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Legislation
An interoperable EU rail system An interoperable EU rail system SUMMARY OF: Directive (EU) 2016/797 on the interoperability of the EU’s rail system WHAT IS THE AIM OF THE DIRECTIVE? It sets out the conditions to be met to achieve interoperability * within the European Union (EU) rail system and defines the subsystems, both structural * and functional * , that make up that system. It aims to facilitate, improve and develop rail transport services within the EU and with non-EU countries, thereby contributing to the completion of the single European railway area and to the shift to more efficient types of transport. The directive is one of three legislative acts covering the technical aspects of the fourth railway package , which aims to revitalise the rail sector and deliver a better quality of service and more choice to passengers. It works alongside Regulation (EU) 2016/796 on the European Agency for Railways (see summary ) and Directive (EU) 2016/798 on railway safety (see summary ). Following the outbreak of the COVID-19 pandemic in 2020, Amending Directive (EU) 2020/700 extended the deadline for the transposition of Directive (EU) 2016/797 and Directive (EU) 2016/798 into EU Member States ’ national law. KEY POINTS Scope The directive applies to the rail system in Member States, including: vehicles and infrastructure; energy; signalling systems and telematics * applications (e.g. ticketing systems) for freight and passengers; accessibility for persons with reduced mobility; noise issues. It does not apply to: metros; trams, light rail vehicles or infrastructure used exclusively by those vehicles; networks that are functionally separated from the EU rail system and that are intended to operate only local, urban or suburban passenger services, along with companies that operate solely on these networks. Harmonised requirements The directive sets out conditions related to: the design, construction, placing in service, upgrading, renewal, operation and maintenance of the parts of the system; and the professional qualifications and health and safety conditions of the staff who contribute to its operation and maintenance. These conditions take the form of harmonised requirements covering: essential requirements with regard to: safety (e.g. components such as brakes), reliability and availability (e.g. monitoring and maintaining essential components), human health and environmental protection, technical compatibility and operation of the system, accessibility; technical specifications for interoperability for each subsystem or part of a subsystem; related EU standards and other documents allowing the bodies involved to prove their compliance with the essential requirements and technical specifications for interoperability. Conformity The directive sets out the procedures related to interoperable components and systems covering: conditions for being placed on the market; conformity or suitability for use; procedures in cases of non-compliance with essential requirements. Specific technical aspects The European Commission has adopted a series of regulations that supplement Directive (EU) 2016/797 with regard to technical aspects . Regulation (EU) No 1300/2014 on accessibility for persons with disabilities, as amended by Implementing Regulation (EU) 2019/772 , which concerns an inventory of assets with a view to identifying barriers to accessibility, providing information to users and monitoring and evaluating progress on accessibility. Implementing Regulation (EU) 2019/773 on the operation and traffic management subsystem. Regulation (EU) No 1304/2014 relating to the ‘rolling stock – noise’ subsystem, as amended by Implementing Regulation (EU) 2019/774 which specifically applies to existing freight wagons. Regulation (EU) No 454/2011 on the technical specification for interoperability relating to the ‘telematics applications for passenger services’ subsystem of the trans-European rail system, as amended most recently by Implementing Regulation (EU) 2019/775 . COVID-19 outbreak – Amending Directive (EU) 2020/700 Directive (EU) 2016/797 was due to have been transposed by 16 June 2019, with a possible extension of 1 year, i.e. by 16 June 2020. However, to provide the railway sector with greater legal certainty and flexibility to deal with the exceptional circumstances arising from the COVID-19 pandemic, Amending Directive (EU) 2020/700 was adopted to extend the transposition period of Directive (EU) 2016/797 from 16 June 2020 to 31 October 2020. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 15 June 2016 and had to become law in the Member States by 16 June 2019. Member States could apply a one-year extension until 16 June 2020. Member States that have extended the transposition period could further extend it until 31 October 2020. BACKGROUND For further information, see: Rail Transport: Landmark deal will deliver better rail services to passengers – press release (European Commission). KEY TERMS Interoperability. The ability of a rail system to allow the safe and uninterrupted movement of trains that accomplish the required level of performance. Structural subsystems. Subsystems of the rail system relating to infrastructure, energy, trackside and on-board control-command and signalling, rolling stock and other movable railway material. Functional subsystems. Subsystems of the rail system relating to operation and traffic management, maintenance, and telematics applications for passenger and freight services. Telematics. The integrated use of telecommunications with information and communications technology. MAIN DOCUMENT Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (recast) (OJ L 138, 26.5.2016, pp. 44–101). Successive amendments to Directive (EU) 2016/797 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU (OJ L 139 I , 27.5.2019, pp. 5–88). See consolidated version . Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, pp. 1–43). Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, pp. 102–149). See consolidated version Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union’s rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, pp. 110–178). See consolidated version . Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability relating to the subsystem ‘rolling stock – noise’ amending Decision 2008/232/EC and repealing Decision 2011/229/EU (OJ L 356, 12.12.2014, pp. 421–437). See consolidated version . Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system (OJ L 123, 12.5.2011, pp. 11–67). See consolidated version . last update 18.11.2021
