Citation, commencement and extent

1.—(1) These Regulations may be cited as the European Registers of Road Transport Undertakings (Disclosure of Information) (Amendment) Regulations 2025 and come into force on 1st January 2026.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of Regulation (EC) No 1071/2009

2.—(1) 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(2) is amended as follows.

(2) In Article 16 (National electronic registers)—

(a)in paragraph 2—

(i)in point (c), for “to meet the conditions as” substitute “as meeting the requirements laid down in Article 3 relating”;

(ii)at the end of point (f) insert—

“;

(g)in the case of an undertaking which engages in the occupation of road haulage operator, the registration numbers of the vehicles at the disposal of the undertaking;

(h)in the case of an undertaking which engages in the occupation of road haulage operator, the risk rating band of the undertaking”;

(iii)in the second subparagraph—

(aa)for “points (e) and (f)” substitute “points (e) to (h)”;

(bb)for the second sentence substitute “In such cases, the data referred to in points (e) and (f) must be made available upon request or be directly accessible to all the competent authorities”;

(cc)for “30 working days” substitute “five working days”;

(iv)after the second subparagraph, insert—

“The data referred to in points (g) and (h) of the first subparagraph must be made available to the competent authorities during roadside checks.”;

(v)in the final subparagraph, for “In any case, the data referred to in points (e) and (f)”, substitute “The data referred to in points (e) to (h)”;

(b)in paragraph 4, omit from “, in particular” to the end of that sentence.

Amendment of Commission Decision 2009/992/EU

3.—(1) The Annex to Commission Decision of 17 December 2009 on minimum requirements for the data to be entered in the national electronic register of road transport undertakings(3) is amended as follows.

(2) After “Community licence”, in each place it occurs, except in the first indent in the row corresponding to the data item “Type” in the third column headed “Additional description of data field”, insert “or UK licence for the Community”.

(3) In the rows relating to the data category “Transport undertaking”, after the row relating to the data item “Legal form”, insert—

(4) In the rows relating to the data category “Authorisation”—

(a)in the row corresponding to the data item “Type”, in the third column headed “Additional description of data field”, after the third indent, insert “— ‘Community licence or UK licence for the Community for goods transport, exclusively ≤3.5 t’”;

(b)for the row corresponding to the data item “Number of vehicles covered”, substitute—

(c)in the row corresponding to the data item “Vehicle registration number”, omit table note (a);

(d)in the row corresponding to the data item “Authorisation status”, in the final column omit

“1-20”;

(e)in the row corresponding to the data item “Reason for suspension or withdrawal of the Community licence”, in the final column omit “1-100”;

(f)after the row corresponding to the data item “Serial number of certified true copy of Community licence”, insert—

(g)after the row corresponding to the data item “Date of withdrawal of certified true copy”, insert—

(h)in the second column,

for “Expiry date of withdrawal of certified copy”, substitute “Expiry date of the suspension of the certified true copy”.

(5) After the rows relating to the data category “Authorisation”, insert—

(6) In the rows relating to the data category “Legal representative of the undertaking (where appropriate)”, in the row corresponding to the data item “Place of birth”, in the third column, for “Free alpha text” substitute “Free text alpha-numeric field”.

(7) In the rows relating to the data category “Transport Manager”, after the row corresponding to the data item “Country of issue of the certificate of professional competence”, insert—

(8) In the rows relating to the data category “Serious infringement”, for “Member State” substitute “Country”.

(9) In the rows relating to the data category “Unfit Person”—

(a)in the row corresponding to the data item “Reason for declaration of unfitness”, in the final column omit “1-100”;

(b)in the row corresponding to the data item “Current rehabilitation measure”, in the second column, after “Current rehabilitation measure”, insert “(undertakings that engage in the occupation of road passenger transport operator)”;

(c)after the row corresponding to the data item “Current rehabilitation measure”, insert—

Amendment of Commission Regulation 2016/403

4.—(1) Commission of 18 March 2016 supplementing Regulation Regulation (EU) 2016/403(EC) 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator(6) is amended as follows.

(2) After the heading to Annex I (Categorisation of serious infringements), in the unnumbered paragraph before the heading to Section 1 (Groups of infringements against Regulation of the European Parliament and of the Council((EC) No 561/20067) (Driving and resting time)), at the end, insert “or of distorting competition in the road transport market, or both”.

(3) In row 4 of the table comprising Section 1, for the entries in the third and fourth columns (Type of infringement), substitute—

(4) In row 7 of the table comprising Section 1, for the entries in the third and fourth columns (Type of infringement), substitute—

(5) In row 9 of the table comprising Section 1, in the fourth column (Type of infringement), for “70” substitute “70h”.

(6) For row 28 of the table comprising Section 1, substitute—

(7) For row 32 (Work organisation) of the table comprising Section 1, substitute—

(8) In Section 2 (Groups of infringements against of the European Parliament and of the Council(Regulation (EU) No165/20148) (Tachograph)), for row 1 of the table, substitute—

(9) In row 9 of the table comprising Section 2, for the words in the third column (Type of infringements), substitute “Having in the vehicle or using a fraudulent device able to modify the records of the tachograph”.

(10) After the sub-heading “Producing information”, but before row 20, in the table comprising Section 2, insert—

(11) Omit rows 21 and 22 of the table comprising Section 2.

(12) In row 4 of the table comprising Section 6 (Groups of infringements against Council Directive 92/6/EEC(9) (Speed limitation devices)), in the third column (Type of infringements)—

(a)for “Using”, substitute, “Having or using”;

(b)for “using”, substitute, “having or using”.

(13) For the table comprising Section 10 (Groups of infringements against Regulation of the European Parliament and of the Council((EC) No 1072/200910) (Access to the international road haulage market)), substitute—

(14) Omit Section 11 (Groups of infringements against of the European Parliament and of the Council(Regulation (EU) No1073/200911) (Access to the market for coach and bus services)).

(15) After Section 12, insert—

(16) In Annex II (Frequency of occurrence of serious infringements)—

(a)in paragraph 1—

(i)omit “of a Member State of establishment”;

(ii)for “Member States”, substitute “the competent authority”;

(iii)in point (c), for “drivers” substitute “vehicles”;

(b)in paragraph 2, for “driver”, in both places it occurs, substitute “vehicle”;

(c)in paragraph 3—

(i)for “driver”, substitute “vehicle”;

(ii)for “drivers employed”, substitute “vehicles used”;

(iii)for “Member States”, substitute “The competent authority”;

(iv)for “their national administrative procedure”, substitute “the national administrative procedure”.

(17) Omit Annex III (Infringements).

Amendment of Commission Implementing Regulation (EU) 2016/480

5.—(1) Commission Implementing of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings(Regulation (EU) 2016/48014) is amended as follows.

(2) In Article 1 (subject matter), for “Article 16(5) of Regulation ”(EC) No 1071/2009 substitute “Articles 13 (national electronic registers) and 14 (administrative cooperation between competent authorities) of Section 1 (occupation of road haulage operator) of Part A of Annex 31 to the Trade and Cooperation Agreement”.

(3) In Article 2—

(a)in the words before point (a), after “Article 2 of Regulation (EC) No 1071/2009,” insert “other than the definition of ‘Competent authority’ in that Article,”;

(b)in point (a) (definition of “ERRU”), for “Article 16(5) of Regulation (EC) No 1071/2009” substitute “with Articles 13 and 14 of Section 1 of Part A of Annex 31 to the Trade and Cooperation Agreement”;

(c)in point (c) (definition of “Broadcast search”)—

(i)for “Member State”, substitute “participating country”;

(ii)for “Member States”, substitute “participating countries”;

(d)in point (d) (definition of “Central hub”), for “Member States”, substitute “participating countries”;

(e)after point (d) insert—

“(da)‘Clean check’ means a check where no infringements are detected;

(db)‘Competent authority’ means—

(i)in Great Britain, a traffic commissioner;

(ii)in Northern Ireland, the Department for Infrastructure;

(iii)in a Member State, a national, regional or local authority in that Member State which, for the purpose of authorising the pursuit of the occupation of road transport operator, verifies whether an undertaking satisfies the conditions laid down in Regulation 1071/2009(15) as it has effect in EU law as amended from time to time, and which is empowered to grant, suspend or withdraw an authorisation to pursue the occupation of road transport operator;”;

(f)in point (f) (definition of “Member State of infringement”)—

(i)for “Member State”, in the first place it occurs, substitute “Country”;

(ii)for “Member State”, in the second place it occurs, substitute “participating country”;

(g)in point (g) (definition of “Member State of establishment”)—

(i)for “Member State”, in the first place it occurs, substitute “Country”;

(ii)for “Member State”, in the second place it occurs, substitute “participating country”;

(h)in point (h) (definition of “National system”), for “Member State”, substitute “participating country”;

(i)after point (h), insert—

“(ha)‘Participating country’ means a Member State or the United Kingdom, or a Member State and the United Kingdom, as the context requires;”;

(j)in point (j) (definition of “Requesting Member State”)—

(i)for “Member State”, in the first place it occurs, substitute “country”;

(ii)for “Member State”, in the second place it occurs, substitute “participating country”;

(iii)for “Member States” substitute “countries”;

(k)in point (k) (definition of “Responding Member State”)—

(i)for “Member State”, in the first place it occurs, substitute “country”;

(ii)for “Member State”, in the second place it occurs, substitute “participating country”;

(l)at the end of point (k), insert—

“;

(l)‘Trade and Cooperation Agreement’ has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020”.

