HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
5.11.2011 Official
Journal
of
the
European
Union L
288/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2011/82/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2011
facilitating the cross-border exchange of information on road safety related traffic offences
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
which is registered in a Member State other than the
EUROPEAN UNION,
Member State where the offence took place. This
Directive aims to ensure that even in such cases, the
effectiveness of the investigation of road safety related
traffic offences should be ensured.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 87(2) thereof,
(3) The
Commission,
in
its
Communication
of
20
July
2010
entitled 'Towards a European road safety area: policy
Having regard to the proposal from the European Commission,
orientations on road safety 2011-2020', emphasised
that enforcement remains a key factor in creating the
conditions for a considerable reduction in the number
of deaths and injuries. The Council, in its conclusions
Acting in accordance with the ordinary legislative procedure ( 1 ),
of 2 December 2010 on road safety, called also for
consideration of the need for further strengthening of
enforcement of road traffic rules by Member States
and, where appropriate, at Union level. It invited the
Whereas:
Commission to examine the possibilities of harmonising
traffic rules at Union level where appropriate. The
Commission should therefore assess the need to
propose in the future further measures on facilitating
(1) Improving
road
safety
is
a
prime
objective
of
the
Union's
transport policy. The Union is pursuing a policy to
cross-border enforcement with regard to road traffic
improve road safety with the objective of reducing
offences, in particular those related to serious traffic
fatalities, injuries and material damage. An important
accidents.
element of that policy is the consistent enforcement of
sanctions for road traffic offences committed in the
Union which considerably jeopardise road safety.
(4) Greater
convergence
of
control
measures
between
Member States should also be encouraged and the
Commission should examine in this respect the need
for developing common standards for automatic
(2) However,
due
to
a
lack
of
appropriate
procedures
and
checking equipment for road safety controls.
notwithstanding existing possibilities under Council
Decision 2008/615/JHA of 23 June 2008 on the
stepping up of cross-border cooperation, particularly in
combating terrorism and cross-border crime (
(5) The
awareness
of
Union
citizens
should
be
raised
as

2 ) and
Council Decision 2008/616/JHA of 23 June 2008 on
regards the road safety traffic rules in force in different
the implementation of Decision 2008/615/JHA (
Member States and as regards the implementation of this

3 ) (the
'Prüm Decisions'), sanctions in the form of financial
Directive, in particular through appropriate measures
penalties for certain road traffic offences are often not
guaranteeing the provision of sufficient information on
enforced if those offences are committed with a vehicle
the consequences of not respecting the road safety traffic
rules when travelling in a Member State other than the
Member State of registration.
( 1 ) Position of the European Parliament of 17 December 2008
(OJ C 45 E, 23.2.2010, p. 149) and position of the Council at
first reading of 17 March 2011 (OJ C 136 E, 6.5.2011, p. 1).
Position of the European Parliament of 6 July 2011 (not yet
(6) In
order
to
improve
road
safety
throughout
the
Union
published in the Official Journal) and decision of the Council of
and to ensure equal treatment of drivers, namely resident
29 September 2011.
( 2 ) OJ L 210, 6.8.2008, p. 1.
and non-resident offenders, enforcement should be
( 3 ) OJ L 210, 6.8.2008, p. 12.
facilitated irrespective of the Member State of registration

---

L 288/2
EN
Official Journal of the European Union
5.11.2011
of the vehicle. To this end, a system of cross-border
(12) The
Information
Management
Strategy
for
EU
internal
exchange of information should be put in place for
security aims at finding the simplest and most easily
certain identified road safety related traffic offences,
traceable and cost-effective solutions for data exchange.
regardless of their administrative or criminal nature
under the law of the Member State concerned, granting
the Member State of the offence access to vehicle regis
tration data (VRD) of the Member State of registration.
(13) Member
States
should
be
able
to
contact
the
owner,
the
holder of the vehicle or the otherwise identified person
suspected of committing the road safety related traffic
offence in order to keep the person concerned
(7) A
more
efficient
cross-border
exchange
of
VRD,
which
informed of the applicable procedures and the legal
should facilitate the identification of persons suspected of
consequences under the law of the Member State of
committing a road safety related traffic offence, may
the offence. In doing so, Member States should
increase the deterrent effect and induce more cautious
consider sending the information concerning road
behaviour by the driver of a vehicle that is registered
safety related traffic offences in the language of the regis
in a Member State other than the Member State of the
tration documents or the language most likely to be
offence, thereby preventing casualties due to road traffic
understood by the person concerned, to ensure that
accidents.
that person has a clear understanding of the information
which is being shared with the person concerned.
Member States should apply the appropriate procedures
to ensure that only the person concerned is informed
(8) The
road
safety
related
traffic
offences
covered
by
this
and not a third party. To that effect, Member States
Directive are not subject to homogeneous treatment in
should use detailed arrangements similar to those
the Member States. Some Member States qualify such
adopted for following up such offences including
offences under national law as 'administrative' offences
means such as, where appropriate, registered delivery.
while others qualify them as 'criminal' offences. This
This will allow that person to respond to the information
Directive should apply regardless of how those offences
in an appropriate way, in particular by asking for more
are qualified under national law.
information, settling the fine or by exercising his/her
rights of defence, in particular in the case of mistaken
identity. Further proceedings are covered by applicable
legal instruments, including instruments on mutual
assistance and on mutual recognition, for example
(9)
In the framework of the Prüm Decisions, Member States
Council Framework Decision 2005/214/JHA of
grant each other the right of access to their VRD in order
24 February 2005 on the application of the principle
to improve the exchange of information and to speed up
of mutual recognition to financial penalties ( 1 ).
the procedures in force. The provisions concerning the
technical specifications and the availability of automated
data exchange set out in the Prüm Decisions should, as
far as possible, be included in this Directive.
(14) Member States should consider providing equivalent
translation with respect to the information letter sent
by the Member State of the offence, as provided for in
Directive 2010/64/EU of the European Parliament and of
(10) Existing
software
applications
should
be
the
basis
for
the
data exchange under this Directive and should, at the
the Council of 20 October 2010 on the right to inter
same time, also facilitate the reporting by Member
pretation and translation in criminal proceedings ( 2 ).
States to the Commission. Such applications should
provide for the expeditious, secure and confidential
exchange of specific VRD between Member States.
Advantage should be taken of the European Vehicle
and Driving Licence Information System (Eucaris)
(15) With
a
view
to
pursuing
a
road
safety
policy
aiming
for
a
software application, which is mandatory for Member
high level of protection for all road users in the Union
States under the Prüm Decisions as regards VRD. The
and taking into account the widely differing circum
Commission should report on an assessment of the func
stances pertaining within the Union, Member States
tioning of the software applications used for the
should act, without prejudice to more restrictive
purposes of this Directive.
policies and laws, in order to ensure greater convergence
of road traffic rules and of their enforcement between
Member States. In the framework of its report to the
European Parliament and to the Council on the appli
cation of this Directive, the Commission should examine
(11) The
scope
of
the
above-mentioned
software
applications
the need to develop common standards in order to
should be limited to the processes used in the exchange
establish comparable methods, practices and minimum
of information between the national contact points in the
standards at Union level taking into account
Member States. Procedures and automated processes in
which the information is to be used are outside the scope
( 1 ) OJ L 76, 22.3.2005, p. 16.
of such applications.
( 2 ) OJ L 280, 26.10.2010, p. 1.

