Procedure : 2018/0140(COD)
Document stages in plenary
Document selected : A8-0060/2019

Texts tabled :

A8-0060/2019

Debates :

Votes :

PV 12/03/2019 - 9.5
CRE 12/03/2019 - 9.5

Texts adopted :

P8_TA(2019)0139

REPORT     ***I
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4.2.2019
PE 629.586v02-00 A8-0060/2019

on the proposal for a regulation of the European Parliament and of the Council on electronic freight transport information

(COM(2018)0279 – C8‑0191/2018 – 2018/0140(COD))

Committee on Transport and Tourism

Rapporteur: Claudia Schmidt

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on electronic freight transport information

(COM(2018)0279 – C8‑0191/2018 – 2018/0140(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0279),

–  having regard to Article 294(2) and Articles 91, 100(2) and 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0191/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of …(1)

–  having regard to the opinion of the European Committee of the Regions of ….(2)

–  having regard to Rules 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism (A8-0060/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The efficiency of freight transport and logistics is vital for the competitiveness of the Union economy, the functioning of the internal market and the social and economic cohesion of all regions of the Union.

(1)  The efficiency of freight transport and logistics is vital for the growth and competitiveness of the Union economy, the functioning of the internal market and the social and economic cohesion of all regions of the Union.

Amendment    2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a)  The purpose of this Regulation is to reduce the costs of processing transport information between authorities and economic operators, to improve the enforcement capabilities of the authorities and to encourage the digitalisation of the freight transport and logistics.

Amendment    3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  The movement of goods is accompanied by a large amount of information which is still exchanged in paper format, among businesses and between businesses and the public authorities. The use of paper documents represents a significant administrative burden for logistic operators.

(2)  The movement of goods is accompanied by a large amount of information which is still exchanged in paper format, among businesses and between businesses and the public authorities. The use of paper documents represents a significant administrative burden and an additional cost for logistic operators and related industries (such as trade and manufacturing), in particular for SMEs, and has a negative impact on the environment.

Amendment    4

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market. Further digitalisation of enforcement tools is essential in order to free up enforcement capacity, reduce unnecessary administrative burdens on international transport operators and in particular SMEs, better target high-risk transport operators and detect fraudulent practices. This digital, "smart" enforcement necessitates all relevant information to become paperless and be available for competent authorities in electronic form. Therefore, the use of electronic transport documents should in the future become the rule. Furthermore, in order to provide enforcement officials, including those performing roadside checks, with a clear and complete overview of the transport operators being checked, they should have direct and real-time access to all relevant information, so as to be able to detect infringements and abnormalities quicker and more efficiently.

Justification

The transport sector is seriously lagging behind in the digitalization of freight information. This hampers the efficiency of the sector and the supply chain and complicates efficient and effective enforcement of the rules by competent authorities. The use of electronic documents should therefore in the future become the rule. This will free up enforcement capacity, reduce unnecessary administrative burden on transport operators, better target high-risk operators and detect fraudulent practices.

Amendment    5

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)  The absence of a uniform legal framework at Union level requiring public authorities to accept relevant freight transport information, required by legislation, in electronic form, is considered to be the main reason for the lack of progress towards the simplification and greater efficiency made possible by available electronic means. The lack of acceptance by public authorities of information in electronic form affects not only ease of communication between them and operators but, indirectly, also hampers the development of simplified business-to-business electronic communication across the Union.

(3)  The absence of a uniform legal framework at Union level requiring public authorities to accept relevant freight transport information, required by legislation, in electronic form, is considered to be the main reason for the lack of progress towards the simplification and greater efficiency made possible by available electronic means. The lack of acceptance by public authorities of information in electronic form affects not only ease of communication between them and operators but, indirectly, also hampers the development of simplified business-to-business electronic communication across the Union and will lead to an increase in administrative costs, especially for SMEs.

Amendment    6

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  Some areas of Union transport law require competent authorities to accept digitised information, but this concerns by far not all relevant Union legislation. It should be possible to use electronic means to make regulatory information on freight transport available to the authorities throughout the territory of the Union and in respect of all relevant phases of transport operations conducted within the Union. Furthermore, that possibility should apply to all regulatory information, in all transport modes.

(4)  Some areas of Union transport law require competent authorities to accept digitised information, but this concerns by far not all relevant Union legislation. To reduce administrative burdens and to make controls and countering infringements more efficient, it should always be possible to use electronic means to make regulatory information on freight transport available to the authorities throughout the territory of the Union and in respect of all relevant phases of transport operations conducted within the Union. Furthermore, that possibility should apply to all regulatory information, in all transport modes. Member States should accept electronic transport documents in general, and ratify and apply the e-CMR protocol without delay. Therefore, authorities should communicate electronically with the economic operators concerned as regards regulatory information and make their own data digitally available, in line with applicable law.

Amendment    7

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)  In order to reduce administrative burden and to free up scarce enforcement capacity, economic operators should be required to provide electronically regulatory information to Member States’ competent authorities and Member States’ competent authorities should communicate electronically with the economic operators concerned as regards the provision of regulatory information.

Amendment    8

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)  Since this Regulation is only intended to facilitate the provision of information, specifically, by electronic means, it should not affect the provisions of Union or national law determining the content of regulatory information and, in particular, should not impose any additional regulatory information requirements. While this Regulation is intended to allow compliance with regulatory information requirements through electronic means rather by means of paper documents, it should not otherwise affect the relevant Union provisions on requirements regarding the documents to be used for the structured presentation of the information in question. The provisions of Union legislation on shipments of waste containing procedural requirements for the shipments as should equally remain unaffected by this Regulation. This Regulation should also be without prejudice to the provisions on reporting obligations set out in Regulation (EU) No 952/2013 or in implementing or delegated acts adopted under its terms.

(6)  Since this Regulation is only intended to facilitate and encourage the provision of information between economic operators and administrative bodies, specifically, by electronic means, it should not affect the provisions of Union or national law determining the content of regulatory information and, in particular, should not impose any additional regulatory information requirements. Since this Regulation is intended to allow compliance with regulatory information requirements through electronic means rather by means of paper documents, it should enable the development of European Platforms in order to exchange and easily share the information. It should not otherwise affect the relevant Union provisions on requirements regarding the documents to be used for the structured presentation of the information in question. The provisions of Union legislation on shipments of waste containing procedural requirements for the shipments as should equally remain unaffected by this Regulation. This Regulation should also be without prejudice to the provisions on reporting obligations set out in Regulation (EU) No 952/2013 or in implementing or delegated acts adopted under its terms. However, the Commission should assess if the provisions regarding the content of regulatory information requirements regarding the transport of goods on the territory of the Union need to be adapted in order to improve the enforcement capabilities of the competent authorities.

Amendment    9

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)  In defining those specifications, due account should be taken of relevant data exchange specifications laid down in relevant Union law, and in relevant European and international standards for multimodal data exchange, as well as of the principles and recommendations set out in the European Interoperability Framework27 , which provides an approach to the delivery of European digital public services commonly agreed by the Member States. Due care should also be taken that these specifications remain technology neutral and open to innovative technologies.

(9)  In defining those specifications, due account should be taken of relevant data exchange specifications laid down in relevant Union law, and in relevant European and international standards for multimodal data exchange, including the GDPR provisions. Investments made by economic operators and therefore already existing mode specific data models should also be taken into account, as well as the principles and recommendations set out in the European Interoperability Framework27, which provides an approach to the delivery of European digital public services commonly agreed by the Member States. Furthermore, the proper engagement of all relevant stakeholders is important in the development and preparation of those specifications. Due care should also be taken that these specifications remain technology neutral and open to innovative technologies.

__________________

__________________

27 European Interoperability Framework – Implementation Strategy, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (COM(2017) 134).

27 European Interoperability Framework – Implementation Strategy, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (COM(2017) 134).

Amendment    10

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  To build the confidence of both the Member States authorities and the economic operators as regards the compliance of the eFTI platforms and eFTI services providers with those requirements, the Member States competent authorities should put in place a certification system underpinned by accreditation in accordance with Regulation (EC) 765/2008 of the European Parliament and of the Council28 .

(11)  To build the confidence of both the Member States authorities and the economic operators as regards the compliance of the eFTI platforms and eFTI services providers with those requirements, the Member States competent authorities should put in place a certification system underpinned by accreditation in accordance with Regulation (EC) 765/2008 of the European Parliament and of the Council28 . Due to the relatively long implementation period the Commission should assess if technologies like the blockchain technology could guarantee a similar result as the certification system while substantially bringing down costs for economic operators and Member States.

__________________

__________________

28 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218 13.8.2008, p.30).

28 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218 13.8.2008, p.30).

Amendment    11

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  In order to ensure uniform conditions for the implementation of the obligation to accept the regulatory information made available in electronic format pursuant to this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council29 .

deleted

__________________

 

29 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

 

Justification

The proposal includes a large number of issues to be established by implementing acts. These issues include access and processing rules for competent authorities and functional requirements for eFTI platforms and service providers. Since these are issues of general application and aim to supplement certain non-essential elements of the legislative act, they should all be established by delegated acts.

Amendment    12

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)  In particular, implementing powers should be conferred on the Commission to establish a common data set and subsets in relation to the respective regulatory information requirements covered by this Regulation, as well as common procedures and detailed rules for competent authorities for the access to and processing of that information where the economic operators concerned make this information available electronically, including detailed rules and technical specifications.

deleted

Justification

The proposal includes a large number of issues to be established by implementing acts. These issues include access and processing rules for competent authorities and functional requirements for eFTI platforms and service providers. Since these are issues of general application and aim to supplement certain non-essential elements of the legislative act, they should all be established by delegated acts.

Amendment    13

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)  Implementing powers should also be conferred on the Commission to establish detailed rules for the implementation of the requirements for eFTI platforms and for eFTI services providers.

deleted

Justification

The proposal includes a large number of issues to be established by implementing acts. These issues include access and processing rules for competent authorities and functional requirements for eFTI platforms and service providers. Since these are issues of general application and aim to supplement certain non-essential elements of the legislative act, they should all be established by delegated acts.

Amendment    14

Proposal for a regulation

Recital 15 – indent 4 a (new)

Text proposed by the Commission

Amendment

 

-  to establish common procedures, technical specifications and detailed rules for competent authorities for the access to and processing of the respective information requirements covered by this Regulation, as well as detailed rules for the implementation of the requirements for eFTI platforms and for eFTI services providers.

Amendment    15

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20a)  The Commission should start immediately to work on the necessary delegated acts in order to avoid further delays and to ensure that economic operators and Member States have enough time to prepare.

Amendment    16

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  This Regulation establishes a legal framework for the electronic communication of regulatory information related to the transport of goods on the territory of the Union. For that purpose, this Regulation:

1.  This Regulation establishes a legal framework for the electronic communication of regulatory information related to the transport of goods on the territory of the Union, including its interoperability. For that purpose, this Regulation:

Amendment    17

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  lays down the conditions under which Member States’ competent authorities are required to accept regulatory information when made available electronically by economic operators concerned;

(a)  lays down the conditions under which Member States’ competent authorities are required to accept regulatory information provided electronically by economic operators concerned;

Amendment    18

Proposal for a regulation

Article 1 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  lays down the conditions under which the economic operators concerned are required to make regulatory information electronically available to the Member States´ competent authorities;

Amendment    19

Proposal for a regulation

Article 1 – paragraph 1 – point a b (new)

Text proposed by the Commission

Amendment

 

(ab)  lays down the conditions under which Member States’ competent authorities have to communicate electronically with the economic operators concerned as regards the provision of regulatory information.

Amendment    20

Proposal for a regulation

Article 1 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

This Regulation applies to regulatory information requirements set out in Union acts laying down the conditions for the transport of goods on the territory of the Union in accordance with Title VI of Part Three of the Treaty, or laying down the conditions for the shipments of waste. In respect of the shipment of waste, this Regulation does not apply to controls by customs offices, as provided for in the applicable Union provisionss. The Union acts to which this Regulation applies and the corresponding regulatory information requirements are listed in part A of Annex I.

This Regulation applies to regulatory information requirements set out in Union acts laying down the conditions for the transport of goods on the territory of the Union in accordance with Title VI of Part Three of the Treaty, or laying down the conditions for the shipments of waste and regulatory information requirements for the transport of goods set out in international conventions applicable in the Union. In respect of the shipment of waste, this Regulation does not apply to controls by customs offices, as provided for in the applicable Union provisions. The Union acts to which this Regulation applies and the corresponding regulatory information requirements are listed in part A of Annex I.

Amendment    21

Proposal for a regulation

Article 2 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  incorporate references to other Union legal acts governing the transport of goods, which establish regulatory information requirements;

Amendment    22

Proposal for a regulation

Article 2 – paragraph 1 – point b b (new)

Text proposed by the Commission

Amendment

 

(bb)  incorporate references to international conventions applicable in the Union establishing regulatory information requirements directly or indirectly related to the transport of goods.

Amendment    23

Proposal for a regulation

Article 4 – title

Text proposed by the Commission

Amendment

4  Requirements for economic optiterators concerned

Requirements for the economic operators concerned

Amendment    24

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Where economic operators concerned make regulatory information available electronically, they shall do so on the basis of data processed in a certified eFTI platform and, if applicable, by a certified eFTI service provider. The regulatory information shall be made available in machine-readable format and, at the request of the competent authority, in human-readable format.

Economic operators concerned shall make regulatory information available electronically. They shall do so on the basis of data processed in a certified eFTI platform, in accordance with Article 8, and, if applicable, by a certified eFTI service provider, in accordance with Article 9. The regulatory information shall be made available in machine-readable format and, at the request of the competent authority, in human-readable format.

Amendment    25

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Information in machine-readable format shall be made available via an authenticated and secure connection to the data source of an eFTI platform. Economic operators concerned shall communicate the Internet address via which the information can be accessed, together with any other elements that are necessary to allow the competent authority to uniquely identify the regulatory information.

Information in machine-readable format shall be made available via an authenticated, interoperable and secure connection to the data source of an eFTI platform. Economic operators concerned shall communicate the Internet address via which the information can be accessed, together with any other elements that are necessary to allow the competent authority to uniquely identify the regulatory information.

Amendment    26

Proposal for a regulation

Article 5 – title

Text proposed by the Commission

Amendment

Acceptance by competent authorities

Acceptance and provision of regulatory information by competent authorities

Amendment    27

Proposal for a regulation

Article 5 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Member States’ competent authorities shall communicate with the economic operators concerned concerning regulatory information electronically.

Amendment    28

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Commission shall establish the following by means of implementing acts:

The Commission is empowered to adopt delegated acts in accordance with Article 13, in order to establish the following:

Amendment    29

Proposal for a regulation

Article 7 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  common procedures and detailed rules for validating the identity of any natural person or legal entity issuing legally binding statements hereunder;

Amendment    30

Proposal for a regulation

Article 7 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Existing, standardised data models and data sets identified in international conventions that are applicable in the Union shall be used as a reference for defining these common eFTI data, procedures and rules for access.

Amendment    31

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

deleted

Amendment    32

Proposal for a regulation

Article 8 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  The eFTI platforms used for processing regulatory information shall provide functionalities that ensure that:

1.  The eFTI platforms shall be governed by the general principles of technological neutrality as well as interoperability. The eFTI platforms used for processing regulatory information shall provide functionalities that ensure that:

Amendment    33

Proposal for a regulation

Article 8 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  personal data can be processed in accordance with Regulation (EU) 2016/679;

(a)  personal data have to be processed in accordance with Regulation (EU) 2016/679;

Amendment    34

Proposal for a regulation

Article 8 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  commercial data can be processed in accordance with Article 6;

(b)  commercial data have to be processed in accordance with Article 6;

Amendment    35

Proposal for a regulation

Article 8 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  eFTI platforms and the data contained therein are interoperable;

Amendment    36

Proposal for a regulation

Article 8 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  a unique electronic identifying link can be established between the data processed and the physical shipment of a determined set of goods to which that data is related, from origin to destination, under the terms of a single transport contract, irrespective of the quantity or number of containers, packages, or pieces;

(c)  a unique electronic identifying link can be established between the data processed and the physical shipment of a determined set of goods to which that data is related, from origin to destination, under the terms of a single transport contract or consignment note;

Amendment    37

Proposal for a regulation

Article 8 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  competent authorities have immediate access to all relevant information, as provided for in national or Union legislation, in order to ensure public order and compliance with Union legal acts governing the transport of goods in accordance with Title VI of Part Three of the Treaty;

Amendment    38

Proposal for a regulation

Article 8 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h)  the data elements processed correspond to the common eFTI data set and subsets, and can be processed in any of the official languages of the Union.

(h)  the data elements processed correspond to the common eFTI data set and subsets, and can be processed in any of the official languages of the Union or co-official in a Member State.

Amendment    39

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  There shall be a standardised eFTI format which includes all regulatory information requirements listed in part A of Annex 1 and all regulatory information requirements listed in part B of Annex 1 under a designated and distinct section of the eFTI format listed by Member States.

Amendment    40

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall adopt, by means of implementing acts, detailed rules regarding the requirements laid down in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

2.  The Commission is empowered to adopt delegated acts in accordance with Article 13, in order to establish detailed rules regarding the requirements laid down in paragraph 1.

Amendment    41

Proposal for a regulation

Article 9 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  data is interoperable

Amendment    42

Proposal for a regulation

Article 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  data is stored and accessible for an appropriate period of time, in accordance with the relevant regulatory information requirements;

(b)  data is stored and accessible for four years, in accordance with the relevant regulatory information requirements;

Amendment    43

Proposal for a regulation

Article 9 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  authorities have immediate access to regulatory information concerning a freight transport operation processed by means of their eFTI platforms, when this access is given to the authorities by an economic operator concerned;

(c)  competent authorities have immediate access to regulatory information concerning a freight transport operation processed by means of their eFTI platforms, when this access is given to the competent authorities by an economic operator concerned;

Amendment    44

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall adopt, by means of implementing acts, detailed rules regarding the requirements laid down in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

2.  The Commission is empowered to adopt delegated acts in accordance with Article 13, in order to establish detailed rules regarding the requirements laid down in paragraph 1.

Amendment    45

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3.  Member States shall maintain an updated list of the accredited conformity assessment bodies, and of the eFTI platforms and eFTI service providers certified by those bodies in accordance with Articles 11 and 12. They shall make that list publicly available on an official government Internet website. The list shall be regularly updated, and by the latest by 31 March each year.

3.  Member States shall maintain an updated list of the accredited conformity assessment bodies, and of the eFTI platforms and eFTI service providers certified by those bodies in accordance with Articles 11 and 12. They shall make that list publicly available on an official government Internet website. The list shall be updated without delay each time a change to the information that it contains occurs, and by the latest by 31 May each year.

Amendment    46

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission

Amendment

4.  By 31 March each year, Member States shall submit the lists referred to in paragraph 3 to the Commission, together with the address of the website where those lists have been published. The Commission shall publish a link to those website addresses on its official webpage.

4.  By 31 May each year, Member States shall submit the lists referred to in paragraph 3 to the Commission, together with the address of the website where those lists have been published. The Commission shall publish a link to those website addresses on its official webpage.

Amendment    47

Proposal for a regulation

Article 11 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  Certification shall be performed in an independent manner to avoid distortions of competition. Compliance shall be ensured with existing, standardised platforms identified in international conventions that are applicable in the Union.

Justification

Certification of solutions and platforms are required to ensure the compliance with the eCMR protocol, data security and interoperability of the eFTI data set. Certification should be independent and countries should not favour their own solution providers. Conditions for certification need to be predefined and commonly applicable within the EU. A clear definition of the “allowed/approved” variations of signature procedures and security standards, as well as a clear definition of “data” protection, is needed.

Amendment    48

Proposal for a regulation

Article 11 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b.  Existing IT systems, that are currently used by economic operators in the transport sector to provide regulatory information and that meet the functional requirements laid down in Article 8(1), shall be certified as eFTI-platforms.

Amendment    49

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 2, Article 11(5) and Article 12(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

2.  The power to adopt delegated acts referred to in Article 2, Article 7, Article 8(2), Article 9(2), Article 11(5) and Article 12(3) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Regulation].

Amendment    50

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3.  The delegation of power referred to in Article 2, Article 11(5), Article 12(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.  The delegation of power referred to in Article 2, Article 7, Article 8(2), Article 9(2), Article 11(5), Article 12(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment    51

Proposal for a regulation

Article 13 – paragraph 4

Text proposed by the Commission

Amendment

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

4.  Delegated acts adopted in accordance with Article 2 shall apply from one year after their entry into force.

Justification

Future changes to Annex 1 will introduce new regulatory requirements in the scope of the Regulation. For the sake of legal certainty and to allow both authorities and operators with sufficient time to take the new requirement into account, it is recommended to allow for one year of transition before the application of the amended versions of the Annex.In order to effectively assess costs and benefits of each amendment, it is recommended to consult the sector representatives during the preparation of delegated acts.

Amendment    52

Proposal for a regulation

Article 13 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a.  Before adopting a delegated act, the Commission shall ensure the consultation of the stakeholders concerned and their representative bodies in the appropriate fora, namely via the group of experts established by Commission Decision C(2018) 5921final of 13.09.2018 (‘Digital Transport and Logistics Forum’).

Amendment    53

Proposal for a regulation

Article 14

Text proposed by the Commission

Amendment

Article 14

deleted

Committee procedure

 

1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

 

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

 

Justification

The proposal includes a large number of issues to be established by implementing acts. These issues include access and processing rules for competent authorities and functional requirements for eFTI platforms and service providers. Since these are issues of general application and aim to supplement certain non-essential elements of the legislative act, they should all be established by delegated acts.

Amendment    54

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1.  By [five years from the date of application of this Regulation] at the latest the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee.

1.  By ... [three years from the date of application of this Regulation] at the latest the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. This evaluation shall in particular examine the possibility of extending the scope of this Regulation to certain business-to-business information that is necessary to prove compliance with the relevant requirements in the Union legal acts governing the transport of goods in accordance with Title VI of Part Three of the Treaty.

Amendment    55

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

It shall apply from [OP insert four years from the entry into force].

It shall apply from ... [three years from the entry into force of this Regulation].

(1)

OJ C …(not yet published in the OJ)

(2)

OJ C ……(not yet published in the OJ


EXPLANATORY STATEMENT

The transport sector is still lagging behind in using digital means in comparison to other sectors of our society and economy. The large majority of freight transport operations in the EU still require the use of paper documents, leading to the situation that an international truck driver anno 2018 still needs to carry with him in the cabin a huge amount of paper hardcopies of documents. The slow uptake of digitization leads to inefficiencies for market players in the transport and logistic chains, in particular in multimodal and cross-border transport, and to an unnecessary environmental burden. Furthermore, it complicates the enforcement of the rules by national authorities, since the checks need to take place where the paper copies are. Given the fact that total freight transport movements are expected to grow by more than 50% up to 2050, the slow uptake of digitalization will become an even serious issue in the coming years.

The Commission identified two main causes for the slow uptake of electronic transport documentation: a lack of recognition of the legal equivalence of e-documents by competent authorities and a fragmented IT environment without well-established and interoperable systems with generally applicable and binding rules on electronic transport documents.

The Commission proposal (i) requires competent authorities to accept regulatory information (for certain legal acts) in electronic form, and (ii) sets up of framework of certified eFTI platforms and service providers (by conformity assessment bodies).

Your Rapporteur welcomes the Commission proposal. This proposal is long overdue, given that the sector is seriously lagging behind in digitalization compared to the rest of the economy. According to the Impact Assessment, almost 99% of all cross-border transport operations in the EU still involve paper-based documents at one stage of the operation or another. The European Parliament has been calling several times in the past for a stronger push towards paperless transport and urged for a more simplified, paperless, seamless, transparent, secured and trusted information flow between businesses, customers and authorities in this sector.

However, your Rapporteur believes that the proposal is rather limited in scope and could be strengthened further. Requiring competent authorities to accept some regulatory information in electronic form will probably not be enough to seriously push the transport sector towards going paperless. Therefore the scope of proposal should be enlarged to include other relevant regulatory information in the field of transport (e.g. Community licence, roadworthiness, driver's qualifications) in order to reduce further administrative burden. As a principle, in the future all transport related regulatory information should be sent electronically. Possibly a transition period could be put in place to allow the big amount of very small SMEs in the sector time to adjust. Furthermore, more use should be made in the future by competent authorities of all available digital information (including relevant business-to-business information such as tolling and ITS) to monitor compliance with transport legislation (such as cabotage or posting) in a smarter way. Finally, gaining and keeping the trust of operators in the safety and the security of the system is vital. Therefore, the proposed system of certified eFTI platforms and service providers, including the correct standards, specifications and access rules, is very important. The setting up of this certification system should be done rather swiftly and based on existing international standards and with the involvement of all relevant stakeholders, so that the market uptake could follow soon.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Electronic freight transport information

References

COM(2018)0279 – C8-0191/2018 – 2018/0140(COD)

Date submitted to Parliament

17.5.2018

 

 

 

Committee responsible

       Date announced in plenary

TRAN

11.6.2018

 

 

 

Committees asked for opinions

       Date announced in plenary

IMCO

11.6.2018

 

 

 

Not delivering opinions

       Date of decision

IMCO

19.6.2018

 

 

 

Rapporteurs

       Date appointed

Claudia Schmidt

3.7.2018

 

 

 

Discussed in committee

29.1.2019

 

 

 

Date adopted

29.1.2019

 

 

 

Result of final vote

+:

–:

0:

34

2

0

Members present for the final vote

Daniela Aiuto, Lucy Anderson, Marie-Christine Arnautu, Georges Bach, Izaskun Bilbao Barandica, Michael Cramer, Luis de Grandes Pascual, Andor Deli, Karima Delli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Merja Kyllönen, Miltiadis Kyrkos, Innocenzo Leontini, Bogusław Liberadzki, Peter Lundgren, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Gesine Meissner, Cláudia Monteiro de Aguiar, Dominique Riquet, Claudia Schmidt, Claudia Țapardel, Keith Taylor, Marita Ulvskog, Wim van de Camp, Janusz Zemke, Roberts Zīle, Kosma Złotowski

Substitutes present for the final vote

Michael Gahler, Stefan Gehrold, Maria Grapini, Rolandas Paksas, Jozo Radoš

Substitutes under Rule 200(2) present for the final vote

Andrey Novakov

Date tabled

4.2.2019


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

34

+

ALDE

Izaskun Bilbao Barandica, Gesine Meissner, Jozo Radoš, Dominique Riquet

ECR

Peter Lundgren, Roberts Zīle, Kosma Złotowski

EFDD

Daniela Aiuto, Rolandas Paksas

ENF

Marie-Christine Arnautu

GUE/NGL

Merja Kyllönen

PPE

Georges Bach, Wim van de Camp, Andor Deli, Michael Gahler, Stefan Gehrold, Luis de Grandes Pascual, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Cláudia Monteiro de Aguiar, Andrey Novakov, Claudia Schmidt

S&D

Lucy Anderson, Isabella De Monte, Ismail Ertug, Maria Grapini, Miltiadis Kyrkos, Bogusław Liberadzki, Claudia Țapardel, Marita Ulvskog, Janusz Zemke

VERTS/ALE

Michael Cramer, Karima Delli, Keith Taylor

2

-

ECR

Jacqueline Foster, Innocenzo Leontini

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 18 February 2019Legal notice