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

1.

Kerngegevens

Document date 12-11-2019
Publication date 13-11-2019
Reference 7914/4/19 REV 4
From General Secretariat of the Council
External link original article
Original document in PDF

2.

Text

Council of the European Union

Brussels, 12 November 2019 (OR. en)

7914/4/19

Interinstitutional File: REV 4

2017/0122(COD) i

TRANS 230 SOC 250 CODEC 800

WORKING DOCUMENT

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: ST 7914/3/19 REV 3

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

 Preparation for the third trilogue

In preparation of the Land Transport Working Group on 14 November 2019, delegations will find

annexed the four-column table, as resulting from the second trilogue, with new suggestions and

considerations in the 4th column, in order to prepare for a revised trilogue mandate.

Changes compared to the previous document are to be found:

for recitals, in lines 4, 8-12, 15, 20, 27, 29, 33-44, 49, 62, 64, 308, 311; and

for Articles: in lines 76, 133/136, 147, 156/157.

Please note that the most political issues (lines 72-79, 87, 98, 99, 103, 107-112, 114-118, 122-130,

186-224, 230-244, 271, 277) are also addressed separately in document ST 13218/19.

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

2017/0122 (COD) i COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Compromise

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  • 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 3 , ____________

    • (1) 
      OJ C 197, 8.6.2018, p. 45. (2) OJ C 176, 23.5.2018, p. 57. (3) Position of the European Parliament of 4 April 2019.
  • 2. 
    Whereas:

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  • 3. 
    Amendment 346 Recital 1
  • 4. 
    (1) Good working conditions for (1) Good working conditions for (1) Good working conditions for B

drivers and fair business drivers and fair business drivers and fair business Compromise proposal

conditions for road transport conditions for road transport conditions for road transport (1) Good working conditions

undertakings are of paramount undertakings are of paramount undertakings are of paramount for drivers and fair

importance to creating a safe, importance to creating a safe, importance to creating a safe, business conditions for

efficient and socially efficient and socially efficient and socially road transport

accountable road transport accountable and nonaccountable road transport undertakings are of

sector. To facilitate that discriminatory road transport sector. To facilitate that paramount importance to

process it is essential that the sector, which is able to attract process it is essential that the creating a safe, efficient,

Union social rules in road qualified workers. To facilitate Union social rules in road […] socially accountable

transport are clear, fit for that process it is essential that transport are clear, fit for road transport sector in

purpose, easy to apply and to the Union social rules in road purpose, easy to apply and to order to ensure nonenforce

and implemented in an transport are clear, enforce and implemented in an discrimination and attract

effective and consistent proportionate, fit for purpose, effective and consistent qualified workers. To

manner throughout the Union. easy to apply and to enforce manner throughout the Union. facilitate that process it is

and implemented in an essential that the Union

effective and consistent social rules in road

manner throughout the Union. transport are clear,

proportionate, fit for

purpose, easy to apply and

to enforce and

implemented in an

effective and consistent

manner throughout the

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Union. 5. Amendment 347

Recital 2 6. (2) Having evaluated the (2) Having evaluated the (2) Having evaluated the C

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 4 , certain deficiencies Council 3 , certain deficiencies

were identified in the existing were identified in the […] were identified in the existing 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

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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 they are respected.

____________ ____________ ____________

3 Regulation (EC) No 561/2006 i 4 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

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(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. B

    [NOTE: linked to lines122-130 and 186-224. Compromise

(2a) It is in the interests of road will only be proposed once safety and enforcement that agreement on the approach all drivers should be fully towards parkings is

aware of both the rules on reached] driving and rest times and the Compromise proposal availability of rest facilities. (2a) It is in the interests of Therefore, it is appropriate road safety and for Member States to work to enforcement that all produce guidance that drivers should be fully presents this Regulation in a aware of the rules on clear and simple manner, driving and rest times and gives useful information on the dangers of fatigue. parking and rest facilities and The availability of rest underlines the importance facilities is of utmost combating fatigue. importance in this regard. Therefore, […] the Commission should provide full information

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on safe and secure parkings through a user friendly website. That information should be kept up to date[…]

NOTE: Commission proposal for parkings' Article:

The Commission shall ensure that the list of all publicly accessible safe and secure parkings is published on a single official website that is regularly updated.

  • 9. 
    Amendment 349 Recital 2b (new)
  • 10. 
    (2b) It is in the interests of road B safety to encourage transport Compromise proposal: undertakings to adopt a safety (2b) To promote road safety, culture which includes safety it is important to policies and procedures issued encourage transport by senior management, the undertakings to adopt a commitment to implementing safety culture which is safety policy shown by the line adhered to at all levels management and the […]. In particular, in

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willingness to comply with order to avoid safety rules shown by the infringements of driving workforce. There should be a and rest rules, or clear focus on road transport endangering road safety, safety issues, including it should not be fatigue, liability, journey permitted to link planning, rostering, performance-based pay performance-based pay and with the time needed for ´just in time´ management. the transportation of passengers to their destination or for the delivery of goods.

  • 11. 
    Amendment 350

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

    Regulation (EC) No 561/2006 i Regulation (EC) No 561/2006 i Regulation (EC) No 561/2006 i Compromise proposal confirmed that inconsistent confirmed that inconsistent confirmed that inconsistent (3) The ex-post evaluation of and ineffective enforcement of and ineffective enforcement of and ineffective enforcement of Regulation (EC) No the Union social rules was the Union social rules was the Union social rules was 561/2006 confirmed that mainly due to unclear rules, mainly due to unclear rules, mainly due to unclear rules, inconsistent and inefficient use of the control inefficient and unequal use of inefficient use of the control ineffective enforcement of tools and insufficient the control tools and tools and insufficient the Union social rules was administrative cooperation insufficient administrative administrative cooperation mainly due to unclear between the Member States. cooperation between the between the Member States. rules, to inefficient and Member States, increasing the unequal use of the control fragmentation of the tools and to insufficient

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European internal market. administrative cooperation between the Member

States. This has a negative

effect on the internal

market as well.

  • 13. 
    (3a) In order to improve clarity B

and consistency, the [Note: linked to new definition

exemption from the scope of in line 84]

Regulation (EC) No 561/2006 i (3a) In order to improve

for the non-commercial use clarity and consistency,

of a vehicle should be the exemption from the

defined. scope of Regulation (EC)

No 561/2006 for the noncommercial

use of a

vehicle should be

defined.

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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 B

    enforced rules are also crucial enforced rules are also crucial enforced rules are also crucial (4) Clear, suitable and evenly for achieving the policy for achieving the policy for achieving the policy enforced rules are also objectives of improving objectives of improving objectives of improving crucial for achieving the working conditions for drivers, working conditions for drivers, working conditions for drivers, policy objectives of and in particular ensuring and in particular ensuring and in particular ensuring improving working undistorted competition undistorted and fair undistorted competition conditions for drivers, and between operators and competition between operators between operators and in particular ensuring contributing to road safety for and contributing to road safety contributing to road safety for undistorted and fair all road users. for all road users. all road users. competition between operators and contributing to road safety for all road users.

  • 16. 
    Amendment 352

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

    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

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freedom to provide services in order to maintain or even increase the competitiveness of the European Union

  • 18. 
    Amendment 353/rev

    Recital 4b (new) 19. (4b) In order to ensure a C [NOTE: linked to line 73]

    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 B breaks turned out to be breaks turned out to be Keep GA 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.

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  • 21. 
    Amendment 354

    Recital 5a (new) 22. (5a) Transporting goods is C (NOTE linked to operative

    fundamentally different from part in line 121) transporting people. Coach drivers are in close contact - merged into proposal for line with their passengers and 67 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 long B

    distance international transport distance international transport distance international transport [Note: EP amendment depends operations spend long periods operations spend long periods operations spend long periods on details concerning away from their home. The away from their home. The away from their home. The "return to home" (lines 98, current requirements on the current requirements on the current requirements on the 99)] 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

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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 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 C that operators organise the that operators organise the that operators organise the [Note: depends on details work of drivers in such a way work of drivers in such a way work of drivers in such a way concerning "return to that these periods away from that these periods away from that these periods away from home" (lines 98, 99)] 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

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rosters of the drivers or similar evidence.

  • 26. 
    Amendment 356

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

    predictably includes Council: prefer deletion. activities for the employer The proposal on amending other than his/her Directive 2006/22 i contains professional driving tasks, new Article 11(3) which such as loading / allows Commission to unloading, finding parking adopt implementing act for space, maintaining the a common approach vehicle, route preparation towards recording etc, the time he/she needs "working time" to perform these tasks should be taken into account when determining both his/her working time, the possibility for adequate rest and pay.

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  • 28. 
    Amendment 357

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

    working conditions of the Council: delete. As an only drivers at places of loading programmatic aspiration and unloading, owners and this is not convincing operators of such facilities should provide the driver with the access to hygienic facilities.

  • 30. 
    Amendment 358

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

    progress is resulting in the [Note: linked to amendment in

    development of line 169]

    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

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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.

