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
Date: 2020-04-29
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: epidemic, infectious disease, inland waterway transport, intra-EU transport, land transport, organisation of transport, recognition of vocational training qualifications, traffic regulations, transport regulations, vocational training

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   EUROPEAN COMMISSION  Brussels, 29.4.2020  COM(2020) 176 final 2020/0068 (COD)  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 (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  objective  of  this  draft  Regulation  is  to  lay  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. 

The  COVID-19  outbreak  and  the  associated  public  health  crisis  presents  an  unprecedented 
challenge to the Member States and is a high burden for national authorities, EU citizens, and 
economic operators, including in particular transport sector. The COVID-19 crisis has created 
extraordinary  circumstances  that  affect  the  normal  activities  of  the  competent  authorities  in 
the  Member  States  and  the  work  of  transport  undertakings  as  regards  the  administrative 
formalities  to  be  carried  out  in  different  transport  sectors.  Those  circumstances  could  not 
reasonably have been anticipated at the time of adoption of such Union legislation.  

Due to public measures that have become necessary in view of the COVID-19 outbreak, the 
transport operators and  other persons  concerned are in  many cases not  able to  complete the 
necessary formalities or procedures to comply with certain provisions of Union law related to 
the  renewal,  extension  or  continued  validity  of  certificates,  licences  or  authorisations.  In 
addition,  and  for  the  same  reasons,  the  competent  authorities  of  the  Member  States  may  be 
unable  to  comply  with  the  obligations  established  by  Union  law  and  to  ensure  relevant 
requests  introduced  by  the  transport  operators  are  dealt  with  before  the  expiry  of  the 
applicable deadlines.  

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.  

In  order  to  ensure  the  smooth  functioning  of  the  internal  market,  a  high  level  of  transport 
safety, to provide legal certainty, and to avoid potential market disruption, 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 ensuring that 
they  remain  valid  during  a  reasonable  period  of  time  during  and  after  the  COVID-19 
outbreak.  

Likewise, time limits for relevant formalities should be extended and the validity of licences, 
certificates  and  similar  documents  should  be  maintained  accordingly.  Where  relevant, 
alternative means intended to enable proper controls should be allowed and made mandatory. 
This  is  the  case  for  example  in  the  area  of  tachographs,  in  case  driver  cards  expire  and  the 
issuance of a new card is not feasible.  

In addition, it is possible that due to measures taken by the Member State concerned, intended 
to  prevent  or  contain  the  spread  of  COVID-19,  the  renewal  of  the  certificates,  licences  or 
authorisations  remains  impracticable  beyond  the  timeframe  referred  to  in  one  or  the  other 
relevant  provision  of  in  this  Regulation.  Where,  upon  a  request  submitted  by  the  Member 
State  concerned  in  such  case,  the  Commission  finds  that  the  circumstances  so  warrant  the 
Commission shall authorise the Member State concerned to apply an extension of the relevant 

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period or periods. Such extension should be limited to the period during which the difficulty 
to renew the certificates, licences or authorisations is likely to persist in that Member State. 

• 

Consistency with existing policy provisions in the policy area 

The  legislation  concerned  by  this  Regulation  does  not  contain  explicit  provisions,  which 
would allow extending the validity of certificates, authorisations or licences in situations such 
as those created by the COVID-19 crisis. It is therefore necessary to adopt relevant provisions 
in order to take into account the effects of the current crisis and to provide legal certainty to 
individuals and economic operators, as well as to the Member States’ authorities. 

• 

Consistency with other Union policies 

The effective functioning of the internal market in transport and related services depends on 
the continuous provision of transport services by the operators. The negative consequences of 
the  current  crisis  could,  due  to  the  impossibility  for  undertakings  to  fulfil  the  applicable 
requirements,  compromise  the  conduct  of  their  activity.  It  could  also  result  in  a shortage  of 
staff available for such activity, for lack of the necessary valid documents allowing them to 
exercise their profession legally. The provisions of the Regulation proposed herewith address 
this major concern by ensuring legal certainty and allowing the exercise of the professions in 
transport.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is based on Article 91 and Article 100(2) of the Treaty on the Functioning of the 
European Union. 

• 

Subsidiarity (for non-exclusive competence)  

According to  the principle of subsidiarity, Union action may only be taken if the envisaged 
aims  cannot  be  achieved  by  Member  States  alone.  The  issues  giving  rise  to  the  present 
proposal  are  linked  to  the  terms  of  Union  law  and  can  threfore  be  remedied  only  through 
provisions of Union law, i.e. in form of temporary derogations. 

• 

Proportionality 

This  Union  action  is  necessary  to  achieve  the  objective  of  the  proper  operation  of  the 
mechanisms  provided  for  by  the  relevant  pieces  of  Union  law,  taking  into  account  the 
magnitude and gravity of the current COVID-19 outbreak. The proposed Regulation contains 
targeted temporary measures, which are strictly linked to the current COVID-19 outbreak and 
limited  to  what  is  necessary  to  ensure  legal  certainty,  transport  safety  and  the  smooth 
functioning of the internal market. 

• 

Choice of the instrument 

This proposal concerns specific provisions that affect the application of several Directives and 
Regulations.  The  provisions  of  the  act  proposed  should  apply  immediately  and  be  directly 
applicable in order to guarantee legal certainty without delay, for the transport operators and 
other persons concerned, as well as  the Member States’ authorities. The validity of relevant 
certificates, authorisations and licences, as well as the obligation to undergo periodic checks, 
training  or  examinations  should  be  therefore  prolonged  ex  lege,  even  where  the  relevant 
matters are governed by a Directive. This legislative act should therefore take the form of a 
Regulation that is directly applicable and does not require transposition into national law.  

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

Given  the  urgency  of  the  matter,  formal  stakeholder  consultation  has  not  been  carried  out. 
However, both Member States authorities and stakeholders have called upon the Commission 
to  adopt  a  proposal  for  appropriate  measures,  and  several  of  them  have  expressed  concerns 
about  the fragmentation that could  result without the Union action.  In  fact,  several  Member 
States  have  already  adopted,  or  announced  imminent  adoption,  of  national  measures 
extending  the  validity  of  certificates  and  licences.  Transport  associations  raised  concerns 
about such uncoordinated national initiatives.  

• 

Collection and use of expertise 

As  explained,  the  proper  collection  of  expertise  was  not  possible  due  to  the  urgency  of  the 
situation.  

• 

Impact assessment 

Given the urgency of the situation, no impact assessment has been carried out. This proposal 
does not alter the principles and mechanisms of the Union legislation concerned and does not 
impose  new  obligations  on  the  concerned  parties.  It  primarily  aims  at  providing,  for 
exceptional  reasons  in  the  context  of  the  current  COVID-19  pandemic,  extensions  of  the 
validity of certificates, licences or authorisations and of certain time limits, for a short period 
of time.  

• 

Fundamental rights 

Not applicable 

4. 

BUDGETARY IMPLICATIONS 

Not applicable 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The measure does not  include any specific monitoring or reporting arrangements. However, 
given the remaining uncertainty about the further developments regarding COVID-19, and in 
particular  possible  occurrence  of  subsequent  waves  of  infections  and  the  potential 
reintroduction of lockdowns, as well as the need to take account of situations individual to the 
different  Member  States,  the  Commission  should  be  empowered,  following  a  request 
submitted  by  any  Member  State,  to  authorise  the  application  of  additional  time  periods. 
Similarly, to what is provided for in Article 14 of Regulation (EC) No 561/20061, the terms of 
the procedure are simple and thus allow swift adoption of any necessary decisions.  

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Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the 
harmonisation of certain social legislation relating to road transport and amending Council Regulations 
(EEC) No 3821/85 and (EC)  No 2135/98 and repealing Council  Regulation (EEC) No 3820/85 (OJ L 
102, 11.4.2006, p. 1).  

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• 

– 

Detailed explanation of the specific provisions of the proposal 

Directive 2003/59/EC of the European Parliament and of the Council of 15 July 
2003 on the initial qualification and periodic training of drivers of certain road 
vehicles  for the carriage of goods or passengers, amending Council Regulation 
(EEC)  No  3820/85  and  Council  Directive  91/439/EEC  and  repealing  Council 
Directive 76/914/EEC2. 

Directive  2003/59/EC  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.  The  purpose  of  the  Directive  is  to  set  harmonised  minimum  competence  standards 
throughout  the  Union.  The  Directive  requires  drivers  to  follow  initial  training  and  then 
periodic training every five years. Due to the current COVID-19 outbreak, the drivers subject 
to the training obligation may not be able to comply with it or they may not be able to renew 
the  documents  that  prove  the  periodic  training  obligation  has  been  complied  with.  It  is 
therefore  necessary  to  extend  the  validity  of  the  certificates  of  professional  competence 
(CPCs), of the marking of harmonised Union code ‘95’ made either on the driving licence or 
on the driver qualification card, based on such CPCs or the driver qualification card which, in 
accordance with these provisions, would expire between 1 March 2020 and 31 August 2020. 
The validity of these documents should be deemed to be extended for a period of six months 
and they should remain valid accordingly in order to ensure the continuity of road transport. 

– 

Directive  2006/126/EC  of  the  European  Parliament  and  of  the  Council  of  20 
December 2006 on driving licences (Recast)3. 

Directive 2006/126/EC provides for the mutual recognition of the driving licences issued by 
Member  States  based  on  a  Union  model  driving  licence.  It  lays  down  a  series  of  minimum 
requirements  for  these  driving  licences  in  order  to  improve  road  safety,  to  facilitate  the 
freedom  of movement  for citizens moving inside the Union and to  reduce the possibility of 
fraud.  The  Directive  has  therefore  introduced  harmonised  validity  periods  for  all  driving 
licence categories. Due to the current COVID-19 outbreak, driving licence holders may not be 
able to renew, or exchange, their driving licence. It is therefore necessary that driving licences 
which, in  accordance  with  these provisions, would  otherwise expire between 1 March 2020 
and 31 August 2020 should be deemed to be extended for a period of six months in order to 
ensure the continuity of mobility by road. 

– 

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 
transport4.  

Compliance  with  the  rules  on  driving  time,  working  time  and  rest  periods  is  essential  to 
preserving  the  principles  of  road  safety  and  fair  competition  in  the  internal  road  transport 
market. Tachographs and driver cards record the information necessary to assess compliance 
with  those  rules.  According  to  Article  23  of  Regulation  (EU)  No  165/2014  (“Tachograph 
Regulation”),  tachographs  shall  be  subject  to  inspection  by  approved  workshops  every  two 
years in order to assess the correct functioning, calibration and security features of the device 

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OJ L 226, 10.9.2003, p. 4. 
OJ L 403, 30.12.2006, p. 18. 
OJ L 60, 28.2.2014, p. 1. 

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installed in the vehicle. Driver cards are personal and are issued by the national authorities for 
a  period  of  five  years.  When  a  driver  card  expires,  it  must  be  renewed  with  a  new  card,  in 
compliance  with  Article  28  of  the  Tachograph  Regulation.  According  to  Article  29  of  the 
Tachograph  Regulation  if  the  driver  card  is  damaged,  malfunctions  or  is  lost  or  stolen,  the 
driver shall, within seven calendar days, apply for its replacement to the competent authorities 
of  the  Member  State  of  his  normal  residence.  Those  authorities  shall  supply  a  replacement 
card within eight working days after their receipt of a detailed request to that effect. Member 
States have informed the Commission of difficulties in performing the periodical inspections 
of the tachographs and renewing the  driver cards according to the deadlines provided for in 
the  Union  legislation.  These  difficulties  are  due  to  the  current  exceptional  circumstances 
linked  to  the  COVID-19  outbreak.  In  such  circumstances,  the  Member  States  should  be 
allowed  to  authorise,  for  a  limited  period  of  time,  the  continued  circulation  of  vehicles 
equipped with tachographs whose inspection has not been carried out when it was due.  

Additionally,  as  regards  the  expired  driver  cards,  drivers  who  have  requested  a  new  card 
according to Article 28 of the Tachograph Regulation should be put in a position and obliged 
to  resort  to  viable  alternatives  to  keep  a  record  of  their  activity,  until  the  card-issuing 
authorities have issued a new card for the driver. The procedure foreseen in Article 35(2) of 
the  Tachograph  Regulation  for  damaged,  malfunctioning,  lost  or  stolen  driver  cards,  should 
apply  mutatis  mutandis  to  drivers  whose  card  expired.  This  approach  will  ensure  the 
appropriate balance between the necessary continuity of transport and the need not to put road 
safety at risk. 

– 

Directive 2014/45/EU of the European Parliament and of the Council of 3 April 
2014 on periodic roadworthiness tests for motor vehicles and their trailers and 
repealing Directive 2009/40/EC5. 

Directive  2014/45/EU  defines 
the  harmonised  minimum  requirements  for  periodic 
roadworthiness testing. These include notably the frequency of testing and as a consequence 
the  validity  of  the  roadworthiness  certificates.  Due  to  the  current  exceptional  circumstances 
linked  to  the  COVID-19  outbreak,  these  activities  may  be  rendered  impracticable.  It  is 
therefore necessary that roadworthiness tests due to be carried out between 1 March 2020 and 
31  August  2020  could  be  carried  out  at  a  later  date,  but  not  later  than  six  months  after  the 
original time limit and that the certificates concerned should remain valid accordingly. 

– 

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/EC6. 

Regulation  (EC)  No  1071/2009  lays  down  common  rules  concerning  the  conditions  to  be 
complied  with  to  pursue  the  occupation  of  road  transport  operator.  Under  the  current 
circumstances,  more  transport  undertakings  are  likely  to  be  at  risk  of  not  fulfilling  the 
financial standing criterion, given the reduced level of activity and, consequently of turnover, 
which can lead to a reduction in their level of own resources. As a result, operators which are 
otherwise  structurally  viable  could  risk  losing  their  operating  licence,  implying  the  end  of 
their  transport  activity.  In  accordance  with  Article  13(1)(c)  Regulation  (EC)  No  1071/2009, 
when  transport  undertakings  no  longer  meet  the  requirement  of  financial  standing,  the 
competent authorities may set a time limit not exceeding six months in order to demonstrate 
that that requirement will again be satisfied on a permanent basis. However, given the current 

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OJ L 127, 29.4.2014, p. 51. 
OJ L 300, 14.11.2009, p. 51. 

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lack  of  activity  and  revenues,  this  maximum  period  appears  too  short,  and  should  thus  be 
extended  to  twelve  months,  for  assessments  made  and  decisions  taken  from  1  March  2020 
until 31 December 2020. 

– 

– 

Regulation (EC) No 1072/2009 of the European Parliament and of the Council 
of  21  October  2009  on  common  rules  for  access  to  the  international  road 
haulage market7. 

Regulation (EC) No 1073/2009 of the European Parliament and of the Council 
of 21 October 2009 on common rules for access to the international market for 
coach and bus services, and amending Regulation (EC) No 561/20068. 

The international carriage of goods by road and international carriage of passengers by coach 
and  bus  are  subject  to  the  possession  of  a  Community  licence  by  the  professional  carriers 
providing those services, under the conditions provided for in Article 6 of Regulation (EC) No 
1072/2009 for the carriage of goods and Article 4 of Regulation No 1073/2009 for carriage of 
passengers.  

The Community licence  attests that the transport operators are established in  the Union and 
comply  with  the  necessary  requirements  to  provide  international  transport  services. 
Additionally, in the case of international carriage of goods, when the driver is a national of a 
third country, this driver should be in possession of a driver attestation in accordance with the 
provisions laid down in Chapter II of Regulation No 1072/2009. It allows Member States to 
check  effectively  whether  drivers  from  third  countries  are  lawfully  employed  or  at  the 
disposal of the professional carrier responsible for a given transport operation.  

The provision of regular services by bus and coach is subject to authorisation in accordance 
with the provisions laid down in Chapter III of Regulation No 1073/2009. The procedure for 
their  renewal  is  also  subject  to  the  same  procedure,  mutatis  mutandis.  The  authorisation  is 
subject to a number of conditions to ensure the suitability of a particular carrier to provide a 
specific  regular  service.  Community  licence  and  authorisation  for  regular  services  are 
interdependent  in  the  sense  that,  to  issue  the  latter,  it  is  necessary  to  be  in  possession  of  a 
Community  licence.  Community  licences,  driver  attestations  and  authorisations  for  regular 
services by bus and coach are issued by the competent authorities of the Member States at the 
request  of  the  carriers  for  periods  of  up  to  ten  years  (Community  licence)  and  five  years 
(driver  attestation  and  authorisation)  that  can  be  renewed.  Their  renewal  is  subject  to  the 
verification that the conditions under which they were issued are still satisfied. Member States 
have  informed  the  Commission  about  difficulties  to  renew  these  licences,  attestations  and 
authorisations within the time limits provided for in the Union legislation or to carry out the 
necessary  verifications  before  renewing  them.  This  is  due  to  the  current  exceptional 
circumstances linked to the COVID-19 outbreak. On the other hand, it is essential to ensure 
continuity of transport services.  It  is  therefore necessary to  extend the validity of the  above 
Community licences, attestations and authorisations for a limited period of time. 

– 

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Directive  (EU)  2016/798  of  the  European  Parliament  and  of  the  Council  of  11 
May 2016 on railway safety9. 

Directive 2004/49/EC of the European Parliament and of the Council of 29 April 
2004  on  safety  on  the  Community's  railways  and  amending  Council  Directive 
95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on 

OJ L 300, 14.11.2009, p. 72. 
OJ L 300, 14.11.2009, p. 88. 
OJ L 138, 26.5.2016, p. 102. 

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the allocation of railway infrastructure capacity and the levying of charges for 
the  use  of  railway  infrastructure  and  safety  certification  (Railway  Safety 
Directive)10. 

Directive  2004/49/EC  and  Directive  (EU)  2016/798  regulate  safety  certification  and 
authorisation  in  the  Union.  Directive  2004/49/EC  is  repealed  by  Directive  (EU)  2016/798 
with effect from 16 June 2020. Until this date, it still applies to those Member States that have 
extended  the  transposition  period  of  Directive  (EU)  2016/798  until  the  same  date,  in 
accordance with Article 33 (2) of the latter Directive.  

