CELEX: 52014PC0476
Language: en
Date: 2014-07-18
Title: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL facilitating cross-border exchange of information on road safety related traffic offences

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		52014PC0476
		
			Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL facilitating cross-border exchange of information on road safety related traffic offences /* COM/2014/0476 final - 2014/0218 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT
OF THE PROPOSAL
Grounds for and objectives of
the proposal
On 19 March 2008, the Commission adopted a proposal for
a Directive of the European Parliament and of the Council facilitating
cross-border enforcement in the field of road safety, on the basis of the
transport article of the Treaty (Art. 71(1) EC Treaty, now Art. 91 TFEU). The
main objective of that Directive was to put an end to the anonymity of
non-resident drivers and to make sure that their road traffic offences would
not go unpunished. For this reason the Directive provided
the Member States with the mutual access to each other's vehicle registration
data via an electronic data exchange network. This would allow them to identify
drivers when they commit traffic offences abroad, thus ensuring equal treatment of
non-resident and resident drivers. Once the vehicle
owner's name and address are known, a letter to the presumed offender may be
sent, on the basis of a model established by the Directive. The Member State of offence will have kept their right to decide on the follow up of the
traffic offence. 
Directive 2011/82/EU was adopted on 25 October 2011. The
European Parliament and the Council chose Article 87(2) TFEU on police
cooperation as its legal basis. 25 Member States had to transpose that
Directive by 7 November 2013. Denmark, the United Kingdom and Ireland chose, in accordance with Protocols n° 21 and 22 annexed to the Treaties, not to
adopt and apply that Directive.
The Commission fully supported the contents of the adopted Directive
but decided to challenge its legal basis before the Court of Justice of the
European Union. In its judgement of 6 May 2014, case C-43/12 Commission
v. European Parliament and Council, the Court annulled Directive 2011/82/EU,
but maintained its effects until the entry into force of a new Directive on the
basis of the transport article of the Treaty within a reasonable period of
time, which may not exceed twelve months from the date of delivery of the
judgement.
In order to comply with the above-mentioned judgement, the
Commission prepared this proposal for a new Directive based on the correct
legal basis (Article 91 TFUE).
Consistency with the other
policies and objectives of the Union
As was
the case of the annulled Directive, this proposal is in line with EU policies
on the protection of human health and the environment. It also complements
Council Framework Decision 2005/214/JHA on the application of the principle of
mutual recognition to financial penalties. The Decision sets out a mechanism
for cross-border recognition and enforcement of final decisions concerning
financial penalties, among others for traffic offences.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
The proposal does not contain any new
elements as compared to the annulled Directive. The proposed changes adapt the
previous text to its new legal basis and are therefore not substantial. For
this reason renewed consultation of stakeholders and an update of the impact
assessment for the original Commission proposal[1] were not required.
Before adoption of the annulled Directive, the European
Economic and Social Committee, the European Data Protection Supervisor and the
Committee of the Regions were consulted.
The European Economic and Social Committee issued its
opinion on 17 September 2008[2].
The Committee concluded that the proposal for
the annulled Directive was a sound approach to dealing effectively with
offences committed in another Member State. To make the Directive more effective,
the list of offences was proposed to be expanded. Furthermore the Committee
called on the Council and the Member States to accompany the Directive with urgent
improvements on effective and efficient checks and penalties. Some of the
proposed additional offences were included in the Directive that was adopted.
The European Data Protection Supervisor (EDPS) issued its
opinion on 8 May 2008[3].
EDPS concluded that the proposal for the annulled Directive provided for
sufficient justification for the establishment of the system for the
cross-border exchange of information, and that it limited in an adequate way
the quality of data to be collected and transferred. The EDPS gave some
recommendations in order to improve the text. The EDPS had no objection to the
use of an already existing infrastructure to exchange the information - as far
as this limited financial or administrative burden, but
insisted that this should not lead to interoperability with other databanks.
Some of the proposals were included in the Directive that was adopted. 
The Committee of Regions was consulted on
the proposal, but decided on 17 April 2008 not to issue an opinion.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
Summary of the proposed action
The proposal is almost identical to the
text of the annulled Directive. Only some minor changes considered strictly
necessary to comply with the judgement of the Court were introduced. Therefore,
the legal basis was changed, the recitals referring to the special provisions
applying to the UK, Ireland and Denmark were deleted, as well as the Commission
statement on the legal basis which is no more relevant. Furthermore, a change
of reference as regards rules on data protection was made in recital 20
(recital 19 of the annulled Directive) and corresponding Article 7 was modified
accordingly. In Article 4 the references to the Prüm
Decisions have been
streamlined, without changing the substance and the paragraphs 2 and 3 are reshuffled
to improve the logical structure of this Article. An update of the transposition
and exercise of delegation powers dates, as well as of the reporting
obligations, was made. Some minor modifications were also introduced to address
issues of standard legislative drafting.
Legal basis
The legal basis for the adoption of measures at EU level in the field of road safety is
Article 91(1)(c) TFEU. According to this Article "(...) the Council shall, acting in accordance with the ordinary
legislative procedure (…), lay down: (…) (c)
measures to improve transport safety." The Court considered that this
legal basis was appropriate since the examination of the content of the
provisions of Directive 2011/82/EU confirmed that the system for the exchange
of information between the competent authorities of the Member States set up by
that Directive provided the means of pursuing the objective of improving road
safety and enabled the European Union to attain that aim. It concluded that
since, both in respect of its aims and its content, Directive 2011/82/EU was a
measure to improve transport safety within the meaning of Article 91(1) (c)
TFUE, it should have been adopted on the basis of that provision (see paragraphs
44 to 46 of the judgment).
Deletion of recitals regarding UK,
Ireland and Denmark
As referred in recitals 22 and 23 of the
annulled Directive, UK, Ireland and Denmark had, in accordance with Protocols
no 21 and 22 annexed to the Treaties, the possibility not to take part in
adoption of, be bound by or subject to the application of that Directive. However,
as this proposal is based on Article 91(1)(c) TFEU, where those Protocols do not
apply since they only apply to Title V of the TFEU, those recitals should be
deleted.
Data protection
As the annulled Directive was adopted on
the basis of Article 87(2) TFEU, the rules on data protection were based on the
data protection regime under police and judicial cooperation in criminal
matters as prescribed by Council Framework Decision 2008/977/JHA of 27 November
2008 on the protection of personal data processed in the framework of police
and judicial cooperation in criminal matters. This was also because Directive
95/46/EC does not apply to personal data processed in the course of an activity
which falls within the scope of police and judicial cooperation in criminal
matters, cf. Article 3(2) of that Directive.
However, this proposal is based on Article
91(1) (c) TFEU and the general rules on data protection provided for in
Directive 95/46/EC of the European Parliament and of the Council of 24 October
1995 on the protection of individuals with regard to the processing of personal
data and on the free movement of such data[4]
should therefore apply. Consequently, the proposal should refer to Directive
95/46/EC, both in general and for the provisions on rectification, erasure,
blocking and maximum storage time as mentioned in Article 7 of the annulled
Directive. There is no longer need to refer to the rules on data protection in
the Prüm
Decisions, since Directive
95/46/EC provides for sufficient data protection.
In light of ongoing negotiations between
the co-legislators on a Commission proposal for a Regulation on Data Protection
to replace Directive 95/46/EC, and depending on the time line and outcome of
the procedures, a change of reference could be appropriate before the adoption
of this Directive.
Subsidiarity and
proportionality principles
The proposal complies with the subsidiarity
and proportionality principles, in the same way as does
the annulled Directive.
4.           BUDGETARY IMPLICATION 
There are no other budgetary implications than
those already mentioned in the annulled Directive. 
5.           OPTIONAL ELEMENTS 
European Economic
Area
The
proposed Directive is EEA-relevant and should therefore be extended to the
European Economic Area.
2014/0218 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
facilitating cross-border exchange of
information on road safety related traffic offences
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the
Treaty on the Functioning of the European Union, and
in particular Article 91(1)(c) thereof,

Having regard to the proposal from the European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the European Economic and Social Committee[5],
Having regard to the opinion of the Committee of the Regions[6],
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1)       Improving road safety is a
prime objective of the Union's transport policy. The Union is pursuing a policy
to improve road safety with the objective of reducing fatalities, injuries and
material damage. An important element of that policy is the consistent
enforcement of sanctions for road traffic offences committed in the Union which considerably jeopardise road safety.
(2)       However, due to a lack of
appropriate procedures and notwithstanding existing possibilities under Council
Decision 2008/615/JHA[7] and Council Decision 2008/616/JHA[8] (the 'Prüm Decisions'), sanctions in the form of financial
penalties for certain road traffic offences are often not enforced if those
offences are committed with a vehicle, which is registered
in a Member State other than the Member State where the offence took place.
This Directive aims to ensure that even in such cases, the effectiveness of the
investigation of road safety related traffic offences should be ensured.
(3)           The Commission, in its
Communication of 20 July
2010 entitled 'Towards a
European road safety area: policy orientations on road safety 2011-2020',
emphasised that enforcement of road traffic rules remains
a key factor in creating the conditions for a considerable reduction in the
number of deaths and injuries. In its conclusions of 2 December 2010 on road
safety, the Council called for consideration of the
need for further strengthening of enforcement of
road traffic rules by Member States and, where appropriate, at Union level. It
invited the Commission to examine the possibilities
of harmonising traffic rules at Union level where appropriate and adopting
further measures on facilitating cross-border enforcement with regard to road
traffic offences, in particular those related to serious traffic accidents.
(4)       On 19 March 2008, the
Commission adopted a proposal for a Directive of the European Parliament and of
the Council facilitating cross-border enforcement in the field of road safety
on the basis of Article 71(1)(c) of the Treaty establishing the European
Community (now Article 91 of Treaty on the Functioning of the European Union ('TFUE')).
