What changed

14.5.2025

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PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS

Symbols for procedures

Subject: Proposal for a directive of the European Parliament and of the Council on certain driving disqualifications, amending [NEW DIRECTIVE ON DRIVING LICENCES]

* Consultation procedure

(COM(2023)0128 – C100036/2023 – 2023/0055(COD))

*** Consent procedure

The interinstitutional negotiations on the aforementioned proposal for a directive have led to a compromise. In accordance with Rule 75(4) of the Rules of Procedure, the provisional agreement reproduced below is submitted to the Committee on Transport and Tourism for decision by way of a single vote.

***I Ordinary legislative procedure (first reading)

2023/0055 (COD)

***II Ordinary legislative procedure (second reading)

Proposal for a

***III Ordinary legislative procedure (third reading)

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

(The type of procedure depends on the legal basis proposed by the draft act.)

on certain driving disqualifications, amending [NEW DIRECTIVE ON DRIVING LICENCES]

Amendments to a draft act

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Amendments by Parliament set out in two columns

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1), point (c), thereof,

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

Having regard to the proposal from the European Commission,

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

After transmission of the draft legislative act to the national parliaments,

Amendments by Parliament in the form of a consolidated text

Having regard to the opinion of the European Economic and Social Committee,

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

Having regard to the opinion of the Committee of the Regions,

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Acting in accordance with the ordinary legislative procedure,

on the proposal for a Directive of the European Parliament and of the Council on the Union-wide effect of certain driving disqualifications

Whereas:

(COM(2023)0128 – C9-0036/2023 – 2023/0055(COD))

(1) Improving road safety is a primary objective of the Union’s transport policy. In its EU Road Safety Policy Framework 2021-2030, the Commission recommitted to the ambitious goal to get close to zero deaths and zero serious injuries on Union roads by 2050 (“Vision Zero”), as well as to the medium-term aim to reduce deaths and serious injuries by 50% by 2030.

(Ordinary legislative procedure: first reading)

(2) In order to achieve the goal of improving road safety, the Transport Ministers of the Member States, in the 2017 Valetta Declaration on Road Safety of 29 March 2017, called for the strengthening of the Union’s road safety legal framework, with a particular focus on the need for Member States to cooperate in the matter of driving disqualifications of non-resident drivers.

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0128),

(3) As a result of the free movement of persons and increasing international road traffic, driving disqualifications are frequently imposed by Member States other than the one where the driver normally resides, and which issued the driving licence.

– having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0036/2023),

(4) So far, a Member State other than the one where the driver normally resides can take measures, in accordance with its national legislation, and as a result of unlawful conduct in its territory by the holder of a driving licence obtained in another Member State. Such measures result in refusing to recognise the validity of driving licences issued by other Member States and, therefore, in a restriction of the right to drive of the person concerned. However, the scope of those measures is limited to the territory of the Member State where the unlawful conduct took place and their effect is limited to the refusal to recognise the validity of that licence within that territory. Accordingly, in the absence of any action by the Member State that issued the driving licence, that driving licence continues to be recognised in all other Member States. Such a scenario however prevents achieving a higher level of road safety in the Union. Drivers disqualified from driving in a Member State other than the one which issued the driving licence should not escape the effects of such measure when present in a Member State other than that of the offence.

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

(5) In order to ensure a high level of protection for all road users in the Union, it is necessary to lay down specific rules for the implementation of driving disqualifications imposed by a Member State other than the one that issued the driving licence of the offender, which result from driving offences, within the scope of this Directive.

– having regard to the opinion of the European Economic and Social Committee of 14 June 2023,

(6) However, the implementation of this Directive should not require the harmonisation of national rules concerning the definition of road traffic offences, their legal nature and the applicable sanctions for such offences. In particular, the implementation of driving disqualifications in the Member State of issuance should be pursued regardless of the qualification of the national measures in the Member State of the offence as administrative or criminal. In line with the principle of procedural autonomy, Member States should establish their internal procedures, within the boundaries of their national legislation, to achieve the fastest and most efficient implementation of this Directive.

– after consulting the Committee of the Regions,

(7) This Directive should be without prejudice to the rules on police and judicial cooperation in criminal matters, and on mutual recognition of related judicial decisions. Also, it should not affect the possibility of the judicial authorities of the Member States to execute decisions they have issued, in particular decisions of criminal nature. In particular, this Directive should not affect the rights and obligations stemming from Council Framework Decision 2008/947/JHA and Council Framework Decision 2005/214/JHA , or the rights of suspects and accused persons as provided for in Directive 2010/64/EU , Directive 2012/13/EU , Directive 2013/48/EU , Directive (EU) 2016/343 , Directive (EU) 2016/800 and Directive (EU) 2016/1919 of the European Parliament and of the Council .

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

(8) The precise aim of this Directive is to enable the Union to pursue the goal of improving road safety across the Union. As the Court of Justice has held, measures seeking to improve road safety form part of transport policy and may be adopted on the basis of Article 91(1), point (c), of the Treaty, in so far as they are ‘measures to improve transport safety’ within the meaning of that provision.

– having regard to the report of the Committee on Transport and Tourism (A9-0410/2023),

(9) Driving disqualifications resulting from driving disqualification offences within the scope of this Directive can consist in the withdrawal, restriction or suspension of the driving licence or the right to drive of the offender. Therefore it should be through the application of these measures by the Member State which issued the driving licence, that the implementation of the driving disqualification should be achieved in the Union.

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

(9a) The commission of an offence, however, is not the sole reason that can lead to the withdrawal, suspension or restriction of a driving licence. Other reasons, such as not fulfilling the standards laid down in Annex III of the [NEW DLD], can also lead to the withdrawal, suspension or restriction of the driving licence. As the [NEW DLD] regulates such minimum standards, the definitions relating to those terms should clarify that they cover all cases resulting in the withdrawal, suspension or restriction of a driving licence not just the ones that are stemming from the commission of an offence.

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

(10) As drink-driving (namely driving with a blood alcohol level that surpasses the maximum value allowed by the law), speeding (that is to say exceeding the speed limits in force for the road or type of vehicle concerned) and driving under the influence of drugs constitute the leading causes of road traffic crashes and fatalities within the Union, the highest possible diligence should be provided for cases relating to those offences which should thus be considered as ‘driving offences’ for the purposes of this Directive. Furthermore, given their seriousness, road traffic offences which result in the death or serious bodily injury of the victim should also be considered as driving offences within the scope of this Directive. A driving disqualification requires the precise identification of the driver who committed a driving offence within the scope of this Directive and should not be decided on the basis of objective liability such as being the holder of the vehicle.

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(10a) Driving disqualifications should only be notified to the Member State of issuance in accordance with the provisions of this Directive if they were imposed due to the commission of a driving offence as defined by this Directive.

Amendment 1

(11) Driving disqualifications imposed by a Member State on a person who holds a driving licence issued by another Member State, should have effects across the entire territory of the Union, in similar terms as driving disqualifications imposed with respect to persons who hold driving licences issued by that Member State already have. Also in view of the principle of procedural autonomy, Member States should be free to decide how to best achieve that result in accordance with their national law.

Proposal for a directive

(12) The Member State which imposed the driving disqualification (“Member State of the offence”) should notify without undue delay the Member State that issued the driving licence of the person concerned (“Member State of issuance”) of any driving disqualification imposed for a duration of at least three months on such person and for which, at the moment of the notification, the remaining period of the suspension or of the restriction to be served pursuant to the driving disqualification is more than one month, in order to trigger the procedures necessary to ensure the implementation of the driving disqualification in the Member State of issuance. Such notification should be transmitted in electronic form by means of a standard certificate, in order to ensure a seamless, reliable and effective exchange of information between the Member States.

Recital 6

(13) The standard certificate should contain a minimum set of data allowing for the proper implementation of this Directive, in particular the authority of the Member State of the offence imposing the driving disqualification, the driving offence committed, the resulting driving disqualification, and the person concerned. To that end, the Commission should update the codes included in Annex I, Part E pursuant to a delegated act under this Directive, in order for them to be available well before the date of transposition of this Directive. Through providing only for this information the standard certificate can guarantee effectiveness without obliging Member States to share not proportionate or excessive amounts of information.

Text proposed by the Commission

(13a) Such certificate should also be translated into an official language of the Member State of issuance or to any other language that the Member State of issuance has accepted, in order to ensure quick processing by the addressee.

Amendment

(14) The imposition of driving disqualifications as a consequence of unlawful conducts contributes to guaranteeing a high level of road safety within the Union. Based on the principle of mutual recognition of driving licences issued in the Member States, measures concerning the withdrawal, cancellation, suspension or restriction of a driving licence issued by the Member State of issuance can automatically be enforced by all other Member States, given that the offender cannot present a valid document to verify his or her driving rights. Therefore, upon notification of the imposed driving disqualification, and unless a ground for exemption applies or is invoked, the Member State of issuance should take the appropriate measures to implement the driving disqualification.

(6) However, the implementation of this Directive should not require the harmonisation of national rules concerning the definition of road traffic offences, their legal nature and the applicable sanctions for such offences. In particular, the Union-wide effect of driving disqualifications should be pursued regardless of the qualification of the national measures in the Member State of offence as administrative or criminal.

(15) The measure taken by the Member State of the issuance should vary depending on the specific nature of the driving disqualification. Given that a withdrawal, suspension or restriction of a driving licence or right to drive necessarily have different consequences, they require different procedures to be implemented in compliance with the competences of the Member States involved. In particular, specifically as regards withdrawal, the person concerned should be able to recover the right to drive or the driving licence or apply for a new one in accordance with the provisions of the [NEW DIRECTIVE ON DRIVING LICENCES]. Where the possibility of a withdrawal is not provided in the Member State of issuance, the Member State of issuance should suspend the driving licence, assess the fitness or competence to drive of the driver, and take any measure deemed appropriate following that assessment. As regards suspension or restriction, it should be ensured that only the duration of such measures is implemented, even where the driving disqualification provides for complementary conditions because the primary goal of those measures is to temporarily or partially prevent the person concerned from driving and not to determine how that person should recover her or his right to drive in the Member State of issuance. However this should be without prejudice to the right to assess whether the person concerned by the driving disqualification poses a risk to road safety and to adopt measures according to such assessment.

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

(15a) The Member State of issuance should aim, within the existing legal limits of national rules, to ensure that the measures taken with regard to driving disqualifications concur to the greatest extent possible with the corresponding measures imposed by the Member State of the offence.

Amendment 2

(15b) Where a Member State imposes a driving disqualification on a person having normal residence in that Member State, but holding a driving licence issued by another Member State, the former is entitled to exchange the licence for the purpose of applying that driving disqualification. Where the Member State of the offence withdraws the driving licence of a person having normal residence in a Member State other than the Member State of issuance, the Member State of normal residence should be responsible for issuing a new driving licence, taking into account the information made available in the EU driving licence network, as referred to in the [new driving licence directive], by the Member State of issuance.

Proposal for a directive

(16) The Member State of the offence should be able to continue to apply, in accordance with its national rules and with effects limited to its territory, driving disqualifications and any complementary conditions set thereunder until the person concerned complies with them. The Member State of the offence may also impose requirements concerning the lapse of a fixed period of time, such as periods of prohibition for re-issuing or obtaining a new driving licence which should not be considered as complementary conditions within the meaning of this Directive. During such a period of prohibition, the Member State of the offence may decide not to recognize the validity of the driving licence, that was re-issued or newly obtained in the Member State of issuance. However, after the lapse of such a period of prohibition, the validity of a driving licence issued by the Member State of issuance, including if it was issued during such a period, should be recognized by the Member State of the offence.

Recital 10

(16a) This Directive should be without prejudice to the provisions of the [NEW Directive on Driving Licences], stating that a driving licence should be considered as restricted, suspended, withdrawn, or cancelled as long as the person concerned is yet to fulfil any conditions, imposed by the Member State of issuance, with which that person must comply with in order to be able to recover the driving licence or to be able to apply for a new one. In case a driving licence is mistakenly issued to an applicant who has yet to fulfill any such conditions, Member States should be able to refuse its recognition, also after the end of a period of prohibition.

Text proposed by the Commission

(17) Where the Member State of issuance has adopted measures to implement the driving disqualification and, following that, has reassessed whether the person concerned is suitable to recover a driving licence or the right to drive, that assessment should be recognised across the entire Union and therefore also in the Member State of the offence, if applicable, after a fixed period of time imposed as part of the driving disqualification by the Member State of the offence has passed.

Amendment

(18) The application of measures by the Member State of issuance should serve the purpose of ensuring that a driving disqualification is implemented and should not require a new assessment of the facts that lead to the disqualification.

(10) As drink-driving (namely driving with a blood alcohol level that surpasses the maximum value allowed by the law), speeding (that is to say exceeding the speed limits in force for the road or type of vehicle concerned) and driving under the influence of drugs constitute the leading causes of road traffic crashes and fatalities within the Union, the highest possible diligence should be provided for cases relating to those offences, which should thus be considered as ‘major road-safety-related traffic offences’ for the purposes of this Directive. Furthermore, given their seriousness, road traffic offences which result in the death or serious bodily injury of the victim, should also be considered as major offences.

(18a) In order to guarantee that the implementation of a driving disqualification is not contrary to the principle of proportionality, fundamental rights or exceptions provided for in the law of the Member State of issuance, it is appropriate to lay down certain grounds that exempt the Member State of issuance from the obligation of adopting measures. Member States might decide in respect of the grounds for exemption that are not mandatory that such grounds should either be systematically assessed by the competent authority or should be assessed only in case there is a substantial reason to believe that they might apply. In any case, the person concerned by the driving disqualification should always have the possibility to seek legal remedy concerning the assessment and the application of the grounds for exemption by the Member State of issuance, in accordance with its national law.

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

(18b) Moreover, to facilitate lawful conduct it should be recalled that digitalisation of road traffic rules supports real-time traffic information services enabling drivers to respect national traffic regulations, also when driving abroad. Directive 2010/40/EU (“ITS Directive”) requires Member States to ensure that static and dynamic data as regards speed limits applicable to the comprehensive trans-European network for roads, other motorways and sections of primary roads, as well as to cities at the centre of urban nodes, under certain conditions, are available and accessible via National Access Points by 31 December 2028. The ITS Directive also encourages Member States to make data on speed limits accessible for other parts of their road network. It also contains a review clause, on the basis of which, the Commission shall review the progress made with regard to the availability and the accessibility of data, among others, and propose where appropriate to adapt the geographical coverage of certain data types considered crucial by 31 December 2028.

Amendment 3

(19) In the interest of road safety and in order to provide legal certainty for the person concerned and for the Member State of the offence, the Member State of issuance should implement the driving disqualification or apply a ground for exemption without undue delay, and in any case within the time-limits, if any, prescribed under national rules to impose a driving disqualification. The Member State of issuance should inform the Member State of the offence about the period and reason for delay.

Proposal for a directive

(20) The proper implementation of this Directive presupposes close, swift and effective communication between the competent national authorities involved. The competent national authorities of the Member States should consult each other whenever necessary for the implementation of this Directive. All communications between the Member State of the offence and the Member State of issuance for the purpose of implementing a driving disqualification should be made through the EU driving licence network as referred to in the [new driving licence directive] and the Commission should ensure that the network is equipped with the necessary resources to fulfil this task. Moreover, in specific well-defined cases, both the Member State of issuance and Member State of the offence should provide each other with important information in relation to the application of this Directive without delay. The competent national authorities of the Member States should consult each other whenever necessary for the implementation of this Directive. This should be the case for the adoption of measures implementing driving disqualifications, decisions taken on grounds of exemption, the completion of the driving disqualifications and for any circumstances affecting the originally imposed driving disqualifications, such as the review by the national authorities of the originally imposed driving disqualification by the Member State of the offence or the fulfillment of the complementary conditions by the person concerned by the driving disqualifications in the Member State of the offence. see line 44df.

