Commission Implementing Decision (EU) 2018/1614
of 25 October 2018
laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1), and in particular Article 47(2) and (5) thereof,
Whereas:
(1)To ensure traceability of vehicles and their history, vehicles should be registered under a European vehicle number in a vehicle register. The rules for the establishment of the European vehicle number should be harmonised to ensure that vehicles are registered in the same way throughout the Union.
(2)Vehicles are currently registered in national vehicle registers and each Member State manages its national vehicle register. There is a need to improve the usability of national vehicle registers and to avoid redundant registration of one vehicle in several vehicle registers, including vehicle registers of third countries connected to the Virtual Vehicle Register. Commission Decision 2007/756/EC(2) should therefore be amended accordingly.
(3)The cost-benefit analysis performed by the European Union Agency for Railways (‘the Agency’) highlighted significant advantages for the Union rail system stemming from the establishment of a European Vehicle Register that would replace national vehicle registers.
(4)To reduce administrative burden and costs for Member States and stakeholders, the Commission should adopt technical and functional specifications for the European Vehicle Register which would incorporate the national vehicle registers.
(5)The Agency should set up and maintain, where relevant in cooperation with the national registration entities, the European Vehicle Register. The national safety authorities, investigating bodies, and in response to any legitimate request, the regulatory bodies, and the Agency, the railway undertakings and the infrastructure managers, as well as those persons or organisations registering vehicles or identified in the register should be able to consult the European Vehicle Register.
(6)Member States should designate a registration entity responsible for the registering of vehicles and the processing and update of information in relation to vehicles that entity has registered in the European Vehicle Register.
(7)Keepers should fill in an application for registration with the required information and be able to submit its application via web-based tool using a harmonised e-form. Keepers should ensure that vehicle data submitted to registration entities is up-to-date and accurate.
(8)Member States should be responsible for ensuring the quality and the integrity of vehicle data registered by the designated registration entity in the European Vehicle Register in accordance with Article 22 of Directive (EU) 2016/797 while the Agency should be responsible for the development and maintenance of the European Vehicle Register IT system in accordance with this Decision.
(9)The European Vehicle Register should be a centralised register which provides a harmonised interface to all users for the consultation, registration of vehicle and data management.
(10)There is a need for technical development and testing of the European Vehicle Register functionalities. The European Vehicle Register should however be operational on 16 June 2021 in accordance with Article 47(5) of Directive (EU) 2016/797.
(11)In order to address Member States' specific needs, some national vehicle registers are used for other purposes than to ensure the traceability of vehicles and their history. To allow for the adaptation of national registers not specifically used for vehicle registration to interface with the European Vehicle Register, the migration towards the centralised registration of vehicles should be progressive. After the introduction of the European Vehicle Register, Member States should therefore be given the possibility to use a ‘de-centralised registration function’ until 16 June 2024 while other functions should be centralised from 16 June 2021. After 16 June 2024 all Member States should use only the centralised registration function.
(12)The European Vehicle Register should allow for the registering of specific additional information required by Member States. Keepers should provide additional information required by a Member State when submitting an application for registration to that Member State.
(13)In order to facilitate the use of vehicles registered in the European Vehicle Register in third countries, in particular those applying the provisions of the Convention concerning international carriage by rail to which the European Union is party, the relevant data of the European Vehicle Register should be accessible to authorising competent authorities in these third countries. For this purpose, the Agency should facilitate the implementation of Decisions adopted in accordance with the Convention concerning international carriage by rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999.
(14)On 21 December 2016, the Agency issued a recommendation on the specifications of the national vehicle register indicating possibilities of improvement of the usability of national vehicle registers. On 14 December 2017, the Agency issued a recommendation on the specifications for the European Vehicle Register.
(15)The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797,
HAS ADOPTED THIS DECISION:
CHAPTER 1GENERAL PROVISIONS
Article 1Subject matter
This Decision amends common specifications for the national vehicle registers and lays down the technical and functional specifications for the European Vehicle Register.
CHAPTER 2NATIONAL VEHICLE REGISTERS
Article 2Amendments to common specifications for the national vehicle registers
The Annex to Decision 2007/756/EC is amended in accordance with Annex I to this Decision.
Article 3Withdrawal of redundant registrations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 3EUROPEAN VEHICLE REGISTER
Article 4Specifications of the European Vehicle Register
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 5Registration entity
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 6Registration of vehicles authorised to be placed on the market
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 7Architecture of the European Vehicle Register
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 8Migration from the national vehicle registers to the European Vehicle Register
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 4FINAL PROVISIONS
Article 9Repeal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 10Entry into force and application
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Done at Brussels, 25 October 2018.
For the Commission
The President
Jean-Claude Juncker
ANNEX I
The Annex to Decision 2007/756/EC is amended as follows:
point 3.2.1 is replaced by the following:
‘3.2.1.Application for registration
The form in Appendix 4 shall be used for the application for registration.
The entity applying for vehicle registration shall tick the ‘New registration’ box. It shall fill in the form and forward it to the:
RE of the Member State where registration is sought, filling in all fields,
RE of the first Member State where it intends to operate, for a vehicle coming from a third country (see point 3.2.5(2)). In that case the form shall contain at least the information on the identification of the owner of the vehicle and the keeper, the restrictions on how the vehicle may be used, the entity in charge of maintenance.’;
in point 3.2.3, the following paragraph is added:
‘The RE shall register the changes in the NVR within 20 working days from the receipt of a complete application file. The RE shall, within this deadline, either register the vehicle or request correction/clarification.’;
point 3.2.5 is replaced by the following:
‘3.2.5.Authorisation in several Member States
1.Vehicles shall be registered only in the NVR of the Member State where they are first authorised for placing in service or, for vehicles to which an authorisation for placing on the market has been issued in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council(3), only in a Member State in the area of use of the authorisation for placing on the market, without prejudice to the transfer of registration to a different NVR in accordance with point 3.2.6(2).
2.Vehicles entering the Union rail system from third countries and registered in a vehicle register not in line with this specification or not connected to EC VVR shall be registered only in the NVR of the first Member State where the vehicle is intended to be operated on the Union rail system.
3.Vehicles entering the Union rail system from third countries and registered in a vehicle register in line with this specification and connected to the EC VVR, when an international agreement to which the European Union is party provides for that, shall not be registered in any NVR.
4.For any vehicle, the NVR where it is registered shall contain the data relating to items 2, 6, 12 and 13 for each of the Member States where an authorisation for placing in service has been granted to this vehicle.
This provision is without prejudice to Articles 3 and 5.’;
in Section 3.2, the following point 3.2.6 is added:
‘3.2.6.Transfer of registration and change of EVN
1.The EVN shall be changed when it does not reflect the interoperability capability or technical characteristics in accordance with Appendix 6 due to technical modifications of the vehicle. Such technical modifications may require a new authorisation for placing in service in accordance with Articles 21 to 26 of Directive 2008/57/EC of the European Parliament and of the Council(4) or a new authorisation for placing on the market and, where appropriate, a new vehicle type authorisation, in accordance with Articles 21 and 24 of Directive (EU) 2016/797. The keeper shall inform the RE of the Member State where the vehicle is registered of those changes and, if applicable, of the new authorisation for placing in service or of a new authorisation for placing on the market. That RE shall assign to the vehicle a new EVN.
2.The EVN may be changed at the request of the keeper through a new registration of the vehicle in the NVR of a different Member State connected to EC VVR and subsequent withdrawal of the old registration.’;
Section 3.3 is replaced by the following:
‘3.3.Access rights
The access rights to data of an NVR from a given Member State ‘XX’ are listed in the table below:
a 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, p. 102). | ||
b Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32). | ||
c The Agency shall, in cooperation with the NSAs, define the procedure for recognising legitimate users. | ||
| Entity | Read rights | Update rights |
|---|---|---|
| RE of Member State ‘XX’ | All data | All data in vehicle register of MS ‘XX’ |
| NSA | All data | None |
| Agency | All data | None |
| Keeper | All data on vehicles of which it is keeper | None |
| ECM | All data, except owner's references, of vehicles for which it is ECM | None |
| Owner | All data on vehicles of which it is owner | None |
| Railway undertaking | All data, except owner's references, based on one or more vehicle numbers | None |
| Infrastructure manager | All data, except owner's references, based on one or more vehicle numbers | None |
| Investigating body referred to in Article 22 of Directive (EU) 2016/798 of the European Parliament and of the Councila and regulatory body referred to in Article 55 of Directive 2012/34/EU of the European Parliament and of the Councilb | All data on vehicles being checked or audited | None |
| EC declaration of verification issuing body (the applicant) | All data on vehicles of which it is EC declaration of verification issuing body (the applicant), except owner's references | None |
| Other legitimate user recognised by NSA or the Agencyc | To be defined as appropriate, duration possibly limited, except owner's references | None |
The access rights to data of NVRs may be extended to relevant third country entities or intergovernmental organisation when an international agreement to which the European Union is party provides for that.’
Appendices 1 and 2 are replaced by the following:
‘APPENDIX 1RESTRICTION CODING
1.PRINCIPLES
The restrictions referred to in the authorisation for placing in service in accordance with Articles 21 to 26 of Directive 2008/57/EC or in the authorisation for placing on the market and, where appropriate, a new vehicle type authorisation, in accordance with Articles 21 and 24 of Directive (EU) 2016/797 shall be assigned a harmonised code or a national code.
2.STRUCTURE
Each code is a combination of:
category of restriction,
type of restriction,
value or specification,
which are joined by a dot (.):
[Category].[Type].[Value or specification].
3.RESTRICTION CODES
1.Harmonised restriction codes shall be applicable in all the Member States.
The Agency shall keep up-to-date and publish on its web site the list of harmonised restriction codes for the whole of the Union rail system.
If a national safety authority considers that a new code needs to be added to the list of harmonised restriction codes, it shall request the Agency to evaluate the inclusion of this new code.
The Agency shall evaluate the request, in consultation with other national safety authorities, where appropriate. When appropriate, the Agency shall include a new restriction code in the list.
2.The Agency shall keep up-to-date the list of national restriction codes. The use of national restriction codes shall be limited to those restrictions that reflect particular characteristics of the existing rail system of a Member State and are unlikely to be applied with the same meaning in other Member States.
For types of restrictions not indicated in the list referred to in point 1, the national safety authority shall request the Agency the inclusion of a new code in the list of national restriction codes. The Agency shall evaluate the request, where appropriate in consultation with other national safety authorities. If appropriate, the Agency shall include a new restriction code in the list.
3.The restriction code for multinational safety authorities shall be treated as national restriction code.
4.The use of non-coded restrictions shall be limited to those restrictions that due to their particular character are unlikely to be applied to several types of vehicle.
The Agency shall keep a unique list of restriction codes for the EVR, the European register of authorised types of vehicles referred to in Article 48 of Directive (EU) 2016/797, the one-stop shop and the European Railway Agency Database of Interoperability and Safety.
5.Where relevant, the Agency may coordinate the process of harmonisation of restriction codes with relevant intergovernmental organisation when an international agreement to which the European Union is party provides for that.
APPENDIX 2STRUCTURE AND CONTENT OF THE EUROPEAN IDENTIFICATION NUMBER
The Agency shall set out the structure and content of the European Identification Number (EIN), including the codification of the types of documents concerned, in a technical document and shall publish this technical document on its web site.
;’;
point 1 of Part 1 of Appendix 6 is replaced by the following:
‘1.Definition of the Vehicle Keeper Marking (VKM)
A Vehicle Keeper Marking (VKM) is an alphabetic code, consisting of 2 to 5 letters(5). A VKM is inscribed on each rail vehicle, near the European Vehicle Number. The VKM identifies the Vehicle Keeper as registered in a National Vehicle Register.
A VKM is unique and valid in all Member States and all countries that enter into an agreement that involves the application of the system of vehicle numbering and VKM as set out in this Decision.’
Part 4 of Appendix 6 is replaced by the following:
‘PART 4 — CODING OF THE COUNTRIES IN WHICH THE VEHICLES ARE REGISTERED (DIGITS 3-4 AND ABBREVIATION)
The Information relating to third countries is given for information purposes only.
ANNEX II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30).
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 (OJ L 138, 26.5.2016, p. 44)’;
Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1).’;
For NMBS/SNCB, the use of an encircled single letter B can be continued.’
Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30).
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 (OJ L 138, 26.5.2016, p. 44)’;
Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1).’;
For NMBS/SNCB, the use of an encircled single letter B can be continued.’