Directive (EU) 2015/413 (Traffic Offenses Directive) - Richtlinie (EU) 2015/413 (Verkehrsdelikte-Richtlinie)

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Directive (EU) 2015/413

Title: Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 to facilitate the cross-border exchange of information on road safety-endangering traffic offenses
Designation:
(not official)
2. Traffic Offenses Directive
Scope: EWR
Legal matter: Traffic law
Basis: TFEU in particular Articles 91 and 294
Procedure overview: European Commission
European Parliament
IPEX Wiki
Date of issue: March 11, 2015
Release date: March 13, 2015
Come into effect: 17th March 2015

Transform into national law to:
May 6, 2015
Reference: ABl. Nr. L 68, S. 9–25
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

By the directive (EU) 2015/413 (traffic offenses) Directive, [1] is to ensure the "traceability of traffic offenders throughout the EU" and reaches "to improve road safety and the equal treatment of all drivers ensure". [2]

history

In December 2010, the Council of the European Union agreed on a proposal for a directive on prosecuting offenders in the EU. Appropriate preparatory work already existed in 2008. [3] Directive 2011/82 / EU was subsequently issued.

In the annulment proceedings initiated by the Commission, the European Court of Justice (ECJ) has ruled in case C-43/12 that the objective of the directive is primarily or predominantly to improve road safety and therefore not to use Article 87 as the legal basis but Article 91 TFEU . [4] Directive 2011/82 / EU was therefore repealed by the ECJ and the European Parliament and the Council were given the opportunity to issue a new directive on the correct legal basis within twelve months. The new guideline was therefore to be issued by May 6, 2015 at the latest. [5]

This also explains the very short implementation period (the directive was issued on March 11, 2015, published in the Official Journal on March 13, 2015, came into force on March 17, 2015, implemented on May 6, 2015). [6]

Objectives of the directive

The main objectives of both traffic offense directives are:

  • Improving road safety as a priority objective of the European Union's transport policy [7] and related to it
  • Reduction in the number of deaths and injuries and in property damage, [8] and
  • the direct treatment of drivers [9] by
  • Exchange of information about road traffic offenses endangering road safety and the enforcement of sanctions (Article 1 of Directive 2011/82 / EU) whereby "the consistent punishment of road traffic offenses committed in the Union that seriously endanger road safety", according to Recital 1 of Directive (EU) 2015/413 and already Directive 2011/82 / EU should represent an important part of the transport policy of the EU and the EU member states .

Scope of the Directive

According to Article 2, the scope of Directive (EU) 2015/413 extends to the following traffic offenses in the EU and the EEA that endanger road safety :

  • Speeding,
  • Not wearing the seat belt,
  • Driving over a red light signal,
  • Drunk driving or driving under the influence of drugs
  • Not wearing a protective helmet,
  • unauthorized use of a lane,
  • unlawful use of a cell phone or other communication device while driving.

Legal basis

The adoption of Directive (EU) 2015/413 was based on Article 91 (1) (c) TFEU.

Structure of Directive (EU) 2015/413

Directive (EU) 2015/413 has the following structure:

  • Article 1 objective
  • Article 2 Scope
  • Article 3 Definitions
  • Article 4 Procedure for the exchange of information between Member States
  • Article 5 Information letter on the traffic offense endangering road safety
  • Article 6 Reporting by Member States to the Commission
  • Article 7 Data protection
  • Article 8 Information to road users in the Union
  • Article 9 Delegated Acts
  • Article 10 Exercise of the delegation
  • Article 11 Review of the Directive
  • Article 12 Implementation
  • Article 13 Entry into force
  • Article 14 Addressees
  • ANNEX I Individual data required for the search in accordance with Article 4 (1)
  • ANNEX II MODEL FORM FOR THE INFORMATION LETTER referred to in Article 5

Approach - exchange of information

The prosecution of traffic safety violations in a Union member state or EEA member state [10] due to a serious traffic violation listed in Directive (EU) 2015/413 with a motor vehicle registered in another member state is carried out by the national contact point, which exists in each member state (Article 4 Directive (EU) 2015/413). The national contact point can query the data of the vehicle and the owner of the vehicle directly. The other Member State must provide the data. In Annex II, the directive cited a model of an information letter, the use of which is, however, left to the Member States (Article 5 (2) of Directive (EU) 2015/413).

If a correspondingly requested penalty is not paid by the road user, these legally imposed penalties can be enforced by the national authorities on the basis of Framework Decision 2005/214 / JHA, provided that:

  • there is a national law on cross-border enforcement in the Member State of the Union and
  • the penalty exceeds EUR 70.00 (with exceptions, if a related agreement already exists, e.g. between Germany and Austria - agreement from 1988 - minimum penalty: EUR 25 [11] or the new police cooperation agreement between Austria-Liechtenstein-Switzerland , Changes not yet come into force).

Delayed participation in the policy

The United Kingdom , Ireland and Denmark did not have to participate in the previous Directive 2011/82 / EU and were neither bound by it nor obliged to apply it. [12]

However, in Directive (EU) 2015/413, which is based on Article 91 (1) c TFEU (transport), Denmark, Ireland and the United Kingdom must also participate. [13] The new directive has therefore applied to all member states of the European Union since 2017 at the latest . For the member states of the EEA only after appropriate implementation.

"The extension of the current rules to the United Kingdom, Ireland and Denmark is the most important change following the new directive on cross-border enforcement of sanctions adopted by the Council on March 2, 2015." [2]

See also

Weblinks

Individual evidence

  1. Official long title: Directive (EU) 2015/413 of the European Parliament and of the Council of March 11, 2015 to facilitate the cross-border exchange of information on traffic offenses endangering road safety.
  2. a b Quoted from: Press release 85/15 of the European Council .
  3. Siehe: COM (2008) 151 endg.
  4. See also Recital 4 of the Directive.
  5. See: Directive proposal COM (2014) 476 final of July 18, 2014 and Directive in the version PE-CONS 103/14.
  6. Pursuant to Art 12 subparagraph 2 of the Directive, the Kingdom of Denmark , Ireland and the United Kingdom of Great Britain and Northern Ireland can extend the specified deadline to 6 May 2017.
  7. See Recital 1 of Directive (EU) 2015/413 and Directive 2011/82 / EU.
  8. Recital 1 of Directive (EU) 2015/413 and Directive 2011/82 / EU.
  9. See Recital 7 of Directive (EU) 2015/413 and Recital 6 of Directive 2011/82 / EU.
  10. These are: Iceland , Liechtenstein and Norway . The implementation must take place separately in each EEA member state.
  11. The EUR 70 limit can include both the fine itself and the costs of the procedure. This is based on national law. On the minimum amount of the fine: Framework Decision 2005/214 / JHA of the Council of 24 February 2005 on the application of the principle of mutual recognition of financial penalties , OJ. 76, 16 of March 22, 2005, Article 7 Paragraph 2 lit. H).
  12. See Recital 23 of Directive 2011/82 / EU.
  13. See the repeal of Directive 2011/82 / EU ECJ in case C-43/12 of May 6, 2014 and press release 85/15 of the European Council .