Regulation (EU) 2020/1056 of the European Parliament and of the Council of 15 July 2020 on electronic freight transport information (Text with EEA relevance)
REGULATION (EU) 2020/1056 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 on electronic freight transport information (Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
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.
Article 2
Scope
This Regulation applies to:
(a) regulatory information requirements set out in: (i) Article 6(1) of EEC Council Regulation No 11 (1); (ii) Article 3 of Council Directive 92/106/EEC (2); (iii) Article 8(3) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council (3); (iv) Article 9(2), 16(1) and Article 18(4) of Regulation (EU) 2024/1157 of the European Parliament and of the Council (4); 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 (5); 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 (6) or to Regulation (EC) No 300/2008 of the European Parliament and of the Council (7). 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.
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.
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.
Article 3
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.
CHAPTER II
REGULATORY INFORMATION MADE AVAILABLE ELECTRONICALLY
Article 4
Requirements for economic operators concerned
Article 5
Requirements for competent authorities
Article 6
Confidential commercial information
Competent authorities, eFTI service providers and the economic operators concerned shall take measures to ensure the confidentiality of commercial information that is processed and exchanged in accordance with this Regulation and ensure that such information may be accessed and processed only when authorised.
Article 7
eFTI common data set and eFTI data subsets
When adopting the delegated acts referred to in paragraph 1, the Commission shall:
(a) take into account relevant international conventions and Union law; and
(b) seek to ensure the interoperability of the eFTI common data set and eFTI data subsets with relevant data models that are accepted internationally or at Union level, including multimodal data models.
Article 8
Common procedures and rules for access
CHAPTER III
eFTI PLATFORMS AND eFTI SERVICE PROVIDERS
SECTION 1
Requirements for eFTI platforms and eFTI service providers
Article 9
Functional requirements for eFTI platforms
The eFTI platforms used for processing regulatory information shall provide functionalities that ensure that:
(a) personal data can be processed in accordance with Regulation (EU) 2016/679;
(b) commercial data can be processed in accordance with Article 6;
(c) competent authorities can access and process data in accordance with the specifications adopted by means of delegated and implementing acts referred to in Articles 7 and 8;
(d) the economic operators concerned can make information available to competent authorities in accordance with Article 4;
(e) a unique electronic identifying link can be established between a shipment and the related data elements, including a structured reference to the eFTI platform where the data is made available, such as a unique reference identifier;
(f) data can be processed solely on the basis of authorised and authenticated access;
(g) all data processing is duly recorded in operation logs in order to allow, as a minimum, the identification of each distinct processing operation, the natural or legal person having made the operation and the sequencing of the operations on each individual data element; if an operation involves modifying or erasing an existing data element, the original data element shall be preserved;
(h) data can be archived and remain accessible for competent authorities in accordance with the relevant Union legal acts and national law laying down the respective regulatory information requirements;
(i) the operation logs referred to in point (g) of this paragraph are archived and remain accessible for competent authorities for auditing purposes for the period of time specified in the relevant Union legal acts and national law laying down the respective regulatory information requirements and, for monitoring purposes, for the periods of time referred to in Article 17;
(j) data is protected against corruption and theft;
(k) the data elements processed correspond to the eFTI common data set and to eFTI data subsets as established by the delegated acts referred to in Article 7, and can be processed in any of the official languages of the Union as provided for by the relevant Union legal acts and national law laying down the respective regulatory information requirements.
The Commission shall adopt implementing acts laying down detailed specifications regarding the requirements set out in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2). When adopting those specifications, the Commission shall:
(a) seek to ensure the interoperability of the eFTI platforms;
(b) take into account relevant existing technical solutions and standards;
(c) ensure that those specifications remain, to the largest extent possible, technologically neutral.
The first such implementing act shall cover all the elements referred to in paragraph 1 of this Article and shall be adopted no later than 21 August 2023.
Article 10
Requirements for eFTI service providers
eFTI service providers shall ensure that:
(a) data is processed only by authorised users and in accordance with clearly defined and assigned processing rights within the eFTI platform, in accordance with the relevant regulatory information requirements;
(b) data is stored and accessible in accordance with the Union legal acts and national law laying down the respective regulatory information requirements;
(c) competent authorities have immediate access to regulatory information concerning a freight transport operation processed by means of their eFTI platforms, free of any charges or fees;
(d) data is appropriately secured, including against unauthorised or unlawful processing and against accidental loss, destruction or damage.
