Annexes to COM(2018)279 - Electronic freight transport information - Main contents
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| dossier | COM(2018)279 - Electronic freight transport information. |
|---|---|
| document | COM(2018)279  |
| date | July 15, 2020 |
REGULATORY INFORMATION THAT FALLS WITHIN THE SCOPE OF THIS REGULATION
PART A – Regulatory information requirements referred to in point (b) of Article 2(1)
List of delegated and implementing acts referred to in point (b) of Article 2(1):
| (1) | Commission Implementing Regulation (EU) 2015/1998 (1) laying down detailed measures for the implementation of the common basic standards on aviation security: Annex 6.3.2.6 (a), (b), (c), (d), (e), (f) and (g). |
PART B – National law
The relevant provisions of national law requiring the provision of information identical, in whole or in part, to the information specified in points (a) and (b) of Article 2(1) are listed below.
[Member State]
| (1) | Legal act: [provision] |
(1) Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 299, 14.11.2015, p. 1).
ANNEX II
REQUIREMENTS RELATING TO CONFORMITY ASSESSMENT BODIES
1.
A conformity assessment body shall be established under national law and have legal personality.
2.
A conformity assessment body shall be a third-party body independent of the organisation or the eFTI platform or platform service provider it assesses.
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of eFTI platform or platform service provider which it assesses may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.
3.
A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the eFTI platform or platform service provider which they assess, nor the representative of any of those parties.
A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of that eFTI platform or platform service provider, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are accredited. This shall in particular apply to consultancy services.
Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.
4.
Conformity assessment bodies and their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field, and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.
5.
A conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it by Articles 12 and 13 of this Regulation, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.
A conformity assessment body shall have at its disposal the necessary:
| (a) | personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks; |
| (b) | descriptions of procedures in accordance with which conformity assessment is carried out; |
| (c) | procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure and the degree of complexity of the technology in question. |
A conformity assessment body shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner.
6.
The personnel responsible for carrying out conformity assessment tasks shall have the following:
| (a) | sound technical and vocational training covering all the conformity assessment activities; |
| (b) | satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments; |
| (c) | appropriate knowledge and understanding of the requirements set out in Articles 9 and 10 of this Regulation; |
| (d) | the ability to draw up compliance certificates, records and reports demonstrating that assessments have been carried out. |
7.
The impartiality of the conformity assessment bodies, their top level management and of the personnel responsible for carrying out the conformity assessment tasks shall be guaranteed.
The remuneration of the top level management and personnel responsible for carrying out the conformity assessment tasks of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.
8.
Conformity assessment bodies shall take out liability insurance, unless liability is assumed by the State in accordance with national law or the Member State itself is directly responsible for the conformity assessment.
9.
The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Articles 12 and 13 of this Regulation or any provision of national law giving effect to them, except to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.
10.
Conformity assessment bodies shall participate in, or ensure that their personnel responsible for carrying out the conformity assessment tasks are informed of, the relevant standardisation activities and relevant regulatory activities.