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Proposal for a Regulation of the European Parliament and of the Council on electronic freight transport information - Four column document

Inhoud

1.

Tekst

Council of the European Union

Brussels, 18 June 2019 (OR. en)

10296/19

Interinstitutional File: 2018/0140(COD)

TRANS 380 MAR 121 MI 521 COMER 86 CYBER 206 ENFOCUSTOM 118 DATAPROTECT 169 CODEC 1231

WORKING DOCUMENT

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: 9181/19

No. Cion doc.: 9060/1/18 REV 1 + ADD 1

Subject: Proposal for a Regulation of the European Parliament and of the Council on electronic freight transport information

  • Four column document

In view of the Intermodal Transport Working Party on 8 July 2019, delegations will find attached

the first draft of the four-column document. The suggested Council position is based on the General

Approach (doc. 9181/19).

The fourth column suggests a preliminary classification of issues into three categories of political

importance, as evaluated by the Presidency:

• "A" is an editorial issue;

• "B" is a technical issue that can be resolved in the technical meetings; and

• "C" is a major policy question.

Delegations are invited to examine the amendments of the European Parliament and indicate, where

possible, their flexibility.

ANNEX

Proposal for a Regulation of the European Parliament and of the Council on electronic freight transport information

COM proposal, COM(2018) European Parliament/ 0279 final/2 Plenary report P8_TA-

General approach Compromise proposal by the

PROV(2019)0139 doc. ST 9181/19 Presidency / remarks

  • 1. 
    THE EUROPEAN THE EUROPEAN PARLIAMENT PARLIAMENT AND THE AND THE COUNCIL OF THE

    COUNCIL OF THE EUROPEAN EUROPEAN UNION, UNION,

  • 2. 
    Having regard to the Treaty on the Having regard to the Treaty on the A Functioning of the European Functioning of the European Union,

    Union, and in particular Article and in particular Article 91 and 91, Article 100(2) and Article Article 100(2) and Article 192(1) 192(1) thereof, thereof,

  • 3. 
    Having regard to the proposal Having regard to the proposal from from the European Commission, the European Commission,
  • 4. 
    After transmission of the draft After transmission of the draft legislative act to the national legislative act to the national

    parliaments, parliaments,

  • 5. 
    Having regard to the opinion of Having regard to the opinion of the the European Economic and European Economic and Social

    Social Committee 1 , Committee 1 ,

____________ ____________

  • (1) 
    OJ C , , p. . (1) OJ C , , p. .

ANNEX TREE.2.A EN

  • 6. 
    Having regard to the opinion of Having regard to the opinion of the the Committee of the Regions 2 , Committee of the Regions 2 ,

____________ ____________

  • (2) 
    OJ C , , p. . (2) OJ C , , p. .
  • 7. 
    Acting in accordance with the Acting in accordance with the ordinary legislative procedure, ordinary legislative procedure,
  • 8. 
    Whereas:
  • 9. 
    Amendment 1

    Recital 1

  • 10. 
    (1) The efficiency of freight (1) The efficiency of freight (1) The efficiency of freight A

    transport and logistics is vital for transport and logistics is vital for transport and logistics is vital for the competitiveness of the Union the growth and competitiveness the competitiveness of the Union economy, the functioning of the of the Union economy, the economy, the functioning of the internal market and the social and functioning of the internal market internal market and the social and economic cohesion of all regions and the social and economic economic cohesion of all regions of of the Union. cohesion of all regions of the the Union. Union.

  • 11. 
    Amendment 2 Recital 1 a (new)
  • 12. 
    (1a) The purpose of this B

    Regulation is to reduce the costs of processing transport information between authorities and economic operators, to improve the enforcement capabilities of the authorities and

ANNEX TREE.2.A EN

to encourage the digitalisation of the freight transport and logistics.

  • 13. 
    Amendment 3 Recital 2
  • 14. 
    (2) The movement of goods is (2) The movement of goods is (2) The movement of goods, A

    accompanied by a large amount of accompanied by a large amount of including waste, is accompanied information which is still information which is still by a large amount of information exchanged in paper format, exchanged in paper format, which is still exchanged in paper among businesses and between among businesses and between format, among businesses and businesses and the public businesses and the public between businesses and the public authorities. The use of paper authorities. The use of paper competent authorities. The use of documents represents a significant documents represents a significant paper documents represents a administrative burden for logistic administrative burden and an significant administrative burden operators. additional cost for logistic for logistic operators. operators and related industries (such as trade and manufacturing), in particular for SMEs, and has a negative impact on the environment.

ANNEX TREE.2.A EN

  • 15. 
    Amendment 4 Recital 2 a (new)
  • 16. 
    (2a) Effective and efficient B

    enforcement of the rules is a prerequisite for fair competition in the internal market. Further digitalisation of enforcement tools is essential in order to free up enforcement capacity, reduce unnecessary administrative burdens on international transport operators and in particular SMEs, better target high-risk transport operators and detect fraudulent practices. This digital, "smart" enforcement necessitates all relevant information to become paperless and be available for competent authorities in electronic form. Therefore, the use of electronic transport documents should in the future become the rule. Furthermore, in order to provide enforcement officials, including those performing roadside checks, with a clear and complete overview of the transport operators being checked, they should have direct and real-time access to all relevant information, so as to be able to

ANNEX TREE.2.A EN

detect infringements and abnormalities quicker and more efficiently.

  • 17. 
    Amendment 5 Recital 3
  • 18. 
    (3) The absence of a uniform (3) The absence of a uniform (3) The absence of a uniform A

    legal framework at Union level legal framework at Union level legal framework at Union level requiring public authorities to requiring public authorities to requiring public competent accept relevant freight transport accept relevant freight transport authorities to accept relevant information, required by information, required by freight transport information, legislation, in electronic form, is legislation, in electronic form, is required by legislation, in considered to be the main reason considered to be the main reason electronic form, is considered to be for the lack of progress towards for the lack of progress towards the main reason for the lack of the simplification and greater the simplification and greater progress towards the simplification efficiency made possible by efficiency made possible by and greater efficiency made available electronic means. The available electronic means. The possible by available electronic lack of acceptance by public lack of acceptance by public means. The lack of acceptance by authorities of information in authorities of information in public competent authorities of electronic form affects not only electronic form affects not only information in electronic form ease of communication between ease of communication between affects and with common them and operators but, indirectly, them and operators but, indirectly, specifications would ease not only also hampers the development of also hampers the development of ease of communication between simplified business-to-business simplified business-to-business them and operators but, indirectly, electronic communication across electronic communication across also hampers the development of a the Union. the Union and will lead to an uniform and simplified businessincrease in administrative costs, to-business electronic especially for SMEs. communication across the Union.

ANNEX TREE.2.A EN 19. Amendment 6

Recital 4

  • 20. 
    (4) Some areas of Union (4) Some areas of Union (4) Some areas of Union C - linked to mandatory vs.

    transport law require competent transport law require competent transport law require competent voluntary application. authorities to accept digitised authorities to accept digitised authorities to accept digitised information, but this concerns by information, but this concerns by information, but this concerns by far not all relevant Union far not all relevant Union far not all relevant Union legislation. It should be possible legislation. To reduce legislation. It should be possible to to use electronic means to make administrative burdens and to use electronic means to make regulatory information on freight make controls and countering regulatory information on freight transport available to the infringements more efficient, it transport of goods available to the authorities throughout the territory should always be possible to use competent authorities throughout of the Union and in respect of all electronic means to make the territory of the Union and in relevant phases of transport regulatory information on freight respect of all relevant phases of operations conducted within the transport available to the transport operations conducted Union. Furthermore, that authorities throughout the territory within the Union. Furthermore, that possibility should apply to all of the Union and in respect of all possibility should apply to all regulatory information, in all relevant phases of transport regulatory information, in all transport modes. operations conducted within the transport modes. Union. Furthermore, that possibility should apply to all regulatory information, in all transport modes. Member States should accept electronic transport documents in general, and ratify and apply the e-CMR protocol without delay. Therefore, authorities should communicate electronically with the economic operators concerned as regards regulatory information and make their own

ANNEX TREE.2.A EN

data digitally available, in line with applicable law.

  • 21. 
    (5) Member States’ authorities (5) Member States’ Competent A

    should therefore be required to authorities should therefore be accept information made available required to accept information electronically whenever made available electronically economic operators are obliged to whenever economic operators are make information available as obliged to make information proof of compliance with available as proof of compliance requirements laid down in Union with requirements laid down in acts adopted in accordance Title Union acts adopted in accordance VI of Part Three of the Treaty or, Title VI of Part Three of the Treaty given the similarity of the or, given the similarity of the situations, with Union legislation situations, with Union legislation on the shipments of waste. The on the shipments of waste.covered same should apply where a by this Regulation. The same Member State’s national should apply where a Member legislation dealing with matters State’s national legislation dealing governed by Title VI of Part with matters governed by Title VI Three of the Treaty requires the of Part Three of the Treatylaw provision of regulatory requires the provision of regulatory information identical, in whole or information identical, in whole or in part, to information to be in part, to information to be provided under such Union provided under such Union legislation. legislationacts.

  • 22. 
    Amendment 7 Recital 5 a (new)
  • 23. 
    (5a) In order to reduce C - linked to mandatory vs.

    administrative burden and to free

ANNEX TREE.2.A EN

up scarce enforcement capacity, voluntary application. economic operators should be required to provide electronically regulatory information to Member States’ competent authorities and Member States’ competent authorities should communicate electronically with the economic operators concerned as regards the provision of regulatory information.

