Sittings · Document

Draft report (COM(2023)0128 – C9-0036/2023 – 2023/0055(COD)) 2023-09-21

Execution of driving disqualifications with a Union-wide effect

Committee on Transport and Tourism

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AM_Com_LegReport

Amendment 34

Tilly Metz

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(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 Union-wide application of driving disqualifications imposed by a Member State other than the one that issued the driving licence of the offender, which result from major road-safety related traffic offences.

(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 Union-wide application of non-financial penalties including driving disqualifications and demerit points imposed by a Member State other than the one that issued the driving licence of the offender, which result from major road-safety related traffic offences.

Or. en

Amendment 35

Izaskun Bilbao Barandica

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) Given that there are a number of different systems in use, some of which work on a points basis, RESPER should be used for communicating or compiling the registers of points deducted or added and the offences concerned, and should indicate the validity of driving licences so that if a citizen commits one or more offences in Member States other than the Member State that issued the licence, this will be reflected in RESPER. RESPER should operate as a register in the same way EUCARIS does.

Or. es

Amendment 36

Izaskun Bilbao Barandica

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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.

(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. The Directive should move towards harmonisation of the offences that lead to driving disqualifications. 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.

Or. es

Amendment 37

Tilly Metz

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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 and the mutual recognition of demerit point systems should be pursued regardless of the qualification of the national measures in the Member State of offence as administrative or criminal.

Or. en

Amendment 38

Markus Ferber

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 39

Maria Grapini

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(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.

(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, should also be considered as major offences.

Or. ro

Amendment 40

Markus Ferber

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

Or. en

Amendment 41

Tilly Metz

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

Or. en

Amendment 42

Tilly Metz

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(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. The transmission of the certificate as well as any other exchange of information such as the equivalence in terms of demerit points related to offences between the Member States in respect of the application of the provisions of this Directive should be carried out through the EU driving licence network ‘RESPER’.

Or. en

Amendment 43

Izaskun Bilbao Barandica

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

Or. es

Amendment 44

Maria Grapini

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

Or. ro

Amendment 45

Tilly Metz

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) Demerit point systems1a are known to reduce collisions and deaths when coupled with increased enforcement, effective follow-up and communication campaigns. Their introduction together with such implementation measures has resulted in a decrease of between 15 to 20 % in the number of collisions, deaths and injuries. The move from pre-existing systems, based on pay-to-comply logic, to those based on demerit points clearly contributed to the decreasing trend of road deaths in Member States where data is available. In particular, the demerit system appeared to be more effective than pre-existing systems in bringing about the necessary behavioural changes among those with greater financial means. It also avoids social inequalities resulting from the greater ability of offenders from higher socio-economic groups to pay fines rather than face non-financial penalties, such as disqualification. An EU-wide demerit point system should be established, building up on the Member States’ own systems with the creation of equivalences.

_________________

1a Van Schagen I., Machata K. (2012), The BestPoint Handbook: Getting the best out of a Demerit Point System. EU funded project, https://bit.ly/3y9YqmL

Or. en

Amendment 46

Angel Dzhambazki

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(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.

(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, 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 disproportionate and/or excessive amounts of information.

Or. en

Amendment 47

Tilly Metz

Proposal for a directive

Recital 14

Text proposed by the Commission

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 are automatically recognized by all other Member States. Accordingly, the Member Sate of issuance should be required to ensure that driving disqualifications adopted by other Member States are recognised by all Member States. 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 extend the effect of the driving disqualification to the Union.

(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, as well as their demerit points, issued by the Member State of issuance are automatically recognized by all other Member States. Accordingly, the Member Sate of issuance should be required to ensure that driving disqualifications adopted by other Member States are recognised by all Member States. 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 extend the effect of the driving disqualification to the Union.

Or. en

Amendment 48

Izaskun Bilbao Barandica

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) However, it is also important to take into account that the evaluation of the compliance with the requirements set under Union law for obtaining a driving licence is a competence of the Member State of issuance. The application of additional conditions in the Member State of issuance should also not result in duplicating the requirements that a concerned person must fulfil to prove that regaining a driving licence or the right to drive will not pose a danger to road safety in the Union. In light of that, where the Member State of issuance has adopted measures to ensure the Union-wide effect of 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 offence.

Or. es

Amendment 49

Izaskun Bilbao Barandica

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(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 ensure the Union-wide effect of the driving disqualification or apply a ground for exemption within the shortest possible time, and in any case no later than 15 days after it has been notified of the disqualification. This should be without prejudice to situations where exceptional circumstances prevent compliance with that time limit. Even in such exceptional cases, however, the Member State of issuance should act without undue delay, and inform the Member State of offence about the period and reason for delay.

Or. es

Amendment 50

Izaskun Bilbao Barandica

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(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.

(20) The proper implementation of this Directive presupposes close, swift and effective communication between the competent national authorities involved, and the proper functioning of the RESPER system or similar systems such as EUCARIS. 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 no later than 15 days after the decision. 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.

Or. es

Amendment 51

Izaskun Bilbao Barandica

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(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.

(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 days after the decision, 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.

Or. es

Amendment 52

Tilly Metz

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24) This Directive establishes the legal basis for the exchange of personal data for the purpose of giving effect to 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.

(24) This Directive establishes the legal basis for the exchange of personal data for the purpose of giving effect to driving disqualifications imposed by a Member State, other than the Member State of issuance and for the exchange of information regarding demerit points related to offences in Member States. 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.

Or. en

Amendment 53

Izaskun Bilbao Barandica

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(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.

(25) In order to ensure the seamless, reliable and effective exchange of information via RESPER and/or systems such as EUCARIS, 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.

Or. es

Amendment 54

Izaskun Bilbao Barandica

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

(25a) The new system should compile the following information on licence holders: points remaining on or added to their licence, offences committed, whether or not they hold a driving licence, and all instances when they have been disqualified from driving, either in their own country or in another Member State.

Or. es

Amendment 55

Maria Grapini

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26) Member States should regularly collect comprehensive statistics on the application of this Directive, and send them to the Commission each year. On the basis of this and other information, the Commission should evaluate the impact of the implementation of this Directive on road safety and submit a report on the results of that evaluation to the European Parliament and to the Council every five years, together, where appropriate, with legislative proposals for its amendment.

(26) Member States should regularly collect comprehensive statistics on the application of this Directive, and send them to the Commission each year. On the basis of this and other information, the Commission should evaluate the impact of the implementation of this Directive on road safety and submit a report on the results of that evaluation to the European Parliament and to the Council every three years, together, where appropriate, with legislative proposals for its amendment.

Or. ro

Amendment 56

Elena Kountoura

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Directive aims to ensure a high level of protection for all road users in the Union. For this purpose, it lays down rules providing for a Union-wide effect of driving disqualifications for major road-safety-related traffic offences committed in a Member State other than the one that issued the driving licence of the person concerned.

This Directive aims to ensure a high level of protection for all road users in the Union. For this purpose, it lays down rules providing for a Union-wide effect of driving disqualifications and of non-financial penalties such as demerit point systems, for major road-safety-related traffic offences committed in a Member State other than the one that issued the driving licence of the person concerned.

Or. en

Amendment 57

Tilly Metz

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Directive aims to ensure a high level of protection for all road users in the Union. For this purpose, it lays down rules providing for a Union-wide effect of non-financial penalties including driving disqualifications and demerit point systems for major road-safety-related traffic offences committed in a Member State other than the one that issued the driving licence of the person concerned.

Or. en

Amendment 58

Tilly Metz

Proposal for a directive

Article 2 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(1) ‘driving disqualification’ means any decision related to the commission of a major road-safety-related traffic offence, which results in the withdrawal, restriction or suspension of the driving licence or the right to drive of a driver of a power-driven vehicle, which is no longer subject to a right of appeal, irrespective of whether it constitutes a primary, secondary or supplementary penalty or a safety measure and irrespective of whether it is qualified as an administrative or criminal measure;

(1) ‘driving disqualification’ means any decision related to the commission of a major road-safety-related traffic offence, or the accumulation of demerit points over a certain threshold, which results in the withdrawal, restriction or suspension of the driving licence or the right to drive of a driver of a power-driven vehicle, which is no longer subject to a right of appeal, irrespective of whether it constitutes a primary, secondary or supplementary penalty or a safety measure and irrespective of whether it is qualified as an administrative or criminal measure;

Or. en

Amendment 59

Andor Deli

Proposal for a directive

Article 2 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(Does not affect the English version.)

Or. hu

Amendment 60

Tilly Metz

Proposal for a directive

Article 2 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

(4) ‘restriction’ means the partial limitation of the validity of the driving license or of the right to drive or of their recognition, either for a fixed period of time, or subject to the fulfillment of additional conditions, or pursuant to a combination of both, including due to the accumulation of demerit points related to traffic offences in different Member States, of which the driver is duly informed;

Or. en

Amendment 61

Tilly Metz

Proposal for a directive

Article 2 – paragraph 1 – point 4 a (new)

Text proposed by the Commission

Amendment

(4a) ‘demerit point system’ means a comparable system that quantitatively assigns or detracts penalty points cumulatively and results in additional consequences when the level of repeat offending has resulted in a certain number of penalty points being collected or lost, with particular conditions for novice drivers, and which can lead to a driving disqualification;

Or. en

Amendment 62

Markus Ferber

Proposal for a directive

Article 2 – paragraph 1 – point 10

Text proposed by the Commission

Amendment

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

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

Or. en

Justification

Alignment with CBE Directive

Amendment 63

Tilly Metz

Proposal for a directive

Article 2 – paragraph 1 – point 11 – point d a (new)

Text proposed by the Commission

Amendment

(da) ‘hit and run’ as defined in Article 3, point XXX of Directive (EU) 2015/413 [CBE if adopted....];

Or. en

Justification

Meaning a situation in which the offender drives away after causing an accident or traffic collision in order to avoid criminal consequences associated with serious injuries and fatalities.

Amendment 64

Markus Ferber

Proposal for a directive

Article 2 – paragraph 1 – point 11 a (new)

Text proposed by the Commission

Amendment

(11a) (e) driving without a valid license as outlined in Directive 2006/126/EC;

Or. en

Amendment 65

Elena Kountoura

Proposal for a directive

Article 2 – paragraph 1 – point 12 a (new)

Text proposed by the Commission

Amendment

(12a) ‘demerit point system’ means a comparable system that quantitatively assigns or detracts penalty points cumulatively and results in additional consequences when the level of repeat offending has resulted in a certain number of penalty points being collected or lost, with particular conditions for novice drivers, and which can lead to a driving disqualification;

Or. en

Amendment 66

Andor Deli

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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.

Member States shall ensure that a driving disqualification issued by a Member State with respect to a person who does not habitually reside in that 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.

Or. hu

Justification

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.

Amendment 67

Elena Kountoura

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that a driving disqualification and a demerit point system penalty, 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.

Or. en

Amendment 68

Izaskun Bilbao Barandica

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that a driving disqualification issued by a Member State with respect to a person who does or does not have its normal residence in that Member State or in another 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.

Or. es

Amendment 69

Tilly Metz

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

Member States shall also ensure that information contained in any demerit system they operate and as described in Article 13 a new of [DLD if adopted] is transferred to other Member States via the RESPER platform and shall have effect across the entire territory of the Union in accordance with this Directive.

Or. en

Amendment 70

Elena Kountoura

Proposal for a directive

Article 4 – title

Text proposed by the Commission

Amendment

Duty to notify a driving disqualification

Duty to notify a driving disqualification and a demerit point system penalty

Or. en

Amendment 71

Andor Deli

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The Member State of the offence shall notify the Member State of issuance of any driving disqualification imposed 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 notify the Member State of habitual residence or nationality of the person concerned of any driving disqualification imposed for a duration of one month or more on a person who does not habitually reside in the Member State of the offence and who does not hold a valid driving licence.

Or. hu

Justification

Amendment 72

Markus Ferber

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

DDD is covering traffic offences which are committed neither in the territory of the issuing country, nor in the country of normal residence. Hence, if differing from the country of issuance, the country of residence shall also be informed.

Amendment 73

Izaskun Bilbao Barandica

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The Member State of the offence shall notify the Member State of issuance no later than 15 days after the decision of any driving disqualification imposed 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.

Or. es

Amendment 74

Elena Kountoura

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The Member State of the offence shall notify the Member State of issuance of any driving disqualification imposed for a duration of one month or more and of any demerit point system penalty 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.

