Luxembourg, 08/10/2014 (Agence Europe) - European Transport Ministers have agreed to revise the legal basis of the directive on pursuing cross-border road offences (2014/0218), without affecting the provisions adopted in 2011. The general approach they adopted on Wednesday 8 October in Luxembourg comes a year after the European Court of Justice ruling delivered on 6 May last (C-43/12, EUROPE 11073) opposing the legal basis of “judicial co-operation” chosen by member states, despite the proposal for a legal basis for “transport” sought by the European Commission. By referring matters to the European Court of Justice, the Commission has won its case. One diplomatic source highlighted the “general consternation” and the fact that they are now back where they started. This same source, however, recognises that there has been an advantage in these procedural developments because this directive will now also be directly applicable in the United Kingdom, Ireland and Denmark. Up until now, the directive was not applicable to them due to their opt out in the legal cooperation arena. These member states will benefit from a transition period up until May 2017 to comply with it, whereas for the other member states the deadline is set for May 2015.
The European Parliament also has to reach a position swiftly, so that an interinstitutional position can be obtained by May 2015. If this is not forthcoming the directive would lapse in accordance with the Court ruling. (MD)