Directive (EU) 2025/2205 is amended as follows:
(1)
in Article 1(1), the following point is added:
‘(e)
notification and implementation of a driving disqualification imposed due to the commission of a driving disqualification offence in a Member State other than the Member State of issuance or the Member State of normal residence.’
;
(2)
in Article 2, the following points are added:
‘(15)
“driving disqualification” means the cancellation, withdrawal, suspension or restriction of the right to drive of a driver of a power-driven vehicle, of his or her driving licence or of the recognition of the validity of his or her driving licence by virtue of a decision taken by a competent authority which has become enforceable, irrespective of whether that cancellation, withdrawal, suspension or restriction can be qualified as an administrative or criminal measure and irrespective of whether it constitutes a primary, secondary or supplementary penalty or a safety measure;
(16)
“cancellation” means the invalidation of the right to drive, of the driving licence or of the recognition of the driving licence, on administrative grounds such as not having fulfilled the criteria for obtaining a driving licence or having acquired the driving licence using fraudulent means, in accordance with the national law of the Member State invalidating the right to drive, the driving licence or the recognition of the driving licence;
(17)
“withdrawal” means the revocation of the right to drive, of the driving licence or of the recognition of the validity of the driving licence, because of the commission of an offence, in accordance with the national law of the Member State of the offence or, in cases where the right to drive, the driving licence or the recognition of the validity of the driving licence is revoked for other reasons, of the Member State withdrawing the right to drive, the driving licence or the recognition of the validity of the driving licence;
(18)
“suspension” means the temporary limitation of the right to drive, of the driving licence or of the recognition of the validity of the driving licence, for a fixed period of time, or for a combination of a fixed period of time and until the fulfilment of complementary conditions, because of the commission of an offence, in accordance with the national law of the Member State of the offence or, in cases where the right to drive, the driving licence or the validity of the driving licence is temporarily limited for other reasons, of the Member State suspending the right to drive, the driving licence or the recognition of the validity of the driving licence;
(19)
“restriction” means the partial limitation of the right to drive, of the driving licence or of the recognition of the validity of the driving licence, either for a fixed period of time or until the fulfilment of complementary conditions, or for a combination of a fixed period of time and until the fulfilment of complementary conditions, because of the commission of an offence, in accordance with the national law of the Member State of the offence or, in cases where the right to drive, the driving licence or the validity of the driving licence is partially limited for other reasons, of the Member State restricting the right to drive, the driving licence or the recognition of the validity of the driving licence;
(20)
“complementary conditions” means conditions, other than the lapse of a fixed period of time, that a person subject to a driving disqualification either is required to comply with in order to recover the right to drive or his or her driving licence or to regain the recognition of the validity of his or her driving licence or can comply with in order to facilitate it;
(21)
“Member State of the offence” means the Member State where the offence was committed;
(22)
“Member State of issuance” means the Member State which issued the driving licence;
(23)
“driving disqualification offence” means any of the following road-safety-related traffic offences:
(a)
drink-driving as defined in Article 3, point (g), of Directive (EU) 2015/413 of the European Parliament and of the Council ( *1 ) ;
(b)
driving under the influence of drugs as defined in Article 3, point (h), of Directive (EU) 2015/413;
(c)
speeding as defined in Article 3, point (d), of Directive (EU) 2015/413;
(d)
conduct which infringes road traffic regulations and which caused, with a power-driven vehicle, death or serious bodily injury of another person, as defined in the national law of the Member State of the offence.
( *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:
‘Article 15a
Duty to notify driving disqualifications
1. The Member State of the offence shall, after verification, if appropriate, that the person subject to the driving disqualification does not have his or her normal residence in its territory and does not hold a driving licence issued by that Member State, notify without undue delay the Member State of issuance of the driving disqualification, provided that all the following conditions are fulfilled:
(a)
the driving disqualification constitutes a withdrawal, suspension or restriction of the right to drive, of the driving licence or of the recognition of the validity of the driving licence;
(b)
the driving disqualification was imposed due to the commission of a driving disqualification offence, in accordance with the national law of the Member State of the offence;
(c)
the decision imposing the driving disqualification is no longer subject to a right of appeal in the Member State of the offence;
(d)
in cases where the driving disqualification is imposed for a fixed period of time, its duration is of at least three months;
(e)
at the time of notification, the remaining suspension or restriction period to be served pursuant to the driving disqualification is more than one month; and
(f)
the person subject to the driving disqualification has been identified as the driver who has committed the driving disqualification offence.
2. The notification referred to in paragraph 1 shall be made in accordance with the procedure set out in paragraphs 3 and 4.
3. The competent authority of the Member State of the offence shall complete, sign and transmit the standard certificate for notifying a driving disqualification (the “standard driving disqualification certificate”) to the competent authority of the Member State of issuance in accordance with Article 22(3a). The competent authority of the Member State of the offence shall also transmit the decision imposing the driving disqualification, and the driving licence of the person subject to the driving disqualification if it has been surrendered, to the competent authority of the Member State of issuance.
4. The standard driving disqualification certificate shall be transmitted in electronic form. That certificate shall set out in a structured manner at least the following information:
(a)
the name, postal address, email address and telephone number of the competent authority that imposed the driving disqualification in the Member State of the offence;
(b)
the type of driving disqualification offence committed;
(c)
a description of the facts that led to the driving disqualification;
(d)
the applicable legal provisions in the Member State of the offence;
(e)
where applicable, the method used to detect the driving disqualification offence and the results of relevant measurements at the time of commission of that offence;
(f)
the following data in relation to the person subject to the driving disqualification: name; address used for communication by the Member State of the offence; driving licence number; if necessary, national identification number; and, where available, driver number;
(g)
the precise scope, content and duration of the driving disqualification, including, if applicable, the date on which the driving disqualification process commenced, the date on which the suspension or the restriction ceases to have effect, codes listed in Annex I, Part E, and any complementary conditions set by the Member State of the offence;
(h)
the period in days of the driving disqualification which has already been served in the Member State of the offence, where applicable;
(i)
where applicable, any period of prohibition applicable in the Member State of the offence for recovering the existing driving licence or applying for a new driving licence; and
(j)
notice of whether the person subject to the driving disqualification was notified of the driving disqualification by the Member State of the offence, whether the person subject to the driving disqualification appealed the decision imposing the driving disqualification in the Member State of the offence and whether the person subject to the driving disqualification was represented in the appeal procedure.
5. At least six months before the date of transposition, the Commission shall, by way of an implementing act, establish:
(a)
the format and content of the standard driving disqualification certificate; and
(b)
the format for the information to be provided under Articles 15f and 15g.
The implementing act referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 26(2).
Article 15b
Specifications concerning the language of the standard driving disqualification certificate
1. The standard driving disqualification certificate shall be transmitted in any official language of the institutions of the Union that is an official language of the Member State of issuance, or in any other official language of the institutions of the Union that the Member State of issuance has accepted in accordance with paragraph 2.
2. Any Member State may, at any time, state in a declaration submitted to the Commission that it will accept standard driving disqualification certificates in one or more official languages of the institutions of the Union that are not an official language of the Member State of issuance. The Member State concerned may modify or withdraw such a declaration at any time. The Commission shall make that information available to all Member States, including in the EU driving licence network, in order to facilitate the notification by Member States.
3. There shall be no obligation on the Member State of the offence to translate the decision imposing the driving disqualification.
Article 15c
Obligation on the Member State of issuance to implement a driving disqualification imposed by the Member State of the offence
1. The Member State of issuance shall ensure that its competent authorities have the power to implement a withdrawal, suspension or restriction of the driving licence on the basis of a driving disqualification notified to them in accordance with Article 15a.
2. Without prejudice to the grounds for exemptions laid down in Article 15e, the Member State of issuance shall ensure that, in cases where its competent authorities receive a standard driving disqualification certificate in accordance with Article 15a, such authorities, in accordance with the procedure set out in Article 15d, shall withdraw, suspend or restrict the driving licence.
Article 15d
Implementation of a driving disqualification notified to the Member State of issuance
1. If the driving disqualification consists of a withdrawal in the Member State of the offence, the Member State of issuance shall:
(a)
take measures resulting in either:
(i)
the withdrawal of the driving licence of the person subject to the driving disqualification; or
(ii)
where withdrawal is not provided for in the Member State of issuance, the suspension of the driving licence for the duration laid down in the national law of the Member State of issuance for that type of driving disqualification offence, an assessment of the fitness or competence to drive of the driver and any action deemed appropriate following that assessment;
(b)
take into account, insofar as compatible with its national law, the complementary conditions with which the person subject to the driving disqualification is required to comply and that have been already fulfilled in the Member State of the offence; and
(c)
register the measures taken pursuant to point (a) of this subparagraph in its national driving licence register for the purposes of disclosing that information in accordance with Article 22(3a).
In the event of a withdrawal, the person subject to the driving disqualification may recover his or her driving licence or apply for a new driving licence in accordance with Articles 10, 16 and 20.
2. If the driving disqualification consists of a suspension or a restriction, the Member State of issuance shall:
(a)
suspend or restrict, as appropriate, the driving licence of the person subject to the driving disqualification, until the date on which the suspension or the restriction imposed and notified by the Member State of the offence ceases to have effects, or for a period corresponding to the duration applied by the Member State of issuance for that type of driving disqualification offence if it is shorter than the duration imposed by the Member State of the offence;
(b)
register the measure taken in the national driving licence register and disclose that information in accordance with Article 22(3a);
(c)
where a suspension or restriction imposed and notified by the Member State of the offence is subject both to the lapse of a fixed period of time and the fulfilment of complementary conditions, take into account only the fixed period of time; and
(d)
where a restriction is imposed and notified by the Member State of the offence, take it into account, insofar as compatible with the law of the Member State of issuance in terms of its nature.
3. Without prejudice to the ground for exemption laid down in Article 15e(1), point (a), when it adopts measures under this Article the Member State of issuance shall be bound by and rely on the information and facts provided by the Member State of the offence in accordance with Article 15a.
4. The Member State of issuance shall take the measures referred to in this Article, or adopt a decision that a ground of exemption pursuant to Article 15e applies, without undue delay and in any case within the time limits, if any, set out in national law regarding the imposition of driving disqualifications.
5. Nothing in this Directive shall prevent the Member State of the offence from:
(a)
not recognising the validity of the driving licence that was recovered or newly obtained, during the period of prohibition applicable in the Member State of the offence for recovering the existing driving licence or applying for a new driving licence; and
(b)
enforcing the driving disqualification within its territory, for its entire duration, in accordance with its national law and provided that the following conditions are satisfied:
(i)
where the driving disqualification containing complementary conditions has been notified to the Member State of issuance in accordance with Article 15a, the Member State of the offence may continue to apply such driving disqualification within its territory until the person subject to the driving disqualification complies with those conditions; in such a case, the Member State of the offence shall indicate through the EU driving licence network the date on which the person subject to the driving disqualification has fulfilled the complementary conditions;
(ii)
where the Member State of issuance has assessed that the person subject to the driving disqualification fulfils the conditions applicable in the Member State of issuance for recovering his or her driving licence or for applying for a new driving licence, the complementary conditions attached to a driving disqualification notified in accordance with Article 15a shall be deemed to be fulfilled by the Member State of the offence; in such a case, the Member State of issuance shall indicate in the EU driving licence network the date on which the person subject to the driving disqualification is deemed to have fulfilled the applicable conditions.
6. Nothing in this Directive shall prevent the Member State of issuance from assessing the fitness and competence to drive of the holder of the driving licence and, following that assessment, from taking any measures deemed appropriate in accordance with its national law, also taking into account the measures taken by the Member State of the offence, if there is reason to believe that the fitness or competence to drive of the holder of the driving licence poses a risk to road safety.
Article 15e
Grounds for exemption
1. The Member State of issuance shall not take the measures referred to in Article 15d(1) and (2) where:
(a)
the standard driving disqualification certificate is incomplete or manifestly incorrect and the missing or correct information, as applicable, has not been provided in accordance with paragraph 3 of this Article;
(b)
on the basis of information received from the Member State of the offence in accordance with Article 15f(2), point (b), it is established that the driving disqualification would already have ended in the Member State of the offence by the date on which the measures referred to in Article 15d(1) or (2) would be adopted by the Member State of issuance.
2. The Member State of issuance may, in accordance with its national law, also apply the following grounds of exemption:
(a)
the driving disqualification relates to a driving disqualification offence that, on the basis of the information notified under Article 15a, would not result in a driving disqualification under the law of the Member State of issuance;
(b)
the driving disqualification was imposed only on grounds of speeding and the applicable speed limit in the Member State of the offence was exceeded by less than 50 km/h;
(c)
the driving disqualification is statute-barred in accordance with the law of the Member State of issuance;
(d)
there is an immunity or a privilege under the law of the Member State of issuance which makes it impossible to implement the driving disqualification;
(e)
there are substantial grounds to believe that fundamental rights or fundamental legal principles as enshrined in the Charter of Fundamental Rights of the European Union are likely to be infringed; or
(f)
the driving licence concerned by the notification is already subject to measures referred to in Article 15d(1) or (2) taken on the basis of another earlier notification and which are of a longer duration.
