Commission Implementing Regulation (EU) 2023/980 of 16 May 2023 amending Implementing Regulation (EU) 2016/799 as regards a transitional smart tachograph and its use of the Galileo Open Service Navigation Message Authentication and amending Implementing Regulation (EU) 2021/1228 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/980of 16 May 2023amending Implementing Regulation (EU) 2016/799 as regards a transitional smart tachograph and its use of the Galileo Open Service Navigation Message Authentication and amending Implementing Regulation (EU) 2021/1228(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 transportOJ L 60, 28.2.2014, p. 1., and in particular Article 11 thereof,Whereas:(1)Regulation (EU) No 165/2014 has introduced smart tachographs, which include a connection to the global navigation satellite system ("GNSS").(2)The technical specifications for the construction, testing, installation operation and repair of smart tachographs and their components are set out in Implementing Regulation (EU) 2016/799Commission 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 (OJ L 139, 26.5.2016, p. 1)..(3)Regulation (EU) 2020/1054 of the European Parliament and of the CouncilRegulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (OJ L 249, 31.7.2020, p. 1). introduced new requirements for the smart tachograph, which required amending its technical specifications. Commission Implementing Regulation (EU) 2021/1228Commission 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 (OJ L 273, 30.7.2021, p. 1). therefore amended Regulation (EU) 2016/799 to introduce a second version of the smart tachograph.(4)Implementing Regulation (EU) 2021/1228 introduced the mandatory use of the Galileo Open Service Navigation Message Authentication ("OSNMA") by smart tachographs, to allow the authentication of positions recorded by the tachograph through the use of Galileo Global Navigation Satellite System (GNSS).(5)OSNMA is currently in a public testing phase, with a service declaration expected only after the introduction date of the second version of the smart tachograph in newly-registered vehicles. This makes the type-approval of vehicle units uncertain, as well as the behaviour of second version smart tachographs following a future change in signal-in-space in OSNMA.(6)To ensure harmonised testing and type approval conditions, as well as harmonised behaviours of vehicle units, it is necessary to ensure a common functioning of second version smart tachographs, both before and after the OSNMA service declaration.(7)The initial second version smart tachographs should be type approved on the basis of the OSNMA signal-in-space and cryptographic material available for the public testing phase of the service. In order to ensure that the driver is not disturbed after the change to the operational signal-in-space, these tachographs should ignore OSNMA until they can be updated to fully use the OSNMA service. This creates a transitional period for second version smart tachographs with regards to the use of OSNMA.(8)These transitional tachographs should ensure all the functionalities laid down in Chapter II of Regulation (EU) No 165/2014.(9)It is expected that no changes to the hardware will be needed once the service declaration of OSNMA takes place for the tachograph to function with the operational OSNMA service. It should therefore be possible for the software of a transitional tachograph to be updated to make full use of OSNMA once it is available.(10)In light of future developments regarding the availability and functioning of OSNMA, the feasibility of updating the tachograph in a workshop, or possible manipulation techniques detected against the tachograph in the field, the Commission may re-evaluate whether the technical specifications should be revised, including whether a requirement for the transitional smart tachograph to make full use of its OSNMA capability is necessary.(11)Sufficient time should be given to the industry to implement the transitional measures. The request for type approval of transitional tachographs should therefore be possible until at least 31 December 2023. It should also be possible to continue to install transitional tachographs for a limited period of time after the OSNMA Service Declaration.(12)Enforcement authorities should be able to recognise, once the transitional period has ended, whether the smart tachograph installed is fitted with a software version that allows it to make use of Galileo OSNMA.(13)The current date of application laid out in Article 2 of Implementing Regulation (EU) 2021/1228 prevents type-approval authorities from granting type-approval to equipment pursuant to Implementing Regulation (EU) 2016/799 in accordance with the amendments laid down in Implementing Regulation (EU) 2021/1228 before 21 August 2023. However, pursuant to articles 8(1) and 11 of Regulation (EU) No 165/2014, from that date vehicles registered for the first time in a Member State are to be equipped with the new version of the smart tachograph. Implementing Regulation (EU) 2021/1228 should therefore be amended to allow type-approval to be granted as soon as this Regulation enters into force.(14)The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 42(1) of Regulation (EU) No 165/2014,HAS ADOPTED THIS REGULATION: