Article 1, Point (9) · Directive (EU) 2024/3237

Contents

(9)the following articles are inserted:‘Article 5aService of the traffic offence notice and follow-up documents1.The competent authority of the Member State of the offence shall send the traffic offence notice and the follow-up documents to the persons concerned by post, registered delivery, registered mail or electronic means of equal value in accordance with Chapter III, Section 7, of Regulation (EU) No 910/2014 of the European Parliament and of the Council^note, in accordance with the law of the Member State of the offence.2.The traffic offence notice addressed to the holder, owner or end user of the vehicle shall be issued no later than 11 months after the road-safety-related traffic offence where the automated searches referred to in Article 4(1) were successful and the competent authority of the Member State of the offence has established the identity and address of the holder, owner or end user of the vehicle to the degree of certainty required by its national law.Where the automated searches referred to in Article 4(1) were not successful or the competent authority of the Member State of the offence was unable to establish the identity and address of the holder, owner or end user of the vehicle with the degree of certainty required by its national law, the traffic offence notice shall be issued no later than 5 months after the competent authority of the Member State of the offence has established this information.3.Member States are encouraged to permit persons concerned to connect remotely to court proceedings by video link.Article 5bTranslation of the traffic offence notice and essential follow-up documents1.Where the competent authority of the Member State of the offence decides to initiate follow-up proceedings in relation to road-safety-related traffic offences listed in Article 2(1), it shall issue the traffic offence notice and any essential follow-up documents in the language of the registration document of the vehicle.For the purposes of this Article, the competent authorities of the Member State of the offence shall decide whether a follow-up document is essential. However, the competent authorities shall take into account the fact that the person concerned needs to understand the accusations and be able to fully exercise the rights of defence. This includes, in particular, all relevant information concerning the offence, the nature of the offence committed, the sanction imposed, the legal remedies available against that decision, the time limit laid down for that purpose and the identification of the body before which the appeal must be lodged.2.In any given case, the competent authorities of the Member State of the offence shall decide whether any other document is essential.3.There shall be no requirement to translate parts of essential documents which are not relevant for the purpose of enabling persons concerned to have knowledge of the case against them. The competent authorities shall decide whether those parts are relevant for those purposes taking into account the elements referred to in paragraph 1, second subparagraph.4.At the request of the person concerned, the competent authority of the Member State of the offence shall allow that person to receive the follow-up documents in one additional official language of the institutions of the Union that is not the language of the registration document of the vehicle.5.Member States shall ensure that the quality of the translation of the traffic offence notice and of the follow-up documents is at least of the quality required under Article 3(9) of Directive 2010/64/EU.6.The Member State of the offence shall ensure that, at the request of the person concerned, the competent authority concerned reviews, effectively and rapidly, a traffic offence notice or a follow-up document issued to that person, on the grounds that that traffic offence notice or that follow-up document does not comply with this Article, Article 5, Article 5a or Article 5e.Article 5cMutual assistance in identifying the person concerned1.Member States shall provide mutual assistance to each other where the competent authorities of the Member State of the offence, after having exhausted all other means available to them, in particular after having conducted an automated search in accordance with Article 4(1); and consulted other databases explicitly allowed to be consulted in accordance with Union and national legislation, still cannot identify the person concerned to the degree of certainty required by its national law to initiate or conduct the follow-up proceedings referred to in Article 5(1).2.Member States shall provide mutual assistance to one another under this Article. However, if, after the assessment of the circumstances of individual cases, it is determined that the conditions set out in Article 6 of Directive 2014/41/EU are fulfilled, the Member States bound by that Directive may only apply that Directive between themselves.3.The competent authority of the Member State of the offence shall decide whether to request mutual assistance to obtain additional information referred to in paragraph 5.The request for mutual assistance may be initiated only by the competent authority of the Member State of the offence, in accordance with the law of that Member State.The competent authority of the Member State of the offence shall use the data obtained by mutual assistance in order to establish the identity of the person who is personally liable for the road-safety-related traffic offence listed in Article 2(1) committed on the territory of the Member State of the offence.4.Where the competent authority of the Member State of the offence has decided to request mutual assistance in accordance with paragraph 1, it shall send an electronically structured request via its national contact point to the national contact point of the Member State of registration or Member State of residence.5.The competent authority of the Member State of the offence may request the Member State of registration or Member State of residence:

(a)to establish the identity and address of the person concerned, in accordance with the law of the Member State of registration or Member State of residence, including by using national databases such as driving licence registers or population registers;

(a)data elements relating to the person concerned obtained as a result of the automated search conducted in accordance with Article 4(1);

(a)there is an immunity or a privilege under the law of the Member State of the registration or Member State of residence, which makes it impossible to provide the information;

(a)serve documents to persons concerned in relation to road-safety-related traffic offences listed in Article 2(1), including documents asking the persons concerned to confirm their liability for the road-safety-related traffic offences;

(a)the address of the person for whom the document is intended is unknown, incomplete or uncertain;

(a)where the delivery is successful, the date of service and data about the person receiving the document;

(a)the decision on a road traffic fine is of an administrative nature, final and enforceable according to the applicable laws and regulations of the Member State of the offence;

(a)the enforcement of the decision on a road traffic fine would be contrary to the principle ne bis in idem;

(a)the competent authorities are to have the possibility to identify direct and indirect access when the request does not come from a known member of the electronic communication platform;

(b)to ask the holder, owner or end user of the vehicle with which the road-safety-related traffic offence was committed to provide information on the identity, address and, where available, other contact details of the person liable for the road-safety-related traffic offence, in accordance with the national procedures of the Member State of registration or Member State of residence, which are to be applied as if the investigative measure concerned were ordered by that Member State’s own authorities.

(b)if available, the visual recording of the driver retrieved from detection equipment, in particular speed cameras;

(b)providing the requested information would be contrary to the principle of ne bis in idem;

(b)apply obligations, including related sanctions, placed on persons concerned which are relevant to the identification of the liable person, to the furthest possible extent.

(b)the procedural rules under the law of the Member State of the offence require proof of service of the document, other than proof that can be obtained by post, registered delivery, registered mail or by equivalent electronic means referred to in Article 5a(1);

(b)where the delivery is not successful, a reason for failing to deliver the traffic offence notice or the follow-up document.

(b)the Member State of the offence is in possession of a proof of service to the person concerned of the request for the payment of the road traffic fine;

(b)there is immunity under the law of the Member State of registration or Member State of residence, which makes it impossible to enforce the administrative decision on a road traffic fine;

(b)the competent authorities are to have the possibility to consult the requests in order to guarantee that they are duly justified and comply with the requirements of this Directive;

(c)data relating to the road-safety-related traffic offence, listed in Article 2(1);

(c)providing the requested information would jeopardise an ongoing investigation of a criminal offence;

(c)it has not been possible to serve the document by post, registered delivery, registered mail or by equivalent electronic means referred to in Article 5a(1);

(c)the person concerned was informed of and had an opportunity to exercise the legal remedies against the administrative decision imposing a road traffic fine according to the applicable laws and regulations of the Member State of the offence;

(c)the decision on a road traffic fine is no longer enforceable under the law of the Member State of registration or Member State of residence due to lapse of time;

(c)the need to establish processes to enable Member States to take appropriate measures in response to automatic alerts and to abnormal requests, in order to mitigate the risks for the data, as well as to organise the cooperation between Member States on risk monitoring, management and mitigation, in particular for not sending data in response to abnormal requests as a derogation to Article 4(1);

(d)data relating to the vehicle with which the road-safety-related traffic offence was committed;

(d)providing the requested information would be contrary to or would harm the essential interests of the national security of the Member State of registration or Member State of residence, jeopardise the source of the information or involve the use of classified information relating to specific intelligence activities;

(d)the Member State of the offence has justified reasons for considering that the service of the document by post, registered delivery, registered mail or by equivalent electronic means referred to in Article 5a(1) in that particular case will be ineffective or is inappropriate.

