I propose to take Questions Nos. 240 and 241 together.
In order to engage in the occupation of road transport operator, an EU undertaking must have the requisite professional competence in accordance with EU Regulation 1071/2009. According to Articles 3(1)(d), 4(1) and 8 of Regulation (EC) No 1071/2009, natural persons engaged in the occupation of road transport operator in the EU and transport managers employed by an undertaking engaged in the occupation of road transport operator have to hold a certificate of professional competence ("CPC") issued by the authorities of an EU Member State, or by bodies duly authorised by an EU Member State, for that purpose.
The Chartered Institute of Logistics and Transport (CILT) is the body authorised to organise and certify the examination for Transport Manager CPCs in Ireland.
The European Commission in its Brexit stakeholder notices published in January 2018 outlined that at the end of the transition period, if the UK leaves the EU without an agreement, Transport Manager CPCs issued by an authority of the UK or a body authorised by the UK will no longer be valid in EU Member States.
In the absence of an EU-UK agreement, the options for Irish road transport operators employing someone with a UK-issued transport manager CPC resident in Ireland are therefore as follows:
In accordance with Article 13 of Regulation (EC) 1071/2009, a road transport operator is permitted a period of up to a maximum of six months in which to ensure that the professional competence requirement for their operator licence is once again satisfied.
This means that in the event of no EU-UK agreement having been concluded by end year, within six months from the end of the transition period, operators affected must either:
1. Ensure that a Transport Management CPC issued by an EU Member State is obtained by the existing Transport Manager who is resident in the EU. A Transport Manager holding a UK-issued CPC may apply to obtain an Irish Transport Management CPC – this requires passing the Transport Management CPC examination administered by the Chartered Institute of Logistics and Transport (CILT) - the requirement of 100 hours tuition in advance of the exam, which is normally mandatory, will be waived and candidates can apply to CILT to sit the examination directly) OR
2. Appoint a new Transport Manager who holds a Transport Management CPC issued by an EU Member State.
It is understood that approximately 200 of our licenced Road Transport Operators engage a UK CPC qualified Transport Manager.
My Department has already written to the affected road transport operators pointing out these circumstances in the event that the UK leaves the EU without an agreement.
With regard to driver CPCs, drivers working for an EU haulage or bus transport operator are required to hold a driver CPC. The CPC certifies the qualifications and periodic training of drivers. As set out in the European Commission notice to stakeholders in 2018, as of the withdrawal date, driver CPCs issued by the UK or by an approved training centre in the UK will no longer be valid in the EU-27. A driver with a UK-issued driver CPC who is resident in Ireland or working for an Irish operator may exchange the UK CPC for an Irish CPC, in advance of 31 December 2020.