Commission Implementing Regulation (EU) 2023/2381 of 29 September 2023 amending Implementing Regulation (EU) 2016/480 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings

Official Journal EN of the European Union L series 2023/2381 5.10.2023 COMMISSION IMPLEMENTING REGULATION (EU) 2023/2381 of 29 September 2023 amending Implementing Regulation (EU) 2016/480 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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 occupation of road transport operator and repealing Council Directive 96/26/EC(1), and in particular Article 16(6) thereof, After consulting the Road Transport Committee referred to in Article 42(1) of Regulation (EU) No 165/2014 of the European Parliament and of the Council(2), Whereas: (1) Article 16(1) of Regulation (EC) No 1071/2009 requires the Member States to keep a national electronic register of road transport undertakings that have been authorised by a competent authority to engage in the occupation of road transport operator. (2) Article 16(5) and (6) of Regulation (EC) No 1071/2009 requires the national electronic registers to be interconnected, mandating the Commission to adopt common rules concerning such interconnection. (3) Commission Implementing Regulation (EU) 2016/480(3)sets up an electronic system for the interconnection of the national electronic registers, called the European Registers of Road Transport Undertakings (‘ERRU’). By interconnecting all the national electronic registers, the information contained in each national electronic register is made available to the competent national authorities of all Member States. (4) Regulation (EC) No 1071/2009 has been amended by Regulation (EU) 2020/1055(4), now requiring national registers to include additional information on road transport undertakings. Such additional information must also be made available to the competent national authorities of the Member States during roadside checks. Consequently, ERRU should be updated to provide the functionalities that allow the additional information to be exchanged, as well as made available to the relevant authorities. (5) Implementing Regulation (EU) 2016/480 should therefore be amended accordingly. (1) OJ L 300, 14.11.2009, p. 51. (2) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1). (3) Commission Implementing Regulation (EU) 2016/480 of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings and repealing Regulation (EU) No 1213/2010 (OJ L 87, 2.4.2016, p. 4). (4) Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector (OJ L 249, 31.7.2020, p. 17). ELI: http://data.europa.eu/eli/reg_impl/2023/2381/oj 1/15EN OJ L, 5.10.2023 HAS ADOPTED THIS REGULATION: Article 1 Implementing Regulation (EU) 2016/480 is amended as follows: (1) In Article 2, the following point is added: ‘(l) “Clean check” means a check where no infringements are detected’; (2) In Article 5, paragraph 2 is replaced by the following: ‘2. Member States shall grant control bodies in charge of roadside checks access to the Check Transport Undertaking Data functionality.’; (3) Annexes II, III, VI and VIII are amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the twentieth 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, 29 September 2023. For the Commission The President Ursula VON DER LEYEN 2/15 ELI: http://data.europa.eu/eli/reg_impl/2023/2381/ojEN OJ L, 5.10.2023 ANNEX Annexes II, III, VI and VIII to Implementing Regulation (EU) 2016/480 are amended as follows: (1) in Annex II, point 1 is replaced by the following: ‘1. The following functionalities shall be provided through ERRU: 1.1. Check Good Repute (CGR): allows the requesting Member State to send a query to one or all responding Member States, to determine the fitness of a transport manager and so the authorisation to operate a transport undertaking. 1.2. Notification of Check Result (NCR): allows the Member State where the check was carried out to notify the result of a check to the Member State of establishment. When a serious infringement has been found during the check, the Member State where the infringement was detected notifies the Member State of establishment through NCR that the transport undertaking has committed a serious infringement, and may request penalties to be applied to the transport undertaking in the Member State of establishment. When no infringement has been detected during the check, NCR allows the Member State where the check has been carried out to notify the Member State of establishment the positive result of the check. 