Proposal for Implementation of a Fleet Management

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					  PROJECT PROPOSAL

IMPLEMENTATION OF THE

 DIGITAL TACHOGRAPH




     SNRA


            Submitted on June 3, 2002
            Revised on July 3, 2002
                                        TECHNICAL ANNEX




The purpose of the project is to implement the objectives that both the European Commission
and the Council of Ministers decided to reach at the time they decided to introduce a digital
tachograph :

         “improve the enforcement of, and compliance with, social legislation relating to road
         transport, as laid down in Council Regulation (EEC) 3820/85”.1

It is also to ensure that the digital tachograph will be efficiently and correctly implemented by
the Member States, as this implementation is a challenge without any equivalent in the history
of the national administrations involved in this process.

The activities to be carried out are presented as follows :


I – Introduction                                                                    page 3

         I-1 : A digital tachograph to improve enforcement                          page 3
         I-2 : Improving enforcement will be possible only if Regulation (EC)       page 4
               n° 2135/98 is efficiently implemented


II – The legal framework                                                            page 5

         II-1 : Regulation (EEC) n° 3820/85                                         page 6
         II-2 : Regulation (EEC) n° 3821/85                                         page 6
         II-3 : Regulation (EC) n° 2135/98                                          page 7
         II-4 : Directive n° 88/599/EEC                                             page 7


III – The political context and the objectives of the project                       page 7


IV – The actions to be undertaken                                                   page 8

         IV – 1 : Enforcement and digital tachograph                                page 8

               IV - 1 - 1 : Enforcement and tachograph cards                        page 9
               IV - 1 - 2 : Electronic data, print-outs, paper discs and any        page 9
                            other documents
               IV - 1 - 3 : Downloading and company checks                          page 9

         IV – 2 : The implementation of the digital tachograph                      page11

1
    Explanatory Memorandum of the European Commission, COM (94) 323 final, page 1


                                                    1
          IV-2-1 : Criteria to approve workshops                             page11
          IV-2-2 : Decommissioning of the digital tachograph                 page12
          IV-2-3 : Data management                                           page13
          IV-2-4 : Type approval                                             page14
          IV-2-5 : Calibration/activation                                    page15
          IV-2-6 : Security                                                  page16
          IV-2-7 : Any other items and exchange of information               page18

V – The methodology                                                          page 19

     V-1 : The Joint Steering Committee                                      page 21
     V-2 : The Plenary                                                       page 21
     V-3 : The Working Groups                                                page 21
     V-4 : The European Commission                                           page 22
     V-5 : Consultation of industry and social partners                      page 22
     V-6 : Working language                                                  page 23
     V-7 : Deliverables                                                      page 23

VI - Time schedule and deadlines                                             page 24

Appendixes                                                                   page 26

      1 : Company checks and downloading                                     page 27
      2 : Life cycle of the digital tachograph and implementation             page 35
      3 : Methodology to follow to run in parallel the work performed
          in the framework on this project and the one run on card issuing   page 39
      4 : Overview of the tasks to be done in the project                    page 41
      5 : Overview of the implementation of the digital tachograph
         by the Member States                                                page 45
      6 : Explanations about the budget                                      page 47
      7 : Brief presentation of the subcontractors and of their tasks        page 52




                                             2
I - Introduction

The Commission made very clear in its initial proposal to the Council of Ministers that the
Union‟s social legislation set limits on periods of driving, and requirements for rest periods,
but that these periods are currently difficult to enforce. Moreover and particularly in the
current depressed haulage market, there are strong economic pressures on drivers and
operators to exceed the statutory limits on driving periods.


        I-1 : A digital tachograph to improve enforcement

As the former Commission‟s White Paper on the “Future Development of the Common
Transport Policy”2 recognised, “there is evidence that observance with (Community) rules is
far from adequate even in those States where controls are relatively strict”.

The risk of arrest and prosecution of offenders is currently too low to deter these illegal
practises, which create a distortion of competition between those who flout the law and those
operators and drivers who work within it.

Many years of practical experience have highlighted two main deficiencies with the
mechanical tachograph. Firstly, there exists the potential for fraudulent manipulation of the
system and, thereby, fabrication of the required output data. Secondly, the existing system‟s
output, in the form of a paper disc, is time-consuming to read and to collate and, thus, does
not lend itself to a comprehensive audit by enforcement authorities of operator‟s records, at
their premises. The difficulty of carrying out a comprehensive audit of compliance with the
regulations, encourages fraudulent operators to bypass the system.

Again quoted from the former White Paper, "in order to know whether someone can drive
lawfully, it may necessary to consult records going back seven days or even longer.
Interpretation of the tachograph discs needs therefore considerable expertise and experience.
This lack of immediate transparency contributes to temptations to manipulate the system".

This situation is still the same today and the European Commission confirmed in its recent
White Paper (“European transport policy for 2010 : time to decide”)3 that :

        “EU regulations on road transport, particularly on working conditions, are not only
        insufficient ; they are also, and above all, extremely poorly enforced. This laxity in
        enforcing the regulations creates problems”.

The European Commission is nevertheless promoting for years harmonisation in the
enforcement of social regulations.

The Council supported its efforts, notably in the Directive n° 88/599/EEC, when it declared
that :

        “Whereas proper application of the social regulations in road transport requires
        uniform and effective checking by Member States ;

2
    COM (92) 494, 2 December 1992
3
    COM (2001) 0370, 12 March 2001, see pages 26 and 27


                                                     3
     Whereas it is necessary to introduce minimum requirements to check compliance with
     the relevant provisions in order to reduce and prevent infringements ;

     […]

     Whereas effective and efficient control throughout the Community will require the
     exchange of information on, and mutual assistance in, the enforcement of the
     regulations in Member States ;

     […]

     Whereas uniform application of the social regulations on road transport is necessary to
     avoid distortions of competition between transport undertakings as well as to promote
     road safety and social progress”.

Recently, the European Commission has also fixed some objectives in its White Paper, for
enforcement, saying that :

     “New technologies will have an important role to play in this context. The introduction,
     by the end of 2003, of the digital tachograph, a device to record data such as speed and
     driving time over a longer period than is possible with the mechanical tachograph of
     today, will bring significant improvements in monitoring, with better protection of the
     recorded data than is offered by the current equipment, and greater reliability”.

Consequently, going back to the initial objectives as they are expressed by the European
Commission and by the Member States for years, it is clear that the first objective of the
introduction of the digital tachograph consists in improving enforcement.

But the digital tachograph is not the panacea and enforcement will not be improved
simply because it is introduced on the field. The tachograph is nothing more than a
control device and the real success of the Regulation (EC) n° 2135/98 will be measured
in terms of improvement of the efficiency of the controls performed as well as in terms
of harmonisation of the control practises based on this digital tachograph.

The project will consequently deal with the uniformity of these control practises.


     I-2 : Improving enforcement will be possible only if Regulation (EC) n° 2135/98
           is efficiently implemented

The situation the European Commission addressed in its two last White Papers did not change
these last years. Drivers as well as operators are still working under the same economic
pressure and are still very much tempted to flout the system.

The Council Regulation (EC) n° 2135/98, introducing the digital tachograph, states indeed in
its second recital that :

     “Whereas experience has shown that the economic pressures and competition in road
     transport have led some drivers employed by road haulage companies to flout certain



                                               4
        rules, particularly those concerning the driving and rest times laid down in Council
        Regulation (EEC) n° 3820/85 […]”.4

The Member States, do believe that the introduction of a digital tachograph could help to
better enforce the Regulations n° (EEC) 3820/85 and 3821/85, although they do consider that
a lot of critical problems will have to be faced at the time of its implementation.

But the introduction of a digital tachograph on the field, its coexistence with the mechanical
tachograph for years, and the necessity to check, record, manage and transfer electronic data
can not only be seen as the introduction of an electronic device. The digital tachograph will go
a lot further than that. It will oblige enforcement agencies to change considerably their ways
of enforcing and prosecuting, and without a deep involvement and a deep co-operation of the
Member States, the impact of the digital tachograph on the achievement of the European
Commission and of the Council of Ministers‟ objectives will be relatively poor.

It will also open the door to new possibilities in terms of freight and fleet management for the
operators and create also a lot of new legal situations to be faced as the electronic data could
be well spread out differently than the paper discs today.

Therefore, to conclude this introduction, the Swedish National Road Administration (SNRA)
which got a mandate of the other EU Member States, will support :

1. the definition of new, harmonised and efficient ways of interpreting and enforcing the
   Regulation (EEC) n° 3821/85 as modified by the Regulation (EC) n° 2135/98 and, as far
   as possible, the improvement of the existing control practises ;
2. a correct and efficient implementation of the digital tachograph, ensuring a certain
   coherence in the solutions chosen by the Member states and therefore ensuring a certain
   equity in terms of competition between drivers and operators at EU level.


II – The legal framework

The legal framework in which this project will take place is composed by many EU legal
texts, that can be summarised as follows :

-     drivers activities are submitted to strict rules defined in the Regulation (EEC) n° 3820/85 ;
-     these activities are recorded by a recording equipment (tachograph). This tachograph can
      be mechanical (Regulation (EEC) n° 3821/85) or digital (Regulation (EEC) n° 3821/85 as
      last amended by Regulation (EC) n° 2135/98). In this latter case, activities are recorded in
      the tachograph, but also in the card that each driver has to use namely to identify
      him/herself ;
-     road side and company checks are regulated by the Regulation (EEC) n° 3821/85, by the
      Regulation (EC) n° 2135/98 and by the Directive n° 88/599/EEC.




4
    OJEC n° L 274, 09-10-1998, page 1


                                                  5
      II-1 : Regulation (EEC) n° 3820/85

This Regulation is mainly addressed to the drivers, who have to respect some limits in their
activities (driving, working, availability and rest times), fixed notably by Articles 6, 7 and 8.
The purpose of this Regulation is to define a legal framework for the drivers‟ working
conditions, to ensure that their activities are not performed in such a way that they could
endanger road safety, and finally that they are commonly applied in the different Member
States so that a fair competition could exist in the field of road transport.

A reference is made to the tachograph in Article 14-7, which is the device used to record these
activities.

It has also been foreseen (Article 15) that transport undertakings have to organise drivers‟
work in such a way that drivers are able to comply with the relevant provisions of this
Regulation and of Regulation (EEC) n° 3821/85. They have indeed to make periodic checks
to ensure that the provisions of these two Regulations have been complied with. If breaches
are found to have occurred, the undertaking has to take the necessary measures to prevent
their repetition.