---

EN
5.11.2011 Official
Journal
of
the
European
Union L
288/3
international cooperation and existing agreements in the
(21) This Directive respects the fundamental rights and
field of road safety, in particular the Vienna Convention
observes the principles recognised in particular by the
on Road Traffic of 8 November 1968.
Charter of Fundamental Rights of the European Union,
as referred to in Article 6 of the Treaty on European
(16) In the framework of its report to the European
Union.
Parliament and to the Council on the application of
this Directive by the Member States, the Commission
should examine the need for common criteria for
(22) In accordance with Articles 1 and 2 of the Protocol (No
follow-up procedures by the Member States in the
21) on the Position of the United Kingdom and Ireland
event of non-payment of a financial penalty, in
in respect of the Area of Freedom, Security and Justice,
accordance with Member States' laws and procedures.
annexed to the Treaty on European Union and to the
In this report, the Commission should address issues
Treaty on the Functioning of the European Union, and
such as the procedures between the competent
without prejudice to Article 4 of that Protocol, those
authorities of the Member States for the transmission
Member States are not taking part in the adoption of
of the final decision to impose a sanction and/or
this Directive and are not bound by it or subject to its
financial penalty as well as the recognition and
application.
enforcement of the final decision.
(17) In preparing the review of this Directive, the Commission
(23) In accordance with Articles 1 and 2 of the Protocol (No
should consult the relevant stakeholders, such as road
22) on the position of Denmark, annexed to the Treaty
safety and law enforcement authorities or bodies,
on European Union and the Treaty on the Functioning of
victims' associations and other non-governmental organi
the European Union, Denmark is not taking part in the
sations active in the field of road safety.
adoption of this Directive and is not bound by it or
subject to its application.
(18) Closer
cooperation
between
law
enforcement
authorities
should go hand in hand with respect for fundamental
(24) In order to achieve the objective of exchange of
rights, in particular the right to respect for privacy and
information between Member States through inter
to protection of personal data, guaranteed by special data
operable means, the power to adopt acts in accordance
protection arrangements which should take particular
with Article 290 of the Treaty on the Functioning of the
account of the specific nature of cross-border online
European Union should be delegated to the Commission
access to databases. It is necessary that the software
in respect of taking into account relevant changes to
applications to be set up enable the exchange of
Decision 2008/615/JHA and Decision 2008/616/JHA
information to be carried out in secure conditions and
or where required by legal acts of the Union directly
ensure the confidentiality of the data transmitted. The
relevant for the update of Annex I. It is of particular
data gathered under this Directive should not be used
importance that the Commission carry out appropriate
for purposes other than those of this Directive.
consultations during its preparatory work, including at
Member States should comply with the obligations on
expert level. The Commission, when preparing and
the conditions of use and of temporary storage of the
drawing up delegated acts, should ensure a simultaneous,
data.
timely and appropriate transmission of relevant
documents to the European Parliament and Council.
(19) Since the data relating to the identification of an offender
are personal data, Member States should take the
measures necessary to ensure that the relevant provisions
(25) In
accordance
with
point
34
of
the
Interinstitutional
of Council Framework Decision 2008/977/JHA of
Agreement on better law-making ( 2 ), Member States are
27 November 2008 on the protection of personal data
encouraged to draw up, for themselves and in the interest
processed in the framework of police and judicial coop
of the Union, their own tables, which will, as far as
eration in criminal matters ( 1 ) are applied. Without
possible, illustrate the correlation between this Directive
prejudice to the observance of the procedural
and the transposition measures, and to make them
requirements for appeal and the redress mechanisms of
public.
the Member State concerned, the data subject should be
informed accordingly, when notified of the offence, of
the right to access, the right to rectification and
(26) Since the objective of this Directive, namely to ensure a
deletion of personal data as well as of the maximum
high level of protection for all road users in the Union by
legal storage period of the data and should have the
facilitating the cross-border exchange of information on
right to obtain the correction of any inaccurate
road safety related traffic offences, where they are
personal data or the immediate deletion of any data
committed with a vehicle registered in a Member State
recorded unlawfully.
other than the Member State where the offence took
place, cannot be sufficiently achieved by the Member
(20) It
should
be
possible
for
third
countries
to
participate
in
States and can therefore by reason of the scale and
the exchange of VRD provided that they have concluded
effects of the action be better achieved at Union level,
an agreement with the Union to this effect. Such an
the Union may adopt measures, in accordance with the
agreement would have to include necessary provisions
principle of subsidiarity as set out in Article 5 of the
on data protection.
Treaty on European Union. In accordance with the
( 1 ) OJ L 350, 30.12.2008, p. 60.
( 2 ) OJ C 321, 31.12.2003, p. 1.

