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

Council of the European Union

Brussels, 18 June 2019 (OR. en)

10296/19

Interinstitutional File: ADD 1

2018/0140(COD) i

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, delegations will find attached the

annexes of the above-mentioned proposal as presented in the first draft of the four-column

document.

ANNEX

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

European

Parliament/ General approach Compromise proposal by the

COM proposal, COM(2018) 0279 final i/2 Plenary report doc. ST 9181/19 Presidency / remarks

P8_TA-

PROV(2019)0139

• 1. 

  EU Legislation Council Directive [Proposal Regulation [Proposal Commission Directive Regulation ANNEX I C

  Regulation 92/106/EEC COM(2017) (EC) No COM(2017) Implementing 2008/68/EC (EC) No

  No. 11 on the 648 final - 1072/2009 0281 final - Regulation (EU) on the 1013/2006 REGULATORY INFORMATION FALLING

  concerning establishment 2017/0290 on common 2017/0123 2015/1998 inland on UNDER THE SCOPE OF THIS

  the abolition of common (COD) rules for (COD) laying down transport shipments

  of rules for amending access to the amending detailed of of waste REGULATION

  discrimination certain types Directive international Regulation measures for dangerous

  Information in transport of combined 92/106/EEC road (EC) No the goods (OJ L 190, PART A - Regulatory information rates and transport of ] haulage 1071/2009 implementation

  item 12.7.2006, conditions goods market and of the common OJ L 260, p. 1-98) requirements referred to in article 1(2)b

  between Regulation basic standards (30.9.2008,

  OJ 052 Member OJ L 300/72 (EC) No on aviation p. 13–59)

  (16.08.1960, States (14.11.2009, 1072/2009] security List of delegated and implementing acts

  • p. 

    1121–1126) p. 72-87) OJ L 368 OJ L 299/1

    (17.12.1992, (14.11.2015, p. referred to in article 1(2)b: References

    • p. 

      38–42) 1-142) to ADR,

      RID, ADN 1 1) Commission Implementing Regulation

  Name and Article 6.1 Article 3

  address of the (reference to (EU) 2015/1998 laying down detailed

  consignor Article 6 of

  Council measures for the implementation of the

  Regulation No

  • 11) 

    common basic standards on aviation

  Nature and Article 6.1 Article 3 security: Annex 6.3.2.6 (a), (b), (c), (d), (e),

  weight of the (reference to

  goods Article 6 of (f) and (g).

  Council Regulation No 11)

  Place and date of Article 6.1 Article 3 acceptance of the (reference to goods for Article 6 of transport Council Regulation No 11)

  Place at which Article 6.1 Article 3 the goods are to (reference to be delivered Article 6 of Council Regulation No 11)

  Route to be Article 6.1 Article 3 taken, or distance (reference to to be travelled, if Article 6 of these factors Council justify a rate Regulation No

1 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 i. The numbers referred to are those of the respective Annexes to ADR, RID and ADN.

different from 11) that normally aplicable

Frontier crossing Article 6.1 Article 3 points, where (reference to appropriate Article 6 of

Council Regulation No 11 of 27 June 1960)

Rail loading and Article 3 unloading stations

Inland waterway Article 3 loading and unloading ports

Maritime loading Article 3 and unloading ports

Stamp affixed by Article 3 the rail or port authorities in the railway stations or inland waterway or sea ports concerned when that part of the journey carried out by rail or inland waterway or by sea has been completed

[Name, address, [Article contact details 3.2(a) and signature of (replacing the shipper] article 3

Council Directive 92/106/EEC i)]

[Place and date [Article where combined 3.2(b) transport (replacing operations begins article 3 in the Union] Council

Directive 92/106/EEC i)]

[Name, address [Article and contact 3.2(c) details of the (replacing consignee] article 3

Council Directive 92/106/EEC i)]

[Place and date [Article where combined 3.2(d) transport (replacing operations ends article 3

Council in the Union] Directive

92/106/EEC)]

[Distance as the [Article crow flies 3.2(e) between the (replacing place where the article 3 combined Council transport Directive operation begins 92/106/EEC)] and the place where the combined transport operations ends in the Union]

[A description, [Article 3.2(f) signed by the (replacing shipper, of the article 3 combined Council transport Directive operation routing 92/106/EEC)] including at least the following details for each leg, including for each mode of transport which constitutes the non-road leg, of the operation within the Union:

(i) leg order (i.e. first leg, non-road leg or final leg);

(ii) name, address and contact details of the carrier;

(iii) mode of transport and its order in the operation.]

