) There are differences among (7) There are differences (7) […] In order to promote

    Member States in the among Member States in social progress it is interpretation and the interpretation and appropriate to specify where implementation of the weekly implementation of the the weekly rest may be taken rest requirements as regards weekly rest requirements as ensuring that drivers enjoy the place where the weekly regards the place where the adequate rest conditions. The rest should be taken. It is weekly rest should be taken. quality of accommodation is therefore appropriate to clarify In order to ensure good particularly important that requirement to ensure that working conditions and the during the regular weekly drivers are provided with safety of drivers, it is rest, which the driver should adequate accommodation for therefore appropriate to spend away from the their regular weekly rest clarify that requirement to vehicle's cabin in a suitable periods if they are taken away ensure that drivers are accommodation, at the cost from home. provided with […] quality of the employer. and gender friendly accommodation or another location as chosen by the driver and paid for by the employer for their regular weekly rest periods if they are taken away from home. Member States should ensure the availability of sufficient secure parking

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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areas that are adapted to the needs of the drivers.

  • 34. 
    Amendment 360

    Recital 7a (new) 35. (7a) Dedicated Parking areas

    should have all of the facilities necessary for good resting conditions, that is to say sanitary, culinary, security and others.

  • 36. 
    Amendment 361

    Recital 7b (new) 37. (7b) Adequate resting facilities (7a) Safe and secure parking

    are crucial for improving areas equipped with drivers working conditions adequate resting facilities are in the sector and crucial for improving maintaining road safety. working conditions in the As rest in the cabin is sector and maintaining road characteristic for the safety. Therefore it is of transport sector and in utmost importance to certain cases desirable promote a development of from a comfort and parking infrastructure, suitability perspective, including rest areas, which drivers should be allowed would guarantee desired to take their rest in their safety, security and service

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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vehicle, if the vehicle is standards. equipped with suitable sleeping facilities. Therefore the creation of dedicated parking areas should not be disproportionally hindered or obstructed by Member States.

  • 38. 
    Amendment 362

    Recital 7c (new) 39. (7c) The revised TEN-T It is important that sufficient

    guidelines foresee the opportunities of co-funding development of parking by the European Union exist area’s on motorways in accordance with current approximately every 100 and future Union legal acts km to provide parking establishing the conditions space for commercial road for financial support, in users with an appropriate order to accelerate and level of safety and security promote the construction of and therefore Member this parking infrastructure. States should be However, Member States are encouraged to implement not obliged to finance the TEN-T guidelines and additional parking sufficiently support and infrastructure on their invest in safe and suitably territory beyond their

ANNEX TREE.2.A EN

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adapted parking areas. existing obligations under the Union guidelines for

TEN-T infrastructure. The Commission should review the availability of safe and secure parking areas.

  • 40. 
    Amendment 363

    Recital 7d (new) 41. (7d) In order to provide good

    quality affordable rest facilities, the Commission and Member States should encourage the establishment of social, commercial, public and other enterprises for the operation of dedicated parking areas.

  • 42. 
    (8) Drivers are often faced with (8) Drivers are […] faced with unforeseen circumstances unforeseeable circumstances which make it impossible to which make it impossible to reach a desired destination for reach a desired destination for taking a weekly rest without taking a weekly rest without violating Union rules. It is violating Union rules. It is desirable to make it easier for desirable to make it easier for drivers to cope with those drivers to cope with those

ANNEX TREE.2.A EN

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circumstances and enable them circumstances and enable them to reach their destination for a to reach their destination for a weekly rest without breaching weekly rest. Such exceptional the requirements on maximum circumstances are sudden driving times. circumstances that are unavoidable and may not be anticipated, where it unexpectedly becomes impossible to apply the Regulation's provisions in their entirety for a short period of time. In order to ensure proper enforcement, the driver should document the circumstances. In addition, a safeguard should ensure that driving time is not excessive […].

ANNEX TREE.2.A EN

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  • 43. 
    Amendment 364

    Recital 8a (new) 44. (8a) Many road transport

    operations within the Union involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding rest periods and breaks should therefore be laid down for such operations.

  • 45. 
    (9) To reduce and prevent (9) To reduce and prevent diverging enforcement diverging enforcement practices and to further practices and to further enhance the effectiveness and enhance the effectiveness and efficiency of cross-border efficiency of cross-border enforcement it is crucial to enforcement it is crucial to establish clear rules for regular establish clear rules for regular administrative cooperation administrative cooperation between Member States. between Member States.

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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  • 46. 
    Amendment 365

    Recital 9a (new) 47. (9a) In order to guarantee

    effective enforcement, it is essential that the competent authorities, when carrying out roadside checks should be able to ascertain that driving times and rest periods have been properly observed on the day of the check and over the preceding 56 days.

  • 48. 
    Amendment 366

    Recital 9b (new) 49. (9b) In order to ensure that

    rules are clear, easy to understand and enforceable, information must be made accessible to the drivers. This should be achieved through the coordination of the Commission. Drivers should also receive information on rest areas

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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and secure parking to allow for better planning of journeys. Furthermore, through the Commission's coordination a free telephone hotline should be installed to alert control services in case undue pressure is put on drivers, fraud or illegal behaviour.

  • 50. 
    Amendment 367

    Recital 9c (new) 51. (9c) Article 6 of Regulation

    (EC) No 1071/2009 obliges Member States to apply common classification of infringements when assessing good repute. Member States should take all measures necessary to ensure that national rules on penalties applicable to infringements of Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014 are

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

implemented in an effective, proportionate and dissuasive manner. Further steps are needed to ensure that all penalties applied by Member States are non-discriminatory and proportionate to the seriousness of infringement.

  • 52. 
    (10) In order to ensure uniform (10) In order to ensure uniform conditions for the conditions for the

    implementation of Regulation implementation of Regulation (EC) No 561/2006 i (EC) No 561/2006 implementing powers should implementing powers should be conferred on the be conferred on the Commission in order to clarify Commission in order to clarify any of the provisions of that any of the provisions of that Regulation and to establish Regulation and to establish common approaches on their common approaches on their application and enforcement. application and enforcement. Those powers should be Those powers should be exercised in accordance with exercised in accordance with Regulation (EU) No Regulation (EU) No

    182/2011 4 . 182/2011 4 .

    ____________ ____________

ANNEX TREE.2.A EN

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4 Regulation (EU) No 182/2011 i 4 Regulation (EU) No 182/2011 i of the European Parliament of the European Parliament

and of the Council of 16 and of the Council of 16 February 2011 laying down the February 2011 laying down the rules and general principles rules and general principles concerning mechanisms for concerning mechanisms for control by the Member States control by the Member States of the Commission's exercise of the Commission's exercise of implementing powers (OJ L of implementing powers (OJ L 55, 28.2.2011, p. 13). 55, 28.2.2011, p. 13).

  • 53. 
    Amendment 368

    Recital 11 54. (11) To enhance cost-effectiveness (11) To enhance cost-effectiveness (11) To enhance cost-effectiveness

    of enforcement of the social of enforcement of the social of enforcement of the social rules the potential of the rules […] the current and […] rules the potential of the current and future tachograph smart tachograph systems current and future tachograph systems should be fully should be […] mandatory in systems should be fully exploited. Therefore the international transport. exploited. Therefore the functionalities of the Therefore the functionalities of functionalities of the tachograph should be the tachograph should be tachograph should be improved to allow for more improved to allow for more improved to allow for more precise positioning, in precise positioning […]. precise positioning, in particular during international particular during international transport operations. transport operations.

ANNEX TREE.2.A EN

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  • 55. 
    Amendment 369

    Recital 11a (new) 56. (11a) The rapid development of For the same purpose, the

    new technologies and installation of smart digitalisation throughout the tachographs should be Union economy and the advanced in the existing need for a level playing field fleets which operate in among companies in international transport using international road transport analogue or digital make it necessary to shorten tachographs. the transitional period for the installation of the smart tachograph in registered vehicles. The smart tachograph will contribute to simplified controls and thus facilitate the work of national authorities.

  • 57. 
    (11a) In particular, in vehicles which are not equipped with a smart tachograph, the

    crossing of Member State borders should be recorded in the tachograph at the nearest stopping place at or after the border .

ANNEX TREE.2.A EN

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  • 58. 
    (11b) To ensure that drivers, operators and control

    authorities benefit at the soonest from the advantages of smart tachographs including their automated recording of border crossings, the existing vehicle fleet should be equipped with such devices within an appropriate period after the entry into force of the detailed technical provisions thus ensuring sufficient time for preparation.

