Marian Harkin (Sligo-Leitrim, Independent)
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186. To ask the Minister for Transport, Tourism and Sport the point at which a person who has attained a certificate of professional competence as transport manager from the UK is required to take the relevant Irish examination in order to retain that certificate post Brexit; the legal position on this matter; and if he will make a statement on the matter. [39378/20]

Eamon Ryan (Dublin Bay South, Green Party)
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This question relates to Brexit and Transport Manager Certificates of Professional Competence.

Under Regulation (EC) No. 1071/2009 a number of requirements must be satisfied in order to be eligible to hold a road transport operator licence for an EU operator, one of which is professional competence. In order to fulfil this requirement, every road transport undertaking must have a nominated Transport Manager to effectively and continuously manage its transport activities. The Transport Manager must be the holder of a Certificate of Professional Competence (hereinafter referred to as "TM CPC") issued in the EU, in either Road Haulage or Road Passenger Transport depending on the nature of the operator's business.

As highlighted in the European Commission’s Brexit Notice of 19 January 2018 (updated on 13 July 2020) to Stakeholders in the Field of Road Transport (), after the end of the Brexit transition period, TM CPCs issued by an authority of the United Kingdom or a body authorised by the United Kingdom will no longer be valid in the EU.

Holders of UK-issued TM CPCs who do not intend to use their certificate to act as Transport Manager for a road transport operator based in the EU are unaffected and no action is required on their part to retain their UK certificate if working for, or seeking to work for, UK operators.

As part of the Government's Brexit preparations, my Department has carried out a review and has identified circa 200 individuals with a UK-issued TM CPC who are nominated as Transport Manager for Irish road transport operators. My officials have recently written to these Transport Managers and the relevant operators to ensure that they are aware of the position as outlined in the European Commission's Brexit notice to stakeholders. The Department also carried out a similar communications exercise in October 2019 in preparation for the Brexit deadlines as they stood then, with letters issuing to relevant Transport Managers and operators at the time.

Operators affected are allowed 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, in accordance with Article 13 of Regulation (EC) 1071/2009.

Individuals who hold a UK-issued TM CPC and who wish to act as Transport Manager for a road transport operator based in the EU, including Ireland, must obtain a TM CPC issued by an EU Member State. Obtaining an Irish TM CPC requires passing the TM CPC examination administered by the Chartered Institute of Logistics and Transport (CILT). Candidates in this case will notbe required to undertake the training course of 100 hours that is normally mandatory before taking the examination. The next TM CPC examination will be held on 9 December 2020 and online registration with CILT for this examination closed on 25 November. The examination will next be offered in the first quarter of 2021.

In accordance with Article 4 of Regulation (EC) 1071/2009, the Transport Manager for a road transport operator based in the EU must be resident in the EU.

My Department will continue to liaise with the European Commission on this matter; however, the current position is as set out in the relevant EU legislation as above, and Irish Transport Managers and operators must ensure that they meet the relevant EU legislative requirements.