ANNEX I

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

(1)

the Table of Contents is amended as follows:

(a)	point 3.12.5 is replaced by the following: ‘3.12.5. Places and positions where daily work periods begin, end and/or where 3 hours accumulated driving time is reached’;

(b)	point 4.5.3.2.16 is replaced by the following: ‘4.5.3.2.16 Three hours accumulated driving places data’;

(c)	point 4.5.4.2.14 is replaced by the following: ‘4.5.4.2.14 Three hours accumulated driving places data’;

(d)	point 6.2 is replaced by the following: ‘6.2 Check of new or repaired components’;

(2)

point 1 is amended as follows:

(a)

definition (ll) is replaced by the following:

‘(ll)

“remote communication facility” or “remote early detection facility” means:

the equipment of the vehicle unit which is used to perform targeted roadside checks;’;

(b)

definition (tt) is replaced by the following:

‘(tt)

“time adjustment” means:

an adjustment of current time; this adjustment can be automatic at regular intervals, using the time provided by the GNSS receiver as a reference, or performed in calibration mode;’;

(c)

the first dash of definition (yy) is replaced by the following:

‘—	installed and used only in M1 and N1 type vehicles (as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council (*), as last amended),’;

(d)

a new definition (fff) is added:

‘(fff)

“accumulated driving time” means:

a value representing the total accumulated number of minutes of driving of a particular vehicle.

The accumulated driving time value is a free running count of all minutes regarded as DRIVING by the monitoring of driving activities function of the recording equipment, and is only used for triggering the recording of the vehicle position, every time a multiple of three hours of accumulated driving is reached. The accumulation is started at the recording equipment activation. It is not affected by any other condition, like out of scope or ferry/train crossing.

The accumulated driving time value is not intended to be displayed, printed, or downloaded;’;

(3)

in point 2.3, the last indent of paragraph (13) is replaced by the following:

‘—	the vehicle units have a normal operations validity period of 15 years, starting with the vehicle unit certificates effective date, but vehicle units can be used for additional 3 months, for data downloading only.’;

(4)

in point 2.4, the first paragraph is replaced by the following:

‘The system security aims at protecting the data memory in such a way as to prevent unauthorised access to and manipulation of the data and detecting any such attempts, protecting the integrity and authenticity of data exchanged between the motion sensor and the vehicle unit, protecting the integrity and authenticity of data exchanged between the recording equipment and the tachograph cards, protecting the integrity and authenticity of data exchanged between the vehicle unit and the external GNSS facility, if any, protecting the confidentiality, integrity and authenticity of data exchanged through the remote early detection communication for control purposes, and verifying the integrity and authenticity of data downloaded.’;

(5)

in point 3.2, the second dash of paragraph (27) is replaced by the following:

‘—	positions where the accumulated driving time reaches a multiple of three hours;’;

(6)

in point 3.4, paragraph (49) is replaced by the following:

‘(49)

The first change of activity to BREAK/REST or AVAILABILITY arising within 120 seconds of the automatic change to WORK due to the vehicle stop shall be assumed to have happened at the time of vehicle stop (therefore possibly cancelling the change to WORK).’;

(7)

in point 3.6.1, paragraph (59) is replaced by the following:

‘(59)

The driver shall then enter the current place of the vehicle, which shall be considered as a temporary entry.

Under the following conditions temporary entry made at last card withdrawal is validated (i.e. shall not be overwritten anymore):

—	entry of a place where the current daily work period begins during manual entry according to requirement (61);

—	the next entry of a place where the current daily work period begins if the card holder doesn’t enter any place where the work period begins or ended during the manual entry according to requirement (61).

