(1)

Improving road safety is a primary objective of the Union’s transport policy. In its EU Road Safety Policy Framework 2021-2030, the Commission recommitted to the ambitious goal of moving closer to zero deaths and zero serious injuries on Union roads by 2050 (‘Vision Zero’), as well as to the medium-term aim of reducing by 50 % deaths and serious injuries by 2030.

(2)

In order to achieve the goal of improving road safety, the Transport Ministers of the Member States, in the Valletta Declaration on Road Safety of 29 March 2017, called for the strengthening of the Union’s road safety legal framework, with a particular focus on the need for Member States to cooperate in the matter of driving disqualifications of non-resident drivers.

(3)

As a result of the free movement of persons and the increasing level of international road traffic, driving disqualifications are frequently imposed by a Member State other than the one where the driver normally resides or which issued the driving licence.

(4)

Currently, a Member State other than the one where the driver normally resides or than the Member State which issued the driving licence (the ‘Member State of issuance’) is able to take measures, in accordance with its national law, in response to unlawful conduct within its territory by the holder of a driving licence obtained in another Member State. Such measures result in refusals to recognise the validity of driving licences issued by other Member States and, therefore, in a restriction of the right to drive of the person concerned. However, the scope of such measures is limited to the territory of the Member State where the unlawful conduct took place, and their effect is limited to the refusal to recognise the validity of that driving licence within that territory. Therefore, in the absence of any action by the Member State of issuance, that driving licence continues to be recognised in all other Member States. Such a scenario prevents the attainment of a higher level of road safety in the Union. Drivers disqualified from driving in a Member State other than the Member state of issuance should not escape the effects of such measure when present in a Member State other than the Member State where the offence was committed (the ‘Member State of the offence’).

(5)

In order to ensure a high level of protection for all road users in the Union, it is necessary to lay down specific rules for the implementation of driving disqualifications imposed by a Member State other than the one which issued the driving licence of the person subject to a driving disqualification, where such driving disqualifications result from driving disqualification offences within the scope of this Directive.

(6)

However, the implementation of this Directive should not require the harmonisation of provisions of national law concerning the definition of road traffic offences, their legal nature and the possible measures resulting from such offences. In particular, the implementation of driving disqualifications in the Member State of issuance should be pursued regardless of whether the Member State of the offence qualifies the national measures as administrative or criminal. In line with the principle of procedural autonomy, Member States should establish their internal procedures, within the boundaries of their national law, to achieve the quickest and most efficient implementation of this Directive.

(7)

This Directive should be without prejudice to the rules on police and judicial cooperation in criminal matters, and on mutual recognition of related judicial decisions. Also, it should not affect the possibility of the judicial authorities of the Member States to execute decisions they have issued, in particular decisions of a criminal nature. In particular, this Directive should not affect the rights and obligations stemming from Council Framework Decisions 2005/214/JHA (3) and 2008/947/JHA (4), or the rights of suspects and accused persons as provided for in Directives 2010/64/EU (5), 2012/13/EU (6), 2013/48/EU (7), (EU) 2016/343 (8), (EU) 2016/800 (9) and (EU) 2016/1919 (10) of the European Parliament and of the Council.

(8)

The aim of this Directive is to enable the Union to pursue the goal of improving road safety across the Union. As held by the Court of Justice in Case C-43/12 (11), measures seeking to improve road safety form part of transport policy and may be adopted on the basis of Article 91(1), point (c), of the Treaty on the Functioning of the European Union (TFEU), in so far as they are ‘measures to improve transport safety’ within the meaning of that provision.

(9)

Driving disqualifications resulting from driving disqualification offences within the scope of this Directive can consist of the withdrawal, suspension or restriction of the right to drive, of the driving licence or of the recognition of the validity of that driving licence Therefore, the implementation of such driving disqualifications should be achieved in the Union through the application of such withdrawals, restrictions or suspensions by the Member State which issued the driving licence.

(10)

The commission of an offence, however, is not the sole circumstance that can lead to a withdrawal, suspension or restriction of the right to drive, of a driving licence or of the recognition of the validity of a driving licence. Other circumstances, such as not fulfilling the minimum standards laid down in Annex III to Directive (EU) 2025/… of the European Parliament and of the Council (12) (+), can also lead to such a withdrawal, suspension or restriction. As Directive (EU) 2025/… (++) regulates such minimum standards, the definitions relating to those terms should clarify that they cover all cases resulting in such a withdrawal, suspension or restriction, and not only those resulting from the commission of an offence.

