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Provisions For National Transport Delleimprese Logbook Road.

Original Language Title: Disposizioni in materia di Registro elettronico nazionale delleimprese di trasporto su strada.

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THE HEAD OF DEPARTMENT
Transport, shipping,
general affairs and personnel Having regard to Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the activities' of road transport operator and repealing Council Directive 96/26 of the Council; In view of art. 16, paragraph 1 of Regulation (EC) No. 1071/2009 which provides that each Member State shall keep a national electronic register of road transport undertakings authorized to pursue the occupation of road transport; In view of art. 16, paragraph 2 of Regulation (EC) No. 1071/2009 which provides that the national electronic registers shall contain at least the information provided therein; Having regard to the Commission Decision of 17 December 2009 on minimum requirements for the data to be entered in the national electronic register of road transport undertakings; The Order of the Head of the Department for Transport, navigation and information and statistical systems of 25 November 2011 on the technical provisions of the first application of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the activities' of road transport operator and repealing Council Directive 96/26 / EC; The Order of the Head of the Department for Transport, navigation and information and statistical systems of 10 January 2012, entitled 'Implementing provisions Art. 11, paragraph 1 and paragraph 2, paragraph 1 of the Decree of the Head of the Department for Transport, navigation and information and statistical systems of 25 November 2011 relating to the national electronic register of undertakings engaged in the occupation of road transport "; The Order of the Head of the Department for Transport, navigation and information and statistical systems of 23 July 2012 laying down the "Provisions of the first implementation, for the transport of passengers by road, art. 4, paragraph 4 of the Decree of the Head of the Department for Transport, navigation and information and statistical systems of 10 January 2012 relating to the national electronic register of undertakings engaged in the occupation of road transport. '; In view of art. 226 of Legislative Decree 30 April 1992, n. 285 (the Highway Code), on the organization of the archives and files of the National Secretary, Ministry of Infrastructure and Transport; In view of art. 402 of the Decree of the President of the Republic December 16, 1992, n. 495, bearing the implementing regulation and implementation of the new rules of the road, on the National Vehicle archive; Having regard to Legislative Decree 30 June 2003 n. 196 (Code regarding the protection of personal data); Considering that Article. 11 of the Decree of the Head of the Department for Transport, navigation and information and statistical systems of 25 November 2011 established the national electronic register of companies which are authorized to pursue the occupation of carrier of goods or passengers by road (REN) ; Considering that Article. 4, paragraph 4 of the Decree of 10 January 2012 provides that the data contained in the section "Companies and Managers' in Article. 2, paragraph 1 of the decree are accessible, for consultation, to the public, in accordance with methods' defined by decree of the Head of the Department for Transport, navigation and information and statistics systems and in compliance with current provisions on protection of personal data; Considering that the national electronic register of road transport undertakings, as regards the transport of goods, and 'populated by companies that are, in via prior, duly registered in the National Road Haulage of things for account of third parties; Given the findings of the cartel's July 25, 2012 of the technical panel Ministry-Regions, set up at the Presidency of the Council of Ministers-Joint Conference, under which the Ministry and 'committed to making certain information available to allow certain regulatory bodies essential controls for issuing authorizations for access to the market for the transport of passengers; Deemed it necessary to further clarify the conditions of public access to the road transport of goods, the data in art. 4, paragraph 4 of the aforementioned decree of 10 January 2012; Given the opportunity 'to use, for the purposes mentioned above, the portal of the motorist (www.ilportaledellautomobilista.it); Considered the opportunity 'to make available to the public data of the companies for which, on the basis of computer records, and' concluded the process of obtaining authorization for the exercise of the occupation of road transport; Given the mode 'release of the registration certificate provided for in Article. 85, paragraph 3, with reference to the rental service with driver for the transportation of persons, and art. 87, paragraph 3, with reference to the service line for transport of persons, of the legislative decree 30 April 1992 n. 285; Given the need 'to detail aspects of the structure of the section' Penalties 'of the national electronic register of road transport undertakings, for the registration profile of the infringements sanctioned or declarations of unfitness', also in view of the enactment of a European Regulation that implementing the art. 6, paragraph 2, letter b) of Regulation (EC) No. 1071/2009, on the level of gravity 'of the grave breaches of the European legislation on road transport, which can lead to the loss of good repute' of the transport; Considering that pursuant to art. 16, paragraph 2, subparagraph 2 of Regulation No. 1071/2009 breaches included in the list of the Commission Regulation referred to in Article. 6, paragraph 2, letter. b) must be included in the national electronic register of transport companies as of 1 January 2016, unless otherwise provided by the European Union, in addition to the offenses of which went to the list in Annex IV of the aforementioned Regulation 1071/2009;
Decrees:
Art. 1
Data released to the public 1. They are made accessible to the public, through the Portal of the motorist, for consultation purposes, the following data relating to companies registered in the national electronic register of road transport undertakings (REN), referred to ' art. 1 of the Decree of the Head of the Department for Transport, navigation and information and statistical systems of 10 January 2012:
a) the name and legal form, registered office, VAT number and / or social security number and, for companies carry out transport of goods, the number of registration in the National Register of drivers of things for account of third parties;
B) the names of the transport managers;
C) number of license to practice (registration number at REN) and authorization status;
D) the type of authorization (suitability 'national or international transport), the number of vehicles it covers, serial number of the Community license and expiration date. 2. For the road transport of goods, shall be made accessible data relating only to companies registered with the REN for which has been completed the process of obtaining authorization for the exercise of the occupation of road transport under of Regulation (EC) No. 1071/2009 and that it is included, with the status of "permanent", to 'national register of road hauliers of things for account of third. 3. For the transport of passengers, the data relating to all companies registered with the REN are made accessible. For businesses already 'operating in the Dec. 4, 2011, the publication will deal with' only those who have completed the process of obtaining authorization for the exercise of the occupation of road transport within the meaning of Regulation (EC) No. 1071/2009. 4. The Division 7 - Data Processing Center (DPC) - Directorate General for the operation provides the technical work needed to make accessible to the public, only mode 'consultation, as indicated in art. 2, the data referred to in the preceding paragraph of this article, starting with the day following the date of publication of this decree in the Official Gazette of the Italian Republic.