Under the following conditions temporary entry made at last card withdrawal is overwritten and the new value is validated:

—	the next entry of a place where the current daily work period ends if the card holder doesn’t enter any place where the work period begins or ended during the manual input according to requirement (61)’;

(8)

in point 3.6.2, the sixth and seventh dashes are replaced by the following:

‘—	a place where a previous daily work period ended, associated to the relevant time (thus overwriting and validating the entry made at the last card withdrawal),

—	a place where the current daily work period begins, associated to the relevant time (thus validating a temporary entry made at last card withdrawal).’;

(9)

point 3.9.15 is replaced by the following:

‘3.9.15 “Time conflict” event

(86)

This event shall be triggered, while not in calibration mode, when the VU detects a discrepancy of more than 1 minute between the time of the vehicle unit’s time measurement function and the time originating from the GNSS receiver. This event is recorded together with the internal clock value of the vehicle unit and comes together with an automatic time adjustment. After a time conflict event has been triggered, the VU will not generate other time conflict events for the next 12 hours. This event shall not be triggered in cases where no valid GNSS signal was detectable by the GNSS receiver for 30 days or more.’;

(10)

in point 3.9.17, the following dash is added:

‘—	ITS interface fault (if applicable)’;

(11)

point 3.10 is amended as follows:

(i)	the text before the table in paragraph (89) is replaced by the following: ‘The recording equipment shall detect faults through self-tests and built-in-tests, according to the following table:’;

(ii)

The following row is added to the table:

‘ITS interface (optional)

Proper operation’

(12)

the second dash of point 3.12 is replaced by the following:

‘—	the average number of positions per day is defined as at least 6 positions where the daily work period begins, 6 positions when the accumulated driving time reaches a multiple of three hours, and 6 positions where the daily work period ends, so that “365 days” include at least 6570 positions,’;

(13)

point 3.12.5 is amended as follows:

(a)

the heading and paragraph (108) are replaced by the following:

‘3.12.5. Places and positions where daily work periods begin, end and/or where 3 hours accumulated driving time is reached

(108)

The recording equipment shall record and store in its data memory:

—	places and positions where the driver and/or co-driver begins his daily work period;

—	positions where the accumulated driving time reaches a multiple of three hours;

—	places and positions where the driver and/or the co-driver ends his daily work period.’;

(b)

the fourth dash of paragraph (110) is replaced by the following:

‘—	The type of entry (begin, end or 3 hours accumulated driving time),’;

(c)

paragraph (111) is replaced by the following:

‘(111)

The data memory shall be able to hold places and positions where daily work periods begin, end and/or where 3 hours accumulated driving time is reached for at least 365 days’;

(14)

in point 3.12.7, paragraph (116) is replaced by the following:

‘(116)

The recording equipment shall record and store in its data memory the instantaneous speed of the vehicle and the corresponding date and time at every second of at least the last 24 hours that the vehicle has been moving’;

(15)

the table in point 3.12.8 is amended as follows:

(a)

the following item is inserted between the items ‘Absence of position information from GNSS receiver’ and ‘Motion data error’:

‘Communication error with the external GNSS facility

—	the longest event for each of the 10 last days of occurrence,

—	the 5 longest events over the last 365 days.

—	date and time of beginning of event,

—	date and time of end of event,

—	card(s) type, number, issuing Member State and generation of any card inserted at beginning and/or end of the event,

—	number of similar events that day.’

(b)

The item ‘Time conflict’ is replaced by the following:

‘Time conflict

—	the most serious event for each of the 10 last days of occurrence (i.e. the ones with the greatest difference between recording equipment date and time, and GNSS date and time).

—	the 5 most serious events over the last 365 days.

—	recording equipment date and time

—	GNSS date and time,

—	card(s) type, number, issuing Member State and generation of any card inserted at beginning and/or end of the event,

—	number of similar events that day.’

(16)

in point 3.20 paragraph (200) is replaced by the following:

‘(200)

The recording equipment may also be equipped with standardised interfaces allowing the data recorded or produced by tachograph to be used in operational or calibration mode, by an external facility.

In Appendix 13, an optional ITS interface is specified and standardized. Other vehicle unit interfaces may co-exist, provided they fully comply with the requirements of Appendix 13 in term of minimum list of data, security and driver consent.

The driver consent doesn’t apply to data transmitted by the recording equipment to the vehicle network. In case the personal data injected in the vehicle network are further processed outside the vehicle network, it is the responsibility of the vehicle manufacturer to have that personal data process compliant with Regulation (EU) 2016/679 (“General Data Protection Regulation”).

The driver consent doesn’t apply either to tachograph data downloaded to a remote company (requirement 193), as this scenario is monitored by the company card access right.