  • 24. 
    Amendment 8 Recital 6
  • 25. 
    (6) Since this Regulation is only (6) Since this Regulation is only (6) Since this Regulation is only B

    intended to facilitate the provision intended to facilitate and intended to facilitate the provision of information, specifically, by encourage the provision of of information, specifically, by electronic means, it should not information between economic electronic means, it should not affect the provisions of Union or operators and administrative affect the provisions of Union or national law determining the bodies, specifically, by electronic national law determining the content of regulatory information means, it should not affect the content of regulatory information and, in particular, should not provisions of Union or national and, in particular, should not impose any additional regulatory law determining the content of impose any additional regulatory information requirements. While regulatory information and, in information requirements. While this Regulation is intended to particular, should not impose any this Regulation is intended to allow allow compliance with regulatory additional regulatory information compliance with regulatory information requirements through requirements. Since this information requirements through electronic means rather by means Regulation is intended to allow electronic means rather than by of paper documents, it should not compliance with regulatory means of paper documents, it otherwise affect the relevant information requirements through should not otherwise affect the Union provisions on requirements electronic means rather by means possibility for the economic

ANNEX TREE.2.A EN

regarding the documents to be of paper documents, it should operators concerned to present used for the structured enable the development of that information in paper format, presentation of the information in European Platforms in order to as provided for in the relevant question. The provisions of Union exchange and easily share the Union or Member States’ acts, legislation on shipments of waste information. It should not nor the relevant Union provisions containing procedural otherwise affect the relevant on requirements regarding the requirements for the shipments as Union provisions on requirements documents to be used for the should equally remain unaffected regarding the documents to be structured presentation of the by this Regulation. This used for the structured information in question. In respect Regulation should also be without presentation of the information in The provisions of Regulation (EC) prejudice to the provisions on question. The provisions of Union 1013/2006 1 Union legislation on reporting obligations set out in legislation on shipments of waste shipments of waste the provisions Regulation (EU) No 952/2013 or containing procedural containing procedural requirements in implementing or delegated acts. requirements for the shipments as for the shipments asof waste and should equally remain unaffected the provisions referring to by this Regulation. This controls by customs offices should Regulation should also be without equally remain unaffected by this prejudice to the provisions on Regulation. This Regulation should reporting obligations set out in also be without prejudice to the Regulation (EU) No 952/2013 or provisions on reporting obligations, in implementing or delegated acts including in respect of the adopted under its terms. However, customs or other authorities the Commission should assess if competences, as set out in the provisions regarding the Regulation (EU) No 952/2013 2 or content of regulatory information in implementing or delegated acts requirements regarding the adopted under its terms or in transport of goods on the Regulation (EU) no. XXX/2019

ANNEX TREE.2.A EN

territory of the Union need to be on EMSWe. adapted in order to improve the

enforcement capabilities of the ___________

competent authorities. 1 Regulation (EC) No

1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1). Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

2 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

  • 26. 
    (7) The use of electronic means (7) The use of electronic means

    for the exchange of information in for the exchange of information in accordance with this Regulation accordance with this Regulation should be organised in a way that should be organised in a way that ensures security and respects the ensures security and respects the confidentiality of sensitive confidentiality of sensitive commercial information. commercial information.

  • 27. 
    (8) In order to enable operators (8) In order to enable operators to C - linked to IA vs DA issue.

    to provide relevant information in provide relevant information in electronic form in the same way in electronic form in the same way in all Member States, it is necessary all Member States, it is necessary

ANNEX TREE.2.A EN

to rely on common specifications, to rely on common specifications, to be adopted by the Commission. to be adopted by the Commission. Those specifications should through implementing acts. ensure data interoperability for the Those specifications should ensure various data sets and subsets data interoperability by concerning the relevant regulatory establishing a single information, and determine comprehensive data set to be common procedures and detailed used for the various data sets and rules for access and processing of subsets concerningelectronic that information by the competent communication of the relevant authorities. regulatory information, and. This comprehensive data set should contain all data elements corresponding to the information requirements contained in each of the respective Union and Member State legal acts, where all data elements common to one or more subsets is included only once. Those specifications should also determine common procedures and detailed rules for access and processing of that information by the competent authorities.

  • 28. 
    Amendment 9 Recital 9
  • 29. 
    (9) In defining those (9) In defining those (9) In defining those

specifications, due account should specifications, due account should specifications, due account should

B

be taken of relevant data exchange be taken of relevant data exchange be taken of relevant data exchange specifications laid down in specifications laid down in specifications laid down in relevant

relevant Union law, and in relevant Union law, and in Union law, and in relevant European and international

ANNEX TREE.2.A EN

relevant European and relevant European and standards for multimodal data international standards for international standards for exchange, including multimodal multimodal data exchange, as well multimodal data exchange, standards, as well as of the as of the principles and including the GDPR provisions. principles and recommendations set recommendations set out in the Investments made by economic out in the European Interoperability European Interoperability operators and therefore already 3 Framework , which provides an Framework 3 , which provides an existing mode specific data approach to the delivery of approach to the delivery of models should also be taken into European digital public services European digital public services account, as well as the principles commonly agreed by the Member commonly agreed by the Member and recommendations set out in States. Due care should also be States. Due care should also be the European Interoperability taken that these specifications taken that these specifications Framework 3 , which provides an remain technology neutral and open remain technology neutral and approach to the delivery of to innovative technologies. open to innovative technologies. European digital public services ____________ commonly agreed by the Member

____________ States. Furthermore, the proper (3) European Interoperability

  • (3) 
    European Interoperability engagement of all relevant

    Framework – Implementation

Framework – Implementation stakeholders is important in the

Strategy, Communication from the

Strategy, Communication from development and preparation of

Commission to the European

the Commission to the European those specifications. Due care

Parliament, the Council, the

Parliament, the Council, the should also be taken that these

European Economic and Social

specifications remain technology Committee and the Committee of

European Economic and Social

Committee and the Committee of neutral and open to innovative

the Regions (COM(2017) 134).

the Regions (COM(2017) 134). technologies.

____________

  • (3) 
    European Interoperability Framework – Implementation Strategy, Communication from the Commission to the European Parliament, the Council, the European Economic and Social

ANNEX TREE.2.A EN

Committee and the Committee of the Regions (COM(2017) 134).

  • 30. 
    9(a) With a view to minimising

    costs for both authorities and B

    operators, the establishment of access points for the competent authorities could be considered. These access points would act only as intermediaries between the eFTI platforms and the competent authorities, and should therefore neither store nor process the eFTI data to which they mediate access except for metadata connected to eFTI data processing, such as operation logs necessary for monitoring or statistical purposes. One or more Member States could also agree to establish joint access points for their respective competent authorities.

  • 31. 
    (10) This Regulation should (10) This Regulation should B

    establish the functional establish the functional requirements applicable to requirements applicable to information and communication information and communication technology based platforms which technology (ICT) based platforms could be used by economic (eFTI platforms) which operators to make available the couldshould be used by economic regulatory freight transport operators to make available the

ANNEX TREE.2.A EN

information in electronic format regulatory freight transport (eFTI) to the competent information in electronic format authorities (eFTI platforms). (eFTI) to the competent authorities Conditions should also be (eFTI platforms).in order to meet established for third party eFTI the conditions for mandatory platform services providers (eFTI acceptance of this information by services providers). authorities, as laid down in this Regulation. Conditions should also be established for third party eFTI platform services providers (eFTI services providers). Those requirements and conditions should ensure, in particular, that all eFTI data can be processed solely according to a comprehensive rights- based access-control system that provides assigned functionalities.

  • 32. 
    Amendment 10 Recital 11
  • 33. 
    (11) To build the confidence of (11) To build the confidence of (11) To build the confidence of B

    both the Member States both the Member States both the Member States authorities authorities and the economic authorities and the economic and the economic operators as operators as regards the operators as regards the regards the compliance of the eFTI compliance of the eFTI platforms compliance of the eFTI platforms platforms and eFTI services and eFTI services providers with and eFTI services providers with providers with those functional those requirements, the Member those requirements, the Member requirements, the Member States States competent authorities States competent authorities competent authorities should put in should put in place a certification should put in place a certification place a certification system system underpinned by system underpinned by underpinned by accreditation in accreditation in accordance with accreditation in accordance with accordance with Regulation (EC)

ANNEX TREE.2.A EN

Regulation (EC) 765/2008 of the Regulation (EC) 765/2008 of the 765/2008 of the European European Parliament and of the European Parliament and of the Parliament and of the Council 3 .

Council 4 . Council 4 . Due to the relatively ICT systems already in use

long implementation period the should also be eligible to apply

____________ Commission should assess if for certification under this

the European Parliament and of technology could guarantee a they comply with the

the Council of 9 July 2008 setting similar result as the certification requirements for eFTI platforms

out the requirements for system while substantially laid down in this Regulation.

accreditation and market bringing down costs for ____________

surveillance relating to the economic operators and Member (4) 4 Regulation (EC) No 765/2008 of marketing of products and States. the European Parliament and of the

repealing Regulation (EEC) No ____________ Council of 9 July 2008 setting out

339/93 (OJ L 218 13.8.2008, the requirements for accreditation p.30). (4) 4 Regulation (EC) No 765/2008 of and market surveillance relating to the European Parliament and of the marketing of products and the Council of 9 July 2008 setting repealing Regulation (EEC) No out the requirements for 339/93 (OJ L 218 13.8.2008, p.30).

accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218 13.8.2008, p.30).

  • 34. 
    (11a) Notwithstanding the B

    obligation for all competent authorities to accept the information made available through a certified eFTI

ANNEX TREE.2.A EN

platform in accordance with this Regulation, the competent authorities may also accept information delivered electronically through other systems if the Member State so chooses. At the same time, this Regulation should not prevent business-to-business use, as well as additional functionalities, of the eFTI platforms, as long as this does not affect the processing of the regulatory information falling under the scope of this Regulation in compliance with the Regulation’s requierements.

