Darren O'Rourke (Meath East, Sinn Fein)
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28. To ask the Minister for Transport, Tourism and Sport if his attention has been drawn to the problems still facing many hauliers with Transport Manager CPC qualifications (details supplied); his views on whether this residency requirement undermines the Common Travel Area rights of citizens to be able to live and work freely on these islands; if he will work with his counterpart in Northern Ireland to address this and seek approval from Europe to remedy this if necessary; and if he will make a statement on the matter. [32458/21]

Eamon Ryan (Dublin Bay South, Green Party)
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Regulation (EC) No 1071/2009 establishes common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and provides that requisite professional competence is a key requirement to hold a road transport operator licence. Pursuant to this key requirement, Article 4 of the Regulation specifies that a Transport Manager designated by a road transport operator must:

- Effectively and continuously manage the transport activities of the undertaking;

- Have a genuine link to the licensed undertaking or otherwise be entitled under contract to carry out duties as Transport Manager on behalf of the undertaking;

- Be of good repute;

- Be resident in the Community

- Hold a Transport Manager Certificate of Professional Competence (CPC) issued by a competent authority of the EU.

As outlined by the European Commission (see the notification available at ), following the end of the Brexit transition period on 31 December 2020 a Transport Manager CPC issued by a competent authority in the UK, including Northern Ireland, is no longer valid in the EU. This means that a Transport Manager holding a UK-issued CPC can no longer act as Transport Manager for an EU-based road transport operator.

My Department received clarification in late November 2020 from the European Commission that holders of a UK Transport Manager CPC could request a corresponding certificate from the competent authority in the Member State where they live or where the road transport operator employing them is established, as long as the request was submitted before the end of the Brexit transition period on 31 December 2020. My Department wrote to all UK (including Northern Ireland) Transport Manager CPC holders working for Irish road transport operators to inform them of this position, urging them to apply for a corresponding Irish (EU) certificate.

As the deadline has now passed for applying for a corresponding Irish Transport Manager CPC, any persons who wish to act as Transport Manager for an Irish/EU operator must obtain a Transport Manager CPC issued by an EU Member State. Obtaining an Irish Transport Manager CPC requires passing the examination administered by the Chartered Institute of Logistics and Transport (CILT) on behalf of my Department.

Candidates who already hold a UK-issued Transport Manager CPC will not be required to undertake the training course of 100 hours that is normally mandatory before taking the examination. The next dates for the CILT Transport Manager CPC examination are 30 June and 24 November and candidates can register online with CILT for the examination (contact info@cilt.ie).

Alternatively, a licensed operator whose current Transport Manager holds a UK-issued Transport Manager CPC may contract a suitably qualified person as a designated replacement in the role of Transport Manager.

Affected road transport operators have been granted a period of six months under Article 13 of Regulation (EC) No 1071/2009 in which to take appropriate remedial action.

The EU-UK Trade and Cooperation Agreement does not include provision for mutual recognition of the Transport Manager CPC. It should be noted that the Transport Manager CPC qualification affords access to the wider single market.

Persons wishing to act as Transport Manager for a road transport operator established in an EU Member State, including in Ireland, must be resident in the EU in line with Regulation (EC) No 1071/2009. Given the particular situation on the island of Ireland, my Department sought clarification on this residency requirement from the European Commission, and it has been confirmed that the requirement stands.