Changes from report parliamentary committee draft to plenary report

AddedDirective (EU) 2015/413

Article 1 – paragraph 1 – point 7, Article 5a – paragraph 3 – point b: (b) the procedural rules under the national law of the Member State of the offence require proof of service of the document, other than proof that can be obtained by registered delivery, registered mail or by equivalent electronic means;

Directive (EU) 2015/413

Change 16

ChangedArticle 1 – paragraph 1 – point 7, Article 5a – paragraph 3 – point c/Article2>:c: (c) it has not been possible to serve the document by registered delivery, registered mail or by equivalent electronic means;

Directive (EU) 2015/413

Article 1 – paragraph 1 – point 7, Article 5a – paragraph 3 – point d: (d) the Member State of the offence has justified reasons for considering that the service of the document by registered delivery, registered mail or by equivalent electronic means in that particular case will be ineffective or is inappropriate.

Directive (EU) 2015/413

Change 17

RemovedArticle 1 – paragraph 1 – point 8, Article 6 – paragraph 1: At the latest on 6 May 2024, and every two years thereafter, each Member State shall send a comprehensive report to the Commission in accordance with the second and third subparagraph of this paragraph.

AddedArticle 1 – paragraph 1 – point 7, Article 5a – paragraph 7: 7. The request referred to in paragraph 4 shall be communicated in the language or one of the languages of the Member State of registration or Member State of residence notified to the Commission in accordance with paragraph 8. The certificate referred to in paragraph 6 shall be communicated in the language of the Member State of the offence notified of the Commission in accordance with paragraph 8. With a view to reducing the administrative burden and simplifying the procedure, the Commission may, for both documents referred to in the present paragraph, introduce uniform templates, which may also involve the use of codes once these are deemed to be sufficiently well-developed, provided that the content and format of the request and certificate remain sufficiently 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 7, Article 5a – paragraph 9: 9. Member States shall ensure that the presumed liable persons are allowed to communicate with the authorities of the Member State of the offence, until the stage of appeal before a court, in any of the languages communicated by either the Member State of registration or the Member State of residence, or by the Member State of the offence to the Commission in accordance with paragraph 8, or, if the concerned person has insufficient knowledge of those languages, in a Union language that the person speaks or understands. Member States are encouraged to permit persons who are presumed to be liable to connect remotely to court proceedings by video link.

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 7, Article 5b – paragraph 1 a (new): Member States shall ensure that such a private entity enforcing financial penalties acts in accordance with data protection requirements, pursuant to Regulation (EU) 2016/679 and Directive (EU) 2016/680.

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 8, Article 6 – paragraph 1 – subparagraph 1: 1 At the latest on 6 May 2024, and every two years thereafter, each Member State shall send a comprehensive report to the Commission in accordance with the second and third subparagraph of this paragraph. (...)

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 8, Article 6 – paragraph 3 – subparagraph 2 – introductory part: The report shall also include a description of the situation at national level in relation to the follow-up given to the road-safety-related traffic offences and any related problems encountered by Member States. The description shall at least specify: (...)

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 8, Article 6 – paragraph 4: 4. The Commission shall assess the reports sent by the Member States and inform the Committee referred to in Article 10a on their content no later than 6 months after receiving the reports from all the Member States. Those reports shall also be published on the website of the portal referred to in Article 8.

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 8, Article 8 – paragraph 1 – point a: (a) sharing information with road users on the rules in force in Member States in the field covered by this Directive, in particular road-safety-related traffic rules and how drivers can comply with them, appeal procedures, applied sanctions, and the schemes and available means for the payment of financial penalties;

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 8, Article 8 – paragraph 3: 3. Member States shall help road users in verifying the authenticity of the information letters and follow-up documents. For this purpose, Member States shall share with each other and with the Commission through the CBE Portal the templates of information letters and follow-up documents issued by their authorities, which are used in cross-border cases. Member States shall also inform each other on the authorities and empowered legal entities that have the right to issue those letters and documents. The Commission and Member States shall be the joint controllers of the CBE Portal, in accordance with Regulation 2018/1725**.

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 8, Article 8 – paragraph 5: 5. Member States shall provide up-to-date information to each other and to the Commission, for the purposes of this Article, and interact with road users through the CBE Portal on a regular basis. Member States shall ensure that a link to the online portal is provided on the websites of their national contact points. Any personal data processes under this Article shall be retained for a maximum of four years.

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 9, Article 8a: The Commission shall provide financial support to initiatives that contribute to cross-border cooperation in the enforcement of road-safety-related traffic rules in the Union, in particular the exchange of best practices, the application of smart enforcement methodologies and techniques in the Member States increasing the capacity building of enforcement authorities and awareness raising campaigns regarding cross-border enforcement actions. The exchange of best practices should be based on the publishing of new and revised Commission's Recommendation 2004/345 on enforcement and sanctions in the field of road safety. These new and revised recommendations should encourage Member States to achieve high standards on enforcement. / The Commission and Member States shall also support Member States in digitising the data covered in Annex III of Directive 2010/40/EU that are relevant for the offences set out in Article 2(1).

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 9 a (new), Article 8 a a (new): (9a) the following article is inserted: / ‘Article 8aa / Enforcement / Revenues generated from financial penalties for road safety-related traffic offences, or the equivalent in the financial value of those revenues, shall be used to increase road safety. / Where such revenues are allocated to the general budget of a Member State, a Member State shall be deemed to have complied with the first subparagraph of this paragraph if it implements financial support policies to increase road safety which have a value equivalent to the revenues generated from financial penalties to road-safety-related traffic offences defined in Article 3 of this Directive. / By [6 May 2026], and every [three] years thereafter, Member States shall make public in aggregate form a report on the use of revenues generated from financial penalties.

AddedDirective (EU) 2015/413

AddedArticle 1 – paragraph 1 – point 9 b (new), Article 8 ab (new): (9b) the following article is inserted: / ‘Article 8ab / Exchange of information on traffic offences with neighbouring third countries / By no later than [two years after the entry into force of this Directive], the Commission shall analyse in the light of a legal opinion how to effectively enforce the offences defined by this Directive under European Convention on the Mutual Assistance in Criminal Matters of 1959 and its protocols (MLA) identifying effective and efficient measures to improve road safety and at the same time safeguarding data protection requirements, in particular of the Union vehicle holders and drivers; / With the view to addressing road-safety-related traffic offences committed by third-country nationals, it shall be possible for third countries to participate in the exchange of Vehicle Registration Data (VRD), provided that they have concluded an agreement with the Union to this effect. Such an agreement shall include necessary provisions for data protection. / In case of a long waiting time for the conclusion of such an agreement, Member States, in cooperation with the Commission, shall develop a dedicated solution to detect presumed traffic offenders on the spot while they try to cross external borders of the Union in order to charge a financial penalty for the road-safety-related traffic offence that took place on its territory.

AddedDirective (EU) 2015/413