Commission Delegated Directive (EU) 2024/846of 14 March 2024amending Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities

Commission Delegated Directive (EU) 2024/846 of 14 March 2024 amending Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC OJ L 102, 11.4.2006, p. 35. , and in particular Article 9(3) thereof, Whereas: (1) Under Article 9(1) of Directive 2006/22/EC, Member States should introduce a risk rating system for undertakings based on the relative number and gravity of any infringement of 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). or of 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). or of national provisions transposing Directive 2002/15/EC of the European Parliament and of the Council Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35). that an individual undertaking has committed. (2) In accordance with Article 9(3) of Directive 2006/22/EC, a list of infringements of Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014 and their weighting of gravity is set out in Annex III of that Directive. (3) With a view to establishing or updating the weighting of gravity of infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014, the Commission is empowered to adopt delegated acts in accordance with Article 15a of Directive 2006/22/EC to amend Annex III to take account of regulatory developments and road safety considerations. (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. Annex III of Directive 2006/22/EC should be amended to include these new infringements. (5) The category for the most serious infringements should include those in which failure to comply with the relevant provisions of Regulations (EC) No 561/2006 and (EU) No 165/2014 creates a serious risk of death or serious personal injury, HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex III to Directive 2006/22/EC is replaced by the text in the Annex to this Directive.

Article 2

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 14 February 2025 at the latest. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

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

Article 4

Addressees This Directive is addressed to the Member States. Done at Brussels, 14 March 2024. For the Commission The President Ursula von der Leyen

Annex

ANNEX Annex III to Directive 2006/22/EC is replaced by the following:

Annex

ANNEX III

1. Groups of infringements against Regulation of the European Parliament and of the Council (EC) No 561/2006 (Driving and resting time) 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). NoEU LEGAL BASISTYPE OF INFRINGEMENTLEVEL OF SERIOUSNESSMSIVSISIMIACrewA1Article 5.1Not respecting minimum ages for conductorsXBDriving periodsB1Article 6.1Exceed daily driving time of 9h if possibilities to extend to 10h not allowed9h < … < 10hXB210h ≤ … < 11hXB311h ≤ …XB4Exceed daily driving time of 9h by 50 % or more13h30 ≤ …XB5Exceed extended daily driving time of 10h if extension allowed10h < … < 11hXB611h ≤ … < 12hXB712h ≤ …XB8Exceed daily driving time of 10h by 50 % or more15h ≤ …XB9Article 6.2Exceed weekly driving time56h < … < 60hXB1060h ≤ … < 65hXB1165h ≤ … < 70hXB12Exceed weekly driving time by 25 % or more70h ≤ …XB13Article 6.3Exceed maximum total driving time during 2 consecutive weeks90h < … < 100hXB14100h ≤ … < 105hXB15105h ≤ … < 112h30XB16Exceed maximum total driving time during 2 consecutive weeks by 25 % or more112h30 ≤ …X

CBreaksC1Article 7Exceed uninterrupted driving time of 4,5 hours before taking the break4h30 < … < 5hXC25h ≤ … < 6hXC36h ≤ …XDRest PeriodsD1Article 8.2Insufficient daily rest period of less than 11h if reduced daily rest period not allowed10h ≤ … < 11hXD28h30 ≤ … < 10hXD3… < 8h30XD4Insufficient reduced daily rest period of less than 9h if reduce allowed8h ≤ … < 9hXD57h ≤ … < 8hXD6… < 7hXD7Insufficient split daily rest period of less than 3h + 9h3h + [8h ≤ … < 9h]XD83h + [7h ≤ … < 8h]XD93h + [… < 7h]XD10Article 8.5Insufficient daily rest period of less than 9h for multi-manning8h ≤ … < 9hXD117h ≤ … < 8hXD12… < 7hXD13Article 8.6Insufficient reduced weekly resting period of less than 24 h22h ≤ … < 24hXD1420h ≤ … < 22hXD15… < 20hXD16Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed42h ≤ … < 45hXD1736h ≤ … < 42hXD18… < 36hXD19Article 8.6Exceeding 6 consecutive 24-hour periods following the previous weekly rest period… < 3hXD203h ≤ … < 12hXD2112h ≤ …XD22Article 8.6bNo compensation for two consecutive reduced weekly rest periodsXD23Article 8.8Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicleX D24Article 8.8The employer not covering any costs for accommodation outside the vehicleXE12-day rule derogationE1Article8.6a.Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest… < 3hXE23h ≤ … < 12hXE312h ≤ …XE4Article8.6a. (b)(ii)Weekly rest period taken following 12 consecutive 24-hour periods67h <…<69hXE565h < … ≤ 67hXE6… ≤ 65hXE7Article8.6a. (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 hXE84,5 h ≤ …XFWork organisationF1Article 8.8aTransport 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 residenceXF2Article. 10.1Link between wage/payment and distance travelled, speed of delivery and/or amount of goods carriedXF3Article. 10.2No or improper organisation of driver's work, no or improper instructions given to driver enabling him to comply with the lawX 2. Groups of infringements against Regulation (EU) No 165/2014 of the European Parliament and of the Council (Tachograph) 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). NoLEGAL BASISTYPE OF INFRINGEMENTLEVEL OF SERIOUSNESSMSIVSISIGInstallation of tachographG1Articles 3(1), (4), (4a) and Article 22Not having type-approved tachograph installed and usedXHUse of tachograph, driver card or record sheetH1.Article 23(1)Using a tachograph not inspected by an approved workshopXH2.Article 27Driver holding and/or using more than one own driver cardXH3Driving with a driver card that has been falsified (considered as driving without driver card)XH4.Driving with a driver card of which the driver is not the holder (considered as driving without driver card)XH5.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)X

H6Article 32(1)Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed)XH7Article 32(1) and Article 33(1)Tachograph improperly used (e.g.: deliberate, voluntary or imposed misuse, lack of instructions on correct use, etc.)XH8.Article 32(3)Having in the vehicle and/or using a fraudulent device able to modify the records of the tachographXH9Falsifying, concealing, supressing or destroying data recorded on the record sheets or stored and downloaded from the tachograph and/or the driver cardXH10Article 33(2)Undertaking not keeping record sheets, printouts and downloaded dataXH11Recorded and stored data not available for at least a yearXH12Article 34(1)Incorrect use of record sheets/driver cardXH13Unauthorised withdrawal of record sheets or driver card which has an impact on the record of relevant dataXH14Record sheet or driver card used to cover a period longer than that for which it is intended and data is lostXH15.Article 34(2)Use dirty or damaged record sheets or driver card and data not legibleXH16Article 34(3)Not using manual input when required to do soXH17.Article 34(4)Not using correct record sheet or driver card not in the correct slot (multi-manning)XH18Article 34(5)Incorrect use of switch mechanismXIProducing informationI1.Article 34(5), point (b)(v)Incorrect use or non-use of the ferry/train signXI2Article 34(6)Required information not entered on the record sheetXI3.Article 34(7)Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working periodXI4Article 34(7)Records not showing the symbols of the countries where the driver’s daily working period started and finishedXI5.Article 36Refusing to be checkedXI6Article 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) XI7Article 36Unable to produce a driver card, if the driver holds oneXJMalfunctioningJ1.Article 37(1) and Article 22(1)Tachograph not repaired by an approved fitter or workshopXJ2Article 37(2)Driver not marking all required information for the periods of time, which are no longer recorded while tachograph is unserviceable or malfunctioningX