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  • 32. 
    Amendment 359

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

    Member States in the among Member States in social progress it is interpretation and the interpretation and appropriate to specify where Council: Last part of EP text is implementation of the weekly implementation of the the weekly rest may be taken sufficiently covered in rest requirements as regards weekly rest requirements as ensuring that drivers enjoy the recitals on parking the place where the weekly regards the place where the adequate rest conditions. The infrastructure (lines 35, rest should be taken. It is weekly rest should be taken. quality of accommodation is 37, 39, 42) 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

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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 C

    should have all of the Council: Commission should facilities necessary for draft one compromise good resting conditions, recital covering lines 35, that is to say sanitary, 37, 41, 62 and referring to culinary, security and the study, certification others. efforts and the need for harmonised quality standards

  • 36. 
    Amendment 361

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

    are crucial for improving areas equipped with Council: Commission should drivers working conditions adequate resting facilities are draft one compromise recital in the sector and crucial for improving covering lines 35, 37, 41, 62 and maintaining road safety. working conditions in the referring to the study, As rest in the cabin is sector and maintaining road certification efforts and the need characteristic for the safety. Therefore it is of for harmonised quality transport sector and in utmost importance to standards certain cases desirable promote a development of from a comfort and parking infrastructure, suitability perspective, including rest areas, which

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drivers should be allowed would guarantee desired to take their rest in their safety, security and service 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 B

    guidelines foresee the opportunities of co-funding Compromise proposal: development of parking by the European Union exist (7c) The revised TEN-T area’s on motorways in accordance with current guidelines envisage the approximately every 100 and future Union legal acts development of parking km to provide parking establishing the conditions area’s on motorways space for commercial road for financial support, in approximately every 100 users with an appropriate order to accelerate and km to provide commercial level of safety and security promote the construction of road users with parking and therefore Member this parking infrastructure. space that has an States should be However, Member States are appropriate level of safety encouraged to implement not obliged to finance and security. In order to the TEN-T guidelines and additional parking accelerate and promote

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sufficiently support and infrastructure on their the construction of invest in safe and suitably territory beyond their adequate parking adapted parking areas. existing obligations under infrastructure, it is the Union guidelines for important that sufficient TEN-T infrastructure. The opportunities for co Commission should review funding by the Union are the availability of safe and available in accordance secure parking areas. with current and future Union legal acts establishing the conditions for that financial support. However, Member States are not bound to finance additional parking infrastructure on their territory beyond their current obligations under the Union guidelines for TEN-T infrastructure.

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  • 40. 
    Amendment 363

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

    quality affordable rest Council: Commission should facilities, the Commission draft one compromise and Member States should recital covering lines 35, encourage the 37, 41, 62 and referring to establishment of social, the study, certification commercial, public and efforts and the need for other enterprises for the harmonised quality operation of dedicated standards parking areas.

  • 42. 
    (8) Drivers are often faced with (8) Drivers are […] faced with B unforeseen circumstances unforeseeable circumstances (8) Drivers are […] faced with which make it impossible to which make it impossible to unforeseeable reach a desired destination for reach a desired destination for circumstances which make taking a weekly rest without taking a weekly rest without it impossible to reach a violating Union rules. It is violating Union rules. It is desired destination for desirable to make it easier for desirable to make it easier for taking a weekly rest without drivers to cope with those drivers to cope with those violating Union rules. It is circumstances and enable them circumstances and enable them desirable to make it easier to reach their destination for a to reach their destination for a for drivers to cope with weekly rest without breaching weekly rest. Such exceptional those circumstances and the requirements on maximum circumstances are sudden enable them to reach their driving times. circumstances that are destination for a weekly unavoidable and may not be rest. Such exceptional

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anticipated, where it circumstances are sudden unexpectedly becomes circumstances that are impossible to apply the unavoidable and may not Regulation's provisions in be anticipated, where it their entirety for a short unexpectedly becomes period of time. In order to impossible to apply the ensure proper enforcement, Regulation's provisions in the driver should document their entirety for a short the circumstances. In period of time. In order to addition, a safeguard should ensure proper ensure that driving time is enforcement, the driver not excessive […]. should document the exceptional circumstances resulting in departing from the rules. In addition, a safeguard should ensure that driving time is not excessive […].

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  • 43. 
    Amendment 364

    Recital 8a (new) 44. (8a) Many road transport B [NOTE: linked to lines 133,

    operations within the 136, 301] Union involve transport by (8a) Many road transport ferry or by rail for part of operations within the the journey. Clear, Union involve transport appropriate provisions by ferry or by rail for part regarding rest periods and of the journey. Clear, breaks should therefore be appropriate provisions laid down for such regarding rest periods and operations. breaks should therefore be laid down for such operations.

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

    between Member States. between Member States. administrative cooperation between Member States.

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  • 46. 
    Amendment 365

    Recital 9a (new) 47. (9a) In order to guarantee B [NOTE: linked to lines 315,

    effective enforcement, it is 318, 321] essential that the (9a) In order to guarantee competent authorities, effective enforcement, it is when carrying out roadside essential that the checks should be able to competent authorities, ascertain that driving times when carrying out and rest periods have been roadside checks, should properly observed on the be able to ascertain that day of the check and over driving times and rest the preceding 56 days. periods have been properly observed on the day of the check and over the preceding 56 days.

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  • 48. 
    Amendment 366

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

    rules are clear, easy to Council: Sufficiently covered in

    understand and line 8

    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

    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.

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  • 50. 
    Amendment 367

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

    (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 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.

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  • 52. 
    (10) In order to ensure uniform (10) In order to ensure uniform (10) In order to ensure uniform conditions for the conditions for the conditions for the implementation of Regulation implementation of Regulation implementation of (EC) No 561/2006 (EC) No 561/2006 Regulation (EC) No implementing powers should implementing powers should 561/2006 implementing be conferred on the be conferred on the powers should be conferred Commission in order to clarify Commission in order to clarify on the Commission in order any of the provisions of that any of the provisions of that to clarify any of the Regulation and to establish Regulation and to establish provisions of that common approaches on their common approaches on their Regulation and to establish application and enforcement. application and enforcement. common approaches on Those powers should be Those powers should be their application and exercised in accordance with exercised in accordance with enforcement. Those powers Regulation (EU) No Regulation (EU) No should be exercised in

    182/2011 4 . 182/2011 4 . accordance with Regulation ____________ ____________ 4 (EU) No 182/2011 .

    4 Regulation (EU) No 182/2011 i 4 Regulation (EU) No 182/2011 i ____________

    of the European Parliament of the European Parliament 4 Regulation (EU) No and of the Council of 16 and of the Council of 16 182/2011 of the European February 2011 laying down the February 2011 laying down the Parliament and of the rules and general principles rules and general principles Council of 16 February concerning mechanisms for concerning mechanisms for 2011 laying down the rules control by the Member States control by the Member States and general principles of the Commission's exercise of the Commission's exercise concerning mechanisms of implementing powers (OJ L of implementing powers (OJ L for control by the Member 55, 28.2.2011, p. 13). 55, 28.2.2011, p. 13). States of the Commission's

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exercise of implementing

powers (OJ L 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 B [NOTE: see line 73]

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.

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  • 55. 
    Amendment 369

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

    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.

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  • 57. 
    (11a) In particular, in vehicles B which are not equipped with [Note: accompanies lines 296- a smart tachograph, the 298] crossing of Member State (11a) In particular, in vehicles borders should be recorded which are not equipped in the tachograph at the with a smart tachograph, nearest stopping place at or the crossing of Member after the border . State borders should be recorded in the tachograph at the nearest possible stopping place at or after the border
  • 58. 
    (11b) To ensure that drivers, B 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

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detailed technical provisions thus ensuring sufficient time for preparation.

  • 59. 
    Amendment 370

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

    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 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.

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  • 61. 
    Amendment 371

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

    appropriate health and Commission should present one safety standards for drivers, compromise recital it is necessary to establish or covering lines 35, 41, 37, upgrade secure parking 62 and referring to the areas, adequate sanitary study, certification efforts facilities and quality and the need for accommodation. A sufficient harmonised quality network of parking areas standards should exist within the Union.

  • 63. 
    (11c) To reduce the burden on B operators and control [Note: associated with GA authorities in case that a amendment to Article control officer removes the 22(5), lines 288-292] seal of a tachograph for (11c) To reduce the burden on control purposes, the reoperators and control sealing by the control officer authorities in case that a should be allowed under control officer removes certain well documented the seal of a tachograph circumstances. for control purposes, the re-sealing by the control officer should be allowed under certain well

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documented circumstances.

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

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

    the Council 5 should therefore the Council 5 should therefore Parliament and of the be amended accordingly. be amended accordingly. Council 5 should therefore

    ____________ ____________ be amended accordingly.

    5 Regulation (EU) No 165/2014 i 5 Regulation (EU) No 165/2014 i ____________

    of the European Parliament of the European Parliament 5 Regulation (EU) No and of the Council of 4 and of the Council of 4 165/2014 of the European February 2014 on tachographs February 2014 on tachographs Parliament and of the in road transport, repealing in road transport, repealing Council of 4 February Council Regulation (EEC) No Council Regulation (EEC) No 2014 on tachographs in 3821/85 on recording 3821/85 on recording road transport, repealing equipment in road transport equipment in road transport Council Regulation (EEC) and amending Regulation (EC) and amending Regulation (EC) No 3821/85 i on recording No 561/2006 of the European No 561/2006 of the European equipment in road Parliament and of the Council Parliament and of the Council transport and amending on the harmonisation of certain on the harmonisation of certain Regulation (EC) No social legislation relating to social legislation relating to 561/2006 of the European road transport (OJ L 60, road transport (OJ L 60, Parliament and of the 28.2.2014, p. 1). 28.2.2014, p. 1). Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).