Legislation
Air service agreements between EU and non-EU countries Air service agreements between EU and non-EU countries SUMMARY OF: Regulation (EC) No 847/2004 — negotiation and implementation of air service agreements between EU countries and non-EU countries WHAT IS THE AIM OF THIS REGULATION? It establishes a procedure for notifying and authorising negotiations conducted by European Union (EU) countries with non-EU countries on bilateral air service agreements (ASAs). It aims to ensure that existing agreements comply with EU law. KEY POINTS EU competence In November 2002, the Court of Justice of the European Union confirmed the EU’s exclusive right to negotiate, sign and conclude international ASAs with non-EU countries when they deal with matters within the EU’s exclusive competence . At the time of the Court’s ruling, a large number of ASAs existed which did not comply with EU law. Since then, a large number of these have been brought into conformity with EU law. Objective Those ASAs not complying with EU law need to be amended in order to: ensure legal certainty in such agreements for both parties; guarantee all EU airlines the right of establishment within the EU, including non-discriminatory market access to routes between all EU countries and non-EU countries where ASAs existed. Amending an ASA There are 2 ways to amend an ASA: Horizontal agreements — acting on behalf of the EU countries concerned which have bilateral ASAs with a non-EU country, the European Commission negotiates a single agreement with that non-EU country. Bilateral negotiations — amending or replacing each ASA individually. Rules and procedure for bilateral negotiations An EU country can enter into bilateral negotiations to amend or replace an ASA which falls partly within the competence of the EU if it follows the rules and procedure set out in the regulation: any relevant standard clauses , developed jointly between EU countries and the Commission, are included in such negotiations and the notification procedure is complied with; it notifies the Commission of its intentions in writing . If, within 15 working days of receiving the notification, the Commission concludes that such negotiations are likely to undermine the objectives of EU negotiations already taking place with the non-EU country and/or lead to an agreement which is incompatible with EU law , it must inform the EU country accordingly. An EU country may not enter into any new arrangement with a non-EU country that reduces the number of EU air carriers allowed to provide services between its territory and that country. FROM WHEN DOES THE REGULATION APPLY? It entered into force on 30 May 2004. BACKGROUND External Aviation Policy — Horizontal Agreements . MAIN DOCUMENT Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries (OJ L 157, 30.4.2004, pp. 7–17) Corrigendum to Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries (OJ L 157, 30.4.2004) (OJ L 195, 2.6.2004, pp. 3–6) RELATED DOCUMENTS Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (OJ L 240, 24.8.1992, pp. 8–14) Successive amendments to Regulation (EEC) No 2408/92 have been incorporated into the basic text. This consolidated version is of documentary value only. last update 13.10.2016
Legislation
Bus and coach passengers’ rights Bus and coach passengers’ rights Passengers, including those with a disability or reduced mobility, travelling by bus and coach enjoy the same rights wherever they travel in the European Union (EU). These rights, including the right to information or compensation in the case of delay or cancellation, complement similar rights for sea and inland waterway , air and rail passengers. ACT Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 SUMMARY Passengers, including those with a disability or reduced mobility, travelling by bus and coach enjoy the same rights wherever they travel in the European Union (EU). These rights, including the right to information or compensation in the case of delay or cancellation, complement similar rights for sea and inland waterway , air and rail passengers. WHAT DOES THIS REGULATION DO? The regulation sets down rules for bus and coach transport regarding regular services* for passengers travelling within the EU for distances of 250 kms or more. Some of its provisions apply to all services, including those of a shorter distance. KEY POINTS In respect of long-distance services, i.e. of more than 250 kms, the regulation provides: in situations of cancellation or following a delay of more than 90 minutes in the case of a journey of more than 3 hours, for adequate assistance e.g. snacks, meals and up to 2 nights’ hotel. accommodation; guarantee of reimbursement or rerouting in situations of overbooking or cancellation or following a delay of more than 120 minutes from the estimated time of departure; compensation of 50 % of the ticket price following more than 120 minutes’ delay from the estimated time of departure, cancellation of a journey and if the carrier fails to offer the passenger either rerouting or reimbursement; information when the service is cancelled or delayed in departure; protection of passengers in case of injury, loss or damage caused by road accidents and/or compensation in case of death; specific assistance free of charge for disabled persons and persons with reduced mobility both at terminals and on board and, where necessary, transport free of charge for accompanying people. Additionally, for distances of less than 250 kms, the regulation provides for: non-discrimination based on nationality with respect to prices and contract conditions for passengers; non-discriminatory treatment of disabled persons and persons with reduced mobility and financial compensation for loss or damage of their mobility equipment in case of accident; minimum rules on travel information for all passengers before and during their journey and general information about their rights in terminals and online; a complaint handling mechanism established by carriers and available to all passengers; independent national bodies in each EU country with the mandate to enforce the regulation and, where appropriate, to impose penalties. The regulation provides for the option of exemptions for domestic regular services and for regular services where a significant part is operated outside the EU. WHEN DOES THIS REGULATION APPLY? From 1 March 2013. BACKGROUND European Commission website on bus and coach passenger rights Following the COVID-19 outbreak and introducing measures to cope with the impact of the crisis, the European Commission adopted: Commission Notice Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19 Commission Recommendation (EU) 2020/648 of 13 May 2020 on vouchers offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the COVID-19 pandemic KEY TERMS *regular services : ordinary bus and coach services carrying passengers along specified routes with pre-determined pick-up/stopping points. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Regulation (EU) No 181/2011 20.3.2011 - OJ L 55, 28.2.2011, pp. 1-12 last update 02.06.2020
