Brussels, 10/06/2014 (Agence Europe) - Legal adjustments to the directive on pursuing traffic offences across borders are expected to be presented by the summer, in response to the European Court of Justice previous annulment of this directive. At the Transport Council meeting on Thursday 6 June, European Commissioner for Transport Siim Kallas provided European transport ministers with assurances on this subject.
Directive 2011/82/EU entered into force in November 2013 and was annulled on 6 May last by the European Court of Justice due to its erroneous legal basis. The Court, however, allowed the directive to remain in effect for a year, so that the European institutions could make the necessary adjustments and that efforts to improve road safety were not put in jeopardy in the meantime (see EUROPE 11073).
The European Commission is therefore expected to give a new legal basis to this directive before the summer recess but it does not intend to modify the actual substance of the text. The Court would like the directive to be based on the EU's remit on transport safety and not, as is currently the case, on its competencies in the field of police co-operation. The directive requires an exchange of information on vehicle registration in the event of traffic offences (speeding, failing to stop at a red light, using lanes illegally, not wearing a safety belt, driving while under the influence of alcohol or drugs or telephoning whilst driving).
Revising the legal basis requires the approval of the College of Commissioners and an inter-service consultation is already taking place on this subject. Revision of the directive will then be submitted to the European Parliament and Council for their approval. In the best-case scenario, these institutions will not make any further amendments to this text.
The European commissioner is making a point of the Commission's presenting the new legal basis “as soon as possible” because these legal procedures need to be completed before May 2015, the date the European Court of Justice's suspension expires. (MD)