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  • 66. 
    Amendment 372

    Recital 12a (new) 67. (12a) Acknowledges that C (NOTE: no additional recital

    transporting goods is line 22) different from transporting (12a) […] Transporting goods people. Coach drivers are in is different from transporting close contact with their people. […] Therefore, the passengers and should be Commission shall evaluate if given more suitable more adequate rules for conditions within the passenger transport should be framework of this proposed […] , especially for Regulation without occasional services as defined extending driving times or in […] point 4 of Article 1 of shortening rest periods and Regulation (EC) No 1073/2009 i breaks. Therefore, the of the European Parliament Commission shall evaluate if and the Council of 21 October specific rules for this sector 2009 on common rules for can be adopted, especially access to the international for occasional services as market for coach and bus defined in Article 2 services. paragraph 1 point 4 of Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009 on common rules for access to

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the international market for coach and bus services.

  • 68. 
    HAVE ADOPTED THIS REGULATION:
  • 69. 
    Article 1 Article 1 Article 1
  • 72. 
    (-1) In Article 2(1), the following point is inserted:
  • 73. 
    "(-aa) of goods in C 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 C

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

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condition that driving the vehicle does not constitute the driver’s main activity;”

  • 78. 
    (1a) In Article 3, the following point is inserted:
  • 79. 
    “(ha) light commercial vehicles C that are used for the [to be considered together transport of goods, where with EP amendment in the transport is not effected line 73] 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;”

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

following: [Note: existing text: " h) vehicles with a maximum permissible

  • 81. 
    "(h) vehicles or combinations of deleted [Note: existing text: " h) mass not exceeding 7,5 tonnes

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

  • 83. 
    (2) In Article 4, the following (1) in Article 4, the following (1) in Article 4, the following point (r) is added: point is added: point is added:
  • 84. 
    "(r) 'non-commercial carriage' (r) ‘non-commercial carriage’ "(r) 'non-commercial carriage' C means any carriage by road, other means any carriage by road, other means any carriage by road, other "(r) 'non-commercial carriage' than carriage for hire or reward or than carriage for hire or reward or than carriage for hire or reward or means any carriage by for own account, for which no for own account, for which no for own account, for which no road, other than carriage remuneration is received and which remuneration is received and which direct or indirect remuneration is for hire or reward or for does not generate any income. does not generate any income or received and which does not own account, for which no

    turnover. directly or indirectly generate any direct or indirect

    income for the driver of the remuneration is received

    vehicle or others and where there and which does not

    is no link with professional or directly or indirectly generate any income for

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commercial activity; 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:
  • 87. 
    “(ra) ‘home’ means the registered C residence of the driver in a [to be discussed together Member State.” lines 111, 115, 118]

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

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

    • keep GA

    drivers shall be 18 years.”

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

    any time spent as described in any time spent as described in work any time spent as Article 4(e) as well as any time Article 4(e) as well as any time described in Article 4(e) as well spent driving a vehicle used for spent driving a vehicle used for as any time spent driving a commercial operations not falling commercial operations not falling vehicle used for commercial within the scope of this Regulation, within the scope of this Regulation, operations not falling within the and shall record any periods of and shall record any periods of scope of this Regulation, and availability, as defined in Article availability, as defined in Article shall record any periods of 3(b) of Directive 2002/15/EC i, in 3(b) of Directive 2002/15/EC i, in availability, as defined in Article accordance with Article accordance with Article 3(b) of Directive 2002/15/EC i, in 34(5)(b)(iii) of Regulation (EU) No 34(5)(b)(iii) of Regulation (EU) No accordance with Article 165/2014. This record shall be 165/2014. This record shall be 34(5)(b)(iii) of Regulation (EU) entered either manually on a record entered either manually on a record No 165/2014. This record shall

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sheet, a printout or by use of sheet, a printout or by use of be entered either manually on a manual input facilities on recording manual input facilities on recording record sheet, a printout or by use equipment."; equipment."; of manual input facilities on recording equipment.";

  • 93. 
    (4) in Article 7, the following third (3) in Article 7, the following third (3) in Article 7, the following paragraph is added: paragraph is added: third paragraph is added:
  • 94. 
    "A driver engaged in multi "A driver engaged in multi A manning may decide to take a break manning may […] take a break of "A driver engaged in multiof 45 minutes in a vehicle driven by 45 minutes in a vehicle driven by manning may […] take a another driver provided that the another driver provided that the break of 45 minutes in a driver taking the break is not driver taking the break is not vehicle driven by another involved in assisting the driver involved in assisting the driver driver provided that the

driving the vehicle."; driving the vehicle."; driver taking the break is not involved in assisting

the driver driving the vehicle.";

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

    subparagraph is replaced by the by the following: following:

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

    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.

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

    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 the week in question. question. In case that two 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 A weekly rest period shall start no

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

    [NOTE: the Commission proposal did not change second subparagraph]

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

    following:

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  • 103. 
    "7. Any rest period taken as 7. Any rest period taken as Deleted (NOTE: current legal text C compensation for a reduced weekly compensation for a reduced weekly requires attachment to a rest period - [to be considered together with rest period shall immediately rest period shall […] be attached to of at least 9 hours) lines 98 and 99]

    precede or follow a regular weekly a regular weekly rest period of at rest period of at least 45 hours."; least 45 hours.

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

    8b are inserted: replaced by the following:

  • 105. 
    8. Where a driver chooses to do

    this, daily rest periods and "8. Where a driver chooses to do reduced weekly rest periods this, daily rest periods and away from base may be taken reduced weekly rest periods away in a vehicle, as long as it has from base may be taken in a suitable sleeping facilities for vehicle, as long as it has suitable each driver and the vehicle is sleeping facilities for each driver stationary. [NOTE: the and the vehicle is stationary.

    Commission proposal did not change paragraph 8]

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  • 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

    C

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

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  • 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 C

    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 C

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

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  • 112. 
    At the latest [OJ: three years C after entry into force], the (NOTE: to be discussed together Commission shall assess the with line 130, part of availability of safe and secure amendment for Article 8a parking places allowing for a (new))

    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 C

    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

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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. 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.";

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

    following subparagraph is added:

  • 118. 
    “The driver shall declare that a C

    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.”

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  • 120. 
    (ca) the following paragraph is C

    added:

  • 121. 
    “9a. The Commission shall no C later than … [two years after entry “9a. The Commission shall no into force of this amending later than … [two years Regulation] evaluate and report to after entry into force of Parliament and Council if more this amending adequate rules for drivers engaged Regulation] evaluate and in occasional services of carriage report to Parliament and of passengers can be adopted, as Council if more adequate defined in Article 2 paragraph 1 rules for drivers engaged number 4 of Regulation (EC) No in occasional services of 1073/2009 of the European carriage of passengers Parliament and the Council of 21 can be adopted, as October 2009 on common rules for defined in Article 2 access to the international market paragraph 1 number 4 of

    for coach and bus services.” 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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New recital, replacing lines 22 and 67:

(12a) […] Transporting goods is different from

transporting people. […] Therefore, the Commission shall evaluate if more adequate rules for passenger transport should be proposed […], especially for occasional services as defined in […] point 4 of Article 1 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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  • 123. 
    (5a) The following Article is

    inserted:

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

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

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  • 126. 
    2. All parking areas that have C

    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 C

    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 C

    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 C

    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 C

    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 (5) in Article 9, paragraph 1 is replaced by the following: 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 B

    Article 8, where a driver Article 8, where a driver Article 8, where a driver Compromise proposal for lines accompanies a vehicle which is accompanies a vehicle which is accompanies a vehicle which is 133 and 136 transported by ferry or train, and transported by ferry or train, and transported by ferry or train, and "1. By way of derogation takes a regular daily rest period or takes a regular daily rest period or takes a regular daily rest period or from Article 8, where a reduced weekly rest period, that reduced weekly rest period, that […] weekly rest period, that period driver accompanies a period may be interrupted not more period may be interrupted not more may be interrupted not more than vehicle which is than twice by other activities not than twice by other activities not twice by other activities not transported by ferry or exceeding one hour in total. During exceeding one hour in total. During exceeding one hour in total. During train, and takes a regular that regular daily rest or reduced that regular daily rest or reduced that regular daily rest or […] daily rest period or weekly rest period the driver shall weekly rest period the driver shall weekly rest period the driver shall reduced weekly rest have access to a bunk or couchette have access to a sleeper cabin, have access to a bunk or couchette period, that period may be

    at their disposal."; bunk or couchette at their disposal. at their disposal."; interrupted not more than twice by other activities

    not exceeding one hour in total. During that regular daily rest or reduced weekly rest period the driver shall have access to

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a sleeper cabin, bunk or couchette at their disposal.