  • 35. 
    Amendment 11 Recital 12
  • 36. 
    (12) In order to ensure uniform deleted (12) In order to ensure uniform C - linked to IAs / DAs

    conditions for the implementation conditions for the implementation of the obligation to accept the of the obligation to accept the regulatory information made regulatory information made available in electronic format available in electronic format pursuant to this Regulation, pursuant to this Regulation, implementing powers should be implementing powers should be conferred on the Commission. conferred on the Commission. Those powers should be exercised Those powers should be exercised in accordance with Regulation in accordance with Regulation (EU) (EU) No 182/2011 of the No 182/2011 of the European European Parliament and of the Parliament and of the Council 5 . Council 5 .

ANNEX TREE.2.A EN

____________ ____________

  • (5) 
    Regulation (EU) No 182/2011 of (5) Regulation (EU) No 182/2011 of the European Parliament and of the European Parliament and of the the Council of 16 February 2011 Council of 16 February 2011 laying laying down the rules and general down the rules and general

    principles concerning mechanisms principles concerning mechanisms for control by the Member States for control by the Member States of of the Commission's exercise of the Commission's exercise of implementing powers (OJ L 55, implementing powers (OJ L 55, 28.2.2011, p. 13). 28.2.2011, p. 13).

  • 37. 
    Amendment 12 Recital 13
  • 38. 
    (13) In particular, implementing deleted (13) In particular, implementing C - linked to IAs / DAs

    powers should be conferred on the powers should be conferred on the Commission to establish a Commission to establish a common common data set and subsets in data set and subsets in relation to relation to the respective the respective regulatory regulatory information information requirements covered requirements covered by this by this Regulation, as well as Regulation, as well as common common procedures and detailed procedures and detailed rules for rules for competent authorities for competent authorities for the the access to and processing of that access to and processing of that information where the economic information where the economic operators concerned make this operators concerned make this information available information available electronically, including detailed electronically, including detailed rules and technical specifications. rules and technical specifications.

ANNEX TREE.2.A EN

  • 39. 
    Amendment 13 Recital 14
  • 40. 
    (14) Implementing powers deleted (14) Implementing powers should C - linked to IAs / DAs

    should also be conferred on the also be conferred on the Commission to establish detailed Commission to establish detailed rules for the implementation of rules for the implementation of the the requirements for eFTI requirements for eFTI platforms platforms and for eFTI services and for eFTI services providers. providers.

  • 41. 
    (15) In order to ensure the proper (15) In order to ensure the proper A

    application of this Regulation, the application of this Regulation, the power to adopt acts in accordance power to adopt acts in accordance with Article 290 of the Treaty on with Article 290 of the Treaty on the Functioning of the European the Functioning of the European Union should be delegated to the Union should be delegated to the Commission: Commission:

    • to amend Part B of Annex I, in - to amend Part B of Annex I, in order to incorporate the lists of order to incorporate the lists of regulatory information regulatory information requirements in Member States’ requirements in Member States’ legislation notified to the legislation notified to the Commission by the Member Commission by the Member States States in accordance with this in accordance with this Regulation; Regulation; - to amend Part A of Annex I to - to amend Part A of Annex I to take into account any delegated or take into account any delegated or implementing acts adopted by the implementing acts adopted by the Commission which establish new Commission which establish new Union regulatory information Union regulatory information requirements in relation to the

ANNEX TREE.2.A EN

requirements in relation to the transport of goods; transport of goods; - to amend Part B of Annex I to - to amend Part B of Annex I to incorporate any new provision of incorporate any new provision of relevant national legislationlaw relevant national legislation which which introduces changes to the introduces changes to the national national regulatory information regulatory information requirements, or lays down new requirements, or lays down new relevant regulatory information relevant regulatory information requirements falling under the requirements falling under the scope of this Regulation notified to scope of this Regulation notified the Commission by the Member to the Commission by the States in accordance with this Member States in accordance with Regulation; this Regulation; - to supplement certain technical

  • to supplement certain technical aspects of this Regulation, namely aspects of this Regulation, namely as regards the rules for certification as regards the rules for of eFTI platforms and of eFTI

    certification of eFTI platforms and services providers. eFTI services providers.

  • 42. 
    Amendment 14 Recital 15– indent 4 a (new)
  • 43. 
    - to establish common C

    procedures, technical specifications and detailed rules for competent authorities for the access to and processing of the respective information requirements covered by this Regulation, as well as detailed rules for the implementation of

ANNEX TREE.2.A EN

the requirements for eFTI platforms and for eFTI services providers.

  • 44. 
    (16) It is of particular importance (16) It is of particular importance

    that the Commission carry out that the Commission carry out appropriate consultations during appropriate consultations during its its preparatory work, including at preparatory work, including at expert level, and that those expert level, and that those consultations be conducted in consultations be conducted in accordance with the principles accordance with the principles laid laid down in the Interinstitutional down in the Interinstitutional Agreement of 13 April 2016 on Agreement of 13 April 2016 on Better Law-Making 6 . In Better Law-Making 6 . In particular, particular, to ensure equal to ensure equal participation in the participation in the preparation of preparation of delegated acts, the delegated acts, the European European Parliament and the Parliament and the Council Council receive all documents at receive all documents at the same the same time as Member States' time as Member States' experts, experts, and their experts and their experts systematically systematically have access to have access to meetings of meetings of Commission expert Commission expert groups groups dealing with the preparation dealing with the preparation of of delegated acts. delegated acts. ____________

____________ (6) 6 OJ L 123, 12.5.2016, p. 1

  • (6) 
    6 OJ L 123, 12.5.2016, p. 1
  • 45. 
    (17) Since the objectives of this (17) Since the objectives of this A

ANNEX TREE.2.A EN

Regulation, namely to ensure a Regulation, namely to ensure a uniform approach to acceptance uniform approach to acceptance by by Member State authorities of Member State competent freight transport information made authorities of freight transport available electronically, cannot be information made available sufficiently achieved by the electronically, cannot be Member States but can rather, by sufficiently achieved by the reason of the need to establish Member States but can rather, by common requirements, be better reason of the need to establish achieved at Union level, the common requirements, be better Union may adopt measures, in achieved at Union level, the Union accordance with the principle of may adopt measures, in accordance subsidiarity as set out in Article 5 with the principle of subsidiarity as of the Treaty on European Union. set out in Article 5 of the Treaty on In accordance with the principle European Union. In accordance of proportionality, as set out in with the principle of that Article, this Regulation does proportionality, as set out in that not go beyond what is necessary Article, this Regulation does not go in order to achieve those beyond what is necessary in order objectives. to achieve those objectives.

  • 46. 
    (18) Processing by electronic (18) Processing by electronic

    means of personal data required as means of personal data required as part of freight transport regulatory part of freight transport regulatory information should be carried out information should be carried out in in accordance with Regulation accordance with Regulation (EU) (EU) 2016/679 of the European 2016/679 of the European Parliament and of the Council 7 . Parliament and of the Council 7 .

____________ ____________

  • (7) 
    7 Regulation (EU) 2016/679 of (7) 7 Regulation (EU) 2016/679 of the

    the European Parliament and of European Parliament and of the

ANNEX TREE.2.A EN

the Council of 27 April 2016 on Council of 27 April 2016 on the the protection of natural persons protection of natural persons with with regard to the processing of regard to the processing of personal personal data and on the free data and on the free movement of movement of such data, and such data, and repealing Directive repealing Directive 95/46/EC 95/46/EC (General Data Protection (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. Regulation) (OJ L 119, 4.5.2016, 1). p. 1).

  • 47. 
    (19) The Commission should (19) The Commission should carry

    carry out an evaluation of this out an evaluation of this Regulation. Information should be Regulation. Information should be collected in order to inform this collected in order to inform this evaluation, and to assess the evaluation, and to assess the performance of the legislation performance of the legislation against the objectives it pursues. against the objectives it pursues.

  • 48. 
    (20) This Regulation cannot be (20) This Regulation cannot be

    effectively applied before the effectively applied before the delegated and implementing acts delegated and implementing acts provided for in it have entered provided for in it have entered into into force. This Regulation should force. This Regulation should therefore apply with effect from therefore apply with effect from [please insert the date], in order to [please insert the date], in order to give the Commission time to give the Commission time to adopt adopt those acts. those acts.

ANNEX TREE.2.A EN

  • 49. 
    Amendment 15 Recital 20 (new)
  • 50. 
    (20a) The Commission should A

    start immediately to work on the necessary delegated acts in order to avoid further delays and to ensure that economic operators and Member States have enough time to prepare.

