Changes from report parliamentary committee draft to plenary report

Change 2

RemovedSHORT JUSTIFICATION

AddedRecital 6: (6) However, the implementation of this Directive should respect the principle of subsidiarity and not require the harmonisation of national rules concerning the definition of road traffic offences, their legal nature and the applicable sanctions for such offences. In particular, the Union-wide effect of driving disqualifications should be pursued regardless of the qualification of the national measures in the Member State of offence as administrative or criminal. When applying a Union-wide driving disqualification, within the existing legal limits of the national rules in that regard, the Member States should aim to align their decisions, as much as possible.

RemovedThe Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage. The agreed text has been the result of smooth negotiations where the co-legislators have reached a satisfactory compromise text aiming to establish for the first time in EU legislation a system for communication, information sharing and recognition of driving disqualifications across the Union when applied for a limited range of major driving offences, such as drink or drug driving, excessive speeding or driving which causes death or serious bodily injury. The adopted provisions will curtail the current wide-spread in the Union impunity for drivers committing major offences outside of the Member State that issued their driving licence and thus improve the level of safety on Union roads.

AddedRecital 10: (10) As drink-driving (namely driving with a blood alcohol level that surpasses the maximum value allowed by the law), speeding (that is to say exceeding the speed limits in force for the road or type of vehicle concerned) and driving under the influence of drugs and psychoactive substances constitute the leading causes of road traffic crashes and fatalities within the Union, the highest possible diligence should be provided for cases relating to those offences, which should thus be considered as ‘major road-safety-related traffic offences’ for the purposes of this Directive. Furthermore, given their seriousness, road traffic offences which result in the death or serious bodily injury of the victim, or driving without a valid driving licence should also be considered as major offences.

AddedRecital 12: (12) The Member State which imposed the driving disqualification (“Member State of the offence”) should notify the Member State that issued the driving licence of the person concerned (“Member State of issuance”) of any driving disqualification imposed for a duration of one month or more on such person, in order to trigger the procedures necessary to ensure the Union-wide effect of the driving disqualification. Such notification should be transmitted by means of a standard certificate no later than ten working days after the decision imposing the driving disqualification, in order to ensure a seamless, reliable and effective exchange of information between the Member States. The transmission of the certificate and the exchange of other required information between the national contact points of the Member States in respect of the application of this Directive should be carried out through the EU driving licence network ('RESPER').

AddedRecital 13: (13) The standard certificate should contain a minimum set of data allowing for the proper implementation of this Directive, namely the authority of the Member State of the offence imposing the driving disqualification, a description of the major road-safety-related traffic offence committed, the resulting driving disqualification, details identifying the person concerned, and the procedures followed for the imposition of the disqualification. Such certificate should also be translated into an official language of the Member State of issuance or to any other language that the Member State of issuance has accepted, in order to ensure quick processing by the addressee. Through providing only for this information the standard certificate can guarantee effectiveness without obliging Member States to share not proportionate or excessive amounts of information.

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