With regard to regular weekly rest periods, the derogation shall apply for ferry journeys

scheduled for 6 hours or more only if the driver has access to a sleeper cabin."

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  • 135. 
    (6a) in Article 9, the following (6a) in Article 9, the following paragraph is inserted: paragraph is inserted:
  • 136. 
    "1a. The derogation in paragraph C

    1 may be extended to regular

weekly rests when the ferry See Council proposal in line 133

journey is 12 hours or more in

duration. During that weekly rest EP: needs further consideration, period the driver shall have access as there should be a sufficiently

to a sleeper cabin." long rest on board of the train or ferry ensured

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  • 138. 
    (6a) in Article 10, paragraph 1 is

    replaced by the following

  • 139. 
    1. A transport undertaking shall "1. A transport undertaking shall B not give drivers it employs or who not give drivers it employs or who "1. A transport undertaking are put at its disposal any payment, are put at its disposal any extra shall not give drivers it employs even in the form of a bonus or wage payment, even in the form of a or who are put at its disposal any supplement, related to distances bonus or wage supplement, related payment, even in the form of a travelled and/or the amount of to distances travelled, the speed of bonus or wage supplement, goods carried if that payment is of delivery and/or the amount of related to distances travelled, the such a kind as to endanger road goods carried if that payment […] speed of delivery and/or the safety and/or encourages encourages infringement of this amount of goods carried if that

    infringement of this Regulation. Regulation.” payment is of such a kind as to endanger road safety and/or

    encourages infringement of this Regulation."

    Accompanying recital: see compromise proposal in line 10

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  • 140. 
    C (5a) Article 11 shall read as follows:
  • 141. 
    A Member State may provide for "A Member State may provide for

    longer minimum breaks and rest longer minimum breaks and rest periods or shorter maximum periods or shorter maximum driving times than those laid down driving times than those laid down in Articles 6 to 9 in the case of in Articles 6 to 9 in the case of carriage by road undertaken wholly carriage by road undertaken wholly within its territory. In so doing, within its territory. In so doing, Member States shall take account Member States shall take account of relevant collective or other of relevant collective or other agreements between the social agreements between the social partners. Nevertheless, this partners. Nevertheless, this Regulation shall remain applicable Regulation shall remain applicable to drivers engaged in international to drivers engaged in international transport operations. [NOTE: transport operations. Commission proposal did not change Article 11]

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  • 142. 
    A Member State may under the C

    same conditions provide that a

    driver engaged exclusively in [to be considered together with carriage by road undertaken lines 98, 99]

    wholly within its territory shall in any two consecutive weeks take at least:

  • 143. 
    two regular weekly

    rest periods, or C

    one regular weekly [to be considered together with rest period and one reduced lines 98, 99]

    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."

  • 144. 
    (6) […] Article 12 is replaced by (6) […] Article 12 is replaced the following […]: by the following […]:

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  • 145. 
    Provided that road safety is not "Provided that road safety is not "Provided that road safety is not

    thereby jeopardised and to enable thereby jeopardised and to enable thereby jeopardised and to the vehicle to reach a suitable the vehicle to reach a suitable enable the vehicle to reach a stopping place, the driver may stopping place, the driver may suitable stopping place, the depart from Articles 6 to 9 to the depart from Articles 6 to 9 to the driver may depart from Articles extent necessary to ensure the extent necessary to ensure the 6 to 9 to the extent necessary to safety of persons, of the vehicle or safety of persons, of the vehicle or ensure the safety of persons, of its load. [NOTE: Commission its load. the vehicle or its load. proposal does not change current text in Article 12]

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  • 146. 
    (7) in Article 12, the following Amendment 391

    second paragraph is added: Article 1- paragraph1- point 7 Regulation (EC) No 561/2006 i

    Article 12 - paragraph 2

  • 147. 
    "Provided that road safety is not Provided that road safety is not Provided that road safety is not C

    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 EP: accept combination of second subparagraph of Article 8(6) […] 6(1) and (2) after a rest of 30 depart from Article 6(1) and (2) solutions, but want to limit the to be able to reach a suitable minutes, so as to be able to reach and Article 8(2) […] by exceeding derogation to extensions before accommodation as referred to in […] within two hours the the daily and weekly driving time regular weekly rest only

    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 Council compromise proposal:

    shall not result in exceeding daily and where the driver’s regular centre for taking a weekly rest. "Provided that road safety is not or weekly driving times or weekly rest shall begin. The driver The driver shall indicate the reason thereby jeopardised, the driver shortening daily or weekly rest shall indicate the reason for such for such departure manually on the may, in exceptional periods. The driver shall indicate departure manually on the […] record sheet of the recording circumstances, also depart the reason for such departure printout from the recording equipment or on a printout from the from Article 6(1) and (2) and manually on the record sheet of the equipment […]. This period of up recording equipment or in the duty Article 8(2) […] by exceeding recording equipment or on a to two hours shall be compensated roster, at the latest on arrival at the the daily and weekly driving printout from the recording by an equivalent period of rest destination or the suitable […] time by up to one hour in equipment or in the duty roster, at taken en bloc with any rest period, stopping place."; order to reach the employer's the latest on arrival at the suitable by the end of the third week operational centre or the accommodation. following the week in question. driver's place of residence for

    taking a weekly rest.

Under the same conditions the

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driver may exceed the daily and weekly driving time by up to two hours, provided that an uninterrupted break of 30 minutes was taken immediately prior to the additional driving in order to reach the employer's operational centre or the driver's place of residence for taking a regular weekly rest.

The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the destination or the suitable […] stopping place.

Any period of extension shall be compensated by an equivalent period of rest taken en bloc with any rest period, by

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the end of the third week following the week in question. ";

  • 149. 
    (7a) In Article 13(1), point (d) is

    replaced by the following:

  • 150. 
    (d) vehicles or combinations of “(d) vehicles or combinations of B

    vehicles with a maximum vehicles with a maximum

    permissible mass not exceeding 7,5 permissible mass not exceeding 7,5 - keep GA

    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 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

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2(6) of Directive 97/67/EC i.”

  • 152. 
    (7b) In Article 13(1), point (e) is (7) Article 13 (1) is amended as 7) Article 13 (1) is amended

    replaced by the following follows: as follows:

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

  • 153. 
    (e) vehicles operating exclusively "(e) vehicles operating exclusively "(e) vehicles operating A on islands not exceeding 2 300 on islands or regions isolated from exclusively on islands or isolated "(e) vehicles operating square kilometres in area which are the rest of the national territory regions from the rest of the exclusively on islands or not linked to the rest of the national not exceeding 2 300 square national territory not exceeding isolated regions from the territory by a bridge, ford or tunnel kilometres in area which are not 2.300 square kilometres in area rest of the national open for use by motor vehicles; […] connected to the rest of the which are not linked to the rest of territory not exceeding

    national territory by a bridge, ford the national territory by a bridge, 2.300 square kilometres in

    or tunnel open for use by motor ford or tunnel open for use by area which are not linked

    vehicles, and which do not border motor vehicles, nor are they to the rest of the national

    another Member State;" bordering any other Member territory by a bridge, ford

    State."; or tunnel open for use by motor vehicle, and which

    do not border another Member State;";

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  • 155. 
    (7c) in Article 13(1), the following (b) the following point (q) is point is added: added:
  • 156. 
    "(pa) vehicles or combinations of C

vehicles with a maximum Reformulate and merge into line

permissible mass not exceeding 44

tonnes employed by a construction 157

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;"

  • 157. 
    "(q) vehicles used for the delivery C of ready-mixed concrete."; Compromise proposal for lines 156 and 157:

    "(q) vehicles used for the delivery of ready-mixed concrete, and vehicles or combinations of vehicles

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with a maximum permissible mass not exceeding 44 tonnes carrying construction machinery for 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 B

    States may grant, under exceptional States may grant, under exceptional States may grant, under exceptional EP: needs additional assessment

    circumstances, a temporary circumstances, a temporary circumstances, a temporary

    exception for a period not exception for a period not exception for a period not Council proposal: exceeding 30 days, which shall be exceeding 30 days, which shall be exceeding 30 days, which shall be "2. In urgent cases Member duly justified and notified duly justified and notified duly justified and notified States may grant, under

immediately to the Commission."; immediately to the Commission. immediately to the Commission."; exceptional circumstances, a temporary exception for

This information shall be a period not exceeding 30 published on a dedicated public days, which shall be duly website maintained by the justified and notified Commission in all EU languages. immediately to the

Commission. The Commission shall immediately publish this information on a public website";

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  • 162. 
    (9) Article 15 is replaced by the (9) Article 15 is replaced by the - keep GA following: following:
  • 163. 
    "Article 15 "Article 15
  • 164. 
    Member States shall ensure that Member States shall ensure that Member States shall ensure that B drivers of vehicles referred to in drivers of vehicles referred to in drivers of vehicles referred to in 2nd trilogue: should be Article 3(a) are governed by Article 3(a) are governed by Article 3(a) are governed by considered as part of the national rules which provide national rules which provide national rules which provide discussion on for secure adequate protection in terms of adequate protection in terms of adequate protection in terms of parking areas

