Commission Implementing Regulation (EU) 2023/2381of 29 September 2023amending Implementing Regulation (EU) 2016/480 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings(Text with EEA relevance)

Commission Implementing Regulation (EU) 2023/2381 of 29 September 2023 amending Implementing Regulation (EU) 2016/480 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (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 OJ L 300, 14.11.2009, p. 51. , and in particular Article 16(6) thereof, After consulting the Road Transport Committee referred to in Article 42(1) of Regulation (EU) No 165/2014 of the European Parliament and of the Council 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). , Whereas: (1) Article 16(1) of Regulation (EC) No 1071/2009 requires the Member States to keep a national electronic register of road transport undertakings that have been authorised by a competent authority to engage in the occupation of road transport operator. (2) Article 16(5) and (6) of Regulation (EC) No 1071/2009 requires the national electronic registers to be interconnected, mandating the Commission to adopt common rules concerning such interconnection. (3) Commission Implementing Regulation (EU) 2016/480 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 (OJ L 87, 2.4.2016, p. 4). sets up an electronic system for the interconnection of the national electronic registers, called the European Registers of Road Transport Undertakings (ERRU). By interconnecting all the national electronic registers, the information contained in each national electronic register is made available to the competent national authorities of all Member States. (4) Regulation (EC) No 1071/2009 has been amended by Regulation (EU) 2020/1055 Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector (OJ L 249, 31.7.2020, p. 17). , now requiring national registers to include additional information on road transport undertakings. Such additional information must also be made available to the competent national authorities of the Member States during roadside checks. Consequently, ERRU should be updated to provide the functionalities that allow the additional information to be exchanged, as well as made available to the relevant authorities.

(5) Implementing Regulation (EU) 2016/480 should therefore be amended accordingly. HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2016/480 is amended as follows: (1) In Article 2, the following point is added: (l) Clean check means a check where no infringements are detected; (2) In Article 5, paragraph 2 is replaced by the following: 2. Member States shall grant control bodies in charge of roadside checks access to the Check Transport Undertaking Data functionality. ; (3) Annexes II, III, VI and VIII are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 September 2023. For the Commission The President Ursula von der Leyen

Annex

ANNEX Annexes II, III, VI and VIII to Implementing Regulation (EU) 2016/480 are amended as follows: (1) in Annex II, point 1 is replaced by the following:

1. The following functionalities shall be provided through ERRU: 1.1. Check Good Repute (CGR): allows the requesting Member State to send a query to one or all responding Member States, to determine the fitness of a transport manager and so the authorisation to operate a transport undertaking. 1.2. Notification of Check Result (NCR): allows the Member State where the check was carried out to notify the result of a check to the Member State of establishment. When a serious infringement has been found during the check, the Member State where the infringement was detected notifies the Member State of establishment through NCR that the transport undertaking has committed a serious infringement, and may request penalties to be applied to the transport undertaking in the Member State of establishment. When no infringement has been detected during the check, NCR allows the Member State where the check has been carried out to notify the Member State of establishment the positive result of the check. 1.3. Check Transport Undertaking Data (CTUD): allows the requesting Member State to send a query to the responding Member State about the following data that are specific to a transport undertaking: information about the Community Licence and the certified true copies, risk rating and risk rating band, number of vehicles at the disposal of the transport undertaking, registration number and registration country of the vehicles at the disposal of the transport undertaking, number of employees. 1.4. Notification of Unfitness (NU): allows a Member State to inform all other Member States that a transport manager has been declared unfit and that as a result, its certificate of professional competence is no longer valid in any Member State.; (2) In Annex III, the Appendix is replaced by the following: ; (3) in Annex VI, point 1.5 is replaced by the following: 1.5. When sending Check Good Repute responses, Notification of Check Result acknowledgements, Check Transport Undertaking Data responses and Declaration of Unfitness acknowledgements in accordance with Annex VIII:

1.5.1. They shall respond to requests within 10 seconds. 1.5.2. The global request timeout (time within which the requestor may wait for a response) shall not exceed 20 seconds. 1.5.3. They shall be able to service a request rate of 6 messages per second.; (4) Annex VIII is replaced by the following:

