Prováděcí rozhodnutí Komise (EU) 2018/1614 ze dne 25. října 2018, kterým se stanoví specifikace registrů vozidel uvedených v článku 47 směrnice Evropského parlamentu a Rady (EU) 2016/797 a kterým se mění a zrušuje rozhodnutí Komise 2007/756/ES (Text s významem pro EHP.)

Identifier:
32018D1614
Status:
effective
Text language:
en

THE EUROPEAN COMMISSION,

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

Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European UnionOJ L 138, 26.5.2016, p. 44 . , and in particular Article 47(2) and (5) thereof,

This Decision amends common specifications for the national vehicle registers and lays down the technical and functional specifications for the European Vehicle Register.

OJ L 138, 26.5.2016, p. 44 .

(1) To ensure traceability of vehicles and their history, vehicles should be registered under a European vehicle number in a vehicle register. The rules for the establishment of the European vehicle number should be harmonised to ensure that vehicles are registered in the same way throughout the Union.

(2) Vehicles are currently registered in national vehicle registers and each Member State manages its national vehicle register. There is a need to improve the usability of national vehicle registers and to avoid redundant registration of one vehicle in several vehicle registers, including vehicle registers of third countries connected to the Virtual Vehicle Register. Commission Decision 2007/756/ECCommission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30 ). should therefore be amended accordingly.

(3) The cost-benefit analysis performed by the European Union Agency for Railways (the Agency) highlighted significant advantages for the Union rail system stemming from the establishment of a European Vehicle Register that would replace national vehicle registers.

(4) To reduce administrative burden and costs for Member States and stakeholders, the Commission should adopt technical and functional specifications for the European Vehicle Register which would incorporate the national vehicle registers.

(5) The Agency should set up and maintain, where relevant in cooperation with the national registration entities, the European Vehicle Register. The national safety authorities, investigating bodies, and in response to any legitimate request, the regulatory bodies, and the Agency, the railway undertakings and the infrastructure managers, as well as those persons or organisations registering vehicles or identified in the register should be able to consult the European Vehicle Register.

(6) Member States should designate a registration entity responsible for the registering of vehicles and the processing and update of information in relation to vehicles that entity has registered in the European Vehicle Register.

(7) Keepers should fill in an application for registration with the required information and be able to submit its application via web-based tool using a harmonised e-form. Keepers should ensure that vehicle data submitted to registration entities is up-to-date and accurate.

(8) Member States should be responsible for ensuring the quality and the integrity of vehicle data registered by the designated registration entity in the European Vehicle Register in accordance with Article 22 of Directive (EU) 2016/797 while the Agency should be responsible for the development and maintenance of the European Vehicle Register IT system in accordance with this Decision.

(9) The European Vehicle Register should be a centralised register which provides a harmonised interface to all users for the consultation, registration of vehicle and data management.

(10) There is a need for technical development and testing of the European Vehicle Register functionalities. The European Vehicle Register should however be operational on 16 June 2021 in accordance with Article 47(5) of Directive (EU) 2016/797.

(11) In order to address Member States' specific needs, some national vehicle registers are used for other purposes than to ensure the traceability of vehicles and their history. To allow for the adaptation of national registers not specifically used for vehicle registration to interface with the European Vehicle Register, the migration towards the centralised registration of vehicles should be progressive. After the introduction of the European Vehicle Register, Member States should therefore be given the possibility to use a de-centralised registration function until 16 June 2024 while other functions should be centralised from 16 June 2021 . After 16 June 2024 all Member States should use only the centralised registration function.

(12) The European Vehicle Register should allow for the registering of specific additional information required by Member States. Keepers should provide additional information required by a Member State when submitting an application for registration to that Member State.

(13) In order to facilitate the use of vehicles registered in the European Vehicle Register in third countries, in particular those applying the provisions of the Convention concerning international carriage by rail to which the European Union is party, the relevant data of the European Vehicle Register should be accessible to authorising competent authorities in these third countries. For this purpose, the Agency should facilitate the implementation of Decisions adopted in accordance with the Convention concerning international carriage by rail of 9 May 1980 , as amended by the Vilnius Protocol of 3 June 1999 .

