Commission Implementing Regulation (EU) 2021/1228 of 16 July 2021 amending Implementing Regulation (EU) 2016/799 as regards the requirements for the construction, testing, installation, operation and repair of smart tachographs and their components (Text with EEA relevance)

Article 1

Annex IC to Implementing Regulation (EU) 2016/799 is amended in accordance with the Annex to this Regulation.

Article 2

Entry into force

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

It shall apply from 21 August 2023.

However, from 25 May 2023, national authorities shall not refuse to grant EU type approval for a new type of tachograph, tachograph component, or tachograph card, or grant extension for an existing type of tachograph, tachograph component, or tachograph card, or prohibit registration, placing on the market or entry into service of a new tachograph, tachograph component, or tachograph card where the equipment concerned complies with Implementing Regulation (EU) 2016/799 as amended by this Regulation, if a manufacturer so requests.

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

ANNEX

Annex IC to Implementing Regulation (EU) 2016/799 is amended as follows:

(1) the table of content is amended as follows: (a) the following point 3.6.4 is inserted: ‘3.6.4 Entry of load/unload operation’; (b) the following point 3.9.18 is inserted: ‘3.9.18 ‘GNSS anomaly’ event’; (c) the following points 3.12.17, 3.12.18 and 3.12.19 are inserted: ‘3.12.17 Border crossings 3.12.18 Load/unload operations 3.12.19 Digital map’; (d) point 3.20 is replaced by the following: ‘3.20 Data exchanges with additional external devices’; (e) the following points 3.27 and 3.28 are inserted: ‘3.27 Monitoring border crossings 3.28 Software update’; (f) the following point 4.5.3.2.1.1 is inserted: ‘4.5.3.2.1.1 Additional application identification (not accessed by version 1 of second generation vehicle units)’; (g) the following points 4.5.3.2.17 to 4.5.3.2.22 are inserted: ‘4.5.3.2.17 Authentication status for positions related to places where daily work periods start and/or end (not accessed by version 1 of second generation vehicle units) 4.5.3.2.18 Authentication status for positions where three hours accumulated driving time are reached (not accessed by version 1 of second generation vehicle units) 4.5.3.2.19 Border crossings (not accessed by version 1 of second generation vehicle units) 4.5.3.2.20 Load/unload operations (not accessed by version 1 of second generation vehicle units) 4.5.3.2.21 Load type entries (not accessed by version 1 of second generation vehicle units) 4.5.3.2.22 VU configurations (not accessed by version 1 of second generation vehicle units)’; (h) the following point 4.5.4.2.1.1 is inserted: ‘4.5.4.2.1.1 Additional application identification (not accessed by version 1 of second generation vehicle units)’; (i) the following points 4.5.4.2.16 to 4.5.4.2.22 are inserted: ‘4.5.4.2.16 Authentication status for positions related to places where daily work periods start and/or end (not accessed by version 1 of second generation vehicle units) 4.5.4.2.17 Authentication status for positions where three hours accumulated driving are reached (not accessed by version 1 of second generation vehicle units) 4.5.4.2.18 Border crossings (not accessed by version 1 of second generation vehicle units) 4.5.4.2.19 Load/unload operations (not accessed by version 1 of second generation vehicle units) 4.5.4.2.20 Load type entries (not accessed by version 1 of second generation vehicle units) 4.5.4.2.21 Calibration Additional Data (not accessed by version 1 of second generation vehicle units) 4.5.4.2.22 VU configurations (not accessed by version 1 of second generation vehicle units)’; (j) the following point 4.5.5.2.1.1 is inserted after point 4.5.5.2.1: ‘4.5.5.2.1.1 Additional application identification (not accessed by version 1 of second generation vehicle units)’; (k) the following point 4.5.5.2.6 is inserted: ‘4.5.5.2.6 VU configurations (not accessed by version 1 of second generation vehicle units)’; (l) the following point 4.5.6.2.1.1 is inserted after point 4.5.6.2.1: ‘4.5.6.2.1.1 Additional application identification (not accessed by version 1 of second generation vehicle units)’; (m) the following point 4.5.6.2.6 is inserted: ‘4.5.6.2.6 VU configurations (not accessed by version 1 of second generation vehicle units)’;

