Commission Implementing Regulation (EU) 2016/480 of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings and repealing Regulation (EU) No 1213/2010 (Text with EEA relevance)
Modified by
Commission Implementing Regulation (EU) 2017/1440of 8 August 2017amending Implementing Regulation (EU) 2016/480 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings(Text with EEA relevance), 32017R1440, August 9, 2017
Commission Implementing Regulation (EU) 2023/2381of 29 September 2023amending Implementing Regulation (EU) 2016/480 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings(Text with EEA relevance), 32023R2381, October 5, 2023
Commission Implementing Regulation (EU) 2016/480of 1 April 2016establishing common rules concerning the interconnection of national electronic registers on road transport undertakings and repealing Regulation (EU) No 1213/2010(Text with EEA relevance)Article 1Subject matterThis Regulation lays down the requirements regarding the connection of the national electronic registers on road transport undertakings to the ERRU messaging system, as set out in Article 16(5) of Regulation (EC) No 1071/2009.Article 2DefinitionsFor the purpose of this Regulation and in addition to the definitions laid down in Article 2 of Regulation (EC) No 1071/2009, the following definitions shall apply:(a)"ERRU (European Registers of Road Transport Undertakings)" means a system of interconnection of national electronic registers, set up in accordance Article 16(5) of Regulation (EC) No 1071/2009;(b)"Asynchronous interface" means a process whereby a message in response to a request is returned on a new HTTP connection;(c)"Broadcast search" means a request message from a Member State addressed to all other Member States;(d)"Central hub" means the information system enabling the routing of ERRU messages between Member States;(e)"CPC" means certificate of professional competence, as referred to in Article 8(8) of Regulation (EC) No 1071/2009;(f)"Member State of infringement" means the Member State in which a transport undertaking has committed an infringement;(g)"Member State of establishment" means the Member State in which an undertaking is established;(h)"National system" means the information system set up in each Member State for the purpose of emitting, processing and responding to ERRU messages;(i)"Synchronous interface" means a process whereby a message in response to a request is returned on the same HTTP connection as the one used for the request;(j)"Requesting Member State" means the Member State emitting a request or a notification, which is then routed to the responding Member States;(k)"Responding Member State" means the Member State to whom the ERRU request or notification is directed;(l)"Clean check" means a check where no infringements are detected.Article 3Obligation to connect to ERRUMember States shall carry out the interconnection of the national electronic registers referred to in Article 16 of Regulation (EC) No 1071/2009 to ERRU in accordance with the procedures and technical requirements laid down in this Regulation.The connection to ERRU of a Member State shall be considered to be established after the completion of the connection, integration and performance tests in accordance with the instructions and under the supervision of the Commission. The maximum duration of the tests shall be six months. The Commission shall take measures in case of failure of the above-mentioned tests. If those measures prove insufficient, the Commission may withdraw the testing support until the Member State proves that sufficient progress has been made at national level regarding connection to ERRU.Article 4Technical specificationsERRU shall fulfil the technical specifications laid down in Annexes I to VII to this Regulation.Article 5Use of ERRU1.When exchanging information through ERRU, the competent authorities shall follow the procedures set out in Annex VIII to this Regulation.2.Member States shall grant control bodies in charge of roadside checks access to the Check Transport Undertaking Data functionality.3.In cases where several national control bodies are involved in roadside checks, the Member State shall decide which ones of those bodies shall be granted the access referred to in paragraph 2.Article 6RepealRegulation (EU) No 1213/2010 is hereby repealed as from the date of application of this Regulation. References to the repealed Regulation shall be construed as references to this Regulation.Article 7Entry into forceThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.It shall apply from 30 January 2019.This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX IGENERAL ASPECTS OF ERRU1.ARCHITECTUREERRU shall be composed of the following parts:1.1.A central hub, which shall be able to receive a request from the requesting Member State, validate it and process it by forwarding it to the responding Member States. The central hub will wait for each responding Member State to answer, consolidate all the answers and forward the consolidated response to the requesting Member State.1.2.A national system per Member State, which shall be fitted with an interface capable of both sending requests to the central hub and receiving the corresponding replies. National systems may use propriety or commercial software to transmit and receive messages from the central hub.1.3.All messages exchanged shall be routed through the central hub.2.MANAGEMENT2.1.The central hub shall be managed by the Commission, which shall be responsible for the technical operation and maintenance of the central hub.2.2.The central hub shall not store data for a period exceeding 6 months, other than the logging, statistical and routing data set out in Annex VII.2.3.The central hub shall not provide access to personal data, except for authorised Commission personnel, when necessary for the purpose of monitoring the technical operation, maintenance and troubleshooting.2.4.Member States shall be responsible for:2.4.1.The setup and management of their national systems, including the interface with the central hub.2.4.2.The installation and maintenance of their national system, both hardware and software, whether proprietary or commercial.2.4.3.The correct interoperability of their national system with the central hub, including the management of error messages received from the central hub.2.4.4.Taking all the measures to ensure the confidentiality, integrity and availability of the information.2.4.5.The operation of the national systems in accordance with the service levels set out in Annex VI.2.5.MOVEHUB web portalThe Commission shall provide a web based application with secured access, referred to as "MOVEHUB web portal", providing at least the following services:(a)Member State availability statistics(b)Notification of maintenance on the central hub and Member State national systems.