(11)

As drink-driving, meaning driving while impaired by alcohol, as defined in the law of the Member State of the offence, driving under the influence of drugs and speeding, meaning exceeding the speed limits in force in the Member State of the offence for the road or type of vehicle concerned, constitute the leading causes of road traffic crashes and fatalities within the Union, the highest possible diligence should be applied to cases relating to such offences, which should be considered as driving disqualification offences for the purposes of this Directive. Furthermore, given their seriousness, road traffic offences which result in the death or serious bodily injury of a victim should also be considered as driving disqualification offences within the scope of this Directive. The imposition of a driving disqualification should require the precise identification of the driver who committed the driving disqualification offence and should not be decided on the basis of objective liability, such as being the vehicle holder.

(12)

Driving disqualifications should only be notified to the Member State of issuance in accordance with this Directive if they were imposed due to the commission of a driving disqualification offence as defined by this Directive.

(13)

Driving disqualifications imposed by a Member State on a person who holds a driving licence issued by another Member State should take effect across the entire territory of the Union, in terms similar to driving disqualifications imposed on persons holding driving licences issued by the Member State imposing the driving disqualification. Also, in view of the principle of procedural autonomy, Member States should be free to decide how best to achieve that result in accordance with their national law.

(14)

The Member State of the offence should notify without undue delay the Member State of issuance of any driving disqualification within the scope of this Directive imposed for a duration of at least three months and for which, at the time of notification, the remaining suspension or restriction period to be served pursuant to that driving disqualification is more than one month, in order to trigger the procedures necessary to ensure the implementation of the driving disqualification in the Member State of issuance. Such notification should be transmitted in electronic form by means of a standard certificate for notifying a driving disqualification (the ‘standard driving disqualification certificate’), in order to ensure a seamless, reliable and effective exchange of information between the Member States.

(15)

The standard driving disqualification certificate should contain a minimum set of data allowing for the proper implementation of this Directive, and should in particular include details of the authority of the Member State of the offence, which imposed the driving disqualification, the driving disqualification offence committed, the resulting driving disqualification and the person subject to the driving disqualification. To that end, the Commission should update the codes included in Annex I, Part E, to Directive (EU) 2025/… (+++) pursuant to a delegated act under this Directive, in order for such codes to be available well before the final date of transposition of this Directive. The use of that standard driving disqualification certificate will guarantee an effective exchange of information without obliging Member States to share a disproportionate or excessive amount of information.

(16)

The standard driving disqualification certificate should also be translated into any official language of the institutions of the Union that is an official language of the Member State of issuance or into any other language of the institutions of the Union that the Member State of issuance has accepted, in order to ensure quick processing by the addressee.

(17)

The imposition of driving disqualifications in response to unlawful conduct contributes to guaranteeing a high level of road safety within the Union. Based on the principle of mutual recognition of driving licences issued in the Member States, it should be possible for measures concerning the withdrawal, suspension or restriction of a driving licence issued by the Member State of issuance to be automatically enforced by all other Member States, given that the person subject to a driving disqualification cannot present a valid document to verify his or her driving right. Therefore, upon notification of the imposed driving disqualification, and unless a ground for exemption applies or is invoked, the Member State of issuance should take the appropriate measures to implement the driving disqualification.

(18)

The measure taken by the Member State of issuance should vary depending on the specific nature of the driving disqualification. Given that withdrawals, suspensions or restrictions necessarily have different consequences, they require different procedures to be implemented in compliance with the competences of the Member States involved. As regards a withdrawal, the person subject to a driving disqualification should be able to recover his or her driving licence or to apply for a new driving licence in accordance with Directive (EU) 2025/… (+). Where the possibility of a withdrawal is not provided for in the Member State of issuance, the Member State of issuance should suspend the driving licence, assess the fitness or competence to drive of the holder of that driving licence and take any measure deemed appropriate following that assessment. As regards a suspension or restriction, it should be ensured that only the duration of such measures is implemented, even where the driving disqualification provides for complementary conditions, because the primary goal of those suspensions or restrictions is to temporarily or partially prevent the person subject to the driving disqualification from driving and not to determine how that person should recover his or her driving licence. However, this should be without prejudice to the right to assess whether the person subject to the driving disqualification poses a risk to road safety and to adopt measures to reflect such assessment.

(19)

The Member State of issuance should aim, within the existing legal limits of national law, to ensure that the measures taken with regard to driving disqualifications correspond to the greatest extent possible to the measures imposed by the Member State of the offence.

