The European Parliament approved, in accordance with the ordinary legislative procedure, the Council's position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on electronic freight transport information.

The general objective of the proposal is to encourage the digital exchange of freight transport and logistics in order to reduce administrative costs, improve the enforcement capacity of competent authorities and enhance the efficiency and sustainability of transport. It aims to establish a legal framework for the electronic communication of regulatory information between the economic operators concerned and competent authorities in relation to the transport of goods on the territory of the Union.

The draft legislative act requires competent authorities to accept regulatory information (for certain legal acts) in electronic form and establishes a framework of certified platforms and service providers (by conformity assessment bodies).

The general agreement concluded by the Parliament with the Council:

- minimises costs for economic operators and competent authorities, by, among others, base the certification system on existing international standards, models and agreements and ensure that certification is done in an independent manner;

- enhances the procedure for the setting of the precise standards, specifications and access rules, with the proper involvement of the co-legislators and of all relevant stakeholders;

- encourages all communication, including any follow-up requests, between the competent authorities and operators to take place electronically, where possible;

- clarifies the scope by indicating exactly what type of regulatory freight transport information, if sent in electronic form by the economic operator concerned through a certified platform, needs to be accepted by the competent authorities;

- states that the use of electronic means should become the main means of exchanging regulatory information between economic operators and competent authorities;

- encourages existing IT systems to be certified as a platform while ensuring interoperability;

- sets the various deadlines so that the system is operational as soon as possible, so that market uptake can take place soon.

The Commission is required to:

- assess whether the scope could be further enlarged to include other relevant regulatory information in the field of transport, for example those relating to the vehicle or driver;

- assess possible initiatives in order to establish in the future an obligation for economic operators to use electronic means to make regulatory information available to competent authorities.

The Council adopted its position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on electronic freight transport information.

The general objective of the proposal is to encourage the digital exchange of freight transport and logistics in order to reduce administrative costs, improve the enforcement capacity of competent authorities and enhance the efficiency and sustainability of transport.

The Council's position at first reading amends the Commission's initial proposal by partially reformulating it on the basis of the agreement reached with the European Parliament.

Subject matter and scope

The proposed Regulation aims to establish a legal framework for the electronic communication of regulatory information between the economic operators concerned and competent authorities in relation to the transport of goods on the territory of the Union. For that purpose, it:

- lays down the conditions based on which competent authorities are required to accept regulatory information when that information is made available electronically by the economic operators concerned;

- lays down rules on the provision of services related to making regulatory information available electronically by the economic operators concerned to competent authorities.

The Council's position clarifies the scope of the Regulation in the operating part of the text rather than in the Annexes.

Requirements for economic operators concerned

Where the economic operators concerned make regulatory information available to a competent authority by electronic means, they shall do so on the basis of data processed on a certified eFTI (Electronic Freight Transport Information) platform and, where applicable, by a certified eFTI service provider. This information shall be made available by the economic operators concerned in a machine-readable format and, at the request of the competent authority, in a human-readable format.

Requirements for competent authorities

The Regulation may not be effectively applied before the entry into force of the delegated and implementing acts provided for therein. The Council's position clarifies the link between the timing of the adoption by the Commission of delegated and implementing acts and the date of application of the requirements for competent authorities.

More specifically, it is foreseen that competent authorities shall be required to accept regulatory information made available by electronic means by the economic operators concerned 30 months after the entry into force of the first of the delegated or implementing acts referred to in Articles 7 and 8 of the Regulation concerning respectively the ‘eFTI common data set and eFTI sub-data sets’ and the ‘common procedures and rules for access’.

As regards the assessment of the nature of the powers to be conferred on the Commission, the Council position provides that the Commission (i) adopts delegated acts to establish the ‘eFTI common data set and eFTI data subsets’ (Article 7) and (ii) adopts implementing acts establishing ‘common procedures and rules for access’ (Article 8).

The Council's position specifies that the first of these delegated and implementing acts shall be adopted by the Commission at the latest 30 months after the entry into force of the Regulation.

Functional requirements for eFTI platforms

The proposed Regulation lays down the functional requirements for the eFTI platforms that shall be used by economic operators to make regulatory freight transport information available to competent authorities in electronic format in order to meet the conditions for the mandatory acceptance of this information by competent authorities.

The Commission shall adopt, by means of implementing acts, detailed specifications for the functional requirements for the eFTI platforms. With a view to keeping the eFTI system up to date, the Council position provides that the Commission, in developing these specifications, shall seek to ensure the interoperability of the eFTI platforms, take into account relevant existing technical solutions and standards and ensure that these specifications remain, as far as possible, technologically neutral.

Certification

To build the confidence of both competent authorities and economic operators as regards compliance by eFTI platforms and eFTI service providers with those functional requirements, Member States shall put in place a certification system underpinned by accreditation in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products.

Revision

The Commission shall carry out an evaluation of the Regulation eight and a half years after its entry into force.

The Council's position adds an obligation for the Commission to carry out an assessment to determine whether increased interoperability between the different platforms used for the registration and processing of regulatory information may be established and whether the application of the Regulation for the purpose of using electronic means to make regulatory information available to competent authorities may be made compulsory for economic operators. If appropriate, it is foreseen that this assessment shall be accompanied by a legislative proposal.

The Regulation shall apply from four years after its entry into force.

The Council adopted its position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on electronic freight transport information.

The general objective of the proposal is to encourage the digital exchange of freight transport and logistics in order to reduce administrative costs, improve the enforcement capacity of competent authorities and enhance the efficiency and sustainability of transport.

The Council's position at first reading amends the Commission's initial proposal by partially reformulating it on the basis of the agreement reached with the European Parliament.

Subject matter and scope

The proposed Regulation aims to establish a legal framework for the electronic communication of regulatory information between the economic operators concerned and competent authorities in relation to the transport of goods on the territory of the Union. For that purpose, it:

- lays down the conditions based on which competent authorities are required to accept regulatory information when that information is made available electronically by the economic operators concerned;

- lays down rules on the provision of services related to making regulatory information available electronically by the economic operators concerned to competent authorities.

The Council's position clarifies the scope of the Regulation in the operating part of the text rather than in the Annexes.

Requirements for economic operators concerned

Where the economic operators concerned make regulatory information available to a competent authority by electronic means, they shall do so on the basis of data processed on a certified eFTI (Electronic Freight Transport Information) platform and, where applicable, by a certified eFTI service provider. This information shall be made available by the economic operators concerned in a machine-readable format and, at the request of the competent authority, in a human-readable format.

Requirements for competent authorities

The Regulation may not be effectively applied before the entry into force of the delegated and implementing acts provided for therein. The Council's position clarifies the link between the timing of the adoption by the Commission of delegated and implementing acts and the date of application of the requirements for competent authorities.

More specifically, it is foreseen that competent authorities shall be required to accept regulatory information made available by electronic means by the economic operators concerned 30 months after the entry into force of the first of the delegated or implementing acts referred to in Articles 7 and 8 of the Regulation concerning respectively the ‘eFTI common data set and eFTI sub-data sets’ and the ‘common procedures and rules for access’.

As regards the assessment of the nature of the powers to be conferred on the Commission, the Council position provides that the Commission (i) adopts delegated acts to establish the ‘eFTI common data set and eFTI data subsets’ (Article 7) and (ii) adopts implementing acts establishing ‘common procedures and rules for access’ (Article 8).

The Council's position specifies that the first of these delegated and implementing acts shall be adopted by the Commission at the latest 30 months after the entry into force of the Regulation.

Functional requirements for eFTI platforms

The proposed Regulation lays down the functional requirements for the eFTI platforms that shall be used by economic operators to make regulatory freight transport information available to competent authorities in electronic format in order to meet the conditions for the mandatory acceptance of this information by competent authorities.

The Commission shall adopt, by means of implementing acts, detailed specifications for the functional requirements for the eFTI platforms. With a view to keeping the eFTI system up to date, the Council position provides that the Commission, in developing these specifications, shall seek to ensure the interoperability of the eFTI platforms, take into account relevant existing technical solutions and standards and ensure that these specifications remain, as far as possible, technologically neutral.

Certification

To build the confidence of both competent authorities and economic operators as regards compliance by eFTI platforms and eFTI service providers with those functional requirements, Member States shall put in place a certification system underpinned by accreditation in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products.

Revision

The Commission shall carry out an evaluation of the Regulation eight and a half years after its entry into force.

The Council's position adds an obligation for the Commission to carry out an assessment to determine whether increased interoperability between the different platforms used for the registration and processing of regulatory information may be established and whether the application of the Regulation for the purpose of using electronic means to make regulatory information available to competent authorities may be made compulsory for economic operators. If appropriate, it is foreseen that this assessment shall be accompanied by a legislative proposal.

The Regulation shall apply from four years after its entry into force.

The European Parliament adopted by 612 votes to 28 with 23 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on electronic freight transport information.

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

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

Enlarged scope

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

In order to reduce administrative formalities, the regulation lays down the conditions under which:

-the economic operators concerned are required to make regulatory information electronically available to the Member States´ competent authorities;

Member States’ competent authorities have to communicate electronically with the economic operators concerned as regards the provision of regulatory information.

The regulation will apply to regulatory information requirements for the transport of goods set out in international conventions applicable in the Union.

It should enable the development of European Platforms in order to exchange and easily share the information. The eFTI platforms shall be governed by the general principles of technological neutrality as well as interoperability.

Towards a complete digitalisation

Members considered that ‘smart’ digital enforcement necessitates all relevant information to become paperless and be available for competent authorities in electronic form. This will free up enforcement capacity, reduce unnecessary administrative burden on transport operators, better target high-risk operators and detect fraudulent practices. The use of electronic documents should therefore in the future become the rule.

Furthermore, in order to provide enforcement officials, including those performing roadside checks, with a clear and complete overview of the transport operators being checked, they should have direct and real-time access to all relevant information, so as to be able to detect infringements and abnormalities quicker and more efficiently.

Requirements for eFTI service providers

eFTI service providers should ensure that the data is interoperable and remain accessible, for a period of four years, in compliance with the relevant regulatory information requirements.

Certification

Certification of solutions and platforms are required to ensure the compliance with the eCMR protocol, data security and interoperability of the eFTI data set.

Members called for certification to be performed in an independent manner to avoid distortions of competition. Compliance should be ensured with existing, standardised platforms identified in international conventions that are applicable in the Union.

Existing IT systems, that are currently used by economic operators in the transport sector to provide regulatory information and that meet the functional requirements, should be certified as eFTI platforms.

Delegated acts

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

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

Evaluation

The Commission shall carry out an evaluation of this Regulation three years from the date of application of the Regulation at the latest. This evaluation shall examine the possibility of extending the scope of this Regulation to certain business-to-business information that is necessary to prove compliance with the relevant requirements in the Union legal acts governing the transport of goods

The Committee on Transport and Tourism adopted the report by Claudia SCHMIDT (EPP, AT) on the proposal for a regulation of the European Parliament and of the Council on electronic freight transport information.

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

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.

Enlarged scope

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

Members stated that the Regulation should:

- lay down the conditions under which the economic operators concerned are required to make regulatory information electronically available to the Member States´ competent authorities;

- lay down the conditions under which Member States’ competent authorities have to communicate electronically with the economic operators concerned as regards the provision of regulatory information;

- apply to regulatory information requirements for the transport of goods set out in international conventions applicable in the Union.

The eFTI platforms shall be governed by the general principles of technological neutrality as well as interoperability.

Towards a complete digitalisation

Members considered that ‘smart’ digital enforcement necessitates all relevant information to become paperless and be available for competent authorities in electronic form. This will free up enforcement capacity, reduce unnecessary administrative burden on transport operators, better target high-risk operators and detect fraudulent practices. The use of electronic documents should therefore in the future become the rule.

Furthermore, in order to provide enforcement officials, including those performing roadside checks, with a clear and complete overview of the transport operators being checked, they should have direct and real-time access to all relevant information, so as to be able to detect infringements and abnormalities quicker and more efficiently.

Delegated acts

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

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

Requirements for eFTI service providers

eFTI service providers should ensure that the data is interoperable and remain accessible, for a period of four years, in compliance with the relevant regulatory information requirements.

Certification

Certification of solutions and platforms are required to ensure the compliance with the eCMR protocol, data security and interoperability of the eFTI data set.

Members called for certification to be performed in an independent manner to avoid distortions of competition. Compliance should be ensured with existing, standardised platforms identified in international conventions that are applicable in the Union.

Existing IT systems, that are currently used by economic operators in the transport sector to provide regulatory information and that meet the functional requirements, should be certified as eFTI platforms.

PURPOSE: to facilitate the electronic communication of information in freight transport.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: total freight transport in the EU has increased by almost 25 % over the last 20 years, and is projected to further increase by 51 % during 2015-2050. All this movement of goods is accompanied by a large amount of information being exchanged among a variety of parties , in both the private and the public domain. Today, this information is mostly printed on paper , in a variety of standard format documents.

The fragmented legislation and the resulting lack of acceptance by authorities discourage investment in digital solutions for electronic documents. Yet the digitalisation of information exchange has the potential to significantly improve the efficiency of transport and therefore to contribute to the smooth functioning of the single market.

The Commission has acknowledged the need to foster acceptance and use of electronic transport documents in a number of policy initiative. The case for intervention has also been recognised by a wide range of stakeholders.

This initiative is part of the third ‘Europe on the Move’ Package, which delivers on the new industrial policy strategy of September 2017, and is designed to complete the process of enabling Europe to reap the full benefits of the modernisation of mobility.

IMPACT ASSESSMENT: the preferred option is a full obligation for Member State authorities to accept regulatory cargo transport information or documentation, with partially harmonised implementation.

The main expected benefits are of an economic and environmental nature. The industry is expected to make savings worth EUR 20-27 billion over 2018-2040 , compared to a scenario where no policy intervention at EU level is made (the baseline), thanks to reduction in administrative costs (i.e. costs related to the management and exchange of transport information and documentation). This is equivalent to 75-102 million hours saved yearly. Road transport operators, 99% of which are SMEs, are expected to benefit of about 60% of all industry administrative costs savings. Positive environmental impacts are also expected, due to a decrease in road transport’s modal share in 2030 relative to the baseline.

CONTENT: this proposal for a Regulation contains measures to:

ensure that the obligation for all competent public authorities to accept electronic freight documents/information is in place in all EU Member States ; ensure that the authorities implement the obligation of acceptance in a uniform manner; ensure the interoperability of the IT systems and solutions used for the electronic exchange of freight transport information, and in particular for business-to-administration (B2A) regulatory information communication.

Concretely, the proposal:

lays down requirements relative to the electronic format in which regulatory transport information (eFTI) should be made available by the economic operators concerned; establishes the obligation of the Member States’ competent authorities of regulatory information made available electronically by the economic operators concerned in compliance with the conditions provided that such information meets the requirements guaranteeing its authenticity, integrity, security, etc; requires the competent authorities, eFTI services providers and economic operators concerned to take measures to ensure the confidentiality of the information processed and exchanged in accordance with this Regulation; establishes the obligation of the Commission to adopt implementing acts establishing a common data set and subsets in relation the regulatory requirements under the scope of this Regulation, and laying down common procedures and rules for access to and processing by the competent authorities of regulatory information provided electronically; sets out the functional requirements for the eFTI platforms by the means of which the regulatory information could be made available by the economic operators concerned, and empowers the Commission to adopt implementing acts laying detailed rules for their implementation.

The proposal contains provisions on powers delegated to the Commission to amend non-essential elements in Annex 1 to this Regulation, where the regulatory information requirements falling under the scope of this Regulation are listed.