BAKGRUNN (fra kommisjonsforordningen)

(1) Regulation (EU) 2019/2144 lays down a general obligation for motor vehicles to be equipped with certain advanced vehicle systems. Annex II to that Regulation should list requirements for the type-approval of motor vehicles with regard to their event data recorders and for the type-approval of those systems as separate technical units. It is necessary to supplement those requirements by establishing detailed harmonised rules on the specific test procedures and technical requirements for such type-approval.

(2) The technical requirements and test procedures set out in this Regulation concern motor vehicle categories M2, M3, N2 and N3, in accordance with the applicable dates for refusal to grant EU type-approval regarding those categories of motor vehicles set out in Regulation (EU) 2019/2144.

(3) In accordance with Article 3, point (13), of Regulation (EU) 2019/2144, the event data recorder is a system with the only purpose of recording and storing critical crash-related parameters and information shortly before, during and immediately after a collision with a view to obtain more accurate, in-depth accident data enabling Member States to conduct road safety analysis and assess the effectiveness of specific measures.

(4) The test procedures and detailed technical requirements for type-approval of vehicle types with regard to event data recorders are subject to the provisions of UN Regulation No 169 (2). That UN Regulation should therefore be added to the list of applicable requirements referred to in Articles 4(5) of Regulation (EU) 2019/2144.

(5) UN Regulation No 169 includes the requirements regarding data elements that event data recorders are to record, the format of those data, the requirements for data capture, recording and on-board storing, as well as requirements on survivability.

(6) In order to ensure that vehicle manufacturers take appropriate measures to ensure the protection of the event data recorder’s data against manipulation and the availability of the event data recorder’s data over the standardised interface, and to enable those data to be anonymised, those requirements should be supplemented with additional requirements for data retrieval, privacy and security of data.

(7) To ensure that the data recorded by the event data recorders remain anonymised, the manufacturers should be obliged to take appropriate measures preventing that those data are reported or retrieved together with any information related to a natural person.

(8) Until standardised communication protocols for access and retrieval of event data are in place through a Commission delegated act, vehicle manufacturers should provide information to relevant parties on how to access, retrieve and interpret the data in the event data recorder.

(9) Event data recorders’ correct operational status, as well as their correct functionality and software integrity, should be verified by periodic roadworthiness tests of vehicles.

(10) The table containing the list of requirements in Annex II to Regulation (EU) 2019/2144 does not contain any reference to regulatory acts as regards event data recorders for categories M2, M3, N2 and N3. It is therefore necessary to introduce a reference to this Regulation and UN Regulation No 169 in that Annex.

(11) Regulation (EU) 2019/2144 should therefore be amended accordingly.

(12) The provisions of this Regulation are closely interlinked as those provisions set out rules on the technical requirements for the type-approval of motor vehicles with regard to their event data recorder, as well as for the type-approval of event data recorders as a separate technical unit. As a result of the rules laid down in this Regulation, it is necessary to add the reference to this Regulation and UN Regulation No 169 in Annex II to Regulation (EU) 2019/2144. It is therefore appropriate to lay down those provisions in a single Delegated Regulation.

(13) As the requirements of Regulation (EU) 2019/2144 as regards event data recorders for vehicles of categories M2, M3, N2 and N3 are to apply from 7 January 2026, this Regulation should apply from the same date,