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THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 in conjunction with Article 218(9) thereof,Having regard to the proposal from the European Commission,Whereas:
(1)The Agreement between the European Union and Ukraine on the carriage of freight by roadnote (the ‘Agreement’) was signed by the Union on 29 June 2022 pursuant to Council Decision (EU) 2022/1158note and entered into provisional application on that date. It was concluded by the Union by Council Decision (EU) 2022/2435note and entered into force on 5 December 2022.
(2)The Agreement was amended by the Agreement between the European Union and Ukraine amending the Agreement between the European Union and Ukraine on the carriage of freight by road of 29 June 2022note, which was signed by the Union on 20 June 2024 pursuant to Council Decision (EU) 2024/1876note and entered into provisional application on that date.
(3)Pursuant to Article 7 of the Agreement, the Joint Committee established by paragraph 1 of that Article is to periodically review the functioning of the Agreement in light of its objectives, and may adopt decisions to that effect.
(4)The Joint Committee, in its third meeting, is to adopt a decision on the recognition of smart tachographs used by transport operators from both Parties to the Agreement which operate under the Agreement in both the Union and Ukraine, and on the provision by the European Commission of smart tachograph certification services to Ukraine.
(5)It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee, as the envisaged decision of the Joint Committee will be binding on the Union.
(6)Since 2019, vehicles registered in the Union are to be equipped with a smart tachograph compliant with Chapter II of Regulation (EU) No 165/2014 of the European Parliament and of the Councilnote, while, since 2010, vehicles engaged in international road transport registered in Ukraine are to be equipped with digital tachographs in compliance with the European Agreement concerning the work of crews of vehicles engaged in international transportnote (the ‘AETR’).
(7)In comparison to the digital tachograph, the smart tachograph contains key additional functionalities as set out in Articles 8, 9 and 10 of Regulation (EU) No 165/2014, which allow better enforcement of the Agreement. The recording of the position of the vehicle enables better enforcement of Article 4 of the Agreement, while the remote early detection capability enables better enforcement of Article 5D(2), point (c)(ii), of the Agreement.
(8)In order to ensure the correct functioning of the Agreement in light of its objectives, it should allow road haulage operators to use more effective control devices than the digital tachographs provided under the AETR, as the result could otherwise be less effective enforcement by the competent authorities.
(9)More detailed tachograph records, as provided by the smart tachograph, would therefore significantly improve implementation of the Agreement, through the authorised use of such records under Article 5B(4) thereof.
(10)In order to ensure the correct functioning of the Agreement in light of its objectives, vehicles operating under the Agreement should therefore be allowed to install and use, in the Union and in Ukraine, smart tachographs complying with the relevant requirements of Regulation (EU) No 165/2014 and Commission Implementing Regulation (EU) 2016/799note. That does not, however, prevent vehicles operating under the Agreement from continuing to use digital tachographs in accordance with the AETR.
(11)The European Commission should be responsible for providing the necessary certificates and keys for Ukraine to develop its smart tachograph infrastructure. Ukraine should therefore recognise the role of the European Commission in the functioning of the smart tachograph system.
(12)The position of the Union within the Joint Committee should therefore be based on the draft Decision of the Joint Committee attached to this Decision,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be taken on the Union’s behalf in the third meeting of the Joint Committee established by Article 7(1) of the Agreement between the European Union and Ukraine on the carriage of freight by road, as regards the recognition of smart tachographs for the enforcement of that Agreement and the provision by the European Commission of smart tachograph certification services to Ukraine, shall be based on the draft Decision of the Joint Committee attached to this Decision.Minor changes to the draft Decision of the Joint Committee may be agreed by the representatives of the Union in the Joint Committee without a further decision of the Council.
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