ANNEXES to the Proposal for a Regulation of the European Parliament and of the Council on electronic freight transport information - Hoofdinhoud

Council of the European Union Brussels, 22 May 2018 (OR. en)

9060/18

Interinstitutional File: ADD 1

2018/0140 (COD) i

TRANS 210 MAR 66 TELECOM 143 MI 361 COMER 45 CYBER 105 ENFOCUSTOM 101 DATAPROTECT 96 IA 138 CODEC 797

PROPOSAL

From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt: 17 May 2018

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

No. Cion doc.: COM(2018) 279 final i - ANNEXES 1 to 2

Subject: ANNEXES to the Proposal for a Regulation of the European Parliament and of the Council on electronic freight transport information

Delegations will find attached document COM(2018) 279 final i - ANNEXES 1 to 2.

Encl.: COM(2018) 279 final i - ANNEXES 1 to 2

EUROPEAN COMMISSION

Brussels, 17.5.2018 COM(2018) 279 final i

ANNEXES 1 to 2

ANNEXES

to the

Proposal for a Regulation of the European Parliament and of the Council

on electronic freight transport information

{SEC(2018) 231 final} - {SWD(2018) 183 final} - {SWD(2018) 184 final}

ANNEX I

REGULATORY INFORMATION FALLING UNDER THE SCOPE OF THIS REGULATION

Regulatory information requirements laid down in Union law

The table below includes the regulatory information requirements set out in Union acts laying down the conditions for the transport of goods on the territory of the Union in accordance with Title VI of Part Three of the Treaty as well as the conditions for the shipments of waste:

EU Legislation Council Directive [Proposal Regulation [Proposal Commission Directive Regulation (EC) Regulation No. 92/106/EEC COM(2017) (EC) No COM(2017) Implementing 2008/68/EC on No 1013/2006

11 concerning on the 648 final - 1072/2009 0281 final - Regulation (EU) the inland on shipments of

the abolition establishment 2017/0290 on common 2017/0123 2015/1998 laying transport of waste

of of common (COD) rules for (COD) down detailed dangerous

discrimination rules for amending access to the amending measures for the goods (OJ L 190, in transport certain types Directive international Regulation implementation 12.7.2006, p. 1- rates and of combined 92/106/EEC ] road (EC) No of the common OJ L 260, 98)

Information item conditions transport of haulage 1071/2009 and basic standards (30.9.2008, p. goods market Regulation on aviation 13–59)

OJ 052 between (EC) No security (16.08.1960, Member OJ L 300/72 1072/2009] p. 1121–1126) States (14.11.2009, OJ L 299/1 p. 72-87) (14.11.2015, p. 1- References to OJ L 368 142) ADR, RID, ADN 1

(17.12.1992, p. 38–42)

Name and address of the consignor Article 6.1 Article 3

(reference to Article 6 of Council Regulation No 11)

Nature and weight of the goods Article 6.1 Article 3

(reference to

1 References to ADR, RID and ADN must be understood within the meaning of Article 2(1), 2(2) and 2(3) of Directive 2008/68/EC i. The numbers referred to are those of the respective Annexes to ADR, RID and ADN.

Article 6 of Council Regulation No 11)

Place and date of acceptance of the goods for transport Article 6.1 Article 3

(reference to Article 6 of Council Regulation No 11)

Place at which the goods are to be delivered Article 6.1 Article 3

(reference to Article 6 of Council Regulation No 11)

Route to be taken, or distance to be travelled, if these factors justify a Article 6.1 Article 3 rate different from that normally aplicable (reference to

Article 6 of Council Regulation No 11)

Frontier crossing points, where appropriate Article 6.1 Article 3

(reference to Article 6 of Council Regulation No 11 of 27 June 1960)

Rail loading and unloading stations Article 3

Inland waterway loading and unloading ports Article 3

Maritime loading and unloading ports Article 3

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

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

(replacing article 3 Council Directive 92/106/EEC i)]

[Place and date where combined transport operations begins in the [Article 3.2(b)

Union] (replacing article 3 Council

Directive 92/106/EEC i)]

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

(replacing article 3 Council Directive 92/106/EEC i)]

[Place and date where combined transport operations ends in the [Article 3.2(d)

Union] (replacing article 3 Council

Directive 92/106/EEC i)]

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

Council Directive 92/106/EEC i)]

[A description, signed by the shipper, of the combined transport [Article 3.2(f) operation routing including at least the following details for each leg, (replacing including for each mode of transport which constitutes the non-road leg, article 3 of the operation within the Union: Council (i) leg order (i.e. first leg, non-road leg or final leg); Directive (ii) name, address and contact details of the carrier; 92/106/EEC)] (iii) mode of transport and its order in the operation.]

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

(replacing article 3 Council Directive 92/106/EEC i)]

[For the initial road transport leg: [Article 3.2(h)

(i) the place of transhipment to the non-road leg; (replacing

(ii) the distance of the initial road transport leg as the crow flies between article 3 the place of shipment and the first transhipment terminal; Council (iii) if the initial road leg is completed, a signature of the carrier Directive confirming that the transport operation of the road leg has been carried 92/106/EEC)] out]

[For the final road transport leg: [Article 3.2(i)

(i) the place where the goods are taken [over] from the non-road leg (replacing

(rail, inland waterways or maritime transport); article 3

(ii) the distance of the final road transport leg as the crow flies between Council the place of transhipment and the place where the combined transport Directive operation ends in the Union); ] 92/106/EEC)]

[For the non-road leg: [Article 3.2(j)

(i) if the non-road leg is completed, a signature of the carrier (or carriers (replacing in the case of two or more non-road operations on the non-road leg) article 3 confirming that the transport operation on the non-road leg has been Council carried out; Directive (ii) when available, a signature or seal of the relevant rail or port 92/106/EEC)] authorities in the relevant terminals (railway station or port) concerned along the non-road leg operation confirming that the relevant part of the non-road leg has been completed. ]

Name, address and signature of the sender Article 8.3(a) [Article 8.3(a)

(no changes proposed)]

Name, address and signature of the haulier Article 8.3(b) [Article 8.3(b)

(no changes proposed)]

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

proposed)]

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

proposed)]

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

The gross mass of the goods or their quantity otherwise expressed Article 8.3(f) [Article 8.3(f)

(no changes proposed)]

The number plates of the motor vehicle and trailer Article 8.3(g) [Article 8.3(g)

(no changes proposed)]

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

A unique identifier of the consignment, such as the number of the Annex 6.3.2.6(b) (house or master) air waybill

The content of the consignment (**) Annex 6.3.2.6(c)

The security status of the consignment, stating: Annex 6.3.2.6(d) - 'SPX', meaning secure for passenger, all-cargo and all-mail aircraft, or

• - 

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

• - 

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

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

• - 

  ‘KC’, meaning received from known consignor, or

• - 

  ‘AC’, meaning received from account consignor, or

• - 

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

• - 

  The means or method of screening used, or

• - 

  The grounds for exempting the consignment from screening

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

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

General information required in the transport document 5.4.1.1.1

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

Specific information required to be included for certain types of 5.4.1.1.3 to dangerous goods, or certain means of containment, or in case of a 5.4.1.1.21 –ADR transport chain including different modes of transport, according to and RID special provisions in Chapter 5.4 of the respective Annexes to ADR, RID

and ADN 5.4.1.1.3 to

5.4.1.1.22 –ADN

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

Non Dangerous Goods 5.4.1.5

Container packing certificate 5.4.2

Instructions in writing 5.4.3

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

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

Information contained in the document accompanying the shipments of Annex VII waste that are subject to the general information requirements of

Article 18 of Regulation (EC) No 1013/2006 i

Member States’ law

The table below lists the relevant Member States’ national legislation dealing with matters governed by Title VI of Part Three of the Treaty and requiring the provision of information identical, in whole or in part, to the information specified in point A of this Annex.

[Member State]

Legislation [Legislation [Legislation […] [Legislation reference] reference] reference])

Information item

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

[…] […] […] […] […]

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

[Member State]

Legislation [Legislation [Legislation […] [Legislation reference] reference] reference])

Information item

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

[…] […] […] […] […]

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

ANNEX II

REQUIREMENTS RELATING TO NOTIFIED BODIES

• 1. 

  For the purposes of notification, a conformity assessment body shall meet the requirements laid down in paragraphs 2 to 11.

• 2. 

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

• 3. 

  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.

• 4. 

  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 notified. 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.

• 5. 

  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.

• 6. 

  A conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it by Articles 12 and 13 in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

At all times and for each certification procedure in relation to which it has been notified, 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, ensuring the transparency and the ability of reproduction of those procedures. It shall have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;

(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.

• 7. 

  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 in relation to which the conformity assessment body has been notified;

(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 Article 9;

(d) the ability to draw up compliance certificates, records and reports demonstrating that assessments have been carried out.

• 8. 

  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.

• 9. 

  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.

• 10. 

  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 or any provision of national law giving effect to them, except in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.

• 11. 

  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.

Met de Parlementaire Monitor volgt u alle parlementaire dossiers die voor u van belang zijn en bent u op de hoogte van alles wat er speelt in die dossiers. Helaas kunnen wij geen nieuwe gebruikers aansluiten, deze dienst zal over enige tijd de werkzaamheden staken.