(20)

Where a Member State of the offence imposes a driving disqualification on a person having his or her normal residence in that Member State but holding a driving licence issued by another Member State, the Member State of the offence is entitled to exchange the driving licence for the purpose of applying that driving disqualification. Where a Member State of the offence withdraws the driving licence of a person having his or her normal residence in a Member State other than the Member State of issuance, the Member State of normal residence should be responsible for issuing a new driving licence, taking into account the information made available by the Member State of issuance in the EU driving licence network referred to in Directive (EU) 2025/… (++).

(21)

The Member State of the offence should be able to continue to apply, in accordance with its national law and with effects limited to its territory, driving disqualifications and any related complementary conditions until the person subject to the driving disqualification complies with them. In addition, the Member State of the offence should be able to impose requirements concerning the lapse of a fixed period of time, such as a period during which the driver subject to the driving disqualification is prohibited from recovering the existing driving licence or applying for a new driving licence (‘period of prohibition’), and such requirements should not be considered as complementary conditions within the meaning of this Directive. During such a period of prohibition, it should be possible for the Member State of the offence to decide not to recognise the validity of a driving licence that was recovered or newly obtained in the Member State of issuance. However, after the lapse of such a period of prohibition, the validity of a driving licence issued by the Member State of issuance should be recognised by the Member State of the offence, irrespective of whether it was issued during such a period of prohibition.

(22)

This Directive should be without prejudice to the provisions of Directive (EU) 2025/… (+) which state that a driving licence should be considered as cancelled, withdrawn, suspended or restricted until the person subject to a driving disqualification has fulfilled any conditions, imposed by the Member State of issuance, which that person is required to comply with in order to be able to recover the driving licence or apply for a new one. Where a driving licence is mistakenly issued to an applicant who has still to fulfil any such conditions, Member States should be able to refuse its recognition, including after the end of a period of prohibition.

(23)

Where the Member State of issuance has adopted measures to implement the driving disqualification and has subsequently reassessed whether the person subject to the driving disqualification is suitable to recover his or her driving licence, that assessment should be recognised across the Union and therefore also in the Member State of the offence, provided that the fixed period of time imposed as part of the driving disqualification by the Member State of the offence has passed.

(24)

The application of measures by the Member State of issuance should serve the purpose of ensuring that a driving disqualification is implemented and should not require a new assessment of the facts that lead to the driving disqualification.

(25)

In order to guarantee that the implementation of a driving disqualification is not contrary to the principle of proportionality, to fundamental rights or to exceptions provided for in the law of the Member State of issuance, it is appropriate to lay down certain grounds that exempt the Member State of issuance from the obligation to adopt measures. In respect of grounds for exemption that are not mandatory, Member States should be able to decide that such grounds are to be systematically assessed by the competent authority or are to be assessed only if there is a substantial reason to believe that such grounds apply. In all cases, the person subject to the driving disqualification should have the possibility to seek a legal remedy concerning the assessment and the application of the grounds for exemption by the Member State of issuance, in accordance with the law of that Member State.

(26)

Moreover, the digitalisation of road traffic rules supports real-time traffic information services, facilitating lawful conduct and enabling drivers to respect national traffic regulations, including when driving abroad. Directive 2010/40/EU of the European Parliament and of the Council (13) requires Member States to ensure that static and dynamic data as regards speed limits applicable to the comprehensive trans-European network for roads, other motorways and sections of primary roads, as well as to cities at the centre of urban nodes, under certain conditions, are available and accessible via national access points by 31 December 2028. Directive 2010/40/EU also encourages Member States to make data on speed limits accessible for other parts of their road network. It contains a review clause, on the basis of which the Commission is to review the progress made with regard to the availability and accessibility of data, among others, and propose, where appropriate, to adapt by 31 December 2028 the geographical coverage of certain data types considered crucial.

(27)

In the interest of road safety and in order to provide legal certainty for the person subject to a driving disqualification and for the Member State of the offence, the Member State of issuance should implement the driving disqualification or apply a ground for exemption without undue delay, and in any case within the time limits, if any, laid down in the provisions of national law regarding the imposition of a driving disqualification. The Member State of issuance should inform the Member State of the offence about any delay.