In accordance with Article 10(13) of Directive (EU) 2016/798, a railway undertaking has to 
possess a single safety certificate issued either by the European Union Agency for Railways 
or  by  a  national  safety  authority,  to  be  renewed  upon  application  at  intervals  not  exceeding 
five  years.  In  accordance  with  Article  12(2)  of  Directive  (EU)  2016/798,  the  safety 
authorisation of infrastructure managers is valid for five years.  

In accordance with Article 10(5) of Directive 2004/49/EC, a safety certificate is to be renewed 
upon  application  by  the  railway  undertaking  at  intervals  not  exceeding  five  years.  In 
accordance  with  Article  11(2)  of  Directive  2004/49/EC,  the  safety  authorisation  is  to  be 
renewed upon application of infrastructure manager at intervals not exceeding five years.  

Due  to  the  extraordinary  situation  caused  by  the  COVID-19  outbreak  national  authorities, 
railway  undertakings  and  infrastructure  managers  face  difficulties  when  it  comes  to  the 
renewal of (single) safety certificates and of safety authorisations or, in view of a forthcoming 
expiry of existing safety authorisations, the issuance of such authorisations for a subsequent 
period.  It  is  therefore  necessary  to  extend  the  time  limit  of  renewal  and  validity  of  these 
documents  to  ensure  that  the  operation  of  the  railway  undertakings  and  the  infrastructure 
managers  is  not  undermined.  An  extension  of  six  months should  address  the  difficulties  for 
national  safety  authorities  to  conduct  on-site  inspections  and  complete  other  administrative 
work required. 

– 

Directive  2007/59/EC  of  the  European  Parliament  and  of  the  Council  of 
23 October 2007 on the certification of train drivers operating locomotives and 
trains on the railway system in the Community11. 

In  accordance  with  Article  14(5)  of  Directive  2007/59/EC,  a  licence  shall  be  valid  for  ten 
years,  subject  to  Article  16(1).  Due  to  the  extraordinary  situation  caused  by  the  COVID-19 
outbreak,  the  competent  authorities  face  difficulties  with  renewing  licences  within  the 
prescribed  conditions.  Licences  due  to  be  renewed  within  the  period  during  which  such 
renewal is impracticable should remain valid for an additional six months’ period. Similarly, 
train drivers should be granted an additional six months to complete periodic checks. 

– 

Directive  2012/34/EU  of  the  European  Parliament  and  of  the  Council  of 
21 November 2012 establishing a single European railway area12. 

Article 24(3) of Directive 2012/34/EU specifies that in case where a licence is suspended or 
revoked  on  grounds  of  non-compliance  with  the  requirement  for  financial  fitness,  the 
licensing  authority may  grant  a temporary licence pending the reorganisation of the railway 

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OJ L 164, 30.4.2004, p. 44. 
OJ L 315, 3.12.2007, p. 51. 
OJ L 343, 14.12.2012, p. 32. 

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undertaking,  provided  that  safety  is  not  jeopardised.  However,  the  maximum  period  of 
validity of a temporary licence is six months. Due to the extraordinary circumstances caused 
by  the  COVID-19  outbreak,  authorities  have  serious  difficulties  in  taking  the  relevant 
decisions,  namely  on  the  issuance  of  new  licences  for  the  period  after  the  expiry  of  a 
temporary  licence.  Therefore,  the  validity  of  the  temporary  licences  concerned,  issued  or 
expiring from 1 March 2020 until 30 August 2020, should be prolonged by six months. 

Article  25(2)  of  Directive  2012/34/EU  requires  the  licensing  authority  to  decide  on  the 
application  for  the  issuance  of  a  licence  within  three  months.  However,  for  the  reasons 
already  mentioned,  the  licensing  authorities  are  not  in  a  position  to  act  timely.  It  is  thus 
proposed to grant those authorities an extension of six months in this respect, for applications 
submitted between 12 January 2020 and 31 August 2020.  

Pursuant to Directive 2012/34/EU, licensing authorities may suspend or revoke the licence of 
any railway undertaking, which may not be able to fulfil the requirements of financial fitness. 
If that is the case, the authorities may grant a temporary licence to such railway undertakings 
following the licence revocation or the suspension. A temporary licence is intended to allow 
the  railway  undertaking  to  restructure  and  pursue  its  activity,  provided  safety  is  not 
compromised. However, experience has shown that it also sends a very negative signal to the 
market  about  the  ability  of  a  railway  undertaking  to  survive,  which  in  turn  aggravates  its 
financial  problems,  in  particular  in  terms  of  cash  flow.  It  is  likely  that  many  railway 
undertakings,  which  were  financially  stable  before  the  crisis,  will  end  up  in  a  situation  in 
which their licence would need to be suspended or revoked, given their financial situation. In 
the context of the current crisis, this may be unwarranted, in particular in economic and safety 
terms.  Moreover,  railway  undertakings  might  need  more  time  to  financially  stabilise  in  the 
period following the containment of COVID-19 outbreak. 

It is therefore proposed to temporarily permit Member States to maintain an existing licence 
unaltered, i.e. abstain  from  revoking or  suspending it and from  issuing  a temporary licence, 
provided that safety is not at risk. Member States would remain able to monitor the financial 
fitness  of  the  railway  undertakings  in  question,  notably  in  order  to  protect  passengers  from 
undue safety risks. As a result, railway undertakings would not be subject to undue constraints 
and would find better conditions to financially recover. 

– 

Council  Directive  96/50/EC  of  23  July  1996  on  the  harmonization  of  the 
conditions  for  obtaining  national  boatmasters'  certificates  for  the  carriage  of 
goods and passengers by inland waterway in the Community13. 

Article  6(2)  of  Directive  96/50/EC  requires  the  holders  of  the  certificate  of  a  boatmaster  to 
undergo  a  medical  examination  after  reaching  65  years  in  the  following  three  months  and 
subsequently  every  year.  However,  as  the  access  to  the  medical  service  is  limited  for  non-
emergency  examinations,  due  to  the  measures  taken  in  relation  to  the  COVID-19  outbreak, 
holders of boatmasters’ certificates may not be able to undergo the medical examinations due 
within period concerned by those measures. Therefore, for cases in which the time limit for 
undergoing medical examinations would expire between 1 March 2020 and 31 August 2020, 
that time limit should be extended by six months in each of the cases concerned. 

13 

OJ L 235, 17.9.1996, p. 31. 

EN 

8 

  EN 

                                                 
– 

Directive (EU) 2016/1629 of the European Parliament and of the Council of 14 
September  2016  laying  down  technical  requirements  for  inland  waterway 
vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC14. 

The  period  of  validity  of  Union  inland  navigation  certificates  is  limited  in  accordance  with 
Article 10 of Directive (EU) 2016/1629.  Moreover, Article 28 of Directive (EU) 2016/1629 
provides for the continued validity of documents falling within the scope of that Directive and 
issued  by  the  competent  authorities  of  the  Member  States  under  the  previously  applicable 
Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 
laying  down  technical  requirements  for  inland  waterway  vessels  and  repealing  Council 
Directive 82/714/EEC15.  

The  measures  taken  in  view  of  the  COVID-19  outbreak  may  make  it  impractical  and 
sometimes  impossible  for  the  competent  authorities  to  carry  out  the  technical  inspection  in 
order  to  extend  the  validity  of  relevant  certificates  or,  in  case  of  documents  referred  to  in 
Article 28 of Directive (EU) 2016/1629, to replace them.  

Therefore, in the interests of legal certainty and in order to allow the continued operation of 
relevant  inland  waterways  vessels,  it  is  appropriate  to  extend  by  a  period  of  six  months  the 
validity of Union inland navigation certificates as well as documents falling within the scope 
of Article 28 of Directive (EU) 2016/1629, which would otherwise expire between 1 March 
2020 and 31 August 2020. 

– 

– 

Regulation (EC) No 725/2004 of the European Parliament and of the Council of 
31 March 2004 on enhancing ship and port facility security16. 

Directive  2005/65/EC  of  the  European  Parliament  and  of  the  Council  of  26 
October 2005 on enhancing port security17. 

The COVID-19 outbreak has made the conduct of maritime security inspections and surveys 
difficult  in  this  period,  as  they  require  the  physical  presence  of  inspectors  in  port,  port 
facilities  and  ships.  This  often  means  that  it  is  impracticable  to  renew  the  certificates, 
assessments  and  plans  required  by  Union  maritime  security  legislation,  under  the  set 
deadlines.  Therefore,  it  is  necessary  to  provide  flexible  and  pragmatic  solutions  while  not 
compromising security, by extending the validity of these documents by a reasonable amount 
of  time,  as  necessary.  This  also  applies  to  the  periodicity  of  maritime  security  drills  and 
exercises, which may also be difficult to carry out during respective national lockdowns. 

14 
15 
16 
17 

OJ L 252, 16.9.2016, p.118. 
OJ L 389, 30.12.2006, p. 1. 
OJ L 129, 29.4.2004, p. 6. 
OJ L 310, 25.11.2005, p. 28. 

