Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EC) No 80/2009, (EU) No 996/2010 and (EU) No 165/ 2014 as regards certain reporting requirements in the fields of road transport and aviation
Date: 2023-10-17
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: carriage of goods, carriage of passengers, civil aviation, disclosure of information, drivers, driving period, exchange of information, information system, road transport, transport safety

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   EUROPEAN COMMISSION  Brussels, 17.10.2023  COM(2023) 591 final 2023/0361 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EC) No 80/2009, (EU) No 996/2010 and (EU) No 165/ 2014 as regards certain reporting requirements in the fields of road transport and aviation (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
In  its  Communication  on  ‘Long-term  competitiveness  of  the  EU:  looking  beyond  2030’ (1), 
the  Commission  has  emphasised  the  importance  of  a  regulatory  system  that  ensures  that 
objectives  are  reached  at  minimum  costs.  It  has  committed  therefore  to  a  fresh  push  to 
rationalise and simplify reporting requirements, with the ultimate aim to reduce such burdens 
by 25%, without undermining the related policy objectives.  

Reporting  requirements  play  a  key  role  in  ensuring  correct  enforcement  and  proper 
monitoring  of  legislation.  Their  costs  are  overall  largely  offset  by  the  benefit  they  bring,  in 
particular  in  monitoring  and  ensuring  compliance  with  key  policy  measures.  Reporting 
requirements can however also impose disproportionate burdens on stakeholders, particularly 
affecting  SMEs  and  micro-companies,  also  given  organisational  and 
technological 
developments  that  call  for  original  reporting  requirements  to  be  adjusted.  Their  cumulation 
over  time  can  result  in  redundant,  duplicating  or  obsolete  obligations,  inefficient  frequency 
and timing, or inadequate methods of collection.  

Streamlining reporting obligations and reducing administrative burdens is therefore a priority. 
In this context, the present proposal aims to simplify initiatives in the policy area of transport 
and affecting in particular transport by road and aviation. 

The proposal will remove or streamline specific reporting obligations for public authorities as 
follows:  

• 

The  proposal  removes  the  obligation  under  Regulation  (EC)  No  80/2009  of  the 
European  Parliament  and  of  the  Council2  for  vendors  of  computerised  reservation 
systems (CRSs) to submit reports detailing the ownership structure and governance 
models every four years and upon Commission’s request. This reporting obligation is 
meant  to  monitor  the  application  of  Article  10  of  that  Regulation,  laying  down 
specific  rules  for  parent  carriers,  which  are  in  particular  meant  to  prevent  these 
carriers  from  discriminating  against  competing  CRSs,  and  prevent  CRSs owned  by 
these  carriers  from  discriminating  against  the  parent  carriers  of  other  CRSs.  The 
2020  evaluation  of  this  Regulation3  suggested  that  this  provision  appears  to  be 
redundant  as  airlines do not  own CRSs  anymore and the submission  of the audited 
report  is  thus  no  longer  justified.  The  Commission  should  nonetheless  retain  its 
existing power to request for such reports, in order to be able to effectively enforce 
Article  10,  should  an  airline  take  a  stake  in  a  CRS  in  the  future.  The  provision 
requiring  vendors  to  inform  the  Commission  of  the  identity  of  the  auditor  before 
confirming its appointment and allowing the Commission to ask for its replacement 
is also removed. 

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3 

COM(2023)168. 
Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a 
Code  of  Conduct  for  computerised  reservation  systems  and  repealing  Council  Regulation  (EEC)  No 
2299/89, OJ L 35, 4.2.2009, p. 47 
https://ec.europa.eu/transparency/documents-register/detail?ref=SWD(2020)9&lang=en 

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• 

• 

The obligation under Regulation (EU) No 996/2010 of the European Parliament and 
of the Council4 to publish a safety review at national level is deleted. This obligation 
is  now  redundant  in  view  of  the  annual  safety  review  published  by  the  European 
Union Aviation Safety Agency (EASA).  

The obligation under Regulation (EU) No 165/2014 of the European Parliament and 
of the Council5 for Member States to report to the Commission the list of workshops 
which  may  carry  out  installations,  checks  and  repairs  of  tachographs  and  the 
obligation for the Commission to publish these lists are removed. These lists had the 
disadvantage  of  only  providing  a  snapshot  of  the  approved  workshops.  They  are 
replaced by an obligation for Member States to publish this information on a publicly 
available website and to update it on a continuous basis and for the Commission to 
publish the list of these websites. 