Directive 2011/82/EU of the European Parliament and of the Council[9] was however adopted on
the basis of Article 87(2) TFUE. By judgement of 6 May 2014 in case C-43/12[10], the European Court of
Justice annulled Directive 2011/82/EU on the grounds that it could not validly
be adopted on the basis of Article 87(2) TFEU. The Court maintained the effects
of Directive 2011/82/EU until the entry into force within a reasonable period
of time – which may not exceed twelve months as from the date of delivery of
the judgement – of a new directive based on Article 91(1)(c) TFEU. Therefore a
new Directive should be adopted on the basis of that Article. 
(5)       Greater
convergence of control measures between Member States should be encouraged and
the Commission should examine in this respect the need for developing common
standards for automatic checking equipment for road safety controls.
(6)       The
awareness of Union citizens should be raised as
regards the road safety traffic rules in force in different Member States and
as regards the implementation
of this Directive, in particular through appropriate measures guaranteeing the
provision of sufficient information on the
consequences of not respecting the road safety traffic rules when travelling in
a Member State other than the Member State of registration.
(7)       In
order to improve road safety throughout the Union
and to ensure equal treatment of drivers, namely resident and non-resident
offenders, enforcement should be facilitated irrespective of the Member State of registration of the
vehicle. To this end, a system of cross-border
exchange of information should be used for certain identified road safety
related traffic offences, regardless of their administrative or criminal nature
under the law of the Member State concerned, granting the Member State of the
offence access to vehicle registration data (VRD) of the
Member State of registration.
(8)       A
more efficient cross-border exchange of VRD,
which should facilitate the identification of
persons suspected of committing a road safety related traffic offence, may
increase the deterrent
effect and induce more cautious behaviour by the driver of a vehicle that is
registered in a Member State other than the
ember State of the offence, thereby preventing
casualties due to road traffic accidents.
(9)       The
road safety related traffic offences covered by this Directive are not subject
to homogeneous treatment in the Member States. Some Member States qualify such
offences under national law as 'administrative' offences while others qualify
them as 'criminal' offences. This Directive should apply regardless of how
those offences are qualified under national law.
(10)     In
the framework of the Prüm Decisions,
Member States grant each other the right
of access to their VRD in order to improve the exchange of information and to
speed up the procedures in force. The provisions concerning the technical
specifications and the availability of automated data exchange set out in the Prüm
Decisions should, as far as possible, be included in
this Directive.
(11)     Existing
software applications should be the basis
for the data exchange under this Directive and should, at the same time, also
facilitate the reporting
by Member States to the Commission. Such applications should provide for the
expeditious, secure and confidential exchange of specific VRD between Member
States. Advantage should be taken of the European Vehicle and Driving Licence
Information System (Eucaris) software application, which is mandatory for
Member States under the Prüm Decisions
as regards VRD. The Commission
should report on an assessment of the functioning of the software applications
used for the purposes of this Directive.
(12)         The scope of the
above-mentioned software applications should be limited to the processes used
in the exchange of information between the national
contact points in the Member States. Procedures and automated processes in
which the information
is to be used are outside the scope
of such applications.
(13)     The
Information Management Strategy for EU internal
security aims at finding the simplest and most easily traceable and
cost-effective solutions for data exchange.
(14)     Member
States should be able to contact the owner, the holder of the vehicle or the
otherwise identified person suspected of committing the
road safety related traffic offence in order to keep
the person concerned informed of the applicable procedures and the legal
consequences under the law
of the Member State of the offence.
In doing so, Member States should consider sending the information concerning
road safety related traffic offences in the language of the registration
documents or the language
most likely to be understood by the person concerned, to ensure that that
person has a clear understanding of the information which is being shared with
the person concerned. Member States should apply the appropriate procedures to
ensure that only the person
concerned is informed and not a third party. To that effect, Member States
should use detailed arrangements similar to those adopted for following up such
offences including means such as, where appropriate, registered delivery. This
will allow that person to respond to the information in an appropriate way, in
particular by asking for more information, settling the fine or by exercising
his/her rights of defence, in particular in the case of mistaken identity.
Further proceedings are covered by applicable legal instruments, including
instruments on mutual assistance and on mutual recognition, for example Council
Framework Decision 2005/214/JHA[11].
(15)     Member
States should consider providing equivalent translation with respect to the
information letter sent by the Member
 State of the offence, as provided for
in Directive 2010/64/EU of the European Parliament and of the
Council[12].
(16)     With
a view to pursuing a road safety policy aiming for a high level of protection
for all road users in the Union and taking into account the widely differing
circumstances pertaining within the Union, Member States should act, without
prejudice to more restrictive policies and laws, in order to ensure greater
convergence of road traffic rules and of their enforcement between Member
States. In the framework
of its report to the European
Parliament and to the Council on the application
of this Directive, the Commission
should examine the need
to develop common standards in order to establish comparable methods, practices
and minimum standards at Union level taking into account international
cooperation and existing agreements in the field of road safety, in particular
the Vienna Convention on Road Traffic of 8
November 1968.
(17)     In
the framework of its report to the European Parliament and to the Council on
the application of this Directive by the Member States, the Commission should
examine the need for common criteria for follow-up procedures by the
Member States in the
event of non-payment of a financial penalty, in
accordance with Member States' laws and procedures. In this report, the
Commission should address issues such as the
procedures between the
competent authorities of the Member States for the
transmission of the final decision to impose a sanction and/or financial
penalty as well as the recognition and enforcement of the final decision.
(18)     In
preparing the review of this Directive, the Commission should consult the
relevant stakeholders, such as road safety and law enforcement authorities or
bodies, victims' associations and other non-governmental organisations active
in the field of road safety.
(19)         Closer cooperation
between law enforcement authorities should go hand in hand with respect for
fundamental rights, in particular the right to respect for privacy and to
protection of personal data, guaranteed by special data protection arrangements
which should take particular account of the
specific nature of cross-border online access to databases.
It is necessary that the software applications to be set up enable the exchange
of information to be carried out in secure conditions and ensure the
confidentiality of the data transmitted. The
data gathered under this Directive should not be used
for purposes other than those of this Directive. Member States should comply
with the obligations on the
conditions of use and of temporary storage of the
data.
(20)     The
processing of personal data provided by this Directive is necessary and justified
by the legitimate aims pursued by this Directive in the field of road safety,
namely to ensure a high level of protection
for all road users in the Union by facilitating the cross-border exchange of
information on road safety related traffic offences and thereby the enforcement
of sanctions. It does not exceed the limits
which compliance with the principle of proportionality imposes.
(21)     Data relating to the
identification of an offender are personal data. Directive 95/46/EC of the
European Parliament and of the Council[13]
applies to the processing activities carried out in application of this
Directive.. Without prejudice to the observance of the procedural requirements
for appeal and the redress mechanisms of the Member State concerned, the data
subject should be informed accordingly, when notified of the offence, of the
right to access, the right to rectification and deletion of personal data as
well as of the maximum legal storage period of the data and should have the
right to obtain the correction of any inaccurate personal data or the immediate
deletion of any data recorded unlawfully.
(22)     It
should be possible for third countries to participate in the
exchange of VRD provided that they have concluded an
agreement with the Union to this effect. Such an agreement would have to
include necessary provisions on data protection.
(23)     This
Directive upholds the fundamental rights and principles recognised by the
Charter of Fundamental Rights of the European Union, including the respect for
private and family life, the protection of personal data, the right to a fair
trial, the presumption of innocence and the right of defence. This Directive
must be implemented according to these rights and principle. 
(24)     In
order to achieve the objective of exchange of information between Member States
through interoperable means, the power to adopt acts in accordance with Article
290 of the Treaty on the Functioning of the European Union should be delegated
to the Commission in respect of taking into account relevant changes to
Decisions 2008/615/JHA
and 2008/616/JHA or where required by legal acts of the Union directly relevant
for the update of Annex I. It is of particular importance that the Commission
carry out appropriate consultations during its preparatory work, including at
expert level. The Commission, when preparing and drawing up delegated acts,
should ensure a simultaneous, timely and appropriate transmission of relevant
documents to the European
Parliament and to the Council.
(25)     In
accordance with the Joint Political Declaration of Member States and the
Commission of 28 September 2011 on explanatory documents[14], Member States have undertaken to accompany, in justified cases,
the notification of their transposition measures with one or more documents
explaining the relationship between the components of a directive and the
corresponding parts of national transposition instruments. With regard to this
Directive, the legislator considers the transmission of such documents to be
justified.
(26)         Since the objective of
this Directive, namely to ensure a high level of protection for all road users
in the Union by facilitating the cross-border
exchange of information on road safety related traffic offences, where they are
committed with a vehicle registered in a Member State other than the Member
State where the offence took place, cannot be sufficiently achieved by the
Member States, but can rather, by reason of the
scale and effects of the action, be better achieved
at Union level, the Union may adopt measures, in accordance with the principle
of subsidiarity, as set out in Article 5 of the Treaty on European Union. In
accordance with the principle of proportionality, as
set out in that Article, this Directive does
not go beyond what is necessary in order to achieve that objective.
(27)     The European Data
Protection Supervisor was consulted in accordance with Article 28(2) of
Regulation (EC) No 45/2001 of the European Parliament and of the Council[15] and delivered an opinion on [...][16],
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Objective
This Directive aims to ensure a high level of
protection for all road users in the Union by facilitating the cross-border
exchange of information on road safety related traffic offences and thereby the
enforcement of sanctions, where those offences are committed with a vehicle
registered in a Member State other than the Member State where the
offence took place.
Article 2
Scope
This Directive shall
apply to the following road safety related traffic offences:
(a)         
speeding;
(b)         
non-use of a seat-belt;
(c)         
failing to stop at a red traffic light;
(d)        
drink-driving;
(e)         
driving under the influence of drugs;
(f)          
failing to wear a safety helmet;
(g)         
use of a forbidden lane;
(h)         
illegally using a mobile telephone or any other
communi­cation devices while driving.
Article 3
Definitions
For the
purposes of this Directive, the following
definitions shall apply:
(a)         
'vehicle' means any power-driven vehicle including
motor­cycles, which is normally used for carrying persons or goods by road;
(b)         
'Member State of the offence' means the Member State where the offence has been committed;
(c)         
'Member State of registration' means the Member State where the vehicle with which the offence has been committed is registered;
(d)        
'speeding' means exceeding speed limits in force
in the State of offence for the road or type of vehicle concerned;
(e)         
'non-use of a seat-belt' means failing to comply
with the requirement to wear a seat-belt or use a child restraint in accordance
with Council Directive 91/671/EEC[17] and the law of the
Member State of the
offence;
(f)          
'failing to stop at a red traffic light' means
driving through a red traffic light or any other relevant stop signal, as
defined in the law
of the Member State of the offence;
(g)         
'drink-driving' means driving
while impaired by alcohol, as defined in the
law of the Member State of the offence;
(h)         
'driving under the influence of drugs' means driving
while impaired by drugs or other substances having a similar effect, as defined
in the law of the
Member State of the
offence;
(i)           
'failing to wear a safety helmet'
means not wearing a safety helmet, as defined in the law of the
Member State
of the offence;
(j)           
'use of a forbidden lane' means
illegally using part of a road section, such as an emergency lane, public
transport lane or temporary closed lane for reasons of congestion or road
works, as defined in the law of the Member
State of the offence;
(k)         
'illegally using a mobile
telephone or any other communication devices while driving' means illegally
using a mobile telephone or any other communication devices while driving, as
defined in the law of the Member State of the
offence;
(l)           
'national contact point' means a
designated competent authority for the exchange of VRD;
(m)       
'automated search' means an
online access procedure for consulting the databases of one, several, or all of
the Member States or of the
participating countries;
(n)         
'holder of the vehicle' means the person in whose
name the vehicle is registered, as defined in the law of the Member State of registration.
Article 4 
Procedure
for the exchange of information between Member States
1.         For
the investigation of the road safety related traffic offences referred to in
Article 2, the Member States shall allow other Member States' national contact
points, as referred to in paragraph 2 of this Article, access to the
following national VRD,
with the power to conduct automated searches on:
(a)         
data relating to vehicles; and
(b)         
data relating to owners or holders of the
vehicle.
The data elements referred to in points (a) and (b)
which are necessary to conduct the search shall be in compliance with Annex I.
2.         For
the purposes of the exchange of data as referred to in paragraph 1, each Member State shall designate a national contact point. The powers of the national contact
points shall be governed by the applicable law of the Member State concerned. 
3.         Any
searches in the form of outgoing requests shall be conducted by the national
contact point of the Member State of the offence using a full registration
number.
Those searches shall be conducted in compliance with
the procedures described in points 2 and 3 of Chapter 3 of the Annex to
Decision 2008/616/JHA.
The Member State of the offence shall, under this
Directive, use the data obtained in order to establish who is personally liable
for road safety related traffic offences listed in Article 2.
4.         Member
States shall take all necessary measures to ensure that the exchange of
information is carried out by interoperable electronic means without exchange
of data involving other databases. Member States shall ensure that this
exchange of information is conducted in a cost efficient and secure manner and
ensure the security and protection of the data transmitted, as far as possible
using existing software applications such as the one referred to in Article 15 of
Decision 2008/616/JHA, and amended versions of those software applications. The
amended versions of the software applications shall provide for both online
real-time exchange mode and batch exchange mode, the latter allowing for the
exchange of multiple requests or responses within one message.
5.         Each
Member State shall bear its costs arising from the administration, use and
maintenance of the software applications referred to in paragraph 4.
Article 5
Information
letter on the road safety related traffic offences
1.         The
Member State of the offence shall decide whether to initiate follow-up
proceedings in relation to the road safety related traffic offences listed in
Article 2 or not.
In the event that the Member State of the offence
decides to initiate such proceedings, that Member State shall, in conformity
with its national law, inform the owner, the holder of the vehicle or the
otherwise identified person suspected of committing the road safety related
traffic offence accordingly.
This information shall, as applicable under national
law, include the legal consequences thereof within the territory of the Member State of the offence under the law of that Member State.
2.         When
sending the information letter to the owner, the holder of the
vehicle or the otherwise identified person suspected
of committing the road
safety related traffic offence, the Member
State of the offence shall, in accordance with its law, include any relevant
information, notably the nature
of this road safety related traffic offence, the place, date and time of the
offence, the title of the texts of the national law infringed and the
sanction and, where appropriate, data concerning the
device used for detecting the offence. For that purpose, the
Member State
of the offence may use the
template as set out in Annex II.
3.         Where
the Member State of the
offence decides to initiate follow-up proceedings in relation to the road
safety related traffic offences listed in Article 2, the
Member State of the
offence, for the purpose of ensuring the respect of fundamental
rights, sends the information letter in the language of the
registration document of the vehicle, if available,
or in one of the official languages of the Member State of registration.
Article 6 
Reporting
by Member States to the Commission
Member States shall send a comprehensive report to the
Commission by 6 May
2016 and every two years
thereafter.
This comprehensive report shall indicate the number
of automated searches conducted by the Member
 State of the offence addressed to the national contact point of the Member State of registration following offences committed on its territory, together with
the type of offences for which requests were addressed and the number of failed
requests.
The comprehensive report shall also include a
description of the situation at national level in relation to the
follow-up given to the road safety related traffic
offences, based on the proportion
of such offences which have been followed up by
information letters.
Article 7
Data
protection
1.         The
provisions on data protection set out in Directive 95/46/EC shall apply to
personal data processed under this Directive.
2.         In
particular, each Member State shall ensure that personal data processed under
this Directive are, within an appropriate time period, rectified if inaccurate,
or erased or blocked when they are no longer required, in accordance with Articles
6 and 12 of Directive 95/46/EC, and that a time limit for the storage of data
is established in accordance with Article 6 of that Directive.
Member
States shall ensure that all personal data processed under this Directive are
only used for the objective set out in Article 1, and that the data subjects
have the same rights to information to access, to rectification, erasure and
blocking, to compensation and to judicial redress as those adopted under
national law in implementation of relevant provisions of Directive 95/46/EC.
3.         Any person concerned shall have the right to obtain
information on which personal data recorded in the Member State of registration
were transmitted to the Member State of the offence, including the date of the
request and the competent authority of the Member State of the offence.
Article 8
Information
for road users in the Union
1.         The
Commission shall make available on its website a summary in all official
languages of the institutions of the Union of the rules in force in Member
States in the field covered by this Directive. Member States shall provide
information on these rules to the Commission.
2.         Member
States shall provide road users with the necessary information about the rules applicable
in their territory and the measures implementing this Directive in association
with, among other organisations, road safety bodies, non-governmental
organisations active in the field of road safety and automobile
clubs.
Article 9 
Delegated
acts
The Commission shall be empowered to adopt delegated
acts in accordance with Article 10 concerning the update of Annex I in the
light of technical progress to take into account relevant changes to Decisions 2008/615/JHA
and 2008/616/JHA or where required by legal acts of the Union directly relevant
for the update of Annex I.
Article 10 
Exercise of
the delegation
1.         The
power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.
2.         The
power to adopt delegated acts referred to in Article 9 shall be conferred on
the Commission for a period of five years from [the date of the publication of
this Directive]. The Commission shall draw up a report in respect of the
delegation of power not later than nine months before the end of the five-year
period. The delegation of power shall be tacitly extended for periods of an
identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3.         The
delegation of power referred to in Article 9 may be revoked at any time by the
European Parliament or by the Council. A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect on
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force. 
4.         As
soon as it adopts a delegated act, the Commission shall notify it
simultaneously to the European Parliament and to the Council.
5.         A
delegated act adopted pursuant to Article 9 shall enter into force only if no
objection has been expressed either by the European Parliament or the Council
within a period of two months of notification of that act to the European
Parliament and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the Commission that they
will not object. That period shall be extended by two months at the initiative
of the European Parliament or of the Council.
Article 11
Revision of
the Directive
By 7 November 2016, the Commission shall submit a
report to the European Parliament and the Council on the application of this
Directive by the Member States. In its report, the Commission shall focus in
particular on the following
aspects and shall, as appropriate, make proposals to cover those aspects:
–                        
an assessment of whether other
road safety related traffic offences should be added to the scope of this
Directive,
–                        
an assessment of the
effectiveness of this Directive on the reduction in the number of fatalities on
Union roads,
–                        
an assessment of the need for
developing common standards for automatic checking equipment and for
procedures. In this context, the Commission is invited to develop at Union
level road safety guidelines within the framework of the common transport
policy in order to ensure greater convergence of the
enforcement of road traffic rules by Member States
through comparable methods and practices. These guidelines may cover at least the
non-respect of speed limits, drink-driving, non-use
of seat belts and failure to stop at a red traffic light,
–                        
an assessment of the need to
strengthen the enforcement of sanctions with regard to road safety related
traffic offences and to propose common criteria concerning the follow-up
procedures in the case of non-payment of a financial penalty, within the
framework of all relevant Union policies,
including the common transport policy,
–                        
possibilities to harmonise
traffic rules where appropriate,
–                        
an assessment of the software
applications as referred to in Article 4(4), with
a view to ensuring proper implementation of this Directive as well as
guaranteeing an effective, expeditious, secure and confidential exchange of
specific VRD.
Article 12
Transposition
1.         Member
States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive by 6
May 2015. They
shall forthwith communicate to the Commission the text of those provisions.
When Member States adopt those provisions, they
shall contain a reference to this Directive or be accompanied by such a
reference on the occasion
of their official publication. Member States shall determine how such reference
is to be made.
2.         Member
States shall communicate to the Commission
the text of the main provisions of national law which they adopt in the field
covered by this Directive.
Article 13
Entry into
force
This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the European
Union. 
Article 14
Addressees
This
Directive is addressed to the Member States.. 
Done at Brussels,
For the European Parliament                        For
the Council
The President                                                 The
President
[1]               http://ec.europa.eu/smart-regulation/impact/ia_carried_out/docs/ia_2008/sec_2008_0351_2_en.pdf
[2]               OJ C 77, 31.03.2009, p.
70-72
[3]               OJ C 310, 5.12.2008 p. 9
[4]               OJ L 281, 23.11.1995, p. 31.
[5]               OJ C […], […], p. […].
[6]               OJ C […], […], p. […].
[7]               Council Decision 2008/615/JHA of 23 June 2008 on the
stepping up of cross-border cooperation, particularly in combating terrorism
and cross-border crime (OJ L
210, 6.8.2008, p.
1).
[8]               Council Decision 2008/616/JHA of 23 June 2008 on the
implementation of Decision 2008/615/JHA on the stepping up of cross-border
cooperation, particularly in combating terrorism and cross-border crime (OJ
L 210, 6.8.2008, p.
12).
[9]               Directive 2011/82/EU of the European Parliament and
of the Council of 25 October 2011 facilitating the cross-border exchange of
information on road safety related traffic offences (OJ L 288, 5.11.2011, p.
1).
[10]             Judgement in Commission v Parliament and Council,
C-43/12, EU:C:2014:298.
[11]             Council Framework Decision 2005/214/JHA of 24 February
2005 on the application of the principle of mutual recognition to financial
penalties (OJ L
76, 22.3.2005, p.
16).
[12]             Directive 2010/64/EU of the European Parliament and of
the Council of 20 October 2010 on the right to interpretation and translation
in criminal proceedings (OJ
L 280, 26.10.2010, p.
1).
[13]             Directive 95/46/EC of the European Parliament and of
the Council  of 24 October 1995 on the protection of individuals with regard to
the processing of personal data and on the free movement of such data (OJ L
281, 23.11.1995, p. 31).
[14]             OJ C 369, 17.12.2011, p. 14.
[15]             Regulation (EC) No 45/2001 of the European Parliament
and of the Council of 18 December 2000 on the protection of individuals with
regard to the processing of personal data by the Community institutions and
bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
[16]             [...]
[17]             Council Directive 91/671/EEC of 16 December 1991
relating to the compulsory use of safety belts and child-restraint systems in
vehicles (OJ
L 373,
31.12.1991, p. 26).
ANNEXES
to the
Proposal for a Directive of the
European Parliament and of the Council
facilitating cross-border exchange
of information on road safety related traffic offences
Annex I
Data elements necessary to conduct the
search referred to in Article 4(1)
 Item || M/O (1) || Remarks 
 Data relating to the vehicle || M ||   
 Member State of registration || M ||   
 Registration number || M || (A (2)) 
 Data relating to the offence || M ||   
 Member State of the offence || M ||   
 Reference date of the offence || M ||   
 Reference time of the offence || M ||   
 Purpose of the search || M || Code indicating the type of offence as listed in Article 2 1     = Speeding 2     = Drink-driving 3     = Non-use of a seat belt 4     = Failing to stop at a red traffic light 5     = Use of a forbidden lane 10    = Driving under the influence of drugs 11    = Failing to wear a safety helmet 12    = Illegally using a mobile phone or any other communication devices while driving 
(1)               
M = mandatory
when available in national register, O = optional.
(2)               
Harmonised code, see Council Directive 1999/37/EC
of 29 April 1999 on the registration documents for vehicles (OJ L 138,
1.6.1999, p. 57).
Data elements provided as a result of
the search conducted pursuant to Article 4(1)
Part I. Data relating to vehicles
 Item || M/O (1) || Remarks 
 Registration number || M ||   
 Chassis number/VIN || M ||   
 Member State of registration || M ||   
 Make || M || (D.1 (2)) e.g. Ford, Opel, Renault 
 Commercial type of the vehicle || M || (D.3) e.g. Focus, Astra, Megane 
 EU Category Code || M || (J) e.g. mopeds, motorbikes, cars 
 (1)                M = mandatory when available in national register, O = optional. (2)                Harmonised code, see Directive 1999/37/EC. 
   Part II. Data relating to holders or owners of the vehicles Item || M/O (1) || Remarks 
 Data relating to holders of the vehicle ||   || (C.1 (2)) The data refer to the holder of the specific registration certificate. 
 Registration holders' (company) name || M || (C.1.1) Separate fields shall be used for surname, infixes, titles, etc., and the name in printable format shall be communicated. 
 First name || M || (C.1.2) Separate fields for first name(s) and initials shall be used, and the name in printable format shall be communicated. 
 Address || M || (C.1.3) Separate fields shall be used for Street, House number and Annex, Post code, Place of residence, Country of residence, etc., and the Address in printable format shall be communicated. 
 Gender || O || Male, female 
 Date of birth || M ||   
 Legal entity || M || Individual, association, company, firm, etc. 
 Place of Birth || O ||   
 ID Number || O || An identifier that uniquely identifies the person or the company. 
 Data relating to owners of the vehicle ||   || (C.2) The data refer to the owner of the vehicle. 
 Owners' (company) name || M || (C.2.1) 
 First name || M || (C.2.2) 
 Address || M || (C.2.3) 
 Gender || O || Male, female 
 Date of birth || M ||   
 Legal entity || M || Individual, association, company, firm, etc. 
 Place of Birth || O ||   
 ID Number || O || An identifier that uniquely identifies the person or the company. 
   ||   || In case of scrap vehicles, stolen vehicles or number plates, or outdated vehicle registration no owner/holder information shall be provided. Instead, the message 'Information not disclosed' shall be returned. 
(1)               
M = mandatory when available in national
register, O = optional.
(2)               
Harmonised code, see Directive 1999/37/EC.
Annex II
TEMPLATE FOR THE
INFORMATION LETTER
referred to in Article 5 
[Cover page]
…………………………………………………………………………………………………………………………………………………………….
[Name, address and telephone number of sender]
…………………………………………………………………………………………………………………………………………………………………………………
[Name and address of addressee]
INFORMATION LETTER
regarding a road safety related traffic offence
committed in ................................................................................................. 
[name of the Member State of the offence]
Page 2
On ...................................  a road safety related traffic
offence committed with the vehicle with registration
[date]
number................................................. make .................................................. model ................................................ 
was detected by........................................................................................................................................................... 
 [name of the responsible body]
[Option 1] (1)
You are registered as the holder of the
registration certificate of the abovementioned vehicle.
[Option 2] (1)
The holder of the registration certificate of the abovementioned vehicle
indicated that you were driving that vehicle when the road safety related
traffic offence was committed.
The relevant details of the offence are described
on page 3 below.
The amount of the financial penalty due for this
offence is ...............................................................  EUR/national currency.
Deadline for the payment is ............................................................................................................................................ 
You are
advised to complete the attached reply form (page 4) and send It to the address shown, if you do not
pay this financial penalty.
This letter shall be processed in accordance with
the national law of .................................................................................... 
[name of the Member State of the offence].
Page 3
Relevant details concerning the offence
(a) Data concerning the vehicle with which the offence has
been committed:
Registration number: ...................................................................................... 
Member State of registration: ........................................................................... 
Make and model: ........................................................................................... 
(b) Data concerning the offence:
Place, date and time
where the offence has been committed:
…………………………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………………….
Nature and legal classification of the offence:
…………………………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………………….
speeding,
non-use of a seatbelt, failing to stop at a red traffic light, drink-driving,
driving under the influence of drugs, failing to wear a safety helmet, use of a
forbidden lane, illegally using a mobile telephone or any other communication
device while driving (1)
Detailed description of the offence:
…………………………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………………….
Reference to the relevant legal provision(s):
…………………………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………………….
Description of or reference to the evidence for the offence:
…………………………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………………….
(c) Data concerning the device that has been used for
detecting the offence (2):
Type of device
for detection of speeding, non-use of a seatbelt, failing to stop at a red
traffic light, drink-driving, driving under the influence of drugs, failing to wear
a safety helmet, use of a forbidden lane, illegally using a mobile telephone or
any other communication devices while driving (1):
Specification of the device:
……………………………………………………………………………………………………………………………………………………………………
Identification number of the device:
…………………………………………………………………………………………………………………………………………………………………….
Expiry date for the last gauging:
…………………………………………………………………………………………………………………………………………………………………….
(d) The result of the application of the device:
…………………………………………………………………………………………………………………………………………………………………………
[example for speeding; other offences to be
added:]
The maximum speed:
…………………………………………………………………………………………………………………………………………………………………..
The measured speed:
…………………………………………………………………………………………………………………………………………………………………..
The measured speed corrected for margin of error:
…………………………………………………………………………………………………………………………………………………………………..
_______________
(1)       Delete if not applicable.
(2)       Not applicable if no device has been
used.
Page 4 
Reply form
(please
complete using block capitals)
A. Identity of
the driver:
— Full name: …………………………………………... …………………………………………………………………………..…………….
— Place and date
of birth: ……………………………….................................................. …………………………………………...
— Number of driving licence: .............................  delivered
(date): ............................  and at (place):………………………….
— Address:…………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………………..
B. List of
questions:
1.  Is the vehicle,
make................................................................ 
registration number …… registered in your name?    yes/no (1)
If not, the holder of the registration certificate is: ..................................................................................................... ….
(name, first
name, address)
2.  Do you
acknowledge that you committed the offence?................. ……………………………………………………………..yes/no
(1)
3.  If you do not
acknowledge this, please explain why:
Please send the completed form within 60 days from the date of this information letter to
the following authority:…........................
at the following address: ....................................................................................................................................... ………....
INFORMATION
This case will be examined by the competent authority of .......................................................................................... ……….
[name of the Member State of the offence]
If this case is not pursued, you will be informed
within 60 days after
receipt of the reply form.
___________________
(1)       Delete if not applicable.
If this case is pursued, the following procedure applies:
………………………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………….
[to be filled in by the Member State of the offence — what the further procedure will be, including details of the possibility
and procedure of appeal against the decision to pursue the case. These details
shall in any event include: name and address of the authority in charge of
pursuing the case; deadline for payment; name and address of the body of appeal
concerned; deadline for appeal].
This letter as such does not lead to legal consequences.
__________