The following requirements apply to ITS data made available through that interface:

—	these data are a set of selected existing data from the tachograph data dictionary (Appendix 1),

—	a subset of these selected data are marked “personal data”,

—	the subset of “personal data” is only available if the verifiable consent of the driver, accepting his personal data can leave the vehicle network, is enabled,

—	At any moment, the driver consent can be enabled or disabled through commands in the menu, provided the driver card is inserted,

—	the set and subset of data will be broadcasted via Bluetooth wireless protocol in the radius of the vehicle cab, with a refresh rate of 1 minute,

—	the pairing of the external device with the ITS interface will be protected by a dedicated and random PIN of at least 4 digits, recorded in and available through the display of each vehicle unit,

—	in any circumstances, the presence of the ITS interface cannot disturb or affect the correct functioning and the security of the vehicle unit.

Other data may also be output in addition to the set of selected existing data, considered as the minimum list, provided they cannot be considered as personal data.

The recording equipment shall have the capacity to communicate the driver consent status to other platforms in the vehicle network.

When the ignition of the vehicle is ON, these data shall be permanently broadcasted.’;

(17)

in point 3.23, paragraph (211) is replaced by the following:

‘(211)

The time setting of the VU internal clock shall be automatically re-adjusted every 12 hours. When this re-adjustment is not possible because the GNSS signal is not available, the time setting shall be done as soon as the VU can access a valid time provided by GNSS receiver, according to the vehicle ignition conditions. The time reference for the automatic time setting of the VU internal clock shall be derived from the GNSS receiver.’;

(18)

in point 3.26, paragraphs (225) and (226) are replaced by the following:

‘(225)

A descriptive plaque shall be affixed to each separate component of the recording equipment and shall show the following details:

—	name and address of the manufacturer,

—	manufacturer's part number and year of manufacture,

—	serial number,

—	type-approval mark.

(226)

When physical space is not sufficient to show all above mentioned details, the descriptive plaque shall show at least: the manufacturer's name or logo and the part number.’;

(19)	in point 4.1, the drawing corresponding to the front and reverse of the driver card is replaced by the following: ‘ Text of image ‘ ’ ’

(20)

in point 4.5.3.1.8, the first dash in paragraph (263) is replaced by the following:

‘—	Card fault (where this card is the subject of the fault),’;

(21)

in point 4.5.3.2.8, the first dash in paragraph (288) is replaced by the following:

‘—	Card fault (where this card is the subject of the fault),’;

(22)

point 4.5.3.2.16 is replaced by the following:

‘4.5.3.2.16 Three hours accumulated driving places data

(305)

The driver card shall be able to store the following data related to the position of the vehicle where the accumulated driving time reaches a multiple of three hours:

—	the date and time when the accumulated driving time reaches a multiple of three hours,

—	the position of the vehicle,

—	the GNSS accuracy, date and time when the position was determined,

—	the vehicle odometer value.

(306)

The driver card shall be able to store at least 252 such records.’;

(23)

point 4.5.4.2.14 is replaced by the following:

‘4.5.4.2.14 Three hours accumulated driving places data

(353)

The workshop card shall be able to store the following data related to the position of the vehicle where the accumulated driving time reaches a multiple of three hours:

—	the date and time when the accumulated driving time reaches a multiple of three hours,

—	the position of the vehicle,

—	the GNSS accuracy, date and time when the position was determined,

—	the vehicle odometer value.

(354)

The workshop card shall be able to store at least 18 such records’;

(24)

in point 5.2, paragraph (396) is replaced by the following:

‘(396)

The plaque shall bear at least the following details:

—	name, address or trade name of the approved fitter or workshop,

—	characteristic coefficient of the vehicle, in the form “w = … imp/km”,

—	constant of the recording equipment, in the form “k = … imp/km”,

—	effective circumference of the wheel tyres in the form “l = … mm”,

—	tyre size,

—	the date on which the characteristic coefficient of the vehicle and the effective circumference of the wheel tyres were measured,

