What changed between the plenary report and the adopted text

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

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

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

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

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

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

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

Added:Article 3 Union-wide effect of driving disqualifications

Added:Member 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]

Added:Article 4 Duty to notify a driving disqualification

Added:1. 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]

Added:2. 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.

Added: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, 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]

Added:Article 5 Standard certificate and means of transmission

Added:1. 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).

Added:2. The certificate shall contain the following information:

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

Added:(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]

Added:(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]

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

Added:(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;

Added:(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.

Added:(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]

Added:3. 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.

Added:4. 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.

Added:5. 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’).

Added:5a. 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]

Added:Article 6 Ensuring the Union-wide effect of driving disqualifications

Added:1. 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.

Added:2. 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]

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

Added:(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]

Added:(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.

Added:(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]

Added: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. 23]

Added:3. Where the driving disqualification consistsresults in a suspension or a restriction, the measures taken by the Member State of issuance shall comply withbe the following conditions: [Am. 24]

Added:(a) the Member State of issuance shall suspend or restrict the validity of the driving licence or the right to drive of the person concerned until the date on which the suspension or the restriction imposed and notified by the Member State of the offence ceases to have effects;

Added:(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 amount of time and period and the fulfilment of additional conditions, the Member State of issuance shall take into account only the fixed period of time;; [Am. 25]

Added:(c) where a restriction is imposed and notified by the Member State of the offence, it shall be taken into account insofar as compatible with the law of the Member State of issuance in terms of its nature or duration.

Added:3a. 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. [Am. 26]

Added:4. Without prejudice to the ground for exemption laid down in Article 8(1), point (a), when adopting measures under this Article, the Member State of issuance shall be bound by and rely on the information and facts provided by the Member State of the offence in accordance with Article 5.

Added:Article 7 Effects of driving disqualifications in the Member State of the offence

Added:1. This Directive shall not prevent the Member State of the offence from executing the driving disqualification within its territory and in accordance with its national rules.

Added:2. Where a driving disqualification containing additional conditions has been notified to the Member State of issuance in accordance with Article 4(1), the Member State of the offence may continue to apply such driving disqualification within its territory until the person concerned complies with those conditions.

Added: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 fulfillshas 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. [Am. 27]

Added:Article 8 Grounds for exemption

Added:1. The Member State of issuance shall not take the measures referred to in Article 6(1) where:

Added:(a) the certificate referred to in Article 5 is incomplete or manifestly incorrect and the missing or the correct information has not been provided in accordance with paragraph 3, of this Article;

Added:(b) the driving disqualification has already been fully executed in the Member State of the offence;

Added:(c) the driving disqualification is statute-barred in accordance with the law of the Member State of issuance;

Added:(d) there is a privilege or immunity under the law of the Member State of issuance that prevents the execution of the driving disqualification; [Am. 28]

Added:(e) at the moment of adopting the measures, referred to in Article 6(3), the remaining period of the suspension or of the restriction to be served pursuant to the driving disqualification is less than one month;

Added:(f) judicial proceedings took place and according to the certificate the person concerned did not appear in person at the trial that resulted in the adoption of the driving disqualification, unless the certificate states that, in accordance with further procedural requirements defined in the law of the Member State of the offence, either of the following circumstances have occurred:

Added:(i) the person concerned was summoned in person in due time and was thereby informed of the scheduled date and place of the trial that resulted in the driving disqualification, or actually received, by other means, official information of the scheduled date and place of that trial in such a manner that it was established unequivocally that that person was aware of the scheduled trial, and was informed in due time that such a driving disqualification could be handed down if that person did not appear at the trial;

Added:(ii) being aware of the scheduled trial, the person concerned had given a mandate to a lawyer, who was either appointed by the person concerned or by the State, to defend that person at the trial and was actually defended by that lawyer at the trial; or

Added:(iii) after having been served with the driving disqualification and having been expressly informed of the right to a retrial or an appeal, in which the person concerned would have the right to participate and which would allow a re-examination of the merits of the case including an examination of fresh evidence, and which could lead to the original driving disqualification being reversed, that person expressly stated that he or she did not contest the driving disqualification, or did not request a retrial or appeal within the applicable time limits;

Added:(g) in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the driving disqualification would, in the particular circumstances of the case, entail a breach of a fundamental right as set out in the Charter.

Added:2. The Member State of issuance may decide to apply also the following grounds of exemption:

Added:(a) the driving disqualification relates to a major road-safety-related traffic offence that, on the basis of the information notified under Article 4(1), would not be sanctioned with a driving disqualification under the law of the Member State of issuance;

Added:(b) the driving disqualification was imposed only on grounds of speeding and the speed limitsin 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; [Am. 29]