# Official Journal C 295E/2006

| | ISSN 1725-2423 |
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| Official Journal
  of the European Union | C 295E |
| | |
| English edition | Information and Notices | Volume 495 December 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 295E

English edition

Information and Notices

Volume 495 December 2006

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Council |
| 2006/C 295E/1 | Common Position (EC) No 23/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on driving licences (Recast) (
  1
  ) | 1 |
| 2006/C 295E/2 | Common Position (EC) No 24/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Recommendation of the European Parliament and of the Council on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry | 48 |
| 2006/C 295E/3 | Common Position (EC) No 25/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality | 57 |
| 2006/C 295E/4 | Common Position (EC) No 26/2006 of 25 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Decision of the European Parliament and of the Council establishing for the period 2007 to 2013 the programme Europe for Citizens to promote active European citizenship | 69 |

Notice No

Contents

page

I   Information

Council

2006/C 295E/1

Common Position (EC) No 23/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on driving licences (Recast) (
  1
  )

1

1

2006/C 295E/2

Common Position (EC) No 24/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Recommendation of the European Parliament and of the Council on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry

48

2006/C 295E/3

Common Position (EC) No 25/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality

57

2006/C 295E/4

Common Position (EC) No 26/2006 of 25 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Decision of the European Parliament and of the Council establishing for the period 2007 to 2013 the programme Europe for Citizens to promote active European citizenship

69

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

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EN

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I Information

Council

| 5.12.2006 | EN | Official Journal of the European Union | CE 295/1 |
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5.12.2006

EN

Official Journal of the European Union

CE 295/1

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COMMON POSITION (EC) No 23/2006

adopted by the Council on 18 September 2006

with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council of... on driving licences (Recast)

(2006/C 295 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Council Directive 91/439/EEC of 29 July 1991 on driving licences (3) has been significantly amended on several occasions. Now that new amendments are being made to the said Directive, it is desirable, in order to clarify matters, that the provisions in question should be recast. |
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(1)

Council Directive 91/439/EEC of 29 July 1991 on driving licences (3) has been significantly amended on several occasions. Now that new amendments are being made to the said Directive, it is desirable, in order to clarify matters, that the provisions in question should be recast.

| (2) | The rules on driving licences are essential elements of the common transport policy, contribute to improving road safety, and facilitate the free movement of persons taking up residence in a Member State other than the one issuing the licence. Given the importance of individual means of transport, possession of a driving licence duly recognised by a host Member State promotes free movement and freedom of establishment of persons. Despite the progress achieved with harmonising the rules on driving licences, significant differences have persisted between Member States in the rules on periodicity of licences renewal and on subcategories of vehicles, which needed to be harmonised more fully, in order to contribute to the implementation of Community policies. |
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(2)

The rules on driving licences are essential elements of the common transport policy, contribute to improving road safety, and facilitate the free movement of persons taking up residence in a Member State other than the one issuing the licence. Given the importance of individual means of transport, possession of a driving licence duly recognised by a host Member State promotes free movement and freedom of establishment of persons. Despite the progress achieved with harmonising the rules on driving licences, significant differences have persisted between Member States in the rules on periodicity of licences renewal and on subcategories of vehicles, which needed to be harmonised more fully, in order to contribute to the implementation of Community policies.

| (3) | The possibility of laying down national provisions with regard to the period of validity provided for in Directive 91/439/EEC leads to the co-existence of different rules in different Member States and over 110 different models of driving licences valid in the Member States. This creates problems of transparency for citizens, police forces and the administrations responsible for the administration of driving licences and leads to the falsification of documents which sometimes date back several decades. |
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(3)

The possibility of laying down national provisions with regard to the period of validity provided for in Directive 91/439/EEC leads to the co-existence of different rules in different Member States and over 110 different models of driving licences valid in the Member States. This creates problems of transparency for citizens, police forces and the administrations responsible for the administration of driving licences and leads to the falsification of documents which sometimes date back several decades.

| (4) | In order to prevent the single European driving licence model from becoming an additional model to the 110 already in circulation, Member States should take all necessary measures to issue this single model to all licence holders. |
| --- | --- |

(4)

In order to prevent the single European driving licence model from becoming an additional model to the 110 already in circulation, Member States should take all necessary measures to issue this single model to all licence holders.

| (5) | This Directive should not prejudice existing entitlements to drive granted or acquired before its date of application. |
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(5)

This Directive should not prejudice existing entitlements to drive granted or acquired before its date of application.

| (6) | Driving licences are mutually recognised. Member States should be able to apply the period of validity prescribed by this Directive to a licence without a limited administrative validity issued by another Member State and whose holder has resided on their territory for more than two years. |
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(6)

Driving licences are mutually recognised. Member States should be able to apply the period of validity prescribed by this Directive to a licence without a limited administrative validity issued by another Member State and whose holder has resided on their territory for more than two years.

| (7) | The introduction of a period of administrative validity for new driving licences should make it possible to apply at the time of periodic renewal the most recent counter-falsification measures and the medical examinations or other measures provided for by the Member States. |
| --- | --- |

(7)

The introduction of a period of administrative validity for new driving licences should make it possible to apply at the time of periodic renewal the most recent counter-falsification measures and the medical examinations or other measures provided for by the Member States.

| (8) | On road safety grounds, the minimum requirements for the issue of a driving licence should be laid down. Standards for driving tests and licensing need to be harmonised. To this end the knowledge, skills and behaviour connected with driving motor vehicles should be defined, the driving test should be based on these concepts and the minimum standards of physical and mental fitness for driving such vehicles should be redefined. |
| --- | --- |

(8)

On road safety grounds, the minimum requirements for the issue of a driving licence should be laid down. Standards for driving tests and licensing need to be harmonised. To this end the knowledge, skills and behaviour connected with driving motor vehicles should be defined, the driving test should be based on these concepts and the minimum standards of physical and mental fitness for driving such vehicles should be redefined.

| (9) | Proof of fulfilment of compliance with minimum standards of physical and mental fitness for driving by drivers of vehicles used for the transport of persons or goods should be provided when the driving licence is issued and periodically thereafter. Such regular control in accordance with national rules of compliance with minimum standards will contribute to the free movement of persons, avoid distortions of competition and better take into account the specific responsibility of drivers of such vehicles. Member States should be allowed to impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental fitness for driving other motor vehicles. For reasons of transparency, such examinations should coincide with a renewal of driving licences and therefore be determined by the period of validity of the licence. |
| --- | --- |

(9)

Proof of fulfilment of compliance with minimum standards of physical and mental fitness for driving by drivers of vehicles used for the transport of persons or goods should be provided when the driving licence is issued and periodically thereafter. Such regular control in accordance with national rules of compliance with minimum standards will contribute to the free movement of persons, avoid distortions of competition and better take into account the specific responsibility of drivers of such vehicles. Member States should be allowed to impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental fitness for driving other motor vehicles. For reasons of transparency, such examinations should coincide with a renewal of driving licences and therefore be determined by the period of validity of the licence.

| (10) | It is necessary to strengthen further the principle of progressive access to the categories of two-wheeled vehicles and to the categories of vehicles used for the transport of passengers and goods. |
| --- | --- |

(10)

It is necessary to strengthen further the principle of progressive access to the categories of two-wheeled vehicles and to the categories of vehicles used for the transport of passengers and goods.

| (11) | Nevertheless, Member States should be allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety; Member States should in exceptional circumstances be allowed to set lower age limits in order to take account of national circumstances. |
| --- | --- |

(11)

Nevertheless, Member States should be allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety; Member States should in exceptional circumstances be allowed to set lower age limits in order to take account of national circumstances.

| (12) | The definitions of the categories should reflect to a greater extent the technical characteristics of the vehicles concerned and the skills needed to drive a vehicle. |
| --- | --- |

(12)

The definitions of the categories should reflect to a greater extent the technical characteristics of the vehicles concerned and the skills needed to drive a vehicle.

| (13) | Introducing a category of driving licences for mopeds will, in particular, increase road safety as regards the youngest drivers who, according to the statistics, are the hardest hit by road accidents. |
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(13)

Introducing a category of driving licences for mopeds will, in particular, increase road safety as regards the youngest drivers who, according to the statistics, are the hardest hit by road accidents.

| (14) | Specific provisions should be adopted to make it easier for physically disabled persons to drive vehicles. |
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(14)

Specific provisions should be adopted to make it easier for physically disabled persons to drive vehicles.

| (15) | For reasons connected with road safety, Member States should be able to apply their national provisions on the withdrawal, suspension, renewal and cancellation of driving licences to all licence holders having acquired normal residence in their territory. |
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(15)

For reasons connected with road safety, Member States should be able to apply their national provisions on the withdrawal, suspension, renewal and cancellation of driving licences to all licence holders having acquired normal residence in their territory.

| (16) | The model driving licence as set out in Directive 91/439/EEC should be replaced by a single model in the form of a plastic card. At the same time, this model driving licence needs to be adapted on account of the introduction of a new category of driving licences for mopeds and of a new category of driving licences for motorcycles. |
| --- | --- |

(16)

The model driving licence as set out in Directive 91/439/EEC should be replaced by a single model in the form of a plastic card. At the same time, this model driving licence needs to be adapted on account of the introduction of a new category of driving licences for mopeds and of a new category of driving licences for motorcycles.

| (17) | The introduction of an optional microchip in the new plastic card model driving licence should enable the Member States to further improve the level of anti-fraud protection. Member States should have flexibility to include national data on the chip provided that it does not interfere with commonly accessible data. The technical requirements for the microchip should be determined by the Commission, assisted by the committee on driving licences. |
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(17)

The introduction of an optional microchip in the new plastic card model driving licence should enable the Member States to further improve the level of anti-fraud protection. Member States should have flexibility to include national data on the chip provided that it does not interfere with commonly accessible data. The technical requirements for the microchip should be determined by the Commission, assisted by the committee on driving licences.

| (18) | Minimum standards concerning access to the profession of examiner and examiner training requirements should be established in order to improve the knowledge and skills of examiners thereby ensuring a more objective evaluation of driving licence applicants and achieving greater harmonisation of driving tests. |
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(18)

Minimum standards concerning access to the profession of examiner and examiner training requirements should be established in order to improve the knowledge and skills of examiners thereby ensuring a more objective evaluation of driving licence applicants and achieving greater harmonisation of driving tests.

| (19) | The Commission should be allowed to undertake the adaptation of Annexes I to VI to scientific and technical progress. |
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(19)

The Commission should be allowed to undertake the adaptation of Annexes I to VI to scientific and technical progress.

| (20) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4). |
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(20)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

| (21) | Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale and their effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
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(21)

Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale and their effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (22) | This Directive should not prejudice the obligations of the Member States relating to the deadlines for transposition into national law and application of the Directives listed in Annex VII, Part B, |
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(22)

This Directive should not prejudice the obligations of the Member States relating to the deadlines for transposition into national law and application of the Directives listed in Annex VII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Model licence

1.   Member States shall introduce a national driving licence based on the Community model set out in Annex I, in accordance with the provisions of this Directive. The emblem on page 1 of the Community model driving licences shall contain the distinguishing sign of the Member State issuing the licence.

2.   Without prejudice to data protection rules, Member States may introduce a storage medium (microchip) as part of the driving licence, as soon as the requirements in Annex I concerning the microchip are laid down by the Commission in accordance with the procedure referred to in Article 9(2). These requirements shall provide for EC type-approval, which shall only be granted when the ability to resist attempts to tamper with or alter data is demonstrated.

3.   The microchip shall incorporate the harmonised driving licence data specified in Annex I.

After consulting the Commission, Member States may store additional data, provided that it does not in any way interfere with the implementation of this Directive.

In accordance with the procedure referred to in Article 9(2), the Commission may adapt Annex I in order to guarantee future interoperability.

4.   With the agreement of the Commission, Member States may make to the model set out in Annex I such adjustments as are necessary for computer processing of the driving licence.

Article 2

Mutual recognition

1.   Driving licences issued by Member States shall be mutually recognised.

2.   When the holder of a valid national driving licence without the administrative validity period set out in Article 7(2) takes up normal residence in a Member State other than that which issued the driving licence, the host Member State may apply to the licence the administrative validity periods set out in that Article by renewing the driving licence, as from 2 years after the date on which the holder has taken up normal residence on its territory.

Article 3

Anti-forgery measures

1.   Member States shall take all necessary steps to avoid any risk of forgery of driving licences, including that of model driving licences issued before the entry into force of this Directive. They shall inform the Commission thereof.

2.   The material used for the driving licence, as set out in Annex I, shall be made secure against forgery in application of specifications which are to be laid down by the Commission in accordance with the procedure referred to in Article 9(2). Member States are free to introduce additional security features.

3.   Member States shall ensure that, by ... (5), all driving licences issued or in circulation fulfil all the requirements of this Directive.

Article 4

Categories, definitions and minimum ages

1.   The driving licence provided for in Article 1 shall authorise the driving of power-driven vehicles in the categories defined hereafter. It may be issued from the minimum age indicated for each category. A ‘power-driven vehicle’ means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle.

2.   Mopeds:

| | Category AM






  — | Two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h, as defined in Article 1(2)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (6) (excluding those with a maximum design speed under or equal to 25 km/h), and light quadricycles as defined in Article 1(3)(a) of Directive 2002/24/EC, |
| --- | --- | --- |

Category AM

—

Two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h, as defined in Article 1(2)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (6) (excluding those with a maximum design speed under or equal to 25 km/h), and light quadricycles as defined in Article 1(3)(a) of Directive 2002/24/EC,

| — | the minimum age for category AM is fixed at 16 years; |
| --- | --- |

—

the minimum age for category AM is fixed at 16 years;

3.   Motorcycles with or without a sidecar and motor tricycles:

| — | ‘motorcycle’ means two-wheel vehicles with or without a sidecar, as defined in Article 1(2)(b) of Directive 2002/24/EC, |
| --- | --- |

—

‘motorcycle’ means two-wheel vehicles with or without a sidecar, as defined in Article 1(2)(b) of Directive 2002/24/EC,

| — | ‘motor tricycle’ means vehicles with three symmetrically arranged wheels, as defined in Article 1(2)(c) of Directive 2002/24/EC; |
| --- | --- |

—

‘motor tricycle’ means vehicles with three symmetrically arranged wheels, as defined in Article 1(2)(c) of Directive 2002/24/EC;

| (a) | Category A1:






  — | motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg, |
| --- | --- | --- |

(a)

Category A1:

—

motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg,

| — | motor tricycles with a power not exceeding 15 kW, |
| --- | --- |

—

motor tricycles with a power not exceeding 15 kW,

| — | the minimum age for category A1 is fixed at 16 years; |
| --- | --- |

—

the minimum age for category A1 is fixed at 16 years;

| (b) | Category A2:






  — | motorcycles of a power not exceeding 35 kW and with a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than double its power, |
| --- | --- | --- |

(b)

Category A2:

—

motorcycles of a power not exceeding 35 kW and with a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than double its power,

| — | the minimum age for category A2 is fixed at 18 years; |
| --- | --- |

—

the minimum age for category A2 is fixed at 18 years;

| (c) | Category A:






  (i) | motorcycles






  — | The minimum age for category A is fixed at 20 years. However, access to the driving of motorcycles of this category shall be subject to a minimum of two years' experience on motorcycles under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old. |
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(c)

Category A:

(i)

motorcycles

—

The minimum age for category A is fixed at 20 years. However, access to the driving of motorcycles of this category shall be subject to a minimum of two years' experience on motorcycles under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old.

| (ii) | motor tricycles with a power exceeding 15 kW






  — | The minimum age for motor tricycles exceeding 15 kW is fixed at 21 years.OK ? |
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(ii)

motor tricycles with a power exceeding 15 kW

—

The minimum age for motor tricycles exceeding 15 kW is fixed at 21 years.OK ?

4.   Motor vehicles:

| — | ‘motor vehicle’ means any power-driven vehicle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolleybuses, i.e. vehicles connected to an electric conductor and not rail-borne. It shall not include agricultural or forestry tractors, |
| --- | --- |

—

‘motor vehicle’ means any power-driven vehicle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolleybuses, i.e. vehicles connected to an electric conductor and not rail-borne. It shall not include agricultural or forestry tractors,

| — | ‘Agricultural or forestry tractor’ means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function; |
| --- | --- |

—

‘Agricultural or forestry tractor’ means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function;

| (a) | Category B1:






  — | quadricycles, as defined in Article 1(3)(b) of Directive 2002/24/EC, |
| --- | --- | --- |

(a)

Category B1:

—

quadricycles, as defined in Article 1(3)(b) of Directive 2002/24/EC,

| — | the minimum age for category B1 is fixed at 16 years, |
| --- | --- |

—

the minimum age for category B1 is fixed at 16 years,

| — | category B1 is optional; in Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles; |
| --- | --- |

—

category B1 is optional; in Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles;

| (b) | Category B:
  motor vehicles with a maximum authorised mass not exceeding 3 500 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg.
  Without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category may be combined with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of this combination does not exceed 4 250 kg. In case such a combination exceeds 3 500 kg, Member States shall, in accordance with the provisions of Annex V, require that this combination shall only be driven after:






  — | a training has been completed, or |
| --- | --- | --- |

(b)

Category B:

motor vehicles with a maximum authorised mass not exceeding 3 500 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg.

Without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category may be combined with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of this combination does not exceed 4 250 kg. In case such a combination exceeds 3 500 kg, Member States shall, in accordance with the provisions of Annex V, require that this combination shall only be driven after:

—

a training has been completed, or

| — | a test of skills and behaviour has been passed. |
| --- | --- |

—

a test of skills and behaviour has been passed.

Member States may also require both such a training and the passing of a test of skills and behaviour.

Member States shall indicate the entitlement to drive such a combination on the driving licence by means of the relevant Community code.

The minimum age for category B is fixed at 18 years;

| (c) | Category BE:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles consisting of a tractor vehicle in category B and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg, |
| --- | --- | --- |

(c)

Category BE:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles consisting of a tractor vehicle in category B and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg,

| — | the minimum age for category BE is fixed at 18 years; |
| --- | --- |

—

the minimum age for category BE is fixed at 18 years;

| (d) | Category C1:
  motor vehicles other than those in categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg, but does not exceed 7 500 kg, and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; |
| --- | --- |

(d)

Category C1:

motor vehicles other than those in categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg, but does not exceed 7 500 kg, and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

| (e) | Category C1E:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 000 kg, |
| --- | --- | --- |

(e)

Category C1E:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 000 kg,

| — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the combination does not exceed 12 000 kg, |
| --- | --- |

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the combination does not exceed 12 000 kg,

| — | the minimum age for categories C1 and C1E is fixed at the age of 18 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (7); |
| --- | --- |

—

the minimum age for categories C1 and C1E is fixed at the age of 18 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (7);

| (f) | Category C:
  motor vehicles other than those in categories D1 or D, whose maximum authorised mass is over 3 500 kg and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; |
| --- | --- |

(f)

Category C:

motor vehicles other than those in categories D1 or D, whose maximum authorised mass is over 3 500 kg and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg;

| (g) | Category CE:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg, |
| --- | --- | --- |

(g)

Category CE:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg,

| — | the minimum age for categories C and CE is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; |
| --- | --- |

—

the minimum age for categories C and CE is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC;

| (h) | Category D1:
  motor vehicles designed and constructed for the carriage of no more than 16 passengers in addition to the driver and with a maximum length not exceeding 8 m; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; |
| --- | --- |

(h)

Category D1:

motor vehicles designed and constructed for the carriage of no more than 16 passengers in addition to the driver and with a maximum length not exceeding 8 m; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

| (i) | Category D1E:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg, |
| --- | --- | --- |

(i)

Category D1E:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg,

| — | the minimum age for categories D1 and D1E is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; |
| --- | --- |

—

the minimum age for categories D1 and D1E is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC;

| (j) | Category D:
  motor vehicles designed and constructed for the carriage of more than eight passengers in addition to the driver; motor vehicles which may be driven with a category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; |
| --- | --- |

(j)

Category D:

motor vehicles designed and constructed for the carriage of more than eight passengers in addition to the driver; motor vehicles which may be driven with a category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg;

| (k) | Category DE:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg, |
| --- | --- | --- |

(k)

Category DE:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg,

| — | the minimum age for categories D and DE is fixed at 24 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; |
| --- | --- |

—

the minimum age for categories D and DE is fixed at 24 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC;

5.   With the agreement of the Commission, Member States may exclude from the application of this Article certain specific types of power-driven vehicle such as special vehicles for disabled persons.

Member States may exclude from the application of this Directive vehicles used by, or under the control of, the armed forces and civil defence.

6.   Member States may raise or lower the minimum age for issuing a driving licence:

| (a) | for category AM down to 14 years or up to 18 years; |
| --- | --- |

(a)

for category AM down to 14 years or up to 18 years;

| (b) | for category B1 up to 18 years; |
| --- | --- |

(b)

for category B1 up to 18 years;

| (c) | for category A1 up to 17 or 18 years,






  — | if there is a two years difference between the minimum age for category A1 and the minimum age for category A2, and |
| --- | --- | --- |

(c)

for category A1 up to 17 or 18 years,

—

if there is a two years difference between the minimum age for category A1 and the minimum age for category A2, and

| — | there is a requirement of a minimum of two years experience on motorcycles of category A2 before access to the driving of motorcycles for category A can be granted, as referred to in Article 4(3)(c)(i); |
| --- | --- |

—

there is a requirement of a minimum of two years experience on motorcycles of category A2 before access to the driving of motorcycles for category A can be granted, as referred to in Article 4(3)(c)(i);

| (d) | for categories B and BE down to 17 years. |
| --- | --- |

(d)

for categories B and BE down to 17 years.

Member States may lower the minimum age for category C to 18 years and for category D to 21 years with regard to:

| (a) | vehicles used by the fire service and vehicles used for maintaining public order; |
| --- | --- |

(a)

vehicles used by the fire service and vehicles used for maintaining public order;

| (b) | vehicles undergoing road tests for repair or maintenance purposes. |
| --- | --- |

(b)

vehicles undergoing road tests for repair or maintenance purposes.

Driving licences issued to persons at a lower age than set out in paragraphs 2 to 4 in accordance with this paragraph shall only be valid on the territory of the issuing Member State until the licence holder has reached the minimum age limit set out in paragraphs 2 to 4.

Member States may recognise the validity on their territory of driving licences issued to drivers under the minimum ages set out in paragraphs 2 to 4.

Article 5

Conditions and restrictions

1.   Driving licences shall state the conditions under which the driver is authorised to drive.

2.   If, because of a physical disability, driving is authorised only for certain types of vehicle or for adapted vehicles, the test of skills and behaviour provided for in Article 7 shall be taken in such a vehicle.

Article 6

Staging and equivalences between categories

1.   The issue of driving licences shall be subject to the following conditions:

| (a) | licences for categories C1, C, D1 and D shall be issued only to drivers already entitled to drive vehicles in category B; |
| --- | --- |

(a)

licences for categories C1, C, D1 and D shall be issued only to drivers already entitled to drive vehicles in category B;

| (b) | licences for categories BE, C1E, CE, D1E and DE shall be issued only to drivers already entitled to drive vehicles in categories B, C1, C, D1 and D respectively. |
| --- | --- |

(b)

licences for categories BE, C1E, CE, D1E and DE shall be issued only to drivers already entitled to drive vehicles in categories B, C1, C, D1 and D respectively.

2.   The validity of driving licences shall be determined as follows:

| (a) | licences granted for categories C1E, CE, D1E or DE shall be valid for combinations of vehicles in category BE; |
| --- | --- |

(a)

licences granted for categories C1E, CE, D1E or DE shall be valid for combinations of vehicles in category BE;

| (b) | licences granted for category CE shall be valid for category DE as long as their holders are entitled to drive vehicles in category D; |
| --- | --- |

(b)

licences granted for category CE shall be valid for category DE as long as their holders are entitled to drive vehicles in category D;

| (c) | licences granted for category CE and DE shall be valid for combinations of vehicles in categories C1E and D1E respectively; |
| --- | --- |

(c)

licences granted for category CE and DE shall be valid for combinations of vehicles in categories C1E and D1E respectively;

| (d) | licences granted for any category shall be valid for vehicles in category AM. However, for driving licences issued on its territory, a Member State may limit the equivalences for category AM to categories A1, A2 and A, if that Member State imposes a practical test as a condition for obtaining category AM; |
| --- | --- |

(d)

licences granted for any category shall be valid for vehicles in category AM. However, for driving licences issued on its territory, a Member State may limit the equivalences for category AM to categories A1, A2 and A, if that Member State imposes a practical test as a condition for obtaining category AM;

| (e) | licences issued for category A2 shall also be valid for category A1; |
| --- | --- |

(e)

licences issued for category A2 shall also be valid for category A1;

| (f) | licences granted for categories A, B, C or D shall be valid for categories A1, A2, B1, C1, or D1 respectively. |
| --- | --- |

(f)

licences granted for categories A, B, C or D shall be valid for categories A1, A2, B1, C1, or D1 respectively.

3.   For driving on their territory, Member States may grant the following equivalences:

| (a) | motor tricycles under a licence for category B, for motor tricycles with a power exceeding 15 kW provided that the holder of the licence for category B is at least 21 years old; |
| --- | --- |

(a)

motor tricycles under a licence for category B, for motor tricycles with a power exceeding 15 kW provided that the holder of the licence for category B is at least 21 years old;

| (b) | category A1 motorcycles under a licence for category B. |
| --- | --- |

(b)

category A1 motorcycles under a licence for category B.

As this paragraph is only valid on their territories, Member States shall not indicate on the driving licence that a holder is entitled to drive these vehicles.

4.   Member States may, after consulting the Commission, authorise the driving on their territory of:

| (a) | vehicles of category D1 (with a maximum authorised mass of 3 500 kg, excluding any specialised equipment intended for the carriage of disabled passengers) by holders over 21 years old of a driving licence for category B which was obtained at least two years earlier provided that the vehicles are being used by non-commercial bodies for social purposes and that the driver provides his services on a voluntary basis; |
| --- | --- |

(a)

vehicles of category D1 (with a maximum authorised mass of 3 500 kg, excluding any specialised equipment intended for the carriage of disabled passengers) by holders over 21 years old of a driving licence for category B which was obtained at least two years earlier provided that the vehicles are being used by non-commercial bodies for social purposes and that the driver provides his services on a voluntary basis;

| (b) | vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the main purpose of the vehicles is to be used only when stationary as an instructional or recreational area, and that they are being used by non-commercial bodies for social purposes and that vehicles have been modified so that they may not be used either for the transport of more than nine persons or for the transport of any goods other than those strictly necessary for their purposes. |
| --- | --- |

(b)

vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the main purpose of the vehicles is to be used only when stationary as an instructional or recreational area, and that they are being used by non-commercial bodies for social purposes and that vehicles have been modified so that they may not be used either for the transport of more than nine persons or for the transport of any goods other than those strictly necessary for their purposes.

Article 7

Issue, validity and renewal

1.   Driving licences shall be issued only to those applicants:

| (a) | who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance with the provisions of Annexes II and III; |
| --- | --- |

(a)

who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance with the provisions of Annexes II and III;

| (b) | who have passed a theory test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour and a medical examination for this category.
  For tricycles and quadricycles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a national code may be inserted on the driving licence; |
| --- | --- |

(b)

who have passed a theory test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour and a medical examination for this category.

For tricycles and quadricycles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a national code may be inserted on the driving licence;

| (c) | who have, as regards category A2 or category A, on the condition of having acquired a minimum of 2 years' experience on a motorcycle in category A1 or in category A2 respectively, passed a test of skills and behaviour only, or completed a training pursuant to Annex VI; |
| --- | --- |

(c)

who have, as regards category A2 or category A, on the condition of having acquired a minimum of 2 years' experience on a motorcycle in category A1 or in category A2 respectively, passed a test of skills and behaviour only, or completed a training pursuant to Annex VI;

| (d) | who have completed a training or passed a test of skills and behaviour, or completed a training and passed a test of skills and behaviour pursuant to Annex V as regards category B for driving a vehicle combination as defined in the second subparagraph of Article 4(4)(b); |
| --- | --- |

(d)

who have completed a training or passed a test of skills and behaviour, or completed a training and passed a test of skills and behaviour pursuant to Annex V as regards category B for driving a vehicle combination as defined in the second subparagraph of Article 4(4)(b);

| (e) | who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months. |
| --- | --- |

(e)

who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months.

| 2. | (a) | As from ... (8), licences issued by Member States for categories AM, A1, A2, A, B, B1 and BE shall have an administrative validity of 10 years.
  A Member State may choose to issue such licences with an administrative validity of up to 15 years; |
| --- | --- | --- |
| (b) | As from ... (8), licences issued by Member States for categories C, CE, C1, C1E, D, DE, D1, D1E shall have an administrative validity of 5 years; |
| (c) | The renewal of a driving licence may trigger a new administrative validity period for another category or categories the licence holder is entitled to drive, insofar as this is in conformity with the conditions laid down in this Directive; |
| (d) | The presence of a microchip pursuant to Article 1 shall not be a prerequisite for the validity of a driving licence. The loss or unreadability of the microchip, or any other damage thereto, shall not affect the validity of the document. |

2.

(a)

As from ... (8), licences issued by Member States for categories AM, A1, A2, A, B, B1 and BE shall have an administrative validity of 10 years.

A Member State may choose to issue such licences with an administrative validity of up to 15 years;

(b)

As from ... (8), licences issued by Member States for categories C, CE, C1, C1E, D, DE, D1, D1E shall have an administrative validity of 5 years;

(c)

The renewal of a driving licence may trigger a new administrative validity period for another category or categories the licence holder is entitled to drive, insofar as this is in conformity with the conditions laid down in this Directive;

(d)

The presence of a microchip pursuant to Article 1 shall not be a prerequisite for the validity of a driving licence. The loss or unreadability of the microchip, or any other damage thereto, shall not affect the validity of the document.

3.   The renewal of driving licences when their administrative validity expires shall be subject to:

| (a) | continuing compliance with the minimum standards of physical and mental fitness for driving set out in Annex III for driving licences in categories C, CE, C1, C1E, D, DE, D1, D1E; and |
| --- | --- |

(a)

continuing compliance with the minimum standards of physical and mental fitness for driving set out in Annex III for driving licences in categories C, CE, C1, C1E, D, DE, D1, D1E; and

| (b) | normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months. |
| --- | --- |

(b)

normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months.

Member States may, when renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III.

Member States may limit the period of administrative validity set out in paragraph 2 of driving licences issued to novice drivers for any category in order to apply specific measures to such drivers, aiming at improving road safety.

Member States may limit the period of administrative validity of the first licence issued to novice drivers for categories C and D to 3 years in order to be able to apply specific measures to such drivers, so as to improve their road safety.

Member States may limit the period of administrative validity set out in paragraph 2 of individual driving licences for any category in case it is found necessary to apply an increased frequency of medical checks or other specific measures such as restrictions for traffic offenders.

Member States may reduce the period of administrative validity set out in paragraph 2 of driving licences of holders residing on their territory having reached the age of 50 years in order to apply an increased frequency of medical checks or other specific measures such as refresher courses. This reduced period of administrative validity can only be applied upon renewing the driving licence.

4.   Without prejudice to national criminal and police laws, Member States may, after consulting the Commission, apply to the issuing of driving licences the provisions of their national rules relating to conditions other than those referred to in this Directive.

| 5. | (a) | No person may hold more than one driving licence; |
| --- | --- | --- |
| (b) | A Member State shall refuse to issue a licence where it establishes that the applicant already holds a driving licence; |
| (c) | Member States shall take the necessary measures pursuant to point (b). The necessary measures as regards the issue, replacement, renewal or exchange of a driving licence shall be to verify with other Member States where there are reasonable grounds to suspect that the applicant is already the holder of another driving licence; |
| (d) | In order to facilitate the checks pursuant to point (b), Member States shall use the EU driving licence network once it is operational. |

5.

(a)

No person may hold more than one driving licence;

(b)

A Member State shall refuse to issue a licence where it establishes that the applicant already holds a driving licence;

(c)

Member States shall take the necessary measures pursuant to point (b). The necessary measures as regards the issue, replacement, renewal or exchange of a driving licence shall be to verify with other Member States where there are reasonable grounds to suspect that the applicant is already the holder of another driving licence;

(d)

In order to facilitate the checks pursuant to point (b), Member States shall use the EU driving licence network once it is operational.

Without prejudice to Article 2, a Member State issuing a licence shall apply due diligence to ensure that a person fulfils the requirements set out in paragraph 1 of this Article and shall apply its national provisions on the cancellation or withdrawal of the right to drive if it is established that a licence has been issued without the requirements having been met.

Article 8

Adaptation to scientific and technical progress

The amendments necessary to adapt Annexes I to VI to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 9(2).

Article 9

Committee

1.   The Commission shall be assisted by the committee on driving licences, hereinafter referred to as ‘the Committee’.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be 3 months.

3.   The Committee shall adopt its Rules of Procedure.

Article 10

Examiners

From the entry into force of this Directive, driving examiners shall meet the minimum standards set out in Annex IV.

Driving examiners already working in that capacity before ... (8) shall be subject only to the requirements concerning quality assurance and regular periodic training measures.

Article 11

Various provisions concerning the exchange, the withdrawal, the replacement and the recognition of driving licences

1.   Where the holder of a valid national driving licence issued by a Member State has taken up normal residence in another Member State, he may request that his driving licence be exchanged for an equivalent licence. It shall be for the Member State effecting the exchange to check for which category the licence submitted is in fact still valid.

2.   Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose.

3.   The Member State effecting the exchange shall return the old licence to the authorities of the Member State which issued it and give the reasons for doing so.

4.   A Member State shall refuse to issue a driving licence to an applicant whose driving licence is restricted, suspended or withdrawn in another Member State.

A Member State shall refuse to recognise the validity of any driving licence issued by another Member State to a person whose driving licence is restricted, suspended or withdrawn in the former State's territory.

A Member State may also refuse to issue a driving licence to an applicant whose licence is cancelled in another Member State.

5.   A replacement for a driving licence which has, for example, been lost or stolen may only be obtained from the competent authorities of the Member State in which the holder has his normal residence; those authorities shall provide the replacement on the basis of the information in their possession or, where appropriate, proof from the competent authorities of the Member State which issued the original licence.

6.   Where a Member State exchanges a driving licence issued by a third country for a Community model driving licence, such exchange shall be recorded on the Community model driving licence as shall any subsequent renewal or replacement.

Such an exchange may occur only if the licence issued by the third country has been surrendered to the competent authorities of the Member State making the exchange. If the holder of this licence transfers his normal residence to another Member State, the latter need not apply the principle of mutual recognition set out in Article 2.

Article 12

Normal residence

For the purpose of this Directive, ‘normal residence’ means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.

Article 13

Equivalences between non-Community model licences

1.   With the agreement of the Commission, Member States shall establish equivalences between entitlements obtained before the implementation of this Directive and the categories defined in Article 4.

After consulting the Commission, Member States may make to their national legislation such adjustments as are necessary for the purpose of implementing the provisions of Article 11(4), (5) and (6).

2.   Any entitlement to drive granted before ... (8) shall not be removed or in any way qualified by the provisions of this Directive.

Article 14

Review

The Commission shall report on the implementation of this Directive, including its impact on road safety, not earlier than ... (9).

Article 15

Mutual Assistance

Member States shall assist one another in the implementation of this Directive and shall exchange information on the licences they have issued, exchanged, replaced, renewed or revoked. They shall use the EU driving licence network set up for these purposes, once this network is operational.

Article 16

Transposition

1.   Member States shall adopt and publish, not later than ... (10), the laws, regulations and administrative provisions necessary to comply with Article 1(1), Article 3, Article 4(1), (2), (3) and (4)(b) to (k), Article 6(1), (2)(a), (c), (d) and (e), Article 7(1)(b), (c) and (d), (2), (3) and (5), Article 8, Article 10, Article 13, Article 14, Article 15, and Annexes I, point 2, II, point 5.2 concerning categories A1, A2 and A, IV, V and VI. They shall forthwith communicate to the Commission the text of those provisions.

2.   They shall apply those provisions as from ... (8).

3.   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. They shall also contain an indication that references made, in the laws, regulations or administrative provisions in force, to the repealed Directive shall be construed as being made to this Directive. The methods of making such reference, and its wording, shall be laid down by Member States.

4.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 17

Repeal

Directive 91/439/EEC shall be repealed with effect from ... (8), without prejudice to the obligations of the Member States with regard to the deadlines indicated in Annex VII, Part B for transposing that Directive into national law.

Article 2(4) of Directive 91/439/EEC shall be repealed on ... (11).

References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex VIII.

Article 18

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 2(1), Article 5, Article 6(2)(b), Article 7(1)(a), Article 9, Article 11(1), (3), (4), (5) and (6), Article 12, and Annexes I, II and III shall apply from ... (12).

Article 19

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 112, 30.4.2004, p. 34.

1

(2)  Opinion of the European Parliament of 23 February 2005 (OJ C 304 E, 1.12.2005, p. 202), Council Common Position of 18 September 2006 and Position of the European Parliament of ... (not yet published in the Official Journal) .

2

(3)  OJ L 237, 24.8.1991, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

3

(4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

4

(5)  26 years after the date of entry into force of this Directive.

5

(6)  OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive 2005/30/EC (OJ L 106, 27.4.2005, p. 17).

6

(7)  OJ L 226, 10.9.2003, p. 4. Directive as amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

7

(8)  Six years after the date of entry into force of this Directive.

8

(9)  Eleven years after the date of entry into force of this Directive.

9

(10)  Four years after the date of entry into force of this Directive.

10

(11)  Date of entry into force of this Directive.

11

(12)  Two years after the date of entry into force of this Directive.

12

---

ANNEX I

PROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

| 1. | The physical characteristics of the card of the Community model driving licence shall be in accordance with ISO 7810 and ISO 7816-1.
  The card shall be made of polycarbonate.
  Methods for testing the characteristics of driving licences for the purpose of confirming their compliance with the international standards shall be in accordance with ISO 10373. |
| --- | --- |

1.

The physical characteristics of the card of the Community model driving licence shall be in accordance with ISO 7810 and ISO 7816-1.

The card shall be made of polycarbonate.

Methods for testing the characteristics of driving licences for the purpose of confirming their compliance with the international standards shall be in accordance with ISO 10373.

| 2. | Physical security of driving licences
  The threats to the physical security of driving licences are:






  — | production of false cards: creating a new object which bears great resemblance to the document, either by making it from scratch or by copying an original document, |
| --- | --- | --- |

2.

Physical security of driving licences

The threats to the physical security of driving licences are:

—

production of false cards: creating a new object which bears great resemblance to the document, either by making it from scratch or by copying an original document,

| — | material alteration: changing a property of an original document, e.g. modifying some of the data printed on the document; |
| --- | --- |

—

material alteration: changing a property of an original document, e.g. modifying some of the data printed on the document;

The overall security lies in the system in its entirety, consisting of the application process, the transmission of data, the card body material, the printing technique, a minimum set of different security features and the personalisation process.

| (a) | The material used for driving licences shall be made secure against forgery by using the following techniques (mandatory security features):






  — | card bodies shall be UV dull, |
| --- | --- | --- |

(a)

The material used for driving licences shall be made secure against forgery by using the following techniques (mandatory security features):

—

card bodies shall be UV dull,

| — | a security background pattern designed to be resistant to counterfeit by scanning, printing or copying, using rainbow printing with multicolour security inks and positive and negative guilloche printing. The pattern shall not be composed of the primary colours (CMYK), shall contain complex pattern designs in a minimum of two special colours and shall include micro lettering, |
| --- | --- |

—

a security background pattern designed to be resistant to counterfeit by scanning, printing or copying, using rainbow printing with multicolour security inks and positive and negative guilloche printing. The pattern shall not be composed of the primary colours (CMYK), shall contain complex pattern designs in a minimum of two special colours and shall include micro lettering,

| — | optical variable elements providing adequate protection against copying and tampering of the photograph, |
| --- | --- |

—

optical variable elements providing adequate protection against copying and tampering of the photograph,

| — | laser engraving, |
| --- | --- |

—

laser engraving,

| — | in the area of the photograph the security design background and photograph should overlap on at least its border (weakening pattern). |
| --- | --- |

—

in the area of the photograph the security design background and photograph should overlap on at least its border (weakening pattern).

| (b) | In addition, the material used for driving licences shall be made secure against forgery by using at least three of the following techniques (additional security features):






  — | colour-shifting inks*, |
| --- | --- | --- |

(b)

In addition, the material used for driving licences shall be made secure against forgery by using at least three of the following techniques (additional security features):

—

colour-shifting inks*,

| — | termochromic ink*, |
| --- | --- |

—

termochromic ink*,

| — | custom holograms*, |
| --- | --- |

—

custom holograms*,

| — | variable laser images*, |
| --- | --- |

—

variable laser images*,

| — | ultraviolet fluorescent ink, visible and transparent, |
| --- | --- |

—

ultraviolet fluorescent ink, visible and transparent,

| — | iridescent printing, |
| --- | --- |

—

iridescent printing,

| — | digital watermark in the background, |
| --- | --- |

—

digital watermark in the background,

| — | infrared or phosphorescent pigments, |
| --- | --- |

—

infrared or phosphorescent pigments,

| — | tactile characters, symbols or patterns*. |
| --- | --- |

—

tactile characters, symbols or patterns*.

| (c) | Member States are free to introduce additional security features. As a basis, the techniques indicated with an asterisk are to be preferred as they enable the law enforcement officers to check the validity of the card without any special means. |
| --- | --- |

(c)

Member States are free to introduce additional security features. As a basis, the techniques indicated with an asterisk are to be preferred as they enable the law enforcement officers to check the validity of the card without any special means.

| 3. | The licence shall have two sides.
  Page 1 shall contain:






  (a) | the words ‘Driving Licence’ printed in large type in the language or languages of the Member State issuing the licence; |
| --- | --- | --- |

3.

The licence shall have two sides.

Page 1 shall contain:

(a)

the words ‘Driving Licence’ printed in large type in the language or languages of the Member State issuing the licence;

| (b) | the name of the Member State issuing the licence (optional); |
| --- | --- |

(b)

the name of the Member State issuing the licence (optional);

| (c) | the distinguishing sign of the Member State issuing the licence, printed in negative in a blue rectangle and encircled by twelve yellow stars; the distinguishing signs shall be as follows:







  B | : | Belgium |
| --- | --- | --- | --- |
| CZ | : | Czech Republic |
| DK | : | Denmark |
| D | : | Germany |
| EST | : | Estonia |
| GR | : | Greece |
| E | : | Spain |
| F | : | France |
| IRL | : | Ireland |
| I | : | Italy |
| CY | : | Cyprus |
| LV | : | Latvia |
| LT | : | Lithuania |
| L | : | Luxembourg |
| H | : | Hungary |
| M | : | Malta |
| NL | : | The Netherlands |
| A | : | Austria |
| PL | : | Poland |
| P | : | Portugal |
| SLO | : | Slovenia |
| SK | : | Slovakia |
| FIN | : | Finland |
| S | : | Sweden |
| UK | : | The United Kingdom; |

(c)

the distinguishing sign of the Member State issuing the licence, printed in negative in a blue rectangle and encircled by twelve yellow stars; the distinguishing signs shall be as follows:

B

:

Belgium

CZ

:

Czech Republic

DK

:

Denmark

D

:

Germany

EST

:

Estonia

GR

:

Greece

E

:

Spain

F

:

France

IRL

:

Ireland

I

:

Italy

CY

:

Cyprus

LV

:

Latvia

LT

:

Lithuania

L

:

Luxembourg

H

:

Hungary

M

:

Malta

NL

:

The Netherlands

A

:

Austria

PL

:

Poland

P

:

Portugal

SLO

:

Slovenia

SK

:

Slovakia

FIN

:

Finland

S

:

Sweden

UK

:

The United Kingdom;

| (d) | information specific to the licence issued, numbered as follows:






  1. | surname of the holder; |
| --- | --- | --- |

(d)

information specific to the licence issued, numbered as follows:

1.

surname of the holder;

| 2. | other name(s) of the holder; |
| --- | --- |

2.

other name(s) of the holder;

| 3. | date and place of birth; |
| --- | --- |

3.

date and place of birth;

| 4. | (a) | date of issue of the licence; |
| --- | --- | --- |

4.

(a)

date of issue of the licence;

| (b) | date of expiry of the licence or a dash if the licence is valid indefinitely under the provision of Article 7(2)(c); |
| --- | --- |

(b)

date of expiry of the licence or a dash if the licence is valid indefinitely under the provision of Article 7(2)(c);

| (c) | the name of the issuing authority (may be printed on page 2); |
| --- | --- |

(c)

the name of the issuing authority (may be printed on page 2);

| (d) | a different number from the one under heading 5, for administrative purposes (optional); |
| --- | --- |

(d)

a different number from the one under heading 5, for administrative purposes (optional);

| 5. | number of the licence; |
| --- | --- |

5.

number of the licence;

| 6. | photograph of the holder; |
| --- | --- |

6.

photograph of the holder;

| 7. | signature of the holder; |
| --- | --- |

7.

signature of the holder;

| 8. | permanent place of residence, or postal address (optional); |
| --- | --- |

8.

permanent place of residence, or postal address (optional);

| 9. | category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories); |
| --- | --- |

9.

category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories);

| (e) | the words ‘European Communities model’ in the language(s) of the Member State issuing the licence and the words ‘Driving Licence’ in the other languages of the Community, printed in pink to form the background of the licence: | Permiso de Conducción |
| --- | --- | --- |

(e)

the words ‘European Communities model’ in the language(s) of the Member State issuing the licence and the words ‘Driving Licence’ in the other languages of the Community, printed in pink to form the background of the licence:

Permiso de Conducción

| | Řidičský průkaz |
| --- | --- |

Řidičský průkaz

| | Kørekort |
| --- | --- |

Kørekort

| | Führerschein |
| --- | --- |

Führerschein

| | Juhiluba |
| --- | --- |

Juhiluba

| | Άδεια Οδήγησης |
| --- | --- |

Άδεια Οδήγησης

| | Driving Licence |
| --- | --- |

Driving Licence

| | Permis de conduire |
| --- | --- |

Permis de conduire

| | Ceadúas Tiomána |
| --- | --- |

Ceadúas Tiomána

| | Patente di guida |
| --- | --- |

Patente di guida

| | Vadītāja apliecība |
| --- | --- |

Vadītāja apliecība

| | Vairuotojo pažymėjimas |
| --- | --- |

Vairuotojo pažymėjimas

| | Vezetői engedély |
| --- | --- |

Vezetői engedély

| | Liċenzja tas-Sewqan |
| --- | --- |

Liċenzja tas-Sewqan

| | Rijbewijs |
| --- | --- |

Rijbewijs

| | Prawo Jazdy |
| --- | --- |

Prawo Jazdy

| | Carta de Condução |
| --- | --- |

Carta de Condução

| | Vodičský preukaz |
| --- | --- |

Vodičský preukaz

| | Vozniško dovoljenje |
| --- | --- |

Vozniško dovoljenje

| | Ajokortti |
| --- | --- |

Ajokortti

| | Körkort; |
| --- | --- |

Körkort;

| (f) | Colour references:






  — | blue: Pantone Reflex Blue, |
| --- | --- | --- |

(f)

Colour references:

—

blue: Pantone Reflex Blue,

| — | yellow: Pantone Yellow. |
| --- | --- |

—

yellow: Pantone Yellow.

Page 2 shall contain:

| (a) | 9. | category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories); |
| --- | --- | --- |

(a)

9.

category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories);

| 10. | date of first issue of each category (this date must be repeated on the new licence in the event of subsequent replacement or exchange); |
| --- | --- |

10.

date of first issue of each category (this date must be repeated on the new licence in the event of subsequent replacement or exchange);

| 11. | date of expiry of each category; |
| --- | --- |

11.

date of expiry of each category;

| 12. | additional information/restriction(s), in code form, facing the (sub)category affected. |
| --- | --- |

12.

additional information/restriction(s), in code form, facing the (sub)category affected.

The codes shall be as follows:

| — | codes 01 to 99 | : | harmonised Community codes |
| --- | --- | --- | --- |

—

codes 01 to 99

:

harmonised Community codes

DRIVER (Medical reasons)

| 01. | Sight correction and/or protection






  01.01 | Glasses |
| --- | --- | --- |

01.

Sight correction and/or protection

01.01

Glasses

| 01.02 | Contact lense(s) |
| --- | --- |

01.02

Contact lense(s)

| 01.03 | Protective glass |
| --- | --- |

01.03

Protective glass

| 01.04 | Opaque lense |
| --- | --- |

01.04

Opaque lense

| 01.05 | Eye cover |
| --- | --- |

01.05

Eye cover

| 01.06 | Glasses or contact lenses |
| --- | --- |

01.06

Glasses or contact lenses

| 02. | Hearing aid/communication aid






  02.01 | Hearing aid for one ear |
| --- | --- | --- |

02.

Hearing aid/communication aid

02.01

Hearing aid for one ear

| 02.02 | Hearing aid for two ears |
| --- | --- |

02.02

Hearing aid for two ears

| 03. | Prosthesis/orthosis for the limbs






  03.01 | Upper limb prosthesis/orthosis |
| --- | --- | --- |

03.

Prosthesis/orthosis for the limbs

03.01

Upper limb prosthesis/orthosis

| 03.02 | Lower limb prosthesis/orthosis |
| --- | --- |

03.02

Lower limb prosthesis/orthosis

| 05. | Limited use (subcode use obligatory, driving subject to restrictions for medical reasons)






  05.01 | Limited to day time journeys (for example: one hour after sunrise and one hour before sunset) |
| --- | --- | --- |

05.

Limited use (subcode use obligatory, driving subject to restrictions for medical reasons)

05.01

Limited to day time journeys (for example: one hour after sunrise and one hour before sunset)

| 05.02 | Limited to journeys within a radius of ... km from holder's place of residence or only inside city/region |
| --- | --- |

05.02

Limited to journeys within a radius of ... km from holder's place of residence or only inside city/region

| 05.03 | Driving without passengers |
| --- | --- |

05.03

Driving without passengers

| 05.04 | Limited to journeys with a speed not greater than ... km/h |
| --- | --- |

05.04

Limited to journeys with a speed not greater than ... km/h

| 05.05 | Driving authorised solely when accompanied by a holder of a driving licence |
| --- | --- |

05.05

Driving authorised solely when accompanied by a holder of a driving licence

| 05.06 | Without trailer |
| --- | --- |

05.06

Without trailer

| 05.07 | No driving on motorways |
| --- | --- |

05.07

No driving on motorways

| 05.08 | No alcohol |
| --- | --- |

05.08

No alcohol

VEHICLE ADAPTATIONS

| 10. | Modified transmission






  10.01 | Manual transmission |
| --- | --- | --- |

10.

Modified transmission

10.01

Manual transmission

| 10.02 | Automatic transmission |
| --- | --- |

10.02

Automatic transmission

| 10.03 | Electronically operated transmission |
| --- | --- |

10.03

Electronically operated transmission

| 10.04 | Adjusted gear-shift lever |
| --- | --- |

10.04

Adjusted gear-shift lever

| 10.05 | Without secondary gearbox |
| --- | --- |

10.05

Without secondary gearbox

| 15. | Modified clutch






  15.01 | Adjusted gear-shift lever |
| --- | --- | --- |

15.

Modified clutch

15.01

Adjusted gear-shift lever

| 15.02 | Manual clutch |
| --- | --- |

15.02

Manual clutch

| 15.03 | Automatic clutch |
| --- | --- |

15.03

Automatic clutch

| 15.04 | Partitioning in front of/fold away/detached clutch pedal |
| --- | --- |

15.04

Partitioning in front of/fold away/detached clutch pedal

| 20. | Modified braking systems






  20.01 | Adjusted brake pedal |
| --- | --- | --- |

20.

Modified braking systems

20.01

Adjusted brake pedal

| 20.02 | Enlarged brake pedal |
| --- | --- |

20.02

Enlarged brake pedal

| 20.03 | Brake pedal suitable for use by left foot |
| --- | --- |

20.03

Brake pedal suitable for use by left foot

| 20.04 | Brake pedal by sole |
| --- | --- |

20.04

Brake pedal by sole

| 20.05 | Tilted brake pedal |
| --- | --- |

20.05

Tilted brake pedal

| 20.06 | Manual (adapted) service brake |
| --- | --- |

20.06

Manual (adapted) service brake

| 20.07 | Maximum use of reinforced service brake |
| --- | --- |

20.07

Maximum use of reinforced service brake

| 20.08 | Maximum use of emergency brake integrated in the service brake |
| --- | --- |

20.08

Maximum use of emergency brake integrated in the service brake

| 20.09 | Adjusted parking brake |
| --- | --- |

20.09

Adjusted parking brake

| 20.10 | Electrically operated parking brake |
| --- | --- |

20.10

Electrically operated parking brake

| 20.11 | (Adjusted) foot operated parking brake |
| --- | --- |

20.11

(Adjusted) foot operated parking brake

| 20.12 | Partitioning in front of/fold away/detached brake pedal |
| --- | --- |

20.12

Partitioning in front of/fold away/detached brake pedal

| 20.13 | Brake operated by knee |
| --- | --- |

20.13

Brake operated by knee

| 20.14 | Electrically operated service brake |
| --- | --- |

20.14

Electrically operated service brake

| 25. | Modified accelerator systems






  25.01 | Adjusted accelerator pedal |
| --- | --- | --- |

25.

Modified accelerator systems

25.01

Adjusted accelerator pedal

| 25.02 | Accelerator pedal by sole |
| --- | --- |

25.02

Accelerator pedal by sole

| 25.03 | Tilted accelerator pedal |
| --- | --- |

25.03

Tilted accelerator pedal

| 25.04 | Manual accelerator |
| --- | --- |

25.04

Manual accelerator

| 25.05 | Accelerator at knee |
| --- | --- |

25.05

Accelerator at knee

| 25.06 | Servo accelerator (electronic, pneumatic, etc.) |
| --- | --- |

25.06

Servo accelerator (electronic, pneumatic, etc.)

| 25.07 | Accelerator pedal on the left of brake pedal |
| --- | --- |

25.07

Accelerator pedal on the left of brake pedal

| 25.08 | Accelerator pedal on the left |
| --- | --- |

25.08

Accelerator pedal on the left

| 25.09 | Partitioning in front of/fold away/detached accelerator pedal |
| --- | --- |

25.09

Partitioning in front of/fold away/detached accelerator pedal

| 30. | Modified combined braking and accelerator systems






  30.01 | Parallel pedals |
| --- | --- | --- |

30.

Modified combined braking and accelerator systems

30.01

Parallel pedals

| 30.02 | Pedals at (or almost at) the same level |
| --- | --- |

30.02

Pedals at (or almost at) the same level

| 30.03 | Accelerator and brake with sliding |
| --- | --- |

30.03

Accelerator and brake with sliding

| 30.04 | Accelerator and brake with sliding and orthesis |
| --- | --- |

30.04

Accelerator and brake with sliding and orthesis

| 30.05 | Fold away/detached accelerator and brake pedals |
| --- | --- |

30.05

Fold away/detached accelerator and brake pedals

| 30.06 | Raised floor |
| --- | --- |

30.06

Raised floor

| 30.07 | Partitioning on the side of the brake pedal |
| --- | --- |

30.07

Partitioning on the side of the brake pedal

| 30.08 | Partitioning for prosthesis on the side of the brake pedal |
| --- | --- |

30.08

Partitioning for prosthesis on the side of the brake pedal

| 30.09 | Partitioning in front of the accelerator and brake pedals |
| --- | --- |

30.09

Partitioning in front of the accelerator and brake pedals

| 30.10 | Heel/leg support |
| --- | --- |

30.10

Heel/leg support

| 30.11 | Electrically operated accelerator and brake |
| --- | --- |

30.11

Electrically operated accelerator and brake

| 35. | Modified control layouts
  (Lights switches, windscreen wiper/washer, horn, direction indicators, etc.)






  35.01 | Control devices operable without negative influence on the steering and handling |
| --- | --- | --- |

35.

Modified control layouts

(Lights switches, windscreen wiper/washer, horn, direction indicators, etc.)

35.01

Control devices operable without negative influence on the steering and handling

| 35.02 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) |
| --- | --- |

35.02

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.)

| 35.03 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the left hand |
| --- | --- |

35.03

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the left hand

| 35.04 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the right hand |
| --- | --- |

35.04

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the right hand

| 35.05 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) and the combined accelerator and braking mechanismss |
| --- | --- |

35.05

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) and the combined accelerator and braking mechanismss

| 40. | Modified steering






  40.01 | Standard assisted steering |
| --- | --- | --- |

40.

Modified steering

40.01

Standard assisted steering

| 40.02 | Reinforced assisted steering |
| --- | --- |

40.02

Reinforced assisted steering

| 40.03 | Steering with backup system |
| --- | --- |

40.03

Steering with backup system

| 40.04 | Lengthened steering column |
| --- | --- |

40.04

Lengthened steering column

| 40.05 | Adjusted steering wheel (Larger and/or thicker steering wheel section, reduced diameter steering wheel, etc.) |
| --- | --- |

40.05

Adjusted steering wheel (Larger and/or thicker steering wheel section, reduced diameter steering wheel, etc.)

| 40.06 | Tilted steering wheel |
| --- | --- |

40.06

Tilted steering wheel

| 40.07 | Vertical steering wheel |
| --- | --- |

40.07

Vertical steering wheel

| 40.08 | Horizontal steering wheel |
| --- | --- |

40.08

Horizontal steering wheel

| 40.09 | Foot operated driving |
| --- | --- |

40.09

Foot operated driving

| 40.10 | Alternative adjusted steering (joy-stick, etc.) |
| --- | --- |

40.10

Alternative adjusted steering (joy-stick, etc.)

| 40.11 | Knob on the steering wheel |
| --- | --- |

40.11

Knob on the steering wheel

| 40.12 | Hand orthesis on the steering wheel |
| --- | --- |

40.12

Hand orthesis on the steering wheel

| 40.13 | With orthesis tenodese |
| --- | --- |

40.13

With orthesis tenodese

| 42. | Modified rearview mirror(s)






  42.01 | External (left or) right-side rear-view mirror |
| --- | --- | --- |

42.

Modified rearview mirror(s)

42.01

External (left or) right-side rear-view mirror

| 42.02 | External rear-view mirror set on the wing |
| --- | --- |

42.02

External rear-view mirror set on the wing

| 42.03 | Additional inside rear-view mirror permitting view of traffic |
| --- | --- |

42.03

Additional inside rear-view mirror permitting view of traffic

| 42.04 | Panoramic inside rear-view mirror |
| --- | --- |

42.04

Panoramic inside rear-view mirror

| 42.05 | Blind spot rear-view mirror |
| --- | --- |

42.05

Blind spot rear-view mirror

| 42.06 | Electrically operated outside rear-view mirror(s) |
| --- | --- |

42.06

Electrically operated outside rear-view mirror(s)

| 43. | Modified driver seat






  43.01 | Driver seat at a good viewing height and in normal distance from the steering wheel and the pedal |
| --- | --- | --- |

43.

Modified driver seat

43.01

Driver seat at a good viewing height and in normal distance from the steering wheel and the pedal

| 43.02 | Driver seat adjusted to body shape |
| --- | --- |

43.02

Driver seat adjusted to body shape

| 43.03 | Driver seat with lateral support for good sitting stability |
| --- | --- |

43.03

Driver seat with lateral support for good sitting stability

| 43.04 | Driver seat with armrest |
| --- | --- |

43.04

Driver seat with armrest

| 43.05 | Lengthening of sliding driver's seat |
| --- | --- |

43.05

Lengthening of sliding driver's seat

| 43.06 | Seat-belt adjustment |
| --- | --- |

43.06

Seat-belt adjustment

| 43.07 | Harness-type seat-belt |
| --- | --- |

43.07

Harness-type seat-belt

| 44. | Modifications to motorcycles (subcode use obligatory)






  44.01 | Single operated brake |
| --- | --- | --- |

44.

Modifications to motorcycles (subcode use obligatory)

44.01

Single operated brake

| 44.02 | (Adjusted) hand operated brake (front wheel) |
| --- | --- |

44.02

(Adjusted) hand operated brake (front wheel)

| 44.03 | (Adjusted) foot operated brake (back wheel) |
| --- | --- |

44.03

(Adjusted) foot operated brake (back wheel)

| 44.04 | (Adjusted) accelerator handle |
| --- | --- |

44.04

(Adjusted) accelerator handle

| 44.05 | (Adjusted) manual transmission and manual clutch |
| --- | --- |

44.05

(Adjusted) manual transmission and manual clutch

| 44.06 | (Adjusted) rear-view mirror(s) |
| --- | --- |

44.06

(Adjusted) rear-view mirror(s)

| 44.07 | (Adjusted) commands (direction indicators, braking light, ...) |
| --- | --- |

44.07

(Adjusted) commands (direction indicators, braking light, ...)

| 44.08 | Seat height allowing the driver, in sitting position, to have two feet on the road at the same time |
| --- | --- |

44.08

Seat height allowing the driver, in sitting position, to have two feet on the road at the same time

| 45. | Motorcycle with side-car only |
| --- | --- |

45.

Motorcycle with side-car only

| 50. | Restricted to a specific vehicle/chassis number (vehicle identification number, VIN) |
| --- | --- |

50.

Restricted to a specific vehicle/chassis number (vehicle identification number, VIN)

| 51. | Restricted to a specific vehicle/registration plate (vehicle registration number, VRN) |
| --- | --- |

51.

Restricted to a specific vehicle/registration plate (vehicle registration number, VRN)

ADMINISTRATIVE MATTERS

| 70. | Exchange of licence No ... issued by ... (EU/UN distinguishing sign in the case of a third country; e.g: 70.0123456789.NL) |
| --- | --- |

70.

Exchange of licence No ... issued by ... (EU/UN distinguishing sign in the case of a third country; e.g: 70.0123456789.NL)

| 71. | Duplicate of licence No ... (EU/UN distinguishing sign in the case of a third country; e.g: 71.987654321.HR) |
| --- | --- |

71.

Duplicate of licence No ... (EU/UN distinguishing sign in the case of a third country; e.g: 71.987654321.HR)

| 72. | Restricted to category A vehicles having a maximum cylinder capacity of 125 cc and maximum power of 11 KW (A1) |
| --- | --- |

72.

Restricted to category A vehicles having a maximum cylinder capacity of 125 cc and maximum power of 11 KW (A1)

| 73. | Restricted to category B vehicles of the motor tricycle or quadricycle type (B1) |
| --- | --- |

73.

Restricted to category B vehicles of the motor tricycle or quadricycle type (B1)

| 74. | Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1) |
| --- | --- |

74.

Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1)

| 75. | Restricted to category D vehicles with not more than 16 seats, excluding the driver's seat (D1) |
| --- | --- |

75.

Restricted to category D vehicles with not more than 16 seats, excluding the driver's seat (D1)

| 76. | Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1), attached to a trailer the maximum authorised mass of which exceeds 750 kg, provided that the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg, and that the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle (C1E) |
| --- | --- |

76.

Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1), attached to a trailer the maximum authorised mass of which exceeds 750 kg, provided that the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg, and that the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle (C1E)

| 77. | Restricted to category D vehicles with not more than 16 passenger seats, excluding the driver's seat (D1), attached to a trailer the maximum authorised mass of which exceeds 750 kg provided that (a) the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg and the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1E) |
| --- | --- |

77.

Restricted to category D vehicles with not more than 16 passenger seats, excluding the driver's seat (D1), attached to a trailer the maximum authorised mass of which exceeds 750 kg provided that (a) the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg and the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1E)

| 78. | Restricted to vehicles with automatic transmission |
| --- | --- |

78.

Restricted to vehicles with automatic transmission

| 79. | (...) Restricted to vehicles which comply with the specifications indicated in brackets, in the context of the application of Article 10(1) of Directive 91/439/EEC







  90.01 | : | to the left |
| --- | --- | --- | --- |
| 90.02 | : | to the right |
| 90.03 | : | left |
| 90.04 | : | right |
| 90.05 | : | hand |
| 90.06 | : | foot |
| 90.07 | : | usable |

79.

(...) Restricted to vehicles which comply with the specifications indicated in brackets, in the context of the application of Article 10(1) of Directive 91/439/EEC

90.01

:

to the left

90.02

:

to the right

90.03

:

left

90.04

:

right

90.05

:

hand

90.06

:

foot

90.07

:

usable

| 95. | Driver holding CPC meeting the obligation of professional aptitude provided for by Directive 2003/59/EC until ... [e.g.: 95.01.01.2012] |
| --- | --- |

95.

Driver holding CPC meeting the obligation of professional aptitude provided for by Directive 2003/59/EC until ... [e.g.: 95.01.01.2012]

| 96. | Driver having completed training or having passed a test of skills and behaviour in accordance with the provisions of Annex V. |
| --- | --- |

96.

Driver having completed training or having passed a test of skills and behaviour in accordance with the provisions of Annex V.

| — | codes 100 and above: | : | national codes valid only for driving in the territory of the Member State which issued the licence. |
| --- | --- | --- | --- |

—

codes 100 and above:

:

national codes valid only for driving in the territory of the Member State which issued the licence.

Where a code applies to all categories for which the licence is issued, it may be printed under headings 9, 10 and 11;

| 13. | in implementation of section 4(a) of this Annex, a space reserved for the possible entry by the host Member State of information essential for administering the licence; |
| --- | --- |

13.

in implementation of section 4(a) of this Annex, a space reserved for the possible entry by the host Member State of information essential for administering the licence;

| 14. | a space reserved for the possible entry by the Member State which issues the licence of information essential for administering the licence or related to road safety (optional). If the information relates to one of the headings defined in this Annex, it should be preceded by the number of the heading in question.
  With the specific written agreement of the holder, information which is not related to the administration of the driving licence or road safety may also be added in this space; such addition shall not alter in any way the use of the model as a driving licence; |
| --- | --- |

14.

a space reserved for the possible entry by the Member State which issues the licence of information essential for administering the licence or related to road safety (optional). If the information relates to one of the headings defined in this Annex, it should be preceded by the number of the heading in question.

With the specific written agreement of the holder, information which is not related to the administration of the driving licence or road safety may also be added in this space; such addition shall not alter in any way the use of the model as a driving licence;

| (b) | an explanation of the numbered items which appear on pages 1 and 2 of the licence (at least items 1, 2, 3, 4 (a), 4 (b), 4 (c), 5, 10, 11 and 12)
  If a Member State wishes to make the entries in a national language other than one of the following languages: Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish or Swedish, it shall draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex; |
| --- | --- |

(b)

an explanation of the numbered items which appear on pages 1 and 2 of the licence (at least items 1, 2, 3, 4 (a), 4 (b), 4 (c), 5, 10, 11 and 12)

If a Member State wishes to make the entries in a national language other than one of the following languages: Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish or Swedish, it shall draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex;

| (c) | a space shall be reserved on the Community model licence to allow for the possible introduction of a microchip or similar computer device. |
| --- | --- |

(c)

a space shall be reserved on the Community model licence to allow for the possible introduction of a microchip or similar computer device.

4.   Special provisions

| (a) | Where the holder of a driving licence issued by a Member State in accordance with this Annex has his normal place of residence in another Member State, that Member State may enter in the licence such information as is essential for administering it, provided that it also enters this type of information in the licences which it issues and provided that there remains enough space for the purpose. |
| --- | --- |

(a)

Where the holder of a driving licence issued by a Member State in accordance with this Annex has his normal place of residence in another Member State, that Member State may enter in the licence such information as is essential for administering it, provided that it also enters this type of information in the licences which it issues and provided that there remains enough space for the purpose.

| (b) | After consulting the Commission, Member States may add colours or markings, such as bar codes and national symbols, without prejudice to the other provisions of this Annex.
  In the context of mutual recognition of licences, the bar code may not contain information other than what can already be read on the driving licence or which is essential to the process of issuing the licence. |
| --- | --- |

(b)

After consulting the Commission, Member States may add colours or markings, such as bar codes and national symbols, without prejudice to the other provisions of this Annex.

In the context of mutual recognition of licences, the bar code may not contain information other than what can already be read on the driving licence or which is essential to the process of issuing the licence.

COMMUNITY MODEL DRIVING LICENCE

Page 1   DRIVING LICENCE [MEMBER STATE]

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| Page 2 | 1. Name 2. First name 3. Date and place of birth 4a. Date of issue of driving licence 4b. Official date of expiry 4c. Issued by 5. Serial number of licence 8. Place of residence 9. Category (1) 10. Date of issue, by category 11. Date of expiry, by category 12. Restrictions |
| --- | --- |

Page 2

1. Name 2. First name 3. Date and place of birth 4a. Date of issue of driving licence 4b. Official date of expiry 4c. Issued by 5. Serial number of licence 8. Place of residence 9. Category (1) 10. Date of issue, by category 11. Date of expiry, by category 12. Restrictions

Image

SPECIMEN MODEL LICENCE

BELGIAN LICENCE (for information)

Image

Image

---

(1)

Note: a pictogram and a line for category AM will be added.

Note: the term ‘A2’ will be added to the section on motorcycle categories.

---

ANNEX II

I.   MINIMUM REQUIREMENTS FOR DRIVING TESTS

Member States shall take the necessary measures to ensure that applicants for driving licences possess the knowledge and skills and exhibit the behaviour required for driving a motor vehicle. The tests introduced to this effect must consist of:

| — | a theory test, and then |
| --- | --- |

—

a theory test, and then

| — | a test of skills and behaviour. |
| --- | --- |

—

a test of skills and behaviour.

The conditions under which these tests shall be conducted are set out below.

A.   THEORY TEST

1.   Form

The form chosen shall be such as to make sure that the applicant has the required knowledge of the subjects listed on points 2, 3 and 4.

Any applicant for a licence in one category who has passed a theory test for a licence in a different category may be exempt from the common provisions of points 2, 3 and 4.

2.   Content of the theory test concerning all vehicle categories

| 2.1. | Questions must be asked on each of the points listed below, the content and form of the questions being left to the discretion of each Member State:






  2.1.1. | Road traffic regulations:






  — | in particular as regards road signs, markings and signals, rights of way and speed limits; |
| --- | --- | --- | --- |

2.1.

Questions must be asked on each of the points listed below, the content and form of the questions being left to the discretion of each Member State:

2.1.1.

Road traffic regulations:

—

in particular as regards road signs, markings and signals, rights of way and speed limits;

| 2.1.2. | The driver:






  — | importance of alertness and of attitude to other road users, |
| --- | --- | --- |

2.1.2.

The driver:

—

importance of alertness and of attitude to other road users,

| — | perception, judgement and decision-taking, especially reaction time, as well as changes in driving behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue; |
| --- | --- |

—

perception, judgement and decision-taking, especially reaction time, as well as changes in driving behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue;

| 2.1.3. | The road:






  — | the most important principles concerning the observance of a safe distance between vehicles, braking distances and road holding under various weather and road conditions, |
| --- | --- | --- |

2.1.3.

The road:

—

the most important principles concerning the observance of a safe distance between vehicles, braking distances and road holding under various weather and road conditions,

| — | driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night, |
| --- | --- |

—

driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night,

| — | characteristics of various types of road and the related statutory requirements; |
| --- | --- |

—

characteristics of various types of road and the related statutory requirements;

| 2.1.4. | Other road users:






  — | specific risk factors related to the lack of experience of other road users and the most vulnerable categories of users such as children, pedestrians, cyclists and people whose mobility is reduced, |
| --- | --- | --- |

2.1.4.

Other road users:

—

specific risk factors related to the lack of experience of other road users and the most vulnerable categories of users such as children, pedestrians, cyclists and people whose mobility is reduced,

| — | risks involved in the movement and driving of various types of vehicles and of the different fields of view of their drivers; |
| --- | --- |

—

risks involved in the movement and driving of various types of vehicles and of the different fields of view of their drivers;

| 2.1.5. | General rules and regulations and other matters:






  — | rules concerning the administrative documents required for the use of vehicles, |
| --- | --- | --- |

2.1.5.

General rules and regulations and other matters:

—

rules concerning the administrative documents required for the use of vehicles,

| — | general rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessary, |
| --- | --- |

—

general rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessary,

| — | safety factors relating to the vehicle, the load and persons carried; |
| --- | --- |

—

safety factors relating to the vehicle, the load and persons carried;

| 2.1.6. | Precautions necessary when alighting from the vehicle; |
| --- | --- |

2.1.6.

Precautions necessary when alighting from the vehicle;

| 2.1.7. | Mechanical aspects with a bearing on road safety; applicants must be able to detect the most common faults, in particular in the steering, suspension and braking systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, windscreen and wipers, the exhaust system, seat-belts and the audible warning device; |
| --- | --- |

2.1.7.

Mechanical aspects with a bearing on road safety; applicants must be able to detect the most common faults, in particular in the steering, suspension and braking systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, windscreen and wipers, the exhaust system, seat-belts and the audible warning device;

| 2.1.8. | Vehicle safety equipment and, in particular, the use of seat-belts, head restraints and child safety equipment; |
| --- | --- |

2.1.8.

Vehicle safety equipment and, in particular, the use of seat-belts, head restraints and child safety equipment;

| 2.1.9. | Rules regarding vehicle use in relation to the environment (appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, etc.). |
| --- | --- |

2.1.9.

Rules regarding vehicle use in relation to the environment (appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, etc.).

3.   Specific provisions concerning categories A1, A2 and A

| 3.1. | Compulsory check of general knowledge on:






  3.1.1. | Use of protective outfit such as gloves, boots, clothes and safety helmet; |
| --- | --- | --- |

3.1.

Compulsory check of general knowledge on:

3.1.1.

Use of protective outfit such as gloves, boots, clothes and safety helmet;

| 3.1.2. | Visibility of motorcycle riders for other road users; |
| --- | --- |

3.1.2.

Visibility of motorcycle riders for other road users;

| 3.1.3. | Risk factors related to various road conditions as laid down above with additional attention to slippery parts such as drain covers, road markings such as lines and arrows, tram rails; |
| --- | --- |

3.1.3.

Risk factors related to various road conditions as laid down above with additional attention to slippery parts such as drain covers, road markings such as lines and arrows, tram rails;

| 3.1.4. | Mechanical aspects with a bearing on road safety as laid down above with additional attention to the emergency stop switch, the oil levels and the chain. |
| --- | --- |

3.1.4.

Mechanical aspects with a bearing on road safety as laid down above with additional attention to the emergency stop switch, the oil levels and the chain.

4.   Specific provisions concerning categories C, CE, C1, C1E, D, DE, D1 and D1E

| 4.1. | Compulsory check of general knowledge on:






  4.1.1. | Rules on driving hours and rest periods as defined by Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (1); use of the recording equipment as defined by Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (2), |
| --- | --- | --- |

4.1.

Compulsory check of general knowledge on:

4.1.1.

Rules on driving hours and rest periods as defined by Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (1); use of the recording equipment as defined by Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (2),

| 4.1.2. | Rules concerning the type of transport concerned: goods or passengers; |
| --- | --- |

4.1.2.

Rules concerning the type of transport concerned: goods or passengers;

| 4.1.3. | Vehicle and transport documents required for the national and international carriage of goods and passengers; |
| --- | --- |

4.1.3.

Vehicle and transport documents required for the national and international carriage of goods and passengers;

| 4.1.4. | How to behave in the event of an accident; knowledge of measures to be taken after an accident or similar occurrence, including emergency action such as evacuation of passengers and basic knowledge of first aid; |
| --- | --- |

4.1.4.

How to behave in the event of an accident; knowledge of measures to be taken after an accident or similar occurrence, including emergency action such as evacuation of passengers and basic knowledge of first aid;

| 4.1.5. | The precautions to be taken during the removal and replacement of wheels; |
| --- | --- |

4.1.5.

The precautions to be taken during the removal and replacement of wheels;

| 4.1.6. | Rules on vehicle weights and dimensions; rules on speed limiters; |
| --- | --- |

4.1.6.

Rules on vehicle weights and dimensions; rules on speed limiters;

| 4.1.7. | Obstruction of the field of view caused by the characteristics of their vehicles; |
| --- | --- |

4.1.7.

Obstruction of the field of view caused by the characteristics of their vehicles;

| 4.1.8. | Reading a road map, route planning, including the use of electronic navigation systems (optional); |
| --- | --- |

4.1.8.

Reading a road map, route planning, including the use of electronic navigation systems (optional);

| 4.1.9. | Safety factors relating to vehicle loading: controlling the load (stowing and fastening), difficulties with different kinds of load (e.g. liquids, hanging loads, ...), loading and unloading goods and the use of loading equipment (categories C, CE, C1, C1E only); |
| --- | --- |

4.1.9.

Safety factors relating to vehicle loading: controlling the load (stowing and fastening), difficulties with different kinds of load (e.g. liquids, hanging loads, ...), loading and unloading goods and the use of loading equipment (categories C, CE, C1, C1E only);

| 4.1.10. | The driver's responsibility in respect to the carriage of passengers; comfort and safety of passengers; transport of children; necessary checks before driving away; all sorts of buses should be part of the theory test (public service buses and coaches, buses with special dimensions, ...) (categories D, DE, D1, D1E only). |
| --- | --- |

4.1.10.

The driver's responsibility in respect to the carriage of passengers; comfort and safety of passengers; transport of children; necessary checks before driving away; all sorts of buses should be part of the theory test (public service buses and coaches, buses with special dimensions, ...) (categories D, DE, D1, D1E only).

| 4.2. | Compulsory check of general knowledge on the following additional provisions concerning categories C, CE, D and DE:






  4.2.1. | The principles of the construction and functioning of: internal combustion engines, fluids (e.g. engine oil, coolant, washer fluid), the fuel system, the electrical system, the ignition system, the transmission system (clutch, gearbox, etc.); |
| --- | --- | --- |

4.2.

Compulsory check of general knowledge on the following additional provisions concerning categories C, CE, D and DE:

4.2.1.

The principles of the construction and functioning of: internal combustion engines, fluids (e.g. engine oil, coolant, washer fluid), the fuel system, the electrical system, the ignition system, the transmission system (clutch, gearbox, etc.);

| 4.2.2. | Lubrication and antifreeze protection; |
| --- | --- |

4.2.2.

Lubrication and antifreeze protection;

| 4.2.3. | The principles of the construction, the fitting, correct use and care of tyres; |
| --- | --- |

4.2.3.

The principles of the construction, the fitting, correct use and care of tyres;

| 4.2.4. | The principles of the types, operation, main parts, connection, use and day-to-day maintenance of brake fittings and speed governors, and use of anti-lock brakes; |
| --- | --- |

4.2.4.

The principles of the types, operation, main parts, connection, use and day-to-day maintenance of brake fittings and speed governors, and use of anti-lock brakes;

| 4.2.5. | The principles of the types, operation, main parts, connection, use and day-to-day maintenance of coupling systems (categories CE, DE only); |
| --- | --- |

4.2.5.

The principles of the types, operation, main parts, connection, use and day-to-day maintenance of coupling systems (categories CE, DE only);

| 4.2.6. | Methods of locating causes of breakdowns; |
| --- | --- |

4.2.6.

Methods of locating causes of breakdowns;

| 4.2.7. | Preventive maintenance of vehicles and necessary running repairs; |
| --- | --- |

4.2.7.

Preventive maintenance of vehicles and necessary running repairs;

| 4.2.8. | The driver's responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions (categories C, CE only). |
| --- | --- |

4.2.8.

The driver's responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions (categories C, CE only).

B.   TEST OF SKILLS AND BEHAVIOUR

5.   The vehicle and its equipment

| 5.1. | The driving of a vehicle with manual transmission shall be subject to the passing of a skills and behaviour test taken on a vehicle with manual transmission.
  If an applicant takes the test of skills and behaviour on a vehicle with automatic transmission this shall be recorded on any licence issued on the basis of such a test. Licences with this indication shall be used only for driving vehicles with automatic transmission.
  ‘Vehicle with automatic transmission’ means a vehicle in which the gear ratio between the engine and the wheels can be varied by use only of the accelerator or the brakes |
| --- | --- |

5.1.

The driving of a vehicle with manual transmission shall be subject to the passing of a skills and behaviour test taken on a vehicle with manual transmission.

If an applicant takes the test of skills and behaviour on a vehicle with automatic transmission this shall be recorded on any licence issued on the basis of such a test. Licences with this indication shall be used only for driving vehicles with automatic transmission.

‘Vehicle with automatic transmission’ means a vehicle in which the gear ratio between the engine and the wheels can be varied by use only of the accelerator or the brakes

| 5.2. | The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given below. Member States may make provisions for more stringent criteria or add others.
  Category A1:
  Category A1 motorcycle without sidecar, with a cubic capacity of at least 120 cm3, and capable of a speed of at least 90 km/h
  Category A2:
  Motorcycle without sidecar, with a cylinder capacity of at least 400 cm3, and an engine power of at least 25 kW
  Category A
  Motorcycle without sidecar, with a cylinder capacity of at least 600 cm3, and an engine power of at least 40 kW
  Category B:
  A four-wheeled category B vehicle capable of a speed of at least 100 km/h;
  Category BE:
  A combination, made up of a category B test vehicle and a trailer with a maximum authorised mass of at least 1 000 kg, capable of a speed of at least 100 km/h, which does not fall within category B; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the motor vehicle; the closed box body may also be slightly less wide than the motor vehicle provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;
  Category B1:
  A motor-powered quadricycle capable of a speed of at least 60 km/h;
  Category C:
  A category C vehicle with a maximum authorised mass of at least 12 000 kg, a length of at least 8 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; the vehicle shall be presented with a minimum of 10 000 kg real total mass;
  Category CE:
  either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 m in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20 000 kg, a length of at least 14 m and a width of at least 2,40 m, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; both the articulated vehicle and the combination shall be presented with a minimum of 15 000 kg real total mass;
  Category C1:
  A subcategory C1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab;
  Category C1E:
  A combination made up of a subcategory C1 test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg; this combination shall be at least 8 m in length and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the cab; the closed box body may also be slightly less wide than the cab provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;
  Category D:
  A category D vehicle with a length of at least 10 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;
  Category DE:
  A combination made up of a category D test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg, a width of at least 2,40 m and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 m wide and 2 m high; the trailer shall be presented with a minimum of 800 kg real total mass;
  Category D1:
  A subcategory D1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;
  Category D1E:
  A combination made up of a subcategory D1 test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 m wide and 2 m high; the trailer shall be presented with a minimum of 800 kg real total mass;
  Testing vehicles for categories BE, C, CE, C1, C1E, D, DE, D1 and D1E which are not in conformity with the minimum criteria given above but which were in use on or before the moment of entry into force of this Directive, may still be used for a period not exceeding ten years after that date. The requirements related to the load to be carried by these vehicles, may be implemented by Member States up to ten years from the moment of entry into force of Commission Directive 2000/56/EC (3). |
| --- | --- |

5.2.

The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given below. Member States may make provisions for more stringent criteria or add others.

Category A1:

Category A1 motorcycle without sidecar, with a cubic capacity of at least 120 cm3, and capable of a speed of at least 90 km/h

Category A2:

Motorcycle without sidecar, with a cylinder capacity of at least 400 cm3, and an engine power of at least 25 kW

Category A

Motorcycle without sidecar, with a cylinder capacity of at least 600 cm3, and an engine power of at least 40 kW

Category B:

A four-wheeled category B vehicle capable of a speed of at least 100 km/h;

Category BE:

A combination, made up of a category B test vehicle and a trailer with a maximum authorised mass of at least 1 000 kg, capable of a speed of at least 100 km/h, which does not fall within category B; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the motor vehicle; the closed box body may also be slightly less wide than the motor vehicle provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;

Category B1:

A motor-powered quadricycle capable of a speed of at least 60 km/h;

Category C:

A category C vehicle with a maximum authorised mass of at least 12 000 kg, a length of at least 8 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; the vehicle shall be presented with a minimum of 10 000 kg real total mass;

Category CE:

either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 m in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20 000 kg, a length of at least 14 m and a width of at least 2,40 m, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; both the articulated vehicle and the combination shall be presented with a minimum of 15 000 kg real total mass;

Category C1:

A subcategory C1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab;

Category C1E:

A combination made up of a subcategory C1 test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg; this combination shall be at least 8 m in length and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the cab; the closed box body may also be slightly less wide than the cab provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;

Category D:

A category D vehicle with a length of at least 10 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

Category DE:

A combination made up of a category D test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg, a width of at least 2,40 m and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 m wide and 2 m high; the trailer shall be presented with a minimum of 800 kg real total mass;

Category D1:

A subcategory D1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

Category D1E:

A combination made up of a subcategory D1 test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 m wide and 2 m high; the trailer shall be presented with a minimum of 800 kg real total mass;

Testing vehicles for categories BE, C, CE, C1, C1E, D, DE, D1 and D1E which are not in conformity with the minimum criteria given above but which were in use on or before the moment of entry into force of this Directive, may still be used for a period not exceeding ten years after that date. The requirements related to the load to be carried by these vehicles, may be implemented by Member States up to ten years from the moment of entry into force of Commission Directive 2000/56/EC (3).

6.   Skills and behaviour to be tested concerning categories A1, A2 and A

6.1.   Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to ride safely by satisfying the following requirements:

| 6.1.1. | Adjust the protective outfit, such as gloves, boots, clothes and safety helmet; |
| --- | --- |

6.1.1.

Adjust the protective outfit, such as gloves, boots, clothes and safety helmet;

| 6.1.2. | Perform a random check on the condition of the tyres, brakes, steering, emergency stop switch (if applicable), chain, oil levels, lights, reflectors, direction indicators and audible warning device. |
| --- | --- |

6.1.2.

Perform a random check on the condition of the tyres, brakes, steering, emergency stop switch (if applicable), chain, oil levels, lights, reflectors, direction indicators and audible warning device.

6.2.   Special manoeuvres to be tested with a bearing on road safety

| 6.2.1. | Putting the motorcycle on and off its stand and moving it, without the aid of the engine, by walking alongside the vehicle; |
| --- | --- |

6.2.1.

Putting the motorcycle on and off its stand and moving it, without the aid of the engine, by walking alongside the vehicle;

| 6.2.2. | Parking the motorcycle on its stand; |
| --- | --- |

6.2.2.

Parking the motorcycle on its stand;

| 6.2.3. | At least two manoeuvres to be executed at slow speed, including a slalom; this should allow competence to be assessed in handling of the clutch in combination with the brake, balance, vision direction and position on the motorcycle and the position of the feet on the foot rests; |
| --- | --- |

6.2.3.

At least two manoeuvres to be executed at slow speed, including a slalom; this should allow competence to be assessed in handling of the clutch in combination with the brake, balance, vision direction and position on the motorcycle and the position of the feet on the foot rests;

| 6.2.4. | At least two manoeuvres to be executed at higher speed, of which one manoeuvre in second or third gear, at least 30 km/h and one manoeuvre avoiding an obstacle at a minimum speed of 50 km/h; this should allow competence to be assessed in the position on the motorcycle, vision direction, balance, steering technique and technique of changing gears; |
| --- | --- |

6.2.4.

At least two manoeuvres to be executed at higher speed, of which one manoeuvre in second or third gear, at least 30 km/h and one manoeuvre avoiding an obstacle at a minimum speed of 50 km/h; this should allow competence to be assessed in the position on the motorcycle, vision direction, balance, steering technique and technique of changing gears;

| 6.2.5. | Braking: at least two braking exercises shall be executed, including an emergency brake at a minimum speed of 50 km/h; this should allow competence to be assessed in handling of the front and rear brake, vision direction and the position on the motorcycle.
  The special manoeuvres mentioned under points 6.2.3 to 6.2.5 have to be implemented at the latest five years after entry into force of Directive 2000/56/EC. |
| --- | --- |

6.2.5.

Braking: at least two braking exercises shall be executed, including an emergency brake at a minimum speed of 50 km/h; this should allow competence to be assessed in handling of the front and rear brake, vision direction and the position on the motorcycle.

The special manoeuvres mentioned under points 6.2.3 to 6.2.5 have to be implemented at the latest five years after entry into force of Directive 2000/56/EC.

6.3.   Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

| 6.3.1. | Riding away: after parking, after a stop in traffic; exiting a driveway; |
| --- | --- |

6.3.1.

Riding away: after parking, after a stop in traffic; exiting a driveway;

| 6.3.2. | Riding on straight roads; passing oncoming vehicles, including in confined spaces; |
| --- | --- |

6.3.2.

Riding on straight roads; passing oncoming vehicles, including in confined spaces;

| 6.3.3. | Riding round bends; |
| --- | --- |

6.3.3.

Riding round bends;

| 6.3.4. | Crossroads: approaching and crossing of intersections and junctions; |
| --- | --- |

6.3.4.

Crossroads: approaching and crossing of intersections and junctions;

| 6.3.5. | Changing direction: left and right turns; changing lanes; |
| --- | --- |

6.3.5.

Changing direction: left and right turns; changing lanes;

| 6.3.6. | Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane; |
| --- | --- |

6.3.6.

Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

| 6.3.7. | Overtaking/passing: overtaking other traffic (if possible); riding alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate); |
| --- | --- |

6.3.7.

Overtaking/passing: overtaking other traffic (if possible); riding alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

| 6.3.8. | Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes; |
| --- | --- |

6.3.8.

Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes;

| 6.3.9. | Taking the necessary precautions when getting off the vehicle. |
| --- | --- |

6.3.9.

Taking the necessary precautions when getting off the vehicle.

7.   Skills and behaviour to be tested concerning categories B, B1 and BE

7.1.   Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

| 7.1.1. | Adjusting the seat as necessary to obtain a correct seated position; |
| --- | --- |

7.1.1.

Adjusting the seat as necessary to obtain a correct seated position;

| 7.1.2. | Adjusting rear-view mirrors, seat belts and head restraints if available; |
| --- | --- |

7.1.2.

Adjusting rear-view mirrors, seat belts and head restraints if available;

| 7.1.3. | Checking that the doors are closed; |
| --- | --- |

7.1.3.

Checking that the doors are closed;

| 7.1.4. | Performing a random check on the condition of the tyres, steering, brakes, fluids (e.g. engine oil, coolant, washer fluid), lights, reflectors, direction indicators and audible warning device; |
| --- | --- |

7.1.4.

Performing a random check on the condition of the tyres, steering, brakes, fluids (e.g. engine oil, coolant, washer fluid), lights, reflectors, direction indicators and audible warning device;

| 7.1.5. | Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, cabin locking, way of loading, securing load (category BE only); |
| --- | --- |

7.1.5.

Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, cabin locking, way of loading, securing load (category BE only);

| 7.1.6. | Checking the coupling mechanism and the brake and electrical connections (category BE only). |
| --- | --- |

7.1.6.

Checking the coupling mechanism and the brake and electrical connections (category BE only).

7.2.   Categories B and B1: special manoeuvres to be tested with a bearing on road safety

A selection of the following manoeuvres shall be tested (at least two manoeuvres for the four points, including one in reverse gear):

| 7.2.1. | Reversing in a straight line or reversing right or left round a corner while keeping within the correct traffic lane; |
| --- | --- |

7.2.1.

Reversing in a straight line or reversing right or left round a corner while keeping within the correct traffic lane;

| 7.2.2. | Turning the vehicle to face the opposite way, using forward and reverse gears; |
| --- | --- |

7.2.2.

Turning the vehicle to face the opposite way, using forward and reverse gears;

| 7.2.3. | Parking the vehicle and leaving a parking space (parallel, oblique or right-angle, forwards or in reverse, on the flat, uphill or downhill); |
| --- | --- |

7.2.3.

Parking the vehicle and leaving a parking space (parallel, oblique or right-angle, forwards or in reverse, on the flat, uphill or downhill);

| 7.2.4. | Braking accurately to a stop; however, performing an emergency stop is optional. |
| --- | --- |

7.2.4.

Braking accurately to a stop; however, performing an emergency stop is optional.

7.3.   Category BE: special manoeuvres to be tested with a bearing on road safety

| 7.3.1. | Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line); |
| --- | --- |

7.3.1.

Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line);

| 7.3.2. | Reversing along a curve, the line of which shall be left to the discretion of the Member States; |
| --- | --- |

7.3.2.

Reversing along a curve, the line of which shall be left to the discretion of the Member States;

| 7.3.3. | Parking safely for loading/unloading. |
| --- | --- |

7.3.3.

Parking safely for loading/unloading.

7.4.   Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

| 7.4.1. | Driving away: after parking, after a stop in traffic; exiting a driveway; |
| --- | --- |

7.4.1.

Driving away: after parking, after a stop in traffic; exiting a driveway;

| 7.4.2. | Driving on straight roads; passing oncoming vehicles, including in confined spaces; |
| --- | --- |

7.4.2.

Driving on straight roads; passing oncoming vehicles, including in confined spaces;

| 7.4.3. | Driving round bends; |
| --- | --- |

7.4.3.

Driving round bends;

| 7.4.4. | Crossroads: approaching and crossing of intersections and junctions; |
| --- | --- |

7.4.4.

Crossroads: approaching and crossing of intersections and junctions;

| 7.4.5. | Changing direction: left and right turns; changing lanes; |
| --- | --- |

7.4.5.

Changing direction: left and right turns; changing lanes;

| 7.4.6. | Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane; |
| --- | --- |

7.4.6.

Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

| 7.4.7. | Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate); |
| --- | --- |

7.4.7.

Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

| 7.4.8. | Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes; |
| --- | --- |

7.4.8.

Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes;

| 7.4.9. | Taking the necessary precautions when alighting from the vehicle. |
| --- | --- |

7.4.9.

Taking the necessary precautions when alighting from the vehicle.

8.   Skills and behaviour to be tested concerning categories C, CE, C1, C1E, D, DE, D1 and D1E

8.1.   Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

| 8.1.1. | Adjusting the seat as necessary to obtain a correct seated position; |
| --- | --- |

8.1.1.

Adjusting the seat as necessary to obtain a correct seated position;

| 8.1.2. | Adjusting rear-view mirrors, seat belts and head restraints if available; |
| --- | --- |

8.1.2.

Adjusting rear-view mirrors, seat belts and head restraints if available;

| 8.1.3. | Random checks on the condition of the tyres, steering, brakes, lights, reflectors, direction indicators and audible warning device; |
| --- | --- |

8.1.3.

Random checks on the condition of the tyres, steering, brakes, lights, reflectors, direction indicators and audible warning device;

| 8.1.4. | Checking the power-assisted braking and steering systems; checking the condition of the wheels, wheelnuts, mudguards, windscreen, windows and wipers, fluids (e.g. engine oil, coolant, washer fluid); checking and using the instrument panel including the recording equipment as defined in Regulation (EEC) No 3821/85; |
| --- | --- |

8.1.4.

Checking the power-assisted braking and steering systems; checking the condition of the wheels, wheelnuts, mudguards, windscreen, windows and wipers, fluids (e.g. engine oil, coolant, washer fluid); checking and using the instrument panel including the recording equipment as defined in Regulation (EEC) No 3821/85;

| 8.1.5. | Checking the air pressure, air tanks and the suspension; |
| --- | --- |

8.1.5.

Checking the air pressure, air tanks and the suspension;

| 8.1.6. | Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, CE, C1, C1E only); |
| --- | --- |

8.1.6.

Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, CE, C1, C1E only);

| 8.1.7. | Checking the coupling mechanism and the brake and electrical connections (categories CE, C1E, DE, D1E only); |
| --- | --- |

8.1.7.

Checking the coupling mechanism and the brake and electrical connections (categories CE, C1E, DE, D1E only);

| 8.1.8. | Being capable of taking special vehicle safety measures; controlling the body, service doors, emergency exits, first aid equipment, fire extinguishers and other safety equipment (categories D, DE, D1, D1E only); |
| --- | --- |

8.1.8.

Being capable of taking special vehicle safety measures; controlling the body, service doors, emergency exits, first aid equipment, fire extinguishers and other safety equipment (categories D, DE, D1, D1E only);

| 8.1.9. | Reading a road map, route planning, including the use of electronic navigation systems (optional). |
| --- | --- |

8.1.9.

Reading a road map, route planning, including the use of electronic navigation systems (optional).

8.2.   Special manoeuvres to be tested with a bearing on road safety

| 8.2.1. | Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (categories CE, C1E, DE, D1E only); |
| --- | --- |

8.2.1.

Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (categories CE, C1E, DE, D1E only);

| 8.2.2. | Reversing along a curve, the line of which shall be left to the discretion of the Member States; |
| --- | --- |

8.2.2.

Reversing along a curve, the line of which shall be left to the discretion of the Member States;

| 8.2.3. | Parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, CE, C1, C1E only); |
| --- | --- |

8.2.3.

Parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, CE, C1, C1E only);

| 8.2.4. | Parking to let passengers on or off the bus safely (categories D, DE, D1, D1E only). |
| --- | --- |

8.2.4.

Parking to let passengers on or off the bus safely (categories D, DE, D1, D1E only).

8.3.   Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

| 8.3.1. | Driving away: after parking, after a stop in traffic; exiting a driveway; |
| --- | --- |

8.3.1.

Driving away: after parking, after a stop in traffic; exiting a driveway;

| 8.3.2. | Driving on straight roads; passing oncoming vehicles, including in confined spaces; |
| --- | --- |

8.3.2.

Driving on straight roads; passing oncoming vehicles, including in confined spaces;

| 8.3.3. | Driving round bends; |
| --- | --- |

8.3.3.

Driving round bends;

| 8.3.4. | Crossroads: approaching and crossing of intersections and junctions; |
| --- | --- |

8.3.4.

Crossroads: approaching and crossing of intersections and junctions;

| 8.3.5. | Changing direction: left and right turns; changing lanes; |
| --- | --- |

8.3.5.

Changing direction: left and right turns; changing lanes;

| 8.3.6. | Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane; |
| --- | --- |

8.3.6.

Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

| 8.3.7. | Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate); |
| --- | --- |

8.3.7.

Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

| 8.3.8. | Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes; |
| --- | --- |

8.3.8.

Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes;

| 8.3.9. | Taking the necessary precautions when alighting from the vehicle. |
| --- | --- |

8.3.9.

Taking the necessary precautions when alighting from the vehicle.

9.   Marking of the test of skills and behaviour

| 9.1. | For each of the abovementioned driving situations, the assessment must reflect the degree of ease with which the applicant handles the vehicle controls and his demonstrated capacity to drive in traffic in complete safety. The examiner must feel safe throughout the test. Driving errors or dangerous conduct immediately endangering the safety of the test vehicle, its passengers or other road users shall be penalised by failing the test, whether or not the examiner or accompanying person has to intervene. Nonetheless, the examiner shall be free to decide whether or not the skills and behaviour test should be completed.
  Driving examiners must be trained to assess correctly the applicants' ability to drive safely. The work of driving examiners must be monitored and supervised, by a body authorised by the Member State, to ensure correct and consistent application of fault assessment in accordance with the standards laid down in this Annex. |
| --- | --- |

9.1.

For each of the abovementioned driving situations, the assessment must reflect the degree of ease with which the applicant handles the vehicle controls and his demonstrated capacity to drive in traffic in complete safety. The examiner must feel safe throughout the test. Driving errors or dangerous conduct immediately endangering the safety of the test vehicle, its passengers or other road users shall be penalised by failing the test, whether or not the examiner or accompanying person has to intervene. Nonetheless, the examiner shall be free to decide whether or not the skills and behaviour test should be completed.

Driving examiners must be trained to assess correctly the applicants' ability to drive safely. The work of driving examiners must be monitored and supervised, by a body authorised by the Member State, to ensure correct and consistent application of fault assessment in accordance with the standards laid down in this Annex.

| 9.2. | During their assessment, driving examiners shall pay special attention to whether an applicant is showing a defensive and social driving behaviour. This should reflect the overall style of driving and the driving examiner should take this into account in the overall picture of the applicant. It includes adapted and determined (safe) driving, taking into account road and weather conditions, taking into account other traffic, taking into account the interests of other road users (particularly the more vulnerable) and anticipation. |
| --- | --- |

9.2.

During their assessment, driving examiners shall pay special attention to whether an applicant is showing a defensive and social driving behaviour. This should reflect the overall style of driving and the driving examiner should take this into account in the overall picture of the applicant. It includes adapted and determined (safe) driving, taking into account road and weather conditions, taking into account other traffic, taking into account the interests of other road users (particularly the more vulnerable) and anticipation.

| 9.3. | The driving examiner will furthermore assess whether the applicant is:






  9.3.1. | Controlling the vehicle; taking into account: proper use of safety belts, rear-view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories BE, C, CE, C1, C1E, DE, D1E only); the comfort of the passengers (categories D, DE, D1, D1E only) (no fast acceleration, smoothly driving and no hard braking); |
| --- | --- | --- |

9.3.

The driving examiner will furthermore assess whether the applicant is:

9.3.1.

Controlling the vehicle; taking into account: proper use of safety belts, rear-view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories BE, C, CE, C1, C1E, DE, D1E only); the comfort of the passengers (categories D, DE, D1, D1E only) (no fast acceleration, smoothly driving and no hard braking);

| 9.3.2. | Driving economically and in an environmentally friendly way, taking into account the revolutions per minute, changing gears, braking and accelerating (categories BE, C, CE, C1, C1E, D, DE, D1, D1E only); |
| --- | --- |

9.3.2.

Driving economically and in an environmentally friendly way, taking into account the revolutions per minute, changing gears, braking and accelerating (categories BE, C, CE, C1, C1E, D, DE, D1, D1E only);

| 9.3.3. | Observation: all-round observation; proper use of mirrors; far, middle, near distance vision; |
| --- | --- |

9.3.3.

