BETA


2014/0218(COD) Cross-border exchange of information on road safety related traffic offences

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead TRAN AYALA SENDER Inés (icon: S&D S&D) BACH Georges (icon: PPE PPE), VAN DALEN Peter (icon: ECR ECR), BILBAO BARANDICA Izaskun (icon: ALDE ALDE), EICKHOUT Bas (icon: Verts/ALE Verts/ALE), AIUTO Daniela (icon: EFDD EFDD)
Committee Opinion LIBE
Lead committee dossier:
Legal Basis:
TFEU 091-p1

Events

2016/11/29
   EC - Follow-up document
Details

The Commission presented a report on the application of Directive (EU) 2015/413 facilitating cross-border exchange of information on road-safety-related traffic offences (CBE Directive).

As a reminder, the CBE Directive aims to ensure a high level of protection for all road users by facilitating the cross-border exchange of information on road safety related traffic offences, and thereby facilitating 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.

Possible extension of the CBE Directive’s scope : the Commission considered that the Directive’s scope can be considered adequate as it covers the eight most important road safety related traffic offences. Offences such as speeding, failing to use a seat belt, drink driving and the use of communication devices (distraction) are a major threat to road safety and are often committed by non-resident drivers.

The addition of other offences to the scope of the CBE Directive has been suggested. These include: (i) not keeping a sufficient distance from the vehicle in front ; (ii) dangerous overtaking ; (iii) illegal or dangerous parking . On the other hand, the Commission is not in favour of adding tolling offences and non-payment of municipal charges or taxes to the scope of the Directive.

Impact of the Directive : according to the report, the CBE Directive is an effective tool with a significant potential to improve road safety by making possible identification of non-resident offenders through an electronic information system and by raising citizens’ awareness of traffic rules and the applicability of sanctions in Member States.

According to the external evaluation study, the total number of detected offences covered by the CBE Directive and committed by non-residents/foreign vehicles in the EU is estimated at 10 million for 2014.

The electronic information system which ensures the expeditious, secure and confidential exchange of vehicle registration data is effective since it has had a positive impact on the cross-border enforcement of sanctions: the number of investigated road traffic offences committed by non-residents quadrupled between 2013 and 2015 in the Member States that implemented the Directive.

Possible improvements : in order to improve the impact of the Directive, the report recommended a holistic approach to create a synergy with other instruments , namely those related to mutual assistance and cooperation between Member States in investigating road traffic offences and mutual recognition to financial penalties.

The report suggested in particular:

to better exploit the potential of the electronic information system : in November 2016, 23 out of 28 Member States were connected to the system. Approximately 50 % of detected road traffic offences committed by non-residents were not investigated, in 2015; the possibility to introduce measures which could increase the reliability of automatic control equipment ( for instance harmonised EU-level standards, type approval procedures and periodic checks of automatic checking equipment); strengthening the enforcement of sanctions for investigated road traffic offences which are committed by non-residents: approximately 50% of investigated road traffic offences committed by non-residents are currently not successfully enforced because of the following issues with the enforcement chain not covered by the Directive: (i) Member States’ lack of mutual assistance and cooperation in investigating road traffic offences after exchanging vehicle registration data; (ii) decisions issued by Member States in cases of non-payment of a financial penalty for these offences often do not fall under Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties; working on designing standardised forms to facilitate the procedure for cross-border enforcement of financial penalties under the Council Framework Decision 2005/214/JHA. Moreover, the number of mutually recognised decisions that fall under the Framework Decision and relate to financial penalties for road traffic offences is very low.

2016/11/17
   EC - Follow-up document
2016/11/17
   EC - Follow-up document
2015/03/18
   EC - Commission response to text adopted in plenary
Documents
2015/03/13
   Final act published in Official Journal
Details

PURPOSE: to facilitate the cross-border exchange of information on road safety related traffic offences.

LEGISLATIVE ACT: Directive (EU) 2015/413 of the European Parliament and of the Council facilitating cross-border exchange of information on road-safety-related traffic offences.

CONTENT: 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-related traffic offences , and thereby facilitating 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.

This Directive replaces Directive 2011/82/EU of the European Parliament and of the Council (adopted on the basis of Article 87(2) Treaty on the Functioning of the European Union), annulled by the Court of Justice of the European Union by its judgment of 6 May 2014.

The main objective of the new Directive, adopted on the basis of Article 91 (1)(c) of the TFEU (Transport), remains identical to the initial Directive, which was to put an end to the anonymity of non-resident drivers and to make sure that their road traffic offences would not go unpunished.

New rules shall also apply to the United Kingdom, Ireland and Denmark.

Procedure for the exchange of information between Member States : for the investigation of the road-safety-related traffic offences, the Member State shall grant other Member States' national contact points, access to the following national Vehicle Registration Data, with the power to conduct automated searches on data relating to vehicles and data relating to owners or holders of the vehicle.

The Member State of the offence shall decide whether or not to initiate follow-up proceedings in relation to the road-safety-related traffic offences.

For the purposes of the exchange of data, each Member State shall designate a national contact point. When sending the information letter to the owner, the holder of the vehicle or to 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, include any relevant information as regards the offence. The information letter shall be sent in the language of the registration document of the vehicle, if available, or in one of the official languages of the Member State of registration.

Scope : the Directive applies to the following eight road-safety-related traffic offences : (a) speeding; (b) failing to use a seat-belt; (c) failing to stop at a red traffic light; (d) drink-driving; (e) driving while under the influence of drugs; (f) failing to wear a safety helmet; (g) the use of a forbidden lane; (h) illegally using a mobile telephone or any other communication devices while driving.

Data protection : given that data relating to the identification of an offender are personal data, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data shall apply to the processing activities carried out in application of this Directive.

Information for road users : the Commission shall make available on its website a summary in all official languages of the institutions of the Union of the rules in force in Member States in the field covered by this Directive.

Revision of the Directive : the Commission shall, by 7 November 2016, submit a report on the application of this Directive by the Member States and make legislative proposals if necessary.

In its report, the Commission shall examine the need for common criteria for follow-up procedures by Member States in the event of non-payment of a financial penalty, in accordance with Member States' laws and procedures.

ENTRY INTO FORCE: 17.3.2015.

TRANSPOSITION: 6.5.2015. For Denmark, Ireland and the United Kingdom: 6.5.2017.

DELEGATED ACTS: the Commission is empowered to adopt delegated acts in order to achieve the objective of the exchange of information between Member States through interoperable means.

The power to adopt delegated acts shall be conferred on the Commission for a period of five years (tacitly extended) from 13 March 2015 . The European Parliament or the Council may raise objections to a delegated act within a period of two months from the date of notification (this may be extended by two months). If the European Parliament or Council express objections, the delegated act will not enter into force.

2015/03/11
   CSL - Draft final act
Documents
2015/03/11
   CSL - Final act signed
2015/03/11
   EP - End of procedure in Parliament
2015/03/02
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2015/03/02
   CSL - Council Meeting
2015/02/11
   EP - Results of vote in Parliament
2015/02/11
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 640 votes to 61, with 6 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on facilitating cross-border exchange of information on road safety related traffic offences.

Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary amended the Commission proposal as follows:

Processing and data protection : Parliament stipulated that the provisions of the Prüm Decisions concerning the technical specifications and the availability of automated data exchange set out in the Prüm Decisions should, as far as possible, be included in this Directive.

In the recitals, it is recalled that: (i) Decision 2008/616/JHA specifies the security features for existing software applications and the related technical requirements for the exchange of vehicle registration data (VRD); (ii) the processing of VRD containing personal data is subject to the specific provisions on data protection set out in Decision 2008/615/JHA .

United Kingdom, Ireland and Denmark : an amendment seeks to postpone, until 6 May 2017, the deadline for these three countries to transpose the directive into national law.

Report : the Commission shall, by 7 November 2016 at the latest, report on the application of this Directive.

Documents
2015/02/10
   EP - Debate in Parliament
2015/01/07
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Transport and Tourism adopted the report by Inés AYALA SENDER (S&D, ES) on the proposal for a directive of the European Parliament and of the Council on facilitating cross-border exchange of information on road safety related traffic offences.

The committee recommended that the European Parliament position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Data protection : Members proposed the addition of a new recital which includes the clarifications made by the Council and the suggestion made by the European Data Protection Supervisor. It aims to clarify the new data protection arrangements that need to be applied in respect of the offences covered by this Directive.

United Kingdom, Ireland and Denmark : an amendment aims to extend by one year (until 6 May 2016 instead of 6 May 2015) the deadline granted to these three Member States in order to transpose the Directive into national legislation.

Documents
2014/12/17
   CSL - Coreper letter confirming interinstitutional agreement
2014/12/02
   EP - Vote in committee, 1st reading
2014/11/10
   EP - Amendments tabled in committee
Documents
2014/10/20
   PT_PARLIAMENT - Contribution
Documents
2014/10/16
   EP - Committee draft report
Documents
2014/10/15
   ESC - Economic and Social Committee: opinion, report
Documents
2014/10/10
   IT_SENATE - Contribution
Documents
2014/10/08
   CSL - Debate in Council
Documents
2014/10/08
   CSL - Council Meeting
2014/10/06
   ES_PARLIAMENT - Contribution
Documents
2014/09/15
   EP - Committee referral announced in Parliament, 1st reading
2014/09/03
   EP - AYALA SENDER Inés (S&D) appointed as rapporteur in TRAN
2014/07/18
   EC - Legislative proposal published
Details

PURPOSE: to facilitate the cross-border exchange of information on road safety related traffic offences.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: improving road safety is a prime objective of the Union's transport policy. An important element of that policy is the consistent enforcement of sanctions for road traffic offences committed in the Union which considerably jeopardise road safety.

However, due to a lack of appropriate procedures and notwithstanding existing possibilities under Council Decision 2008/615/JHA and Council Decision 2008/616/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.

On 19 March 2008, the Commission adopted a proposal for a Directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety on the basis of Article 71(1)(c) of the Treaty establishing the European Community (now Article 91 of Treaty on the Functioning of the European Union ('TFUE')).

Directive 2011/82/EU was adopted on 25 October 2011. The European Parliament and the Council chose Article 87(2) TFEU on police cooperation as its legal basis.

The Commission fully supported the contents of the adopted Directive but decided to challenge its legal basis before the Court of Justice of the European Union. In its judgement of 6 May 2014, case C-43/12, the Court annulled Directive 2011/82/EU , but maintained its effects until the entry into force of a new Directive on the basis of the transport article of the Treaty within a reasonable period of time.

Following the Commission Communication of 20 July 2010 entitled 'Towards a European road safety area: policy orientations on road safety 2011-2020', the Council invited the Commission to examine the possibilities of harmonising traffic rules at Union level where appropriate and adopting further measures on facilitating cross-border enforcement with regard to road traffic offences, in particular those related to serious traffic accidents.

IMPACT ASSESSMENT: given that the proposal does not contain any new elements as compared to the annulled Directive, the impact assessment of the initial Commission proposal remains valid.

CONTENT: the proposed 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 related traffic offences and thereby the enforcement of sanctions, where those offences are committed with a vehicle registered in a Member State other than the Member State where the offence took place.

Road safety related traffic offences comprise: speeding; failing to stop at a red traffic light; driving under the influence of drink, drugs; failing to wear a safety helmet; illegally using a mobile telephone or any other communication devices while driving.

The proposal is almost identical to the text of the annulled Directive. The main objective of that Directive was to put an end to the anonymity of non-resident drivers and to make sure that their road traffic offences would not go unpunished. For this reason the Directive provided the Member States with the mutual access to each other's vehicle registration data via an electronic data exchange network . This would allow them to identify drivers when they commit traffic offences abroad, thus ensuring equal treatment of non-resident and resident drivers.

Once the vehicle owner's name and address are known, a letter to the presumed offender may be sent, on the basis of a model established by the Directive. The Member State of offence will have kept their right to decide on the follow up of the traffic offence.

The Commission proposes to introduce minor amendments in order to comply with the Court of Justice case:

Legal basis : the legal basis for the adoption of measures at EU level in the field of road safety is Article 91(1)(c) TFEU. UK, Ireland and Denmark : in recitals 22 and 23 of the annulled Directive, UK, Ireland and Denmark had, in accordance with Protocols no 21 and 22 annexed to the Treaties, the possibility not to take part in adoption of, be bound by or subject to the application of that Directive. However, where those Protocols do not apply since they only apply to Title V of the TFEU, those recitals should be deleted. Data protection : taking account of the new legal basis, the general rules on data protection provided for in Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data should therefore apply. Consequently, the proposal should refer to Directive 95/46/EC, both in general and for the provisions on rectification, erasure, blocking and maximum storage time.

BUDGETARY IMPLICATION: there are no other budgetary implications than those already mentioned in the annulled Directive.

DELEAGTED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the treaty on the Functioning of the European Union.

Documents

Activities

Votes

A8-0001/2015 - Inés Ayala Sender - Résolution législative #

2015/02/11 Outcome: +: 640, -: 61, 0: 6
DE IT ES PL RO FR PT HU GB SE CZ BE BG NL FI DK SK HR LT IE AT EL LV SI LU EE CY MT
Total
90
66
50
48
32
69
21
21
68
19
21
20
16
23
12
12
12
11
10
10
18
20
8
7
6
6
6
4
icon: PPE PPE
212

Denmark PPE

For (1)

1
2

Luxembourg PPE

3

Estonia PPE

For (1)

1
icon: S&D S&D
178

Czechia S&D

Against (1)

4

Netherlands S&D

2
3

Croatia S&D

2

Ireland S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Cyprus S&D

2

Malta S&D

2
icon: ALDE ALDE
61

Romania ALDE

3

United Kingdom ALDE

1

Denmark ALDE

2

Croatia ALDE

2

Lithuania ALDE

2

Ireland ALDE

For (1)

1

Austria ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: ECR ECR
67

Czechia ECR

2

Bulgaria ECR

1

Netherlands ECR

For (1)

1

Finland ECR

2

Croatia ECR

For (1)

1

Lithuania ECR

1

Greece ECR

For (1)

1

Latvia ECR

For (1)

1
icon: Verts/ALE Verts/ALE
48

Hungary Verts/ALE

2

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Austria Verts/ALE

3

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
48

France GUE/NGL

2

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

Against (1)

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: EFDD EFDD
42

Poland EFDD

1

France EFDD

1

Sweden EFDD

2

Czechia EFDD

For (1)

1

Lithuania EFDD

2
icon: NI NI
50

Germany NI

2
2

United Kingdom NI

Abstain (1)

1

Belgium NI

Against (1)

1

Netherlands NI

3

Latvia NI

1
AmendmentsDossier
16 2014/0218(COD)
2014/11/10 TRAN 16 amendments...
source: 541.591

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2015-03-13T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015L0413 title: Directive 2015/413 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:068:TOC title: OJ L 068 13.03.2015, p. 0009
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  • body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3371 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3371*&MEET_DATE=02/03/2015 date: 2015-03-02T00:00:00
  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3335 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3335*&MEET_DATE=08/10/2014 date: 2014-10-08T00:00:00
docs
  • date: 2014-10-15T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:5279)(documentyear:2014)(documentlanguage:EN) title: CES5279/2014 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2014-10-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE539.855 title: PE539.855 type: Committee draft report body: EP
  • date: 2014-11-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE541.591 title: PE541.591 type: Amendments tabled in committee body: EP
  • date: 2015-03-11T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00103/2014/LEX type: Draft final act body: CSL
  • date: 2015-03-18T00:00:00 docs: url: /oeil/spdoc.do?i=25120&j=0&l=en title: SP(2015)173 type: Commission response to text adopted in plenary
  • date: 2016-11-17T00:00:00 docs: title: SWD(2016)0355 type: Follow-up document body: EC
  • date: 2016-11-17T00:00:00 docs: title: SWD(2016)0356 type: Follow-up document body: EC
  • date: 2016-11-29T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0744/COM_COM(2016)0744(ANN)_EN.pdf title: COM(2016)0744 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0744 title: EUR-Lex summary: The Commission presented a report on the application of Directive (EU) 2015/413 facilitating cross-border exchange of information on road-safety-related traffic offences (CBE Directive). As a reminder, the CBE Directive aims to ensure a high level of protection for all road users by facilitating the cross-border exchange of information on road safety related traffic offences, and thereby facilitating 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. Possible extension of the CBE Directive’s scope : the Commission considered that the Directive’s scope can be considered adequate as it covers the eight most important road safety related traffic offences. Offences such as speeding, failing to use a seat belt, drink driving and the use of communication devices (distraction) are a major threat to road safety and are often committed by non-resident drivers. The addition of other offences to the scope of the CBE Directive has been suggested. These include: (i) not keeping a sufficient distance from the vehicle in front ; (ii) dangerous overtaking ; (iii) illegal or dangerous parking . On the other hand, the Commission is not in favour of adding tolling offences and non-payment of municipal charges or taxes to the scope of the Directive. Impact of the Directive : according to the report, the CBE Directive is an effective tool with a significant potential to improve road safety by making possible identification of non-resident offenders through an electronic information system and by raising citizens’ awareness of traffic rules and the applicability of sanctions in Member States. According to the external evaluation study, the total number of detected offences covered by the CBE Directive and committed by non-residents/foreign vehicles in the EU is estimated at 10 million for 2014. The electronic information system which ensures the expeditious, secure and confidential exchange of vehicle registration data is effective since it has had a positive impact on the cross-border enforcement of sanctions: the number of investigated road traffic offences committed by non-residents quadrupled between 2013 and 2015 in the Member States that implemented the Directive. Possible improvements : in order to improve the impact of the Directive, the report recommended a holistic approach to create a synergy with other instruments , namely those related to mutual assistance and cooperation between Member States in investigating road traffic offences and mutual recognition to financial penalties. The report suggested in particular: to better exploit the potential of the electronic information system : in November 2016, 23 out of 28 Member States were connected to the system. Approximately 50 % of detected road traffic offences committed by non-residents were not investigated, in 2015; the possibility to introduce measures which could increase the reliability of automatic control equipment ( for instance harmonised EU-level standards, type approval procedures and periodic checks of automatic checking equipment); strengthening the enforcement of sanctions for investigated road traffic offences which are committed by non-residents: approximately 50% of investigated road traffic offences committed by non-residents are currently not successfully enforced because of the following issues with the enforcement chain not covered by the Directive: (i) Member States’ lack of mutual assistance and cooperation in investigating road traffic offences after exchanging vehicle registration data; (ii) decisions issued by Member States in cases of non-payment of a financial penalty for these offences often do not fall under Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties; working on designing standardised forms to facilitate the procedure for cross-border enforcement of financial penalties under the Council Framework Decision 2005/214/JHA. Moreover, the number of mutually recognised decisions that fall under the Framework Decision and relate to financial penalties for road traffic offences is very low. type: Follow-up document body: EC
  • date: 2014-10-06T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2014)0476 title: COM(2014)0476 type: Contribution body: ES_PARLIAMENT
  • date: 2014-10-10T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2014)0476 title: COM(2014)0476 type: Contribution body: IT_SENATE
  • date: 2014-10-20T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2014)0476 title: COM(2014)0476 type: Contribution body: PT_PARLIAMENT
events
  • date: 2014-07-18T00:00:00 type: Legislative proposal published body: EC docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2014&nu_doc=0476 title: EUR-Lex title: COM(2014)0476 summary: PURPOSE: to facilitate the cross-border exchange of information on road safety related traffic offences. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: improving road safety is a prime objective of the Union's transport policy. An important element of that policy is the consistent enforcement of sanctions for road traffic offences committed in the Union which considerably jeopardise road safety. However, due to a lack of appropriate procedures and notwithstanding existing possibilities under Council Decision 2008/615/JHA and Council Decision 2008/616/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. On 19 March 2008, the Commission adopted a proposal for a Directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety on the basis of Article 71(1)(c) of the Treaty establishing the European Community (now Article 91 of Treaty on the Functioning of the European Union ('TFUE')). Directive 2011/82/EU was adopted on 25 October 2011. The European Parliament and the Council chose Article 87(2) TFEU on police cooperation as its legal basis. The Commission fully supported the contents of the adopted Directive but decided to challenge its legal basis before the Court of Justice of the European Union. In its judgement of 6 May 2014, case C-43/12, the Court annulled Directive 2011/82/EU , but maintained its effects until the entry into force of a new Directive on the basis of the transport article of the Treaty within a reasonable period of time. Following the Commission Communication of 20 July 2010 entitled 'Towards a European road safety area: policy orientations on road safety 2011-2020', the Council invited the Commission to examine the possibilities of harmonising traffic rules at Union level where appropriate and adopting further measures on facilitating cross-border enforcement with regard to road traffic offences, in particular those related to serious traffic accidents. IMPACT ASSESSMENT: given that the proposal does not contain any new elements as compared to the annulled Directive, the impact assessment of the initial Commission proposal remains valid. CONTENT: the proposed 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 related traffic offences and thereby the enforcement of sanctions, where those offences are committed with a vehicle registered in a Member State other than the Member State where the offence took place. Road safety related traffic offences comprise: speeding; failing to stop at a red traffic light; driving under the influence of drink, drugs; failing to wear a safety helmet; illegally using a mobile telephone or any other communication devices while driving. The proposal is almost identical to the text of the annulled Directive. The main objective of that Directive was to put an end to the anonymity of non-resident drivers and to make sure that their road traffic offences would not go unpunished. For this reason the Directive provided the Member States with the mutual access to each other's vehicle registration data via an electronic data exchange network . This would allow them to identify drivers when they commit traffic offences abroad, thus ensuring equal treatment of non-resident and resident drivers. Once the vehicle owner's name and address are known, a letter to the presumed offender may be sent, on the basis of a model established by the Directive. The Member State of offence will have kept their right to decide on the follow up of the traffic offence. The Commission proposes to introduce minor amendments in order to comply with the Court of Justice case: Legal basis : the legal basis for the adoption of measures at EU level in the field of road safety is Article 91(1)(c) TFEU. UK, Ireland and Denmark : in recitals 22 and 23 of the annulled Directive, UK, Ireland and Denmark had, in accordance with Protocols no 21 and 22 annexed to the Treaties, the possibility not to take part in adoption of, be bound by or subject to the application of that Directive. However, where those Protocols do not apply since they only apply to Title V of the TFEU, those recitals should be deleted. Data protection : taking account of the new legal basis, the general rules on data protection provided for in Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data should therefore apply. Consequently, the proposal should refer to Directive 95/46/EC, both in general and for the provisions on rectification, erasure, blocking and maximum storage time. BUDGETARY IMPLICATION: there are no other budgetary implications than those already mentioned in the annulled Directive. DELEAGTED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the treaty on the Functioning of the European Union.
  • date: 2014-09-15T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2014-10-08T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3335*&MEET_DATE=08/10/2014 title: 3335
  • date: 2014-12-02T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2015-01-07T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0001&language=EN title: A8-0001/2015 summary: The Committee on Transport and Tourism adopted the report by Inés AYALA SENDER (S&D, ES) on the proposal for a directive of the European Parliament and of the Council on facilitating cross-border exchange of information on road safety related traffic offences. The committee recommended that the European Parliament position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Data protection : Members proposed the addition of a new recital which includes the clarifications made by the Council and the suggestion made by the European Data Protection Supervisor. It aims to clarify the new data protection arrangements that need to be applied in respect of the offences covered by this Directive. United Kingdom, Ireland and Denmark : an amendment aims to extend by one year (until 6 May 2016 instead of 6 May 2015) the deadline granted to these three Member States in order to transpose the Directive into national legislation.
