Subject matter
This Regulation establishes a legal framework for the electronic communication of regulatory information between the economic operators concerned and competent authorities in relation to the transport of goods on the territory of the Union.
For that purpose, this Regulation:
(a)
lays down the conditions based on which competent authorities are required to accept regulatory information when that information is made available electronically by the economic operators concerned;
(b)
lays down rules on the provision of services related to making regulatory information available electronically by the economic operators concerned to competent authorities.
Scope
1. This Regulation applies to:
(a)
regulatory information requirements set out in:
(i)
Article 6(1) of EEC Council Regulation No 11 ( 11 ) ;
(ii)
Article 3 of Council Directive 92/106/EEC ( 12 ) ;
(iii)
Article 8(3) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council ( 13 ) ;
(iv)
point (c) of Article 16 and Article 18(1) of Regulation (EC) No 1013/2006; this Regulation is without prejudice to controls by customs offices provided for in relevant provisions of Union legal acts;
(v)
Chapter 5.4 of Part 5 of Annex A to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), concluded at Geneva on 30 September 1957, as referred to in Section I.1 of Annex I to Directive 2008/68/EC of the European Parliament and of the Council ( 14 ) ; Chapter 5.4 of Part 5 of the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF concluded at Vilnius on 3 June 1999, as referred to in Section II.1 of Annex II to that Directive; and Chapter 5.4 of Part 5 of the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN), concluded at Geneva on 26 May 2000, as referred to in Section III.1 of Annex III to that Directive;
(b)
regulatory information requirements laid down in delegated or implementing acts adopted by the Commission pursuant to a Union legal act referred to in point (a) of this paragraph or pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council ( 15 ) or to Regulation (EC) No 300/2008 of the European Parliament and of the Council ( 16 ) . Those delegated or implementing acts shall be listed in Part A of Annex I to this Regulation;
(c)
regulatory information requirements set out in the provisions of national law listed in Part B of Annex I to this Regulation.
2. By 21 August 2021, Member States shall notify the Commission of the provisions of national law and corresponding regulatory information requirements that require the provision of information identical, in whole or in part, to the information to be provided pursuant to the regulatory information requirements referred to in points (a) and (b) of paragraph 1.
Subsequent to that notification, the Member States shall notify the Commission of any provisions of national law that:
(a)
introduce changes to regulatory information requirements set out in the provisions of national law listed in Part B of Annex I; or
(b)
lay down new relevant regulatory information requirements that require the provision of information identical, in whole or in part, to the information to be provided pursuant to the regulatory information requirements referred to in points (a) and (b) of paragraph 1.
Member States shall make such notifications within one month from the adoption of such provisions.
3. The Commission shall adopt delegated acts in accordance with Article 14, amending:
(a)
Part A of Annex I in order to incorporate references to any regulatory information requirements referred to in point (b) of paragraph 1 of this Article;
(b)
Part B of Annex I in order to incorporate or delete references to national law and regulatory information requirements in accordance with the notifications made pursuant to paragraph 2 of this Article.
Definitions
For the purposes of this Regulation, the following definitions apply:
(1)
‘regulatory information’ means information, whether or not presented in the form of a document, that is related to the transport of goods in the territory of the Union, including of goods in transit, which is to be made available by an economic operator concerned in accordance with the provisions referred to in Article 2(1) in order to prove compliance with the relevant requirements of the acts laying down those provisions;
(2)
‘regulatory information requirement’ means a requirement to provide regulatory information;
(3)
‘competent authority’ means a public authority, agency or other body which is competent to perform tasks pursuant to the legal acts referred to in Article 2(1) and for which access to regulatory information is necessary, such as checking, enforcing, validating or monitoring compliance on the territory of a Member State;
(4)
‘electronic freight transport information’ or ‘eFTI’ means a set of data elements that are processed by electronic means for the purpose of exchanging regulatory information among the economic operators concerned and between the economic operators concerned and competent authorities;
(5)
‘eFTI data subset’ means a set of structured data elements that correspond to the regulatory information required pursuant to specific Union legal act or national law referred to in Article 2(1);
(6)
‘eFTI common data set’ means a comprehensive set of structured data elements that correspond to all the eFTI data subsets, where the data elements common to the different eFTI data subsets are included only once;
(7)
‘data element’ means the smallest unit of information which has a unique definition and precise technical characteristics, such as format, length and character type;
(8)
‘processing’ means an operation or set of operations performed on eFTI, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making eFTI available, alignment or combination, restriction, erasure or destruction;
(9)
‘operation log’ means an automated record of the electronic processing of eFTI;
(10)
‘eFTI platform’ means a solution based on information and communication technology (ICT), such as an operating system, an operating environment, or a database, intended to be used for the processing of eFTI;
(11)
‘eFTI platform developer’ means a natural or legal person which has developed or acquired an eFTI platform either for the purpose of processing regulatory information related to its own economic activity or for putting that platform on the market;
(12)
‘eFTI service’ means a service consisting of eFTI processing by means of an eFTI platform, alone or in combination with other ICT solutions, including other eFTI platforms;
(13)
‘eFTI service provider’ means a natural or legal person which provides an eFTI service to the economic operators concerned on the basis of a contract;
(14)
‘economic operator concerned’ means a transport or logistics operator, or any other natural or legal person, who is responsible for making regulatory information available to competent authorities in accordance with the relevant regulatory information requirements;
(15)
‘human-readable format’ means a way of presenting data in an electronic form that can be used as information by a natural person without requiring any further processing;
(16)
‘machine-readable format’ means a way of presenting data in an electronic form that can be used for automatic processing by a machine;
(17)
‘conformity assessment body’ means a conformity assessment body within the meaning of Regulation (EC) No 765/2008, which is accredited in accordance with that Regulation to carry out the conformity assessment of eFTI platforms or eFTI service providers;
(18)
‘shipment’ means the 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 of 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 transported.