    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. Council proposal on shortening Member States shall inform the […] It is in the interests of drivers’ Member States shall inform the the text: Commission about the relevant working conditions, as well as Commission about the relevant […] It is in the interests of national rules applicable to such road safety and enforcement that national rules applicable to such drivers’ working drivers."; Member States provide parking drivers."; conditions, as well as and rest areas, free from snow and road safety and ice in the wintertime, especially in enforcement that Member the outermost and/or peripheral States provide parking

    regions of the European Union. and rest areas free from snow and ice in the

    wintertime […]

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  • 165. 
    (9a) Article 16, paragraph 3, (9a) Article 16, paragraph 3, subparagraph (a) is replaced subparagraph (a) is

    by the following: replaced by the following:

  • 166. 
    [Existing text:] (a) include all the "(a) include all the particulars B particulars specified in paragraph 2 specified in paragraph 2 for a "(a) include all the particulars for a minimum period covering the minimum period covering the day specified in paragraph 2 previous 28 days; these particulars of control and the previous 56 for a minimum period must be updated on regular […] days; these particulars must be covering the day of intervals, the duration of which updated on regular intervals, the control and the previous may not exceed one month; duration of which may not exceed 56 […] days; these

    one month;" particulars must be updated on regular

    intervals, the duration of which may not exceed one month;"

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

    paragraph is inserted:

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

    evaluation of the use of

    autonomous driving systems in the TM 7.11.:Council will provide

    Member States and the possibility compromise proposal

    for the driver to record the period during which an autonomous 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."

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Article 19 - paragraph 1 171. (10) in Article 19, paragraph 1 is (10) in Article 19, paragraph 1 is 10) in Article 19, paragraph 1

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

following:

  • 172. 
    "1. Member States shall lay 1. Member States shall lay "1. Member States shall lay B

    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 Text underlined still to be

and Regulation (EU) No 165/2014 i and Regulation (EU) No 165/2014 i and Regulation (EU) No 165/2014 i confirmed by Commission

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 1. Member States shall lay implemented. Those penalties shall implemented. Those penalties shall implemented. Those penalties shall down rules on penalties be effective, proportionate to their be effective and proportionate to be effective, proportionate to their applicable to infringements of gravity as determined in accordance […] the gravity […] of the gravity as determined in accordance this Regulation and Regulation with Annex III to Directive infringements, as indicated in with Annex III to Directive (EU) No 165/2014 and shall take 2006/22/EC of the European Annex III to Directive 2006/22/EC i 2006/22/EC of the European all measures necessary to ensure Parliament and of the Council , of the European Parliament and of Parliament and of the Council 6 , that they are implemented. dissuasive and non-discriminatory. the Council 7 , dissuasive and nondissuasive and non-discriminatory. Those penalties shall be No infringement of this Regulation discriminatory. No infringement of No infringement of this Regulation effective and proportionate to and Regulation (EU) No 165/2014 i this Regulation and of Regulation and Regulation (EU) No 165/2014 i […] the gravity […] of the shall be subjected to more than one (EU) No 165/2014 shall be […] shall be subjected to more than one infringements, as indicated in penalty or procedure. The Member subject to more than one penalty or penalty or procedure. The Member Annex III to Directive States shall notify the Commission procedure. The Member States States shall notify the Commission 2006/22/EC of the European of those measures and the rules on shall […], by the date specified in of those measures and the rules on Parliament and of the Council

7 ,

penalties by the date specified in the second subparagraph of Article penalties by the date specified in dissuasive and nonthe second subparagraph of Article 29, […] notify the Commission of the second subparagraph of Article discriminatory. No infringement 29. They shall notify without delay those rules and measures, along 29. They shall notify without delay of this Regulation and of

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any subsequent amendments with the method and criteria any subsequent amendments Regulation (EU) No 165/2014 i

thereto. The Commission shall chosen at national level for thereto. The Commission shall shall be […] subject to more

inform Member States assessing their proportionality. inform Member States than one penalty or procedure.

accordingly."; […] The Member States shall accordingly."; The Member States shall […],

notify without delay any by the date specified in the

subsequent amendment […] second subparagraph of Article

affecting them. The Commission 29, […] notify the Commission

shall inform Member States […] of of those rules and measures,

those rules and measures, and of along with the method and

any amendments thereto. This criteria chosen at national level

information shall be published on for assessing their

a dedicated public website proportionality. […] The

maintained by the Commission in Member States shall notify

all EU languages, containing without delay any subsequent

detailed information on such amendment […] affecting them.

penalties applicable in EU The Commission shall inform

Member States. Member States […] of those

____________ _________ rules and measures, and of any

7 amendments thereto. This Directive 2006/22/EC i of the 6 Directive 2006/22/EC i of the information shall be published

European Parliament and of European Parliament and of on a dedicated public website the Council of 15 March 2006 the Council of 15 March 2006 maintained by the Commission, on minimum conditions for the on minimum conditions for the or another EU body

implementation of Council implementation of Council

Regulations (EEC) No designated by the Commission, Regulations (EEC) No in all official languages of the

3820/85 and (EEC) No 3820/85 and (EEC) No EU, containing detailed

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3821/85 concerning social 3821/85 concerning social information on such penalties legislation relating to road legislation relating to road applicable in EU Member transport activities and transport activities and States. repealing Council Directive repealing Council Directive

88/599/EEC (OJ L 102, 88/599/EEC (OJ L 102, ____________ 7

11.4.2006, p. 35). 11.4.2006, p. 35). Directive 2006/22/EC i of

the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 i and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC i (OJ L 102, 11.4.2006, p. 35).

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

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

  • 176. 
    (b) in paragraph 2, the (b) in paragraph 2, the (b) in paragraph 2, the following point (c) is added: following point (c) is added: following point (c) is added:
  • 177. 
    "(c) other specific information, "(c) other specific information, "(c) other specific information, including the risk rating of the including the risk rating of the including the risk rating of undertaking, liable to have undertaking, liable to have the undertaking, liable to consequences for compliance with consequences for compliance with have consequences for

the provisions of this Regulation."; the provisions of this Regulation."; compliance with the provisions of this

Regulation."; 178. (c) the following (c) the following (c) the following paragraphs

paragraphs 3a and 3b are paragraphs 3a and 3b are 3a and 3b are inserted: inserted: inserted:

  • 179. 
    "3a. For the purpose of the "3a. For the purpose of the "3a. For the purpose of the

    exchange of information within the exchange of information within the exchange of information within the framework of

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

  • 180. 
    3b. Mutual administrative 3b. Mutual administrative 3b. Mutual administrative cooperation and assistance shall be cooperation and assistance shall be cooperation and assistance

    provided free of charge."; provided free of charge."; shall be provided free of charge.";

  • 181. 
    (11a) in Article 24, the following (11a) in Article 24, the paragraph is inserted: following paragraph is inserted:
  • 182. 
    "2a. Where reference is made to C this paragraph, Article 5 of [Note: relevant for line 185] Regulation (EU) No 182/2011 i "2a. Where reference is made

    shall apply."; to this paragraph, Article 5 of Regulation

    (EU) No 182/2011 shall apply.";

  • 184. 
    (12) in Article 25, paragraph 2 is (12) in Article 25, paragraph 2 is (12) in Article 25, paragraph 2 replaced by the following: replaced by the following: is replaced by the

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following:

  • 185. 
    "2. In the cases referred to in 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 point (b) of paragraph 1 adopt implementing acts setting out adopt implementing acts setting out Commission shall adopt the Commission shall common approaches in accordance common approaches for the implementing acts setting out adopt implementing acts with the advisory procedure implementation of this Regulation, common approaches in accordance setting out common referred to in Article 24(2)." in accordance with the advisory with the […]examination approaches in accordance

procedure referred to in Article procedure referred to in Article with the […]examination

24(2). 24(2a)."; procedure referred to in Article 24(2a).";

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  • 187. 
    (12a) The following Annex is C

    added:

  • 188. 
    "Minimum requirements for the C

    parking areas

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

    clean, in working condition and checked regularly:

  • 191. 
    - up to 10 places, at least one C toilet block with four toilets;
  • 192. 
    - from 10 up to 25 places, at C least one toilet block with

    eight toilets; 193. - from 25 up to 50 places, at C

    least two toilet blocks with 10 toilets each;

  • 194. 
    - from 50 up to 75 places, at C least two toilet blocks with

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15 toilets each; 195. - from 75 up to 125 places, at C

least four toilet blocks with 15 toilets each;

  • 196. 
    - over 125 places, at least six C toilet blocks with 15 toilets

    each.

  • 197. 
    2) Showers clean, in working C

    condition and checked regularly:

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

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

    least two shower blocks with five showers each;

  • 200. 
    - from 50 up to 75 places, at C least two shower blocks with

    10 showers each; 201. - from 75 up to 125 places, at C

    least four shower blocks with 12 showers each;

  • 202. 
    - over 125 places, at least six C shower blocks with 15

    showers each.