Recital 12

(20a) The Member State of issuance should inform the person concerned, to the extent possible, no later than 20 working days after the reception of the notification in accordance with the procedures under its national law.

Text proposed by the Commission

(21) After implementing the driving disqualification, the Member State of issuance should inform the person concerned, within the deadlines foreseen for the notification of similar decisions under its national legislation of the adoption of measures, in particular in order to allow the exercise of fundamental rights.

Amendment

(22) Member States should ensure that adequate legal remedies against measures taken pursuant to this Directive are in place, and that information about such remedies is provided when those remedies become applicable, and in due time to ensure that they can be exercised effectively. However, the driving disqualification decided by the Member State of the offence cannot be challenged in an action brought in the Member State of issuance.

(12) The Member State which imposed the driving disqualification (“Member State of the offence”) should notify the Member State that issued the driving licence of the person concerned (“Member State of issuance”) of any driving disqualification imposed for a duration of one month or more on such person, in order to trigger the procedures necessary to ensure the Union-wide effect of the driving disqualification. Such notification should be transmitted by means of a standard certificate, in order to ensure a seamless, reliable and effective exchange of information between the Member States.

(23) The protection of natural persons in relation to the processing of their personal data is a fundamental right. In accordance with Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the Treaty, everyone has the right to the protection of personal data concerning them. The relevant Union legislation, namely Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council, should apply to the processing of personal data in the context of this Directive in accordance with their respective scope of application.

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

(24) This Directive establishes the legal basis for the exchange of personal data for the purpose of implementing driving disqualifications imposed by a Member State, other than the Member State of issuance. This legal basis is in line with Article 6(1)(c) and, where applicable, Article 10 of Regulation 2016/679, and Article 8 of Directive 2016/680. The personal data to be exchanged with the Member State of issuance should be limited to what is necessary to comply with the obligations laid down in this Directive.

Amendment 4

(25) In order to ensure the seamless, reliable and effective exchange of information, each Member State should designate national contact point(s) for the purposes of this Directive. They should further ensure that their respective national contact points cooperate with the authorities competent for the enforcement of the driving disqualifications covered by this Directive, in particular to ensure that all necessary information is shared in due time.

Proposal for a directive

(25a) Member States might designate one or multiple national contact points and competent authorities to fulfill the tasks necessary for the implementation of this Directive and they might define the rules for cooperation amongst those national entities, in order to facilitate the efficient implementation of this Directive.

Recital 13

(25b) In the interest of effective enforcement, Member States should ensure that the competent authorities check the right to drive, especially when there is a doubt whether the driver concerned is under the effect of a disqualification, taking into account the cases when driving licences were not physically collected.

Text proposed by the Commission

(26) Member States should regularly collect statistics on the application of this Directive, and send them to the Commission, initially four years after the entry into force of this Directive and then every five years.

Amendment

(26a) National penalty point schemes under which a holder of a driving licence loses or accumulates points in relation to the commission of certain offences are not covered by this Directive. Member States adopt different approaches, such as imposing stricter penalties immediately or focusing more on targeted enforcement and prevention campaigns. When carrying out its review of this Directive, the Commission should assess how to improve road safety and facilitate Member States in tackling multiple challenges without prioritizing any system.

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

(29) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to establish the format and content of the standard certificate for notifying a driving disqualification. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

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

(30) Since the objectives of this Directive, namely to implement decisions imposing driving disqualifications which result from driving offences within the scope of this Directive, with the goal to improve the levels of road safety across the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of this Directive, 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 those objectives.

Amendment 5

(30a) The [new Directive on Driving Licences] should therefore be amended accordingly.

Proposal for a directive

(31) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on 14 June 2023,

Recital 20

HAVE ADOPTED THIS DIRECTIVE:

Text proposed by the Commission

Article 1

Amendment

[NEW DIRECTIVE ON DRIVING LICENCES] is amended as follows:

(20) The proper implementation of this Directive presupposes close, swift and effective communication between the competent national authorities involved. The competent national authorities of the Member States should therefore consult each other whenever necessary, via appropriate means. Moreover, in specific well-defined cases, both the Member State of issuance and Member State of offence should provide each other with important information in relation to the application of this Directive without delay. This should be the case for the adoption of measures granting a Union-wide effect to driving disqualifications, decisions taken on grounds of exemption, the completion of the driving disqualifications and for any circumstances affecting the originally imposed driving disqualifications.

1. Point (e) is added to Article 1(1):

(20) The proper implementation of this Directive presupposes close, swift and effective communication between the competent national authorities involved. The competent national authorities of the Member States should therefore consult each other whenever necessary. Moreover, in specific well-defined cases, both the Member State of issuance and Member State of offence should provide each other with important information in relation to the application of this Directive no later than ten working days following a decision on the adoption of measures granting a Union-wide effect to driving disqualifications or a decision taken on grounds of exemption, the completion of the driving disqualifications and for any circumstances affecting the originally imposed driving disqualifications.

‘(e) Notification and implementation of a driving disqualification imposed due to the commission of driving offences referred to in Article 2, point (12h) in a Member State other than the Member State of issuance or than the Member State of normal residence.’

Amendment 6

2. Point (12) of Article 2 is amended as follows:

Proposal for a directive

‘(12) ‘driving disqualification’ means any decision of a competent authority which results in the withdrawal, cancellation, restriction or suspension of the driving licence or of the right to drive of a driver of a power-driven vehicle1 and which has become enforceable, irrespective of whether it is qualified as an administrative or criminal measure. The measure may constitute a primary, secondary or supplementary penalty or a safety measure;

Recital 21

_____________

Text proposed by the Commission

1 As defined in Article 2, point 4 of the [NEW DIRECTIVE ON DRIVING LICENCES].’

Amendment

3. The following points are added to Article 2:

(21) After being notified of a driving disqualification and granting it Union-wide effects, the Member State of issuance should inform the person concerned without delay, in order to allow the exercise of fundamental rights such as the right to be heard and to challenge the decisions before the competent national courts and tribunals.

‘(12a) ‘withdrawal’ means the revocation of the driving licence, or of its recognition, or of the right to drive, as defined by the national legislation of the Member State of the offence or, in case where the driving licence is revoked for other reasons, of the Member State withdrawing the driving licence or its recognition;

(21) After being notified of a driving disqualification and granting it Union-wide effects, the Member State of issuance should inform the person concerned no later than seven working days following that notification, in order to allow the exercise of fundamental rights such as the right to be heard and to challenge the decisions before the competent national courts and tribunals.

(12b) ‘suspension’ means the temporary limitation of the validity of the driving licence or of its recognition, or of the right to drive, for a fixed period of time, or for both a combination of a fixed period of time and the fulfilment of complementary conditions, as defined by the national legislation of the Member State of the offence or, in case where the validity of the driving licence is temporarily limited for other reasons, of the Member State suspending the driving licence or its recognition;

Amendment 7

(12c) ‘restriction’ means the partial limitation of the validity of the driving licence or of its recognition, or of the right to drive, either for a fixed period of time, or subject to the fulfillment of complementary conditions, or for both a combination of a fixed period of time and the fulfilment of complementary conditions, as defined by the national legislation of the Member State of the offence or, in case where the validity of the driving licence is partially limited for other reasons, the Member State restricting the driving licence or its recognition;

Proposal for a directive

(12d) ‘cancellation’ means the invalidation of the driving licence, its recognition or the right to drive, on administrative grounds such as not fulfilling the criteria for issuing a driving licence or acquisition of the driving licence using fraudulent means, as defined by the national legislation of the Member State invalidating the driving licence or its recognition;

Recital 25

(12e) ‘complementary conditions’ means conditions other than the lapse of a fixed period of time that a person concerned by a driving disqualification must comply with in order to recover his or her right to drive or driving licence or can comply with in order to facilitate their recovery ;

Text proposed by the Commission

(12f) ‘Member State of the offence’ means the Member State where the offence was committed;

Amendment

(12g) ‘Member State of issuance’ means the Member State that issued the driving licence;

(25) In order to ensure the seamless, reliable and effective exchange of information, each Member State should designate a national contact point for the purposes of this Directive. They should further ensure that their respective national contact points cooperate with the relevant authorities involved in the enforcement of the driving disqualifications covered by this Directive, in particular to ensure that all necessary information is shared in due time.

