Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU) 2020/698 (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 and Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) The persistence of the COVID-19 pandemic and the associated public health crisis represent an unprecedented challenge for the Member States and impose a heavy burden on national authorities, Union citizens, and economic operators, in particular transport operators. The public health crisis has created extraordinary circumstances that affect the normal activity of the competent authorities in the Member States, as well as the work of transport undertakings as regards the administrative formalities to be completed in different transport sectors, and that could not reasonably have been anticipated at the time of adoption of the relevant measures. Those extraordinary circumstances have a significant impact on various areas covered by Union transport law.

(2) In particular, transport operators and other persons concerned may not be able to complete the necessary formalities or procedures in order to comply with certain provisions of Union law relating to the renewal or extension of certificates, licences and authorisations or in order to complete other steps necessary to maintain their validity. For the same reasons, the competent authorities of the Member States may be unable to comply with obligations established by Union law and to ensure that relevant requests introduced by the transport operators are dealt with before the expiry of the applicable deadlines.

(3) Regulation (EU) 2020/698 of the European Parliament and of the Council (3) lays down specific and temporary measures concerning the renewal and extension of the period of validity of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training that, pursuant to the Union legal acts referred to in that Regulation, should have taken place within the period from 1 March 2020, or in certain cases 1 February 2020, to 31 August 2020. In accordance with that Regulation, those certificates, licences and authorisations, as well as certain periodic checks and periodic training, were renewed, extended or postponed, as appropriate, for a period of six months or, in certain cases, of seven months.

(4) Certain Member States that by 1 August 2020 considered that the renewal of certain certificates, licences and authorisations and the completion of certain periodic checks or periodic training were likely to remain impracticable beyond 31 August 2020, due to measures that they had taken to prevent or contain the spread of COVID-19, submitted reasoned requests to the Commission for an authorisation to apply further individual extensions. The Commission adopted six decisions authorising such extensions (4).

(5) Despite certain improvements in the crisis related to the COVID-19 pandemic during the summer of 2020, the persistence and, in certain cases, the aggravation of the effects of that crisis during the third quarter of 2020 have obliged the Member States to maintain and, in certain cases, reinforce the measures taken to prevent the spread of COVID-19. Those measures have as a consequence that transport operators and other persons concerned may not be able to complete the necessary formalities or procedures in order to comply with certain provisions of Union law relating to the renewal or extension of certificates, licences and authorisations or to the completion of periodic checks or periodic training, or in order to complete other steps necessary to maintain their validity, as was the case during the spring of 2020. For the same reasons, the competent authorities of the Member States may be unable to comply with obligations established by Union law and to ensure that relevant requests introduced by the transport operators are dealt with before the expiry of the applicable deadlines.

(6) It is therefore necessary to adopt measures to overcome those problems and to ensure both legal certainty and the proper functioning of the legal acts concerned. Adaptations to that effect should be provided for, in particular in respect of certain time limits, with the possibility for the Commission to authorise extensions on the basis of a request submitted by any Member State.

(7) Directive 2003/59/EC of the European Parliament and of the Council (5) lays down rules applicable to the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers. Those drivers must hold a certificate of professional competence (‘CPC’) and must prove they have completed the periodic training by holding a driving licence or a driver qualification card, on which the periodic training is registered. Due to the difficulties for the holder of a CPC in completing the periodic training and in renewing the CPC certifying the completion of that periodic training as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis after 31 August 2020, it is necessary to extend the validity of that CPC for a period of 10 months from its date of expiry, in order to ensure the continuity of road transport. CPCs the validity of which has already been extended in accordance with Regulation (EU) 2020/698 should also benefit from a single additional extension for a reasonable amount of time in light of current constraints as well as for road safety reasons.

(8) Directive 2006/126/EC of the European Parliament and of the Council (6) lays down rules on driving licences. It provides for the mutual recognition of driving licences issued by Member States based on a Union model driving licence, and lays down a series of minimum requirements for those licences. In particular, motor vehicle drivers must hold a valid driving licence, which must be renewed or, in some cases, exchanged, upon the expiry of its administrative validity. Due to difficulties in renewing driving licences as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis after 31 August 2020, it is necessary to extend the validity of certain driving licences for a period of 10 months from their date of expiry, in order to ensure the continuity of mobility by road. Driving licences the validity of which has already been extended in accordance with Regulation (EU) 2020/698 should also benefit from a single additional extension for a reasonable amount of time in light of current constraints as well as for road safety reasons.