1. CHECKING THE GOOD REPUTE OF TRANSPORT MANAGERS When verifying through ERRU, in accordance with Article 11(4) of Regulation (EC) No 1071/2009, whether a transport manager has been declared in one of the Member States as unfit to manage the transport activities of an undertaking, Member States shall perform a broadcast CGR search by sending a Check Good Repute Request. The responding Member States shall reply to the request by sending a Check Good Repute Response.
2. NOTIFICATION OF CHECK RESULTS 2.1. For the notification of a serious infringement through ERRU, the Member State of infringement shall send a Notification of Check Result to the Member State of establishment with the information about the infringement. Infringements not categorised in Directive 2006/22/EC or in Regulation (EC) No 1071/2009 shall not be notified. 2.2. When no infringement has been detected during the check, a Notification of Check Result shall be sent to the Member State of establishment consisting of the information about the clean check as set out in Annex III. 2.3. A check shall not be considered as a clean check when minor infringements have been detected. Where only minor infringements have been detected during the check, a Notification of Check Result shall be sent to the Member State of establishment consisting of information about the date and number of minor infringements detected. 2.4. The Notification of Check Result shall be sent as soon as possible, and at the latest within 6 weeks of the final decision on the infringements detected, if any, providing the information set out in Annex III. 2.5. The Member State of establishment shall reply to the Notification of Check Result by sending a Notification of Check Result Response, as soon as possible and at the latest within 6 weeks of the final decision on the matter, informing of which, if any, of the penalties requested by the Member State of infringement have been imposed. If such penalties are not imposed, the Notification of Check Result Response shall include the reasons therefor. The Notification of Check Result Response shall not be necessary when the Notification of Check Result refers to a clean check. 2.6. In all cases, a Notification of Check Result and a Notification of Check Result Response shall be acknowledged by means of a Notification of Check Result Acknowledgement.
3. CHECKING THE TRANSPORT UNDERTAKING DATA 3.1. When checking through ERRU any of the transport undertaking data referred to in point 1.3 of Annex II, a Member State shall send a Check Transport Undertaking Data Request to the Member State of establishment. 3.2. The Member State of establishment shall reply by sending a Check Transport Undertaking Data Response.

3.3. Queries sent through the CTUD functionality shall be carried out by entering either the name of the transport undertaking, its Community licence number or the number of any of the certified true copies, or the registration number of any of its vehicles, without being necessary to perform a query by typing more than two of the aforementioned entries. 3.4. Responding Member States, when searching in their registers the result of a CTUD request on the basis of either the Community licence or the registration number of a vehicle, shall take measures to adapt the format of the data in the search request to the format of the data in the national register. In particular, Responding Member States, when searching in their registers the result of a CTUD request on the basis of either the Community licence or the registration number of a vehicle, shall ignore special characters such as hyphens or slashes. Blanks shall also be ignored. 3.5. Responding Member States shall return to the requesting Member States all the information that is available through the XML messages defined in Annex III. If a part of the information requested has not been found, this shall not preclude responding Member States to provide the rest of the information requested that is available in the register, including the registration number of vehicles with no associated certified true copy. 4. NOTIFYING THE UNFITNESS OF A TRANSPORT MANAGER 4.1. When a transport manager has been declared to be unfit in one Member State, that Member State may send a Notification of Unfitness to all other Member States. 4.2. In all cases, a Notification of Unfitness shall be acknowledged by means of a Notification of Unfitness Acknowledgement.

Annex

Appendix Minimum requirements for the content of the XML messages Common HeaderMandatoryVersionThe official version of the XML specifications will be specified through the namespace defined in the message XSD and in the version attribute of the Header element of any XML message. The version number (n.m) will be defined as fixed value in every release of the XML Schema Definition file (xsd).YesTest IdentifierOptional id for testing. The originator of the test will populate the id and all participants in the workflow will forward/return the same id. In production it should be ignored and will not be used if it is supplied.NoTechnical IdentifierA UUID uniquely identifying each individual message. The sender generates a UUID and populates this attribute. This data is not used in any business capacity.YesWorkflow IdentifierThe workflowId is a UUID and should be generated by the requesting Member State. This id is then used in all messages to correlate the workflow.YesSent AtThe date and time (UTC) that the message was sent.Yes TimeoutThis is an optional date and time (in UTC format) attribute. This value will be set only by the central hub for forwarded requests and is calculated based on the date/time the initial request has been received by the central hub. This will inform the responding Member State of the time when the request will be timed out. This value is not required in initial requests sent to the central hub and all response messages.NoFromThe ISO 3166-1 Alpha 2 code of the Member State sending the message or EU.YesToThe ISO 3166-1 Alpha 2 code of the Member State to which the message is being sent or EU.Yes