(2) the introductory text before the List of Appendixes is replaced by the following: ‘INTRODUCTION This Annex contains second generation recording equipment and tachograph cards requirements. Since June 15^th 2019, second generation recording equipment is being installed in vehicles registered in the Union for the first time, and second generation tachograph cards are being issued. In order to smoothly implement the second generation tachograph system, second generation tachograph cards have been designed to be also used in first generation vehicle units built in accordance with Annex IB to Regulation (EEC) No 3821/85. Reciprocally, first generation tachograph cards may be used in second generation vehicle units. Nevertheless, second generation vehicle units can only be calibrated using second generation workshop cards. The requirements regarding the interoperability between the first and the second generation tachograph systems are specified in this Annex. In this respect, Appendix 15 contains additional details on the management of the co-existence of both generations. In addition, due to the implementation of new functions such as the use of Galileo Open Signal Navigation Messages Authentication, detection of border crossings, entry of load and unload operations, and also to the need to increase the driver card capacity to 56 days of driver activities, this Regulation introduces the technical requirements for the second version of the second generation recording equipment and tachograph cards.’;

(3) section 1, is amended as follows: (a) point (f) is replaced by the following: ‘(f) ‘calibration of a smart tachograph’ means: updating or confirming vehicle parameters to be held in the data memory. Vehicle parameters include vehicle identification (VIN, VRN and registering Member State) and vehicle characteristics (w, k, l, tyre size, speed-limiting device setting (if applicable), current UTC time, current odometer value, by-default load type); during the calibration of a recording equipment, the types and identifiers of all type-approval relevant seals in place shall also be stored in the data memory; any update or confirmation of UTC time only, shall be considered as a time adjustment and not as a calibration, provided it does not contradict requirement 409 set out in point 6.4. calibrating a recording equipment requires the use of a workshop card;’; (b) point (g) is replaced by the following: ‘(g) ‘card number’ means: a 16-alpha-numerical characters number that uniquely identifies a tachograph card within a Member State. The card number includes an identification, which consists in a driver identification, or in a card owner identification together with a card consecutive index, a card replacement index and a card renewal index; a card is therefore uniquely identified by the code of the issuing Member State and the card number;’; (c) points (i) and (j) are replaced by the following: ‘(i) ‘card renewal index’ means: the 16th alpha-numerical character of a card number which is incremented each time a tachograph card corresponding to a given identification, i.e. driver identification or owner identification together with consecutive index, is renewed; (j) ‘card replacement index’ means: the 15^th alpha-numerical character of a card number which is incremented each time a tachograph card corresponding to a given identification, i.e. driver identification or owner identification together with consecutive index, is replaced;’; (d) point (ee) is replaced by the following: ‘(ee) ‘non-valid card’ means: a card detected as faulty, or which authentication failed, or whose start of validity date is not yet reached, or which expiry date has passed; a card is also considered as non-valid by the vehicle unit: — if a card with the same card issuing Member State, the same identification, i.e. driver identification or owner identification together with consecutive index, and a higher renewal index has already been inserted in the vehicle unit, or — if a card with the same card issuing Member State, the same identification, i.e. driver identification or owner identification together with consecutive index and renewal index but with a higher replacement index has already been inserted in the vehicle unit;’; (e) point (ll) is replaced by the following: ‘(ll) ‘remote communication facility’, ‘remote communication module’ or ‘remote early detection facility’ means: the equipment of the vehicle unit which is used to perform targeted roadside checks;’; (f) point (nn) is replaced by the following: ‘(nn) ‘card renewal’ means: issue of a new tachograph card when an existing card reaches its expiry date, or is malfunctioning and has been returned to the issuing authority;’; (g) point (pp) is replaced by the following: ‘(pp) ‘card replacement’ means: issue of a new tachograph card in replacement of an existing card, which has been declared as lost, stolen or malfunctioning and has not been returned to the issuing authority;’; (h) point (tt) is replaced by the following: ‘(tt) ‘time adjustment’ means: an adjustment of current time; this adjustment can be automatic, using the time provided by the GNSS receiver as a reference, or performed in calibration mode;’; (i) in point (yy), the first indent is replaced by the following: ‘- installed and used only in M1 and N1 type vehicles, as defined in Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council (¹),’; (j) point (aaa) is replaced by the following: ‘(aaa) reserved for future use;’; (k) point (ccc) is replaced by the following: ‘(ccc) ‘introduction date’ means: the date set out in Regulation (EU) No 165/2014 as from which vehicles registered for the first time shall be fitted with a tachograph in accordance with this Regulation.’;

(4) point 2.1 is amended as follows: (a) paragraph (5) is replaced by the following: ‘(5) The vehicle unit shall include an ITS interface, which is specified in Appendix 13. The recording equipment may be connected to other facilities through additional interfaces and/or through the ITS interface.’; (b) in paragraph (7), the last subparagraph is replaced by the following: ‘This is done in accordance with the applicable Union legislation regarding data protection and in compliance with Article 7 of Regulation (EU) No 165/2014.’;