---

L 288/4
EN
Official Journal of the European Union
5.11.2011
principle of proportionality as set out in that Article, this
(c) 'Member State of registration' means the Member State
Directive does not go beyond what is necessary in order
where the vehicle with which the offence has been
to achieve that objective.
committed is registered;
(27) The
European
Data
Protection
Supervisor
was
consulted
and adopted an opinion ( 1 ),
(d) 'speeding' means exceeding the speed limits in force in the
Member State of the offence for the road and the type of
vehicle concerned;
HAVE ADOPTED THIS DIRECTIVE:
Article 1
(e) 'non-use of a seat-belt' means failing to comply with the
Objective
requirement to wear a seat-belt or use a child restraint in
accordance with Council Directive 91/671/EEC of
This Directive aims to ensure a high level of protection for all
16 December 1991 relating to the compulsory use of
road users in the Union by facilitating the cross-border
safety belts and child-restraint systems in vehicles ( 2 ) and
exchange of information on road safety related traffic offences
the law of the Member State of the offence;
and thereby the enforcement of sanctions, where those offences
are committed with a vehicle registered in a Member State other
than the Member State where the offence took place.
(f) 'failing to stop at a red traffic light' means driving through
a red traffic light or any other relevant stop signal, as
Article 2
defined in the law of the Member State of the offence;
Scope
This Directive shall apply to the following road safety related
(g) 'drink-driving' means driving while impaired by alcohol, as
traffic offences:
defined in the law of the Member State of the offence;
(a) speeding;
(h) 'driving under the influence of drugs' means driving while
impaired by drugs or other substances having a similar
(b) non-use of a seat-belt;
effect, as defined in the law of the Member State of the
offence;
(c) failing to stop at a red traffic light;
(d) drink-driving;
(i) 'failing to wear a safety helmet' means not wearing a safety
helmet, as defined in the law of the Member State of the
offence;
(e) driving under the influence of drugs;
(f) failing to wear a safety helmet;
(j) 'use of a forbidden lane' means illegally using part of a road
section, such as an emergency lane, public transport lane or
temporary closed lane for reasons of congestion or road
(g) use of a forbidden lane;
works, as defined in the law of the Member State of the
offence;
(h) illegally using a mobile telephone or any other communi
cation devices while driving.
(k) 'illegally using a mobile telephone or any other communi
cation devices while driving' means illegally using a mobile
Article 3
telephone or any other communication devices while
Definitions
driving, as defined in the law of the Member State of the
offence;
For the purposes of this Directive, the following definitions shall
apply:
(l) 'national contact point' means a designated competent
(a) 'vehicle' means any power-driven vehicle including motor
authority for the exchange of VRD;
cycles, which is normally used for carrying persons or
goods by road;
(m) 'automated search' means an online access procedure for
(b) 'Member State of the offence' means the Member State
consulting the databases of one, several, or all of the
where the offence has been committed;
Member States or of the participating countries;
( 1 ) OJ C 310, 5.12.2008, p. 9.
( 2 ) OJ L 373, 31.12.1991, p. 26.