  • 51. 
    (21) The European Data (21) The European Data

    Protection Supervisor was Protection Supervisor was consulted in accordance with consulted in accordance with Article 28(2) of Regulation (EC) Article 28(2) of Regulation (EC) No 45/2001 of the European No 45/2001 of the European

    Parliament and of the Council 8 Parliament and of the Council 8 and

    and delivered an opinion on xx delivered an opinion on xx XXX XXX 20xx 9 , 20xx 9 ,

____________ ____________

  • (8) 
    9 Regulation (EC) No 45/2001 of (8) 9 Regulation (EC) No 45/2001 of the European Parliament and of the European Parliament and of the the Council of 18 December 2000 Council of 18 December 2000 on on the protection of individuals the protection of individuals with with regard to the processing of regard to the processing of personal personal data by the Community data by the Community institutions institutions and bodies and on the and bodies and on the free

    free movement of such data (OJ L movement of such data (OJ L 8, 8, 12.1.2001, p. 1). 12.1.2001, p. 1)

ANNEX TREE.2.A EN

9 OJ C…. 9 OJ C….

  • 52. 
    HAVE ADOPTED THIS REGULATION:
  • 53. 
    CHAPTER I

    GENERAL PROVISIONS

  • 54. 
    Article 1 Article 1

    Subject matter and scope Subject matter and scope

  • 55. 
    Amendment 16 Article 1 – paragraph 1 – introductory part
  • 56. 
    1. This Regulation establishes 1. This Regulation establishes 1. This Regulation establishes a B

    a legal framework for the a legal framework for the legal framework for the electronic electronic communication of electronic communication of communication of regulatory regulatory information related to regulatory information related to information between the economic the transport of goods on the the transport of goods on the operators concerned and territory of the Union. For that territory of the Union, including competent authorities related to purpose, this Regulation: its interoperability. For that the transport of goods on the purpose, this Regulation: territory of the Union. For that purpose, this Regulation:

ANNEX TREE.2.A EN

  • 57. 
    Amendment 17 Article 1 – paragraph 1 – point a
  • 58. 
    a) lays down the conditions a) lays down the conditions (a) lays down the conditions A

    under which Member States’ under which Member States’ under which Member States’ competent authorities are required competent authorities are required competent authorities are required to accept regulatory information to accept regulatory information to accept regulatory information when made available provided electronically by when made available electronically electronically by economic economic operators concerned; by economic operators concerned; operators concerned;

  • 59. 
    Amendment 18 Article 1 – paragraph 1 – point a a (new)
  • 60. 
    (aa) lays down the conditions C

    under which the economic operators concerned are required to make regulatory information electronically available to the Member States´ competent authorities;

  • 61. 
    b) lays down rules for the (b) lays down rules for the A

    provision of services related to provision of services related to making regulatory information making regulatory information available electronically by the available electronically by the economic operators concerned. economic operators concerned to the competent authorities.

ANNEX TREE.2.A EN

  • 62. 
    Amendment 19 Article 1 – paragraph 1 – point a b (new)
  • 63. 
    (ab) lays down the conditions C

    under which Member States’ competent authorities have to communicate electronically with the economic operators concerned as regards the provision of regulatory information.

  • 64. 
    Amendment 20 Article 1 – paragraph 2 – subparagraph 1
  • 65. 
    2. This Regulation applies to 2. This Regulation applies to 2. This Regulation applies to:

regulatory information regulatory information (a) regulatory information

C - linked to scope.

requirements set out in Union acts requirements set out in Union acts requirements set out in Union acts laying down the conditions for the laying down the conditions for the laying down the conditions for the transport of goods on the territory transport of goods on the territory transport of goods on the territory of the Union in accordance with of the Union in accordance with of the Union in accordance with Title VI of Part Three of the Title VI of Part Three of the Title VI of Part Three of the Treaty, Treaty, or laying down the Treaty, or laying down the or laying down the conditions for conditions for the shipments of conditions for the shipments of the shipments of waste. In respect waste. In respect of the shipment waste and regulatory information of the shipment of waste:

of waste, this Regulation does not requirements for the transport of apply to controls by customs goods set out in international offices, as provided for in the conventions applicable in the applicable Union provisions. The Union. In respect of the shipment Union acts to which this of waste, this Regulation does not Regulation applies and the apply to controls by customs corresponding regulatory offices, as provided for in the

ANNEX TREE.2.A EN

information requirements are applicable Union provisions. The listed in part A of Annex I. Union acts to which this Regulation applies and the

This Regulation also applies to corresponding regulatory regulatory information information requirements are requirements set out in Member listed in part A of Annex I.

States’ law dealing with matters governed by Title VI of Part Three of the Treaty and requiring the provision of information identical, in whole or in part, to the information to be provided pursuant to regulatory information requirements referred to in the first subparagraph.

4 EEC Council: Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community (OJ English special edition: Series I Volume 1959-1962 p. 60).

5 Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).

6 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).

ANNEX TREE.2.A EN

  • - 
    in respect of of Directive 2008/68/EC 8 , chapter 5.4 of the Annexes to RID, ADR and ADN as referred to in Annex I, section I.1, Annex II, section II.1 and Annex III, section III.1 of that Directive 9 .
  • 67. 
    In respect of the shipment of waste C

    Regulation (EC) 1013/2006, this Regulation does not apply to controls by customs offices, as provided for in the applicable Union provisions. The Union acts to which this Regulation applies and the corresponding regulatory information requirements are listed in part A of Annex I.

  • 68. 
    (b) regulatory information C

    requirements laid down in a delegated or implementing act adopted by the Commission pursuant to legislative acts referred to in point (a) or

7 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

8 Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13–59).

9 References to ADR, RID and ADN must be understood within the meaning of Article 2(1), 2(2) and 2(3) of Directive 2008/68/EC.

ANNEX TREE.2.A EN

pursuant to Directive 2016/797/EU 10 or to Regulation (EC) No 300/2008 11 . Those delegated or implementing acts to which this Regulation applies and the corresponding regulatory information requirements areshall be listed in part A of Annex I.

This Regulation also applies to

  • 69. 
    The national legislation and the (c) regulatory information C

    corresponding regulatory requirements set out in national information requirements referred law and listed in Part B of Annex to in the second subparagraph I. shall be listed in part B of Annex I, in accordance with the procedure set out in Article 2(b).

  • 70. 
    3. By [OP insert one year from 3. By [OP insert one year from C

    the entry into force of this the entry into force of this Regulation] at the latest, the Regulation] at the latest, the Member States shall notify the Member States shall notify the Commission of the provisions of Commission of the provisions of national legislation and national law legislation and corresponding regulatory corresponding regulatory information requirements referred information requirements referred to in the second subparagraph of to that require the provision of

10 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 Union (OJ L 138, 26.5.2016, p. 44).

11 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72).

ANNEX TREE.2.A EN

paragraph 2, to be included in part information identical, in whole or B of Annex I. The Member States in part, to the information to be shall also notify the Commission provided pursuant to regulatory of any new provision of national information requirements referred legislation subsequently adopted, to in paragraphs 2(a) and 2(b) the covered by the second second subparagraph of paragraph subparagraph of paragraph 2, and 2, to be included in part B of Annex which introduces changes to those I. The Member States shall also regulatory information notify the Commission of any new requirements or lays down new provision of national legislation relevant regulatory information subsequently adopted, covered by requirements, within a month the second subparagraph of from the adoption of such paragraph 2, and which introduces provision. changes to those regulatory information requirements or lays down new relevant regulatory information requirements, within a month from the adoption of such provision.

  • 71. 
    Subsequent to that notification, C

    the Member States shall notify the Commission of law that:

  • 72. 
    (a) introduces changes to C

    regulatory information requirements listed in part B of Annex I; or

  • 73. 
    (b) lays down new relevant C

    regulatory information requirements, identical, in whole or in part, to the information to

ANNEX TREE.2.A EN

be provided pursuant to regulatory information requirements referred to in paragraphs 2(a) and 2(b).

  • 74. 
    Member States shall make such B

    notifications within one month from the adoption of such provision.

  • 75. 
    Article 2

    Adaptation of Annex I Article 2 Adaptation of Annex I

  • 76. 
    The Commission is empowered to The Commission is empowered C

    adopt delegated acts in accordance toshall adopt delegated acts in with Article 13, concerning the accordance with Article 13, amendment of Annex I in order concerning the amendment to: ofamending Annex I in order to:

  • 77. 
    a) include a reference to any (a) include include a reference to B

    delegated or implementing acts any delegated or implementing acts adopted by the Commission, adopted by the Commission, which which establish new regulatory establish new regulatory information requirements in information requirements referred relation to Union legal acts to in relation to Union legal acts governing the transport of goods governing the transport of goods in in accordance with Title VI of accordance with Title VI of Part Part Three of the Treaty; Three of the Treaty;Article 1(2)(b);

ANNEX TREE.2.A EN

  • 78. 
    Amendment 21

    Article 2 – paragraph 1 – point b a (new)

  • 79. 
    b) incorporate include references (ba) incorporate references to (b) incorporate or delete C

    to national legislation and other Union legal acts governing references to national regulatory information the transport of goods, which legislationlaw and regulatory requirements notified by Member establish regulatory information information requirements notified States in accordance with Article requirements; by Member States in accordance 1(3). with the notifications made under Article 1(3).

  • 80. 
    Amendment 22 Proposal for a regulation

    Article 2 – paragraph 1 – point b b (new)

  • 81. 
    (bb) incorporate references C

    to international conventions applicable in the Union establishing regulatory information requirements directly or indirectly related to the transport of goods.

ANNEX TREE.2.A EN 82. Article 3 Article 3

Definitions Definitions

  • 83. 
    For the purposes of this For the purposes of this Regulation,

    Regulation, the following the following definitions apply: definitions apply:

  • 84. 
    1) 'regulatory information' 1) 'regulatory information' A

    means information, whether or not means information, whether or not presented as a document, related presented as a document, related to to transport of cargo in the transport of cargogoods in the territory of the Union, including territory of the Union, including by by way of transit, which is to be way of transit, which is to be made made available by an economic available by an economic operator operator concerned in accordance concerned in accordance with the with the provisions referred to in provisions referred to in Article Article 1(2) in order to prove 1(2) in order to prove compliance compliance with the relevant with the relevant requirements of requirements of the acts the acts concerned; concerned;

  • 85. 
    2) 'regulatory information 2) 'regulatory information

    requirement' means a requirement requirement' means a requirement to provide regulatory information; to provide regulatory information;

  • 86. 
    (2a) 'competent authority' A

    means any public authority, agency or other body which has competence to perform tasks under the acts referred to in

ANNEX TREE.2.A EN

Article 1(2) and for which access to regulatory information is necessary, such as checking, enforcing, validating or monitoring compliance on the territory of a Member State;

  • 87. 
    3) 'electronic freight transport (3) 'electronic freight transport A

    information' (eFTI) means any set information' (eFTI) means any set of data elements processed on of data elements processed on electronic support for purposes of electronic support for purposes of exchanging regulatory exchanging regulatory information information between the betweenamong the economic economic operators concerned operators concerned and with the and with the competent public competent public authorities; authorities;

  • 88. 
    (3a) ‘eFTI data subset’ means B

    the set of structured data elements corresponding to the regulatory information required in a specific Union or Member State legal act referred to in Article 1(2).

