Annex
"MINUTE STATEMENT ON EU DIRECTIVE FACILITATING
CROSS-BORDER EXCHANGE OF INFORMATION ON ROAD SAFETY RELATED TRAFFIC
OFFENCES BY THE UNITED KINGDOM AND IRELAND
"The United Kingdom and Ireland fully support
the road safety objectives of this revised proposed Directive
and appreciates the additional two year transposition period that
has been granted to the United Kingdom, Ireland and Denmark.
"However, the United Kingdom and Ireland are
disappointed that they have not been given sufficient time in
order to properly consider the impact of the proposal, including
potential costs on courts which would have to enforce any subsequent
prosecutions pursuant to the new measure. Although the United
Kingdom and Ireland appreciate that the existing Directive 2011/82/EU
(facilitating the cross-border exchange of information on road
safety related traffic offences) is already in force in other
Member States, the United Kingdom, Ireland and Denmark did not
participate in that measure following the application of Protocols
21 and 22 to the Treaties. Accordingly, following its annulment
by the Court of Justice in its judgment in case C-43/12, the proposed
Directive represents new requirements for the United Kingdom,
Ireland and Denmark.
"The United Kingdom and Ireland note the judgment
of the Court of Justice that Directive 2011/82/EU should have
had a transport legal base (Article 91(1)(c) TFEU) rather than
a police co-operation legal base (Article 87(2) TFEU), in light
of its aim and content. It remains the view of the United Kingdom
and Ireland that matters which do pertain to the enforcement of
criminal offences should be considered as being brought forward
pursuant to Article 87 TFEU. In this regard, we note the possibility
of a future review of this measure considering such aspects as
the harmonisation of road traffic rules and enforcement and would
like to make clear that where a proposed measure contains content
which would be an exercise of competence by the Union pursuant
to Title V Part III TFEU, then Protocol 21 on the position of
the United Kingdom and Ireland in respect of the area of freedom,
security and justice will apply."
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