—	the vehicle identification number,

—	the presence (or not) of an external GNSS facility,

—	the serial number of the external GNSS facility, if applicable,

—	the serial number of the remote communication device, if any,

—	the serial number of all the seals in place,

—	the part of the vehicle where the adaptor, if any, is installed,

—	the part of the vehicle where the motion sensor is installed, if not connected to the gear-box or an adaptor is not being used,

—	a description of the colour of the cable between the adaptor and that part of the vehicle providing its incoming impulses,

—	the serial number of the embedded motion sensor of the adaptor.’;

(25)

point 5.3 is amended as follows:

(a)

a new paragraph (398a) is inserted after paragraph (398):

‘(398a)

The seals mentioned above shall be certified according to the standard EN 16882:2016.’;

(b)

in paragraph (401), the second sub-paragraph is replaced by the following:

‘This unique identification number is defined as: MMNNNNNNNN by non-removable marking, with MM as unique manufacturer identification (database registration to be managed by EC) and NNNNNNNN seal alpha-numeric number, unique in the manufacturer domain.’;

(c)

paragraph (403) is replaced by the following:

‘(403)

Seals manufacturers shall be registered in a dedicated database when they get a seal model certified according to EN 16882:2016 and shall make their identification seals numbers public through a procedure to be established by the European Commission.’;

(d)

paragraph (404) is replaced by the following:

‘(404)

Approved workshops and vehicle manufacturers shall, in the frame of Regulation (EU) No 165/2014, only use seals certified according to EN 16882:2016 from those of the seals manufacturers listed in the database mentioned above.’;

(26)

point 6.2 is replaced by the following:

‘6.2. Check of new or repaired components

(407)

Every individual device, whether new or repaired, shall be checked in respect of its proper operation and the accuracy of its reading and recordings, within the limits laid down in Chapter 3.2.1, 3.2.2, 3.2.3 and 3.3’;

(27)

in point 6.3, paragraph (408) is replaced by the following:

‘(408)

When being fitted to a vehicle, the whole installation (including the recording equipment) shall comply with the provisions relating to maximum tolerances laid down in Chapter 3.2.1, 3.2.2, 3.2.3 and 3.3. The whole installation shall be sealed in accordance with Chapter 5.3 and it shall include a calibration.’;

(28)

point 8.1 is amended as follows

(a)

in point 8.1, the introduction text before paragraph (425) is replaced by the following:

‘For the purpose of this chapter, the words “recording equipment” mean “recording equipment or its components”. No type approval is required for the cable(s) linking the motion sensor to the VU, the external GNSS facility to the VU or the external remote communication facility to the VU. The paper, for use by the recording equipment, shall be considered as a component of the recording equipment.

Any manufacturer may ask for type approval of recording equipment component(s) with any other recording equipment component(s), provided each component complies with the requirements of this annex. Alternately, manufacturers may also ask for type approval of recording equipment.

As described in definition (10) in Article 2 of this Regulation, vehicle units have variants in components assembly. Whatever the vehicle unit components assembly, the external antenna and (if applicable) the antenna splitter connected to the GNSS receiver or to the remote communication facility are not part of the vehicle unit type approval.

Nevertheless, manufacturers having obtained type approval for recording equipment shall maintain a publicly available list of compatible antennas and splitters with each type approved vehicle unit, external GNSS facility and external remote communication facility.’;

(b)

paragraph (427) is replaced by the following:

‘(427)

Member States type approval authorities will not grant a type approval certificate as long as they do not hold:

—	a security certificate (if requested by this Annex),

—	a functional certificate,

—	and an interoperability certificate (if requested by this Annex)

for the recording equipment or the tachograph card, subject of the request for type approval.’;

(29)

Appendix 1 is amended as follows:

(a)

the Table of Content is amended as follows:

(i)	point 2.63 is replaced by the following: ‘2.63 Reserved for future use’;

(ii)	point 2.78 is replaced by the following: ‘2.78 GNSSAccumulatedDriving’;

(iii)

point 2.79 is replaced by the following:

‘2.79 GNSSAccumulatedDrivingRecord’;

(iv)	point 2.111 is replaced by the following: ‘2.111 NoOfGNSSADRecords’;

(v)	point 2.160 is replaced by the following: ‘2.160 Reserved for future use’;

