Report ERRU Working Group Brussels, 11 November 2009 Rapporteurs: Cathy Jenkins UK / Department for Transport Idske Dijkstra NL / Vehicle and Driving Licence Reg. Auth.

Content Introduction Results meeting 3 July 2009 Results meeting 23 September 2009 Work to do

Introduction One of the new elements in the “Road Package” is the creation of ERRU European Register of Road Transport Undertakings –To enhance cooperation and communication between MS –To better monitor undertakings and their transport managers –To take into account serious infringements in other MS than MS of establishment On 10 June 2009 CATP Committee confirmed creation of ERRU Working Group –To ensure a timely introduction of ERRU –To monitor its functioning once it is up and running Work under auspices of the Advisory committee according to Article 25 of Regulation …../2009 [access to profession] First meeting 3 July 2009 Basis for discussion –Terms of Reference ERRU Working Group as submitted to Committee –Feasibility Study carried out by EC with assistance of TUNER –Draft Regulations

Introduction / Terms of Reference Working Group overall objectives –To ensure a timely introduction of ERRU –To monitor its functioning once it is up and running Working Group Specific objectives, tasks and scope –To establish common understanding on the Regulation’s provisions –To develop a user friendly, practicable and reliable network Potential further developments should be taken into account Possible synergies with other exchange systems should be used –To support the Commission in preparing implementing measures Preparation of the decision on the minimum requirements for the data to be entered in the electronic registers of Member States (Art. 16(1)) Preparation of the common rules in the implementation of the interconnection of the registers, e.g. on the format of data, logging and monitoring (Art. 16(6)) –Setting of a timetable and milestones for Commission and Member States

Meeting 3 July 2009 Agenda 1.Objective, working method and work program 2.Presentation on the legal background 3.Responsible national authorities 4.Outcome of the Tuner Study –Review of user and business requirements –Discussion of message structure –Technical concept 5.Presentation of draft Commission decision on minimal structure 6.Project time line and appointment of rapporteur(s) – Idske Dijkstra NL / RDW and Cathy Jenkins (UK DfT)

Based on the proposed Regulation  two sorts of information exchange Infringements – Member States communicate information on infringements committed by operators and any sanctions they have imposed back to the Member State which issued their licence Good repute - Member States consult relevant information held by all other States to assist them in deciding whether or not to issue or renew an operator’s licence. 4. TUNER Study / Information Exchange

Serious Infringements Infringement Notification Acknowledgement Infringement Response Acknowledgement

Good repute of transport manager Search request Acknowledgement Search Response Acknowledgement

4. Tuner Study / Basic Architecture Principles Considered DecentralisedCentralised

4. TUNER Study / Recommendations None of the existing systems studied are able to support the ERRU functionality without further modification. The recommended architectural design is similar to that used by TACHOnet (client / server, intelligent router, centralised).

4. Tuner Study / Points raised on 3 July Requirements about enforcement ignored Results Gartner on EUCARIS appear to have been ignored Outcome TUNER different from outcome Gartner Not all architecture options have been studied to same detail - EUCARIS wrongly considered as peer-to-peer architecture Costs and benefits give overview of scale but all options not studied to same detail – particularly EUCARIS Considerable discussion around reasons for TUNER recommending TACHOnet architecture as the most optimal – some MS not convinced Commission decides to come back on the technical concept in the next meeting

5. Draft Commission Decision on minimal structure Transport undertaking Address Authorisation Transport manager Legal representative of transport manager Infringement Loss of good repute disproportionate response Unfit person

: First meeting of ERRU WG : Comments for the preparation of next meeting : Second meeting of ERRU WG  Decision minimum requirements for data to be entered in register, Structure of messages, Data protection issues Sep/Oct 09: Probable publication of road package legislation Oct 09: Committee meeting Nov 09: Third meeting of ERRU WG : Decision on minimum requirements for register Jan 10: Start of Complementary study on technical specifications  External contractor Jun 10: Rules on interoperability ready Oct 10: Committee meeting (vote) Dec 10: Start Test phase (18 to 24 months) : Adoption of rules on interoperability Oct 11: Application of road package: register has to be implemented : Interconnection of registers + assessing fitness of manager : All serious infringements in register 6. Project Time Line

Homework next meeting To comment message structure To comment draft decision To consult national data protection officers about ERRU To keep Commission informed about possible national issues in this To discuss minimal response times To find solutions for the name search problem

Meeting 23 September 2009 Agenda 1.Recording of vehicle registration numbers / Presentation by the UK 2.Discussion of draft Commission Decision on minimum requirements for the data to be entered in the national electronic register of road transport undertakings –Discussion of comments submitted by Member States 3.Discussion of the message structure –Discussion of comments submitted by Member States 4.Discussion on the technical concept for ERRU

1. Recording of vehicle registration number Presentation by UK of benefits of the inclusion of the vehicle registration marks in the national ERRU Conclusion Commission: –Registration number is vital for UK –Responsibility of each MS on the most appropriate national system –Registration number is included as a data field to be included in national registers but completion included as optional in Commission Decision on minimum requirements for the data to be entered in the national ERRU

2. Discussion draft Commission Decision on minimum requirements Decision has to be adopted before the end of the year Discussion of comments submitted by Member States New version Changes –Derived data not necessary –IT, DK, NL, DE  prefer only absolutely minimum set of data –Start and expiry date of the licence publicly accessible –Inclusion of executed administrative penalties  still to be concluded

3. Discussion on the message structure Messages to be concluded at the end of next year Discussion of comments submitted by Member States New versions –Infringement notification –Infringement response –Search request –Search response –Acknowledgement

3. Discussion on the message structure Outcome –IT, DK, NL, DE  prefer only absolutely minimum set of data –Necessity “Infringement response message” was disputed but Regulation provide explicitly for such a feedback –Use of Community licence serial number for the identification of the transport undertaking –For the “Search request” use the serial number of the certificate of professional competence + country + date of issuance –In the “Search response” include number of vehicles and number of undertakings managed  verify compliance Art. 4.2.c. of the operator regulation –New version to be circulated by Commission –MS should check number of Community licence and CPC  double numbering

4. Discussion on the technical concept for ERRU Technical concept needs to be clear in June 2010 Different options  EUCARIS and TACHOnet TACHOnet –used in 31 MS –for exchange of TACHOcard information EUCARIS –is used in 18 MS –for exchange of vehicle-, owner/holder-, driver licence- and insurance information –from August 2011 in all MS

4. Discussion on the technical concept for ERRU Currently Commission is discussing solution together with EUCARIS for the exchange of driving licence information Guiding principles ERRU Proportionate to needs of all MS No duplication of existing systems Commission has its responsibility Conclusions For ERRU Member States have a choice between EUCARIS or TACHOnet MS can communicate directly with each other via EUCARIS or indirectly via TACHOnet MS ask for information on both systems

Work to do By the end of the year: Draft decision minimum requirements Distribution of information on TACHOnet / EUCARIS June 2010: Elaboration technical concept TACHOnet /EUCARIS By the end of next year: Message structure