Ares(2022)245980

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

Safe and secure parking areas are essential to improve drivers’ working conditions by allowing them to have a secure, safe and good-quality rest while having access to a minimum level of services. The development of safe and secure parking areas is crucial for the achievement of the objectives of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 1 , which aims to improve working conditions and road safety.

Road transport drivers can be the victims of cargo crime incidents especially when they transport high value goods. In addition, illegal boarding of immigrants on board of heavy-duty vehicles along certain routes tend to happen on rest areas while drivers rest. Safe and secure parking areas are therefore necessary to protect drivers from those threats but also for businesses to protect their loads against cargo crime.

Safe and secure parking areas are also crucial to ensure good resting conditions to road transport drivers. Guaranteeing the security of drivers while they rest is essential to ensure that they rest free of stress and do not accumulate fatigue. This should also contribute to road safety and prevent accidents due to fatigue.

The 2019 Commission Study on Safe and Secure parking places for trucks 2 showed that cargo crimes were, in the reference period comprehended in the study, more frequent than ever, and that about 75% of these incidents are happening when heavy-duty vehicles are parked in unsecure parking places.

This study also acknowledged the significant shortage of safe and secure parking areas in the Union today, where only 7,000 parking spaces are available, while it is estimated that the total demand of overnight parking for heavy-duty vehicles was of 400,000 per night.

As safe and secure parking areas remain too scarce, and the security and services provided by existing facilities are often insufficient and uncoordinated, there is a need to establish standards for safe and secure parking areas, and certification procedures for those same areas.

In view of all those elements, the co-legislators decided to empower the Commission to adopt a delegated act on the development of standards and certification procedures for safe and secure parking areas. For this purpose, a new Article 8a was added by Regulation (EU) 2020/1054 of the European Parliament and of the Council 3 to Regulation (EC) No 561/2006, according to which safe and secure parking areas in the Union shall comply with a number of requirements in order to be considered safe and secure, concerning namely intrusion detection and prevention, lighting and visibility, emergency contact points and procedures, gender-friendly sanitary facilities, food and beverage purchasing options, communications connections and power supply. The Commission should thus adopt a delegated act establishing standards which provide further detail on the level of service and security of those areas, as well as the procedures for their certification.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

The Commission discussed the draft Delegated Regulation with the Commission Expert group on Safe and Secure Parking Areas for Trucks, during several meetings held between 2020 and 2021. This group comprises experts nominated by the Member States and experts from the industry, which were carefully selected for their relevant expertise on this topic following a call for applications launched on 20 December 2018 4 .

The standards and certification procedures detailed in this act also build on the work of the abovementioned 2019 Commission Study to define the requirements around the security and the level of service of safe and secure parking areas. Key stakeholders from the road transport and logistics sector were consulted in the framework of this study.

The consultations carried out by the Commission were conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 5 . The experts of the European Parliament were invited to all meetings of this Expert group. In addition, the draft Delegated Regulation was subject to the Feedback Mechanism 6 .

3.LEGAL ELEMENTS OF THE DELEGATED ACT

The structure of the new Delegated Regulation follows the requirements set out in the legal basis for this act, namely Article 8a(2) of Regulation (EC) No 561/2006. It is structured around two main annexes, the first one detailing the minimum level of service and the four different levels of security with which safe and secure parking areas must comply in order to be certified as such, and the second one providing the rules on the certification procedures for these parking areas. The Delegated Regulation also includes a revision clause, according to which the Commission must assess, no later than four years after the adoption of the act, whether the established standards and certification procedures should be amended in light of the existing technological developments – including as regards the need to cater for better access to alternative fuels – and in order to continuously improve working conditions of drivers.

COMMISSION DELEGATED REGULATION (EU) …/...

of XXX

supplementing Regulation (EC) No 561/2006 of the European Parliament and of the Council with regard to the establishment of standards detailing the level of service and security of safe and secure parking areas and to the procedures for their certification

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 7 , and in particular Article 8a(2) thereof,

Whereas:

(1)Regulation (EC) No 561/2006 of the European Parliament and of the Council lays down rules on driving times, breaks and rest periods for drivers engaged in the carriage of goods and passengers by road in order to harmonise the conditions of competition between modes of inland transport, especially with regard to the road sector, and to improve working conditions and road safety.

(2)Road transport drivers must take daily and weekly rest periods in accordance with the applicable rules. Some of these rest periods are frequently spent on the road, particularly in cases where the drivers are engaged in long-distance international transport operations. It is therefore of utmost importance that drivers have access to parking areas where they can rest safely, with appropriate facilities for them to access the services they need.

(3)Article 8a(1) of Regulation (EC) No 561/2006 of the European Parliament and of the Council provides a list of requirements that safe and secure parking areas accessible to drivers engaged in the carriage of goods and passengers by road must fulfil, in relation to the levels of service and security of such parking areas.

(4)A 2019 Commission study on safe and secure parking areas in the European Union 8 , acknowledged the significant shortage of such facilities. It also came forward with some proposals, including standards for safe and secure parking areas and certification procedures.

(5)Given the current shortage of safe and secure parking areas in the Union, the development of such facilities should be encouraged at Union level to ensure that road transport drivers have access to safe and secure parking areas wherever they stop on Union roads.

(6)To stimulate the development of safe and secure parking areas, it is necessary to develop a common framework at Union level to ensure that the sector has access to clear and harmonised standards when using safe and secure parking areas across the Union.

(7)In order to improve working conditions of road transport drivers in accordance with Regulation (EC) No 561/2006, a minimum common level of services should be available on all safe and secure parking areas, regardless of their level of security. Appropriate parking areas should ensure that drivers have access to gender-friendly sanitary facilities, food and beverage purchasing and consumption options, the necessary connections to communicate, power supply and display emergency contact points and procedures.

(8)In view of the increasing number of cargo crime incidents affecting road transport drivers on the road, the security of road transport drivers must be enhanced to ensure that they rest free of stress and that they do not accumulate fatigue. Providing good resting conditions to drivers on safe and secure parking areas is crucial to ensure road safety and reduce the risk of accidents due to fatigue.

(9)Safe and secure parking areas are essential for the drivers and transport undertakings to protect their loads against cargo crime. Given the diversity of businesses and goods carried, transport operators and drivers should have access to parking areas with different levels of security on the basis of the goods they carry. The Union standards should therefore cater for the different types of businesses, and parking areas should provide different minimum levels of security.

(10)The security of parking areas should be achieved by ensuring that the appropriate security equipment and procedures are in place around its perimeter, on the parking area itself and at entry and exit points. Staff procedures should also be in place to ensure that risk prevention measures are adopted, and to mitigate the consequences of incidents when they occur.

(11)In order to provide transparency and certainty for users of safe and secure parking areas, parking areas should be certified by an independent certification body, according to procedures defined at Union level. Certification procedures on audits, re-audits and unannounced audits for safe and secure parking areas should be clearly specified to ensure that parking areas know how to apply for certification or re-certification. It should also be ensured that adequate procedures are deployed when it is found that a safe and secure parking area does not comply anymore with the level of service and/or security to which it has been certified.

(12)Complaint mechanisms should be available to users of safe and secure parking areas to report on non-compliance.

(13)Certification bodies should be able to issue audit certificates to the operators and also to communicate this information to the Commission, so that the list of safe and secure parking areas on the relevant official website can remain up-to-date.

(14)To take into account the fast development of digital technologies and in order to continuously improve working conditions of drivers, the Commission should assess the relevance of reviewing the harmonised standards and certification procedures no later than four years after the adoption of this act.

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down further detail on the standards to be complied with by the safe and secure parking areas for road transport drivers referred to in Article 8a(1) of Regulation (EC) No 561/2006 of the European Parliament and of the Council as regards their level of service and security, as well as the procedures for the certification of such parking areas.

Article 2

Security and service levels

In order to be certified as complying with the Union standards set out in this act, the safe and secure parking areas referred to in Article 8a(1) of Regulation (EC) No 561/2006 of the European Parliament and of the Council shall fulfil:

1.All of the requirements on the minimum level of service set out in Annex I, Section A; and

2.All of the requirements of one of the security levels set out in Annex I, Section B.

Article 3

Certification procedures

The certification of safe and secure parking areas according to the Union standards set out in this act shall comply with the requirements and procedures detailed in Annex II.

Article 4

Revision clause

No later than four years after the adoption of this delegated act, the Commission shall assess whether the standards and certification procedures provided in Annexes I and II should be amended in light of the existing technological developments, and in order to continuously improve working conditions of drivers.

Article 5

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

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

Done at Brussels,

For the Commission

The President
[…]

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ANNEX I

Union standards detailing the level of service and security of EU safe and secure parking areas

A.Minimum level of service

Safe and secure parking areas certified to Union standards shall meet the minimum level of services described in the table below.

Gender-friendly sanitary facilities

- Separate toilets and showers for male and for female users shall be available and working. Showers shall provide warm water.

- Water taps shall be available and working and providing warm water. Hand soap shall be provided free of charge.

- Waste bins shall be available on site and be regularly emptied.

- Toilets, showers and water facilities shall be cleaned and checked daily at regular intervals. The cleaning schedule shall be displayed.

Food and beverage purchasing and consumption options

- Snacks and drinks shall be available for purchase 24 hours a day, 7 days a week.

- A dining area for drivers shall be available.

Communication connections

- Internet connection shall be available free of charge.

Power supply

- Electric plugs shall be available for personal use.

- By 31 December 2026, electric power facilities for refrigerated road transport vehicles shall be available on-site.

Emergency contact points and procedures

- Clear signs shall be provided in order to ensure safe traffic movement at the parking facility.

- Emergency contacts shall be displayed at the parking facility at least in the national official language and in English. They shall be supported by easily understandable pictograms.

B.Levels of security

1.Safe and secure parking areas certified to Union standards shall meet the criteria set out under one of the security levels described in the tables below.

2.Safe and secure parking areas shall ensure that the equipment and procedures mentioned below under each level of security are fully operational.

3.The standards set out in this act are without prejudice to national legislation related to the tasks that have to be performed by licensed and trained, in-house or external, security staff. All security staff shall also have received adequate training when the national legislation requires so. The time periods for retaining data collected via CCTV shall be without prejudice to national law or Union legislation in that area. They shall apply to any mandatory and voluntary requirements under these standards.

4.The lighting values (Lux) indicated in the different security levels shall be average values.

5.Without prejudice to national law establishing additional requirements on training, operators of safe and secure parking areas shall ensure that their on-site and remote staff operating on safe and secure parking areas, as well as the parking manager, attend a training on the Union standards for safe and secure parking areas. New staff shall take this training within the six months following their entry into service. The training shall cover the following topics:

-Staff training and supervision;

-Incident management;

-Surveillance and monitoring;

-Technology.

6. Safe and secure parking areas shall display on-site the information for users on how to submit a complaint to the relevant certification body.

a.Bronze level

BRONZE LEVEL
Perimeter	- The perimeter of the safe and secure parking area shall be secured via a visual deterrent. The visual deterrent should be located on the ground to indicate the perimeter of the safe and secure parking area and that only freight vehicles and authorised vehicles are allowed in the parking area. - The perimeter of the safe and secure parking area shall be lit at 15 Lux. - Any vegetation around the perimeter of the safe and secure parking area shall be trimmed to ensure good visibility.
Parking area	- Appropriate signage shall indicate that only freight vehicles and authorised vehicles are allowed in the parking area. - Physical or remote surveillance checks shall be conducted minimum once every 24 hours. - Any vegetation in the parking area shall be trimmed to ensure good visibility - Any existing vehicle and pedestrian lanes of the parking area shall be lit at 15 Lux
Entry/Exit	- Entry and exit points of the safe and secure parking area shall be lit at 25 Lux - Video surveillance (CCTV) providing good image quality shall be installed and working at all entry and exit points of the safe and secure parking area. - The CCTV system shall have a minimum digital continuous recording (5 frames per second) or based on motion detection with pre- and post-recording and true day and night HD resolution cameras with 720 pixels. - The safe and secure parking area shall carry out a CCTV routine check once a week, of which a record must be kept for one week. The safe and secure parking area shall carry out a functional CCTV system check at least every 48 hours. - The CCTV data shall be kept for a maximum period of 30 days unless the applicable national or Union legislation requires a shorter permissible duration to apply. In this case, the longest possible duration allowed by law shall apply. - The safe and secure parking area shall have a CCTV warranty, service level agreement in place or demonstrate own maintenance capabilities. The CCTV systems at the safe and secure parking area shall always be operated by qualified technicians.
Staff procedures	- Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a security plan, which includes all aspects from risk prevention and mitigation to response in collaboration with law enforcement, shall be in place. - The safe and secure parking area shall appoint a formally responsible person for staff procedures in case of incidents. The safe and secure parking area staff must have access to a full list of local law enforcement at all times. - A procedure shall be in place for cases where unauthorised vehicles are parked in the safe and secure parking area. This procedure shall be clearly displayed on the safe and secure parking area. - The reporting of incidents and crimes to the staff and police shall be facilitated thanks to the display of a clear procedure at the safe and secure parking area.

b.Silver level

SILVER LEVEL
Perimeter	- The perimeter of the safe and secure parking area shall be secured via at least a physical deterrent which hinders the passage and only allows entrance and exit of the safe and secure parking areas via the defined entry and exit points. The perimeter of the safe and secure parking area shall be secured via continuous video monitoring and recording as well as by a visual deterrent. - The CCTV system shall have a minimum continuous digital recording of 5 frames per second or based on motion detection with pre- and post-recording and true day and night HD resolution cameras with 720 pixels. - The safe and secure parking area shall carry out a CCTV routine check every 72 hours, of which a record must be kept for one week. - The safe and secure parking area shall carry out a functional CCTV system check at least every 48h. - The CCTV data shall be kept for a maximum period of 30 days unless the applicable national or Union legislation requires a shorter permissible duration to apply. In this case, the longest possible duration allowed by law shall apply. - The safe and secure parking area shall have a CCTV warranty, service level agreement in place or demonstrate own maintenance capabilities. The CCTV systems at the safe and secure parking area shall always be operated by qualified technicians. - The perimeter of the safe and secure parking area shall be lit at 20 Lux. - Any vegetation around the perimeter of the safe and secure parking area shall be trimmed to ensure good visibility.
Parking area	- Appropriate signage shall indicate that only freight vehicles and authorised vehicles are allowed in the parking area. - Physical or remote surveillance checks shall be carried out minimum twice every 24 hours, and at least once during the day and once during the night. - Any existing vehicle and pedestrian lanes of the parking area shall be lit at 15 Lux - Any vegetation in the parking area shall be trimmed to ensure good visibility.
Entry/Exit	- Entry and exit points of the safe and secure parking area shall be lit at 25 Lux and be secured by barriers. Those barriers shall be equipped with a voice intercom system and ticketing system. - Video surveillance (CCTV) providing good image quality shall be installed and working at all entry and exit points of the safe and secure parking area. Requirements for CCTV under the section ‘perimeter’ of this level of security shall also apply for the purpose of CCTV at entry and exit points.
Staff procedures	- Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a security plan shall be in place to examine the particular risks faced by the safe and secure parking area due to factors such as its location, types of clients, traffic safety conditions, crime rates and general security considerations. - The safe and secure parking area shall appoint a formally responsible person for staff procedures in case of incidents. The safe and secure parking area staff must have access to a full list of local law enforcement at all times. - A procedure shall be in place for cases where unauthorised vehicles are parked in the safe and secure parking area. This procedure shall be clearly displayed on the safe and secure parking area. - The reporting of incidents and crimes to the staff and police shall be facilitated thanks to the display of a clear procedure at the safe and secure parking area. - Customer assistance shall be available 24/7

c.Gold level

GOLD LEVEL
Perimeter	- The perimeter of the safe and secure parking area shall be secured by a physical barrier of at least 1.8 metres high. There shall be a clear zone of 1 metre between the barrier and the parking area. - Measures to prevent unintentional damage to the barriers shall be put in place. - The perimeter of the safe and secure parking area shall be lit at 25 Lux. - The entire perimeter of the safe and secure parking area shall be monitored by continuous video surveillance, leaving no blank spots. - The CCTV system shall have a minimum continuous recording of 5 frames per second or based on motion detection with pre-and post-recording and true day and night HD resolution cameras with 720 pixels. - The safe and secure parking area shall carry out a CCTV routine check every 48 hours, of which a record must be kept for one week. - The safe and secure parking area shall carry out a functional CCTV system check at least every 24 hours. - The CCTV data shall be kept for a maximum period of 30 days unless the applicable national or Union legislation requires a shorter permissible duration to apply. In this case, the longest possible duration allowed by law shall apply - The safe and secure parking area shall have a CCTV warranty or service level agreement with at least one service visit by a qualified specialised organisation per year in place, or demonstrate own maintenance capabilities. The CCTV systems at the safe and secure parking area shall always be operated by qualified technicians. - The CCTV and access events shall be synchronised through a common noting software. - In case of a network outage all CCTV and access events shall be locally stored and uploaded once the connections are re-established to the central registration equipment. - Any vegetation around the perimeter of the safe and secure parking area shall be trimmed to ensure good visibility.
Parking area	- Appropriate signage shall indicate that only freight vehicles and authorised vehicles are allowed in the parking area. - Physical or remote surveillance checks shall be carried out minimum twice every 24 hours and at least once during the day and once during the night. - Lanes of the parking area and pedestrian lanes shall be marked and be lit at 15 Lux. - Any vegetation in the parking area shall be trimmed to ensure good visibility.
Entry/Exit	- Entry and exit points of the safe and secure parking area shall be lit at 25 Lux and be secured by barriers with under-climbing and over-climbing protection and traffic lights. - Video surveillance (CCTV) providing good image quality shall be installed and working at all entry and exit points of the safe and secure parking area. The entry and exit points shall be equipped with license plate recognition technology. Records of entering vehicles shall be saved in accordance with the applicable national or Union legislation . - Entry and exit points of the safe and secure parking area shall be secured through intrusion prevention and detection mechanisms such as turnstiles for pedestrians at minimum 1.80 metres high. Points of access to services such as toilets, restaurants and shops shall be equipped with tripod turnstiles when there is a direct access between the parking area and those services. -.
Staff procedures	- Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a security plan shall be in place to examine the particular risks faced by the safe and secure parking area due to factors such as its location, types of clients, traffic safety conditions, crime rates and general security considerations. - Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a business continuity plan shall be in place. It shall detail how to respond to disruptive incidents or maintain delivery of critical activities during an incident. - The management of the safe and secure parking area shall be able to demonstrate the existence of those measures. - A procedure shall be in place for cases where unauthorised vehicles are parked in the safe and secure parking area. This procedure shall be clearly displayed on the safe and secure parking area. - Customer assistance shall be available 24/7 - The reporting of incidents and crimes to the staff and police shall be facilitated thanks to the display of a clear procedure at the safe and secure parking area. - A formally responsible person for staff procedures shall be appointed. - The parking area management system shall be prepared for DATEX II data transfer.

d.Platinum level

PLATINUM LEVEL
Perimeter	- The perimeter of the safe and secure parking area shall be secured by means of a continuous barrier of at least 1.8 metres high with deterrents to climb over. There shall be a clear zone of 1 metre between the barrier and the parking area. - Measures to prevent intentional and unintentional damage to barriers shall be put in place. - The perimeter of the safe and secure parking area shall be lit at 25 Lux. - The entire perimeter of the safe and secure parking area shall be monitored by continuous video surveillance, leaving no blank spots. - The CCTV system shall have a minimum continuous digital recording of 5 frames per second or based on motion detection with pre- and post-recording and true day and night HD resolution cameras with 720 pixels. - The safe and secure parking area shall carry out a CCTV routine check every 48 hours, of which a record must be kept for one week. - The safe and secure parking area shall carry out a functional CCTV system check at least every 24 hours. - The CCTV data shall be kept for a minimum of 30 days unless the applicable national or Union legislation requires a shorter permissible duration to apply. In this case, the longest possible duration allowed by law shall apply. - The safe and secure parking area shall have a CCTV warranty or service level agreement with at least two service visits by a qualified specialised organisation per year in place or demonstrate own maintenance capabilities. The CCTV systems at the safe and secure parking area shall be operated the CCTV by qualified technicians. - The CCTV and access events shall be synchronised through a common noting software. - Security CCTV events shall be reviewed on the parking by web-based clients. In case of a network outage all CCTV and access events shall be locally stored and uploaded once the connections are re-established to the central registration equipment. - CCTV images shall be remotely controlled (24/7) by an external monitoring and alarm receiving centre, unless security staff is on site. - The CCTV system shall provide intrusion as well as over climbing alarms, and raise alarm by audio or light signalling on the parking as well as in monitoring and alarm receiving centres. - Any vegetation around the perimeter of the safe and secure parking area shall be trimmed to ensure good visibility.
Parking area	- Appropriate signage shall indicate that only freight vehicles and authorised vehicles are allowed in the parking area. - Lanes of the parking area and pedestrian lanes shall be market and be lit at 15 Lux. - Any vegetation in the parking area shall be trimmed to ensure good visibility. - The site shall be manned or video-controlled 24/7. - Requirements for CCTV under the section ‘perimeter’ of this level of security shall also apply for the purpose of CCTV at the parking area.
Entry/Exit	- Entry and exit points of the safe and secure parking area shall be lit at 25 Lux and be secured by gates with under-climbing and over-climbing protection or by barriers with over and under climbing protection supplemented by bollards. - Video surveillance (CCTV) providing good image quality shall be installed and working at all entry and exit points of the safe and secure parking area. Entry and exit points including pedestrian entry and exit points shall be monitored in real time. - Requirements for CCTV under the section ‘perimeter’ of this level of security shall also apply for the purpose of CCTV at entry and exit points. - Entry and exit points of the safe and secure parking area shall be secured through intrusion prevention and detection mechanisms such as turnstiles for pedestrians at minimum 1.80 metres high. Points of access to services such as toilets, restaurants and shops shall be equipped with tripod turnstiles when there is a direct access between the parking area and those services. - The entry and exit points of the safe and secure parking area shall be equipped with license plate recognition technology. When exiting the safe and secure parking area, the security staff shall verify if the license plate matches the entry and exit verification system identifier, e.g. tickets, RFID readers or QR codes. . Records of entering vehicles shall be saved in accordance with the applicable national or Union legislation - The entry and exit points of the safe and secure parking area shall be secured via a two-step verification system comprising the checks of the licence plate and an additional relevant method chosen by the safe and secure parking area which would allow identification and verification of the drivers, any person accompanying a driver and any other authorised person entering the parking.. - Any potential gatehouse shall be able to withstand an external attack, including a closing mechanism for the doors of the guardhouse.
Staff procedures	- Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, security plan shall be in place to examine the particular risks faced by the safe and secure parking area due to factors such as its location, types of clients, traffic safety conditions, crime rates and general security considerations. - Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a business continuity plan shall be in place. It shall detail how to respond to disruptive incidents or maintain delivery of critical activities during an incident. - The management of the safe and secure parking area shall be able to demonstrate the existence of those measures. - A procedure shall be in place for cases where unauthorised vehicles are parked in the safe and secure parking area. This procedure shall be clearly displayed on the safe and secure parking area. - Customer assistance is available 24/7 - The reporting of incidents and crimes to the security staff and police shall be facilitated thanks to the display of a clear procedure at the safe and secure parking area. - A formally responsible person for staff procedures shall be appointed. - A technical user manual shall be used. - Alarm response procedures shall be put in place. - The parking area management system shall be prepared for DATEX II data transfer. - Secure pre-booking shall be available via phone, contact forms, email, apps or booking platforms. If pre-booking is offered via apps or similar booking systems, data transmission must happen in real time.

ANNEX II

Certification procedures of EU safe and secure parking areas

A.Certification bodies and training of auditors

1.Only certification bodies and auditors meeting the requirements set out in this Annex shall be able to carry out the certification of safe and secure parking areas, according to the standards set out in this act.

2.Certification bodies whose auditors carry out audits in view of certifying safe and secure parking areas according to the standards set out in this act shall be in possession of a group accreditation according to ISO 17021.

3.Auditors carrying out certification audits in view of certifying safe and secure parking areas according to the standards set out in this act shall have a contractual relationship with the certification body.

4.In accordance with ISO 17021, certification bodies shall ensure that auditors carrying out audits in view of certifying safe and secure parking areas are properly trained.

5.Auditors of certification bodies shall have successfully passed a training for auditors on the latest version of the standards set out in this act comprising a theoretical and practical part.

6.Auditors of certification bodies shall have a good working knowledge of English as well as knowledge of the relevant local language where they carry the audit.