Check Good Repute Check Good Repute RequestMandatoryBusiness Case IdentifierA serial or reference number identifying each individual request.YesRequesting Competent AuthorityThe competent authority that has issued the search request.YesTransport Manager DetailsYes, if no CPC detailsFamily NameTransport manager’s family name(s) as indicated on the CPC.YesFirst NameTransport manager’s complete given name as indicated on the certificate of professional competence.YesDate of BirthTransport manager’s birth date in ISO 8601 format (YYYY-MM-DD).YesPlace of BirthTransport manager’s place of birth.NoAddressThe address, city, postcode and country of the transport manager.NoCPC DetailsYes, if no transport manager detailsCPC NumberNumber of certificate of professional competenceYesCPC Issue DateDate of issuance of the CPC, in ISO 8601 format (YYYY-MM-DD).YesCPC Issue CountryIssuing country of the CPC in ISO 3166-1 alpha 2 format.YesCheck Good Repute ResponseMandatoryBusiness Case IdentifierA serial or reference number matching the business case identifier of the request.Yes Requesting Competent AuthorityThe competent authority that has issued the search request.YesResponding Competent AuthorityThe competent authority that has responded to the search request.YesStatus CodeThe status code of the search (e.g. found, not found, error, etc.).YesStatus MessageAn explanatory status description (if necessary).NoFound Transport Manager DetailsYes if Status Code is FoundFamily NameTransport manager’s family name(s) as recorded in the register.YesFirst NameTransport manager’s complete given name as recorded in the register.YesDate of BirthTransport manager’s birth date in ISO 8601 format (YYYY-MM-DD) as recorded in the register.YesPlace of BirthTransport manager’s place of birth as recorded in the register.NoCPC NumberNumber of certificate of professional competence as recorded in the register.YesCPC Issue DateDate of issuance of the CPC, in ISO 8601 format (YYYY-MM-DD) as recorded in the register.YesCPC Issue CountryIssuing country of the CPC in ISO 3166-1 alpha 2 format as recorded in the register.YesCPC ValidityDeclaration of either Valid or InvalidYesTotal Managed UndertakingsThe number of transport undertakings with which the transport manager is associated.YesTotal Managed VehiclesThe total number of vehicles with which the transport manager is associated.YesFitnessDeclaration of either Fit or Unfit.YesStart Date of UnfitnessStart date of unfitness of the transport manager in ISO 8601 format (YYYY-MM-DD).Yes if Fitness is Unfit.End Date of UnfitnessEnd date of unfitness of the transport manager in ISO 8601 format (YYYY-MM-DD).Yes if Fitness is Unfit.Search MethodThe method used to find the transport manager: NYSIIS, CPC, Custom.Yes Transport Undertaking (for each found Transport Manager)Yes if Managed Undertakings > 0Transport Undertaking NameThe name of the transport undertaking (name and legal form) as recorded in the register.YesTransport Undertaking AddressThe address of the transport undertaking (address, postal code, city, country) as recorded in the register.YesCommunity Licence NumberThe serial number of the Community licence of the transport undertaking (free text alphanumeric field with length 1 to 20).YesCommunity Licence StatusThe status of the community licence of the transport undertaking as recorded in the register.YesManaged VehiclesThe number of vehicles managed as recorded in the register.Yes

