2014 as regards certain reporting requirements in the fields of road transport and aviation - Main contents

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dossier	COM(2023)591 - Amendment of Regulations (EC) No 80/2009, (EU) No 996/2010 and (EU) No 165/ 2014 as regards certain reporting requirements ...
document	COM(2023)591
date	April 24, 2024

(1)Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden.

(2)Regulations (EC) No 80/2009 8 , (EU) No 996/2010 9 and (EU) No 165/2014 10 of the European Parliament and of the Council contain a number of reporting requirements in the fields of road transport and aviation, which should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’ 11 .

(3)More specifically, Article 12 of Regulation (EC) No 80/2009 requires every system vendor of computerised reservation systems (‘CRSs’) to submit an independently audited report detailing the ownership structure and governance model every four years, and, in addition, upon request from the Commission.

(4)That auditing and reporting obligation is intended to allow the Commission to monitor the application of Article 10 of Regulation (EC) No 80/2009, laying down specific rules for parent carriers. Those rules are in particular meant to prevent parent carriers from discriminating against competing CRSs and to prevent CRSs owned by those carriers from discriminating against other carriers. The evaluation of Regulation (EC) No 80/2009 carried out in 2020 12 suggested that those provisions on parent carriers may be redundant as airlines no longer own CRSs, and there is no evidence that they would seek to acquire them if those rules did not exist. Therefore, the submission of audited reports every four years is no longer justified. The Commission should nonetheless retain the power to request the audited reports when necessary, in order to be able to effectively enforce the parent carrier rules if required.

(5)Article 4(5) of Regulation (EU) No 996/2010 requires the publication of a safety review at national level on an annual basis, in order to inform the public of the general aviation safety level. That obligation was intended to ensure transparency about the overall state-of-play of aviation safety in the Member States, and notably the contribution of accident investigation activities in that regard considering the context of this Regulation. However, it has become redundant in view of the annual safety review published by the European Union Aviation Safety Agency pursuant to Article 72(7) of Regulation (EU) 2018/1139 of the European Parliament and of the Council 13 that covers the entire Union aviation system, including accident investigations.

(6)Article 24(5) of Regulation (EU) No 165/2014 requires the competent authorities of the Member States to forward to the Commission, if possible, electronically, on an annual basis, the lists of approved fitters and workshops which may carry out installations, checks, inspections and repairs of tachographs and the cards issued to them. The Commission is then to publish those lists on its website.

(7)The combination of the fact that workshop cards are valid for one year with the fact that the communication from Member States to the Commission only provides a snapshot of the approved workshops and valid cards issued to them, means that over the course of the following year, a growing share of the workshop cards published on the Commission’s website are no longer valid. Member States should therefore be required to publish that information and to update it on an ongoing basis on a publicly available website. The Commission should publish the list of all Member States' websites where that information can be found. Some Member States already have such websites. This obligation would therefore result in a reduced administrative burden both for the Commission and Member States, and reduced enforcement costs for stakeholders, by ensuring a more up-to-date and effective distribution of information -.

(8)Regulations (EC) No 80/2009, (EU) No 996/2010 and (EU) No 165/2014 should therefore be amended accordingly,