Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation, for reference periods subsequent to those referred to in Regulation (EU) 2020/698
Date: 2021-01-18
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: coronavirus disease, epidemic, inland waterway transport, maritime safety, professional qualifications, rail transport, road transport, traffic regulations, transport regulations, vocational training

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   EUROPEAN COMMISSION  Brussels, 18.1.2021  COM(2021) 25 final 2021/0012 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation, for reference periods subsequent to those referred to in Regulation (EU) 2020/698 (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  objective  of  the  Regulation  hereby  proposed  is  to  lay  down  additional  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  ongoing 
COVID-19 pandemic, in the area of road, rail and inland waterways transport and maritime 
security, to those established in Regulation (EU) 2020/6981.  

The  COVID-19  outbreak  and  the  associated  public  health  crisis  presents  an  unprecedented 
challenge to the Member States and a heavy burden for national authorities, EU citizens, and 
economic  operators,  in  particular  in  the  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 relevant 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  deal  with  relevant 
requests introduced by the transport operators before the expiry of the applicable deadlines.  

For this reason, the provisions of Regulation (EU) 2020/698 extended the period of validity of 
certain  certificates,  licences  and  authorisations  and  postponed  the  carrying  out  of  certain 
periodic checks and periodic training that, pursuant to the Union legislation concerned, should 
have  taken  place  within  the  period  between  1  March  2020  (or  1  February  2020  in  certain 
cases) and 31 August 2020, for a period of 6 months (or of 7 months in certain cases). 

In addition, certain Member States considered that the renewal of certain certificates, licences 
and  authorisations  and  the  completion  of  certain  periodic  training  or  periodic  checks  were 
likely to remain impracticable beyond 31 August 2020, due to measures that they had taken to 
prevent  or  contain  the  spread  of  COVID‐ 19.  Therefore,  pursuant  to  the  provisions  of 
Regulation  (EU)  2020/698,  they  submitted  reasoned  requests  to  the  Commission  for  an 
authorisation  to  apply  further  individual  extensions  of  any  of  those  periods  or  of  both.  The 
Commission adopted six decisions authorising such extensions2.  

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Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down 
specific  and  temporary  measures  in  view  of  the  COVID‐ 19  outbreak  concerning  the  renewal  or 
extension  of  certain  certificates,  licences  and  authorisations  and  the  postponement  of  certain  periodic 
checks and periodic training in certain areas of transport legislation, OJ L 165, 27.5.2020, p. 10. 
Commission  Decision  (EU)  2020/1236  of  25  August  2020  authorising  the  Netherlands  to  apply  an 
extension of certain periods specified in Articles 2 and 3 of Regulation (EU) 2020/698 of the European 
Parliament and of the Council, OJ L 282, 31.8.2020, p. 19; Commission Decision (EU) 2020/1235 of 26 
August  2020  authorising  Greece  to  apply  an  extension  of  certain  periods  specified  in  Article  4  of 
Regulation (EU) 2020/698 of the European Parliament and of the Council, OJ L 282, 31.8.2020, p. 17; 

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The  COVID‐ 19  outbreak  had  affected  the  whole  Union  but  has  not  done  so  in  a  uniform 
manner. Member States have been affected to different degrees and at different times. Given 
that the derogations from the legal acts that would normally apply should be limited to what is 
necessary, Regulation (EU) 2020/698 authorised the Member States to continue to apply those 
legal acts without applying the derogations provided for in that Regulation where application 
of  those  legal  acts  had  remained  practicable  (opt  out).  In  such  a  case,  the  Member  States 
concerned were entitled not to apply the derogations concerning certain legal acts3, after first 
informing the Commission4. 

In  its  Communication  Green  Lanes  II5,  the  Commission  considered  that  all  flexibility 
provisions included in Regulation (EU) 2020/698 have proven to be necessary and useful. In 
addition,  in  the  light  of  the  resurgence  of  COVID-19,  the  Commission  announced  its 
favourable position to propose an update of the regime, in a manner that enables all Member 
States  to  benefit  from  any  necessary derogations, including those that have made use of the 
possibilities to  opt out from  that Regulation.  However, the Commission considered that any 
legislative measures of the kind are of an ad hoc nature, i.e. must be conceived for a specific 
period with effects limited in time. 

Despite of certain improvements of the situation provoked by the COVID-19 outbreak during 
the summer of 2020, the persistence and, in certain cases, the aggravation of the effects of the 
COVID-19  during  the  autumn  of  2020  has  obliged  the  Member  States  to  maintain  and,  in 
certain cases, reinforce the measures taken to prevent the spread of the pandemic.  

Due  to  those  measures,  it  remains  difficult  for  transport  operators  and  other  persons 
concerned to complete the necessary formalities or procedures or other steps required under 
Union law for the renewal or extension of certificates, licences or authorisations or with the 
completion of periodic checks or periodic training, in order to maintain their validity.  

For  the  same  reasons,  the  competent  authorities  of  the  Member  States  may  continue  to  be 
unable to comply with obligations established by Union law and to deal with relevant requests 
introduced by the transport operators within the applicable deadlines. 

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, as well as ensure 

Commission  Decision  (EU)  2020/1219  of  20  August  2020  authorising  Italy  to  apply  an  extension  of 
certain periods specified in Article 2 of Regulation (EU) 2020/698 of the European Parliament and of 
the  Council,  OJ  L  277,  26.8.2020,  p.  16;  Commission  Decision  (EU)  2020/1240  of  21  August  2020 
authorising  Bulgaria  to  apply  an  extension  of  a  period  specified  in  Article  3  of  Regulation  (EU) 
2020/698  of  the  European  Parliament  and  of  the  Council,  OJ  L  284,  1.9.2020,  p.  7;  Commission 
Decision  (EU)  2020/1282  of  31  August  2020  authorising  France  to  apply  an  extension  of  certain 
periods  specified  in  Articles  11,  16  and  17  of  Regulation  (EU)  2020/698  of  the  European  Parliament 
and  of  the  Council,  OJ  L  301,  15.9.2020,  p.  9;  Commission  Decision  (EU)  2020/1237  of  25  August 
2020 authorising the  United Kingdom to apply an extension of certain periods specified in  Articles 3 
and  11  of  Regulation  (EU)  2020/698  of  the  European  Parliament  and  of  the  Council,  OJ  L  282, 
31.8.2020, p. 22. 
Directive  2006/126/EC,  Regulation  (EU)  No  165/2014,  Directive  2014/45/EU,  Regulation  (EC)  No 
1072/2009, Regulation (EC) No 1073/2009 and Directive 2007/59/EC,  
The  relevant  notices  were  published  in  OJ  C  182I  of  2.6.2020,  OJ  C  183I  of  3.6.2020,  OJ  C  189  of 
5.6.2020, OJ C 190I of 8.6.2020, OJ C 193I of 9.6.2020 and OJ C 200I of 15.6.2020. 
Communication  from  the  Commission  to  the  European  Parliament  and  to  the  Council  upgrading  the 
transport  Green  Lanes  to  keep  the  economy  going  during  the  COVID-19  pandemic  resurgence,  Doc 
COM (2020) 685, 28.10.2020.  

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continuity  of  the  legal  regime,  it  is  necessary  to  now  lay  down  temporary  provisions 
extending  the  validity  of  those  certificates,  licences  or  authorisations  that  would  otherwise 
have  expired  or  would  otherwise  expire  between  1  September  2020  and  30  April  2021 
(hereinafter  referred  to  as  the  ‘reference  period’).  Those  documents  should  remain  valid 
during  a  reasonable  period  of  time  during  and  after  the  COVID-19  outbreak  (hereinafter 
referred to as the ‘extension period’).  

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, as in the context of Regulation (EU) 2020/698, 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  in  the  proposed  Regulation. 
Where,  upon  a  request  submitted  by  the  Member  State  concerned  in  such  case  by  1  April 
2021,  the  Commission  finds  that  the  circumstances  so  warrant,  the  Commission  should  be 
able to authorise the Member State concerned to apply an extension of the relevant period or 
periods.  Such  extension  should  be  limited  to  what  is  necessary  to  reflect  the  period  during 
which  the  completion  of  formalities,  procedures,  checks  and  training  is  likely  to  remain 
impracticable and, in any event, should not be longer than six months. 

As  stated  in  the  Green  Lanes  II  Communication,  the  act  establishing  the  derogations  for  an 
additional period beyond the reference period covered by Regulation  (EU) 2020/698  should 
also envisage the possibility for the Member States not to apply the derogations as set out in 
that  act,  where  application  of  the  provisions  applicable  outside  those  derogations,  had 
remained practicable.  

Therefore,  similarly  to  Regulation  (EU)  2020/698,  the  regulation  proposed  herewith  also 
includes the possibility to opt out where the Member States have not been, and are likely not 
to  be,  confronted  by  difficulties  that  render  the  renewal  of  licences,  certificates  and 
authorisation  or the postponement of the periodic checks and trainings impracticable during 
the  reference  period  as  a  consequence  of  the  extraordinary  circumstances  caused  by  the 
COVID‐ 19  outbreak,  or  where  they  have  taken  appropriate  national  measures  to  mitigate 
such difficulties. The Member State that has decided not to apply such derogations should not 
impede the cross‐ border activities of any economic operator or individual that has relied on 
such derogations that apply in another Member State. It is proposed to extend this possibility 
to  derogations  (corresponding  to  specific  legal  acts)  for  which  it  had  not  been  provided  in 
Regulation  (EU)  2020/698.  In  order  to  ensure  legal  certainty  the  Member  States  should 
inform  the  Commission  of  their  decisions  not  to  apply  the  derogations  provided  for  in  this 
Regulation before its substantive provisions become applicable. 

