Directive 2011/82 / EU (Traffic Offenses Directive)

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Directive 2011/82 / EU

Title: Directive of the European Parliament and of the Council of October 25, 2011 to facilitate the cross-border exchange of information on road safety-endangering traffic offenses
Designation:
(not official) 		Traffic Offenses Directive
Scope: EU
Legal matter: Traffic law
Basis: TFEU , in particular Article 87
Procedure overview: European Commission
European Parliament
IPEX Wiki
Date of issue: October 25, 2011
Come into effect: November 6, 2011
To be
implemented in national law by: 		November 7, 2013
Implemented by: Germany: 4th law amending the Road Traffic Act and other laws of August 28, 2013 ( Federal Law Gazette I p. 3310 )
Reference: OJ L, No. 288, p. 1
Full text Consolidated version (not official)
basic version
Regulation was declared null and void.
Please note the information on the current version of legal acts of the European Union !

Through Directive 2011/82 / EU (Traffic Offenses Directive), the "traceability of traffic offenders throughout the EU" should be guaranteed and achieved, "to improve road safety and ensure the equal treatment of all drivers".

history

In December 2010, the Council of the European Union agreed on a proposal for a directive on prosecuting offenders in the EU. Corresponding preparatory work already existed in 2008.

In the nullity proceedings initiated by the Commission, the European Court of Justice (ECJ) ruled in case C-43/12 that the objective of the directive is primarily or predominantly to improve road safety and therefore Article 87 should not be used as the legal basis , but Article 91 TFEU . Directive 2011/82 / EU was therefore repealed by the ECJ and the European Parliament and the Council were given the opportunity to issue a new directive on the correct legal basis within twelve months. The new guideline was therefore to be issued by May 6, 2015 at the latest. The new Directive (EU) 2015/413 of the European Parliament and of the Council of March 11, 2015 to facilitate the cross-border exchange of information on road safety-endangering traffic offenses came into force on April 17, 2015.

Objectives of the directive

The main objectives of the Traffic Offenses Directive are:

  • Improving road safety as a priority goal of the European Union's transport policy (Recital 1 of Directive 2011/82 / EU) and the associated with it
  • Reducing deaths and injuries and property damage (Recital 1 of Directive 2011/82 / EU), and
  • the equal treatment of drivers (Recital 6 of Directive 2011/82 / EU)
  • Exchange of information on road safety endangering traffic offenses and the enforcement of sanctions (Article 1 of Directive 2011/82 / EU)

whereby "the consistent punishment of road traffic offenses committed in the Union which seriously endanger road safety" should represent an important part of the transport policy of the EU and the member states of the European Union according to Recital 1 of Directive 2011/82 / EU .

Scope of the Directive

The scope of Directive 2011/82 / EU extends according to Article 2 to the following traffic offenses endangering road safety:

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

Legal basis

The adoption of Directive 2011/82 / EU was based in particular on Article 87 (2) TFEU (police cooperation). This was already regarded by the European Commission as an unsuitable legal basis when the directive was being adopted, and Article 91 (1) (c) TFEU was named as correct instead of this legal basis. The ECJ confirmed this view of the Commission as correct in the subsequent nullity proceedings in case C-43/12.

Structure of Directive 2011/82 / EU

Directive 2011/82 / EU has the following structure:

  • Article 1 Objectives
  • Article 2 Scope
  • Article 3 Definitions
  • Article 4 Procedure for the exchange of information between Member States
  • Article 5 Information letter on the traffic offense endangering road safety
  • Article 6 Reporting by Member States to the Commission
  • Article 7 Data protection
  • Article 8 Information to road users in the Union
  • Article 9 Delegated Acts
  • Article 10 Exercise of the delegation
  • Article 11 Review of the Directive
  • Article 12 Implementation
  • Article 13 Entry into force
  • Article 14 Addressees
  • ANNEX I DETAILED DATA IN CONNECTION WITH THE SEARCH PURSUANT TO ARTICLE 4
  • ANNEX II MODEL FORM FOR THE INFORMATION LETTER referred to in Article 5
  • COMMISSION STATEMENT ON THE LEGAL BASIS

Procedure - exchange of information

The prosecution of traffic safety violations in a Union Member State due to a serious traffic violation listed in Directive 2011/82 / EU with a motor vehicle registered in another Union Member State is carried out by the national contact point which exists in each Union Member State (Article 4 Directive 2011/82 / EU) . The national contact point can query the data of the vehicle and the owner of the vehicle directly. The other EU member state must provide the data. The directive has a model of an information letter in Annex II, the use of which is, however, left to the Member States (Article 5 (2) of Directive 2011/82 / EU).

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

  • there is a national law on cross-border enforcement in the Member State of the Union and
  • the penalty exceeds EUR 70.00 (with exceptions if there is already an agreement on this subject, e.g. between Germany and Austria - agreement from 1988 - minimum penalty: EUR 25).

Changes to existing policies and expires

Directive 2011/82 / EU was declared null and void by the ECJ in case C-43/12 of May 6, 2014. Directive 2011/82 / EU had to be replaced within a year by a new directive based on the correct legal basis (Article 91 (1) (c) TFEU). Directive 2011/82 / EU would therefore have expired on May 6, 2015, even if no new directive had been issued.

Non-participation

“In accordance with Articles 1 and 2 of the Protocol (No. 21) on the position of the United Kingdom and Ireland with regard to 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 Without prejudice to Article 4 of this Protocol, these Member States shall not take part in the adoption of this Directive and are neither bound by it nor obliged to apply it. "

“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 does not take part in the adoption of this Directive and is neither bound nor bound by it obliged to apply them. "

In contrast, Denmark, Ireland and the United Kingdom will also participate in the new directive, which is based on Article 91 (1) c TFEU (transport). The new directive will therefore apply to all member states of the European Union and the EEA from 2017 . "The extension of the current rules to the United Kingdom, Ireland and Denmark is the most important change due to the new directive on the cross-border enforcement of sanctions adopted by the Council on March 2nd, 2015." The already implemented directive 2011/82 / EU is then binding for all other EU member states in the version of the new directive.

See also

Web links

Individual evidence

  1. ↑ Official long title: Directive 2011/82 / EU of the European Parliament and of the Council of October 25, 2011 to facilitate the cross-border exchange of information on traffic offenses endangering road safety (OJ EU No. L 288, 1 to 15).
  2. ↑ a b Quoted from: Press release 85/15 of the European Council .
  3. ↑ See: COM (2008) 151 final.
  4. ↑ See: Directive proposal COM (2014) 476 final of July 18, 2014 and Directive in the version PE-CONS 103/14.
  5. ↑ Directive (EU) 2015/413 . In: Official Journal of the European Union . L 68, March 13, 2015, p. 9.
  6. ↑ See COMMISSION DECLARATION ON THE LEGAL BASIS at the end of Directive 2011/82 / EU, OJ. L 288, p. 15.
  7. ↑ Framework Decision 2005/214 / JHA of the Council of 24 February 2005 on the application of the principle of mutual recognition of financial penalties
  8. ↑ The € 70 limit can include both the fine itself and the costs of the procedure. This is based on national law.
  9. ↑ See press release 69/14 of the ECJ of May 6, 2014.
  10. ↑ See paragraph 56 of the ECJ judgment C-43/12.
  11. ↑ Recital 22 of Directive 2011/82 / EU.
  12. ↑ Recital 23 of Directive 2011/82 / EU.
  13. ↑ See the repeal of Directive 2011/82 / EU ECJ in case C-43/12 of May 6, 2014 and press release 85/15 of the European Council .
  14. ↑ In Germany z. B. Directive 2011/82 / EU implemented with the 4th law amending the Road Traffic Act and other laws of August 28, 2013 ( Federal Law Gazette I p. 3310 ).