EN 

9 

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2020/0068 (COD) 

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 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91 and Article 100(2) thereof, 

Having regard to the proposal from the European Commission 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee18,  
Having regard to the opinion of the Committee of the Regions19,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

The  COVID-19  outbreak  and  the  associated  public  health  crisis  present  an 
unprecedented  challenge  to  the  Member  States  and  constitute  a  heavy  burden  for 
national  authorities,  citizens  of  the  Union,  and  economic  operators  in  particular 
transport operators. 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. For the same reasons, 
the  competent  authorities  of  the  Member  States  may  be  unable  to  comply  with  the 
obligations  established  by  Union  law  and  to  ensure  that  relevant  requests  introduced 
by the transport operators are dealt with before the applicable deadlines. It is therefore 
necessary to adopt measures intended to overcome those situations and to ensure both 
legal  certainty  and  the  proper  operation  of  the  acts  concerned.  Adaptations  to  that 
effect should be provided for, notably in respect of certain time limits, combined with 

18 
19 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

EN 

10 

  EN 

                                                 
(3) 

(4) 

(5) 

20 

21 

22 

23 

24 

the  possibility  for  the  Commission  to  authorise  extensions  upon  request  by  any 
Member State.  
Directive  2003/59/EC  of  the  European  Parliament  and  of  the  Council20  lays  down 
rules  applicable  to  the  initial  qualification  and  periodic  training  of  drivers  of  certain 
road  vehicles  for  the  carriage  of  goods  or  passengers.  Those  drivers  must  hold  a 
certificate  of  professional  competence  and  must  prove  they  have  completed  the 
periodic training by holding a driving licence or a driver qualification card, on which 
the training is registered. Due to the difficulties in completing the periodic training and 
in  renewing  certificates  of  professional  competence  certifying  that  training  as  a 
consequence of the extraordinary circumstances caused by the COVID-19 outbreak, it 
is necessary to extend the validity of those certificates for six months after their expiry 
date, in order to ensure the continuity of road transport.  
Directive  2006/126/EC  of  the  European  Parliament  and  of  the  Council21  lays  down 
rules  on  driving  licences.  It  provides  for  the  mutual  recognition  of  driving  licences 
issued  by  Member  States  based  on  a  Union  model  driving  licence,  and  lays  down  a 
series of minimum requirements for those licences. In particular, motor vehicle drivers 
must  hold  a  valid  driving  licence,  which  must  be  renewed  or,  in  some  cases, 
exchanged  upon  the  expiry  of  its  administrative  validity.  Due  to  difficulties  in 
renewing driving licences as a consequence of the extraordinary circumstances caused 
by the COVID-19 outbreak, it is necessary to extend the validity of certain licences for 
six months after their expiry date, in order to ensure the continuity of mobility by road.  
Regulation  (EU)  No 165/2014  of  the  European  Parliament  and  of  the  Council22  lays 
down  rules  on  tachographs  in  road  transport.  Compliance  with  the  rules  on  driving 
time, working time and rest periods, as set out in Regulation (EC) No 561/2006 of the 
European Parliament and of the Council23 and Directive 2002/15/EC of the European 
Parliament and of the Council24, is essential to ensure fair competition and road safety. 
Due to the need to ensure the continuity of provision of road transport services despite 
difficulties in performing the periodic inspections of tachographs as a consequence of 
the  extraordinary  circumstances  caused  by  the  COVID-19  outbreak,  inspections 
referred to in Article 23(1) of Regulation (EU) No 165/2014 which should have been 
carried out between 1 March 2020 and 31 August 2020 should now be carried out no 
later than six months following the date on which they had to be carried out according 

Directive  2003/59/EC  of  the  European  Parliament  and  of  the  Council  of  15 July  2003  on  the  initial 
qualification  and  periodic  training  of  drivers  of  certain  road  vehicles  for  the  carriage  of  goods  or 
passengers,  amending  Council  Regulation  (EEC)  No 3820/85  and  Council  Directive  91/439/EEC  and 
repealing Council Directive 76/914/EEC (OJ L 226, 10.9.2003, p. 4). 
Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving 
licences (OJ L 403, 30.12.2006, p. 18). 
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). 
Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the 
harmonisation of certain social legislation relating to road transport and amending Council Regulations 
(EEC) No 3821/85 and (EC)  No 2135/98 and repealing Council  Regulation (EEC) No 3820/85 (OJ L 
102, 11.4.2006, p. 1). 
Directive  2002/15/EC  of  the  European  Parliament  and  of  the  Council  of  11  March  2002  on  the 
organisation  of  the  working  time  of  persons  performing  mobile  road  transport  activities  (OJ  L  80, 
23.3.2002, p. 35). 

EN 

11 

  EN 

                                                 
to that Article. For the same reason, difficulties in renewing and replacing driver cards 
as  a  consequence  of  the  extraordinary  circumstances  caused  by  the  COVID-19 
outbreak  justify  that  authorities  be  granted  additional  time  for  these  purposes,  and 
drivers should be put  in  a position and be obliged to  resort to  viable  alternatives for 
recording  the  necessary  information  related  to  driving  time,  working  time  and  rest 
periods until a new card is received.  
Directive  2014/45/EU  of  the  European  Parliament  and  of  the  Council25  lays  down 
rules  on  periodic  roadworthiness  tests  for  motor  vehicles  and  their  trailers. Periodic 
roadworthiness testing is a complex task designed to ensure that vehicles are kept in a 
safe and environmentally acceptable condition during their use.  Due to difficulties in 
carrying  out  periodic  roadworthiness  testing  as  a  consequence  of  the  extraordinary 
circumstances  caused  by  the  COVID-19  outbreak,  the  periodic  roadworthiness  tests 
which  should  have  been  carried  out  between  1  March  2020  and  31  August  2020 
should now be carried out at a later date, but not later than six months after the original 
time limit and the certificates concerned should remain valid accordingly.  
Regulation (EC) No 1071/2009 of the European Parliament and of the Council26 lays 
down  common  rules  concerning  the  conditions  to  be  complied  with  to  pursue  the 
occupation of road transport operator. The COVID-19 crisis has serious repercussions 
on  the  financial  situation  of  the  sector,  and  some  transport  undertakings  no  longer 
meet  the  requirement  on  financial  standing.  Given  the  reduced  level  of  activity 
entailed  by  the  crisis,  it  can  be  anticipated  that  it  will  take  longer  than  usual  for 
undertakings  to  demonstrate  that  this  requirement  will  again  be  satisfied  on  a 
permanent  basis.  It  is  therefore  appropriate  to  extend  the  maximum  time  limit 
established  for  those  purposes  in  Article  13(1)(c)  of  Regulation  (EC)  No  1071/2009 
from  six to  twelve months, for assessments made and decisions  taken from  1 March 
2020 until 31 December 2020. 
Regulation (EC) No 1072/2009 of the European Parliament and of the Council27 and 
Regulation  (EC) No 1073/2009  of the  European  Parliament  and of the Council28  lay 
down  common  rules  for  access  to  the  international  road  haulage  market  and  the 
international  market  for  coach  and  bus  services,  respectively.  The  international 
carriage  of  goods  by  road  and  the  international  carriage  of  passengers  by  coach  and 
bus are subject, inter alia, to the possession of a Community licence and, in the case of 
drivers  from  third  countries  conducting  freight  transport  operations,  to  a  driver 
attestation.  The  provision  of  regular  services  by  bus  and  coach  is  also  subject  to 
authorisation.  Those  licences,  attestations  and  authorisations  may  be  renewed  after 
verification that the relevant conditions are still complied with. Due to difficulties in 
renewing  the  licences,  attestations  and  authorisations  as  a  consequence  of  the 
extraordinary  circumstances  caused  by  the  COVID-19  outbreak,  it  is  necessary  to 

Directive  2014/45/EU  of  the  European  Parliament  and  of  the  Council  of  3 April  2014  on  periodic 
roadworthiness  tests  for  motor  vehicles  and  their  trailers  and  repealing  Directive  2009/40/EC  (OJ  L 
127, 29.4.2014, p. 51). 
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 (OJ L 300, 14.11.2009, p. 51). 
Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on 
common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 
Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on 
common  rules  for  access  to  the  international  market  for  coach  and  bus  services,  and  amending 
Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88). 

(6) 

(7) 

(8) 

25 

26 

27 

28 

EN 

12 

  EN 

                                                 
(9) 

extend  their  validity  for  six  months  after  their  expiry  date,  in  order  to  ensure  the 
continuity of road transport. 
Directive (EU) 2016/798 of the European Parliament and of the Council29 lays down 
rules on railway safety. Given the confinement measures combined with the additional 
workload  involved  in  containing  the  COVID-19  outbreak,  the  national  authorities, 
railway undertakings and infrastructure managers are facing difficulties in the context 
of Articles 10 and 12 of that Directive, when it comes to the renewal of single safety 
certificates and, in view of a forthcoming expiry of existing safety authorisations, the 
issuance of such authorisations for a subsequent period. The time limit for renewal of 
single safety certificates should therefore be extended by six months, and the existing 
single  safety  certificates  concerned  should  remain  valid  accordingly.  Likewise,  the 
validity of safety authorisations should be extended by six months.  

(10) 

In accordance with Article 33(2) of Directive (EU) 2016/798, certain Member States 
extended the transposition period of that Directive. The rules of Directive 2004/49/EC 
of the European Parliament and of the Council30 therefore remain applicable in those 
Member States. It is thus necessary to also provide for an extension of the time limits 
for renewal of safety certificates and safety authorisations issued under Articles 10 and 
11 of Directive 2004/49/EC and to clarify that the safety certificates and authorisations 
concerned remain valid accordingly.  