  • 59. 
    Amendment 370

    Recital 11b (new) 60. (11b) Taking into account the

    wide-spread use of smartphones and the continuous development of their functionalities, and in view of the deployment of Galileo, which offers increasing opportunities for real time localisation, which

ANNEX TREE.2.A EN

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many mobile already use, the Commission should explore the possibility of developing and certifying a mobile application that offers the same benefits as those offered by the smart tachograph, at the same associated costs.

  • 61. 
    Amendment 371

    Recital 11c (new) 62. (11c) In order to guarantee

    appropriate health and safety standards for drivers, it is necessary to establish or upgrade secure parking areas, adequate sanitary facilities and quality accommodation. A sufficient network of parking areas should exist within the Union.

  • 63. 
    (11c) To reduce the burden on operators and control

    authorities in case that a control officer removes the

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

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seal of a tachograph for control purposes, the resealing by the control officer should be allowed under certain well documented circumstances.

  • 64. 
    (11d) It is important that road transport operators

    established in third countries, while performing road transport operations in the territory of the EU, are subject to rules which are equivalent to this legislation. The Commission should assess the fulfilment of this principle at EU level and propose adequate solutions to be negotiated by the EU in the context of AETR.

  • 65. 
    (12) Regulations (EC) No 561/2006 i (12) Regulations (EC) No 561/2006 i and (EU) 165/2014 of the and (EU) 165/2014 of the

    European Parliament and of European Parliament and of

    the Council 5 should therefore the Council 5 should therefore

    be amended accordingly. be amended accordingly. ____________ ____________

ANNEX TREE.2.A EN

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5 Regulation (EU) No 165/2014 i 5 Regulation (EU) No 165/2014 i of the European Parliament of the European Parliament

and of the Council of 4 and of the Council of 4 February 2014 on tachographs February 2014 on tachographs in road transport, repealing in road transport, repealing Council Regulation (EEC) No Council Regulation (EEC) No 3821/85 i on recording 3821/85 on recording equipment in road transport equipment in road transport and amending Regulation (EC) and amending Regulation (EC) No 561/2006 i of the European No 561/2006 of the European Parliament and of the Council Parliament and of the Council on the harmonisation of certain on the harmonisation of certain social legislation relating to social legislation relating to road transport (OJ L 60, road transport (OJ L 60, 28.2.2014, p. 1). 28.2.2014, p. 1).

  • 66. 
    Amendment 372

    Recital 12a (new) 67. (12a) Acknowledges that

    transporting goods is different from transporting people. Coach drivers are in close contact with their passengers and should be given more suitable conditions within the framework of this

ANNEX TREE.2.A EN

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Regulation without extending driving times or shortening rest periods and breaks. Therefore, the Commission shall evaluate if specific rules for this sector can be adopted, especially for occasional services as defined in Article 2 paragraph 1 number 4 of Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009 on common rules for access to the international market for coach and bus services.

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  • 68. 
    HAVE ADOPTED THIS REGULATION:
  • 69. 
    Article 1 Article 1
  • 72. 
    (-1) In Article 2(1), the following point is inserted:
  • 73. 
    "(-aa) of goods in international transport operations, where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 2,4 tonnes, or"

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  • 74. 
    Amendment 374

    Article 1- paragraph 1- point -1a (new)

    Regulation (EC) No 561/2006 i Article 3 - paragraph 1 - point a a 75. (-1a) In Article 3, point (aa) is

    replaced by the following: 76. (aa) vehicles or combinations of “(aa) vehicles or combinations of

    vehicles with a maximum vehicles with a maximum permissible mass not permissible mass not exceeding 7,5 tonnes used for exceeding 7,5 tonnes used for carrying materials, carrying materials, equipment or machinery for equipment or machinery for the driver’s use in the course the driver’s use in the course of his work, and which are of his work, or delivering used only within a 100 km goods which have been radius from the base of the produced on a craft basis in undertaking and on the the undertaking employing condition that driving the the driver and which are used vehicle does not constitute only within a 150 km radius the driver’s main activity; from the base of the undertaking and on the condition that driving the vehicle does not constitute the driver’s main activity;”

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  • 78. 
    (1a) In Article 3, the following point is inserted:
  • 79. 
    “(ha) light commercial vehicles that are used for the

    transport of goods, where the transport is not effected for hire or reward, but on the own account of the company or the driver, and where driving does not constitute the main activity of the person driving the vehicle;”

  • 80. 
    (1) in Article 3, the following deleted point (h) is replaced by the

    following:

  • 81. 
    "(h) vehicles or combinations of deleted [Note: existing text: " h)

    vehicles used for the nonvehicles with a maximum commercial carriage of goods;" permissible mass not exceeding 7,5 tonnes used for the non-commercial

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carriage of goods;"]

  • 83. 
    (2) In Article 4, the following (1) in Article 4, the following point (r) is added: point is added:
  • 84. 
    "(r) 'non-commercial carriage' (r) ‘non-commercial carriage’ "(r) 'non-commercial carriage'

    means any carriage by road, other means any carriage by road, other means any carriage by road, other than carriage for hire or reward or than carriage for hire or reward or than carriage for hire or reward or for own account, for which no for own account, for which no for own account, for which no remuneration is received and which remuneration is received and which direct or indirect remuneration is does not generate any income. does not generate any income or received and which does not turnover. directly or indirectly generate any income for the driver of the vehicle or others and where there is no link with professional or commercial activity;

  • 86. 
    (2a) In Article 4, the following point is added:

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  • 87. 
    “(ra) ‘home’ means the registered

    residence of the driver in a Member State.”

  • 89. 
    (2b) In Article 5, paragraph 1 is replaced by the following:
  • 90. 
    1. The minimum age for

    conductors shall be 18 years. “1. The minimum age for […] drivers shall be 18 years.”

  • 91. 
    (3) in Article 6(5), the first (2) […]Article 6(5) […] is sentence is replaced by the replaced by the following: following:
  • 92. 
    "A driver shall record as other work "A driver shall record as other work

    any time spent as described in any time spent as described in Article 4(e) as well as any time Article 4(e) as well as any time spent driving a vehicle used for spent driving a vehicle used for commercial operations not falling commercial operations not falling within the scope of this Regulation, within the scope of this Regulation, and shall record any periods of and shall record any periods of availability, as defined in Article availability, as defined in Article 3(b) of Directive 2002/15/EC i, in 3(b) of Directive 2002/15/EC i, in

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accordance with Article accordance with Article 34(5)(b)(iii) of Regulation (EU) No 34(5)(b)(iii) of Regulation (EU) No 165/2014 i. This record shall be 165/2014. This record shall be entered either manually on a record entered either manually on a record sheet, a printout or by use of sheet, a printout or by use of manual input facilities on recording manual input facilities on recording equipment."; equipment.";

  • 93. 
    (4) in Article 7, the following third (3) in Article 7, the following third paragraph is added: paragraph is added:
  • 94. 
    "A driver engaged in multi "A driver engaged in multimanning

    may decide to take a break manning may […] take a break of of 45 minutes in a vehicle driven by 45 minutes in a vehicle driven by another driver provided that the another driver provided that the driver taking the break is not driver taking the break is not involved in assisting the driver involved in assisting the driver driving the vehicle."; driving the vehicle.";

  • 95. 
    (5) Article 8 is amended as (4) Article 8 is amended as follows: follows:

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  • 97. 
    (a) in paragraph 6, the first deleted (a) […] paragraph 6 […] is replaced

    subparagraph is replaced by the by the following: following:

  • 98. 
    "6. In any four consecutive deleted "6. In any four consecutive

    weeks a driver shall take at least: weeks a driver shall take at least […] four weekly rest periods, of

    • a) 
      four regular weekly rest which at least two shall be periods, or regular weekly rest periods.

    (b) two regular weekly rest […]

    periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours.

  • 99. 
    For the purposes of point (b), the deleted […] The reduced weekly rest

    reduced weekly rest periods shall periods shall be compensated by be compensated by an equivalent an equivalent period of rest taken period of rest taken en bloc before en bloc before the end of the third the end of the third week following week following the week in question. In case that two

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the week in question reduced weekly rest periods are taken consecutively, the weekly rest period following thereafter shall be preceded or followed

by a rest period taken as compensation.

  • 100. 
    A weekly rest period shall start no

    later than at the end of six 24- hour periods from the end of the previous weekly rest period.";

  • 101. 
    (b) paragraph 7 is replaced by the deleted

    following:

  • 103. 
    "7. Any rest period taken as 7. Any rest period taken as deleted

    compensation for a reduced weekly compensation for a reduced weekly rest period shall immediately rest period shall […] be attached to precede or follow a regular weekly a regular weekly rest period of at rest period of at least 45 hours."; least 45 hours.