[Identification of [Article the intermodal 3.2(g) load unit (replacing transported] article 3

Council Directive 92/106/EEC i)]

[For the initial [Article road transport 3.2(h) leg: (replacing (i) the place of article 3 transhipment to Council the non-road leg; Directive (ii) the distance 92/106/EEC)] of the initial road transport leg as the crow flies between the place of shipment and the first transhipment terminal;

(iii) if the initial road leg is completed, a signature of the carrier confirming that the transport operation of the road leg has been carried out]

[For the final [Article 3.2(i) road transport (replacing leg: article 3 (i) the place Council where the goods Directive are taken [over] 92/106/EEC)] from the nonroad leg (rail, inland waterways or maritime transport);

(ii) the distance of the final road transport leg as the crow flies between the place of transhipment and the place where the combined transport operation ends in the Union); ]

[For the non-road [Article 3.2(j) leg: (replacing (i) if the non-road article 3 leg is completed, Council a signature of the Directive carrier (or 92/106/EEC)] carriers in the case of two or more non-road operations on the non-road leg) confirming that the transport operation on the non-road leg has been carried out;

(ii) when available, a signature or seal of the relevant rail or port authorities in the relevant terminals

(railway station or port) concerned along the non-road leg operation confirming that the relevant part of the non-road leg has been completed. ]

Name, address Article 8.3(a) [Article and signature of 8.3(a) (no the sender changes

proposed)]

Name, address Article 8.3(b) [Article and signature of 8.3(b) (no the haulier changes

proposed)]

The name and Article 8.3(c) [Article address of the 8.3(c) (no consignee as well changes as his signature proposed)] and the date of delivery once the goods have been delivered

The place and Article 8.3(d) [Article date of taking 8.3(d) (no over the goods changes and the place proposed)] designated for delivery

The description in Article 8.3(e) [Article common use of 8.3(e) (no the nature of the changes goods and the proposed)] method of packing, and, in the case of dangerous goods, their generally recognised description, as well as the number of packages and their special marks and numbers

The gross mass of Article 8.3(f) [Article the goods or their 8.3(f) (no quantity changes otherwise proposed)] expressed

The number Article 8.3(g) [Article plates of the 8.3(g) (no motor vehicle changes and trailer proposed)]

Unique Annex 6.3.2.6(a) alphanumeric identifier of the regulated agend as received from the appropriate authority

A unique Annex 6.3.2.6(b) identifier of the consignment, such as the number of the

(house or master) air waybill

The content of Annex 6.3.2.6(c) the consignment

(**)

The security Annex 6.3.2.6(d) status of the consignment, stating:

• - 

  'SPX', meaning secure for passenger, allcargo and all-mail aircraft, or

• - 

  'SCO', meaning secure for allcargo and all-mail aircraft only, or

• - 

  'SHR', meaning secure for passenger, allcargo and all-mail aircraft in accordance with high risk requirements

The reason that Annex 6.3.2.6(e) the security status was issued, stating:

• - 

  ‘KC’, meaning received from known consignor, or

• - 

  ‘AC’, meaning received from account consignor, or

• - 

  ‘RA’, meaning selected by a regulated agent, or

• - 

  The means or method of screening used, or

• - 

  The grounds for exempting the consignment from screening

The name of the Annex 6.3.2.6(f) person who issued the security status, or an equivalent identification, and the date and time of issue

The unique Annex 6.3.2.6(g) identifier received from the appropriate authority, of any regulated agend who has accepted the security status given to a consignment by another regulated agent

General 5.4.1.1.1

information required in the transport document

General 5.4.1.1.2 – information ADN only required for carriage in tank vessels

Specific 5.4.1.1.3 to information 5.4.1.1.21 – required to be ADR and included for RID certain types of

dangerous goods, 5.4.1.1.3 to or certain means 5.4.1.1.22 – of containment, ADN

or in case of a transport chain including different modes of transport, according to special provisions in Chapter 5.4 of the respective

Annexes to ADR,

RID and ADN

Additional and 5.4.1.2 special information required for certain classess of dangerous goods

Non Dangerous 5.4.1.5

Goods

Container packing 5.4.2 certificate

Instructions in 5.4.3 writing

Information Annex IA contained in the notification document for shipments of waste that are subject to the procedure of prior written notification and consent pursuant to Article 4 of

Regulation (EC)

No 1013/2006

Information Annex IB contained in the movement document for shipments of waste that are subject to the procedure of prior written notification and consent pursuant to Article 4 of Regulation (EC) No 1013/2006

Information Annex VII contained in the document accompanying the shipments of waste that are subject to the general information requirements of Article 18 of Regulation (EC) No 1013/2006

• 2. 