Concerning Member States, they have to assist each other in applying this Regulation and in
checking compliance therewith (Article 17-2).

Within the framework of this mutual assistance the competent authorities of the Member
States have regularly to send to each other all available information concerning breaches of
this Regulation committed by non-residents and any penalties imposed for such breaches as
well as penalties imposed by a Member State on its own residents for such breaches
committed in other Member States (Article 17-3).


      II-2 : Regulation (EEC) n° 3821/85

This Regulation deals with the use and the technical specifications of the recording equipment
(tachograph), necessary to check the drivers‟ activities governed by the Regulation (EEC) n°
3820/85 presented above.

Chapter IV of this Regulation is dedicated to the “Use of Equipment” and among its different
provisions, those of Article 13 state that the employer and the driver have to ensure the correct
functioning and proper use of the recording equipment.

Concerning the Member States, Article 19 is exactly the same than Article 17 of Regulation
(EEC) n° 3820/85 and states that they have to assist each other in applying this Regulation
and in checking compliance therewith (Article 19-2).

Within the framework of this mutual assistance the competent authorities of the Member
States have regularly to send one another all available information concerning breaches of this
Regulation committed by non-residents and any penalties imposed for such breaches, as well
as penalties imposed by a Member State on its own residents for such breaches committed in
other Member States (Article 19-3).



                                               6
     II-3 : Regulation (EEC) n° 3821/85 as last amended by Regulation (EC) n° 2135/98

The objective of the European legislator is clearly expressed in some of the recitals of
Regulation (EC) n° 2135/98.

The Council estimated firstly that experience has shown that the economic pressures and
competition in road transport have led some drivers and employers to flout certain rules,
notably those relating to driving and rest times (recital 2).

The Council reminded that infringements and fraud are particularly dangerous for road safety
and unacceptable for reasons of competition for the drivers who respect the rules (recital 3).

It consequently said that road safety would be improved by the automatic recording and
regular monitoring (by both undertakings and competent authorities) of drivers‟ activities,
including measurement of speed and distances covered (recital 4) and that this objective could
be reached in introducing new advanced equipment fitted – notably - with an electronic
device and a driver card (recital 6).

But the Council was also aware that the total security of the system and its components is
essential if the tachograph is to function efficiently (recital 7).


     II-4 : Directive n° 88/599/EEC

This Directive deals with standard checking procedures for the implementation of Regulations
(EEC) n° 3820/85 and 3821/85, as last amended by Regulation (EC) n° 2135/98.

Therefore, this Directive contains provisions on checks in general terms, as well as on
checking systems, roadside checks, company checks, concerted and co-ordinated checks as
well as on the necessary exchange of information between the Member States.

Part of the non uniformity of the controls today, that EC is deploring, probably comes from
the fact that the Council of Ministers was not ambitious enough at the time it adopted this
Directive.

The project will be developed taking into account this legal framework.


III – The political context and the objectives of the project

The objective of the Regulation (EC) n° 2135/98 as well as of this project, is to improve
enforcement of, and compliance with, Community social legislation on driver‟s hours,
relating to road transport, governed by Council Regulation (EEC) n° 3820/85.

The Regulation (EC) n° 2135/98 defines more or less clearly what are the obligations of the
Member States for implementing the digital tachograph. But some provisions written in
general terms let the door open to many different possible interpretations of what these
obligations are.



                                              7
Therefore, some Member States will probably adopt national measures where some others
will not do the same. This kind of differences between Member States will not exist without
creating distortions of competition and practical difficulties for Community drivers, operators
and industry.

The added value of the project will be, in confronting the Member States in their
implementation plans, in giving them the possibility to exchange information and to
develop harmonised and more efficient solutions, the enhancement of the enforcement of
the driver’s social hours which will provide a significant contribution to road safety,
equity of competition and will ensure the maintenance of satisfactory social standards.

It will also be to support Member States in the implementation of the digital tachograph,
which is an incomparable challenge for these later given the complexity of the task.

Inaction would perpetuate the status quo whereby a high number of journey’s
contravene the social hours regulations.


IV – The actions to be undertaken

The project will deal with the implementation of the digital tachograph and with the definition
of uniform methods of roadside and company checks.


      IV-1 : Enforcement and digital tachograph

This objective is shared by the Member States for years, it is one of the most important
objective of the European Commission in the field of road transport for years as well, it
has been put on the top of the priorities in the last White Paper issued by DG Tren
recently, it is one of the objectives the social partners desire strongly to be realised for
years, etc…

Only an action, launched at EU level, can allow Member States and their enforcement
agencies to define new uniform methods of control, imposed by the introduction of the
digital tachograph.

In that respect, many issues have to be taken into account.


            IV-1-1 : Enforcement and tachograph cards

One of the weakest point of the digital tachograph, is the legal possibility given to the drivers
to drive without a driver card. It can be the case when the driver has lost his driver card, when
it has been stolen, when the driver card does not function anymore, or even when the
competent national authority is not in a position to issue him a driver card in due time.

In all these circumstances, a driver will still be legally able to drive for a period whose length
will vary depending on the situation in which he will be.




                                                8
This situation almost never occurs with the mechanical tachograph, as except in the case the
tachograph itself does not function anymore (and in the case of exempted activities), there is
no possibility to drive without a paper disc.

In other words, the data recorded by the tachograph will be more reliable than the data
recorded by the mechanical tachograph, as long as the digital tachograph can be used together
with driver cards.

This problematic has to be taken into account not at the level of the issuance of cards, but at
the operational level. The point is not to know whether or not a card has been issued, or if a
declaration has been made by the driver saying when the card has been lost or stolen, but the
point is to adapt the enforcement measures so that :

-   a driver will be discouraged to “loose” his card ;
-   and above all, an enforcement officer will be able to enforce the regulations without
    having access to a driver card.


           IV-1-2 : Electronic data, print-outs, paper discs and any other documents

As the digital tachograph will have to coexist with the mechanical one for years, enforcement
officers will have to combine different types of data at the time they will have to perform
roadside and/or company checks.

One can think that introducing the digital tachograph will immediately lead to an important
improvement in enforcement. As long as mechanical tachograph will be used together with
digital ones in a same company, this assumption is questionable.

To really improve the situation compared to what it is today, a lot of work will have to
be done to adapt the way of controlling to this new situation. As these efforts are
unavoidable, the Member States do consider that it is the most appropriate time to work
together in order to develop uniform methodologies.


           IV-1-3 : Downloading and company checks

Here stands probably the biggest challenge for the Member States. Introducing a digital
tachograph, means also introducing digital data on the field.

And starting from this reality, a lot of questions will have to be answered. Questions that
national administrations involved in the implementation of the digital tachograph have never
faced until now.

Downloading of data is a technical facility described in the Regulation (EC) n° 2135/98. It
was defined to allow both operators and enforcers to use the data recorded for their own
purpose, operators mainly for freight and fleet management, and enforcers for analysing
drivers‟ activities with the help of software.

Downloading of data can also be performed by approved workshops whenever they are
requested to do so.


                                              9
The Council considered that the downloading has to remain a national competence:

-    each Member State being responsible to organise the way of enforcing the (EEC)
     Regulation n° 3820/85 in its own country;
-    each Member State defining the operations they have to perform;
-    operators having the possibility, in an open market, to use or not the downloading facility
     for their own business.


The main responsibilities of the Member States

Article 14 paragraph 2 of the Regulation (EEC) n° 3821/85 states that :

       ”The undertaking shall keep the record sheets in good order for at least a year after
       their use and shall give copies to the drivers concerned who request them.
       The sheets shall be produced or handed over at the request of any authorised inspecting
       officer.”

The acceptable delay for collection of charts is not defined.

Relating to digital tachograph, Article 14 paragraph 5 of the Regulation (EEC) n° 3821/85
(see Regulation (EC) n° 2135/98, Article 1, paragraph 7, subparagraph 5) states that :

       “Member States shall ensure that data needed to monitor compliance with Regulation
       (EEC) No 3820/85 and 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 which are recorded and stored by recording equipment [read: VU] in
       conformity with Annex 1B to this Regulation can be made available for at least 365
       days after the date of their recording and that they can be made available under
       conditions that guarantee the security and accuracy of the data. Member States shall
       take any measures to ensure that the resale or decommissioning of recording equipment
       cannot detract, in particular, from the satisfactory application of this paragraph.

Therefore, there is a mismatch between the requirements for analogue and digital tachograph.
For analogue tachograph the requirement to maintain and hand over record sheets is explicitly
defined. For digital tachograph the detailed requirements are left to Member States to specify.

Member States therefore have a legal responsibility to ensure compliance with the
following points a) to d).

a)      Availability of data needed to monitor compliance with Regulations (EEC) n°
        3820/85 and 3821/85 (determined by article 15 of Regulation (EEC) n° 3820/85);
b)      availability of data 365 days after they have been recorded in the VU;
c)      availability of data under conditions which guarantee security and accuracy;
d)      continued availability of data even if the vehicle with the VU has been sold or
        decommissioned.

There is an absolute necessity to ensure that :




                                               10
-   Member States will be able to face these responsibilities as enforcement could be
    weakened compared to what is done today with the mechanical tachograph if data
    are not available in due time, under an appropriate format, at the right time ;
-   Member States will put in place coherent and, as far as possible, harmonised
    solutions, so that road safety, social conditions and fair competition would be
    ensured at EU level.

A more detailed presentation of the different issues to be dealt with in the project can be
found in the appendix 1 of this contractual technical annex.


      IV-2 : The implementation of the digital tachograph

Member States have a lot of obligations in the implementation of the digital tachograph.
Issuing cards is only one of them and probably not the most important one as the Regulation
(EC) n° 2135/98 contains provisions dealing with the situations where no card is available.

To try to ensure an efficient implementation of the digital tachograph, the project will deal
with all the issues to be faced by the Member States, except the issuance of cards as it will be
taken into account in the framework of an other ad hoc project.

But, dealing with card issuing without taking care of the other aspects of the implementation
of the digital tachograph is :

-   intellectually impossible, as solutions for issuing cards can not be found without
    discussing parallel issues dealing with type approval, security, approved workshops,
    enforcement, etc…;
-   practically dangerous if the discussion on card issuing are not extended to these other
    issues. The objective shall be to ensure that the solutions defined for issuing cards can be
    married with the solutions to be put into place for type approving the tachograph and the
    sensor, for ensuring that workshops will be correctly approved by the Member States, to
    make sure that the solutions defined for the security of the cards are compatible with the
    objectives of security to be defined for the tachograph and its environment, etc…

To better understand the complexity of the tasks and the different issues to be dealt with, the
project will take into account the life cycle of the digital tachograph as described in the
appendix 2 of this contractual annex.

Member States will have to face problems concerning :


            IV-2-1 – Criteria to approve workshops

Workshops are already approved by the different EU Member States, in accordance with the
provisions laid down in the Regulation (EEC) n° 3821/85.

These workshops were approved to calibrate, repair and if necessary exchange mechanical
tachograph functioning with paper disks. The requirements to be approved were quite simple
as the operations to be performed by these workshops being mainly mechanical, they had to



                                              11
prove that they were equipped with the necessary tools to measure distance, to measure speed,
etc…

The digital tachograph will require a totally different approach of these tasks for different
reasons but mainly because if some mechanical operations will still have to be done by the
workshops, the most important ones will require computer abilities and electronic equipments.

Member States will therefore have to define :

   -   which kind of new tools/devices the approved workshops will have to be equipped
       with ;
   -   which kind of persons having which kind of abilities these approved workshops will
       have to employ ;
   -   what will be the consequences on the approval if these persons would leave the
       approved workshops ;
   -   how they will have to keep records of the different operations performed on the
       vehicles ;
   -   how they will have to download their workshop cards, at which frequency, how long
       and under which format they will have to keep these electronic data ;
   -   what will be the requirements in terms of security management for the workshop
       cards;
   -   etc…

It will probably be necessary to involve the tachograph manufacturers to better understand the
operations that will need to be performed on the digital tachograph at different satge in its life
cycle.


            IV-2-2 – Decommissioning of the digital tachograph

The mechanical tachograph, when it comes to an end, is not subject to any rule. It is a
mechanical device that can be destroyed without anybody having to take care about the way it
will be handled.

The digital tachograph can not be treated on the same way. It will contain security elements
like cryptographic keys as well as personal data that need to be protected, even after its end of
use.

Therefore, to avoid potential misuses of the digital tachograph, Member States will have to
adopt national rules establishing :

   -   what can be considered as the end of use of a digital tachograph (notably compared to
       a second hand tachograph),
   -   what will be the way of decommissioning this new device,
   -   how Member States will have to keep trace of the secret elements to be destroyed
       together with the tachograph,
   -   etc….

There are potentially two different ways of solving these problems. Either by including the
decommissioning of the digital tachograph in the security policy to be developed by each


                                                12
Member State concerning the digital tachograph and/or to extend the missions of the approved
workshops which could well be in charge of such tasks.


           IV-2-3 – Data management

The data management is the parallel of the future mandatory downloading of data that
Member States will probably have to impose for enforcement reasons.

The current Regulations require the transport undertaking to store and make available data
(charts). Although the place for storage is not mentioned in the Regulations, it is common
practice in all Member States that charts must be stored in the company premises.

Considering this common practice, unless alternative arrangements have been explicitly
defined, the data from the digital tachograph must also be stored at the company premises.

In addition, the transport undertaking may be required, at the request of a competent
inspecting officer, to hand over the stored charts. In the case of stored digital data the
company must, on request, be required to hand over a copy of the stored digital data.

To achieve the enforcement objectives relating to accessibility of data, data from DCs and
VUs should be downloaded by (or on behalf of) the transport undertaking on a regular basis
and stored such that it is accessible in the company.

But this does not necessarily require physical data storage in the transport company. The
location of the vehicle or DC during downloading is unimportant provided that the data
downloaded is subsequently stored and made available in an appropriate place.

In many cases vehicles and drivers will return regularly to the company premises. In these
cases it would make sense to download data locally from VUs and DCs at the company
premises.

In other cases vehicles and/or drivers may be away from the company premises for extended
periods. Current practice in such cases is for charts to be sent by mail back to the company
premises. The equivalent practice with digital tachograph (VUs and DCs) would be either to
make print-outs and send them by mail or to download data locally and send a copy of the
downloaded data to the company premises or download remotely.

The digital tachograph should be seen not only as a control device, but also as an on-board
computer allowing operators to better manage their fleet and their freight. Therefore, doors
have to be open for them to subcontract the storage and the treatment of their data.

But if so, the Member States will have to define :

   -   the ways they want to get access to the relevant data, wherever they are stored and
       whoever is the person taking care of these data ;
   -   who can be authorised to get access to the data downloaded by a company, or by a
       driver ;
   -   what will be the requirements imposed to these subcontractors, if any.



                                              13
The social partners will have to be associated to these reflections as their day-to-day business
is concerned.


           IV-2-4 – Type approval

The main characteristic of the digital tachograph system is that it is a distributed solution
implemented in all the EU Member States at the same time. It is a very complex system with
very detailed technical specifications which are not 100% complete or error free.

It can be explained by the fact that the Annex 1B of Regulation (EC) n° 2135/98 remains a
“theoretical system” as it was not tested or verified. Never “in the real business life” anyone
will produce a system for sale without first making a prototype or start the production and at
the same time change the specifications of the system implemented.

In other words, the Annex 1 B is a technical specification of a very complex technical system
and there exist without any doubts parts that can be interpreted in different ways. But each
Member State can not interpret the Annex 1 B on its own way without endangering the
interoperability of the different tachograph applications.

Therefore, a common interpretation of the Annex 1B is needed because the technical
specification is not tested with a pilot system or with anything else and the system has to be
implemented and is supposed to work in all the Member States at the same time from the very
beginning.

This item has also to be taken on board for a specific reason, which is mainly linked to card
issuing and to the project to be managed by Urba 2000.

Issuing cards will necessitate to interpret, in some different parts, the Annex 1 B. The
interpretation that will be made in the framework of this project will have to be understood on
the same way by the different Member States as well as by the cards and tachograph
manufacturers as far as the type approval is concerned.

The type approval procedure is indeed composed by many steps, one of them dealing with
security, another one dealing with interoperability. Therefore, to make sure that anytime an
interpretation will be made of the Annex 1 B for card issuing purposes, it will be made in the
light of the whole tachograph application (tachograph itself and sensor included), the project
will contain a specific work package dealing with type approval.

To conclude on that specific point, whose objectives are different from the ones of the other
points mentioned above, the way the Member States will come to solutions is :

   -   by defining a common interpretation of the Annex 1 B whenever it will be considered
       as necessary ;
   -   by ensuring that anytime they make such an interpretation, they make it in the light of
       the whole tachograph application and not only for card issuing purposes ;
   -   by associating to this work cards and tachograph manufacturers anytime it will be
       considered as necessary in order to facilitate their efforts for developing interoperable
       devices which is one of the main key of the success for the implementation of the
       digital tachograph.


                                              14
            IV-2-5 – Calibration/activation

This work package is also quite specific in the list of the items to be dealt with by the Member
States.

The activation is triggered by the first insertion of a workshop card in the Vehicle Unit. The
vehicle manufacturer must perform the activation of the recording equipment before shipping
the vehicle.

But before its activation, the recording equipment must accept any vehicle parameters
entered, without authenticating the user (e.g. without the presence of a workshop card) and
does not record driver activity nor events nor faults.

After its activation, the recording equipment fully enforces access control requirements and
data recording is fully operational and secured.

The calibration of the recording equipment can only be performed when a workshop card is
inserted in the equipment.

The recording equipment must keep in its memory the set of vehicle parameters entered
during its first calibration within this vehicle (as denoted by the VIN) and during the last five
calibrations. The workshop identification and date of the calibration are also memorised.

Therefore, a simple drawing (see next page) of these operations show that an activation is
done just after the tachograph is installed into the vehicle, and the calibration (the entry and
recording of, mainly, the different vehicle and tachograph parameters) just after the activation
has been performed.

In other words, in case workshop cards would not be available at the right time in all the EU
Member States – which is an hypothesis that could well happen – digital tachograph will have
to be mandatory installed by the vehicle manufacturers in any new commercial vehicles
(because the Regulation (EC) n° 2135/98 so requests 24 months after the publication of its
Annex 1 B) without being neither activated, nor calibrated.

Therefore, the purpose of this work package is to complete the work to be done by the
Member States in the framework of the Urba 2000‟s project and to define solutions in order to
face the situations where :

   -   no workshop cards are available in some countries ;
   -   the digital tachograph can not be activated and calibrated ;
   -   operators buy new vehicles with non usable digital tachograph ;
   -   drivers drive everywhere in Europe without being checkable.




                                               15
                New equipment

                 Installation (1)



                  Activ ation(2)



                 Calibration (3)                                 Installation (1)


                                     Ev ery      Checks /
                   Operation
                                    2 y ears   Inspection (4)


                                                Repair (5) /      2nd hand
                                                  Sale            Equipment

                                                                                     Operations
                   End of lif e                                                      requiring a
                                                                                    Workshop Card




The solutions could for example consist in anticipating these situations and :

   -   define the necessary legal framework to be adopted by the Member States, at national
       level, international level or possibly at EU level to allow Member States to issue
       workshop cards for some other Member States ;
   -   define the necessary legal framework, at national level, international level or possibly
       at EU level to allow Member States to issue workshop cards for vehicle manufacturers
       established in another EU Member State ;
   -   define the necessary legal framework, at national level, international level or possibly
       at EU level to allow Member States to issue workshop cards for approved workshops
       established in another EU Member State.

Such a work would necessitate a deep reflection and a deep assessment of the consequences,
by the Member States, of the problems they could encounter in case no workshop card would
be available in some EU Member States, and of the consequences the different possible legal
means, could really bring to that situation.


            IV-2-6 – Security

This item is also to be handled in parallel of the work to be done by the Member States in the
framework on the Urba 2000‟s project.

Security is a transversal matter and does not only concern cards and certainly not only card
issuing.


                                                  16
The digital tachograph security principles call for an ITSEC security certification of the
motion sensor, the vehicle unit and the smart cards, based on security targets appended to
Annex 1B.

They also call for system-wide common mechanisms and algorithms to protect data transfers
out of the vehicle unit or out of the smart cards.

The main constraints taken into account in the Annex 1 B are as follows :

 the tachograph components are distributed in the field and are not connected on line to any
  central register for checks,
 it involves different manufacturers and different issuing authorities,
 it must cope with a step by step introduction (new Member States, new manufacturers,...),
 it must rely on leading edge but currently available and proven Information Technology,
 it must allow to periodically change the security elements.

A three level key distribution system has been adopted for the tachograph application:

 European level,
 Member State level,
 Equipment Manufacturer or Card personaliser level.