SECTION 2
Certification
Article 11
Conformity assessment bodies
Article 12
Certification of eFTI platforms
Article 13
Certification of eFTI service providers
CHAPTER IV
DELEGATIONS OF POWER AND IMPLEMENTING PROVISIONS
Article 14
Exercise of the delegation
Article 15
Committee procedure
CHAPTER V
FINAL PROVISIONS
Article 16
Review
The Commission shall also assess possible initiatives with a view in particular to:
(a) establishing the obligation for economic operators to make available electronically regulatory information to competent authorities, in accordance with this Regulation;
(b) establishing further interoperability and interconnectivity between the eFTI environment and the different ICT systems and platforms used for recording and processing regulatory information as provided for in other Union transport law.
These assessments shall in particular cover the amendment of this Regulation and that of other relevant Union legal acts and shall be accompanied, where appropriate, by a legislative proposal.
Article 17
Monitoring
By 21 August 2027, and every five years thereafter, Member States shall provide the Commission, on the basis of the operation logs referred to in points (g) and (i) of Article 9(1), with the number of times competent authorities accessed and processed the regulatory information that was made available electronically by the economic operators concerned in accordance with Article 4.
That information shall be provided in respect of each year covered by the reporting period.
Article 18
Entry into force and application
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
PART A – Regulatory information requirements referred to in point (b) of Article 2(1)
List of delegated and implementing acts referred to in point (b) of Article 2(1):
(1) Commission Implementing Regulation (EU) 2015/1998 (8) laying down detailed measures for the implementation of the common basic standards on aviation security: Annex 6.3.2.6 (a), (b), (c), (d), (e), (f) and (g).
PART B – National law
The relevant provisions of national law requiring the provision of information identical, in whole or in part, to the information specified in points (a) and (b) of Article 2(1) of Regulation (EU) 2020/1056 are listed below.
Austria
(1) Federal Law Gazette No. 593/1995 (9): §17
(2) Federal Law Gazette II No. 399/1997 (10): §3
(3) Federal Law Gazette II No. 132/2007 (11): §3(1) and §3(2)
(4) Federal Law Gazette II No. 207/2016 (12): §10(2)
(5) Federal Law Gazette II No. 395/2001 (13): §3(1)(2)(c)
(6) Ordinance of the Tyrolean Regional Government No. 1413/1998 (14): §4; and Ordinance of the Vorarlberg Regional Government No. 45/1998 (15): §4
(7) Ordinance of the Tyrolean Regional Government No. 464/1999 (16): §4; and Ordinance of the Salzburg Regional Government No. 68/1999 (17): §4
(8) Federal Law Gazette No. 1027/1994 (18): §2
(9) Federal Law Gazette II No. 192/2017 (19): §8
(10) Federal Law Gazette I No. 102/2002 (20): §19(1)
(11) Federal Law Gazette No. 522/1973 (21) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(12) Federal Law Gazette II No. 203/2019 (22): §5 and §7(3)
(13) Federal Law Gazette No. 225/1985 (23) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(14) Federal Law Gazette III No. 67/2008 (24) with regard to information requirements in accordance with 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)
(15) Federal Law Gazette I No. 44/2016 (25): §21a (2)
(16) Federal Law Gazette III No. 59/2003 (26): Article 3(4)
Belgium
(1) Royal Decree of 2 November 2017 on the transport of dangerous goods by rail, excluding explosives and radioactive substances (27): Article 13 and Part 5, Chapter 5.4 of Annex III
(2) Royal Decree of 12 July 2016 on the transport of explosives by road and rail (28): Article 15 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR) and Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(3) Act of 15 July 2013 on the transport of goods by road (29): (a) Article 17 (b) Article 29(1), Article 29(2)(1)
(4) Ministerial Decree of 23 May 2014 implementing the Royal Decree of 22 May 2014 on the transport of goods by road (30): Article 33, Article 34(1) and Article 35(1)
(5) Decree of the Government of the Brussels-Capital Region of 22 September 2022 on the transport of dangerous goods by road and by inland waterway (31): Article 15 and Article 16 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR) 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)
(6) Royal Decree of 28 June 2009 on the transport of dangerous goods by road or rail, excluding explosives and radioactive substances (32) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(7) Royal Decree of 31 July 2009 on the transport of dangerous goods by inland waterway (33): Article 1 with regard to information requirements in accordance with 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)
(8) Decree of 6 July 2012 on the transport of dangerous goods by inland waterway (34): Article 8(2) with regard to information requirements in accordance with 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)
(9) Royal Decree of 24 September 2006 laying down the general police regulations for navigation on inland waterways in Belgium (35): Annex, Article 1.10.1(c) with regard to information requirements in accordance with 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)
(10) Decree of the Flemish Government of 16 September 2022 on the electronic reporting of data by ships (36), amending the Decree of the Flemish Government of 25 May 2018: Article 5, points 2, 9, 10, 11, 12, 13, 14, 15, 17, 20 and 21
Bulgaria
(1) Road Transport Act (37): Article 53(1), Article 91(1), Article 91(2) and Article 91(3)(1, 3, 5 and 8)
(2) Ordinance No. 33 of 03/11/1999 (38): Article 89(3)
(3) Ordinance No. 11 of 31/10/2002 (39): Article 19(1)(3)
(4) Ordinance No. N-14 of 27/08/2009 (40): Article 13(3) and Article 14(1)
(5) Ordinance No. 40 of 14/01/2004 (41): Article 43(1)(1) and Article 43(1)(2) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)
(6) Rail Transport Act 97/2000 (42): Article 90 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(7) Ordinance No. 46 of 30/11/2001 (43): Article 25(1) and Article 31a(1) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(8) Ordinance No. 16 of 20/06/2006 (44): Article 9(2) with regard to information requirements in accordance with 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)
(9) Ordinance No. 53 of 10/02/2003 (45): Article 12, Points 1 and 2
(10) Merchant Shipping Code (46): (a) Article 106, Article 110 (b) Article 120(1), Article 120(2)
Croatia
(1) Combined Freight Transport Act (Official Gazette no. 120/2016) (47): Article 7, Points 1 and 2
(2) Law on sustainable waste management (Official Gazette no. 84/2021) (48): Article 24(3), Article 24(8), in conjunction with Waste management ordinance (Official Gazette no. 106/2022), Article 7
(3) Law of road transport (Official Gazette no. 41/2018) (49): Article 79, Article 80, Article 87(8) and Article 95(2)
(4) Ordinance on permits in the carriage of cargo (Official Gazette no. 57/2018) (50): Article 9(3)
(5) Law on the transport of dangerous goods (Official Gazette no. 79/2007) (51): (a) Article 3(1) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR); (b) Article 3(2) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF; (c) Article 3(3) with regard to information requirements in accordance with 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)
Cyprus
(1) Road Transport of Dangerous Goods Law of 2004 as amended to date: Article 5(2) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR) (52)
(2) Technical Safety Directive (TSD) No 1 – National Aviation Security Programme (NASP) Implementation Act (public version) of 6 June 2020 (53): Chapter 6.3.2.6, points (a)-(g)
(3) Motor Vehicles and Road Traffic Law of 1972 as amended to date: Article 2(2D)(3)(e)
Czechia
(1) Act No. 111/1994 Coll. on Road Transport (54): Section 23(2)(a)
(2) Act No. 266/1994 Coll. (Railways Act (55)): Article 63(2) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(3) Section 85a of Act No. 49/1997 Coll. on civil aviation and amending Act No. 455/1991 Coll., on trade licensing (Trade Licensing Act), as amended
(4) Decree No. 478/2000 Coll. (56): Section 1, implementing Act No. 111/1994 Coll. on Road Transport, as amended
(5) Communication No. 102/2011 Coll. of the Ministry of Foreign Affairs (57) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways
Denmark
(1) Executive Order no. 531 of 24 May 2018 on certain forms of combined freight transport (58): §7(1)
(2) Law on control of compliance with EEC Regulation No 11/1960 (LBK No 119 of 21 February 1990) (59): §2(1)
(3) Executive Order no. 828 of 10 June 2017 on road transport of dangerous goods (60): §5(3), §17(1), §18(1) and §19(1)
(4) Executive Order no. 601 of 23 June 2009 on rail transport of dangerous goods (61): §1(1) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(5) Executive Order no. 541 of 12 June 2012 on the use of RID in national transport and transport of dangerous goods in hand luggage, etc. (62) §8(1) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(6) Executive Order no. 240 of 16 February 2022 on freight transport (63): §36
Estonia
(1) Regulation 150/1996 (64) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(2) Estonian Railways Act (65): Article 111 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(3) Estonian Waste Act (66): Article 108 (1), Article 113 (1) and Article 115 (3)
(4) Estonian Civil Aviation Security Programme: point 6.3.2.6
(5) Estonian Road Transport Act (67): (a) Article 29(3), Article 29(4), Article 29(5) (b) Article 32(1) (c) Article 33(6) (d) Article 35(10)(1), Article 35(10)(2)
Finland
(1) Road Transport Contract Act 345/1979 (68): Section 9
(2) Act on Transport Services 320/2017 (69): Section 24
(3) Regulation on the Transport of Dangerous Goods by Road (70): with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(4) Regulation on the Transport of Dangerous Goods by Rail (71): with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
France
(1) French Transport Code (72): (a) Article R.3411-13 (b) Article L 4461 Alinea 1, Article R 4412 Alinea 1, Article R 4461 Alinea 1, Article R 4461 Alinea 2
(2) Order of 9 November 1999 concerning the transport or rental documents that must be on board of vehicles for the road transport of goods (73): (a) Article 4-II, Article 5-I, Article 5-II, Article 6 (b) Article 4-III (c) Article 4-IV
(3) Order of 25 September 1991 concerning the performance of combined transport of goods between the Member States of the European Economic Community (74): Article 2, Article 5
(4) Order of 24 July 2018 (75) concerning the declaration of loading on inland waterways managed by Voies Navigables de France as amended by Order of 23 December 2021 (76): Alinea 2
(5) Amended Order of 29 May 2009 concerning the Transport of Dangerous Goods by Land: 3.4.2.1 Annex I (77), 3.5 Annex I (78), 3.9.4 Annex I (79), Appendix IV.9 (80) and Appendix IV.10 (81)
Germany
(1) Regulation on Cross-Border Road Haulage and Cabotage of 28/12/2011 (82): Article 17
(2) Road Haulage Act of 22/06/1998 (83): Article 7(1)(3)
(3) Ordinance on the Transport of Dangerous Goods by Road, Rail and Inland Waterways of 26/03/2021 (84): §1(3) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR), Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF, 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); §35(2)
(4) Ordinance on Exemptions from the Regulations on the Transport of Dangerous Goods of 11/03/2019 (85): Exemption 9, Exemption 18, Exemption 20, Exemption 21, Exemption 22, Exemption 24 and Exemption 28
Greece
(1) Presidential Decree 63/1986 (86): Article 4
(2) Law No.1815/1988 (87): Article 98(2)
(3) Joint Ministerial Decision 200035/2023 (88) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Section I.1 of Annex I (ADR) to Directive 2008/68/EC of the European Parliament and of the Council, as applicable
(4) Joint Ministerial Decision 200035/2023 (89) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Section II.1 (RID) of Annex II to Directive 2008/68/EC of the European Parliament and of the Council, as applicable
(5) Law Νo.3646/2008 (90): Article 7
(6) Law No.2203/1994 (91): Article 4(7)(c)
(7) Decision Υ.Π.Α. Δ15/Α/17143/1505/2016 (92): Chapter 6
(8) Joint Ministerial Decision Γ5/55376/2022 (93): Article 6(2)
Hungary
(1) Government Decree 261/2011. (XII. 7.) (94): Paragraph 22
(2) Government Decree 386/2021. (VI. 30.) (95): Paragraph 3 (1) and Annex 1 with regard to information requirements in accordance with 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)
(3) Government Decree 387/2021. (VI. 30.) (96): Paragraph 3 (1) and Annex 1 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(4) Government Decree 388/2021. (VI. 30.) (97): Paragraph 3 (1) and Annex 1 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(5) ITM Decree 39/2021. (VII. 30.) (98): Annex 1(2) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(6) Government Decree 266/2003. (XII. 24.) (99): Paragraph 3
(7) Government Decree 313/2014 (XII. 12.) (100): Annex 1
(8) Government Decree 101/1996 (VII. 12.) (101): Article 4 (7)(c)
Ireland
(1) S.I. No. 175/1975 (102)
(2) S.I. No. 60/1994 (103): Regulation 5 and Regulation 6
(3) S.I. No. 698/2011 (104): Regulation 3(1)(b)
(4) S.I. No. 419/2007 (105)
(5) S.I. No 349/2011 (106): Regulation 57(g)(vii) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(6) S.I. No 651/2010 (107): Regulations 8(e) and 12(3)(b) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(7) S.I. No. 226/2003 (108): reference to Point 6.3.2.6 (a), (b), (c), (d), (e), (f) and (g) of the Annex of Commission Implementing Regulation (EU) 2015/1998
Italy
(1) Decree of the Ministry of Transport and Navigation of 15 February 2001 (109): Article 3(1)
(2) Law No. 298 of 6 June 1974 (110), as amended: Article 46-bis (1-bis), Article 46-ter, (1) and (2)
(3) Legislative Decree No 35 of 27 January 2010 (111) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR), Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF 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)
Latvia
(1) Law on Carriage by Road, 23.8.1995 (112): Section 9, enabling compliance checks with point 6.1 of Cabinet Regulation No. 411 of 24.5.2011‘Procedures for the Organising and Implementation of Road Transport Control’
(2) Cabinet Regulation No. 225, 29.4.2003 (113): Points 3 and 4
(3) Law on Carriage by Rail, 21.12.2000 (114): Section 24(1) and Section 25(1)
(4) Cabinet Regulation No. 226 (115): Point 2 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF, enabling compliance checks with point 6 of Cabinet Regulation No. 541 of 5.7.2011‘Procedures for Control of the Movement of Dangerous Goods’
(5) Cabinet Regulation No. 674 (116): Point 3 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
Lithuania
(1) Code of the Inland Waterway Transport (117): Article 26(2), Article 40, Article 42, (3) and (4) and Article 47(4)
(2) Rules of Carriage of Goods by Inland Waterways (Order No 269) (118): Points 36, 37, 41, 44, 45, 52, 54, 80, 110, 111, 117, 124, 125 and 128
(3) Road Transport Code (119): (a) Article 9(1)(4) (b) Article 14(2), Article 29(2), Article 29(3), Article 29(5)
(4) Resolution No 1613-7 of the Government of the Republic of Lithuania of 10 November 2010 (120): Point 66.2 referring to Annex 6.3.2.6 (a), (b), (c), (d), (e), (f) and (g) of Commission Implementing Regulation (EU) 2015/1998
(5) Order No D1-207 of the Minister of Environment of the Republic of Lithuania of 27 April 2004 (121): Point 20
(6) Order No 3D-90 of the Minister of Agriculture of the Republic of Lithuania of 12 February 2018 (122): Point 35
Luxembourg
(1) Grand-Ducal Regulation of 13 January 1966 on the carriage of goods by road (123): Article 3
(2) Ministerial Regulation of 8 April 1968 on carriage document numbering procedures (124): Article 1
(3) Grand-Ducal Regulation of 19 April 2012 implementing and ratifying Regulation (EC) No 1072/2009 (125): Article 6
(4) Grand Ducal Decree of 6 February 2009 publishing the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) (126): Article 1 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(5) Law of 13 March 2007 adopting the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) (127): Article 1 with regard to information requirements in accordance with 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)
(6) Grand Ducal Decree of 6 February 2009 publishing the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID) (128): Article 1 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(7) Grand-Ducal Regulation of 27 February 2011 laying down the conditions for the approval of regulated agents and known consignors and the conditions for designating account consignors with regard to aviation security controls (129): Article 11(6) referring to Annex 6.3.2.6 (a), (b), (c), (d), (e), (f) and (g) of Commission Implementing Regulation (EU) 2015/1998
Malta
(1) Motor Vehicles (Carriage of Goods by Road) Regulations (S.L. 65.19) (130): (a) Regulation 48 (b) Regulation 78, Regulation 79(1), Regulation 80
(2) Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations (S.L.65.22) (131): Regulation 3(2) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
Poland
(1) Act of 6 September 2001 on road transport (132): (a) — Article 4(22)(j), enabling compliance checks with Article 38(2) of Transport Law Act of 15 November 1984 (133) read jointly, where applicable, with definitions of ‘combined transport’ and ‘sender’ as provided for in Article 4 points 13 and 14b of the Act on road transport — Article 4(22)(x), enabling compliance checks with Article 6(1) of CMR Convention — Article 87(1)(3) (b) Article 4(22)(e), enabling compliance checks with Article 8(3) of Regulation (EC) No 1072/2009 (c) Article 31(a) (d) Article 4(22)(c), enabling compliance checks with Article 16 and Article 18(1) of Regulation (EC) No 1013/2006 (e) Article 4(22)(v), enabling compliance checks with Article 67(2)(1) of Waste Transportation Act of 14 December 2012
(2) Act of 28 March 2003 on railway transport (134): Article 13(4), enabling compliance checks with Article 38(2) of Transport Law Act of 15 November 1984
(3) Act of 21 December 2000 on inland waterway navigation (135): Article 9(2)(7), enabling compliance checks with Article 38(2) of Transport Law Act of 15 November 1984, and Article 16 read jointly with the Annex of the Regulation of Minister of Infrastructure of 23 January 2003 on evidence form applied in inland waterway navigation
(4) Act of 19 March 2021 on Transport of Dangerous Goods (136): Article 11, enabling compliance checks with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR), Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF 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)
(5) Act of 14 December 2012 on waste (137): Article 24a(1), enabling compliance checks with §8 of the Regulation of the Minister for the Environment of 7 October 2016 on detailed requirements for waste transport
