Activities of Ciarán CUFFE related to 2023/0052(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/413 facilitating cross-border exchange of information on road-safety-related traffic offences
Amendments (78)
Amendment 24 #
Draft legislative resolution
Citation 2
Citation 2
— having regard to Article 294(2) and Article 91(1)(c) and point (d), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- 0034/2023),
Amendment 27 #
Proposal for a directive
Recital 4
Recital 4
(4) The scope of the Directive should be extended to other road-safety-related traffic offences to ensure equal treatment of drivers. Considering the legal basis on which Directive (EU) 2015/413 was adopted, namely Article 91(1), point (c), of the Treaty on the Functioning of the European Union, additional offences should demonstrate a strong link to road safety, by addressing dangerous and reckless behaviours which pose a serious risk to road users and related traffic rules, and improve transport safety. The extension of the scope should also reflect the technical progress in the automatic detection of road- safety-related traffic offences. For these reasons, the scope of the Directive should therefore be extended to cover other related traffic offences including not keeping sufficient distance from the road user in front, dangerous overtaking, dangerous and illegal parking, crossing one or more solid lines, using a defective vehicle, driving without required documentation, and not respecting the rules on vehicle access regulations among others. It would therefore be appropriate to extend the legal basis with Article 91(1), point (d), while taking into account that according to Article 11 of the TFEU environmental protection requirements must be integrated into the implementation of the Union's policies.
Amendment 30 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Vehicle access regulations have been put in place across the European Union and include Low Emissions Zones, Limited Traffic Zones, pedestrianised zones and ‘school streets’, among others. Such regulations have been introduced for reasons including road safety, traffic management, and reducing pollution, often in combination. Although the primary purpose of each type of regulation can vary, enforcement of such regulations can bring road safety benefits through a combination of factors, including reducing driver impunity, diverting or eliminating traffic, reducing the number of vehicles in circulation in designated areas, a more efficient use of police resources, and more advanced vehicle safety technologies through the renewal of fleets, while studies have also found a causal link between air pollution and poor road safety. When it comes to offences by non-resident drivers, enforcement of these rules is challenging for Member States due to the lack of an appropriate and comprehensive legal framework, which can promote impunity amongst these non-resident drivers. Infringement of these rules by non- resident drivers is a problem often faced in border areas. The unequal treatment of residents and non-resident drivers can also create resentment amongst residents. The absence of an appropriate legal framework when it comes to the cross- border exchange of information for these regulations also creates administrative burdens and additional costs for authorities, including a reliance on debt collection services, the authenticity of which can be harder for presumed offenders to ascertain. Moreover, drivers who may have committed offences under these regulations, or who wish to comply with them, often lack information about how to comply, in addition to not being entitled to the appeal procedures in place under this Directive. Empowering authorities to act within a dedicated legal framework therefore increases transparency, fairness and accountability.
Amendment 35 #
Proposal for a directive
Recital 8
Recital 8
(8) The Member State of the offence should also be allowed to conduct automated searches in vehicle registers to retrieve data on vehicles and end users of vehicles where such information is already available. Furthermore, a data retention period should be established as regards the identity of the previous owners, holders and end users of the vehicles to provide authorities with the appropriate information they need for the investigation.
Amendment 39 #
Proposal for a directive
Recital 12
Recital 12
(12) The Member State of registration or Member State of residence should provide the additional information requested by the Member State of the offence necessary for the identification of the liable person within reasonable time. If it is not possible to gather or provide the information, or it is not possible to do so without undue delay, a clear explanation should be given as regards the reasons thereof, and the delay be minimised as far as possible, while respecting set deadlines.
Amendment 41 #
Proposal for a directive
Recital 15
Recital 15
(15) Where Union legislation or national law of Member States explicitly provides access to or the possibility to exchange information from other national or Union databases for the purposes of Directive (EU) 2015/413, Member States should have the possibility to exchange information by involving such databases, while respecting the fundamental rights of non-resident drivers. To guarantee transparency, the list of databases accessed shall be communicated to the Commission.
Amendment 42 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Where in parallel to financial penalties for road traffic offences, Member States have introduced a penalty point system linked to driving licences, a decrease in driver impunity and reductions in fatalities and serious injuries have been observed. Allowing non-resident drivers benefit from a pay- to-comply system whereby they might accumulate more penalty points than would otherwise be allowed or be subject to a driving disqualification, presents a greater road safety risk and is a source of unfairness between resident and non- resident drivers. As [Proposal for a Directive on driving licences] introduces cross-border recognition of penalty points, it would be important to empower the Commission to introduce delegated acts that can allow for the exchange of relevant data relating to this aspect.
Amendment 45 #
Proposal for a directive
Recital 17
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. __________________ 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).
Amendment 46 #
Proposal for a directive
Recital 18
Recital 18
(18) When non-resident persons are checked on the spot in a road control, and such action leads to the initiation of follow- up proceedings in relation to the commission of a road-safety-related traffic offence, the information letter should contain only certain essential elements, and, if possible, be given to the person concerned directly as part of the road control procedures or sent as soon as possible afterwards. Non-resident drivers should also be given sufficient time to avail of any rights concerning an appeal or the mitigation of sanctions.
Amendment 48 #
Proposal for a directive
Recital 25
Recital 25
(25) The scope of the information that Member States report to the Commission and the European Parliament should be extended to include elements closely related to the objective of improving road safety, in order to enable the Commission and the European Parliament to better analyse the state of play in the Member States and to propose initiatives on a sound factual basis. To offset the additional administrative burden on Member States authorities and to align reporting with the Commission’s evaluation calendar the reporting period should be extended. A transitional period should be granted so that the ongoing two- year reporting period may end seamlessly.
Amendment 51 #
Proposal for a directive
Recital 31
Recital 31
(31) An online portal (the “CBE Portal”) should be established to provide road users in the Union with comprehensive information on road-safety-related traffic rules in place in Member States and allow road users to communicate with Member State authorities in an effective and secure manner. The portal should also facilitate communication between Member States’ authorities on various issues related to the cross-border investigation of road-safety- related traffic offences, such as for the verification of the authenticity of information letters and follow-up documents to eliminate the possibility of fraud. The exchanged personal data should be limited to what is necessary for the cross-border investigations and enforcement of sanctions, particularly the payment of financial penalties. The CBE Portal should be able to connect to other relevant portals, networks, websites or platforms to facilitate the exchange of information related to the enforcement of road-safety-related traffic rules. The Commission and the Member States should be the joint controllers of the CBE Portal, in accordance with Regulation 2018/1725.
Amendment 53 #
Proposal for a directive
Recital 32
Recital 32
(32) The Commission should provide proportionate financial support to initiatives which improve the cross-border cooperation in the enforcement of road- safety-related traffic rules in the Union, including support for digitising the data covered in Annex III of Directive 2010/40/EU that is relevant for the offences covered under this Directive.
Amendment 56 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) A portion of the revenues generated from fines collected as a result of offences committed by non-resident drivers should be reinvested locally in measures that improve road safety, such as road safety infrastructure, measures for vulnerable road users, awareness and enforcement, among other things.
Amendment 57 #
Proposal for a directive
Recital 32 b (new)
Recital 32 b (new)
(32b) While this Directive aims to reduce the impunity of non-resident drivers within the Union, road safety-related offences by non-resident drivers registered outside the Union are not an insignificant problem. This Directive and the use of Eucaris provide a model for the Union and its Member States to establish similar mechanisms for the exchange of information on the covered offences with neighbouring third countries, on the condition that equivalent protections are afforded to the drivers concerned, particularly as regards data protection.