(5) point 2.2 is amended as follows: (a) the sixth indent is replaced by the following: ‘- drivers manual entries: — entry of places where daily work periods begin and/or end, — manual entry of driver activities and driver consent for ITS interface, — entry of specific conditions, — entry of load/unload operations,’; (b) the following indents are added ‘— monitoring border crossings, — software update.’;

(6) point 2.3 is amended as follows (a) in paragraph (12), the fifth indent is replaced by the following: ‘- The downloading function is not accessible in the operational mode, except: (a) as provided for in requirement 193, (b) downloading a driver card when no other card type is inserted into the VU.’; (b) paragraph (13) is amended as follows: (i) the second indent is replaced by the following: ‘- in the company mode, driver related data (requirements 102, 105, 108, 133a and 133e) can be output only for periods where no lock exists or no other company holds a lock (as identified by the first 13 digits of the company card number),’; (ii) the fourth indent is replaced by the following: ‘- personal data recorded and produced by either the tachograph or the tachograph cards shall not be output through the ITS interface of the VU unless the consent of the driver to whom the data relates is verified.’;

(7) in point 2.4(14), the fourth indent is replaced by the following: ‘- external GNSS facility (this Profile is only needed and applicable for the external GNSS facility variant).’;

(8) point 3.1 is amended as follows: (a) paragraph (16) is replaced by the following: ‘(16) Upon card insertion (or remote card authentication) the recording equipment shall detect whether the card is a valid tachograph card in accordance with definition (ee) in section 1, and in such a case identify the card type and the card generation. For checking if a card has already been inserted, the recording equipment shall use the tachograph card data stored in its data memory, as set out in requirement 133.’; (b) paragraph (20) is replaced by the following: ‘(20) The withdrawal of tachograph cards may function only when the vehicle is stopped and after the relevant data have been stored on the cards. The withdrawal of the card shall require positive action by the user.’;

(9) point 3.2 is amended as follows: (a) paragraphs (26) and (27) are replaced by the following: ‘(26) To detect manipulation of motion data, information from the motion sensor shall be corroborated by vehicle motion information derived from the GNSS receiver and by other source(s) independent from the motion sensor. At least another independent vehicle motion source shall be inside the VU without the need of an external interface. (27) This function shall measure the position of the vehicle in order to allow for the recording of: — positions where the driver and/or the co-driver begins his daily work period; — positions where the accumulated driving time reaches a multiple of three hours; — positions where the vehicle has crossed the border of a country; — positions where operations of load/unload have been carried out; — positions where the driver and/or the co-driver ends his daily work period.’; (b) in point 3.2.1, the following sentence is added in paragraph (30): ‘The tolerances shall not be used to intentionally alter the distance measured.’; (c) in point 3.2.2, paragraph (33) is replaced by the following: ‘(33) To ensure a maximum tolerance on speed displayed of ± 6 km/h in use, and taking into account: — a ± 2 km/h tolerance for input variations (tyre variations, …), — a ± 1 km/h tolerance in measurements made during installation or periodic inspections, the recording equipment shall, for speeds between 20 and 180 km/h, and for characteristic coefficients of the vehicle between 2 400 and 25 000 imp/km, measure the speed with a tolerance of ± 1 km/h (at constant speed). Note: The resolution of data storage brings an additional tolerance of ± 0,5 km/h to speed stored by the recording equipment.’; (d) in point 3.2.3, paragraph (37) is replaced by the following: ‘(37) The absolute position shall be measured in geographical coordinates of latitude and longitude in degrees and minutes with a resolution of 1/10 of a minute.’;

(10) point 3.3 is amended as follows (a) paragraph (41) is replaced by the following: ‘(41) Time drift shall be ± 1 second per day or less, in temperature conditions in accordance with requirement 213, in the absence of any time adjustment.’; (b) the following paragraphs (41a), (41b) and (41c) are inserted: ‘(41a) Time accuracy when time is adjusted by workshops in accordance with requirement 212 shall be 3 seconds or better. (41b) The vehicle unit shall include a drift counter, which computes the maximal time drift since the last time adjustment in accordance with point 3.23. The maximal time drift shall be defined by the vehicle unit manufacturer and shall not exceed 1 second per day, as set out in requirement 41. (41c) The drift counter shall be reset to 1 second after each time adjustment of the recording equipment in accordance with point 3.23. This includes: — automatic time adjustments, — time adjustments performed in calibration mode.’;