  PART B - Member States’ law C

• 3. 

  The relevant Member States’ national law

  requiring the provision of information

  identical, in whole or in part, to the

  information specified in point a) and b) of

  Article 1(2) are listed below.

4.

Member States’ law [Member State]

• 5. 

  1) Legal act: [provision]

6.

The table below lists the relevant Member States’ national legislation 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 specified in point A of this Annex.

7.

[Member State]

8.

Legislation [Legislation [Legislation […] [Legislation

reference] reference] reference])

Information item

[Information item as specified in the respective legal act article] [Article [Article [Article

reference] reference] reference]

[…] […] […] […] […]

[Information item as specified in the respective legal act article] [Article [Article […] [Article

reference] reference] reference]

9.

[Member State]

10.

Legislation [Legislation [Legislation […] [Legislation

reference] reference] reference])

Information item

[Information item as specified in the respective legal act article] [Article [Article [Article

reference] reference] reference]

[…] […] […] […] […]

[Information item as specified in the respective legal act article] [Article [Article […] [Article

reference] reference] reference]

• 11. 

  ANNEX II ANNEX II

  REQUIREMENTS RELATING TO

  REQUIREMENTS RELATING TO NOTIFIED BODIES CONFORMITY ASSESSMENT BODIES

• 12. 

  1. For the purposes of notification, a conformity assessment body shall meet the requirements laid Deleted. B

  down in paragraphs 2 to 11.

• 13. 

  2. A conformity assessment body shall be established under national law of a Member State and 2. A conformity assessment body shall be

  have legal personality. established under national law of a Member

  State and have legal personality.

• 14. 

  3. A conformity assessment body shall be a third-party body independent of the organisation or the 3. A conformity assessment body shall be a

  eFTI platform or platform service provider it assesses. third-party body independent of the organisation

  or the eFTI platform or platform service

  provider it assesses.

• 15. 

  A body belonging to a business association or professional federation representing undertakings A body belonging to a business association or

  involved in the design, manufacturing, provision, assembly, use or maintenance of eFTI platform professional federation representing or platform service provider which it assesses may, on condition that its independence and the undertakings involved in the design, absence of any conflict of interest are demonstrated, be considered such a body. manufacturing, provision, assembly, use or maintenance of eFTI platform or platform service provider which it assesses may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.

• 16. 

  4. A conformity assessment body, its top level management and the personnel responsible for A conformity assessment body, its top level

  carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, management and the personnel responsible for installer, purchaser, owner, user or maintainer of the eFTI platform or platform service provider carrying out the conformity assessment tasks which they assess, nor the representative of any of those parties. shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the eFTI platform or platform service provider which they assess, nor the representative of any of those parties.

• 17. 

  A conformity assessment body, its top level management and the personnel responsible for A conformity assessment body, its top level

  carrying out the conformity assessment tasks shall not be directly involved in the design, management and the personnel responsible for manufacture or construction, the marketing, installation, use or maintenance of that eFTI platform carrying out the conformity assessment tasks or platform service provider, or represent the parties engaged in those activities. They shall not shall not be directly involved in the design, engage in any activity that may conflict with their independence of judgement or integrity in manufacture or construction, the marketing, relation to conformity assessment activities for which they are notified. This shall in particular installation, use or maintenance of that eFTI apply to consultancy services. platform or platform service provider, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall in particular apply to consultancy services.

• 18. 

  Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors Conformity assessment bodies shall ensure that

  do not affect the confidentiality, objectivity or impartiality of their conformity assessment the activities of their subsidiaries or activities. subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

• 19. 

  5. Conformity assessment bodies and their personnel shall carry out the conformity assessment Conformity assessment bodies and their

  activities with the highest degree of professional integrity and the requisite technical competence in personnel shall carry out the conformity the specific field and shall be free from all pressures and inducements, particularly financial, which assessment activities with the highest degree of might influence their judgement or the results of their conformity assessment activities, especially professional integrity and the requisite technical as regards persons or groups of persons with an interest in the results of those activities. competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.

• 20. 

  6. A conformity assessment body shall be capable of carrying out all the conformity assessment A conformity assessment body shall be capable A

tasks assigned to it by Articles 12 and 13 in relation to which it has been notified, whether those of carrying out all the conformity assessment

tasks are carried out by the conformity assessment body itself or on its behalf and under its tasks assigned to it by Articles 12 and 13 in

responsibility. relation to which it has been notified11and 12,

whether those tasks are carried out by the

conformity assessment body itself or on its

behalf and under its responsibility.