(11)  Directive  2007/59/EC  of  the  European  Parliament  and  of  the  Council31  lays  down 
rules  on  the  certification  of  train  drivers  operating  locomotives  and  trains  on  the 
railway system in the Union. Article 14(5) of that Directive provides that the validity 
of train drivers’ licences is limited to ten years and is to be subject to periodic checks. 
Due  to  the  difficulties  in  renewing  licence  as  a  consequence  of  the  extraordinary 
circumstances  caused  by  the  COVID-19  outbreak,  the  validity  of  licences  expiring 
between  1  March  2020  and  31  August  2020  should  be  prolonged.  Similarly,  train 
drivers should be granted an additional six months to complete the periodic checks.  

(12)  Directive  2012/34/EU  of  the  European  Parliament  and  of  the  Council32  establishes  a 
single European railway area. Under Article 24(3) of that Directive, national licensing 
authorities  may  suspend  or  revoke  a  licence  on  grounds  of  non-compliance  with  the 
requirement  for  financial  fitness  and  grant  a  temporary  licence  pending  the 
reorganisation of the railway undertaking provided that safety is not jeopardised. Due 
to the extraordinary circumstances caused by the COVID-19 outbreak, authorities have 
serious  difficulties  in  taking  the  relevant  decisions,  namely  on  the  issuance  of  new 
licences for the period after the expiry of a temporary licence. Therefore, the validity 
of  the  temporary  licences  concerned,  expiring  from  1  March  2020  until  30  August 
2020, should be prolonged by six months.  

29 

30 

31 

32 

Directive  (EU)  2016/798  of  the  European  Parliament  and  of  the  Council  of  11  May  2016  on  railway 
safety (OJ L 138, 26.5.2016, p. 102). 
Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the 
Community's  railways  and  amending  Council  Directive  95/18/EC  on  the  licensing  of  railway 
undertakings  and  Directive  2001/14/EC  on  the  allocation  of  railway  infrastructure  capacity  and  the 
levying of charges for the use of railway infrastructure and safety certification (OJ L 164, 30.4.2004, p. 
44). 
Directive  2007/59/EC  of  the  European  Parliament  and  of  the  Council  of  23 October  2007  on  the 
certification of train drivers operating locomotives and trains on the railway system in the Community 
(OJ L 315, 3.12.2007, p. 51). 
Directive  2012/34/EU  of  the  European  Parliament  and  of  the  Council  of  21 November  2012 
establishing a single European railway area (OJ L 343, 14.12.2012, p. 32). 

EN 

13 

  EN 

                                                 
(13)  Article 25(2) of Directive 2012/34/EU requires licensing authorities to take decisions 
on  applications  for  licences  within  three  months.  Due  to  difficulties  in  taking  the 
relevant decisions as a consequence of the extraordinary circumstances caused by the 
COVID-19 outbreak, it is necessary to extend that time limit by six months.  

(14)  Railway undertakings, which were financially stable before the COVID-19 outbreak, 
face liquidity problems that  could  trigger their licence to  be suspended, revoked and 
possibly  replaced  by  a  temporary  licence  without  structural  economic  need.  The 
granting  of  a  temporary  licence  pursuant  to  Article  24(3)  of  Directive  2012/34/EU 
could send a negative signal to the market about the ability of railway undertakings to 
survive, which in turn would aggravate any, otherwise temporary financial problems. 
It  should  therefore  be  provided  that,  on  the  basis  of  the  assessment  of  the  licensing 
authority  carried  out  and  through  a  decision  taken  during  the  period  from  1  March 
2020  to  31  August  2020,  the  licence  of  such  railway  undertakings  may  not  be 
suspended  or  revoked  provided  that  safety  is  not  at  risk,  and  that  there  is  a  realistic 
prospect  of  a  satisfactory  financial  reconstruction  within  a  six  month  period.  At  the 
end  of  this  six month  period,  the  undertaking  should  be  subject  to  general  rules  laid 
down in Article 24(1) of Directive 2012/34/EU. 

(15)  Directive 96/50/EC33 lays down conditions for obtaining boatmasters’ certificates for 
the carriage of goods and passengers by inland waterways in the Union. On reaching 
the age of 65 years, holders of boatmaster certificates are required to undergo periodic 
medical  examinations.  In  view  of  the  measures  taken  in  relation  to  the  COVID-19 
outbreak, and in particular the limited access to medical services for medical checks, 
holders  of  boatmasters’  certificates  may  not  be  able  to  undergo  the  medical 
examinations due within period concerned by those measures. Therefore, for cases in 
which  the  time  limit  for  undergoing  medical  examinations  would  expire  between  1 
March 2020 and 31 August 2020, that time limit should be extended by six months in 
each of the cases concerned.  

(16)  Directive (EU) 2016/1629 of the European Parliament and of the Council34 lays down 
technical requirements for inland waterway vessels. Article 10 of that Directive limits 
the period of validity of Union inland navigation certificates. Moreover, Article 28 of 
Directive  (EU)  2016/1629  provides  that  documents  falling  within  the  scope  of  that 
Directive  and  issued  by  the  competent  authorities  of  the  Member  States  before 
6 October 2018 under the previously applicable Directive 2006/87/EC of the European 
Parliament  and  of  the  Council35  are  to  remain  valid  until  they  expire.  The  measures 
taken  in  view  of  the  COVID-19  outbreak  may  make  it  impractical  and  sometimes 
impossible for the competent authorities to carry out technical inspections in order to 
extend  the  validity  of  relevant  certificates  or,  in  case  of  documents  referred  to  in 
Article 28 of Directive (EU) 2016/1629, to replace them. Therefore, in order to allow 
the continued operation of relevant inland waterways vessels it is appropriate to extend 
by a period of six months the validity of Union inland navigation certificates as well as 

33 

34 

35 

Council  Directive  96/50/EC  of  23  July  1996  on  the  harmonization  of  the  conditions  for  obtaining 
national  boatmasters'  certificates  for  the  carriage  of  goods  and  passengers  by  inland  waterway  in  the 
Community (OJ L 235, 17.9.1996, p. 31). 
Directive (EU) 2016/1629 of the European Parliament and of the Council of 14 September 2016 laying 
down  technical  requirements  for  inland  waterway  vessels,  amending  Directive  2009/100/EC  and 
repealing Directive 2006/87/EC (OJ L 252, 16.9.2016, p. 118). 
Directive  2006/87/EC  of  the  European  Parliament  and  of  the  Council  of  12  December  2006  laying 
down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC 
(OJ L 389, 30.12.2006, p. 1). 

EN 

14 

  EN 

                                                 
documents falling within the scope of Article 28 of Directive (EU) 2016/1629, which 
would otherwise expire between 1 March 2020 and 31 August 2020. 

(17)  Regulation  (EC)  No  725/2004  of  the  European  Parliament  and  of  the  Council36  lays 
down  rules  on  ship  and port  facility  security.  Directive  2005/65/EC  of  the  European 
Parliament  and  of  the  Council37  lays  down  measures  to  enhance  port  security  in  the 
face  of  threats  of  security  incidents.  It  also  ensures  that  security  measures  taken 
pursuant  to  Regulation  (EC)  No  725/2004  benefit  from  enhanced  port  security. 
Maritime  security  inspections  and  surveys  by  Member  State  authorities,  which  are 
necessary  to  renew  certain  documents  and  thus  respect  deadlines  set  by  Union 
maritime security legislation are made difficult by the ongoing health crisis. Therefore, 
it is necessary to extend the validity of certificates and the time limits for assessments 
and  plans  required  by  that  legislation  by  a  reasonable  amount  of  time  to  provide 
Member States and the shipping industry with a flexible and pragmatic approach, and 
to  keep  essential  supply  chains  open,  while  not  compromising  security.  Flexibility 
should also be granted for maritime security drills and exercises, which the legislation 
requires be carried out according to certain time frames. 

(18)  Since the objective of this Regulation, namely to extend the time limits laid down in 
Union  law  for  the  renewal  or  extension  of  certificates,  licences  or  authorisations, 
cannot be sufficiently achieved by the Member States but can rather, by reason of the 
scale and effects of the proposed action, be better achieved at Union level, the Union 
may  adopt  measures,  in  accordance  with  the  principle  of  subsidiarity  as  set  out  in 
Article  5  of  the  Treaty  on  European  Union.  In  accordance  with  the  principle  of 
proportionality, as set out in that Article, this Regulation does not go beyond what is 
necessary to achieve that objective.  

(19)  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. It is 
therefore appropriate to provide for an exception to the eight‐week period referred to 
in  Article  4  of  Protocol  No  1  on  the  role  of  national  Parliaments  in  the  European 
Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of 
the  European  Union  and  to  the  Treaty  establishing  the  European  Atomic  Energy 
Community.  

(20)  The unforeseeable and sudden outbreak of the COVID-19 pandemic and the relevant 
legislative procedures required for adoption of relevant measures, made it impossible 
to  adopt  such  measures  in  time.  For  that  reason,  the  provisions  of  this  Regulation 
should  also  cover  the  period  before  its  entry  into  force.  Given  the  nature  of  these 
provisions,  such  an  approach  should  not  result  in  violation  of  the  legitimate 
expectations of the persons concerned. 

