Electronic freight transport information

KEY POINTS

Application

The regulation applies to regulatory information requirements on the transport of goods set out in the EU legal acts listed in points 1-5 below, and to regulatory information requirements laid down in delegated or implementing acts adopted by the European Commission in accordance with the legal acts listed under points 1-7 below (listed in Part A of Annex I):

1. EEC Council Regulation No 11 on inland navigation (see summary);
2. Council Directive 92/106/EEC on intermodal transport (see summary);
3. Regulation (EC) No 1072/2009 on international road haulage (see summary);
4. Regulation (EC) No 1013/2006 on waste shipments (see summary);
5. Directive 2008/68/EC on inland transport of dangerous goods (see summary);
6. Directive (EU) 2016/797 on the interoperability of the rail system (see summary);
7. Regulation (EC) No 300/2008 on civil aviation security (see summary).

The regulation also applies to similar information requirements in relevant national laws (listed in Part B of Annex I).

Electronic freight transport information (eFTI)

Electronic freight transport information (eFTI) is a set of data elements processed electronically for the purpose of exchanging regulatory information among economic operators (mainly companies involved in freight transport and logistics) and between operators and competent authorities.

Operators are not obliged to make regulatory information available electronically to a competent authority. However, when they choose to make this information available electronically, operators must:

• use data processed on a certified eFTI platform and, if applicable, by a certified eFTI service provider;
• make data available in machine-readable format via an authenticated and secure connection to the data source of an eFTI platform, and, when the data is requested for inspection, communicate to the authorities a unique identifying link to that data;
• present data in human-readable format if requested by the competent authority, on the spot, on the operator's device.

Relevant authorities must:

• accept regulatory information made available electronically by operators;
• accept waste shipment regulatory information without the agreement referred to in Regulation (EC) No 1013/2006;
• be able to access and process electronically the eFTI data made available by operators;
• provide official validation, such as stamps or certificates, electronically, where such validation is required as part of the regulatory information.

Relevant authorities, eFTI service providers and operators must keep commercial information confidential and ensure it is accessed and processed only when authorised.

eFTI data sets, access rules and procedures for authorities, eFTI platforms and service providers

The European Commission must adopt delegated or implementing acts no later than 21 February 2023 to:

• establish and amend the eFTI common data set and data subsets, to reflect the respective regulatory information requirements, that:
  • specify the definition and technical characteristics for each data element,
  • take into account relevant international conventions and EU law,
  • aim to ensure the interoperability with relevant internationally accepted data models;
• lay down common procedures and detailed rules for access by relevant authorities to eFTI platforms, with a view to:
  • making administrative procedures more efficient,
  • minimising compliance costs, both for the economic operators concerned and the relevant authorities.

The eFTI platforms used for processing regulatory data must provide functionalities to ensure that:

• personal data processing complies with data protection laws;
• commercial data is kept confidential;
• competent authorities can access and process data in accordance with the specifications adopted;
• operators can make information available to competent authorities;
• a unique electronic identifying link can be established between a shipment and the related data elements;
• data can be processed solely through authorised and authenticated access;
• data processing is recorded in operation logs;
• data can be archived and remain accessible;
• data are protected against corruption and theft.

eFTI service providers must ensure that:

• data is processed only by authorised users;
• data is stored and accessible in accordance with EU and national law;
• competent authorities have immediate access to regulatory information free of any charges or fees;
• data is appropriately secured, including against unauthorised or unlawful processing and against accidental loss, destruction or damage.

No later than 21 August 2023, the Commission will adopt the first implementing act to cover these requirements for eFTI platforms and eFTI service providers.

Certification

Conformity assessment bodies will be accredited by national accreditation bodies in EU Member States to certify eFTI platforms and eFTI service providers.