• 21. 

  At all times and for each certification procedure in relation to which it has been notified, a At all times and for each certification procedure A

  conformity assessment body shall have at its disposal the necessary: in relation to which it has been notified, aA

  conformity assessment body shall have at its

  disposal the necessary:

• 22. 

  (a) personnel with technical knowledge and sufficient and appropriate experience to perform the (a) personnel with technical knowledge and

  conformity assessment tasks; sufficient and appropriate experience to perform

  the conformity assessment tasks;

• 23. 

  (b) descriptions of procedures in accordance with which conformity assessment is carried out, (b) descriptions of procedures in accordance A

  ensuring the transparency and the ability of reproduction of those procedures. It shall have with which conformity assessment is carried out, appropriate policies and procedures in place that distinguish between tasks it carries out as a ensuring the transparency and the ability of notified body and other activities; reproduction of those procedures. It shall have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;

• 24. 

  (c) procedures for the performance of activities which take due account of the size of an (c) procedures for the performance of

  undertaking, the sector in which it operates, its structure and the degree of complexity of the activities which take due account of the size of technology in question. an undertaking, the sector in which it operates, its structure and the degree of complexity of the technology in question.

• 25. 

  A conformity assessment body shall have the means necessary to perform the technical and A conformity assessment body shall have the

  administrative tasks connected with the conformity assessment activities in an appropriate manner. means necessary to perform the technical and

  administrative tasks connected with the

  conformity assessment activities in an

  appropriate manner.

• 26. 

  7. The personnel responsible for carrying out conformity assessment tasks shall have the following: 7. The personnel responsible for carrying out

  conformity assessment tasks shall have the following:

• 27. 

  (a) sound technical and vocational training covering all the conformity assessment activities in (a) sound technical and vocational training A

  relation to which the conformity assessment body has been notified; covering all the conformity assessment activities

  in relation to which the conformity assessment

  body has been notified;

• 28. 

  (b) satisfactory knowledge of the requirements of the assessments they carry out and adequate (b) satisfactory knowledge of the requirements

  authority to carry out those assessments; of the assessments they carry out and adequate

  authority to carry out those assessments;

• 29. 

  (c) appropriate knowledge and understanding of the requirements set out in Article 9; (c) appropriate knowledge and understanding

  of the requirements set out in Article 9;

• 30. 

  (d) the ability to draw up compliance certificates, records and reports demonstrating that (d) the ability to draw up compliance

  assessments have been carried out. certificates, records and reports demonstrating

  that assessments have been carried out.

• 31. 

  8. The impartiality of the conformity assessment bodies, their top level management and of the 8. The impartiality of the conformity

  personnel responsible for carrying out the conformity assessment tasks shall be guaranteed. assessment bodies, their top level management

  and of the personnel responsible for carrying out

  the conformity assessment tasks shall be

  guaranteed.

• 32. 

  The remuneration of the top level management and personnel responsible for carrying out the The remuneration of the top level management

conformity assessment tasks of a conformity assessment body shall not depend on the number of and personnel responsible for carrying out the

assessments carried out or on the results of those assessments. conformity assessment tasks of a conformity

assessment body shall not depend on the number

of assessments carried out or on the results of

those assessments.

• 33. 

  9. Conformity assessment bodies shall take out liability insurance unless liability is assumed by the 9. Conformity assessment bodies shall take

  State in accordance with national law, or the Member State itself is directly responsible for the out liability insurance unless liability is assumed conformity assessment. by the State in accordance with national law, or the Member State itself is directly responsible for the conformity assessment.

• 34. 

  10. The personnel of a conformity assessment body shall observe professional secrecy with regard 10. The personnel of a conformity assessment A

  to all information obtained in carrying out their tasks under Articles 12 and 13 or any provision of body shall observe professional secrecy with national law giving effect to them, except in relation to the competent authorities of the Member regard to all information obtained in carrying out State in which its activities are carried out. Proprietary rights shall be protected. their tasks under Articles 1211 and 1312 or any provision of national law giving effect to them, except in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.

• 35. 

  11. Conformity assessment bodies shall participate in, or ensure that their personnel responsible for 11. Conformity assessment bodies shall

carrying out the conformity assessment tasks are informed of, the relevant standardisation activities participate in, or ensure that their personnel

and relevant regulatory activities. responsible for carrying out the conformity

assessment tasks are informed of, the relevant

standardisation activities and relevant regulatory

activities.

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