(21)  This Regulation should enter into force as a matter of urgency on the date following 

that of its publication in the Official Journal of the European Union, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

36 

37 

Regulation  (EC)  No  725/2004  of  the  European  Parliament  and  of  the  Council  of  31  March  2004  on 
enhancing ship and port facility security (OJ L 129, 29.4.2004, p. 6). 
Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing 
port security (OJ L 310, 25.11.2005, p. 28).  

EN 

15 

  EN 

                                                 
Subject matter 

This  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. 

(1) 

(2) 

(3) 

(4) 

(5) 

Article 2 

Extension of time limits provided for in Directive 2003/59/EC 

Notwithstanding Article 8(2) and (3) of Directive 2003/59/EC, the time limits for the 
completion  of  periodic  training  which,  in  accordance  with  those  provisions,  would 
expire  between  1  March  2020  and  31  August  2020  (the  reference  period)  shall  be 
deemed  to  be  extended  for  a  period  of  six  months  in  each  case.  Certificates  of 
Professional Competence shall remain valid accordingly. 

The validity of the marking of harmonised Union code ‘95’ provided for in Annex I 
to  Directive  2006/126/EC,  made  by  the  competent  authorities  either  on  the  driving 
licence  or  on  the  driver  qualification  card  referred  to  in  Article  10(1)  of  Directive 
2003/59/EC on the basis of the Certificates of Professional Competence referred to in 
paragraph 1, shall be deemed to be extended for a period of six months from the date 
indicated on each such driving licence or card. 

The  validity  of  driver  qualification  cards  referred  to  in  Annex  II  to  Directive 
2003/59/EC,  which  would  expire  between  1  March  2020  and  31  August  2020  (the 
reference period), shall be deemed to be extended for a period of six months from the 
administrative expiry date indicated on each such card. 

Where  a  Member  State considers  that  the  completion  of  periodic  training  or 
certification thereof, the marking of the harmonised Union code ‘95’, or the renewal 
of  driver  qualification  cards  is  likely  to  remain  impracticable  beyond  31  August 
2020, due to measures it has taken to prevent or contain the spread of COVID-19, it 
may  submit  a  reasoned  request  for  an  authorisation  to  apply  an  extension  of  the 
periods specified in paragraphs 1, 2 and 3, as appropriate. That request may concern 
the reference periods or the six month periods, or both.  It shall be submitted to the 
Commission by 15 July 2020 at the latest. 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  4,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods specified in paragraphs 1, 2 and 3 respectively, as justified in each case. The 
extension shall be limited so as to reflect the period during which completion of the 
periodic  training  in  question  or  the  certification  thereof,  the  marking  of  the 
harmonised Union code  ‘95’or the  renewal  of driver qualification  cards is likely to 
remain impracticable. 

The Commission shall publish its decision in the Official Journal. 

Article 3 

Extension of time limits provided for in Directive 2006/126/EC  

(1) 

Notwithstanding Article 7 and point 3 (d) of Annex I to Directive 2006/126/EC, the 
validity of driving licences which, in accordance with those provisions, would expire 
between 1 March 2020 and 31 August 2020 (the reference period) shall be deemed to 

EN 

16 

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(2) 

(3) 

be extended for a period of six months from the date referred to in each such driving 
licence.  

Where  a  Member  State considers  that  the  renewal  of  driving  licences  is  likely  to 
remain  impracticable  beyond  31  August  2020,  due  to  measures  it  has  taken  to 
prevent or contain the spread of COVID-19, it may submit a reasoned request for an 
authorisation  to  apply  an  extension  of  the  periods  specified  in  paragraph  1,  as 
appropriate. That request may concern the reference period or the six month period, 
or both. It shall be submitted to the Commission by 15 July 2020 at the latest. 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  2,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraph  1,  as  justified  in  each  case.  The  extension  shall  be 
limited  so  as  to  reflect  the  period  during  which  the  renewal  of  driving  licences  is 
likely to remain impracticable.  

The Commission shall publish its decision in the Official Journal. 

Article 4 

(1) 

(2) 

(3) 

(4) 

Extension of time limits provided for in Regulation (EU) No 165/2014 

Notwithstanding Article 23 of Regulation (EU) No 165/2014, the regular inspections 
provided  for  in  paragraph  1  of  that  Article  that  had  to  be  carried  out  between  1 
March 2020 and 31 August 2020 (the reference period) shall be carried out no later 
than six months following the date on which they had to be carried out according to 
that Article. 

Notwithstanding Article 28 of Regulation (EU) No 165/2014, where a driver applies 
for  the  renewal  of  a  drivers  card  in  accordance  with  paragraph  1  of  that  Article 
between  1  March  2020  and  31  August  2020  (the  reference  period),  the  competent 
authorities  shall  supply  a  new  card  no  later  than  2  months  following  the  request. 
Until the driver receives a new card from the card issuing authorities, Article 35(2) of 
that Regulation shall apply to the driver mutatis mutandis. 

Notwithstanding  Article  29(4)  of  Regulation  (EU)  No  165/2014,  where  a  driver 
applies for the replacement of a drivers card in accordance with paragraph 4 of that 
Article  between  1  March  2020  and  31  August  2020  (the  reference  period),  the 
competent  authorities  shall  supply  a  replacement  card  no  later  than  2  months 
following  the  request.  Notwithstanding  Article  29(5)  of  Regulation  (EU)  No 
165/2014, the driver may continue to drive until a new card is received from the card 
issuing authorities provided that the driver can prove that the card was returned to the 
competent  authority  when  the  card  was  damaged  or  malfunctioning  and  that  its 
replacement was requested. 

Where a Member State considers that, the regular inspections, the renewal of drivers 
cards or the replacement of drivers cards are  likely to remain impracticable beyond 
31  August  2020,  due  to  measures  it  has  taken,  intended  to  prevent  or  contain  the 
spread of COVID-19, it may submit a reasoned request for an authorisation to apply 
an  extension  of  the  periods  specified  in  paragraphs  1,  2  and  3  as  appropriate.  That 
request  may  concern  the  reference  periods,  or  the  deadlines,  or  both.  It  shall  be 
submitted to the Commission by 15 July 2020 at the latest. 

(5) 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  4,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 

EN 

17 

  EN 

decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods specified in paragraphs 1, 2 and 3 respectively, as justified in each case. The 
extension  shall  be  limited  so  as  to  reflect  the  period  during  which  the  regular 
inspections, the renewal of drivers card or the replacement of drivers cards are likely 
to remain impracticable.  

The Commission shall publish its decision in the Official Journal. 

Article 5 

(1) 

(2) 

(3) 

(4) 

Extension of time limits provided for in Directive 2014/45/EU  

Notwithstanding  Article  5(1),  in  combination  with  Article  10(1)  and  point  8  of 
Annex  II  of  Directive  2014/45/EU,  the  time  limits  for  the  roadworthiness  tests, 
which in  accordance  with  those provisions would have to  be carried out  between 1 
March  2020  and  31  August  2020  (the  reference  period)  shall  be  deemed  to  be 
extended for a period of six months.  

Notwithstanding  Article  8  in  combination  with  point  8  of  Annex  II  of  Directive 
2014/45/EU, the validity of roadworthiness certificates with a date of expiry between 
1  March  2020  and  31  August  2020  (the  reference  period)  shall  be  deemed  to  be 
extended for a period of six months. 

Where a Member State considers that the performance of roadworthiness tests or the 
certification thereof is likely to remain impracticable beyond 31 August 2020, due to 
measures it has taken, intended to prevent or contain the spread of COVID-19, it may 
submit a reasoned request  for an authorisation  to apply  an extension of the periods 
specified in paragraphs 1 and 2. That request may concern the reference periods, or 
the deadlines, or both. It shall be submitted to the Commission by 15 July 2020 at the 
latest. 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  3,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraphs  1  and  2  respectively,  as  justified  in  each  case.  The 
extension shall be limited so as to reflect the period during which the performance of 
roadworthiness tests or the certification thereof is likely remain impracticable. 

The Commission shall publish its decision in the Official Journal. 

Article 6 

Extension of time limits provided for in Regulation (EC) No 1071/2009 

Notwithstanding  Article  13(1)(c)  of  Regulation  (EC)  No  1071/2009,  where  assessments 
carried out out from 1 March 2020 until 31 December 2020 show that an undertaking does not 
satisfy  the  requirement  relating  to  financial  standing  laid  down  in  Article  3(1)(c)  of  that 
Regulation, the time limit set by a competent authority during that period for the purposes of 
Article 13(1)(c) of that Regulation shall not exceed twelve months. 

Article 7 

Extension of time limits provided for in Regulation (EC) No 1072/2009 

(1) 

Notwithstanding  Article  4(2)  of  Regulation  (EC)  No  1072/2009,  the  validity  of  the 
Community licences which, in accordance with that provision, would expire between 
1  March  2020  and  31  August  2020  (the  reference  period)  shall  be  deemed  to  be 
extended for a period of six months. 

