Article 1 Subject matter
This Regulation lays down specific and temporary measures applicable to the renewal and extension of the period of validity of certain certificates, licences and authorisations and to the postponement of certain periodic checks and periodic training in response to the extraordinary circumstances caused by the persistence of the COVID-19 crisis in the areas of road, rail and inland waterway transport and of maritime security and extends certain periods 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months in each case. The CPC shall remain valid accordingly. 2. The time limits for the completion, by the holder of a CPC, of periodic training which, by application of Article 2 of Regulation (EU) 2020/698, would otherwise have expired or would otherwise expire between 1 September 2020 and 30 June 2021 shall be deemed to be, or to have been, extended for six months or until 1 July 2021, whichever is the later. The CPC shall remain valid accordingly. 3. 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, or to have been, extended for a period of 10 months from the date indicated on each such driving licence or driver qualification card. 4. 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, which, by application of Article 2 of Regulation (EU) 2020/698, would otherwise have expired or would otherwise expire between 1 September 2020 and 30 June 2021, shall be deemed to be, or to have been, extended for six months or until 1 July 2021, whichever is the later. 5. 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months from the expiry date indicated on each such card. 6. The validity of driver qualification cards referred to in Annex II to Directive 2003/59/EC which, by application of Article 2 of Regulation (EU) 2020/698, would otherwise have expired or would expire between 1 September 2020 and 30 June 2021 shall be deemed to be, or to have been, extended for six months or until 1 July 2021, whichever is the later. 7. 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 June 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, 3 and 5, as relevant. That request may concern the period between 1 September 2020 and 30 June 2021, or the periods of 10 months specified in paragraphs 1, 3 and 5, as relevant, or both. It shall be submitted to the Commission by 31 May 2021. 8. Where, upon a request submitted in accordance with paragraph 7, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1, 3 and 5 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 . 9. Where a Member State has not been, and is not likely 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 1, 2, 3, 4, 5 or 6. The Member State shall inform the Commission about its decision by 3 March 2021. 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, 3, 4, 5 or 6 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, 2, 3, 4, 5 or 6 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months from the date of expiry referred to in each such driving licence. 2. The validity of the driving licences referred to in Article 7 of Directive 2006/126/EC and point 3(d) of Annex I to that Directive, which, by application of Article 3 of Regulation (EU) 2020/698, would otherwise have expired or would otherwise expire between 1 September 2020 and 30 June 2021, shall be deemed to be, or to have been, extended for six months or until 1 July 2021, whichever is the later. 3. Where a Member State considers that the renewal of driving licences is likely to remain impracticable beyond 30 June 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 June 2021 or the period of 10 months, or both. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 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 not likely to be, confronted by difficulties that rendered the renewal of driving licences impracticable during the period between 1 September 2020 and 30 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraph 1 or 2. The Member State shall inform the Commission about its decision by 3 March 2021. 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 or 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 or 2 that apply in another Member State.
Article 4 Extension of time limits provided for in Regulation (EU) No 165/2014
1. Notwithstanding Article 23 of Regulation (EU) No 165/2014, the regular inspections provided for in paragraph 1 of that Article which would otherwise have had to or would otherwise have to be carried out between 1 September 2020 and 30 June 2021 in accordance with that paragraph shall be carried out no later than 10 months following the date on which they 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 June 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 June 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 June 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 June 2021, the period of 10 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 31 May 2021. 5. Where, upon a request submitted in accordance with paragraph 4, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 not likely 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 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 Article 5(1) and Article 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 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 June 2021 or the period of 10 months, or both. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 not likely 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 6 Extension of time limits provided for in Regulation (EC) No 1071/2009
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 June 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, points (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 June 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 23 February 2021 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, points (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 23 February 2021. 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months. 3. Where a Member State considers that the renewal of Community licences or of driver attestations is likely to remain impracticable beyond 30 June 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 June 2021 or the period of 10 months, or both. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 not likely 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months. Certified true copies shall remain valid accordingly. 2. Notwithstanding Article 8(3) of Regulation (EC) No 1073/2009, decisions on applications for authorisation of regular services submitted by the carrier between 1 September 2020 and 30 June 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 June 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 June 2021 or the period of 10 months, or both. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 not likely to be, confronted by difficulties that rendered the renewal of Community licences impracticable during the period between 1 September 2020 and 30 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 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 June 2021 or the period of 10 months specified in paragraphs 1 and 2 respectively, or both. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 not likely 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 1 and 2 of this Article. The Member State shall inform the Commission about its decision by 3 March 2021. 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 10 Extension of time limits provided for in Directive 2004/49/EC
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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 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 June 2021 or the periods of 10 months specified in paragraphs 1 and 2 respectively, or both. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 not likely 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 11 Extension of time limits provided for in Directive 2007/59/EC
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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 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 June 2021 or the period of 10 months specified in paragraphs 1 and 2 respectively, or both. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 not likely 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 12 Extension of time limits provided for in Directive 2012/34/EU
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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 and 30 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 June 2021 not later than 10 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 June 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 June 2021 or the period of 10 months, or both. It shall be submitted to the Commission by 31 May 2021. 5. Where, upon a request submitted in accordance with paragraph 4, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 not likely 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 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 June 2021, finds that a railway undertaking can no longer meet the requirements relating to financial fitness referred to in Article 20 of that Directive, it may, before 30 June 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 satisfactory financial reconstruction of the railway undertaking within the following seven months.