7.Certification bodies wishing to certify safe and secure parking areas shall forward the documents proving that they meet all the requirements under this section to the Commission. If the certification body meets all the criteria set out under this section, the name and contact details of that certification body shall be added to the official website referred to in Article 8a(1) of Regulation (EC) 561/2006.

B.Procedures on certification audits, unannounced audits and revocation of the safe and secure parking certificate

1.Certification audits of safe and secure parking areas shall take place physically. Parking operators willing to be certified according to the Union standards set out in this act shall make a request to a certification body to carry out a certification audit on their site.

2.Three months before the end of validity of the certificate, operators of safe and secure parking areas wishing to renew the certification shall request the certification body of their choice to be re-audited. The re-certification audit shall be organised and the results notified to the parking operator before the expiry date of the current certificate.

3.In case of exceptional circumstances that could have not been anticipated either by the certification body nor by the operator of the safe and secure parking area where the certification body is unable to carry out the requested re-certification audit, the certification body may decide to extend the validity of the current certificate for a duration of up to six months. Such an extension may be renewed only once.

The reasons for such an extension shall be communicated to the Commission by the certification body and the relevant information shall be made available on the single official website providing the list of certified safe and secure parking areas in accordance with Article 8a(1) of Regulation (EC) No 561/2006.

4.During the period of validity of the certificate of the safe and secure parking area, the relevant certification body shall carry out at least one unannounced audit on the standards set out in this act.

5.The certification body shall notify the results of the re-certification audits and of the unannounced audits to the operator of the safe and secure parking area without undue delay.

6.If following a re-certification audit or unannounced audit the certification body establishes that the safe and secure parking area no longer satisfies one or more requirements covered by the certificate, it shall notify the operator of the details of the failures observed and suggest the measures to remedy them. The certification body shall allow the operator to address those failures within a period set by the auditor, taking into account the seriousness of the failure observed. The operator shall inform the certification body of the measures taken to remedy those deficiencies and provide all the necessary details before the end of the set time period.

7.The certification body shall have 4 weeks for carrying out the assessment of the remedy measures applied by the operator. If it establishes that the safe and secure parking area satisfies all the minimum service requirements set out in this act and all the security requirements covered by the certificate, a new audit certificate for the requested level shall be issued. In case of an unannounced audit, the same audit certificate will continue to apply until its expiry.

8.If the certification body establishes that the safe and secure parking area satisfies all the minimum service requirements set out in this act and the security requirements of a different security level than the one covered by the existing certificate, a new audit certificate reflecting the appropriate level of security shall be issued. In cases of unannounced audits, a new audit certificate with the appropriate level of security shall be issued with the same expiry date that the audit certificate it replaces.

9.If, following a re-certification audit or unannounced audit and the assessment of any subsequent remedy measures, the certification body establishes that the safe and secure parking area does not satisfy the minimum service requirements and/or does not satisfy one or more of the security requirements covered by the existing certificate, the certification body shall revoke the certificate. The certification body shall immediately notify the operator, who shall be responsible for removing any reference to the Union standards on safe and secure parking areas on its site.

10.The safe and secure parking operator shall have the possibility to appeal to the certification body that carried out the audit in cases of disagreement to the outcome of the audit, in accordance with the ISO 17021 standard. After examination of the appeal, the certification body may decide not to revoke the audit certificate, or to issue a new audit certificate for a different level of security.

C.Requirements to fulfil after the audit by certification bodies and provision of information

1.Following the successful certification or re-certification audit, the certification body shall immediately issue the audit certificate to the parking operator, and shall send without delay a copy to the certified safe and secure parking area and to the Commission. It shall also inform the Commission when audit certificates have been revoked or when the level of security of safe and secure parking areas has changed following an audit. The audit certificate shall have a validity of three years.

2.In line with Article 8a(1) of Regulation (EC) No 561/2006, the Commission shall ensure that the relevant information on safe and secure parking areas certified according to the standards set out in this act are available and up-to-date on a single official website.

3.The certification bodies shall set up an online complaint mechanism for users of safe and secure parking areas.

4.In line with Article 8a(4) of Regulation (EC) No 561/2006, certification bodies shall cooperate with the Commission in exchanging information and feedback collected in order to propose improvements and/or clarifications to the standards set out in this act, when relevant.

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