Those three levels must be understood as three mandatory functional levels, but not
necessarily as three organisational levels.

The European level role is to generate the tachograph application master key pair (Europe
secret key and Europe public key) and to certify the Member States public keys. The JRC and
its laboratory of Ispra has been appointed by the European Commission to handle this task.

Member State level role is to generate the Member State key pair (Member State secret key
and Member State public key), to have its public key certified by the European level, to
certify the Public keys that will be inserted in the equipment, and to keep records of all
certified keys.

Manufacturer level role is to generate equipment‟s key pairs, to have the Public keys certified
by its Member State, to insert key pairs and certificates in the equipment and to eventually
feed back Member State of key/Certificate assignment to equipment (if not done at certificate
request time).

Equipment key pairs generation has been placed as a manufacturer responsibility. The
Member State authority could also take this responsibility. In this case the transport of the
private keys from the Member State authority to the equipment manufacturer must be done in
a secure way.

The certificates delivered are of a recoverable type (Public key can be recovered from the
certificate).

When requesting certificates, a manufacturer may or may not know the identification of the
equipment in which the keys will be inserted.



                                              17
In the first case, the manufacturer will send the equipment identification with the public key
to its Member State authority for certification. The certificate will then contain the equipment
identification, and the manufacturer must ensure that keys and certificate are inserted in the
intended equipment.

In the later case, the manufacturer must uniquely identify each certificate request and send
this identification with the public key to its Member State authority for certification. The
certificate will contain the request identification. The manufacturer must feed back its
Member State authority with the assignment of key to equipment (i.e. certificate serial
number, certificate request identification, equipment identification) after key installation in
the equipment.

This quick presentation of the main security principles shows different things :

   -   firstly that dealing with security means, as far as the digital tachograph is concerned,
       dealing with its components and with its environment ;
   -   secondly that defining solutions for issuing cards can not be done without taking into
       account the tachograph as a whole system.

Therefore, in close relation with Urba 2000, Member States will have to define security
solutions any time :

   -   enforcement will be concerned ;
   -   data management will be concerned ;
   -   approved workshops will be concerned ;
   -   decommissioning will be concerned ;
   -   transversal solutions will be needed to implement the digital tachograph ;
   -   interpretation will be requested for type approval.


            IV-2-7 – Any other items and exchange of information

“As the implementation of the digital tachograph is without any equivalent in the history of
the administrations involved in this process, the project will deal with any other issue which
could appear in the course of the implementation period (24 months after the publication in
the OJEC of the European Commission’s Regulation containing the technical specifications
of the digital tachograph)”.

SNRA reminds the European Commission that the implementation of the tachograph will
probably lead the Member States to face unexpected problems and that, as it is stated above, it
is a very complex system with very detailed technical specifications which are not 100%
complete or error free.

These unexpected problems could be more or less serious but will have to be handled by the
Member States working together. Every other point of view could endanger the system.

Any new item to be brought in the framework of the project will have :

          to be proposed by the Joint steering committee (see pages 20 and 39) ;



                                              18
          to not overlap the tasks managed by the Member States in the framework of the
           project leaded by Urba 2000 ;
          to be accepted by the Plenary ;
          to be managed in the limit of the financial resources as defined in the budget
           attached to the present contract.

These principles and an overview of the tasks to be dealt with in the project will be more
precisely defined in the appendix 3 of the present contractual technical annex.


V - The methodology

SNRA has the intention to :

-   chair a real European project, giving the possibility to all Member States to participate
    democratically to the decisions to be taken, and to the orientation to be given to the
    necessary actions as described above ;
-   to organise, consequently, plenary meetings where all Member States will have their say ;
-   to organise the work to be done, by work packages, and to give possibly the lead of each
    work package to different Member States ;
-   to open the meetings to the national civil servants designated by their Member States and
    who could change depending on the issues to be dealt with ;
-   work under the supervision of a steering committee (common to the present project as
    well as to the project managed by Urba 2000) to be elected during the kick-off meeting
    where EC will have a seat, the steering committee being in charge of proposing to the
    Member States the priorities to be respected in the framework of the project ;
-   prepare periodical and specific reports on the subjects dealt with in the project, so that
    every step forward in the implementation of the digital tachograph would be explained in
    a specific report to be put at the disposal of any competent national authorities and be
    possibly used as a platform in the different Member States to ensure, as far as possible, a
    certain uniformity and a certain consistency in the implementation actions.

The architecture of the project will be as follows.




                                               19
20
     V-1 : The Joint steering committee

The Joint steering committee will be elected during the kick-off meeting and will be
composed of :

-   the chairmen of the different working groups ;
-   a representative of the French Ministry of Transport ;
-   a representative of SNRA if SNRA does not provide a chairman to one of the working
    groups ;
-   one or two representatives of the European Commission ;
-   the general co-ordinator of the project to be designated by SNRA ;
-   the general coordinator of the project to be designated by Urba 2000.

The Joint steering committee will be in charge of driving the project(s) as a whole, in order to
ensure that Member States do the necessary efforts to implement the Regulation (EC) n°
2135/98 and its technical annex.

The Joint steering committee will meet before any plenary meeting to prepare the decisions to
be taken, and to assess the work done so far by the different Working Groups.

The Joint steering committee, depending on the progress made by the Member States in the
project, would also be entitled to propose to these latter, seating in Plenary, changes in the
time schedule and/or in the priorities as defined in the present technical annex.

The Joint steering committee will decide by using, as far as possible, consensus. In case no
consensus would be reached, the different points of view expressed within the Joint steering
committee will be presented to the Plenary for decision.


     V-2 : The Plenary

Member States will be represented in Plenary meetings.

The Plenary will be informed of any progress made by the task forces and will adopt, as far as
possible by consensus, the recommendations proposed by the different Working Groups.

In case no consensus would be reached, the minutes of the meetings will mention the
recommendations expressed by the majority of the Member States, as well as the points of
view expressed by the minority of them.


     V-3 : The Working Groups

The Working Groups will be composed of Member States representatives and assisted by
external experts.

The chairmen will be nominated during the kick-off meeting of the project in order to drive
the tasks to be done, and will be assisted in their chairmanship by the general co-ordinator.

As far as possible, the chairmen will come from different Member States.


                                              21
The Working Groups will have to respect the deadlines defined in the present technical annex
to perform their work. Therefore, the work plan to be established by each of them will have to
take into account both the availability of the national representatives in that respect, and the
commitment of the SNRA to fulfil its contractual obligations.

Any decision of the Working Groups which could question the general time schedule defined
above in the present technical annex will have first to be submitted to the steering committee
and then approved by the Plenary.

The Working Groups will be entitled, anytime it will be considered as necessary, to set up
Sub Working Groups.

In that case, the Sub Working Groups will have to report before the Working Group to which
they belong.


      V-4 : The European Commission

The European Commission will be represented in the Steering committee and will have the
possibility to attend any Working Groups, Sub Working Groups or Plenary meetings.

The European Commission will take part in the decision process, but the points of view
expressed will never have to be considered as official points of view of the European
Commission, but as the personal ones of its representatives.


      V-5 : Consultation of industry and social partners

Member States could need, in addition of the consultants' expertise put at their disposal in the
framework of this project, to consult tachograph and cards manufacturers as well as other
industrials and social partners.

Anytime a consultation with industry (transport operators excluded) will be needed, the
methodology will be as follows :

-   as far as possible, the chairmen of the task forces which would need such a consultation
    will address beforehand the question to the Plenary in order to get its prior consent ;
-   all the necessary efforts will have to be done to consult, in the case the Plenary would
    agree in principle, all the industrials possibly interested by this consultation ;
-   the minutes of these consultation will afterwards be made available to any interested
    parties, so that competition between industries would not suffer from these discussions.

Anytime a consultation with social partners will be needed, the methodology will be as
follows :

-   as far as possible, the chairmen of the task forces which would need such a consultation
    will address beforehand the question to the Plenary in order to get its prior consent ;
-   the composition of the ad hoc group composed by Member States representatives which
    will meet the social partners, will be submitted to the Steering committee for its prior
    consent.


                                              22
      V-6 : Working language

English will be the only working language of this project.

All the documents to be circulated will have to be written in English.

The meetings will be held in English, without interpreters.


      V-7 : Deliverables

The deliverables will be issued according to the deadlines fixed in the time schedule defined
thereafter.

They will have to be numbered to facilitate their circulation and the methodology to be
adopted in that respect will be decided by the Member States during the kick-off meeting.

Their content and their presentation will be uniformed to facilitate their reading and to better
prepare the final report.

The deliverables will have first to be issued to the Steering committee members before being
submitted to the Plenary.

The deliverables will have, as far as possible, to be issued to the Member States
representatives at least 8 working days before the meeting during which they are supposed to
be discussed.

Below is the list of the deliverables expected in this project :

Enforcement and digital tachograph :

   deliverables on road side checks :
-   intermediary report :                                                  month 18
-   ad hoc report :                                                        month 24

   deliverables on company checks :
-   intermediary report :                                                  month 8
-   ad hoc report :                                                        month 18

   deliverables on enforcement and data protection issues
-   intermediary report :                                                  month 4
-   ad hoc report :                                                        month 10

   deliverables on prosecution and cooperation between Member States
-   intermediary report :                                             month 18
-   ad hoc report :                                                   month 24

   Ad hoc final report on enforcement and digital tachograph :            month 26




                                                23
Implementation of the digital tachograph

   deliverables on the criteria to approve workshops
-   intermediary report :                                               month 12
-   ad hoc report :                                                     month 15

   deliverables on the legal framework to be adopted on the
     decommissioning of the digital tachograph
-   intermediary report :                                               month 6
-   ad hoc report :                                                     month 12

   deliverables on data management
-   intermediary report :                                               month 4
-   ad hoc report :                                                     month 10

   deliverables on type approval (see appendix 3)
-   intermediary report :                                               month 6
-   ad hoc report :                                                     month 12

   deliverables on calibration/activation (see appendix 3)
-   intermediary report :                                               month 6
-   ad hoc report :                                                     month 12

   deliverables on security (see appendix 3)
-   intermediary report :                                               month 6
-   ad hoc report :                                                     month 12

   deliverables on potential other items (see appendix 3)
-   first intermediary report :                                         month 12
-   second intermediary report :                                        month 18
-   ad hoc report :                                                     month 24

   deliverables on the general information exchanged between Member
     States
-   first intermediary report :                                      month 12
-   second intermediary report :                                     month 18
-   ad hoc report :                                                  month 24

   Ad hoc final report on the implementation of the digital tachograph : month 26

VI - Time schedule and deadlines

The duration of the project is based on the work the Member States have to do within the 24
months following the publication of the Annex 1 B according to the Regulation (EC) n°
2135/98. Three months more have been foreseen to allow Member States to exchange
information on the first feed back they will get from the field after the introduction of the
digital tachograph.

