Legal provisions of COM(2020)176 - Temporary measures in view of COVID-19 on the validity of certificates, licences and authorisations and postponing checks and training in areas of transport legislation

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dossier COM(2020)176 - Temporary measures in view of COVID-19 on the validity of certificates, licences and authorisations and postponing checks ...
document COM(2020)176 EN
date May 25, 2020

Contents

Article 1 - Subject matter

This Regulation lays down specific and temporary measures applicable to the renewal and extension of the period of validity of certain certificates, licences and authorisations and to the postponement of certain periodic checks and periodic training in response to the extraordinary circumstances caused by the COVID‐19 outbreak in the area of road, rail and inland waterway transport and of maritime security.

Article 2 - Extension of time limits provided for in Directive 2003/59/EC

1. Notwithstanding Article 8(2) and (3) of Directive 2003/59/EC, the time limits for the completion, by the holder of a certificate of professional competence (CPC), of periodic training which, in accordance with those provisions, would otherwise have expired or would otherwise expire between 1 February 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of seven months in each case. The CPC shall remain valid accordingly.

2. The validity of the marking of harmonised Union code, ‘95’ provided for in Annex I to Directive 2006/126/EC made by the competent authorities either on the driving licence or on the driver qualification card referred to in Article 10(1) of Directive 2003/59/EC on the basis of the CPC referred to in paragraph 1 of that Article shall be deemed to be extended for a period of seven months from the date indicated on each such driving licence or driver qualification card.

3. The validity of driver qualification cards referred to in Annex II to Directive 2003/59/EC which would otherwise have expired or would otherwise expire between 1 February 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of seven months from the expiry date indicated on each such card.

4. Without prejudice to the cross‐border activities referred to in paragraphs 1, 2 and 3 of this Article, measures taken by Member States in accordance with the provisions of Directives 2003/59/EC and 2006/126/EC referred to in paragraphs 1, 2 and 3 of this Article during the period between 1 February 2020 and 28 May 2020 shall remain valid.

5. Where a Member State considers that the completion of periodic training or its certification, the marking of the harmonised Union code, ‘95’, or the renewal of driver qualification cards is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraphs 1, 2 and 3, as relevant. That request may concern the period between 1 February 2020 and 31 August 2020 or the periods of seven months specified in paragraphs 1, 2 and 3, as relevant, or both. It shall be submitted to the Commission by 1 August 2020.

6. Where, upon a request submitted in accordance with paragraph 5, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1, 2 and 3 respectively, as justified in each case. The extension shall be limited to reflect the period during which completion of the periodic training in question or the certification thereof, the marking of the harmonised Union code, ‘95’, or the renewal of driver qualification cards, is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

Article 3 - Extension of time limits provided for in Directive 2006/126/EC

1. Notwithstanding Article 7 of Directive 2006/126/EC and point 3(d) of Annex I to that Directive, the validity of driving licences which, in accordance with those provisions, would otherwise have expired or would otherwise expire between 1 February 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of seven months from the date of expiry referred to in each such driving licence.

2. Where a Member State considers that the renewal of driving licences is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraph 1. That request may concern the period between 1 February 2020 and 31 August 2020 or the period of seven months, or both. It shall be submitted to the Commission by 1 August 2020.

3. Where, upon a request submitted in accordance with paragraph 2, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraph 1, as justified in each case. The extension shall be limited to reflect the period during which the renewal of driving licence is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

4. Where a Member State has not been, and is likely not to be, confronted by difficulties that rendered the renewal of driving licences impracticable during the period between 1 February 2020 and 31 August 2020 as a consequence of the extraordinary circumstances caused by the COVID‐19 outbreak, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraph 1, after first informing the Commission. The Commission shall inform the other Member States thereof and shall publish a notice in the Official Journal of the European Union.

The Member State that has decided not to apply paragraph 1 as provided for in the first subparagraph shall not impede the cross‐border activities of any economic operator or individual that has relied on derogations set out in paragraph 1 that apply in another Member State.