(12h) ‘driving disqualification offence’ means the following road-safety-related traffic offences:

(25) In order to ensure the seamless, reliable and effective exchange of information via RESPER, each Member State should designate a national contact point for the purposes of this Directive. They should further ensure that their respective national contact points cooperate with the relevant authorities involved in the enforcement of the driving disqualifications covered by this Directive, in particular to ensure that all necessary information is shared in due time.

(a) drink-driving as defined in Article 3, point (g), of Directive (EU) 2015/413 of the European Parliament and of the Council1;

Amendment 8

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

Proposal for a directive

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

Recital 26 a (new)

(d) a conduct which infringes road traffic regulations, and which caused, with a power- driven vehicle, death or serious bodily injury of another person, as defined in the national law of the Member State of the offence.

Text proposed by the Commission

_____________

Amendment

1 Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences Text with EEA relevance (OJ L 68, 13.3.2015, p. 9).’

(26 a) Within the scope of its review, the Commission should also include in its report on the implementation of this Directive an assessment of the possibility of creating a similar legal framework for demerit point systems, including the exchange of information on penalty points and transferring or duplicating point additions or subtractions between the Member State of the offence and the Member State of issuance.

4. Article 12a is added:

Amendment 9

‘Article 12a Duty to notify driving disqualifications

Proposal for a directive

1. After verification, if appropriate, that the normal residence of the person concerned by the driving disqualification is not the Member State of the offence, the Member State of the offence shall notify without undue delay the Member State of issuance of a driving disqualification in case all following conditions are fulfilled:

Article 2 – paragraph 1 – point 3

(a) the driving disqualification constitutes a withdrawal, suspension or restriction of the driving licence or the right to drive;

Text proposed by the Commission

(b) the driving disqualification was imposed due to the commission of a driving offence, as referred to in Article 2(12h), in accordance with the national rules of the Member State of the offence;

Amendment

(c) the driving disqualification is no longer subject to the right of appeal in the Member State of the offence;

(3) ‘suspension’ means the temporary limitation of the validity of the driving license or of the right to drive or of their recognition, for a fixed amount of time, or for both a combination of a fixed amount of time and the fulfilment of additional conditions;

(d) in case the driving disqualification is imposed for a fixed period of time, its duration is of at least 3 months;

(3) ‘suspension’ means the temporary limitation of the validity of the driving licence or of the right to drive or of their recognition, for a fixed period, or for both a combination of a fixed period and the fulfilment of additional conditions;

(e) at the moment of the notification, the remaining period of the suspension or of the restriction to be served pursuant to the driving disqualification is more than one month;

Amendment 10

(f) the person concerned does not have their normal residence in the Member State of the offence and does not hold a driving licence issued by the Member State of the offence; and

Proposal for a directive

(g) the person concerned by the driving disqualification has been identified as the driver who has committed a driving offence referred to in Article 2(12h).

Article 2 – paragraph 1 – point 6

2. The notification referred to in paragraph 1 shall be made in accordance with the procedure set out in paragraph 3.

Text proposed by the Commission

3. The competent authority of the Member State of the offence shall complete, sign and transmit the standard certificate on disqualification to the competent authority of the Member State of issuance in accordance with Article 19(3a) of this Directive. The decision imposing the driving disqualification and the driving licence of the person concerned by the driving disqualification, if it has been seized, shall also be transmitted by the competent authority of the Member State of the offence to the competent authority of the Member State of issuance.

Amendment

4. The standard certificate on disqualification shall be transmitted in an electronic form. The certificate shall contain at least the following structured information:

(6) ‘Member State of the offence’ means the Member State in which a driving disqualification was delivered;

(a)(6) ‘Member State of the name,offence’ postalmeans address,the telephoneMember numberState andwithin e-mailthe addressterritory of which the competentroad authoritytraffic offence that imposedhas thegiven rise to a driving disqualifciationdisqualification was committed and in thewhich Memberthat Statedriving ofdisqualification thewas offencedelivered;

(b) type of the driving offence as referred to in Article 2(12h);

Justification

(bb) description of the facts leading to the driving disqualification, including the applicable legal provisions in the Member State of the offence;

Definition aligned to the one used in the Convention 98/C 216/01 on Driving Disqualifications, OJ C 216 of 10.07.1998

(bbb) where applicable, the method used to detect the driving offence as referred to in Article 2(12h) and the results of the respective measurements at the time of the offence;

Amendment 11

(c) the following data in relation to the person concerned by the driving disqualification: their name; the address used for communication by the Member State of the offence; the number of their driving licence; if necessary, the number of the national identification documents; where available, the driver number;

Proposal for a directive

(d) the precise scope, content and duration of the driving disqualification, including, if applicable, the date on which the disqualification process commenced, the date on which the suspension or the restriction ceases to have effect, codes listed in Annex I, part E, and any complementary conditions set by the Member States of the offence;

Article 2 – paragraph 1 – point 10

(e) 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;

Text proposed by the Commission

(f) if applicable, any period of prohibition for re-issuing or obtaining a new driving licence applicable in the Member State of the offence;

Amendment

(g) notice whether the person concerned was notified of the driving disqualification in the Member State of the offence, whether the person concerned appealed the decision in the Member State of the offence and whether the person concerned was represented in the procedure.

(10) ‘person concerned’ means the natural person against whom a driving disqualification is issued;

5. At least six months before the date of transposition, the Commission shall, by way of an implementing act, establish:

(10) ‘liable person’ means the natural person against whom a driving disqualification is issued;

(a) the format and content of the standard certificate on disqualification for the notification of a driving disqualification referred to in this Article; and

Justification

(b) the format for the information provided under Articles 12e and 12f.

Alignment with CBE Directive

That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22(2).’’

Amendment 12

4a. Article 12aa is added:

Proposal for a directive

‘Article 12aa Specifications concerning the language of the standard certificate on driving disqualifications

Article 2 – paragraph 1 – point 11- subpoint da (new)

1. The standard certificate on disqualification referred to in Article 12a(4) shall be transmitted in any EU official language of the Member State of issuance, or in any other EU official language that the Member State of issuance has accepted in accordance with paragraph 2.

Text proposed by the Commission

2. Any Member State may, at any time, state in a declaration notified to the Commission that it will accept standard certificates on disqualification in one or more official languages of the Union. Such declaration can be modified or withdrawn at any time. The Commission shall make this information available to all Member States, including in the EU driving licence network, as referred to in Article 19(1), in order to facilitate the notification by Member States.

Amendment

3. There shall be no obligation for the Member State of the offence to translate the decision imposing the driving disqualification.’

(da) driving without a valid driving licence as outlined in Directive 2006/126/EC;

5. Article 12b is added:

Amendment 13

‘Article 12b Obligation on the Member State of issuance to implement a driving disqualification imposed by the Member State of the offence

Proposal for a directive

1. The Member State of issuance shall ensure that its competent authorities have the power to implement a withdrawal, restriction or suspension of the driving licence on the basis of a driving disqualification notified to them in accordance with Article 12a.

Article 3 – paragraph 1

2. Without prejudice to the grounds for exemptions laid down in Article 12d, the Member State of issuance shall ensure that in cases where its competent authorities receive a standard certificate on driving disqualification in accordance with Article 12a, such authorities, following the procedure set out in Article 12c, shall withdraw, suspend or restrict the driving licence.’

Text proposed by the Commission

6. Article 12c is added:

Amendment

‘Article 12c Implementation of a driving disqualification notified to the Member State of issuance

Member States shall ensure that a driving disqualification issued by a Member State with respect to a person who does not have its normal residence in that Member State and who holds a driving licence issued by another Member State shall have effect across the entire territory of the Union in accordance with this Directive.

1. If the driving disqualification entails a withdrawal in the Member State of the offence, the measures taken by the Member State of issuance shall comply with the following conditions:

Member States shall ensure that a driving disqualification issued by a Member State with respect to a person who does or does not normally reside in that Member State or another Member State and who either holds a driving licence issued by another Member State or does not hold a driving licence shall have effect across the entire territory of the Union in accordance with this Directive.

(a) the Member State of issuance shall either:

Justification

(i) withdraw the driving licence of the person concerned or,

The draft directive does not take into account the fact that driving disqualifications may also be imposed on persons who do not hold a driving licence, and that its scope should therefore also extend to such persons, who pose a serious risk to road safety.

(ii) where the withdrawal is not provided for in the Member State of issuance, suspend the driving licence for a duration defined under the national law of the Member State of issuance for the same driving offence as referred to in Article 2(12h), assess the fitness or competence to drive of the driver, and take any measure deemed appropriate following that assessment.

Amendment 14

The Member State of issuance shall register the withdrawal or the suspension in its national system and exchange this information in accordance with Article 19(3a) of this Directive;

Proposal for a directive

(b) In case of a withdrawal, the person concerned may recover his or her right to drive or his or her driving licence or apply for a new one in accordance with Articles 10, 13 and 17;

Article 4 – paragraph 1

(c) the Member State of issuance shall take into account insofar as compatible with its national legislation the complementary conditions which the person concerned shall comply with and that have been already fulfilled in the Member State of the offence.

Text proposed by the Commission

2. Where the driving disqualification consists in a suspension or a restriction, the measures taken by the Member State of issuance shall comply with the following conditions:

Amendment

(a)1. theThe Member State of issuance shall suspend or restrict the validity of the driving licence of the person concerned by the suspension or restriction, until the date on which the suspension or the restriction imposed andoffence notifiedshall bynotify the Member State of the offence ceases to have effectsissuance orof untilany thedriving datedisqualification correspondingimposed tofor thea duration applied by the Member State of issuance for the sameone offencemonth ifor itmore ison shortera thanperson thewho durationdoes imposednot byhave theits Membernormal Stateresidence ofin the offence. The Member State of issuance shall register the measureoffence takenand inwho theholds nationala driving licence register andissued exchangeby the information in accordanceMember withState Articleof 19(3a);issuance.

(b) where the suspension imposed and notified by the Member State of the offence is subject both to the lapse of a fixed period of time and the fulfilment of complementary conditions, the Member State of issuance shall take into account only the fixed duration;

1. The Member State of the offence shall notify the Member State of issuance no later than ten working days following any decision imposing a driving disqualification for a duration of one month or more on a person who does not have its normal residence in the Member State of the offence and who holds a driving licence issued by the Member State of issuance. The Member State of the offence shall also notify the person concerned if he or she is not normally resident in the Member State of issuance.

(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.

Amendment 15

3. Without prejudice to the ground for exemption laid down in Article 12d(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 12a.

Proposal for a directive

4. The Member State of issuance shall take the measures referred to in this Article or adopt the decision that a ground of exemption pursuant to Article 12d applies without undue delay, and in any case within the time-limits, if any, prescribed under national rules to impose a driving disqualification.

Article 4 – paragraph 3

5. Nothing in this Directive shall prevent the Member State of the offence from:

Text proposed by the Commission

(a) executing the driving disqualification within its territory, for its entire duration, and in accordance with its national rules and provided that the conditions defined in the second and third subparagraphs are satisfied; and

Amendment

(b) not recognizing the validity of the driving licence that was re-issued or newly obtained, for the duration of a prohibition on re-issuance or obtention of a new driving licence applicable in the Member State of the offence.

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, when 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.

Where a driving disqualification containing complementary conditions has been notified to the Member State of issuance in accordance with Article 12a, the Member State of the offence may continue to apply such driving disqualification within its territory until the person concerned complies with those conditions. The Member State of the offence shall indicate in the EU driving licence network when the person concerned has fulfilled the complementary conditions.

3. The national contact point of the Member State of the offence shall complete, sign and transmit the certificate directly to the national contact point of the Member State of issuance, which shall forward it to the authority competent for ensuring the Union-wide effect of the driving disqualification. The driving licence of the person concerned, in the event that it has been seized, and the original decision imposing the driving disqualification or a certified copy thereof shall also be forwarded to the national contact point of the Member State of issuance by the national contact point of the Member State of the offence. There shall be no obligation for the Member State of the offence to translate the original decision or its certified copy.

In any case, complementary conditions attached to a driving disqualification notified in accordance with Article 12a 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 fulfills 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. The Member State of issuance shall indicate in the EU driving licence network when the person concerned has fulfilled the complementary conditions.

Justification

6. Nothing in this Directive shall prevent the Member State of issuance from assessing the fitness and competence to drive of the holder of the driving licence, and, following that assessment, take any measures deemed appropriate in accordance with its national law, also taking into account the measures taken by the Member State of the offence, in case there is reason to believe that the fitness or competence of the holder of the driving licence poses a risk to road safety.’

Amendment intended to clarify that not all disqualifications result in the license being physically seized from the offender

7. Article 12d is added:

Amendment 16

‘Article 12d Grounds for exemption

Proposal for a directive

1. The Member State of issuance shall not take the measures referred to in Articles 12c(1) and 12c(2) where:

Article 5 – paragraph 2 – point b

(a) the certificate referred to in Article 12a is incomplete or manifestly incorrect and, in either case, the missing or correct information has not been provided in accordance with paragraph 3 of this Article;

Text proposed by the Commission

(b) on the basis of information received from the Member State of the offence in accordance with Article 12e(2), point (b), it is established that the driving disqualification has already ended in the Member State of the offence at the date when the measures referred to in Articles 12c(1) or 12c(2) would be adopted by the Member State of issuance.

Amendment

2. The Member State of issuance may, in accordance with their national law, also apply the following grounds of exemption:

(b) the description of the major road-safety-related traffic offence and the facts leading to the imposition of the driving disqualification;

(a) the driving disqualification relates to a driving offence as referred to in Article 2(12h) that, on the basis of the information notified under Article 12a, would not be sanctioned with a driving disqualification under the law of the Member State of issuance;

(b) the description of the major road-safety-related traffic offence, of the facts and of the causes leading to the imposition of the driving disqualification;

(b) the driving disqualification was imposed only on grounds of speeding and the speed limits in force in the Member State of the offence were exceeded by less than 50 km/h;

Amendment 17

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

Proposal for a directive

(d) there is an immunity or a privilege under the law of the Member State of issuance, which makes it impossible to implement the driving disqualification;

Article 5 – paragraph 2 – point c

(e) there is substantial ground to believe that fundamental rights or fundamental legal principles as enshrined in the Charter of Fundamental Rights of the European Union are likely to be infringed upon; or

Text proposed by the Commission

(f) the driving licence concerned by the notification is already subject to measures referred to in Articles 12c(1) or 12c(2) taken on the basis of an earlier notification and which are of a longer duration.

Amendment

3. The Member State of issuance may request any necessary information for the purpose of examining whether a ground for exemption referred to therein applies. The Member State of the offence shall provide the requested information without delay and may provide any additional information or comment it deems relevant.

(c) the name and address of the person concerned, and the number of the driving licence, and if necessary, of the national identification documents of the person concerned, where available;

Information provided under this paragraph shall not include personal data other than those strictly necessary for the application of paragraphs 1 and 2 and shall be used for the sole purpose of applying those paragraphs.’’

(c) the name and address of the person concerned and the number of his or her driving licence and national identification documents, whilst other personal information linked to the person's national identity document is to remain confidential;

8. Article 12e is added:

Amendment 18

‘Article 12e Information to be exchanged between Member States when implementing a driving disqualification imposed by a Member State other than the Member State of issuance

Proposal for a directive

1. The competent authority of the Member State of issuance shall without delay communicate to the competent authority of the Member State of the offence, in a structured and digital way, in accordance with Article 19(3a), the measures taken under Article 12c or the decision that a ground of exemption applies pursuant to Article 12d together with the reasons for the decision.

Article 5 – paragraph 2 – point f a (new)

2. If applicable, the competent authority of the Member State of the offence shall without delay inform the competent authority of the Member State of issuance of:

Text proposed by the Commission

(a) any circumstance that affects the imposed driving disqualification;

Amendment

(b) the end of the driving disqualification in the Member State of the offence.’