The time schedule and the deadlines are as described below and an overview of the work plan
can be consulted in the appendix 4 of this contractual technical annex.


                                                24
Month                       Item                         Deliverable            URBA 2000
 1    Kick-off meeting
 2
 3
 4    * Enforcement and data protection             Intermediary Report
      * Data management                             Intermediary Report
      * Type approval                               Intermediary Report      Intermediary Report
      * Security                                    Intermediary Report
      Security : Best Practice Manual                                           Ad hoc report
 5
 6    * Criteria to approve workshops               Intermediary Report
      * Decommissioning of the digital tachograph   Intermediary Report
      * Calibration/activation                      Intermediary Report
 7
 8    * Company checks                              Intermediary Report
      * Type approval                                   Ad hoc Report           Ad hoc report
      * Security                                        Ad hoc Report
 9    European Security Policy                                                  Ad hoc report
 10   * Enforcement and data protection                 Ad hoc Report
      * Data management                                 Ad hoc Report
      * Criteria to approve workshops                   Ad hoc Report
 11   Tachonet                                                               Intermediary Report
 12   * Decommissioning of the digital tachograph       Ad hoc Report
      * Calibration/activation                          Ad hoc Report
      * Potential other items                      1st Intermediary report
      * General information exchanged             1st Intermediary Report
       between Member States
 13
 14
 15   Company checks                                    Ad hoc Report
 16
 17   Tachonet                                                                  Ad hoc report
 18   * Road side checks                            Intermediary Report
      * Prosecution and cooperation                 Intermediary Report
       between Member States
      * Potential other items                     2nd Intermediary Report
      * General information exchanged             2nd Intermediary Report
       between Member States
      Card issuing                                                              Final Report
 19
 20
 21   * Prosecution and cooperation                     Ad hoc Report
       between Member States
 22
 23
 24   * Road side checks                                Ad hoc Report
      * Potential other items                           Ad hoc Report
      * General information exchanged                   Ad hoc Report
       between Member States
 25
 26   * Enforcement and digital tachograph          Ad hoc Final Report
      * Implementation of digital tachograph        Ad hoc Final Report
 27    Project                                           Final Report
                                               25
APPENDIXES




    26
          APPENDIX 1 :


COMPANY CHECKS AND DOWNLOADING




              27
                    APPENDIX 1 : Company checks and downloading




Enforcement and specificity of the digital tachograph

Detailed speed information is permanently recorded on charts whereas digital records of
detailed speed are overwritten after 24h of driving. Therefore tracing of journey details will
no longer be possible.

In parallel, some data are also only in the DC (e.g. activities for different companies). Some
others are only in the VU (e.g. speed and overspeeding information). And data relating to an
individual driver who has driven several vehicles will be spread over several VUs.

Therefore, in order to fulfil the requirement to check compliance with regulations, data are
required both from the VUs and from the DCs.

For a roadside check the required data is accessible as the relevant DC and VU are there at the
time. For a company check the control officer only has access to data accessible at the
company premises. Therefore information from the relevant DCs and VUs must be accessible
at the company premises. To check compliance of a specific driver, data from VUs alone are
not sufficient – data are also required from DCs.

Therefore, enforcement officers will have to adapt their ways of controlling drivers and
operators on the road and in the company's premises.

Without such adaptations, enforcement will be weakened.

These adaptations will probably lead to adaptations of the different national legal
systems dealing with enforcement of Regulations (EEC) n° 3820/85 and 3821/85.


Digital tachograph, enforcement and data protection

Downloading of data, in the framework of the Regulation (EEC) n° 3821/85 as last amended
by Regulation (EC) n° 2135/98 leads to some questions regarding the rules established on one
side by the Directive n° 95/46/EC on the protection of individuals with regards to processing
of personal data and of the free movement of such data, and on the other side by the Directive
n° 99/93/EC on a Community framework for electronic signatures.

These provisions are wide enough to embrace downloading wherever are the data, in EU
Member States, in the companies, in their sister companies, kept by ad hoc service providers
etc…

Member States have the possibility to adopt national rules defining the ways the data must be
stored and presented to controllers during company checks.

In Directive 95/46/EC, Article 6 states that data must be:


                                              28
-   collected for specified, explicit and legitimate purposes and not further processed in a
    way incompatible with those purposes ;
-   adequate, relevant and not excessive in relation to the purposes for which they are
    collected and/or further processed ;
-   kept in a form which permits identification of data subjects for no longer than is necessary
    for the purposes for which the data were collected or for which they are further
    processed. Member States shall lay down appropriate safeguards for personal data stored
    for longer periods for historical, statistical or scientific use.

Article 7 of Directive n° 95/46/EC states that data may be processed only if:

-   It is necessary for compliance with a legal obligation to which the controller is subject
-   It is necessary for the performance of a task carried out in the public interest or in the
    exercise of official authority vested in the controller or in a third party to whom the data
    are disclosed.

When more than 20 separate lock-in/lock-outs have occurred, then earlier data is no longer
allocated to a specific company, but it still holds data related to identifiable drivers of the
vehicle. This is there „personal data‟ according to data protection provisions, and access to
such data should be restricted. Requirement 011 of the Annex 1 B states that, in company
mode, access to data is free provided that data is not locked by another company. Therefore
data older than the last 20 lock-in/lock-outs will be available to anyone with a company card.

Driver-related data is considered as personal data according to Directive n° 95/46/EC.

Controllers must not ask for or collect or store more data than needed to verify respect of
driving, resting, working and availability times. Due to the fact that a DC may only be
downloaded in its entirety, enforcement officers will get access to more data than they legally
may use. During a roadside check there might be access to 28 days of activities or even more.
Directive n° 88/599/EEC requires controllers to check the last 8/12 days of activities.
Directive n° 95/46/EC requires controllers to restrict themselves according to the principle of
proportionality. Therefore the facilities provided by the driver cards for downloading may
lead to difficulties for controllers to respect the requirements of Directive n° 95/46/EC.

The requirement according to Directive n° 88/599/EEC to check 8/12 days is unclear – is this
a maximum or a minimum requirement ? There are differences of interpretation.

Any companies downloading and storing data must be registered under data protection
legislation.

Data downloaded to an ESM can be read by any person, i.e. the data itself from the VU or DC
is not encrypted. To comply with data protection requirements it may be advisable to encrypt
data stored in an ESM.

The issues related to data protection are very critical in the sense that if there are not
correctly taken into account by the enforcement agencies, the digital tachograph could,
as such, be questioned.




                                              29
Storage and retrieval of downloaded data

There are some principles that should guide the enforcement agencies in the implementation
of the digital tachograph :

-   data must be stored reliably such that what is later recovered is exactly what was stored ;

-   records must be complete so that a complete history is available ;

-   the stored data must be made available to control officers in a form in which they can use
    it and at a location where they can receive it ;

-   stored data files must be sufficiently identified such that it is possible to satisfy requests
    for data relating to specific drivers/vehicles and specific dates ;

-   the data must be made available at the time when it is needed.

Starting from these principles, one can ask where data can be downloaded and stored.

The current Regulations require the transport undertaking to store and make available data
(charts). Although the place for storage is not mentioned in the Regulations, it is common
practice in all Member States that charts must be stored in the company premises.
Considering this common practice, unless alternative arrangements have been explicitly
defined, the data from the digital tachograph must also be stored at the company premises.

In addition, the transport undertaking may be required, at the request of a competent
inspecting officer, to hand over the stored charts. In the case of stored digital data the
company must, on request, be required to hand over a copy of the stored digital data.

To achieve the enforcement objectives relating to accessibility of data, data from DCs and
VUs should be downloaded by (or on behalf of) the transport undertaking on a regular basis
and stored such that it is accessible in the company. This does not necessarily require physical
data storage in the transport company.

The location of the vehicle or DC during downloading is unimportant provided that the data
downloaded is subsequently stored and made available in an appropriate place.

In many cases vehicles and drivers will return regularly to the company premises. In these
cases it would make sense to download data locally from VUs and DCs at the company
premises.

In other cases vehicles and/or drivers may be away from the company premises for extended
periods. Current practice in such cases is for charts to be sent by mail back to the company
premises. The equivalent practice with digital tachograph (VUs and DCs) would be either to
make print-outs and send them by mail or to download data locally and send a copy of the
downloaded data to the company premises or download remotely.

In parallel, the Regulation does not require the mandatory use of a company card to lock-in
data.



                                               30
Therefore, if a company chooses not to lock-in with a company card then data will not be
allocated to any company. Then the only data which can be downloaded without a company
card is that relating to the DC(s) inserted at the time of downloading together with data
relating to unidentified drivers (i.e. drivers not identified by insertion of a DC or by manual
input of drivers‟ names).

Requirement 150 of Annex 1B requires that Company mode access rights be satisfied for
remote downloading. Therefore remote downloading can only be carried out using a company
card. Requirement 11, 1st indent (if a company card has not been used to lock-in, and later the
company inserts a company card in order to download, then automatically the VU will be
locked-in by that company card). Subsequently that company will be able to download data
allocated to them by locking-in and also prior data not allocated to any company.

If a company chooses not to lock-in using a company card, then any subsequent company can
download data relating to the first company (which is not locked). It must be assumed that, by
not locking-in, the first company has given silent consent to subsequent companies having
access to their data. This assumption is necessary in order to fulfil the requirements of data
protection. Is this a valid assumption?

Will the manual input of drivers‟ names be sufficient to allocate periods of driving without
card unambiguously to drivers such that for, downloading purposes, the resulting records can
considered equivalent to records made with a DC inserted?

Storage of data in a VU unrelated to that vehicle is a problem. There is no way of knowing if
the data is related to the company owning that truck. Therefore we must assume that the data
is not related to that company. Such data should only be downloaded using either the DC used
to record the data or locally using a control card; it can never be downloaded using a company
card.

Maybe the company has to get the agreement that any manual entry data stored in that
company‟s VUs during that company‟s lock-in period is available for downloading by that
company. Whose agreement? Driver? The other company employing the driver? There is a
data protection issue – is the company entitled to have access to data which might not be
related to that company? This situation will occur regularly with agency drivers.

