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DRAFT 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

TRAN-PR-749236

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.

This is the rapporteur's draft report on the Commission proposal to amend Directive (EU) 2015/413 on cross-border exchange of information on road-safety-related traffic offences. It adopts a first-reading position and approves an annexed statement. The draft narrows the scope to strictly road-safety-related offences with a strong and direct link to road safety, and adds hit-and-run to the list of offences. It redefines several offences, including not keeping the required distance, overtaking that does not comply with traffic regulations, and dangerous parking in an unauthorised place posing a serious risk to other road users. It requires national contact points to be designated for information exchange and mutual assistance, and sets rules on refusal grounds, service of documents by registered mail or equivalent electronic means, and Commission financial support for Member States' initiatives and projects. It sets a reporting deadline of 6 May 2024 and every two years thereafter, and calls on the Commission to refer the matter to Parliament again if it substantially amends its proposal.

Committee position. The rapporteur proposes that Parliament adopt its first-reading position with amendments to the Commission proposal, narrowing the scope to strictly road-safety-related offences, adding hit-and-run, redefining offences, and setting rules on national contact points, refusal grounds, service of documents and reporting.

Key points

  1. Parliament adopts its first-reading position on the proposal to amend Directive (EU) 2015/413 on cross-border exchange of information on road-safety-related traffic offences.
  2. Parliament approves its statement annexed to the resolution.
  3. Parliament calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.
  4. The scope of the Directive should be extended only to strictly road-safety-related offences with a strong and direct link to road safety, addressing dangerous and unlawful behaviours posing a serious risk to road users.
  5. The provision allowing Member States to exchange information by involving other national or Union databases is deleted.
  6. The information letter given during a road control should include a description of the appeal procedure.
  7. Where registered mail or equivalent electronic means fail, the Member State of the offence may rely on the Member State of registration or residence to serve documents under its national law.
  8. The Commission should provide proportionate financial support for Member States' initiatives and projects improving cross-border enforcement cooperation.
  9. The list of offences is amended: not keeping the required distance, overtaking that does not comply with traffic regulations, dangerous parking in an unauthorised place posing a serious risk to other road users, and hit-and-run are added or redefined.
  10. Each Member State shall designate a national contact point for information exchange and mutual assistance, with powers governed by its national law.
  11. Member States must decide within 15 days after receiving a request whether to invoke a ground for refusal and must indicate which particular ground they apply.
  12. Documents must be served by registered mail or equivalent electronic means, and Member States must report to the Commission at the latest on 6 May 2024 and every two years thereafter.

Who is affected

  • Member States, which must designate national contact points, decide on refusal grounds and serve documents.
  • Non-resident drivers, who are subject to information letters and follow-up documents for road-safety-related offences.
  • The Commission, which should provide financial support and receive reports from Member States.

Figures and deadlines

  • 15 days after receiving the request to decide whether to invoke a ground for refusal.
  • 6 May 2024, deadline for the first comprehensive report to the Commission.
  • every two years thereafter, frequency of Member States' reports to the Commission.

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