Index 
Texts adopted
Wednesday, 17 December 2008 - StrasbourgFinal edition
Promotion of the use of energy from renewable sources ***I
  Resolution
  Consolidated text
  Annex
 Greenhouse gas emission allowance trading system ***I
  Resolution
  Consolidated text
  Annex
 Shared effort to reduce greenhouse gas emissions ***I
  Resolution
  Consolidated text
 Geological storage of carbon dioxide ***I
  Resolution
  Consolidated text
  Annex
 Monitoring and reduction of greenhouse gas emissions from fuels (road transport and inland waterway vessels) ***I
  Resolution
  Consolidated text
  Annex
 Emission performance standards for new passenger cars ***I
  Resolution
  Consolidated text
  Annex
 Organisation of working time ***II
  Resolution
  Consolidated text
 Cross-border enforcement in the field of road safety ***I
  Resolution
  Consolidated text
  Annex

Promotion of the use of energy from renewable sources ***I
DOC 78k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 17 December 2008 on the proposal for a directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources (COM(2008)0019 – C6-0046/2008 – 2008/0016(COD) )
P6_TA(2008)0609 A6-0369/2008

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0019 ),

–   having regard to Article 251(2), Article 175(1) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0046/2008 ),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Rules 51 and 35 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on International Trade, the Committee on Economic and Monetary Affairs, the Committee on Transport and Tourism, the Committee on Regional Development and the Committee on Agriculture and Rural Development (A6-0369/2008 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Takes note of the statements of the Commission annexed to this resolution;

4.   Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at first reading on 17 December 2008 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC

P6_TC1-COD(2008)0016


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/28/EC.)

ANNEX

COMMISSION STATEMENTS

Statement by the Commission relating to Article 2(e):

The Commission is of the view that for the purposes of this directive, the term "industrial and municipal waste" may include waste denominated as "commercial waste".

Statement by the Commission relating to Article 23(8), second subparagraph, second indent:

The Commission is of the view that the reference to the target of 20% in Article 23(8), second subparagraph, second indent will not be construed in a way different to Article 3(1) of the Directive.

Statement by the Commission relating to Article 23(8)(c), (9) and (10):

The Commission acknowledges that some Member States already in 2005 have achieved a high share of renewable energy at national level. When establishing the reports referred to in Article 23(8)(c), (9) and (10), the Commission will, as part of its assessment of the best cost-benefit basis, take due account of marginal costs of increasing the share of renewable energies and will include, as appropriate, adequate solutions also for such Member States in any proposal put forward in accordance with the above mentioned Article of the Directive.

Statement by the Commission relating to Annex VII:

The Commission will seek to advance the development of the guidelines referred to in Annex VII of the Directive by 2011 and will cooperate with Member States to develop the data and the methodologies needed to estimate and monitor the contribution of heat pumps to the fulfilment of the objectives of the Directive.

The guidelines will provide for corrections to Seasonal Performance Factor (SPF) values used to assess the inclusion of heat pumps not driven by electricity to take account of the fact that the primary energy needs of such heat pumps are not affected by the efficiency of the power system. In preparing these guidelines the Commission will also evaluate the feasibility of providing for a methodology under which the SPF value used to assess the inclusion of any given heat pump is based on average EU climate conditions.


Greenhouse gas emission allowance trading system ***I
DOC 89k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 17 December 2008 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading system of the Community (COM(2008)0016 – C6-0043/2008 – 2008/0013(COD) )
P6_TA(2008)0610 A6-0406/2008

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0016 ),

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0043/2008 ),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy, the Committee on International Trade, the Committee on Economic and Monetary Affairs and the Committee on Regional Development (A6-0406/2008 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Takes note of the statements of the Commission annexed to this resolution.

4.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 17 December 2008 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading system of the Community

P6_TC1-COD(2008)0013


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/29/EC.)

ANNEX

Commission Statements

Commission statement ad Article 10, paragraph 3 on the use of revenues generated from the auctioning of allowances

Between 2013 and 2016, Member States may also use revenues generated from the auctioning of allowances to support the construction of highly efficient power plants, including new energy power plants that are CCS-ready. For new installations exceeding the degree of efficiency of a power plant according to Annex 1 to the Commission Decision of 21 December 2006 (2007/74/EC)(1) the Member States may support up to 15% of the total costs of the investment for a new installation that is CCS-ready.

Commission statement ad Article 10a, paragraph 4a

on the Community guidelines for state aid for environmental protection and the EU emissions trading system

Member States may deem it necessary to compensate temporarily certain installations from CO2 costs passed on in electricity prices if the CO2 costs might otherwise expose them to the risk of carbon leakage. In the absence of an international agreement, the Commission undertakes to modify after consulting Member States the Community guidelines on state aid for environmental protection by the end of 2010 to establish detailed provision under which Member States may grant state aid for such support. The provisions will follow the principles as presented in the document submitted to the European Parliament and the Council on 19 November 2008 (Annex 2 15713/1/08).

(1) Commission Decision of 21 December 2006 establishing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2004/8/EC of the European Parliament and of the Council (notified under document number C(2006) 6817) .


Shared effort to reduce greenhouse gas emissions ***I
DOC 66k
Resolution
Consolidated text
European Parliament legislative resolution of 17 December 2008 on the proposal for a decision of the European Parliament and of the Council on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (COM(2008)0017 – C6-0041/2008 – 2008/0014(COD) )
P6_TA(2008)0611 A6-0411/2008

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0017 ),

–   having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0041/2008 ),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs and the Committee on Regional Development (A6-0411/2008 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 17 December 2008 with a view to the adoption of Decision No .../2009/EC of the European Parliament and of the Council on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020

P6_TC1-COD(2008)0014


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Decision No 406/2009/EC.)


Geological storage of carbon dioxide ***I
DOC 88k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 17 December 2008 on the proposal for a directive of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directives 85/337/EEC, 96/61/EC, Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and Regulation (EC) No 1013/2006 (COM(2008)0018 – C6-0040/2008 – 2008/0015(COD) )
P6_TA(2008)0612 A6-0414/2008

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0018 ),

–   having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0040/2008 ),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy (A6-0414/2008 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Takes note of the statements of the Commission annexed to this resolution.

4.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 17 December 2008 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006

P6_TC1-COD(2008)0015


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/31/EC.)

ANNEX

COMMISSION STATEMENTS

Statement by the Commission on latest developments in deployment of CCS technologies

From 2010 the Commission will regularly report on latest developments in deployment of CCS technologies within its activities related to running the network of CCS demonstration projects. This reporting will include information on the progress on the CCS demo plants deployment, progress of CCS technologies development, cost estimates and the development of CO2 transport and storage infrastructure.

Statement by the Commission on draft permit decisions and on draft decisions of transfer pursuant to Articles 10 paragraph 1 and 18 paragraph 2 of the Directive

The Commission will publish all opinions on draft permit decisions pursuant to Article 10 paragraph 1 of the Directive, and on draft decisions of transfer pursuant to Article 18 paragraph 2. The published version of the opinions will, however, display no information whose confidentiality is warranted under the exceptions to public access to information under Regulations (EC) Nos 1049/2001 and (EC) 1367/2006 concerning respectively public access to European parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43) and the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).

Statement by the Commission on whether carbon dioxide should be a named substance with suitable thresholds in a revised Seveso-Directive

CO2 is a common substance and currently not classified as dangerous. CO2 transport and storage sites are therefore at the moment not included in Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (Seveso-Directive). On the basis of the Commission´s preliminary analysis of the available information, for CO2 transport, both empirical and modelled evidence for pipeline transport would seem to indicate that the risks presented are no higher than for pipeline transport of natural gas. The same would seem to be true for ship transport of CO2 as compared with ship transport of liquefied natural gas or liquefied petroleum gas. The indications are also that the accident hazard posed by a CO2 storage site, whether from rupture at injection or from post-injection leakage, is unlikely to be significant. However, the case for considering CO2 as a named substance under the Seveso-Directive will be considered in more detail when developing the proposed revision of the Directive, scheduled for late 2009/ early 2010. Should the assessment identify a relevant potential accident hazard, the Commission will make proposals to include CO2 as a named substance with suitable thresholds in the revised Seveso-Directive. In that case, the Commission would also propose changes to Annex III to Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (Environmental Liability Directive) as appropriate to ensure that all Seveso installations handling supercritical CO2 are covered under the Environmental Liability Directive.

Statement by the Commission on mineral sequestration of CO 2

Mineral sequestration of CO2 (the fixation of CO2 in the form of inorganic carbonates) is a potential climate abatement technology which could in principle be used by the same categories of industrial installation as can use geological storage of CO2. However, it is at present still in the development stage. In addition to the energy penalty(1) associated with capturing CO2, there is currently a substantial energy penalty associated with the mineral carbonation process itself, which will require to be addressed before commercial implementation can be envisaged. As with geological storage, the controls required to ensure the environmental safety of the technology would also have to be established. These controls are likely to be substantially different from those for geological storage, given the fundamental differences between the technologies. In the light of these considerations, the Commission will follow closely the technical progress with mineral sequestration, with a view to developing an enabling legal framework to allow for environmentally-safe mineral sequestration and its recognition under the Emissions Trading System, when the technology has reached an appropriate state of development. Given the interest in the technology among Member States and the pace of technological change, a first assessment is likely to be appropriate towards 2014, or earlier if circumstances warrant.

(1) 'Energy penalty' is the term used to express the fact that a plant applying CO2 capture or mineralisation uses some of its energy for those processes, and so needs more energy than a plant of equivalent output without capture/mineralisation.


Monitoring and reduction of greenhouse gas emissions from fuels (road transport and inland waterway vessels) ***I
DOC 66k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 17 December 2008 on the proposal for a directive of the European Parliament and of the Council amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions from the use of road transport fuels and amending Council Directive 1999/32/EC, as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC (COM(2007)0018 – C6-0061/2007 – 2007/0019(COD) )
P6_TA(2008)0613 A6-0496/2007

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0018 ),

–   having regard to Article 251(2) and Articles 95 and 175(1)of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0061/2007 ),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Agriculture and Rural Development (A6-0496/2007 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Takes note of the statement of the Commission annexed to this resolution.

4.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 17 December 2008 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC

P6_TC1-COD(2007)0019


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/30/EC.)

ANNEX

COMMISSION STATEMENT

The Commission confirms that the 2% reductions mentioned in Article 7a(2), letter b) and c), are not binding and that the review will address their non-binding character.


Emission performance standards for new passenger cars ***I
DOC 75k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 17 December 2008 on the proposal for a regulation of the European Parliament and of the Council setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO 2 emissions from light-duty vehicles (COM(2007)0856 – C6-0022/2008 – 2007/0297(COD) )
P6_TA(2008)0614 A6-0419/2008

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0856 ),

–   having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0022/2008 ),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Rules 51 and 35 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy(A6-0419/2008 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Takes note of the statement of the Commission annexed to this resolution.

4.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 17 December 2008 with a view to the adoption of Regulation (EC) No ../2009 of the European Parliament and of the Council setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO 2 emissions from light-duty vehicles

P6_TC1-COD(2007)0297


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 443/2009.)

ANNEX

COMMISSION STATEMENT

The Commission confirms that in 2009 it intends to propose a revision of Directive 1999/94/EC relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars. This is to ensure that consumers receive appropriate information about the CO2 emissions of new passenger cars.