  • 203. 
    3) Adequate access to drinking C

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water;

  • 204. 
    4) Suitable cooking facilities, C

    snack-bar or restaurant;

  • 205. 
    5) Shop present with variety of C

    food, beverages etc. at the site or nearby;

  • 206. 
    6) Waste bins available in C

    adequate amount and capacity;

  • 207. 
    7) Shelter against rain or sun C

    near parking area;

  • 208. 
    8) Contingency plan/ C

    management available/ emergency contacts known to the staff;

  • 209. 
    9) Picnic tables with benches or C

    alternatives available in reasonable amount;

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

    payment and invoice system;

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  • 212. 
    12) Indication system of slot C

    availability both at the location and online;

  • 213. 
    13) The facilities are gender C

    friendly.

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

    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 C

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

  • 217. 
    3) Digital recording (at least C

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

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  • 218. 
    4) CCTV system that has the C

    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 C

    or otherwise;

  • 220. 
    6) Each crime incident shall be C

    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 C

    pedestrian lanes at all times;

  • 222. 
    8) Pedestrian safety in the C

    dedicated parking areas;

  • 223. 
    9) Parking area surveillance C

    through appropriate and proportionate security checks;

  • 224. 
    10) Clearly indicated phone C

    number(s) of emergency services."

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

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

    following: 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 A

    in relation to the construction, in relation to the construction, in relation to the construction, “1. This Regulation sets installation, use, testing and installation, use, testing and installation, use, testing and out obligations and control of tachographs used in control of tachographs used in control of tachographs used in requirements in relation to road transport, in order to road transport, in order to road transport, in order to the construction, verify compliance with verify compliance with verify compliance with installation, use, testing and Regulation (EC) No 561/2006 i, Regulation (EC) No 561/2006 i, Regulation (EC) No 561/2006 i, control of tachographs used Directive 2002/15/EC i of the Directive 2002/15/EC i of the Directive 2002/15/EC i of the in road transport, in order to European Parliament and of European Parliament and of European Parliament and of verify compliance with the Council 7 and Council the Council 8 and Council the Council 7 and Council Regulation (EC) No Directive 92/6/EEC i 8 . Directive 92/6/EEC i 9 , Directive 92/6/EEC i 8 , Council 561/2006, Regulation (EC)

    ____________ Regulation (EC) No Directive 92/106/EEC i 9 , No 1072/2009, Regulation

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7 Directive 2002/15/EC i of the 1072/2009, Council Directive Regulation (EC) No (EC) No 1073/2009,

European Parliament and of 92/106/EEC 10 , Directive 1072/2009, Regulation (EC) Directive 96/71/EC i and

the Council of 11 March 2002 96/71/EC and Directive No 1073/2009, Directive Directive 2002/15/EC i of the

on the organisation of the 2014/67/EU as far as the 96/71 and Directive European Parliament and of

working time of persons posting of workers in road 2014/67/EU as far as posting the Council 8 , Directive

performing mobile road transport is concerned, and of workers in road transport 2014/67/EU as far as the transport activities (OJ L 80, with the Directive laying down is concerned, and with the posting of workers in road 23.3.2002, p. 35). specific rules with respect to Directive xxx/xxx/EU laying transport is concerned,

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

the Community (OJ L 57, 8 Directive 2002/15/EC i of the ____________ transport, and Council

2.3.1992, p. 27). European Parliament and of * Note: References to rules on Directive 92/6/EEC i 9 .

the Council of 11 March posting of workers to be ____________

2002 on the organisation of aligned with the final 8 Directive 2002/15/EC i of the working time of persons compromise on those files. the European Parliament performing mobile road 7 Directive 2002/15/EC i of the and of the Council of 11 transport activities (OJ L 80, European Parliament and of March 2002 on the 23.3.2002, p. 35). the Council of 11 March 2002 organisation of the

9 Council Directive 92/6/EEC i on the organisation of the working time of persons

of 10 February 1992 on the working time of persons performing mobile road installation and use of speed performing mobile road transport activities (OJ L limitation devices for certain transport activities (OJ L 80, 80, 23.3.2002, p. 35).

7914/4/19 REV 4 JL/el/km/pl/km 85

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

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

types of combined transport 2.3.1992, p. 27). Community (OJ L 57, of goods between Member 9 Council Directive 2.3.1992, p. 27). States (OJ L 368, 92/106/EEC of 7 December 10

17.12.1992, p. 38). 1992 on the establishment of Council Directive

common rules for certain 92/106/EEC of 7

types of combined transport December 1992 on the

of goods between Member establishment of common

States, OJ L 368, 17.12.1992, rules for certain types of

  • p. 
    38. 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 B

    point is inserted:

  • 232. 
    "(ha) ‘smart tachograph’ means a B digital tachograph using a - Council: definition not positioning service based on a necessary. As regards satellite navigation system referring to "smart automatically determining its tachograph" in Article position in accordance with this 3(4), it is preferable to

    Regulation;" refer precisely to the tachograph complying

    with the specifications for

    version 2

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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 11 ... [OJ: 3 "4. No later than four C- The selection of dates should registered vehicles are required to years after the entry into force of years after the end of the be agreed on once recent have a tachograph as provided in this amending Regulation], the year of entry into force* of information on technical Articles 8, 9 and 10, vehicles following vehicles shall be fitted detailed provisions referred implication has been operating in a Member State other with a smart tachograph: to in the second sentence of properly assessed than their Member State of the first paragraph of Article

    registration shall be fitted with such ____________ 11 which contain Council proposal on staged

    a tachograph 11 Assuming the entry into force specifications for the approach covering lines

    of the road package in 2019, recording of border-crossing 235-241: the Commission’s and additional activities, all "4. No later than […] implementing act for smart vehicles operating in a years after the end of the tachograph version 2 by Member State other than year of entry into force* of 2019/2020 (see Art. 11 below), their Member State of detailed provisions referred applying thereafter a registration which are fitted to in the second sentence of staggered approach to with a tachograph not the first paragraph of retrofitting. complying with the Article 11 which contain

    specifications in those specifications for the detailed provisions, shall be recording of borderfitted with a smart crossing and additional

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tachograph as provided in activities, shall the Articles 8, 9 and 10 of this following vehicles Regulation."; operating in a Member State

____________ other than their Member

  • * 
    [NOTE: expected as being State of registration […] be

end of 2024.] fitted with a smart

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

____________

  • [NOTE: expected at the latest by end 2020 if

    mobility package is adopted still in 2019 (see Art. 11 below), applying thereafter a staggered approach to retrofitting

  • 236. 
    (a) vehicles operating in a C

    Member State other than their (a) vehicles fitted with an Member State of registration analogue tachograph

    which are fitted with an analogue tachograph,

  • 237. 
    (b) vehicles operating in a C

    Member State other than their (b) vehicles fitted with a digital tachograph

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

  • 238. 
    (c) vehicles operating in a C

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

    2011.” 2011; and d) vehicles fitted with a

    digital tachograph complying with Annex IB to Council Regulation (EEC) No 3821/85 applicable from 1 October 2012.”

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  • 240. 
    (-1c) In Article 3, the following paragraph is inserted:
  • 241. 
    “4a. By... [OJ: 4 years after the C entry into force of this amending - added to line 238

    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 October 2012 shall be fitted with a smart tachograph.”

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  • 243. 
    (-1d) In Article 3, the following paragraph is inserted:
  • 244. 
    “4b. By... [OJ: 5 years after the C entry into force of this amending - The selection of date should be Regulation], vehicles operating in agreed on once recent a Member State other than their information on technical Member State of registration implication has been which are fitted with a smart properly assessed tachograph complying with Annex Council proposal: IC to Commission Implementing 5. No later than [….] years Regulation (EU) 2016/799 12 shall after the detailed

    be fitted with a smart tachograph.” provisions referred to in the second sentence of

    ________________ the first paragraph of 12 Commission Implementing Article 11 which contain Regulation (EU) 2016/799 specifications for the of 18 March 2016 recording of borderimplementing Regulation crossing and additional (EU) No 165/2014 of the activities, shall vehicles European Parliament and of which are fitted with a the Council laying down the smart tachograph

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requirements for the complying with Annex construction, testing, IC to Commission installation, operation and Implementing repair of tachographs and Regulation (EU) their components (OJ L 139, 2016/799 operating in a 26.5.2016, p. 1.) Member State other than their Member State of registration be fitted with a smart tachograph as provided in Articles 8, 9 and 10 of this Regulation.