1.3. Check Transport Undertaking Data (CTUD): allows the requesting Member State to send a query to the responding Member State about the following data that are specific to a transport undertaking: — information about the Community Licence and the certified true copies, — risk rating and risk rating band, — number of vehicles at the disposal of the transport undertaking, — registration number and registration country of the vehicles at the disposal of the transport undertaking, — number of employees. 1.4. Notification of Unfitness (NU): allows a Member State to inform all other Member States that a transport manager has been declared unfit and that as a result, its certificate of professional competence is no longer valid in any Member State.’; (2) In Annex III, the Appendix is replaced by the following: ‘Appendix Minimum requirements for the content of the XML messages Common Header Mandatory Version The official version of the XML specifications will be specified through the Yes namespace defined in the message XSD and in the version attribute of the Header element of any XML message. The version number (“n.m”) will be defined as fixed value in every release of the XML Schema Definition file (xsd). Test Identifier Optional id for testing. The originator of the test will populate the id and all No participants in the workflow will forward/return the same id. In production it should be ignored and will not be used if it is supplied. Technical A UUID uniquely identifying each individual message. The sender generates a UUID Yes Identifier and populates this attribute. This data is not used in any business capacity. Workflow The workflowId is a UUID and should be generated by the requesting Member Yes Identifier State. This id is then used in all messages to correlate the workflow. Sent At The date and time (UTC) that the message was sent. Yes ELI: http://data.europa.eu/eli/reg_impl/2023/2381/oj 3/15EN OJ L, 5.10.2023 Timeout This is an optional date and time (in UTC format) attribute. This value will be set No only by the central hub for forwarded requests and is calculated based on the date/time the initial request has been received by the central hub. This will inform the responding Member State of the time when the request will be timed out. This value is not required in initial requests sent to the central hub and all response messages. From The ISO 3166-1 Alpha 2 code of the Member State sending the message or “EU”. Yes To The ISO 3166-1 Alpha 2 code of the Member State to which the message is being Yes sent or “EU”. Check Good Repute Check Good Repute Request Mandatory Business Case A serial or reference number identifying each individual request. Yes Identifier Requesting The competent authority that has issued the search request. Yes Competent Authority Transport Manager Details Yes, if no CPC details Family Name Transport manager’s family name(s) as indicated on the CPC. Yes First Name Transport manager’s complete given name as indicated on the certificate of Yes professional competence. Date of Birth Transport manager’s birth date in ISO 8601 format (YYYY-MM-DD). Yes Place of Birth Transport manager’s place of birth. No Address The address, city, postcode and country of the transport manager. No CPC Details Yes, if no transport manager details CPC Number Number of certificate of professional competence Yes CPC Issue Date Date of issuance of the CPC, in ISO 8601 format (YYYY-MM-DD). Yes CPC Issue Issuing country of the CPC in ISO 3166-1 alpha 2 format. Yes Country Check Good Repute Response Mandatory Business Case A serial or reference number matching the business case identifier of the request. Yes Identifier 4/15 ELI: http://data.europa.eu/eli/reg_impl/2023/2381/ojEN OJ L, 5.10.2023 Requesting The competent authority that has issued the search request. Yes Competent Authority Responding The competent authority that has responded to the search request. Yes Competent Authority Status Code The status code of the search (e.g. found, not found, error, etc.). Yes Status Message An explanatory status description (if necessary). No Found Transport Manager Details Yes if Status Code is Found Family Name Transport manager’s family name(s) as recorded in the register. Yes First Name Transport manager’s complete given name as recorded in the register. Yes Date of Birth Transport manager’s birth date in ISO 8601 format (YYYY-MM-DD) as recorded in Yes the register. Place of Birth Transport manager’s place of birth as recorded in the register. No CPC Number Number of certificate of professional competence as recorded in the register. Yes CPC Issue Date Date of issuance of the CPC, in ISO 8601 format (YYYY-MM-DD) as recorded in the Yes register. CPC Issue Issuing country of the CPC in ISO 3166-1 alpha 2 format as recorded in the register. Yes Country CPC Validity Declaration of either “Valid” or “Invalid” Yes Total Managed The number of transport undertakings with which the transport manager is