• 

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. 

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• 

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  continue  to 
pursue the objectives of Regulation (EU) 2020/698 to 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  therefore  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. As in the case of Regulation (EU) 2020/698 which has 
the  same  objectives  as  the  current  proposal,  this  legislative  act  should  take  the  form  of  a 
Regulation that is directly applicable and does not require transposition into national law.  

RESULTS 

3. 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

OF 

EVALUATIONS, 

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 extending the derogations included in Regulation  (EU) 2020/698.  In 
particular, the Commission has been in permanent contact with the competent authorities of 

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the  Member  States  and  have  regularly  analysed  the  application  of  the  provisions  of  that 
Regulation  and  has  learned  from  them  their  specific  situation  and  requests  to  extend  the 
derogations. 

• 

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. It remains 
uncertain how COVID-19 will develop. Subsequent waves of infections might occur and lead 
to new lockdowns. The specific situation in different Member States must also be taken into 
account. Therefore, the Commission should be empowered, following a request submitted by 
any Member State, to  authorise the application of additional time periods, similarly to  what 
was provided for in Regulation (EU) 2020/698. 

• 

– 

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/EEC6. 

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  persistence  of  the  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 

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OJ L 226, 10.9.2003, p. 4. 

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with.  It  is  therefore  necessary  to  extend  the  validity  of  the  certificates  of  professional 
competence (CPCs), and 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  during  the 
reference  period  between  1  September  2020  and  30  April  2021.  The  validity  of  these 
documents  should  be  deemed  to  be  extended  for  a  period  of  seven  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)7. 

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 persistence of the 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  during 
the reference period between 1 September 2020 and 30 April 2021 should  be deemed to  be 
extended for a period of seven 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 transport8.  

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 
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  persistence  of  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.  

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OJ L 403, 30.12.2006, p. 18. 
OJ L 60, 28.2.2014, p. 1. 

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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/EC9. 

the  harmonised  minimum  requirements  for  periodic 
Directive  2014/45/EU  defines 
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  persistence  of  the  COVID-19  outbreak,  these  activities  may  be  rendered 
impracticable. It is therefore necessary that roadworthiness tests due to be carried out during 
the reference period between 1 September 2020 and 30 April 2021 could be carried out at a 
later date, but not later than seven 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/EC10. 

Regulation  (EC)  No  1071/2009  lays  down  common  rules  concerning  the  conditions  to  be 
complied with in order 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 
requirements  regarding  the  vehicle  or  vehicles  to  be  kept  at  the  disposal  and  used  by  those 
undertakings, or the requirement of financial standing, 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 particular, it is anticipated that it will 
take  longer  than  usual  for  undertakings  to  demonstrate  that  the  requirements  regarding  the 
vehicle  or  vehicles  to  be  kept  at  their  disposal  and  used  by  them  or  the  requirement  of 
financial  standing  are  again  satisfied  on  a  permanent  basis.  It  is  therefore  appropriate  to 
extend the maximum time limits established for those purposes in Article 13(1), points (b) and 
(c),  of  Regulation  (EC)  No  1071/2009  from  six  to  twelve  months,  with  regard  to  the 
assessment of the requirements regarding the vehicle or vehicles to be kept at the disposal and 
used by the road transport undertakings concerned, as referred to in Article 5(b) and (c) of that 
Regulation,  and  of  the  requirement  regarding  the  financial  standing  of  those  undertakings, 
insofar  as  those  assessments  cover  all  or  part  of  the  reference  period  between  1  September 
2020  and  30  April  2021.  Where  failure  to  comply  with  any  of  the  those  requirements  has 
already been established and the time limit set by the competent authority has not yet expired, 
the competent authority should be able to extend that time limit to a total of 12 months. 

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

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– 

– 

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 market11. 

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 561/200612. 

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  persistence  of  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. 

– 

– 

11 
12 
13 

Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 
2016 on railway safety13. 

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 

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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allocation of railway infrastructure capacity and the levying of charges for the use of 
railway infrastructure and safety certification (Railway Safety Directive)14. 

Directive  2004/49/EC  and  Directive  (EU)  2016/798  regulate  safety  certification  and 
authorisation  in  the  Union.  Directive  2004/49/EC  has  been  repealed  by  Directive  (EU) 
2016/798 with effect from 31 October 2020. Until this date, it still applied 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  persistence  of  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 seven 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 Community15. 

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 persistence of 
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  seven  months’  period. 
Similarly,  train  drivers  should  be  granted  an  additional  seven  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 area16. 

In accordance with Article 23(2) of Directive 2012/34/EU, a licence remains valid as long as 
the  railway  undertaking  fulfils  the  obligations  laid  down  in  Chapter  III  of  that  Directive.  A 
licensing  authority  may  decide,  however,  to  carry  out  a  regular  review.  If  so,  the  review 

14 
15 
16 

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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should be carried out at least every five years. COVID-19 outbreak has created difficulties for 
licencing authorities to carry out these reviews. Therefore, for cases in  which the time limit 
for  the  review  period  would  expire  during  the  reference  period  between  1  September  2020 
and 30 April 2021, that time limit should be extended by seven months in each of the cases 
concerned. 

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 
undertaking,  provided  that  safety  is  not  jeopardised.  However,  the  maximum  period  of 
validity  of  a  temporary  licence  is  seven  months.  Due  to  the  extraordinary  circumstances 
caused by the persistence of 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  during  the  reference  period  from  1  September  2020  until  30  April  2021, 
should be prolonged by seven 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  seven  months  in  this  respect,  for 
applications submitted between 1 September 2020 and 30 April 2021.  

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 Community17. 

17 

OJ L 235, 17.9.1996, p. 31. 

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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  persistence  of  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 during the reference 
period between 1 September 2020 and 30 April 2021, that time limit should be extended by 
seven months in each of the cases concerned. 

– 

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/EC18. 

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/EEC19.  

The  measures  taken  in  view  of  the  persistence  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 seven 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 
September 2020 and 30 April 2021. 

– 

– 

Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 
March 2004 on enhancing ship and port facility security20. 

Directive 2005/65/EC of the European Parliament and of the Council of 26 October 
2005 on enhancing port security21. 

The  persistence  of  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 ports, port facilities and ships. This often means that it is impracticable to renew 
the  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  exercises, 

18 
19 
20 
21 

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. 

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which may also be difficult to carry out due to national measures taken to prevent or contain 
the spread of COVID‐ 19. 

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2021/0012 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down specific and temporary measures in view of the COVID-19 outbreak 
concerning the renewal or extension of certain certificates, licences and authorisations 
and the postponement of certain periodic checks and periodic training in certain areas 
of transport legislation, for reference periods subsequent to those referred to in 
Regulation (EU) 2020/698 

(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 Committee,  

Having regard to the opinion of the Committee of the Regions, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

The  persistence  of  the  COVID‐19  outbreak  and  the  associated  public  health  crisis 
represent  an  unprecedented  challenge  for  the  Member  States  and  impose  a  heavy 
burden  on  national  authorities,  Union  citizens,  and  economic  operators,  in  particular 
transport  operators.  The  public  health  crisis  has  created  extraordinary  circumstances 
that  affect  the  normal  activity  of  the  competent  authorities  in  the  Member  States,  as 
well as the work of transport undertakings as regards the administrative formalities to 
be  completed  in  different  transport  sectors,  and  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  in  order  to  comply  with  certain 
provisions of Union law relating to the renewal or extension of certificates, licences or 
authorisations or in order 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  obligations  established  by  Union  law  and  to  ensure  that  relevant 
requests introduced by the transport operators are dealt with before the expiry of the 
applicable deadlines.  

EN 

13 

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(3) 

(4) 

(5) 

Regulation (EU) 2020/698 of the European Parliament and of the Council1 laid down 
specific and temporary measures applicable to the renewal and extension of the period 
of validity of certain certificates, licences and authorisations and to the postponement 
of certain periodic checks and periodic training that, pursuant to the Union legislation 
referred  in  that  Regulation,  should  have  taken  place  within  the  reference  period 
between  either  1  March  2020  or,  in  certain  cases,  1  February  2020,  and  31  August 
2020.  In  accordance  with 
licences  and 
authorisations, as well as certain periodic checks and periodic training, were postponed 
for a period of 6 months or, in certain cases, of 7 months. 

those  certificates, 

that  Regulation, 

Certain Member States that by 1 August 2020 considered that the renewal of certain 
certificates, licences and authorisations and the completion of certain periodic training 
or periodic checks were likely to remain impracticable beyond 31 August 2020, due to 
measures that they had taken to prevent or contain the spread of COVID‐19, submitted 
reasoned  requests to  the Commission  for an authorisation to  apply further individual 
extensions. The Commission adopted six decisions authorising such extensions2.  

Despite  certain  improvements  of  the  situation  related  to  the  COVID-19  outbreak 
during the summer of 2020, the persistence and, in certain cases, the aggravation of the 
effects of the pandemic during the third quarter of 2020 has obliged the Member States 
to maintain and, in certain cases, reinforce the measures taken to prevent the spread of 
the disease. Those measures have as a consequence that transport operators and other 
persons  concerned  may  not  be  able  to  complete  the  necessary  formalities  or 
procedures  in  order  to  comply  with  certain  provisions  of  Union  law  relating  to  the 
renewal or extension of certificates, licences or authorisations or with the completion 
of periodic checks or periodic training, or in order to complete other steps necessary to 
maintain  their  validity,  as  was  the  case  during  the  spring  of  2020.  For  the  same 
reasons, the competent authorities of the Member States may be unable to comply with 
obligations  established  by  Union  law  and  to  ensure  that  relevant  requests  introduced 
by the transport operators are dealt with before the expiry of the applicable deadlines. 