(fa) the right to appeal the decision before the judiciary in accordance with the national legislation of the Member State of the offence.

9. Article 12f is added:

Amendment 19

‘Article 12f Information to be provided to and legal remedies available for the person concerned by a driving disqualification imposed by a Member State other than the Member State of issuance

Proposal for a directive

1. The Member State of issuance shall inform the person concerned, to the extent possible, no later than 20 working days after the reception of the notification under Article 12a, in accordance with the procedures under its national law.

Article 5 – paragraph 5 a (new)

2. The information to be provided to the person concerned shall at least specify:

Text proposed by the Commission

Amendment

5 a. The national contact points of the Member State of the offence and the Member State of issuance shall also use RESPER for the exchange of the information to be provided in accordance with Articles 8, 9, 10, 11, 12, 14 and 15. The Commission shall ensure that RESPER is equipped with the necessary resources to fulfil this task.

Amendment 20

Proposal for a directive

Article 6 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Where the driving disqualification consists in a withdrawal, the measures taken by the Member State of issuance shall comply with the following conditions:

2. Where the driving disqualification results in a withdrawal, the measures taken by the Member State of issuance shall be the following:

Justification

These points a)-c) are not really conditions

Amendment 21

Proposal for a directive

Article 6 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(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;

deleted

(i) the name, postal address, telephone number and e-mail address of the authorities competent for the enforcement of the driving disqualification of both the Member State of issuance and the Member State of the offence; and

Justification

(ii) legal remedies available under the law of the Member State of issuance, including the right to be heard;

This point should come as a new subparagraph as it does not fit in the list of measures to be taken by the Member state of issuance

3. The Member States of issuance shall inform the person concerned within the deadlines foreseen for the notification of similar decisions under its national legislation of the adoption of measures under Articles 12c(1) and 12c(2) and in accordance with the procedures under its national law. The information to be provided to the person concerned shall at least specify:

Amendment 22

(i) the details of the measures taken by the Member State of issuance;

Proposal for a directive

(ii) legal remedies available under the law of the Member State of issuance to challenge the measures taken;

Article 6 – paragraph 2 – point c a (new)

(iii) the information on the procedure to follow for re-obtaining the driving licence.

Text proposed by the Commission

4. Member States shall ensure adequate legal remedies against decisions or measures taken pursuant to Article 12a to Article 12f of this Directive, in particular concerning legal remedies against the non-application of a ground for exemption. They shall take the appropriate measures to ensure that information about such remedies is provided in due time to ensure that they can be exercised effectively.

Amendment

5. A driving disqualification notified under Article 12a may be challenged only in an action brought in the Member State of the offence.

(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.

6. The Member State of the offence and the Member State of issuance shall inform each other about the legal remedies sought against decisions or measures taken pursuant to Article 12a to Article 12f of this Directive. Upon request of the Member State of issuance, the Member State of the offence shall provide to the Member State of issuance any necessary information for the purpose of paragraph 3.’

Justification

10. In Article 19(2), point (e) is deleted.

Intra-EU mobility is becoming more frequent, leading to the situation that a country of residence may not always be the country of issuance of a license. An exchange of a person’s drivers license should thus be facilitated to ensure faster and more seamless recovery in case of a withdrawal.

11. In Article 19, the following paragraph is added:

Amendment 23

‘3a. All communications between the Member States pursuant to Articles 12a to 12f of this Directive shall be made through the EU driving licence network referred to in paragraph 1. To that end, Member States shall grant access for the EU driving licence network referred to in paragraph 1 to national contact point(s) designated for the purposes of those provisions.

Proposal for a directive

Member States shall ensure that their respective national contact points cooperate with the authorities competent for the enforcement of the driving disqualifications imposed for the commission of driving offences as referred to in Article 2(12h), in particular in order to ensure that all relevant information is shared in due time.’

Article 6 – paragraph 2 – subparagraph 1 (new)

12. In Article 20, the second subparagraph is replaced by the following:

Text proposed by the Commission

‘The report shall also assess the possibility to further extend the application of Articles 12a to 12f of this Directive to driving disqualifications imposed on the basis of traffic offences other than those referred to in Article 2(12h), to further improve the EU driving licence network as necessary to reduce administrative burden and to optimise the notification processes, and to further facilitate the implementation of a driving disqualification imposed in Member States other than the Member State of the issuance or normal residence. The report shall be accompanied, if appropriate, by a proposal to the European Parliament and the Council for further revision of this Directive.’

Amendment

‘2. By [entry into force + 4 years], and every five years thereafter, as part of the information provided under paragraph 1, first subparagraph, Member States shall inform the Commission, based on data gathered for each calendar year, about:

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.

(a) the number of notifications received under Article 12a(1), broken down by Member State of the offence;

Amendment 24

(b) the number of times a ground for exemption was invoked, including the grounds for exemption applied, broken down by notifying Member State; and

Proposal for a directive

(c) any useful information regarding the proper functioning and effectiveness of this Directive, including in relation to legal remedies.’’

Article 6 – paragraph 3 – introductory part

Article 2 Transposition

Text proposed by the Commission

1. Member States shall adopt and publish, by [date of entry into force + 3 years] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions, and subsequent changes to them. They shall apply those provisions as from [date-of-entry into force + 4 years].

Amendment

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

3. Where the driving disqualification consists in a suspension or a restriction, the measures taken by the Member State of issuance shall comply with the following conditions:

3. Where the driving disqualification results in a suspension or a restriction, the measures taken by the Member State of issuance shall be the following:

Amendment 25

Proposal for a directive

Article 6 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(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 the fulfilment of additional conditions, the Member State of issuance shall take into account only the fixed period of time;

(b) where the suspension or the restriction imposed and notified by the Member State of the offence is subject both to the lapse of a fixed period and the fulfilment of additional conditions, the Member State of issuance shall take into account only the fixed period;

Amendment 26

Proposal for a directive

Article 6 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The Member State of issuance shall aim to ensure that, within the existing legal limits of national rules, the measures taken pursuant to paragraphs 2 and 3 with regard to driving disqualifications are aligned to the greatest extent possible with the corresponding measures imposed by the Member State of the offence.

Amendment 27

Proposal for a directive

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

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 fulfills 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.

3. However, additional conditions attached to a driving disqualification notified in accordance with Article 4(1) shall be deemed to be fulfilled by the Member State of the offence where the Member State of issuance has positively assessed that the person concerned has fulfilled the conditions applicable in the Member State of issuance for recovering the right to drive or the driving licence or to be able to apply for a new one. In such case, the Member State of the offence shall be bound by the positive assessment of the Member State of issuance and its effects. The Member State of the offence shall therefore no longer apply the additional conditions. However, the Member State of the offence may continue to apply the driving disqualification on its territory until the end of its duration.

Justification

Clarification to ensure that in withdrawal cases where the Member State of issuance has imposed also some additional conditions and these have eventually been assessed as fulfilled, the Member State of the offence can only continue to apply the disqualification for the originally set duration but not to require the fulfilment of the additional conditions

Amendment 28

Proposal for a directive

Article 8 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) there is a privilege or immunity under the law of the Member State of issuance that prevents the execution of the driving disqualification;

deleted

Amendment 29

Proposal for a directive

Article 8 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the driving disqualification was imposed only on grounds of speeding and the speed limits in force in the Member State of the offence were exceeded by less than 50 km/h;

(b) the driving disqualification was imposed only on grounds of speeding and the speed limits in force in the Member State of the offence, provided that the speed limit on the road where the speeding took place was clearly demarcated, were exceeded in the case of residential area roads, by less than 30km/h and in the case of non-residential area roads, by less than 50 km/h;

Amendment 30

Proposal for a directive

Article 8 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Whenever the Member State of issuance intends to apply in a specific case a ground for exemption pursuant to paragraph 1 or 2, it shall inform without delay the Member State of the offence and, where applicable, request any necessary information for the purpose of examining whether a ground for exemption referred to therein applies. The Member State of the offence shall provide the requested information without delay and may provide any additional information or comment it deems relevant.

Whenever the Member State of issuance intends to apply in a specific case a ground for exemption pursuant to paragraph 1 or 2, it shall inform no later than ten working days following a decision to apply an exemption, the Member State of the offence and, where applicable, request any necessary information for the purpose of examining whether a ground for exemption referred to therein applies. The Member State of the offence shall provide the requested information no later than ten working days following the request and may provide any additional information or comment it deems relevant.

Amendment 31

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. The Member State of issuance shall take the measures referred to in Article 6 (1) or adopt the decision that a ground of exemption pursuant to Article 8 applies without delay and, without prejudice to paragraph 3, no later than 15 days after it received the certificate in accordance with Article 5(1).

1. The Member State of issuance shall take the measures referred to in Article 6(1) or adopt the decision that a ground of exemption pursuant to Article 8 applies without delay and, without prejudice to paragraph 3, no later than 15 working days after it received the certificate in accordance with Article 5(1).

Amendment 32

Proposal for a directive

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. The national contact point of the Member State of issuance shall communicate without delay the measures taken under Article 6(1) or the decision that a ground of exemption applies pursuant to Article 8 to the national contact point of the Member State of the offence through RESPER.

2. The national contact point of the Member State of issuance shall communicate no later than ten working days following the adoption of the measures taken under Article 6(1) or the decision that a ground of exemption applies pursuant to Article 8 to the national contact point of the Member State of the offence through RESPER.

Amendment 33

Proposal for a directive

Article 9 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where it is not possible, in a specific case, to meet the time-limit set out in paragraph 1, the national contact point of the Member State of issuance shall inform the national contact point of the Member State of the offence without delay by any means, giving the reasons for which it was not possible to meet that time-limit.

Where it is not possible, in a specific case, to meet the time-limit set out in paragraph 1, the national contact point of the Member State of issuance shall inform via RESPER the national contact point of the Member State of the offence no later than ten working days following the expiry of that time-limit, giving the reasons for which it was not possible to meet that time-limit.

Amendment 34

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

Where necessary, Member States shall consult each other, via appropriate means and without delay, to ensure the effective application of this Directive.

Where necessary, Member States shall consult each other in a timely manner, in order to ensure the effective application of this Directive.

Amendment 35

Proposal for a directive

Article 11 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The national contact point of the Member State of issuance shall without delay inform the national contact point of the Member State the offence:

The national contact point of the Member State of issuance shall inform the national contact point of the Member State of the offence no later than ten working days following the adoption:

Amendment 36

Proposal for a directive

Article 12 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The national contact point of the Member State of the offence shall without delay inform the national contact point of the Member State issuance:

The national contact point of the Member State of the offence shall inform the national contact point of the Member State of issuance, no later than ten working days following the adoption:

Amendment 37

Proposal for a directive

Article 12 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) any circumstance that affects the decision that imposed the driving disqualification;

(a) any circumstance that affects the decision that imposed the driving disqualification, including any relevant information with regard to any fulfilment that has already taken place in the Member State of the offence of any additional conditions imposed in relation to a driving disqualification;

Justification

This is related to Article 6(1)(c) where the Member State of issuance should take such information into consideration, but nowhere is spelled out where the information is to come from, hence this addition to Article 12 regarding info to be provided by Member State of offence, if the info exists

Amendment 38

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Following both the reception of the notification under Article 4(1) and the adoption of measures under Article 6(1), respectively, the Member State of issuance shall inform the person concerned without delay, in accordance with procedures under its national law.

1. Following both the reception of the notification under Article 4(1) and the adoption of measures under Article 6(1), respectively, the Member State of issuance shall inform the person concerned no later than seven working days following the reception of the notification under Article 4(1) or the adoption of measures under Article 6(1), in accordance with procedures under its national law.

Amendment 39

Proposal for a directive

Article 13 – paragraph 2 – point a – point i

Text proposed by the Commission

Amendment

(i) the name of the authorities competent for the enforcement of the driving disqualification of both the Member State of issuance and the Member State of the offence; and

(i) the name, postal address, phone number, internet presence and e-mail contact of the authorities competent for the enforcement of the driving disqualification of both the Member State of issuance and the Member State of the offence; and

Amendment 40

Proposal for a directive

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that their respective national contact points cooperate with the authorities competent for the enforcement of the driving disqualifications imposed for the commission of major road-safety-related traffic offences, in particular in order to ensure that all necessary information is shared in due time, and that the time-limits laid down in Article 9 are complied with.

2. Member States shall ensure that their respective national contact points cooperate with the authorities competent for the enforcement of the driving disqualifications imposed for the commission of major road-safety-related traffic offences, in particular in order to ensure that all necessary information is shared in due time, and that the time-limits laid down in this Directive are complied with.

Amendment 41

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall inform the Commission of the national contact points designated for the purposes of this Directive. The Commission shall make the information received under this Article available to all Member States on its website.

3. Member States shall inform the Commission of the national contact points designated for the purposes of this Directive. The Commission shall make the information received under this Article available to all Member States via RESPER, and on the CBE Portal once it becomes operational. Until then, the Commission shall make the information available on its website.

Amendment 42

Proposal for a directive

Article 16 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) the number of notifications sent to the persons concerned;

Amendment 43

Proposal for a directive

Article 16 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the time needed to transmit information on the decision on a ground of exemption;

(c) the time needed to transmit information for each decision taken on a ground of exemption;

Amendment 44

Proposal for a directive

Article 16 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) the number of times a delay had to be justified;

Amendment 45

Proposal for a directive

Article 16 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

By ... [one year after the date of entry into force of this Directive] Member States shall communicate up-to-date information to the Commission on the rules in force concerning the penalties applicable in their legal system for major road-safety-related traffic offences. Member States shall inform the Commission within three months of any major change to those penalties by providing an update to the information that they previously transmitted. By ... [18 months after the date of entry into force of this Directive], the Commission shall publish an overview of the information received under this paragraph on the Portal for cross-border exchange of information on road-safety-related traffic offences ('CBE Portal') established in accordance with Article 8 of Directive (EU) 2015/413 in all of the official languages of the European Union. In the event of a major change of the system in place in a Member State, the Commission shall update the overview within three months of receiving the information.

Amendment 46

Proposal for a directive

Article 19 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [DD/MM/YYYY]. They shall forthwith communicate to the Commission the text of those provisions.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... [one year after the date of entry into force of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.

Justification

The transposition date needs to be defined

Amendment 47

Proposal for a directive

Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2. By [DD/MM/YYYY], Member States shall communicate to the Commission the text of the main provisions of their national law which they adopt in the field covered by this Directive.

Article 3 Entry into force and application

2. By … [date of entry into force of this Directive + 15 months], Member States shall communicate to the Commission the text of the main provisions of their national law which they adopt in the field covered by this Directive.

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Amendment 48

Article 4 Addressees

Proposal for a directive

This Directive is addressed to the Member States.

Article 20 – title

Done at Brussels,

Text proposed by the Commission

For the European Parliament For the Council

Amendment

The President The President

Report on the application

Review

Amendment 49

Proposal for a directive

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

By [entry into force + 5 years], and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the implementation of this Directive, including its impact on road safety. The report shall be accompanied, if necessary, by proposals for amendments to this Directive.

By ... [five years after the date of entry into force of this Directive], and every five years thereafter, the Commission shall present a report to the European Parliament and to the Council on the implementation of this Directive, including its impact on road safety. The report shall include statistics from the Member States on the use of the mechanism laid down by this Directive, as well as bottlenecks and areas for potential improvement. The report shall be accompanied, if necessary, by a legislative proposal to amend this Directive.

Amendment 50

Proposal for a directive

Article 21 – title

Text proposed by the Commission

Amendment

Entry into force and application

Entry into force

Justification

Application is not needed in the title of the article as there are no special provisions that required divergent date of application

EXPLANATORY STATEMENT

Background to the Proposal

Over the last two decades, the improvement of road safety and the reduction of the number of road fatalities have been at the heart of the Union’s transport policies. A steady reduction in road fatalities has indeed taken place, from 51,400 in 2001 to 19,800 in 2021 - this fell however slightly short of the EU target of a 75% reduction between 2001 and 2020. In recent years, the decline in fatalities has showed signs of slowing down.