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  • 104. 
    (c) the following paragraphs 8a and (c) […] Paragraph 8 […] is

    8b are inserted: replaced by the following:

  • 105. 
    "8. Where a driver chooses to do

    this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary.

  • 106. 
    Amendment 382

    Article 1 - paragraph 1 - point 5 point c

    Regulation (EC) No 561/2006 i Article 8 - paragraph 8a -

    introductory part 107. "8a. The regular weekly rest 8a. The regular weekly rest

    periods and any weekly rest of periods, and any weekly rest of […] Regular weekly rest periods more than 45 hours taken in more than 45 hours taken in and any weekly rest of more than compensation for previous compensation for previous 45 hours taken in compensation reduced weekly rest shall not reduced weekly rest shall not for previous reduced weekly rest be taken in a vehicle. They be taken in a vehicle. They shall not be taken in a vehicle. shall be taken in a suitable shall be taken in a […] quality […]

    accommodation, with and gender friendly adequate sleeping and sanitary accommodation, outside the

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facilities: cabin, with adequate […] sanitary and sleeping facilities for the driver. That

accommodation shall be: 108. Amendment 383

Article 1 - paragraph 1 - point 5 point c

Regulation (EC) No 561/2006 i Article 8 - paragraph 8a -point a 109. (a) either provided or paid for by (a) either provided by or paid for

the employer, or by the employer, or Any costs for accommodation outside the vehicle shall be

covered by the employer.

  • 110. 
    Amendment 384

    Article 1 - paragraph 1 - point 5 - point c

    Regulation (EC) No 561/2006 i Article 8 - paragraph 8a - point b 111. (b) at home or at another private (b) at the driver’s home or at

    location chosen by the driver. another private location chosen by the driver.

  • 112. 
    At the latest [OJ: three years

    after entry into force], the Commission shall assess the availability of safe and secure parking places allowing for a

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comfortable rest while the vehicle is stationary.";

  • 113. 
    (d) The following paragraph is

    inserted:

  • 115. 
    8b. A transport undertaking shall 8b. A transport undertaking shall "8a. A transport undertaking shall

    organise the work of drivers in such organise the work of drivers in such organise the work of drivers in a way that the drivers are able to a way that the drivers are able to such a way that the drivers are spend at least one regular weekly spend at least one regular weekly able to […] return to one of the rest period or a weekly rest of more rest period or a weekly rest of more operational centres in the than 45 hours taken in than 45 hours taken in Member State of the employer's compensation for reduced weekly compensation for reduced weekly establishment or to the drivers' rest at home within each period of rest at home […] or another place of residence within each three consecutive weeks."; location of the driver's choosing period of four consecutive before the end of each period of weeks, in order to spend at least […] four consecutive weeks. The one regular weekly rest period driver shall inform the transport or a weekly rest of more than undertaking in writing no later 45 hours taken in compensation than two weeks before such rest for reduced weekly rest.

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period, if it will be taken in a place However, in case that a driver other than the driver’s home. has taken two reduced weekly When a driver chooses to take this rest periods consecutively rest at home, the transport without return, the transport undertaking shall provide the undertaking shall organise the driver with the necessary means to work of the driver in such a return home. The undertaking way that the driver is able to shall document how it fulfils this return already at the end of the obligation and shall keep the third week. The undertaking documentation at its premises in shall document how it fulfils order to present it on request of this obligation and shall keep control authorities. the documentation at its premises in order to present it on request of control authorities.";

  • 117. 
    In Article 8, paragraph 8b, the

    following subparagraph is added:

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  • 118. 
    “The driver shall declare that a

    regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for a reduced weekly rest, has been taken in a location of driver’s choice. The declaration shall be kept at the premises of undertaking.”

  • 120. 
    (ca) the following paragraph is

    added:

  • 121. 
    “9a. The Commission shall no

    later than … [two years after entry into force of this amending Regulation] evaluate and report to Parliament and Council if more adequate rules for drivers engaged in occasional services of carriage of passengers can be adopted, as

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defined in Article 2 paragraph 1 number 4 of Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009 on common rules for access to the international market for coach and bus services.”

  • 123. 
    (5a) The following Article is

    inserted:

  • 124. 
    "Article 8a
  • 125. 
    1. By [six months after the

    entry into force of this Regulation] Member States shall communicate to the Commission the locations of Dedicated Parking Areas (DPA) available on their territories and shall subsequently notify any changes to this information. The Commission shall list all publicly

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accessible DPA on a single official website that is regularly updated.

  • 126. 
    2. All parking areas that have

    at least the facilities and features set out in Annex 1 and which are published by the Commission in accordance with paragraph 2 may indicate at their entrance that they are DPA.

  • 127. 
    3. Member States shall ensure

    that random checks are carried out on a regular basis to verify compliance of parking characteristics with the DPA criteria set out in Annex.

  • 128. 
    4. Member States shall

    investigate complaints of certified DPAs that are non-compliant with the criteria set out in Annex.

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  • 129. 
    5. Member States shall

    encourage the creation of Dedicated Parking areas in line with the provisions set out in point (c) of Article 39(2) of the Regulation (EU) No 1315/2013 i.

  • 130. 
    The Commission shall, by 31

    December 2020 at the latest, present a report to the European Parliament and the Council on the availability of suitable rest facilities for drivers and secured parking facilities. This report shall be accompanied by the draft regulation establishing standards and procedures for certification of DPA referred to in paragraph 4 of this Article. This report shall be updated annually on the basis of information gathered by the Commission under paragraph 5 and contain a list of proposed measures to increase the number and quality of suitable rest facilities for drivers and secured

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parking facilities.”

  • 132. 
    (6) in Article 9, paragraph 1 is (5) in Article 9, paragraph 1 is replaced by the following: replaced by the following:
  • 133. 
    "9. By way of derogation from 1. By way of derogation from "1. By way of derogation from

    Article 8, where a driver Article 8, where a driver Article 8, where a driver accompanies a vehicle which is accompanies a vehicle which is accompanies a vehicle which is transported by ferry or train, and transported by ferry or train, and transported by ferry or train, and takes a regular daily rest period or takes a regular daily rest period or takes a regular daily rest period or reduced weekly rest period, that reduced weekly rest period, that […] weekly rest period, that period period may be interrupted not more period may be interrupted not more may be interrupted not more than than twice by other activities not than twice by other activities not twice by other activities not exceeding one hour in total. During exceeding one hour in total. During exceeding one hour in total. During that regular daily rest or reduced that regular daily rest or reduced that regular daily rest or […] weekly rest period the driver shall weekly rest period the driver shall weekly rest period the driver shall have access to a bunk or couchette have access to a sleeper cabin, have access to a bunk or couchette at their disposal."; bunk or couchette at their disposal. at their disposal.";

  • 134. 
    (5a) Article 11 shall read as follows:

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  • 135. 
    "A Member State may provide for

    longer minimum breaks and rest periods or shorter maximum driving times than those laid down in Articles 6 to 9 in the case of carriage by road undertaken wholly within its territory. In so doing, Member States shall take account of relevant collective or other agreements between the social partners. Nevertheless, this Regulation shall remain applicable to drivers engaged in international transport operations.

  • 136. 
    A Member State may under the

    same conditions provide that a driver engaged exclusively in carriage by road undertaken wholly within its territory shall in any two consecutive weeks take at least:

  • 137. 
    two regular weekly rest periods, or

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  • 138. 
    one regular weekly rest period and one reduced weekly rest period of at least 24 hours, whereby the

    reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question."

  • 140. 
    (6a) in Article 9, the following

    paragraph is inserted:

  • 141. 
    "1a. The derogation in paragraph

    1 may be extended to regular weekly rests when the ferry journey is 12 hours or more in duration. During that weekly rest period the driver shall have access to a sleeper cabin."

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  • 143. 
    (6a) in Article 10, paragraph 1 is

    replaced by the following

  • 144. 
    1. A transport undertaking shall "1. A transport undertaking shall

    not give drivers it employs or who not give drivers it employs or who are put at its disposal any payment, are put at its disposal any extra even in the form of a bonus or wage payment, even in the form of a supplement, related to distances bonus or wage supplement, related travelled and/or the amount of to distances travelled, the speed of goods carried if that payment is of delivery and/or the amount of such a kind as to endanger road goods carried if that payment […] safety and/or encourages encourages infringement of this infringement of this Regulation. Regulation.”

  • 145. 
    (7) in Article 12, the following (6) […] Article 12 is replaced by second paragraph is added: the following […]:

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  • 147. 
    "Provided that road safety is not

    thereby jeopardised and to enable the vehicle to reach a suitable stopping place, the driver may depart from Articles 6 to 9 to the extent necessary to ensure the safety of persons, of the vehicle or its load.

