Commission Implementing Regulation (EU) 2022/695 of 2 May 2022 laying down rules for the application of Directive 2006/22/EC of the European Parliament and of the Council as regards the common formula for calculating the risk rating of transport undertakings

Article 1

The common formula for calculating the risk rating of a transport undertaking and the requirements for its application are laid down in the Annex.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

COMMON FORMULA FOR CALCULATING THE RISK RATING OF TRANSPORT UNDERTAKINGS AND THE REQUIREMENTS FOR ITS APPLICATION

ANNEXSupplementary provisions

ANNEX COMMON FORMULA FOR CALCULATING THE RISK RATING OF TRANSPORT UNDERTAKINGS AND THE REQUIREMENTS FOR ITS APPLICATION (1) The overall risk rating of a transport undertaking shall be calculated using the following common formula: Where: R — the undertaking’s overall risk rating n — number of infringements of a given type per individual check (all types of controls). i — individual check v — weighted score according to type/seriousness of infringement (MI/SI/VSI/MSI) MSI — most serious infringement VSI — very serious infringement SI — serious infringement MI — minor infringement N — number of vehicles controlled during an individual check r — total number of checks on the undertaking g — weighting for the use of the smart tachograph pursuant to Chapter II of Regulation (EU) No 165/2014 (2) The following principles and elements shall be used when applying the common formula: (3) The period of time during which an infringement is counted in the formula shall be 2 years. (4) Transport operators shall be classified into the following risk bands based on their score: — operators on which no checks were performed (grey band) — 0-100 points: low-risk operators (green band) — 101-200 points: medium-risk operators (amber band) — 201 points or more: high risk operators (red band) (5) The weighted score of an individual check (‘i’) shall be calculated by applying the following weighting factors (‘v’) according to the type of infringement:   MI = 1   SI = 10   VSI = 30   MSI = 90 (6) An undertakings’ final risk rating shall take into account the total number of checks carried out (‘r’), both at the roadside and at its premises, including those checks where no infringements were detected. (7) Checks where no infringements are detected shall be recorded with zero points. (8) The weighted score of an individual check shall take into account all the vehicles checked (‘N’). (9) The date of infringement that is taken into account in the common formula is deemed the date on which the infringement has become definitive, i.e. no longer subject to review. Infringements shall be counted only once in the formula. (10) If a check at a transport undertaking’s premises establishes that its whole fleet is equipped with the smart tachograph pursuant to Chapter II of Regulation (EU) No 165/2014, its final score shall be multiplied by a factor of 0,9 (‘g’).