  • 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 (-1e) In Article 4(2), the

    indent is inserted: following indent is inserted:

  • 247. 
    “- have enough memory “- have enough memory capacity to store all of the capacity to store all of the data required under this data required under this Regulation;”; 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 1. Member States shall ensure A

    that the processing of personal "1. Member States shall ensure that the processing of personal 1. Member States shall ensure data in the context of this that the processing of personal data data in the context of this that the processing of Regulation is carried out solely in the context of this Regulation is Regulation is carried out solely personal data in the context for the purpose of verifying carried out solely for the purpose of compliance with this verifying compliance with this

    for the purpose of verifying of this Regulation is carried

    Regulation and with Regulation and with Regulation

compliance with this out solely for the purpose of

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

Regulation and with verifying compliance with

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

Regulation (EC) No 561/2006 i, this Regulation and with

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

Directive 2002/15/EC i, Regulation (EC) No

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

Council Directive 92/6/EEC i, 561/2006, Regulation (EC)

supervisory authority of the 1072/2009, Directive 96/71/EC i and

Council Directive No 1072/2009, Regulation

Member State referred to in Directive 2014/67 i/EU as far as

92/106/EEC, Regulation (EC) No 1073/2009,

Article 28 of Directive posting of workers in road

(EC) No 1072/2009, Directive 96/71/EC i and

95/46/EC. transport is concerned, and with

Regulation (EC) No Directive 2002/15/EC i of the

the Directive laying down specific 1073/2009, Directive 96/71 i European Parliament and of rules with respect to Directive and Directive 2014/67 i/EU as the Council , Directive 96/71/EC and Directive far as posting of workers in 2014/67/EU as far as the

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2014/67/EU for posting drivers in road transport is concerned, posting of workers in road

road transport, in accordance with and with the Directive transport is concerned,

[…] Regulation (EU) 2016/679 xxx/xxx/EU laying down the Directive laying down

and Directive 2002/58/EC i and specific rules with respect to specific rules with respect

under the supervision of the Directive 96/71/EC i and to Directive 96/71/EC i and

supervisory authority of the Directive 2014/67 i/EU for Directive 2014/67 i/EU for

Member State referred to in Article posting drivers in road posting drivers in road

[…] 51 of Regulation (EU) No transport, in accordance transport, and Council

2016/679." with Regulation (EU) No Directive 92/6/EEC i.

2016/679 and Directive

2002/58/EC 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 A particular, ensure that personal particular, ensure that particular, ensure that personal 2. Member States shall, in data are protected against uses personal data are protected data are protected against uses particular, ensure that other than those strictly linked against uses other than those other than those strictly linked personal data are protected to this Regulation and strictly linked to this to the legal acts referred to in against uses other than Regulation (EC) No 561/2006 i, Regulation and Regulation paragraph 1, in relation to: those strictly linked to the in accordance with paragraph (EC) 561/2006, Directive Union legal acts referred 1, in relation to: 2002/15/EC, Council to in paragraph 1, in Directive 92/6/EEC i, Council relation to: 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 - the use of a global satellite system (GNSS) for the satellite system (GNSS) for the navigation satellite system recording of location data as recording of location data as (GNSS) for the recording of referred to in Article 8, referred to in Article 8, location data as referred to
    • the use of remote - the use of remote in Article 8,

    communication for control communication for control - the use of remote

    purposes as referred to in purposes as referred to in communication for control

    Article 9, Article 9, purposes as referred to in

    • the use of tachographs with an - the use of tachographs with an Article 9,

    interface as referred to in interface as referred to in - the use of tachographs with

    Article 10, Article 10, an interface as referred to in

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

    information on driver cards as information on driver cards as - the electronic exchange of

    referred to in Article 31, and in referred to in Article 31, and in information on driver cards

    particular any cross-border particular any cross-border as referred to in Article 31,

    exchanges of such data with exchanges of such data with and in particular any crossthird

    countries, third countries, border exchanges of such

    • the keeping of records by - the keeping of records by data with third countries,

    transport undertakings as transport undertakings as - the keeping of records by

    referred to in Article 33. referred to in Article 33. transport undertakings as

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referred to in Article 33.

  • 256. 
    3. Digital tachographs shall be 3. Digital tachographs shall be A designed in such a way as to designed in such a way as to 3. Digital tachographs shall ensure privacy. Only data ensure privacy. Only data be designed in such a way necessary for the purposes of necessary for the purposes as to ensure privacy. Only this Regulation shall be referred to in paragraph 1 data necessary for the processed. shall be processed. purposes referred to in

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paragraph 1 shall be processed.

  • 257. 
    4. Owners of vehicles, transport 4. Owners of vehicles, transport 4. Owners of vehicles, undertakings and any other undertakings and any other transport undertakings and entity concerned shall comply, entity concerned shall comply, any other entity concerned where applicable, with the where applicable, with the shall comply, where relevant provisions on the relevant provisions on the applicable, with the protection of personal data. protection of personal data."; relevant provisions on the protection of personal data.";
  • 258. 
    (1) in Article 8(1), the second (1) […]Article 8(1) […] is […] A indent is replaced by the amended as follows: 1) […]Article 8(1) […] is […] following: amended as follows:
  • 259. 
    In order to facilitate the verification (a) the first subparagraph […] (a) "In order to facilitate the of compliance with the relevant is replaced by the following: verification of compliance with legislation, the position of the "In order to facilitate the the relevant legislation, the

    vehicle shall be recorded verification of compliance with the position of the vehicle shall be automatically at the following relevant legislation, the position of recorded automatically at the points, or at the closest point to the vehicle shall be recorded following points, or at the such places where the satellite automatically at the following closest point to such places signal is available: points, or at the closest point to where the satellite signal is [NOTE: Commission proposal does such places where the satellite available: not change this part] signal is available:

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  • 260. 
    - the starting place of the daily - the starting place of the daily the starting place of the working period; [current text] working period; daily working period;
  • 261. 
    - every time the vehicle A (NOTE: see line 264)

    crosses the border of a Member State;

  • 262. 
    - every time the vehicle A (NOTE: see line 267)

    performs loading or unloading activities;

  • 264. 
    "– every three hours of – every three hours of - every three hours of A (NOTE: see line 261)

    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 - the ending place of the working period. [current text] working period. daily working period

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  • 267. 
    every time the vehicle [ A (NOTE: see line 262)

    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 (1a) in Article 8(1), the

    subparagraph is inserted: following subparagraph is inserted:

  • 270. 
    In order to facilitate the In order to facilitate the

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

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561/2006. Regulation (EC) No 561/2006 i.

  • 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 C time from ... [24 months after the border-crossing and additional - Council: keep GA (is clearer entry into force of this amending activities referred to in the and in line with the Regulation] shall be fitted with a second and third indent of the compromise proposal for tachograph in accordance with the first subparagraph shall concern smart II retrofit.)

    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)."

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____________

  • * 
    NOTE: expected as being no 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 … [1 year after entry "[…] Four years after the entry C vehicles are required to have a into force of this Regulation], into force of detailed provisions - Council: keep GA (date needs tachograph as provided for in this Member States shall equip their referred to in the second sentence to be aligned with entry Article and in Articles 8 and 10, control authorities to an appropriate of paragraph 1 of Article 11 into force of detailed Member States shall equip their extent with remote early detection which contain specifications for provisions, and the time control authorities to an appropriate equipment necessary to permit the the recording of border-crossing needs to be reasonable extent with remote early detection data communication referred to in and additional activities referred taking into account the equipment necessary to permit the this Article, taking into account to in the second and third indent entry into market of smart data communication referred to in their specific enforcement of Article 8(1), Member States tachograph version 2) this Article, taking into account requirements and strategies. Until shall equip their control authorities EP: align with a more ambitious their specific enforcement that time, Member States may to an appropriate extent with roll-out of the smart tacho

    requirements and strategies. Until decide whether to equip their remote early detection equipment that time, Member States may control authorities with such remote necessary to permit the data decide whether to equip their early detection equipment." communication referred to in this control authorities with such remote 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 (b) Paragraph 3 is replaced replaced by the following: the following: by the following:
  • 280. 
    3. The communication referred "3. The communication referred "3. The communication referred A

to in paragraph 1 shall be to in paragraph 1 shall be to in paragraph 1 shall be "3. The communication

established with the tachograph established with the tachograph established with the tachograph referred to in paragraph 1

only when so requested by the only when so requested by the only when so requested by the shall be established with equipment of the control equipment of the control equipment of the control the tachograph only when

authorities. It shall be secured to authorities. It shall be secured to authorities. It shall be secured to so requested by the

ensure data integrity and

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

control equipment. Access to the authentication of the recording and authentication of the recording and authorities. It shall be

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

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

authorised to check infringements restricted to control authorities restricted to control authorities authentication of the

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

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

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

correct functioning of the functioning of the tachograph."; check infringements of tachograph." the Union legal acts referred to in Article 7

ANNEX TREE.2.A EN

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

(1), and of this Regulation and to workshops in so far

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

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

    paragraph is added: (1aa) In Article 10 the following paragraph is

    added: 284. "2. The tachographs of vehicles B

    registered for the first time in a "2. The tachographs of Member State two years* after vehicles registered for the first the entry into force of detailed time in a Member State two provisions referred to in the years* after the entry into second sentence of paragraph 1 force of detailed provisions of Article 11 which contain referred to in the second specifications for the recording of sentence of paragraph 1 of border-crossing and additional Article 11 which contain activities referred to in the specifications for the

ANNEX TREE.2.A EN

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

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

second and third indent of recording of border-crossing Article 8(1), shall be equipped and additional activities with the interface referred to in referred to in the second and paragraph 1."; third indent of Article 8(1), ____________ shall be equipped with the interface referred to in

  • * 
    [NOTE: expected as being paragraph 1."; no later than June 2022.] ____________
    • * 
      [NOTE: expected as being no later than June 2022.]
  • 286. 
    (1e) in Article 11, paragraph 1 is (1ab) In Article 11, the

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

    sentence of the first paragraph: inserted after the first sentence of the first

    paragraph: 287. In order to ensure that smart "In order to ensure that smart B

    tachographs comply with the tachographs comply with the By … [ 12 months after the principles and requirements set out principles and requirements set out entry into force of this in this Regulation, the Commission in this Regulation, the Commission amending Regulation], shall, by means of implementing shall, by means of implementing the Commission shall acts, adopt detailed provisions acts, adopt detailed provisions adopt implementing acts

ANNEX TREE.2.A EN

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

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

necessary for the uniform necessary for the uniform laying down detailed application of Articles 8, 9 and 10, application of Articles 8, 9 and 10, rules for the uniform excluding any provisions which excluding any provisions which application of the would provide for the recording of would provide for the recording of obligation to record and additional data by the tachograph. additional data by the tachograph. store data relating to any Those implementing acts shall be By … [ 12 months after the entry

adopted in accordance with the into force of this amending "The Commission shall bring

border crossing of the

examination procedure referred to Regulation], the Commission shall into force the implementing acts

vehicle and additional

in Article 42(3). adopt implementing acts laying providing the detailed provisions

activities referred to in the second indent of the

down detailed rules for recording for the uniform application of the first subparagraph of any border crossing of the vehicle obligation to record and store referred to in the second indent of data relating to any border

Article 8(1) and in the

the first subparagraph of Article crossing of the vehicle and

second subparagraph of

8(1) and in the second additional activities referred to in

Article 8(1).

subparagraph of Article 8(1). the second and third indent of

Article 8(1), by [OJ: 12 months after the entry into force of this amending Regulation].";

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3)."

  • 288. 
    (1ac) In Article 22, paragraph 5, B the two last subparagraphs shall (1ac) In Article 22, paragraph

    be replaced by the following: 5, the two last subparagraphs shall be

ANNEX TREE.2.A EN

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

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

replaced by the following:

  • 289. 
    "The seals removed or broken "The seals removed or broken shall be replaced by an approved shall be replaced by an

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

  • 290. 
    When a control officer removes a When a control officer seal, the control card shall be removes a seal, the control inserted in the tachograph from card shall be inserted in the the moment of the removal of the tachograph from the moment seal until the inspection is of the removal of the seal until finished, including in case of the inspection is finished, placement of a new seal. The including in case of placement control officer shall issue a of a new seal. The control written statement containing at officer shall issue a written least the following information: statement containing at least the following information:

ANNEX TREE.2.A EN

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

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

  • 291. 
    - vehicle identification - vehicle identification number; number;
    • - 
      name of the officer; - name of the officer; - control authority and - control authority and Member State; Member State; - number of the control card; - number of the control - number of the removed seal; card; - date and time of seal - number of the removed removal; seal; - number of the new seal, in - date and time of seal case the control officer has removal; placed a new seal. - number of the new seal, in case the control officer has placed a new seal.
  • 292. 
    Before replacing the seals, a Before replacing the seals, a check and calibration of the check and calibration of the tachograph shall be performed tachograph shall be

    by an approved workshop, performed by an approved except where a seal has been workshop, except where a seal removed or broken for control has been removed or broken purposes and replaced by a for control purposes and control officer."; replaced by a control officer.";

  • 293. 
    (1ad) In Article 26, the following (1ad) In Article 26, the

    paragraph is added: following paragraph is added:

ANNEX TREE.2.A EN

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

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

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

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

  • 295. 
    (1b) in Article 34, the first (1b) in Article 34, the first paragraph is replaced by the paragraph is replaced by following: the following:
  • 296. 
    [Existing text:] 1. Drivers shall use "1. Drivers shall use records sheets "1. Drivers shall use records record sheets or driver cards every or driver cards every day on which sheets or driver cards every day day on which they are driving, they are driving, starting from the on which they are driving,

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

ANNEX TREE.2.A EN

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

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

  • 297. 
    (1c) in Article 34(6), the (1c) in Article 34(6), the following point (f) is added: following point (f) is added:
  • 298. 
    "(f) the symbols of the countries "(f) the symbols of the in which the daily working countries in which the period started and finished. The daily working period driver shall also enter the symbol started and finished. The of the country that the driver driver shall also enter enters after crossing a border of the symbol of the a Member State at the beginning country that the driver of the driver’s first stop in that enters after crossing a Member State. That first stop border of a Member shall be made at the nearest State at the beginning of stopping place at or after the the driver’s first stop in border. Where the crossing of the that Member State. That border of a Member State takes first stop shall be made place on a ferry or train, the at the nearest possible driver shall enter the symbol of stopping place at or after the country at the port or station the border. Where the of arrival."; 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, Compromise

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, B

    or rest. rest, annual leave or sick leave, - Council: still assessing additional needs for

    under the sign "ferry/train": In clarification

    addition to the sign : the rest "(iv) under the sign : period spending on a ferry or train breaks, rest, annual leave or sick as required by Article 9 of leave,

    Regulation (EC) 561/2006 i." 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."

ANNEX TREE.2.A EN

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

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 (2) in Article 34(7), the first

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

  • 304. 
    "7. The driver shall enter in the 7. Where the tachograph is not "7. The driver shall enter in the B digital tachograph the able to automatically record digital tachograph the symbols "7. The driver shall enter in the symbols of the countries in the border crossing, the of the countries in which the digital tachograph the which the daily working driver shall at the first daily working period started symbols of the countries in period started and finished as possible and available and finished […]. which the daily working well as where and when the stopping place enter […] the One year after the entry into period started and finished 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 One year after the entry suitable stopping place. period started and finished as sentence of paragraph 1 of into force of detailed well as where and when the Article 11 which contain provisions referred to in driver has crossed a specifications allowing to the second sentence of border[…]. The country’s enter and store border paragraph 1 of Article code after crossing a border crossing data, the driver 11 which contain into a new country shall be shall also enter the symbol of specifications allowing to entered under the heading the country that the driver enter and store border BEGIN on the tachograph. enters after crossing a crossing data, the driver Member States may require border of a Member State at shall also enter the drivers of vehicles engaged the beginning of the driver’s symbol of the country

ANNEX TREE.2.A EN

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

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

  • 305. 
    Member States may require Member States may require Member States may require drivers of vehicles engaged in drivers of vehicles engaged in drivers of vehicles engaged transport operations inside transport operations inside in transport operations

    their territory to add more their territory to add more inside their territory to add detailed geographic detailed geographic more detailed geographic specifications to the country specifications to the country specifications to the country symbol, provided that those symbol, provided that those symbol, provided that those Member States have notified Member States have notified Member States have those detailed geographic those detailed geographic notified those detailed

ANNEX TREE.2.A EN

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

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

specifications to the specifications to the geographic specifications to

Commission before 1 April Commission before 1 April the Commission before 1

1998.". 1998."; April 1998.";

  • 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 B

with training on how to - keep GA, in principle, is

correctly use a tachograph already covered in Art

in order to achieve full use 33(1)

of the equipment. The driver Agree with a new recital as

must not be responsible for proposed by EP:

the cost of their training, (xx) The recording of

which should be provided by activities on the

their employer."; tachograph is an

important part of drivers’

work. Therefore, it is

crucial that drivers are

provided with the

appropriate training on

how to use tachographs,

including when new

ANNEX TREE.2.A EN

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

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

versions of tachographs are introduced on the market. Employers should bear the costs related to the training of their drivers.

  • 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 B

    control authorities should be - keep GA (the matter, is trained on how to correctly sufficiently covered in Art read and monitor a 39 tachograph." Agree with a new recital as proposed by EP: (xx) Control officers checking compliance with relevant Union law in the road transport sector face challenges due to the variety of tachograph

ANNEX TREE.2.A EN

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devices in use and the fast

evolving sophisticated

manipulation techniques.

This is particularly the

case when those checks

are carried out at the

roadside. Therefore, it is

crucial that control

officers receive

appropriate training to

ensure that they are upto-date

with the latest

technological

developments and

manipulation techniques.

  • 312. 
    (3) Article 36 is amended as (3) Article 36 is amended as

follows: follows:

ANNEX TREE.2.A EN

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  • 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 (a) paragraph 1(i) is

    replaced by the following: the following: replaced by the following:

  • 315. 
    (i) the record sheets for the "(i) the record sheets for the "(i) the record sheets for the A current day and those used by current day and those used by current day and […] the "(i) the record sheets for the the driver in the previous 28 the driver in the previous preceding 56 days,"; current day and […] the days, […] 56 days," preceding 56 days,";
  • 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 (b) paragraph 1(iii) is

    replaced by the following: by the following: replaced by the following:

ANNEX TREE.2.A EN

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

  • 318. 
    (iii) any manual records and "(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 printouts made during the current day and the previous current day and the previous current day and the […] current day and the […] 28 days as required under this […] 56 days as required preceding 56 days."; preceding 56 days.";

    Regulation and Regulation under this Regulation and (EC) No 561/2006 i. Regulation (EC) No 561/2006 i."

  • 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 (c) paragraph 2(ii) is

    replaced by the following: by the following: replaced by the following:

  • 321. 
    (ii) any manual records and "(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 printouts made during the current day and the previous current day and the previous current day and the […] current day and the […] 28 days as required under this […] 56 days as required preceding 56 days."; 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, Compromise

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

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

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

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

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

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

    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.

Referenced document

11 Apr
'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 - four column table
WORKING DOCUMENT
General Secretariat of the Council
7914/19
 
 
 

4.

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5.

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