In that context, EU Transport Ministers issued a ministerial declaration in Valetta in 2017 that called on the Commission to explore the further strengthening of the Union’s road safety legal framework, in particular with regard to the mutual recognition of driving disqualifications of non-resident drivers. At present, if a driver commits an offence outside the Member State where his or her driving licence is issued (typically the Member State of residence) and consequently has their driving licence suspended for 6 months, for example, that suspension will most of the time only be valid in the Member State where the offence was committed. The person in question would still be free to drive in all other EU Member States, including the Member State where they usually live.

This proposal on the Union-wide effect of driving disqualifications currently under consideration [COM(2023)0128] therefore seeks to put an end to this situation of impunity for non-resident drivers. It is part of a broader ‘road safety package’ unveiled in March 2023, containing three pieces of interlinked legislation. The package includes two other proposals, respectively on driving licences [updating Directive 2006/126/EC] and on cross-border exchange (CBE) of information on road safety-related traffic offences [updating Directive (EU) 2015/413].

Directive 2006/126/EC on driving licences, namely in Article 11(4), tried to take some steps towards regulating EU-wide driving disqualifications but its wording is considered insufficiently clear and has not been as effective as it was hoped.

Content of the Proposal

The proposal’s ultimate objective is to increase road safety by cutting down on prevailing acts of impunity by reckless driving while abroad. It does so by creating a framework for providing EU-wide effect to any decision to withdraw, suspend or restrict a driving licence of a driver who has committed a major driving offence outside the Member State where his or her driving licence is issued. It establishes a system of cooperation and information transfer between the Member State where an offence (MSoO) is committed and the Member State that issued the driving licence (MSoI). It lays down concrete procedures and obligations for the two countries involved.

The scope of the proposal only covers those road traffic offences that most contribute to accidents and fatalities as stipulated in the CBE Directive: excessive speeding, drink driving, driving under the influence of drugs and causing death or serious injury as the result of any road safety-related traffic offence.

Position of the Rapporteur

The Rapporteur strongly welcomes the whole road safety package and specifically the current proposal, which is the brand new element with a great dissuasive potential for reckless driving. In spite of divergent rules and scope of penalties amongst the different Member States, the time is ripe for a European approach to serious cross-border road offences especially in view of growing movement of citizens across borders and higher volumes of tourism.

Overall, the proposal sets the right approach, scope and depth of measures to ensure the intended effect - decrease in road accidents of the more severe case.

Ultimately, its success depends on the right cooperation among the Member States and the smooth and timely flow of information between them. To this end, one aspect that the Rapporteur seeks to improve is the timeframes for important stages in the procedure granting Union-wide effect to certain driving disqualifications. These are largely missing in the proposal, which puts in question the overall length of time such a procedure could take. Therefore, most timeframes in the proposal have been more narrowly defined (set to 7 working days) in order to ensure the adequate execution of each stage and consequently the effectiveness of the entire procedure. This is of particular importance to EU citizens who end up as offenders and whose rights (ex. that of driving) could be severely affected if a procedure takes unnecessarily long time to complete simply due to protracted administrative handling.

As already mentioned, undeniably, the penal codes for traffic offences do vary in the different Member States. However, the proposal seeks to bring about this Union-wide effect of driving disqualifications given by one Member State and applicable in the rest, the Rapporteur believes that a degree of synchronisation should be sought within the frames of existing limitations. Thus the Member States are encouraged to try to align as much as possible the duration of disqualifications, the Union-wide one given by the Member State of issuance and the ‘original’ one given by the Member State of the offence (for example if the MSoO issues a disqualification of 15 months, and the same offence in the MSoI is penalised with a timeframe of between 9 to 12 months, then the MSoI should, within its discretion, decide on at least 12 months duration to be as close as possible to the original decision, without overstepping its own rules of course).

Another slight adjustment proposed by the Rapporteur concerns the grounds for exemption linked to the disqualifications based on speeding. The proposal suggests that for offences of below 50km/h of speeding on top of the permitted speed, the MSoI may choose a derogation. However, on an urban speed limit of 30km/h (as increasingly is the trend in many cities), this derogation is unjustified, hence at least a broad differentiation of urban vs non-urban road speed limits should be made and what speeding is ‘allowed’ to qualify for exemption in each case.

Finally, the right tools also need to be set in place - the profound improvement and adjustment of an existing system for inter-Member State exchange of communication - the EU driving licence network ('RESPER'). RESPER is to be the cornerstone of this proposal, therefore the Rapporteur considers it should be the sole means for all information transactions between the Member States, also in view of the tightened timeframes presented in this draft report.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

Entity and/or person

European Transport Safety Council (ETSC)

Bundesverband Güterkraftverkehr Logistik und Entsorgung (BGL) e.V.

IRU

-

The list above is drawn up under the exclusive responsibility of the rapporteur.

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Execution of driving disqualifications with a Union-wide effect

References

COM(2023)0128 – C9-0036/2023 – 2023/0055(COD)

Date submitted to Parliament

1.3.2023

Committee responsible

Date announced in plenary

TRAN 17.4.2023

Committees asked for opinion(s)

Date announced in plenary

JURI 17.4.2023

LIBE 17.4.2023

Not delivering opinions

Date of decision

JURI 21.3.2023

LIBE 27.4.2023

Rapporteur

Date appointed

Petar Vitanov 25.4.2023

Discussed in committee

27.6.2023

18.9.2023

26.10.2023

Date adopted

29.11.2023

Result of final vote

+ : 37

- : 5

0 : 0

Members present for the final vote

Andris Ameriks, José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Karolin Braunsberger-Reinhold, Ciarán Cuffe, Jakop G. Dalunde, Mario Furore, Isabel García Muñoz, Jens Gieseke, Elsi Katainen, Elena Kountoura, Bogusław Liberadzki, Peter Lundgren, Benoît Lutgen, Marian-Jean Marinescu, Tilly Metz, Cláudia Monteiro de Aguiar, Jan-Christoph Oetjen, Tomasz Piotr Poręba, Bergur Løkke Rasmussen, Dominique Riquet, Thomas Rudner, Massimiliano Salini, Vera Tax, István Ujhelyi, Achille Variati, Henna Virkkunen, Petar Vitanov, Roberts Zīle

Substitutes present for the final vote

Pablo Arias Echeverría, Ignazio Corrao, Andor Deli, Angel Dzhambazki, Roman Haider, Ljudmila Novak, Marianne Vind

Substitutes under Rule 209(7) present for the final vote

Hildegard Bentele, Theresa Bielowski, Vasile Blaga, Janina Ochojska, Francesca Peppucci, Catharina Rinzema

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

37

+

NI

Deli Andor, Furore Mario

PPE

Arias Echeverría Pablo, Bentele Hildegard, Blaga Vasile, Braunsberger-Reinhold Karolin, Gieseke Jens, Lutgen Benoît, Marinescu Marian-Jean, Monteiro de Aguiar Cláudia, Novak Ljudmila, Ochojska Janina, Peppucci Francesca, Salini Massimiliano, Virkkunen Henna

Renew

Bauzá Díaz José Ramón, Bilbao Barandica Izaskun, Katainen Elsi, Oetjen Jan-Christoph, Rasmussen Bergur Løkke, Rinzema Catharina, Riquet Dominique

S&D

Ameriks Andris, Bielowski Theresa, García Muñoz Isabel, Liberadzki Boguslaw, Rudner Thomas, Tax Vera, Ujhelyi István, Variati Achille, Vind Marianne, Vitanov Petar

The Left

Kountoura Elena

Verts/ALE

Corrao Ignazio, Cuffe Ciarán, Dalunde Jakop G., Metz Tilly

5

-

ECR

Dzhambazki Angel, Lundgren Peter, Poreba Tomasz Piotr, Zile Roberts

ID

Haider Roman

0

0

Key:

+ : in favour

- : against

0 : abstentions