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Commission Implementing Regulation (EU) 2016/480Show full title
Commission Implementing Regulation (EU) 2016/480 of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings and repealing Regulation (EU) No 1213/2010 (Text with EEA relevance)
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Commission Implementing Regulation (EU) 2016/480
of 1 April 2016
establishing common rules concerning the interconnection of national electronic registers on road transport undertakings and repealing Regulation (EU) No 1213/2010
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC(1), and in particular Article 16(5) thereof,
Whereas:
(1) Article 16(1) of Regulation (EC) No 1071/2009 establishes the obligation for Member States to keep a national electronic register of road transport undertakings which have been authorised by a competent authority to engage in the occupation of road transport operator. The relevant data contained in the national electronic registers should be made accessible to all the competent authorities of the other Member States. Article 16(5) and (6) of Regulation (EC) No 1071/2009 require the national electronic registers to be interconnected by 31 December 2012, mandating the Commission to adopt common rules concerning such interconnection. On the basis of this mandate, the Commission adopted Regulation (EU) No 1213/2010(2), in order to facilitate the interconnection of the national electronic registers through a message exchange system called ERRU (European Registers of Road Transport Undertakings). The latter became operational on 31 December 2012.
(2) During the last 3 years of operation of ERRU, the Commission, along with experts from Member States, has identified a certain number of aspects related to the practical use of ERRU that do not fully correspond to the administrative processes set up in Member States.
(3) It is therefore necessary to address the shortcomings that have been identified in the daily operation of ERRU, aligning it with the relevant provisions of Regulation (EC) No 1071/2009, Regulation (EC) No 1072/2009 of the European Parliament and of the Council(3) and Regulation (EC) No 1073/2009 of the European Parliament and of the Council(4), as well as guaranteeing that ERRU is used in a uniform manner by competent authorities throughout the EU. Moreover, it is necessary to adapt the existing rules to the technical and scientific progress.
(4) Commission Regulation (EU) 2016/403(5) with regard to the classification of serious infringements of the Union rules, sets out a new list of categories, types and degrees of seriousness of serious infringements of Union rules, which in addition to those set out in Annex IV to Regulation (EC) No 1071/2009, may lead to the loss of good repute of the road transport undertaking or the transport manager. It is therefore necessary to enable ERRU to transmit information on the new list of infringements.
(5) The provisions on personal data protection, as laid down in particular by Directive 95/46/EC of the European Parliament and of the Council(6), apply to the processing of any personal data pursuant to Regulation (EC) No 1071/2009. In particular, Member States must implement appropriate security measures to prevent misuse of personal data.
(6) Where applicable, the provisions on personal data protection, as laid down by Regulation (EC) No 45/2001 of the European Parliament and of the Council(7) apply to the processing of any personal data pursuant to Regulation (EC) No 1071/2009.
(7) Due to substantial amount of changes which should be made to the common rules for the implementation of the interconnection of the national electronic registers, it is necessary to replace Regulation (EU) No 1213/2010 by a new act. Regulation (EU) No 1213/2010 should therefore be repealed.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 42(1) of Regulation (EU) No 165/2014 of the European Parliament and of the Council(8),
HAS ADOPTED THIS REGULATION:
(2)
Commission Regulation (EU) No 1213/2010 of 16 December 2010 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (OJ L 335, 18.12.2010, p. 21).
(3)
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).
(4)
Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300 14.11.2009, p. 88).
(5)
Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (OJ L 74, 19.3.2016, p. 8).
(6)
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
(7)
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(8)
Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).
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