(6) 

It is therefore necessary to adopt measures to overcome those problems and to ensure 
both legal certainty and the proper functioning of the legal acts concerned. Adaptations 
to that effect should be provided for, in particular in respect of certain time limits, with 

1 

2 

Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down 
specific  and  temporary  measures  in  view  of  the  COVID‐ 19  outbreak  concerning  the  renewal  or 
extension  of  certain  certificates,  licences  and  authorisations  and  the  postponement  of  certain  periodic 
checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, p. 10). 
Commission  Decision  (EU)  2020/1236  of  25  August  2020  authorising  the  Netherlands  to  apply  an 
extension of certain periods specified in Articles 2 and 3 of Regulation (EU) 2020/698 of the European 
Parliament and of the Council (OJ L 282, 31.8.2020, p. 19); Commission Decision (EU) 2020/1235 of 
26  August  2020  authorising  Greece  to  apply  an  extension  of  certain  periods  specified  in  Article  4  of 
Regulation (EU) 2020/698 of the European Parliament and of the Council (OJ L 282, 31.8.2020, p. 17); 
Commission  Decision  (EU)  2020/1219  of  20  August  2020  authorising  Italy  to  apply  an  extension  of 
certain periods specified in Article 2 of Regulation (EU) 2020/698 of the European Parliament and of 
the  Council  (OJ  L  277,  26.8.2020,  p.  16);  Commission  Decision  (EU)  2020/1240  of  21  August  2020 
authorising  Bulgaria  to  apply  an  extension  of  a  period  specified  in  Article  3  of  Regulation  (EU) 
2020/698  of  the  European  Parliament  and  of  the  Council  (OJ  L  284,  1.9.2020,  p.  7);  Commission 
Decision  (EU)  2020/1282  of  31  August  2020  authorising  France  to  apply  an  extension  of  certain 
periods  specified  in  Articles  11,  16  and  17  of  Regulation  (EU)  2020/698  of  the  European  Parliament 
and of the Council (OJ L 301, 15.9.2020, p. 9); Commission Decision (EU) 2020/1237 of 25 August 
2020 authorising the  United Kingdom to apply an extension of certain periods specified in  Articles 3 
and  11  of  Regulation  (EU)  2020/698  of  the  European  Parliament  and  of  the  Council  (OJ  L  282, 
31.8.2020, p. 22). 

EN 

14 

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(7) 

(8) 

(9) 

3 

4 

5 

6 

7 

the  possibility  for  the  Commission  to  authorise  extensions  on  the  basis  of  a  request 
submitted by any Member State.  
Directive 2003/59/EC of the European Parliament and of the Council3 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 (CPC) and must prove they have completed  the periodic 
training  by  holding  a  driving  licence  or  a  driver  qualification  card,  on  which  the 
periodic  training  is  registered.  Due  to  the  difficulties  for  the  holder  of  a  CPC  in 
completing the periodic training and in renewing the CPC certifying the completion of 
that periodic training as  a consequence of the extraordinary circumstances caused by 
the COVID‐19 outbreak, that persisted after 31 August 2020 in some Member States, 
it is necessary to extend the validity of that CPC for a period of seven months from its 
date of expiry, in order to ensure the continuity of road transport. 
Directive  2006/126/EC  of  the  European  Parliament  and  of  the  Council4  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,  that  persisted  after  31  August  2020  in  some  Member 
States, it is necessary to extend the validity of certain driving licences for a period of 
seven months from their date of expiry, in order to ensure the continuity of mobility by 
road.  
Regulation  (EU)  No  165/2014  of  the  European  Parliament  and  of  the  Council5  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  Council6 and  Directive  2002/15/EC  of  the  European 
Parliament  and  of  the  Council7,  is  essential  to  ensuring  fair  competition  and  road 
safety. Due to the need to ensure continuity in the provision of road transport services, 
despite  difficulties  in  performing  the  regular  inspections  of  tachographs  as  a 
consequence  of  the  extraordinary  circumstances  caused  by  the  persistence  of  the 

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 (Recast) (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 

15 

  EN 

                                                 
COVID‐19  outbreak,  inspections  referred  to  in  Article  23(1)  of  Regulation  (EU)  No 
165/2014,  which  should  have  been  carried  out  between  1  September  2020  and  30 
April 2021, should now be carried out no later than seven months following the date 
on which they were to have been carried out under 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 the granting to 
the competent authorities of the Member States of additional time for those purposes. 
In such cases, drivers should be put in a position, and should be obliged, to resort to 
viable  alternatives  for  recording  the  necessary  information  related  to  driving  time, 
working time and rest periods until they receive a new card. 

(10)  Directive 2014/45/EU of the European Parliament and of the Council8 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  tests  as  a  consequence  of  the  extraordinary 
circumstances caused by the COVID‐19 outbreak, that persisted after 31 August 2020 
in  some  Member  States,  the  periodic  roadworthiness  tests  which  were  to  have  been 
carried out between 1 September 2020 and 30 April 2021 should now be carried out at 
a  later  date,  but  not  later  than  seven  months  after  the  original  time  limit,  and  the 
certificates concerned should remain valid until that later date.  

(11)  Regulation  (EC)  No  1071/2009  of  the  European  Parliament  and  of  the  Council9 lays 
down common rules concerning the conditions to be complied with in order to pursue 
the occupation of road transport operator. The COVID‐19 outbreak and the associated 
public  health  crisis  that  persisted  after  31  August  2020  entail  that  some  transport 
undertakings no longer satisfy the requirements regarding the vehicle or vehicles to be 
kept  at  the  disposal  and  used  by  those  undertakings.  It  also  has  serious  financial 
repercussions  for  the  financial  sector  and  some  transport  undertakings  do  no  longer 
satisfy  the  requirement  of  financial  standing.  Given  the  reduced  level  of  activity 
resulting  from  the  public  health  crisis,  it  is  anticipated  that  it  will  take  longer  than 
usual  for  undertakings  to  demonstrate  that  the  requirements  regarding  the  vehicle  or 
vehicles to be kept at their disposal and used by them or the requirement of financial 
standing are again satisfied on a permanent basis. It is therefore appropriate to extend 
the  maximum  time  limits  established  for  those  purposes  in  Article  13(1),  points  (b) 
and (c), of Regulation (EC) No 1071/2009 from six to twelve months, with regard to 
the assessment of the requirements regarding the vehicle or vehicles to be kept at the 
disposal  and  used  by  the  road  transport  undertakings  concerned,  as  referred  to  in 
Article 5(b) and (c) of that Regulation, and of the requirement regarding the financial 
standing  of  those  undertakings,  insofar  as  those  assessments  cover  all  or  part  of  the 
period between 1 September 2020 and 30 April  2021. Where failure to  comply with 
any  of  those  requirements  has  already  been  established  and  the  time  limit  set  by  the 
competent  authority  has  not  yet  expired,  the  competent  authority  should  be  able  to 
extend that time limit to a total of twelve months. 

8 

9 

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). 

EN 

16 

  EN 

                                                 
(12)  Regulations  (EC)  No  1072/200910 and  (EC)  No  1073/200911 of  the  European 
Parliament and of the Council lay down common rules for access to the international 
road  haulage  market  and  for  access  to  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 who are nationals of third countries and 
who  conduct  freight  transport  operations,  to  a  driver  attestation.  The  provision  of 
regular  services  by  bus  and  coach  is  also  conditional  upon  authorisation.  Those 
licences,  attestations  and  authorisations  may  be  renewed  after  verification  that  the 
relevant  conditions  are  still  being  complied  with.  Due  to  difficulties  in  renewing  the 
licences and attestations  as a consequence of the  extraordinary  circumstances caused 
by the persistence of the COVID‐19 outbreak after 31 August 2020, it is necessary to 
extend their validity by seven months from their date of expiry, in order to ensure the 
continuity of road transport. 

(13)  Directive (EU) 2016/798 of the European Parliament and of the Council12 lays down 
rules  on  railway  safety.  Given  the  confinement  measures,  combined  with  the 
additional  workload  involved  in  containing  the  COVID‐19  outbreak  that  persisted 
after  31  August  2020,  national  authorities,  railway  undertakings  and  infrastructure 
managers  are  facing  difficulties  in  connection  with  the  renewal  of  single  safety 
certificates  and,  in  view  of  the  forthcoming  expiry  of  existing  safety  authorisations, 
with the issuance of such authorisations for a subsequent period covered respectively 
by Articles 10 and 12 of that Directive. The time limit for the renewal of single safety 
certificates  should  therefore  be  extended  by  seven  months,  and  the  existing  single 
safety certificates concerned should remain valid accordingly. Likewise, the validity of 
such  safety  authorisations  should  be  extended  by  seven  months  from  their  date  of 
expiry. 