The Commission will by 2010 review Directive 2007/46/EC so that the presence of innovative technologies ("eco-innovations") in a vehicle and their impact on the vehicle's specific emissions of CO2 can be communicated to the Member State authorities responsible for monitoring and reporting in accordance with the Regulation.

The Commission will also consider preparing and implementing requirements for cars to be fitted with fuel economy meters as a means to encourage more fuel-efficient driving. In this context, the Commission will consider modifying the framework type approval legislation and adopting the necessary technical standards by 2010.

The Commission is, however, committed to the aims of its Better Regulation initiative and the need for proposals to be underpinned by a comprehensive assessment of the impacts and benefits. In this regard and in accordance with the Treaty establishing the European Community, the Commission will continue to evaluate the need to bring forward new legislative proposals but reserves its right to decide if and when it would be appropriate to present any such proposal.


Organisation of working time ***II
DOC 106k
Resolution
Consolidated text
European Parliament legislative resolution of 17 December 2008 on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time (10597/2/2008 – C6-0324/2008 – 2004/0209(COD) )
P6_TA(2008)0615 A6-0440/2008

(Codecision procedure: second reading)

The European Parliament ,

–   having regard to the Council common position (10597/2/2008 – C6-0324/2008 ),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2004)0607 ),

–   having regard to the amended Commission proposal (COM(2005)0246 ),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A6-0440/2008 ),

1.   Approves the common position as amended;

2.   Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at second reading on 17 December 2008 with a view to the adoption Directive 2009/.../EC of the European Parliament and of the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time

P6_TC2-COD(2004)0209


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(2) ,

Having regard to the opinion of the Committee of the Regions(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)   Article 137 of the Treaty provides that the Community is to support and complement the activities of the Member States with a view to improving the working environment to protect workers' health and safety. Directives adopted on the basis of the aforementioned Article are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.

(2)   Directive 2003/88/EC of the European Parliament and of the Council(5) establishes minimum requirements concerning the organisation of working time, inter alia, in respect of daily and weekly rest periods, breaks, maximum weekly working time, annual leave and certain aspects of night work, shift work and patterns of work.

(3)   The third paragraph of Article 19 and the second subparagraph of Article 22(1) of Directive 2003/88/EC provide for a review before 23 November 2003.

(4)   More than ten years after the adoption of Council Directive 93/104/EC ║(6) , the initial Directive concerning the organisation of working time, it has become necessary to take into consideration new developments and demands from both employers and workers and provide the resources to meet the growth and employment objectives laid down by the European Council of 22 and 23 March 2005 in the context of the Lisbon strategy.

(5)   The reconciliation of work and family life is also an essential element for achieving the objectives set by the European Union in the Lisbon strategy, particularly for increasing the rate of employment amongst women. The aim is not only to create a more satisfactory working environment, but also to respond better to workers' demands, in particular those with family responsibilities. A number of amendments contained in this Directive are intended to permit greater compatibility between work and family life.

(6)   In this context, the Member States should encourage the social partners to conclude agreements at the appropriate level for improving the reconciliation of work and family life.

(7)   It is necessary to strengthen the protection of the safety and health of workers in view of the challenge of new forms of organisation of working time, to introduce working-time models which provide opportunities for life-long learning for workers , and also to strike a new balance between the reconciliation of work and family life on the one hand and more flexible organisation of working time on the other.

(8)    According to the case law of the Court of Justice of the European Communities, the characteristic feature of the concept of 'working time' is the requirement to be present at a place determined by the employer and available to the employer in order to be able to provide services immediately, as necessary.

(9)    In circumstances where workers have not been afforded periods of rest, compensatory rest periods must be granted following periods of time spent on duty, in accordance with the relevant law, collective agreement or other agreement between the social partners .

(10)    The provisions on the reference period for maximum weekly working time must also be re-examined, with the objective of adapting them to the needs of employers and workers , subject to safeguards for the protection of the safety and health of workers .

(11)    Whenever the duration of the employment contract is less than one year, the reference period should not be longer than the duration of the employment contract.

(12)    The experience gained in the application of Article 22(1) of Directive 2003/88/EC shows that the purely individual final decision not to be bound by Article 6 thereof is problematic with regard to the protection of the safety and health of workers and the freedom of choice of the worker. The derogation provided for in that provision should, therefore, cease to apply.

(13)    It is important that where a worker has more than one employment contract, measures are taken to ensure that the worker's working time is defined as the sum of the periods of time worked under each of the contracts.

(14)    In accordance with Article 138(2) of the Treaty, the Commission consulted management and labour at Community level on the possible direction of Community action in this field.

(15)    Following that consultation, the Commission considered that Community action was advisable and further consulted management and labour on the content of the envisaged proposal, in accordance with Article 138(3) of the Treaty.

(16)    Following that second phase of consultation, management and labour at Community level did not inform the Commission of their wish to initiate the process which could lead to the conclusion of an agreement provided for in Article 139 of the Treaty.

(17)    Since the objective of this Directive, namely modernising Community legislation concerning the organisation of working time, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(18)    This Directive respects the fundamental rights and complies with the principles recognised by the Charter of Fundamental Rights of the European Union(7) . In particular, it is designed to ensure full respect for the right to fair and just working conditions referred to in Article 31 of the Charter, and in particular paragraph 2 thereof, which provides that "every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave".

(19)    The implementation of this Directive should maintain the general level of protection afforded to workers as regards safety and health ║at work,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2003/88/EC is hereby amended as follows:

1.   In Article 2 the following points shall be inserted:"

1a. "on-call time" means any period during which the worker has the obligation to be available at the workplace in order to intervene, at the employer's request, to carry out his activity or duties;

1b. "workplace" means the place or places where the worker normally carries out his activities or duties and which is determined in accordance with the terms of the employment relationship or contract applicable to the worker;

1c. "inactive part of on-call time" means any period during which the on-call worker is on call within the meaning of point 1a but is not required by his employer to actually carry out his activity or duties;

"

2.   The following Articles shall be inserted:"

Article 2a

On-call time

The entire period of on-call time, including the inactive part, shall ▌ be regarded as working time ▌.

However, inactive parts of on-call time may, by collective agreement or other agreement between the social partners or by means of law or regulation, be calculated in a specific manner in order to comply with the maximum weekly average working time laid down in Article 6, subject to compliance with the general principles relating to the protection of the safety and health of workers.

The inactive part of on-call time shall not be taken into account in calculating the daily or weekly rest periods laid down in Articles 3 and 5 respectively ▌.

Article 2b

Calculation of working time

Where a worker has more than one employment contract, the worker's working time shall be the sum of the periods of time worked under each of the contracts.

Article 2c

Reconciliation of work and family life

The Member States shall encourage the social partners at the appropriate level, without prejudice to their autonomy, to conclude agreements aimed at improving the reconciliation of work and family life.

The Member States shall ensure, without prejudice to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community* and in consultation with the social partners, that:

   - employers inform workers well in advance of any change in the pattern of work, and
   - workers have the right to request changes to their hours or patterns of work, and employers are required to consider such requests fairly, having regard to the flexibility needs of employers and workers. An employer may refuse such a request only if the organisational disadvantages for the employer are disproportionately greater than the benefit to the worker.
_________
* OJ L 80, 23.3.2002, p. 29.

"

3.  Article 17 shall be amended as follows:

  a) ║ paragraph 1 shall be amended as follows:
   i) in the introductory part , the words "Articles 3 to 6, 8 and 16" shall be replaced by "Articles 3 to 6, Article 8 and Article 16(a) and (c)";
   ii) point (a) shall be replaced by the following: "
   a) chief executive officers (or persons in comparable positions), senior managers directly subordinate to them and persons who are directly appointed by a board of directors;
"
   b) in paragraph 2, the words "provided that the workers concerned are afforded equivalent periods of compensatory rest" shall be replaced by "provided that the workers concerned are afforded equivalent periods of compensatory rest following periods of time spent on duty, in accordance with the relevant law, collective agreement or other agreement between the social partners ";
   c) in paragraph 3, in the introductory sentence, the words "Articles 3, 4, 5, 8 and 16" shall be replaced by "Articles 3, 4, 5, 8 and Article 16(a) and (c)";
  d) paragraph 5 shall be amended as follows:
   i) the first subparagraph shall be replaced by the following:"
5.   In accordance with paragraph 2 of this Article, derogations may be made from Article 6 in the case of doctors in training, in accordance with the provisions set out in the second to the sixth subparagraphs of this paragraph. "
   ii) the last subparagraph shall be deleted.

4.   In Article 18, in the third paragraph, the words "on condition that equivalent compensating rest periods are granted to the workers concerned" shall be replaced by "on condition that equivalent compensating rest periods are granted to the workers concerned following periods of time spent on duty, in accordance with the relevant law, collective agreement or other agreement between the social partners ".

5.   Article 19 shall be replaced by the following:"

Article 19

Limitations to derogations from reference periods

▌ By way of derogation from Article 16(b), Member States shall have the option, subject to compliance with the general principles relating to the protection of the safety and health of workers, of allowing, for objective or technical reasons, or reasons concerning the organisation of work, the reference period to be set at a period not exceeding twelve months:

   a) by collective agreement or agreement between the social partners, as laid down in Article 18; or
  b) by legislative or regulatory provision following consultation of the social partners at the appropriate level, in cases where workers are not covered by collective agreements or other agreements between the social partners, provided that the Member State concerned takes the necessary measures to ensure that the employer:
   i) informs and consults workers or their representatives about the introduction of the proposed pattern of work and alterations thereto;
   ii) takes the necessary measures to prevent or remedy any health and safety risks that may be related to the proposed pattern of work .

In making use of the option pursuant to point (b) of the first paragraph, Member States shall ensure that employers respect their obligations as laid down in Section II of Directive 89/391/EEC.

"

6.   Article 22 shall be replaced by the following:"

Article 22

Miscellaneous provisions

1.   Although the general principle is that the maximum weekly working time in the European Union is 48 hours and that in practice it is an exception for workers in the European Union to work longer, Member States may decide not to apply Article 6 during a transitional period ending …* provided that they take the necessary measures to ensure the effective protection of the safety and health of workers. Implementation of this option, however, shall be expressly laid down by a collective agreement or an agreement between the social partners at the appropriate level or by national law following consultation of the social partners at the appropriate level.

2.  In any event, Member States wishing to make use of this option shall take the necessary measures to ensure that:

   a) no employer requires a worker to work more than 48 hours over a seven-day period, calculated as an average for the reference period referred to in Article 16(b), unless he has first obtained the worker's agreement to perform such work. This agreement shall be valid for a period not exceeding six months and shall be renewable;
   b) no worker shall be subjected to any detriment by his employer because he is not willing to give his agreement to perform such work or because he has withdrawn his agreement for any reason;
  c) an agreement given at:
   i) the time of the signature of the individual employment contract or during any probationary period ; or
   ii) during the first four weeks of the employment relationship
shall be null and void;
   d) every worker shall be entitled to withdraw, with immediate effect, his agreement to perform such work during the first six months after conclusion of a valid agreement or during and up to three months after the probation period specified in his contract is completed, whichever is longer, by informing his employer in due time in writing that he is doing so. Thereafter, the employer may require the worker to give, in writing, advance notice thereof, which shall not exceed two months in duration;
   e) the employer keeps up-to-date records of all workers who carry out such work and adequate records for establishing that the provisions of this Directive are complied with;
   f) the records are placed at the disposal of the competent authorities, which may, for reasons connected with the safety and health of workers, prohibit or restrict the possibility of exceeding the maximum weekly working time;
   g) the employer provides the competent authorities at their request with information on cases in which agreement has been given by workers to work for more than 48 hours over a period of seven days, calculated as an average for the reference period referred to in Article 16(b), and adequate records for establishing that the provisions of this Directive are complied with.

____________________
* 36 months after the entry into force of Directive 2009/…/EC of the European Parliament and of the Council [amending Directive 2003/88/EC concerning certain aspects of the organisation of working time].

"

7 .   Article 24 shall be replaced by the following:"

Article 24

Reports

1.   Member States shall communicate to the Commission the texts of the provisions of national law already adopted or being adopted in the field governed by this Directive.

2.   Member States shall report to the Commission every five years on the practical implementation of this Directive, indicating the viewpoints of the social partners .

The Commission shall inform the European Parliament, the Council, the European Economic and Social Committee and the Advisory Committee on Safety and Health at Work thereof.

3.   Every five years from 23 November 1996 the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Directive taking into account paragraphs 1 and 2.

"

Article 2

Member States shall lay down rules on penalties applicable in the event of infringements of national provisions implementing this Directive and shall take all necessary measures to ensure that they are applied. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by ...(8) . Member States shall notify to the Commission any subsequent amendments to those provisions in good time. They shall, in particular, ensure that workers and/or their representatives have adequate means of enforcing the obligations under this Directive.

Article 3

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by …* , or shall ensure that the social partners introduce the necessary provisions by way of an agreement, whereby the Member States must make all the necessary arrangements to enable them to guarantee at any time that the objectives of this Directive are being attained. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.

Article 4

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

(1) OJ C 92 E, 20.4.2006, p. 292.
(2) OJ C 267, 27.10.2005, p. 16.
(3) OJ C 231, 20.9.2005, p. 69.
(4) Position of the European Parliament of 11 May 2005 (OJ C 92 E, 20.4.2006, p. 292), Council Common Position of 15 September 2008 (OJ C 254 E, 7.10.2008, p. 26) and Position of the European Parliament of 17 December 2008 .
(5) OJ L 299, 18.11.2003, p. 9.
(6) OJ L 307, 13.12.1993, p. 18 . ║
(7) OJ C 364, 18.12.2000, p. 1 .
(8)* Three years after the date of entry into force of this Directive.


Cross-border enforcement in the field of road safety ***I
DOC 118k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 17 December 2008 on the proposal for a directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety (COM(2008)0151 – C6-0149/2008 – 2008/0062(COD) )
P6_TA(2008)0616 A6-0371/2008

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0151 ),

–   having regard to Article 251, paragraph 2 and Article 71, paragraph 1(c) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0149/2008 ),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0371/2008 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 17 December 2008 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety

P6_TC1-COD(2008)0062


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof,

Having regard to the proposal from the Commission║,

Having regard to the opinion of the European Economic and Social Committee(1) ,

Having regard to the opinion of the Committee of the Regions(2) ,

Having regard to the opinion of the European Data Protection Supervisor(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)   The European Union is pursuing a policy to improve road safety with the objective of reducing fatalities, injuries and material damage. Consistent enforcement of sanctions for road traffic offences which are known to considerably jeopardise road safety is an important instrument for achieving this objective.

(2)   However, sanctions in the form of financial penalties for certain road traffic offences are often not enforced if they are committed with a vehicle which is registered in a Member State other than the Member State where the offence took place because of a lack of appropriate mechanisms.

(3)   In order to improve road safety throughout the European Union and to ensure equal treatment between resident and non-resident offenders, enforcement should be facilitated irrespective of the Member State in which the vehicle with which an offence has been committed is registered. To this end, a system of cross-border exchange of information should be put in place.

(4)   Such a system is of particular value in relation to road traffic offences detected by automated devices where the identity of the offender cannot immediately be established, such as speeding or failing to stop at a red traffic light. It is also useful in order to enable the follow-up of offences where verification of the vehicle registration details may be necessary, in the case where the vehicle has been stopped. This is notably the case for drink driving.

(5)   The types of road traffic offences to be covered by this system should reflect their seriousness in terms of endangering road safety and should cover offences which are qualified as traffic offences in the laws of all Member States. It is accordingly appropriate to make provision in relation to speeding, drink-driving, non-use of a seat-belt, and failing to stop at a red traffic light. The Commission will continue to monitor developments across the European Union in respect of other road traffic offences with serious implications for road safety. Following the submission of a report on the implementation of this Directive two years after its entry into force, the Commission should, if appropriate, propose a revision of the Directive regarding the possibility of extending its scope to include any other categories of road traffic infringements .

(6)    To guarantee a sufficient degree of road safety and to ensure that the financial penalties applicable are proportionate, the Commission should hold discussions with the Member States on the introduction of harmonised fixed financial penalties for road traffic infringements and should also encourage the exchange of best practices between Member States.

(7 )   In order to ensure its effectiveness, the system of enforcement should cover the phases between the detection of an offence and the sending of an offence notification, based on a standard model, to the holder of the registration certificate of the vehicle concerned. Once a final decision has been taken, ║ Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties(5) of 24 February 2005 may apply. Where that Framework Decision cannot be applied, for example because sanction decisions do not fall within the scope of criminal law, the effectiveness of the sanctions should nevertheless be ensured by other sanction enforcement measures. A minimum standard ought to be introduced for offence notifications, including the reply form and by using more compatible methods of sending them so that cross-border enforcement becomes more reliable and more effective.

(8)    Further, the cross-border exchange of information should be carried out rapidly by electronic means. To this end, it is desirable that secure Community electronic networks be set up, enabling the exchange of information to be carried out in secure conditions and ensuring the confidentiality of the data transmitted .

(9 )   Since the data relating to the identification of an offender is personal, Member States must take the measures necessary to ensure that Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(6) is complied with. The offender should be informed accordingly, when notified of the offence, of his or her rights regarding access to, rectification of and deletion of data and of the maximum legal period for which the data can be kept.

(10)    Apart from the temporary nature of their storage, data collected under this Directive should not, under any circumstances, be used for purposes beyond what is required in order to follow up road safety offences. The Commission and the Member States should accordingly ensure that the processing of personal data and the management of the Community electronic network will serve to prevent any data collected from being used for purposes other than those specifically related to road safety.

(11)    As far as road safety controls are concerned, Member States should harmonise their methods so that their practices are comparable at EU level. Minimum standards on control practices should thus be developed in each Member State.

(12)    Technical equipment for road safety controls should also be harmonised in future in order to ensure the convergence of control measures between Member States. Technical harmonisation of this kind should be proposed by the Commission during the revision referred to in Article 14 .

(13)    The Commission and Member States should take whatever measures are necessary to inform, and raise the awareness of, EU citizens as regards the implementation of this Directive. Appropriate information on the consequences of a failure to comply with road safety rules may thus have a deterrent effect upstream on the commission of road traffic offence s .

(14)    The Commission should focus in the future on facilitating cross-border enforcement of road traffic infringements, in particular those related to serious traffic accidents.

(15 )   The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7) .

(16 )   In particular, power should be conferred on the Commission to adopt measures concerning the adaptation of the Annex. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(17 )   Since the objective of this Directive, namely facilitating the cross-border enforcement of sanctions for certain road traffic offences, cannot be sufficiently achieved by the Member States themselves and can therefore, by reason of their scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity enshrined in Article 5 of the Treaty. In accordance with the principle of proportionality set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective ,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.  This Directive establishes a system to facilitate the cross-border enforcement of sanctions for the following road traffic offences:

   a) speeding;
   b) drink-driving;
   c) non-use of a seat-belt;
   d) failing to stop at a red traffic light.

2.   This Directive only applies insofar as the sanction to be imposed for the offence concerned is or includes a financial penalty.

Article 2

Definitions

For the purpose of this Directive the following definitions shall apply:

   a) "holder" means the holder of the registration certificate of the vehicle concerned, including motorcycles ;

(b)   "State of offence" means the Member State where the offence has been committed;

(c)  "State of residence" means the Member State where the vehicle with which the offence has been committed is registered;

   d) "competent authority" means a single contact point in each Member State responsible for facilitating the implementation of this Directive ;
   e) "central authority" means the authority responsible for ensuring data protection in each Member State;
   f) "final administrative decision" means any final decision requiring a financial penalty to be paid, other than a decision falling within the definition of Article 1 of Framework Decision 2005/214/JHA;
   ( g ) "speeding" means exceeding speed limits in force in the State of offence for the road or type of vehicle concerned;
   ( h ) "drink-driving" means driving with a blood alcohol level higher than the maximum level in force in the State of offence;
   ( i ) "non-use of a seat belt" means failing to comply with the requirement to wear a seat-belt or use a child restraint in cases where the use of such equipment is mandatory in accordance with Council Directive 91/671/EEC(8) or the national law in the State of offence;
   ( j ) "failing to stop at a red traffic light" means the offence of driving through a red traffic light as it is defined in the law of the State of offence.

Article 3

EU-wide road safety guidelines

1.    With a view to pursuing a road safety policy aiming for a high level of protection for all road users in the European Union and taking into account the widely differing circumstances within the European Union, Member States shall act, without prejudice to more restrictive policies and laws, in order to provide for a minimum set of road safety guidelines within the scope of this Directive. To achieve that aim, the Commission shall adopt EU-wide road safety guidelines in accordance with the regulatory procedure with scrutiny referred to in Article 13(2). The guidelines shall conform to the basic principles set out in this Article .

2.    As regards speed, the use of automatic checking equipment on motorways, secondary roads, and urban roads shall be encouraged in particular on those sections of the road network where the number of accidents caused by speeding is higher than average.

The recommendations adopted for the purposes of these guidelines shall seek to ensure that the number of speed checks using automatic equipment increases by 30% in Member States where the number of road fatalities on is above the EU average and the fall in the number of road fatalities on since 2001 is below the EU average. A good geographical coverage of the territory of each Member State shall be ensured.

3.    As regards drink-driving, Member States shall, as a matter of priority, carry out random tests in places where, and at times when, non-compliance is frequent and the risk of accidents increases .

Member States shall ensure that at least 30% of drivers can be tested annually.

4.    As regards the use of seat belts, intensive checking operations shall be conducted for at least six weeks in any one year by Member States where less than 70% of road users wear seat belts, in particular in places where, and at times when, non-compliance is frequent.

5.    As regards failure to stop at a red traffic light, automatic checking equipment shall be used primarily for junctions where the rules are often breached and a higher than average number of accidents occur as a result of driving through a red traffic light.

6.    The guidelines shall recommend that Member States exchange good practices; in particular, they shall call on Member States which are most advanced in the area of automatic checking to provide technical assistance to those Member States which so request.

CHAPTER II

PROVISIONS FACILITATING CROSS-BORDER ENFORCEMENT

Article 4

Procedure for the exchange of information between Member States

1.   When an offence has been committed in a Member State with a vehicle which is registered in another Member State, and the case is not sanctioned and closed immediately by an authority which is in charge of pursuing the offence in the State of offence, the competent authority in that State shall send the vehicle registration number and information concerning the place and date of the offence to the competent authority in the other Member States or the State of residence if this can be identified. It shall do so in the same circumstances and under the same conditions in which it would pursue that offence if committed with a vehicle registered in its own territory.

2.  The competent authority in the State of residence shall transmit immediately the following information only to the competent authority in the State of offence:

   a) the make and model of the vehicle which has the registration number concerned;
   b) in cases where the holder of the registration certificate of the vehicle concerned is a natural person, the name, address, date and place of birth;
   c) in cases where the holder of the registration certificate of the vehicle concerned is a legal person, the name and address.

3.   Information exchange with regard to the processing of personal data and the free movement of data in this connection shall take place in compliance with Directive 95/46/EC. The competent authorities of the other Member States shall not store the information sent by the State of offence. This information shall be sent solely for the purposes of this Directive, and, upon conclusion of proceedings, all data must be verifiably deleted.

Article 5

Use of an electronic network

1.   Member States shall take all necessary measures to ensure that the exchange of information described in Article 4 is carried out by electronic means. For this purpose, Member States shall take all necessary measures to ensure that a Community electronic network based on common rules is set up no later than 12 months after the date mentioned in Article 15(1).

2.   Common rules concerning the implementation of paragraph 1 shall be adopted by the Commission by the date mentioned in Article 15(1) in accordance with the regulatory procedure with scrutiny referred to in Article 13(2) .

These common rules shall include in particular provisions on the following:

   a) the format of the data exchanged;
   b) the technical procedures for electronic exchange of the data between Member States, guaranteeing the security and confidentiality of the data transmitted ;
   c) personal data security and protection rules to prevent data being used for purposes other than those for which they were intended.

Article 6

Offence notification

1.   Upon receipt of the information described in Article 4(2) , the authority in the State of offence which is in charge of pursuing the offences covered by this Directive shall send an offence notification to the holder. The notification shall be established on the basis of the model set out in the Annex.

2.   The offence notification shall, as a minimum, contain the subject of the notification, the name of the authority responsible for enforcing the financial penalties, the name of the competent authority responsible for applying this Directive and a description of the relevant details of the offence concerned. It shall specify the amount of the financial penalty, the simplest payment procedures, the date by when it must be paid, the possibilities for contesting the grounds for issuing the offence notification and for appealing against a decision imposing a financial penalty, and the procedure to be followed in case of dispute or appeal.

3 .   Any financial penalty imposed under this Directive shall be non discriminatory in terms of nationality and shall be imposed under the law of the State of offence.

4 .   The offence notification shall inform the holder that he must complete a reply form within a specified period if he does not intend to pay the financial penalty. It shall also inform the holder that, any refusal to pay, shall be communicated to the competent authority of the State of residence for enforcement of the decision .

5 .   The offence notification shall notify the holder that his or her personal data shall be treated in accordance with the provisions of Directive 95/46/EC and shall point out his or her rights as regards access, correction and deletion, as referred to in Article 11 of this Directive.

6 .   Should the holder not have been the driver at the time when the offence was committed, he or she shall supply the details of the identity of the driver in compliance with the law of the State of residence. This shall not apply where there is an agreement between two or more Member States aimed at dealing with problems arising from the implementation of this Article.

7 .   The offence notification shall be communicated to the holder in the official language or languages of the State of residence, as specified by this State.

8 .   The Commission may adapt the model offence notification in order to take account of technical developments. Those measures designed to amend non-essential technical elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(2).

9 .   For the purposes of this Directive no financial penalty shall be issued in respect of an offence committed before the date of entry into force of this Directive.

Article 7

Follow-up of road traffic infringements

1.    Where the financial penalty has not been paid and the procedures to be followed in the case of a dispute or appeal have been exhausted, Framework Decision 2005/214/JHA shall apply as regards the financial penalties referred to in Article 1 of that Framework Decision.

2.    In cases of non-payment referred to in paragraph 1, but in respect of financial penalties which do not fall within the scope of that Framework Decision, the competent authority of the State of offence shall transmit the final decision to the competent authority of the State of residence for enforcement of the financial penalty.

Article 8

Recognition and enforcement of financial penalties

1.   The competent authority of the State of residence shall, without any other formality, recognise a final administrative decision imposing a financial penalty transmitted to it pursuant to Article 7(2) and, without delay, take every step required to enforce it, except where it decides to invoke one of the following grounds for non-recognition or non-enforcement:

   a) the law of the State of residence provides for immunity which makes enforcement of the decision impossible;
   b) the party concerned has not been informed of his or her right of appeal and of the deadline for lodging such an appeal.

2.    Enforcement of the decision imposing the financial penalty by the competent authority of the State of residence shall be governed by the law of the State of residence in the same way as a financial penalty in the State of residence.

3.    The competent authority of the State of offence shall immediately inform the competent authority of the State of residence of any decision or measure which stands in the way of enforcement of the decision. The competent authority of the State of residence shall cease the enforcement of the decision as soon as it has been informed of that decision or measure by the competent authority of the State of the offence.

Article 9

Information transmitted by the State of residence

The competent authority of the State of residence shall forthwith inform the competent authority of the State of offence by any means in which the following is recorded in writing of:

   a) the transmission of the decision to the competent authority;
   b) any decision not to enforce a decision together with the reasons justifying such a decision;
   c) the enforcement of the decision as soon as it has been completed.

Article 10

Central authorities

1.   Each Member State shall designate a central authority to assist with the application of this Directive.

2.   Each Member State shall communicate to the Commission within six months of the entry into force of this Directive the names and addresses of the central authorities designated pursuant to this Article.

3.   The Commission shall communicate the information described in paragraph 2 to the other Member States.

Article 11

Right of access, correction and deletion

1.   Without prejudice to the right of data subjects under national legislation pursuant to Article 12(a) of Directive 95/46/EC, any person shall have the right to obtain communication of their personal data recorded in the State of residence which was transmitted to the requesting Member State.