(d)the road traffic fine is higher than EUR 70.

(d)the decision on a road traffic fine is not final;

(d)the Member State of registration is to have the possibility to request the details of the road-safety-related traffic offence prior to the transmission of the registration data to the Member State of the offence, and to refuse the transmission of the registration data if the Member State of the offence does not reply to that request within one month;

(e)a reason for the request for mutual assistance.

(e)there are substantial grounds to believe that providing the requested information would be incompatible with the obligations of the Member State of registration or Member State of residence in accordance with Article 6 of the Treaty on European Union and the Charter of Fundamental Rights of the European Union;

(e)the decision on a road traffic fine or at least its essential content is not translated as provided for in Article 5b;

(e)the need for a journal of consultations leading to automatic alerts to the members in the case of abnormal requests;

(f)providing the requested information would jeopardise the safety of an individual or reveal the identity of a person protected in accordance with the law of the Member State of registration or Member State of residence.

(f)the request is incomplete and cannot be completed by the competent authorities of the Member State of the offence;

(f)where the competent authorities are to have the possibility to exchange data in synchronous single mode and where they are to have the possibility to exchange data in asynchronous batch mode.

(g)the infringement of fundamental rights or fundamental legal principles as enshrined in the Charter of Fundamental Rights of the European Union.

6.The electronically structured request shall include the following information:7.Unless they decide to invoke one of the grounds for refusal listed in paragraph 8 or it is not possible to gather the requested information, the competent authorities of the Member State of registration or Member State of residence shall gather the requested information referred to in paragraph 5, without any undue delay.Without any undue delay and no later than 2 months from the day that the competent authority of the Member State of registration or Member State of residence has gathered the requested information, it shall respond to the request electronically via its national contact point.The competent authority of the Member State of registration or Member State of residence shall comply with the formalities and procedures expressly requested by the competent authority of the Member State of the offence, when gathering the requested information, to the extent that they are not incompatible with their national legislation.8.The competent authority of the Member State of registration or Member State of residence may refuse to provide the requested additional information referred to in paragraph 5. It shall do so only in one or more of the following cases:No later than 2 months from the day when the competent authority of the Member State of registration or Member State of residence decides to apply a ground for refusal, or establishes that it is not possible to gather the requested information, it shall inform the Member State of the offence thereof via its national contact point. The competent authority of the Member State of registration or Member State of residence may decide not to specify which ground of refusal it applies in the cases referred to in the first subparagraph, points (c), (d) and (f).Article 5dNational measures facilitating the identification of the liable person1.Member States can take any measures, in relation to road-safety-related traffic offences listed in Article 2(1), set out in their national law to successfully identify the person liable for the road-safety-related traffic offence (“liable person”), such as measures related to the obligation of the holder, owner or end user of a vehicle to cooperate in the identification of the liable person, provided that fundamental and procedural rights under Union and national law are respected.2.The competent authorities may, in particular:Article 5eMutual assistance in the service of the traffic offence notice and follow-up documents1.The competent authority of the Member State of the offence may send the traffic offence notice or follow-up documents to the persons concerned via the competent authorities of the Member State of registration or Member State of residence, in the following cases:The competent authorities of the Member State of the offence and of the Member State of registration or the Member State of residence shall communicate with each other via their respective national contact points.2.The Member State of registration or Member State of residence shall ensure that the traffic offence notice and the follow-up documents that are to be served in accordance with paragraph 1 are served either in accordance with their national law, or, when duly justified, by a particular method requested by the Member State of the offence, unless such method is incompatible with their national law.3.The Member State of registration or Member State of residence shall ensure that their competent authority provides an electronically structured response including:The response of a successful delivery shall be considered as a proof of service of the document.Article 5fMutual assistance in enforcement activities1.Member States shall provide enforcement assistance to each other in the case of non-payment of a road traffic fine imposed for the commission of a road-safety-related traffic offence listed in Article 2(1).2.After the service of the traffic offence notice to the person concerned and in the case of non-payment of a road traffic fine imposed by the competent authority of the Member State of the offence, that competent authority may request the competent authority of the Member State of registration or Member State of residence to assist in the enforcement of administrative decisions on road traffic fines related to road-safety-related traffic offences listed in Article 2(1).3.The request referred to in paragraph 2 shall be made only if all of the following conditions are met:4.The competent authority of the Member State of the offence shall, via its national contact point, send the request referred to in paragraph 2 to the Member State of registration or Member State of residence in an electronically structured form.5.If the person concerned can demonstrate that the payment of the road traffic fine has been made, the competent authority of the Member State of registration or Member State of residence shall promptly notify the competent authority of the Member State of the offence about this.6.The competent authorities of the Member State of registration or Member State of residence shall recognise the administrative decision on a road traffic fine which has been sent pursuant to this Article without any further formality being required and shall forthwith take all the necessary measures for its enforcement unless that competent authority decides to invoke one of the grounds for non-recognition or non-enforcement provided for in paragraph 8.7.The enforcement of the decision on a road traffic fine shall be governed by the laws and regulations applicable in the Member State of registration or Member State of residence.8.The competent authority of the Member State of registration or Member State of residence may refuse to recognise and enforce the administrative decision on a road traffic fine. It shall do so only if it has established any of the following:If a request is rejected, the competent authority of the Member State of the registration or the Member State of the residence shall notify the competent authority of the Member State of the offence, stating the reasons for the rejection.9.The sum of money obtained from the enforcement of the decision on a road traffic fine shall accrue to the Member State of registration or Member State of residence unless otherwise agreed between the Member State of the offence and the Member State of registration or Member State of residence. The money shall be accrued in the currency of the Member State of registration or Member State of residence, whichever of those Member States has received the request.10.Paragraphs 1 to 9 of this Article shall not preclude the application of Framework Decision 2005/214/JHA, bilateral or multilateral agreements or arrangements between Member States in so far as such agreements or arrangements help to simplify or facilitate further the procedures for the enforcement of financial penalties falling under the scope of this Directive.Article 5gTechnical specifications for the exchange of VRD and mutual assistance1.Member States shall use a specifically designed and highly secured software application of the European Vehicle and Driving Licence Information System (EUCARIS) in its up-to-date version to exchange the information or process the mutual assistance, in accordance with Article 3a(1).Member States shall ensure that the processing of data is secure, cost-efficient, expeditious and reliable, and carried out by interoperable means within a decentralised structure.2.Information exchanged via EUCARIS shall be transmitted in encrypted form.3.By 20 January 2026, the Commission shall adopt implementing acts to establish the procedures, content and technical software specifications, including cybersecurity measures for the electronically structured requests and responses related to Article 3a(1), point (a), and the means of transmission of the information for the processing of mutual assistance, including the use of uniform templates, and procedures as set out in Articles 4, 5c, 5e and 5f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10a(2).4.When establishing the implementing acts, the Commission shall take into account the following considerations:5.Until the implementing acts referred to in paragraph 3 of this Article become applicable, the automated searches referred to in Article 4(1) of this Directive shall be conducted in compliance with the procedures described in Chapter 3, points 2 and 3, of the Annex to Council Decision 2008/616/JHA^note, applied jointly with the Annex to this Directive.6.Each Member State shall bear its own costs arising from the administration, use, maintenance and updates of the EUCARIS and its amended versions.Article 5hPrivate legal entities1.By 20 July 2029, Member States shall ensure that their competent authorities do not empower privately owned or privately managed legal entities with distinct legal personality to conduct any activities related to the application of this Directive.2.In the period until the date referred to in paragraph 1 (“the transitional period”), Member States shall ensure that only competent authorities are allowed to initiate and conduct procedures related to road-safety-related traffic offences listed in Article 2(1), such as procedures relating to the exchange of information, enforcement, or any type of mutual assistance under this Directive.