EN 

18 

  EN 

(2) 

(3) 

(4) 

Notwithstanding  Article  5(7)  of  Regulation  (EC)  No  1072/2009,  the  validity  of  the 
driver attestations which, in accordance with that provision, would expire between 1 
March  2020  and  31  August  2020  (the  reference  period)  shall  be  deemed  to  be 
extended for a period of six months. 

Community  licences  or  of 
Where a Member State considers that the renewal of 
driver attestations is likely to  remain impracticable beyond the deadline established 
in paragraphs 1 and 2, due to measures it has taken, intended to prevent or contain 
the  spread  of  COVID-19,  it  may  submit  a  reasoned  request  for  an  authorisation  to 
apply an extension of the periods specified in those paragraphs, as appropriate. That 
request may concern the reference periods, or the six month periods, or both. It shall 
be submitted to the Commission by 15 July 2020 at the latest. 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  3,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraphs  1  and  2  respectively,  as  justified  in  each  case.  The 
extension  shall  be  limited  so  as  to  reflect  the  period  during  which  the  renewal  of 
Community licences or of driver attestations is likely to remain impracticable.  

The Commission shall publish its decision in the Official Journal.  

Article 8 

(1) 

(2) 

(3) 

(4) 

Extension of time limits provided for in Regulation (EC) No 1073/2009 

Notwithstanding  Article  4(4)  of  Regulation  (EC)  No  1073/2009,  the  validity  of  the 
Community licences which, in accordance with that provision, would expire between 
1  March  2020  and  31  August  2020  (the  reference  period)  shall  be  deemed  to  be 
extended for a period of six months. 

Notwithstanding  Article  8(3)  of  Regulation  (EC)  No  1073/2009,  decisions  on 
applications submitted by carriers between 12 December 2019 and 31 August 2020 
(the reference period) shall be taken by the authorising authority within six months of 
the  date  of  the  submission  of  the  application.  Notwithstanding  Article  8(2)  of 
Regulation  (EC)  No  1073/2009,  the  competent  authorities  of  the  Member  States 
whose  agreement  has  been  requested  in  respect  of  such  application  in  accordance 
with paragraph 1 of that Article shall notify the authorising authority of their decision 
on the application within three months. 

Where  a  Member  State  finds  that  the  renewal  of  Community  licences  is  likely  to 
remain impracticable beyond 31 August 2020, due to measures it has taken, intended 
to prevent or contain the spread of COVID-19, it may submit a reasoned request for 
an authorisation to apply an extension of the periods specified in that paragraph. That 
request may concern the reference period or the six month period, or both. It shall be 
submitted to the Commission by 15 July 2020 at the latest. 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  3,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraph  1,  as  justified  in  each  case.  The  extension  shall  be 
limited so as to reflect the period during which the renewal of Community licences is 
likely to remain impracticable. 

The Commission shall publish its decision in the Official Journal. 

EN 

19 

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(1) 

(2) 

(3) 

(4) 

Article 9 

Extension of time limits provided for in Directive (EU) 2016/798 

Notwithstanding  Article  10(13)  of  Directive  (EU)  2016/798,  the  time  limits  for 
renewal of single safety certificates which, in accordance with that provision, would 
expire  between  1  March  2020  and  31  August  2020  (the  reference  period)  shall  be 
deemed  to  be  extended  for  a  period  of  six  months.  The  single  safety  certificates 
concerned shall remain valid accordingly. 

Notwithstanding  Article  12(2)  of  Directive  (EU)  2016/798,  the  validity  of  safety 
authorisations  which,  in  accordance  with  that  provision,  would  expire  between  1 
March  2020  and  31  August  2020  (the  reference  period)  shall  be  deemed  to  be 
extended by a period of six months. 

Where a Member State considers that the renewal of single safety certificates issued 
in accordance with Article 10(8) of Directive (EU) 2016/798 or the extension of the 
period of validity of safety authorisations is likely to remain impracticable beyond 31 
August 2020 due to measures it has taken, intended to prevent or contain the spread 
of  COVID-19,  it  may  submit  a  reasoned  request  for  an  authorisation  to  apply  an 
extension of the periods specified in paragraphs 1 and 2, as appropriate. That request 
may  concern  the  reference  periods  or  the  six  month  periods,  or  both.  It  shall  be 
submitted to the Commission by 15 July 2020 at the latest. 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  3,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraphs  1  and  2  respectively,  as  justified  in  each  case.  The 
extension  shall  be  limited  so  as  to  reflect  the  period  during  which  the  renewal  of 
single  safety  certificates  or  the  extension  of  the  period  of  validity  of  safety 
authorisations is likely to remain impracticable. 

The Commission shall publish its decision in the Official Journal. 

Article 10 

(1) 

(2) 

(3) 

Extension of time limits provided for in Directive (EU) 2004/49/EC 

Notwithstanding Article 10(5) of Directive 2004/49/EC, the  time limits for renewal 
of safety certificates which, in accordance with that provision, would expire between 
1  March  2020  and  31  August  2020  (the  reference  period)  shall  be  deemed  to  be 
extended for a period of six months. The safety  certificates concerned shall remain 
valid accordingly. 

Notwithstanding Article 11(2) of Directive 2004/49/EC, the time limits for renewal 
of  safety  authorisations  which,  in  accordance  with  that  provision,  would  expire 
between 1 March 2020 and 31 August 2020 (the reference period) shall be deemed to 
be  extended  for  a  period  of  six  months.  The  safety  authorisations  concerned  shall 
remain valid accordingly. 

Where a Member State considers that the renewal of safety certificates or of safety 
authorisations  is  likely  to  remain  impracticable  beyond  31  August  2020,  due  to 
measures it has taken, intended to prevent or contain the spread of COVID-19, it may 
submit a reasoned request  for an authorisation  to apply  an extension of the periods 
specified  in  paragraphs  1  and  2,  as  appropriate.  That  request  may  concern  the 
reference  periods,  or  the  six  month  periods,  or  both.  It  shall  be  submitted  to  the 
Commission by 15 July 2020 at the latest. 

EN 

20 

  EN 

(4) 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  3,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods specified in  paragraphs 1 and 2, respectively, as justified in  each case. The 
extension  shall  be  limited  so  as  to  reflect  the  period  during  which  the  renewal  of 
safety certificates or of safety authorisations is likely to remain impracticable. 

The Commission shall publish its decision in the Official Journal. 

(1) 

(2) 

(3) 

(4) 

Article 11 

Extension of time limits provided for in Directive 2007/59/EC 

Notwithstanding  Article  14(5)  of  Directive  2007/59/EC,  the  validity  of  licences 
expiring between 1 March 2020 and 31 August 2020 (the reference period) shall be 
deemed  to  be  extended  by  a  period  of  six  months  from  the  date  of  expiry  of  each 
such licence. 

Notwithstanding  Article  16  and  Annexes  II  and  VII  to  Directive  2007/59/EC,  the 
time limits for the completion of the periodic checks which, in accordance with those 
provisions, would expire between 1 March 2020 and 31 August 2020 (the reference 
period) shall be deemed to be extended for a period of six months in each case. The 
licences  referred  to  in  Article  14  and  the  certificates  referred  to  in  Article  15  of 
Directive 2007/59/EC shall remain valid accordingly. 

Where  a  Member  State  considers  that  the  renewal  of  licences  or  the  completion  of 
periodic  checks  is  likely  to  remain  impracticable  beyond  31  August  2020,  due  to 
measures it has taken, intended to prevent or contain the spread of COVID-19, it may 
submit a reasoned request for an authorisation, to apply an extension of the periods 
specified  in  paragraphs  1  and  2,  as  appropriate.  That  request  may  concern  the 
reference  periods  or  the  six  month  periods,  or  both.  It  shall  be  submitted  to  the 
Commission by 15 July 2020 at the latest. 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  3,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraphs  1  and  2  respectively,  as  justified  in  each  case.  The 
extension  shall  be  limited  so  as  to  reflect  the  period  during  which  the  renewal  of 
licences or the completion of periodic checks is likely to remain impracticable. 

The Commission shall publish its decision in the Official Journal. 

Article 12 

Extension of time limits provided for in Directive 2012/34/EU 

(1) 

(2) 

Notwithstanding  Article  24(3)  of  Directive  2012/34/EU,  validity  of  temporary 
licences  which,  in  accordance  with  that  provision,  would  expire  between  1  March 
2020 and 31 August 2020 (the reference period) shall be deemed to be extended by a 
period  of  six  months  from  the  date  of  end  of  validity  indicated  on  each  temporary 
licence.  

Notwithstanding Article 25(2) of Directive 2012/34/EU, the licensing authority shall 
take  a  decision  in  respect  of  applications  submitted  from  12  January  2020  to  31 
August  2020  not  later  than  nine  months  after  all  relevant  information,  notably  the 
particulars referred to in Annex III, has been submitted. 

EN 

21 

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(3) 

(4) 

Where a Member State considers that the termination of the suspension of licences or 
the  issuance  of  new  licences,  following  a  previous  revocation,  is  likely  to  remain 
impracticable  beyond  31  August  2020,  due  to  measures  that  a  Member  State  has 
taken,  intended  to  prevent  or  contain  the  spread  of  COVID-19,  it  may  submit  a 
reasoned request for an authorisation to apply an extension of the periods specified in 
paragraph 1. That request may concern the reference period, or the six month period, 
or both. It shall be submitted to the Commission by 15 July 2020 at the latest.  

