(fra kommisjonsforordningen)

(1)    Regulation (EU) 2020/1056 requires competent authorities in the Member States to accept regulatory information when made available electronically by the economic operators concerned in compliance with the requirements laid down in that Regulation and, more specifically, by means of electronic freight transport information (eFTI) platforms that are certified to comply with the requirements laid down in that Regulation.

(2)    Economic operators concerned, as well as ICT solution providers, should be able to flexibly re-use ICT solutions that are currently used in the transport and logistics sector, such as for managing internal business process flows and communications with business partners in the supply chain, in order to develop eFTI platforms. The possibility to build on existing solutions would enable the faster and cost-efficient development of eFTI platforms and facilitate faster and wider uptake of eFTI by economic operators concerned without significant technological investment or business process burden. 

(3)    Pursuant to Article 12 of Regulation (EU) 2020/1056, a certification process of eFTI platforms should be put in place, whereby compliance with the requirements laid down in Article 9(1) of that Regulation is to be assessed. Once certification has been issued by a conformity assessment body accredited in one of the Member States in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council , it will be valid in all Member States. The detailed common functional and technical specifications for the functioning of the eFTI platforms laid down in this Regulation should therefore allow the Commission to define at a later stage, pursuant to Article 12 of Regulation (EU) 2020/1056, the detailed rules necessary to ensure uniform assessment of the compliance of eFTI platforms in view of their certification. 

(4)    Commercial data sensitivity remains a main factor influencing the willingness of economic operators to share data electronically. In order to build the confidence of economic operators concerned, the requirements for eFTI platforms should ensure that the data stored by economic operators on eFTI platforms is made available to competent authorities only based on secure and authenticated connections with the systems used by competent authorities. Furthermore, the data made available to competent authorities should be limited to information requirements specified in the requests for access to eFTI data, and only when these requests are transmitted by competent authorities in accordance with the functional and technical specifications laid down in Commission Implementing Regulation (EU) 2024/1942 . For the same reason, economic operators concerned should receive information, including through real time notifications, on all requests for access by competent authorities to the data they made available on the eFTI platform, including, when lodged, of the corresponding follow-up communications. 

(5)    Implementing Regulation (EU) 2024/1942 lays down common procedures and detailed rules for the accessing and processing by competent authorities of information made available by economic operators concerned on eFTI platforms. This includes specific functional and technical requirements for communication between the ICT systems used by the competent authorities and the eFTI platforms. To ensure interoperability and seamless communication between the systems used by the competent authorities and the eFTI platforms, the common functional and technical requirements for eFTI platforms should be compatible with those laid down for the systems used by the competent authorities. 

(6)    Access by economic operators to eFTI platforms should also be ensured through secure and transparent access management mechanisms. Only authorised users should be able to access and process eFTI data on behalf of economic operators. Authorisations should be based on processing rights that are clearly identified and are issued under the control of the economic operators that hold rights or obligations in relation to that data, pursuant to applicable Union or national law or specific commercial agreements. At the same time, authorisations should be granted only to users that have been reliably identified and authenticated, using electronic identification means compliant with the requirements laid down in Regulation (EU) No 910/2014 of the European Parliament and of the Council . Such access management mechanisms should build trust among economic operators to share their eFTI data at source and would therefore eliminate the need for multiple data storage points and reduce associated costs and complexities in data management and synchronisation, among others. 

(7)    The provisions referred to in Article 2(1) of Regulation (EU) 2020/1056 allow economic operators concerned, in most cases, to re-use business-to-business documents to provide the required freight transport information. The detailed specifications laid down in this Regulation should follow the same spirit, by focusing on how freight transport information should be shared electronically with the competent authorities. They should not lay down requirements for the electronic format and use of business documents, in order not to impact freight transport information beyond the scope of Regulation (EU) 2020/1056 or the flexibility of economic operators in preparing and exchanging information in business-to-business contexts. It is therefore appropriate that this Regulation lays down specifications for the composition of the eFTI data set that enable economic operators concerned to prove, by sharing the same data only once, compliance with the applicable Union and national regulatory information requirements referred to in Article 2(1) of Regulation (EU) 2020/1056. The eFTI data set should be composed in accordance with the specifications for the eFTI common data set and eFTI data subsets laid down in the Annex to Commission Delegated Regulation (EU) 2024/2024 . When providing the information for the eFTI data set, economic operators should be able to re-use, to the largest extent possible, information available in their internal electronic data management systems, such as enterprise resource planning or transportation management systems, which they use to manage commercial transport documents such as consignment notes or transport orders.

(8)    Pursuant to Article 4 of Regulation (EU) 2020/1056, the economic operators concerned are not obliged to make data available electronically to the competent authorities, as they continue to retain the right to present the regulatory information on freight transport in the form of paper documents. eFTI platform operators should therefore ensure that the economic operators concerned are informed that, by processing data on the eFTI platform, they agree that the regulatory information on freight transport recorded and otherwise processed as eFTI data on an eFTI platform is made available by that platform to the competent authorities, on behalf of the respective operator concerned, whenever the platform receives requests for access to eFTI data by the competent authorities transmitted in accordance with the requirements of Implementing Regulation (EU) 2024/1942. The eFTI platform operators should also ensure that operators are informed that, by processing data on the eFTI platform, they agree that the eFTI platform makes the corresponding data processing logging records available for auditing in accordance with applicable Union or national law.   

(9)    Article 27(3) of Regulation (EU) 2024/1157 of the European Parliament and of the Council  provides for interoperability with the eFTI exchange environment of the central system for the electronic submission and exchanges of waste shipments information and documents between economic operators concerned and competent authorities, also referred to as the digital waste shipment system (DIWASS), established in accordance with that Regulation. Furthermore, Article 5(2) of Commission Implementing Regulation (EU) 2025/1290  specifies that users representing economic operators concerned acting as carriers for the shipment of waste may connect to DIWASS by means of an eFTI platform interconnected with that system through an application programming interface. To ensure interoperability between the eFTI platforms and DIWASS, it is necessary to lay down specifications for exchanging waste information falling under the scope of Regulation (EU) 2020/1056, as referred to in Article 2(1), point (a)(iv) of that Regulation. This interoperability will make it easier for carriers that perform waste transport operations to prove compliance, by electronic means, both with requirements for availability of regulatory information during the transport operation, as provided for in the provisions referred to in Article 2(1) of Regulation (EU) 2020/1056. 

(10)    The data that economic operators record on eFTI platforms will have substantial commercial value, both to allow economic operators concerned to prove compliance with administrative requirements and as a basis for commercial transactions, provision of services, and business monitoring and planning. It is therefore essential that, in addition to rigorous access management policies, eFTI platform operators put in place measures that ensure the continuous accessibility, preservation and security of that data, whether it is stored on physical storage devices under the control of the eFTI platform operator or in data clouds purchased as part of data storage services. To that end, and without affecting applicable Union or national cybersecurity requirements, eFTI platform operators should adhere to the latest international best practices and standards on data privacy and data security, such as ISO 27001, ISO 27017 and ISO 27701. When personal data are processed in the context of the application of this regulation, Regulation (EU) 2016/679 of the European Parliament and of the Council  applies.  

(11)    To enable eFTI platform operators to take account of continuously evolving technical developments and standards, the detailed specifications laid down in this Regulation should not go beyond necessary requirements to ensure functional and minimum technical interoperability with other components within the eFTI exchange environment, as provided for in Implementing Regulation (EU) 2024/1942. At the same time, seamless interoperability between these different ICT components cannot be achieved without a set of common and detailed technical specifications that can be easily updated and shared among all stakeholders. Technical guidance documents should therefore be developed to support the implementation of this Regulation, involving stakeholders from both the public and the private sector, and in particular the working group of experts appointed by the Member States to act as a network of operational support in accordance with Article 13 of Implementing Regulation (EU)  2024/1942, and relevant working groups or sub-groups of the Digital Transport and Logistics Forum Expert Group .

(12)    The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council  and delivered an opinion on 8 July 2027.

(13)    The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 15(1) of Regulation (EU) 2020/1056,