2.   Without prejudice to the observance of the procedural requirements for appeal and the redress mechanisms of the Member State concerned, any person concerned shall have the right to obtain the correction of any inaccurate personal data or the deletion of any data recorded unlawfully without delay.

3.   Data subjects can exercise the rights mentioned in paragraph 2 before the central authority of their country of residence.

Article 12

Information for drivers in the European Union

1.    Member States shall take appropriate action in order to provide road users with the necessary information about the measures implementing this Directive. Such information may be passed on through, among other organisations, road safety bodies, non governmental organisations active in the field of road safety or automobile clubs.

Member States shall ensure that the rules on speed limits are displayed on signs erected on every motorway crossing their borders.

2.    The Commission shall post a summary of the rules in force in Member States in the field covered by this Directive on its website.

CHAPTER III

COMMITTEE PROCEDURE

Article 13

Committee

1.   The Commission shall be assisted by a Committee on road safety enforcement

2.    Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 14

Revision and report

1.    By ... (9) the Commission shall submit a report to the Parliament and the Council on implementation of this Directive by the Member States and its effectiveness in terms of the goal of reducing the number of fatalities on the EU's roads.

2.    On the basis of that report, the Commission shall consider how the scope of this Directive might be extended to cover other road traffic infringements.

3.    In the same report the Commission shall put forward proposals to harmonise checking equipment on the basis of Community criteria and road safety checking procedures.

4.    In the report the Commission shall further assess how the Member States have, on a voluntary basis, implemented the EU-wide road safety guidelines referred to in Article 3 and shall consider whether those recommendations contained in those guidelines should be made mandatory. If appropriate, the Commission shall submit a proposal amending this Directive.

CHAPTER IV

FINAL PROVISIONS

Article 15

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest twelve months after its entry into force. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 16

Entry into force

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 17

Addressees

This Directive is addressed to the Member States.

Done at ║,

For the European Parliament For the Council

The President The President

ANNEX

FORM for the offence notification

referred to in Article 6

[COVERPAGE]

[Name, address and telephone number of sender] [Name and address of addressee]

notification

of a traffic offence committed in .......... [name of Member State where the offence has been committed]

[the above text appears on this coverpage in all the official EU languages]

Page 2

On [date ...... ] a traffic offence committed with the vehicle with registration number .............., make .........., model ............ was detected by .................[name of the the responsible body].

You are registered as the holder of the registration certificate of the abovementioned vehicle.

The relevant details of the offence are described on page 3 below.

The amount of the financial penalty due for this offence is .........€ / national currency.

Deadline for the payment is .......................

If you do not pay this financial penalty, you are obliged to complete the attached reply form (page 4) and send it to the address shown. This reply form may be transmitted by [the competent authority of the State of offence] to [the competent authority of the State of residence] for enforcement of the sanction decision.

INFORMATION

This case will be examined by the competent authority in the State of offence.

If this case is not pursued, you will be informed within 60 days from receipt of the reply form.

If this case is pursued, the following procedure applies:

[to be filled in by the State of offence - what the further procedure will be, including details of the possibility and procedure of appeal against the decision to pursue the case. These details shall in any event include: name and address of the authority in charge of pursuing the case; deadline for payment; name and address of the relevant appeal body; deadline for appeal].

___________________________________________________________________________

page 3

Relevant details concerning the offence

(a)   Data concerning the vehicle with which the offence has been committed:

Registration number:

Country of registration:

Make and model:

(b)   Data concerning the offence

Place, date and time where it occurred:

Nature and legal classification of the offence:

speeding, drink-driving, non-use of seatbelt or child restraint system, failing to stop at a red traffic light(10)

Detailed description of the offence:

Reference to the relevant legal provision(s):

Description of or reference to the evidence for the offence:

(c)   Data concerning the device that has been used for detecting the offence(11)

Type of device for detection of speeding, drink-driving, failing to stop at a red traffic light or non-use of seat belt1 :

Specification of the device:

Identification number of the device:

Expiry date for the last gauging:

(d)   The result of the application of the device:

[example for speeding; other offences to be added:]

The maximum speed:

The measured speed:

The measured speed corrected for margin of error:

page 4

Reply form

(please complete using block capitals and mark the applicable option)

A.   Identity of the driver:

Were you the driver of the vehicle at the time of the commission of the offence

(yes/no)

If yes, please complete the following:

   - Name and first name:
   - Place and date of birth:
   - Number of driving licence: ... delivered (date): ... and at (place):
   - Address:

If you were not the driver of the vehicle at the time of the commission of the offence, are you able to indicate the identity of the driver

(yes/no)

If yes, please complete the following in respect of the driver:

   - Name and first name:
   - Place and date of birth:
   - Number of driving licence: ... delivered (date): ... and at (place):
   - Address:

B.   List of questions:

(1)   Is the vehicle, make ... registration number ... registered in your name?

yes/no

If not, the holder of the registration certificate is:

(name, first name, address)

(2)   Do you acknowledge that you committed the offence?

yes/no

(3)   If you do not acknowledge this, and if you refuse to reveal the identity of the driver, please explain why:

Please send the completed form within 60 days from the date of this notification to the following authority:

at the following address:

(1) OJ C ...
(2) OJ C ...
(3) OJ C 310, 5.12.2008, p. 9 .
(4) Position of the European Parliament of 17 December 2008.
(5) OJ L 76, 22.3.2005, p. 16.
(6) OJ L 281, 23.11.1995, p. 31.
(7) OJ L 184, 17.7.1999, p. 23. ║
(8) Council Directive 91/671/EEC of 16 December 1991 on the approximation of the laws of the Member States relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes (OJ L 373, 31.12.1991, p. 26)║.
(9)* Two years after the entry into force of this Directive .
(10) Delete what is not applicable.
(11) Not applicable if no device has been used.

Last updated: 22 September 2009Legal notice