The digital tachograph should be seen not only as a control device, but also as an on-
board computer allowing operators to better manage their fleet and their freight.
Therefore, doors have to be open for them to subcontract the storage and the treatment
of their data.

But if so, then enforcement officers will have to define the ways they want to get access
to the relevant data, wherever they are stored and whoever is the person taking care of
these data.

At the same time, a lot of the questions presented above are not answered by neither the
Regulation (EC) n° 2135/98 nor its technical annex, and could lead to many different
ways of controlling the drivers' activities.




                                              31
Inaction would perpetuate the status quo. Enforcement will vary considerably from one
country to another one whereby a high number of journey’s contravene the social hours
regulations.


Possibilities for transfer of recorded data

According to Requirement 11 of Annex 1B, a driver can insert his DC and make printouts
from the VU of any data relating to his own activities or the activities of un-named drivers.
Without a company card, he can not make printouts of any data relating to other named
drivers. Therefore a driver away from the company premises cannot make print-outs which,
when sent back to the company, are sufficient to satisfy the requirements to store VU data in
the company premises.

The exception is where only one or two drivers use a given vehicle. He/they can insert their
card(s) and then make printouts which might satisfy the requirements.

If the vehicle is away from the company premises and a company card is not available at the
vehicle, then it is not possible to download data from the VU except by a remote link to a
place where an appropriate company card is available.

Insertion of a DC into the VU will allow downloading all data relating to that driver plus
downloading of all data not related to any specified driver. In the case of one man/one truck
operations where the truck is part of a larger fleet, then insertion of the DC will allow
downloading of all relevant data within the VU without need for a company card. There will
be gaps relating to the driver resting, but there may also be gaps relating to driving by another
driver. Driving by another driver can be identified by gaps in odometer readings. Double
manning (two men/one truck) would require downloading twice, once with each card, but
thereafter all relevant data would be available. Alternatively if both cards are inserted together
then downloading should give data relating to both drivers. Downloading of trucks with
multiple drivers will still require use of a company card.

It is possible to download data from a DC via a separate reader whilst away from the company
premises without using a remote link. This data can then be sent either by mail or other
electronic means back to the data storage location (provided that the conditions for guarantee
of safety and accuracy are met).

A control card can never be used for remote downloading. All remote downloading requires
the use of the relevant company cards. Therefore, if a Member State or a group of companies
chooses to implement a central facility for remote downloading, that central facility must have
a company card for every company whose vehicles are to be downloaded to that central
facility. Alternatively all vehicles to be downloaded by the central facility must be locked-in
by a single card rather than by a card for each separate transport company.

We can assume that a company is responsible to carry out the required downloading at
the required intervals. Each company can choose to sub-contract the downloading
activities, but the transport companies remain legally responsible for the download
activities. If a company chooses to adopt remote downloading, it must be on the basis
that if the remote downloading is not successful at any time then the company’s vehicles
must be brought to some location where an appropriate company card is available to be


                                               32
used for local downloading. In the case where such a company does not comply with
reasonable requests for the provision of timely downloaded data, then the ultimate
sanction against the company must be to remove his operator’s licence. This sanction is
not viable as it takes no account of own-account transport which does not need an
operator’s licence.

Is it possible to lock-in/out remotely ? The text of Annex 1B appears to say not.

To conclude on that point, all these assumptions can not remain unsolved. If it would be
the case, controls would once again vary considerably from one country to another one.
Obligations of the operators would depend on the countries where they are located, their
investments to have the simple right to use the digital tachograph would not be the same,
their constraints would depend on the interpretation the Member States would make
from the Regulation (EC) n° 2135/98 and of its technical annex, and despite there would
be a new tachograph, the same situation than the one we know today would continue to
exist.


Digital tachograph and situations where enforcement involve many countries

Without a central store for data the enforcement task becomes almost impossible. To collect
data would require the control officer to deal with potentially many sites. Ensuring that the
data collected is adequate is not sensibly possible. Central storage is also convenient for the
transport company to allow him to monitor compliance with the drivers‟ hours Regulation
(EEC) n° 3820/85 and Directive n° 92/6/EC on installation and use of speed limiters.

Currently charts are stored in one place in the company premises. This practice seems to be
common use and not be based on any explicit European or national legal obligation. To
maintain this function, data from digital tachograph should also be stored centrally.

If a transport undertaking operates from several sites or hires drivers not employed by that
undertaking, then who is responsible to ensure that drivers respect the requirements of
Regulations (EEC) n°3820/85 and 3821/85? The responsible body is not specified in
Regulation (EEC) n° 3820/85 or 3821/85. In the absence of any provision determining the
localisation of the responsible transport company, the national laws of the Member States are
applicable, and these can differ from Member State to Member State. This leaves different
solutions in different Member States. In some it is the place where disposition is done, and in
others it is the place of the head office of the transport undertaking.

These different legal concepts can lead to situations where no Member State has the authority
to check drivers hours. For example, a company might have its head office in (say) France
and disposition of drivers is carried out in the UK. Here the UK would take the view that
control should be carried out in France (where the registered office is) whilst France would
consider that control should be carried out in the UK (where disposition is carried out).

There is therefore a need to identify for each transport undertaking a competent body
responsible for ensuring compliance with the regulations. Currently the way of
identifying this competent body varies between Member States such that some
undertakings are not covered. There is therefore a need for a European harmonised



                                              33
legal concept covering the authority for checking compliance with drivers’ hours
regulations.

For enforcement purposes it is also of vital importance to maintain a continuous record of
driver and vehicle activities after the VU/card memory has been filled and old data is being
overwritten. To maintain continuous records, downloading (or printouts) must be undertaken:

   a)   before the data on DC are overwritten (capacity of max. 28 days) ;
   b)   before resale or decommissioning of the VU (maybe the vehicle) ;
   c)   at the end of validity of the DC ;
   d)   from the VU at the end of the hiring period.

Member States have to define common ways of implementing these downloading
obligations.

In the case that a driver is prosecuted for a drivers‟ hours offence, the driver involved is likely
to want to defend himself in court. He will need to be able to provide evidence supporting his
defense.

Where the relevant data is stored in one or more VUs he will be able to download the relevant
data and present it in court. However some data is only available on the DC. Any data stored
on a DC is overwritten within 28 days or so.

Prosecution for drivers‟ hours offences may be six months after the event and in some
cases/Member States up to 5 years later. Within these time scales any data on a given driver‟s
DC will have been overwritten, probably many times. Unless data has been downloaded and
stored appropriately, drivers will not have available the data required to defend themselves in
court.

To ensure the timely availability of data to enforcers all downloading must take place
sufficiently before data becomes too old for prosecution purposes. This may vary from one
Member State to another.

The important factor is the age of the infringement being used for the prosecution. The data
downloading will take place some time after the infringement, and the data must still be
available in sufficient time.

In the case of prosecutions taking place in more than one Member State, each Member State
will collect data in accordance with local requirements. The collected data may then need to
be transferred between Member States. There is a risk that data collected according to the
time requirements of one Member State may be unusable by another Member State as it is for
them out-of-date.

That is a very critical point at enforcement level and must be handled by the Member
States as well.




                                               34
                     APPENDIX 2 :

LIFE CYCLE OF THE DIGITAL TACHOGRAPH AND IMPLEMENTATION




                          35
figure 1




                                                                                                                                                                      process towards series
                                                                                               Monitoring by                                                               production
                                                                                               whom ??

                    industry
                                                                                                                                Ispra




 prototype                                        security                    functional                      interoperability                       type
   prototype                                        security                    functional                      interoperability
                                                                                                              certificate                              type
 tachograph,                                      certificate                 certificate                                                            approval?
   tachograph,                                      certificate                 certificate                     certificate                            approval?
 application for
   application
 type approvalfor
   type approval
                                                                                      ?

                                                  ITSEC-procedure
                                                                                                                                           if interoperable, then certificate
                                                  all manufacturers need
                                                  to have their process
                                                  description ready                                               Interoperability
                                  ITSEC-body in
                                                                                                                                           if not interoperable, then new tests after
                                                                                                                        tests              modification
                                  Fr, D or UK




                       industry
                                                                                                                                   Ispra




 prototype smart                                  security                    functional                       interoperability                      type
   prototype smart                                  security                    functional
                                                                              certificate                        interoperability
                                                                                                               certificate                             type
 card application                                 certificate                                                                                        approval?
   card application                                 certificate                 certificate                      certificate                           approval?
 for type approval
   for type approval
                                                                                      ?
                                                      ITSEC-procedure:
                                                      all Member States
                                                      need to be ready with
                                                      their process
                                  ITSEC-body in
                                                      description of smart
                                                      cards                                   Monitoring by
                                  Fr, D or VK
                                                                                              whom ??



     Note: every 5 to 10 years a
     new tender!
                                                                                                                                   Unique procedure and type
                                                                                                                                   approval




                                                                                   36
figure 2
                                                                                                                                                                                                                      acknowledged
        manufacturer                                                                                                                                                                                                  tachograph
                                                                                                                                                                                         Vehicle                      fitter/workshop
                                                      Tachograph                                                                                                                           Vehicle
                                                        Tachograph
                                                      register                                                                                                                          inspection
                                                        register                                                                                                                          inspection                                                                                                  old data ??
        tachograph
          tachograph                                                                                                                                     According to annual roadworthiness
        series production                                                                                            Tachograph calibrated
                                                                                                                                                         test/Vehicle Inspection???                                          According to Reg. EU 3821/85
          series production                                                                                                                                                                                                                                                             enforcement
                                                                                                                       Tachograph calibrated
                                                                                                                            abroad                                                                                                                                                        enforcement
                                                                                                                              abroad                  minimum inspection                                        Biennial advanced
                                                                                                                                                        minimum inspection
                                                                                                                                                      tachograph during
                                                                                                                                                                                                                  Biennial check
                                                                                                                                                                                                                tachographadvanced
                                                                                                                                                        tachograph during                                         tachograph check
                                                     certif.                                              dealer/                                     annual roadworthiness
                                                     calibration
                                                                                                          importer                                      annual roadworthiness
                                                                                                                                                      test                                                                                                  etc.
                                                                                Workshop card?
                                                                                                                                                        test
                                                                                                          Delivery to                                                                                                                                                                     Vehicle + tacho
                                                           1st calibration                                  Delivery to                                                                                                                                                                    Vehicle + tacho
                                                                                                                                                                                                                                                                                              in use
                                                             1st calibration                              client
                                                             tachograph                                     client                                                                                                                                                                              in use
                                                                   tachograph