  • 148. 
    "Provided that road safety is not Provided that road safety is not Provided that road safety is not

    thereby jeopardised, the driver may thereby jeopardised, the driver may thereby jeopardised, the driver may, depart from Article 8(2) and the depart exceptionally from Article in exceptional circumstances, also second subparagraph of Article 8(6) […] 6(1) and (2) after a rest of 30 depart from Article 6(1) and (2) to be able to reach a suitable minutes, so as to be able to reach and Article 8(2) […] by exceeding accommodation as referred to in […] within two hours the the daily and weekly driving time Article 8(8a) to take a daily or employer's operational centre by up to one hour in order to weekly rest there. Such a departure where the driver is normally based reach the employer's operational shall not result in exceeding daily and where the driver’s regular centre for taking a weekly rest. or weekly driving times or weekly rest shall begin. The driver The driver shall indicate the reason shortening daily or weekly rest shall indicate the reason for such for such departure manually on the periods. The driver shall indicate departure manually on the […] record sheet of the recording the reason for such departure printout from the recording equipment or on a printout from the

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manually on the record sheet of the equipment […]. This period of up recording equipment or in the duty recording equipment or on a to two hours shall be compensated roster, at the latest on arrival at the printout from the recording by an equivalent period of rest destination or the suitable […] equipment or in the duty roster, at taken en bloc with any rest period, stopping place."; the latest on arrival at the suitable by the end of the third week accommodation. following the week in question

  • 150. 
    (7a) In Article 13(1), point (d) is

    replaced by the following:

  • 151. 
    (d) vehicles or combinations of “(d) vehicles or combinations of

    vehicles with a maximum vehicles with a maximum permissible mass not exceeding 7,5 permissible mass not exceeding 7,5 tonnes used by universal service tonnes used by universal service providers as defined in Article providers as defined in Article 2 2(13) of Directive 97/67/EC i of the (13) of Directive 97/67/EC i of the European Parliament and of the European Parliament and of the Council of 15 December 1997 on Council of 15 December 1997 on common rules for the development common rules for the development of the internal market of of the internal market of Community postal services and the Community postal services and the

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improvement of quality of service improvement of quality of service to deliver items as part of the to deliver items as […] part of universal service. postal items as defined in Article 2(6) of Directive 97/67/EC i.”

  • 153. 
    (7b) In Article 13(1), point (e) is (7) Article 13 (1) is amended as

    replaced by the following follows:

    (a) point (e) is replaced by the following:

  • 154. 
    (e) vehicles operating exclusively "(e) vehicles operating exclusively "(e) vehicles operating

    on islands not exceeding 2 300 on islands or regions isolated from exclusively on islands or isolated square kilometres in area which are the rest of the national territory regions from the rest of the not linked to the rest of the national not exceeding 2 300 square national territory not exceeding territory by a bridge, ford or tunnel kilometres in area which are not 2.300 square kilometres in area open for use by motor vehicles; […] connected to the rest of the which are not linked to the rest of national territory by a bridge, ford the national territory by a bridge, or tunnel open for use by motor ford or tunnel open for use by vehicles, and which do not border motor vehicles, nor are they another Member State;" bordering any other Member State.";

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  • 156. 
    (7c) in Article 13(1), the following (b) the following point (q) is point is added: added:
  • 157. 
    "(pa) vehicles or combinations of "(q) vehicles used for the delivery vehicles with a maximum of ready-mixed concrete.";

    permissible mass not exceeding 44 tonnes employed by a construction undertaking up to a 100 km radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity;"

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  • 159. 
    (8) in Article 14, paragraph 2 is (8) in Article 14, paragraph 2 is replaced by the following: replaced by the following:
  • 160. 
    "2. In urgent cases Member 2. In urgent cases Member "2. In urgent cases Member

    States may grant, under exceptional States may grant, under exceptional States may grant, under exceptional circumstances, a temporary circumstances, a temporary circumstances, a temporary exception for a period not exception for a period not exception for a period not exceeding 30 days, which shall be exceeding 30 days, which shall be exceeding 30 days, which shall be duly justified and notified duly justified and notified duly justified and notified immediately to the Commission."; immediately to the Commission. immediately to the Commission.";

    This information shall be published on a dedicated public website maintained by the Commission in all EU languages.

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  • 162. 
    (9) Article 15 is replaced by the (9) Article 15 is replaced by the following: following:
  • 163. 
    "Article 15 "Article 15
  • 164. 
    Member States shall ensure that Member States shall ensure that Member States shall ensure that

    drivers of vehicles referred to in drivers of vehicles referred to in drivers of vehicles referred to in Article 3(a) are governed by Article 3(a) are governed by Article 3(a) are governed by national rules which provide national rules which provide national rules which provide adequate protection in terms of adequate protection in terms of adequate protection in terms of permitted driving times and permitted driving times and permitted driving times and mandatory breaks and rest periods. mandatory breaks and rest periods. mandatory breaks and rest periods. Member States shall inform the […] It is in the interests of drivers’ Member States shall inform the Commission about the relevant working conditions, as well as Commission about the relevant national rules applicable to such road safety and enforcement that national rules applicable to such drivers."; Member States provide parking drivers."; and rest areas, free from snow and ice in the wintertime, especially in the outermost and/or peripheral regions of the European Union.

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  • 165. 
    (9a) Article 16, paragraph 3, subparagraph (a) is replaced by the following:
  • 166. 
    [Existing text:] (a) include all the "(a) include all the particulars

    particulars specified in paragraph 2 specified in paragraph 2 for a for a minimum period covering the minimum period covering the day previous 28 days; these particulars of control and the previous 56 must be updated on regular […] days; these particulars must be intervals, the duration of which updated on regular intervals, the may not exceed one month; duration of which may not exceed one month;"

  • 168. 
    (9a) In Article 17, the following

    paragraph is inserted:

  • 169. 
    "3a. The report shall include an

    evaluation of the use of autonomous driving systems in the Member States and the possibility for the driver to record the period during which an autonomous

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driving system is activated and shall be accompanied, if appropriate, by a legislative proposal to amend this Regulation, including the necessary requirements for the driver to record those data in the smart tachograph."

  • 171. 
    (10) in Article 19, paragraph 1 is (10) in Article 19, paragraph 1 is replaced by the following: replaced by the following:
  • 172. 
    "1. Member States shall lay 1. Member States shall lay "1. Member States shall lay

    down rules on penalties applicable down rules on penalties applicable down rules on penalties applicable to infringements of this Regulation to infringements of this Regulation to infringements of this Regulation and Regulation (EU) No 165/2014 i and Regulation (EU) No 165/2014 i and Regulation (EU) No 165/2014 i and shall take all measures and shall take all measures and shall take all measures necessary to ensure that they are necessary to ensure that they are necessary to ensure that they are implemented. Those penalties shall implemented. Those penalties shall implemented. Those penalties shall be effective, proportionate to their be effective and proportionate to be effective, proportionate to their gravity as determined in accordance […] the gravity […] of the gravity as determined in accordance with Annex III to Directive infringements, as indicated in with Annex III to Directive 2006/22/EC i of the European Annex III to Directive 2006/22/EC i 2006/22/EC of the European

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COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18 Parliament and of the Council , of the European Parliament and of Parliament and of the Council 6 ,

dissuasive and non-discriminatory. the Council12, dissuasive and nondissuasive and non-discriminatory. No infringement of this Regulation discriminatory. No infringement of No infringement of this Regulation and Regulation (EU) No 165/2014 i this Regulation and of Regulation and Regulation (EU) No 165/2014 i shall be subjected to more than one (EU) No 165/2014 shall be […] shall be subjected to more than one penalty or procedure. The Member subject to more than one penalty or penalty or procedure. The Member States shall notify the Commission procedure. The Member States States shall notify the Commission of those measures and the rules on shall […], by the date specified in of those measures and the rules on penalties by the date specified in the second subparagraph of Article penalties by the date specified in the second subparagraph of Article 29, […] notify the Commission of the second subparagraph of Article 29. They shall notify without delay those rules and measures, along 29. They shall notify without delay any subsequent amendments with the method and criteria any subsequent amendments thereto. The Commission shall chosen at national level for thereto. The Commission shall inform Member States assessing their proportionality. inform Member States accordingly."; […] The Member States shall accordingly."; notify without delay any

subsequent amendment […] ___

affecting them. The Commission shall inform Member States […] of those rules and measures, and of any amendments thereto. This information shall be published on a dedicated public website maintained by the Commission in all EU languages, containing detailed information on such

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penalties applicable in EU Member States.