---

EN
5.11.2011 Official
Journal
of
the
European
Union L
288/5
(n) 'holder of the vehicle' means the person in whose name the
5. Each Member State shall bear its costs arising from the
vehicle is registered, as defined in the law of the Member
administration, use and maintenance of the software appli
State of registration.
cations referred to in paragraph 4.
Article 4
Article 5
Procedure for the exchange of information between
Member States
Information letter on the road safety related traffic offence
1. For
the
investigation
of
the
road
safety
related
traffic 1. The
Member
State
of
the
offence
shall
decide
whether
to
offences referred to in Article 2, the Member States shall
initiate follow-up proceedings in relation to the road safety
allow other Member States' national contact points, as
related traffic offences referred to in Article 2 or not.
referred to in paragraph 3 of this Article, access to the
following national VRD, with the power to conduct
automated searches on:
In the event that the Member State of the offence decides to
initiate such proceedings, that Member State shall, in conformity
(a) data relating to vehicles; and
with its national law, inform the owner, the holder of the
vehicle or the otherwise identified person suspected of
committing the road safety related traffic offence accordingly.
(b) data relating to owners or holders of the vehicle.
The data elements referred to in points (a) and (b) which are
This information shall, as applicable under national law, include
necessary to conduct the search shall be in compliance with
the legal consequences thereof within the territory of the
Annex I.
Member State of the offence under the law of that Member
State.
2. Any
searches
in
the
form
of
outgoing
requests
shall
be
conducted by the national contact point of the Member State of
2. When sending the information letter to the owner, the
the offence using a full registration number.
holder of the vehicle or the otherwise identified person
suspected of committing the road safety related traffic offence,
Those searches shall be conducted in compliance with the
the Member State of the offence shall, in accordance with its
procedures as described in Chapter 3 of the Annex to
law, include any relevant information, notably the nature of the
Decision 2008/616/JHA, except for point 1 of Chapter 3 of
road safety related traffic offence referred to in Article 2, the
the Annex to Decision 2008/616/JHA, for which Annex I to
place, date and time of the offence, the title of the texts of the
this Directive shall apply.
national law infringed and the sanction and, where appropriate,
data concerning the device used for detecting the offence. For
that purpose, the Member State of the offence may use the
The Member State of the offence shall, under this Directive, use
template as set out in Annex II.
the data obtained in order to establish who is personally liable
for road safety related traffic offences referred to in Articles 2
and 3.
3. Where the Member State of the offence decides to initiate
follow-up proceedings in relation to the road safety related
3. For the purposes of the exchange of data as referred to in
traffic offences referred to in Article 2, the Member State of
paragraph 1, each Member State shall designate a national
the offence, for the purpose of ensuring the respect of funda
contact point. The powers of the national contact points shall
mental rights, sends the information letter in the language of
be governed by the applicable law of the Member State
the registration document, if available, or in one of the official
concerned.
languages of the Member State of registration.
4. Member
States
shall
take
all
necessary
measures
to
ensure
Article 6
that the exchange of information is carried out by interoperable
electronic means without exchange of data involving other
Reporting by Member States to the Commission
databases. Member States shall ensure that this exchange of
information is conducted in a cost efficient and secure
Member States shall send a preliminary report to the
manner and ensure the security and protection of the data
Commission by 7 November 2014. They shall also send a
transmitted, as far as possible using existing software appli
comprehensive report to the Commission by 6 May 2016
cations such as the one especially designed for the purposes
and every two years thereafter.
of Article 12 of Decision 2008/615/JHA, and amended
versions of those software applications, in compliance with
Annex I to this Directive and with points 2 and 3 of Chapter
The comprehensive report shall indicate the number of
3 of the Annex to Decision 2008/616/JHA. The amended
automated searches conducted by the Member State of the
versions of the software applications shall provide for both
offence addressed to the national contact point of the
online real-time exchange mode and batch exchange mode,
Member State of registration following offences committed on
the latter allowing for the exchange of multiple requests or
its territory, together with the type of offences for which
responses within one message.
requests were addressed and the number of failed requests.

