State of affairs CBE Directive 2011/82/EU

1. State of affairsCBE Directive 2011/82/EU Idske Dijkstra (RDW) / Secretariat EUCARIS 10 May, Isle of Man

2. Agenda State of affairs CBE Directive 2011/82/EU • Background • Implementation • The way forward

3. CBE Directive 2011/82/EU Background Directive 2011/82/EU facilitating Cross-Border Exchange of information on road safety related traffic offences of 25 October 2011 (“CBE Directive”) - Published on 5 November 2011 - To be implemented 7 November 2013 • 8 Offences • Speeding • Non use of seat belt • Failing to stop at red traffic light • Drink-driving • Driving under the influence of drugs • Failing to wear a safety helmet • Use of forbidden lane • Illegally using a mobile telephone or any other communication devices while driving

4. CBE Directive 2011/82/EU Background Providing legal framework • For conducting automated cross border searches concerning vehicle registration data • In compliance with Chapter 3 of the Council Decision 2008/616/JHA • Annex 1 offers a dataset, both for requests and responses • Together with the search procedures to be followed: • Both online real-time and batch have to be supported • Search by full vehicle licence number and reference date/time Indirect reference to • Functional and non-functional requirements • Data security and software • Organisational issues and governance • Recommended to use already existing systems • But compulsory to comply with 2008/616/JHA

5. CBE Directive 2011/82/EU Background • Until 25 October 2011 Directive was handled by Land Transport Working Group • Advises of DAPIX Subgroup VRD (experts Prüm) were taken into account • As from 25 October 2011 – handed over to DAPIX • DAPIX = Council Working Group on Information Exchange and Data Protection DAPIX • Draws up EU strategies for ensuring data exchange between law enforcement authorities • Responsible for implementation Prüm in MS • 3 DAPIX-subgroups with experts  DNA, Fingerprints and VRD • Since the beginning of this year officially responsible for implementing CBE

6. CBE Directive 2011/82/EU Background • 24-11-’11: DAPIX Subgroup VRD- First official discussion on the implementation • 07-03-’12: DAPIX Subgroup VRD implementation was decided • 28-03-’12: DAPIX Working Group officially agreed on the implementation and requested EUCARIS to further elaborate consequence • Finances to be agreed in DAPIX of September and EUCARIS PB 19-21 September Issue • Legal base of the Directive = Art. 87(2) TFEU (Police Cooperation) • Commission challenges this basis and has proposed Art. 91(3) TFEU (Road Safety) • For now no consequences for the implementation

7. CBE Directive - Implementation Scope and overview of the system The system will consist of threeparts 1. Requesting MS – MS of offence • Has to implement at least one application to retrieve O/H data in another MS • Via the standard/generic Web Client • An online real-time client application integrated in an already existing application or • A batch procedure 2. EUCARIS • Responsible for the international part of the system = exchange O/H data 3. Providing MS – MS of registration • Has to provide the data both in an online real-time mode and in batch mode (answer within a certain time span).

8. CBE Directive - Implementation Requesting MS sTESTA Providing MS Police system Prüm single requests, case by case online direct response Police system traffic checks Online provision of Prüm data Vehicle register sTESTANetwork Online provision of CBE data EUCARIS EUCARIS Batch provision of CBE data Justice system traffic fine collection batch requests multi-vehicle asynchronous response postponded

9. CBE Directive - Implementation Scope and overview of the system • Both batch mode and the interactive mode have to be supported • Requesting MS developments • Online service to request data (optional) - Reduced copy Prüm service - Development efforts limited • Standard EUCARIS Web Client may be used • Batch Service to request multiple licence numbers in batch mode (optional) • Providing MS developments • Online service for the provision of data by the Registration Authority; - Reduced copy Prüm service - Development efforts limited • Batch service for provision of data; new service - Has to be developed by most countries => takes a considerable effort

10. CBE Directive - Implementation Scope and overview of the system • Standard development of the “file splitter” File splitter • Service will be developed to split up a batch request of a requesting MS • Batch request is splitted into a series of single requests • Requests can be handled by the online service of the providing MS • This online service has to be developed anyway • Basically a copy of the Prüm service => development will take little effort

11. CBE Directive - Implementation Requesting MS sTESTA Providing MS Online provision of Prüm data Vehicle Register sTESTANetwork Online provision of CBE data EUCARIS EUCARIS Justice system traffic fine collection batch requests multi-vehicle asynchronous response postponed File splitter

12. CBE Directive - Implementation Other requirements • Statistics according to Prüm • Security based on Decision 2008/616/JHA Non functional requirements • Letter of Intent as for Prüm • Time window 7*24 • Availability 98% • No separate monitoring function – via Prüm monitoring • Performance and capacity/scalability requirements as for Prüm

13. CBE Directive - Implementation Organisation and finance • No obligation to endorse the EUCARIS Treaty • CBE users will be regarded as Third Parties Financial impact • Yearly fee for general costs is already paid by all MS (Prüm) • Initial costs estimated at € 100K – € 200K divided by all MS, including - Adaptation of Prüm online service, including WebClient - Adaptation of General batch service VHOwnerHolder Exchange - Helpdesk/test support => 1 man year - File splitter - Statistics

14. CBE Directive - Implementation Further approach and time schedule • 28 March 2012: approval of this proposal in the DAPIX, request to EUCARIS for a quotation • September 2012: approval of the budget • October – December 2012: specifications and instructions • January – March 2013: development generic CBE services • April – July 2013: CBE services distributed and deployment • January – July 2013: development of the system by the MS • May – October 2013: testing by the MS with EUCARIS acceptance by EUCARIS, report to DAPIX VRD ? • 7 November 2013: system and procedures operational

15. New Directive 2011/82/EU 17281/11 - The way forward • Lessons learned from Prüm Council Decision - Foresee sufficient time for legal implementation - Make sure that evaluation procedures are not over-bureaucratic - Monitor permanently the implementation process in the Member States • Not involved yet? • Contact your national DAPIX delegate

16. End Questions?

18. CBE Directive - Implementation Scope and overview of the system File splitter • The single responses are sent back to the file splitter • The file splitter consolidates the single responses in one VHOwnerHolder Exchange response and sends this message to the upload queue of EUCARIS • At a scheduled moment the message is sent back to the requesting MS • MS using the file splitter do not have to develop their own batch procedure

19. CBE Directive - Implementation Security • Fully based on Decision 2008/616/JHA • sTESTA network; closed network • Security by a PKI, certificates of any TTP • Exclusiveness by encryption via SSL (one-sided) • Integrity by XML-signing • Separated user groups • Logging of all message exchange (request and response) • Track and trace of individual messages is possible (for audit reasons or on request of a citizen)