(3)

Article 3 is replaced by the following: ‘Article 3 1. Member States shall ensure that road transport is considered forming part of a combined transport operation covered by this Directive only if the carrier can produce information providing clear evidence that such road transport constitutes a road leg of a combined transport operation, including the transport of empty load units before and after the transport of goods and if that information is duly transmitted to the haulier carrying the transport operation before the start of the operation . [Am. 33] 2. The In order to be considered to be clear evidence , the information referred to in paragraph 1 shall be presented or transmitted in the format referred to in paragraph 5 and shall comprise the following details for each combined transport operation: [Am. 34] (a) the name, address, contact details and signature of the shipper;[.] (aa) if different from the shipper, the name, address, contact details and signature of the operator responsible for the routing of the combined transport operation; [Am. 35] (b) the place and date where the combined transport operation begins in the Union; (c) the name, address and contact details of the consignee; (d) the place where the combined transport operation ends in the Union; (e) the distance as the crow flies between the place where the combined transport operation begins and the place where the combined transport operations ends in the Union; (ea) if that distance exceeds the limits referred to in Article 1(3), a justification in accordance with the criteria provided for in the last subparagraph thereof; [Am. 36] (f) a description, signed by the shipper, of the combined transport operation routing , signed by the responsible operator for the planning, where the signature can mean an electronic signature, including at least the following details for each leg, including for each mode of transport which constitutes the non-road leg, of the operation within the Union: [Am. 37] (i) leg order (i.e. first leg, non-road leg or final leg); (ii) name, address and contact details of the carrier (s) ; [Am. 38] (iii) mode of transport and its order in the operation; (g) identification of the intermodal load unit transported; (h) for the initial road transport leg: (i) the place of transhipment to the non-road leg; [Am. 39] (ii) the distance of the initial road transport leg as the crow flies between the place of shipment and the first transport terminal or transhipment terminal point ; [Am. 40] (iii) if the initial road leg is completed, a signature of the carrier haulier confirming that the transport operation of the road leg has been carried out; [Am. 41] (i) for the final road transport leg: (i) the place where the goods are taken [over] from the non-road leg (rail, inland waterways or maritime transport); (ii) the distance of the final road transport leg as the crow flies between the place of transhipment and the place where the combined transport operation ends in the Union); [Am. 42] (j) for the non-road leg: (i) if the non-road leg is completed, a signature of the carrier (or carriers in the case of two or more non-road operations on the non-road leg) confirming that the transport operation on the non-road leg has been carried out; (ii) when available, a signature or seal of the relevant rail or port authorities authority or the responsible body 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. [Am. 43] (ja) when the road leg distance limits are exceeded in accordance with the third subparagraph of Article 1(3) the reasons justifying this. [Am. 44] 3. No additional document shall be required in order to prove that the carrier is carrying out a combined transport operation. 4. The evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out and in the format referred to in paragraph 5 . In case of road side checks, it shall be presented within the duration of such check , and within a maximum of 45 minutes . If it cannot be made available at the time of the road check, the signatures referred to in point (h)(iii) and point (j) of paragraph 2 shall be presented or transmitted within 5 working days following the check to the competent authority of the Member State concerned. The evidence It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence information referred to in paragraph 2. [Am. 45] 5. The evidence may be provided through a transport document fulfilling the requirements laid down in Article 6 of Council Regulation No 11, or through other existing transport documents such as the Convention on the Contract for the International Carriage of Goods by Road (CMR) transport document or the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) transport document consignment notes provided for under existing international or national transport conventions, until a standardised form is laid down by the Commission by way of implementing acts . [Am. 46] Such evidence may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, including supplementing the electronic consignment note under the Convention on the Contract for the International Carriage of Goods by Road (eCMR) for the road part existing international or national transport convention. Member States authorities shall be required to accept electronic information related to the evidence. When exchanges of information between authorities and operators are made by electronic tools, such exchanges and the storage of such information, shall be made using electronic data-processing techniques. [Am. 47] Member States shall move towards a gradual dematerialisation of documentation, and shall provide for a transitional period until the use of the paper format has been fully abandoned. [Am. 48] 6. For the purposes of road side checks, a discrepancy of the transport operation with the provided evidence, notably as regards the routing information in point (g) points (f), (h) and (i) of paragraph 2 shall be permitted, if duly justified, in case of exceptional circumstances outside the control of the carrier haulier (s) causing changes in the combined transport operation. To that end, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide additional justification on this discrepancy between provided evidence and actual operation.’; [Am. 49]