Where,  upon  a  request  submitted  in  accordance  with  paragraph  3,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraph  1,  as  justified  in  each  case.  The  extension  shall  be 
limited so as to reflect the period during which the termination of the suspension of 
licences or the issuance of new licences, following a previous revocation, is likely to 
remain impracticable. 

The Commission shall publish its decision in the Official Journal. 

Article 13 

Treatment of licences of railway undertakings under Directive 2012/34/EU in the event 
of lack of financial fitness  

Notwithstanding  Article  24(1)  of  Directive  2012/34/EU,  where  a  licensing  authority  is 
satisfied, in the period from 1 March 2020 until 31 August 2020, that a railway undertaking 
can no longer meet  the requirements relating to  financial fitness  referred  to  in  Article 20 of 
that Directive, it may, during that period, decide not to suspend or revoke the licence of the 
railway undertaking provided that safety is not at risk, and that there is a realistic prospect of a 
satisfactory  financial  reconstruction  within  the  following  six  months.  It  shall  review  the 
performance  of  the  railway  undertaking  concerned  at  the  end  of  the  six  month  period  and 
decide whether the licence shall be suspended or revoked under Article 24(1) and whether a 
temporary licence should be granted on the basis of Article 24(3) of that Directive. 

Article 14 

(1) 

(2) 

(3) 

Extension of time limits provided for in Directive 96/50/EC 

Notwithstanding Article  6(2) of  Directive 96/50/EC,  the time limits  for undergoing 
medical  examinations  which,  in  accordance  with  that  provision,  would  expire 
between 1 March 2020 and 31 August 2020 (the reference period) shall be deemed to 
be  extended  for  a  period  of  six  months.  The  boatmasters’  certificates  shall  remain 
valid accordingly. 

Where  a  Member  State  considers  that  the  completion  of  medical  examinations  is 
likely to remain impracticable beyond 31 August 2020 due to measures it has taken, 
intended  to  prevent  or  contain  the  spread  of  COVID-19,  it  may  submit  a  reasoned 
request  for  an  authorisation  to  apply  an  extension  of  the  periods  specified  in 
paragraph 1, as appropriate. That request may concern the reference period or the six 
month period, or both.  It shall be submitted to  the Commission  by 15 July  2020 at 
the latest.  

Where,  upon  a  request  submitted  in  accordance  with  paragraph  2,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraph  1,  as  justified  in  each  case.  The  extension  shall  be 

EN 

22 

  EN 

limited  so  as  to  reflect  the  period  during  which  the  completion  of  medical 
examinations is likely to remain impracticable.  

The Commission shall publish its decision in the Official Journal. 

Article 15 

Extension of time limits provided for in Directive (EU) 2016/1629 

Notwithstanding  Article  10  of  Directive  (EU)  2016/1629,  the  validity  of  Union 
inland navigation certificates, which, in accordance with that provision, would expire 
between 1 March 2020 and 31 August 2020 (the reference period), shall be deemed 
to be extended by a period of six months. 

Notwithstanding Article 28 of Directive (EU) 2016/1629, the validity of documents 
falling within the scope of that Directive and issued by the competent authorities of 
the  Member  States  under  Directive  2006/87/EC  before  6  October  2018,  which,  in 
accordance with that provision, would expire between 1 March 2020 and 31 August 
2020  (the  reference  period),  shall  be  deemed  to  be  extended  by  a  period  of  six 
months. 

Where  a  Member  State  considers  that  the  renewal  of  Union  inland  certificates  is 
likely to remain impracticable beyond 31 August 2020, due to measures it has taken, 
intended  to  prevent  or  contain  the  spread  of  COVID-19,  it  may  submit  a  reasoned 
request  for  an  authorisation  to  apply  an  extension  of  the  periods  specified  in 
paragraphs 1 and 2, as appropriate. That request may concern the reference periods, 
or the six month periods, or both. It shall be submitted to the Commission by 15 July 
2020 at the latest. 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  3,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraphs  1  and  2  respectively,  as  justified  in  each  case.  The 
extension  shall  be  limited  so  as  to  reflect  the  period  during  which  the  renewal  of 
Union inland navigation certificates is likely to remain impracticable. 

(1) 

(2) 

(3) 

(4) 

The Commission shall publish its decision in the Official Journal. 

Article 16 

(1) 

(2) 

(3) 

Extension of time limits provided for in Regulation (EC) No 725/2004 

Notwithstanding  Article  3(6)  of  Regulation  (EC)  No  725/2004,  the  time  limits  for 
carrying  out  port  facility  security  assessments  which,  in  accordance  with  that 
provision  would  expire  between  1  March  2020  and  31  August  2020  (the  reference 
period) shall be deemed to be extended until 30 November 2020. 

By way of derogation from Section 13.6 of Annex III, Part B to Regulation (EC) No 
725/2004, if drills cannot be conducted within the intervals specified therein in 2020, 
they should be conducted at least twice during that year with a maximum interval of 
six months between them. 

Notwithstanding Sections 13.7 and 18.6 of Annex III, Part B to Regulation (EC) No 
725/2004  the  18  month  time  limits  for  the  carrying  out  of  the  various  types  of 
exercises which, in accordance with those provisions, would expire between 1 March 
2020 and 31 August 2020 (the reference period) shall be deemed to be extended by 
six months in each case but in no case beyond 31 December 2020. 

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(4) 

(5) 

For the purposes of the requirement set out in Sections 13.7 and 18.6 of Annex III, 
Part  B  to  Regulation  (EC)  No  725/2004,  according  to  which  the  various  types  of 
exercises  are  to  be  carried  out  each  calendar  year,  exercises  carried  out  in  2021 
during  the  period  covered  by  an  authorisation  pursuant  to  paragraph  5,  shall  be 
deemed to have been carried out in 2020. Where a Member State considers that the 
carrying out of port facility security assessments or of the various types of exercises 
referred  to  in  Annex  III,  Part  B,  Sections  13.7  and  18.6  of  Regulation  (EC)  No 
725/2004, is likely to remain impracticable, due to measures it has taken, intended to 
prevent or contain the spread of COVID-19, it may submit a reasoned request for an 
authorisation to apply an extension of the periods specified in paragraphs 1 and 3, as 
appropriate. That request may concern the reference periods, the deadline or the six 
month periods, or any combination of those. It shall be submitted to the Commission 
by 15 July 2020 at the latest. 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  4,  the  Commission 
finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 
periods  specified  in  paragraphs  1  and  3  respectively,  as  justified  in  each  case.  The 
extension shall be limited so as to reflect the period during which the carrying out of 
port  facility  security  assessments  or  of  the  various  types  of  exercises  is  likely  to 
remain impracticable.  

The Commission shall publish its decision in the Official Journal.  

Article 17 

(1) 

(2) 

(3) 

(4) 

Extension of time limits provided for in Directive 2005/65/EC 

Notwithstanding  Article  10  of  Directive  2005/65/EC,  time  limits  for  the  review  of 
port  security  assessments  and  port  security  plans  which,  in  accordance  with  that 
provision, would expire between 1 March 2020  and 31 August  2020 (the reference 
period)  shall  be  deemed  to  be  extended  by  six  months  in  each  case  but  in  no  case 
beyond 30 November 2020.  

Notwithstanding Article 7(7) and Annex III of Directive 2005/65, the 18 months time 
limits  for  the  completion  of  training  which,  in  accordance  with  that  Annex,  would 
expire  between  1  March  2020  and  31  August  2020  (the  reference  period)  shall  be 
deemed  to  be  extended  by  six  months  in  each  case  but  in  no  case  beyond  30 
November 2020.  

For  the  purposes  of  the  requirement  set  out  in  Annex  III  to  Directive  2005/65/EC, 
according  to  which  training  exercises  are  to  be  carried  out  each  calendar  year, 
exercises carried out in 2021 during the period covered by an authorisation pursuant 
to paragraph 4, shall be deemed have been carried out in 2020. 

Where a Member State considers that the completion of the review of port security 
assessments  or  port  security  plans  or  the  completion  of  training  is  likely  to  remain 
impracticable, due to measures it has taken, intended to prevent or contain the spread 
of  COVID-19,  it  may  submit  a  reasoned  request  for  an  authorisation  to  apply  an 
extension of the periods specified in paragraphs 1 and 2 as appropriate. That request 
may  concern  the  reference  periods,  or  the  six  month  periods,  or  both.  It  shall  be 
submitted to the Commission by 15 July 2020 at the latest. 

(5) 

Where,  upon  a  request  submitted  in  accordance  with  paragraph  3,  the  Commission 
finds  that  the  requirements  laid  down  in  that  paragraph  are  met,  it  shall  adopt  a 
decision  authorising  the  Member  State  concerned  to  apply  an  extension  of  the 

EN 

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periods  specified  in  paragraphs  1  or  2  respectively,  as  justified  in  each  case.  The 
extension shall be limited so as to reflect the period during which the completion of 
the  review  of  port  security  assessments  or  port  security  plans  or  the  completion  of 
training is likely to remain impracticable. 

The Commission shall publish its decision in the Official Journal. 

Article 18 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  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, 

For the European Parliament 
The President 

For the Council 
The President 

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