Article 4 - Extension of time limits provided for in Regulation (EU) No 165/2014

1. Notwithstanding Article 23 of Regulation (EU) No 165/2014, the regular inspections provided for in paragraph 1 of that Article that would otherwise have had to or would otherwise have to be carried out between 1 March 2020 and 31 August 2020 in accordance with that paragraph shall be carried out no later than six months following the date on which they had would otherwise have to be carried out according to that Article.

2. Notwithstanding Article 28 of Regulation (EU) No 165/2014, where a driver applies for the renewal of a driver card in accordance with paragraph 1 of that Article between 1 March 2020 and 31 August 2020, the competent authorities of the Member States shall issue a new driver card no later than two months after the receipt of the request. Until the driver receives a new driver card from the card‐issuing authorities, Article 35(2) of that Regulation shall apply to the driver mutatis mutandis, provided that the driver can prove that the renewal of the driver card was requested in accordance with Article 28(1) of that Regulation.

3. Notwithstanding Article 29(4) of Regulation (EU) No 165/2014, where a driver applies for the replacement of a driver card in accordance with paragraph 4 of that Article between 1 March 2020 and 31 August 2020, the competent authorities of the Member States shall issue a replacement card no later than two months after the receipt of the request. Notwithstanding Article 29(5) of Regulation (EU) No 165/2014, the driver may continue to drive until a new driver card is received from the card‐issuing authorities provided that the driver can prove that the driver card was returned to the competent authority when it was damaged or malfunctioning and that its replacement was requested.

4. Where a Member State considers that the regular inspections, the renewal of driver cards or the replacement of driver cards as required by Regulation (EU) No 165/2014 are likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraphs 1, 2 and 3, as relevant. That request may concern the period between 1 March 2020 and 31 August 2020 or the applicable deadlines for the issuance of a new driver card, or both. It shall be submitted to the Commission by 1 August 2020.

5. Where, upon a request submitted in accordance with paragraph 4, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1, 2 and 3, respectively, as justified in each case. The extension shall be limited to reflect the period during which the regular inspections or renewals or replacements of driver cards are likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

6. Where a Member State has not been, and is likely not to be, confronted by difficulties that rendered regular inspections, the renewal of driver cards or the replacement of driver cards impracticable during the period between 1 March 2020 and 31 August 2020 as a consequence of the extraordinary circumstances caused by the COVID‐19 outbreak, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 1, 2 and 3, after first informing the Commission. The Commission shall inform the other Member States thereof and shall publish a notice in the Official Journal of the European Union.

The Member State that has decided not to apply paragraphs 1, 2 and 3 as provided for in the first subparagraph shall not impede the cross‐border activities of any economic operator or individual that has relied on derogations set out in paragraphs 1, 2 and 3 that apply in another Member State.

Article 5 - Extension of time limits provided for in Directive 2014/45/EU

1. Notwithstanding Articles 5(1) and 10(1) of Directive 2014/45/EU and point 8 of Annex II to that Directive, the time limits for the roadworthiness tests, which in accordance with those provisions, would otherwise have had to or would otherwise have to be carried out between 1 February 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of seven months.

2. Notwithstanding Article 8 of Directive 2014/45/EU and point 8 of Annex II to that Directive, the validity of roadworthiness certificates with a date of expiry between 1 February 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of seven months.

3. Where a Member State considers that the carrying out of roadworthiness tests or the certification thereof is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 February 2020 and 31 August 2020 or the period of seven months, or both. It shall be submitted to the Commission by 1 August 2020.

4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1 and 2, respectively, as justified in each case. The extension shall be limited to reflect the period during which the performance of roadworthiness tests or the certification thereof is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that rendered the performance of roadworthiness tests or the certification thereof impracticable during the period between 1 February 2020 and 31 August 2020 as a consequence of the extraordinary circumstances caused by the COVID‐19 outbreak, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 1 and 2, after first informing the Commission. The Commission shall inform the other Member States thereof and shall publish a notice in the Official Journal of the European Union.