Amendment 58 #
Proposal for a directive
Recital 32 c (new)
Recital 32 c (new)
(32c) Given significant increases in the level of cross-border road traffic, and continued divergences between Member States in the field of road safety enforcement, it would be appropriate to update the Commission’s Recommendation 2004/345/EC on enforcement in the field of road safety, which dates from 2004 in order to take account of advancements since then.
Amendment 59 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) In order to promote greater convergence of the enforcement of road traffic rules by Member States as concerns comparable methods and practices, the Commission should assess the need for greater harmonisation in the area of road safety enforcement equipment, and related deployment and operation. As the number of offences covered by this Directive is to be increased, and there is expected growth in the use of equipment to automatically or manually detect road traffic offences, EU- level, standards could improve the reliability of equipment and therefore enforcement. Given the increasing preponderence of vehicle access restrictions and advancements in technologies regarding vehicle connectivity, the Commission should also explore the possibility of allowing drivers to proactively demonstrate compliance with vehicle access regulations, including for example if exempted from such rules.
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive (EU) 2015/413
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive aims to ensure a high level of protection for all road users in the Union by facilitating the cross-border exchange of information on road-safety- and other related traffic offences, and thereby facilitatinge the enforcement of sanctions, where those offences are committed with a vehicle registered in a Member State other than the Member State in which the offence took place.
Amendment 66 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) not keeping sufficient distance from the vehicleroad user in front;
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) dangerous or illegal parking;
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1– point l
Article 2 – paragraph 1– point l
(l) crossing one or more solid white lines;
Amendment 73 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point o (a) new
Article 2 – paragraph 1 – point o (a) new
(oa) not respecting the rules on vehicle access restrictions;
Amendment 76 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point o (b) new
Article 2 – paragraph 1 – point o (b) new
(ob) using a defective vehicle;
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point o (c) new
Article 2 – paragraph 1 – point o (c) new
(oc) driving without required documentation;
Amendment 78 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point o (d) new
Article 2 – paragraph 1 – point o (d) new
(od) driving when subject to a driving disqualification;
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point o (e) new
Article 2 – paragraph 1 – point o (e) new
(oe) other road safety-related traffic offences related to usage of the road
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive (EU) 2015/413
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘vehicle’ means any power-driven vehicle, including motorcyclesmotorised vehicle propelled exclusively by mechanical power, which is normally used for carrying persons or goods by road ;
Amendment 82 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive (EU) 2015/413
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) ‘use of a forbidden lane’ means illegally using part of an already existing permanent or temporary road section, such as a public transport lane, footpath or cycle lane, or a temporarily closed lane for reasons of congestion or road works, as defined in the law of the Member State of the offence;
Amendment 85 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2015/413
Article 3 – paragraph 3 – point o
Article 3 – paragraph 3 – point o
(o) ‘not keeping sufficient distance from the vehicleroad user in front’ means not maintaining the distance necessary to avoid collision with the vehicleroad user in front of the vehicle driven by the driver, if the preceding vehicleroad user were to suddenly slow down or stop, as defined in the law of the Member State of the offence;
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2015/413
Article 3 – paragraph 3 – point q
Article 3 – paragraph 3 – point q
(q) ‘dangerous or illegal parking’ means parking or stopping the vehicle in a way that infringes the applicable rules on dangerous parkor illegal parking or stopping in the Member State of the offence. Failure to pay parking fees and other similar offences shall not be considered dangerous parking;, in including in disabled parking spaces, restricted areas, public transport and cycle lanes, and on footpaths.
