[ParlTrack]

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Recital 17

(17) As a minimum, the information letter should include detailed information on the legal classification and legal consequences of the offence, in particular as the sanctions for the offences covered by the scope of Directive (EU) 2015/413 can be of a non-pecuniary nature, such as restrictions placed on the offender’s right to drive. The right of appeal should also be supported by providing detailed information on where and how to exercise the rights of defence or lodge an appeal in the Member State of the offence, in a language that the person concerned understands. A description of in absentia procedures should also be provided ~~when applicable~~, as the presumed liable person may not plan to return to the Member State of offence to participate in the proceedings. Payment options and ways to mitigate the volume of the sanctions should also be made easily understandable in order to incentivise voluntary cooperation. Finally, as the information letter should be the first document the owner, holder or end user of the vehicle or any other presumed liable person receives, it should contain the information under Article 13 of Directive (EU) 2016/680 of the European Parliament and of the Council63 , which, pursuant to Article 13(2)(d) should include information from which source the personal data originate, and Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council64 . This information should be provided in the information letter either directly or by way of reference to the place where it is made available. Finally, the information letter might serve purposes other than informing the presumed liable person about the road safety-related traffic offence and the decision to initiate follow- up proceedings. The presumed offender should receive all necessary information if such a letter is reclassified. __________________ 63 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, (OJ L 119, 4.5.2016, p. 89). 64 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ L 119, 4.5.2016, p. 1).

2023/07/08
Committee: TRAN

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Recital 36 a (new)

(36a) To obtain the objectives put forward in the EU Road Safety Policy Framework 2021-2030 – Next steps towards “Vision Zero”70a, the effective implementation of Directive (EU) 2015/413 should be complemented by further measures to address road-safety- related traffic offences committed by third-country nationals. It should be possible for third countries to participate in the exchange of Vehicle Registration Data (VRD), provided that they have concluded an agreement with the Union to this effect. Such an agreement would have to include necessary provisions for data protection. In case of a long waiting time for the conclusion of such an agreement, Member States, in cooperation with the Commission, could develop a dedicated solution to detect presumed traffic offenders on the spot while trying to cross external borders of the Union to charge a financial penalty for the road- safety-related traffic offence that took place on its territory. __________________ 70a EU Road Safety Policy Framework 2021-2030 – Next steps towards “Vision Zero”’ (SWD(2019)0283)

2023/07/08
Committee: TRAN

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Recital 36 b (new)

(36b) Since Brexit, there is no longer a data-sharing directive between EU police forces and the DVLA (Driver Vehicle Licensing Agency), which existed prior to the UK’s exit from the EU; however, a mutual assistance scheme exists instead, but it lacks efficiency as it is no longer automatic. As the conclusion of the UK- EU Trade and Cooperation Agreement (TCA)70c does not include a reference to Directive (EU) 2015/413 and Decision 2005/214/JHA70b, the Commission should analyse through a legal opinion how to effectively enforce the offences defined by this Directive under European Convention on the Mutual Assistance in Criminal Matters of 1959 and its protocols (MLA) to identify effective and efficient measures to improve road safety and at the same time safeguarding data protection requirements, in particular of the European vehicle holders and drivers. __________________ 70b Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties 70c Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

2023/07/08
Committee: TRAN

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2015/413
Article 3 – paragraph 2 – point l

(l) ‘national contact point’ means a ~~competent~~n authority ~~designated for the purposes of this Directive~~through which information is exchanged between Member State of offence and Member State of registration;

2023/07/08
Committee: TRAN

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c

Directive (EU) 2015/413
Article 3 – paragraph 3 – point u (a) new

(ua) ‘hit and run’ means a situation in which the offender drives away after causing an accident or traffic collision in order to avoid criminal consequences associated with serious injuries and fatalities;

2023/07/08
Committee: TRAN

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c

Directive (EU) 2015/413
Article 3 – paragraph 3 – point z (a) new

(za) ‘debt collection service provider’ is a private entity with a distinct legal personality to administer the follow-up proceedings or part thereof initiated under Article 5(1), including the enforcement of financial penalties, accredited at a national contact point to request the vehicle registration data, and a subject to Regulation (EU) 2016/679 and Directive (EU) 2016/680;

2023/07/08
Committee: TRAN

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c

Directive (EU) 2015/413
Article 3 – paragraph 3– point z (c) new

(zc) ‘competent authority’ is an authority designated for the purposes of this Directive;

2023/07/08
Committee: TRAN

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2015/413
Article 4 a – paragraph 3 – subparagraph 2

The Member State of registration or Member State of residence ~~may~~shall be requested:

2023/07/08
Committee: TRAN

Benoît LUTGEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive (EU) 2015/413
Article 5 – paragraph 1 – subparagraph 2

Where the Member State of the offence decides to initiate such proceedings, that Member State shall promptly inform the presumed liable person about the road- safety-related traffic offence and of the decision to initiate follow-up proceedings by an information letter, whilst respecting the time limit as set out in Article 5a, paragraph 2.

2023/07/08
Committee: TRAN

Markus FERBER, Benoît LUTGEN

Proposal for a directive
Article 1 – paragraph 1 – point 6

Where the Member State of the offence decides to initiate such proceedings, that Member State shall promptly inform the presumed liable person about the road- safety-related traffic offence and of the decision to initiate follow-up proceedings by an information letter, whilst respecting the time limit as laid out in Article 5a, 2) .

2023/07/08
Committee: TRAN

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive (EU) 2015/413
Article 5 – paragraph 2 – point e

(e) detailed information on where and how to exercise the rights of defence or to appeal the decision to pursue the road- safety-related traffic offence, including the requirements for the admissibility of such an appeal and the time limit for lodging the appeal, ~~and on whether~~ and under what conditions in absentia procedures apply, in accordance with the national law of the Member State of the offence;

2023/07/08
Committee: TRAN

Benoît LUTGEN, Markus FERBER, Elżbieta Katarzyna ŁUKACIJEWSKA