Commission Implementing Regulation (EU) 2022/694 of 2 May 2022 amending Regulation (EU) 2016/403 as regards new serious infringements of the Union rules which may lead to the loss of good repute by the road transport operator

Commission Implementing Regulation (EU) 2022/694 of 2 May 2022 amending Regulation (EU) 2016/403 as regards new serious infringements of the Union rules which may lead to the loss of good repute by the road transport operator THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC OJ L 300, 14.11.2009, p. 51. , and in particular Article 6(2a) thereof, Whereas: (1) Regulation (EC) No 1071/2009 has been amended by Regulation (EU) 2020/1055 of the European Parliament and of the Council Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector (OJ L 249, 31.7.2020, p. 17). which added new serious infringements with regard to the law applicable to contractual obligations, cabotage and posting of workers in road transport to the list of infringements that may lead to the loss of good repute set out in Article 3(1), point (b), of Regulation (EC) No 1071/2009. (2) Regulation (EU) 2020/1055 also introduced an additional criterion to be taken into account by the Commission when defining the degree of seriousness of serious infringements, by adding the reference to the risk to distort competition in the road transport market. (3) Regulation (EU) 2020/1055 also amended Regulation (EC) No 1071/2009 in order to provide that, when establishing the frequency of occurrence beyond which repeated infringements are to be regarded as more serious, the Commission should take into account the number of vehicles, and not the number of drivers, used for the transport activities. (4) Regulation (EU) 2020/1054 of the European Parliament and of the Council Regulation (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 provisions as regards infringements leading to risks of serious injuries or fatalities or distortion of competition in the road transport market. Those infringements should be added to the list of serious infringements of the Union rules referred to in Article 6(1), third subparagraph, point (b), of Regulation (EC) No 1071/2009, which may affect good repute of the road transport undertaking or the transport manager. (5) Therefore, Commission Regulation (EU) 2016/403 Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (OJ L 74, 19.3.2016, p. 8).

should be amended to include the new infringements and take into account the new criteria for defining their level of seriousness and frequency of occurrence. (6) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Road Transport, HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 2016/403 is amended as follows: (1) Annex I is amended in accordance with Annex I to this Regulation; (2) Annex II is replaced by the text in Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 May 2022. For the Commission The President Ursula von der Leyen

Annex

ANNEX I Annex I to Regulation (EU) 2016/403 is amended as follows: (1) the introductory paragraphs and Section 1 are replaced by the following: Categorisation of serious infringements (referred to in Article 1) The following tables contain categories and types of serious infringements against the Union rules in commercial road transport, divided into three categories of seriousness according to their potential to create a risk of fatalities or serious injuries and/or of distorting competition in the road transport market.

1. Groups of infringements against Regulation (EC) No 561/2006 of the European Parliament and of the Council Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).; (Driving and resting time) MSI = most serious infringements / VSI = very serious infringement / SI = serious infringement. NoLEGAL BASISTYPE OF INFRINGEMENTLEVEL OF SERIOUSNESSMSIVSISICrew1.Article 5(1)Not respecting minimum ages for conductorsXDriving periods2.Article 6(1)Exceed daily driving time of 9h if possibilities to extend to 10h not allowed10h ≤ … < 11hX3.11h ≤ …X4.Exceed daily driving time of 9h by 50 % or more13h30 ≤ …X5.Exceed extended daily driving time of 10h if extension allowed11h ≤ … < 12hX6.12h ≤ …X7.Exceed daily driving time of 10h by 50 % or more15h ≤ …X8.Article 6(2)Exceed weekly driving time60h ≤ … < 65hX9.65h ≤ … < 70hX10.Exceed weekly driving time by 25 % or more70h ≤ …X11.Article 6(3)Exceed maximum total driving time during 2 consecutive weeks100h ≤ … < 105hX12.105h ≤ … < 112h30X13.Exceed maximum total driving time during 2 consecutive weeks by 25 % or more112h30 ≤ …XBreaks14.Article 7Exceed uninterrupted driving time of 4,5 hours before taking the break5h ≤ … < 6hX15.6h ≤ …X Rest Periods16.Article 8(2)Insufficient daily rest period of less than 11h if reduced daily rest period not allowed8h30 ≤ … < 10hX17.… < 8h30X18.Insufficient reduced daily rest period of less than 9h if reduce allowed7h ≤ … < 8hX19.… < 7hX20.Insufficient split daily rest period of less than 3h + 9h3h + [7h ≤ … < 8h]X21.3h + [… < 7h]X22.Article 8(5)Insufficient daily rest period of less than 9h for multi-manning7h ≤ … < 8hX23.… < 7hX24.Article 8(6)Insufficient reduced weekly resting period of less than 24 h20h ≤ … < 22hX25.… < 20hX26.Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed36h ≤ … < 42hX27.… < 36hX28.Article 8(6)Exceeding 6 consecutive 24-hour periods following the previous weekly rest period3h ≤ … < 12hX29.12h ≤ …X30.Article 8(6b)No compensation rest for two consecutive reduced weekly rest periodsX31.Article 8(8)Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicleX32.Article 8(8)The employer not covering costs for accommodation outside the vehicleX12-day rule derogation33.Article 8(6a)Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest3h ≤ … < 12hX34.12h ≤ …X35.Article 8(6a), Point (b)(ii)Weekly rest period taken following 12 consecutive 24-hour periods65h < … ≤ 67hX36.… ≤ 65hX37.Article 8(6a), point (d)Driving period, between 22.00 and 6.00, of more than 3 hours before the break, if the vehicle is not multi-manned3h < … < 4,5 hX38.4,5 h ≤ …XWork organisation39.Article 8(8a)Transport undertaking not organising the work of drivers in such a way that the drivers are able to return to the employer’s operational centre, or to return to the drivers’ place of residenceX

