Commission Implementing Regulation (EU) 2016/799Show full title

Commission Implementing Regulation (EU) 2016/799

of 18 March 2016

implementing Regulation (EU) No 165/2014 of the European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport(1), and in particular Articles 11 and 12(7) thereof,

Whereas:

(1) Regulation (EU) No 165/2014 has introduced second-generation digital tachographs called smart tachographs, which include a connection to the global navigation satellite system (‘GNSS’) facility, a remote early detection communication facility, and an interface with intelligent transport systems. The specifications for the technical requirements for the construction of smart tachographs should be set up.

(2) The remote early detection facility established by Article 9(4) of Regulation (EU) No 165/2014 should transmit to a roadside control officer the data of the digital tachograph and the information concerning the weights and weight per axles of the complete vehicle combination (tractor and trailers or semi-trailers), in accordance with Directive 96/53/EC of the European Parliament and of the Council(2). That should enable an effective and quick check of vehicles by the control authorities, with fewer electronic devices in the vehicle cab.

(3) In accordance with Directive 96/53/EC, the remote early detection facility should use the CEN DSRC standards(3) referred to in that Directive, at the frequency band of 5 795-5 805 MHz. As that frequency band is used for electronic tolling as well, and in order to avoid interference between tolling and control applications, control officers should not use the remote early detection facility on a toll plaza.

(4) New security mechanisms for maintaining the level of security of the digital tachograph should be introduced with the smart tachograph to address current security vulnerabilities. One of such vulnerabilities is the absence of expiry dates of digital certificates. In order to comply with the best practices in security matters, it is recommended that the use of digital certificates without expiry dates should be avoided. The normal operation validity period of vehicle units should be 15 years, starting on the issuing date of the vehicle unit digital certificates. Vehicle units should be replaced after that validity period.

(5) The provision of secured and reliable positioning information is an essential element of the effective operation of smart tachographs. Therefore, it is appropriate to ensure their compatibility with the added value services provided by the Galileo programme as set out in Regulation (EU) No 1285/2013 of the European Parliament and of the Council(4) in order to improve the security of the smart tachograph.

(6) In accordance with Articles 8(1), 9(1) and 10(1) and (2) of Regulation (EU) No 165/2014, the security mechanisms introduced by that Regulation should apply 36 months after the entry into force of the necessary implementing acts in order to allow the manufacturers to develop the new generation of smart tachographs, and receive their type-approval certificates from the competent authorities.

(7) In accordance with Regulation (EU) No 165/2014, vehicles registered for the first time in a Member State 36 months after the entry into force of this Commission Regulation, should be equipped with a smart tachograph compliant with the requirements of this Commission Regulation. In any case, all vehicles operating in a Member State other than their Member State of registration should be equipped with a compliant smart tachograph 15 years after the date of application of those requirements.

(8) Commission Regulation (EC) No 68/2009(5) allowed, during a transitional period expiring on 31 December 2013, the use of an adaptor to make possible the installation of tachographs in M1 and N1 type vehicles. Due to technical difficulties related to finding an alternative to the use of the adaptor, the experts of the automotive and tachograph industry, together with the Commission, concluded that no alternative solution to the adaptor was feasible without entailing high costs for industry, which would be disproportionate to the size of the market. Therefore, the use of the adaptor in M1 and N1 type vehicles should be allowed indefinitely.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 42(3) of Regulation (EU) No 165/2014,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 60, 28.2.2014, p.1.

(2)

Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, p.59)

(3)

Dedicated Short Range Communications standards of the European Standardisation Committee (CEN) EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906.

(4)

Regulation (EU) No 1285/2013 of the European Parliament and of the Council of 11 December 2013 on the implementation and exploitation of European satellite navigation systems and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of the Council (OJ L 347, 20.12.2013, p. 1).

(5)

Commission Regulation (EC) No 68/2009 of 23 January 2009 adapting for the ninth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 21, 24.1.2009, p.3).