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

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

A-9-2023-0396

Committee on Transport and Tourism · Rapporteur: Kosma Złotowski

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal to amend Directive (EU) 2015/413 on cross-border exchange of information on road-safety-related traffic offences. It extends the list of offences covered, tightens definitions of dangerous overtaking, dangerous parking, hit-and-run and other offences, and adds rules on national contact points and data access. It sets deadlines for Member States to provide requested information and to invoke grounds for refusal, and requires information letters to be sent within one month of the offence. It requires revenues from financial penalties to be used to increase road safety and calls for Commission analysis of enforcement with neighbouring third countries.

Committee position. The Committee on Transport and Tourism proposes to adopt Parliament's position at first reading with amendments to the Commission proposal, extending the scope of offences, setting deadlines for information exchange, and adding rules on enforcement and revenues.

Key points

  1. The scope of the Directive is extended to strictly road-safety-related offences with a strong and direct link to road safety, addressing dangerous and unlawful behaviour.
  2. National contact points must cooperate with other authorities and answer requests without undue delay, regardless of the authority's nature or legal status.
  3. The Member State of the offence may conduct automated searches in vehicle registers to identify end users, and a data retention period is set for previous owners, holders and end users.
  4. The Member State of registration or residence must provide requested information within 30 working days; if not possible, it must explain the reasons and may not exceed 20 working days from notification of those reasons.
  5. Member States must decide within 15 days after receiving a request whether to invoke a ground for refusal, and inform the Member State of the offence no later than 15 working days after that decision.
  6. The information letter must use understandable wording, include detailed information on legal classification, consequences, appeal rights, payment options and data protection rules, and may include a link and QR code to the CBE Portal.
  7. For non-resident drivers checked on the spot, the information letter must contain at least certain data, and if the fine is paid on the spot, the driver must receive a receipt, contact information, offence details and a link to the portal.
  8. Member States must send the information letter no later than one month from the registration of the offence, or 15 days from the event that made subsequent letters necessary.
  9. The Commission and Member States are joint controllers of the CBE Portal, which must provide information on traffic rules and allow secure communication between authorities and road users.
  10. The Commission should provide financial support for cross-border cooperation, digitisation of data and information campaigns, and Member States should be encouraged to allocate revenues from fines back into road safety.
  11. Revenues from financial penalties for road-safety-related offences must be used to increase road safety, with Member States reporting publicly every three years.
  12. The Commission must analyse enforcement under the 1959 Mutual Assistance Convention, and third countries may participate in vehicle registration data exchange if they conclude an agreement with the Union including data protection provisions.

Who is affected

  • Non-resident drivers, who face extended offences, information letters and deadlines for appeals.
  • Member States, which must designate national contact points, meet deadlines and report on revenues.
  • National authorities and debt collection service providers, which must comply with data protection rules.
  • Third countries, which may participate in vehicle registration data exchange under an agreement with the Union.

Figures and deadlines

  • 30 working days, deadline for providing requested information.
  • 20 working days, maximum delay from notification of reasons for not providing information.
  • 15 days, deadline for Member States to decide whether to invoke a ground for refusal.
  • 15 working days, deadline to inform the Member State of the offence after a decision to refuse.
  • 6 months, minimum retention period for data elements in national vehicle registers after modification of ownership or use.
  • 4 years, maximum retention period for data elements in national vehicle registers.
  • one month, deadline for sending the information letter from registration of the offence.
  • 15 days, deadline for sending subsequent information letters from the event that made them necessary.

Legal basis: Article 294(2) and Article 91(1)(c) of the Treaty on the Functioning of the European Union.