(14) On 21 December 2016 , the Agency issued a recommendation on the specifications of the national vehicle register indicating possibilities of improvement of the usability of national vehicle registers. On 14 December 2017 , the Agency issued a recommendation on the specifications for the European Vehicle Register.

(15) The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797,

The Annex to Decision 2007/756/EC is amended in accordance with Annex I to this Decision.

Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30 ).

Article 1 Article 1 Subject matter

Article 2 Article 2 Amendments to common specifications for the national vehicle registers

Article 3 Article 3 Withdrawal of redundant registrations 1.The keeper shall ensure that redundant registrations of vehicles pursuant to point 3.2.5(1) of the Annex to Decision 2007/756/EC as amended by Commission Decision 2011/107/EUCommission Decision 2011/107/EU of 10 February 2011 amending Decision 2007/756/EC adopting a common specification of the national vehicle register (OJ L 43, 17.2.2011, p. 33 ). are withdrawn from the national vehicle registers within one year from 15 November 2018 . 2.The keeper shall ensure that redundant registrations of vehicles of third countries intended to run on the Union rail system and registered in a vehicle register in accordance with the specifications of the Annex to Decision 2007/756/EC and connected to the Virtual Vehicle Register specified in that Decision are withdrawn within one year from 15 November 2018 .

Article 4 Article 4 Specifications of the European Vehicle Register

Article 5 Article 5 Registration entity 1.Each Member State shall designate a registration entity independent of any railway undertaking which will be responsible for the processing of the applications and updating of data in the European Vehicle Register in relation to vehicles registered in that Member State by 15 May 2019 . 2.This registration entity may be the body designated in accordance with Article 4(1) of Decision 2007/756/EC. Member States shall ensure that those registration entities cooperate and share information in order to communicate the changes in the European Vehicle Register in a timely manner. 3.Where the registration entity is not the body designated in accordance with Article 4(1) of Decision 2007/756/EC, Member States shall inform the Commission and the other Member States by 15 November 2019 at the latest of the entity designated in accordance with paragraph 1.

Article 6 Article 6 Registration of vehicles authorised to be placed on the market 1.A keeper shall submit an application for registration through the European Vehicle Register to a Member State of its choice within the area of use of the vehicle. 2.Registration entities shall take reasonable steps to ensure the accuracy of the data registered in the European Vehicle Register. 3.Each registration entity shall be able to extract data of their recorded vehicle registrations.

Article 7 Article 7 Architecture of the European Vehicle Register 1.The Agency shall set up and maintain the European Vehicle Register in accordance with this Decision. 2.Following the migration referred to in Article 8, the European Vehicle Register shall be a centralised register and provide a harmonised interface to all users for the consultation, registration of vehicle and data management. 3.By derogation from paragraph 1, Member States may use the registration function referred to in point 2.1.4 of Annex II in a de-centralised manner until 16 June 2024 at the latest. 4.Member States shall notify the Agency by 15 May 2019 at the latest whether they intend to use the centralised registration function setup by the Agency or to set up a de-centralised registration function. They shall demonstrate how they plan to fulfil the conditions laid down in paragraph 5 by 16 June 2020 . 5.Where a Member State implements the registration function in a de-centralised manner, it shall ensure the compatibility and communication with the European Vehicle Register. It shall also ensure that the de-centralised registration function is operational in accordance with the European Vehicle Register specifications by 16 June 2021 at the latest. 6.Member States may at any time modify their decision to use a de-centralised registration function and instead opt in to the centralised registration function by notifying the Agency. The decision shall take effect six months from the notification.

Article 8 Article 8 Migration from the national vehicle registers to the European Vehicle Register 1.Member States shall ensure that data for registered vehicles is transferred from the national vehicle registers to the European Vehicle Register and this data shall be migrated by 16 June 2021 . During the migration, the Agency shall coordinate with the registration entities the transition from the respective national vehicle registers to the EVR and the Agency shall ensure the availability of the IT environment. 2.The Agency shall make the European Vehicle Register functions available to Member States by 15 November 2020 at the latest. 3.The Agency shall define the specifications for the implementation of the interfaces with the de-centralised registration function and make them available to the Member States by 16 January 2020 at the latest. 4.From 16 June 2021 , Member States shall register vehicles in the European Vehicle Register in accordance with Article 7. 5.From 16 June 2024 , Member States shall use the centralised registration function.

Article 9 Article 9 Repeal

Article 10 Article 10 Entry into force and application

The keeper shall ensure that redundant registrations of vehicles pursuant to point 3.2.5(1) of the Annex to Decision 2007/756/EC as amended by Commission Decision 2011/107/EUCommission Decision 2011/107/EU of 10 February 2011 amending Decision 2007/756/EC adopting a common specification of the national vehicle register (OJ L 43, 17.2.2011, p. 33 ). are withdrawn from the national vehicle registers within one year from 15 November 2018 .

The keeper shall ensure that redundant registrations of vehicles of third countries intended to run on the Union rail system and registered in a vehicle register in accordance with the specifications of the Annex to Decision 2007/756/EC and connected to the Virtual Vehicle Register specified in that Decision are withdrawn within one year from 15 November 2018 .

Commission Decision 2011/107/EU of 10 February 2011 amending Decision 2007/756/EC adopting a common specification of the national vehicle register (OJ L 43, 17.2.2011, p. 33 ).

The technical and functional specifications of the European Vehicle Register shall be those laid down in Annex II.

Each Member State shall designate a registration entity independent of any railway undertaking which will be responsible for the processing of the applications and updating of data in the European Vehicle Register in relation to vehicles registered in that Member State by 15 May 2019 .

This registration entity may be the body designated in accordance with Article 4(1) of Decision 2007/756/EC. Member States shall ensure that those registration entities cooperate and share information in order to communicate the changes in the European Vehicle Register in a timely manner.

Where the registration entity is not the body designated in accordance with Article 4(1) of Decision 2007/756/EC, Member States shall inform the Commission and the other Member States by 15 November 2019 at the latest of the entity designated in accordance with paragraph 1.

A keeper shall submit an application for registration through the European Vehicle Register to a Member State of its choice within the area of use of the vehicle.

Registration entities shall take reasonable steps to ensure the accuracy of the data registered in the European Vehicle Register.

Each registration entity shall be able to extract data of their recorded vehicle registrations.

The Agency shall set up and maintain the European Vehicle Register in accordance with this Decision.

Following the migration referred to in Article 8, the European Vehicle Register shall be a centralised register and provide a harmonised interface to all users for the consultation, registration of vehicle and data management.

By derogation from paragraph 1, Member States may use the registration function referred to in point 2.1.4 of Annex II in a de-centralised manner until 16 June 2024 at the latest.

Member States shall notify the Agency by 15 May 2019 at the latest whether they intend to use the centralised registration function setup by the Agency or to set up a de-centralised registration function. They shall demonstrate how they plan to fulfil the conditions laid down in paragraph 5 by 16 June 2020 .

Where a Member State implements the registration function in a de-centralised manner, it shall ensure the compatibility and communication with the European Vehicle Register. It shall also ensure that the de-centralised registration function is operational in accordance with the European Vehicle Register specifications by 16 June 2021 at the latest.

Member States may at any time modify their decision to use a de-centralised registration function and instead opt in to the centralised registration function by notifying the Agency. The decision shall take effect six months from the notification.

Member States shall ensure that data for registered vehicles is transferred from the national vehicle registers to the European Vehicle Register and this data shall be migrated by 16 June 2021 . During the migration, the Agency shall coordinate with the registration entities the transition from the respective national vehicle registers to the EVR and the Agency shall ensure the availability of the IT environment.

The Agency shall make the European Vehicle Register functions available to Member States by 15 November 2020 at the latest.

The Agency shall define the specifications for the implementation of the interfaces with the de-centralised registration function and make them available to the Member States by 16 January 2020 at the latest.

From 16 June 2021 , Member States shall register vehicles in the European Vehicle Register in accordance with Article 7.

From 16 June 2024 , Member States shall use the centralised registration function.

Decision 2007/756/EC is repealed with effect from 16 June 2021 .

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

Sections 2.2, 2.3, 2.4, 2.5, 3, 4.3, 5 of Annex II and Appendices 1 to 6 to that Annex shall apply from 16 June 2021 .

HAS ADOPTED THIS DECISION: