LEGE no. 55 55 of 11 April 2016 to amend and supplement Law no. 5/2014 on certain measures to facilitate the cross-border exchange of information on traffic violations affecting road safety and to facilitate the enforcement of sanctions applied to these infringements
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 282 282 of 14 April 2016
The Romanian Parliament adopts this law + Article I Law no. 5/2014 on certain measures to facilitate the cross-border exchange of information on traffic violations affecting road safety and to facilitate the enforcement of sanctions applied to these infringements, published in Official Gazette of Romania, Part I, no. 31 of 15 January 2014, shall be amended and supplemented as follows: 1. In Article 1, paragraphs 3 and 5 shall be amended and shall read as follows: " (3) This law applies in relation to the United Kingdom of Great Britain and Northern Ireland, Ireland, the Kingdom of Denmark and the Swiss Confederation, as of the date on which those States will be subject to application Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating the cross-border exchange of information on traffic violations affecting road safety. ..................................................................... ((5) This law applies in relation to a third State on the basis and under the terms of the agreement concluded by a third State with the European Union in order to participate in the exchange of data on the registration of suitable vehicles Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015, from the time of entry into force of this Agreement. '; ... 2. in Article 2 (1), points a) and m) shall be amended and shall read as follows: "" a) Member State-Member State of the European Union or of the European Economic Area; ..................................................................... m) driving under the influence of psychoactive substances-driving a vehicle by a person under the influence of drugs or other substances with similar effects, the act established and sanctioned according to art. 336 336 para. ((2) of Law no. 286/2009 , with subsequent amendments and completions, or, as the case may be, according to the legislation of the state in which the act was found, other than Romania, if the act is provided for and sanctioned by the laws of Romania; ". ... 3. In Article 2, paragraph 2 shall be amended and shall read as follows: " (2) By child safety device provided in par. ((1) lit. j), in the sense Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, or of the Implementing Regulation Government Emergency Ordinance no. 195/2002 on traffic on public roads, approved by Government Decision no. 1.391/2006 , as amended and supplemented, the child restraint shall be understood. ' 4. In Article 3 (1), the letter e) shall be amended and shall read as follows: " e) driving under the influence of psychoactive substances; '. 5. In Article 5, paragraph 2 shall be amended and shall read as follows: " (2) The national contact points of the participating states are authorized to carry out the activities referred to in par. ((1) only under the terms of the agreement concluded by the third State with the European Union for participation in the exchange of data on the registration of vehicles Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015. ' 6. In Article 7, after paragraph (4), two new paragraphs are inserted, paragraphs (4 ^ 1) and (4 ^ 2), with the following contents: " (4 ^ 1) By exception to the provisions of par. (2), the competent Romanian authorities do not trigger the information procedures provided in par. (3) when the infringement constitutes a contravention and the authority is found in one of the following situations: a) following one or more previous briefings addressed to the same person, no reply has been received; ... b) the data provided by the filing system are incomplete and did not allow, upon a previous request, to contact the owner/user of the vehicle. ... (4 ^ 2) In the case provided in par. (4 ^ 1), the data obtained with regard to the owners or holders of the vehicles with which the violations were committed shall be deleted as soon as the conditions have been found in the case of each of the situations referred to in lett. a) or b). " 7. Article 8 is amended and shall read as follows: "" Art. 8. -The personal data processing carried out under this law by the competent Romanian authorities and the DRPCIV is carried out in compliance with the provisions Law no. 677/2001 for the protection of persons with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions. " 8. In Article 11, paragraph 2 shall be amended and shall read as follows: " (2) In the case of applications made according to paragraph ((1), by way of derogation from the provisions Law no. 677/2001 , with subsequent amendments and completions, the deadline for the wording of an answer is 60 days from the date of application. Within this period, the DRPCIV shall request information from the national contact point of the State which accessed the data from the RNEPCVI and/or the competent authority to which the data was communicated as appropriate. 9. In Article 23 (1), point c) is amended and shall read as follows: " c) other data necessary and useful to the European Commission for drawing up the synthesis on the rules in force in the Member States relating to the regulated field of Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015, provided for in art. 8 8 para. ((1) of the Directive. " 10. In Article 24, paragraphs 1 and 4 shall be amended and shall read as follows: "" Art. 24. -(1) In order to monitor and control the application of the provisions contained in this Law, the Ministry of Internal Affairs shall prepare a complete report, as well as periodic reports. ........................................................................ (4) Romania, through the Ministry of Internal Affairs, shall submit to the European Commission the full report, by 6 May 2016, and thereafter, periodic reports, every 2 years. " ... 11. The entry on the transposition of the European Union rules shall be amended and shall read as follows: " This law transposes into national law the provisions of art. 1-3 1-3, art. 4 4 para. (1) first sentence, para. ((2), para. (3) first and third sentences, para. ((4) and (5) and art. 5 5-8 of Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating the cross-border exchange of information on traffic violations affecting road safety, published in the Official Journal of the European Union, L series, No. 68 68 of 13 March 2015. ' + Article II This law shall enter into force 15 days from the date of publication in the Official Gazette of Romania, Part I. + Article III Within 2 months from the date of entry into force of this Law, Romania, through the Ministry of Internal Affairs, shall submit to the European Commission updated information provided art. 23 23 para. ((1) of Law no. 5/2014 on certain measures to facilitate the cross-border exchange of information on traffic violations affecting road safety and to facilitate the enforcement of sanctions applied to these infringements, as amended and the additions made by this law. + Article IV Law no. 5/2014 on certain measures to facilitate the cross-border exchange of information on traffic violations affecting road safety and to facilitate the enforcement of sanctions applied to these infringements, published in Official Gazette of Romania, Part I, no. 31 of January 15, 2014, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, April 11, 2016. No. 55. -------