  • 89. 
    (3b) ‘eFTI common data set’ B

    means the comprehensive set of structured data elements corresponding to all the eFTI data subsets, where the data elements common to the different eFTI data subsets are included

ANNEX TREE.2.A EN

only once;

  • 90. 
    (3c) ‘data element’ means the B

    smallest unit of information which has a unique definition and precise technical characteristics such as format, length and character type;

  • 91. 
    4) ‘processing’ means any 4) ‘processing’ means any

    operation or set of operations operation or set of operations performed on eFTI, whether or performed on eFTI, whether or not not by automated means, such as by automated means, such as collection, recording, collection, recording, organisation, organisation, structuring, storage, structuring, storage, adaptation or adaptation or alteration, retrieval, alteration, retrieval, consultation, consultation, use, disclosure by use, disclosure by transmission, transmission, dissemination or dissemination or otherwise making otherwise making available, available, alignment or alignment or combination, combination, restriction, erasure or restriction, erasure or destruction; destruction;

  • 92. 
    (4a) ‘operation log’ means an B

    automated record of electronic processing of eFTI.

  • 93. 
    5) ‘eFTI platform’ means any 5) ‘eFTI platform’ means any

    information and communication information and communication technology (ICT) based solution, technology (ICT) based solution, such as an operating system, an such as an operating system, an operating environment, or a operating environment, or a database, intended to be used for database, intended to be used for

ANNEX TREE.2.A EN

the processing of eFTI; the processing of eFTI;

  • 94. 
    6) ‘eFTI platform developer’ 6) ‘eFTI platform developer’

    means any natural or legal person means any natural or legal person which has developed or acquired which has developed or acquired an an eFTI platform either for eFTI platform either for purposes of purposes of processing of processing of regulatory regulatory information related to information related to its own its own economic activity, or for economic activity, or for putting putting that platform on the that platform on the market; market;

  • 95. 
    7) 'eFTI service' means a 7) 'eFTI service' means a service

    service consisting of eFTI consisting of eFTI processing by processing by means of an eFTI means of an eFTI platform, alone or platform, alone or in combination in combination with other ICT with other ICT solutions, solutions, including other eFTI including other eFTI platforms; platforms;

  • 96. 
    8) ‘eFTI service provider’ 8) ‘eFTI service provider’

    means any natural or legal person means any natural or legal person which provides an eFTI service to which provides an eFTI service to economic operators concerned on economic operators concerned on the basis of a contract; the basis of a contract;

  • 97. 
    9) ‘economic operator 9) ‘economic operator

    concerned’ means any transport or concerned’ means any transport or logistic operator, or any other logistic operator, or any other natural or legal person, who is natural or legal person, who is responsible for making regulatory responsible for making regulatory information available to the information available to the competent authorities in competent authorities in accordance accordance with the relevant with the relevant regulatory

ANNEX TREE.2.A EN

regulatory information information requirement; requirement;

  • 98. 
    10) 'human-readable format' 10) 'human-readable format'

    means a way of representation of means a way of representation of the data in electronic form that the data in electronic form that can can be used as information by a be used as information by a natural natural person without requiring person without requiring any any further processing; further processing;

  • 99. 
    11) 'machine-readable format' 11) 'machine-readable format'

    means a way of representation of means a way of representation of the data in electronic form that the data in electronic form that can can be used for automatic be used for automatic processing by processing by a machine; a machine;

  • 100. 
    12) ‘conformity assessment 12) ‘conformity assessment body’

    body’ means a conformity means a conformity assessment assessment body within the body within the meaning of point meaning of point 13 of Article 2 13 of Article 2 of Regulation (EC) of Regulation (EC) No 765/2008, No 765/2008, which is accredited which is accredited in accordance in accordance with that Regulation with that Regulation to carry out to carry out conformity assessment conformity assessment of an eFTI of an eFTI platform or an eFTI platform or an eFTI service service provider. provider.

ANNEX TREE.2.A EN 101. (13) 'shipment' means the A

transport of a determined set of goods, including waste, between the first place of pick-up and final place of delivery under the terms of a single transport contract or multiple consecutive transport contracts including, where applicable, the transfer between different modes of transport, irrespective of the quantity or number of containers, packages, or pieces concerned.

  • 102. 
    CHAPTER II CHAPTER II

    R EGULATORY INFORMATION MADE R EGULATORY INFORMATION MADE

    AVAILABLE ELECTRONICALLY AVAILABLE ELECTRONICALLY

ANNEX TREE.2.A EN

  • 103. 
    Amendment 23 Article 4 – title
  • 104. 
    Article 4 Requirements for the economic Article 4

    Requirements for economic operators concerned Requirements for economic optiterators concerned optiteratorsoperators concerned

  • 105. 
    For the purposes of Article 5(1)

    economic operators shall comply with the requirements set out in this Article.

  • 106. 
    Amendment 24 Article 4 – paragraph 1 – subparagraph 1
  • 107. 
    1. Where economic operators Economic operators concerned Where economic operators C - linked to mandatory vs

    concerned make regulatory shall make regulatory information concerned make regulatory voluntary application. information available available electronically. They information available electronically electronically, they shall do so on shall do so on the basis of data to a competent authority, they the basis of data processed in a processed in a certified eFTI shall do so on the basis of data certified eFTI platform and, if platform, in accordance with processed in a certified eFTI applicable, by a certified eFTI Article 8, and, if applicable, by a platform and, if applicable, by a service provider. The regulatory certified eFTI service provider, in certified eFTI service provider. The information shall be made accordance with Article 9. The regulatory information shall be available in machine-readable regulatory information shall be made available by the economic format and, at the request of the made available in machineoperators in machine-readable competent authority, in humanreadable format and, at the request format and, at the request of the readable format. of the competent authority, in competent authority, in humanhuman-readable format. readable format.

ANNEX TREE.2.A EN

  • 108. 
    Amendment 25 Article 4 – paragraph 1 – subparagraph 2
  • 109. 
    Information in machine-readable Information in machine-readable Information in machine-readable B

    format shall be made available via format shall be made available via format shall be made available via an authenticated and secure an authenticated, interoperable an authenticated and secure connection to the data source of and secure connection to the data connection to the data source of an an eFTI platform. Economic source of an eFTI platform. eFTI platform. Economic operators operators concerned shall Economic operators concerned concerned shall communicate the communicate the Internet address shall communicate the Internet Internet address via which the via which the information can be address via which the information information can be accessed, accessed, together with any other can be accessed, together with any together with any other elements elements that are necessary to other elements that are necessary that are necessaryunique electronic allow the competent authority to to allow the competent authority identifying link referred to uniquely identify the regulatory to uniquely identify the regulatory allowin Article 8(1) paragraph (c) information. information. allowing the competent authority to uniquely identify the regulatory information related to the shipment.

  • 110. 
    Information in human-readable Information in human-readable B

    format shall be made available on format shall be made available on the spot, on the screen of the spot, on the screen of electronic electronic devices owned by the devices owned by the economic economic operator concerned or operator concerned or by the by the competent authorities. competent authorities.

  • 111. 
    2. The Member States shall Deleted A - moved to line 117.

    take measures to enable their competent authorities to process regulatory information made available by the economic

ANNEX TREE.2.A EN

operators concerned in machinereadable format pursuant to the second subparagraph of paragraph 1, in accordance with the provisions established by the Commission pursuant to Article 7.

  • 112. 
    Amendment 26 Article 5 – title
  • 113. 
    Article 5 Acceptance and provision of Article 5 B

    Acceptance by competent regulatory information by Acceptance by Requirements for authorities competent authorities competent authorities

  • 114. 
    Member States’ competent 1. Member States’ A

    authorities shall accept regulatory competentCcompetent authorities information made available shall accept regulatory information electronically by the economic made available electronically by the operators concerned in accordance economic operators concerned in with Article 4. accordance with Article 4.

  • 115. 
    Where the economic operator B

    concerned has made electronically available, in accordance with Article 4, regulatory information required under Regulation (EC) No 1013/2006 on shipments of waste the competent authorities concerned shall accept such regulatory information also without the agreement referred to in Article 26 paragraphs 3 and

ANNEX TREE.2.A EN

4 of that Regulation.

  • 116. 
    Where regulatory information B - see also line 119

    required in a specific Union or Member State legal act referred to in Article 1(2) includes official validation, such as stamps or certificates, the respective authority shall provide this validation electronically, in accordance with the requirements established pursuant to Article 7.

  • 117. 
    2. In order to comply with the C - linked to the issue of IAs and

    requirements set out in DAs paragraph 1, Member States shall take measures to enable their competent authorities to access and process the regulatory information made available by economic operators in accordance with Article 4. Those measures shall be in accordance with the provisions established pursuant to Article 7.

  • 118. 
    Amendment 27 Article 5 – paragraph 1 a (new)

119.

Member States’ competent C - linked to mandatory vs authorities shall communicate voluntary application

with the economic operators

ANNEX TREE.2.A EN

concerned concerning regulatory information electronically.

  • 120. 
    Article 6 Article 6

    Confidential commercial Confidential commercial information information

  • 121. 
    The competent authorities, eFTI The competent authorities, eFTI A

    services providers and economic services providers and economic operators concerned shall take operators concerned shall take measures to ensure confidentiality measures to ensure confidentiality of commercial information of commercial information processed and exchanged in processed and exchanged in accordance with this Regulation. accordance with this Regulation. and ensure that such information can be accessed and processed only when authorised.

  • 122. 
    Article 7 Article 7

    Common eFTI data set, Common eFTI data set, procedures procedures and rules for access and rules for access

  • 123. 
    Amendment 28 Article 7 – paragraph 1 – introductory part
  • 124. 
    The Commission shall establish The Commission is empowered to 1. The Commission shall establish C

    the following by means of adopt delegated acts in the following, by means of implementing acts: accordance with Article 13, in implementing acts: order to establish the following:

  • 125. 
    a) common eFTI data set and (a) a common establish and C

    subsets in relation to the amend the eFTI common data set respective regulatory and data subsets in relation to the

ANNEX TREE.2.A EN

information requirements, respective regulatory information including corresponding requirements, as referred to in definitions for each data Article 1(2), including element included in the corresponding common data set and definitionsspecifications for each subsets; data element included in the common data set and subsets;

  • 126. 
    b) common procedures and (b) define common procedures

    detailed rules, including and detailed rules, including common technical common technical specifications, specifications, for for competent authorities' access to competent authorities' eFTI platforms, including access to eFTI platforms, procedures for processing of including procedures for regulatory information made processing of regulatory available electronically by the information made economic operators concerned. available electronically by the economic operators concerned.

  • 127. 
    Amendment 29 Article 7 – paragraph 1 – point b a (new)

128.

(ba) common procedures and B, see also line 107

detailed rules for validating the identity of any natural person or legal entity issuing legally binding statements hereunder;

  • 129. 
    Amendment 30 Article 7 – paragraph 1 a (new)

ANNEX TREE.2.A EN 130. Existing, standardised data B

models and data sets identified in international conventions that are applicable in the Union shall be used as a reference for defining these common eFTI data, procedures and rules for access.

  • 131. 
    2. In adopting the

    implementing acts referred to in B

    paragraph 1, the Commission shall:

  • 132. 
    a) take into account relevant B - similar EP amendment in

    international conventions and line 130. Union acts;

  • 133. 
    b) seek to achieve the B - similar EP amendment in

    interoperability of the eFTI line 130. common data set and data subsets with relevant data models accepted internationally or at Union level, including multimodal data models; and

  • 134. 
    c) seek to enhance the B

    efficiency of the administrative procedures and minimise compliance costs both for the economic operators and authorities concerned.

ANNEX TREE.2.A EN

  • 135. 
    Amendment 31 Article 7 - paragraph 2
  • 136. 
    Those implementing acts shall be deleted Those implementing acts shall be C

    adopted in accordance with the adopted in accordance with the examination procedure referred to examination procedure referred to in Article 14(2). in Article 14(2). The first such implementing act covering all elements referred to in paragraph 1 shall be adopted no later than [3 years after the date of entry into force of this Regulation].

  • 137. 
    CHAPTER III CHAPTER III

    EFTI PLATFORMS AND EFTI PLATFORMS AND SERVICES SERVICES

  • 138. 
    SECTION 1 SECTION 1

    R EQUIREMENTS FOR E FTI R EQUIREMENTS FOR E FTI

    PLATFORMS AND SERVICES PLATFORMS AND SERVICES

  • 139. 
    Article 8 Article 8

    Functional requirements for eFTI Functional requirements for eFTI platforms platforms

  • 140. 
    Amendment 32 Article 8 – paragraph 1 – introductory part
  • 141. 
    1. The eFTI platforms used for 1. The eFTI platforms shall 1. The eFTI platforms used for B

    processing regulatory information be governed by the general processing regulatory information shall provide functionalities that principles of technological shall provide functionalities that

ANNEX TREE.2.A EN

ensure that: neutrality as well as ensure that: interoperability. The eFTI

platforms used for processing regulatory information shall provide functionalities that ensure that:

  • 142. 
    Amendment 33 Article 8 – paragraph 1 – point a
  • 143. 
    a) personal data can be (a) personal data have to be a) personal data can be B

    processed in accordance with processed in accordance with processed in accordance with Regulation (EU) 2016/679; Regulation (EU) 2016/679; Regulation (EU) 2016/679 12 ;

  • 144. 
    Amendment 34 Article 8 – paragraph 1 – point b
  • 145. 
    b) commercial data can be (b) commercial data have to be b) commercial data can be B

    processed in accordance with processed in accordance with processed in accordance with Article 6; Article 6; Article 6;

  • 146. 
    Amendment 35 Article 8 – paragraph 1 – point b a (new)
  • 147. 
    (ba) eFTI platforms and the (ba) competent authorities can B

    data contained therein are access and process the data in interoperable; accordance with the specifications adopted pursuant Article 7;

12 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

ANNEX TREE.2.A EN 148. (bb) economic operators B

concerned can make the information available to the competent authorities in accordance with Article 4.

  • 149. 
    Amendment 36 Article 8 – paragraph 1 – point c
  • 150. 
    c) a unique electronic (c) a unique electronic

    identifying link can be established identifying link can be established (c) a unique electronic

    A

    between the data processed and between the data processed and identifying link can be established the physical shipment of a the physical shipment of a between the data processed and the determined set of goods to which determined set of goods to which physicala shipment of a determined that data is related, from origin to that data is related, from origin to set of goods to which that data is destination, under the terms of a destination, under the terms of a and the related, from origin eFTI single transport contract, single transport contract or data elements, including a irrespective of the quantity or consignment note; structured reference to number of containers, packages, destination, under the terms of a

    or pieces; single transport contract, irrespective of the quantity or

    number of containers, packages, or pieces;the eFTI platform where the data is made available, such as a unique reference identifier;

  • 151. 
    d) data can be processed solely (d) data can be processed solely

    on the basis of authorised and on the basis of authorised and authenticated access; authenticated access;

  • 152. 
    e) all processing operations are (e) all data processing operations A

    duly recorded in order to allow, at are is duly recorded through a minimum, the identification of operation logs in order to allow, at

ANNEX TREE.2.A EN

each distinct operation, the natural a minimum, the identification of or legal person having made the each distinct operation, the natural operation and the sequencing of or legal person having made the the operations on each individual operation and the sequencing of the data element; if an operation operations on each individual data involves modifying or erasing an element; if an operation involves existing data element, the original modifying or erasing an existing data element shall be preserved; data element, the original data element shall be preserved;

  • 153. 
    Amendment 37

    Article 8 – paragraph 1 – point e a (new)

  • 154. 
    (ea) competent authorities

    have immediate access to all B - scope - enforcement and relevant information, as provided compliance

    for in national or Union legislation, in order to ensure public order and compliance with Union legal acts governing the transport of goods in accordance with Title VI of Part Three of the Treaty;

  • 155. 
    f) data can be archived and remain (f) data can be archived and B

    accessible for an appropriate remain accessible for the period of time, in accordance with competent authorities for the the relevant regulatory period of time specified in the information requirements; legislation laying down the respective regulatory information requirements; an appropriate period of time, in accordance with the relevant

ANNEX TREE.2.A EN

regulatory information requirements;

  • 156. 
    (fa) the operation logs referred B

    to in point (e) are archived and remain accessible for the competent authorities, for auditing purposes, for the period of time specified in the legislation laying down the respective regulatory information requirements and, for monitoring purposes, for the periods of time referred to in Article 16.

  • 157. 
    (g) data is protected against (g) data is protected against corruption and theft; corruption and theft;
  • 158. 
    Amendment 38 Article 8 – paragraph 1 – point h

159.

(h) the data elements processed (h) the data elements processed (h) the data elements processed B correspond to the common eFTI correspond to the common eFTI correspond to the common eFTI data set and subsets, and can be data set and subsets, and can be data set and subsets as established processed in any of the official processed in any of the official languages of the Union. languages of the Union or coaccording

to the provisions of

official in a Member State. Article 7, and can be processed in any of the official languages of the

Union as provided by the act laying down the respctive regulatory information requirements.

ANNEX TREE.2.A EN

160.

  • 161. 
    2. The Commission shall adopt, 2. The Commission shall adopt, C - IAs vs DAs and time

    by means of implementing acts, by means of implementing acts, periods. detailed rules regarding the detailed rulesspecifications requirements laid down in regarding the requirements laid paragraph 1. Those implementing down in paragraph 1. Those acts shall be adopted in implementing acts shall be adopted accordance with the examination in accordance with the examination procedure referred to in Article procedure referred to in Article 14(2). 14(2). The first such implementing act covering all elements referred to in the first paragraph shall be adopted no later than [3 years after the date of entry into force of this Regulation.]

  • 162. 
    Amendment 39 Article 8 – paragraph 1 a (new)
  • 163. 
    1a. There shall be a C - linked to scope

    standardised eFTI format which includes all regulatory information requirements listed in part A of Annex 1 and all regulatory information requirements listed in part B of Annex 1 under a designated and

ANNEX TREE.2.A EN

distinct section of the eFTI format listed by Member States.

  • 164. 
    Amendment 40 Article 8 – paragraph 2
  • 165. 
    2. The Commission shall 2. The Commission is 2. The Commission shall adopt, C- linked IAs / DAs and time

adopt, by means of implementing empowered to adopt delegated by means of implementing acts, periods.

acts, detailed rules regarding the acts in accordance with Article detailed rulesspecifications

requirements laid down in 13, in order to establish detailed regarding the requirements laid

paragraph 1. Those implementing rules regarding the requirements down in paragraph 1. Those

acts shall be adopted in laid down in paragraph 1. implementing acts shall be

accordance with the examination adopted in accordance with the

procedure referred to in Article examination procedure referred

14(2). to in Article 14(2). The first such implementing act

covering all elements referred to in the first paragraph shall be adopted no later than [3 years after the date of entry into force of this Regulation.]

  • 166. 
    Article 9 Article 9

    Requirements for eFTI service Requirements for eFTI service providers providers

  • 167. 
    1. eFTI service providers shall 1. eFTI service providers shall

    ensure that: ensure that:

  • 168. 
    a) data is processed only by a) data is processed only by A

    authorised users and according to authorised users and according to clearly defined user role and clearly defined user role and processing rights within the eFTI assigned processing rights within platform, in accordance with the the eFTI platform, in accordance

ANNEX TREE.2.A EN

relevant regulatory information with the relevant regulatory requirements; information requirements;

  • 169. 
    Amendment 41 Article 9 – paragraph 1 – point a a (new)
  • 170. 
    (aa) data is interoperable B
  • 171. 
    Amendment 42 Article 9 – paragraph 1 – point b
  • 172. 
    b) data is stored and accessible (b) data is stored and accessible b) data is stored and accessible for B

    for an appropriate period of time, for four years, in accordance with an appropriate the period of time, in accordance with the relevant the relevant regulatory specified in accordance with the regulatory information information requirements; relevantthe legislation laying requirements; down the respective regulatory information requirements;

  • 173. 
    Amendment 43 Article 9 – paragraph 1 – point c
  • 174. 
    c) authorities have immediate c) competent authorities have c) competent authorities have B

    access to regulatory information immediate access to regulatory immediate access to regulatory concerning a freight transport information concerning a freight information concerning a freight operation processed by means of transport operation processed by transport operation processed by their eFTI platforms, when this means of their eFTI platforms, means of their eFTI platforms, access is given to the authorities when this access is given to the when this access is given to the by an economic operator competent authorities by an authorities by an economic operator concerned; economic operator concerned; concernedfree of any charges or fees;

  • 175. 
    d) data is appropriately d) data is appropriately secured,

    secured, including against including against unauthorised or unauthorised or unlawful unlawful processing and against processing and against accidental accidental loss, destruction or

ANNEX TREE.2.A EN

loss, destruction or damage. damage.

  • 176. 
    Amendment 44 Article 9 – paragraph 2
  • 177. 
    2. The Commission shall 2. The Commission is 2. The Commission shall adopt, C

    adopt, by means of implementing empowered to adopt delegated by means of implementing acts, acts, detailed rules regarding the acts in accordance with Article detailed rules regarding the requirements laid down in 13, in order to establish detailed requirements laid down in paragraph 1. Those implementing rules regarding the requirements paragraph 1. Those implementing acts shall be adopted in laid down in paragraph 1. acts shall be adopted in accordance accordance with the examination with the examination procedure procedure referred to in Article referred to in Article 14(2). The 14(2). first such implementing act covering all elements referred to in the first paragraph shall be adopted no later than [3 years after the date of entry into force of this Regulation].

  • 178. 
    SECTION 3 SECTION 32

    C ERTIFICATION C ERTIFICATION

  • 179. 
    Article 10 Article 10

    Conformity assessment bodies Conformity assessment bodies

  • 180. 
    1. Conformity assessment 1. Conformity assessment

    bodies shall be accredited bodies shall be accredited according to Regulation (EC) No according to Regulation (EC) No 765/2008 for the purposes of 765/2008 for the purposes of performing the certification of performing the certification of eFTI eFTI platforms and service platforms and service providers as providers as set out in Articles 11 set out in Articles 11 and 12 of this

ANNEX TREE.2.A EN

and 12 of this Regulation. Regulation.

  • 181. 
    2. For the purposes of 2. For the purposes of B

    accreditation, a conformity accreditation, a conformity assessment body shall meet the assessment body shall meet the requirements laid down in Annex requirements laid down in Annex II. II. National accreditation bodies shall communicate to the authority designated in accordance with paragraph 3 the link to the website where they make public the available information on the accredited conformity assessment bodies, including an up-to-date list of these bodies.

  • 182. 
    Amendment 45 Article 10 – paragraph 3
  • 183. 
    3. Member States shall 3. Member States shall 3. Each Member States shall B

    maintain an updated list of the maintain an updated list of the designate an authority that shall accredited conformity assessment accredited conformity assessment maintain an updatedup to date list bodies, and of the eFTI platforms bodies, and of the eFTI platforms of the accredited conformity and eFTI service providers and eFTI service providers assessment bodies, and of the eFTI certified by those bodies in certified by those bodies in platforms and the eFTI service accordance with Articles 11 and accordance with Articles 11 and providers certified by those 12. They shall make that list 12. They shall make that list bodiesholding a valid certification publicly available on an official publicly available on an official on the basis of the information government Internet website. The government Internet website. The provided in accordance with list shall be regularly updated, and list shall be updated without delay Articles 10(2), 11(2) and 12. by the latest by 31 March each each time a change to the They(2). Those designated year. information that it contains competent authorities shall make occurs, and at the latest by 31 that list publicly available on an

ANNEX TREE.2.A EN

May each year. official government Internet website. The list shall be regularly updated, and by the latest by 31 March each year.

  • 184. 
    Amendment 46 Article 10 – paragraph 4
  • 185. 
    4. By 31 March each year, 4. By 31 May each year, 4. By 31 March each year, the B

    Member States shall submit the Member States shall submit the Member StatesStates' designated lists referred to in paragraph 3 to lists referred to in paragraph 3 to authorities shall submitnotify the the Commission, together with the the Commission, together with the lists referred to in paragraph 3 to address of the website where address of the website where the Commission, together with the those lists have been published. those lists have been published. address of the website where those The Commission shall publish a The Commission shall publish a lists havethat list has been link to those website addresses on link to those website addresses on published. The Commission shall its official webpage. its official webpage. publish a link to those website addresses on its official webpage.

  • 186. 
    Article 11 Article 11

    Certification of eFTI platforms Certification of eFTI platforms

  • 187. 
    1. Upon request of an eFTI 1. Upon request of an eFTI B

    platform developer conformity platform developer, conformity assessment bodies shall assess the assessment bodies shall assess the compliance of the eFTI platform compliance of the eFTI platform with the requirements laid down with the requirements laid down in in Article 8(1). If the assessment Article 8(1). If theIn case of a is positive, a compliance positive assessment is positive, a certificate shall be issued. If the compliance certificate shall be assessment is negative, the issued. If the assessment is compliance assessment body shall negative, the inform the applicant why the complianceconformity assessment platform does not comply with body shall informprovide the

ANNEX TREE.2.A EN

those requirements. necessary justification to the applicant why the platform does not comply with those requirements.

  • 188. 
    Amendment 47 Article 11 – paragraph 1 a (new)

189.

1a. Certification shall be B

performed in an independent manner to avoid distortions of competition. Compliance shall be ensured with existing, standardised platforms identified in international conventions that are applicable in the Union.

  • 190. 
    Amendment 48

    Article 11 – paragraph 1 b (new)

  • 191. 
    1b. Existing IT systems, that B

    are currently used by economic operators in the transport sector to provide regulatory information and that meet the functional requirements laid down in Article 8(1), shall be certified as eFTI- platforms.

  • 192. 
    2. Conformity assessment 2. Conformity assessment B

    bodies shall maintain an up to date bodies shall maintain an up to date list of certified eFTI platforms and list of certified eFTI platforms they of those that received a negative have certified and of those that assessment. The updated list shall received a negative assessment. The be transmitted to the competent updatedfor which they withdrew authorities concerned each time a or suspended the certification.

ANNEX TREE.2.A EN

certificate or a negative They shall make this list shall be assessment is issued. transmittedpublicly available on their website and shall communicate the link to the that website address to the designated competent authorities concerned each time a certificate or a negative assessment is issued.authority referred to in Article 10(3).

  • 193. 
    3. Information made available 3. Information made available to

    to competent authorities by means competent authorities by means of a of a certified eFTI platform shall certified eFTI platform shall be be accompanied by a certification accompanied by a certification mark. mark.

  • 194. 
    4. The eFTI platform 4. The eFTI platform developer

    developer shall apply for a shall apply for a reassessment of its reassessment of its certification if certification if the technical the technical specifications specifications adopted in the adopted in the implementing acts implementing acts referred to in referred to in Article 7(2) are Article 7(2) are revised. revised.

  • 195. 
    5. The Commission is 5. The Commission is A

    empowered to adopt delegated empowered to adopt delegated acts acts in accordance with Article 13 in accordance with Article 13 to to supplement this Regulation supplement this Regulation with with rules on certification, use of rules on certification, and the use the certification mark and renewal of the certification mark and , of the certification of eFTI including on the renewal, platforms. suspension and withdrawal of the

ANNEX TREE.2.A EN

certification of eFTI platforms.

  • 196. 
    Article 12 Article 12

    Certification of eFTI service Certification of eFTI service providers providers

  • 197. 
    1. Upon request of an eFTI 1. Upon request of an eFTI A

    service provider, a conformity service provider, a conformity assessment body shall assess the assessment body shall assess the compliance of the eFTI service compliance of the eFTI service provider with the requirements provider with the requirements laid laid down in Article 9(1). If the down in Article 9(1). If theIn case assessment is positive, a of a positive assessment is positive, compliance certificate shall be a compliance certificate shall be issued. If the assessment is issued. If the assessment is negative, the compliance negative, the assessment body shall inform the complianceconformity assessment applicant why the provider does body shall informprovide the not comply with those necessary justification to the requirements. applicant why the provider does not comply with those requirements.

  • 198. 
    2. Conformity assessment 2. Conformity assessment A

    bodies shall maintain an up to date bodies shall maintain an up to date list of the certified eFTI service list of the certified eFTI service providers and of those that providers they have certified and received a negative assessment. of those that received a negative The updated list shall be made assessment. The updatedfor which available to the competent they withdrew or suspended the authorities concerned each time a certification. They shall make this certificate or a negative list shall be madepublicly available assessment is issued. on their website and shall communicate the link to the that

ANNEX TREE.2.A EN

website address to the designated competent authorities concerned each time a certificate or a negative assessment is issued.authority referred to in Article 10(3).

  • 199. 
    3. The Commission is 3. The Commission is A

    empowered to adopt delegated empowered to adopt delegated acts acts in accordance with Article 13 in accordance with Article 13 to to supplement this Regulation supplement this Regulation with with rules on certification of eFTI rules on certification of eFTI service providers. service providers. , including on the renewal, suspension and withdrawal of the certification.

  • 200. 
    C HAPTER IV C HAPTER IV

    DELEGATIONS OF POWER DELEGATIONS OF POWER AND AND IMPLEMENTING IMPLEMENTING PROVISIONS PROVISIONS

ANNEX TREE.2.A EN

  • 201. 
    Article 13

    Exercise of the delegation Article 13 Exercise of the delegation

  • 202. 
    1. The power to adopt 1. The power to adopt delegated

    delegated acts is conferred on the acts is conferred on the Commission subject to the Commission subject to the conditions laid down in this conditions laid down in this Article. Article.

  • 203. 
    Amendment 49 Article 13 – paragraph 2
  • 204. 
    2. The power to adopt 2. The power to adopt 2. The power to adopt delegated C -linked to IAs and DAs

    delegated acts referred to in delegated acts referred to in acts referred to in Article 2, Article Article 2, Article 11(5) and Article 2, Article 7, Article 8(2), 11(5) and Article 12(3) shall be Article 12(3) shall be conferred on Article 9(2), Article 11(5) and conferred on the Commission for an the Commission for an Article 12(3) shall be conferred on indeterminate period of time from indeterminate period of time from the Commission for an [date of entry into force of this [date of entry into force of this indeterminate period of time from Regulation].period of five years Regulation]. … [date of entry into force of this from [date of entry into force of Regulation]. this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the fiveyear period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.

ANNEX TREE.2.A EN

  • 205. 
    Amendment 50 Article 13 – paragraph 3
  • 206. 
    3. The delegation of power 3. The delegation of power 3. The delegation of power C

    referred to in Article 2, Article referred to in Article 2, Article 7, referred to in Article 2, Article 11(5), Article 12(3) may be Article 8(2), Article 9(2), Article 11(5), Article 12(3) may be revoked at any time by the 11(5), Article 12(3) may be revoked at any time by the European Parliament or by the revoked at any time by the European Parliament or by the Council. A decision to revoke European Parliament or by the Council. A decision to revoke shall shall put an end to the delegation Council. A decision to revoke put an end to the delegation of the of the power specified in that shall put an end to the delegation power specified in that decision. It decision. It shall take effect the of the power specified in that shall take effect the day following day following the publication of decision. It shall take effect the the publication of the decision in the decision in the Official day following the publication of the Official Journal of the Journal of the European Union or the decision in the Official Journal European Union or at a later date at a later date specified therein. It of the European Union or at a specified therein. It shall not affect shall not affect the validity of any later date specified therein. It shall the validity of any delegated acts delegated acts already in force. not affect the validity of any already in force. delegated acts already in force.

  • 207. 
    Amendment 51 Article 13 – paragraph 4
  • 208. 
    4. Before adopting a delegated 4. Delegated acts adopted in 4. Before adopting a delegated C - linked to timelines and

    act, the Commission shall consult accordance with Article 2 shall act, the Commission shall consult period of application. experts designated by each apply from one year after their experts designated by each Member Member State in accordance with entry into force. State in accordance with the the principles laid down in the principles laid down in the Interinstitutional Agreement on Interinstitutional Agreement on Better Law-Making of 13 April Better Law-Making of 13 April 2016. 2016.

ANNEX TREE.2.A EN

  • 209. 
    Amendment 52 Article 13 – paragraph 4 a (new)
  • 210. 
    4a. Before adopting a B

    delegated act, the Commission shall ensure the consultation of the stakeholders concerned and their representative bodies in the appropriate €, namely via the group of experts established by Commission Decision C(2018) 5921final of 13.09.2018 (‘Digital Transport and Logistics Forum’).

  • 211. 
    5. As soon as it adopts a 5. As soon as it adopts a

    delegated act, the Commission delegated act, the Commission shall shall notify it simultaneously to notify it simultaneously to the the European Parliament and to European Parliament and to the the Council. Council.

  • 212. 
    6. A delegated act adopted 6. A delegated act adopted A

    pursuant to Article 2, Article pursuant to Article 2, Article 10(5) and Article 11(3) shall enter 1011(5) and Article 1112(3) shall into force only if no objection has enter into force only if no objection been expressed either by the has been expressed either by the European Parliament or the European Parliament or the Council Council within a period of two within a period of two months of months of notification of that act notification of that act to the to the European Parliament and European Parliament and the the Council or if, before the Council or if, before the expiry of expiry of that period, the that period, the European European Parliament and the Parliament and the Council have

ANNEX TREE.2.A EN

Council have both informed the both informed the Commission that Commission that they will not they will not object. That period object. That period shall be shall be extended by two months at extended by two months at the the initiative of the European initiative of the European Parliament or of the Council. Parliament or of the Council.

  • 213. 
    Amendment 53 Article 14
  • 214. 
    Article 14 deleted Article 14 C

    Committee procedure Committee procedure

  • 215. 
    1. The Commission shall be Deleted 1. The Commission shall be C

    assisted by a committee. That assisted by a committee. That committee shall be a committee committee shall be a committee within the meaning of Regulation within the meaning of Regulation (EU) No 182/2011. (EU) No 182/2011.

  • 216. 
    2. Where reference is made to this deleted 2. Where reference is made to this C

    paragraph, Article 5 of Regulation paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. (EU) No 182/2011 shall apply.

  • 217. 
    C HAPTER V C HAPTER V

    FINAL PROVISIONS FINAL PROVISIONS

  • 218. 
    Article 15 Article 15

    Review Review

  • 219. 
    Amendment 54 Article 15 – paragraph 1
  • 220. 
    1. By [five years from the date 1. By ... [three years from the 1. By [five years from the date B

    of application of this Regulation] date of application of this of application of this Regulation] at at the latest the Commission shall Regulation] at the latest the the latest the Commission shall

ANNEX TREE.2.A EN

carry out an evaluation of this Commission shall carry out an carry out an evaluation of this Regulation and present a report on evaluation of this Regulation and Regulation and present a report on the main findings to the European present a report on the main the main findings to the European Parliament, the Council and the findings to the European Parliament, the Council and the European Economic and Social Parliament, the Council and the European Economic and Social Committee. European Economic and Social Committee. Committee. This evaluation shall in particular examine the possibility of extending the scope of this Regulation to certain business-to-business information that is necessary to prove compliance with the relevant requirements in the Union legal acts governing the transport of goods in accordance with Title VI of Part Three of the Treaty.

  • 221. 
    2. Member States shall provide 2. Member States shall provide A

    the Commission with the the Commission with the necessary information necessary for the information necessary set out in preparation of that Report. Article 16 for the preparation of that Report.

  • 222. 
    Article 16 Article 16

    Monitoring Monitoring

  • 223. 
    The Member States shall provide The Member States shall provide B

    the following information to the the following information to the Commission every two years and Commission every twofive years for the first time by [two years and for the first time by [twothree from the date of application of this years from the date of application

ANNEX TREE.2.A EN

Regulation] at the latest: of this Regulation] at the latest:

  • 224. 
    1. the number of competent Deleted

    authorities which have implemented measures to access and process information made available by economic operators concerned in accordance with Article 4(2);

  • 225. 
    2. the number of economic 2. based on the operation logs B

    operators concerned which have referred to in Article 8(1)€ and made regulatory information 8(1)(fa), the number of economic available to the Member State’s operators concerned which have competent authorities in made times the competent accordance with Article 4(1), authorities accessed and broken down by transport mode. processed the regulatory information made available to the Member State’s competent authorities electronically by the economic operators concerned in accordance with Article 4(1), broken down by transport mode.

  • 226. 
    The information shall be provided The information shall be provided

    for each year covered by the for each year covered by the reporting period. reporting period.

  • 227. 
    Article 16a B

    Transitional measures

  • 228. 
    Without prejudice to the date of B

    application provided for in

ANNEX TREE.2.A EN

Article 17, Member States shall notify national law to the Commission in accordance with Article 1(3) by [the date specified in that provision] and the Commission shall adopt the first implementing acts referred to Articles 7(2), second subparagraph, 8(2) and 9(2) by [the date specified in those provisions].

  • 229. 
    Article 17 Article 17

    Entry into force and application Entry into force and application

  • 230. 
    This Regulation shall enter into This Regulation shall enter into

    force on the twentieth day force on the twentieth day following that of its publication in following that of its publication in the Official Journal of the the Official Journal of the European Union. European Union.

  • 231. 
    Amendment 55 Article 17 – paragraph 2
  • 232. 
    It shall apply from [OP insert four It shall apply from … [three years It shall apply from [OP insert four C - linked to timelines and

years from the entry into force]. from the entry into force of this Regulation]. six years from the entry into force]. period of application.

  • 233. 
    This Regulation shall be binding This Regulation shall be binding in

    in its entirety and directly its entirety and directly applicable applicable in all Member States. in all Member States.

  • 234. 
    Done at Brussels, Done at Brussels,

ANNEX TREE.2.A EN 235. For the European Parliament For the European Parliament

  • 236. 
    The President The President
  • 237. 
    For the Council For the Council
  • 238. 
    The President The President

ANNEX TREE.2.A EN


2.

Herziene versies, correcties en addenda

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Proposal for a Regulation of the European Parliament and of the Council on electronic freight transport information - Revised four column document
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Proposal for a Regulation of the European Parliament and of the Council on electronic freight transport information - Revised four-column document
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Proposal for a Regulation of the European Parliament and of the Council on electronic freight transport information - Revised four-column document
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Proposal for a Regulation of the European Parliament and of the Council on electronic freight transport information - Four column document
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