Changes from report parliamentary committee draft to plenary report

AddedRecital 20: (20) The proper implementation of this Directive presupposes close, swift and effective communication between the competent national authorities involved. The competent national authorities of the Member States should therefore consult each other whenever necessary. Moreover, in specific well-defined cases, both the Member State of issuance and Member State of offence should provide each other with important information in relation to the application of this Directive no later than ten working days following a decision on the adoption of measures granting a Union-wide effect to driving disqualifications or a decision taken on grounds of exemption, the completion of the driving disqualifications and for any circumstances affecting the originally imposed driving disqualifications.

AddedRecital 21: (21) After being notified of a driving disqualification and granting it Union-wide effects, the Member State of issuance should inform the person concerned no later than seven working days following that notification, in order to allow the exercise of fundamental rights such as the right to be heard and to challenge the decisions before the competent national courts and tribunals.

AddedRecital 25: (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.

AddedRecital 26 a (new): (26 a) Within the scope of its review, the Commission should also include in its report on the implementation of this Directive an assessment of the possibility of creating a similar legal framework for demerit point systems, including the exchange of information on penalty points and transferring or duplicating point additions or subtractions between the Member State of the offence and the Member State of issuance.

AddedArticle 2 – paragraph 1 – point 3: (3) ‘suspension’ means the temporary limitation of the validity of the driving licence or of the right to drive or of their recognition, for a fixed period, or for both a combination of a fixed period and the fulfilment of additional conditions;

AddedArticle 2 – paragraph 1 – point 6: (6) ‘Member State of the offence’ means the Member State within 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;

AddedDefinition aligned to the one used in the Convention 98/C 216/01 on Driving Disqualifications, OJ C 216 of 10.07.1998

AddedArticle 2 – paragraph 1 – point 10: (10) ‘liable person’ means the natural person against whom a driving disqualification is issued;

AddedAlignment with CBE Directive

AddedArticle 2 – paragraph 1 – point 11- subpoint da (new): (da) driving without a valid driving licence as outlined in Directive 2006/126/EC;

AddedArticle 3 – paragraph 1: Member States shall ensure that a driving disqualification issued by a Member State with respect to a person who does or does not normally reside 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.

AddedThe draft directive does not take into account the fact that driving disqualifications may also be imposed on persons who do not hold a driving licence, and that its scope should therefore also extend to such persons, who pose a serious risk to road safety.

AddedArticle 4 – paragraph 1: 1. The Member State of the offence shall notify the Member State of issuance no later than ten working days following any decision imposing a driving disqualification 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.

AddedArticle 4 – paragraph 3: 3. 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, in 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.

AddedAmendment intended to clarify that not all disqualifications result in the license being physically seized from the offender

AddedArticle 5 – paragraph 2 – point b: (b) the description of the major road-safety-related traffic offence, of the facts and of the causes leading to the imposition of the driving disqualification;

AddedArticle 5 – paragraph 2 – point c: (c) the name and address of the person concerned and the number of his or her driving licence and national identification documents, whilst other personal information linked to the person's national identity document is to remain confidential;

AddedArticle 5 – paragraph 2 – point f a (new): (fa) the right to appeal the decision before the judiciary in accordance with the national legislation of the Member State of the offence.

AddedArticle 5 – paragraph 5 a (new): 5 a. 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.

AddedArticle 6 – paragraph 2 – introductory part: 2. Where the driving disqualification results in a withdrawal, the measures taken by the Member State of issuance shall be the following:

AddedThese points a)-c) are not really conditions

AddedArticle 6 – paragraph 2 – point b: deleted

AddedThis point should come as a new subparagraph as it does not fit in the list of measures to be taken by the Member state of issuance

AddedArticle 6 – paragraph 2 – point c a (new): (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.

AddedIntra-EU mobility is becoming more frequent, leading to the situation that a country of residence may not always be the country of issuance of a license. An exchange of a person’s drivers license should thus be facilitated to ensure faster and more seamless recovery in case of a withdrawal.

AddedArticle 6 – paragraph 2 – subparagraph 1 (new): 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.

AddedArticle 6 – paragraph 3 – introductory part: 3. Where the driving disqualification results in a suspension or a restriction, the measures taken by the Member State of issuance shall be the following:

AddedArticle 6 – paragraph 3 – point b: (b) where the suspension or the restriction imposed and notified by the Member State of the offence is subject both to the lapse of a fixed period and the fulfilment of additional conditions, the Member State of issuance shall take into account only the fixed period;

AddedArticle 6 – paragraph 3 a (new): 3 a. The Member State of issuance shall aim to ensure that, within the existing legal limits of national rules, the measures taken pursuant to paragraphs 2 and 3 with regard to driving disqualifications are aligned to the greatest extent possible with the corresponding measures imposed by the Member State of the offence.