The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first subparagraph shall not impede the cross‐border activities of any economic operator or individual that has relied on derogations set out in paragraphs 1 and 2 that apply in another Member State.

Article 6 - Extension of time limits provided for in Regulation (EC) No 1071/2009

1. Notwithstanding Article 13(1), point (c), of Regulation (EC) No 1071/2009, where a competent authority establishes on the basis of the annual accounts and certificates referred to in Article 7(1) and (2) of that Regulation for accounting years covering all or part of the period between 1 March 2020 and 30 September 2020 that a transport undertaking does not satisfy the requirement of financial standing laid down in Article 3(1), point (c), of that Regulation, the time limit set by the competent authority for the purposes of Article 13(1), point (c), of that Regulation shall not exceed 12 months.

2. Notwithstanding Article 13(1), point (c), of Regulation (EC) No 1071/2009, where the competent authority has established before 28 May 2020 that a transport undertaking does not satisfy the requirement of financial standing laid down in Article 3(1), point (c), of that Regulation and has set a time limit for the transport undertaking to rectify the situation, the competent authority may extend that time limit, provided that the time limit has not expired by 28 May 2020. The time limit thus extended may not exceed 12 months.

Article 7 - Extension of time limits provided for in Regulation (EC) No 1072/2009

1. Notwithstanding Article 4(2) of Regulation (EC) No 1072/2009, the validity of the Community licences which would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months. Certified true copies shall remain valid accordingly.

2. Notwithstanding Article 5(7) of Regulation (EC) No 1072/2009, the validity of the driver attestations which would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months.

3. Where a Member State considers that the renewal of Community licences or of driver attestations is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 March 2020 and 31 August 2020 or the period of six months, or both. It shall be submitted to the Commission by 1 August 2020.

4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1 and 2, respectively, as justified in each case. The extension shall be limited to reflect the period during which the renewal of Community licences or of driver attestations is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that rendered the renewal of Community licences or of driver attestations impracticable during the period between 1 March 2020 and 31 August 2020 as a consequence of the extraordinary circumstances caused by the COVID‐19 outbreak, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 1 and 2, after first informing the Commission. The Commission shall inform the other Member States thereof and shall publish a notice in the Official Journal of the European Union.

The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first subparagraph shall not impede the cross‐border activities of any economic operator or individual that has relied on derogations set out in paragraphs 1 and 2 that apply in another Member State.

Article 8 - Extension of time limits provided for in Regulation (EC) No 1073/2009

1. Notwithstanding Article 4(4) of Regulation (EC) No 1073/2009, the validity of the Community licences which would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months. Certified true copies shall remain valid accordingly.

2. Notwithstanding Article 8(3) of Regulation (EC) No 1073/2009, decision on application for authorisation of regular services submitted by the carrier between 12 December 2019 and 31 August 2020 shall be taken by the authorising authority within six months of the date of the submission of the application. Notwithstanding Article 8(2) of Regulation (EC) No 1073/2009, the competent authorities of the Member States whose agreement has been requested in respect of such applications in accordance with paragraph 1 of that Article shall notify the authorising authority of their decision on the application within three months. Where the authorising authority does not receive a reply within three months, the authorities consulted shall be deemed to have given their agreement, and the authorising authority may grant the authorisation. The extension of the time limit to three months for the Member States whose agreement has been requested under Article 8(2) of Regulation (EC) No 1073/2009 shall apply to applications that have been received after 27 March 2020.

3. Where a Member State considers that the renewal of Community licences is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraph 1. That request may concern the periods between 1 March 2020 and 31 August 2020 or between 12 December 2019 and 31 August 2020 or the period of six months, or any combination thereof. It shall be submitted to the Commission by 1 August 2020.