     Manufacturer
     of vehicles                                                                                                                                              Annual                                             Biennial                                                                            relation with
                                                                                                                                                              roadworthiness
                                                                                                                                                                Annual
                                                                                                                                                              test vehicle
                                                                                                                                                                roadworthiness                                     Biennial
                                                                                                                                                                                                                 tachograph test                                                                     speed limiter??
        Vehicle production                                                                                                                                      test vehicle
                                                                                                                                                                         Acknowledgement annual                    tachograph test
          Vehicle production                                                                                                                                                     roadworthiness test stations
        + installation
          + installation
                                      Driver/workshop/company/                             Workshop card
                                      controller                                                                                                                                 Monitoring
                                                                                                                                                                                   Monitoring
                                                                                                                                                                                 vehicle
    Application smart                                                                                                                                                              vehicle
                                                                                                                                                                                 inspection
      Application
    card by....... smart                                                                                                                                                           inspection
      card by.......                                                                     manufacturer                                                                                driver,
                                                                                                                                                      Card issuing                   workshop,
                                                                                         Trusted Third Party
                                                                                                                                                      authority                      company,
                                                                                                                                                                                     controller
                              footnote 1

                   Judicial                           Smart card series production                                                     Card issuance                                                    Use smart                                                                                End of use
                     Judicial
                   review card                        + Smart card series production
                                                        personalisation                                                                 Card issuance                                                     Use
                                                                                                                                                                                                        card smart                                                                                End of use
                                                                                                                                                                                                                                                                                                 Smart card
                     review
                   issuing card                         + personalisation                                                                                                                                 card
                                                                                                                                                                                                                                                                                                  Smart card
                     issuing
                   authority
                     authority                                                                                                                                                                                                                                                                           old data ??
                                                                                                                                                                                                                                    Traffic Inspectorate
                                                                                                                                                                                                                                    Police
                                                                                                                                                                Vehicle                                                             Fiscal authorities                           Card issuing
                                                                                                                                                                inspectio                                                           Labour Inspection                            authority ?
                                                                                                                                                                n
                                      manufacturer                                                                      manufacturer
                                                                                                                                                                                                                                                                                                      collection
                                                                                                                                                                                                                                                                                                        collection
                                                                                                                                          registration in                                               enforcement                                                       external?

                                                                                                                                            registration in
                                                                                                                                          register                                                        enforcement                                                                                 destruction
                                  hardware                                                  software                                        register                                                                                                               Vehicle                              destruction
                                    hardware                                                  software                                                                                                                                                             inspection?



                                                                                                                                                                                                                                                                                                      registration
                                                                                                                                                                                                                                                                                                        registration
                                                                                                                                                                                                                                                                             footnote 1
                                                                     Supervision by
                                                                      Supervision
                                                                      card issuing by
                                                                        card issuing
                                                                       authority
                                                                         authority
                                                                                                               cosultation national and                                                                                                                                                         The use
                                                                                                                 cosultation national
                                                                                                               foreign card registers and
                                                                                                                 foreign card registers
                                                                                                                                                     36

                                                                                                                                                     37
figure 3




                                                                                         acknowledged tachograph                                                               = autonomous process, no task or
                                                                                         fitters/workshops                                                                     responsibility government




           replacement +                                         reparation +                                                              end lifespan
             replacement +                                          reparation
                                                                 erasing mass +                                                              end lifespan
             calibration                                           erasing mass
                                                                    memory                                                                 tachograph
               calibration                                             memory
                                                                  tachograph                                                                 tachograph                        = framework for legislation needed
             tachograph                                              tachograph
               tachograph
                                        Certified inspector of
                                        weights and measures/
                                        calibration centre

                                                                                                                                                                                  = dataflow

                                                                                                                   sales
                                                                                                                   lease (end)
                                                                                                                   scrapping
                                                                                                                   decommissioning




                                                                                                                                                                                  = critical point/flow

                                                                                   end of use vehicle
                                                                                     end of use vehicle
                                                                                  (registration number                     old data ??
                                                                                         register)
                                                                                    (registration number
              • replacement due to theft/loss/uselessness                                  register)
              • renewal due to end of validity

                                                                                                                                                                                      consultation, data information flow




                                                 new                                                                                     issuance of cards
                                                                                                                                           issuance of cards   footnote 1             Quality assurance, (ISO) certification
                                                   new
                                                 card                                                                                     judicial review
                                                   card                                                                                     judicial review
                                                                                                                                              yes/no?
                                                                                                                                                yes/no?

                                                                                                                                                                             etc. etc.


                                            end of use card,
                                              end new card,
                                            but noof usecard
                                              but no new card                                                                            new application?
                                                                                                                                           new application?
                                                                                                                                           new judicial
                                                                                                                                             new judicial
                                                                                                                                             review?
                                                                                                                                               review?



                                                                                                                                                                       End of use and follow-up



                                                                                                                                              37

                                                                                                                                             38
                 APPENDIX 3 :


METHODOLOGY TO RUN IN PARALLEL THE PROJECT ON THE
IMPLEMENTATION OF THE DIGITAL TACHOGRAPH AND THE
            PROJECT ON CARD ISSUING




                   39
APPENDIX 3 :       Methodology to run in parallel the project on the
                   implementation of the digital tachograph and the project on
                   card issuing




The implementation of the digital tachograph will generate a huge work for the
national administrations at the time they will have to implement the Regulation
(EC) n° 2135/98.

This implementation will also change considerably the solutions which were used
so far by the different administrations involved in this matter.

To ensure an efficient, correct and as far as possible harmonised way of
implementing the digital tachograph, two projects will be managed in parallel,
one dealing with the implementation of the digital tachograph as a whole (except
card issuing), the other dealing with the specific aspects of card issuing.

To ensure that both projects will be complementary from each others, the
following rules will have to be respected :

         a joint steering committee will have to be set up, composed of
          representatives of both groups, chaired by the European Commission,
          which aims will be to ensure that :

         the necessary output are given in due time from one project to the
          other one, any time it will be necessary / the necessary input are
          received in due time from one project to the other one, any time it will
          be necessary ;

         that in case of topics of common interests, the division of the work to
          be done will be organised in due time, the objective being to avoid
          overlaps between the two projects ;

         that the meetings, especially the Plenary ones, are organised in a way
          ensuring that the topics dealt with by both projects could be adequately
          discussed.

         A coordination will have to be ensured with the European Commission
          in any circumstances, to ensure that the objectives mentioned above
          are correctly taken into account and to take the necessary decisions
          any time priorities could have to be redefined.




                                       40
                 APPENDIX 4 :

OVERVIEW OF THE TASKS TO BE DONE IN THE PROJECT




                      41
                                                                      APPENDIX 4 : Overview of the tasks to be done in the project




Tasks                                       Working           Month 1 Month 2 Month 3 Month 4   Month 5   Month 6 Month 7     Month 8      Month 9
                                             Groups
Enforcement and digital tachograph               1

road side checks
company checks                                                                                                                Intermediary report
                                                                               Intermediary report
data protection issues
prosecution and cooperation between MS
Implementation of the digital tachograph          2

criteria to approve workshops                                                                               Intermediary report
                                                                                                            Intermediary report
decommissioning of the digital tacho
                                                                               Intermediary report
data management
                                                                               Intermediary report                               Ad hoc
type approval                                                                                                                  report
                                                                                                            Intermediary report
calibration/activation
                                                                               Intermediary report                              Ad hoc
security                                                                                                                      report
any other items
exchange of information between MS
Plenary meetings
                                           kick-off meeting
Steering committee meetings




                                                                                42
                                        APPENDIX 4 : Overview of the tasks to be done in the project




Month 10   Month 11   Month 12   Month 13        Month 14   Month 15     Month 16   Month 17   Month 18     Month 19       Month 20




                                                                                               Intermediary report
                                                             Ad hoc report
 Ad hoc report
                                                                                               Intermediary report



  Ad hoc report
                        Ad hoc report
 Ad hoc report

                       Ad hoc report

                       1st Intermediary report                                                   2nd Intermediary report
                       1st Intermediary report                                                   2nd Intermediary report




                                                                    43
                            APPENDIX 4 : Overview of the tasks to be done in the project




Month 20 Month 21 Month 22 Month 23 Month 24 Month 25       Month 26         Month 27       Month 28



                                                                                                   A
                                       Ad hoc report                 AD                 F          D
                                                                    HOC                 I          M
                                                                   FINAL                N          I
           Ad hoc report                                           REPORT               A          N
                                                                                        L          I
                                                                                                   S
                                                              AD                                   T
                                                                                      R            R
                                                             HOC                      E            A
                                                                                      P            T
                                                            FINAL                     O            I
                                                                                      R            V
                                      Ad hoc report         REPORT                    T            E
                                      Ad hoc report
                                                                                                   E
                                                                                                   N
                                                                                                   D




                                                       44
              APPENDIX 5 :


OVERVIEW OF THE IMPLEMENTATION OF THE DIGITAL
      TACHOGRAPH BY THE MEMBER STATES




                   45
   IMPLEMENTATION OF THE DIGITAL TACHOGRAPH BY THE MEMBER STATES

 Type          Conditions       Card      Calibration    Security           USE OF THE                END OF         OTHER
approval       to approve      issuing    Activation      Policy              SYSTEM                   LIFE          ASPECTS
               workshops
•functional                   •driver                    Security      Enforcement                    replacement    Foreign
•security      • list of                  what about                                                                 drivers
                                                         policy of                                    of the tacho
•inter-         operations    •company    the cases
                                                         the tacho     •road side checks
 operability    to be                     where                        •company checks
                performed     •workshop   no workshop                  •cross borders checks                         what if the
                                                                                                      destruction
                                          cards are                    •exchange of information                      AETR is not
                                                         Security                                     of the tacho
certificates   • conditions   •control    available                    •data protection                              modified
                                                         policy of
                to be                     in some EU                   •harmonisation of controls                    accordingly
                                                         the sensor
for             approved      cards       MS ?                                                                       in 2004 ?
                                                                                                      second hand
                                                                                                         tacho
                                                         Security      Downloading
                                          what about                                                                 What about
                              Inter-                     policy of
the sensor     •information               the cases                    •infrastructure to be put in                  CEECs
                              pretation                  the cards                                    exchange of
                to be                     of the EU                      place                                       operators
                              of Annex                                                                information
                exchanged                 vehicles                     •legal framework for the                      buying
                              1B                                                                      between MS
                between MS                bought in                      service providers                           digital
                                          non EU         Security
the cards                                                policy of     •data protection                              tachograph
                                          countries ?                                                                before their
                                          (new           the tacho
                                                         environment                                                 country
               •information               vehicles                     Data management                               implement
the tacho       to be kept    Tachonet    and                                                                        the 1 B ?
                                          second hand                  •fleet and freight
                                          vehicles)                    management solutions
Interpreta-                                                            and enforcement                               Any other
tion of                                                                                                              items
Annex 1 B




                                                        46
         APPENDIX 6 :


EXPLANATIONS ABOUT THE BUDGET




              47
             Appendix 6 : explanations about the SNRA’s budget



Cost of staff (1.1.1.)