____________ _________

6 Directive 2006/22/EC i of the 6 Directive 2006/22/EC i of the

European Parliament and of European Parliament and of

the Council of 15 March 2006 the Council of 15 March 2006

on minimum conditions for the on minimum conditions for the

implementation of Council implementation of Council

Regulations (EEC) No Regulations (EEC) No

3820/85 and (EEC) No 3820/85 and (EEC) No

3821/85 concerning social 3821/85 concerning social

legislation relating to road legislation relating to road

transport activities and transport activities and

repealing Council Directive repealing Council Directive

88/599/EEC (OJ L 102, 88/599/EEC (OJ L 102,

11.4.2006, p. 35). 11.4.2006, p. 35).

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  • 173. 
    (11) Article 22 is amended as (11) Article 22 is amended as follows: follows:
  • 174. 
    (a) paragraph 1 is replaced (a) paragraph 1 is replaced by the following: by the following:
  • 175. 
    "1. Member States shall work in "1. Member States shall work in

    close cooperation and provide each close cooperation and provide each other with mutual assistance other with mutual assistance without undue delay in order to without undue delay in order to facilitate the consistent application facilitate the consistent application of this Regulation and its effective of this Regulation and its effective enforcement, in line with the enforcement, in line with the requirements set out in Article 8 of requirements set out in Article 8 of Directive 2006/22/EC i."; Directive 2006/22/EC i.";

  • 176. 
    (b) in paragraph 2, the (b) in paragraph 2, the following point (c) is added: following point (c) is added:
  • 177. 
    "(c) other specific information, "(c) other specific information,

    including the risk rating of the including the risk rating of the undertaking, liable to have undertaking, liable to have consequences for compliance with consequences for compliance with the provisions of this Regulation."; the provisions of this Regulation.";

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  • 178. 
    (c) the following (c) the following paragraphs 3a and 3b are paragraphs 3a and 3b are inserted: inserted:
  • 179. 
    "3a. For the purpose of the "3a. For the purpose of the

    exchange of information within the exchange of information within the framework of this Regulation, framework of this Regulation, Member States shall use the bodies Member States shall use the bodies for intracommunity liaison for intracommunity liaison designated pursuant to Article 7 of designated pursuant to Article 7 of Directive 2006/22/EC i. Directive 2006/22/EC i.

  • 180. 
    3b. Mutual administrative 3b. Mutual administrative

    cooperation and assistance shall be cooperation and assistance shall be provided free of charge."; provided free of charge.";

  • 181. 
    (11a) in Article 24, the following paragraph is inserted:

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  • 184. 
    (12) in Article 25, paragraph 2 is (12) in Article 25, paragraph 2 is replaced by the following: replaced by the following:
  • 185. 
    "2. In the cases referred to in 2. In the cases referred to in "2. In the cases referred to in

    paragraph 1 the Commission shall paragraph 1 the Commission shall point (b) of paragraph 1 the adopt implementing acts setting out adopt implementing acts setting out Commission shall adopt common approaches in accordance common approaches for the implementing acts setting out with the advisory procedure implementation of this Regulation, common approaches in accordance referred to in Article 24(2)." in accordance with the advisory with the […]examination procedure referred to in Article procedure referred to in Article 24(2). 24(2a).";

  • 187. 
    (12a) The following Annex is

    added:

  • 188. 
    "Minimum requirements for the

    parking areas

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  • 189. 
    Part A: Service facilities
  • 190. 
    1) Toilets with water taps,

    clean, in working condition and checked regularly:

  • 191. 
    - up to 10 places, at least one toilet block with four toilets;
  • 192. 
    - from 10 up to 25 places, at least one toilet block with eight toilets;
  • 193. 
    - from 25 up to 50 places, at least two toilet blocks with 10 toilets each;
  • 194. 
    - from 50 up to 75 places, at least two toilet blocks with 15 toilets each;
  • 195. 
    - from 75 up to 125 places, at least four toilet blocks with 15 toilets each;
  • 196. 
    - over 125 places, at least six toilet blocks with 15 toilets each.

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  • 197. 
    2) Showers clean, in working

    condition and checked regularly:

  • 198. 
    - up to 10 places, at least one shower block with two

    showers; 199. - from 25 up to 50 places, at

    least two shower blocks with five showers each;

  • 200. 
    - from 50 up to 75 places, at least two shower blocks with 10 showers each;
  • 201. 
    - from 75 up to 125 places, at least four shower blocks

    with 12 showers each; 202. - over 125 places, at least six

    shower blocks with 15 showers each.

  • 203. 
    3) Adequate access to drinking

    water;

  • 204. 
    4) Suitable cooking facilities,

    snack-bar or restaurant;

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  • 205. 
    5) Shop present with variety of

    food, beverages etc. at the site or nearby;

  • 206. 
    6) Waste bins available in

    adequate amount and capacity;

  • 207. 
    7) Shelter against rain or sun

    near parking area;

  • 208. 
    8) Contingency plan/

    management available/ emergency contacts known to the staff;

  • 209. 
    9) Picnic tables with benches or

    alternatives available in reasonable amount;

  • 210. 
    10) Dedicated Wi-Fi service;
  • 211. 
    11) Cashless reservation,

    payment and invoice system;

  • 212. 
    12) Indication system of slot

    availability both at the location and online;

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  • 213. 
    13) The facilities are gender

    friendly.

  • 214. 
    Part B: Security features
  • 215. 
    1) A continuous separation of

    the parking area and its surroundings, such as fences or alternative barriers, which prevents casual entry and intentional unlawful entry or delays the entry;

  • 216. 
    2) Only users of the truck

    parking area and truck parking area staff are to be given access to the parking;

  • 217. 
    3) Digital recording (at least

    25fps) in place. The system records either continuously or in motion detection mode;

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  • 218. 
    4) CCTV system that has the

    possibility to cover the whole fence ensuring that all activities near or at the fence can be clearly recorded (CCTV recording view);

  • 219. 
    5) Site surveillance by patrols

    or otherwise;

  • 220. 
    6) Each crime incident shall be

    reported to the truck parking area staff and the police. If possible the vehicle has to be kept stationary pending instructions from police;

  • 221. 
    7) Lighted driving and

    pedestrian lanes at all times;

  • 222. 
    8) Pedestrian safety in the

    dedicated parking areas;

  • 223. 
    9) Parking area surveillance

    through appropriate and proportionate security checks;

  • 224. 
    10) Clearly indicated phone

    number(s) of emergency services."

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  • 225. 
    Article 2 Article 2
  • 228. 
    (-1) Article 1, paragraph 1 is (-1) In Article 1, the first

    replaced by the following: subparagraph of paragraph 1 is replaced by the

    following: 229. 1. This Regulation sets out “1. This Regulation sets out "1. This Regulation sets out

    obligations and requirements obligations and requirements obligations and requirements in relation to the construction, in relation to the construction, in relation to the construction, installation, use, testing and installation, use, testing and installation, use, testing and control of tachographs used in control of tachographs used in control of tachographs used in road transport, in order to road transport, in order to road transport, in order to verify compliance with verify compliance with verify compliance with Regulation (EC) No 561/2006 i, Regulation (EC) No 561/2006 i, Regulation (EC) No 561/2006 i, Directive 2002/15/EC i of the Directive 2002/15/EC i of the Directive 2002/15/EC i of the European Parliament and of European Parliament and of European Parliament and of the Council 7 and Council the Council 7 and Council the Council 7 and Council Directive 92/6/EEC i 8 . Directive 92/6/EEC i 8 , Directive 92/6/EEC i 8 , Council

    ____________ Regulation (EC) No Directive 92/106/EEC i 9 ,

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7 Directive 2002/15/EC i of the 1072/2009, Council Directive Regulation (EC) No European Parliament and of 92/106/EEC 8a , Directive 1072/2009, Regulation (EC) the Council of 11 March 2002 96/71/EC and Directive No 1073/2009, Directive on the organisation of the 2014/67/EU as far as the 96/71 and Directive working time of persons posting of workers in road 2014/67/EU as far as posting performing mobile road transport is concerned, and of workers in road transport transport activities (OJ L 80, with the Directive laying down is concerned, and with the 23.3.2002, p. 35). specific rules with respect to Directive xxx/xxx/EU laying

8 Council Directive 92/6/EEC i of Directive 96/71/EC i and down specific rules with 10 February 1992 on the Directive 2014/67 i/EU for respect to Directive 96/71/EC i installation and use of speed posting drivers in road and Directive 2014/67 i/EU for limitation devices for certain transport.” posting drivers in road categories of motor vehicles in ____________ transport.*"

the Community (OJ L 57, 7 Directive 2002/15/EC i of the ____________ 2.3.1992, p. 27). European Parliament and of * Note: References to rules on

the Council of 11 March posting of workers to be 2002 on the organisation of aligned with the final the working time of persons compromise on those files. performing mobile road 7 Directive 2002/15/EC i of the transport activities (OJ L 80, European Parliament and of 23.3.2002, p. 35). the Council of 11 March 2002

8 Council Directive 92/6/EEC i on the organisation of the of 10 February 1992 on the working time of persons installation and use of speed performing mobile road

limitation devices for certain transport activities (OJ L 80, categories of motor vehicles 23.3.2002, p. 35).

