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Procedure completed



2014/0218(COD) Cross-border exchange of information on road safety related traffic offences
RoleCommitteeRapporteurShadows
Opinion LIBE
Lead TRAN AYALA SENDER Inés (S&D) BACH Georges (EPP), VAN DALEN Peter (ECR), BILBAO BARANDICA Izaskun (ALDE), KYLLÖNEN Merja (GUE/NGL), EICKHOUT Bas (Verts/ALE), AIUTO Daniela (EFD)
Lead committee dossier: TRAN/8/00877
Legal Basis TFEU 091-p1

Activites

  • 2015/03/13 Final act published in Official Journal
  • 2015/03/11 Final act signed
  • 2015/03/11 End of procedure in Parliament
  • #3371
  • 2015/03/02 Council Meeting
  • 2015/03/02 Act adopted by Council after Parliament's 1st reading
  • 2015/02/11 Decision by Parliament, 1st reading/single reading
    • T8-0029/2015 summary
  • 2015/02/10 Debate in Parliament
  • 2015/01/07 Committee report tabled for plenary, 1st reading/single reading
    • A8-0001/2015 summary
  • 2014/12/02 Vote in committee, 1st reading/single reading
  • #3335
  • 2014/10/08 Council Meeting
  • 2014/09/15 Committee referral announced in Parliament, 1st reading/single reading
  • 2014/07/18 Legislative proposal published
    • COM(2014)0476 summary
    • DG {'url': 'http://ec.europa.eu/dgs/transport/index_en.htm', 'title': 'Mobility and Transport'}, BULC Violeta

Documents

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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  • 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
activities/11/text
  • 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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  • 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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Treaty on the Functioning of the EU TFEU 091-p1
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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