Notification of Check Result 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). Notification of Check ResultMandatoryBusiness Case IdentifierA serial or reference number identifying each individual notification.YesNotifying Competent AuthorityThe competent authority that issues the notification.YesTransport UndertakingYesTransport Undertaking NameThe name of the transport undertaking being object of the check.YesCommunity Licence NumberThe serial number of the community licence or of the certified true copy of the transport undertaking (free text alphanumeric field with length 1 to 20).YesVehicle Registration NumberThe vehicle registration number of the vehicle checkedYesVehicle Registration CountryThe country in which the vehicle checked is registeredYesGeneral information about the checkDate of checkDate of check in ISO 8601 format (YYYY-MM-DD)YesClean checkYes/NoYes Minor infringementsYes, if minor infringement(s) detected during the checkDate of minor infringementDate of the infringement in ISO 8601 format (YYYY-MM-DD)YesNumber of minor infringementsThe number of minor infringements detected.YesSerious infringementYes, if serious infringement detected during the checkDate of InfringementDate of the infringement in ISO 8601 format (YYYY-MM-DD)YesCategory The category of the infringement: MSI: Most serious infringement VSI: Very serious infringement SI: Serious infringement YesInfringement TypeIn accordance with the classification provided in Annex IV to Regulation (EC) No 1071/2009 and Annex I to Commission Regulation No (EU) 2016/403YesAppeal Possible If an appeal against the infringement is still possible at the time of notification. Yes/No YesPenalty Imposed (for each serious infringement)Yes, if relevantPenalty Imposed IdentifierThe serial number of the individual penalty imposed.YesFinal Decision DateThe final decision date of the penalty imposed in ISO 8601 format (YYYY-MM-DD).YesPenalty Type Imposed Declaration of either: 101: Warning 201: Temporary ban on cabotage operations 202: Fine 203: Prohibition 204: Immobilisation 102: Other YesStart DateThe start date of the penalty imposed in ISO 8601 format (YYYY-MM-DD)NoEnd DateThe end date of the penalty imposed in ISO 8601 format (YYYY-MM-DD)NoExecutedYes/NoYes Penalty Requested (for each Serious Infringement)NoPenalty Requested IdentifierThe serial number of the individual penalty requested.YesPenalty Type Requested Declaration of either: 101: Warning 301: Temporary withdrawal of some or all of the certified true copies of the Community licence 302: Permanent withdrawal of some or all of the certified true copies of the Community licence

303: Temporary withdrawal of the Community licence 304: Permanent withdrawal of the Community licence 305: Suspension of the issue of driver attestations 306: Withdrawal of driver attestations 307: Issue of driver attestations subject to additional conditions in order to prevent misuse YesDurationThe duration of the requested penalty (calendar days).NoNotification of Check Result ResponseMandatory, if infringement(s) detected during the checkBusiness Case IdentifierA serial or reference number matching the business case identifier of the notification.YesOriginating Competent AuthorityThe competent authority that issued the original infringement notification.YesLicensing Competent AuthorityThe competent authority responding to the infringement notification.YesStatus CodeThe status code of the infringement response (e.g. found, not found, error, etc.).YesStatus MessageAn explanatory status description (if necessary).NoTransport UndertakingYesTransport Undertaking NameThe name of the transport undertaking as recorded in the register.YesTransport Undertaking AddressThe address of the transport undertaking (address, postal code, city, country) as recorded in the register.YesCommunity Licence NumberThe serial number of the community licence of the transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20).Yes Community Licence StatusThe status of the community licence of the transport undertaking as recorded in the register.YesPenalty ImposedNoPenalty Imposed IdentifierThe serial number of the individual penalty imposed (given in the Penalty Requested Identifier of the Notification of Check Result).YesCompetent Authority Imposing PenaltyThe name of the competent authority imposing the penalty.YesIs ImposedYes/NoYesPenalty Type Imposed Declaration of either: 101: Warning 301: Temporary withdrawal of some or all of the certified true copies of the Community licence 302: Permanent withdrawal of some or all of the certified true copies of the Community licence 303: Temporary withdrawal of the Community licence 304: Permanent withdrawal of the Community licence 305: Suspension of the issue of driver attestations 306: Withdrawal of driver attestations 307: Issue of driver attestations subject to additional conditions in order to prevent misuse 102: Other YesStart DateThe start date of the penalty imposed in ISO 8601 format (YYYY-MM-DD).NoEnd DateThe end date of the penalty imposed in ISO 8601 format (YYYY-MM-DD).NoReasonReason if penalty is not imposed.NoNotification of Check Result AcknowledgementMandatoryBusiness Case IdentifierA serial or reference number matching the business case identifier of the notification or the response.YesStatus CodeStatus code of the acknowledgement.YesStatus MessageStatus Message StringNoOriginating Competent Authority For a NCRN_Ack: in the legislation this field is represented as Destination Competent Authority Identifier. For a NCRR_Ack: in the legislation this field is represented as Acknowledging Competent Authority Identifier.

