Changes from adopted text to adopted text

Removed(22) Member States should ensure that adequate legal remedies against measures taken pursuant to this Directive are in place, equivalent to those available in similar domestic cases, and that information about such remedies is provided when those remedies become applicable, and in due time to ensure that they can be exercised effectively. However, it should be clarified that the driving disqualification notified in accordance with Article 4(1) can only be challenged in an action brought in the Member State of the offence.

Removed(23) The protection of natural persons in relation to the processing of their personal data is a fundamental right. In accordance with Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the Treaty, everyone has the right to the protection of personal data concerning them. The relevant Union legislation, namely Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council, should apply to the processing of personal data in the context of this Directive in accordance with their respective scope of application.

Removed(24) This Directive establishes the legal basis for the exchange of personal data for the purpose of giving effect to driving disqualifications imposed by a Member State, other than the Member State of issuance. This legal basis is in line with Article 6(1)(c) and, where applicable, Article 10 of Regulation 2016/679, and Article 8 of Directive 2016/680. The personal data to be exchanged with the Member State of issuance should be limited to what is necessary to comply with the obligations laid down in this Directive.

Removed(25) In order to ensure the seamless, reliable and effective exchange of information via RESPER, each Member State should designate a national contact point for the purposes of this Directive. They should further ensure that their respective national contact points cooperate with the relevant authorities involved in the enforcement of the driving disqualifications covered by this Directive, in particular to ensure that all necessary information is shared in due time. [Am. 7]

Removed(26) Member States should regularly collect comprehensive statistics on the application of this Directive, and send them to the Commission each year. On the basis of this and other information, the Commission should evaluate the impact of the implementation of this Directive on road safety and submit a report on the results of that evaluation to the European Parliament and to the Council every five years, together, where appropriate, with legislative proposals for its amendment.

Removed(26a) During the preparations for the review of this Directive, the Commission should take into consideration to the fullest extent that Member States face different geographical and societal challenges when aiming to improve road safety. Indeed, while some Member States are successfully aiming to enforce road traffic rules through the so-called demerit point systems, others are choosing different methods, such as imposing stricter sanctions immediately or putting more effort into targeted enforcement and prevention campaigns. Moreover, account should also be taken of the fact that demerit point systems themselves can be significantly different between the Member States that choose to apply them. As such, resources and attention should be directed to other measures, which can increase road safety, while also letting Member States address the diverse challenges that they face in such ways as they believe to be the most efficient. [Am. 51]

Removed(27) This Directive should not affect the rights and obligations stemming from other applicable Union legislation, in particular Council Framework Decision 2008/947/JHA and Council Framework Decision 2005/214/JHA, or 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.

Removed(28) Member States should be able to conclude bilateral or multilateral agreements or arrangements with other Member States, in order to supplement and facilitate the system established by this Directive. They should only do so, however, in so far as such agreements or arrangements allow the provisions of this Directive to be extended or enlarged and help simplify or facilitate further the procedures for granting Union-wide effect to driving disqualifications, and therefore insofar as they allow for a higher level of road safety.

Removed(29) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to establish the format and content of the standard certificate for notifying a driving disqualification. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Removed(30) Since the objectives of this Directive, namely to ensure the Union-wide effect of decisions imposing driving disqualifications which result from major road-safety-related traffic offences, with the goal to improve the levels of road safety across the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of this Directive, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Removed(31) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [DD/MM/YYYY],

RemovedHAVE ADOPTED THIS DIRECTIVE:

RemovedArticle 1 Objective and subject-matter

RemovedThis Directive aims to ensure a high level of protection for all road users in the Union. For this purpose, it lays down rules providing for a Union-wide effect of driving disqualifications for major road-safety-related traffic offences committed in a Member State other than the one that issued the driving licence of the person concerned.

RemovedArticle 2 Definitions

RemovedFor the purposes of this Directive, the following definitions apply:

Removed(1) ‘driving disqualification’ means any decision related to the commission of a major road-safety-related traffic offence, which results in the withdrawal, restriction or suspension of the driving licence or the right to drive of a driver of a power-driven vehicle, which is no longer subject to a right of appeal, irrespective of whether it constitutes a primary, secondary or supplementary penalty or a safety measure and irrespective of whether it is qualified as an administrative or criminal measure;

Removed(2) ‘withdrawal’ means the revocation of the driving licence or the right to drive or of their recognition;

Removed(3) ‘suspension’ means the temporary limitation of the validity of the driving licenselicence or of the right to drive or of their recognition, for a fixed amount of timeperiod, or for both a combination of a fixed amount of timeperiod and the fulfilment of additional conditions; [Am. 9]

Removed(4) ‘restriction’ means the partial limitation of the validity of the driving license or of the right to drive or of their recognition, either for a fixed period of time, or subject to the fulfillment of additional conditions, or pursuant to a combination of both;

Removed(5) ‘additional conditions’ means conditions other than the lapse of a fixed period of time that a person concerned by a driving disqualification must comply with in order to recover his or her right to drive or driving licence;

Removed(6) ‘Member State of the offence’ means the Member State inwithin the territory of which the road traffic offence that has given rise to a driving disqualification was committed and in which that driving disqualification was delivered; [Am. 10]

Removed(7) ‘Member State of issuance’ means the Member State that issued the driving licence of the person concerned, and to which a driving disqualification is transmitted in accordance with the provisions of this Directive;

Removed(8) ‘power-driven vehicle’ means a power-driven vehicle as defined in Article 2, point (4) of [NEW DIRECTIVE ON DRIVING LICENCES];

Removed(9) ‘driving licence’ means a driving licence as defined in Article 2, point (1) of [NEW DIRECTIVE ON DRIVING LICENCES];

Removed(10) ‘liable person concerned’ means the natural person against whom a driving disqualification is issued; [Am. 11]

Removed(11) ‘major road-safety-related traffic offence’ means:

Removed(a) drink-driving as defined in Article 3, point (g), of Directive (EU) 2015/413 of the European Parliament and of the Council;

Removed(b) speeding as defined in Article 3, point (d), of Directive (EU) 2015/413;

Removed(c) driving under the influence of drugs as defined in Article 3, point (h), of Directive (EU) 2015/413;

Removed(d) a conduct which infringes road traffic regulations, and which caused death or serious bodily injury;

Removed(da) driving without a valid driving licence as outlined in Directive 2006/126/EC; [Am. 12]

Removed(12) ‘normal residence’ means normal residence in accordance with Article 17 of [NEW DIRECTIVE ON DRIVING LICENCES].

RemovedArticle 3 Union-wide effect of driving disqualifications

RemovedMember States shall ensure that a driving disqualification issued by a Member State with respect to a person who does or does not normally residenot have its normal residence in that Member State or another Member State and who either holds a driving licence issued by another Member State or does not hold a driving licence shall have effect across the entire territory of the Union in accordance with this Directive. [Am. 13]

RemovedArticle 4 Duty to notify a driving disqualification

Removed1. The Member State of the offence shall notify the Member State of issuance of anyno later than ten working days following any decision imposing a driving disqualification imposed for a duration of one month or more on a person who does not have its normal residence in the Member State of the offence and who holds a driving licence issued by the Member State of issuance. The Member State of the offence shall also notify the person concerned if he or she is not normally resident in the Member State of issuance. [Am. 14]

Removed2. The notification referred to in paragraph 1 shall be made by means of a standard certificate as provided for in Article 5 and in accordance with the procedure set out in paragraph 3.

Removed3. The national contact point of the Member State of the offence shall complete, sign and transmit the certificate directly to the national contact point of the Member State of issuance, which shall forward it to the authority competent for ensuring the Union-wide effect of the driving disqualification. The driving licence of the person concerned, whenin the event that it has been seized, and the original decision imposing the driving disqualification or a certified copy thereof shall also be forwarded to the national contact point of the Member State of issuance by the national contact point of the Member State of the offence. There shall be no obligation for the Member State of the offence to translate the original decision or its certified copy. [Am. 15]

RemovedArticle 5 Standard certificate and means of transmission

Removed1. Before ... [the date of transposition set out in Article 19], the Commission shall, by way of an implementing act, establish the format and content of the standard certificate for the notification of a driving disqualification. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 17(2).

Removed2. The certificate shall contain the following information:

Removed(a) information about the authority that imposed the driving disqualification in the Member State of the offence;

Removed(b) the description of the major road-safety-related traffic offence, of and the facts and of the causes leading to the imposition of the driving disqualification; [Am. 16]

Removed(c) the name and address of the person concerned, and the number of thehis or her driving licence, and if necessary, of the and national identification documents, whilst other personal information linked to of the person concerned, where available's national identity document is to remain confidential; [Am. 17]

Removed(d) the applicable legal provisions of the Member State of the offence;

Removed(e) the procedures followed and the precise scope and content of the driving disqualification, including, if applicable, the date on which the suspension or the restriction ceases to have effect, and any additional conditions set by the Member States of the offence;

Removed(f) the period (in days) of the driving disqualification imposed by the Member State of the offence, which has already been served in that Member State, where applicable.

Removed(fa) the right to appeal the decision before the judiciary in accordance with the national legislation of the Member State of the offence. [Am. 18]

Removed3. The Member State of the offence shall provide the Member State of issuance with a translation of the certificate in an official language of the Member State of issuance or in any other language that the Member State of issuance has accepted in accordance with paragraph 4.

Removed4. Any Member State may, at any time, state in a declaration notified to the Commission that it will accept translations of certificates in one or more official languages of the Union other than the official language or languages of that Member State. Such declaration can be withdrawn at any time. The Commission shall make the declarations and any withdrawals thereof available to all Member States.

Removed5. The national contact point of the Member State of the offence shall transmit the certificate to the national contact point of the Member State of issuance through the EU driving licence network referred to in Article 19(1) of [NEW DIRECTIVE ON DRIVING LICENCES] (‘RESPER’).

Removed5a. The national contact points of the Member State of the offence and the Member State of issuance shall also use RESPER for the exchange of the information to be provided in accordance with Articles 8, 9, 10, 11, 12, 14 and 15. The Commission shall ensure that RESPER is equipped with the necessary resources to fulfil this task. [Am. 19]

RemovedArticle 6 Ensuring the Union-wide effect of driving disqualifications

Removed1. Upon the notification of a driving disqualification in accordance with Article 4(1) and unless a ground for exemption laid down in Article 8 applies, the Member State of issuance shall take the appropriate measures to ensure that the driving disqualification has Union-wide effect.

Removed2. Where the driving disqualification consistsresults in a withdrawal, the measures taken by the Member State of issuance shall comply withbe the following conditions: [Am. 20]

Removed(a) the Member State of issuance shall withdraw the driving licence or the right to drive of the person concerned;

Removed(b) the person concerned may recover the driving licence or the right to drive in accordance with the national rules of the Member State of issuance; [Am. 21]

Removed(c) the Member State of issuance shall take into account as far as possible any part of the additional conditions with which the person concerned shall comply in order to recover the right to drive that have been already fulfilled in the Member State of the offence.

Removed(ca) in the event that the 'country of normal residence', as defined in Article 12 of Directive 2006/126/EC differs from the country of issuance, the exchange of the driver's driving licence shall be facilitated. [Am. 22]