• 

Consistency with existing policy provisions in the policy area 

The proposal is part of a first package of measures to rationalise reporting requirements.  This 
is a step in a continuous process looking comprehensively at existing reporting requirements, 
with a view to assess their continued relevance and to make them more efficient.  

The rationalisation introduced by these measures will not affect the achievement of objectives 
in the policy area, as they do not interfere with the compliance of the Member States with the 
underlying obligations. 

• 

Consistency with other Union policies 

Under the Regulatory Fitness and Performance Programme (REFIT), the Commission ensures 
that  its  legislation  is  fit  for  purpose,  targeted  to  the  needs  of  stakeholders  and  minimizes 
burdens  while  achieving  its  objectives.  These  proposals  are  therefore  part  of  the  REFIT 
programme,  reducing  the  complexity  of  reporting  burdens  arising  from  the  EU  legal 
environment. 

While  certain  reporting  requirements  are  essential,  they  need  to  be  as  efficient  as  possible, 
avoiding overlaps, removing unnecessary burdens and using as much as possible digital and 
interoperable solutions.  

The current proposals rationalise reporting requirements thus making the achievement of the 
objectives  of  legislation  more  efficient  and  less  burdensome  for  public  authorities  and  for 
companies. 

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Regulation (EU) No 996/2010 of the European Parliament and of the Council  of 20 October 2010 on 
the  investigation  and  prevention  of  accidents  and  incidents  in  civil  aviation  and  repealing  Directive 
94/56/EC, OJ L 295 12.11.2010, p. 35. 

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. 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  of  Regulation  (EC)  No  80/2009  are  Articles  71  and  80(2)  of  the  Treaty 
establishing the European Community, now respectively Articles 91 and 100(2) of the Treaty 
on the functioning of the European Union (TFEU), that of Regulation (EU) No 165/2014 is 
Article  91  TFEU  and  that  of  Regulation  (EU)  No  996/2010  is  Article  100(2)  TFEU. 
Therefore,    the  legal  basis  of  the  proposed  Regulation  should  be  Articles  91  and  100(2) 
TFEU. 

• 

Subsidiarity  

The  reporting  requirements  concerned  are  imposed  by  EU  law.  Their  rationalisation  is 
therefore  best  done  at  EU  level  to  ensure  legal  certainty  and  consistency  of  reporting.  This 
will  ensure  a  level  playing  field  for  companies  and  public  administrations  across  the  EU, 
which will be benefiting from the rationalisation of reporting requirements arising from these 
proposals. 

• 

Proportionality 

The  rationalisation  of  reporting  requirements  simplifies  the  legal  framework  by  introducing 
minimum changes to existing requirements that do not affect the substance of the wider policy 
objective.  The  proposal  is  therefore  limited  to  those  changes  that  are  necessary  to  ensure 
efficient  reporting  without  changing  any  of  the  substantial  elements  of  the  legislation 
concerned.  

• 

Choice of the instrument 

The  proposed  Regulation  amends  three  Regulations  that  have  a  compatible  legal  basis  and 
does so only in relation to reporting requirements. These amendments are therefore suitable to 
be included in a single legislative proposal.   

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholder consultations 

3. 

• 

N/A 

• 

N/A 

• 

Collection and use of expertise 

These  proposals  have  been  identified  following  a  process  of  internal  scrutiny  of  existing 
reporting  obligations  and  based  on  the  experience  from  implementation  of  the  related 
legislation.  Since  this  is  a  step  in  the  process  of  continuous  assessment  of  reporting 
requirements arising from EU legislation, the scrutiny of such burdens and of their impact on 
stakeholders will continue. 

• 

Impact assessment 

The  proposal  concerns  limited  and  targeted  changes  of  legislation  in  view  of  rationalising 
reporting  requirements.  They  are  based  on  experience  from  implementing  legislation.  The 
changes  do not  have significant  impacts  on the policy, but  only ensure a more efficient  and 

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effective implementation. Their targeted nature and the lack of relevant policy options make 
an impact assessment not necessary.  

• 

Regulatory fitness and simplification 

This  is  a  REFIT  proposal,  aiming  to  simplify  legislation  and  cut  burdens  for  stakeholders, 
particularly public authorities.  

With the proposal to amend Regulation (EC) No 80/2009, vendors of CRSs will be relieved of 
the obligation, and thus its related costs, to submit audited reports to the Commission every 
four years. The obligation to submit such reports in case the Commission requests it remains 
applicable,  but  is  no  longer  subject  to  the  obligation  for  these  companies  to  pre-notify  the 
identity of the auditor to the Commission  before the appointment and for the possibility for 
the  Commission  to  request  a  change  in  the  auditor,  which  were  both  burdensome  and 
potentially costly obligations.  