4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraph 1, as justified in each case. The extension shall be limited to reflect the period during which the renewal of Community licences is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that rendered the renewal of Community licences impracticable during the period between 1 March 2020 and 31 August 2020 as a consequence of the extraordinary circumstances caused by the COVID‐19 outbreak, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraph 1, after first informing the Commission. The Commission shall inform the other Member States thereof and shall publish a notice in the Official Journal of the European Union.

The Member State that has decided not to apply paragraph 1 as provided for in the first subparagraph shall not impede the cross‐border activities of any economic operator or individual that has relied on derogations set out in paragraph 1 that apply in another Member State.

Article 9 - Extension of time limits provided for in Directive (EU) 2016/798

1. Notwithstanding Article 10(13) of Directive (EU) 2016/798, the time limits for renewal of single safety certificates which would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months. The single safety certificate concerned shall remain valid accordingly.

2. Notwithstanding Article 12(2) of Directive (EU) 2016/798, the validity of safety authorisations which, in accordance with that provision, would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months.

3. Where a Member State considers that the renewal of single safety certificates issued in accordance with Article 10(8) of Directive (EU) 2016/798 or the extension of the period of validity of safety authorisations is likely to remain impracticable beyond 31 August 2020 due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 March 2020 and 31 August 2020 or the period of six months specified in paragraphs 1 and 2 respectively, or both. It shall be submitted to the Commission by 1 August 2020.

4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1 and 2 respectively, as justified in each case. The extension shall be limited to reflect the period during which the renewal of single safety certificates or the extension of the period of validity of safety authorisations is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

Article 10 - Extension of time limits provided for in Directive 2004/49/EC

1. Notwithstanding Article 10(5) of Directive 2004/49/EC, the time limits for renewal of safety certificates which would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months. The safety certificates concerned shall remain valid accordingly.

2. Notwithstanding Article 11(2) of Directive 2004/49/EC, the time limits for renewal of safety authorisations which would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months. The safety authorisation concerned shall remain valid accordingly.

3. Where a Member State considers that the renewal of safety certificates or of safety authorisations is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 March 2020 and 31 August 2020 or the periods of six months specified in paragraphs 1 and 2 respectively, or both. It shall be submitted to the Commission by 1 August 2020.

4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1 and 2 respectively, as justified in each case. The extension shall be limited to reflect the period during which the renewal of safety certificates or of safety authorisations is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

Article 11 - Extension of time limits provided for in Directive 2007/59/EC

1. Notwithstanding Article 14(5) of Directive 2007/59/EC, the licences which otherwise would have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months from the date of expiry of each such licence.

2. Notwithstanding Article 16 of and Annexes II and VII to Directive 2007/59/EC, the time limits for the completion of the periodic checks which, in accordance with those provisions, would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months in each case. The licences referred to in Article 14 and the certificates referred to in Article 15 of that Directive shall remain valid accordingly.

3. Where a Member State considers that the renewal of licences or the completion of periodic checks is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation, to apply an extension of the periods specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 March 2020 and 31 August 2020 or the period of six months specified in paragraphs 1 and 2 respectively, or both. It shall be submitted to the Commission by 1 August 2020.

4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1 and 2 respectively, as justified in each case. The extension shall be limited to reflect the period during which the renewal of licences or the completion of periodic checks is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

5. Where a Member State has not been, and is likely not to be, confronted by difficulties that rendered the renewal of licences or the completion of periodic checks impracticable during the period between 1 March 2020 and 31 August 2020 as a consequence of the extraordinary circumstances caused by the COVID‐19 outbreak, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 1 and 2, after first informing the Commission. The Commission shall inform the other Member States thereof and shall publish a notice in the Official Journal of the European Union.

The Member State that has decided not to apply paragraphs 1 and 2 as provided for in the first subparagraph shall not impede the cross‐border activities of any economic operator or individual that has relied on derogations set out in paragraph 1 and 2 that apply in another Member State.

Article 12 - Extension of time limits provided for in Directive 2012/34/EU

1. Notwithstanding Article 23(2) of Directive 2012/34/EU, where a licensing authority has made provision for a regular review, the time limits for the performance of a regular review which, in accordance with those provisions, would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months.

