Changes from plenary report to adopted text

RemovedArticle 1 – paragraph 1 – point 2 – point a, Article 3 – paragraph 1 – point j: (j) ‘use of a forbidden lane’ means illegally using part of an already existing permanent or temporary road section, such as a public transport lane, footpath or cycle lane or a lane which is temporarily closed for reasons of congestion or road works, as defined in the law of the Member State of the offence’;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 2 – point b, Article 3 – paragraph 1 – point l: (l) ‘national contact points’ means competent authorities through which information is exchanged between Member State of offence and Member State of registration;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point o: (o) ‘not keeping the required distance from the vehicle in front’ means not maintaining the safe distance necessary to avoid collision with the vehicle in front of the vehicle driven by the driver, if the preceding vehicle were to suddenly slow down or stop, as defined in the law of the Member State of the offence;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point p: (p) ‘dangerous overtaking that does not comply with traffic regulations’ means overtaking another vehicle or another road user in a way that infringes the applicable rules on dangerous overtaking in the Member State of the offence;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point q: (q) ‘dangerous parking in an unauthorised place posing a serious risk to other road users’ means parking the vehicle in a way that infringes the applicable rules on dangerous parking in the Member State of the offence and that has a negative impact on road safety, with the exception of failure to pay parking fees and other similar offences;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point r: (r) ‘crossing one or more solid lines’ means changing lanes with the vehicle through unlawfully crossing at least one solid line, as defined in the law of the Member State of the offence;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point t a (new): (ta) ‘hit-and-run’ means a situation in which the offender drives away after causing an accident or traffic collision in order to avoid facing the criminal consequences of the offence associated with serious injuries and fatalities;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point z a (new): (za) ‘debt collection service provider’ is a private entity with separate legal personality which administers the follow-up proceedings initiated under Article 5(1) of this Directive, or a part thereof, 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;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point z b (new): (zb) ‘competent authority’ is an authority designated for the purposes of this Directive;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 1: 1. For the purposes of the exchange of information and the provision of mutual assistance under this Directive, each Member State shall designate a national contact point. The powers of the national contact points shall be governed by the applicable law of the Member State concerned.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 1 – subparagraph 1 – point b: (b) data relating to owners, or holders of vehicles or, where applicable and available, data identifying the end users thereof.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 1 – subparagraph 3 a (new): A competent authority may first request access to the data relating to vehicles, as detailed in Section 2, Part 1 of the Annex in order to determine if an offence has been committed. Where, on the basis of such data, it is established that an offence was committed, the competent authority shall request access to the data concerning the owner, holder or end user of the vehicles, as detailed in Section 2, Parts II, III, IV or V of the Annex.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 3: 3. Member States shall retain the data elements referred to in Section 2, Part IV and, when available, Section 2, Part V of the Annex, in the national vehicle registers for at least 6 months after any modification of the ownership or use of the vehicle in question, and for no longer than 4 years.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 4 – subparagraph 1 – point b: (b) the vehicle’s full registration number is not provided in the search conducted in the form of an outgoing request under paragraph 1 or is provided but is invalid;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 5, Article 4a – paragraph 3 – subparagraph 2 – point b: (b) to ask the owner, holder or end user of the vehicle, or any person presumed to be liable for one of the road-safety-related traffic offences listed in Article 2(1) to provide information on the identity and contact information of the liable person, in accordance with its national law.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 5, Article 4a – paragraph 4 – subparagraph 1: Where the Member State of registration or the Member State of residence receives a request referred to in paragraph 3, it shall gather the requested information, unless it decides to invoke one of the grounds for refusal listed in paragraph 7 or it is not possible to gather the requested information. The Member State of registration or Member State of residence shall transmit the requested information electronically within a period not exceeding 30 working days via its national contact point to the national contact point of the Member State of the offence.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 5, Article 4a – paragraph 5 – subparagraph 1 and 2: Member States shall ensure that they provide the requested information without any undue delay from the receipt of the request, within a period not exceeding 30 working days. Where it is not possible to gather the information, within a period not exceeding 30 working days from the receipt of the request, the national contact points of the Member State of registration or the Member State of residence shall transmit that information to the Member State of the offence as soon as possible and may not exceed 20 working days from the date of the notification of those reasons, with an adequate explanation of the reasons for the delay. / (deleted)