3. The Member State of issuance may request any necessary information for the purpose of examining whether a ground for exemption referred to in paragraph 1 or 2 applies. The Member State of the offence shall provide the requested information without delay and may provide any additional information or comment it deems relevant.
Information provided under this paragraph shall not include personal data other than those strictly necessary for the application of paragraphs 1 and 2 and shall be used for the sole purpose of applying those paragraphs.
Article 15f
Information to be exchanged between Member States when implementing a driving disqualification imposed by a Member State other than the Member State of issuance
1. The competent authority of the Member State of issuance shall without delay communicate to the competent authority of the Member State of the offence, in a structured manner and using an electronic form, in accordance with Article 22(3a), the measures taken under Article 15d or the decision that a ground of exemption applies pursuant to Article 15e together with the reasons for the decision.
2. If applicable, the competent authority of the Member State of the offence shall without delay inform the competent authority of the Member State of issuance of:
(a)
any circumstance that affects the imposed driving disqualification;
(b)
the end of the driving disqualification in the Member State of the offence.
Article 15g
Information to be provided to the person subject to a driving disqualification imposed by a Member State other than the Member State of issuance, and available legal remedies
1. The Member State of issuance shall inform the person subject to a driving disqualification of a notification under Article 15a, to the extent possible no later than 20 working days after its reception, in accordance with the procedures under its national law.
2. The information to be provided to the person subject to the driving disqualification shall specify at least:
(a)
the name, postal address, email address and telephone number of the authorities competent for the enforcement of the driving disqualification of both the Member State of issuance and the Member State of the offence; and
(b)
the legal remedies available under the law of the Member State of issuance, along with the right to be heard.
3. The Member State of issuance shall inform the person subject to the driving disqualification, within the deadlines laid down for the notification of similar decisions under its national law, and in accordance with the procedures under its national law of at least:
(a)
the adoption of measures under Article 15d (1) and (2);
(b)
the details of those measures;
(c)
the legal remedies available under its national law to challenge those measures; and
(d)
the procedure to be followed for recovering the existing driving licence or applying for a new driving licence.
4. Member States shall ensure that adequate legal remedies are available against decisions or measures taken pursuant to Articles 15a to 15g, in particular against the non-application of a ground for exemption. Member States shall take the appropriate measures to ensure that information about such remedies is provided in due time in order to ensure that those remedies can be exercised effectively.
5. A driving disqualification notified under Article 15a may only be challenged in an action brought in the Member State of the offence.
6. The Member State of the offence and the Member State of issuance shall inform each other about legal remedies sought against decisions or measures taken pursuant to Articles 15a to 15g. Upon request of the Member State of issuance, the Member State of the offence shall provide to the Member State of issuance any necessary information for the purpose of paragraph 3 of this Article.’
;
(4)
in Article 22, the following paragraph is inserted:
‘3a. All communications between the Member States pursuant to Articles 15a to 15g shall be made through the EU driving licence network. To that end, Member States shall grant access to the EU driving licence network to national contact points designated for the purposes of Articles 15a to 15g.
Member States shall ensure that their respective national contact points cooperate with the authorities competent for the enforcement of the driving disqualifications imposed for the commission of driving disqualification offences, in particular in order to ensure that all relevant information is shared in due time.’
;
(5)
in Article 23, the following paragraph is inserted:
‘2a. By 26 November 2029, and every five years thereafter, as part of the information provided under paragraph 2 of this Article, Member States shall inform the Commission, based on data gathered for each calendar year, about:
(a)
the number of notifications received under Article 15a(1), broken down by Member State of the offence;
(b)
the number of times a ground for exemption was invoked under Article 15e, including the grounds for exemption applied, broken down by notifying Member State; and
(c)
any useful information regarding the proper functioning and effectiveness of this Directive under Articles 15a to 15g, including in relation to legal remedies.’
;
(6)
in Article 24, paragraph 1, the following point is added:
‘(c)
the possibility to further extend the application of Articles 15a to 15g to driving disqualifications imposed on the basis of traffic offences other than driving disqualification offences, to further improve the EU driving licence network as necessary to reduce administrative burden and optimise the notification processes, and to further facilitate the implementation of a driving disqualification imposed in a Member State other than the Member State of issuance or normal residence.’.