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in the Community (OJ L 57, 8 Council Directive 92/6/EEC i of 2.3.1992, p. 27). 10 February 1992 on the

8a Council Directive installation and use of speed 92/106/EEC of 7 December limitation devices for certain 1992 on the establishment of categories of motor vehicles in common rules for certain the Community (OJ L 57,

types of combined transport 2.3.1992, p. 27). of goods between Member 9 Council Directive States (OJ L 368, 92/106/EEC of 7 December 17.12.1992, p. 38). 1992 on the establishment of common rules for certain types of combined transport of goods between Member States, OJ L 368, 17.12.1992, p. 38.

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  • 231. 
    (-1a) In Article 2(2), the following

    point is inserted:

  • 232. 
    "(ha) ‘smart tachograph’ means a

    digital tachograph using a positioning service based on a satellite navigation system automatically determining its position in accordance with this Regulation;"

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  • 234. 
    (-1b) In Article 3, paragraph 4 is (-1a) In Article 3, paragraph 4 is replaced by the following: replaced by the following:
  • 235. 
    4. 15 years after newly “4. No later than 1 ... [OJ: 3 years "4. No later than four registered vehicles are required to after the entry into force of this years after the end of the have a tachograph as provided in amending Regulation], the year of entry into force* of Articles 8, 9 and 10, vehicles following vehicles shall be fitted detailed provisions referred operating in a Member State other with a smart tachograph: to in the second sentence of than their Member State of the first paragraph of Article

    registration shall be fitted with such ____________ 11 which contain

    a tachograph 1 Assuming the entry into force specifications for the

    of the recording of border-crossing road package in 2019, the and additional activities, all Commission’s implementing vehicles operating in a act for smart tachograph Member State other than version 2 by 2019/2020 (see their Member State of Art. 11 below), applying registration which are fitted thereafter a staggered with a tachograph not approach to retrofitting. complying with the

    specifications in those detailed provisions, shall be fitted with a smart

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tachograph as provided in Articles 8, 9 and 10 of this Regulation.";

____________

  • * 
    [NOTE: expected as being end of 2024.]
  • 236. 
    (a) vehicles operating in a

    Member State other than their Member State of registration which are fitted with an analogue tachograph,

  • 237. 
    (b) vehicles operating in a

    Member State other than their Member State of registration which are fitted with a digital tachograph complying with the specifications in Annex IB to Council Regulation (EEC) No 3821/85 applicable until 30 September 2011; or

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  • 238. 
    (c) vehicles operating in a

    Member State other than their Member State of registration which are fitted with a digital tachograph complying with the specifications in Annex IB to Council Regulation (EEC) No 3821/85 applicable from 1 October 2011.”

  • 240. 
    (-1c) In Article 3, the following paragraph is inserted:
  • 241. 
    “4a. By... [OJ: 4 years after the

    entry into force of this amending Regulation], vehicles operating in a Member State other than their Member State of registration which are fitted with a digital tachograph complying with Annex IB to Council Regulation (EEC) No 3821/85 applicable from 1

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October 2012 shall be fitted with a smart tachograph.”

  • 243. 
    (-1d) In Article 3, the following paragraph is inserted:
  • 244. 
    “4b. By... [OJ: 5 years after the

    entry into force of this amending Regulation], vehicles operating in a Member State other than their Member State of registration which are fitted with a smart tachograph complying with Annex IC to Commission Implementing Regulation (EU) 2016/7991 shall be fitted with a smart tachograph.”

    ________________ 1 Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 implementing Regulation (EU) No 165/2014 of the

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European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components (OJ L 139, 26.5.2016, p. 1.)

  • 245. 
    Amendment 406

    Article 2- paragraph1- point -1e (new)

    Regulation (EC) No 165/2014 i Article 4 - paragraph 2 - indent 3a

    (new) 246. (-1e) In Article 4(2), the following

    indent is inserted: 247. “- have enough memory

    capacity to store all of the data required under this Regulation;”;

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  • 249. 
    (-1f) in Article 7, paragraph 1 is (-1b) Article 7 is replaced by the replaced by the following: following:
  • 250. 
    "Article 7

    Data protection 251. 1. Member States shall ensure

    that the processing of personal "1. Member States shall ensure

    • 1. 
      Member States shall ensure

    data in the context of this that the processing of personal data

    that the processing of personal

    Regulation is carried out solely in the context of this Regulation is

    data in the context of this

    for the purpose of verifying carried out solely for the purpose of

    Regulation is carried out solely

    compliance with this verifying compliance with this

    for the purpose of verifying

    Regulation and with Regulation and with Regulation

    compliance with this

    Regulation (EC) No 561/2006 i, (EC) No 561/2006 i, Directive

    Regulation and with

    in accordance with Directives 2002/15/EC, Council Directive

    Regulation (EC) No 561/2006 i,

    95/46/EC and 2002/58/EC and 92/6/EEC, Council Directive

    Directive 2002/15/EC i,

    under the supervision of the 92/106/EEC, Regulation (EC) No

    Council Directive 92/6/EEC i, Council Directive

    supervisory authority of the 1072/2009, Directive 96/71/EC i and 92/106/EEC, Regulation Member State referred to in Directive 2014/67 i/EU as far as (EC) No 1072/2009, Article 28 of Directive posting of workers in road Regulation (EC) No

    95/46/EC. transport is concerned, and with the Directive laying down specific 1073/2009, Directive 96/71 i

    rules with respect to Directive and Directive 2014/67 i/EU as 96/71/EC and Directive far as posting of workers in

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2014/67/EU for posting drivers in road transport is concerned, road transport, in accordance with and with the Directive […] Regulation (EU) 2016/679 xxx/xxx/EU laying down and Directive 2002/58/EC i and specific rules with respect to under the supervision of the Directive 96/71/EC i and supervisory authority of the Directive 2014/67 i/EU for Member State referred to in Article posting drivers in road […] 51 of Regulation (EU) No transport, in accordance 2016/679." with Regulation (EU) No 2016/679 and Directive 2002/58/EC i and under the supervision of the supervisory authority of the Member State referred to in Article 51 of Regulation (EU) No 2016/679.

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  • 252. 
    Amendment 408

    Article 2- paragraph1- point -1g (new)

    Regulation (EC) No 165/2014 i Article 7 - paragraph 2 -

    introductory part 253. (-1g) In Article 7, the introductory

    part of paragraph 2 is replaced by the following:

  • 254. 
    2. Member States shall, in "2. Member States shall, in 2. Member States shall, in particular, ensure that personal particular, ensure that particular, ensure that personal data are protected against uses personal data are protected data are protected against uses other than those strictly linked against uses other than those other than those strictly linked to this Regulation and strictly linked to this to the legal acts referred to in Regulation (EC) No 561/2006 i, Regulation and Regulation paragraph 1, in relation to: in accordance with paragraph (EC) 561/2006, Directive

    1, in relation to: 2002/15/EC, Council Directive 92/6/EEC i, Council Directive 92/106/EEC i, Regulation (EC) No 1072/2009, Directive 96/71/EC and Directive 2014/67/EU as far as posting of workers in road transport is concerned, and with the Directive laying down

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specific rules with respect to Directive 96/71/EC i and Directive 2014/67 i/EU for posting drivers in road transport, in accordance with paragraph 1, in relation to:"

  • 255. 
    - the use of a global navigation - the use of a global navigation satellite system (GNSS) for the satellite system (GNSS) for the recording of location data as recording of location data as referred to in Article 8, referred to in Article 8,
    • the use of remote - the use of remote communication for control communication for control purposes as referred to in purposes as referred to in Article 9, Article 9,
    • the use of tachographs with an - the use of tachographs with an interface as referred to in interface as referred to in

      Article 10, Article 10, - the electronic exchange of - the electronic exchange of

    information on driver cards as information on driver cards as referred to in Article 31, and in referred to in Article 31, and in particular any cross-border particular any cross-border exchanges of such data with exchanges of such data with third countries, third countries,

    • the keeping of records by - the keeping of records by transport undertakings as transport undertakings as referred to in Article 33. referred to in Article 33.