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 5, Article 4a – paragraph 7 – subparagraph 2: Member States shall decide as soon as possible, but at the latest within 15 days after receiving the request, whether they invoke a ground for refusal. Member States which decide to apply a ground for refusal shall inform the Member State of the offence thereof via its national contact point no later than 15 working days after a decision to refuse the request. Requested Member States shall as a minimum indicate which specific ground for refusal they have decided to apply.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 5, Article 4a – paragraph 10 – subparagraph 2: The information provided in response to the request shall be communicated in the language or languages of the Member State of the offence notified to the Commission in accordance with Article 5a(8). In addition, and with a view to reducing the administrative burden and to simplifying the procedure, the Commission may introduce uniform templates, which may also include codes once these are deemed to be sufficiently well-developed, provided that the content and format of the request and response remain sufficently clear for the addressees and authorities to clearly and easily understand them. If the Commission chooses to do so, the Commission is empowered to adopt delegated acts in accordance with Article 10 in order to introduce these templates and codes.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 5, Article 4a – paragraph 11 – point a a (new): (aa) name of the competent authority which is making the request and why;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 5, Article 4a – paragraph 11 – point a b (new): (ab) offence or offences listed in Article 2(1) which the request relates to;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 5, Article 4c – paragraph 1: ‘Member States may exchange or access data by using other databases such as driving licence registers or population registers for the sole purpose of the identification of the liable person. They shall do so only in so far as such exchange or access is allowed based on Union legislation. The exchange or access of data shall be facilitated by automated and electronic means.’

RemovedData should be exchanged and accessed by automated and electronic means in order not to create additional administrative burden for authorities and make the exchange as simple as possible.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 6, 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 set out in Article 5a, paragraph 2.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 6, Article 5 – paragraph 2 – point g: (g) where applicable, detailed information on the name, address and International Bank Account Number (IBAN) of the authority where an imposed financial penalty can be settled, on the deadline for the payment and on viable alternative and accessible payment methods, in particular specific software applications, as long as those methods are accessible to both residents and non-residents;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 6, Article 5 – paragraph 2 – point h: (h) clear and comprehensive information on the applicable data protection rules, the rights of the data subjects and the availability of further information and reference to the place where this information may be easily retrieved pursuant to Article 13 of Directive (EU) 2016/680 of the European Parliament and of the Council, including information from which source the personal data originate, or Article 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council;

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 6, Article 5 – paragraph 2 – point j a (new): (ja) a link and, if possible, a QR code to the portal referred to in Article 8

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 6, Article 5 – paragraph 3: 3. By way of derogation from paragraph 2, Member States shall ensure that in the case where the liable person is a non-resident driver who was checked on the spot in a road control, the information letter contains at least the data listed in paragraph 2, points (c), (d), (e), (g) and (i).

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 6, Article 5 – paragraph 3 a (new): 3a. Member States shall ensure that in cases where the liable person is a non-resident driver who was checked on the spot in the course of a road control and where the enforcement of the committed offence was finalised by the competent authority by the imposition of the financial penalty paid by the liable person on the spot, this person shall receive at least the following information: / (a) a receipt for the financial transaction; / (b) the contact information of the competent authority; / (c) information on the offences committed and, if relevant, how to ensure compliance in future; / (d) a link and, if possible, a QR code to the portal referred to in Article 8.

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 6, Article 5 – paragraph 5: 5. Member States shall ensure that the start of the time limits for non-residents to exercise their rights of appeal or to mitigate sanctions, in accordance with paragraph 2, points (e) and (i) points (e) and (i), are proportionate to ensure the effective exercise of such rights and correspond to the date of the receipt of the information letter.’

RemovedDirective (EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 7, Article 5a – paragraph 1: 1. Member States shall send the information letter and the follow-up documents to the presumed liable persons by registered delivery, registered mail 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.