Legislation
Checks on the transport of dangerous goods by road Checks on the transport of dangerous goods by road SUMMARY OF: Directive 95/50/EC — uniform procedures for checks on the transport of dangerous goods by road WHAT IS THE AIM OF THE DIRECTIVE? It introduces a uniform EU-wide system of random checks of vehicles transporting dangerous goods by road to ensure high levels of safety. KEY POINTS The directive applies to checks carried out by EU countries on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a non-EU country. It does not apply to the transport of dangerous goods under the responsibility of the armed forces. These checks are carried out in the territory of an EU country, provided that they are not carried out as frontier checks at the internal frontiers of the EU, but as part of normal checks without discrimination . The directive has 3 annexes : Annex I — the checklist that needs to be completed during an inspection; Annex II — a list and categorisation of infringements (for example, Category I includes transport of goods not authorised for transport, absence of a consignor’s declaration on the conformity of the goods and their packaging with transport legislation , inappropriate vehicle or packaging, etc.); Annex III — model standard form for the report to be sent by the EU country to the European Commission concerning infringements and penalties recorded nationally. Checks must: cover at least the items included in the checklist in Annex I; be carried out at different places, at any time of the day; and cover a sufficiently extensive portion of the road network to make checkpoints difficult to avoid. EU countries’ authorities may immobilise consignments that do not comply. They may oblige them to be brought into conformity before continuing their journey or make them subject to other appropriate measures, depending on the circumstances or the safety requirements. This may include, where appropriate, refusal to allow such vehicles to enter the EU. Checks may also be carried out at business premises . EU countries must work together to implement this directive effectively (report infringements to the country in which the carrier is registered, share information, etc.). Each EU country must send the Commission a report for each calendar year on the application of the directive, including the particulars listed in the directive, such as: the estimated volume of dangerous goods transported by road (in tonnes transported or in tonnes/kilometres); the number of checks carried out and the number of vehicles checked by place of registration (vehicles registered nationally, in other EU countries, or in non-EU countries); the number and categories of infringements recorded; the type and number of penalties imposed. Every 3 years, the Commission must send the European Parliament and the Council a report on the application of the directive by the EU countries. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 17 October 1995 and had to become law in the EU countries by 1 January 1997. BACKGROUND For more information, see: Dangerous goods ( European Commission ). MAIN DOCUMENT Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road (OJ L 249, 17.10.1995, pp. 35-40) Successive amendments to Directive 95/50/EC have been incorporated in the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Report from the Commission to the European Parliament and the Council on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road ( COM(2017) 112 final , 6.3.2017) Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, pp. 13-59) See consolidated version . last update 03.12.2018
Legislation
EU–China maritime transport agreement EU–China maritime transport agreement SUMMARY OF: Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People’s Republic of China, of the other part Decision 2008/143/EC concerning the conclusion of the Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People’s Republic of China, of the other part WHAT IS THE AIM OF THE AGREEMENT? The agreement aims to improve the conditions under which maritime cargo transport operations are carried out. The decision concludes the agreement on behalf of the European Community, now the European Union (EU). KEY POINTS Scope The agreement covers transports to and from China, to and from the EU, as well as to and from the EU and China on the one hand and non-EU countries on the other. The agreement applies to international maritime cargo transport and logistic services, including multimodal operations involving a sea leg, between the ports of China and of the EU Member States and to international maritime cargo transport between the ports of the Member States. It also applies to cross trades * and to the movement of equipment such as empty containers, not being carried as cargo against payment, between ports of China or between ports of a Member State. Principles The agreement is based on a number of principles: the freedom to provide maritime transport services; free access to cargoes and cross trades; unrestricted access to, and non-discriminatory treatment in, the use of ports and auxiliary services and regarding commercial presence. Main elements The agreement establishes a number of specific obligations for China with regard to the EU and vice versa. It sets out the obligation of national treatment to vessels flying the EU flag and/or being operated by EU nationals and/or companies regarding: access to ports; the use of infrastructure and auxiliary maritime services of those ports, and related fees and charges; customs formalities and assignment of berths and facilities for loading and unloading. For multimodal international transport which includes a sea leg, China