40.Article 10(1)Link between wage/payment and distance travelled, speed of delivery and/or amount of goods carriedX41.Article 10(2)No or improper organisation of driver’s work, no or improper instructions given to driver enabling him to comply with the lawX (2) Section 2 is replaced by the following: 2. Groups of infringements against Regulation (EU) No 165/2014 of the European Parliament and of the Council Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).; (Tachograph) NoLEGAL BASISTYPE OF INFRINGEMENTLEVEL OF SERIOUSNESSMSIVSISIInstallation of tachograph1.Articles 3(1), (4), (4a) and Article 22Not having type-approved tachograph installed and usedXUse of tachograph, driver card or record sheet2.Article 23(1)Using a tachograph not inspected by an approved workshopX3.Article 27Driver holding and/or using more than one own driver cardX4.Driving with a driver card that has been falsified (considered as driving without driver card)X5.Driving with a driver card of which the driver is not the holder (considered as driving without driver card)X6.Driving with a driver card which has been obtained on the basis of false declarations and/or forged documents (considered as driving without driver card)X7.Article 32(1)Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed)X8.Article 32(1) and Article 33(1)Tachograph improperly used (e.g.: deliberate, voluntary or imposed misuse, lack of instructions on correct use, etc.)X9.Article 32(3)Having in the vehicle and/or using a fraudulent device able to modify the records of the tachographX 10.Falsifying, concealing, supressing or destroying data recorded on the record sheets or stored and downloaded from the tachograph and/or the driver cardX11.Article 33(2)Undertaking not keeping record sheets, printouts and downloaded dataX12.Recorded and stored data not available for at least a yearX13.Article 34(1)Incorrect use of record sheets/driver cardX14.Unauthorised withdrawal of record sheets or driver card which has an impact on the record of relevant dataX15.Article 34(1a)Record sheet or driver card used to cover a period longer than that for which it is intended and data is lostX16.Article 34(2)Use dirty or damaged record sheets or drivers card and data not legibleX17.Article 34(3)Not using manual input when required to do soX18.Article 34(4)Not using correct record sheet or driver card not in the correct slot (multi-manning)X19.Article 34(5)Incorrect use of switch mechanismXProducing information20.Article 34(5), point (b)(v)Incorrect use or non-use of the ferry/train signX21.Article 34(6)Required information not entered on the record sheetX22.Article 34(7)Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working periodX23.Article 34(7)Records not showing the symbols of the countries where the driver’s daily working period started and finishedX24.Article 36Refusing to be checkedX25.Article 36

Unable to produce manual records and printouts made during the current day and the previous 28 days (until 30 December 2024) Unable to produce manual records and printouts made during the current day and the previous 56 days (as of 31 December 2024) X26.Article 36Unable to produce a driver card, if the driver holds oneX Malfunctioning27.Article 37(1) and Article 22(1)Tachograph not repaired by an approved fitter or workshopX28.Article 37(2)Driver not marking all required information for the periods of time, which are no longer recorded while tachograph is unserviceable or malfunctioningX (3) Section 6 is replaced by the following: 6. Groups of infringement against Council Directive 92/6/EEC Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27); (Speed limitation devices) NoLEGAL BASISTYPE OF INFRINGEMENTLEVEL OF SERIOUSNESSMSIVSISI1.Article 2 and 3Speed limitation device not fittedX2.Article 5Speed limitation device not satisfying the applicable technical requirementsX3.Article 5Speed limitation device not fitted by an approved workshopX4.Having and/or using a fraudulent device able to falsify data of speed limitation device or having and/or using a fraudulent speed limitation deviceX (4) Section 10 is replaced by the following: 10. Groups of infringements against Regulation (EC) No 1072/2009 of the European Parliament and of the Council Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p.72).; (Access to the international road haulage market) NoLEGAL BASISTYPE OF INFRINGEMENTLEVEL OF SERIOUSNESSMSIVSISICommunity licence1.Article 3 and Article 8(1)Carrying goods without holding a valid Community licence (i.e.: a licence is non-existent, falsified, withdrawn, expired, etc.)X 2.Article 4The haulage undertaking or the driver unable to present a valid Community licence or a valid certified true copy of the Community licence to the inspecting officer (i.e.: Community licence or certified true copy of the Community licence lost, forgotten, damaged, etc.)XDriver attestation3.Article 3 and Article 8(1)Carrying goods without holding a valid driver attestation (i.e. driver’s attestation is non-existent, falsified; withdrawn, expired, etc.)X4.Article 5The driver or the haulage undertaking unable to present a valid driver attestation or a valid certified true copy of the driver attestation to the inspecting officer (i.e. driver attestation or certified true copy of the driver attestation lost, forgotten, damaged, etc.)XCabotage5.Article 8(2)Carrying out a cabotage operation not in compliance with the laws, regulations and administrative provisions in force in the host Member StateX6.Article 8(2a)Carrying out cabotage operations in the same Member State within 4 days following the end of the last legitimate cabotage operation in that Member StateX7.Article 8(3) and (4)The haulier being unable to produce clear evidence of the preceding international carriage and/or of each consecutive cabotage operation carried out, and/or of all operations carried out in cases where the vehicle is present in the host Member State within the period of 4 days preceding the international carriage, and to present these evidences within the duration of the roadside check.X