  • date: 2015-02-10T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20150210&type=CRE title: Debate in Parliament
  • date: 2015-02-11T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=25120&l=en title: Results of vote in Parliament
  • date: 2015-02-11T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0029 title: T8-0029/2015 summary: The European Parliament adopted by 640 votes to 61, with 6 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on facilitating cross-border exchange of information on road safety related traffic offences. Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary amended the Commission proposal as follows: Processing and data protection : Parliament stipulated that the provisions of the Prüm Decisions concerning the technical specifications and the availability of automated data exchange set out in the Prüm Decisions should, as far as possible, be included in this Directive. In the recitals, it is recalled that: (i) Decision 2008/616/JHA specifies the security features for existing software applications and the related technical requirements for the exchange of vehicle registration data (VRD); (ii) the processing of VRD containing personal data is subject to the specific provisions on data protection set out in Decision 2008/615/JHA . United Kingdom, Ireland and Denmark : an amendment seeks to postpone, until 6 May 2017, the deadline for these three countries to transpose the directive into national law. Report : the Commission shall, by 7 November 2016 at the latest, report on the application of this Directive.
  • date: 2015-03-02T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2015-03-11T00:00:00 type: Final act signed body: CSL
  • date: 2015-03-11T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2015-03-13T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to facilitate the cross-border exchange of information on road safety related traffic offences. LEGISLATIVE ACT: Directive (EU) 2015/413 of the European Parliament and of the Council facilitating cross-border exchange of information on road-safety-related traffic offences. CONTENT: 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-related traffic offences , and thereby facilitating 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. This Directive replaces Directive 2011/82/EU of the European Parliament and of the Council (adopted on the basis of Article 87(2) Treaty on the Functioning of the European Union), annulled by the Court of Justice of the European Union by its judgment of 6 May 2014. The main objective of the new Directive, adopted on the basis of Article 91 (1)(c) of the TFEU (Transport), remains identical to the initial Directive, which was to put an end to the anonymity of non-resident drivers and to make sure that their road traffic offences would not go unpunished. New rules shall also apply to the United Kingdom, Ireland and Denmark. Procedure for the exchange of information between Member States : for the investigation of the road-safety-related traffic offences, the Member State shall grant other Member States' national contact points, access to the following national Vehicle Registration Data, with the power to conduct automated searches on data relating to vehicles and data relating to owners or holders of the vehicle. The Member State of the offence shall decide whether or not to initiate follow-up proceedings in relation to the road-safety-related traffic offences. For the purposes of the exchange of data, each Member State shall designate a national contact point. When sending the information letter to the owner, the holder of the vehicle or to 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, include any relevant information as regards the offence. The information letter shall be sent in the language of the registration document of the vehicle, if available, or in one of the official languages of the Member State of registration. Scope : the Directive applies to the following eight road-safety-related traffic offences : (a) speeding; (b) failing to use a seat-belt; (c) failing to stop at a red traffic light; (d) drink-driving; (e) driving while under the influence of drugs; (f) failing to wear a safety helmet; (g) the use of a forbidden lane; (h) illegally using a mobile telephone or any other communication devices while driving. Data protection : given that data relating to the identification of an offender are personal data, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data shall apply to the processing activities carried out in application of this Directive. Information for road users : the Commission shall make available on its website a summary in all official languages of the institutions of the Union of the rules in force in Member States in the field covered by this Directive. Revision of the Directive : the Commission shall, by 7 November 2016, submit a report on the application of this Directive by the Member States and make legislative proposals if necessary. In its report, the Commission shall examine the need for common criteria for follow-up procedures by Member States in the event of non-payment of a financial penalty, in accordance with Member States' laws and procedures. ENTRY INTO FORCE: 17.3.2015. TRANSPOSITION: 6.5.2015. For Denmark, Ireland and the United Kingdom: 6.5.2017. DELEGATED ACTS: the Commission is empowered to adopt delegated acts in order to achieve the objective of the exchange of information between Member States through interoperable means. The power to adopt delegated acts shall be conferred on the Commission for a period of five years (tacitly extended) from 13 March 2015 . The European Parliament or the Council may raise objections to a delegated act within a period of two months from the date of notification (this may be extended by two months). If the European Parliament or Council express objections, the delegated act will not enter into force. docs: title: Directive 2015/413 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015L0413 title: OJ L 068 13.03.2015, p. 0009 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:068:TOC
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  • url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015L0413 title: Directive 2015/413
  • url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:068:TOC title: OJ L 068 13.03.2015, p. 0009
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  • PURPOSE: to facilitate the cross-border exchange of information on road safety related traffic offences.

    LEGISLATIVE ACT: Directive (EU) 2015/413 of the European Parliament and of the Council facilitating cross-border exchange of information on road-safety-related traffic offences.

    CONTENT: 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-related traffic offences, and thereby facilitating 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.

    This Directive replaces Directive 2011/82/EU of the European Parliament and of the Council (adopted on the basis of  Article 87(2) Treaty on the Functioning of the European Union), annulled by the Court of Justice of the European Union by its judgment of 6 May 2014.

    The main objective of the new Directive, adopted on the basis of Article 91 (1)(c) of the TFEU (Transport), remains identical to the initial Directive, which was to put an end to the anonymity of non-resident drivers and to make sure that their road traffic offences would not go unpunished.

    New rules shall also apply to the United Kingdom, Ireland and Denmark.

    Procedure for the exchange of information between Member States: for the investigation of the road-safety-related traffic offences, the Member State shall grant other Member States' national contact points, access to the following national Vehicle Registration Data, with the power to conduct automated searches on data relating to vehicles and data relating to owners or holders of the vehicle.

    The Member State of the offence shall decide whether or not to initiate follow-up proceedings in relation to the road-safety-related traffic offences.

    For the purposes of the exchange of data, each Member State shall designate a national contact point. When sending the information letter to the owner, the holder of the vehicle or to 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, include any relevant information as regards the offence. The information letter shall be sent in the language of the registration document of the vehicle, if available, or in one of the official languages of the Member State of registration.

    Scope: the Directive applies to the following eight road-safety-related traffic offences: (a) speeding; (b) failing to use a seat-belt; (c) failing to stop at a red traffic light; (d) drink-driving; (e) driving while under the influence of drugs; (f) failing to wear a safety helmet; (g) the use of a forbidden lane; (h) illegally using a mobile telephone or any other communication devices while driving.

    Data protection: given that data relating to the identification of an offender are personal data, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data shall apply to the processing activities carried out in application of this Directive.

    Information for road users: the Commission shall make available on its website a summary in all official languages of the institutions of the Union of the rules in force in Member States in the field covered by this Directive.

    Revision of the Directive: the Commission shall, by 7 November 2016, submit a report on the application of this Directive by the Member States and make legislative proposals if necessary.

    In its report, the Commission shall examine the need for common criteria for follow-up procedures by Member States in the event of non-payment of a financial penalty, in accordance with Member States' laws and procedures.

    ENTRY INTO FORCE: 17.3.2015.

    TRANSPOSITION: 6.5.2015. For Denmark, Ireland and the United Kingdom: 6.5.2017.

    DELEGATED ACTS: the Commission is empowered to adopt delegated acts in order to achieve the objective of the exchange of information between Member States through interoperable means.

    The power to adopt delegated acts shall be conferred on the Commission for a period of five years (tacitly extended) from 13 March 2015. The European Parliament or the Council may raise objections to a delegated act within a period of two months from the date of notification (this may be extended by two months). If the European Parliament or Council express objections, the delegated act will not enter into force.

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activities/0/docs/0/text
  • PURPOSE: to facilitate the cross-border exchange of information on road safety related traffic offences.

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: improving road safety is a prime objective of the Union's transport policy. An important element of that policy is the consistent enforcement of sanctions for road traffic offences committed in the Union which considerably jeopardise road safety.

    However, due to a lack of appropriate procedures and notwithstanding existing possibilities under Council Decision 2008/615/JHA and Council Decision 2008/616/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.

