Changes from plenary report to adopted text

Added(c) under the law of the Member State of issuance, the person concerned cannot, due to his or her age, be held liable for the major road-safety-related traffic offence in respect of which the driving disqualification was issued.

Added3. Whenever the Member State of issuance intends to apply in a specific case a ground for exemption pursuant to paragraph 1 or 2, it shall inform without delayno later than ten working days following a decision to apply an exemption, the Member State of the offence and, where applicable, request any necessary information for the purpose of examining whether a ground for exemption referred to therein applies. The Member State of the offence shall provide the requested information without delayno later than ten working days following the request and may provide any additional information or comment it deems relevant. [Am. 30]

AddedInformation provided under this paragraph shall not include personal data other than those strictly necessary for the application of paragraphs 1 and 2 and shall be used for the sole purpose of applying those paragraphs.

AddedArticle 9 Time-limits

Added1. The Member State of issuance shall take the measures referred to in Article 6 (1)6(1) or adopt the decision that a ground of exemption pursuant to Article 8 applies without delay and, without prejudice to paragraph 3, no later than 15 working days after it received the certificate in accordance with Article 5(1). [Am. 31]

Added2. The national contact point of the Member State of issuance shall communicate without delayno later than ten working days following the adoption of the measures taken under Article 6(1) or the decision that a ground of exemption applies pursuant to Article 8 to the national contact point of the Member State of the offence through RESPER. [Am. 32]

Added3. Where it is not possible, in a specific case, to meet the time-limit set out in paragraph 1, the national contact point of the Member State of issuance shall inform via RESPER the national contact point of the Member State of the offence without delay by any meansno later than ten working days following the expiry of that time-limit, giving the reasons for which it was not possible to meet that time-limit.

AddedThe expiry of the time-limit set in paragraph 1 shall not relieve the Member State of issuance of its obligation to take the measures referred to in Article 6(1) without delay. [Am. 33]

AddedArticle 10 Consultations between the Member States

AddedWhere necessary, Member States shall consult each other in a timely manner, in order, via appropriate means and without delay, to ensure the effective application of this Directive. [Am. 34]

AddedArticle 11 Information to be given by the Member State of issuance

AddedThe national contact point of the Member State of issuance shall without delay inform the national contact point of the Member State of the offence no later than ten working days following the adoption: [Am. 35]

Added(a) of the reception of the notification of the driving disqualification, in accordance with Article 4(1);

Added(b) of the measures taken under Article 6, once they have become legally binding;

Added(c) of any decision that a ground of exemption pursuant to Article 8 applies together with the reasons for the decision;

Added(d) of any measure suspending or terminating the Union-wide effect of the driving disqualification and the underlying reasons, including on account of the successful challenge by the person concerned.

AddedArticle 12 Information to be given by the Member State of the offence

AddedThe national contact point of the Member State of the offence shall without delay inform the national contact point of the Member State of issuance, no later than ten working days following the adoption: [Am. 36]

Added(a) any circumstance that affects the decision that imposed the driving disqualification, including any relevant information with regard to any fulfilment that has already taken place in the Member State of the offence of any additional conditions imposed in relation to a driving disqualification; [Am. 37]

Added(b) of the execution of the driving disqualification in the Member State of the offence.

AddedArticle 13 Obligation to inform the person concerned

Added1. Following both the reception of the notification under Article 4(1) and the adoption of measures under Article 6(1), respectively, the Member State of issuance shall inform the person concerned without delayno later than seven working days following the reception of the notification under Article 4(1) or the adoption of measures under Article 6(1), in accordance with procedures under its national law. [Am. 38]

Added2. The information to be provided in accordance with paragraph 1 shall at least specify:

Added(a) when the information is given following the reception of the notification under Article 4(1):

Added(i) the name, postal address, phone number, internet presence and e-mail contact of the authorities competent for the enforcement of the driving disqualification of both the Member State of issuance and the Member State of the offence; and [Am. 39]

Added(ii) legal remedies available under the law of the Member State of issuance, including the right to be heard;

Added(b) when the information is given following the adoption of measures taken under Article 6(1):

Added(i) the details of the measures taken by the Member State of issuance;

Added(ii) legal remedies available under the law of the Member State of issuance to challenge the measures taken.

AddedArticle 14 Legal remedies

Added1. Member States shall ensure adequate legal remedies against decisions or measures taken pursuant to this Directive, equivalent to those available in similar domestic cases. They shall take the appropriate measures to ensure that information about such remedies is provided in due time to ensure that they can be exercised effectively.

Added2. A driving disqualification notified under Article 4(1) may be challenged only in an action brought in the Member State of the offence.

Added3. The Member State of the offence and the Member State of issuance shall inform each other about the legal remedies sought against decisions or measures taken pursuant to this Directive.

AddedArticle 15 National contact points

Added1. By ... [date of transposition of this Directive], each Member State shall designate a national contact point for the purposes of this Directive.

Added2. Member States shall ensure that their respective national contact points cooperate with the authorities competent for the enforcement of the driving disqualifications imposed for the commission of major road-safety-related traffic offences, in particular in order to ensure that all necessary information is shared in due time, and that the time-limits laid down in Article 9this Directive are complied with. [Am. 40]

Added3. Member States shall inform the Commission of the national contact points designated for the purposes of this Directive. The Commission shall make the information received under this Article available to all Member States via RESPER, and on the CBE Portal once it becomes operational. Until then, the Commission shall make the information available on its website. [Am. 41]

AddedArticle 16 Statistics

AddedMember States shall regularly collect comprehensive statistics on the application of this Directive and shall send them to the Commission each year. Those statistics shall include:

Added(a) the number of notifications made under Article 4(1), separated by Member State addressed;

Added(aa) the number of notifications sent to the persons concerned; [Am. 42]

Added(b) the number of times a ground for exemption was invoked, including the grounds for exemption applied, separated by notifying Member State;

Added(c) the time needed to transmit information on thefor each decision taken on a ground of exemption; [Am. 43]

Added(ca) the number of times a delay had to be justified; [Am. 44]

Added(d) the number of legal remedies that have been lodged against measures taken under Article 6(1).

AddedBy ... [one year after the date of entry into force of this Directive] Member States shall communicate up-to-date information to the Commission on the rules in force concerning the penalties applicable in their legal system for major road-safety-related traffic offences. Member States shall inform the Commission within three months of any major change to those penalties by providing an update to the information that they previously transmitted. By ... [18 months after the date of entry into force of this Directive], the Commission shall publish an overview of the information received under this paragraph on the Portal for cross-border exchange of information on road-safety-related traffic offences ('CBE Portal') established in accordance with Article 8 of Directive (EU) 2015/413 in all of the official languages of the European Union. In the event of a major change of the system in place in a Member State, the Commission shall update the overview within three months of receiving the information. [Am. 45]

AddedArticle 17 Committee procedure

Added1. The Commission shall be assisted by the committee on driving licences established by Article 22 of [NEW DIRECTIVE ON DRIVING LICENCES]. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

AddedWhere the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

AddedWhere the committee delivers no opinion, the Commission shall not adopt the implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

AddedArticle 18 Relationship with other legal acts

Added1. This Directive shall not affect the rights and obligations stemming from the following legal acts:

Added(a) Council Framework Decision 2008/947/JHA;

Added(b) Council Framework Decision 2005/214/JHA;

Added(c) the rights of suspects and accused persons as provided for in Directive 2010/64/EU, Directive 2012/13/EU, Directive 2013/48/EU, Directive (EU) 2016/343, Directive (EU) 2016/800 and Directive (EU) 2016/1919 of the European Parliament and of the Council.

Added2. Member States may conclude bilateral or multilateral agreements or arrangements with other Member States after [DD/MM/YYYY], in so far as such agreements or arrangements allow the provisions of this Directive to be extended and help to simplify or facilitate further the procedures for the enforcement of driving disqualifications imposed for the commission of offences in a Member State other than the one that issued the driving licence of the person concerned.

AddedArticle 19 Transposition

Added1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... [DD/MM/YYYYone year after the date of entry into force of this Directive]. They shall forthwith communicate to the Commission the text of those provisions. [Am. 46]

AddedWhen Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.