Commission Implementing Regulation (EU) 2019/1213 of 12 July 2019 laying down detailed provisions ensuring uniform conditions for the implementation of interoperability and compatibility of on-board weighing equipment pursuant to Council Directive 96/53/EC (Text with EEA relevance.)

1 This Regulation lays down uniform conditions for the interoperability and compatibility of on-board weighing equipment installed in vehicles or vehicle combinations for the purpose of ensuring compliance with Article 10d(4) to (5) of Council Directive 96/53/EC or the requirements on maximum weight for national traffic of the Member State where the vehicle is in use.

2 This Regulation shall not apply to Member States which have not opted for the introduction of on-board weighing equipment in accordance with Article 10d(1) of Directive 96/53/EC.

3 Member States may exempt from the obligation requiring the instalment of on-board weighing equipment in vehicles or vehicle combinations the design or type of load of which makes it impossible to exceed the maximum authorised weight. Those exemptions shall not be based on the technically permissible maximum laden mass of a vehicle indicated by the manufacturer. The vehicles or vehicle combinations which benefit from an exemption may still be subject to control by the competent authorities of the maximum authorised weight.

The following definitions shall apply: (a) ‘on-board weighing equipment’ (‘OBW’) means the equipment on-board a vehicle that is able to determine the total weight or the axle weight; (b) ‘total weight’ means the total weight of a motor vehicle and, in case of a vehicle combination, of the vehicle combination as determined by the OBW, in kilogram; (c) ‘axle weight’ or ‘axle load’ means the weight of a laden axle or group of axles as determined by the OBW, in kilogram; (d) ‘calculated weight’ or ‘weight value’ means either the total weight or the axle weight, in kilogram; (e) ‘motor vehicle unit’ (‘MVU’) means the part of the OBW placed in the motor vehicle, excluding the sensors, able to collect, store, process data and to calculate a weight value resulting from those data; (f) ‘trailer unit’ (‘TU’) means the part of the OBW placed in a trailer or semi-trailer, excluding the sensors, able to collect, store, process data from the trailer or semi-trailer equipment and to calculate axle weight values resulting from those data; (g) ‘dedicated short range communication vehicle unit’ (‘DSRC-VU’) means the ‘remote early detection facility’, as referred to in Appendix 14 to Annex IC to Commission Implementing Regulation (EU) 2016/799 , able to receive the OWS data from either the MVU or the C-ITS station and to send it to the REDCR; (h) ‘remote early detection communication reader’ (‘REDCR’) means the remote early detection communication reader held by the enforcement authorities, which is able to read the OWS data transmitted by the DSRC-VU. The REDCR may be the same device as the one used for reading the RTM data pursuant to Regulation (EU) 2016/799, although both the transmission of the RTM data and that of the OWS data shall be carried out under separate requests from the REDCR; (i) ‘weight data’ means the raw data transmitted between elements of the OBW that must be processed in order to obtain the calculated weight; (j) ‘on-board weighing system data’ (‘OWS data’) means the secured data of defined format requested by the REDCR from the DSRC-VU; (k) ‘sensor’ means the element of the OBW that is able to generate weight data by measuring specific physical parameters, being those data used by either the MVU or the TU for further processing; (l) ‘cooperative intelligent transport systems station’ (‘C-ITS station’) means the C-ITS station within the meaning of the delegated act supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the deployment and operational use of cooperative intelligent transport systems, adopted on the basis of Article 6(1) of that Directive; (m) ‘address assignment phase’ means the preliminary phase of electronic communication between vehicles of a vehicle combination whereby a position is assigned to each vehicle. (n) ‘on-board weighing equipment workshop’ (‘OBW-workshop’) means a workshop authorised by a Member State to perform inspections of on-board weighing equipment.

Member States shall ensure that there is at least one root certification authority, an enrolment authority and an authorisation authority able to carry out, for the purpose of on-board weighing equipment, the functions set out in the Certificate Policy for Deployment and Operation of European Cooperative Intelligent Transport Systems (C-ITS) referred to in the delegated act supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the deployment and operational use of cooperative intelligent transport systems, adopted on the basis of Article 6(1) of that Directive.

1 On-board weighing equipment shall be subject to a periodic inspection by an OBW-workshop every two years following its installation in the vehicle or vehicle combination.

2 Periodic inspections shall be performed in accordance with Annex IV.

3 The inspections shall ensure that the following requirements are complied with: (a) the on-board weighing equipment has been fitted in accordance with the documentation provided by the manufacturer and is appropriate for the vehicle; (b) the on-board weighing equipment is working properly and accurately delivers the weight values; (c) there are no manipulation devices attached to the on-board weighing equipment or traces of use of such devices.

4 At the end of the inspection, the OBW-workshop shall issue an inspection report of the on-board weighing equipment. A copy of the report shall be kept in the vehicle.

5 The inspection report shall contain, at least, the following information: (a) vehicle identification number (VIN number or chassis number); (b) place and date of the test; (c) test passed (yes/no); (d) identified deficiencies, including manipulation, as well as the remedies adopted; (e) date of the next periodic inspection or date of expiry of the current certificate, if this information is not provided by other means; (f) Name, address and identification number of the OBW-workshop and signature or identification of the inspector responsible for the inspection; (g) the mark, type, identification number, number of type examination certificate and date of last verification of the certified weighing device used for the periodic inspection.

6 Inspection reports shall be retained for a minimum period of two years from the time the report was made, although Member States may decide that the inspection reports are sent to the competent authority during that period. In cases where the inspection reports are kept by the OBW-workshop, the latter shall make available the reports of inspections and calibrations carried out during that period upon request from the competent authority.

1 Member States shall approve, regularly audit and certify the OBW-workshops allowed to perform inspections of on-board weighing equipment.

2 Member States shall ensure that OBW-workshops located in their territories perform inspections of on-board weighing equipment in a reliable way. For that purpose, they shall establish and publish a set of procedures ensuring that the following minimum criteria are met: (a) the staff of the OBW-workshop is properly trained; (b) the equipment necessary to carry out the relevant tests and tasks is available and has been certified according to Directive 2014/31/EU of the European Parliament and of the Council or Directive 2014/32/EU of the European Parliament and of the Council ; (c) the workshops are of good repute.

3 OBW-workshops shall be subject to the following audits: (a) at least every five years, to an audit performed by a supervising body on the procedures applied when handling on-board weighing equipment. The audit shall focus on the tasks and activities laid down in point 1 of Annex V to Directive 2014/45/EU; the supervising body shall fulfil the requirements laid down in point 2 of that Annex; (b) unannounced technical audits may also take place in order to check the installations, inspections and, where appropriate, calibrations carried out.

4 Member States shall take appropriate measures to prevent conflicts of interests between OBW-workshops and transport undertakings. In particular, where there is a serious risk of conflict of interests, including the ownership of OBW-workshops by transport undertakings, additional specific measures shall be taken to ensure that OBW-workshops comply with this Article.

5 The competent authorities of the Member States shall publish on their websites an updated list of OBW-workshops, with at least the following data: (a) workshop identification number and name of [entity/entities constituting] the workshop; (b) postal address; (c) email address; (d) telephone number.

6 The competent authorities in Member States shall withdraw approvals, either temporarily or permanently, from OBW-workshops which fail to meet their obligations under this Regulation.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 27 May 2021. However, points 1.4(d), 5.3 and 8.1 of Annex I, Annex II and points 3, 8.2 and 10 of Annex III shall apply from 27 May 2024.