European Parliament finds Spain guilty of imposing V-16 light without informing Brussels about new traffic rule

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baliza V16 Foto: baliza V16 - Reprodução Youtube

Comissão of Petições of The central controversy lies in the implementation of the measure without due prior communication to the authorities of Bruxelas, which could constitute a violation of internal market rules. The analysis was motivated by complaints from citizens who question the legality of royal decrees, pointing out flaws in the notification process required for technical regulations within the bloc.

The core of the legal debate involves Diretiva 2015/1535, legislation that obliges member countries to inform Comissão Europeia about any technical project that could create barriers to trade or impact free movement. The absence of this procedural step by the Spanish administration generated an institutional impasse, now requiring MEPs to assess whether the mandatory technological device violates the principles of transparency and legislative harmonization of the União Europeia.

baliza v16
beacon v16 – Toro Stock/Shutterstock.com

Irregularities in the notification of decrees

The situation worsened after confirmation, by executive vice-president Stéphane Séjourné, that royal decrees 159/2021 and 1030/2022 did not pass community scrutiny before coming into force. Estes documents establish the technical specifications and the obligation of new signage, but the lack of notification prevents other Estados-members from assessing potential unjustified obstacles to the functioning of the common market.

Within the scope of European law, this failure is treated severely, as it removes the opportunity for prior verification of the compatibility of national standards with the bloc’s guidelines. The responsibility lies with the Espanha transit authorities, who now face scrutiny from European institutions and may be subject to infringement procedures if the justifications presented are not considered sufficient to validate the procedural exception.

Connected beacon operation and security

The V-16 device, the focus of the dispute, is a high-intensity yellow emergency light, visible in 360 degrees, designed to be magnetically attached to the roof of the vehicle without the driver having to leave the car. The main innovation required by Dirección General of Tráfico (DGT) is the mandatory connectivity with the DGT 3.0 platform, allowing the exact geolocation of the damaged vehicle to be sent to the traffic authority’s cloud in real time.

The justification for the technological change is based on reducing road accidents, eliminating the need for drivers to walk along the road to position traditional triangles. The system includes a SIM card guaranteed to work for 12 years, aiming to alert other connected drivers about dangers ahead and prevent secondary accidents, modernizing emergency management on Spanish highways.

Debate on discrimination and costs to citizens

Despite the benefits highlighted for road safety, the petitions under analysis highlight the unequal treatment generated by the measure. Critics argue that the imposition of additional costs falls exclusively on the owners of vehicles registered in Espanha, while tourists and transporters from other União Europeia countries continue to circulate freely without the equipment, creating a distortion in the principle of equality.

Parlamento Europeu must now decide whether to keep the issue open to press for adjustments to Spanish legislation or whether to forward formal recommendations. If a violation of European treaties is found due to discrimination or disproportionate technical barriers, Comissão Europeia may legally intervene, calling into question the immediate validity of the fines applied to local drivers who do not carry the approved device.

Maria Clara é colaboradora da redação do Mix Vale, portal de notícias com cobertura de Brasil e mundo. Produz conteúdo nas editorias de economia e benefícios, com foco em informação de serviço para o leitor brasileiro. Escreve para o portal desde 2016: Formação: Atriz.

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