Yes Undertakings associated. Total Managed The total number of vehicles with which the transport manager is associated. Yes Vehicles Fitness Declaration of either “Fit” or “Unfit”. Yes Start Date of Start date of unfitness of the transport manager in ISO 8601 format (YYYY- Yes if “Fitness” Unfitness MM-DD). is “Unfit”. End Date of End date of unfitness of the transport manager in ISO 8601 format (YYYY- Yes if “Fitness” Unfitness MM-DD). is “Unfit”. Search Method The method used to find the transport manager: NYSIIS, CPC, Custom. Yes ELI: http://data.europa.eu/eli/reg_impl/2023/2381/oj 5/15EN OJ L, 5.10.2023 Transport Undertaking (for each found Transport Manager) Yes if Managed Undertakings > 0 Transport The name of the transport undertaking (name and legal form) as recorded in the Yes Undertaking register. Name Transport The address of the transport undertaking (address, postal code, city, country) as Yes Undertaking recorded in the register. Address Community The serial number of the Community licence of the transport undertaking (free text Yes Licence Number alphanumeric field with length 1 to 20). Community The status of the community licence of the transport undertaking as recorded in the Yes Licence Status register. Managed The number of vehicles managed as recorded in the register. Yes Vehicles Notification of Check Result Notification of Check Result Mandatory Business Case A serial or reference number identifying each individual notification. Yes Identifier Notifying The competent authority that issues the notification. Yes Competent Authority Transport Undertaking Yes Transport The name of the transport undertaking being object of the check. Yes Undertaking Name Community The serial number of the community licence or of the certified true copy of the Yes Licence Number transport undertaking (free text alphanumeric field with length 1 to 20). Vehicle The vehicle registration number of the vehicle checked Yes Registration Number Vehicle The country in which the vehicle checked is registered Yes Registration Country General information about the check Date of check Date of check in ISO 8601 format (YYYY-MM-DD) Yes Clean check Yes/No Yes 6/15 ELI: http://data.europa.eu/eli/reg_impl/2023/2381/ojEN OJ L, 5.10.2023 Minor infringements Yes, if minor infringe- ment(s) detected during the check Date of minor Date of the infringement in ISO 8601 format (YYYY-MM-DD) Yes infringement Number of minor The number of minor infringements detected. Yes infringements Serious infringement Yes, if serious infringement detected during the check Date of Date of the infringement in ISO 8601 format (YYYY-MM-DD) Yes Infringement Category The category of the infringement: Yes — MSI: Most serious infringement — VSI: Very serious infringement — SI: Serious infringement Infringement In accordance with the classification provided in Annex IV to Regulation (EC) Yes Type No 1071/2009 and Annex I to Commission Regulation No (EU) 2016/403(1) Appeal Possible If an appeal against the infringement is still possible at the time of notification. Yes Yes/No Penalty Imposed (for each serious infringement) Yes, if relevant Penalty Imposed The serial number of the individual penalty imposed. Yes Identifier Final Decision The final decision date of the penalty imposed in ISO 8601 format (YYYY-MM-DD). Yes Date Penalty Type Declaration of either: Yes Imposed — 101: “Warning” — 201: “Temporary ban on cabotage operations” — 202: “Fine” — 203: “Prohibition” — 204: “Immobilisation” — 102: “Other” Start Date The start date of the penalty imposed in ISO 8601 format (YYYY-MM-DD) No End Date The end date of the penalty imposed in ISO 8601 format (YYYY-MM-DD) No Executed Yes/No Yes (1) Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (OJ L 74, 19.3.2016, p. 8). ELI: http://data.europa.eu/eli/reg_impl/2023/2381/oj 7/15EN OJ L, 5.10.2023 Penalty Requested (for each Serious Infringement) No Penalty The serial number of the individual penalty requested. Yes Requested Identifier Penalty Type Declaration of either: Yes Requested — 101: “Warning” — 301: “Temporary withdrawal of some or all of the certified true copies of the Community licence” — 302: “Permanent withdrawal of some or all of the certified true copies of the Community licence” — 303: “Temporary withdrawal of the Community licence” — 304: “Permanent withdrawal of the Community licence” — 305: “Suspension of the issue of driver attestations” — 306: “Withdrawal of driver attestations” — 307: “Issue of driver attestations subject to additional conditions in order to prevent misuse” Duration The duration of the requested penalty (calendar days). No Mandatory, if infringement(s) Notification of Check Result Response detected during the check Business Case A serial or reference number matching the business case identifier of the Yes Identifier notification. Originating The competent authority that issued the original infringement notification. Yes Competent Authority Licensing The competent authority responding to the infringement notification. Yes Competent Authority Status Code The status code of the infringement response (e.g. found, not found, error, etc.). Yes Status Message An explanatory status description (if necessary). No Transport Undertaking Yes Transport The name of the transport undertaking as recorded in the register. Yes Undertaking Name Transport The address of the transport undertaking (address, postal code, city, country) as Yes Undertaking recorded in the register. Address Community The serial number of the community licence of the transport undertaking as Yes Licence Number recorded in the register (free text alphanumeric field with length 1 to 20). 8/15 ELI: http://data.europa.eu/eli/reg_impl/2023/2381/ojEN OJ L, 5.10.2023 Community The status of the community licence of the transport undertaking as recorded in the Yes Licence Status register. Penalty Imposed No Penalty Imposed The serial number of the individual penalty imposed (given in the Penalty Yes Identifier Requested Identifier of the Notification of Check Result). Competent The name of the competent authority imposing the penalty. Yes Authority Imposing Penalty Is Imposed Yes/No Yes Penalty Type Declaration of either: Yes Imposed — 101: “Warning” — 301: “Temporary withdrawal of some or all of the certified true copies of the Community licence” — 302: “Permanent withdrawal of some or all of the certified true copies of the Community licence” — 303: “Temporary withdrawal of the Community licence” — 304: “Permanent withdrawal of the Community licence” — 305: “Suspension of the issue of driver attestations” — 306: “Withdrawal of driver attestations” — 307: “Issue of driver attestations subject to additional conditions in order to prevent misuse” — 102: “Other” Start Date The start date of the penalty imposed in ISO 8601 format (YYYY-MM-DD). No End Date The end date of the penalty imposed in ISO 8601 format (YYYY-MM-DD). No Reason Reason if penalty is not imposed. No Notification of Check Result Acknowledgement Mandatory Business Case A serial or reference number matching the business case identifier of the Yes Identifier notification or the response. Status Code Status code of the acknowledgement. Yes Status Message Status Message String No Originating For a NCRN_Ack: in the legislation this field is represented as “Destination Yes Competent Competent Authority Identifier”. Authority For a NCRR_Ack: in the legislation this field is represented as “Acknowledging Competent Authority Identifier”. Licensing For a NCRN_Ack: in the legislation this field is represented as “Acknowledging Yes Competent Competent Authority Identifier”. Authority For a NCRR_Ack: in the legislation this field is represented as “Destination Competent Authority Identifier”. ELI: http://data.europa.eu/eli/reg_impl/2023/2381/oj 9/15EN OJ L, 5.10.2023 Acknowledge- Defining Acknowledgement Type Yes ment Type Possible Values: — “NCRN_Ack” — “NCRR_Ack” Check Transport Undertaking Data Check Transport Undertaking Data Request Mandatory Business Case A serial or reference number identifying each individual request. Yes Identifier Originating The competent authority issuing the search request. Yes Competent Authority Transport Undertaking Identification Yes Transport The name of the transport undertaking. At least two of Undertaking the search Name fields are required. Community The serial number of the community licence or of the certified true copy (free text Licence Number alphanumeric field with length 1 to 20). Vehicle The registration number of one of the vehicles of the transport undertaking. Registration Number Vehicle The country of registration of the vehicle. Yes, if vehicle Registration registration Country number provided. Request All To request the registration numbers of all vehicles managed by the undertaking. Yes Vehicles Yes/No Check Transport Undertaking Data Response Mandatory Business Case A serial or reference number identifying each individual request Yes Identifier Originating The competent authority issuing the search request. Yes Competent Authority Responding The competent authority providing the response. Yes Competent Authority Status Code The status code of the response (e.g. found, not found, error, etc.). Yes Status Message An explanatory status description (if necessary). No 10/15 ELI: http://data.europa.eu/eli/reg_impl/2023/2381/ojEN OJ L, 5.10.2023 General Information about the Transport Undertaking Yes, if status code is found Transport The name of the transport undertaking (name and legal form). Yes Undertaking Name Transport The address of the transport undertaking (address, postal code, city, country) as Yes Undertaking recorded in the register Address Number of The number of vehicles managed as recorded in the register. Yes Managed Vehicles Number of The number of people employed in the undertaking on last 31 December. Yes People Employed Risk Rating The risk rating of the undertaking. Yes Risk Rating Band The risk rating band of the undertaking (green, amber, red, grey). Yes Community Licence Details Yes, if status code is found Licencing The competent authority that issued the community licence to the transport Yes Competent undertaking Authority Community The serial number of the community licence of the transport undertaking as Yes Licence Number recorded in the register (free text alphanumeric field with length 1 to 20) Licence Status The status of the community licence of the transport undertaking as recorded in the Yes register Licence Type The type of the community licence as recorded in the register. A declaration of: Yes — “Community licence for passenger transport” — “National licence for passenger transport” — “Community licence for goods transport” — “Community licence for goods transport, exclusively ≤ 3,5 t” — “National licence for goods transport” Start Date The start date of the community licence Yes Expiry Date The expiry date of the community licence Yes Withdrawal The withdrawal date of the community licence Yes, if found Date Suspension Date The suspension date of the community licence Yes, if found Suspension The date on which the community licence suspension expires Yes, if found Expiry Date Certified True Copy Details Yes ELI: http://data.europa.eu/eli/reg_impl/2023/2381/oj 11/15EN OJ L, 5.10.2023 Certified True The serial number of each certified true copy of the community licence of the Yes Copy Number transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20) Start Date The start date of each certified true copy of the community licence. Yes Expiry Date The expiry date of each certified true copy of the community licence. Yes Withdrawal The withdrawal date of each certified true copy of the community licence. Yes, if found Date Suspension Date The suspension date of the certified true copy of the community licence. Yes, if found Suspension The date on which each certified true copy of the community licence suspension Yes, if found Expiry Date expires. Vehicle Details Yes, if value of “Request All Vehicles” in CTUD Request is “Yes”. Vehicle The registration number of each of the vehicles of the transport undertaking Yes Registration Number Vehicle The registration country of each of the vehicles of the transport undertaking. Yes registration country Notification of Unfitness Notification of Unfitness Mandatory Business Case A serial or reference number identifying each individual notification. Yes Identifier Notifying The competent authority that issues the notification. Yes Competent Authority Transport Manager Details Yes, if no CPC details Family Name Transport manager’s family name(s) as indicated on the CPC. Yes First Name Transport manager’s complete given name as indicated on the certificate of Yes professional competence. Date of Birth Transport manager’s birth date in ISO 8601 format (YYYY-MM-DD). Yes Place of Birth Transport manager’s place of birth. No 12/15 ELI: http://data.europa.eu/eli/reg_impl/2023/2381/ojEN OJ L, 5.10.2023 CPC Details Yes, if no transport manager details CPC Number Number of certificate of professional competence Yes CPC Issue Date Date of issuance of the CPC, in ISO 8601 format (YYYY-MM-DD). Yes CPC Issue Issuing country of the CPC in ISO 3166-1 alpha 2 format. Yes Country Declaration of Unfitness Yes Start Date of Start date of unfitness, in ISO 8601 format (YYYY-MM-DD). Yes Unfitness Notification of Unfitness Acknowledgement Mandatory Business Case A serial or reference number matching the business case identifier of the Yes Identifier notification. Originating The competent authority issuing the notification. Yes Competent Authority Responding The competent authority providing the acknowledgement. Yes Competent Authority Status Code Status code of the acknowledgement. Yes Status Message Status Message String No’; (3) in Annex VI, point 1.5 is replaced by the following: ‘1.5. When sending Check Good Repute responses, Notification of Check Result acknowledgements, Check Transport Undertaking Data responses and Declaration of Unfitness acknowledgements in accordance with Annex VIII: 1.5.1. They shall respond to requests within 10 seconds. 1.5.2. The global request timeout (time within which the requestor may wait for a response) shall not exceed 20 seconds. 1.5.3. They shall be able to service a request rate of 6 messages per second.’; (4) Annex VIII is replaced by the following: ‘1. CHECKING THE GOOD REPUTE OF TRANSPORT MANAGERS When verifying through ERRU, in accordance with Article 11(4) of Regulation (EC) No 1071/2009, whether a transport manager has been declared in one of the Member States as unfit to manage the transport activities of an undertaking, Member States shall perform a broadcast CGR search by sending a Check Good Repute Request. The responding Member States shall reply to the request by sending a Check Good Repute Response. ELI: http://data.europa.eu/eli/reg_impl/2023/2381/oj 13/15EN OJ L, 5.10.2023 2. NOTIFICATION OF CHECK RESULTS 2.1. For the notification of a serious infringement through ERRU, the Member State of infringement shall send a Notification of Check Result to the Member State of establishment with the information about the infringement. Infringements not categorised in Directive 2006/22/EC or in Regulation (EC) No 1071/2009 shall not be notified. 2.2. When no infringement has been detected during the check, a Notification of Check Result shall be sent to the Member State of establishment consisting of the information about the clean check as set out in Annex III. 2.3. A check shall not be considered as a clean check when minor infringements have been detected. Where only minor infringements have been detected during the check, a Notification of Check Result shall be sent to the Member State of establishment consisting of information about the date and number of minor infringements detected. 2.4. The Notification of Check Result shall be sent as soon as possible, and at the latest within 6 weeks of the final decision on the infringements detected, if any, providing the information set out in Annex III. 2.5. The Member State of establishment shall reply to the Notification of Check Result by sending a Notification of Check Result Response, as soon as possible and at the latest within 6 weeks of the final decision on the matter, informing of which, if any, of the penalties requested by the Member State of infringement have been imposed. If such penalties are not imposed, the Notification of Check Result Response shall include the reasons therefor. The Notification of Check Result Response shall not be necessary when the Notification of Check Result refers to a clean check. 2.6. In all cases, a Notification of Check Result and a Notification of Check Result Response shall be acknowledged by means of a Notification of Check Result Acknowledgement. 3. CHECKING THE TRANSPORT UNDERTAKING DATA 3.1. When checking through ERRU any of the transport undertaking data referred to in point 1.3 of Annex II, a Member State shall send a Check Transport Undertaking Data Request to the Member State of establishment. 3.2. The Member State of establishment shall reply by sending a Check Transport Undertaking Data Response. 3.3. Queries sent through the CTUD functionality shall be carried out by entering either the name of the transport undertaking, its Community licence number or the number of any of the certified true copies, or the registration number of any of its vehicles, without being necessary to perform a query by typing more than two of the aforementioned entries. 3.4. Responding Member States, when searching in their registers the result of a CTUD request on the basis of either the Community licence or the registration number of a vehicle, shall take measures to adapt the format of the data in the search request to the format of the data in the national register. In particular, Responding Member States, when searching in their registers the result of a CTUD request on the basis of either the Community licence or the registration number of a vehicle, shall ignore special characters such as hyphens or slashes. Blanks shall also be ignored. 3.5. Responding Member States shall return to the requesting Member States all the information that is available through the XML messages defined in Annex III. If a part of the information requested has not been found, this shall not preclude responding Member States to provide the rest of the information requested that is available in the register, including the registration number of vehicles with no associated certified true copy. 14/15 ELI: http://data.europa.eu/eli/reg_impl/2023/2381/ojEN OJ L, 5.10.2023 4. NOTIFYING THE UNFITNESS OF A TRANSPORT MANAGER 4.1. When a transport manager has been declared to be unfit in one Member State, that Member State may send a Notification of Unfitness to all other Member States. 4.2. In all cases, a Notification of Unfitness shall be acknowledged by means of a Notification of Unfitness Acknowledgement.’ ELI: http://data.europa.eu/eli/reg_impl/2023/2381/oj 15/15