Changes from report parliamentary committee draft to plenary report

Change 8

RemovedDirective(EU) 2015/413

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point p: (p) ‘dangerous overtaking not complying 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;

Directive (EU) 2015/413

Change 9

ChangedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point q:p: (q)(p) ‘dangerous parking inovertaking anthat unauthoriseddoes placenot posingcomply awith serioustraffic riskregulations’ tomeans otherovertaking roadanother users’vehicle meansor parkinganother theroad vehicleuser in a way that infringes the applicable rules on dangerous parkingovertaking in the Member State of the offence and has negative impact on road safety; failure to pay parking fees and other similar offences shall not be considered dangerous parking;offence;

Directive (EU) 2015/413

Change 10

ChangedArticle 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point tq: (q) ‘dangerous parking in an unauthorised place posing a (new):serious (trisk a)to ‘hit-and-run’other road users’ means aparking situationthe vehicle in whicha way that infringes the offenderapplicable drivesrules awayon afterdangerous causingparking anin accidentthe orMember trafficState collisionof inthe orderoffence toand avoidthat facinghas a negative impact on road safety, with the consequencesexception of thefailure offence;to pay parking fees and other similar offences;

Directive (EU) 2015/413

Change 11

AddedArticle 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;

AddedDirective (EU) 2015/413

AddedArticle 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;

AddedDirective (EU) 2015/413

AddedArticle 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;

AddedDirective (EU) 2015/413

AddedArticle 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;

AddedDirective (EU) 2015/413

Article 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.

Directive (EU) 2015/413

Change 12

AddedArticle 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.

AddedDirective (EU) 2015/413

AddedArticle 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.

AddedDirective (EU) 2015/413

AddedArticle 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.

AddedDirective (EU) 2015/413

Article 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;

Directive (EU) 2015/413

Change 13

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, without any undue delay. Requested Member States shall at least indicate which particular ground of refusal that they have decided to apply.

AddedArticle 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.

Directive (EU) 2015/413

Change 14

AddedArticle 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.

AddedDirective (EU) 2015/413

AddedArticle 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)

AddedDirective (EU) 2015/413

AddedArticle 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.

AddedDirective (EU) 2015/413

AddedArticle 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.

AddedDirective (EU) 2015/413

AddedArticle 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;

AddedDirective (EU) 2015/413

AddedArticle 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;

AddedDirective (EU) 2015/413

AddedArticle 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.’

AddedData 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.

AddedDirective (EU) 2015/413

AddedArticle 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.

AddedDirective (EU) 2015/413

AddedArticle 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;

AddedDirective (EU) 2015/413

AddedArticle 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;

AddedDirective (EU) 2015/413

AddedArticle 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

AddedDirective (EU) 2015/413

AddedArticle 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).

AddedDirective (EU) 2015/413

AddedArticle 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.

AddedDirective (EU) 2015/413

AddedArticle 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.’

AddedDirective (EU) 2015/413

Article 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.

Directive (EU) 2015/413

Change 15

AddedArticle 1 – paragraph 1 – point 7, Article 5a – paragraph 2: 2 Member States shall ensure that the information letter is sent no later than one month from the registration of a road-safety-related traffic offence listed in Article 2(1), counting from the day of the incident, or where more information letters need to be sent during the investigation, 15 days from the event that made sending the subsequent information letters necessary.