must allow EU shipping companies to establish wholly owned or jointly invested subsidiaries, branches or representative offices under Chinese law. Such wholly owned or jointly invested subsidiaries, branches or representative offices can employ key personnel under Chinese law. Revenues of EU nationals or companies derived from international maritime transport and multimodal operations in China can be settled in freely convertible currencies: earnings of the subsidiaries, branches and representative offices of the EU shipping companies in China can be freely remitted abroad at the exchange rate of the bank on the date of remittance. To encourage maritime cooperation within the International Maritime Organization , International Labour Organization and World Trade Organization , and within the fields of: maritime safety; marine pollution prevention; maritime education and training; enhancing efforts for combating piracy and terrorism; exchanges of personnel, scientific information and technology. DATE OF ENTRY INTO FORCE It entered into force on 1 March 2008. BACKGROUND For further information, see: EU – China maritime transport agreement enters into force – press release (European Commission). KEY TERMS Cross trades. When cargo is moved between an origin and destination without it entering the country where the shipper is registered. MAIN DOCUMENTS Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People’s Republic of China, of the other part (OJ L 46, 21.2.2008, pp. 25–36). Successive amendments to the agreement have been incorporated in the original text. This consolidated version is of documentary value only. Council Decision 2008/143/EC of 28 January 2008 concerning the conclusion of the Agreement on maritime transport between the European Community and its Member States, of the one part, and the Government of the People’s Republic of China, of the other part (OJ L 46, 21.2.2008, pp. 23–24). last update 14.01.2022
Legislation
Access to the international market for coach and bus services Access to the international market for coach and bus services SUMMARY OF: Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services WHAT IS THE AIM OF THE REGULATION? It aims to clarify and simplify the rules for the international carriage of passengers by coach and bus within the territory of the EU, and the conditions under which non-resident carriers may carry out national transport services within an EU country. It amends Regulation (EC) No 561/2006 on driving time in the road transport sector (see summary ). It repeals and replaces Regulations (EEC) No 684/92 and (EC) No 12/98 . KEY POINTS Freedom to provide services A carrier is permitted to carry out regular international carriage services , including special regular services and occasional services by coach and bus, without discrimination on grounds of nationality or place of establishment, if it: is authorised in the EU country where it is based to carry out carriage by regular services in accordance with the market access conditions in national law; fulfils EU rules on admission to the occupation of road passenger transport carrier in national and international transport operations; meets the legal requirements relating to EU standards for drivers and vehicles. EU (Community) licence The international transport of passengers by coach and bus is subject to an EU licence issued by the competent authorities of the EU country in which it is based. The licence is issued in the name of the carrier for a renewable period of up to 10 years and is non-transferable . EU countries may also decide that the EU licence is valid for national transport operations. Regular services subject to authorisation Authorisations are issued in the name of the carrier for a period of up to 5 years and are non-transferable. However, an authorised carrier may operate the service through a subcontractor, if the competent authorities in the EU country of the point of departure agree. Authorisations are issued in agreement with the competent authorities of all the EU countries in which passengers are picked up or set down. They must specify: the type of service; the route; the stops and timetable; and the period of validity. They entitle their holder to operate regular services in the territories of all EU countries over which the routes of the service pass. Authorisation, including renewal and alteration of authorisation , will be granted unless: the applicant cannot provide the necessary services with the equipment directly available to him; the applicant has not complied with national or international road transport legislation; in the case of a renewal, the conditions of authorisation have not been complied with; an EU country decides that the service concerned would seriously affect the viability of a comparable service covered by one or more public service contracts; an EU country decides that the main purpose of the service is not the carriage of passengers between different EU countries. Except in the case of force majeure * , the operator of a regular service must take all measures to guarantee a transport service that fulfils the standards of continuity, regularity and capacity, and complies with the conditions laid down by the competent authority. Cabotage * Cabotage operations are authorised for the following services: national road passenger services carried out on a temporary basis by a carrier in a host EU country; the picking up and setting down of passengers within the same EU country in the course of a regular international service, provided that cabotage is not the main purpose of the service. Controls and penalties Carriers operating a regular service must issue either individual or collective transport tickets indicating the points of departure and arrival, the period of validity of the ticket, and the fare of transport. Where a serious infringement of EU road transport legislation occurs, the competent authorities of the EU country where the carrier concerned is based must take appropriate action, which may include a warning or the imposition of administrative penalties . If a non-resident carrier seriously infringes EU road transport legislation, the EU country where the infringement occurs will send the competent authorities of EU country where the carrier is based a description of the infringement, the category, type and seriousness of the infringement, and the penalties imposed. All serious infringements must be recorded in the national electronic register of road transport undertakings. COVID-19 pandemic Regulation (EU) 2020/698 lays down specific and temporary measures in view of the COVID‐19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation. The regulation extends the validity of the community licence laid down in Regulation (EU) No 1073/2009 by 6 months. FROM WHEN DOES THE REGULATION APPLY? It has applied since 4 December 2011. Regulation (EC) No 1073/2009 revised and replaced Regulations (EEC) No 684/92 and (EC) No 12/98 (and its subsequent amendments). BACKGROUND For more information, see: Passenger transport ( European Commission ). KEY TERMS Force majeure: abnormal and unforeseeable circumstances, extraneous to the operator concerned, the consequences of which could not have been avoided, in spite of the exercise of all due care. Cabotage: national passenger transport operations carried out by non-resident carriers. MAIN DOCUMENT Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (recast) (OJ L 300, 14.11.2009, pp. 88-105) Successive amendments to Regulation (EC) No 1073/2009 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID‐19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, pp. 10-24) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, pp. 1-14) See consolidated version . last update 30.07.2020
Legislation
Commercial air transport operations Commercial air transport operations SUMMARY OF: Regulation (EU) No 965/2012 — technical requirements and administrative procedures related to air operations WHAT IS THE AIM OF THIS REGULATION? It sets out the main rules and principles for establishing and maintaining a high and uniform level of civil aviation safety in the EU , set out in Regulation (EC) No 216/2008 and now covered by Regulation (EU) 2018/1139 . KEY POINTS The regulation includes detailed rules for: air operations with aeroplanes and helicopters , including ramp inspections * of the aircraft of another country’s operators when landed at aerodromes located in the territory, subject to EU treaty rules; conditions for issuing, maintaining, amending, limiting, suspending or revoking the certificates of operators of aircraft engaged in commercial air transport operations * ; privileges and responsibilities of the certificate holders as well as conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety; conditions and procedures for the declaration by operators carrying out commercial specialised operations of aeroplanes and helicopters, or when carrying out non-commercial operations , of their capability and of the availability of the means to discharge the responsibilities associated with the operation of aircraft; conditions and procedures for the oversight of such operators; conditions under which certain high-risk commercial specialised operations shall be subject to authorisation in the interest of safety, and on the conditions for issuing, maintaining, amending, limiting, suspending or revoking such authorisations. It does not apply to: military, customs, police or similar air operations; air operations with tethered balloons and airships as well as tethered balloon flights; balloons — dedicated proportionate, risk-based operational rules have been laid down in a separate regulation — Regulation (EU) 2018/395 ; sailplanes — detailed rules for the operation of sailplanes have been adopted by means of Implementing Regulation (EU) 2018/1976 . Commission Implementing Regulation (EU) 2019/1387 introduced changes to Regulation (EU) No 965/2012 as regards the requirements for aeroplane-landing-performance calculations and the standards for assessing the runway surface conditions. It also provided an update on certain aircraft safety equipment and requirements as well as on operations that do not hold an approval for extended-range operations. In the context of the COVID-19 crisis, the deadline for implementing these rules was postponed from 5 November 2020 to 12 August 2021, as established by Regulation (EU) No 965/2012, with the adoption of Implementing Regulation (EU) 2020/1176 . FROM WHEN DOES THE REGULATION APPLY? It has applied since 28 October 2012. BACKGROUND For more information, see: Aviation safety policy in Europe ( European Commission ). KEY TERMS Ramp inspection: a check performed prior to take-off, including an inspection of documentation, flight plans and the aircraft itself. Commercial air transport operation: an aircraft operation to transport passengers, cargo or mail for profit. MAIN DOCUMENT Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, pp. 1-148) Successive amendments to Regulation (EU) No 965/2012 have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Implementing Regulation (EU) 2020/1176 of 7 August 2020 amending Implementing Regulation (EU) 2019/1387 as regards postponing dates of application of certain measures in the context of the COVID-19 pandemic (OJ L 259, 10.8.2020, pp. 10-11) Commission Implementing Regulation (EU) 2019/1387 of 1 August 2019 amending Regulation (EU) No 965/2012 as regards requirements for aeroplane landing performance calculations and the standards for assessing the runway surface conditions, update on certain aircraft safety equipment and requirements and operations without holding an extended range operational approval (OJ L 229, 5.9.2019, pp. 1-23) See consolidated version . Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, pp. 64-75) See consolidated version . Commission Regulation (EU) 2018/1042 of 23 July 2018 amending Regulation (EU) No 965/2012, as regards technical requirements and administrative procedures related to introducing support programmes, psychological assessment of flight crew, as well as systematic and random testing of psychoactive substances to ensure medical fitness of flight and cabin crew members, and as regards equipping newly manufactured turbine-powered aeroplanes with a maximum certified take-off mass of 5700 kg or less and approved to carry six to nine passengers with a terrain awareness warning system (OJ L 188, 25.7.2018, pp. 3-8) See consolidated version . Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, pp. 1-122) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, pp. 10-35) See consolidated version . last update 27.08.2020
Legislation
Protecting the sea and the food chain from the effects of organotin compounds Protecting the sea and the food chain from the effects of organotin compounds A ban on the use of certain chemical compounds on ships and nets can help protect the marine environment and human health. ACT Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships SUMMARY WHAT DOES THE REGULATION DO? This regulation incorporates the rules of the International Maritime Organisation’s (IMO) Anti-Fouling Systems (AFS) Convention* into European Union (EU) law. It aims to prohibit organotin compounds on all ships entering EU ports in order to reduce or eliminate the adverse effects of these products. KEY POINTS What are organotin compounds? Organotin compounds are chemicals from anti-fouling paints used on boat hulls and nets. These surface coatings act as biocides, designed to prevent the attachment of algae, molluscs and other organisms which slow down vessel speeds. What are their effects? They are highly toxic for sea life (larvae, mussels, oysters and fish) and, for this reason, have been banned in many EU countries. The regulation applies to : ships flying the flag of an EU country; ships not flying the flag of an EU country but operating under the authority of an EU country; ships entering a port in an EU country but not covered by the two previous points. It does not apply to any warship, naval auxiliary or other ships owned by a State, whether part of the EU or not, and used on government service. It imposes the following restrictions : from 1 July 2003 , organotin compounds which act as biocides in AFS may no longer be applied on ships flying the flag of an EU country ; from 1 January 2008, ships entering port in an EU country must either bear no coating of organotin compounds acting as biocides or must bear a second layer to prevent organotin compounds escaping from the non-compliant anti-fouling under layer. Survey and certification The regulation introduces a survey and certification system for ships flying the flag of an EU country . It requires: ships of 400 gross tonnage and above to be surveyed and certified, irrespective of the voyage; ships of 24 metres or more in length, but less than 400 gross tonnage, to simply carry a declaration of compliance with the regulation or with the AFS Convention. no survey or certification is envisaged for ships of less than 24 metres in length, i.e. mainly pleasure and fishing boats. Commission Regulation (EC) No 536/2008 , which amends the original regulation, sets out how ships flying the flag of a non EU country must comply with the restrictions. It requires: ships flying the flag of a State which is party to the AFS Convention to show their compliance through an international AFS certificate; ships flying the flag of a State which is not a party to the AFS Convention to hold a statement of compliance issued by the flag State in accordance with the AFS Convention and the Marine Environment Protection Committee (MEPC) of the IMO. KEYWORDS * International Convention on the Control of Harmful Anti-Fouling Systems : an agreement prohibiting the use of harmful organotins in anti-fouling paints used on ships and which creates a mechanism to prevent the potential future use of other harmful substances in AFS. For more information, see AFS on the European Maritime Safety Agency’s website . REFERENCES Act Date of entry into force Deadline for implementation in the Member States Official Journal Regulation (EC) No 782/2003 10.5.2003 - OJ L 115, 9.5.2003, pp. 1-11 Amending act(s) Date of entry into force Deadline for implementation in the Member States Official Journal Regulation (EC) No 536/2008 4.7.2008 - OJ L 156, 14.6.2008, pp. 10-11 Regulation (EC) No 219/2009 20.4.2009 - OJ L 87, 31.3.2009, pp. 109-154 last update 25.08.2015
Legislation
Road transport: EU rules on the organisation of the working time of professional drivers Road transport: EU rules on the organisation of the working time of professional drivers SUMMARY OF: Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities WHAT IS AIM OF THE DIRECTIVE? It sets out minimum rules for the organisation of working time for drivers supplementing Regulation (EC) 561/2006 , which lays down common rules on drivers’ driving times and rest periods . KEY POINTS The rules of the directive apply to all ‘mobile workers’ in the service of a business established in an EU country to perform road transport activities. It also applies to self-employed drivers. ‘Working time’ includes: driving; loading and unloading; helping passengers get on and off the vehicle; cleaning and technical maintenance; all other work related to the safety of the vehicle, passengers or cargo, as well as the carrying out of certain legal obligations directly related to a specific transport operation (such as customs formalities); any other time when the driver is considered to be on duty. A maximum working week is set at 48 hours; however, this can be extended to 60 hours as long as an average of 48 hours per week is not exceeded over a 4-month period. Drivers must not work more than 6 hours without a break. Such breaks must last no less than 30 minutes when a driver works between 6 and 9 hours in a day. This is in addition to the provisions of Regulation (EC) 561/2006, which sets a maximum driving limit of 4.5 hours without a break or rest. The rules of Regulation (EC) 561/2006 on rest are maintained by this directive. Drivers must take daily and weekly rest periods. Where a night shift is worked, a maximum of 10 hours can be worked in any 24-hour period. A 2014 Commission report analysed the implementation of the directive and of the regulation in 2011-2012. It found certain improvements in the application of the legislation. However, the incompleteness and inconsistency of EU countries’ submissions prevented an in-depth analysis of the effect on road safety or on the health and safety of drivers. The European Commission noted that it would launch a comprehensive evaluation of the functioning of social legislation in road transport. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 23 March 2002. It had to become law in the EU countries by 23 March 2005. BACKGROUND A 2008 Commission proposal to modify the directive to exclude self-employed drivers and to enhance its enforcement was rejected by the European Parliament . The directive initially covered only mobile workers employed by a transport company. Since March 2009, it has covered all drivers who fall in the scope of the regulation on driving times, breaks and rest periods. For more information, see: Driving time and rest periods ( European Commission ). MAIN DOCUMENT Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, pp. 35-39) RELATED DOCUMENTS Report from the Commission to the European Parliament and the Council on the implementation in 2011-2012 of Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (27th report from the Commission on the implementation of the social legislation relating to road transport) ( COM(2014) 709 final , 21.11.2014) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, pp. 1-14) Successive amendments to Regulation (EC) No 561/2006 have been incorporated in the original text. This consolidated version is of documentary value only. last update 20.08.2020
Legislation
Interbus Agreement: the international occasional carriage of passengers by coach and bus Interbus Agreement: the international occasional carriage of passengers by coach and bus SUMMARY OF: Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) Decision 2002/917/EC — conclusion of the Interbus Agreement on the international occasional carriage of passengers by coach and bus WHAT IS THE AIM OF THE AGREEMENT AND OF THE DECISION? The agreement aims to achieve a corresponding degree of liberalisation to that attained under the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR) , signed in Dublin in May 1982. The decision marks the conclusion of the agreement on behalf of the European Communities (now the EU ). KEY POINTS The agreement applies to the international carriage of passengers, of any nationality, and to unladen journeys of the buses and coaches concerned with these services on the territories of the EU, and in Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, Montenegro, Republic of Moldova, Turkey and Ukraine. The agreement: governs traffic not only between the EU and the non-EU countries concerned but also between the non-EU countries themselves, thus establishing a degree of fiscal, social and technical harmonisation in addition to market access rules; allows for accession, subsequent to its entry into force, by any member of the European Conference of Ministers of Transport, and by San Marino, Monaco and Andorra; replaces the bilateral agreements on the subject matter concluded between the contracting parties; incorporates most of the liberalisation measures of the ASOR Agreement while adding social, fiscal and technical measures based on the principle of non-discrimination between the various contracting parties. The principle of non-discrimination on grounds of nationality or the place of establishment of the transport operator, and of the origin or destination of the bus or coach is a basic condition applying to the supply of international transport services. To simplify inspection procedures , the agreement sets out uniform models for : transport documents , such as the control document for liberalised occasional services, and the authorisation and the application form for non-liberalised services. Buses and coaches are exempted from: all vehicle taxes and charges levied on the circulation or possession of vehicles ; all special taxes or charges levied on transport operations in the territory of the other contracting parties. However, buses and coaches are not exempted from: payment of taxes and charges on motor fuel; value-added tax on transport services; road tolls and user charges levied on the use of infrastructure. A Joint Committee is established, responsible for the management and proper application of the agreement. In particular, it is responsible for: drawing up a list of the authorities responsible for certain tasks provided for under the agreement; amending or adapting the control documents and other models of documents established in the annexes to the agreement; amending or adapting the annexes concerning the technical standards applicable to buses and coaches; drawing up a list, on the basis of information provided by the contracting parties, of all customs duties, taxes and charges; amending or adapting the requirements concerning the social provisions in order to incorporate future measures taken within the EU; resolving any dispute over the implementation and interpretation of the agreement; recommending further steps towards the liberalisation of those occasional services still subject to authorisation. The agreement was concluded for a period of 5 years, dating from its entry into force. The duration is automatically extended for successive periods of 5 years among those contracting parties who do not express their wish not to do so. FROM WHEN DOES THE AGREEMENT APPLY? The agreement entered into force on 1 January 2003. MAIN DOCUMENTS Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (OJ L 321, 26.11.2002, pp. 13-43) Council Decision 2002/917/EC of 3 October 2002 on the conclusion of the Interbus Agreement on the international occasional carriage of passengers by coach and bus (OJ L 321, 26.11.2002, pp. 11-12) RELATED DOCUMENTS Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, pp. 51-128) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, pp. 1-33) Council Decision 2010/308/EU of 11 March 2010 concerning the position of the European Union regarding draft Decision 1/2003 and draft Recommendation 1/2003 of the Joint Committee set up under the Interbus Agreement on the international occasional carriage of passengers by coach and bus (OJ L 138, 4.6.2010, pp. 11-23) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, pp. 51-71) See consolidated version . Information on the entry into force of the Interbus Agreement on the international occasional carriage of passengers by coach and bus (OJ L 321, 26.11.2002, p. 44) Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, pp. 59-75) See consolidated version . Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, pp. 27-28) See consolidated version . Council Regulation (EEC) No 56/83 of 16 December 1982 concerning the implementation of the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR) (OJ L 10, 13.1.1983, pp. 1-3) Council Decision 82/505/EEC of 12 July 1982 concluding the Agreement on the International Carriage of Passengers by Road by means of Occasional Coach and Bus Services (ASOR) (OJ L 230, 5.8.1982, p. 38) Agreement on the International Carriage of Passengers by Road by means of Occasional Coach and Bus Services (ASOR) (OJ L 230, 5.8.1982, pp. 39-56) last update 25.09.2018
Legislation
Road safety: EU database on road traffic accidents Road safety: EU database on road traffic accidents SUMMARY OF: Decision 93/704/EC on the creation of an EU database on road accidents WHAT IS THE AIM OF THE DECISION? It sets up CARE — the EU’s database on road accidents. KEY POINTS EU countries must: record statistics on road traffic accidents involving at least one vehicle and causing deaths or injuries taking place in their country; pass on those data each year to the European Commission ( Eurostat ). The European Commission must ensure that the data received are disseminated, that the database functions properly and decides on the conditions for access to statistics, and on any publications, in cooperation with the CARE Experts Working Group. The Commission, following 3 years of this decision’s implementation, had to prepare a report for the Council on the results obtained and on the resulting indicators for continuing the activities. The conclusions of the report were generally positive. Some improvements were suggested such as: harmonising the accident data; providing new information in order to round off the comparative international analyses; improving cooperation between EU countries, as this plays an essential part in data management and quality, and in the development of a policy on CARE user access and application. FROM WHEN DOES THE DECISION APPLY? It has applied since 22 December 1993. BACKGROUND For more information, see: Road safety ( European Commission ). MAIN DOCUMENT Council Decision 93/704/EC of 30 November 1993 on the creation of a Community database on road accidents (OJ L 329, 30.12.1993, pp. 63-65) Successive amendments to Decision 93/704/EC have been incorporated into the basic text. This consolidated version is of documentary value only. RELATED DOCUMENTS Report from the Commission on progress with the project and its future prospects — CARE: Community database on road traffic accidents — Council Decision of 30 November 1993 (93/704/EC) ( COM(97) 238 final , 26.5.1997) last update 18.04.2018
Legislation
Euro-Mediterranean aviation agreement between the EU and Israel Euro-Mediterranean aviation agreement between the EU and Israel SUMMARY OF: Euro-Mediterranean aviation agreement between the EU and its Member States of the one part and Israel of the other part Decision 2013/398/EU on the signing, on behalf of the EU, and provisional application of the Euro-Mediterranean aviation agreement between the EU and its Member States of the one part and Israel of the other part Decision (EU) 2020/952 concluding, on behalf of the EU, the Euro-Mediterranean aviation agreement between the EU and its Member States of the one part and Israel of the other part WHAT IS THE AIM OF THE AGREEMENT AND DECISIONS? The agreement opens the market for direct flights for all European Union (EU) and Israeli airlines between the EU and Israel. It also provides a regulatory framework and sets out standards for a wide range of aviation issues, such as aviation safety, security, passenger rights, air traffic management, economic regulation, competition issues and social aspects. The 2013 decision (adopted by the Council in December 2012) authorised the signing and provisional application of the agreement; the 2020 decision concludes the agreement on behalf of the EU. KEY POINTS The agreement covers 3 main areas of cooperation: 1. Economic rules The agreements sets out rules on a number of aspects of economic cooperation between the EU and Israel, including: traffic rights including the unlimited right to fly between the EU and Israel or over the other party’s territory or to make a stop in the other party’s territory for non-traffic purposes; authorisations for air carriers of each party to operate in the territory of the other party; rules to ensure fair competition and to facilitate business activities; rules on user charges for airport and aviation facilities and services. 2. Regulatory cooperation (aviation safety, security and air traffic management, etc.) Both parties must: conform with certain EU safety legislation, as listed in the annex to the agreement; recognise one another’s safety certificates; cooperate on security and work towards mutual recognition of the parties’ security standards; cooperate in air traffic management with a view to extending the single European sky to Israel, and conform with the EU’s legislation on air traffic management, as listed in the annex to the agreement. 3. Institutional rules (administration and enforcement) Each party is responsible for enforcing the rules of the agreement on its territory. A joint committee comprising representatives of both parties, and meeting at least once a year, is responsible for administering the agreement and ensuring its proper implementation. The agreement includes a dispute resolution mechanism and allows either party to take safeguard measures if the other party does not fulfil its obligations. DATE OF ENTRY INTO FORCE The agreement entered into force on 2 August 2020. BACKGROUND This is one of a number of bilateral agreements strengthening air transport relations between the EU and neighbouring countries in the context of the European Commission communication Developing the agenda for the Community’s external aviation policy . For more information, see also: The EU’s external aviation policy — Addressing future challenges ( European Commission ) The EU’s aviation strategy ( European Commission ) External aviation policy ( European Commission ). MAIN DOCUMENTS Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part and the government of the State of Israel, of the other part (OJ L 208, 2.8.2013, pp. 3-67) Successive amendments to the agreement have been incorporated into the original text. This consolidated version is of documentary value only. Decision 2013/398/EU of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 20 December 2012 on the signing, on behalf of the European Union, and provisional application of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Government of the State of Israel, of the other part (OJ L 208, 2.8.2013, pp. 1-2) Council Decision (EU) 2020/952 of 26 June 2020 on the conclusion, on behalf of the Union, of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the government of the State of Israel, of the other part (OJ L 212, 3.7.2020, pp. 10-11) RELATED DOCUMENTS Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — The EU’s External Aviation Policy — Addressing Future Challenges ( COM(2012) 556 final , 27.9.2012) Communication from the Commission — Developing the agenda for the Community’s external aviation policy ( COM(2005) 79 final , 11.3.2005) last update 26.10.2020