Article 14 Extension of time limits provided for in Directive 96/50/EC
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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months. The boatmasters’ certificates of persons subject to the 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 June 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 June 2021 or the period of 10 months specified in paragraph 1, or both. It shall be submitted to the Commission by 31 May 2021. 3. Where, upon a request submitted in accordance with paragraph 2, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 not likely 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 June 2021 shall be deemed to be, or to have been, extended for a period of 10 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 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 June 2021, shall be deemed to be, or to have been, extended for a period of 10 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 June 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 June 2021 or the periods of 10 months specified in paragraphs 1 and 2 respectively, or both. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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 paragraph 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 not likely to be, confronted by difficulties that rendered the renewal of Union inland navigation certificates or of documents referred to in paragraphs 1 and 2 impracticable during the period between 1 September 2020 and 30 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 June 2021 shall be deemed to be, or to have been, extended until 30 September 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 June 2021 shall be deemed to be, or to have been, extended by 10 months in each case, but in any event not beyond 30 September 2021. 3. Where a Member State considers that the carrying out of port facility security assessments referred to in Article 3(6) of Regulation (EC) No 725/2004 or of 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 is likely to remain impracticable beyond 30 June 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 of this Article, as relevant. That request may concern the period between 1 September 2020 and 30 June 2021, the deadlines or the period of 10 months specified in paragraphs 1 and 2 of this Article respectively, or any combination thereof. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of security, 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 not likely to be, confronted by difficulties that rendered the carrying out of port facility security assessments referred to in Article 3(6) of Regulation (EC) No 725/2004 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 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 1 and 2 of this Article. The Member State shall inform the Commission about its decision by 3 March 2021. The Commission shall inform the other Member States thereof and shall publish a notice in the Official Journal of the European Union .
Article 17 Extension of time limits provided for in Directive 2005/65/EC
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 June 2021 shall be deemed to be, or to have been, extended by 10 months in each case, but in any event not beyond 30 September 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 June 2021 shall be deemed to be, or to have been, extended by 10 months in each case, but in any event not beyond 30 September 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 June 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 June 2021, the deadlines or the periods of 10 months specified in paragraphs 1 and 2 respectively, or any combination thereof. It shall be submitted to the Commission by 31 May 2021. 4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of security, 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 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 not likely 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 impracticable during the period between 1 September 2020 and 30 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, 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 by 3 March 2021. 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 adopted pursuant to Regulation (EU) 2020/698
This Regulation shall not affect the rights of Member States under Commission decisions, adopted pursuant to Article 2(6), Article 3(3), Article 4(5), Article 11(4), Article 16(6) and Article 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 and application
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 6 March 2021. However, Article 2(9), Article 3(5), Article 4(6), Article 5(5), Article 7(5), Article 8(5), Article 9(5), Article 10(5), Article 11(5), Article 12(6), Article 14(4), Article 15(5), Article 16(5) and Article 17(5) shall apply from 23 February 2021. The first, second and third paragraphs of this Article do not affect the retroactive effects provided for in Articles 2 to 18.