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2015/413
Article 3 – paragraph 3 – point r
Article 3 – paragraph 3 – point r
(r) ‘crossing one or more solid white lines’ means changing lanes with the vehicle through unlawfully crossing at least one solid white line, as defined in the law of the Member State of the offence;
Amendment 90 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
(s) ‘wrong-way driving’ means driving a vehicle against the designated direction of traffic, as defined in the law of the Member State of the offence, including requirements regarding reversing of vehicles;
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2015/413
Article 3 – paragraph 3 – point u (a) new
Article 3 – paragraph 3 – point u (a) new
(ua) ‘not respecting the rules on vehicle access restrictions’ means not complying with rules established by a competent authority within a Member State, including: (a) accessing a restricted area such as a limited traffic zone in violation of the applicable restrictions; (b) not paying applicable fees or charges for access to restricted areas; (c) not sharing vehicle information relevant for checking violations, when the applicable rules require that such information be shared through mechanisms established for this purpose;
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2015/413
Article 3 – paragraph 3 – point u (b) new
Article 3 – paragraph 3 – point u (b) new
(ub) ‘using a defective vehicle’ means driving with defective or worn tyres, brakes, lights or any other defect that poses a safety risk to other road users, in accordance with the applicable rules on driving a defective vehicle in the Member State of the offence;
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2015/413
Article 3 – paragraph 3 – point u (c) new
Article 3 – paragraph 3 – point u (c) new
(uc) ‘driving without required documentation’ means driving without a driving licence, insurance, roadworthiness certificate or other required documentation, in a way that infringes the applicable rules in the Member State of the offence;
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2015/413
Article 3 – paragraph 3 – point u (d) new
Article 3 – paragraph 3 – point u (d) new
(ud) ‘driving when subject to a driving disqualification’ means driving a vehicle when subject to a decision related to the commission of a major road-safety-related traffic offence, which results in the withdrawal, restriction or suspension of the driving licence or the right to drive of a driver of a motorised vehicle, which is no longer subject to a right of appeal, irrespective of whether it constitutes a primary, secondary or supplementary penalty or a safety measure and irrespective of whether it is qualified as an administrative or criminal measure;
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2015/413
Article 3 – paragraph 3 – point u (e) new
Article 3 – paragraph 3 – point u (e) new
(ue) (ud) ‘other road safety-related traffic offences related to usage of the road’ means other road safety-related traffic offences committed while driving, as defined in the law of the Member State of the offence, and which are not already covered by the offences listed in Article 2(1);
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2015/413
Article 3 a – paragraph 2
Article 3 a – paragraph 2
2. Member States shall ensure that their respective national contact points cooperate with the authorities involved in the investigation of the road-safety-related traffic offences listed in Article 2(1), including competent authorities from geographical sub-divisions within their own Member State or competent authorities from other Member States, in particular in order to ensure that all necessary information is shared in due time, and that the time limits laid down in Article 4a(5) and Article 5a(2) are complied with.;
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/413
Article 4 – paragraph 1 – subparagraph 3 a (new)
Article 4 – paragraph 1 – subparagraph 3 a (new)
A competent authority may first request access to the data relating to vehicles, as detailed in Annex Section 2, Part 1, in order to determine if an offence has been committed. Whereupon an offence is established on the basis of such data, the competent authority shall request access to the data concerning the owner, holder and/or end user of the vehicles, as detailed in Annex Section 2, Parts II, III, IV or V.
Amendment 104 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/413
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall retain the data elements referred to in Section 2, Part IV and, when available, Section 2, Part V of the Annex, in the national vehicle registers for at least 6 months after any modification of the ownership or use of the vehicle in question, and for no longer than 4 years.
Amendment 105 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/413
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/413
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Member States shall return the message ‘Stolen vehicle or registration plate’ instead of the requested data elements where the vehicle or the vehicle registration plate are recorded as stolen in the national vehicle registers, or ‘Scrapped vehicle’ where the vehicle has been scrapped. This is without prejudice to the enforcement provisions under this Directive .
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – introductory part
Article 1 – paragraph 1 – point 5 – introductory part
Directive (EU) 2015/413
Article 4 a
Article 4 a
(5) the following Articles 4a, 4b, 4c and 4cd are inserted:
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/413
Article 4 a – paragraph 3– point b
Article 4 a – paragraph 3– point b
(b) to ask the owner, holder or end user of the vehicle, or any person presumed to be liable for one of the road-safety-related traffic offences listed in Article 2(1) to provide information on the identity and address and/or contact information of the liable person, in accordance with its national law.
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/413
Article 4 a – paragraph 4 – subparagraph 1
Article 4 a – paragraph 4 – subparagraph 1
Where the Member State of registration or the Member State of residence receives a request referred to in paragraph 3, it shall gather the requested information, unless it decides to invoke one of the grounds for refusal listed in paragraph 7 or it is not possible to gather the requested information. The Member State of registration or Member State of residence shall transmit the requested information electronically without undue delayin 2 months via its national contact point to the national contact point of the Member State of the offence.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/413
Article 4 a – paragraph 5 – first subparagraph
Article 4 a – paragraph 5 – first subparagraph
Member States shall ensure that they provide the requested information without any undue delay from the receipt of the request, and no later than 2 months.
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/413
Article 4 a – paragraph 5 – second subparagraph
Article 4 a – paragraph 5 – second subparagraph
Where it is not possible to gather the information without undue delayin 2 months from the receipt of the request, the national contact points of the Member State of registration or the Member State of residence shall transmit that information to the Member State of the offence as soon as possible, with an adequate explanation of the reasons for the delay.
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/413
Article 4 a – paragraph 6
Article 4 a – paragraph 6
6. The requested Member States that have submitted a request may provide for a prior administrative or judicial validation procedure in order to ensure that the requested information is necessary and proportionate for the purpose of the identification of the liable person, in particular taking into account the rights of presumed liable persons.
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Member States shall decide as soon as possible, but at the latest within 15 days after receiving the request, whether they invoke a ground for refusal. Member States which decide to apply a ground for refusal shall inform the Member State of the offence thereof via its national contact point, without any undue delayno later than 5 working days after a decision to refuse the request.
Amendment 119 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/413
Article 4 a – paragraph 11 – point (a) new
Article 4 a – paragraph 11 – point (a) new
(a a) which competent authority is making the request and why;
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
(a b) which offence or offences listed in Article 2(1) the request relates to;
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/413
Article 4 a – paragraph 11 – point b
Article 4 a – paragraph 11 – point b
(b) data elements relating to the vehicles, owners, holders or end users of the vehicles obtained as a result of the automated search conducted in accordance with Article 4(1);
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/413
Article 4 d new
Article 4 d new
Article 4d Procedures for exchange of information on penalty points 1. In accordance with the penalty point equivalence system included in [Proposal for a Directive on driving licences], Member States shall update and exchange data on the penalty points accumulated by drivers in the different Member States. The Commission is empowered to adopt delegated acts under this Directive in order to clarify how such updates and an exchange of data can take place pursuant to [Proposal for a Directive on driving licences].
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/413
Article 4 c – first paragraph
Article 4 c – first paragraph
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/413
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
The information letter may serve other purposes than those set out in the second subparagraph, provided the purposes fall under this Directive.
Amendment 136 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/413
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
(h) clear and comprehensive information on the applicable data protection rules, the rights of the data subjects and the availability of further information orand reference to the place where this information may be easily retrieved pursuant to Article 13 of Directive (EU) 2016/680 of the European Parliament and of the Council, including information from which source the personal data originate, or Article 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council;
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/413
Article 5 – paragraph 2 – point j a (new)
Article 5 – paragraph 2 – point j a (new)
(ja) a link and, if possible, a QR code to the portal referred to in Article 8
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/413
Article 5 – paragraph 3
Article 5 – paragraph 3
3. By way of derogation from paragraph 2, Member States shall ensure that in the case where the liable person is a non- resident driver who was checked on the spot in a road control, and where the ienformation letter contains at least the data listed in paragraph 2, points (c), (d), (e) and (g)cement procedures have not been finalised, that the information letter referred to in paragraph 2 is sent to the person concerned without undue delay.
Amendment 141 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/413
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that in the case where the liable person is a non- resident driver who was checked on the spot in a road control and where the enforcement of the committed offence has been finalised by the competent authority with a transaction of the financial penalty paid by the liable person, this person shall receive at least the following information: (a) receipt of the financial transaction; (b) contact information of the competent authority; (c) information on the offences committed and, if relevant, how to ensure compliance in future; (d) a link and, if possible, a QR code to the portal referred to in Article 8.
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/413
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that the start of the time limits for non-residents to exercise their rights of appeal or to mitigate sanctions, in accordance with paragraph 2, points (e) and (i) points (e) and (i), are proportionate to ensure effective exercise of such rights and correspond to the date of the receipt of the information letter.
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/413
Article 5 a – paragraph 9
Article 5 a – paragraph 9
9. Member States shall ensure that the presumed liable persons are allowed to communicate with the authorities of the Member State of the offence, until the stage of appeal before a court, in any of the languages communicated by either the Member State of registration or the Member State of residence, or by the Member State of the offence to the Commission in accordance with paragraph 8, or, if the concerned person has insufficient knowledge of those languages, in a Union language that the person speaks or understands. Member States are encouraged to permit presumed liable persons to connect remotely to court proceedings by video link.
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2015/413
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By [fourthree years after the date of entry into force of this Directive], and every fourthree years thereafter, each Member State shall send a report to the Commission and the European Parliament on the application of this Directive.
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2015/413
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The report shall also include a description of the situation at national level in relation to the follow-up given to the road-safety- related traffic offences and any related problems encountered by Member States. The description shall at least specify:
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2015/413
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall assess the reports sent by the Member States and inform the Committee referred to in Article 10a on their content no later than 6 months after receiving the reports from all the Member States. These reports shall also be published on the website of the portal referred to in Article 8.
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2015/413
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) sharing information with road users on the rules in force in Member States in the field covered by this Directive, in particular road-safety-related traffic rules and how drivers can comply with them, appeal procedures, applied sanctions, and the schemes and available means for the payment of financial penalties;
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2015/413
Article 8 – paragraph 1 – subparagraph (b)
Article 8 – paragraph 1 – subparagraph (b)
(b) the exchange of information and other interactions between national contact points and other relevant authorities of Member States with each other and with other road users, in particular by providing access to specific applications of the Member States facilitating the enforcement of sanctions, including for the payment of financial penalties, where applicable. This may include exchanging vehicle registration data and the data on persons presumed to be liable or liable for road- safety-related offences listed in Article 2(1).
Amendment 162 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2015/413
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Access to the CBE Portal shall be provided for the national contact points and other relevant authorities that are competent in the identification of the liable persons and in the cross-border enforcement of road-safety-related traffic rules in Member States.
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2015/413
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall help road users in verifying the authenticity of the information letters and follow-up documents. For this purpose, Member States shall share with each other and with the Commission through the CBE Portal the templates of information letters and follow-up documents issued by their authorities, which are used in cross-border cases. Member States shall also inform each other on the authorities and empowered legal entities that have the right to issue those letters and documents. The Commission and Member States shall be the joint controllers of the CBE Portal, in accordance with Regulation 2018/1725**.
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2015/413
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall provide up-to- date information to each other and to the Commission, for the purposes of this Article, and interact with road users through the CBE Portal on a regular basis. Member States shall ensure that a link to the online portal is provided on the websites of their national contact points.
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2015/413
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6 a. Any personal data processed under this Article shall be retained for a maximum of 2 years.