(4) In Article 3 (obligation to connect to ERRU)—

(a)in the first paragraph—

(i)for “Member States”, substitute “Participating countries”;

(ii)for “Article 16 of Regulation (EC) No 1071/2009” substitute “Articles 13 and 14 of Section 1 of Part A of Annex 31 to the Trade and Cooperation Agreement”;

(b)omit the second paragraph.

(5) In Article 5 (use of ERRU)—

(a)in paragraph 2—

(i)for “Member States”, substitute “Participating countries”;

(ii)for “ERRU Check Community Licence” substitute “Check Transport Undertaking Data”;

(b)in paragraph 3, for “Member State”, substitute “participating country”.

(6) In Article 7 (entry into force), omit the third paragraph.

(7) In Annex I (general aspects of ERRU)—

(a)in point 1 (architecture)—

(i)in point 1.1—

(aa)for “Member State”, in each place it occurs, substitute “country”;

(bb)for “Member States”, substitute “countries”;

(ii)in point 1.2, for “Member State”, substitute “participating country”;

(b)in point 2 (management)—

(i)in point 2.4, for “Member States” substitute “Participating countries”;

(ii)in point 2.5 (MOVEHUB web portal)—

(aa)in point (a), for “Member State” substitute “Participating country”;

(bb)in point (b), for “Member State” substitute “participating country”;

(iii)in point 2.6 (contact management)—

(aa)for “Member State”, in both places it occurs, substitute “participating country”;

(bb)for “Member State’s” substitute “participating country’s”;

(cc)for “Member States” substitute “participating countries”.

(8) In Annex II (ERRU functionalities)—

(a)in point 1.1—

(i)for “Member State”, substitute “country”;

(ii)for “Member States”, substitute “countries”;

(b)for point 1.2, substitute—

(c)for point 1.3, substitute—

(d)after point 1.3 insert—

(9) In Annex III (ERRU message provisions), in point 1 (general technical requirements), for “Member States”, in both places it occurs, substitute “Participating countries”.

(10) In the Appendix to Annex III—

(a)in the table entitled “Minimum requirements for the content of XML messages”—

(i)in the row relating to “Workflow Identifier”, in the second column, for “Member State”, substitute “country”;

(ii)in the row relating to “Timeout”, in the second column, for “Member State”, substitute “country”;

(iii)in the row relating to “From”, in the second column, for “Member State”, substitute “participating country”;

(iv)in the row relating to “To”, in the second column, for “Member State”, substitute “participating country”;

(b)in the table entitled “Check Good Repute”—

(i)in the entries under the heading “Check Good Repute Request”, after the row relating to the transport manager’s place of birth, insert—

(ii)in the entries under the heading “Check Good Repute Response”—

(aa)in the row relating to the found transport manager’s place of birth, for the entry in the third column (Mandatory), for “Yes” substitute “No”;

(bb)after the row relating to the found transport manager’s CPC issue country, insert—

(cc)after the row relating to the found manager’s fitness, insert—

(dd)for the row relating to the found transport manager’s end date of unfitness, substitute—

(ee)for the rows relating to the transport undertaking’s Community licence number and Community licence status, substitute—

(c)for the table entitled “Infringement notification” to the end of the Appendix, substitute—

(11) In Annex IV (transliteration and NYSIIS services)—

(a)in point 2, for “Member States”, substitute “Participating countries”;

(b)in point 3, for “Member States”, substitute “participating countries”.

(12) In Annex VI (service levels)—

(a)in point 1.3, for “Member States”, substitute “Participating countries”;

(b)for point 1.5, for the words before point 1.5.1, substitute—

(c)in point 1.7, for “Member States”, substitute “participating countries”;

(d)in point 3 (Maintenance)—

(i)for “Member States”, in the first place it occurs, substitute “Participating countries”;

(ii)for “Member States”, in the second place it occurs, substitute “participating countries”.

(13) In Annex VII (logging and statistics)—

(a)in point 1, for “Member States”, substitute “participating countries”;

(b)in point 5, for “Member State”, in both places it occurs, substitute “country”.

(14) In Annex VIII (use of ERRU)—

(a)in point 1 (checking the good repute of transport managers)—

(i)for “Member States”, in the first two places it occurs, substitute “participating countries”;

(ii)for “Member States”, in the third place it occurs, substitute “countries”;

(b)for point 2 (exchange of information on infringements) to the end of Annex VIII, substitute—