(vi)	point 2.203 is replaced by the following: ‘2.203 VuGNSSADRecord’;

(vii)

point 2.204 is replaced by the following:

‘2.204 VuGNSSADRecordArray’;

(viii)

point 2.230 is replaced by the following:

‘2.230 Reserved for future use’;

(ix)	point 2.231 is replaced by the following: ‘2.231 Reserved for future use’;

(b)

in point 2, the following text is added before point 2.1:

‘For card data types used for Generation 1 and Generation 2 applications, the size specified in this Appendix is the one for Generation 2 application. The size for Generation 1 application is supposed to be already known by the reader. The Annex IC requirement numbers related to such data types cover both Generation 1 and Generation 2 applications.’;

(c)

point 2.19 is replaced by the following:

‘2.19. CardEventData

Generation 1:

Information, stored in a driver or workshop card, related to the events associated with the card holder (Annex IC requirements 260 and 318).

Text of image

CardEventData is a sequence, ordered by ascending value of EventFaultType, of cardEventRecords (except security breach attempts related records which are gathered in the last set of the sequence).

cardEventRecords is a set of event records of a given event type (or category for security breach attempts events).

Generation 2:

Information, stored in a driver or workshop card, related to the events associated with the card holder (Annex IC requirements 285 and 341).

Text of image

CardEventData is a sequence, ordered by ascending value of EventFaultType, of cardEventRecords (except security breach attempts related records which are gathered in the last set of the sequence).

cardEventRecords is a set of event records of a given event type (or category for security breach attempts events).’

(d)

point 2.30 is replaced by the following:

‘2.30. CardRenewalIndex

A card renewal index (definition i)).

Text of image

Value assignment: (see this Annex chapter 7).

“0”	First issue.

Order for increase: “0, …, 9, A, …, Z” ’;

(e)

in point 2.61, the text after the heading Generation 2 is replaced by the following:

‘

Text of image

In addition to generation 1 the following data elements are used:

noOfGNSSADRecords is the number of GNSS accumulated driving records the card can store.

noOfSpecificConditionRecords is the number of specific condition records the card can store.

noOfCardVehicleUnitRecords is the number of vehicle units used records the card can store.’;

(f)	point 2.63 is replaced by the following: ‘2.63. Reserved for future use’;

(g)

in point 2.67, the text under the heading ‘Generation 2’ is replaced by the following:

‘The same values as in generation 1 are used with the following additions:

Text of image

Note 1:

The generation 2 values for the Plaque, Adapter and the External GNSS connection as well as the generation 1 values for the Vehicle Unit and Motion Sensor may be used in SealRecord, i.e. if applicable.

Note 2:

In the CardHolderAuthorisation (CHA) field of a generation 2 certificate, the values (1), (2), and (6) are to be interpreted as indicating a certificate for Mutual Authentication for the respective equipment type. For indicating the respective certificate for creating a digital signature, the values (17), (18) or (19) must be used.’;

(h)

in point 2.70, the text under the heading ‘Generation 2’ is replaced by the following:

‘Generation 2:

General events,

No further details,

Insertion of a non valid card,

Card conflict,

Time overlap,

Driving without an appropriate card,

Card insertion while driving,

Last card session not correctly closed,

Over speeding,

Power supply interruption,

Motion data error,

Vehicle Motion Conflict,

Time conflict (GNSS versus VU internal clock),

Communication error with the remote communication facility,

Absence of position information from GNSS receiver,

Communication error with the external GNSS facility,

RFU,

Vehicle unit related security breach attempt events,

No further details,

Motion sensor authentication failure,

Tachograph card authentication failure,

Unauthorised change of motion sensor,

Card data input integrity error

Stored user data integrity error,

Internal data transfer error,

Unauthorised case opening,

Hardware sabotage,

Tamper detection of GNSS,

External GNSS facility authentication failure,

External GNSS facility certificate expired,

RFU,

Sensor related security breach attempt events,

No further details,

Authentication failure,

Stored data integrity error,

Internal data transfer error,

Unauthorised case opening,

Hardware sabotage,

RFU,

Recording equipment faults,

No further details,

VU internal fault,

Printer fault,

Display fault,

Downloading fault,

Sensor fault,

Internal GNSS receiver,

External GNSS facility,

Remote communication facility,

ITS interface,

RFU,

Card faults,

No further details,

RFU,

RFU,

Manufacturer specific.’;

(i)

Point 2.71 is replaced by the following:

‘2.71. ExtendedSealIdentifier

Generation 2:

The extended seal identifier uniquely identifies a seal (Annex IC requirement 401).

