A4-0121/98

Draft Convention on driving disqualifications (5217/98 - C4-0061/98 - 98/0901(CNS))

The draft was approved subject to the following amendments:

(Amendment 1)

Article 2a(1)

>Original text>

1. The State of the offence shall without delay notify the State of residence of any driving disqualification imposed for an offence arising from conduct referred to in the Annex.

>Text following EP vote>

1.

The State of the offence shall without delay, and at the latest within seven working days, notify the State of residence of any driving disqualification imposed for an offence arising from conduct referred to in the Annex.

(Amendment 2)

Article 3(5)

>Original text>

5. When giving the notification referred to in Article 12(2), each Member State shall indicate in a declaration which of the procedures described in paragraph 1 it intends to apply in its capacity as a State of residence. The declaration made may be replaced by a new declaration at any time.

>Text following EP vote>

5.

When giving the notification referred to in Article 12(2), each Member State shall indicate in a declaration which of the procedures described in paragraph 1 it intends to apply in its capacity as a State of residence. The declaration made may not be replaced by a new declaration unless it replaces the procedure described under (c) with one of the procedures described under (b) and (a), or the procedure described under (b) with the procedure described under (a).

(Amendment 3)

Article 3(5a) (new)

>Original text>

>Text following EP vote>

5a. If the State of residence applies one of the procedures referred to in paragraph 1(b) or paragraph 1(c), it shall undertake to ensure that an administrative or judicial decision is made within four weeks of receipt of the notification from the State of the offence.

(Amendment 5)

Article 4(1)(ca) (new)

>Original text>

>Text following EP vote>

(ca) driving disqualification is not a measure available under the legislation of that State for the acts giving rise to the driving disqualification imposed by the State of the offence.

(Amendment 6)

Article 4(1)(cb) (new)

>Original text>

>Text following EP vote>

(cb) the period of limitation for the measure would have expired under its own legislation;

(Amendment 7)

Article 4(1)(cc) (new)

>Original text>

>Text following EP vote>

(cc) it considers that the person concerned has not had an adequate opportunity, inter alia on account of language problems, to defend himself.

(Amendment 8)

Article 4(2)(c)

>Original text>

(c) driving disqualification is not a measure available under the legislation of that State for the acts giving rise to the driving disqualification imposed by the State of the offence;

>Text following EP vote>

Deleted

(Amendment 9)

Article 4(2)(d)

>Original text>

(d) the period of limitation for the measure would have expired under its own legislation;

>Text following EP vote>

Deleted

(Amendment 10)

Article 4(2)(e)

>Original text>

(e) it considers that the person concerned has not had an adequate opportunity to defend himself.

>Text following EP vote>

Deleted

(Amendment 11)

Article 6(1), first indent

>Original text>

- details serving to locate the person disqualified from driving;

>Text following EP vote>

-

details serving to locate the person disqualified from driving which may extend only to personal data and particulars justifying the disqualification;

(Amendment 12)

Article 8

>Original text>

Article 8

Any Member State may, when giving the notification referred to in Article 12(2), reserve the right to execute within its territory any decision notified by it in accordance with Article 2a(1) for the period not covered by execution in accordance with Article 3 of the decision by the State of residence.

>Text following EP vote>

Deleted

(Amendment 13)

Article 9

>Original text>

Each Member State shall adopt the measures necessary to penalize the driving of a motor vehicle during the period for which the driver is disqualified from driving in implementation of this Convention.

>Text following EP vote>

Each Member State shall adopt the measures necessary to penalize the driving of a motor vehicle during the period for which the driver is disqualified from driving

by an administrative or judicial decision of the State of residence, in implementation of this Convention.

Legislative resolution embodying Parliament's opinion on the draft Convention on driving disqualifications (5217/98 - C4-0061/98 - 98/0901(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Council proposal (5217/98 - 98/0901 (CNS)),

- having been consulted by the Council pursuant to Article K.6(2) of the Treaty on European Union (C4-0061/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0121/98),

1. Approves the Council proposal, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Instructs its President to forward this opinion to the Council and Commission.