YesLicensing Competent Authority For a NCRN_Ack: in the legislation this field is represented as Acknowledging Competent Authority Identifier. For a NCRR_Ack: in the legislation this field is represented as Destination Competent Authority Identifier. Yes Acknowledgement Type Defining Acknowledgement Type Possible Values: NCRN_Ack NCRR_Ack Yes Check Transport Undertaking Data Check Transport Undertaking Data RequestMandatoryBusiness Case IdentifierA serial or reference number identifying each individual request.YesOriginating Competent AuthorityThe competent authority issuing the search request.YesTransport Undertaking IdentificationYesTransport Undertaking NameThe name of the transport undertaking.At least two of the search fields are required.Community Licence NumberThe serial number of the community licence or of the certified true copy (free text alphanumeric field with length 1 to 20).Vehicle Registration NumberThe registration number of one of the vehicles of the transport undertaking.Vehicle Registration CountryThe country of registration of the vehicle.Yes, if vehicle registration number provided.Request All Vehicles To request the registration numbers of all vehicles managed by the undertaking. Yes/No YesCheck Transport Undertaking Data ResponseMandatoryBusiness Case IdentifierA serial or reference number identifying each individual requestYesOriginating Competent AuthorityThe competent authority issuing the search request.YesResponding Competent AuthorityThe competent authority providing the response.YesStatus CodeThe status code of the response (e.g. found, not found, error, etc.).YesStatus MessageAn explanatory status description (if necessary).No General Information about the Transport UndertakingYes, if status code is foundTransport Undertaking NameThe name of the transport undertaking (name and legal form).YesTransport Undertaking AddressThe address of the transport undertaking (address, postal code, city, country) as recorded in the registerYesNumber of Managed VehiclesThe number of vehicles managed as recorded in the register.YesNumber of People EmployedThe number of people employed in the undertaking on last 31 December.YesRisk RatingThe risk rating of the undertaking.YesRisk Rating BandThe risk rating band of the undertaking (green, amber, red, grey).YesCommunity Licence DetailsYes, if status code is foundLicencing Competent AuthorityThe competent authority that issued the community licence to the transport undertakingYesCommunity Licence NumberThe serial number of the community licence of the transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20)YesLicence StatusThe status of the community licence of the transport undertaking as recorded in the registerYesLicence Type The type of the community licence as recorded in the register. A declaration of: Community licence for passenger transport National licence for passenger transport Community licence for goods transport Community licence for goods transport, exclusively ≤ 3,5 t

National licence for goods transport YesStart DateThe start date of the community licenceYesExpiry DateThe expiry date of the community licenceYesWithdrawal DateThe withdrawal date of the community licenceYes, if foundSuspension DateThe suspension date of the community licenceYes, if foundSuspension Expiry DateThe date on which the community licence suspension expiresYes, if foundCertified True Copy DetailsYes Certified True Copy NumberThe serial number of each certified true copy of the community licence of the transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20)YesStart DateThe start date of each certified true copy of the community licence.YesExpiry DateThe expiry date of each certified true copy of the community licence.YesWithdrawal DateThe withdrawal date of each certified true copy of the community licence.Yes, if foundSuspension DateThe suspension date of the certified true copy of the community licence.Yes, if foundSuspension Expiry DateThe date on which each certified true copy of the community licence suspension expires.Yes, if foundVehicle DetailsYes, if value of Request All Vehicles in CTUD Request is Yes.Vehicle Registration NumberThe registration number of each of the vehicles of the transport undertakingYesVehicle registration countryThe registration country of each of the vehicles of the transport undertaking.Yes Notification of Unfitness Notification of UnfitnessMandatoryBusiness Case IdentifierA serial or reference number identifying each individual notification.YesNotifying Competent AuthorityThe competent authority that issues the notification.YesTransport Manager DetailsYes, if no CPC detailsFamily NameTransport manager’s family name(s) as indicated on the CPC.YesFirst NameTransport manager’s complete given name as indicated on the certificate of professional competence.YesDate of BirthTransport manager’s birth date in ISO 8601 format (YYYY-MM-DD).YesPlace of BirthTransport manager’s place of birth.No CPC DetailsYes, if no transport manager detailsCPC NumberNumber of certificate of professional competenceYesCPC Issue DateDate of issuance of the CPC, in ISO 8601 format (YYYY-MM-DD).YesCPC Issue CountryIssuing country of the CPC in ISO 3166-1 alpha 2 format.YesDeclaration of UnfitnessYesStart Date of UnfitnessStart date of unfitness, in ISO 8601 format (YYYY-MM-DD).YesNotification of Unfitness AcknowledgementMandatoryBusiness Case IdentifierA serial or reference number matching the business case identifier of the notification.YesOriginating Competent AuthorityThe competent authority issuing the notification.YesResponding Competent AuthorityThe competent authority providing the acknowledgement.YesStatus CodeStatus code of the acknowledgement.YesStatus MessageStatus Message StringNo