(14) 

In accordance with Article 33(2) of Directive (EU) 2016/798, certain Member States 
extended the transposition period of that Directive until 16 June 2020. Directive (EU) 
2020/700  of the European Parliament  and of the  Council13 amending Directive (EU) 
2016/798  provided  the  possibility  for  these  Member  States  to  further  extend  the 
transposition period until 31 October 2020. The rules of Directive 2004/49/EC of the 
European  Parliament  and  of  the  Council14 therefore  remained  applicable  in  those 
Member  States  until  31  October  2020,  and  Member  States  concerned  remained 
entitled to issue certificates under that Directive. Safety certificates issued under that 
Directive  remain  valid  until  their  date  of  expiry,  in  accordance  with  Directive  (EU) 

10 

11 

12 

13 

14 

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). 
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  (EU)  2020/700  of  the  European  Parliament  and  of  the  Council  of  25  May  2020  amending 
Directives (EU) 2016/797 and (EU) 2016/798, as regards the extension of their transposition period (OJ 
L 165, 27.5.2020, p. 27). 
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  (Railway  Safety 
Directive) (OJ L 164, 30.4.2004, p. 44). 

EN 

17 

  EN 

                                                 
2016/798. It is thus also necessary to provide for an extension of the time limits for the 
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. 

(15)  Directive  2007/59/EC  of  the  European  Parliament  and  of  the  Council15  lays  down 
rules  on  the  certification  of  train  drivers  operating  locomotives  and  trains  on  the 
railway system in the Union. Articles 14(5) and 16 of that Directive provide that the 
validity  of  train  drivers’  licences  is  limited  to  ten  years  and  is  subject  to  periodic 
checks.  Due  to  the  difficulties  in  renewing  licences  as  a  consequence  of  the 
extraordinary circumstances caused by the COVID‐19 outbreak that persisted after 31 
August 2020, the validity of licences expiring between 1 September 2020 and 30 April 
2021  should  be  extended  for  a  period  of  seven  months  from  their  date  of  expiry. 
Similarly,  train  drivers  should  be  granted  an  additional  period  of  seven  months  to 
complete the periodic checks. 

(16)  Directive  2012/34/EU  of  the  European  Parliament  and  of  the  Council16 establishes  a 
single  European  railway  area.  Under  Article  23(2)  of  that  Directive,  licensing 
authorities may conduct a regular review in order to verify that a railway undertaking 
continues to fulfil the obligations set out in Chapter III of that Directive that pertain to 
its licence. Under Article 24(3) of that Directive, licensing authorities may suspend or 
revoke a licence on the grounds of non‐compliance with the requirement of financial 
fitness  and  may  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 that persisted after 31 August 2020, 
licensing authorities have serious difficulties performing regular reviews in respect of 
existing  licences  and  taking  the  relevant  decisions  concerning  the  issuance  of  new 
licences  after  the  expiry  of  a  temporary  licence.  Therefore,  time  limits  for  the 
performance  of  regular  reviews  which,  in  accordance  with  that  Directive,  expire 
between 1 September 2020 and 30 April 2021 should  be extended by seven months. 
Likewise, the validity of temporary licences expiring between 1 September 2020 and 
30 April 2021 should be extended by seven months. 

(17)  Article 25(2) of Directive 2012/34/EU requires licensing authorities to take decisions 
on applications for licences within three months after all relevant information, notably 
the particulars  referred to in  Annex  III  to  that Directive, has been submitted. Due to 
difficulties  in  taking  the  relevant  decisions  as  a  consequence  of  the  extraordinary 
circumstances caused by the COVID‐19 outbreak that persisted after 31 August 2020, 
it is necessary to extend that time limit by seven months. 

(18)  Railway  undertakings  which  were  financially  stable  before  the  COVID‐19  outbreak 
face liquidity problems that could trigger the suspension or revocation of their licence 
or  its  replacement  by  a  temporary  licence  without  there  being  a  structural  economic 
need for this to occur. 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  theirs,  otherwise 
temporary,  financial  problems.  Further  to  Regulation  (EU)  2020/698  and  given  the 

15 

16 

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 

18 

  EN 

                                                 
persistence of the COVID‐19 outbreak beyond 31 August 2020, it should therefore be 
provided  that  where  the  licensing  authority,  on  the  basis  of  the  check  carried  out 
during the period between 1 September 2020 and 30 April 2021, finds  that a railway 
undertaking can no longer meet the requirements relating to financial fitness, it should 
be  able  to  decide,  before  30  April  2021,  not  to  suspend  or  revoke  the  licence  of  the 
railway  undertaking  concerned,  provided  that  safety  is  not  at  risk  and  provided  that 
there  is  a  realistic  prospect  of  a  satisfactory  financial  reconstruction  of  the  railway 
undertaking  within  the  following  seven  months.  After  30  April  2021,  the  railway 
undertaking  should  be  subject  to  the  general  rules  laid  down  in  Article  24(1)  of 
Directive 2012/34/EU. 

(19)  Council  Directive  96/50/EC17 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  boatmasters’  certificates  are  required  to 
undergo periodic medical  examinations.  In view  of the measures taken in relation  to 
the  COVID‐19  outbreak  that  persisted  after  31  August  2020,  and  in  particular  the 
limited access  to  medical  services for medical  examinations, holders of boatmasters’ 
certificates may not be able to undergo the required medical examinations due within 
the period concerned by those measures. Therefore, for cases in which the time limit 
for  undergoing  medical  examinations  would  otherwise  have  expired  or  would 
otherwise expire between 1 September 2020 and 30 April 2021, that time limit should 
be  extended  by  seven  months  in  each  of  the  cases  concerned.  The  boatmasters’ 
certificates concerned should remain valid accordingly. 

(20)  Directive (EU) 2016/1629 of the European Parliament and of the Council18 lays down 
technical  requirements  for  inland  waterway  vessels.  Article  10  of  that  Directive 
provides  for  a  limitation  of  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 that are issued by the competent 
authorities of the Member States before 6 October 2018 under the Directive that was 
previously applicable, namely Directive 2006/87/EC  of the European Parliament  and 
of the Council19, are to remain valid until they expire. The measures taken in view of 
the  persistence  of  the  COVID‐19  outbreak  after  31  August  2020  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  the 
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 seven months, the validity 
of  Union  inland  navigation  certificates  and  documents  falling  within  the  scope  of 
Article  28  of  Directive  (EU)  2016/1629,  which  would  otherwise  have  expired  or 
would otherwise expire between 1 September 2020 and 30 April 2021. 

17 

18 

19 

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 

19 

  EN 

                                                 
(21)  Regulation  (EC)  No  725/2004  of  the  European  Parliament  and  of  the  Council20 lays 
down rules on enhancing ship and port facility security. Directive 2005/65/EC of the 
European  Parliament  and  of  the  Council21 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.  The  COVID-19  outbreak  that  persisted  after  31  August  2020  makes  it 
difficult for Member State authorities to conduct the maritime security inspections and 
surveys  with  a  view  to  the  renewal  of  certain  documents  in  the  field  of  maritime 
security.  Therefore,  it  is  necessary  to  extend  the  time  limits  for  reviewing  security 
assessments  and  security  plans  required  by  those  Union  legal  acts  by  a  reasonable 
amount of time in order to enable Member States and the shipping industry to take a 
flexible and pragmatic approach, and to keep essential supply chains open, while not 
compromising  security.  Flexibility  should  also  be  granted  for  maritime  security 
exercises,  which  the  Union  legal  acts  in  the  field  of  maritime  security  require  to  be 
carried out within certain time frames. 

(22)  Where  a  Member  State  considers  that  the  application  of  the  rules  from  which  this 
Regulation  derogates,  related,  inter  alia,  to  the  renewal  or  extension  of  certificates, 
licences or authorisations, is likely to remain impracticable beyond the dates specified 
in this Regulation due to measures that it has taken to prevent or contain the spread of 
COVID‐19,  the  Commission  should,  if  requested  by  that  Member  State  by  1  April 
2021, be authorised to allow the Member State concerned to further extend the periods 
specified  in  this  Regulation,  as  relevant.  In  order  to  ensure  legal  certainty  while 
ensuring that transport safety and security is not at risk, such an extension should be 
limited  to  what  is  necessary  to  reflect  the  period  during  which  the  completion  of 
formalities,  procedures,  checks  and  training  is  likely  to  remain  impracticable  and,  in 
any event, should not be longer than six months. 

(23)  The  COVID‐19  outbreak  has  affected  the  whole  Union  but  has  not  done  so  in  a 
uniform  manner.  Member  States  have  been  affected  to  different  degrees  and  at 
different  times. Given that  the derogations from  the rules that would normally apply 
should be limited to what is necessary, it should, with regard to Directive 2003/59/EC, 
Directive  2006/126/EC,  Regulation  (EU)  No  165/2014,  Directive  2014/45/EU, 
Regulation  (EC)  No  1072/2009,  Regulation  (EC)  No  1073/2009,  Directive  (EU) 
2016/798,  Directive  2004/49/EC,  Directive  2007/59/EC,  Directive  2012/34/EU, 
Directive  96/50/EC,  Directive  (EU)  2016/1629,  Regulation  (EC)  No  725/2004  and 
Directive  2005/65/EC,  be  possible  for  the  Member  States  to  continue  to  apply  those 
legal  acts  without  applying  the  derogations  provided  for  in  this  Regulation  where 
application of those legal acts has remained practicable. The same should apply where 
a Member State was confronted by such difficulties but adopted appropriate national 
measures  to  mitigate  them.  The  Member  States  that  choose  to  make  use  of  that 
possibility  should  not,  however,  impede  any  economic  operator  or  individual  from 
relying  on  the  derogations  provided  for  in  this  Regulation  that  apply  in  another 
Member  State,  and  should  in  particular  recognise  any  licence,  certificate  and 
authorisation the validity of which has been extended by this Regulation.  In order to 
ensure  legal  certainty  the  Member  States  should  inform  the  Commission  of  their 

20 

21 

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 

20 

  EN 

                                                 
decisions  not  to  apply  the  derogations  provided  for  in  this  Regulation  before  it 
becomes fully applicable on [the date of application of this Regulation]. 

