CELEX: 32010R1213
Language: en
Date: 2010-12-16 00:00:00
Title: Commission Regulation (EU) No 1213/2010 of 16 December 2010 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings  Text with EEA relevance

18.12.2010   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 335/21
               
            
         COMMISSION REGULATION (EU) No 1213/2010
         of 16 December 2010
         establishing common rules concerning the interconnection of national electronic registers on road transport undertakings
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to 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 (1), and in particular Article 16 thereof,
         Whereas:
         
                     (1)
                  
                  
                     In order to facilitate the interconnection of the national electronic registers as required by Article 16(5) of Regulation (EC) No 1071/2009, the Commission should adopt common rules for the implementation of this interconnection in accordance with Article 16(6) of Regulation (EC) No 1071/2009.
                  
               
                     (2)
                  
                  
                     The provisions on personal data protection, as laid down in particular by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2), apply to the processing of any personal data pursuant to Regulation (EC) No 1071/2009. In particular, Member States should implement appropriate security measures to prevent misuse of personal data.
                  
               
                     (3)
                  
                  
                     Where applicable, the provisions on personal data protection, as laid down by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3) apply to the processing of any personal data pursuant to Regulation (EC) No 1071/2009.
                  
               
                     (4)
                  
                  
                     The measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 18(1) of Council Regulation (EEC) No 3821/85 (4),
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            The common rules to enable the interconnection of the national electronic registers shall be as set out in the Annex to this Regulation.
         
         
            Article 2
            This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
            It shall apply from 31 December 2012.
         
         
            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 16 December 2010.
            
               
                  For the Commission
               
               
                  The President
               
               José Manuel BARROSO
            
         
         
            (1)  OJ L 300, 14.11.2009, p. 51.
         
            (2)  OJ L 281, 23.11.1995, p. 31.
         
            (3)  OJ L 8, 12.1.2001, p. 1.
         
            (4)  OJ L 370, 31.12.1985, p. 8.
      
      
         
            ANNEX
            The system of interconnection of national electronic registers shall be called the ERRU (European Registers of Road Transport Undertakings).
            1.   INFORMATION EXCHANGE
            1.1.   Exchange on infringements
            
            1.1.1.   Infringement Notification Message
            
            When exchanging information according to Article 13(1) of 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 (1), or Article 23(1) of 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 (2), Member States shall use messages of the following format (Infringement Notification Message):
            
                        Data type
                     
                     
                        Data item
                     
                     
                        Mandatory or optional
                     
                     
                        Additional description of data field
                     
                  
                        Notifying Member State
                     
                     
                        Notifying Member State
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                        Notifying competent authority
                     
                     
                        Notifying competent authority identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Destination Member State
                     
                     
                        Destination Member State
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                        Notification details
                     
                     
                        Notification number
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Date of notification
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Time of notification
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in form HH:MM:SS
                     
                  
                        Transport undertaking
                     
                     
                        Name
                     
                     
                        Optional
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Authorisation
                     
                     
                        Serial number of certified true copy of Community licence
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                         
                     
                     
                        Vehicle registration number
                     
                     
                        Optional
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Serious infringement
                     
                     
                        Category
                     
                     
                        Mandatory
                     
                     
                         
                     
                  
                        Type
                     
                     
                        Mandatory
                     
                     
                         
                     
                  
                        Date of infringement
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Date of check where infringement has been ascertained
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Penalties imposed and executed
                     
                     
                        Final decision date
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Penalty type imposed
                     
                     
                        Mandatory
                     
                     
                        Declaration of either:
                        
                                     
                                 
                                 
                                    ‘Warning’
                                 
                              
                                     
                                 
                                 
                                    ‘Temporary ban on cabotage operations’
                                 
                              
                                     
                                 
                                 
                                    ‘Fine’
                                 
                              
                                     
                                 
                                 
                                    ‘Prohibition’
                                 
                              
                                     
                                 
                                 
                                    ‘Immobilisation’
                                 
                              
                                     
                                 
                                 
                                    ‘Other’
                                 
                              
                  