Text of image

manufacturerCode is a code of the manufacturer of the seal.

sealIdentifier is an identifier for the seal which is unique for the manufacturer.’;

(j)

points 2.78 and 2.79 are replaced by the following:

‘2.78 GNSSAccumulatedDriving

Generation 2:

Information, stored in a driver or workshop card, related to the GNSS position of the vehicle if the accumulated driving time reaches a multiple of three hours (Annex IC requirement 306 and 354).

Text of image

gnssADPointerNewestRecord is the index of the last updated GNSS accumulated driving record.

Value assignment is the number corresponding to the numerator of the GNSS accumulated driving record, beginning with '0' for the first occurrence of the GNSS accumulated driving record in the structure.

gnssAccumulatedDrivingRecords is the set of records containing the date and time the accumulated driving reaches a multiple of three hours and information on the position of the vehicle.

2.79. GNSSAccumulatedDrivingRecord

Generation 2:

Information, stored in a driver or workshop card, related to the GNSS position of the vehicle if the accumulated driving time reaches a multiple of three hours (Annex IC requirement 305 and 353)

Text of image

timeStamp is the date and time when the accumulated driving time reaches a multiple of three hours.

gnssPlaceRecord contains information related to the position of the vehicle.

vehicleOdometerValue is the odometer value when the accumulated driving time reaches a multiple of three hours.’;

(k)

point 2.86 is replaced by the following:

‘2.86. KeyIdentifier

A unique identifier of a Public Key used to reference and select the key. It also identifies the holder of the key.

Text of image

The first choice is suitable to reference the public key of a Vehicle Unit, of a tachograph card or of an external GNSS facility.

The second choice is suitable to reference the public key of a Vehicle Unit (in cases where the serial number of the Vehicle Unit cannot be known at certificate generation time).

The third choice is suitable to reference the public key of a Member State.’;

(l)

point 2.92 is replaced by the following:

‘2.92. MAC

Generation 2:

A cryptographic check sum of 8, 12 or 16 bytes length corresponding to the cipher suites specified in Appendix 11.

Text of image ’

(m)	point 2.111 is replaced by the following: ‘2.111. NoOfGNSSADRecords Generation 2: Number of GNSS accumulated driving records a card can store. Text of image NoOfGNSSADRecords ::= INTEGER (0..216-1) Value assignment: see Appendix 2.’;

(n)	in point 2.120, the value assignment ‘16H’ is replaced by the following: ‘ Text of image ’16’HVuGNSSADRecord ’;

(o)	point 2.160 is replaced by the following: ‘2.160. Reserved for future use’;

(p)

point 2.162 is replaced by the following:

‘2.162. TimeReal

Code for a combined date and time field, where the date and time are expressed as seconds past 00h.00m.00s. on 1 January 1970 UTC.

Text of image

Value assignment – Octet aligned: Number of seconds since midnight 1 January 1970 UTC.

The max. possible date/time is in the year 2106.’;

(q)

point 2.179 is replaced by the following:

‘2.179 VuCardRecord

Generation 2:

Information, stored in a vehicle unit, about a tachograph card used (Annex IC requirement 132).

Text of image

cardNumberAndGenerationInformation is the full card number and generation of the card used (data type 2.74).

cardExtendedSerialNumber as read from the file EF_ICC under the MF of the card.

cardStructureVersion as read from the file EF_Application_Identification under the DF_Tachograph_G2.

cardNumber as read from the file EF_Identification under the DF_Tachograph_G2.’;

(r)	points 2.203 and 2.204 are replaced by the following: ‘2.203 VuGNSSADRecord Generation 2: Information, stored in a vehicle unit, related to the GNSS position of the vehicle if the accumulated driving time reaches a multiple of three hours (Annex IC requirement 108, 110).