(6) Act of 3 July 2002 – Aviation Law (138): Article 21(2a), enabling compliance checks with Annex 6.3.2.6 (a), (b), (c), (d), (e), (f) and (g) of Commission Implementing Regulation (EU) 2015/1998
Portugal
(1) Decree-Law No 257/2007 of 16 July 2007 (139): Article 19
(2) Decree-Law No 41-A/2010 of 29 April 2010 (140) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR) and Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
Romania
(1) Convention on the Contract for the International Carriage of Goods by Road (CMR), ratified by Decree No 451/1972 (141): Article 6(1), enabling compliance checks with Article 2(1) and Article 7(2) of Ordinance no. 26 of 31/08/2011 regarding the establishment of the State Inspectorate for Road Transport Control
(2) Ordinance No 88/1999 (142): (a) Article 3, Points 1 and 2 (b) Article 5
(3) Ordinance No 27 of 31 August 2011 on road haulage (143): Article 3(14), Article 24(1), Article 27 and Article 32
(4) Order No 980 of the Minister for Transport and Infrastructure of 30 November 2011 (144): Article 19, Article 29(1), Article 39(1), Article 39(2) and Article 46(2)
(5) Decision No 1326/2009 on carriage of dangerous goods in Romania (145): Article 6 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR), Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF 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)
(6) Government Decision No 1193/2012 approving the National Aviation Security Programme (146): Article 1 referring to Annex 6.3.2.6 (a), (b), (c), (d), (e), (f) and (g) of Commission Implementing Regulation (EU) 2015/1998
Slovakia
(1) Decree No. 274/2002 Coll. (147): §9, with reference to the aircraft operator’s obligation to submit a Cargo Manifest on entry into the territory of Slovak Republic
(2) Decision of the Ministry of Transport and Construction of the Slovak Republic No. 08204/2016/C410-SCLVD/04511 (148): Article 6.6.1 referring to Annex 6.3.2.6 (a), (b), (c), (d), (e), (f) and (g) of Commission Implementing Regulation (EU) 2015/1998
(3) Notification of the Ministry of Foreign Affairs of the Slovak Republic No. 331/2010 Coll. (149): §5c(1) with regard to information requirements in accordance with 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)
(4) Act No 56/2012 Coll. (150): §34(2) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(5) Act No 514/2009 Coll. (151): §23(2) and §23(3) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
Slovenia
(1) Road Transport Contracts Act (UL RS Nos 126/03, 102/07 and 49/11 – ZPCP-2C) (152): Article 41
(2) Decree on combined transport (UL RS Nos 4/01 and 49/13) (153): Article 8
(3) Road Transport Act (UL RS Nos 6/16) (154): Article 109(1)
(4) Decree on the implementation of Regulation (EC) No 1013/2006 of the European Parliament and the Council on shipments of waste (UL RS Nos 78/16 and 94/21) (155): reference to Articles 16(c) and Article 18(1) of Regulation (EC) No 1013/2006
(5) Transport of Dangerous Goods Act (UL RS No 33/06) (156): Article 3 with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR) and Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(6) Agreement between the Ministry of Transport of the Republic of Slovenia and the Federal Minister for Transport, Innovation and Technology of the Republic of Austria on the transport of dangerous goods by road Karavanka tunnel (157): Article 3(4)
Spain
(1) Order FOM/2861/2012 of 13 December (158): Article 1 and Article 3(1)
(2) Order of 30 September 1993 laying down special rules for certain types of combined transport of goods between Member States of the EEC (159): Article 5
(3) Resolution of 21 January 2021 of the Secretariat-General for Transport and Mobility (160): Annex. Chapter 6. Point 6.3.2.6
(4) Royal Decree 97/2014 (161) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(5) Royal Decree 412/2001 (162) with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
Sweden
(1) Regulations of the Swedish Civil Contingencies Agency (MSBFS 2022:3) (163): Annex S Chapter 11.1, Chapter 16.4, Sections 18.1.2-18.1.4
(2) Regulations of the Swedish Civil Contingencies Agency (MSBFS 2022:4) (164): Annex S Chapter 16.4
(3) Waste Ordinance (2020:614) (165): Chapter 6 §19
(4) Swedish Transport Agency’s Regulations (TSFS 2020:80) (166) on aviation security: Chapter 17 §4 referring to Annex 6.3.2.6 (a), (b), (c), (d), (e), (f) and (g) of Commission Implementing Regulation (EU) 2015/1998
(5) Swedish Transport Agency’s Regulations and General Guidelines (TSFS 2019:39) (167): §3
(6) Ordinance (SFS 1998:786) (168) on international road transport within the European Economic Area (EEA): §3f and §3g
The Netherlands
(1) Decree of 26 October 1983 (169), establishing regulations for the prevention of collision or propulsion on the public waters in the Kingdom, which are open to navigation (Stb. 1984, 682), Article 1.10(1b), referring to Article 8.1.2.1.b and 8.1.2.1.c of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN)
(2) Decree of 15 September 1994 (170), implementing the Police Regulations for the navigation of the Rhine (Stb. 1994, 770), Article 1.10(1t), referring to Article 8.1.2.1.b and 8.1.2.1.c of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN)
(3) Regulation for road transport of goods (Stcrt. 2009, 75) (171), enabling compliance checks with Article 2.13 of Road Transport Act (Stb. 2008, 492) (172): Article 15 (1) and Article 15 (5) (b) (2)
(4) Regulation for the transport of dangerous goods by road (173): Article 3, enabling compliance checks with Article 2 of Decree of 5 June 1996 (Stb.1996, 297) (174), with regard to information requirements in accordance with Chapter 5.4 of Part 5 of Annex A of the Agreement concerning the International Carriage of Dangerous Goods by road (ADR)
(5) Regulation for the transport of dangerous goods by rail (175): Article 3, enabling compliance checks with Article 2 of Decree of 5 June 1996 (Stb.1996, 297) (176), with regard to information requirements in accordance with Chapter 5.4 of Part 5 of the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to COTIF
(6) Regulation for the transport of dangerous goods by inland waterways (177): Article 3, enabling compliance checks with Article 2 of Decree of 5 June 1996 (Stb.1996, 297) (178), with regard to information requirements in accordance with 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)
ANNEX II
1.A conformity assessment body shall be established under national law and have legal personality.
2.A conformity assessment body shall be a third-party body independent of the organisation or the eFTI platform or platform service provider it assesses.
A body belonging to a business association or professional federation representing undertakings involved in the design, 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.
3.A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks 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.
A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of that eFTI 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 accredited. This shall in particular apply to consultancy services.
Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.
4.Conformity assessment bodies and their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical 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.
5.A conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it by Articles 12 and 13 of this Regulation, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.
A conformity assessment body shall have at its disposal the necessary:
(a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;
(b) descriptions of procedures in accordance with which conformity assessment is carried out;
(c) procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure and the degree of complexity of the technology in question.
A conformity assessment body shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner.
6.The personnel responsible for carrying out conformity assessment tasks shall have the following:
(a) sound technical and vocational training covering all the conformity assessment activities;
(b) satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;
(c) appropriate knowledge and understanding of the requirements set out in Articles 9 and 10 of this Regulation;
(d) the ability to draw up compliance certificates, records and reports demonstrating that assessments have been carried out.
7.The impartiality of the conformity assessment bodies, their top level management and of the personnel responsible for carrying out the conformity assessment tasks shall be guaranteed.
The remuneration of the top level management and personnel responsible for carrying out the 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.
8.Conformity assessment bodies shall take out liability insurance, unless liability is assumed by the State in accordance with national law or the Member State itself is directly responsible for the conformity assessment.
9.The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Articles 12 and 13 of this Regulation or any provision of national law giving effect to them, except to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.
10.Conformity assessment bodies shall participate in, or ensure that their personnel responsible for carrying out the conformity assessment tasks are informed of, the relevant standardisation activities and relevant regulatory activities.
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