---

L 288/6
EN
Official Journal of the European Union
5.11.2011
The comprehensive report shall also include a description of the
the light of technical progress to take into account relevant
situation at national level in relation to the follow-up given to
changes to Decision 2008/615/JHA and Decision
the road safety related traffic offences, based on the proportion
2008/616/JHA or where required by legal acts of the Union
of such offences which have been followed up by information
directly relevant for the update of Annex I.
letters.
Article 10
Article 7
Exercise of the delegation
Data protection
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
1. The provisions on data protection set out in Framework
Commission subject to the conditions laid down in this Article.
Decision 2008/977/JHA shall apply to personal data processed
under this Directive.
2. The
delegation
of
power
referred
to
in
Article
9
shall
be
conferred on the Commission for a period of five years from
2. In
particular,
each
Member
State
shall
ensure
that
personal 6 November 2011. The Commission shall draw up a report in
data processed under this Directive are, within an appropriate
respect of the delegation of power not later than nine months
time period, rectified if inaccurate, or erased or blocked when
before the end of the five-year period. The delegation of power
they are no longer required, in accordance with Articles 4 and 5
shall be tacitly extended for periods of an identical duration,
of Framework Decision 2008/977/JHA, and that a time limit for
unless the European Parliament or the Council opposes such
the storage of data is established in accordance with Article 9 of
extension not later than three months before the end of each
that Framework Decision.
period.
Member States shall ensure that all personal data processed
3. The
delegation
of
power
referred
to
in
Article
9
may
be
under this Directive are only used for the objective set out in
revoked at any time by the European Parliament or by the
Article 1, and that the data subjects have the same rights to
Council. A decision to revoke shall put an end to the delegation
information to access, to rectification, erasure and blocking, to
of the power specified in that decision. It shall take effect on the
compensation and to judicial redress as those adopted under
day following the publication of the decision in the Official
national law in implementation of relevant provisions of
Journal of the European Union or at a later date specified
Framework Decision 2008/977/JHA.
therein. It shall not affect the validity of any delegated acts
already in force.
All relevant provisions on data protection set out in the Prüm
Decisions shall also apply to personal data processed under this
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
Directive.
notify it simultaneously to the European Parliament and to the
Council.
3. Any
person
concerned
shall
have
the
right
to
obtain
information on which personal data recorded in the Member
5. A
delegated
act
adopted
pursuant
to
Article
9
shall
enter
State of registration were transmitted to the Member State of
into force only if no objection has been expressed either by the
the offence, including the date of the request and the competent
European Parliament or the Council within a period of two
authority of the Member State of the offence.
months of notification of that act to the European Parliament
and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the
Article 8
Commission that they will not object. That period shall be
Information for road users in the Union
extended by two months at the initiative of the European
Parliament or of the Council.
1. The
Commission
shall
make
available
on
its
website
a
summary in all official languages of the institutions of the
Union of the rules in force in Member States in the field
Article 11
covered by this Directive. Member States shall provide
information on these rules to the Commission.
Revision of the Directive
By 7 November 2016, the Commission shall submit a report to
the European Parliament and the Council on the application of
2. Member
States
shall
provide
road
users
with
the
necessary this Directive by the Member States. In its report, the
information about the rules applicable in their territory and the
Commission shall focus in particular on the following aspects
measures implementing this Directive in association with,
and shall, as appropriate, make proposals to cover those aspects:
among other organisations, road safety bodies, non-govern
mental organisations active in the field of road safety and auto
mobile clubs.
— an assessment of whether other road safety related traffic
offences should be added to the scope of this Directive,
Article 9
Delegated acts
— an assessment of the effectiveness of this Directive on the
reduction in the number of fatalities on Union roads, in
The Commission shall be empowered to adopt delegated acts in
particular whether the effectiveness of this Directive is
accordance with Article 10 concerning the update of Annex I in
affected by its territorial scope,

---

EN
5.11.2011 Official
Journal
of
the
European
Union L
288/7
— an assessment of the need for developing common
When Member States adopt those provisions, they shall contain
standards for automatic checking equipment and for
a reference to this Directive or be accompanied by such a
procedures. In this context, the Commission is invited to
reference on the occasion of their official publication. Member
develop at Union level road safety guidelines within the
States shall determine how such reference is to be made.
framework of the common transport policy in order to
ensure greater convergence of the enforcement of road
traffic rules by Member States through comparable
2. Member
States
shall
communicate
to
the
Commission
the
methods and practices. These guidelines may cover at least
text of the main provisions of national law which they adopt in
the non-respect of speed limits, drink-driving, non-use of
the field covered by this Directive.
seat belts and failure to stop at a traffic red light,
Article 13
— an assessment of the need to strengthen the enforcement of
sanctions with regard to road safety related traffic offences
Entry into force
and to propose common criteria concerning the follow-up
procedures in the case of non-payment of a financial
This Directive shall enter into force on the day following its
penalty, within the framework of all relevant EU policies,
publication in the Official Journal of the European Union.
including the common transport policy,
Article 14
— possibilities to harmonise traffic rules where appropriate,
Addressees
— an assessment of the software applications as referred to in
This Directive is addressed to the Member States in accordance
Article 4(4), with a view to ensuring proper implementation
with the Treaties.
of this Directive as well as guaranteeing an effective,
expeditious, secure and confidential exchange of specific
VRD.
Done at Strasbourg, 25 October 2011.
Article 12
Transposition
1. Member
States
shall
bring
into
force
the
laws,
regulations
For the European Parliament
For the Council
and administrative provisions necessary to comply with this
Directive by 7 November 2013. They shall forthwith
The President
The President
communicate to the Commission the text of those provisions.
J. BUZEK
M. DOWGIELEWICZ

---

L 288/8
EN
Official Journal of the European Union
5.11.2011
ANNEX I
DATA ELEMENTS RELATED TO THE SEARCH REFERRED TO IN ARTICLE 4
Item M/O
( 1 ) Remarks
Data relating to the vehicle
M
Member State of registration
M
Licence number
M (A
( 2 ))
Data relating to the offence
M
Member State of the offence
M
Reference date of the offence
M
Reference time of the offence
M
Purpose of the search
M Code
indicating
the
type
of
offence
as
listed
in
Article
2
1 = Speeding
2 = Drink-driving
3 = Non-use of seat belt
4 = Failing to stop at red traffic light
5 = Use of forbidden lane
10 = Driving under the influence of drugs
11 = Failing to wear a safety helmet
12 = Illegally using a mobile phone or any other communi
cation devices while driving
( 1 ) M = mandatory when available in national register, O = optional.
( 2 ) Harmonised document abbreviation, see Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles
(OJ L 138, 1.6.1999, p. 57).
DATA ELEMENTS PROVIDED REFERRED TO IN ARTICLE 4
Part I. Data relating to vehicles
Item M/O
( 1 ) Remarks
Licence number
M
Chassis number/VIN
M
Country of registration
M
Make
M (D.1
( 2 )) e.g. Ford, Opel, Renault
Commercial type of the
M (D.3)
e.g.
Focus,
Astra,
Megane
vehicle
EU Category Code
M (J)
e.g.
mopeds,
motorbikes,
cars
( 1 ) M = mandatory when available in national register, O = optional.
( 2 ) Harmonised document abbreviation, see Directive 1999/37/EC.

---

EN
5.11.2011 Official
Journal
of
the
European
Union L
288/9
Part II. Data relating to holders or owners of the vehicle
Item M/O
( 1 ) Remarks
Data relating to holders of the
(C.1 ( 2 ))
vehicle
The data refer to the holder of the specific registration
certificate.
Registration holders’
M (C.1.1)
(company) name
Separate fields shall be used for surname, infixes, titles, etc.,
and
the name in printable format shall be communicated.
First name
M (C.1.2)
Separate fields for first name(s) and initials shall be used,
and
the name in printable format shall be communicated.
Address
M (C.1.3)
Separate fields shall be used for Street, House number and
Annex, Post code, Place of residence, Country of residence,
etc.,
and
the Address in printable format shall be communicated.
Gender
O Male,
female
Date of birth
M
Legal entity
M Individual,
association,
company,
firm,
etc.
Place of Birth
O
ID Number
O An
identifier
that
uniquely
identifies
the
person
or
the
company.
Data relating to owners of the
(C.2) The data refer to the owner of the vehicle.
vehicle
Owners' (company) name
M (C.2.1)
First name
M (C.2.2)
Address
M (C.2.3)
Gender
O Male,
female
Date of birth
M
Legal entity
M Individual,
association,
company,
firm,
etc.
Place of Birth
O
ID Number
O An
identifier
that
uniquely
identifies
the
person
or
the
company.
In case of scrap vehicles, stolen vehicles or number plates, or
outdated vehicle registration no owner/holder information
shall be provided. Instead, the message ‘Information not
disclosed’ shall be returned.
( 1 ) M = mandatory when available in national register, O = optional.
( 2 ) Harmonised document abbreviation, see Directive 1999/37/EC.

---

L 288/10
EN
Official Journal of the European Union
5.11.2011
ANNEX II
TEMPLATE FOR THE INFORMATION LETTER
referred to in Article 5
[Coverpage]

---

EN
5.11.2011 Official
Journal
of
the
European
Union L
288/11

---

L 288/12
EN
Official Journal of the European Union
5.11.2011

---

EN
5.11.2011 Official
Journal
of
the
European
Union L
288/13

---

L 288/14
EN
Official Journal of the European Union
5.11.2011

---

EN
5.11.2011 Official
Journal
of
the
European
Union L
288/15
COMMISSION STATEMENT ON THE LEGAL BASIS
"The Commission notes that both Council and European Parliament agree on the replacement of the legal
basis proposed by the Commission, namely Article 91, paragraph 1c, TFEU by Article 87, paragraph 2,
TFEU. While the Commission shares the view of both co-legislators about the importance of pursuing the
aims of the proposed Directive to improve road safety, it considers however from a legal and institutional
perspective that Article 87, paragraph 2, TFEU does not constitute the appropriate legal basis and therefore
reserves its right to use all legal means at its disposal."

---