AddedArticle 7 – paragraph 3: 3. However, additional conditions attached to a driving disqualification notified in accordance with Article 4(1) shall be deemed to be fulfilled by the Member State of the offence where the Member State of issuance has positively assessed that the person concerned has fulfilled the conditions applicable in the Member State of issuance for recovering the right to drive or the driving licence or to be able to apply for a new one. In such case, the Member State of the offence shall be bound by the positive assessment of the Member State of issuance and its effects. The Member State of the offence shall therefore no longer apply the additional conditions. However, the Member State of the offence may continue to apply the driving disqualification on its territory until the end of its duration.

AddedClarification to ensure that in withdrawal cases where the Member State of issuance has imposed also some additional conditions and these have eventually been assessed as fulfilled, the Member State of the offence can only continue to apply the disqualification for the originally set duration but not to require the fulfilment of the additional conditions

AddedArticle 8 – paragraph 1 – point d: deleted

AddedArticle 8 – paragraph 2 – point b: (b) the driving disqualification was imposed only on grounds of speeding and the speed limits in force in the Member State of the offence, provided that the speed limit on the road where the speeding took place was clearly demarcated, were exceeded in the case of residential area roads, by less than 30km/h and in the case of non-residential area roads, by less than 50 km/h;

AddedArticle 8 – paragraph 3 – subparagraph 1: 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 no 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 no later than ten working days following the request and may provide any additional information or comment it deems relevant.

AddedArticle 9 – paragraph 1: 1. The Member State of issuance shall take the measures referred to in Article 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).

AddedArticle 9 – paragraph 2: 2. The national contact point of the Member State of issuance shall communicate no 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.

AddedArticle 9 – paragraph 3 – subparagraph 1: 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 no 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.

AddedArticle 10 – paragraph 1: Where necessary, Member States shall consult each other in a timely manner, in order to ensure the effective application of this Directive.

AddedArticle 11 – paragraph 1 – introductory part: The national contact point of the Member State of issuance shall inform the national contact point of the Member State of the offence no later than ten working days following the adoption:

AddedArticle 12 – paragraph 1 – introductory part: The national contact point of the Member State of the offence shall inform the national contact point of the Member State of issuance, no later than ten working days following the adoption:

AddedArticle 12 – paragraph 1 – point a: (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;

AddedThis is related to Article 6(1)(c) where the Member State of issuance should take such information into consideration, but nowhere is spelled out where the information is to come from, hence this addition to Article 12 regarding info to be provided by Member State of offence, if the info exists

AddedArticle 13 – paragraph 1: 1. 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 no 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.

AddedArticle 13 – paragraph 2 – point a – point i: (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

AddedArticle 15 – paragraph 2: 2. 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 this Directive are complied with.

AddedArticle 15 – paragraph 3: 3. 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.

AddedArticle 16 – paragraph 1 – point a a (new): (aa) the number of notifications sent to the persons concerned;

AddedArticle 16 – paragraph 1 – point c: (c) the time needed to transmit information for each decision taken on a ground of exemption;

AddedArticle 16 – paragraph 1 – point c a (new): (ca) the number of times a delay had to be justified;

AddedArticle 16 – paragraph 1 a (new): By ... [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.

AddedArticle 19 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... [one year after the date of entry into force of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.

AddedThe transposition date needs to be defined

AddedArticle 19 – paragraph 2: 2. By … [date of entry into force of this Directive + 15 months], Member States shall communicate to the Commission the text of the main provisions of their national law which they adopt in the field covered by this Directive.

AddedArticle 20 – title: Review

AddedArticle 20 – paragraph 1: By ... [five years after the date of entry into force of this Directive], and every five years thereafter, the Commission shall present a report to the European Parliament and to the Council on the implementation of this Directive, including its impact on road safety. The report shall include statistics from the Member States on the use of the mechanism laid down by this Directive, as well as bottlenecks and areas for potential improvement. The report shall be accompanied, if necessary, by a legislative proposal to amend this Directive.

AddedArticle 21 – title: Entry into force

AddedApplication is not needed in the title of the article as there are no special provisions that required divergent date of application

AddedBackground to the Proposal

AddedOver the last two decades, the improvement of road safety and the reduction of the number of road fatalities have been at the heart of the Union’s transport policies. A steady reduction in road fatalities has indeed taken place, from 51,400 in 2001 to 19,800 in 2021 - this fell however slightly short of the EU target of a 75% reduction between 2001 and 2020. In recent years, the decline in fatalities has showed signs of slowing down.

AddedIn that context, EU Transport Ministers issued a ministerial declaration in Valetta in 2017 that called on the Commission to explore the further strengthening of the Union’s road safety legal framework, in particular with regard to the mutual recognition of driving disqualifications of non-resident drivers. At present, if a driver commits an offence outside the Member State where his or her driving licence is issued (typically the Member State of residence) and consequently has their driving licence suspended for 6 months, for example, that suspension will most of the time only be valid in the Member State where the offence was committed. The person in question would still be free to drive in all other EU Member States, including the Member State where they usually live.

AddedThis proposal on the Union-wide effect of driving disqualifications currently under consideration [COM(2023)0128] therefore seeks to put an end to this situation of impunity for non-resident drivers. It is part of a broader ‘road safety package’ unveiled in March 2023, containing three pieces of interlinked legislation. The package includes two other proposals, respectively on driving licences [updating Directive 2006/126/EC] and on cross-border exchange (CBE) of information on road safety-related traffic offences [updating Directive (EU) 2015/413].

AddedDirective 2006/126/EC on driving licences, namely in Article 11(4), tried to take some steps towards regulating EU-wide driving disqualifications but its wording is considered insufficiently clear and has not been as effective as it was hoped.

AddedContent of the Proposal

AddedThe proposal’s ultimate objective is to increase road safety by cutting down on prevailing acts of impunity by reckless driving while abroad. It does so by creating a framework for providing EU-wide effect to any decision to withdraw, suspend or restrict a driving licence of a driver who has committed a major driving offence outside the Member State where his or her driving licence is issued. It establishes a system of cooperation and information transfer between the Member State where an offence (MSoO) is committed and the Member State that issued the driving licence (MSoI). It lays down concrete procedures and obligations for the two countries involved.

AddedThe scope of the proposal only covers those road traffic offences that most contribute to accidents and fatalities as stipulated in the CBE Directive: excessive speeding, drink driving, driving under the influence of drugs and causing death or serious injury as the result of any road safety-related traffic offence.

AddedPosition of the Rapporteur

AddedThe Rapporteur strongly welcomes the whole road safety package and specifically the current proposal, which is the brand new element with a great dissuasive potential for reckless driving. In spite of divergent rules and scope of penalties amongst the different Member States, the time is ripe for a European approach to serious cross-border road offences especially in view of growing movement of citizens across borders and higher volumes of tourism.

AddedOverall, the proposal sets the right approach, scope and depth of measures to ensure the intended effect - decrease in road accidents of the more severe case.

AddedUltimately, its success depends on the right cooperation among the Member States and the smooth and timely flow of information between them. To this end, one aspect that the Rapporteur seeks to improve is the timeframes for important stages in the procedure granting Union-wide effect to certain driving disqualifications. These are largely missing in the proposal, which puts in question the overall length of time such a procedure could take. Therefore, most timeframes in the proposal have been more narrowly defined (set to 7 working days) in order to ensure the adequate execution of each stage and consequently the effectiveness of the entire procedure. This is of particular importance to EU citizens who end up as offenders and whose rights (ex. that of driving) could be severely affected if a procedure takes unnecessarily long time to complete simply due to protracted administrative handling.

AddedAs already mentioned, undeniably, the penal codes for traffic offences do vary in the different Member States. However, the proposal seeks to bring about this Union-wide effect of driving disqualifications given by one Member State and applicable in the rest, the Rapporteur believes that a degree of synchronisation should be sought within the frames of existing limitations. Thus the Member States are encouraged to try to align as much as possible the duration of disqualifications, the Union-wide one given by the Member State of issuance and the ‘original’ one given by the Member State of the offence (for example if the MSoO issues a disqualification of 15 months, and the same offence in the MSoI is penalised with a timeframe of between 9 to 12 months, then the MSoI should, within its discretion, decide on at least 12 months duration to be as close as possible to the original decision, without overstepping its own rules of course).

AddedAnother slight adjustment proposed by the Rapporteur concerns the grounds for exemption linked to the disqualifications based on speeding. The proposal suggests that for offences of below 50km/h of speeding on top of the permitted speed, the MSoI may choose a derogation. However, on an urban speed limit of 30km/h (as increasingly is the trend in many cities), this derogation is unjustified, hence at least a broad differentiation of urban vs non-urban road speed limits should be made and what speeding is ‘allowed’ to qualify for exemption in each case.

AddedFinally, the right tools also need to be set in place - the profound improvement and adjustment of an existing system for inter-Member State exchange of communication - the EU driving licence network ('RESPER'). RESPER is to be the cornerstone of this proposal, therefore the Rapporteur considers it should be the sole means for all information transactions between the Member States, also in view of the tightened timeframes presented in this draft report.