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Document 32009D0959
Commission Decision of 14 December 2009 amending Decision 2007/230/EC on a form concerning social legislation relating to road transport activities (notified under document C(2009) 9895) (Text with EEA relevance)
Commission Decision of 14 December 2009 amending Decision 2007/230/EC on a form concerning social legislation relating to road transport activities (notified under document C(2009) 9895) (Text with EEA relevance)
Commission Decision of 14 December 2009 amending Decision 2007/230/EC on a form concerning social legislation relating to road transport activities (notified under document C(2009) 9895) (Text with EEA relevance)
OJ L 330, 16.12.2009, p. 80–81
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
In force
- Date of document:
- 14/12/2009
- Date of effect:
- 14/12/2009; Entry into force Date of document
- Date of notification:
- 16/12/2009; The act was notified but the date of notification is not available on EUR-Lex – the date of publication is used instead.
- Date of end of validity:
- No end date
- Author:
- European Commission
- Responsible body:
- Directorate-General for Mobility and Transport
- Form:
- Decision
- Addressee:
- The twenty-seven Member States: Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, United Kingdom
- Additional information:
- EEA relevance
- Treaty:
- Treaty on the Functioning of the European Union , Treaty on European Union
- Legal basis:
-
- 32006L0022 - A11P3 32006L0022 - A13
- Link
- Link
- Link
- Select all documents mentioning this document No data available in the table
- Modifies:
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Relation Act Comment Subdivision concerned From To Modifies 32007D0230 Replacement annex 14/12/2009
No data available in the table
- Modified by:
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Relation Act Comment Subdivision concerned From To Corrected by 32009D0959R(01) (PL) Corrected by 32009D0959R(02) (BG, CS) Corrected by 32009D0959R(03) (LT) - Affected by case:
-
- Declared valid 62019CJ0096
- Interpreted by 62019CJ0096
- Preliminary question submitted by 62019CN0096
- Instruments cited:
- Link
- EUROVOC descriptor:
- Subject matter:
- Directory code:
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Official Journal
|
16.12.2009 |
EN |
Official Journal of the European Union |
L 330/80 |
COMMISSION DECISION
of 14 December 2009
amending Decision 2007/230/EC on a form concerning social legislation relating to road transport activities
(notified under document C(2009) 9895)
(Text with EEA relevance)
(2009/959/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
Having regard to Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (1), and in particular Articles 11(3) and 13 thereof,
Whereas:
|
(1) |
The primary source of information at the roadside checks is the recordings made in the tachograph. The lack of records should only be justified where tachograph records, including manual entries, were not possible for objective reasons. In such cases the attestation confirming such reasons should be established. |
|
(2) |
The form of attestation provided in the Annex to Commission Decision 2007/230/EC (2) proved to be insufficient to cover all cases where it is technically impossible to record a driver’s activities on the recording equipment. |
|
(3) |
In order to enhance the efficiency and effectiveness of the checking by Member States of compliance with the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (3), the form should be modified by the insertion of additional elements to those indicated in Article 11(3) of Directive 2006/22/EC. |
|
(4) |
The form of attestation should be used only if the tachograph records, for objective technical reasons, are unable to demonstrate that the provisions of Regulation (EC) No 561/2006 have been respected. |
|
(5) |
The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 18(1) of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (4), |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2007/230/EC is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 14 December 2009.
For the Commission
Antonio TAJANI
Vice-President
(1) OJ L 102, 11.4.2006, p. 35.
(2) OJ L 99, 14.4.2007, p. 14.
All