(24)  This  Regulation  should  not  affect  rights  granted  by  Commission  decisions  adopted 
pursuant to provisions of Regulation (EU) 2020/698, authorising the Member States to 
extend certain periods referred to in that Regulation, in as much as they may give rise 
to extensions going beyond those provided for in this Regulation. 

(25)  Since the transition period set out in the Agreement on the withdrawal  of the United 
Kingdom  of  Great  Britain  and  Northern  Ireland  from  the  European  Union  and  the 
European  Atomic  Energy  Community  has  ended  on  31  December  2020,  none  of  the 
provisions of this Regulation should apply to the United Kingdom, even to the extent 
they concern periods prior to that date.  

(26)  Since the objectives of this Regulation, namely to extend the time limits laid down in 
Union  law  for  the  renewal  and  extension  of  the  period  of  validity  of  certain 
certificates,  licences  and  authorisations  and  to  postpone  certain  periodic  checks  and 
periodic  training  in  response  to  the  extraordinary  circumstances  caused  by  the 
COVID‐19 outbreak that persisted after 31 August 2020 in the area of road, rail and 
inland  waterway  transport  and  maritime  security,  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  those 
objectives. 

(27) 

In view of urgency entailed by the exceptional circumstances caused by the COVID‐
19  outbreak  that  persisted  after  31  August  2020,  it  was  considered  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. 

(28)  Due to the unforeseeable and sudden nature of the COVID‐19 outbreak, as well as to 
its unexpected duration, it was impossible to adopt all the relevant 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 those provisions,  such an approach does not 
result in a violation of the legitimate expectations of the persons concerned. 

(29) 

In the light of the overriding need to address without delay the circumstances caused 
by the COVID‐19 outbreak in the area of road, rail and inland waterway transport and 
of  maritime  security,  while,  where  relevant,  providing  Member  States  with  a 
reasonable period of time to inform the Commission if they decide not to apply certain 
derogations laid down in this Regulation, this Regulation should enter into force as a 
matter of urgency on the day following that of its publication in the Official Journal of 
the  European  Union  in  order  to  ensure  that  situations  of  legal  uncertainty  affecting 
many  authorities  and  transport  operators  in  different  transport  sectors,  in  particular 
where the relevant time limits have already expired, remain as short as possible, 

HAVE ADOPTED THIS REGULATION: 

EN 

Article 1 

Subject matter 

21 

  EN 

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 to the 
postponement of certain periodic checks and periodic training in response to the extraordinary 
circumstances  caused  by  the  COVID‐ 19  outbreak  in  the  area  of  road,  rail  and  inland 
waterway  transport  and  of  maritime  security  for  reference  periods  subsequent  to  those 
referred to in Regulation (EU) 2020/698. 

Article 2 

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

1. Notwithstanding  Article  8(2)  and  (3)  of  Directive  2003/59/EC,  the  time  limits  for  the 
completion,  by  the  holder  of  a  certificate  of  professional  competence  (‘CPC’),  of  periodic 
training which, in accordance with those provisions, would otherwise have expired or would 
otherwise expire between 1 September 2020 and 30 April 2021 shall be deemed to be, or to 
have been, extended for a period of seven months in each case. The CPC shall remain valid 
accordingly. 

2. 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  CPC  referred  to  in  paragraph  1  of  that  Article  shall  be  deemed  to  be  extended  for  a 
period  of  seven  months  from  the  date  indicated  on  each  such  driving  licence  or  driver 
qualification card. 

3. The validity of driver qualification cards referred to in Annex II to  Directive 2003/59/EC 
which would otherwise  have  expired or  would otherwise  expire between 1 September 2020 
and  30  April  2021  shall  be  deemed  to  be,  or  to  have  been,  extended  for  a  period  of  seven 
months from the expiry date indicated on each such card. 

4. Where  a  Member  State  considers  that  the  completion  of  periodic  training  or  its 
certification,  the  marking  of  the  harmonised  Union  code,  ‘95’,  or  the  renewal  of  driver 
qualification cards is likely to  remain impracticable beyond 30 April 2021, due to measures 
that  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  relevant.  That  request  may  concern  the  period  between  1  September  2020  and  30 
April 2021 or the periods of seven months specified in paragraphs 1, 2 and 3, as relevant, or 
both. It shall be submitted to the Commission by 1 April 2021 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  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 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  and,  in  any  event,  shall  not  be  longer 
than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

6. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered  the  completion  of  periodic  training  or  its  certification,  the  marking  of  the 
harmonised  Union  code,  ‘95’,  or  the  renewal  of  driver  qualification  cards  impracticable 
during  the  period  between  1  September  2020  and  30  April  2021  as  a  consequence  of  the 
extraordinary  circumstances  caused  by  the  COVID‐ 19  outbreak,  or  has  taken  appropriate 

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national  measures  to  mitigate  such  difficulties,  that  Member  State  may  decide  not  to  apply 
paragraphs  1,  2  and  3.  The  Member  State  shall  inform  the  Commission  about  its  decision 
before  [date  of  entry  into  force  of  this  Regulation  +  5  working  days].  The  Commission 
shall inform the other Member States thereof and shall publish a notice in the Official Journal 
of the European Union. 

The Member State that has decided not to apply paragraphs 1, 2 and 3 as provided for in the 
first  subparagraph  of  this  paragraph  shall  not  impede  the  cross‐ border  activities  of  any 
economic operator or individual that has relied on derogations set out in paragraph 1, 2 and 3 
that apply in another Member State. 

Article 3 

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

1. Notwithstanding  Article  7  of  Directive  2006/126/EC  and  point  3(d)  of  Annex  I  to  that 
Directive, the validity of driving licences which, in accordance with those provisions, would 
otherwise  have  expired  or  would  otherwise  expire  between  1  September  2020  and  30  April 
2021 shall be deemed to be, or to have been, extended for a period of seven months from the 
date of expiry referred to in each such driving licence. 

2. Where  a  Member  State  considers  that  the  renewal  of  driving  licences  is  likely  to  remain 
impracticable beyond 30 April 2021, due to measures that 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.  That  request  may  concern  the  period 
between 1 September 2020 and 30 April 2021 or the period of seven months, or both. It shall 
be submitted to the Commission by 1 April 2021 at the latest. 

3. 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  to  reflect  the  period 
during  which  the  renewal  of  driving  licence  is  likely  to  remain  impracticable  and,  in  any 
event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

4. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered the renewal of driving licences impracticable during the period between 1 September 
2020 and 30 April 2021 as a consequence of the extraordinary circumstances caused by the 
COVID‐ 19 outbreak, or has taken appropriate national measures to mitigate such difficulties, 
that Member State may decide not to apply paragraph 1. The Member State shall inform the 
Commission  about  its  decision  before  [date  of  entry  into  force  of  this  Regulation  +  5 
working  days].  The  Commission  shall  inform  the  other  Member  States  thereof  and  shall 
publish a notice in the Official Journal of the European Union. 

The  Member  State  that  has  decided  not  to  apply  paragraph  1  as  provided  for  in  the  first 
subparagraph of this paragraph shall not impede the cross‐ border activities of any economic 
operator  or  individual  that  has  relied  on  derogations  set  out  in  paragraph  1  that  apply  in 
another Member State. 

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

Article 4 

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1. Notwithstanding  Article  23  of  Regulation  (EU)  No  165/2014,  the  regular  inspections 
provided  for  in  paragraph  1  of  that  Article  that  would  otherwise  have  had  to  or  would 
otherwise have to be carried out between 1 September 2020 and 30 April 2021 in accordance 
with  that  paragraph  shall  be  carried  out  no  later  than  seven  months  following  the  date  on 
which they had would otherwise have to be carried out according to that Article. 

2. Notwithstanding Article 28 of Regulation (EU) No 165/2014, where a driver applies for the 
renewal of a driver card in accordance with paragraph 1 of that Article between 1 September 
2020  and  30  April  2021,  the  competent  authorities  of  the  Member  States  shall  issue  a  new 
driver card no later than two months after the receipt of the request. Until the driver receives a 
new driver card from the card‐ issuing authorities, Article 35(2) of that Regulation shall apply 
to  the  driver  mutatis  mutandis,  provided  that  the  driver  can  prove  that  the  renewal  of  the 
driver card was requested in accordance with Article 28(1) of that Regulation. 

3. Notwithstanding Article 29(4) of Regulation (EU) No 165/2014, where a driver applies for 
the  replacement  of  a  driver  card  in  accordance  with  paragraph  4  of  that  Article  between  1 
September  2020  and  30  April  2021,  the  competent  authorities  of  the  Member  States  shall 
issue  a  replacement  card  no  later  than  two  months  after  the  receipt  of  the  request. 
Notwithstanding Article  29(5) of Regulation  (EU) No 165/2014,  the driver may  continue to 
drive until a new driver card is received from the card‐ issuing authorities provided that the 
driver  can  prove  that  the  driver  card  was  returned  to  the  competent  authority  when  it  was 
damaged or malfunctioning and that its replacement was requested. 

