20 Amendments of Elżbieta Katarzyna ŁUKACIJEWSKA related to 2023/0052(COD)
Amendment 43 #
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. 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).
Amendment 63 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
Amendment 64 #
Proposal for a directive
Recital 36 b (new)
Recital 36 b (new)
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2015/413
Article 3 – paragraph 2 – point l
Article 3 – paragraph 2 – point l
(l) ‘national contact point’ means a competentn authority designated for the purposes of this Directivethrough which information is exchanged between Member State of offence and Member State of registration;
Amendment 92 #
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) ‘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;
Amendment 97 #
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 z (a) new
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;
Amendment 99 #
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 z (c) new
Article 3 – paragraph 3– point z (c) new
(zc) ‘competent authority’ is an authority designated for the purposes of this Directive;
Amendment 109 #
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 – subparagraph 2
Article 4 a – paragraph 3 – subparagraph 2
The Member State of registration or Member State of residence mayshall be requested:
Amendment 126 #
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 2
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.
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/143
Article 5 – paragraph 1 – subparagraph 2
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 laid out in Article 5a, 2).
Amendment 133 #
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 e
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;
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/413
Article 5 a – paragraph 1
Article 5 a – paragraph 1
1. Member States shall send the information letter and the follow-up documents to the presumed liable persons by registered deliverymail or electronic means with equal value in accordance with Chapter III, Section 7 of Regulation (EU) 910/2014 of the European Parliament and of the Council*, or in the case referred to in Article 5(3) of this Regulation give the information letter directly to the presumed liable person.
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/413
Article 5 a – paragraph 2
Article 5 a – paragraph 2
Member States shall ensure that the information letter is sent no later than one month from the registration of a road- safety-related traffic offence listed in Article 2(1), counting from the day of the incident, or where more information letters need to be sent during the investigation, 15 days from the event that made sending the subsequent information letters necessary.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/413
Article 5 a – paragraph 2
Article 5 a – paragraph 2
Member States shall ensure that the information letter is sent no later than one month from the registration of a road- safety-related traffic offence listed in Article 2(1) counting from the day of the incident, or where more information letters need to be sent during the investigation, 15 days from the event that made sending the subsequent information letters necessary.
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/413
Article 5 a – paragraph 3 – point b
Article 5 a – paragraph 3 – point b
(b) the procedural rules under the national law of the Member State of the offence require proof of service of the document, other than proof that can be obtained by registered deliverymail or by equivalent electronic means;
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/413
Article 5 a – paragraph 3 – point c
Article 5 a – paragraph 3 – point c
(c) it has not been possible to serve the document by registered deliverymail or by equivalent electronic means;
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/413
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) the Member State of the offence has justified reasons for considering that the service of the document by registered deliverymail or by equivalent electronic means in that particular case will be ineffective or is inappropriate.
Amendment 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/413
Article 5 b – paragraph 1 a (new)
Article 5 b – paragraph 1 a (new)
Member States shall ensure that an empowered private entity enforcing financial penalties act in line with data protection requirements, pursuant to Regulation (EU) 2016/679 and Directive (EU) 2016/680.
Amendment 170 #
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) the following Article 8b is inserted: Article 8b Enforcement Revenues generated from financial penalties for road safety-related traffic offences, or the equivalent in the financial value of those revenues, shall be used to increase road safety. Where such revenues are allocated to the general budget of a Member State, a Member State shall be deemed to have complied with the first subparagraph of this paragraph if it implements financial support policies to increase road safety which have a value equivalent to the revenues generated from financial penalties to road-safety-related traffic offences defined by the Article 3 of Directive (EU) 2015/413. By [6 May 2026], and every [three] years thereafter, Member States shall make public in aggregate form a report on the use of revenues generated from financial penalties and information on the level of expenditure allocated to road safety as well as sustainable transport and mobility in general.
Amendment 173 #
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) the following Article 8c is inserted: Article 8c Cross border cooperation in enforcement activities 1. Member States can request the enforcement of administrative penalty notices of road-safety-related traffic offences under the following criteria: a. The final decision requiring a financial penalty must be paid by a natural or legal person b. The individual financial penalty is equal to or more than 70 euros, excluding the cost of administrative proceedings and including statutory increases. c. The penalty notice is enforceable according to the applicable laws and regulations of the requesting Member State, and the right of execution has not transpired. d. The natural person involved is a resident of the requested Member State, or the legal person involved has its registered seat in the requested Member State. 2. The competent authorities in the requested Member State shall recognise a decision which has been transmitted in accordance with this article without any further formality being required and shall forthwith take all the necessary measures for its execution unless the competent authority decides to invoke one of the grounds for non-recognition or non- execution provided for in Article [to be determined]. 3. The enforcement of an administrative penalty notice is governed by the laws and regulations applicable in the requested Member State. The authorities of the requested Member State alone shall be competent to decide on the procedures for enforcement and to determine all the measures relating thereto, including the grounds for termination of enforcement. 4. If the person from whom the fine is collected demonstrates that payments have already been made to settle the fine, the requested Member State shall promptly notify and consult the requesting Member State about this. 5. The competent authority of the requesting Member State shall transmit the request for the administrative penalty notice in an electronically structured form to the competent authority of the requested Member State.