(28)

The proper implementation of this Directive presupposes close, swift and effective communication between the competent national authorities involved. All communications between the Member State of the offence and the Member State of issuance for the purpose of implementing a driving disqualification should be made through the EU driving licence network referred to in Directive (EU) 2025/… (+) and the Commission should ensure that that network is equipped with the necessary resources to fulfil that task. Moreover, in specific well-defined cases, both the Member State of issuance and the Member State of the offence should exchange without delay important information in relation to the application of this Directive. The competent national authorities of the Member States should consult each other whenever necessary for the implementation of this Directive, including in relation to: the adoption of measures implementing driving disqualifications; decisions taken on grounds of exemption; the completion of the driving disqualifications; and any circumstances that affect the originally imposed driving disqualifications, such as the review by the national authorities of the driving disqualification originally imposed by the Member State of the offence or the fulfilment of the complementary conditions by the person subject to the driving disqualification in the Member State of the offence.

(29)

The Member State of issuance should inform the person subject to a driving disqualification imposed by the Member State of the offence, to the extent possible, no later than 20 working days after reception of the notification of the imposed driving disqualification in accordance with the procedures under its national law.

(30)

After implementing the driving disqualification, the Member State of issuance should inform the person subject to the driving disqualification, within the deadlines laid down for the notification of similar decisions under its national law, of the adoption of the measures taken to implement that driving disqualification, in particular in order to allow the exercise of fundamental rights.

(31)

Member States should ensure that adequate legal remedies are available regarding measures taken pursuant to this Directive, and that information about such remedies is provided in due time to ensure that they can be exercised effectively. However, it should not be possible for the driving disqualification imposed by the Member State of the offence to be challenged by way of an action brought in the Member State of issuance.

(32)

The protection of natural persons in relation to the processing of their personal data is a fundamental right. In accordance with Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) TFEU, individuals have a right to the protection of personal data relating to them. The relevant Union legislative acts, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (14) and Directive (EU) 2016/680 of the European Parliament and of the Council (15), should apply to the processing of personal data in the context of this Directive in accordance with their respective scope of application.

(33)

This Directive establishes the legal basis for the exchange of personal data for the purpose of implementing driving disqualifications imposed by a Member State other than the Member State of issuance. That legal basis is in compliance with Regulation (EU) 2016/679 and Directive (EU) 2016/680. The personal data to be exchanged with the Member State of issuance should be limited to what is necessary to comply with the obligations laid down in this Directive.

(34)

In order to ensure the seamless, reliable and effective exchange of information, each Member State should designate one or multiple national contact points for the purposes of this Directive. Member States should further ensure that their respective national contact points cooperate with the authorities competent for the enforcement of the driving disqualifications covered by this Directive, in particular to ensure that all necessary information is shared in due time.

(35)

Member States should be able to designate one or multiple national contact points and competent authorities to fulfil the tasks necessary for the implementation of this Directive, and should be able to define the rules for cooperation amongst those national entities in order to facilitate the efficient implementation of this Directive.

(36)

In the interest of effective enforcement of driving disqualifications, Member States should ensure that the competent authorities check the right to drive, especially where there is doubt as to whether the driver concerned is under the effect of a driving disqualification, in particular in cases where physical driving licences are not surrendered.

(37)

Member States should regularly collect statistics on the application of this Directive and send them to the Commission, initially four years following the entry into force of this Directive and every five years thereafter.

(38)

National penalty point schemes, under which a holder of a driving licence loses or accumulates points in relation to the commission of certain offences, are not addressed by this Directive. Member States adopt different approaches, such as imposing stricter measures immediately or focusing on targeted enforcement and prevention campaigns. When carrying out its review of this Directive, the Commission should assess how to improve road safety and facilitate Member States in tackling multiple challenges, without prioritising any specific approach.

(39)

In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to establish the format and content of the standard driving disqualification certificate. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (16).

(40)

Since the objective of this Directive, namely to improve road safety across the Union by providing for the notification and implementation of a driving disqualification imposed due to the commission of a driving disqualification offence, falling under the scope of this Directive, in a Member State other than the Member State of issuance or the Member State of normal residence, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of this Directive, 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.

(41)

Directive (EU) 2025/… (+) should therefore be amended accordingly.

(42)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (17) and delivered an opinion on 14 June 2023,

(1)

in Article 1(1), the following point is added:

;

(2)

in Article 2, the following points are added:

(*1)  Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating cross-border exchange of information and mutual assistance on road-safety-related traffic offences (OJ L 68, 13.3.2015, p. 9, ELI: http://data.europa.eu/eli/dir/2015/413/oj).’;"

(3)

the following Articles are inserted:

(4)

in Article 22, the following paragraph is inserted:

(5)

in Article 23, the following paragraph is inserted:

(6)

in Article 24, paragraph 1, the following point is added: