Proposal for a Directive amending Directive (EU) 2015/413 facilitating cross-border exchange of information on road-safety-related traffic offences

Author (Corporate)
Series Details COM (2023) 126
Publication Date 01/03/2023
Content Type , ,

Summary:

Legislative initiative tabled by the European Commission on 1 March 2023, introducing amendments to Directive (EU) 2015/413 facilitating cross-border exchange of information on road-safety-related traffic offences. This is a text with EEA relevance.

Further information:

Directive (EU) 2015/413 - also known as the CBE Directive - sets out rules to reduce the impunity of foreign drivers who commit dangerous traffic offences by making it easier for police authorities in different Member States of the European Union (EU) to share information to identify offenders.

As part of its 2018 Mobility Package, the European Commission issued a Strategic Action Plan on Road Safety where it called for a new approach to counter the stagnating trend in road safety figures in the European Union (EU) and move closer to the long-term goal of zero road fatalities across the EU by 2050. In 2019, the Commission published its EU Road Safety Policy Framework 2021-2030 - Next step towards Vision Zero, in which interim targets were proposed. The target of zero fatalities in all modes of transport by 2050 was reiterated by the 2020 Sustainable and Smart Mobility Strategy, which also announced the revision of the CBE Directive.

The cross-border enforcement of road-safety-related traffic offences is one of the main pillars of the system as it reduces the impunity of foreign drivers. Previous assessment estimated that non-resident drivers are more likely to commit speeding offences than resident drivers. One of the identified reasons was that non-residents perceived that they were less likely to be sanctioned when driving in a country where they did not reside and they were less likely to face judicial action if they did not pay fines imposed by foreign authorities. The existing CBE Directive contributed to removing the anonymity of foreign offenders by increasing the number of investigated cross-border cases, but also confirmed its limitations since its deterrent effect was not sufficient to remove the offenders' impunity.

This draft law seeks to further enhance road safety by extending the scope of the CBE Directive to other road-safety-related traffic offences and streamlining related investigations for offences committed abroad, thus facilitating the cross-border enforcement of sanctions. It also aims to improve the protection of fundamental rights of non-resident drivers. The objectives include:

  1. Increase compliance of non-resident drivers with additional road-safety-related traffic rules;
  2. Streamline mutual assistance procedures between Member States in the cross-border investigation of road-safety-related traffic offences;
  3. Strengthen the protection of fundamental rights of non-resident offenders, including alignment with existing EU rules on personal data protection.

The draft law builds on the objectives of the existing framework but also responds to the need for an increased sustainability and digital transformation of road transport. The proposal was announced in the Commission's 2022 Work Programme. It was eventually adopted on 1 March 2023 as part of Road Safety legislative package. The package sought to ensure a consistent approach in the field of road safety as regards cross-border enforcement of road traffic rules. The European Parliament's relevant committee adopted a negotiating position for the proposal on 29 November. The Council of the European Union adopted its general approach to the text on 4 December. An informal agreement between the co-legislators on a compromise text for this file was reached on 13 March 2024.

Source Link https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2023:126:FIN
Related Links
Commentary and Analysis
Euronews, 06/03/2023: Here’s why you should always pay your traffic fines from the EU, especially under a proposed new law https://www.euronews.com/travel/2023/03/06/heres-why-you-should-always-pay-your-traffic-fines-from-the-eu-even-after-brexit
European Parliamentary Research Service (EPRS): Briefing, 18/01/2024: Cross-border exchange of information on road safety-related traffic offences https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2023)747915

News
EurActiv, 30/11/2023: EU Parliament backs rules to ensure foreign drivers can’t escape traffic fines https://www.euractiv.com/section/transport/news/eu-parliament-backs-rules-to-ensure-foreign-drivers-cant-escape-traffic-fines/
EurActiv, 05/12/2023: EU Council leaves mandatory driving licence medical tests up to member states https://www.euractiv.com/section/road-transport/news/eu-council-leaves-mandatory-driving-licence-medical-tests-up-to-member-states/
EurActiv, 08/02/2024: Fight over low-emission zones stalls EU negotiations on road safety https://www.euractiv.com/section/road-safety/news/fight-over-low-emission-zones-stalls-eu-negotiations-on-road-safety/
EurActiv, 13/03/2024: EU institutions reach deal to enforce cross-border traffic offences https://www.euractiv.com/section/transport/news/eu-institutions-reach-deal-to-enforce-cross-border-traffic-offences/

Official
EUR-LEX: SWD(2023)126: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2023:126:FIN
EUR-LEX: SWD(2023)127: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2023:127:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Cross-border exchange of information on road-safety-related traffic offences (2023/0052(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2023/0052(COD)
European Parliament: Legislative Train Schedule: Revision of the Directive on cross-border enforcement of traffic rules https://www.europarl.europa.eu/legislative-train/theme-a-european-green-deal/file-revision-of-the-directive-on-cross-border-enforcement-of-traffic-rules
European Commission: DG Mobility and Transport: EU Road Safety policy: Enforcement https://road-safety.transport.ec.europa.eu/eu-road-safety-policy/priorities/safe-road-use/enforcement_en
European Commission: Press Release, 01/03/2023: Road safety: Commission proposes updated requirements for driving licences and better cross-border enforcement of road traffic rules https://ec.europa.eu/commission/presscorner/detail/en/ip_23_1145
European Commission: Questions and Answers: proposals on driving licences and cross-border enforcement of traffic offences (1 March 2023) https://ec.europa.eu/commission/presscorner/detail/en/qanda_23_1146
European Commission: Press conference by Commissioner Adina Vălean on the Road Safety package (1 March 2023) https://ec.europa.eu/commission/presscorner/detail/en/speech_23_1322
Renew Europe EP Group: News, 29/11/2023: Road safety: Renew Europe no longer wants drivers to continue driving with impunity https://www.reneweuropegroup.eu/news/2023-11-29/road-safety-renew-europe-no-longer-wants-drivers-to-continue-driving-with-impunity
Council of the European Union: Press Release, 04/12/2023: Road safety: Council adopts positions for safer road traffic in the EU https://www.consilium.europa.eu/en/press/press-releases/2023/12/04/road-safety-council-adopts-positions-for-safer-road-traffic-in-the-eu/
Council of the European Union: Press Release, 12/03/2024: Road safety: Council and European Parliament strike a deal for better cooperation on road-safety-related traffic offences https://www.consilium.europa.eu/en/press/press-releases/2024/03/12/road-safety-council-and-european-parliament-strike-a-deal-for-better-cooperation-on-road-safety-related-traffic-offences/
European Parliament: Press Release, 12/03/2024: Road safety: deal on more robust investigations of traffic offences https://www.europarl.europa.eu/news/en/press-room/20240205IPR17413/
European Commission: Press Release, 13/03/2024: Provisional agreement on better cross-border enforcement of road safety traffic rules https://ec.europa.eu/commission/presscorner/detail/en/ip_24_1401

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