2. Notwithstanding Article 24(3) of Directive 2012/34/EU, the validity of temporary licences which would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months from the date of end of validity indicated on each temporary licence.

3. Notwithstanding Article 25(2) of Directive 2012/34/EU, the licensing authority shall take a decision in respect of applications submitted between 12 January 2020 and 31 August 2020 not later than nine months after all relevant information, notably the particulars referred to in Annex III to that Directive, has been submitted.

4. Where a Member State considers that the carrying out of a regular review or the termination of the suspension of licences or the issuance of new licences in cases where licences have previously been revoked is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 March 2020 and 31 August 2020 or the period of six months, or both. It shall be submitted to the Commission by 1 August 2020.

5. Where, upon a request submitted in accordance with paragraph 4 the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraph 1, as justified in each case. The extension shall be limited to reflect the period during which the termination of the suspension of licences or the issuance of new licences in cases where licences have previously been revoked is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

Article 13 - Treatment of licences of railway undertakings under Directive 2012/34/EU in the event of non‐compliance with financial fitness requirements

Notwithstanding Article 24(1) of Directive 2012/34/EU, where a licensing authority, based on a check referred to in that provision, carried out during the period between 1 March 2020 and 31 August 2020, finds that a railway undertaking can no longer meet the requirements relating to financial fitness referred to in Article 20 of that Directive, it may, before 31 August 2020 decide not to suspend or revoke the licence of the railway undertaking concerned, provided that safety is not at risk and provided that there is a realistic prospect of a satisfactory financial reconstruction of the railway undertaking within the following six months.

Article 14 - Extension of time limits provided for in Directive 96/50/EC

1. Notwithstanding Article 6(2) of Directive 96/50/EC, the time limits for undergoing medical examinations which, in accordance with that provision, would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended for a period of six months. The boatmasters’ certificates of persons subject to obligation to undergo medical examinations referred to in Article 6(2) of that Directive shall remain valid accordingly.

2. Where a Member State considers that the completion of medical examinations is likely to remain impracticable beyond 31 August 2020 due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraph 1. That request may concern the period between 1 March 2020 and 31 August 2020 or the period of six months specified in paragraph 1, or both. It shall be submitted to the Commission by 1 August 2020.

3. Where, upon a request submitted in accordance with paragraph 2, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraph 1, as justified in each case. The extension shall be limited to reflect the period during which the completion of medical examinations is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

Article 15 - Extension of time limits provided for in Directive (EU) 2016/1629

1. Notwithstanding Article 10 of Directive (EU) 2016/1629, the validity of Union inland navigation certificates, which would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020, shall be deemed to be, or to have been, extended for a period of six months.

2. Notwithstanding Article 28 of Directive (EU) 2016/1629, the validity of documents falling within the scope of that Directive and issued by the competent authorities of the Member States under Directive 2006/87/EC before 6 October 2018, which, in accordance with that provision, would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020, shall be deemed to be, or to have been, extended for a period of six months.

3. Where a Member State considers that the renewal of Union inland navigation certificates or of documents referred to in paragraph 2 is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 March 2020 and 31 August 2020 or the periods of six months specified in paragraphs 1 and 2 respectively, or both. It shall be submitted to the Commission by 1 August 2020.

4. Where, upon a request submitted in accordance with paragraph 3, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods specified in paragraphs 1 and 2 respectively, as justified in each case. The extension shall be limited to reflect the period during which the renewal of Union inland navigation certificates or of documents referred to in paragraph 2 is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

Article 16 - Extension of time limits provided for in Regulation (EC) No 725/2004

1. Notwithstanding Article 3(6) of Regulation (EC) No 725/2004, the time limits for carrying out the periodic review of port facility security assessments which, in accordance with that provision, would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended until 30 November 2020.