The  proposal  to  remove  the  obligation  for  national  administrations  to  produce  an  annual 
safety review in the field of aviation is relieving them of an administrative burden. 

As regards the reporting obligation in Regulation (EU) No 165/2014 requiring Member States 
to report on approved workshops that may install, check or repair tachographs – and the cards 
issued to those workshops – the proposed system is more rational and efficient as the list of 
such  workshops  will  be  continually  updated,  to  the  benefit  of  enforcement  authorities  and 
operators.  Indeed,  the  current  reporting  system  only  provides  a  snapshot  of  the  approved 
workshops, and in particular the cards issued to them. Since the cards issued to workshops are 
valid only for one year, the lists sent by Member States to the Commission gradually become 
outdated  over  the  following  year,  before  becoming  almost  entirely  obsolete  nearly  one  year 
later. Keeping updated lists publicly available reduces implementation and enforcement costs, 
for drivers and operators,  by ensuring that  they have access  to  the  approved workshops and 
fitters,  in  particular  in  other  Member  States,  as  well  as  for  enforcement  authorities,  which 
would  otherwise  need  to  check  these  lists  for  enforcement  purposes.  Member  States  which 
already  have  such  a  website  will  not  see  any  change  in  the  administrative  burden  of  this 
proposal.   

• 

Fundamental rights 

N/A 

4. 

N/A 

5. 

• 

N/A 

BUDGETARY IMPLICATIONS 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Detailed explanation of the specific provisions of the proposal  

Article 1 amending  Regulation (EC) No 80/2009 

Article  12  of  Regulation  (EC)  No  80/2009  currently  provides  that  every four  years  or  upon 
request of the Commission, vendors of CRSs must submit an independently audited report to 

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detailing  the  ownership  structure  and  governance  model.  Moreover,  they  must  inform  the 
Commission of the identity of the auditor and the Commission may request the auditor to be 
replaced.  Under  the  amended  proposal,  vendors  will  only  be  required  to  submit  an 
independently audited report upon request of the Commission. 

Article 2 amending Regulation (EU) No 996/2010 

Article 4(5) of Regulation (EU) No 996/2010 currently requires Member States to publish a 
yearly safety review. Article 2 of the proposal deletes this provision on the grounds that the 
annual  safety  review  is  now  published  by  the  European  Union  Aviation  Safety  Agency 
(EASA). 

Article 3 amending Regulation (EU) No 165/2014 

Article 24(5) of Regulation (EU) No 165/2014 currently requires Member States to forward to 
the Commission, on an annual basis, the list of approved workshops and cards issued to them 
and also requires the Commission to publish these lists. Article 3 of the proposal replaces this 
paragraph  with  a  paragraph  requiring  Member  States  to  publish  on  a  publicly  available 
website  and  continuously  update  the  lists  of  approved  workshops  and  the  cards  issued  to 
them.  It  also  requires  the  Commission  to  publish  the  list  of  such  national  websites  on  its 
website.  

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2023/0361 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulations (EC) No 80/2009, (EU) No 996/2010 and (EU) No 165/ 2014 as 
regards certain reporting requirements in the fields of road transport and aviation 

(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 
Articles 91 and 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 Committee1,  
Having regard to the opinion of the Committee of the Regions2,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Reporting  requirements  play  a  key  role  in  ensuring  proper  monitoring  and  correct 
enforcement of legislation. However, it is important to streamline those requirements, 
in order to ensure that they fulfil the purpose for which they were intended and to limit 
the administrative burden. 
Regulations  (EC)  No  80/20093,  (EU)  No  996/20104  and  (EU)  No  165/20145  of  the 
European Parliament and of the Council contain a number of reporting requirements in 
the fields of road transport and aviation, which should therefore be simplified, in line 

1 
2 
3 

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OJ C , , p. . 
OJ C , , p. . 
Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a 
Code  of  Conduct  for  computerised  reservation  systems  and  repealing  Council  Regulation  (EEC)  No 
2299/89 (OJ L 35, 4.2.2009, p. 47). 
Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on 
the  investigation  and  prevention  of  accidents  and  incidents  in  civil  aviation  and  repealing  Directive 
94/56/EC (OJ L 295 12.11.2010, p. 35). 
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). 

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with  the  Commission’s  Communication  on  ‘Long-term  competitiveness  of  the  EU: 
looking beyond 2030’ 6. 

(3)  More  specifically,  Article  12  of  Regulation  (EC)  No  80/2009  requires  every  system 
vendor  of  computerised  reservation  systems  (‘CRSs’)  to  submit  an  independently 
audited  report  detailing  the  ownership  structure  and  governance  model  every  four 
years, and, in addition, upon request from the Commission. 