137.700 euros correspond to the work to be done by a Project Manager and an
assistant within SNRA.

This figure comes from the experience SNRA got in its first 21 months project
(referenced B99 – B27020 10 – SI2 – 124740/I B399014/SNRA). In the initial
grant agreement, SNRA committed to spend 15.000 euros which rapidly became
obsolete as the workload was incomparably more important than foreseen.

It was agreed by EC in the course of the project to increase this sum from
15.000 to 94.000 euros.

In the new proposal (27 months project), 137.700 euros is a sum calculated in
the light of the previous 94.000 euros and in accordance with the extended and
expected workload.

In this project, SNRA will continue to have considerably more work to do than
the other Member States or associated/candidate countries as they will act :

   -   as project manager and be the interface between the European
       Commission and the different countries involved ;
   -   as an interface with the different subcontractors hired for the benefit of
       the Member States as well as for the benefit of the European Commission
       ;
   -   as experts, as some of their national experts will be put at the disposal of
       the project.


Travel and subsistence costs (1.1.2.)

This budget line is based on the calculations made in the first project.

In the first project, the average cost for a Plenary meeting was a little bit more
than 20.000 euros. SNRA took therefore 20.000 euros as an estimate for this
project.

A sub-working group meeting was used to cost, as an average, a little bit more
than 2.600 euros. SNRA took therefore 2.500 euros as an estimate for this
project.

Then, by experience, SNRA also knows that an intensive way of working within
such groups is to organise :

   -   one plenary meeting every two months ;
   -   an average of 5 sub-working groups meetings in each two months period.



                                        48
The methodology to be followed in this project (appendix 3) indicates that :

   -   plenary meetings will be organised, gathering all the Member States and
       some associated and/or candidate countries ;
   -   that two working groups will be launched having each of them a minimum
       of 2 task forces ;
   -   that a steering committee will be set up to run the project and to ensure
       the consistency of the work done with the work performed in the
       framework of the Urba 2000’s project.

SNRA came then to the conclusion that it could organise :

   -   a minimum of 11 plenary meetings (more could be necessary depending
       on the progress made in the project) : 11 X 20.000 euros = 220.000 euros
       ;
   -   as there are 13,5 periods of 2 months in this 27 months project, SNRA
       could organise a minimum of 13,5 X 5 working groups/task forces
       meetings = +/- 68 meetings and 68 X 2.500 euros = 170.000 euros ;
   -   a minimum of 15 steering committees’ meetings will take place, costing
       around 1.000 euros each = 15.000 euros.

Then, 220.000 + 170.000 + 15.000 = 405.000 euros.

In the first 21 months project, with less potential attendees, SNRA reached an
amount of a little bit less than 400.000 euros for the travel and subsistence
costs.

Therefore, these 410.000 euros for the current proposal (27 months project)
have to be seen as a minimum the Member States and associated/candidate
countries will spend in this project.

Concerning the attendees, SNRA knows part of them, but some have still to be
nominated by their States. Those that SNRA knows but that SNRA thinks should
attend the card issuing meetings rather than those planned in its project, are not
added to this list.

But to the list below will probably be also added, sometimes, the names of
attendees representing social partners or tachograph and card manufacturers.


         Names                      Functions                 Country
 Karin Guggenberger        Implementation                        Austria
 Robert Fuerst             Enforcement                           Austria
 Egbert Hinterauer         Enforcement                           Austria
 Jean-Paul Otjacques       Implementation             &          Belgium
                           enforcement
 Johan Vandekerkhof        Implementation                        Belgium
 Kim Pedersen              Implementation             &          Denmark
                           enforcement
 Carl Peter Frederiksen    Enforcement                           Denmark
 Ilmo Jaatinen             Enforcement                           Finland


                                         49
 Jorma Horkko             Implementation                      Finland
 Jean-François Janin      Implementation                      France
 Cyril Michel             Implementation                      France
 Bernard Fournier         Enforcement                         France
 François Philippart      Implementation           &          France
                          enforcement
 Ingo Irsch               Implementation           &         Germany
                          enforcement
 Bernd Weber              Implementation           &         Germany
                          enforcement
 Robert Maiworm           Enforcement                        Germany
 Militiadas Provatas      Enforcement                         Greece
 Joan Doyle               Enforcement                         Ireland
 Ivor Geraghty            Implementation           &          Ireland
                          enforcement
 Rosario Capelleri        Enforcement                          Italy
 Carmen Ferraiolo         Implementation                       Italy
 Mariateresa Lepore       Enforcement                          Italy
 Ludwig Büchel            Implementation           &       Lichtenstein
                          enforcement
 José Piscitelli          Implementation           &       Luxembourg
                          enforcement
 Jean Welter              Implementation           &       Luxembourg
                          enforcement
 Siri Engebretsen         Enforcement                        Norway
 Asbjorn Hagerupsen       Implementation                     Norway
 Jan Guttormsen           Enforcement                        Norway
 José Martins Costa       Enforcement                        Portugal
 Mario Noronha            Implementation                     Portugal
 Delores Otero Cerezo     Implementation           &          Spain
                          enforcement
 Per-Arne Holm            Implementation           &         Sweden
                          enforcement
 Lars Andersson           Implementation           &         Sweden
                          enforcement
 Anders Granath           Enforcement                        Sweden
 Lars Hüllert             Enforcement                        Sweden
 Inge Quist (or her       Implementation                 The Netherlands
 successor)
 Hans Drijer              Enforcement                    The Netherlands
 Jan Van Tergouw          Enforcement                    The Netherlands
 Peter Dean               Implementation                       UK
 Gary Geldart             Enforcement                          UK
 Vic Grant                Enforcement                          UK
 John Martin              Enforcement                          UK


Equipment and purchase costs (1.1.3.)

SNRA will bear these costs and does not ask EC to contribute to this specific
budget line.


                                     50
Cost of supplies and consumables (1.1.4.)

5.000 euros have been budgeted mainly for the organisation of meetings in case
it would be needed (meeting rooms, issuing of special reports/documentations
for Member States, etc…).

This budget line could be needed in the case no one Member State, for a reason
or another, could host a plenary or a working group/task force meeting.


Subcontracting (1.1.5.)

See Annex 7.


Other allowable direct costs (1.1.6.)

SNRA does not request other cost to be charged in the project.


Contingency reserve (1.2.)

SNRA does not request a reserve budget line.


Overheads (1.3.)

SNRA has applied the rule imposed by EC in that respect.

38.339 euros correspond to the mathematical result of this calculation.


TOTAL : 1.162.039 euros.

We request a 50 % grant, i.e. 581.019 euros.




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              APPENDIX 7 :


BRIEF PRESENTATION OF THE SUBCONTRACTORS
            AND OF THEIR TASKS




                   52
                       Appendix 7 : the subcontractors



The subcontractors are the following :


Legal expertise :

The necessary legal expertise will be provided by the law office Granturco &
Partners.

Thierry Granturco has been involved in the definition of the digital tachograph
specifications, working as a project leader and as a legal adviser under the
umbrella of ERTICO between 1997 and 1999 (contract referenced B3-B97-B2
7020-SIN-1221).

He was in charge of animating six task forces, respectively dealing with human
machine interface (HMI), security, tachograph cards and data elements, external
interface, type approval and enforcement and gathering Member States
representatives as well as electronic, on-board computing, tachograph, cards and
vehicles manufacturers.

At the end of 1999, his law office was also involved in the contract referenced B
99-B27020 10 – SI2 – 124740/I B399014/SNRA, in which he was in charge of
animating four task forces, two of them dealing with the Regulation (EEC) n°
3820/85, two others dealing with the Regulation (EC) n° 2135/98 introducing the
digital tachograph and gathering Member States representatives and external
experts.

Since the beginning of 2000, he is in charge, as a project leader and as a legal
adviser, of the project referenced B2000-B2702B-SI2.155280/P B3 99, under the
umbrella of ERTICO, aiming at facilitating the introduction of the digital
tachograph in the Central and Eastern European Countries, in the framework of
the AETR (UNO) agreement. This contract will end by the end of 2002.

Thierry Granturco is assisted in his work by lawyers named Marlène Leroy,
Bernard Mouffe, Eric Jacobs, Coralie Renner-Schmidt, Olivier Langlet, Olivier
Moreno, who intervene at his request together with him and are chosen
depending on the subjects to be dealt with.

Thierry Granturco will also act as a chairman in our different meetings.

The daily rate of Thierry Granturco is 550 euros.


Coordination, secretariat, administration, finance, organisation of meetings

Cybele is a company that will put Marie-Christine Bonnamour at the disposal of
SNRA to coordinate the different activities to be carried out as well as the
different working groups and task forces. She has already worked for SNRA in


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the contract referenced B 99-B27020 10 – SI2 – 124740/I B399014/SNRA
(under the umbrella of the company Betyle) and has ensured the consistency of
the work done by the group members, the respect of the deadlines by each
attendee, the administration of the project and has taken in charge the
organisation of the meetings wherever they were organised.

The daily rate of Ms Bonnamour in this project will be 450 euros.


Technical support

Squaris is a company that will put Ms Annie Lalé at the disposal of SNRA, as a
coordinator of the technical experts to be hired in the project. The work to be
done will necessitate technical expertise such as expertise in computing, in
electronics, in metrology, etc… This expertise will be requested by SNRA or by
the Member States in the course of the project, and Squaris will ensure that its
team members who are independent experts would be available whenever it will
be considered as necessary.


Travel costs for subcontractors

The subcontractors could have to attend our different meetings. It will be mainly
the case of Thierry Granturco. It could be the case sometimes of Ms Bonnamour
and of Ms Lalé or the Squaris’ team members. 25.000 euros have therefore been
budgeted to cover their travel and subsistence costs.




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