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REGULATION (EU) 2025/13 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 December 2024
on the collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (1), and in particular Article 4(1) thereof,
Whereas:
(1) The Internal Market Information System (‘IMI’), formally established by the IMI Regulation, is a software application accessible via internet, developed by the Commission in cooperation with the Member States, to assist Member States in the practical implementation of information exchange requirements laid down in Union law pertaining to the internal market by providing a centralised communication mechanism to facilitate the cross-border exchange of information and mutual assistance.
(2) Directive 2007/59/EC of the European Parliament and of the Council (2) sets out certain common rules for the certification of train drivers in order to overcome national differences thus contributing to the aims of Union policies on the freedom of movement of workers, freedom of establishment and freedom to provide services in the context of the common transport policy, in order to make it easier for train drivers to move from one Member State to another. This includes, in particular, the interconnection of national registries of train drivers’ licences and certificates.
(3) The European Railway Agency (ERA) established by Regulation (EC) No 881/2004 of the European Parliament and the Council (3) was set up to support the Commission in ensuring an harmonised approach to rail interoperability and safety in the Union.
(4) A ‘Feasibility Study of Interoperable Registers of Train Driving Licences and Complementary Certificates’ by the ERA and adopted on 2 April 2013, deemed that IMI was a suitable tool to implement an information exchange between national licence registers and recommended that a pilot project be organised
(5) Commission Decision 2010/17/EC (4) sets out that the European Railway Agency is responsible for monitoring and reporting on the functioning of the pilot. The IMI Regulation requires the Commission to evaluate the outcome of the pilot.
(6) The measures provided for in this Decision are in accordance with the opinion of the Internal Market Information System Committee,
HAS ADOPTED THIS DECISION:
(a) point (b) of Article 22(1) of Directive 2007/59/EC, in conjunction with points 4 and 5 of Annex I to Decision 2010/17/EC;
(b) Article 29(2) of Directive 2007/59/EC;
(c) Article 29(3) of Directive 2007/59/EC;
(d) point (b) of Article 29(4) of Directive 2007/59/EC, for requests for further inspection or suspension.
2. Administrative cooperation pursuant to paragraph 1 shall be implemented following the procedure set out in Annex I.
(a) point (b) of Article 29(4) of Directive 2007/59/EC for information to the Commission and other competent authorities;
(b) point (c) of Article 29(4) of Directive 2007/59/EC for information to the Commission and other competent authorities;
(c) the second subparagraph of Article 29(4) of Directive 2007/59/EC for information to the Commission and other competent authorities;
(d) Article 29(5) of Directive 2007/59/EC, for referral to the Commission.
2. Administrative cooperation pursuant to paragraph 1 shall be implemented following the procedure set out in Annex II
(a) data protection issues;
(b) cost-effectiveness;
(c) effective translation functionalities;
(d) user-friendliness;
(e) overall user’s satisfaction.
2. The evaluation of the pilot project shall be based on statistical information retrieved from IMI and on feedback from participants, including at least one on-line user survey addressed to the competent authorities.
(1) OJ L 316, 14.11.2012, p. 1.
(2) Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community (OJ L 315, 3.12.2007, p. 51).
(3) Regulation (EC) No 881/2004 of the European Parliament and the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) (OJ L 164, 30.4.2004, p. 1).
(4) Commission Decision 2010/17/EC of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (OJ L 8, 13.1.2010, p. 17).
(5) Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, p. 44).
(1) OJ L 316, 14.11.2012, p. 1.
(2) Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community (OJ L 315, 3.12.2007, p. 51).
(3) Regulation (EC) No 881/2004 of the European Parliament and the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) (OJ L 164, 30.4.2004, p. 1).
(4) Commission Decision 2010/17/EC of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (OJ L 8, 13.1.2010, p. 17).
(5) Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, p. 44).
ELI: http://data.europa.eu/eli/dec_impl/2014/89/oj