What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

8 unchanged paragraphs

on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/413 facilitating cross-border exchange of information on road-safety-related traffic offences

(COM(2023)0126 – C90034/2023 – 2023/0052(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0126),

– having regard to Article 294(2) and Article 91(1)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90034/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

Changed:– having regard to the report of the Committee on Transport and Tourism (A90000/2023),(A9-0396/2023),

1. Adopts its position at first reading hereinafter set out;

Change 1

Changed:2. Approves its statement annexed to this resolution;;resolution;

3. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

Added:4. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Recital 1: (1) Directive (EU) 2015/413 facilitates the cross-border exchange of information on road-safety-related traffic offences and thereby lowers the impunity of non-resident offenders. An effective cross-border investigation and enforcement of strictly road-safety-related traffic offences improves road safety as it encourages non-resident drivers to commit fewer offences and drive more safely.

Change 2

Added:Recital 1 a (new): (1a) It is necessary to understand that there is a high probability of an unavoidable penalty to reduce road traffic hazards. Knowledge of the rules in force in the various Member States promotes road safety and a reduction in traffic offences.

Recital 4: (4) The scope of the Directive should be extended to other strictly road-safety-related traffic offences to ensure equal treatment of drivers. Considering the legal basis on which Directive (EU) 2015/413 was adopted, namely Article 91(1), point (c), of the Treaty on the Functioning of the European Union, additional offences should demonstrate a strong and direct link to road safety, by addressing dangerous and unlawful behaviours which pose a serious risk to road users. The extension of the scope should also reflect the technical progress in the automatic detection of road-safety-related traffic offences.

Change 3

Removed:Recital 15: deleted

Added:Recital 6: (6) The responsibilities and competences of national contact points should be defined to ensure that they seamlessly cooperate with other authorities involved in the investigation of the road-safety-related traffic offences which fall within the scope of this Directive. National contact points should always be available for such authorities and answer their requests without undue delay. This should be the case regardless of the nature of the offence or the legal status of the authority, and in particular regardless of whether the authority has national or subnational or local competence.

Removed:Recital 18: (18) When non-resident persons are checked on the spot in a road control, and such action leads to the initiation of follow-up proceedings in relation to the commission of a road-safety-related traffic offence, the information letter should contain only certain essential elements, including in particular a description of the appeal procedure, and be given to the person concerned directly as part of the road control procedures.

Added:Recital 7 a (new): (7a) A number of Member States are now facing a phenomenon where serious road offences are being committed in cars rented in other Member States. The drivers of such rental cars who committed a traffic offence are going unpunished because they can exploit differences in rules from one Member State to another, as well as shortcomings as regards the exchange of information

Removed:Recital 20: (20) In the case where it is not possible to deliver documents through registered delivery, registered mail or electronic means of equal value, the Member State of the offence should be allowed to rely on the Member State of registration or of residence to service the documents and communications to the person concerned under their own national legislation governing the service of documents.

Added:Recital 8: (8) The Member State of the offence should also be allowed to conduct automated searches in vehicle registers to retrieve the data needed to identify end users of vehicles where such information is already available. Furthermore, a data retention period should be established as regards the identity of the previous owners, holders and end users of the vehicles to provide authorities with the appropriate information they need for the investigation.

Removed:Recital 32: (32) The Commission should provide proportionate financial support for Member States’ initiatives and projects which improve the cross-border cooperation in the enforcement of road-safety-related traffic rules in the Union.

Added:Recital 12: (12) The Member State of registration or Member State of residence should provide the additional information requested by the Member State of the offence necessary for the identification of the liable person within a period not exceeding 30 working days. If it is not possible to gather or provide the information, or it is not possible to do within the period set out, a clear explanation should be given as regards the reasons thereof, and the delay may not exceed 20 working days from the date of the notification of these reasons.

Added:Recital 17: (17) As a minimum, the information letter should use wording that is understandable to those without legal training and include detailed information on the legal classification and legal consequences of the offence, in particular as the sanctions for the offences covered by the scope of Directive (EU) 2015/413 can be of a non-pecuniary nature, such as restrictions placed on the offender’s right to drive. The right of appeal should also be supported by providing detailed information on where and how to exercise the rights of defence or lodge an appeal in the Member State of the offence, in a language that the person concerned understands. A description of in absentia procedures should also be provided when applicable, as the presumed liable person may not plan to return to the Member State of offence to participate in the proceedings. Payment options and ways to mitigate the volume of the sanctions should also be made easily understandable in order to incentivise voluntary cooperation. Finally, as the information letter should be the first document the owner, holder or end user of the vehicle or any other presumed liable person receives, it should contain the information under Article 13 of Directive (EU) 2016/680 of the European Parliament and of the Council63 , which, pursuant to Article 13(2)(d) should include information from which source the personal data originate, and Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council64 . This i…

Added:Recital 18: (18) When non-resident persons are checked on the spot in a road control, and such action leads to the initiation of follow-up proceedings in relation to the commission of a road-safety-related traffic offence, the information letter should contain only certain essential elements including, in particular, a description of the appeal procedure , and, if possible, be given to the person concerned directly as part of the road control procedures or sent as soon as possible after their completion. Non-resident drivers should also be given sufficient time to avail themselves of any right to appeal or to the mitigation of sanctions.

Added:Recital 20: (20) In the case where it is not possible to deliver documents through registered delivery, registered mail, or electronic means of equal value, the Member State of the offence should be allowed to rely on the Member State of registration or of residence to service the documents and communications to the person concerned under their own national legislation governing the service of documents.

Added:Recital 24 a (new): (24a) Currently, there are no Union-wide means of electronic identification or a certificate recognised by all Member States that would enable Union citizens to access the content of the notifications deposited in the electronic register of the authority issuing the notification, and to submit written claims and appeals electronically. The Commission, in collaboration with Member States, should therefore carry out a review of models for electronic access to registers of traffic offences managed by national authorities and, if appropriate, develop a dedicated digital solution.

Added:Recital 25 a (new): (25a) The Commission should explore different means for enhancing the cooperation and exchange of information on road-safety traffic offences to improve enforcement, between the Member States and neighbouring third countries . While this Directive aims to reduce the impunity of non-resident drivers within the Union, road safety-related offences by non-resident drivers registered outside the Union are a not insignificant problem. This Directive and the use of Eucaris provide a model for the Union and its Member States to establish similar mechanisms for the exchange of information on the covered offences with neighbouring third countries, provided that equivalent protections are afforded to the drivers concerned, particularly as regards data protection.

Added:Recital 25 b (new): (25b) To attain the objectives put forward in the EU Road Safety Policy Framework 2021-2030 – Next steps towards “Vision Zero”, the effective implementation of Directive (EU) 2015/413 should be complemented by further measures to address road-safety-related traffic offences committed by third-country nationals. It should 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 would need to include necessary provisions for data protection. In the event of a long delay before such an agreement is concluded, Member States, in cooperation with the Commission, could develop a dedicated solution to ensure that a traffic offence is signalled at the external border of the Union when the traffic offender intends to cross it, so that the financial penalty can be imposed on the offender by the Member State where the offense took place before he or she leaves the territory of the Union..

Added:Recital 25 c (new): (25c) Since the withdrawal of the United Kingdom from the Union, there is no longer a directive concerning the sharing of data between Member States´ police forces and the United Kingdom’s Driver Vehicle Licensing Agency (DVLA. A mutual assistance scheme exists instead, but, since it is no longer automatic, it is not as efficient as it would otherwise be. As the conclusion of the UK-EU Trade and Cooperation Agreement (TCA) does not include a reference to Directive (EU) 2015/413 and Decision 2005/214/JHA, the Commission should analyse in the light of a legal opinion how best to effectively enforce the offences defined by this Directive under the 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’s vehicle holders and drivers.

Added:Recital 31: (31) An online portal (the “CBE Portal”) should be established to provide road users in the Union with comprehensive information on road-safety-related traffic rules in place in Member States and allow road users to communicate with Member State authorities in an effective and secure manner. Such information should be understandable and accessible. The portal should also facilitate communication between Member States’ authorities on various issues related to the cross-border investigation of road-safety-related traffic offences, such as for the verification of the authenticity of information letters and follow-up documents to eliminate the possibility of fraud. The exchanged personal data should be limited to what is necessary for the cross-border investigations and enforcement of sanctions, particularly the payment of financial penalties. The CBE Portal should be able to connect to other relevant portals, networks, websites or platforms to facilitate the exchange of information related to the enforcement of road-safety-related traffic rules. Commission and the Member States should be the joint controllers of the CBE Portal, in accordance with Regulation 2018/1725

Added:Recital 32: (32) The Commission should provide proportionate financial support for Member States’ initiatives and projects , which improve the cross-border cooperation in the enforcement of road-safety-related traffic rules in the Union, including support for the digitisation of the data covered by Annex III to Directive 2010/40/EU relevant for the offences covered under this Directive. Financial support should also cover information campaigns throughout the Union on differences in national legislation, with a particular focus on neighbouring countries.

Added:Recital 32 a (new): (32a) EU Member States should be encouraged to set up a transparent system for the allocation of revenues generated by fines and channel revenues from enforcement back into road safety work. This would also increase public confidence in the traffic law enforcement system and contribution it can make to improving road safety.

Added:Recital 32 b (new): (32b) Given significant increases in the level of cross-border road traffic, and continued divergences between the Member States in the field of road safety enforcement, it is appropriate to update the Commission’s Recommendation 2004/345/EC on enforcement in the field of road safety, which dates from 2004 in order to take account of advancements since then.

Added:Recital 35 a (new): (35a) It is necessary to highlight that there is a significant problem of non-enforcement of road traffic offences committed by non-residentsand that the amendments to Article 1 of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties, as amended by Framework Decision 2009/299/JHA, which lays down the definition of a decision, may not be sufficient to tackle this problem effectively. Therefore, the current situation should be assessed, inter alia in the light of a dedicated legal opinion, following which the Commission should, if appropriate, adopt a legislative proposal with a view to improving cooperation between Members States on this issue.

Added:Recital 35 b (new): (35b) Member States should ensure that adequate and effective mechanisms are in place for the enforcement or recovery of financial penalties.

Directive (EU) 2015/413

Article 1 – paragraph 1 – point 1 – point a, Article 2 – paragraph 1 – point i: (i) not keeping the required distance from the vehicle in front;

Directive (EU) 2015/413

Change 4

Changed:Article 1 – paragraph 1 – point 1 – point a, Article 2 – paragraph 1 – point j: (j) dangerous overtaking that does not comply with traffic regulations;

Directive (EU) 2015/413

Article 1 – paragraph 1 – point 1 – point a, Article 2 – paragraph 1 – point k: (k) dangerous parking in an unauthorised place posing a serious risk to other road users;

Directive (EU) 2015/413

Change 5

Changed:Article 1 – paragraph 1 – point 1 – point a, Article 2 – paragraph 1 – point ol: a(l) (new):crossing (oa)one hit-and-runor ;more solid lines;

Directive (EU) 2015/413

Change 6

Removed:Article 1 – paragraph 1 – point 2 – point b, Article 3 – paragraph 1 – point l: (l) ‘national contact point’ means competent authorities designated for the purposes of this Directive;

Added:Article 1 – paragraph 1 – point 1 – point a, Article 2 – paragraph 1 – point o: (o) driving an overloaded vehicle;

Directive (EU) 2015/413

Change 7

Added:Article 1 – paragraph 1 – point 1 – point a, Article 2 – paragraph 1 – point o a (new): (oa) hit-and-run;

Added:Directive (EU) 2015/413

Added:Article 1 – paragraph 1 – point 2 – point -a (new), Article 3 – paragraph 1 – point a: (-a) point a is replaced by the following: / (a) ‘vehicle’ means any motorised vehicle propelled exclusively by mechanical power, which is normally used for carrying persons or goods by road;

Added:(32015L0413)

Added:Directive (EU) 2015/413

Added:Article 1 – paragraph 1 – point 2 – point a, Article 3 – paragraph 1 – point j: (j) ‘use of a forbidden lane’ means illegally using part of an already existing permanent or temporary road section, such as a public transport lane, footpath or cycle lane or a lane which is temporarily closed for reasons of congestion or road works, as defined in the law of the Member State of the offence’;

Added:Directive (EU) 2015/413

Added:Article 1 – paragraph 1 – point 2 – point b, Article 3 – paragraph 1 – point l: (l) ‘national contact points’ means competent authorities through which information is exchanged between Member State of offence and Member State of registration;

Added:Directive (EU) 2015/413

Article 1 – paragraph 1 – point 2 – point c, Article 3 – paragraph 1 – point o: (o) ‘not keeping the required distance from the vehicle in front’ means not maintaining the safe distance necessary to avoid collision with the vehicle in front of the vehicle driven by the driver, if the preceding vehicle were to suddenly slow down or stop, as defined in the law of the Member State of the offence;