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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (1), and in particular Article 16(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 (2),

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 (3) 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 (4), 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:

(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

(1) OJ L 300, 14.11.2009, p. 51.

(2) 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).

(3) 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).

(4) 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).