Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
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Lead | TRAN |
Lead committee dossier:
Legal Basis:
RoP 163, TFEU 091-p1, TFEU 100-p2
Legal Basis:
RoP 163, TFEU 091-p1, TFEU 100-p2Subjects
- 3.20.02 Rail transport: passengers and freight
- 3.20.02.01 Railway safety
- 3.20.03 Maritime transport: passengers and freight
- 3.20.03.01 Maritime safety
- 3.20.04 Inland waterway transport
- 3.20.05 Road transport: passengers and freight
- 3.20.06 Transport regulations, road safety, roadworthiness tests, driving licence
- 4.20 Public health
- 4.20.01 Medicine, diseases
Events
The European Parliament adopted by 647 votes to 24, with 19 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 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.
Parliament adopted its position at first reading in accordance with the ordinary legislative procedure.
The proposed regulation aims at extending the deadlines laid down in Union law for the renewal and extension of the validity of certain certificates, licences and authorisations and at postponing certain periodic checks and periodic training, in response to the exceptional situation due to the persistence of the COVID-19 crisis after 31 August 2020, in the fields of road, rail and inland waterway transport and maritime security.
In particular, the new rules would allow the validity of certain documents (driving licences, licences, authorisations, certificates, etc.) to be extended by ten months if they expire between 1 September 2020 and 30 June 2021.
Where a Member State considers that the application of the rules from which the proposed Regulation derogates is likely to remain impossible beyond the dates laid down in the Regulation because of the measures it has taken to contain the spread of COVID-19, the Commission would be authorised, if that Member State so requests by 31 May 2021 at the latest, to extend the periods specified in the Regulation, provided that such an extension does not entail disproportionate risks, in particular in terms of transport safety or security.
PURPOSE: to authorise, exceptionally in the context of the current COVID-19 pandemic, the extension of the validity of certificates, licences or authorisations and of certain time limits in certain areas of transport legislation.
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 and on an equal footing with the Council.
BACKGROUND: due to the COVID-19 crisis, Regulation (EU) 2020/698 extended for a period of 6 months (or 7 months in some cases) the period of validity of certain certificates, licences and authorisations and postponed the completion of certain periodic checks and continuing training which, under the relevant EU legislation, should have taken place during the period between 1 March 2020 (or 1 February 2020 in some cases) and 31 August 2020.
Some Member States have submitted reasoned requests to the Commission for authorisation to extend certain periods again. The Commission has adopted six decisions authorising such extensions.
Despite some improvements in the situation during the summer of 2020, the persistence of the pandemic in the third quarter of 2020 forced Member States to maintain or even reinforce the measures taken to prevent the spread of the disease.
As a consequence, transport operators may not be able to complete the formalities or procedures necessary to comply with certain provisions of EU law on the renewal or extension of certificates, licences or approvals, or on the completion of periodic checks and continuous training, or to take other necessary steps to maintain their validity, as was the case in spring 2020.
The Commission therefore considers it necessary to adopt measures to remedy these problems and to ensure both legal certainty and the proper functioning of the legal acts concerned.
CONTENT: the proposal aims to establish temporary measures applicable to the renewal and extension of the validity of certain certificates, licences and authorisations and to the postponement of certain periodic checks and periodic training in response to the exceptional situation arising from the spread of COVID-19 in the fields of road, rail and inland waterway transport and maritime security during reference periods subsequent to those referred to in Regulation (EU) 2020/698.
The proposal provides for adaptations, in particular for 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 by 1 April 2021 at the latest. Such extensions should be limited to what is necessary in view of the period during which the completion of formalities, procedures, checks and training are likely to remain impracticable and, in any event, should not exceed six months.
The proposal concerns specific provisions which affect the application of several directives and regulations concerning in particular:
- the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers for driving licences;
- tachographs in road transport;
- the periodic technical inspection of motor vehicles and their trailers;
- the conditions to be complied with to pursue the occupation of road transport operator;
- access to the international road haulage market and access to the international market for coach and bus services;
- railway safety, the certification of train drivers operating locomotives and trains on the railway system in the Union and the rules establishing a single European railway area;
- the conditions for obtaining boatmasters' certificates for the carriage of goods and passengers by inland waterway in the Union, technical requirements for inland waterway vessels and the improvement of ship and port facility security.
The Regulation should enter into force as a matter of urgency so that the situations of legal uncertainty affecting many authorities and operators in different sectors are minimised.
Documents
- Commission response to text adopted in plenary: SP(2021)133
- Contribution: COM(2021)0025
- Final act published in Official Journal: Regulation 2021/267
- Final act published in Official Journal: OJ L 060 22.02.2021, p. 0001
- Draft final act: 00002/2021/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0049/2021
- Legislative proposal published: COM(2021)0025
- Legislative proposal published: EUR-Lex
- Draft final act: 00002/2021/LEX
- Commission response to text adopted in plenary: SP(2021)133
- Contribution: COM(2021)0025
Votes
Mesures temporaires relatives à la validité de certains certificats et licences (Omnibus II) - Temporary measures concerning the validity of certificates and licences (Omnibus II) - Vorübergehende Maßnahmen hinsichtlich der Gültigkeit von Bescheinigungen und Lizenzen (Omnibus II) - (C9-0004/2021) - 2021/0012(COD) - Demande d'application de la procédure d'urgence #
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