Europaparlaments- og rådsforordning (EU) 2024/1230 av 24. april 2024 om endring av forordningene (EF) nr. 80/2009, (EU) nr. 996/2010 og (EU) nr. 165/2014 med hensyn til visse rapporteringskrav innen sektorene for veitransport og luftfart
Rapporteringskrav innen veitransport og luftfart (forordning)
Europaparlaments- og rådsforordning publisert i EU-tidende 29.4.2024
Tidligere
- Forslag til europaparlaments- og rådsforordning lagt fram av Kommisjonen 17.10.2023
- Europaparlamentets plenumsbehandling 13.3.2024
Nærmere omtale
BAKGRUNN (fra europaparlaments- og rådsforordningen)
(1) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline such 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 (3), (EU) No 996/2010 (4) and (EU) No 165/2014 (5) of the European Parliament and of the Council contain a number of reporting requirements in the fields of road transport and aviation, which should be simplified in line with the Commission’s Communication of 16 March 2023 entitled ‘Long-term competitiveness of the EU: looking beyond 2030’.
(3) 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, additionally, at the request of the Commission.
(4) The auditing and reporting obligation established by Regulation (EC) No 80/2009 is intended to allow the Commission to monitor the application of specific rules for parent carriers laid down by that Regulation. Those rules are in particular meant to prevent parent carriers from discriminating against competing CRSs and to prevent CRSs owned by parent carriers from discriminating against other carriers. The evaluation of Regulation (EC) No 80/2009 carried out in 2020 by the Commission suggested that those rules relating to parent carriers might be redundant, since airlines no longer own CRSs and there is no evidence that airlines would seek to acquire CRSs 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 audited reports when necessary, in order to be able to effectively enforce the parent carrier rules.
(5) 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 in particular 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 Regulation (EU) 2018/1139 of the European Parliament and of the Council (6), which covers the entire Union aviation system including accident investigations.
(6) 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 fitters and workshops who are approved to carry out installations, checks, inspections and repairs of tachographs and the cards issued to them. That Regulation also requires the Commission to publish those lists on its website.
(7) The combination of the fact that workshop cards are valid for one year and the fact that the communication from Member States to the Commission only provides a snapshot of the approved workshops and of the 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, at least once per year. The Commission should publish the list of all Member States’ websites where that information can be found. Some Member States already have such websites. That obligation would therefore result in a reduced administrative burden for both the Commission and Member States, and reduced enforcement costs for stakeholders, by ensuring a more up-to-date and effective distribution of information.
(8) Since the objective of this Regulation, namely to simplify the reporting requirements laid down in Regulations (EC) No 80/2009, (EU) No 996/2010 and (EU) No 165/2014, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(9) Regulations (EC) No 80/2009, (EU) No 996/2010 and (EU) No 165/2014 should therefore be amended accordingly,