    On 19 March 2008, the Commission adopted a proposal for a Directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety on the basis of Article 71(1)(c) of the Treaty establishing the European Community (now Article 91 of Treaty on the Functioning of the European Union ('TFUE')).

    Directive 2011/82/EU was adopted on 25 October 2011. The European Parliament and the Council chose Article 87(2) TFEU on police cooperation as its legal basis.

    The Commission fully supported the contents of the adopted Directive but decided to challenge its legal basis before the Court of Justice of the European Union. In its judgement of 6 May 2014, case C-43/12, the Court annulled Directive 2011/82/EU, but maintained its effects until the entry into force of a new Directive on the basis of the transport article of the Treaty within a reasonable period of time.

    Following the Commission Communication of 20 July 2010 entitled 'Towards a European road safety area: policy orientations on road safety 2011-2020', the Council invited the Commission to examine the possibilities of harmonising traffic rules at Union level where appropriate and adopting further measures on facilitating cross-border enforcement with regard to road traffic offences, in particular those related to serious traffic accidents.

    IMPACT ASSESSMENT: given that the proposal does not contain any new elements as compared to the annulled Directive, the impact assessment of the initial Commission proposal remains valid.

    CONTENT: the proposed 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 related traffic offences and thereby the enforcement of sanctions, where those offences are committed with a vehicle registered in a Member State other than the Member State where the offence took place.

    Road safety related traffic offences comprise: speeding; failing to stop at a red traffic light; driving under the influence of drink, drugs; failing to wear a safety helmet; illegally using a mobile telephone or any other communication devices while driving.

    The proposal is almost identical to the text of the annulled Directive. The main objective of that Directive was to put an end to the anonymity of non-resident drivers and to make sure that their road traffic offences would not go unpunished. For this reason the Directive provided the Member States with the mutual access to each other's vehicle registration data via an electronic data exchange network. This would allow them to identify drivers when they commit traffic offences abroad, thus ensuring equal treatment of non-resident and resident drivers.

    Once the vehicle owner's name and address are known, a letter to the presumed offender may be sent, on the basis of a model established by the Directive. The Member State of offence will have kept their right to decide on the follow up of the traffic offence.

    The Commission proposes to introduce minor amendments in order to comply with the Court of Justice case:

    • Legal basis: the legal basis for the adoption of measures at EU level in the field of road safety is Article 91(1)(c) TFEU.
    • UK, Ireland and Denmark: in recitals 22 and 23 of the annulled Directive, UK, Ireland and Denmark had, in accordance with Protocols no 21 and 22 annexed to the Treaties, the possibility not to take
    • part in adoption of, be bound by or subject to the application of that Directive. However, where those Protocols do not apply since they only apply to Title V of the TFEU, those recitals should be deleted.
    • Data protection: taking account of the new legal basis, the general rules on data protection provided for in Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data should therefore apply. Consequently, the proposal should refer to Directive 95/46/EC, both in general and for the provisions on rectification, erasure, blocking and maximum storage time.

    BUDGETARY IMPLICATION: there are no other budgetary implications than those already mentioned in the annulled Directive.

    DELEAGTED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the treaty on the Functioning of the European Union.

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date
2014-09-15T00:00:00
body
EP
type
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docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3335*&MEET_DATE=08/10/2014 type: Debate in Council title: 3335
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date
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EP
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group
ECR
name
VAN DALEN Peter
committees/1/shadows/2
group
ALDE
name
BILBAO BARANDICA Izaskun
committees/1/shadows/3
group
GUE/NGL
name
KYLLÖNEN Merja
committees/1/shadows/5
group
EFD
name
AIUTO Daniela
procedure/dossier_of_the_committee
TRAN/8/00877
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Old
Preparatory phase in Parliament
New
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committees/1/shadows
  • group: EPP name: BACH Georges
  • group: Verts/ALE name: EICKHOUT Bas
committees/1/date
2014-09-03T00:00:00
committees/1/rapporteur
  • group: S&D name: AYALA SENDER Inés
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CELEX:52014PC0476:EN
activities
  • date: 2014-07-18T00:00:00 docs: type: Legislative proposal published title: COM(2014)0476 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim
committees
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
  • body: EP responsible: True committee_full: Transport and Tourism committee: TRAN
links
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
procedure
reference
2014/0218(COD)
subtype
Legislation
legal_basis
Treaty on the Functioning of the EU TFEU 091-p1
stage_reached
Preparatory phase in Parliament
summary
See also
instrument
Directive
title
Cross-border exchange of information on road safety related traffic offences
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject