Prováděcí nařízení Komise (EU) 2016/480 ze dne 1. dubna 2016 o zavedení společných pravidel pro propojení vnitrostátních elektronických rejstříků podniků silniční dopravy a o zrušení nařízení (EU) č. 1213/2010 (Text s významem pro EHP)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/ECOJ L 300, 14.11.2009, p. 51 . , and in particular Article 16(5) thereof,

This Regulation lays down the requirements regarding the connection of the national electronic registers on road transport undertakings to the ERRU messaging system, as set out in Article 16(5) of Regulation (EC) No 1071/2009.

OJ L 300, 14.11.2009, p. 51 .

(1) Article 16(1) of Regulation (EC) No 1071/2009 establishes the obligation for Member States to keep a national electronic register of road transport undertakings which have been authorised by a competent authority to engage in the occupation of road transport operator. The relevant data contained in the national electronic registers should be made accessible to all the competent authorities of the other Member States. Article 16(5) and (6) of Regulation (EC) No 1071/2009 require the national electronic registers to be interconnected by 31 December 2012 , mandating the Commission to adopt common rules concerning such interconnection. On the basis of this mandate, the Commission adopted Regulation (EU) No 1213/2010Commission Regulation (EU) No 1213/2010 of 16 December 2010 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (OJ L 335, 18.12.2010, p. 21 ). , in order to facilitate the interconnection of the national electronic registers through a message exchange system called ERRU (European Registers of Road Transport Undertakings). The latter became operational on 31 December 2012 .

(2) During the last 3 years of operation of ERRU, the Commission, along with experts from Member States, has identified a certain number of aspects related to the practical use of ERRU that do not fully correspond to the administrative processes set up in Member States.

(3) It is therefore necessary to address the shortcomings that have been identified in the daily operation of ERRU, aligning it with the relevant provisions of Regulation (EC) No 1071/2009, Regulation (EC) No 1072/2009 of the European Parliament and of the CouncilRegulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72 ). and Regulation (EC) No 1073/2009 of the European Parliament and of the CouncilRegulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300 14.11.2009, p. 88 ). , as well as guaranteeing that ERRU is used in a uniform manner by competent authorities throughout the EU. Moreover, it is necessary to adapt the existing rules to the technical and scientific progress.

(4) Commission Regulation (EU) 2016/403Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (OJ L 74, 19.3.2016, p. 8 ). with regard to the classification of serious infringements of the Union rules, sets out a new list of categories, types and degrees of seriousness of serious infringements of Union rules, which in addition to those set out in Annex IV to Regulation (EC) No 1071/2009, may lead to the loss of good repute of the road transport undertaking or the transport manager. It is therefore necessary to enable ERRU to transmit information on the new list of infringements.

(5) The provisions on personal data protection, as laid down in particular by Directive 95/46/EC of the European Parliament and of the CouncilDirective 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31 ). , apply to the processing of any personal data pursuant to Regulation (EC) No 1071/2009. In particular, Member States must implement appropriate security measures to prevent misuse of personal data.

(6) Where applicable, the provisions on personal data protection, as laid down by Regulation (EC) No 45/2001 of the European Parliament and of the CouncilRegulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1 ). apply to the processing of any personal data pursuant to Regulation (EC) No 1071/2009.

(7) Due to substantial amount of changes which should be made to the common rules for the implementation of the interconnection of the national electronic registers, it is necessary to replace Regulation (EU) No 1213/2010 by a new act. Regulation (EU) No 1213/2010 should therefore be repealed.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 42(1) of Regulation (EU) No 165/2014 of the European Parliament and of the CouncilRegulation (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 ). ,

For the purpose of this Regulation and in addition to the definitions laid down in Article 2 of Regulation (EC) No 1071/2009, the following definitions shall apply:

(a) ERRU (European Registers of Road Transport Undertakings) means a system of interconnection of national electronic registers, set up in accordance Article 16(5) of Regulation (EC) No 1071/2009;

(b) Asynchronous interface means a process whereby a message in response to a request is returned on a new HTTP connection;

(c) Broadcast search means a request message from a Member State addressed to all other Member States;

(d) Central hub means the information system enabling the routing of ERRU messages between Member States;

(e) CPC means certificate of professional competence, as referred to in Article 8(8) of Regulation (EC) No 1071/2009;

(f) Member State of infringement means the Member State in which a transport undertaking has committed an infringement;

(g) Member State of establishment means the Member State in which an undertaking is established;

(h) National system means the information system set up in each Member State for the purpose of emitting, processing and responding to ERRU messages;

(i) Synchronous interface means a process whereby a message in response to a request is returned on the same HTTP connection as the one used for the request;

(j) Requesting Member State means the Member State emitting a request or a notification, which is then routed to the responding Member States;

(k) Responding Member State means the Member State to whom the ERRU request or notification is directed.

Commission Regulation (EU) No 1213/2010 of 16 December 2010 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (OJ L 335, 18.12.2010, p. 21 ).

Article 1 Article 1 Subject matter

Article 2 Article 2 Definitions

Article 3 Article 3 Obligation to connect to ERRU

Article 4 Article 4 Technical specifications

Article 5 Article 5 Use of ERRU 1.When exchanging information through ERRU, the competent authorities shall follow the procedures set out in Annex VIII to this Regulation. 2.Member States shall grant their control bodies in charge of roadside checks access to the ERRU Check Community Licence functionality. 3.In cases where several national control bodies are involved in roadside checks, the Member State shall decide which ones of those bodies shall be granted the access referred to in paragraph 2.

Article 6 Article 6 Repeal

Article 7 Article 7 Entry into force

Member States shall carry out the interconnection of the national electronic registers referred to in Article 16 of Regulation (EC) No 1071/2009 to ERRU in accordance with the procedures and technical requirements laid down in this Regulation.

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72 ).

ERRU shall fulfil the technical specifications laid down in Annexes I to VII to this Regulation.

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300 14.11.2009, p. 88 ).

When exchanging information through ERRU, the competent authorities shall follow the procedures set out in Annex VIII to this Regulation.

Member States shall grant their control bodies in charge of roadside checks access to the ERRU Check Community Licence functionality.

In cases where several national control bodies are involved in roadside checks, the Member State shall decide which ones of those bodies shall be granted the access referred to in paragraph 2.

Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (OJ L 74, 19.3.2016, p. 8 ).

Regulation (EU) No 1213/2010 is hereby repealed as from the date of application of this Regulation. References to the repealed Regulation shall be construed as references to this Regulation.

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31 ).

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 30 January 2019 .

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1 ).

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 ).

HAS ADOPTED THIS REGULATION: