Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (Text with EEA relevance.)

• CELEX: Implementing Decision (EU) 2018/1614
• Articles: 12

Article 1 Subject matter

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

Article 2 Amendments to common specifications for the national vehicle registers

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

Article 3 Withdrawal of redundant registrations

1.   The keeper shall ensure that redundant registrations of vehicles pursuant to point 3.2.5(1) of the Annex to Decision 2007/756/EC as amended by Commission Decision 2011/107/EU  ( 3 ) are withdrawn from the national vehicle registers within one year from 15 November 2018.

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of the Annex to Decision 2007/756/EC and connected to the Virtual Vehicle Register specified in that Decision are withdrawn within one year from 15 November 2018.

Article 4 Specifications of the European Vehicle Register

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

Article 5 Registration entity

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

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

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

Article 6 Registration of vehicles authorised to be placed on the market

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

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

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

Article 7 Architecture of the European Vehicle Register

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

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

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

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

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

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

Article 8 Migration from the national vehicle registers to the European Vehicle Register

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

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

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

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

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

Article 9 Repeal

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

Article 10 Entry into force and application

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

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

Schedules & Appendices

ANNEX I

ANNEX I

The Annex to Decision 2007/756/EC is amended as follows:

(1)

point 3.2.1 is replaced by the following:

‘3.2.1.    Application for registration

The form in Appendix 4 shall be used for the application for registration.

The entity applying for vehicle registration shall tick the ‘New registration’ box. It shall fill in the form and forward it to the:

—

RE of the Member State where registration is sought, filling in all fields,

—

RE of the first Member State where it intends to operate, for a vehicle coming from a third country (see point 3.2.5(2)). In that case the form shall contain at least the information on the identification of the owner of the vehicle and the keeper, the restrictions on how the vehicle may be used, the entity in charge of maintenance.’;

(2)

in point 3.2.3, the following paragraph is added:

‘The RE shall register the changes in the NVR within 20 working days from the receipt of a complete application file. The RE shall, within this deadline, either register the vehicle or request correction/clarification.’;

(3)

point 3.2.5 is replaced by the following:

‘3.2.5.    Authorisation in several Member States

1.

Vehicles shall be registered only in the NVR of the Member State where they are first authorised for placing in service or, for vehicles to which an authorisation for placing on the market has been issued in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council  ( *1 ) , only in a Member State in the area of use of the authorisation for placing on the market, without prejudice to the transfer of registration to a different NVR in accordance with point 3.2.6(2).

2.

Vehicles entering the Union rail system from third countries and registered in a vehicle register not in line with this specification or not connected to EC VVR shall be registered only in the NVR of the first Member State where the vehicle is intended to be operated on the Union rail system.

3.

Vehicles entering the Union rail system from third countries and registered in a vehicle register in line with this specification and connected to the EC VVR, when an international agreement to which the European Union is party provides for that, shall not be registered in any NVR.

4.

For any vehicle, the NVR where it is registered shall contain the data relating to items 2, 6, 12 and 13 for each of the Member States where an authorisation for placing in service has been granted to this vehicle.

This provision is without prejudice to Articles 3 and 5.

( *1 )   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 )’;"

(4)

in Section 3.2, the following point 3.2.6 is added:

‘3.2.6.    Transfer of registration and change of EVN

1.

The EVN shall be changed when it does not reflect the interoperability capability or technical characteristics in accordance with Appendix 6 due to technical modifications of the vehicle. Such technical modifications may require a new authorisation for placing in service in accordance with Articles 21 to 26 of Directive 2008/57/EC of the European Parliament and of the Council  ( *2 ) or a new authorisation for placing on the market and, where appropriate, a new vehicle type authorisation, in accordance with Articles 21 and 24 of Directive (EU) 2016/797. The keeper shall inform the RE of the Member State where the vehicle is registered of those changes and, if applicable, of the new authorisation for placing in service or of a new authorisation for placing on the market. That RE shall assign to the vehicle a new EVN.

2.

The EVN may be changed at the request of the keeper through a new registration of the vehicle in the NVR of a different Member State connected to EC VVR and subsequent withdrawal of the old registration.

( *2 )   Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community ( OJ L 191, 18.7.2008, p. 1 ).’;"

(5)

Section 3.3 is replaced by the following:

‘3.3.    Access rights

The access rights to data of an NVR from a given Member State ‘XX’ are listed in the table below:

Entity

Read rights

Update rights

RE of Member State ‘XX’

All data

All data in vehicle register of MS ‘XX’

NSA

All data

None

Agency

All data

None

Keeper

All data on vehicles of which it is keeper

None

ECM

All data, except owner's references, of vehicles for which it is ECM

None

Owner

All data on vehicles of which it is owner

None

Railway undertaking

All data, except owner's references, based on one or more vehicle numbers

None

Infrastructure manager

All data, except owner's references, based on one or more vehicle numbers

None

Investigating body referred to in Article 22 of Directive (EU) 2016/798 of the European Parliament and of the Council  ( 1 ) and regulatory body referred to in Article 55 of Directive 2012/34/EU of the European Parliament and of the Council  ( 2 )

All data on vehicles being checked or audited

None

EC declaration of verification issuing body (the applicant)

All data on vehicles of which it is EC declaration of verification issuing body (the applicant), except owner's references

None

Other legitimate user recognised by NSA or the Agency  ( 3 )

To be defined as appropriate, duration possibly limited, except owner's references

None

The access rights to data of NVRs may be extended to relevant third country entities or intergovernmental organisation when an international agreement to which the European Union is party provides for that.’

(6)

Appendices 1 and 2 are replaced by the following:

‘APPENDIX 1

RESTRICTION CODING

1.   PRINCIPLES

The restrictions referred to in the authorisation for placing in service in accordance with Articles 21 to 26 of Directive 2008/57/EC or in the authorisation for placing on the market and, where appropriate, a new vehicle type authorisation, in accordance with Articles 21 and 24 of Directive (EU) 2016/797 shall be assigned a harmonised code or a national code.

2.   STRUCTURE

Each code is a combination of:

—

category of restriction,

—

type of restriction,

—

value or specification,

which are joined by a dot (.):

[Category].[Type].[Value or specification].

3.   RESTRICTION CODES

1.

Harmonised restriction codes shall be applicable in all the Member States.

The Agency shall keep up-to-date and publish on its web site the list of harmonised restriction codes for the whole of the Union rail system.

If a national safety authority considers that a new code needs to be added to the list of harmonised restriction codes, it shall request the Agency to evaluate the inclusion of this new code.

The Agency shall evaluate the request, in consultation with other national safety authorities, where appropriate. When appropriate, the Agency shall include a new restriction code in the list.

2.

The Agency shall keep up-to-date the list of national restriction codes. The use of national restriction codes shall be limited to those restrictions that reflect particular characteristics of the existing rail system of a Member State and are unlikely to be applied with the same meaning in other Member States.

For types of restrictions not indicated in the list referred to in point 1, the national safety authority shall request the Agency the inclusion of a new code in the list of national restriction codes. The Agency shall evaluate the request, where appropriate in consultation with other national safety authorities. If appropriate, the Agency shall include a new restriction code in the list.

3.

The restriction code for multinational safety authorities shall be treated as national restriction code.

4.

The use of non-coded restrictions shall be limited to those restrictions that due to their particular character are unlikely to be applied to several types of vehicle.

The Agency shall keep a unique list of restriction codes for the EVR, the European register of authorised types of vehicles referred to in Article 48 of Directive (EU) 2016/797, the one-stop shop and the European Railway Agency Database of Interoperability and Safety.

5.

Where relevant, the Agency may coordinate the process of harmonisation of restriction codes with relevant intergovernmental organisation when an international agreement to which the European Union is party provides for that.

APPENDIX 2

STRUCTURE AND CONTENT OF THE EUROPEAN IDENTIFICATION NUMBER

The Agency shall set out the structure and content of the European Identification Number (EIN), including the codification of the types of documents concerned, in a technical document and shall publish this technical document on its web site.

;

(7)

point 1 of Part 1 of Appendix 6 is replaced by the following:

‘1.    Definition of the Vehicle Keeper Marking (VKM)

A Vehicle Keeper Marking (VKM) is an alphabetic code, consisting of 2 to 5 letters  ( *3 ) . A VKM is inscribed on each rail vehicle, near the European Vehicle Number. The VKM identifies the Vehicle Keeper as registered in a National Vehicle Register.

A VKM is unique and valid in all Member States and all countries that enter into an agreement that involves the application of the system of vehicle numbering and VKM as set out in this Decision.

( *3 )   For NMBS/SNCB, the use of an encircled single letter B can be continued.’

"

(8)

Part 4 of Appendix 6 is replaced by the following:

‘PART 4 — CODING OF THE COUNTRIES IN WHICH THE VEHICLES ARE REGISTERED (DIGITS 3-4 AND ABBREVIATION)

The Information relating to third countries is given for information purposes only.

Countries

Alphabetical country code ( 1 )

Numerical country code

Countries

Alphabetical country code ( 1 )

Numerical country code

Albania

AL

41

Lithuania

LT

24

Algeria

DZ

92

Luxembourg

L

82

Armenia

AM

58

Former Yugoslav Republic of Macedonia

MK

65

Austria

A

81

Malta

M

Azerbaijan

AZ

57

Moldova

MD ( 1 )

23

Belarus

BY

21

Monaco

MC

Belgium

B

88

Mongolia

MGL

31

Bosnia-Herzegovina

BIH

50 and 44 ( 2 )

Montenegro

MNE

62

Bulgaria

BG

52

Morocco

MA

93

China

RC

33

Netherlands

NL

84

Croatia

HR

78

North Korea

PRK ( 1 )

30

Cuba

CU ( 1 )

40

Norway

N

76

Cyprus

CY

Poland

PL

51

Czech Republic

CZ

54

Portugal

P

94

Denmark

DK

86

Romania

RO

53

Egypt

ET

90

Russia

RUS

20

Estonia

EST

26

Serbia

SRB

72

Finland

FIN

10

Slovakia

SK

56

France

F

87

Slovenia

SLO

79

Georgia

GE

28

South Korea

ROK

61

Germany

D

80

Spain

E

71

Greece

GR

73

Sweden

S

74

Hungary

H

55

Switzerland

CH

85

Iran

IR

96

Syria

SYR

97

Iraq

IRQ ( 1 )

99

Tajikistan

TJ

66

Ireland

IRL

60

Tunisia

TN

91

Israel

IL

95

Turkey

TR

75

Italy

I

83

Turkmenistan

TM

67

Japan

J

42

Ukraine

UA

22

Kazakhstan

KZ

27

United Kingdom

GB

70

Kyrgyzstan

KS

59

Uzbekistan

UZ

29

Latvia

LV

25

Vietnam

VN ( 1 )

32

Lebanon

RL

98

( 1 )

According to the alphabetical coding system described in Appendix 4 to the 1949 convention and Article 45(4) of the 1968 convention on road traffic.

( 2 )

Bosnia-Herzegovina uses 2 specific railway codes. A numerical country code 49 is reserved.’

( *1 )   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 )’;

( *2 )   Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community ( OJ L 191, 18.7.2008, p. 1 ).’;

( *3 )   For NMBS/SNCB, the use of an encircled single letter B can be continued.’

’

( 1 )   Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety ( OJ L 138, 26.5.2016, p. 102 ).

( 2 )   Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area ( OJ L 343, 14.12.2012, p. 32 ).

( 3 )   The Agency shall, in cooperation with the NSAs, define the procedure for recognising legitimate users.

ANNEX II

ANNEX II

1.   CONTENT AND DATA FORMAT

The content and data format of the European Vehicle Register (‘EVR’) shall be as set out in the following table.

Table 1

Parameters of the EVR

Parameter number

Parameter name

Description

Format

Compulsory/Optional

1

Vehicle Identification

1.1

European Vehicle Number

European Vehicle Number. Numeric identification code as defined in Appendix 6.

See Appendix 6  ( 1 )

Compulsory

1.2

Previous vehicle number

Previous number (if applicable, for renumbered vehicle)

Compulsory (when applicable)

2

Member State of Registration

2.1

Member State of registration

Member State where the vehicle has been registered

2-letter code  ( *1 )

Compulsory

3

Member States where the vehicle is authorised

3.1

Resulting area of use

Field automatically filled in by the system based on the values of parameter 11.4.

Text

Field automatically filled in by the system based on the values of parameter 11.4.

4

Additional conditions

4.1

Additional conditions applicable to the vehicle

Identification of applicable bilateral or multilateral agreements such as RIV, RIC, TEN, TEN-CW, TEN-GE, …

Text

Compulsory (when applicable)

5

Manufacturing

5.1

Manufacturing year

Year in which the vehicle left the factory

YYYY

Compulsory

5.2

Manufacturing serial number

Manufacturing serial number as marked on the vehicle frame.

Text

Optional

5.3

ERATV Reference

Identification in ERATV of the authorised  ( 2 ) vehicle type (or version or variant) the vehicle is in conformity to.

Alphanumeric code(s)

Compulsory (when available)

5.4

Series

Identification of the series the vehicle is part of.

Text

Compulsory (when applicable)

6

References to ‘EC’ Declarations of verification  ( 3 )

6.1

Date of ‘EC’ declaration

Date of ‘EC’ declaration of verification

Date (YYYYMMDD)

Compulsory (when available)

6.2

‘EC’ declaration reference

Reference to the ‘EC’ declaration of verification

For existing vehicles: text.

For new vehicles: alphanumeric code based on EIN, see Appendix 2

Compulsory (when available)

6.3

‘EC’ Declaration of verification issuing body (the applicant)

6.3.1

Organisation name

Text

Compulsory (when available)

6.3.2

Registered business number

Text

Compulsory (when available)

6.3.3

Address

Address of organisation, street and number

Text

Compulsory (when available)

6.3.4

Town

Text

Compulsory (when available)

6.3.5

Country code

2-letter code  ( *1 )

Compulsory (when available)

6.3.6

Post code

Alphanumeric code

Compulsory (when available)

6.3.7

Email address

Email

Compulsory (when available)

6.3.8

Organisation Code

Alphanumeric code

Compulsory (when available)

7

Owner

Identification of the owner of the vehicle

7.1

Organisation Name

Text

Compulsory

7.2

Registered business number

Text

Compulsory

7.3

Address

Text

Compulsory

7.4

Town

Text

Compulsory

7.5

Country code

2-letter code  ( *1 )

Compulsory

7.6

Post code

Alphanumeric code

Compulsory

7.7

Email address

Email

Compulsory

7.8

Organisation Code

Alphanumeric code

Compulsory

8

Keeper

Identification of the keeper of the vehicle

8.1

Organisation name

Text

Compulsory

8.2

Registered business number

Text

Compulsory

8.3

Address

Text

Compulsory

8.4

Town

Text

Compulsory

8.5

Country code

2-letter code  ( *1 )

Compulsory

8.6

Post code

Alphanumeric code

Compulsory

8.7

Email address

Email

Compulsory

8.8

Organisation Code

Alphanumeric code

Compulsory

8.9

Vehicle Keeper Marking

Alphanumeric code

Compulsory

9

Entity in charge of maintenance

Reference to the entity in charge of maintenance

9.1

Organisation name

Text

Compulsory

9.2

Registered business number

Text

Compulsory

9.3

Address

Text

Compulsory

9.4

Town

Text

Compulsory

9.5

Country code

2-letter code  ( *1 )

Compulsory

9.6

Post code

Alphanumeric code

Compulsory

9.7

Email address

Email

Compulsory

9.8

Organisation Code

Alphanumeric code

Compulsory

10

Registration status

10.1

Registration status (see Appendix 3)

2-digit code

Compulsory

10.2

Registration status date

Date of the status of the registration

Date (YYYYMMDD)

Compulsory

10.3

Registration status reason

Text

Compulsory (when applicable)

11

Authorisations  ( 4 ) for placing on the market  ( 5 )

11.1

Name of authorising entity

Entity (National Safety Authority or the Agency) that authorised the placing on the market

Text

Compulsory

11.2

Member State of authorising entity

Member State of authorising entity

2-letter code  ( *1 )

Compulsory

11.3

European identification number (EIN)

Harmonised authorisation number for placing in service, generated by authorising entity

Authorisation number.

For new vehicles: alphanumeric code based on EIN, see Appendix 2.

Compulsory

11.4

Area of use

As stated in the issued vehicle authorisation.

Text

Compulsory

11.5

Date of authorisation

Date (YYYYMMDD)

Compulsory

11.6

Authorisation valid until (if specified)

Date (YYYYMMDD)

Compulsory (when applicable)

11.7

Date of suspension of authorisation

Date (YYYYMMDD)

Compulsory (when applicable)

11.8

Date of revocation of authorisation

Date (YYYYMMDD)

Compulsory (when applicable)

11.9

Conditions for use of the vehicle and other restrictions on how the vehicle may be used

11.9.1

Coded conditions for use and restrictions

Conditions for use and restrictions on how the vehicle may be used

List of codes (see Appendix 1).

Compulsory (when applicable)

11.9.2

Non-coded conditions for use and restrictions

Conditions for use and restrictions on how the vehicle may be used

Text

Compulsory (when applicable)

12

Additional fields  ( 6 )

2.   ARCHITECTURE

2.1.    The EVR architecture

2.1.1.    Data search and consultation function (DSC function)

The DSC function shall be implemented by the Agency via a centralised web-based tool and an interface for machine to machine communication. The function shall enable the searching and consultation of data in the EVR after authentication.

The DSC function shall provide the registration entities with the means to extract the values of parameters in table 1 of their recorded vehicle registrations.

2.1.2.    User creation and administration function (UCA function)

The UCA function shall be implemented via a centralised web-based tool setup by the Agency. The function shall enable persons and organisations to request access to EVR data and the competent registration entity (‘RE’) to create users and manage access rights.

2.1.3.    Reference data administration function (RDA function)

The RDA function shall be implemented via a centralised web-based tool setup by the Agency. The function shall enable REs and the Agency to manage the common reference data.

2.1.4.    Application, registration and data storage functions (ARS functions)

The ARS function shall enable keepers, after authentication, to submit applications for registration or update of an existing registration to the selected RE, via a web-based tool presenting the harmonised e-form (see Appendix 4). This function shall also allow the RE to register the registration data. The set of registrations for a given Member State shall be referred to as the vehicle register of such Member State.

Member States may decide to use the centralised ARS function (C-ARS) provided by the Agency or may implement the ARS function autonomously in a de-centralised manner. In the latter case, the Member State and the Agency shall ensure the compatibility and communication between the de-centralised ARS functions (D-ARS) and the centralised functions (DSC, UCA and RDA).

The centralised ARS function shall provide pre-reservation and management of vehicle numbers. The pre-reservation process shall allow for pre-filling of information required in the e-form by the applicant or the keeper.

2.2.    Usability

The EVR functions shall be accessible to users with the most commonly used web browsers and in all Union official languages.

2.3.    Availability

As a general rule, the EVR shall be permanently available, with a target system availability of 98 %.

However, in the case of a failure occurring out of business hours — Monday to Friday from 07:00 to 20:00 Central European Time — the restoration of the service shall be handled the next working day after the failure. The unavailability of the system shall be minimal during the maintenance.

2.4.    Service level

Support shall be provided during business hours by a Help Desk to users on matters related to the use of the system and to the REs on the functioning of the system.

The Agency shall provide a test environment for the EVR.

2.5.    Change control

The Agency shall establish a change control management process for the EVR.

2.6.    Data integrity

The EVR shall ensure appropriate data integrity.

2.7.    Pre-check

The EVR system shall provide automatic checks of data entered in the e-form, including checks against EVR vehicle registrations, completeness check and check of the format of data entered.

2.8.    Facilitation of the use in the Union of vehicles registered in third countries

The Agency may implement the DSC function to allow for relevant entities in third countries to get access to appropriate data of the EVR when an international agreement to which the European Union is party provides for that.

The Agency may allow for the use of EVR functions by entities in third countries when an international agreement to which the European Union is party provides for that.

3.   OPERATING MODE

3.1.    Use of the EVR

The EVR may be used for purposes such as:

—

checking if a vehicle is duly registered and the status of the registration;

—

retrieving information on the authorisations for placing on the market, including the authorising entity, the area of use, the conditions for use and other restrictions;

—

retrieving the reference to the authorised vehicle type to which the vehicle conforms to;

—

identifying the keeper, the owner or the entity in charge of maintenance.

3.2.    Registration of vehicles

3.2.1.    General rules

1.

A vehicle, after the authorisation for placing on the market and before being operated, shall be registered in the EVR at the request of the keeper. The keeper shall fill in the e-form and submit the application for registration to one Member State of its choice within the area of use. At the request of the applicant or keeper, the Member State chosen for registering the vehicle shall offer procedures for the pre-reservation of a vehicle number or a range of vehicle numbers.

2.

For a given vehicle, only one valid registration may exist in the EVR. A vehicle without a valid registration may not be operated.

3.

Upon registration, the vehicle is assigned a European vehicle number (EVN) by the RE in the registering Member State. The EVN shall comply with the rules set in Appendix 6. In case the applicant or keeper — upon their request — received a pre-reserved vehicle number, that vehicle number shall be used for the first registration.

4.

The EVN may be changed in the cases specified in points 3.2.2.8 and 3.2.2.9.

5.

In case of vehicles entering the Union rail system from third countries and registered in a vehicle register not in conformity with this Annex or not connected to the EVR, the keeper shall submit the application for registration to the first Member State where the vehicle is intended to be operated on the Union rail system.

6.

Rolling stock placed in service for the first time in a third country and intended to be used inside the Union as part of the common 1 520 mm rail system wagons fleet shall not be registered in the EVR. However, in accordance with Article 47(7) of Directive (EU) 2016/797, it shall be possible to retrieve information on the keeper of the vehicle concerned, the entity in charge of its maintenance and the restrictions on how the vehicle may be used.

7.

When an international agreement to which the European Union is party provides for that, in case of vehicles entering the Union rail system from third countries and registered in a vehicle register connected to the EVR (via the DSC function), in conformity with this Annex, they shall be registered only in that vehicle register.

8.

For each vehicle, the EVR shall contain the references of all authorisations granted to the vehicle and of non-Member States in which the vehicle is admitted to international traffic in accordance with Appendix G to the Convention concerning international carriage by rail, and the corresponding conditions for use and other restrictions.

9.

The RE shall take reasonable steps to ensure the accuracy of the data registered in the EVR. To this end the RE may request information from other REs, in particular when the keeper applying for registration is established in another Member State. The RE may decide to suspend a vehicle registration in duly justified cases.

10.

If either the NSA or the Agency consider there is a justified case for suspension of registration of a vehicle in accordance with Article 54 of Commission Implementing Regulation (EU) 2018/545  ( 7 ) , they shall request the registration entity to suspend it. The registration entity shall suspend the registration without delay upon such a request.

11.

The keeper shall submit the applications for registration via the electronic web- based form to the competent RE. The web-based form and dashboard shall be made available as part of the ARS function and shall be accessible after authentication.

12.

Applications for registration may concern a single vehicle or a list of vehicles.

13.

In some registration cases, Member States may require supporting documents to be electronically attached to the application for registration; to that end the RE shall publish the list of supporting documents required in each registration case.

14.

Besides the data referred to in Table 1, Member States may require additional fields to be provided in the registration application; to that end the RE shall publish the list of such fields.

15.

The EVR shall provide the keeper and the RE with the possibility to review in the system the applications for registration and their related attachments and provide the recording of registrations and registration changes with the information related to these changes.

16.

The RE shall register the data in the EVR within 20 working days of the receipt of a complete application. The RE shall, within that deadline, either register the vehicle or request correction or clarification.

17.

The keeper shall be able to review the progress of its applications via a web-based dashboard.

18.

The EVR shall notify the keeper and RE of any change of status of the application for registration.

3.2.2.    Registration cases

The registration cases are specified below. If applicable, different registration cases may be merged in a single vehicle registration application.

3.2.2.1.    New registration

All mandatory fields listed in Table 1 shall be filled, together with any additional field required by the Member State in accordance with point 3.2.1.14.

Applications shall be submitted by the keeper to the RE of a Member State in the area of use of the vehicle where registration is sought.

For vehicles entering the Union rail system from third countries in accordance with point 3.2.1.5, applications shall be submitted to the RE of the first Member State where the vehicle is intended to be operated. In that case the application shall contain at least the information on the identification of the keeper, the entity in charge of maintenance and the restrictions on how the vehicle may be used.

3.2.2.2.    Update of an existing registration

Applications shall be submitted by the keeper to the RE of the Member State where the vehicle is registered. Only the parameters in Table 1 to be updated shall be filled.

3.2.2.3.    Change of keeper

Should a keeper of a vehicle change, it is the responsibility of the currently registered keeper to inform the RE in due time, so that the latter may update the EVR. The former keeper shall be removed from the EVR registration and relieved of its responsibilities only when the new keeper has acknowledged its acceptance of keeper status. If on the date of de-registration of the currently registered keeper no new keeper has accepted the keeper status, the registration of the vehicle shall be suspended.

3.2.2.4.    Change of entity in charge of maintenance (‘ECM’)

When there is a change of ECM of a vehicle, the keeper shall inform the RE in due time, so that the latter may update the EVR. The former ECM shall deliver the maintenance documentation to either the keeper or the new ECM. The former ECM is relieved of its responsibilities when it is removed from the EVR registration. If on the date of de-registration of the former ECM any new entity has not acknowledged its acceptance of ECM status, the registration of the vehicle is suspended.

3.2.2.5.    Change of owner

When there is a change of owner, the keeper shall inform the RE in due time, so that the latter may update the EVR.

3.2.2.6.    Suspension or reactivation of a registration

The new status  ( 8 ) and the status reason shall be filled. The status date shall be automatically filled by the EVR.

A vehicle that has its registration suspended may not be operated on the Union rail system.

A reactivation of a registration after suspension will require the reexamination by the RE of the conditions which caused the suspension and, if applicable, in coordination with the NSA that requested the suspension.

3.2.2.7.    Withdrawal of a registration

The new status  ( 8 ) and the status reason shall be filled. The status date is automatically filled by the system.

A vehicle that has its registration withdrawn may not be operated on the Union rail system under such registration.

3.2.2.8.    Change of EVN following technical modifications

The EVN shall be changed when it does not reflect the interoperability capability or technical characteristics in accordance with Appendix 6 due to technical modifications of the vehicle. Such technical modifications may require a new authorisation for placing on the market and, where appropriate, a new vehicle type authorisation, in accordance with Articles 21 and 24 of Directive (EU) 2016/797. The keeper shall inform the RE of the Member State where the vehicle is registered of those changes and, if applicable, of the new authorisation for placing on the market. That RE shall assign to the vehicle a new EVN.

The change of EVN consists of a new registration of the vehicle and subsequent withdrawal of the old registration.

3.2.2.9.    Change of EVN and of registering Member State

The EVN may be changed at the request of the keeper through a new registration of the vehicle by a different Member State in the area of use and subsequent withdrawal of the old registration.

3.2.3.    Automatic notification of changes

Following a change to one or more registration items, the EVR IT system shall send to the keeper and to the concerned NSAs for the area of use of the vehicle an automatic email notification informing about the change, when they have subscribed to such notifications.

Following a change of keeper or owner or ECM, the EVR IT system shall send an automatic email notification to, respectively, the previous keeper and the new keeper or the previous owner and the new owner or the previous ECM and new ECM.

A keeper or owner or ECM or EC declaration issuing body may opt-in the reception of automatic email notifications informing about changes to registrations they are identified within.

3.2.4.    Historical records

All data in the EVR shall be retained for 10 years from the date of withdrawal of a vehicle registration. As a minimum, data shall be available on-line for the first three years. After three years, data may be archived. If at any time during the 10-year period an investigation involving a vehicle or vehicles is started, data relating to those vehicles shall be retained beyond the 10-year period if so required by investigating bodies referred to in Article 22 of Directive (EU) 2016/798 of the European Parliament and of the Council  ( 9 ) or national jurisdictions.

After withdrawal of a vehicle registration, any of the registration numbers assigned to the vehicle shall not be assigned to any other vehicle for 100 years from the date the vehicle registration is withdrawn.

Any changes to the data in the EVR shall be recorded.

3.3.    Management of users

3.3.1.    Request of user

Any person or organisation shall be able to request access to EVR via a web-based form (part of the centralised UCA function) from the competent RE where the person or organisation is located.

The RE shall assess the request and, if appropriate, create a user account for the requestor and assign the appropriate access rights in accordance with points 3.3.2 and 3.3.3.

3.3.2.    Access rights

The access rights to data of EVR are listed in the table below:

Table 2

Entity

Read rights

Update rights

RE of Member State ‘XX’

All data

All data in vehicle register of MS ‘XX’

NSA

All data

None

Agency

All data

None

Keeper

All data on vehicles of which it is keeper

None

ECM

All data, except owner's references, of vehicles for which it is ECM

None

Owner

All data on vehicles of which it is owner

None

Railway undertaking

All data, except owner's references, based on one or more vehicle numbers

None

Infrastructure manager

All data, except owner's references, based on one or more vehicle numbers

None

Investigating body referred to in Article 22 of Directive (EU) 2016/798 and regulatory body referred to in Article 55 of Directive 2012/34/EU of the European Parliament and of the Council  ( 10 )

All data on vehicles being checked or audited

None

EC declaration of verification issuing body (the applicant)

All data on vehicles of which it is EC declaration of verification issuing body (the applicant), except owner's references

None

Other legitimate user recognised by NSA or the Agency  ( 11 )

To be defined as appropriate, duration possibly limited, except owner's references

None

The access rights to data of EVR may be extended to relevant third country entities or intergovernmental organisation when an international agreement to which the European Union is party provides for that.

3.3.3.    Other rights

Keepers shall be able to submit applications for registration.

Any organisation shall be able to submit changes to its own data kept in the reference data (see Section 3.4)

3.3.4.    Security

Authentication of users shall be by means of username and password. In the case of keepers (applicants for vehicle registration) and REs, authentication shall provide the assurance level ‘substantial’ referred to in point 2.2.1 of the Annex to Commission Implementing Regulation (EU) 2015/1502  ( 12 ) .

3.3.5.    Data protection

Data in the EVR shall be managed according to Regulation (EU) 2016/679 of the European Parliament and of the Council  ( 13 ) and applicable national legislation on data protection.

3.4.    Reference data

In order to guarantee the harmonisation of data input in the registration process, the EVR shall make use of reference data. EVR reference data for parameters in Table 1 shall be available to keepers in the harmonised e-form via the ARS function.

3.4.1.    Update of reference data

The Agency shall keep reference data updated and available in a central tool (part of the RDA function) in collaboration with the REs.

Any organisation recorded in the reference data shall be able to submit changes to its data via a web-based interface.

Following an application for registration, the RE shall ensure that the organisation data is recorded in the reference data with allocation of an organisation code by the Agency or, if already recorded, that the reference data is updated with the new data submitted by the keeper.

3.4.2.    Organisation codes

3.4.2.1.    Definition of organisation code

An organisation code is a unique identifier, consisting of four alphanumeric characters that shall be assigned by the Agency to one organisation.

3.4.2.2.    Format of organisation codes

For each of the four alphanumeric characters, any of the 26 letters of ISO 8859-1 alphabet or any number from 0 to 9 may be used. Letters are written in capitals.

3.4.2.3.    Allocation of organisation codes

Any organisation accessing EVR or identified therein shall be assigned an organisation code.

The Agency shall publish and keep up-to-date the procedure for the creation and allocation of organisation codes.

A range to be allocated only to companies under scope of TAP and TAF TSI shall be specified in the EVR Guidelines.

3.4.2.4.    Publication of the list of organisation codes

The Agency shall make the list of organisation codes publicly available on its website.

4.   EXISTING VEHICLES

4.1.    Vehicle number

1.

Vehicles already possessing a 12-digit number shall keep their current number. The 12-digit number shall be registered as such without any modification.

2.

For vehicles without a 12-digit number  ( 14 ) , a 12-digit number (in accordance with Appendix 6) shall be allocated in the EVR. The EVR IT system shall link this EVN to the current vehicle number. For vehicles used in international traffic, except those reserved for historical use, the 12-digit number is physically applied to the vehicle itself within a period of six years after allocation in the EVR. For vehicles used in domestic traffic and for those reserved for historical use, the physical application of the 12-digit number is voluntary.

4.2.    Procedure for the migration from national vehicle registers (NVRs) to the EVR

The entity previously responsible for vehicle registration shall make all information available to the RE of the country where it is located.

Existing vehicles shall be registered only by one of the following Member States:

—

the Member State where they were first authorised for placing in service in accordance with Articles 21 to 26 of Directive 2008/57/EC;

—

the Member State where they were registered after they have been authorised in accordance with Articles 21 and 25 of Directive (EU) 2016/797;

—

in the case of registrations transferred to the NVR of another Member State, by such Member State.

4.3.    Existing systems

The standard NVR, translation engine and Virtual Vehicle Register systems referred to in Decision 2007/756/EC shall be discontinued.

5.   GUIDELINES

To facilitate the implementation and usage of this Annex, the Agency shall publish and keep up-to-date guidelines.

Member States shall set up, publish and keep up to date guidelines, in particular describing their language policy including communication provisions.

( *1 )   The codes are those officially published and updated on the Union website in the Interinstitutional style guide . In case of the multinational safety authority Channel Tunnel Intergovernmental Commission, the country code CT shall be used. In case of the Agency, the country code EU shall be used.

( 1 )   Rolling stock placed in service for the first time in Estonia, Latvia or Lithuania and intended to be used outside the Union as part of common 1 520 mm rail system wagons fleet shall be registered in both the EVR and the Information Database of the Council of Railway Transport of the Commonwealth of Independent States. In this case, the 8-digit numbering system may be applied instead of the numbering system specified in Appendix 6.

( 2 )   For vehicle types authorised in accordance with Article 26 of Directive 2008/57/EC of the European Parliament and of the Council ( OJ L 191, 18.7.2008, p. 1 ) and Article 24 of Directive (EU) 2016/797.

( 3 )   It must be possible to specify the references to the EC Declaration of verification of the rolling stock subsystem and the CCS subsystem.

( 4 )   It must be possible to specify the data for all authorisations granted to the vehicle.

( 5 )   Authorisation for placing on the market delivered in accordance with Chapter V of Directive (EU) 2016/797 or authorisation for placing in service delivered in accordance with Chapter V of Directive 2008/57/EC or in accordance with the authorisation regimes existing before transposition of Directive 2008/57/EC.

( 6 )   When appropriate, additional fields as referred to in point 3.2.1.14.

( 7 )   Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council ( OJ L 90, 6.4.2018, p. 66 ).

( 8 )   As set out in Appendix 3.

( 9 )   Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety ( OJ L 138, 26.5.2016, p. 102 ).

( 10 )   Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area ( OJ L 343, 14.12.2012, p. 32 ).

( 11 )   The Agency shall, in cooperation with the NSAs, define the procedure for recognising legitimate users.

( 12 )   Commission Implementing Regulation (EU) 2015/1502 of 8 September 2015 on setting out minimum technical specifications and procedures for assurance levels for electronic identification means pursuant to Article 8(3) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market ( OJ L 235, 9.9.2015, p. 7 ).

( 13 )   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 ).

( 14 )   Without prejudice to footnote (1) of Table 1.