(5) Section 11 is replaced by the following: 11. Groups of infringements against Regulation (EC) No 1073/2009 of the European Parliament and of the Council Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).; (Access to the market for coach and bus services) NoLEGAL BASISTYPE OF INFRINGEMENTLEVEL OF SERIOUSNESSMSIVSISICommunity licence1.Article 4Carrying passengers without holding a valid Community licence (i.e.: a licence is non-existent, falsified, withdrawn, expired, etc.)X 2.Article 4(3)The carrier or the driver unable to present a valid Community licence or a valid certified true copy of the Community licence to the inspecting officer (i.e. licence or certified true copy lost, forgotten, damaged, etc.)XAuthorisation for regular services3.Articles 5 and 6Regular services without a valid authorisation (i.e.: authorisation is non-existent, falsified, withdrawn, expired, misused, etc.)X4.Article 19The driver unable to present the authorisation to the inspecting officer (i.e. authorisation is lost, forgotten, damaged, etc.)X5.Articles 5 and 6Stops of regular services in a Member State do not correspond to the issued authorisationXJourney form for occasional services and other services exempt from authorisation6.Article 12Driving without holding a required journey form (i.e. journey form is non-existent, falsified, not containing the required information, etc.)XRules applicable to cabotage operations7.Article 16Carrying out a cabotage operation not in compliance with the laws, regulations and administrative provisions in force in the host Member StateX8.Article 17Not having on board the vehicle or not being able to present at the request of any authorised inspecting officer the control documents for cabotage operations (journey form for occasional services, or the contract concluded between the carrier and the transport organiser or a certified true copy thereof in the case of special regular services)X (6) the following Sections 13 and 14 are added: 13. Infringement against Regulation (EC) No 593/2008 of the European Parliament and of the Council Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (OJ L 177, 4.7.2008, p. 6). (Rome I) (law applicable to contractual obligations) NoLEGAL BASISTYPE OF INFRINGEMENTLEVEL OF SERIOUSNESSMSIVSISI1.Rome IViolation of the law applicable to contractual obligationsX 14. Groups of infringements against Directive (EU) No 2020/1057 of the European Parliament and of the Council Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (OJ L 249, 31.7.2020, p. 49)..

(posting of workers in road transport) NoLEGAL BASISTYPE OF INFRINGEMENTLEVEL OF SERIOUSNESSMSIVSISI1.Article 1(11), point (a)Incomplete information on the posting declarationX2.Article 1(11), point (a)Failure to submit a posting declaration to the Member State to which the driver is posted no later than at the commencement of the postingX3.Article 1(11), point (b)Falsified posting declaration for driversX4.Article 1(11), point (b)Impossibility of the driver to present a valid posting declarationX5.Article 1(11), point (b)Failure to put at the disposal of the driver a valid posting declarationX6.Article 1(11), point (c)Failure to submit the requested documents to the host Member State within eight weeks from the date of the requestX7.Article 1(12)Failure of the operator to keep the posting declarations up to date in the public interface connected to IMIX

Annex

ANNEX II .

Annex

ANNEX II Frequency of occurrence of serious infringements

1. The serious (SI) and very serious (VSI) infringements listed in Annex I, when committed repeatedly shall be regarded as more serious by the competent authority of a Member State of establishment. When calculating the frequency of occurrence of repeated infringements Member States shall take into account the following factors: (a) seriousness of infringement (SI or VSI); (b) time (at least one rolling year from the date of a control); (c) number of vehicles used for the transport activities managed by the transport manager (average per year)
2. Taking into account the potential of creating a risk to road safety the maximum frequency of serious infringements beyond which they should be considered as more serious shall be established as follows: 3 SI/per vehicle/per year = 1 VSI 3 VSI/per vehicle/per year = launch of a national procedure on good repute
3. The number of infringements per vehicle per year is an average figure calculated by dividing the total number of all infringements of the same level of seriousness (SI or VSI) by the average number of vehicles used during the year. The frequency formula provides for a maximum threshold for occurrence of serious infringements beyond which they shall be considered more serious. Member States may establish stricter thresholds if envisaged in their national administrative procedure for assessing good repute