Introductory text

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 96/53/EC of 25 July 1996^f1, and in particular Article 10d(5) thereof,

Whereas:

On-board weighing equipment is an option provided for the Member States by Directive 96/53/EC for carrying out the control of vehicles or vehicle combinations which may be overloaded.

In line with the second paragraph of Article 10d(5) of Directive 96/53/EC, in order to ensure interoperability, the on-board weighing equipment has to be able to transmit weight data at any time from a moving vehicle to the competent authorities and to the driver through an interface defined by CEN DSRC standards. Technical specifications adapting the content of the standards to the specificities of the information to be provided by on-board weighing equipment should therefore be adopted.

On-board weighing equipment may be fitted in motor vehicles as well as in trailers and semi-trailers. It is necessary to guarantee that on-board weighing equipment fitted in different vehicles of a vehicle combination is mutually compatible. Compatibility should be ensured by the implementation of European standards on C-ITS as referred to in the delegated act supplementing Directive 2010/40/EU of the European Parliament and of the Council^f2 with regard to the deployment and operational use of cooperative intelligent transport systems.

Member States mandating the instalment of on-board weighing equipment should be able to exempt from that obligation vehicles or vehicle combinations for which it is impossible to exceed the maximum authorised weight, such as trailers or semitrailers specifically designed for the carriage of liquids or livestock.

The use of on-board weighing equipment for the purpose of enforcement may trigger attempts of manipulation, as is the case with other vehicle systems, such as the digital tachograph or the systems for the restriction of emissions. In order to keep an appropriate level of security against manipulation, the communication between motor vehicle and trailer or semi-trailer must be secured. In addition, on-board weighing equipment should be certified according to the Common Criteria, by a certification body recognised by the Management Committee within the framework of the ‘Mutual Recognition Agreement of Information Technology Security Evaluation Certificates’ of the Senior Officials Group on Information Systems Security (SOG-IS).

Member States which opt for the installation in the vehicle of on-board weighing equipment should ensure that the vehicles undergo inspections of that equipment by OBW-workshops. In order to ensure the uniform implementation of the interoperability rules set out in this Regulation, those workshops should guarantee that the on-board equipment is operating with the appropriate level of accuracy. Those workshops may be, subject to necessary adjustments, testing centres referred to in Directive 2014/45/EU of the European Parliament and of the Council^f3, workshops referred to in Regulation (EU) No 165/2014 of the European Parliament and of the Council^f4, or any other workshop respecting the requirements of this Regulation. Member States which do not opt for introducing on-board weighing equipment on the grounds of Article 10d(1) of Directive 96/53/EC should not need to set up those workshops.

The current state of the technology does not make possible the implementation of neither CEN DSRC nor C-ITS communication standards in on-board weighing equipment by 27 May 2021. A phased approach should therefore be adopted for the implementation of on-board weighing equipment so that industry is able to develop products compliant with the requirements of this Regulation, and in particular with its Annex II and certain requirements of Annex III. The Member States which opt for the installation in the vehicle of on-board weighing equipment should, by 27 May 2021, apply the requirements referring to stage 1 set out in Annexes I and III. An additional period of three years should be granted for the application of requirements set out in Annex II and those referring to stage 2 set out in Annexes I and III.

Member States may take specific measures to require that the vehicles to be checked by the competent authorities in order to ensure compliance with Directive 96/53/EC and which are put into circulation as of 27 May 2021 and registered in their territory, are fitted with an on-board weighing equipment. Vehicles put into circulation and registered before that date should not need to be retrofitted with such an equipment.

The measures provided for in this Regulation are in accordance with the opinion of the Road Transport Committee, referred to in Article 10i of Directive 96/53/EC,

HAS ADOPTED THIS REGULATION: