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Council Decision (EU) 2018/1926 of 19 November 2018 on the position to be taken, on behalf of the European Union, in the Group of Experts on the European Agreement concerning the work of crews of vehicles engaged in international road transport of the United Nations Economic Commission for Europe

EU Decision 2018/1926 · Adopted 19 November 2018 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Decision (EU) 2018/1926

of 19 November 2018

on the position to be taken, on behalf of the European Union, in the Group of Experts on the European Agreement concerning the work of crews of vehicles engaged in international road transport of the United Nations Economic Commission for Europe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR)f1 entered into force on 5 January 1976.

(2)

A Group of Experts on AETR has been established by the United Nations Economic Commission for Europe (UNECE) in the framework of the AETR. That group is a body empowered to develop and submit proposals for amending the AETR to the UNECE Working Party on Road Transport.

(3)

The Group of Experts on AETR is currently discussing amendments to the AETR, based on a Union proposal following, to that effect, a position on behalf of the Union adopted by Council Decision (EU) 2016/1877f2. A further amendment to the AETR appears necessary in order to ensure that non-EU Contracting Parties to the AETR can participate in data exchange on driver cards based on harmonised security and data protection standards.

(4)

Regulation (EU) No 165/2014 of the European Parliament and of the Councilf3 requires Member States to interconnect their national electronic registers on driver cards through the Telematics Network for the Exchange of Information Concerning the Issuing of Tachograph Cards (TACHOnet) messaging system or, when using a compatible system, to ensure that exchange of electronic data with all other Member States is possible through the TACHOnet messaging system. TACHOnet is a platform for the exchange of information on driver cards between Member States, in order to ensure that drivers do not hold more than one driver card.

(5)

In order to achieve a pan-European harmonisation in the field of electronic exchange of information on driver cards, it is necessary that TACHOnet be used as the single platform by all Contracting Parties to the AETR.

(6)

The connection to the TACHOnet messaging system is currently carried out either directly through a Trans-European Services for Telematics between Administrations (TESTA) connection or indirectly through a Member State already connected to TESTA. As TESTA are services restricted to Member States and institutions of the Union, non-EU Contracting Parties to the AETR can only connect to TACHOnet indirectly.

(7)

The Commission has recently assessed the indirect connections to the TACHOnet messaging system and concluded that they do not provide the same level of security as TESTA. In particular, there is not a sufficient guarantee about the authenticity, integrity and confidentiality of the information exchanged through indirect connections. Indirect connections to TACHOnet should therefore be replaced by a secure connection.

(8)

eDelivery is a network of connection nodes for digital communications developed by the Commission, where every participant at national level becomes a node using standard transport protocols and security policies. eDelivery is a flexible tool that may be customised to each specific service.

(9)

eDelivery makes use of widely implemented security technologies, such as public key infrastructure (PKI), in order to ensure the authenticity, integrity and confidentiality of the information exchanged. Access to TACHOnet of non-EU Contracting Parties to the AETR should be granted by means of eDelivery.

(10)

The Contracting Parties to the AETR should follow a specific procedure to receive the digital certificates and the respective electronic keys granting access to TACHOnet.

(11)

The connection to TACHOnet by means of eDelivery implies that the Contracting Parties to the AETR are required to ensure that the electronic keys and certificates granting access to the system are protected and cannot be used by non-authorised parties. The Contracting Parties to the AETR should also guarantee that keys covered by certificates having expired are not used anymore.

(12)

It is necessary to guarantee the protection of personal data available to the parties through TACHOnet in accordance with the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981.

(13)

National authorities connected to TACHOnet have the obligation to carry out the relevant technical implementations in order to ensure that TACHOnet operates according to high levels of performance. It is the task of the Commission to set up the tests confirming that those levels of performance are achieved and to implement them in coordination with the national competent authorities.

(14)

In its judgment of 31 March 1971 in Case 22/70f4, the Court of Justice of the European Union recognised that the work of crews of vehicles engaged in road transport is an area that is an external competence of the Union. That competence has been exercised since then in numerous legal acts adopted by the Union, including Regulations (EC) No 561/2006f5 and (EU) No 165/2014 of the European Parliament and of the Council. Since the subject matter of the AETR falls within the scope of Regulation (EC) No 561/2006, the power to negotiate and conclude any relevant agreement and modifications thereto lies exclusively with the Union.

(15)

If accepted by the Group of Experts on AETR, the proposals made by the Contracting Parties may lead to an amendment of AETR, after a procedure for the revision of AETR is launched and concluded. Where those proposals are accepted by the Group of Experts on AETR, as a second step, the Union Member States as Contracting Parties to the AETR are under an obligation to cooperate in using the mechanism for the revision of the AETR, in line with the duty of sincere cooperation pursuant to Article 4(3) of the Treaty on European Union and subject to a Council decision in accordance with Article 218(6) of the Treaty on the Functioning of the European Union, as appropriate. The proposed amendments to the AETR will become effective only once the revision of the AETR is completed.

(16)

It is appropriate to establish the position to be taken on the Union's behalf in the Group of Experts on AETR, as the amendment to the AETR will be binding on the Union.

(17)

As the Union is not a Contracting Party to the AETR and its status does not allow it to communicate the proposed amendments, Member States, acting in the interest of the Union, should communicate the proposed amendments to the Group of Experts on AETR in the spirit of loyal cooperation in order to promote the achievement of the Union's objectives.

(18)

The Union's position is to be expressed by its Member States that are members of the Group of Experts on AETR and of the UNECE Working Party on Road Transport, acting jointly,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

OJ L 95, 8.4.1978, p. 1.

f2

Council Decision (EU) 2016/1877 of 17 October 2016 on the position to be adopted, on behalf of the European Union, in the Group of Experts on the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), and in the Working Party on Road Transport, of the United Nations Economic Commission for Europe (OJ L 288, 22.10.2016, p. 49).

f3

Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).

f4

ECLI:EU:C:1971:32.

f5

Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Annex ATTACHMENT: NEW APPENDIX TO THE AETR
  6. TACHOnet specifications
  7. Scope and purpose
  8. 1.1Division 1.1
  9. 1.2Division 1.2
  10. 2Definitions
  11. General responsibilities
  12. 3.1Division 3.1
  13. 3.2Division 3.2
  14. 3.3Division 3.3
  15. 3.4Division 3.4
  16. Tests for connection to TACHOnet
  17. 4.1Division 4.1
  18. 4.2Division 4.2
  19. 4.3Division 4.3
  20. Trust architecture
  21. 5.1Division 5.1
  22. 5.2Division 5.2
  23. 5.3Division 5.3
  24. 5.4Division 5.4
  25. 5.5Division 5.5
  26. 5.6Division 5.6
  27. Data protection and confidentiality
  28. 6.1Division 6.1
  29. 6.2Division 6.2
  30. Costs
  31. 7.1Division 7.1
  32. 7.2Division 7.2
  33. Subcontracting
  34. 8.1Division 8.1
  35. 8.2Division 8.2
  36. General aspects of TACHOnet
  37. 1General description
  38. 2Architecture
  39. Management
  40. 3.1Division 3.1
  41. 3.2Division 3.2
  42. 3.3Division 3.3
  43. 3.4Division 3.4
  44. Functionalities of TACHOnet
  45. 1Division 1
  46. 2Division 2
  47. 3Division 3
  48. 4Division 4
  49. 5Division 5
  50. Message provisions of TACHOnet
  51. General technical requirements
  52. 1.1Division 1.1
  53. 1.2Division 1.2
  54. 1.3Division 1.3
  55. XML messages structure and Schema definition (XSD)
  56. 2.1Division 2.1
  57. 2.2Division 2.2
  58. 2.3Division 2.3
  59. 2.4Division 2.4
  60. Transliteration and NYSIIS (New York State Identification and Intelligence System) services
  61. 1Division 1
  62. 2Division 2
  63. 3Division 3
  64. 4Division 4
  65. 5Division 5
  66. Security requirements
  67. 1Division 1
  68. 2Division 2
  69. 3Division 3
  70. Service levels
  71. 1Division 1
  72. 2Division 2
  73. 3Maintenance
  74. Logging and statistics of the data collected at the central hub
  75. 1Division 1
  76. 2Division 2
  77. 3Division 3
  78. 4The statistical data used for reporting shall include:
  79. General provisions regarding digital keys and certificates for TACHOnet
  80. 1Division 1
  81. 2Division 2
  82. 3Division 3
  83. 4Division 4
  84. 5Liabilities
  85. Description of the PKI service for TACHOnet
  86. 1Introduction
  87. Certificate Request Process
  88. Roles and responsibilities
  89. ‘Organisation’ or ‘national authority’ requesting the certificate
  90. 2.1.1.1Division 2.1.1.1
  91. 2.1.1.2Division 2.1.1.2
  92. Trusted Courier
  93. 2.1.2.1Division 2.1.2.1
  94. 2.1.2.2Division 2.1.2.2
  95. Domain Owner
  96. 2.1.3.1Division 2.1.3.1
  97. 2.1.3.2Division 2.1.3.2
  98. Registration Authority
  99. 2.1.4.1Division 2.1.4.1
  100. 2.1.4.2Division 2.1.4.2
  101. 2.1.4.3Division 2.1.4.3
  102. Certification Authority
  103. 2.1.5.1Division 2.1.5.1
  104. 2.1.5.2Division 2.1.5.2
  105. Certificate issuance
  106. 2.2.1Division 2.2.1
  107. 2.2.2Step 1: Trusted Courier identification
  108. Step 2: Certificate request creation
  109. 2.2.3.1Division 2.2.3.1
  110. 2.2.3.2Division 2.2.3.2
  111. Step 3: Registration at Registration Authority (Certificate approval)
  112. 2.2.4.1Division 2.2.4.1
  113. 2.2.4.2Division 2.2.4.2
  114. 2.2.4.3Division 2.2.4.3
  115. 2.2.4.4Division 2.2.4.4
  116. 2.2.4.5Division 2.2.4.5
  117. 2.2.4.6Division 2.2.4.6
  118. 2.2.4.7Division 2.2.4.7
  119. 2.2.5Step 4: Certificate generation
  120. Step 5: Certificate publication and retrieval
  121. 2.2.6.1Division 2.2.6.1
  122. 2.2.6.2Division 2.2.6.2
  123. 2.2.6.3Division 2.2.6.3
  124. 2.2.6.4Division 2.2.6.4
  125. 2.2.6.5Division 2.2.6.5
  126. 2.2.6.6Division 2.2.6.6
  127. 2.2.6.7Division 2.2.6.7
  128. Certificate revocation process
  129. 3.1Division 3.1
  130. 3.2Division 3.2
  131. General Terms and conditions of the CEF PKI service
  132. 4.1Context
  133. 4.2Disclaimer on liability
  134. Authorised/prohibited uses of certificates
  135. 4.3.1Permitted usage of certificates
  136. 4.3.2Prohibited usage of certificates
  137. 4.4Additional obligations of the certificate owner
  138. 5Contact persons and trusted couriers identification form (sample)
  139. Documents
  140. 6.1Individual Power of Attorney (sample)
  141. 6.2Certificate request paper form (sample)
  142. 7Glossary