                        If applicable: start date of penalty imposed
                     
                     
                        Optional
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        If applicable: end date of penalty imposed
                     
                     
                        Optional
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Penalties executed
                     
                     
                        Mandatory
                     
                     
                        Declaration of either:
                        
                                     
                                 
                                 
                                    ‘Yes’
                                 
                              
                                     
                                 
                                 
                                    ‘No’
                                 
                              
                                     
                                 
                                 
                                    ‘Unknown’
                                 
                              
                  
                        Penalties requested
                     
                     
                        Type of administrative penalty requested
                     
                     
                        Optional
                     
                     
                        Declaration of either:
                        
                                     
                                 
                                 
                                    ‘Warning’
                                 
                              
                                     
                                 
                                 
                                    ‘Temporary withdrawal of some or all of the certified true copies of the Community licence’
                                 
                              
                                     
                                 
                                 
                                    ‘Permanent withdrawal of some or all of the certified true copies of the Community licence’
                                 
                              
                                     
                                 
                                 
                                    ‘Temporary withdrawal of the Community licence’
                                 
                              
                                     
                                 
                                 
                                    ‘Permanent withdrawal of the Community licence’
                                 
                              
                                     
                                 
                                 
                                    ‘Suspension of the issue of driver attestations’
                                 
                              
                                     
                                 
                                 
                                    ‘Withdrawal of driver attestations’
                                 
                              
                                     
                                 
                                 
                                    ‘Issue of driver attestations subject to additional conditions in order to prevent misuse’
                                 
                              
                  
                        Requested penalty duration (calendar days)
                     
                     
                        Optional
                     
                     
                        Numeric data entry DDDDD
                     
                  1.1.2.   Infringement Response Message
            
            When exchanging information according to Article 12(3) of Regulation (EC) No 1072/2009 or Article 22(2) of Regulation (EC) No 1073/2009, Member States shall use messages of the following format (Infringement Response Message):
            
                        Data type
                     
                     
                        Data item
                     
                     
                        Mandatory or optional
                     
                     
                        Additional description of data field
                     
                  
                        Responding Member State
                     
                     
                        Responding Member State
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                        Responding competent authority
                     
                     
                        Responding competent authority identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Destination Member State
                     
                     
                        Destination Member State
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                        Destination competent authority
                     
                     
                        Destination competent authority identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Response details
                     
                     
                        Notification number
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Date of response
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Time of response
                     
                     
                        Mandatory
                     
                     
                        Numeric data field in form HH:MM:SS
                     
                  
                        Transport undertaking
                     
                     
                        Name
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Authority imposing penalty
                     
                     
                        Authority imposing penalty name
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Penalties imposed
                     
                     
                        Confirm penalty imposed
                     
                     
                        Mandatory
                     
                     
                        Declaration of either:
                        
                                     
                                 
                                 
                                    ‘Yes’
                                 
                              
                                     
                                 
                                 
                                    ‘No’
                                 
                              
                  
                        Penalty imposed
                     
                     
                        Mandatory
                     
                     
                        Declaration of either:
                        
                                     
                                 
                                 
                                    ‘Warning’
                                 
                              
                                     
                                 
                                 
                                    ‘Temporary withdrawal of some or all of the certified true copies of the Community licence’
                                 
                              
                                     
                                 
                                 
                                    ‘Permanent withdrawal of some or all of the certified true copies of the Community licence’
                                 
                              
                                     
                                 
                                 
                                    ‘Temporary withdrawal of the Community licence’
                                 
                              
                                     
                                 
                                 
                                    ‘Permanent withdrawal of the Community licence’
                                 
                              
                                     
                                 
                                 
                                    ‘Suspension of the issue of driver attestations’
                                 
                              
                                     
                                 
                                 
                                    ‘Withdrawal of driver attestations’
                                 
                              
                                     
                                 
                                 
                                    ‘Issue of driver attestations subject to additional conditions in order to prevent misuse’
                                 
                              
                                     
                                 
                                 
                                    ‘Other’
                                 
                              
                  
                        Penalty imposed date
                     
                     
                        Optional
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Penalty imposed end date
                     
                     
                        Optional
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Reason penalty not imposed
                     
                     
                        Optional
                     
                     
                        Free text alpha-numeric field
                     
                  1.2.   Checking the good repute of transport managers
            
            1.2.1.   Search Request Message
            
            When verifying in accordance with Article 11(4) of Regulation (EC) No 1071/2009 whether a transport manager is declared in one of the Member States unfit to manage the transport activities of an undertaking, Member States shall use messages of the following format (Search Request Message):
            
                        Data category
                     
                     
                        Data item
                     
                     
                        Mandatory or optional
                     
                     
                        Additional description of data field
                     
                  
                        Requesting Member State
                     
                     
                        Requesting Member State
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                        Requesting competent authority
                     
                     
                        Requesting competent authority identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Search request details
                     
                     
                        Number of search request message
                     
                     
                        Mandatory
                     
                     
                         
                     
                  
                        Date of search request
                     
                     
                        Mandatory
                     
                     
                         
                     
                  
                        Time of search request
                     
                     
                        Mandatory
                     
                     
                         
                     
                  
                        Transport manager
                     
                     
                        Given name
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Family name(s)
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Date of birth
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Place of birth
                     
                     
                        Optional
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Number of certificate of professional competence
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Date of issuance of the certificate of professional competence
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Country of issue of the certificate of professional competence
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  1.2.2.   Search Response Message
            
            When replying to a Search Request Message as foreseen under 1.2.1., Member States shall use messages of the following format (Search Response Message):
            
                        Data type
                     
                     
                        Data item
                     
                     
                        Mandatory or optional
                     
                     
                        Additional description of data field
                     
                  
                        Requesting Member State
                     
                     
                        Requesting Member State
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                        Requesting competent authority
                     
                     
                        Requesting competent authority identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Replying Member State
                     
                     
                        Replying Member State
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                        Replying competent authority
                     
                     
                        Replying competent authority identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Search response details
                     
                     
                        Number of search request message
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Date of response
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Time of response
                     
                     
                        Mandatory
                     
                     
                        Numeric data field in format (HH:MM:SS)
                     
                  
                        Search results
                     
                     
                        Status
                     
                     
                        Mandatory
                     
                     
                        Declaration of either:
                        
                                    —
                                 
                                 
                                    Found
                                 
                              
                                    —
                                 
                                 
                                    Not found
                                 
                              
                  
                        Transport manager
                     
                     
                        First given name
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Family name(s)
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Date of birth
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Place of birth
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Number of certificate of professional competence
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Date of issuance of the certificate of professional competence
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                     
                  
                        Country of issue of the certificate of professional competence
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                         
                     
                     
                        Number of undertakings managed
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry
                     
                  
                         
                     
                     
                        Number of vehicles managed
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry
                     
                  
                        Fitness
                     
                     
                        Fitness
                     
                     
                        Mandatory
                     
                     
                        Declaration of either
                        
                                    —
                                 
                                 
                                    ‘Unfit’
                                 
                              
                                    —
                                 
                                 
                                    ‘Fit’
                                 
                              
                  
                        End date till when the person is declared unfit
                     
                     
                        Optional
                     
                     
                        Numeric data entry in ISO 8601 format (YYYY-MM-DD)
                        Applicable if the Fitness is ‘Unfit’
                     
                  1.3.   Acknowledgement
            
            When acknowledging the receipt of a message, Member States shall use messages of the following format (Acknowledgement Message):
            
                        Data type
                     
                     
                        Data item
                     
                     
                        Mandatory or optional
                     
                     
                        Additional description of data field
                     
                  
                        Acknowledging Member State
                     
                     
                        Acknowledging Member State
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                        Acknowledging competent authority
                     
                     
                        Acknowledging competent authority identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Destination Member State
                     
                     
                        Destination Member State
                     
                     
                        Mandatory
                     
                     
                        Selected from two letter code ISO 3166-1 alpha 2
                     
                  
                        Destination competent authority
                     
                     
                        Destination competent authority identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Original message details
                     
                     
                        Original message identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Acknowledgement details
                     
                     
                        Acknowledgement message identifier
                     
                     
                        Mandatory
                     
                     
                        Free text alpha-numeric field
                     
                  
                        Date of acknowledgement
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in form YYYY-MM-DD
                     
                  
                        Time of acknowledgement
                     
                     
                        Mandatory
                     
                     
                        Numeric data entry in form HH:MM:SS
                     
                  2.   THE ERRU ARCHITECTURE
            The interconnection shall take the form of an XML messaging framework providing services to Member States by means of XML messages exchanged in a reliable, secure and in a choreographed (workflow) way.
            The ERRU system shall consist of a system comprising a ‘central hub’ architecture (client-server with an intelligent router) and a ‘peer to peer’ architecture. Member States can choose to use any of the above two architectures to exchange XML messages on sTESTA network (using HTTPS).
            The ERRU system is depicted in figure 1 below:
            
               Figure 1
            
            
               ERRU system
            
            Peer to peer
            Central hub
            Member States shall have two options to communicate messages, depending on the architecture which is being used by the Member States involved in the exchange: Using central hub architecture or using peer-to-peer architecture.
            The central hub shall be managed by the Commission. The Commission shall be responsible for the technical operation, the maintenance and the overall security of the sTESTA network and of the central hub. Only logging data shall be stored on this central hub. The Commission shall have no access to business data except for maintenance and debugging purposes.
            Member States shall be responsible for their national system. Member States using a peer-to-peer architecture shall be responsible for the interoperability of the peer-to-peer architecture with the central hub.
            Member States shall use for the interconnection through ERRU:
            
                        —
                     
                     
                        Standard Internet protocols (XML, HTTPS, XML Web Services), and
                     
                  
                        —
                     
                     
                        sTESTA private network of the European Commission.
                     
                  3.   STATISTICS AND LOGGING
            Member States using peer-to-peer connections shall place at the disposal of the Commission the information necessary for statistical purposes on a weekly basis.
            In order to ensure privacy, the data for statistical purposes shall be anonymous.
            Logging information shall keep track of all transactions for monitoring and debugging purposes, and to be able to generate statistics about these transactions. The following types of logging data shall be stored and monitored:
            
                        —
                     
                     
                        Application log (such as messages exchanged, including type of message, date, message structure),
                     
                  
                        —
                     
                     
                        Security log (such as logon attempts, accessing of files),
                     
                  
                        —
                     
                     
                        System log (such as system failures).
                     
                  Logging information shall not be retained for more than 6 months.
            Member States using a peer-to-peer architecture shall be responsible for logging information concerning transactions carried out through the peer-to-peer connections.
            The national contact points designated by Member States according to Article 18(1) of Regulation (EC) No 1071/2009 shall be responsible for access to exchanged data and further use and updating of data after access.
            4.   MINIMUM LEVEL OF SERVICE
            Member States shall apply the following minimum service standards with regards to ERRU:
            4.1.   Service time frame and coverage
            
            24 hours/7 days
            4.2.   Availability rate of the technical system
            
            98 %
            System Availability rate represents the percentage of successful transactions per month.
            4.3.   System response time
            
            Maximum 60 seconds.
            If a system does not meet the requested response time the Member State shall undertake all necessary steps to bring the system back to normal response time as quickly as possible.
            4.4.   Maintenance procedure
            
            Member States shall notify other Member States and the Commission of any routine maintenance activities via the maintenance portal 1 week before.
            4.5.   Incident escalation
            
            An incident is a situation where a Member State’s system is not available due to unforeseeable reasons.
            In case an incident cannot be corrected within 30 minutes the following escalation procedure shall be applied by the Member State whose system is at the origin of the incident:
            
                        (a)
                     
                     
                        notification of the incident to the other Member States and to the Commission by e-mail within 30 minutes;
                     
                  
                        (b)
                     
                     
                        immediately after the system has been restored a further message shall be sent by e-mail to inform the other Member States and the Commission that the system is back to normal.
                     
                  
               (1)  OJ L 300, 14.11.2009, p. 72.
            
               (2)  OJ L 300, 14.11.2009, p. 88.