4. Where a Member State considers that the regular inspections, the renewal of driver cards or 
the  replacement  of  driver  cards  as  required  by  Regulation  (EU)  No  165/2014  are  likely  to 
remain impracticable beyond 30 April 2021, due to  measures that 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 relevant. That request 
may  concern  the  period  between  1  September  2020  and  30  April  2021, the  period  of  seven 
months or the applicable deadlines for the issuance of a new driver card, or any combination 
thereof. It shall be submitted to the Commission by 1 April 2021 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  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 to 
reflect the period during which the regular inspections or renewals or replacements of driver 
cards are likely to remain impracticable and, in any event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

6. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered  regular  inspections,  the  renewal  of  driver  cards  or  the  replacement  of  driver  cards 
impracticable  during  the  period  between  1  September  2020  and  30  April  2021  as  a 
consequence of the extraordinary circumstances caused by the COVID‐ 19 outbreak, or has 
taken  appropriate  national  measures  to  mitigate  such  difficulties,  that  Member  State  may 
decide not  to  apply paragraphs 1, 2 and 3. The  Member State shall inform the Commission 
about  its  decision before  [Date of entry into force of this Regulation + 5 working days]. 
The Commission shall inform the other Member States thereof and shall publish a notice in 
the Official Journal of the European Union. 

The Member State that has decided not to apply paragraphs 1, 2, and 3 as provided for in the 
first  subparagraph  of  this  paragraph  shall  not  impede  the  cross‐ border  activities  of  any 

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economic operator or individual that has relied on derogations set out in paragraphs 1, 2, and 
3 that apply in another Member State. 

Article 5 

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

1. Notwithstanding Articles 5(1) and 10(1) of Directive 2014/45/EU and point 8 of Annex II 
to that Directive, the time limits for the roadworthiness tests, which in accordance with those 
provisions, would otherwise have had to or would otherwise have to be carried out between 1 
September  2020  and  30  April  2021  shall  be  deemed  to  be,  or  to  have  been,  extended  for  a 
period of seven months. 

2. Notwithstanding  Article  8  of  Directive  2014/45/EU  and  point  8  of  Annex  II  to  that 
Directive,  the  validity  of  roadworthiness  certificates  with  a  date  of  expiry  between  1 
September  2020  and  30  April  2021  shall  be  deemed  to  be,  or  to  have  been,  extended  for  a 
period of seven months. 

3. Where  a  Member  State  considers  that  the  carrying  out  of  roadworthiness  tests  or  the 
certification thereof is likely to remain impracticable beyond 30 April 2021, due to measures 
that  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 and 
2, as relevant. That request may concern the period between 1 September 2020 and 30 April 
2021  or  the  period  of  seven  months,  or  both.  It  shall  be  submitted  to  the  Commission  by  1 
April 2021 at the latest. 

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 to 
reflect  the  period  during  which  the  performance  of  roadworthiness  tests  or  the  certification 
thereof  is  likely  to  remain  impracticable  and,  in  any  event,  shall  not  be  longer  than  six 
months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered  the  performance  of  roadworthiness  tests  or  the  certification  thereof  impracticable 
during  the  period  between  1  September  2020  and  30  April  2021  as  a  consequence  of  the 
extraordinary  circumstances  caused  by  the  COVID‐ 19  outbreak,  or  has  taken  appropriate 
national  measures  to  mitigate  such  difficulties,  that  Member  State  may  decide  not  to  apply 
paragraphs 1 and 2. The Member State shall inform the Commission about its decision before 
[Date  of  entry  into  force  of  this  Regulation  +  5  working  days].  The  Commission  shall 
inform the other Member States thereof and shall publish a notice in the  Official Journal of 
the European Union. 

The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first 
subparagraph of this paragraph shall not impede the cross‐ border activities of any economic 
operator or individual that has relied on derogations set out in paragraphs 1 and 2 that apply in 
another Member State. 

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

Article 6 

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1. Notwithstanding Article 13(1), points (b) and (c) of Regulation (EC) No 1071/2009, where 
a competent authority establishes in respect of the period between 1 September 2020 and 30 
April 2021 that the requirements regarding the vehicle or vehicles to be kept at the disposal of 
and  used  by  the  road  transport  undertaking,  as  set  out  in  Article  5(b)  and  (c)  of  that 
Regulation,  are  not  satisfied,  or  establishes,  on  the  basis  of  the  annual  accounts  and 
certificates referred to in Article 7(1) and (2) of that Regulation for accounting years covering 
all  or  part  of  the  period  between  1  September  2020  and  30  April  2021,  that  a  transport 
undertaking does not satisfy the requirement of financial standing laid down in Article 3(1), 
point (c) of that Regulation, the time limits set by the competent authority for the purposes of 
Article 13(1), points (b) and (c) of that Regulation shall not exceed 12 months. 
2. Notwithstanding Article 13(1), points (b) and (c) of Regulation (EC) No 1071/2009, where 
the  competent  authority  has  established  between  28  May  2020  and  [the  date  of  entry  into 
force  of  this  Regulation]  that  a  transport  undertaking  does  not  satisfy  the  requirements 
regarding the vehicle or vehicles to be kept at the disposal of and used by the road transport 
undertaking,  as  set  out  in  Article  5(b)  and  (c)  of  that  Regulation,  or  the  requirement  of 
financial standing laid down in Article 3(1), point (c), of that Regulation and has set a time 
limit for the transport undertaking to rectify the situation, the competent authority may extend 
that time limit, provided that the time limit has not expired by the date of entry into force of 
this Regulation. The time limit thus extended may not exceed 12 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 would otherwise have expired or would otherwise expire between 
1 September 2020 and 30 April 2021 shall be deemed to be, or to have been, extended for a 
period of seven months. Certified true copies shall remain valid accordingly. 

2. Notwithstanding Article 5(7) of Regulation (EC) No 1072/2009, the validity of the driver 
attestations  which  would  otherwise  have  expired  or  would  otherwise  expire  between  1 
September  2020  and  30  April  2021  shall  be  deemed  to  be,  or  to  have  been,  extended  for  a 
period of seven months. 

3. Where  a  Member  State  considers  that  the  renewal  of  Community  licences  or  of  driver 
attestations  is  likely  to  remain  impracticable  beyond  30  April  2021,  due  to  measures  that  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 and 2 as 
relevant. That request may concern the period between 1 September 2020 and 30 April 2021 
or the period of seven  months,  or both.  It  shall be submitted to  the Commission  by 1  April 
2021 at the latest. 

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 to 
reflect the period during which the renewal of Community licences or of driver attestations is 
likely to remain impracticable and, in any event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered the renewal of Community licences or of driver attestations impracticable during the 
period between 1 September 2020 and 30 April 2021 as a consequence of the extraordinary 

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circumstances  caused  by  the  COVID‐ 19  outbreak,  or  has  taken  appropriate  national 
measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 
1 and 2. The Member State shall inform the Commission about its decision before  [Date of 
entry  into  force  of  this  Regulation  +  5  working  days].  The  Commission  shall  inform  the 
other Member States thereof and shall publish a notice in the Official Journal of the European 
Union. 

The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first 
subparagraph  shall  not  impede  the  cross‐ border  activities  of  any  economic  operator  or 
individual that has relied on derogations set out in paragraphs 1 and 2 that apply in another 
Member State. 

Article 8 

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

1. Notwithstanding  Article  4(4)  of  Regulation  (EC)  No  1073/2009,  the  validity  of  the 
Community licences which would otherwise have expired or would otherwise expire between 
1 September 2020 and 30 April 2021 shall be deemed to be, or to have been, extended for a 
period of seven months. Certified true copies shall remain valid accordingly. 

2. Notwithstanding  Article  8(3)  of  Regulation  (EC)  No  1073/2009,  decisions  on  application 
for authorisation of regular services submitted by the carrier between 1 September 2020 and 
30 April 2021 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 applications in accordance with paragraph 1 of that Article shall 
notify  the  authorising  authority  of  their  decision  on  the  application  within  three  months. 
Where the authorising authority does not receive a reply within three months, the authorities 
consulted shall be deemed to have given their agreement, and the authorising authority may 
grant the authorisation.  

3. Where  a  Member  State  considers  that  the  renewal  of  Community  licences  is  likely  to 
remain impracticable beyond 30 April 2021, due to  measures that 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.  That  request  may  concern  the 
periods between 1 September 2020 and 30 April 2021 or the period of seven months, or any 
combination thereof. It shall be submitted to the Commission by 1 April 2021 at the latest. 

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 
paragraph  1,  as  justified  in  each  case.  The  extension  shall  be  limited  to  reflect  the  period 
during which the renewal of Community licences is likely to remain impracticable and, in any 
event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered  the  renewal  of  Community  licences  impracticable  during  the  period  between  1 
September  2020  and  30  April  2021  as  a  consequence  of  the  extraordinary  circumstances 
caused  by  the  COVID‐ 19  outbreak,  or  has  taken  appropriate  national  measures  to  mitigate 
such difficulties, that Member State may decide not to apply paragraph 1. The Member State 
shall  inform  the  Commission  about  its  decision  before  [Date  of  entry  into  force  of  this 

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Regulation  +  5  working  days].  The  Commission  shall  inform  the  other  Member  States 
thereof and shall publish a notice in the Official Journal of the European Union. 

The  Member  State  that  has  decided  not  to  apply  paragraph  1  as  provided  for  in  the  first 
subparagraph of this paragraph shall not impede the cross‐ border activities of any economic 
operator  or  individual  that  has  relied  on  derogations  set  out  in  paragraph  1  that  apply  in 
another Member State. 

Article 9 

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

1. Notwithstanding Article 10(13) of Directive (EU) 2016/798, the time limits for renewal of 
single  safety  certificates  which  would  otherwise  have  expired  or  would  otherwise  expire 
between  1  September  2020  and  30  April  2021  shall  be  deemed  to  be,  or  to  have  been, 
extended  for  a  period  of  seven  months.  The  single  safety  certificate  concerned  shall  remain 
valid accordingly. 

