PURPOSE: to introduce temporary flexibility in licensing in different transport sectors in order to help companies and authorities deal with the exceptional circumstances created by the COVID-19 pandemic.

LEGISLATIVE ACT: Regulation (EU) 2020/698 of the European Parliament and of the Council laying down specific and temporary measures in view of the COVID ‐ 19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation.

CONTENT: the Regulation concerns specific provisions which affect the application of several Directives and Regulations. It introduces temporary measures to extend the period of validity of certain certificates and licences in the field of road, rail and waterborne transport in response to the exceptional situation caused by the COVID-19 outbreak. It provides for adjustments to this effect, in particular as regards certain time limits, as well as the possibility for the Commission to authorise extensions on the basis of a request submitted by any Member State.

This extension applies, for example, to driving licences, roadworthiness tests for motor vehicles and Community licences and driver attestations for the provision of road haulage services, single railway safety certificates or authorisations, boatmasters' certificates or port safety assessments.

It is very likely that certificates, licences and authorisations which, in accordance with Union law, were due to expire between 1 March 2020 and 31 August 2020 will not have been renewed in due time.

Certain periodic inspections planned in the road, rail, maritime and inland waterway sectors shall also be temporarily postponed, as these activities may not be feasible in the present circumstances.

Given the differences in the spread of the pandemic across Europe, some Member States are able to continue to issue specific licences or certificates while for others it is difficult or impossible to do so. The Regulation provides that, even where a Member State itself continues to issue licences, it must recognise any licence, certificate and approval whose validity has been extended by this Regulation. This will help to ensure the proper functioning of the internal market and the continuation of cross-border activities.

ENTRY INTO FORCE: 28.5.2020.

APPLICATION: from 4.6.2020.

The European Parliament adopted by 669 votes to 11, with 8 abstentions, a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council laying down specific and temporary measures in view of COVID-19 outbreak and concerning the validity of certain certificates, licences and authorisations and the postponement of certain periodic checks and training in certain areas of transport legislation.

Parliament adopted its position at first reading under the ordinary legislative procedure. As an agreement was reached between Parliament and the Council, Parliament's position corresponds to the final legislative act.

The proposed Regulation introduces temporary measures to extend the period of validity of certain certificates and licences in the field of road, rail and inland waterway transport in response to the extraordinary circumstances caused by the COVID-19 outbreak.

This extension applies, for example, to driving licences, roadworthiness tests for motor vehicles and Community licences and driver attestations for the provision of road haulage services, single railway safety certificates or authorisations, boatmasters' certificates or port safety assessments.

Certain periodic inspections planned in the road, rail, maritime and inland waterway sectors shall also be temporarily postponed, as these activities may not be feasible in the present circumstances.

The Regulation provides, however, that even where a Member State continues to issue licences itself, it must recognise any licence, certificate and approval whose validity has been extended by this Regulation.

PURPOSE: to extend the time limits laid down in Union law for the renewal or extension of certificates, licences or authorisations, and the postponement of certain periodic checks and training in certain areas of transport legislation in the context of COVID 19.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

BACKGROUND: the COVID-19 crisis has created extraordinary circumstances that affect normal activity of the competent authorities in the Member States and the work of transport undertakings as regards the administrative formalities to be completed in different transport sectors 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.

In particular, transport operators and other persons concerned may not be able to complete the necessary formalities or procedures to comply with certain provisions of Union law related to the renewal or extension of certificates, licences or authorisations or to complete other steps necessary to maintain their validity. This is the case, for instance, with driving licences, roadworthiness tests for motor vehicles and their trailers, Community licences and driver attestations for the provisions of road haulage services, rail single safety certificates or authorisations, boatmasters’ certificates or port security assessments etc. It is most likely that those certificates, licences, authorisations which, in accordance with Union law, would expire between 1 March 2020 and 31 August 2020 could not be renewed in due time.

Therefore, it is necessary to adopt temporary provisions extending the validity of those certificates, licences or authorisations that would expire between 1 March 2020 and 31 August 2020 and ensure that they remain valid during a reasonable period of time during and after the COVID-19 outbreak.

CONTENT: the proposed Regulation lays down specific and temporary measures applicable to the renewal and extension of the period of validity of certain certificates, licences and authorisations and the postponement of certain periodic checks and training in response to the extraordinary circumstances caused by the COVID-19 outbreak in the area of road, rail and inland waterways transport and maritime security.

This proposal concerns specific provisions that affect the application of several Directives and Regulations:

Directive 2003/59/EC of the European Parliament and of the Council which (lays down the initial qualification and periodic training requirements for professional drivers of trucks and buses with the objective to ensure safety on European roads). Directive 2006/126/EC of the European Parliament and of the Council (provides for the mutual recognition of the driving licences issued by Member States based on a Union model driving licence). Directive 2014/45/EU of the European Parliament and of the Council (defines the harmonised minimum requirements for periodic roadworthiness testing). Regulation (EC) No 1071/2009 of the European Parliament and of the Council (lays down common rules concerning the conditions to be complied with to pursue the occupation of road transport operator). Regulation (EC) No 1072/2009 and Regulation (EC) No 1073/2009 of the European Parliament and of the Council (lay down common rules for access to the international road haulage market and the international market for coach and bus services, respectively). Directive 2004/49/EC and Directive (EU) 2016/798 (regulate safety certification and authorisation in the Union). Directive 2007/59/EC of the European Parliament (lays down rules on the certification of train drivers operating locomotives and trains on the railway system in the Union). Directive 2012/34/EU of the European Parliament and of the Council (establishes a single European railway area). Directive 96/50/EC (lays down conditions for obtaining boatmasters’ certificates for the carriage of goods and passengers by inland waterways in the Union). Directive (EU) 2016/1629 of the European Parliament and of the Council (lays down technical requirements for inland waterway vessels). Regulation (EC) No 725/2004 of the European Parliament and of the Council (lays down rules on ship and port facility security). Directive 2005/65/EC of the European Parliament and of the Council (lays down measures to enhance port security in the face of threats of security incidents).

This Regulation should be adopted as a matter of urgency, so that situations of legal uncertainty affecting many authorities and operators in different sectors, in particular where the relevant time limits have already expired, remain as short as possible.