Or. en

Amendment 75

Tilly Metz

Proposal for a directive

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall submit the information on demerit points related to traffic offences on their territory, via the driving license network, RESPER, to all Member States EU wide to ensure they are used in assessing driving disqualification EU wide.

Or. en

Amendment 76

Maria Grapini

Proposal for a directive

Article 5 – paragraph 2 – point b

Text proposed by the Commission

Amendment

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

(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;

Or. ro

Amendment 77

Izaskun Bilbao Barandica

Proposal for a directive

Article 5 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(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;

(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; other personal information linked to the person's national identity document must be protected;

Or. es

Justification

In some Member States, the national identification number is also used to access a person's medical history. That information should be properly protected in this Directive as it is excluded from its scope.

Amendment 78

Angel Dzhambazki

Proposal for a directive

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

Text proposed by the Commission

Amendment

(fa) the right to appeal the decision before the judiciary as per the legislation of the Member state of the offence

Or. en

Amendment 79

Angel Dzhambazki

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. The Member State of the offence shall provide the Member State of issuance with a translation of the certificate in an official language of the Member State of issuance or in any other language that the Member State of issuance has accepted in accordance with paragraph 4.

3. The Member State of the offence shall provide the Member State of issuance with a translation of the certificate in all official languages of the Member State of issuance.

Or. en

Amendment 80

Angel Dzhambazki

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

4. Any Member State may, at any time, state in a declaration notified to the Commission that it will accept translations of certificates in one or more official languages of the Union other than the official language or languages of that Member State. Such declaration can be withdrawn at any time. The Commission shall make the declarations and any withdrawals thereof available to all Member States.

deleted

Or. en

Amendment 81

Tilly Metz

Proposal for a directive

Article 5 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. RESPER shall be used for the transmission of any information between the Member State of the offence and the Member State of issuance required, including the timely exchange of the equivalence in terms of demerit points related to offences in different Member States within the common reference system as established under Article 13a of the [NEW DIRECTIVE ON DRIVING LICENCES]. The Commission shall heed that RESPER is equipped with the necessary resources to fulfill this task.

Or. en

Amendment 82

Izaskun Bilbao Barandica

Proposal for a directive

Article 5 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. RESPER should compile information on licence holders, such as points remaining on or added to their licence, offences committed, whether or not they hold a driving licence, and all instances when they have been disqualified from driving, either in their own country or in another Member State.

Or. es

Amendment 83

Izaskun Bilbao Barandica

Proposal for a directive

Article 5 – paragraph 5 b (new)

Text proposed by the Commission

Amendment

5b. Within five years of the entry into force of this Directive, the Commission shall assess the possibility of creating a points-based European licence that harmonises the points in all the Member States, using the same mechanism for driving disqualifications.

Or. es

Amendment 84

Elena Kountoura

Proposal for a directive

Article 6 – title

Text proposed by the Commission

Amendment

Ensuring the Union-wide effect of driving disqualifications

Ensuring the Union-wide effect of driving disqualifications and demerit point system penalties

Or. en

Amendment 85

Elena Kountoura

Proposal for a directive

Article 6 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Upon the notification of demerit point system penalty in accordance with Article 4(1) , the Member State of issuance shall take the appropriate measures to ensure that the demerit point system penalty is applied to the license of the person concerned.

Or. en

Amendment 86

Angel Dzhambazki

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 comply with the following conditions:

Or. en

Amendment 87

Tilly Metz

Proposal for a directive

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

Text proposed by the Commission

Amendment

(ca) The Member State of issuance shall take into account of demerit points related to traffic offences accumulated in another Member State.

Or. en

Amendment 88

Markus Ferber

Proposal for a directive

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. (d) in the case that the country of normal residence, as defined in Art. 12 of Directive 2006/126/EC differs to the country of issuance, the possibility of exchanging the drivers license shall be facilitated.

Or. en

Justification

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.

Amendment 89

Andor Deli

Proposal for a directive

Article 6 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(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 or duration.

Or. hu

Amendment 90

Tilly Metz

Proposal for a directive

Article 6 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

(ca) The Member State of issuance shall be notified of offences that would result in demerit points, add them to their records and feed the information back to the Member State of the offence.

Or. en

Amendment 91

Tilly Metz

Proposal for a directive

Article 6 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The Member State of issuance shall aim at ensuring that the measures taken pursuant to paragraphs (2) and (3) with regard to driving disqualifications, have the same duration to the correspondent measure(s) imposed by the Member State of the offence.

Or. en

Amendment 92

Valter Flego

Proposal for a directive

Article 6 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. An EU-wide permanent disqualification shall apply for serious offences without the possibility to reapply for the driving licence;

Or. en

Amendment 93

Markus Ferber

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

Article6a

5. By [date of entry into force + 1 year] Member States shall communicate up-to-date information to the Commission on the rules in force concerning the sanctions that might be imposed under their legal system for the major road-safety-related traffic offences referred to in Article 2 (11). Member States shall inform the Commission about any major change in the information they have transmitted within 3 months.

The Commission shall by [date of entry into force + 18 months] publish an overview of the information received under this paragraph in all of the official languages of the European Union in 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 case of a major change of the system in place in a Member State, the Commission shall update the overview within 3 months of receiving the notification.

Or. en

Justification

Member States have different systems and types of disqualifications both in terms of duration and re-issuance of a license. To ensure an overview and facilitate disqualifications, the Commission shall provide for an overview of information to guide the country of issuance when issuing a disqualification.

Amendment 94

Izaskun Bilbao Barandica

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

Or. es

Amendment 95

Tilly Metz

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

Or. en

Justification

Consuls and diplomats are required to respect the laws and regulations of the receiving State, which includes those relating to road traffic. Privilege or immunity under the law is unreasonable for major road-safety-related traffic offences, including death.

Amendment 96

Angel Dzhambazki

Proposal for a directive

Article 8 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the driving disqualification would, in the particular circumstances of the case, entail a breach of a fundamental right as set out in the Charter.

deleted

Or. en

Amendment 97

Tilly Metz

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;

deleted

Or. en

Justification

This ground for exemption should be differentiated into several points of exemptions depending on the speed limits in place on certain types of roads. 50km/h is too high for roads where the speed limit is less than 100km/h.

Amendment 98

Elena Kountoura

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;

deleted

Or. en

Amendment 99

Izaskun Bilbao Barandica

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 were exceeded by less than 20km/h in the case of urban roads with that limit (near schools, near pedestrian zones, etc.), by less than 30km/h in the case of urban roads and by less than 50 km/h in the case of non-urban roads;

Or. es

Amendment 100

Tilly Metz

Proposal for a directive

Article 8 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(ba) 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 over the speed limit for roads with a speed limit set at 110 km/h or more;

Or. en

Amendment 101

Tilly Metz

Proposal for a directive

Article 8 – paragraph 2 – point b b (new)

Text proposed by the Commission

Amendment

(bb) 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 35 km/h over the speed limit for roads with a speed limit set between 70 km/h and 100km/h;

Or. en

Amendment 102

Tilly Metz

Proposal for a directive

Article 8 – paragraph 2 – point b c (new)

Text proposed by the Commission

Amendment

(bc) 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 30km/h over the speed limit for roads with a speed limit set between 50 km/h-69 km/h;

Or. en

Amendment 103

Tilly Metz

Proposal for a directive

Article 8 – paragraph 2 – point b d (new)

Text proposed by the Commission

Amendment

(bd) 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 20 km/h above the speed limit for roads with a speed limit set at 50 km/h or less;

Or. en

Amendment 104

Angel Dzhambazki

Proposal for a directive

Article 8 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) under the law of the Member State of issuance, the person concerned cannot, due to his or her age, be held liable for the major road-safety-related traffic offence in respect of which the driving disqualification was issued.

deleted

Or. en

Amendment 105

Maria Grapini

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 without delay, and within a maximum of five working days, 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.

Or. ro

Amendment 106

Markus Ferber

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 Offence shall transfer information on the disqualification to the legal Member State of Issuance without delay, at the latest 15 working days after the legal decision. 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).

Or. en

Amendment 107

Andor Deli

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 30 days after it received the certificate in accordance with Article 5(1).

Or. hu

Justification

Given the complexity of the administrative tasks, the proposed 15-day deadline is too short.

Amendment 108

Angel Dzhambazki

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 30 days after it received the certificate in accordance with Article 5(1).

Or. en

Amendment 109

Izaskun Bilbao Barandica

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 prejudice to paragraph 3, no later than 15 days after it received the certificate in accordance with Article 5(1).

Or. es

Amendment 110

Izaskun Bilbao Barandica

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 15 days from their adoption 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.

Or. es

Amendment 111

Izaskun Bilbao Barandica

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 the national contact point of the Member State of the offence via RESPER, and no later than five working days after the expiry of the time-limit set out in paragraph 1, giving the reasons for which it was not possible to meet that time-limit.

Or. es

Amendment 112

Markus Ferber

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.

The Member State of the offence and the Member State of issuance shall exchange the information to be provided in accordance with Articles 4,5,8,9,11,12 and 14 through RESPER.

Or. en

Justification

RESPER shall not be used to transmit any information between MS, but information to be provided following application of Articles 4, 5, 8, 9, 11, 12 and 14 exclusively.

Amendment 113

Tilly Metz

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, where replies to requests take no longer than seven days, via appropriate means and without delay, to ensure the effective application of this Directive.

Or. en

Amendment 114

Izaskun Bilbao Barandica

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, via appropriate means and without delay, to ensure the effective application of the time-limits in this Directive.

Or. es

Amendment 115

Izaskun Bilbao Barandica

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 without delay, and no later than 15 days following the adoption:

Or. es

Amendment 116

Izaskun Bilbao Barandica

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 15 days following the adoption:

Or. es

Amendment 117

Maria Grapini

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 without delay, and within a maximum of five working days, inform the national contact point of the Member State issuance:

Or. ro

Amendment 118

Izaskun Bilbao Barandica

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, no later than seven working days after 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.

Or. es

Amendment 119

Markus Ferber

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

Or. en

Amendment 120

Izaskun Bilbao Barandica

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.

Or. es

Amendment 121

Markus Ferber

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 through 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] and on its website.

Or. en

Amendment 122

Izaskun Bilbao Barandica

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

Or. es

Amendment 123

Izaskun Bilbao Barandica

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;

Or. es

Amendment 124

Izaskun Bilbao Barandica

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;

Or. es

Amendment 125

Izaskun Bilbao Barandica

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 [entry into force of this Directive + 1 year]. They shall forthwith communicate to the Commission the text of those provisions.

Or. es

Amendment 126

Izaskun Bilbao Barandica

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.

2. By [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.

Or. es

Amendment 127

Tilly Metz

Proposal for a directive

Article 20 – title

Text proposed by the Commission

Amendment

Report on the application

Report on the application and review

Or. en

Amendment 128

Tilly Metz

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 and include statistics from the EU Member States on use of the mechanism, including in particular the demerit point system, as well as bottlenecks and areas for potential improvement. The report shall be accompanied, if necessary, by proposals for amendments to this Directive.

Or. en

Amendment 129

Izaskun Bilbao Barandica

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 a legislative proposal to amend this Directive.

Or. es

Justification

If the Commission were to look into the possibility of creating a points-based European licence, this would require a legislative change, in accordance with the amendment inserting new Article 5(5)(b).

Amendment 130

Maria Grapini

Proposal for a directive

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

By [entry into force + 3 years], and every three 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.

Or. ro

Amendment 131

Tilly Metz

Proposal for a directive

Article 20 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

The Commission shall establish a platform to exchange on best practise between Member States and competent bodies to inform on rehabilitation requirements or driver improvement schemes following driver disqualification and prior to reissuance of licenses. These might also include medical fitness checks.

Or. en

Justification

Most rehabilitation activities focus on drivers who have been driving under the influence of alcohol or drugs. Relatively few activities focus on drivers who committed other serious traffic violations, e.g. exceeding the speed limit, aggressive and dangerous driving. The effects of rehabilitation on the total number of crashes in a country can never be great, since it only reaches those drivers who have been convicted of a serious traffic violation. A Swiss study estimated that the introduction of a nationwide, compulsory driver improvement scheme for offenders would lead to a reduction in fatalities and severely injured people of around 0.5 % in each group of offenders. On the other hand, the benefits may extend beyond traffic safety. For example, drink driving rehabilitation courses could also lead to a decline in the number of alcohol-related diseases and an improvement of the quality of life of those affected.