(4) 

(5) 

(6) 

(7) 

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That auditing and reporting obligation is intended to allow the Commission to monitor 
the  application  of  Article  10  of  Regulation  (EC)  No  80/2009,  laying  down  specific 
rules for parent carriers. Those rules are in particular meant to prevent parent carriers 
from  discriminating  against  competing  CRSs  and  to  prevent  CRSs  owned  by  those 
carriers from discriminating against other carriers. The evaluation of Regulation (EC) 
No  80/2009  carried  out  in  20207  suggested  that  those  provisions  on  parent  carriers 
may be redundant as airlines no longer own CRSs, and there is no evidence that they 
would seek to acquire them if those rules did not exist. Therefore, the submission of 
audited  reports  every  four  years  is  no  longer  justified.  The  Commission  should 
nonetheless retain the power to request the audited reports when necessary, in order to 
be able to effectively enforce the parent carrier rules if required.   

Article  4(5)  of  Regulation  (EU)  No  996/2010  requires  the  publication  of  a  safety 
review at national level on an annual basis, in order to inform the public of the general 
aviation  safety  level.  That  obligation  was  intended  to  ensure  transparency  about  the 
overall  state-of-play  of  aviation  safety  in  the  Member  States,  and  notably  the 
contribution of accident investigation activities in that regard considering the context 
of  this  Regulation.  However,  it  has  become  redundant  in  view  of  the  annual  safety 
review published by the European Union Aviation Safety Agency pursuant to Article 
72(7) of Regulation (EU) 2018/1139 of the European Parliament and of the Council8 
that covers the entire Union aviation system, including accident investigations.  

Article  24(5)  of  Regulation  (EU)  No  165/2014  requires  the  competent  authorities  of 
the  Member  States  to  forward  to  the  Commission,  if  possible,  electronically,  on  an 
annual  basis,  the  lists  of  approved  fitters  and  workshops  which  may  carry  out 
installations,  checks,  inspections  and  repairs  of  tachographs  and  the  cards  issued  to 
them. The Commission is then to publish those lists on its website.  

The combination of the fact that workshop cards are valid for one year with the fact 
that  the  communication  from  Member  States  to  the  Commission  only  provides  a 
snapshot of the approved workshops and valid cards issued to them, means that over 
the course of the following year, a growing share of the workshop cards published on 
the  Commission’s  website  are  no  longer  valid.  Member  States  should  therefore  be 
required to publish that information and to update it on an ongoing basis on a publicly 
available  website.  The  Commission  should  publish  the  list  of  all  Member  States' 
websites where that information can be found. Some Member States already have such 
websites.  This  obligation  would  therefore  result  in  a  reduced  administrative  burden 

COM(2023)168. 
https://ec.europa.eu/transparency/documents-register/detail?ref=SWD(2020)9&lang=en 
Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common 
rules  in  the  field  of  civil  aviation  and  establishing  a  European  Union  Aviation  Safety  Agency,  and 
amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 
and  Directives  2014/30/EU  and  2014/53/EU  of  the  European  Parliament  and  of  the  Council,  and 
repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the 
Council and Council Regulation (EEC) No 3922/91 (OJ L 212 22.8.2018, p. 1). 

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both  for  the  Commission  and  Member  States,  and  reduced  enforcement  costs  for 
stakeholders, by ensuring a more up-to-date and effective distribution of information -. 

(8) 

Regulations  (EC)  No  80/2009,  (EU)  No  996/2010  and  (EU)  No  165/2014  should 
therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Amendments to Regulation (EC) No 80/2009 

Article 12 of Regulation (EC) No 80/2009 is replaced by the following: 

‘Article 12 

The Commission  may request  any system  vendor to  submit an independently audited report 
detailing  the  ownership  structure  and  governance  model.  Costs  related  to  the  audited  report 
shall be borne by the system vendor.’ 

Article 2 

Amendment to Regulation (EU) No 996/2010 

In Article 4 of Regulation (EU) No 996/2010, paragraph 5 is deleted. 

Article 3 

Amendment to Regulation (EU) No 165/2014 

In Article 24 of Regulation (EU) No 165/2014, paragraph 5 is replaced by the following: 

 ‘5. The competent authorities of the Member States shall publish the lists of approved fitters 
and workshops and the cards issued to them on a publicly available website, and shall ensure 
those lists are kept up to date. The Commission shall publish the list of such national websites 
on its website.’ 

Article 4 

Entry into force 
This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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