(c)Aggregated reports(d)Contact management(e)XSD schemas2.6.Contact managementThe contact management functionality will provide each Member State with the ability to manage the contact details regarding policy, business, operational and technical categories of that Member State, being each Member State's competent authority responsible for the maintenance of its own contacts. It will be possible to view, but not edit, the contact details of the other Member States.ANNEX IIERRU FUNCTIONALITIES1.The following functionalities shall be provided through ERRU:1.1.Check Good Repute (CGR): allows the requesting Member State to send a query to one or all responding Member States, to determine the fitness of a transport manager and so the authorisation to operate a transport undertaking.1.2.Notification of Check Result (NCR): allows the Member State where the check was carried out to notify the result of a check to the Member State of establishment. When a serious infringement has been found during the check, the Member State where the infringement was detected notifies the Member State of establishment through NCR that the transport undertaking has committed a serious infringement, and may request penalties to be applied to the transport undertaking in the Member State of establishment. When no infringement has been detected during the check, NCR allows the Member State where the check has been carried out to notify the Member State of establishment the positive result of the check.1.3.Check Transport Undertaking Data (CTUD): allows the requesting Member State to send a query to the responding Member State about the following data that are specific to a transport undertaking:information about the Community Licence and the certified true copies,risk rating and risk rating band,number of vehicles at the disposal of the transport undertaking,registration number and registration country of the vehicles at the disposal of the transport undertaking,number of employees.1.4.Notification of Unfitness (NU): allows a Member State to inform all other Member States that a transport manager has been declared unfit and that as a result, its certificate of professional competence is no longer valid in any Member State.2.Other message types deemed suitable for the efficient functioning of ERRU shall be included, for instance error notifications.ANNEX IIIERRU MESSAGE PROVISIONS1.GENERAL TECHNICAL REQUIREMENTS1.1.The central hub will provide both synchronous and asynchronous interfaces for the exchange of messages. Member States may choose the most suitable technology to interface with their own applications.1.2.All messages exchanged between the central hub and the national systems must be UTF-8 encoded.1.3.Member States will ensure that their national systems can receive and process messages containing Greek or Cyrillic characters.2.XML MESSAGES STRUCTURE AND SCHEMA DEFINITION (XSD)2.1.The general structure of XML messages shall follow the format defined by the XSD schemas installed in the central hub.2.2.The central hub and the national systems shall transmit and receive messages that conform to the message XSD schema.2.3.National systems will be capable of sending, receiving and processing all messages corresponding to any of the functionalities set out in Annex II.2.4.The XML messages shall include at least the minimum requirements laid down in the Appendix to this Annex.ANNEX IVTRANSLITERATION AND NYSIIS SERVICES1.The NYSIIS algorithm implemented in the central hub shall be used to encode the names of all the transport managers in the national register.2.Member States should always use the NYSIIS key as the primary search mechanism when searching the register for a transport manager via the CGR functionality.3.Additionally, Member States may employ a custom algorithm to return additional results.4.The search results will indicate via which search mechanism a record was found, either NYSIIS, or CPC or custom.ANNEX VSECURITY REQUIREMENTS1.HTTPS must always be used for the exchange of messages between the central hub and the national systems.2.National systems will use the PKI certificates provided by the Commission for the purposes of securing the transmission of messages between the national system and the hub.3.National systems shall implement, as a minimum, certificates using the SHA-2 (SHA-256) signature hash algorithm and a 2048 bit public key length.ANNEX VISERVICE LEVELS1.National systems shall fulfil the following minimum level of service:1.1.They shall be available 24 hours a day, 7 days a week.1.2.Their availability shall be monitored by a heartbeat message issued from the central hub.1.3.Their availability rate shall be 98 %, according to the following table (the figures have been rounded to the nearest convenient unit):
An availability of
means an unavailability of
Daily
Monthly
Yearly
98 %
0,5 hours
15 hours
7,5 days
Member States are encouraged to respect the daily availability rate, however it is recognised that certain necessary activities, such as system maintenance, will require a down time of more than 30 minutes. However, the monthly and yearly availability rates remain mandatory.1.4.They shall respond to a minimum of 98 % of the requests forwarded to them in 1 calendar month.1.5.When sending Check Good Repute responses, Notification of Check Result acknowledgements, Check Transport Undertaking Data responses and Declaration of Unfitness acknowledgements in accordance with Annex VIII:1.5.1.They shall respond to requests within 10 seconds.1.5.2.The global request timeout (time within which the requestor may wait for a response) shall not exceed 20 seconds.1.5.3.They shall be able to service a request rate of 6 messages per second.1.6.National systems will not send requests to the ERRU hub at a rate exceeding 2 requests per second.1.7.Every national system shall be able to cope with potential technical problems of the central hub or national systems in other Member States. These include, but are not limited to:(a)Loss of connection to the central hub(b)No response to a request(c)Receipt of responses after message timeout(d)Receipt of unsolicited messages(e)Receipt of invalid messages2.The central hub shall:2.1.Feature an availability rate of 98 %.2.2.Provide to national systems notification of any errors, either via the response message or via a dedicated error message. The national systems, in turn, shall receive these dedicated error messages and have an escalation workflow in place to take any appropriate action to rectify the notified error. The escalation procedure should be detailed to the Commission upon request.3.MaintenanceMember States shall notify other Member States and the Commission of any routine maintenance activities via the web application, at least 1 week before the beginning of those activities if technically possible.ANNEX VIILOGGING AND STATISTICS1.This annex provides details of logging and statistical data collected at the central hub, not at the Member States.2.In order to ensure privacy, the data for statistical and routing purposes shall be anonymous. Data identifying a specific transport manager, transport undertaking, community licence or CPC will not be available for statistical purposes.3.Logging information shall keep track of all transactions for monitoring and debugging purposes, and allow the generation of statistics about these transactions.4.Personal data shall not be retained in the logs for more than 6 months after a transaction is complete. Statistical and routing information will be retained indefinitely.5.The statistical data used for reporting may include, among others:(a)The requesting Member State.(b)The responding Member State.(c)The type of message.(d)The status code of the response.(e)The date and time of the messages.(f)The response time.ANNEX VIIIUSE OF ERRU1.CHECKING THE GOOD REPUTE OF TRANSPORT MANAGERSWhen verifying through ERRU, in accordance with Article 11(4) of Regulation (EC) No 1071/2009, whether a transport manager has been declared in one of the Member States as unfit to manage the transport activities of an undertaking, Member States shall perform a broadcast CGR search by sending a Check Good Repute Request. The responding Member States shall reply to the request by sending a Check Good Repute Response.2.NOTIFICATION OF CHECK RESULTS2.1.For the notification of a serious infringement through ERRU, the Member State of infringement shall send a Notification of Check Result to the Member State of establishment with the information about the infringement. Infringements not categorised in Directive 2006/22/EC or in Regulation (EC) No 1071/2009 shall not be notified.2.2.When no infringement has been detected during the check, a Notification of Check Result shall be sent to the Member State of establishment consisting of the information about the clean check as set out in Annex III.2.3.A check shall not be considered as a clean check when minor infringements have been detected. Where only minor infringements have been detected during the check, a Notification of Check Result shall be sent to the Member State of establishment consisting of information about the date and number of minor infringements detected.2.4.The Notification of Check Result shall be sent as soon as possible, and at the latest within 6 weeks of the final decision on the infringements detected, if any, providing the information set out in Annex III.2.5.The Member State of establishment shall reply to the Notification of Check Result by sending a Notification of Check Result Response, as soon as possible and at the latest within 6 weeks of the final decision on the matter, informing of which, if any, of the penalties requested by the Member State of infringement have been imposed. If such penalties are not imposed, the Notification of Check Result Response shall include the reasons therefor. The Notification of Check Result Response shall not be necessary when the Notification of Check Result refers to a clean check.2.6.In all cases, a Notification of Check Result and a Notification of Check Result Response shall be acknowledged by means of a Notification of Check Result Acknowledgement.3.CHECKING THE TRANSPORT UNDERTAKING DATA3.1.When checking through ERRU any of the transport undertaking data referred to in point 1.3 of Annex II, a Member State shall send a Check Transport Undertaking Data Request to the Member State of establishment.3.2.The Member State of establishment shall reply by sending a Check Transport Undertaking Data Response.3.3.Queries sent through the CTUD functionality shall be carried out by entering either the name of the transport undertaking, its Community licence number or the number of any of the certified true copies, or the registration number of any of its vehicles, without being necessary to perform a query by typing more than two of the aforementioned entries.3.4.Responding Member States, when searching in their registers the result of a CTUD request on the basis of either the Community licence or the registration number of a vehicle, shall take measures to adapt the format of the data in the search request to the format of the data in the national register. In particular, Responding Member States, when searching in their registers the result of a CTUD request on the basis of either the Community licence or the registration number of a vehicle, shall ignore special characters such as hyphens or slashes. Blanks shall also be ignored.3.5.Responding Member States shall return to the requesting Member States all the information that is available through the XML messages defined in Annex III. If a part of the information requested has not been found, this shall not preclude responding Member States to provide the rest of the information requested that is available in the register, including the registration number of vehicles with no associated certified true copy.4.NOTIFYING THE UNFITNESS OF A TRANSPORT MANAGER4.1.When a transport manager has been declared to be unfit in one Member State, that Member State may send a Notification of Unfitness to all other Member States.4.2.In all cases, a Notification of Unfitness shall be acknowledged by means of a Notification of Unfitness Acknowledgement.