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  • 256. 
    3. Digital tachographs shall be 3. Digital tachographs shall be designed in such a way as to designed in such a way as to ensure privacy. Only data ensure privacy. Only data

    necessary for the purposes of necessary for the purposes this Regulation shall be referred to in paragraph 1 processed. shall be processed.

  • 257. 
    4. Owners of vehicles, transport 4. Owners of vehicles, transport undertakings and any other undertakings and any other

    entity concerned shall comply, entity concerned shall comply, where applicable, with the where applicable, with the relevant provisions on the relevant provisions on the protection of personal data. protection of personal data.";

  • 258. 
    (1) in Article 8(1), the second (1) […]Article 8(1) […] is […] indent is replaced by the amended as follows:

    following: 259. (a) the first subparagraph […]

    is replaced by the following: "In order to facilitate the verification of compliance with the relevant legislation, the position of the vehicle shall be recorded automatically at the following points, or at the closest point to such places where the satellite signal is available:

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  • 260. 
    - the starting place of the daily - the starting place of the daily

    working period; working period;

  • 261. 
    - every time the vehicle

    crosses the border of a Member State;

  • 262. 
    - every time the vehicle

    performs loading or unloading activities;

  • 264. 
    "– every three hours of – every three hours of - every three hours of

    accumulated driving time and every accumulated driving time and every accumulated driving time […]; and time the vehicle crosses the time the vehicle crosses the border border;"; of a Member State;

  • 265. 
    - the ending place of the daily - the ending place of the daily working period. working period.

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  • 267. 
    every time the vehicle [Note: see third indent of the GA]

    performs loading or unloading activities;

  • 268. 
    Amendment 411

    Article 2- paragraph 1- point 1a (new)

    Regulation (EC) No 165/2014 i Article 8 - paragraph 1 -

    subparagraph 1a (new) 269. (1a) in Article 8(1), the following

    subparagraph is inserted:

  • 270. 
    In order to facilitate the

    verification of compliance by control authorities, the smart tachograph shall also record, if the vehicle has been employed for the carriage of goods or passengers, as required by Regulation (EC) No 561/2006.

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  • 271. 
    Amendment 412

    Article 2- paragraph 1- point 1b (new)

    Regulation (EC) No 165/2014 i Article 8 - paragraph 1 -

    subparagraph 2a (new) 272. (1b) In Article 8(1), the following

    subparagraph is added:

  • 273. 
    “Vehicles registered for the first However, the recording of the

    time from ... [24 months after the border-crossing and additional entry into force of this amending activities referred to in the Regulation] shall be fitted with a second and third indent of the tachograph in accordance with the first subparagraph shall concern second indent of the first vehicles registered in a Member subparagraph of Article 8(1) and State 10 for the first time after two the second subparagraph of years* after the entry into force Article 8(1) of this Regulation.”, of the detailed provisions referred to in the second sentence of the first paragraph of Article 11, without prejudice to the obligation to retrofit certain vehicles later in accordance with Article 3(4)."

    ____________

    • * 
      NOTE: expected as being no

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later than June 2022.

10 NOTE: other provisions of this Regulation, which contain a similar reference to a vehicle registration date, will be aligned with this addition of precision ("in a Member State").

  • 275. 
    (1c) in Article 9, paragraph 2 is

    replaced by the following: (1a) Article 9 is amended as follows:

  • 276. 
    (a) The first sentence of

    paragraph 2 is amended as follows:

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  • 277. 
    2. 15 years after newly registered “2. […] By … [OJ: 1 year after "[…] Four years after the entry

    vehicles are required to have a entry into force of this into force of detailed provisions tachograph as provided for in this Regulation], Member States shall referred to in the second sentence Article and in Articles 8 and 10, equip their control authorities to an of paragraph 1 of Article 11 Member States shall equip their appropriate extent with remote which contain specifications for control authorities to an appropriate early detection equipment the recording of border-crossing extent with remote early detection necessary to permit the data and additional activities referred equipment necessary to permit the communication referred to in this to in the second and third indent data communication referred to in Article, taking into account their of Article 8(1), Member States this Article, taking into account specific enforcement requirements shall equip their control authorities their specific enforcement and strategies. Until that time, to an appropriate extent with requirements and strategies. Until Member States may decide whether remote early detection equipment that time, Member States may to equip their control authorities necessary to permit the data decide whether to equip their with such remote early detection communication referred to in this control authorities with such remote equipment." Article, taking into account their early detection equipment. specific enforcement requirements and strategies.";

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  • 279. 
    (1d) In Article 9, paragraph 3 is (b) Paragraph 3 is replaced by replaced by the following: the following:
  • 280. 
    3. The communication referred "3. The communication referred "3. The communication referred

    to in paragraph 1 shall be to in paragraph 1 shall be to in paragraph 1 shall be

    established with the tachograph established with the tachograph established with the tachograph

    only when so requested by the only when so requested by the only when so requested by the equipment of the control equipment of the control equipment of the control

    authorities. It shall be secured to authorities. It shall be secured to authorities. It shall be secured to

    ensure data integrity and

    authentication of the recording and ensure data integrity and ensure data integrity and

    control equipment. Access to the authentication of the recording and authentication of the recording and

    data communicated shall be control equipment. Access to the control equipment. Access to the

    restricted to control authorities data communicated shall be data communicated shall be

    authorised to check infringements restricted to control authorities restricted to control authorities

    of Regulation (EC) No 561/2006 i authorised to check infringements authorised to check infringements and of this Regulation and to of […] the Union legal acts set out of legal acts referred to in Article workshops in so far as it is in Article 7(1) and of this 7 (1), and of this Regulation and to

    necessary to verify the correct Regulation and to workshops in so workshops in so far as it is

    functioning of the tachograph. far as it is necessary to verify the necessary to verify the correct

    correct functioning of the functioning of the tachograph."; tachograph."

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  • 281. 
    (c) In Paragraph 4 the following indent is added:
  • 282. 
    "- exceeding maximum driving time.";
  • 283. 
    (1aa) In Article 10 the following

    paragraph is added:

  • 284. 
    "2. The tachographs of vehicles registered for the first time in a

    Member State two years* after the entry into force of detailed provisions referred to in the second sentence of paragraph 1 of Article 11 which contain specifications for the recording of border-crossing and additional activities referred to in the second and third indent of Article 8(1), shall be equipped with the interface referred to in paragraph 1."; ____________

    • * 
      [NOTE: expected as being no later than June 2022.]

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 286. 
    (1e) in Article 11, paragraph 1 is

    replaced by the following (1ab) In Article 11, the following sentence is inserted after the first

    sentence of the first paragraph:

  • 287. 
    In order to ensure that smart "In order to ensure that smart tachographs comply with the tachographs comply with the principles and requirements set out principles and requirements set out in this Regulation, the Commission in this Regulation, the Commission shall, by means of implementing shall, by means of implementing acts, adopt detailed provisions acts, adopt detailed provisions necessary for the uniform necessary for the uniform

    application of Articles 8, 9 and 10, application of Articles 8, 9 and 10, excluding any provisions which excluding any provisions which would provide for the recording of would provide for the recording of additional data by the tachograph. additional data by the tachograph.

    Those implementing acts shall be By … [OJ: 12 months after the "The Commission shall bring adopted in accordance with the entry into force of this amending into force the implementing acts examination procedure referred to Regulation], the Commission shall providing the detailed provisions in Article 42(3). adopt implementing acts laying for the uniform application of the down detailed rules for recording obligation to record and store any border crossing of the vehicle data relating to any border referred to in the second indent of crossing of the vehicle and

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

the first subparagraph of Article additional activities referred to in 8(1) and in the second the second and third indent of subparagraph of Article 8(1). Article 8(1), by [OJ: 12 months Those implementing acts shall be after the entry into force of this adopted in accordance with the amending Regulation]."; examination procedure referred to in Article 42(3)."

  • 288. 
    (1ac) In Article 22, paragraph 5,

    the two last subparagraphs shall be replaced by the following:

  • 289. 
    "The seals removed or broken shall be replaced by an approved fitter or a workshop without

    undue delay and at the latest within seven days of their removal. When the seals have been removed or broken for control purposes, they may be replaced by a control officer equipped with a sealing equipment and unique special mark without undue delay

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 290. 
    When a control officer removes a seal, the control card shall be

    inserted in the tachograph from the moment of the removal of the seal until the inspection is finished, including in case of placement of a new seal. The control officer shall issue a written statement containing at least the following information:

  • 291. 
    - vehicle identification number;
    • - 
      name of the officer; - control authority and Member State; - number of the control card; - number of the removed seal; - date and time of seal removal; - number of the new seal, in case the control officer has placed a new seal.

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 292. 
    Before replacing the seals, a check and calibration of the tachograph shall be performed by an approved workshop, except where a seal has been removed or broken for control purposes and replaced by a control officer.";
  • 293. 
    (1ad) In Article 26, the following

    paragraph is added:

  • 294. 
    "(7a)The competent authority of the issuing Member State may

    require a driver to replace the driver card by a new one if this is necessary to comply with the relevant technical specifications.";

  • 295. 
    (1b) in Article 34, the first paragraph is replaced by the following:

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 296. 
    [Existing text:] 1. Drivers shall use "1. Drivers shall use records sheets record sheets or driver cards every or driver cards every day on which day on which they are driving, they are driving, starting from the

    starting from the moment they take moment they take over the vehicle. over the vehicle. The record sheet The record sheet or driver card or driver card shall not be shall not be withdrawn before the withdrawn before the end of the end of the daily working period daily working period unless its unless its withdrawal is otherwise withdrawal is otherwise authorised. authorised or is necessary to enter No record sheet or driver card may the symbol after having crossed a be used to cover a period longer border. No record sheet or driver than that for which it is intended. card may be used to cover a period longer than that for which it is intended.";

  • 297. 
    (1c) in Article 34(6), the following point (f) is added:

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 298. 
    "(f) the symbols of the countries in which the daily working

    period started and finished. The driver shall also enter the symbol of the country that the driver enters after crossing a border of a Member State at the beginning of the driver’s first stop in that Member State. That first stop shall be made at the nearest stopping place at or after the border. Where the crossing of the border of a Member State takes place on a ferry or train, the driver shall enter the symbol of the country at the port or station of arrival.";

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 300. 
    (1f) in Article 34(5), point b, point

    iv is replaced by the following:

  • 301. 
    (iv) under the sign : breaks "(iv) under the sign : breaks,

    or rest. rest, annual leave or sick leave,

    under the sign "ferry/train": In

    addition to the sign : the rest period spending on a ferry or train as required by Article 9 of Regulation (EC) 561/2006 i."

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 302. 
    Amendment 417

    Article 2- paragraph 1- point 2 Regulation (EC) No 165/2014 i Article 34 - paragraph 7 -

    subparagraph 1 303. (2) in Article 34(7), the first (2) in Article 34(7), the first

    subparagraph is replaced by subparagraph is replaced by the following: the following:

  • 304. 
    "7. The driver shall enter in the 7. Where the tachograph is not "7. The driver shall enter in the digital tachograph the able to automatically record digital tachograph the symbols symbols of the countries in the border crossing, the of the countries in which the which the daily working driver shall at the first daily working period started period started and finished as possible and available and finished […].

    well as where and when the stopping place enter […] the One year after the entry into driver has crossed a border in symbols of the countries in force of detailed provisions the vehicle on arrival at the which the daily working referred to in the second suitable stopping place. period started and finished as sentence of paragraph 1 of well as where and when the Article 11 which contain driver has crossed a specifications allowing to border[…]. The country’s enter and store border code after crossing a border crossing data, the driver into a new country shall be shall also enter the symbol of entered under the heading the country that the driver BEGIN on the tachograph. enters after crossing a Member States may require border of a Member State at drivers of vehicles engaged the beginning of the driver’s

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

in transport operations inside first stop in that Member their territory to add more State. That first stop shall be detailed geographic made at the nearest stopping specifications to the country place at or after the border. symbol, provided that those Where the crossing of the Member States have notified border of a Member State those detailed geographic takes place on a ferry or specifications to the train, the driver shall enter Commission before 1 April the symbol of the country at 1998.” the port or station of arrival.

  • 305. 
    Member States may require Member States may require drivers of vehicles engaged in drivers of vehicles engaged in transport operations inside transport operations inside their territory to add more their territory to add more

    detailed geographic detailed geographic specifications to the country specifications to the country symbol, provided that those symbol, provided that those Member States have notified Member States have notified those detailed geographic those detailed geographic specifications to the specifications to the Commission before 1 April Commission before 1 April 1998.". 1998.";

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 306. 
    Amendment 418

    Article 2- paragraph 1- point 2a (new)

    Regulation (EC) No 165/2014 i Article 34 - paragraph 7 a (new) 307. (2a) in Article 34, the following

    paragraph is added: 308. "7a. Drivers shall be provided

    with training on how to correctly use a tachograph in order to achieve full use of the equipment. The driver must not be responsible for the cost of their training, which should be provided by their employer.";

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 309. 
    Amendment 419

    Article 2- paragraph 1- point 2b (new)

    Regulation (EC) No 165/2014 i Article 34 - paragraph 7b (new) 310. (2b) In Article 34, the following

    paragraph is added: 311. "7b. The maximum amount of

    control authorities should be trained on how to correctly read and monitor a tachograph."

  • 312. 
    (3) Article 36 is amended as follows:
  • 313. 
    Amendment 420

    Article 2- paragraph 1- point 2c (new)

    Regulation (EC) No 165/2014 i Article 36 - paragraph 1 - point i 314. (2c) in Article 36(1), point (i) is (a) paragraph 1(i) is replaced by

    replaced by the following: the following: 315. (i) the record sheets for the "(i) the record sheets for the "(i) the record sheets for the

    current day and those used by current day and those used by current day and […] the the driver in the previous 28 the driver in the previous preceding 56 days,"; days, […] 56 days,"

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 316. 
    Amendment 421

    Article 2- paragraph 1- point 2d (new)

    Regulation (EC) No 165/2014 i Article 36 - paragraph 1 - point iii 317. (2d) in Article 36(1), point (iii) is (b) paragraph 1(iii) is replaced

    replaced by the following: by the following: 318. (iii) any manual records and "(iii) any manual records and "(iii) any manual records and

    printouts made during the printouts made during the printouts made during the current day and the previous current day and the previous current day and the […] 28 days as required under this […] 56 days as required preceding 56 days."; Regulation and Regulation under this Regulation and (EC) No 561/2006 i. Regulation (EC) No 561/2006 i."

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 319. 
    Amendment 422

    Article 2- paragraph 1- point 2e (new)

    Regulation (EC) No 165/2014 i Article 36 - paragraph 2 - point ii 320. (2e) in Article 36(2), point (ii) is (c) paragraph 2(ii) is replaced

    replaced by the following: by the following: 321. (ii) any manual records and "(ii) any manual records and "(ii) any manual records and

    printouts made during the printouts made during the printouts made during the current day and the previous current day and the previous current day and the […] 28 days as required under this […] 56 days as required preceding 56 days."; Regulation and Regulation under this Regulation and (EC) No 561/2006 i, Regulation (EC) No 561/2006 i,"

  • 322. 
    Article 3 Article 3
  • 323. 
    This Regulation shall enter into This Regulation shall enter into

    force on the twentieth day force on the twentieth day following that of its publication in following that of its publication in the Official Journal of the the Official Journal of the European Union. European Union.

ANNEX TREE.2.A EN

COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach,

0277 final report P8_TA-PROV(2019)0340doc. 15084/18

  • 324. 
    This Regulation shall be binding in This Regulation shall be binding in

    its entirety and directly applicable its entirety and directly applicable in all Member States. in all Member States.

  • 325. 
    Articles 1(9a) and 2(3) shall apply

    from 31.12.2024. Until that date Article 16, paragraph 3, subparagraph (a) of Regulation (EC) No 561/2006 and Article 36, paragraphs 1(i), 1(ii) and 2(ii) of Regulation (EU) 165/2014 i shall apply in their wording prior to the amendments introduced by this Regulation.

ANNEX TREE.2.A EN


3.

Revised versions, corrections and addenda

12 Nov
'19
Proposal for a Regulation of the European Parliament and of the Council amending 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 Preparation for the third trilogue
WORKING DOCUMENT
General Secretariat of the Council
7914/4/19 REV 4
11 Oct
'19
Proposal for a Regulation of the European Parliament and of the Council amending 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 Preparation for the second trilogue
WORKING DOCUMENT
General Secretariat of the Council
7914/3/19 REV 3
25 Sep
'19
Proposal for a Regulation of the European Parliament and of the Council amending 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 Revised four column table
WORKING DOCUMENT
General Secretariat of the Council
7914/2/19 REV 2
5 Sep
'19
Proposal for a Regulation of the European Parliament and of the Council amending 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 Revised four column table
WORKING DOCUMENT
General Secretariat of the Council
7914/1/19 REV 1
 
 
 

4.

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5.

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