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – introductory part
Article 1 – paragraph 1 – point 9 – introductory part
Directive (EU) 2015/413
Article 8 – paragraph 6 – point 9
Article 8 – paragraph 6 – point 9
(9) The following Article 8a is, 8b, 8c and 8d are inserted:
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/413
Article 8 a – subparagraph 1
Article 8 a – subparagraph 1
The Commission shall provide financial support to initiatives that contribute to cross-border cooperation in the enforcement of road-safety-related traffic rules in the Union, in particular the exchange of best practices, the application of smart enforcement methodologies and techniques in the Member States, increasing the capacity building of enforcement authorities and awareness raising campaigns regarding cross-border enforcement actions. The Commission and Member States shall also support Member States in digitising the data covered in Annex III of Directive 2010/40/EU that is relevant for the offences covered in Article 2(1).
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive (EU) 2015/413
Article 8 b (new)
Article 8 b (new)
(9a) Article 8b Use of revenues collected for offences Member States shall ensure that a value equating to at least 25% of the revenues generated within a calendar year from financial penalties imposed as sanctions on non-resident drivers for the offences listed in Article 2(1), are invested in improving road safety within the territory where the offence occurred.
Amendment 174 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Directive (EU) 2015/413
Article 8 c (new)
Article 8 c (new)
(9b) Article 8c Exchange of information with third countries The Commission and Member States shall endeavour to establish or update agreements with neighbouring third countries that would permit the exchange of information referred to in Article 4(1) points (a) and (b), provided the rights and protections granted to EU citizens under this Directive and EU law are equivalent, especially regarding data protection.
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 c (new)
Article 1 – paragraph 1 – point 9 c (new)
Directive (EU) 2015/413
Article 8 d (new)
Article 8 d (new)
(9c) Article 8d Recommendation on enforcement in the field of road safety The Commission shall update its Recommendation 2004/345/EC on enforcement in the field of road safety by 1 June 2025.
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2015/413
Article 9 – subparagraph 1
Article 9 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 4d and Article 10 to amend the Annex to update it in the light of technical progress or where this is required by legal acts of the Union directly relevant to the updating of the Annex.
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive (EU) 2015/413
Article 11 – subparagraph 1
Article 11 – subparagraph 1
The Commission shall submit a report to the European Parliament and to the Council on the application of this Directive by the Member States no later than 18 months after receiving the reports referred to in Article 6(2) from all Member States. The report shall examine the need to further harmonise and digitise data available under Council Directive 1999/37/EC that would help with achieving the objectives of this Directive. The report shall also assess the possibility under EU law of allowing drivers to voluntarily share data with competent authorities that proves compliance or exemptions from the offence covered in Article 2(1) ‘not respecting the rules on vehicle access regulations’. The Commission shall assess in this report the need for minimum standards for road safety enforcement equipment and for the deployment and operation of this equipment. The Commission shall on the basis of this report, propose a revision to this Directive, if appropriate.
Amendment 179 #
Proposal for a directive
Annex I
Annex I
Directive (EU) 2015/413
Annex I
Annex I
Amendment 180 #
Proposal for a directive
Annex I
Annex I
Directive (EU) 2015/413
Annex II
Annex II
Part I. Data relating to vehicles Item M/O ( ) 4 4 Remarks ( ) 5 Registration number M (Code A) Full registration number of the requested vehicle number Chassis Chassis number/VIN M (Code E) Full chassis number/VIN of the requested vehicle number/VIN Member State of M Distinguishing sign( ) of the Member State of registration of the 6 registration requested vehicle Make M (Code D.1) Make of the requested vehicle e.g. Ford, Opel, Renault Commercial M (Code D.3) Commercial description of the requested vehicle e.g. description(s) of the Focus, Astra, Megane vehicle EU Category Code M (Code J) e.g. N1, M2, N2, L, T Registration date M (Code I) Date of the last registration of the requested vehicle Language O Language of the vehicle registration document Previous inquires O The dates of previous inquiries on the requested vehicle EURO type The Euro type (1,2,3... etc.) of the vehicle Type of fuel or power The type of fuel used by the vehicle and/or its power source source