Explanatory Memorandum to COM(2023)522 - EU position in the Specialised Committee on Road Transport established by the Trade and Cooperation Agreement with the United Kingdom on the adaptation of technical specifications of the smart tachograph 2 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)522 - EU position in the Specialised Committee on Road Transport established by the Trade and Cooperation Agreement with the ... |
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| source | COM(2023)522 |
| date | 13-09-2023 |
1. Subject matter of the proposal
The Commission proposes that the Council establishes the position to be taken on the Union's behalf in the Specialised Committee on Road Transport, established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (‘the Trade and Cooperation Agreement’), as regards the use of smart tachographs and the adaptation of technical specifications for the smart tachograph 2
2. Context of the proposal
2.1. The Specialised Committee on Road Transport of the Agreement
The Specialised Committee on Road Transport is a body established under point (o) of Article 8(1), of the Trade and Cooperation AgreementPursuant to the fourth indent of point (h) of Article 2(2) of Section 4 of Part B of Annex 31 of that Agreement, the Specialised Committee on Road Transport is empowered to adopt a decision regarding the adaptation of technical specifications for smart tachographs for the purpose of implementing this Agreement (‘the envisaged decision’).
2.2. The envisaged decision of the Specialised Committee on Road Transport
The main purpose of the envisaged decision is to adapt technical specifications of the smart tachograph 2. The detailed techinical specifications of the smart tachograph 2 have been laid down in the Union by Commission Implementing Regulation (EU) 2021/12281, which entered into force on 19 August 2021. That Regulation amended Annex IC of Commission Implementing Regulation (EU) 2016/7992, which was also further amended by Implementing Regulations (EU) 2023/9803.
The Trade and Cooperation Agreement defines the smart tachograph 2 in point (h) of Article 2(2) of Section 4 of Part B of its Annex 31. That definition makes reference, among other criteria, to the adaptation of Union technical specifications for the purpose of implementing the Agreement. It is therefore necessary to adapt Annex IC as amended by Implementing Regulations (EU) 2021/1228 and (EU) 2023/980 through a decision of the Specialised Committee on Road Transport, under the fourth indent of point (h) of Article 2(2) of Section 4 of Part B of its Annex 31.
From the moment the adaptation becomes applicable, the obligation to use the smart tachograph 2 in accordance with the adapted detailed technical specifications will apply immediately to all vehicles registered after two years from the entry into force of Commission Implementing Regulation (EU) 2021/1228. Because the envisaged decision will be adopted after August 2023, it is appropriate to defer its date of application to ensure adequate time before the adapted specifications apply. It is also noted that provisions under domestic law in both the European Union and the United Kingdom already require that after 21 August 2023 newly-registered vehicles undertaking international journeys are equipped with smart tachograph ensuring automatic recording of the border crossing, recording of loading and unloading activities and recording whether the vehicle is used for carriage of goods or passengers.
3. Position to be taken on the Union's behalf
The position of the Union should therefore be to support the adoption of a decision by the Specialised Committee on Road Transport, in line with the draft decision attached to this proposal.4. Legal basis
4.1. Procedural legal basis
4.1.1. Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for Council decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The decision, which the Specialised Committee on Road Transport is called upon to adopt, constitutes an act having legal effects. The envisaged act does not supplement or amend the institutional framework of the Trade and Cooperation Agreement. Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
5. Publication of the envisaged act
The decision of the Specialised Committee on Road Transport should be published in the Official Journal of the European Union after its adoption.