(9) Regulation (EU) No 165/2014 of the European Parliament and of the Council (7) lays down rules on tachographs in road transport. Compliance with the rules on driving time, working time and rest periods, as set out in Regulation (EC) No 561/2006 of the European Parliament and of the Council (8) and Directive 2002/15/EC of the European Parliament and of the Council (9), is essential to ensuring fair competition and road safety. Due to the need to ensure continuity in the provision of road transport services, despite difficulties in performing the regular inspections of tachographs as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, inspections referred to in Article 23(1) of Regulation (EU) No 165/2014 which should have been carried out between 1 September 2020 and 30 June 2021 should now be carried out no later than 10 months following the date on which they were to have been carried out under that Article. For the same reason, difficulties in renewing and replacing driver cards as a consequence of the extraordinary circumstances caused by the persistance of the COVID-19 crisis justify the granting to the competent authorities of the Member States of additional time for those purposes. In such cases, drivers should be put in a position, and should be obliged, to resort to viable alternatives for recording the necessary information related to driving time, working time and rest periods until they receive a new card.

(10) Directive 2014/45/EU of the European Parliament and of the Council (10) lays down rules on periodic roadworthiness tests for motor vehicles and their trailers. Periodic roadworthiness testing is a complex task designed to ensure that vehicles are kept in a safe and environmentally acceptable condition during their use. Due to difficulties in carrying out periodic roadworthiness tests as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis after 31 August 2020, the periodic roadworthiness tests which were to have been carried out between 1 September 2020 and 30 June 2021 should now be carried out at a later date, but not later than 10 months after the original time limit, and the certificates concerned should remain valid until that later date.

(11) Regulation (EC) No 1071/2009 of the European Parliament and of the Council (11) lays down common rules concerning the conditions to be complied with in order to pursue the occupation of road transport operator. The persistence of the COVID-19 pandemic and the associated public health crisis after 31 August 2020 entail that some transport undertakings no longer satisfy the requirements regarding the vehicle or vehicles to be kept at their disposal and used by them. Those circumstances also have serious repercussions for the financial situation of the sector, and some transport undertakings no longer satisfy the requirement of financial standing. Given the reduced level of activity resulting from the public health crisis, it is anticipated that it will take longer than usual for undertakings to demonstrate that the requirements regarding the vehicle or vehicles to be kept at their disposal and used by them or the requirement of financial standing are again satisfied on a permanent basis. It is therefore appropriate to extend the maximum time limits established for those purposes in Article 13(1), points (b) and (c), of Regulation (EC) No 1071/2009 from 6 to 12 months, with regard to the assessment of the requirements regarding the vehicle or vehicles to be kept at their disposal and used by the road transport undertakings concerned, as referred to in Article 5, points (b) and (c), of that Regulation, and of the requirement of financial standing of those undertakings, insofar as those assessments cover all or part of the period between 1 September 2020 and 30 June 2021. Where failure to comply with any of those requirements has already been established and the time limit set by the competent authority has not yet expired, the competent authority should be able to extend that time limit to a total of 12 months.

(12) Regulations (EC) No 1072/2009 (12) and (EC) No 1073/2009 (13) of the European Parliament and of the Council lay down common rules for access to the international road haulage market and for access to the international market for coach and bus services respectively. The international carriage of goods by road and the international carriage of passengers by coach and bus are subject, inter alia, to the possession of a Community licence and, in the case of drivers who are nationals of third countries and who conduct freight transport operations, to a driver attestation. The provision of regular services by bus and coach is also conditional upon authorisation. Those licences, attestations and authorisations may be renewed after verification that the relevant conditions are still being complied with. Due to difficulties in renewing the licences and attestations as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis after 31 August 2020, it is necessary to extend their validity by 10 months from their date of expiry, in order to ensure the continuity of road transport.

(13) Directive (EU) 2016/798 of the European Parliament and of the Council (14) lays down rules on railway safety. Given the confinement measures, combined with the additional workload involved in containing the COVID-19 pandemic, which persisted after 31 August 2020, national authorities, railway undertakings and infrastructure managers are facing difficulties in connection with the renewal of single safety certificates and, in view of the forthcoming expiry of existing safety authorisations, with the issuance of such authorisations for a subsequent period covered respectively by Articles 10 and 12 of that Directive. The time limit for the renewal of single safety certificates should therefore be extended by 10 months, and the existing single safety certificates concerned should remain valid accordingly. Likewise, the validity of such safety authorisations should be extended by 10 months from their date of expiry.

(14) In accordance with Article 33(2) of Directive (EU) 2016/798, certain Member States extended the transposition period of that Directive until 16 June 2020. Directive (EU) 2020/700 of the European Parliament and of the Council (15) amending Directive (EU) 2016/798 provided the possibility for those Member States to further extend the transposition period until 31 October 2020. The rules of Directive 2004/49/EC of the European Parliament and of the Council (16) therefore remained applicable in those Member States until 31 October 2020, and Member States concerned remained entitled to issue safety certificates and safety authorisations under Directive 2004/49/EC. Safety certificates issued under Directive 2004/49/EC remain valid until their date of expiry, in accordance with Directive (EU) 2016/798. It is thus also necessary to provide for an extension of the time limits for the renewal of safety certificates and safety authorisations issued under Articles 10 and 11 of Directive 2004/49/EC and to clarify that the safety certificates and safety authorisations concerned remain valid accordingly.

(15) Directive 2007/59/EC of the European Parliament and of the Council (17) lays down rules on the certification of train drivers operating locomotives and trains on the railway system in the Union. Article 14(5) and Article 16 of that Directive provide that the validity of train drivers’ licences is limited to 10 years and is subject to periodic checks. Due to the difficulties in renewing licences as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis after 31 August 2020, the validity of licences which expire between 1 September 2020 and 30 June 2021 should be extended for a period of 10 months from their date of expiry. Similarly, train drivers should be granted an additional period of 10 months to complete the periodic checks.

(16) Directive 2012/34/EU of the European Parliament and of the Council (18) establishes a single European railway area. Under Article 23(2) of that Directive, licensing authorities may conduct a regular review in order to verify that a railway undertaking continues to fulfil the obligations set out in Chapter III of that Directive that pertain to its licence. Under Article 24(3) of that Directive, licensing authorities may suspend or revoke a licence on the grounds of non-compliance with the requirement of financial fitness and may grant a temporary licence pending the reorganisation of the railway undertaking, provided that safety is not jeopardised. Due to the extraordinary circumstances caused by the persistence of the COVID-19 crisis after 31 August 2020, licensing authorities have serious difficulties performing regular reviews in respect of existing licences and taking the relevant decisions concerning the issuance of new licences after the expiry of a temporary licence. Therefore, time limits for the performance of regular reviews which, in accordance with that Directive, expire between 1 September 2020 and 30 June 2021 should be extended by 10 months. Likewise, the validity of temporary licences which expire between 1 September 2020 and 30 June 2021 should be extended by 10 months.

(17) Article 25(2) of Directive 2012/34/EU requires licensing authorities to take decisions on applications for licences within three months after all relevant information, notably the particulars referred to in Annex III to that Directive, has been submitted. Due to difficulties in taking the relevant decisions as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis after 31 August 2020, it is necessary to extend that time limit by seven months.

(18) Railway undertakings which were financially stable before the COVID-19 outbreak face liquidity problems that could trigger the suspension or revocation of their licence or its replacement by a temporary licence without there being a structural economic need for this to occur. The granting of a temporary licence pursuant to Article 24(3) of Directive 2012/34/EU could send a negative signal to the market about the ability of railway undertakings to survive, which in turn would aggravate their, otherwise temporary, financial problems. Further to Regulation (EU) 2020/698 and given the persistence of the COVID-19 crisis after 31 August 2020, it should therefore be provided that where the licensing authority, on the basis of the check carried out during the period between 1 September 2020 and 30 June 2021, finds that a railway undertaking can no longer meet the requirements relating to financial fitness, it should be able to decide, before 30 June 2021, not to suspend or revoke the licence of the railway undertaking concerned, provided that safety is not at risk and provided that there is a realistic prospect of a satisfactory financial reconstruction of the railway undertaking within the following seven months. After 30 June 2021, the railway undertaking should be subject to the general rules laid down in Article 24(1) of Directive 2012/34/EU.

(19) Council Directive 96/50/EC (19) lays down conditions for obtaining boatmasters’ certificates for the carriage of goods and passengers by inland waterways in the Union. On reaching the age of 65 years, holders of boatmasters’ certificates are required to undergo periodic medical examinations. In view of the measures taken in relation to the persistence of the COVID-19 crisis after 31 August 2020, and in particular the limited access to medical services for medical examinations, holders of boatmasters’ certificates may not be able to undergo the required medical examinations due within the period concerned by those measures. Therefore, for cases in which the time limit for undergoing medical examinations would otherwise have expired or would otherwise expire between 1 September 2020 and 30 June 2021, that time limit should be extended by 10 months in each of the cases concerned. The boatmasters’ certificates concerned should remain valid accordingly.