2. Notwithstanding  Article  12(2)  of  Directive  (EU)  2016/798,  the  validity  of  safety 
authorisations  which,  in  accordance  with  that  provision,  would  otherwise  have  expired  or 
would otherwise expire between 1 September 2020 and 30 April 2021 shall be deemed to be, 
or to have been, extended for a period of seven months. 

3. 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 30 April 2021 due to 
measures that 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  and 2, as  relevant.  That  request  may  concern the period between 1 September 
2020  and  30  April  2021  or  the  period  of  seven  months  specified  in  paragraphs  1  and  2 
respectively, or both. It shall be submitted to the Commission by 1 April 2021 at the latest. 

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  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 and, in any event, 
shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered 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 
impracticable  during  the  period  between  1  September  2020  and  30  April  2021  as  a 
consequence of the extraordinary circumstances caused by the COVID‐ 19 outbreak, or has 
taken  appropriate  national  measures  to  mitigate  such  difficulties,  that  Member  State  may 
decide not to apply paragraphs 1 and 2. The Member State shall inform the Commission about 
its  decision  before  [Date  of  entry  into  force  of  this  Regulation  +  5  working  days].  The 
Commission  shall  inform  the  other  Member  States  thereof  and  shall  publish  a  notice  in  the 
Official Journal of the European Union. 

The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first 
subparagraph of this paragraph shall not impede the cross‐ border activities of any economic 

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operator or individual that has relied on derogations set out in paragraphs 1 and 2 that apply in 
another Member State. 

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

Article 10 

1. Notwithstanding  Article  10(5)  of  Directive  2004/49/EC,  the  time  limits  for  renewal  of 
safety certificates which would otherwise have expired or would otherwise expire between 1 
September  2020  and  30  April  2021  shall  be  deemed  to  be,  or  to  have  been,  extended  for  a 
period of seven months. The safety certificates concerned shall remain valid accordingly. 

2. Notwithstanding  Article  11(2)  of  Directive  2004/49/EC,  the  time  limits  for  renewal  of 
safety authorisations which would otherwise have expired or would otherwise expire between 
1 September 2020 and 30 April 2021 shall be deemed to be, or to have been, extended for a 
period of seven months. The safety authorisation concerned shall remain valid accordingly. 

3. Where  a  Member  State  considers  that  the  renewal  of  safety  certificates  or  of  safety 
authorisations is likely to remain impracticable beyond 30 April 2021, due to measures that 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 and 2, as 
relevant. That request may concern the period between 1 September 2020 and 30 April 2021 
or the periods of seven months specified in paragraphs 1 and 2 respectively, or both. It shall 
be submitted to the Commission by 1 April 2021 at the latest. 

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  to 
reflect the period during which the renewal of safety certificates or of safety authorisations is 
likely to remain impracticable and, in any event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered the renewal of safety certificates or of safety authorisations impracticable during the 
period between 1 September 2020 and 30 April 2021 as a consequence of the  extraordinary 
circumstances  caused  by  the  COVID‐ 19  outbreak,  or  has  taken  appropriate  national 
measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 
1 and 2. The Member State shall inform the Commission about its decision before [Date of 
entry  into  force  of  this  Regulation  +  5  working  days].  The  Commission  shall  inform  the 
other Member States thereof and shall publish a notice in the Official Journal of the European 
Union. 

The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first 
subparagraph of this paragraph shall not impede the cross‐ border activities of any economic 
operator or individual that has relied on derogations set out in paragraphs 1 and 2 that apply in 
another Member State. 

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

Article 11 

1. Notwithstanding  Article  14(5)  of  Directive  2007/59/EC,  the  licences  which  otherwise 
would have expired or would otherwise expire between 1 September 2020 and 30 April 2021 

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shall be deemed to be, or to have been, extended for a period of seven months from the date of 
expiry of each such licence. 

2. Notwithstanding Article 16 of 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 otherwise have expired or would otherwise expire between 1 September 2020 and 30 
April 2021 shall be deemed to be, or to have been, extended for a period of seven months in 
each case. The licences referred to in Article 14 and the certificates referred to in Article 15 of 
that Directive shall remain valid accordingly. 

3. Where a Member State considers that the renewal of licences or the completion of periodic 
checks  is  likely  to  remain  impracticable  beyond  30  April  2021,  due  to  measures  that  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 and 2, as relevant. 
That  request  may  concern  the  period  between  1  September  2020  and  30  April  2021  or  the 
period  of  seven  months  specified  in  paragraphs  1  and  2  respectively,  or  both.  It  shall  be 
submitted to the Commission by 1 April 2021 at the latest. 

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  to 
reflect the period during which the renewal of licences or the completion of periodic checks is 
likely to remain impracticable and, in any event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered  the  renewal  of  licences  or  the  completion  of  periodic  checks  impracticable  during 
the  period  between  1  September  2020  and  30  April  2021  as  a  consequence  of  the 
extraordinary  circumstances  caused  by  the  COVID‐ 19  outbreak,  or  has  taken  appropriate 
national  measures  to  mitigate  such  difficulties,  that  Member  State  may  decide  not  to  apply 
paragraphs 1 and 2. The Member State shall inform the Commission about its decision before 
[Date  of  entry  into  force  of  this  Regulation  +  5  working  days].  The  Commission  shall 
inform the other Member States thereof and shall publish a notice in the Official Journal of 
the European Union. 

The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first 
subparagraph of this paragraph shall not impede the cross‐ border activities of any economic 
operator or individual that has relied on derogations set out in paragraph 1 and 2 that apply in 
another Member State. 

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

Article 12 

1. Notwithstanding  Article  23(2)  of  Directive  2012/34/EU,  where  a  licensing  authority  has 
made provision for a regular review, the time limits for the performance of a regular review 
which, in accordance with those provisions, would otherwise have expired or would otherwise 
expire between 1 September 2020 and 30 April 2021 shall be deemed to be, or to have been, 
extended for a period of seven months. 

2. Notwithstanding Article 24(3) of Directive 2012/34/EU, the validity of temporary licences 
which would otherwise  have  expired or  would otherwise  expire between 1 September 2020 

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and  30  April  2021  shall  be  deemed  to  be,  or  to  have  been,  extended  for  a  period  of  seven 
months from the date of end of validity indicated on each temporary licence. 

3. Notwithstanding Article 25(2) of Directive 2012/34/EU, the licensing authority shall take a 
decision in respect  of applications  submitted between 1 September 2020 and 30  April 2021 
not later than ten months after all relevant information, notably the particulars referred to in 
Annex III to that Directive, has been submitted. 

4. Where  a  Member  State  considers  that  the  carrying  out  of  a  regular  review  or  the 
termination  of  the  suspension  of  licences  or  the  issuance  of  new  licences  in  cases  where 
licences  have  previously  been  revoked  is  likely  to  remain  impracticable  beyond  30  April 
2021, due to measures that 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 and 2, as relevant. That request may concern the period between 1 September 
2020 and 30 April 2021 or the period of seven months, or both. It shall be submitted to the 
Commission by 1 April 2021 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 decision authorising 
the  Member  State  concerned  to  apply  an  extension  of  the  periods  specified  in  paragraphs  1 
and  2,  as  justified  in  each  case.  The  extension  shall  be  limited  to  reflect  the  period  during 
which the termination of the suspension of licences or the issuance of new licences in cases 
where  licences  have  previously  been  revoked  is  likely  to  remain  impracticable  and,  in  any 
event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

6. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered the carrying out of a regular review or the termination of the suspension of licences 
or  the  issuance  of  new  licences  in  cases  where  licences  have  previously  been  revoked 
impracticable  during  the  period  between  1  September  2020  and  30  April  2021  as  a 
consequence of the extraordinary circumstances caused by the COVID‐ 19 outbreak, or has 
taken  appropriate  national  measures  to  mitigate  such  difficulties,  that  Member  State  may 
decide not to apply paragraphs 1 and 2. The Member State shall inform the Commission about 
its  decision  before  [Date  of  entry  into  force  of  this  Regulation  +  5  working  days].  The 
Commission  shall  inform  the  other  Member  States  thereof  and  shall  publish  a  notice  in  the 
Official Journal of the European Union. 

The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first 
subparagraph of this paragraph shall not impede the cross‐ border activities of any economic 
operator or individual that has relied on derogations set out in paragraph 1 and 2 that apply in 
another Member State. 

Article 13 

Treatment of licences of railway undertakings under Directive 2012/34/EU in the event of 
non‐ compliance with financial fitness requirements 

Notwithstanding Article 24(1) of Directive 2012/34/EU, where a licensing authority, based on 
a check referred to in that provision, carried out during the period between 1 September 2020 
and 30 April 2021, finds that a railway undertaking is no longer able to meet the requirements 
relating to financial fitness referred to in Article 20 of that Directive, it may, before 30 April 
2021  decide  not  to  suspend  or  revoke  the  licence  of  the  railway  undertaking  concerned, 
provided  that  safety  is  not  at  risk  and  provided  that  there  is  a  realistic  prospect  of  a 

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satisfactory  financial  reconstruction  of  the  railway  undertaking  within  the  following  seven 
months. 

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

Article 14 

1. Notwithstanding Article 6(2) of Directive 96/50/EC, the time limits for undergoing medical 
examinations  which,  in  accordance  with  that  provision,  would  otherwise  have  expired  or 
would otherwise expire between 1 September 2020 and 30 April 2021 shall be deemed to be, 
or  to  have  been,  extended  for  a  period  of  seven  months.  The  boatmasters’  certificates  of 
persons subject  to  obligation to  undergo medical  examinations referred to  in  Article 6(2) of 
that Directive shall remain valid accordingly. 

2. Where a Member State considers that the completion of medical examinations is likely to 
remain  impracticable  beyond  30  April  2021  due  to  measures  that  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.  That  request  may  concern  the 
period between 1 September 2020 and 30 April 2021 or the period of seven months specified 
in paragraph 1, or both. It shall be submitted to the Commission by 1 April 2021 at the latest. 

3. 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  to  reflect  the  period 
during which the completion of medical examinations is likely to remain impracticable and, in 
any event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

4. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered compliance with the time limits for undergoing medical examinations impracticable 
during  the  period  between  1  September  2020  and  30  April  2021  as  a  consequence  of  the 
extraordinary  circumstances  caused  by  the  COVID‐ 19  outbreak,  or  has  taken  appropriate 
national  measures  to  mitigate  such  difficulties,  that  Member  State  may  decide  not  to  apply 
paragraph 1. The Member State shall inform the Commission about its decision before [Date 
of entry into force of this Regulation + 5 working days]. The Commission shall inform the 
other Member States thereof and shall publish a notice in the Official Journal of the European 
Union. 

The  Member  State  that  has  decided  not  to  apply  paragraph  1  as  provided  for  in  the  first 
subparagraph of this paragraph shall not impede the cross‐ border activities of any economic 
operator  or  individual  that  has  relied  on  derogations  set  out  in  paragraph  1  that  apply  in 
another Member State. 

Article 15 

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

1. Notwithstanding  Article  10  of  Directive  (EU)  2016/1629,  the  validity  of  Union  inland 
navigation  certificates,  which  would  otherwise  have  expired  or  would  otherwise  expire 
between  1  September  2020  and  30  April  2021  shall  be  deemed  to  be,  or  to  have  been, 
extended for a period of seven months. 

2. 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 

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States  under  Directive  2006/87/EC  before  6  October  2018,  which,  in  accordance  with  that 
provision,  would  otherwise  have  expired  or  would  otherwise  expire  between  1  September 
2020  and  30  April  2021,  shall  be  deemed  to  be,  or  to  have  been,  extended  for  a  period  of 
seven months. 

3. Where a Member State considers that the renewal of Union inland navigation certificates or 
of  documents  referred  to  in  paragraph  2  is  likely  to  remain  impracticable  beyond  30  April 
2021, due to measures that 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 and 2, as relevant. That request may concern the period between 1 September 
2020  and  30  April  2021  or  the  periods  of  seven  months  specified  in  paragraphs  1  and  2 
respectively, or both. It shall be submitted to the Commission by 1 April 2021 at the latest. 

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  to 
reflect  the  period  during  which  the  renewal  of  Union  inland  navigation  certificates  or  of 
documents  referred  to  in  paragraphs  2  is  likely  to  remain  impracticable  and,  in  any  event, 
shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered  the  renewal  of  Union  inland  navigation  certificates  or  of  documents  referred  to  in 
paragraphs 2 impracticable during the period between 1 September 2020 and 30 April 2021 as 
a consequence of the extraordinary circumstances caused by the COVID‐ 19 outbreak, or has 
taken  appropriate  national  measures  to  mitigate  such  difficulties,  that  Member  State  may 
decide not to apply paragraphs 1 and 2. The Member State shall inform the Commission about 
its  decision  before  [Date  of  entry  into  force  of  this  Regulation  +  5  working  days].  The 
Commission  shall  inform  the  other  Member  States  thereof  and  shall  publish  a  notice  in  the 
Official Journal of the European Union. 

The Member State that  has decided not  to  apply paragraphs 1 and 2, as  provided for in  the 
first  subparagraph  of  this  paragraph  shall  not  impede  the  cross‐ border  activities  of  any 
economic operator or individual that has relied on derogations set out in paragraphs 1 and 2, 
that apply in another Member State. 

Article 16 

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

1. Notwithstanding Article 3(6) of Regulation (EC) No 725/2004, the time limits for carrying 
out  the  periodic  review  of  port  facility  security  assessments  which,  in  accordance  with  that 
provision,  would  otherwise  have  expired  or  would  otherwise  expire  between  1  September 
2020 and 30 April 2021 shall be deemed to be, or to have been, extended until 30 June 2021. 

2. Notwithstanding  Part  B,  Sections  13.7  and  18.6,  of  Annex  III  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 otherwise have expired or would otherwise 
expire between 1 September 2020 and 30 April 2021 shall be deemed to be, or to have been, 
extended by six months in each case, but in any event not beyond 30 June 2021. 

3. Where a Member State considers that the carrying out of port facility security assessments 
or of the various types of exercises referred to in Part B Sections 13.7 and 18.6 of Annex III to 

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Regulation (EC) No 725/2004 is likely to remain impracticable beyond 30 April 2021, due to 
measures that 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 and the deadlines 
specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 
September  2020  and  30  April  2021,  the  deadlines  or  the  period  of  six  months  specified  in 
paragraphs  1  and  2  respectively,  or  any  combination  thereof.  It  shall  be  submitted  to  the 
Commission by 1 April 2021 at the latest. 

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  and  the 
deadlines specified in paragraphs 1 and 2 respectively, as justified in each case. The extension 
shall  be  limited  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 and, in any 
event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered the carrying out of port facility security assessments or the various types of exercises 
referred  to  in  Part  B  Sections  13.7  and  18.6  of  Annex  III  to  Regulation  (EC)  No  725/2004 
impracticable  during  the  period  between  1  September  2020  and  30  April  2021  as  a 
consequence of the extraordinary circumstances caused by the COVID‐ 19 outbreak, or has 
taken  appropriate  national  measures  to  mitigate  such  difficulties,  that  Member  State  may 
decide not to apply paragraphs 1 and 2. The Member State shall inform the Commission about 
its  decision  before  [Date  of  entry  into  force  of  this  Regulation  +  5  working  days].  The 
Commission  shall  inform  the  other  Member  States  thereof  and  shall  publish  a  notice  in  the 
Official Journal of the European Union. 

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

Article 17 

1. Notwithstanding Article 10 of Directive 2005/65/EC, the time limits for the carrying out of 
the review of port security assessments and port security plans which, in accordance with that 
Article, would otherwise have expired or would otherwise expire between 1 September 2020 
and 30 April 2021 shall  be deemed to  be, or to  have been,  extended by  six months in  each 
case, but in any event not beyond 30 June 2021. 

2. Notwithstanding Article 7(7) of and Annex III to Directive 2005/65/EC, the 18-month time 
limits for the completion of training exercises which, in accordance with that Annex, would 
otherwise  have  expired  or  would  otherwise  expire  between  1  September  2020  and  30  April 
2021 shall be deemed to be, or to have been, extended by six months in each case, but in any 
event not beyond 30 June 2021. 

3. Where  a  Member  State  considers  that  the  carrying  out  of  the  review  of  port  security 
assessments or port security plans or the carrying out of training exercises is likely to remain 
impracticable beyond 30 April 2021, due to measures that 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 and the deadlines specified in paragraphs 1 and 2, as relevant. That 
request may concern the period between 1 September 2020 and 30 April 2021, the deadlines 
or the periods of six months specified in paragraphs 1 and 2 respectively, or any combination 
thereof. It shall be submitted to the Commission by 1 April 2021 at the latest. 

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4. 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 periods and the deadlines specified 
in paragraphs 1 and 2 respectively, as justified in each case. The extension shall be limited 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 and, in any 
event, shall not be longer than six months. 

The Commission shall publish that decision in the Official Journal of the European Union. 

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that 
rendered the carrying out of the review of port security assessments or port security plans or 
the  carrying  out  of  training  exercises  during  the  period  between  1  September  2020  and  30 
April  2021  as  a  consequence  of  the  extraordinary  circumstances  caused  by  the  COVID‐ 19 
outbreak,  or  has  taken  appropriate  national  measures  to  mitigate  such  difficulties,  that 
Member State may decide not  to apply paragraphs 1 and 2. The Member State shall inform 
the Commission about its decision before  [Date of entry into force of this Regulation + 5 
working  days].  The  Commission  shall  inform  the  other  Member  States  thereof  and  shall 
publish a notice in the Official Journal of the European Union. 

Article 18 

Decisions taken under Regulation (EU) 2020/698 

This  Regulation  shall  not  affect  the  rights  of  Member  States  under  Commission  decisions 
adopted  pursuant  to  Articles  2(6),  3(3),  4(5),  11(4),  16(6)  and  17(5)  of  Regulation  (EU) 
2020/698  to  the  extent  those  decisions  govern,  as  regards  subject  matter  and  relevant  time 
periods, the same cases as this Regulation and provide for extensions beyond those provided 
for in this Regulation. 

Where those decisions govern, as regards subject matter and relevant time periods, the same 
cases as this Regulation and do not provide for extensions beyond those provided for in this 
Regulation, this Regulation shall apply.  

Article 19 

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.  

It shall apply from [XX the date of entry into force of this Regulation + 8 working days]. 

However,  Articles  2(6),  3(4),  4(6),  5(5),  7(5),  8(5),  9(5),  10(5),  11(5),  12(6),  14(4),  15(5), 
16(5) and 17(5) shall apply from [XX the date of entry into force of this Regulation]. 

The  first,  second  and  third  paragraphs  of  this  Article  do  not  affect  the  retroactive  effects 
provided for in Articles 2 to 18. 

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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