7 Amendments of Dominique RIQUET related to 2008/0062(COD)
Amendment 32 #
Proposal for a directive
Recital 2
Recital 2
(2) However, due to a lack of appropriate procedures and notwithstanding existing possibilities under Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and of Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (the "Prüm Decisions"), sanctions in the form of financial penalties for certain road traffic offences are often not enforced if those offences are committed with a vehicle which is registered in a Member State other than the Member State where the offence took place. This Directive aims to ensure that even in such cases, the effectiveness of the investigation of road safety related traffic offences should be ensuroptimised.
Amendment 36 #
Proposal for a directive
Recital 10
Recital 10
(10) Member States should be able to contact the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep him informed of the applicable procedures and the legal consequences under the law of the Member State of the offence . In doing so, Member States should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned, to ensure that that person has a clear understanding of the information which is being shared with him. The information should be sent using a procedure that ensures confirmation of receipt by the person concerned only, and not by a third party (a form of registered delivery), in order to protect confidentiality and be certain that the person concerned has indeed received it. This will allow that person to respond to the information in an appropriate way, in particular by asking for more information, settling the fine or by exercising their rights of defence, in particular in the case of mistaken identity. Further proceedings are covered by applicable legal instruments, including instruments on mutual assistance and on mutual recognition.
Amendment 41 #
Proposal for a directive
Recital 12
Recital 12
(12) Closer cooperation between law enforcement authorities should go hand in hand with respect for fundamental rights, in particular the right to respect for privacy and to protection of personal data, to be guaranteed by special data protection arrangements which should take particular account of the specific nature of cross- border online access to databases. Such requirements are satisfied by the Prüm Decisions.
Amendment 49 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The Member State of the offence shall, under this Directive, use the data obtained in order to establish, if possible, who is personally liable for road safety related traffic offences referred to in Articles 2 and 3.
Amendment 53 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where the Member State of the offence decides to initiate follow-up proceedings in relation to the road safety related traffic offences referred to in Article 2, it informs, with confirmation of receipt and on a strictly confidential basis, in accordance with its law and this directive, the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence of the legal consequences thereof within the territory of the Member State of the offence under the law of that Member State.
Amendment 56 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
When sending, with confirmation of receipt and on a strictly confidential basis, the information letter to the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence, the Member State of the offence shall, in accordance with its law and this directive, include any relevant information such as, notably the nature of the road safety related offence referred to in Article 2, the place, date and time of the offence, texts of the national law infringed and the penalty and, where appropriate, data concerning the device used for detecting the offence.
Amendment 60 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
The provisions on data protection set out in the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters3 shall apply to personal data processed under this Directive. 3 OJ L 350, 30.12.2008Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data3 shall apply to personal data processed under this Directive. This information shall be sent solely for the purposes of this Directive, and, upon conclusion of proceedings, all data must be verifiably deleted. 3 OJ L 281, 23.11.1995, p. 6031.