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Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU) 2020/698 (Text with EEA relevance) article 4 CELEX: 32021R0267 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 which would otherwise have had to or would otherwise have to be carried out between 1 September 2020 and 30 June 2021 in accordance with that paragraph shall be carried out no later than 10 months following the date on which they 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 September 2020 and 30 June 2021, 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. |
Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU) 2020/698 (Text with EEA relevance) article 4 CELEX: 32021R0267 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 September 2020 and 30 June 2021, 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. |
Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU) 2020/698 (Text with EEA relevance) article 4 CELEX: 32021R0267 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 30 June 2021, 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 September 2020 and 30 June 2021, the period of 10 months or the applicable deadlines for the issuance of a new driver card, or any combination thereof. It shall be submitted to the Commission by 31 May 2021. |
Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU) 2020/698 (Text with EEA relevance) article 4 CELEX: 32021R0267 5. Where, upon a request submitted in accordance with paragraph 4, the Commission finds that the requirements laid down in that paragraph are fulfilled and that the requested extension does not lead to disproportionate risks in terms of transport safety and security, 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. |
Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU) 2020/698 (Text with EEA relevance) article 4 CELEX: 32021R0267 6. Where a Member State has not been, and is not likely 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 September 2020 and 30 June 2021 as a consequence of the extraordinary circumstances caused by the persistence of the COVID-19 crisis, or has taken appropriate national measures to mitigate such difficulties, that Member State may decide not to apply paragraphs 1, 2 and 3. The Member State shall inform the Commission about its decision by 3 March 2021. 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 of this paragraph 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. |