2. By way of derogation from Part B, Section 13.6, of Annex III to Regulation (EC) No 725/2004, if drills could not have been conducted or cannot be conducted within the intervals specified therein in 2020, they shall be conducted at least twice during 2020 with a maximum interval of six months between them.

3. Notwithstanding Part B, Sections 13.7 and 18.6, of Annex III, to Regulation (EC) No 725/2004 the 18-month time limits for the carrying out of the various types of exercises which, in accordance with those provisions, would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended by six months in each case, but in any event not beyond 31 December 2020.

4. For the purposes of the requirements set out in Part B, Sections 13.7 and 18.6, of Annex III to Regulation (EC) No 725/2004, under which the various types of exercises are to be carried out at least once each calendar year, exercises carried out in 2021 during the period covered by an authorisation issued pursuant to paragraph 5 of this Article, shall be deemed also to have been carried out in 2020.

5. Where a Member State considers that the carrying out of port facility security assessments or of the various types of exercises referred to in Part B Sections 13.7 and 18.6, of Annex III to Regulation (EC) No 725/2004, is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods and the deadlines specified in paragraphs 1 and 3, as relevant. That request may concern the period between 1 March 2020 and 31 August 2020, the deadlines or the period of six months specified in paragraphs 1 and 3 respectively, or any combination thereof. It shall be submitted to the Commission by 1 August 2020.

6. Where, upon a request submitted in accordance with paragraph 5, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods and the deadlines specified in paragraphs 1 and 3 respectively, as justified in each case. The extension shall be limited to reflect the period during which the carrying out of port facility security assessments or of the various types of exercises is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

Article 17 - Extension of time limits provided for in Directive 2005/65/EC

1. Notwithstanding Article 10 of Directive 2005/65/EC, the time limits for the carrying out of the review of port security assessments and port security plans which, in accordance with that Article, would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended by six months in each case but in any event not beyond 30 November 2020.

2. Notwithstanding Article 7(7) and Annex III of Directive 2005/65/EC, the 18-month time limits for the completion of training exercises which, in accordance with that Annex, would otherwise have expired or would otherwise expire between 1 March 2020 and 31 August 2020 shall be deemed to be, or to have been, extended by six months in each case, but in any event not beyond 30 November 2020.

3. For the purposes of the requirement set out in Annex III to Directive 2005/65/EC, according to which training exercises are to be carried out at least once each calendar year, training exercises carried out in 2021 during the period covered by an authorisation issued pursuant to paragraph 4 of this Article, shall be deemed also to have been carried out in 2020.

4. Where a Member State considers that the carrying out of the review of port security assessments or port security plans or the carrying out of training exercises is likely to remain impracticable beyond 31 August 2020, due to measures that it has taken to prevent or contain the spread of COVID‐19, it may submit a reasoned request for an authorisation to apply an extension of the periods and the deadlines specified in paragraphs 1 and 2, as relevant. That request may concern the period between 1 March 2020 and 31 August 2020, the deadlines or the periods of six months specified in paragraphs 1 and 2 respectively, or any combination thereof. It shall be submitted to the Commission by 1 August 2020.

5. Where, upon a request submitted in accordance with paragraph 4, the Commission finds that the requirements laid down in that paragraph are met, it shall adopt a decision authorising the Member State concerned to apply an extension of the periods and the deadlines specified in paragraphs 1 and 2 respectively, as justified in each case. The extension shall be limited to reflect the period during which the completion of the review of port security assessments or port security plans or the completion of training is likely to remain impracticable and, in any event, shall not be longer than six months.

The Commission shall publish that decision in the Official Journal of the European Union.

Article 18 - Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 4 June 2020.

However, Article 3(4), Article 4(6), Article 5(5), Article 7(5), Article 8(5) and Article 11(5) shall apply from 28 May 2020.

The first, second and third paragraph of this Article do not affect the retroactive effects provided for in Articles 2 to 17.

This Regulation shall be binding in its entirety and directly applicable in all Member States.