title: Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences

text:
               5.11.2011

               EN

               Official Journal of the European Union

               L 288/1

         DIRECTIVE 2011/82/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 25 October 2011
   facilitating the cross-border exchange of information on road safety related traffic offences
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 87(2) thereof,
   Having regard to the proposal from the European Commission,
   Acting in accordance with the ordinary legislative procedure (1),
   Whereas:

               (1)

               Improving road safety is a prime objective of the Union's transport policy. The Union is pursuing a policy to improve road safety with the objective of reducing fatalities, injuries and material damage. An important element of that policy is the consistent enforcement of sanctions for road traffic offences committed in the Union which considerably jeopardise road safety.

               (2)

               However, due to a lack of appropriate procedures and notwithstanding existing possibilities under Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (2) and Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (3) (the ‧Prüm Decisions‧), sanctions in the form of financial penalties for certain road traffic offences are often not enforced if those offences are committed with a vehicle which is registered in a Member State other than the Member State where the offence took place. This Directive aims to ensure that even in such cases, the effectiveness of the investigation of road safety related traffic offences should be ensured.

               (3)

               The Commission, in its Communication of 20 July 2010 entitled ‧Towards a European road safety area: policy orientations on road safety 2011-2020‧, emphasised that enforcement remains a key factor in creating the conditions for a considerable reduction in the number of deaths and injuries. The Council, in its conclusions of 2 December 2010 on road safety, called also for consideration of the need for further strengthening of enforcement of road traffic rules by Member States and, where appropriate, at Union level. It invited the Commission to examine the possibilities of harmonising traffic rules at Union level where appropriate. The Commission should therefore assess the need to propose in the future further measures on facilitating cross-border enforcement with regard to road traffic offences, in particular those related to serious traffic accidents.

               (4)

               Greater convergence of control measures between Member States should also be encouraged and the Commission should examine in this respect the need for developing common standards for automatic checking equipment for road safety controls.

               (5)

               The awareness of Union citizens should be raised as regards the road safety traffic rules in force in different Member States and as regards the implementation of this Directive, in particular through appropriate measures guaranteeing the provision of sufficient information on the consequences of not respecting the road safety traffic rules when travelling in a Member State other than the Member State of registration.

               (6)

               In order to improve road safety throughout the Union and to ensure equal treatment of drivers, namely resident and non-resident offenders, enforcement should be facilitated irrespective of the Member State of registration of the vehicle. To this end, a system of cross-border exchange of information should be put in place for certain identified road safety related traffic offences, regardless of their administrative or criminal nature under the law of the Member State concerned, granting the Member State of the offence access to vehicle registration data (VRD) of the Member State of registration.

               (7)

               A more efficient cross-border exchange of VRD, which should facilitate the identification of persons suspected of committing a road safety related traffic offence, may increase the deterrent effect and induce more cautious behaviour by the driver of a vehicle that is registered in a Member State other than the Member State of the offence, thereby preventing casualties due to road traffic accidents.

               (8)

               The road safety related traffic offences covered by this Directive are not subject to homogeneous treatment in the Member States. Some Member States qualify such offences under national law as ‧administrative‧ offences while others qualify them as ‧criminal‧ offences. This Directive should apply regardless of how those offences are qualified under national law.

               (9)

               In the framework of the Prüm Decisions, Member States grant each other the right of access to their VRD in order to improve the exchange of information and to speed up the procedures in force. The provisions concerning the technical specifications and the availability of automated data exchange set out in the Prüm Decisions should, as far as possible, be included in this Directive.

               (10)

               Existing software applications should be the basis for the data exchange under this Directive and should, at the same time, also facilitate the reporting by Member States to the Commission. Such applications should provide for the expeditious, secure and confidential exchange of specific VRD between Member States. Advantage should be taken of the European Vehicle and Driving Licence Information System (Eucaris) software application, which is mandatory for Member States under the Prüm Decisions as regards VRD. The Commission should report on an assessment of the functioning of the software applications used for the purposes of this Directive.

               (11)

               The scope of the above-mentioned software applications should be limited to the processes used in the exchange of information between the national contact points in the Member States. Procedures and automated processes in which the information is to be used are outside the scope of such applications.

               (12)

               The Information Management Strategy for EU internal security aims at finding the simplest and most easily traceable and cost-effective solutions for data exchange.

               (13)

               Member States should be able to contact the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep the person concerned informed of the applicable procedures and the legal consequences under the law of the Member State of the offence. In doing so, Member States should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned, to ensure that that person has a clear understanding of the information which is being shared with the person concerned. Member States should apply the appropriate procedures to ensure that only the person concerned is informed and not a third party. To that effect, Member States should use detailed arrangements similar to those adopted for following up such offences including means such as, where appropriate, registered delivery. This will allow that person to respond to the information in an appropriate way, in particular by asking for more information, settling the fine or by exercising his/her rights of defence, in particular in the case of mistaken identity. Further proceedings are covered by applicable legal instruments, including instruments on mutual assistance and on mutual recognition, for example Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (4).

               (14)

               Member States should consider providing equivalent translation with respect to the information letter sent by the Member State of the offence, as provided for in Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (5).

               (15)

               With a view to pursuing a road safety policy aiming for a high level of protection for all road users in the Union and taking into account the widely differing circumstances pertaining within the Union, Member States should act, without prejudice to more restrictive policies and laws, in order to ensure greater convergence of road traffic rules and of their enforcement between Member States. In the framework of its report to the European Parliament and to the Council on the application of this Directive, the Commission should examine the need to develop common standards in order to establish comparable methods, practices and minimum standards at Union level taking into account international cooperation and existing agreements in the field of road safety, in particular the Vienna Convention on Road Traffic of 8 November 1968.

               (16)

               In the framework of its report to the European Parliament and to the Council on the application of this Directive by the Member States, the Commission should examine the need for common criteria for follow-up procedures by the Member States in the event of non-payment of a financial penalty, in accordance with Member States' laws and procedures. In this report, the Commission should address issues such as the procedures between the competent authorities of the Member States for the transmission of the final decision to impose a sanction and/or financial penalty as well as the recognition and enforcement of the final decision.

               (17)

               In preparing the review of this Directive, the Commission should consult the relevant stakeholders, such as road safety and law enforcement authorities or bodies, victims' associations and other non-governmental organisations active in the field of road safety.

               (18)

               Closer cooperation between law enforcement authorities should go hand in hand with respect for fundamental rights, in particular the right to respect for privacy and to protection of personal data, guaranteed by special data protection arrangements which should take particular account of the specific nature of cross-border online access to databases. It is necessary that the software applications to be set up enable the exchange of information to be carried out in secure conditions and ensure the confidentiality of the data transmitted. The data gathered under this Directive should not be used for purposes other than those of this Directive. Member States should comply with the obligations on the conditions of use and of temporary storage of the data.

               (19)

               Since the data relating to the identification of an offender are personal data, Member States should take the measures necessary to ensure that the relevant provisions of Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (6) are applied. Without prejudice to the observance of the procedural requirements for appeal and the redress mechanisms of the Member State concerned, the data subject should be informed accordingly, when notified of the offence, of the right to access, the right to rectification and deletion of personal data as well as of the maximum legal storage period of the data and should have the right to obtain the correction of any inaccurate personal data or the immediate deletion of any data recorded unlawfully.

               (20)

               It should be possible for third countries to participate in the exchange of VRD provided that they have concluded an agreement with the Union to this effect. Such an agreement would have to include necessary provisions on data protection.

               (21)

               This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union.

               (22)

               In accordance with Articles 1 and 2 of the Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.

               (23)

               In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

               (24)

               In order to achieve the objective of exchange of information between Member States through interoperable means, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of taking into account relevant changes to Decision 2008/615/JHA and Decision 2008/616/JHA or where required by legal acts of the Union directly relevant for the update of Annex I. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

               (25)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (7), Member States are encouraged to draw up, for themselves and in the interest of the Union, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public.

               (26)

               Since the objective of this Directive, namely to ensure a high level of protection for all road users in the Union by facilitating the cross-border exchange of information on road safety related traffic offences, where they are committed with a vehicle registered in a Member State other than the Member State where the offence took place, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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.

               (27)

               The European Data Protection Supervisor was consulted and adopted an opinion (8),

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Objective
   This Directive aims to ensure a high level of protection for all road users in the Union by facilitating the cross-border exchange of information on road safety related traffic offences and thereby the enforcement of sanctions, where those offences are committed with a vehicle registered in a Member State other than the Member State where the offence took place.
   Article 2
   Scope
   This Directive shall apply to the following road safety related traffic offences:

               (a)

               speeding;

               (b)

               non-use of a seat-belt;

               (c)

               failing to stop at a red traffic light;

               (d)

               drink-driving;

               (e)

               driving under the influence of drugs;

               (f)

               failing to wear a safety helmet;

               (g)

               use of a forbidden lane;

               (h)

               illegally using a mobile telephone or any other communication devices while driving.

         Article 3
   Definitions
   For the purposes of this Directive, the following definitions shall apply:

               (a)

               ‧vehicle‧ means any power-driven vehicle including motorcycles, which is normally used for carrying persons or goods by road;

               (b)

               ‧Member State of the offence‧ means the Member State where the offence has been committed;

               (c)

               ‧Member State of registration‧ means the Member State where the vehicle with which the offence has been committed is registered;

               (d)

               ‧speeding‧ means exceeding the speed limits in force in the Member State of the offence for the road and the type of vehicle concerned;

               (e)

               ‧non-use of a seat-belt‧ means failing to comply with the requirement to wear a seat-belt or use a child restraint in accordance with Council Directive 91/671/EEC of 16 December 1991 relating to the compulsory use of safety belts and child-restraint systems in vehicles (9) and the law of the Member State of the offence;

               (f)

               ‧failing to stop at a red traffic light‧ means driving through a red traffic light or any other relevant stop signal, as defined in the law of the Member State of the offence;

               (g)

               ‧drink-driving‧ means driving while impaired by alcohol, as defined in the law of the Member State of the offence;

               (h)

               ‧driving under the influence of drugs‧ means driving while impaired by drugs or other substances having a similar effect, as defined in the law of the Member State of the offence;

               (i)

               ‧failing to wear a safety helmet‧ means not wearing a safety helmet, as defined in the law of the Member State of the offence;

               (j)

               ‧use of a forbidden lane‧ means illegally using part of a road section, such as an emergency lane, public transport lane or temporary closed lane for reasons of congestion or road works, as defined in the law of the Member State of the offence;

               (k)

               ‧illegally using a mobile telephone or any other communication devices while driving‧ means illegally using a mobile telephone or any other communication devices while driving, as defined in the law of the Member State of the offence;

               (l)

               ‧national contact point‧ means a designated competent authority for the exchange of VRD;

               (m)

               ‧automated search‧ means an online access procedure for consulting the databases of one, several, or all of the Member States or of the participating countries;

               (n)

               ‧holder of the vehicle‧ means the person in whose name the vehicle is registered, as defined in the law of the Member State of registration.

         Article 4
   Procedure for the exchange of information between Member States
   1.   For the investigation of the road safety related traffic offences referred to in Article 2, the Member States shall allow other Member States' national contact points, as referred to in paragraph 3 of this Article, access to the following national VRD, with the power to conduct automated searches on:

               (a)

               data relating to vehicles; and

               (b)

               data relating to owners or holders of the vehicle.

         The data elements referred to in points (a) and (b) which are necessary to conduct the search shall be in compliance with Annex I.
   2.   Any searches in the form of outgoing requests shall be conducted by the national contact point of the Member State of the offence using a full registration number.
   Those searches shall be conducted in compliance with the procedures as described in Chapter 3 of the Annex to Decision 2008/616/JHA, except for point 1 of Chapter 3 of the Annex to Decision 2008/616/JHA, for which Annex I to this Directive shall apply.
   The Member State of the offence shall, under this Directive, use the data obtained in order to establish who is personally liable for road safety related traffic offences referred to in Articles 2 and 3.
   3.   For the purposes of the exchange of data as referred to in paragraph 1, each Member State shall designate a national contact point. The powers of the national contact points shall be governed by the applicable law of the Member State concerned.
   4.   Member States shall take all necessary measures to ensure that the exchange of information is carried out by interoperable electronic means without exchange of data involving other databases. Member States shall ensure that this exchange of information is conducted in a cost efficient and secure manner and ensure the security and protection of the data transmitted, as far as possible using existing software applications such as the one especially designed for the purposes of Article 12 of Decision 2008/615/JHA, and amended versions of those software applications, in compliance with Annex I to this Directive and with points 2 and 3 of Chapter 3 of the Annex to Decision 2008/616/JHA. The amended versions of the software applications shall provide for both online real-time exchange mode and batch exchange mode, the latter allowing for the exchange of multiple requests or responses within one message.
   5.   Each Member State shall bear its costs arising from the administration, use and maintenance of the software applications referred to in paragraph 4.
   Article 5
   Information letter on the road safety related traffic offence
   1.   The Member State of the offence shall decide whether to initiate follow-up proceedings in relation to the road safety related traffic offences referred to in Article 2 or not.
   In the event that the Member State of the offence decides to initiate such proceedings, that Member State shall, in conformity with its national law, inform the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence accordingly.
   This information shall, as applicable under national law, include the legal consequences thereof within the territory of the Member State of the offence under the law of that Member State.
   2.   When sending the information letter to the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence, the Member State of the offence shall, in accordance with its law, include any relevant information, notably the nature of the road safety related traffic offence referred to in Article 2, the place, date and time of the offence, the title of the texts of the national law infringed and the sanction and, where appropriate, data concerning the device used for detecting the offence. For that purpose, the Member State of the offence may use the template as set out in Annex II.
   3.   Where the Member State of the offence decides to initiate follow-up proceedings in relation to the road safety related traffic offences referred to in Article 2, the Member State of the offence, for the purpose of ensuring the respect of fundamental rights, sends the information letter in the language of the registration document, if available, or in one of the official languages of the Member State of registration.
   Article 6
   Reporting by Member States to the Commission
   Member States shall send a preliminary report to the Commission by 7 November 2014. They shall also send a comprehensive report to the Commission by 6 May 2016 and every two years thereafter.
   The comprehensive report shall indicate the number of automated searches conducted by the Member State of the offence addressed to the national contact point of the Member State of registration following offences committed on its territory, together with the type of offences for which requests were addressed and the number of failed requests.
   The comprehensive report shall also include a description of the situation at national level in relation to the follow-up given to the road safety related traffic offences, based on the proportion of such offences which have been followed up by information letters.
   Article 7
   Data protection
   1.   The provisions on data protection set out in Framework Decision 2008/977/JHA shall apply to personal data processed under this Directive.
   2.   In particular, each Member State shall ensure that personal data processed under this Directive are, within an appropriate time period, rectified if inaccurate, or erased or blocked when they are no longer required, in accordance with Articles 4 and 5 of Framework Decision 2008/977/JHA, and that a time limit for the storage of data is established in accordance with Article 9 of that Framework Decision.
   Member States shall ensure that all personal data processed under this Directive are only used for the objective set out in Article 1, and that the data subjects have the same rights to information to access, to rectification, erasure and blocking, to compensation and to judicial redress as those adopted under national law in implementation of relevant provisions of Framework Decision 2008/977/JHA.
   All relevant provisions on data protection set out in the Prüm Decisions shall also apply to personal data processed under this Directive.
   3.   Any person concerned shall have the right to obtain information on which personal data recorded in the Member State of registration were transmitted to the Member State of the offence, including the date of the request and the competent authority of the Member State of the offence.
   Article 8
   Information for road users in the Union
   1.   The Commission shall make available on its website a summary in all official languages of the institutions of the Union of the rules in force in Member States in the field covered by this Directive. Member States shall provide information on these rules to the Commission.
   2.   Member States shall provide road users with the necessary information about the rules applicable in their territory and the measures implementing this Directive in association with, among other organisations, road safety bodies, non-governmental organisations active in the field of road safety and automobile clubs.
   Article 9
   Delegated acts
   The Commission shall be empowered to adopt delegated acts in accordance with Article 10 concerning the update of Annex I in the light of technical progress to take into account relevant changes to Decision 2008/615/JHA and Decision 2008/616/JHA or where required by legal acts of the Union directly relevant for the update of Annex I.
   Article 10
   Exercise of the delegation
   1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
   2.   The delegation of power referred to in Article 9 shall be conferred on the Commission for a period of five years from 6 November 2011. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
   3.   The delegation of power referred to in Article 9 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
   4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
   5.   A delegated act adopted pursuant to Article 9 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
   Article 11
   Revision of the Directive
   By 7 November 2016, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive by the Member States. In its report, the Commission shall focus in particular on the following aspects and shall, as appropriate, make proposals to cover those aspects:

               —

               an assessment of whether other road safety related traffic offences should be added to the scope of this Directive,

               —

               an assessment of the effectiveness of this Directive on the reduction in the number of fatalities on Union roads, in particular whether the effectiveness of this Directive is affected by its territorial scope,

               —

               an assessment of the need for developing common standards for automatic checking equipment and for procedures. In this context, the Commission is invited to develop at Union level road safety guidelines within the framework of the common transport policy in order to ensure greater convergence of the enforcement of road traffic rules by Member States through comparable methods and practices. These guidelines may cover at least the non-respect of speed limits, drink-driving, non-use of seat belts and failure to stop at a traffic red light,

               —

               an assessment of the need to strengthen the enforcement of sanctions with regard to road safety related traffic offences and to propose common criteria concerning the follow-up procedures in the case of non-payment of a financial penalty, within the framework of all relevant EU policies, including the common transport policy,

               —

               possibilities to harmonise traffic rules where appropriate,

               —

               an assessment of the software applications as referred to in Article 4(4), with a view to ensuring proper implementation of this Directive as well as guaranteeing an effective, expeditious, secure and confidential exchange of specific VRD.

         Article 12
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 November 2013. They shall forthwith communicate to the Commission the text of those provisions.
   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 13
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 14
   Addressees
   This Directive is addressed to the Member States in accordance with the Treaties.

      Done at Strasbourg, 25 October 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  Position of the European Parliament of 17 December 2008 (OJ C 45 E, 23.2.2010, p. 149) and position of the Council at first reading of 17 March 2011 (OJ C 136 E, 6.5.2011, p. 1). Position of the European Parliament of 6 July 2011 (not yet published in the Official Journal) and decision of the Council of 29 September 2011.

      (2)  OJ L 210, 6.8.2008, p. 1.

      (3)  OJ L 210, 6.8.2008, p. 12.

      (4)  OJ L 76, 22.3.2005, p. 16.

      (5)  OJ L 280, 26.10.2010, p. 1.

      (6)  OJ L 350, 30.12.2008, p. 60.

      (7)  OJ C 321, 31.12.2003, p. 1.

      (8)  OJ C 310, 5.12.2008, p. 9.

      (9)  OJ L 373, 31.12.1991, p. 26.

      ANNEX I

         DATA ELEMENTS RELATED TO THE SEARCH REFERRED TO IN ARTICLE 4

                  Item

                  M/O (1)

                  Remarks

                  Data relating to the vehicle

                  M

                  Member State of registration

                  M

                  Licence number

                  M

                  (A (2))

                  Data relating to the offence

                  M

                  Member State of the offence

                  M

                  Reference date of the offence

                  M

                  Reference time of the offence

                  M

                  Purpose of the search

                  M

                  Code indicating the type of offence as listed in Article 2

                              1

                              =

                              Speeding

                              2

                              =

                              Drink-driving

                              3

                              =

                              Non-use of seat belt

                              4

                              =

                              Failing to stop at red traffic light

                              5

                              =

                              Use of forbidden lane

                              10

                              =

                              Driving under the influence of drugs

                              11

                              =

                              Failing to wear a safety helmet

                              12

                              =

                              Illegally using a mobile phone or any other communication devices while driving

         DATA ELEMENTS PROVIDED REFERRED TO IN ARTICLE 4

      Part I.   Data relating to vehicles

                  Item

                  M/O (3)

                  Remarks

                  Licence number

                  M

                  Chassis number/VIN

                  M

                  Country of registration

                  M

                  Make

                  M

                  (D.1 (4)) e.g. Ford, Opel, Renault

                  Commercial type of the vehicle

                  M

                  (D.3) e.g. Focus, Astra, Megane

                  EU Category Code

                  M

                  (J) e.g. mopeds, motorbikes, cars

      Part II.   Data relating to holders or owners of the vehicle

                  Item

                  M/O (5)

                  Remarks

                  Data relating to holders of the vehicle

                  (C.1 (6))
                  The data refer to the holder of the specific registration certificate.

                  Registration holders’ (company) name

                  M

                  (C.1.1)
                  Separate fields shall be used for surname, infixes, titles, etc.,
                  and
                  the name in printable format shall be communicated.

                  First name

                  M

                  (C.1.2)
                  Separate fields for first name(s) and initials shall be used,
                  and
                  the name in printable format shall be communicated.

                  Address

                  M

                  (C.1.3)
                  Separate fields shall be used for Street, House number and Annex, Post code, Place of residence, Country of residence, etc.,
                  and
                  the Address in printable format shall be communicated.

                  Gender

                  O

                  Male, female

                  Date of birth

                  M

                  Legal entity

                  M

                  Individual, association, company, firm, etc.

                  Place of Birth

                  O

                  ID Number

                  O

                  An identifier that uniquely identifies the person or the company.

                  Data relating to owners of the vehicle

                  (C.2) The data refer to the owner of the vehicle.

                  Owners' (company) name

                  M

                  (C.2.1)

                  First name

                  M

                  (C.2.2)

                  Address

                  M

                  (C.2.3)

                  Gender

                  O

                  Male, female

                  Date of birth

                  M

                  Legal entity

                  M

                  Individual, association, company, firm, etc.

                  Place of Birth

                  O

                  ID Number

                  O

                  An identifier that uniquely identifies the person or the company.

                  In case of scrap vehicles, stolen vehicles or number plates, or outdated vehicle registration no owner/holder information shall be provided. Instead, the message ‘Information not disclosed’ shall be returned.

         (1)  M = mandatory when available in national register, O = optional.

         (2)  Harmonised document abbreviation, see Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).

         (3)  M = mandatory when available in national register, O = optional.

         (4)  Harmonised document abbreviation, see Directive 1999/37/EC.

         (5)  M = mandatory when available in national register, O = optional.

         (6)  Harmonised document abbreviation, see Directive 1999/37/EC.

      ANNEX II

         TEMPLATE FOR THE INFORMATION LETTER

         referred to in Article 5

      [Coverpage]

      COMMISSION STATEMENT ON THE LEGAL BASIS

         "The Commission notes that both Council and European Parliament agree on the replacement of the legal basis proposed by the Commission, namely Article 91, paragraph 1c, TFEU by Article 87, paragraph 2, TFEU. While the Commission shares the view of both co-legislators about the importance of pursuing the aims of the proposed Directive to improve road safety, it considers however from a legal and institutional perspective that Article 87, paragraph 2, TFEU does not constitute the appropriate legal basis and therefore reserves its right to use all legal means at its disposal."


title: Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons

text:
               8.7.2008

               EN

               Official Journal of the European Union

               L 179/5

      DIRECTIVE 2008/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 21 May 2008
   amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Directive 91/477/EEC (3) established an accompanying measure for the internal market. It creates a balance between on the one hand the undertaking to ensure a certain freedom of movement for some firearms within the Community, and on the other the need to control this freedom using security guarantees suited to this type of product.

               (2)

               In accordance with Council Decision 2001/748/EC of 16 October 2001 concerning the signing on behalf of the European Community of the United Nations Protocol on the illicit manufacturing of and trafficking in firearms, their parts, components and ammunition, annexed to the Convention against transnational organised crime (4), the Commission signed that Protocol (hereinafter referred to as the Protocol) on behalf of the Community on 16 January 2002.

               (3)

               The accession of the Community to the Protocol requires amendments to certain provisions of Directive 91/477/EEC. Indeed, it is important to ensure the coherent, effective and rapid application of the international commitments affecting that Directive. Furthermore, it is necessary to take the opportunity of this revision in order to improve that Directive by addressing certain issues, in particular those that were identified in the report of the Commission to the European Parliament and the Council of 15 December 2000 on the implementation of Directive 91/477/EEC.

               (4)

               Police intelligence evidence shows an increase in the use of converted weapons within the Community. It is therefore essential to ensure that such convertible weapons are brought within the definition of a firearm for the purposes of Directive 91/477/EEC.

               (5)

               Firearms, their parts and ammunition, when imported from third countries, are subject to Community legislation and, accordingly, to the requirements of Directive 91/477/EEC.

               (6)

               The notions of illicit manufacturing and trafficking of firearms, their parts and ammunition, as well as the notion of tracing, should therefore be defined for the purposes of Directive 91/477/EEC.

               (7)

               Furthermore, the Protocol establishes an obligation to mark weapons at the time of manufacture and at the time of transfer from government stocks to permanent civilian use, whereas Directive 91/477/EEC refers only indirectly to the marking obligation. In order to facilitate the tracing of weapons, it is necessary to use alphanumeric codes and to include in the marking the year of manufacture of the weapon (if not part of the serial number). The Convention of 1 July 1969 on Reciprocal Recognition of Proofmarks on Small Arms should, to the greatest extent possible, be used as a reference for the marking system in the Community as a whole.

               (8)

               Moreover, while the Protocol provides that the period during which registers containing information on weapons are to be kept must be increased to at least 10 years, it is necessary, in view of the dangerous nature and durability of weapons, to extend this period up to a minimum of 20 years in order to allow the proper tracing of firearms. It is also necessary that Member States keep a computerised data-filing system, either a centralised system or a decentralised system which guarantees access to authorised authorities to the data-filing systems in which the necessary information regarding each firearm is recorded. Access by police, judicial and other authorised authorities to the information contained in the computerised data-filing system must be subject to compliance with Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

               (9)

               In addition, the brokering activities referred to in Article 15 of the Protocol should be defined for the purposes of Directive 91/477/EEC.

               (10)

               In some serious cases, compliance with Articles 5 and 6 of the Protocol requires the application of criminal sanctions and the confiscation of the weapons.

               (11)

               With regard to the deactivation of firearms, point (a) of Part III of Annex I to Directive 91/477/EEC simply refers to national legislation. The Protocol sets out more explicit general principles for the deactivation of weapons. Annex I to Directive 91/477/EEC should therefore be amended.

               (12)

               Due to the special nature of the activity of dealers, it is necessary that Member States exercise a strict control over this activity, in particular by verifying the professional integrity and abilities of dealers.

               (13)

               The acquisition of firearms by private individuals by means of distance communications, for example via the Internet should, where authorised, be subject to the rules laid down in Directive 91/477/EEC and, as a general rule, the acquisition of firearms by persons convicted by a final court judgment of certain serious criminal offences should be prohibited.

               (14)

               The European firearms pass functions in a satisfactory way on the whole and should be regarded as the main document needed by hunters and marksmen for the possession of a firearm during a journey to another Member State. Member States should not make the acceptance of the European firearms pass conditional upon the payment of any fee or charge.

               (15)

               In order to facilitate the tracing of firearms and efficiently to combat the illicit trafficking and manufacturing of firearms, their parts and ammunition, it is necessary to improve the exchange of information between Member States.

               (16)

               The processing of information is subject to compliance with 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 (5) and does not prejudice the level of protection of individuals with regard to the processing of personal data under Community and national law, and in particular does not alter the obligations and rights set out in Directive 95/46/EC.

               (17)

               The measures necessary for the implementation of Directive 91/477/EEC 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 (6).

               (18)

               Several Member States have simplified the way they classify firearms by switching from four categories to the following two: prohibited firearms and firearms subject to authorisation. Member States should fall into line with this simplified classification, although Member States which divide firearms into a further set of categories may, in accordance with the principle of subsidiarity, maintain their existing classification systems.

               (19)

               Authorisations for the acquisition and possession of firearms should, as far as possible, involve a single administrative procedure.

               (20)

               Article 2(2) of Directive 91/477/EEC among other things excludes from the scope of application of that Directive the acquisition or possession of weapons and ammunition in accordance with national law by collectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established.

               (21)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (7), Member States should draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and make them public.

               (22)

               Directive 91/477/EEC should therefore be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments to Directive 91/477/EEC
   Directive 91/477/EEC is hereby amended as follows:

               1.

               Article 1 shall be amended as follows:

                           (a)

                           paragraph 1 shall be replaced by the following:
                           ‘1.   For the purposes of this Directive, “firearm” shall mean any portable barrelled weapon that expels, is designed to expel or may be converted to expel a shot, bullet or projectile by the action of a combustible propellant, unless it is excluded for one of the reasons listed in Part III of Annex I. Firearms are classified in part II of Annex I.
                           For the purposes of this Directive, an object shall be considered as capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant if:

                                       —

                                       it has the appearance of a firearm, and

                                       —

                                       as a result of its construction or the material from which it is made, it can be so converted.’;

                           (b)

                           the following paragraphs shall be inserted:
                           ‘1a.   For the purposes of this Directive, “part” shall mean any element or replacement element specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm.
                           1b.   For the purposes of this Directive, “essential component” shall mean the breach-closing mechanism, the chamber and the barrel of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
                           1c.   For the purposes of this Directive, “ammunition” shall mean the complete round or the components thereof, including cartridge cases, primers, propellant powder, bullets or projectiles, that are used in a firearm, provided that those components are themselves subject to authorisation in the relevant Member State.
                           1d.   For the purposes of this Directive, “tracing” shall mean the systematic tracking of firearms and, where possible, their parts and ammunition from manufacturer to purchaser for the purpose of assisting the competent authorities of Member States in detecting, investigating and analysing illicit manufacturing and illicit trafficking.
                           1e.   For the purposes of this Directive, “broker” shall mean any natural or legal person, other than a dealer, whose trade or business consists wholly or partly in the buying, selling or arranging the transfer of weapons.’;

                           (c)

                           paragraph 2 shall be replaced by the following:
                           ‘2.   For the purposes of this Directive, “dealer” shall mean any natural or legal person whose trade or business consists wholly or partly in the manufacture, trade, exchange, hiring out, repair or conversion of firearms, parts and ammunition.’;

                           (d)

                           the following paragraphs shall be inserted:
                           ‘2a.   For the purposes of this Directive, “illicit manufacturing” shall mean the manufacturing or assembly of firearms, their parts and ammunition:

                                       (i)

                                       from any essential component of such firearms illicitly trafficked;

                                       (ii)

                                       without an authorisation issued in accordance with Article 4 by a competent authority of the Member State where the manufacture or assembly takes place; or

                                       (iii)

                                       without marking the assembled firearms at the time of manufacture in accordance with Article 4(1).

                                 2b.   For the purposes of this Directive, “illicit trafficking” shall mean the acquisition, sale, delivery, movement or transfer of firearms, their parts or ammunition from or across the territory of one Member State to that of another Member State if any one of the Member States concerned does not authorise it in accordance with the terms of this Directive or if the assembled firearms are not marked in accordance with Article 4(1).’;

                           (e)

                           paragraph 4 shall be replaced by the following:
                           ‘4.   A “European firearms pass” shall be issued on request by the authorities of a Member State to a person lawfully entering into possession of and using a firearm. It shall be valid for a maximum period of five years, which may be extended, and shall contain the information set out in Annex II. It shall be non-transferable and shall record the firearm or firearms possessed and used by the holder of the pass. It must always be in the possession of the person using the firearm and any change in the possession or characteristics of the firearm, as well as the loss or theft thereof, shall be indicated on the pass.’;

               2.

               Article 4 shall be replaced by the following:
               ‘Article 4
               1.   Member States shall ensure either that any firearm or part placed on the market has been marked and registered in compliance with this Directive, or that it has been deactivated.
               2.   For the purpose of identifying and tracing each assembled firearm, Member States shall, at the time of manufacture of each firearm, either:

                           (a)

                           require a unique marking, including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture (if not part of the serial number). This shall be without prejudice to the affixing of the manufacturer’s trademark. For these purposes, the Member States may choose to apply the provisions of the Convention of 1 July 1969 on Reciprocal Recognition of Proofmarks on Small Arms; or

                           (b)

                           maintain any alternative unique user-friendly marking with a number or alphanumeric code, permitting ready identification by all States of the country of manufacture.

                     The marking shall be affixed to an essential component of the firearm, the destruction of which would render the firearm unusable.
               Member States shall ensure that each elementary package of complete ammunition is marked so as to provide the name of the manufacturer, the identification batch (lot) number, the calibre and the type of ammunition. For these purposes Member States may choose to apply the provisions of the Convention of 1 July 1969 on Reciprocal Recognition of Proofmarks on Small Arms.
               Furthermore, Member States shall ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the appropriate unique marking permitting identification by States of the transferring country.
               3.   Member States shall make the pursuit of the activity of dealer within their territory conditional upon authorisation on the basis of at least a check of the private and professional integrity and of the abilities of the dealer. In the case of a legal person, the check shall be on the person who directs the undertaking.
               4.   Member States shall, by 31 December 2014, ensure the establishment and maintenance of a computerised data-filing system, either a centralised system or a decentralised system which guarantees to authorised authorities access to the data-filing systems in which each firearm subject to this Directive shall be recorded. This filing system shall record and maintain for not less than 20 years each firearm’s type, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm.
               Throughout their period of activity, dealers shall be required to maintain a register in which all firearms subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the persons supplying and acquiring it. Upon the cessation of his activities, the dealer shall deliver the register to the national authority responsible for the filing system provided for in subparagraph 1.
               5.   Member States shall ensure that all firearms may be linked to their owner at any moment. However, as regards firearms classified in category D, Member States shall, as from 28 July 2010, put into place appropriate tracing measures, including, as from 31 December 2014, measures enabling linking at any moment to the owner of firearms placed on the market after 28 July 2010.’;

               3.

               the following articles shall be inserted:
               ‘Article 4a
               Without prejudice to Article 3, Member States shall allow the acquisition and possession of firearms only by persons who have been granted a licence or, with respect to categories C or D, who are specifically permitted to acquire and possess such firearms in accordance with national law.
               Article 4b
               Member States shall consider establishing a system for the regulation of the activities of brokers. Such a system might include one or more measures such as:

                           (a)

                           requiring the registration of brokers operating within their territory;

                           (b)

                           requiring the licensing or authorisation of the activity of brokering.’;

               4.

               Article 5 shall be replaced by the following:
               ‘Article 5
               Without prejudice to Article 3, Member States shall permit the acquisition and possession of firearms only by persons who have good cause and who:

                           (a)

                           are at least 18 years of age, except in relation to the acquisition, other than through purchase, and possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;

                           (b)

                           are not likely to be a danger to themselves, to public order or to public safety. Having been convicted of a violent intentional crime shall be considered as indicative of such danger.

                     Member States may withdraw authorisation for possession of a firearm if any of the conditions on the basis of which it was granted are no longer satisfied.
               Member States may not prohibit persons resident within their territory from possessing a weapon acquired in another Member State unless they prohibit the acquisition of the same weapon within their own territory.’;

               5.

               in Article 6, the following paragraph shall be added:
               ‘Member States shall ensure that, except with respect to dealers, the acquisition of firearms and their parts and ammunition by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (8), shall, where authorised, be strictly controlled.

               6.

               in Article 7, the following paragraphs shall be added:
               ‘4.   Member States may consider granting persons who satisfy the conditions for the granting of an authorisation for a firearm a multiannual licence for the acquisition and possession of all firearms subject to authorisation, without prejudice to:

                           (a)

                           the obligation to notify the competent authorities of transfers;

                           (b)

                           the periodic verification that those persons continue to satisfy the conditions; and

                           (c)

                           the maximum limits for possession laid down in national law.

                     5.   Member States shall adopt rules to ensure that persons holding authorisations for firearms of category B in force under national law as at 28 July 2008 do not need to apply for a licence or permit regarding firearms they hold in categories C or D due to the entry into force of Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008 (9). However, any subsequent transfer of firearms of categories C or D shall be subject to the transferee obtaining or having a licence or being specifically permitted to possess those firearms in accordance with national law.

               7.

               in Article 11(3), the second subparagraph shall be replaced by the following:
               ‘Prior to the date of transfer, the dealer shall communicate to the authorities of the Member State from which the transfer is to be effected all the particulars listed in the first subparagraph of paragraph 2. Those authorities shall carry out inspections, where appropriate on the spot, to verify the correspondence between the information communicated by the dealer and the actual characteristics of the transfer. The information shall be communicated by the dealer within a period allowing sufficient time.’;

               8.

               in Article 12(2), the first subparagraph shall be replaced by the following:
               ‘Notwithstanding paragraph 1, hunters, in respect of categories C and D, and marksmen, in respect of categories B, C and D, may, without prior authorisation, be in possession of one or more firearms during a journey through two or more Member States with a view to engaging in their activities, provided that they are in possession of a European firearms pass listing such firearm or firearms and provided that they are able to substantiate the reasons for their journey, in particular by producing an invitation or other proof of their hunting or target shooting activities in the Member State of destination.
               Member States may not make acceptance of a European firearms pass conditional upon the payment of any fee or charge.’;

               9.

               Article 13(3) shall be replaced by the following:
               ‘3.   For the purposes of the efficient application of this Directive, Member States shall exchange information on a regular basis. To this end, the Commission shall set up, by 28 July 2009, a contact group for the exchange of information for the purposes of applying this Article. Member States shall inform each other and the Commission of the national authorities responsible for transmitting and receiving information and for complying with the obligations set out in Article 11(4).’;

               10.

               the following article shall be inserted:
               ‘Article 13a
               1.   The Commission shall be assisted by a committee.
               2.   Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10) shall apply, having regard to the provisions of Article 8 thereof.
               The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

               11.

               Article 16 shall be replaced by the following:
               ‘Article 16
               Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.’;

               12.

               Article 17 shall be replaced by the following:
               ‘Article 17
               The Commission shall, by 28 July 2015, submit a report to the European Parliament and the Council on the situation resulting from the application of this Directive, accompanied, if appropriate, by proposals.
               The Commission shall, by 28 July 2012, carry out research and submit a report to the European Parliament and the Council on the possible advantages and disadvantages of a reduction to two categories of firearms (prohibited or authorised) with a view to the better functioning of the internal market for the products in question by means of possible simplification.
               The Commission shall, by 28 July 2010, submit a report to the European Parliament and the Council presenting the conclusions of a study of the issue of the placing on the market of replica firearms in order to determine whether the inclusion of such products within the scope of this Directive is possible and desirable.’;

               13.

               Annex I shall be amended as follows:

                           (a)

                           in Part I, the first indent shall be replaced by the following:

                                       ‘—

                                       any firearm as defined in Article 1 of the Directive,’;

                           (b)

                           Part III shall be amended as follows:

                                       (i)

                                       point (a) shall be replaced by the following:

                                                   ‘(a)

                                                   have been rendered permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way’;

                                       (ii)

                                       the following paragraph shall be inserted after the first paragraph:
                                       ‘Member States shall make arrangements for the deactivation measures referred to in point (a) to be verified by a competent authority in order to ensure that the modifications made to a firearm render it irreversibly inoperable. Member States shall, in the context of this verification, provide for the issuance of a certificate or record attesting to the deactivation of the firearm or the apposition of a clearly visible mark to that effect on the firearm. The Commission shall, acting in accordance with the procedure referred to in Article 13a(2) of the Directive, issue common guidelines on deactivation standards and techniques to ensure that deactivated firearms are rendered irreversibly inoperable.’.

         Article 2
   Transposition
   1.   Member States shall, by 28 July 2010, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.
   When Member States adopt those measures, 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 references are 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 3
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 21 May 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 318, 23.12.2006, p. 83.

      (2)  Opinion of the European Parliament of 29 November 2007 (not yet published in the Official Journal) and Council Decision of 17 April 2008.

      (3)  OJ L 256, 13.9.1991, p. 51. Text as corrected by OJ L 54, 5.3.1993, p. 22.

      (4)  OJ L 280, 24.10.2001, p. 5.

      (5)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (6)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (7)  OJ C 321, 31.12.2003, p. 1.

      (8)  OJ L 144, 4.6.1997, p. 19. Directive as last amended by Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22).’;

      (9)  OJ L 179, 8.7.2008, p. 5.’;

      (10)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).’;