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

Official Journal EN of the European Union L series 2024/846 31.5.2024 COMMISSION DELEGATED DIRECTIVE (EU) 2024/846 of 14 March 2024 amending Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC(1), and in particular Article 9(3) thereof, Whereas: (1) Under Article 9(1) of Directive 2006/22/EC, Member States should introduce a risk rating system for undertakings based on the relative number and gravity of any infringement of Regulation (EC) No 561/2006 of the European Parliament and of the Council(2) or of Regulation (EU) No 165/2014 of the European Parliament and of the Council(3) or of national provisions transposing Directive 2002/15/EC of the European Parliament and of the Council(4)that an individual undertaking has committed. (2) In accordance with Article 9(3) of Directive 2006/22/EC, a list of infringements of Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014 and their weighting of gravity is set out in Annex III of that Directive. (3) With a view to establishing or updating the weighting of gravity of infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014, the Commission is empowered to adopt delegated acts in accordance with Article 15a of Directive 2006/22/EC to amend Annex III to take account of regulatory developments and road safety considerations. (4) Regulation (EU) 2020/1054 of the European Parliament and of the Council(5)introduced new provisions as regards infringements leading to risks of serious injuries or fatalities or distortion of competition in the road transport market. Annex III of Directive 2006/22/EC should be amended to include these new infringements. (5) The category for the most serious infringements should include those in which failure to comply with the relevant provisions of Regulations (EC) No 561/2006 and (EU) No 165/2014 creates a serious risk of death or serious personal injury, (1) OJ L 102, 11.4.2006, p. 35. (2) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1). (3) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1). (4) Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35). (5) Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (OJ L 249, 31.7.2020, p. 1). ELI: http://data.europa.eu/eli/dir_del/2024/846/oj 1/6EN OJ L, 31.5.2024 HAS ADOPTED THIS DIRECTIVE: Article 1 Annex III to Directive 2006/22/EC is replaced by the text in the Annex to this Directive. Article 2 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 14 February 2025at the latest. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 3 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 4 Addressees This Directive is addressed to the Member States. Done at Brussels, 14 March 2024. For the Commission The President Ursula VON DER LEYEN 2/6 ELI: http://data.europa.eu/eli/dir_del/2024/846/ojEN OJ L, 31.5.2024 ANNEX Annex III to Directive 2006/22/EC is replaced by the following: ‘ANNEX III 1. Groups of infringements against Regulation of the European Parliament and of the Council (EC) No 561/2006(*)(Driving and resting time) LEVEL OF SERIOUSNESS EU LEGAL No TYPE OF INFRINGEMENT BASIS MSI VSI SI MI A Crew A1 Article 5.1 Not respecting minimum ages for conductors X B Driving periods B1 9h < … < 10h X Exceed daily driving time of 9h if possibilities to extend to 10h B2 10h ≤ … < 11h X not allowed B3 11h ≤ … X B4 Exceed daily driving time of 9h by 50 % or more 13h30 ≤ … X Article 6.1 B5 10h < … < 11h X Exceed extended daily driving time of 10h if extension B6 11h ≤ … < 12h X allowed B7 12h ≤ … X B8 Exceed daily driving time of 10h by 50 % or more 15h ≤ … X B9 56h < … < 60h X B10 Exceed weekly driving time 60h ≤ … < 65h X Article 6.2 B11 65h ≤ … < 70h X B12 Exceed weekly driving time by 25 % or more 70h ≤ … X B13 90h < … < 100h X 100h ≤ … B14 Exceed maximum total driving time during 2 consecutive X < 105h weeks Article 6.3 105h ≤ … B15 X < 112h30 Exceed maximum total driving time during 2 consecutive B16 112h30 ≤ … X weeks by 25 % or more ELI: http://data.europa.eu/eli/dir_del/2024/846/oj 3/6EN OJ L, 31.5.2024 C Breaks C1 4h30 < … < 5h X Exceed uninterrupted driving time of 4,5 hours before taking C2 Article 7 5h ≤ … < 6h X the break C3 6h ≤ … X D Rest Periods D1 10h ≤ … < 11h X Insufficient daily rest period of less than 11h if reduced daily D2 8h30 ≤ … < 10h X rest period not allowed D3 … < 8h30 X D4 8h ≤ … < 9h X Insufficient reduced daily rest period of less than 9h if reduce D5 7h ≤ … < 8h X allowed Article 8.2 D6 … < 7h X 3h + [8h ≤ … D7 X < 9h] Insufficient split daily rest period of less than 3h + 9h 3h + [7h ≤ … < D8 X 8h] D9 3h + [… < 7h] X D10 8h ≤ … < 9h X Insufficient daily rest period of less than 9h for multi-man­ D11 Article 8.5 7h ≤ … < 8h X ning D12 … < 7h X D13 22h ≤ … < 24h X D14 Insufficient reduced weekly resting period of less than 24 h 20h ≤ … < 22h X D15 … < 20h X Article 8.6 D16 42h ≤ … < 45h X Insufficient weekly resting period of less than 45 h if reduced D17 36h ≤ … < 42h X weekly resting period not allowed D18 … < 36h X D19 … < 3h X Exceeding 6 consecutive 24-hour periods following the pre­ D20 Article 8.6 3h ≤ … < 12h X vious weekly rest period D21 12h ≤ … X No compensation for two consecutive reduced weekly rest D22 Article 8.6b X periods Regular weekly rest period or any weekly rest period of more D23 Article 8.8 X than 45 hours taken in a vehicle 4/6 ELI: http://data.europa.eu/eli/dir_del/2024/846/ojEN OJ L, 31.5.2024 The employer not covering any costs for accommodation D24 Article 8.8 X outside the vehicle E 12-day rule derogation E1 … < 3h X Exceeding 12 consecutive 24-hour periods following a pre­ E2 Article8.6a. 3h ≤ … < 12h X vious regular weekly rest E3 12h ≤ … X E4 67h <…<69h X Article8.6a. Weekly rest period taken following 12 consecutive 24-hour E5 65h < … ≤ 67h X (b)(ii) periods E6 … ≤ 65h X E7 3h < … < 4,5 h X Article8.6a. Driving period, between 22:00 and 6:00, of more than 3 (d) hours before the break, if the vehicle is not multi-manned E8 4,5 h ≤ … X F Work organisation Transport undertaking not organising the work of drivers in such a way that the drivers are able to return to the employer’s F1 Article 8.8a X operational centre, or to return to the drivers’ place of resi­ dence Link between wage/payment and distance travelled, speed of F2 Article. 10.1 X delivery and/or amount of goods carried No or improper organisation of driver's work, no or improper F3 Article. 10.2 instructions given to driver enabling him to comply with the X law (*) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1). 2. Groups of infringements against Regulation (EU) No 165/2014 of the European Parliament and of the Council(*)(Tachograph) LEVEL OF SERIOUSNESS No LEGAL BASIS TYPE OF INFRINGEMENT MSI VSI SI G Installation of tachograph Articles 3(1), (4), G1 Not having type-approved tachograph installed and used X (4a) and Article 22 H Use of tachograph, driver card or record sheet H1. Article 23(1) Using a tachograph not inspected by an approved workshop X H2. Driver holding and/or using more than one own driver card X H3 Driving with a driver card that has been falsified (considered as driving without driver card) X Article 27 Driving with a driver card of which the driver is not the holder (considered as driving without H4. X driver card) Driving with a driver card which has been obtained on the basis of false declarations and/or H5. X forged documents (considered as driving without driver card) ELI: http://data.europa.eu/eli/dir_del/2024/846/oj 5/6EN OJ L, 31.5.2024 Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and H6 Article 32(1) X sealed) Article 32(1) and Tachograph improperly used (e.g.: deliberate, voluntary or imposed misuse, lack of instructions on H7 X Article 33(1) correct use, etc.) Having in the vehicle and/or using a fraudulent device able to modify the records of the H8. X tachograph Article 32(3) Falsifying, concealing, supressing or destroying data recorded on the record sheets or H9 X stored and downloaded from the tachograph and/or the driver card H10 Undertaking not keeping record sheets, printouts and downloaded data X Article 33(2) H11 Recorded and stored data not available for at least a year X H12 Incorrect use of record sheets/driver card X Unauthorised withdrawal of record sheets or driver card which has an impact on the record H13 X Article 34(1) of relevant data Record sheet or driver card used to cover a period longer than that for which it is intended H14 X and data is lost H15. Article 34(2) Use dirty or damaged record sheets or driver card and data not legible X H16 Article 34(3) Not using manual input when required to do so X H17. Article 34(4) Not using correct record sheet or driver card not in the correct slot (multi-manning) X H18 Article 34(5) Incorrect use of switch mechanism X I Producing information Article 34(5), I1. Incorrect use or non-use of the ferry/train sign X point (b)(v) I2 Article 34(6) Required information not entered on the record sheet X Records not showing the symbols of the countries whose borders were crossed by the dri­ I3. Article 34(7) X ver during the daily working period Records not showing the symbols of the countries where the driver’s daily working period I4 Article 34(7) X started and finished I5. Article 36 Refusing to be checked X Unable to produce manual records and printouts made during the current day and the previous 28 days (until 30 December 2024) I6 Article 36 X Unable to produce manual records and printouts made during the current day and the previous 56 days (as of 31 December 2024) I7 Article 36 Unable to produce a driver card, if the driver holds one X J Malfunctioning Article 37(1) and J1. Tachograph not repaired by an approved fitter or workshop X Article 22(1) Driver not marking all required information for the periods of time, which are no longer J2 Article 37(2) X recorded while tachograph is unserviceable or malfunctioning (*) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).’ 6/6 ELI: http://data.europa.eu/eli/dir_del/2024/846/oj