Observation: all-round observation; proper use of mirrors; far, middle, near distance vision;

| 9.3.4. | Priority/giving way: priority at crossroads, intersections and junctions; giving way at other occasions (e.g. changing direction, changing lanes, special manoeuvres); |
| --- | --- |

9.3.4.

Priority/giving way: priority at crossroads, intersections and junctions; giving way at other occasions (e.g. changing direction, changing lanes, special manoeuvres);

| 9.3.5. | Correct position on the road: proper position on the road, in lanes, on roundabouts, round bends, suitable for the type and the characteristics of the vehicle; pre-positioning; |
| --- | --- |

9.3.5.

Correct position on the road: proper position on the road, in lanes, on roundabouts, round bends, suitable for the type and the characteristics of the vehicle; pre-positioning;

| 9.3.6. | Keeping distance: keeping adequate distance to the front and the side; keeping adequate distance from other road users; |
| --- | --- |

9.3.6.

Keeping distance: keeping adequate distance to the front and the side; keeping adequate distance from other road users;

| 9.3.7. | Speed: not exceeding the maximum allowed speed; adapting speed to weather/traffic conditions and where appropriate up to national speed limits; driving at such a speed that stopping within distance of the visible and free road is possible; adapting speed to general speed of same kind of road users; |
| --- | --- |

9.3.7.

Speed: not exceeding the maximum allowed speed; adapting speed to weather/traffic conditions and where appropriate up to national speed limits; driving at such a speed that stopping within distance of the visible and free road is possible; adapting speed to general speed of same kind of road users;

| 9.3.8. | Traffic lights, road signs and other indications: acting correctly at traffic lights; obeying instructions from traffic controllers; acting correctly at road signs (prohibitions or commands); take appropriate action at road markings; |
| --- | --- |

9.3.8.

Traffic lights, road signs and other indications: acting correctly at traffic lights; obeying instructions from traffic controllers; acting correctly at road signs (prohibitions or commands); take appropriate action at road markings;

| 9.3.9. | Signalling: give signals where necessary, correctly and properly timed; indicating directions correctly; taking appropriate action with regard to all signals made by other road users; |
| --- | --- |

9.3.9.

Signalling: give signals where necessary, correctly and properly timed; indicating directions correctly; taking appropriate action with regard to all signals made by other road users;

| 9.3.10. | Braking and stopping: decelerating in time, braking or stopping according to circumstances; anticipation; using the various braking systems (only for categories C, CE, D, DE); using speed reduction systems other than the brakes (only for categories C, CE, D, DE). |
| --- | --- |

9.3.10.

Braking and stopping: decelerating in time, braking or stopping according to circumstances; anticipation; using the various braking systems (only for categories C, CE, D, DE); using speed reduction systems other than the brakes (only for categories C, CE, D, DE).

10.   Length of the test

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in paragraph B of this Annex. In no circumstances should the time spent driving on the road be less than 25 minutes for categories A, A1, A2, B, B1 and BE and 45 minutes for the other categories. This does not include the reception of the applicant, the preparation of the vehicle, the technical check of the vehicle with a bearing on road safety, the special manoeuvres and the announcement of the outcome of the practical test.

11.   Location of the test

The part of the test to assess the special manoeuvres may be conducted on a special testing ground. Wherever practicable, the part of the test to assess behaviour in traffic should be conducted on roads outside built-up areas, expressways and motorways (or similar), as well as on all kinds of urban streets (residential areas, 30 and 50 km/h areas, urban expressways) which should represent the various types of difficulty likely to be encountered by drivers. It is also desirable for the test to take place in various traffic density conditions. The time spent driving on the road should be used in an optimal way to assess the applicant in all the various traffic areas that can be encountered, with a special emphasis on changing between these areas.

II.   KNOWLEDGE, SKILL AND BEHAVIOUR FOR DRIVING A POWER-DRIVEN VEHICLE

Drivers of all power-driven vehicles must at any moment have the knowledge, skills and behaviour described under points 1 to 9, with a view to be able to:

| — | Recognise traffic dangers and assess their seriousness, |
| --- | --- |

—

Recognise traffic dangers and assess their seriousness,

| — | Have sufficient command of their vehicle not to create dangerous situations and to react appropriately should such situations occur, |
| --- | --- |

—

Have sufficient command of their vehicle not to create dangerous situations and to react appropriately should such situations occur,

| — | Comply with road traffic regulations, and in particular those intended to prevent road accidents and to maintain the flow of traffic, |
| --- | --- |

—

Comply with road traffic regulations, and in particular those intended to prevent road accidents and to maintain the flow of traffic,

| — | Detect any major technical faults in their vehicles, in particular those posing a safety hazard, and have them remedied in an appropriate fashion, |
| --- | --- |

—

Detect any major technical faults in their vehicles, in particular those posing a safety hazard, and have them remedied in an appropriate fashion,

| — | Take account of all the factors affecting driving behaviour (e.g. alcohol, fatigue, poor eyesight, etc.) so as to retain full use of the faculties needed to drive safely, |
| --- | --- |

—

Take account of all the factors affecting driving behaviour (e.g. alcohol, fatigue, poor eyesight, etc.) so as to retain full use of the faculties needed to drive safely,

| — | Help ensure the safety of all road users, and in particular of the weakest and most exposed by showing due respect for others. |
| --- | --- |

—

Help ensure the safety of all road users, and in particular of the weakest and most exposed by showing due respect for others.

Member States may implement the appropriate measures to ensure that drivers who have lost the knowledge, skills and behaviour as described under points 1 to 9 can recover this knowledge and these skills and will continue to exhibit such behaviour required for driving a motor vehicle.

---

(1)  OJ L 370, 31.12.1985, p. 1. Regulation as repealed by Regulation (EC) No 561/2006 of the European Parliament and of the Council (OJ L 102, 11.4.2006, p. 1).

(2)  OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Regulation (EC) No 561/2006.

(3)  Commission Directive 2000/56/EC of 14 September 2000 amending Council Directive 91/439/EEC on driving licences (OJ L 237, 21.9.2000, p. 45).

---

ANNEX III

MINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS FOR DRIVING A POWER-DRIVEN VEHICLE

DEFINITIONS

| 1. | For the purpose of this Annex, drivers are classified in two groups:






  1.1. | Group 1:
  drivers of vehicles of categories A, A1, A2, AM, B, B1 and BE. |
| --- | --- | --- |

1.

For the purpose of this Annex, drivers are classified in two groups:

1.1.

Group 1:

drivers of vehicles of categories A, A1, A2, AM, B, B1 and BE.

| 1.2. | Group 2:
  drivers of vehicles of categories C, CE, C1, C1E, D, DE, D1 and D1E. |
| --- | --- |

1.2.

Group 2:

drivers of vehicles of categories C, CE, C1, C1E, D, DE, D1 and D1E.

| 1.3. | National legislation may provide for the provisions set out in this Annex for Group 2 drivers to apply to drivers of Category B vehicles using their driving licence for professional purposes (taxis, ambulances, etc.). |
| --- | --- |

1.3.

National legislation may provide for the provisions set out in this Annex for Group 2 drivers to apply to drivers of Category B vehicles using their driving licence for professional purposes (taxis, ambulances, etc.).

| 2. | Similarly, applicants for a first driving licence or for the renewal of a driving licence are classified in the group to which they will belong once the licence has been issued or renewed. |
| --- | --- |

2.

Similarly, applicants for a first driving licence or for the renewal of a driving licence are classified in the group to which they will belong once the licence has been issued or renewed.

MEDICAL EXAMINATIONS

| 3. | Group 1:
  Applicants shall be required to undergo a medical examination if it becomes apparent, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they have one or more of the medical disabilities mentioned in this Annex. |
| --- | --- |

3.

Group 1:

Applicants shall be required to undergo a medical examination if it becomes apparent, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they have one or more of the medical disabilities mentioned in this Annex.

| 4. | Group 2:
  Applicants shall undergo medical examinations before a driving licence is first issued to them and thereafter drivers shall be checked in accordance with the national system in place in the Member State of normal residence whenever their driving licence is renewed |
| --- | --- |

4.

Group 2:

Applicants shall undergo medical examinations before a driving licence is first issued to them and thereafter drivers shall be checked in accordance with the national system in place in the Member State of normal residence whenever their driving licence is renewed

| 5. | The standards set by Member States for the issue or any subsequent renewal of driving licences may be stricter than those set out in this Annex. |
| --- | --- |

5.

The standards set by Member States for the issue or any subsequent renewal of driving licences may be stricter than those set out in this Annex.

SIGHT

| 6. | All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant's vision is adequate, he shall be examined by a competent medical authority. At this examination attention shall be paid the following in particular: visual acuity, field of vision, twilight vision and progressive eye diseases.
  For the purpose of this Annex, intra-ocular lenses shall not be considered corrective lenses. |
| --- | --- |

6.

All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant's vision is adequate, he shall be examined by a competent medical authority. At this examination attention shall be paid the following in particular: visual acuity, field of vision, twilight vision and progressive eye diseases.

For the purpose of this Annex, intra-ocular lenses shall not be considered corrective lenses.

Group 1:

| 6.1. | Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using both eyes together. Driving licences shall not be issued or renewed if, during the medical examination, it is shown that the horizontal field of vision is less than 120o
  o, apart from exceptional cases duly justified by a favourable medical opinion and a positive practical test, or that the person concerned suffers from any other eye condition that would compromise safe driving. When a progressive eye disease is detected or declared, driving licences may be issued or renewed subject to the applicant undergoing regular examination by a competent medical authority. |
| --- | --- |

6.1.

Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using both eyes together. Driving licences shall not be issued or renewed if, during the medical examination, it is shown that the horizontal field of vision is less than 120o
  o, apart from exceptional cases duly justified by a favourable medical opinion and a positive practical test, or that the person concerned suffers from any other eye condition that would compromise safe driving. When a progressive eye disease is detected or declared, driving licences may be issued or renewed subject to the applicant undergoing regular examination by a competent medical authority.

| 6.2. | Applicants for a driving licence, or for the renewal of such a licence, who have total functional loss of vision in one eye or who use only one eye (e.g. in the case of diplopia) must have a visual acuity of at least 0,6, with corrective lenses if necessary. The competent medical authority must certify that this condition of monocular vision has existed sufficiently long to allow adaptation and that the field of vision in this eye is normal. |
| --- | --- |

6.2.

Applicants for a driving licence, or for the renewal of such a licence, who have total functional loss of vision in one eye or who use only one eye (e.g. in the case of diplopia) must have a visual acuity of at least 0,6, with corrective lenses if necessary. The competent medical authority must certify that this condition of monocular vision has existed sufficiently long to allow adaptation and that the field of vision in this eye is normal.

Group 2:

| 6.3. | Applicants for a driving licence or for the renewal of such a licence must have a visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and at least 0,5 in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,5, the uncorrected acuity in each eye must reach 0,05, or else the minimum acuity (0,8 and 0,5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres or with the aid of contact lenses (uncorrected vision = 0,05). The correction must be well tolerated. Driving licences shall not be issued to or renewed for applications or drivers without a normal binocular field of vision or suffering from diplopia. |
| --- | --- |

6.3.

Applicants for a driving licence or for the renewal of such a licence must have a visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and at least 0,5 in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,5, the uncorrected acuity in each eye must reach 0,05, or else the minimum acuity (0,8 and 0,5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres or with the aid of contact lenses (uncorrected vision = 0,05). The correction must be well tolerated. Driving licences shall not be issued to or renewed for applications or drivers without a normal binocular field of vision or suffering from diplopia.

HEARING

| 7. | Driving licences may be issued to or renewed for applicants or drivers in Group 2 subject to the opinion of the competent medical authorities; particular account will be taken in medical examinations of the scope for compensation. |
| --- | --- |

7.

Driving licences may be issued to or renewed for applicants or drivers in Group 2 subject to the opinion of the competent medical authorities; particular account will be taken in medical examinations of the scope for compensation.

PERSONS WITH A LOCOMOTOR DISABILITY

| 8. | Driving licences shall not be issued to or renewed for applicants or drivers suffering from complaints or abnormalities of the locomotor system which make it dangerous to drive a power-driven vehicle. |
| --- | --- |

8.

Driving licences shall not be issued to or renewed for applicants or drivers suffering from complaints or abnormalities of the locomotor system which make it dangerous to drive a power-driven vehicle.

Group 1:

| 8.1. | Driving licences subject to certain restrictions, if necessary, may be issued to physically disabled applicants or drivers following the issuing of an opinion by a competent medical authority. This opinion must be based on a medical assessment of the complaint or abnormality in question and, where necessary, on a practical test. It must also indicate what type of modification to the vehicle is required and whether the driver needs to be fitted with an orthopaedic device, insofar as the test of skills and behaviour demonstrates that with such a device driving would not to be dangerous. |
| --- | --- |

8.1.

Driving licences subject to certain restrictions, if necessary, may be issued to physically disabled applicants or drivers following the issuing of an opinion by a competent medical authority. This opinion must be based on a medical assessment of the complaint or abnormality in question and, where necessary, on a practical test. It must also indicate what type of modification to the vehicle is required and whether the driver needs to be fitted with an orthopaedic device, insofar as the test of skills and behaviour demonstrates that with such a device driving would not to be dangerous.

| 8.2. | Driving licences may be issued to or renewed for any applicant suffering from a progressive complaint on condition that the disabled person is regularly examined to check that the person is still capable of driving the vehicle completely safely.
  Where the disability is static, driving licences may be issued or renewed without the applicant being subject to regular medical examination. |
| --- | --- |

8.2.

Driving licences may be issued to or renewed for any applicant suffering from a progressive complaint on condition that the disabled person is regularly examined to check that the person is still capable of driving the vehicle completely safely.

Where the disability is static, driving licences may be issued or renewed without the applicant being subject to regular medical examination.

Group 2:

| 8.3. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

8.3.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

CARDIOVASCULAR DISEASES

| 9. | Any disease capable of exposing an applicant for a first licence or a driver applying for renewal to a sudden failure of the cardiovascular system such that there is a sudden impairment of the cerebral functions constitutes a danger to road safety. |
| --- | --- |

9.

Any disease capable of exposing an applicant for a first licence or a driver applying for renewal to a sudden failure of the cardiovascular system such that there is a sudden impairment of the cerebral functions constitutes a danger to road safety.

Group 1:

| 9.1. | Driving licences will not to be issued to, or renewed for, applicants or drivers with serious arrhythmia. |
| --- | --- |

9.1.

Driving licences will not to be issued to, or renewed for, applicants or drivers with serious arrhythmia.

| 9.2. | Driving licences may be issued to, or renewed for, applicants or drivers wearing a pacemaker subject to authorised medical opinion and regular medical check-ups. |
| --- | --- |

9.2.

Driving licences may be issued to, or renewed for, applicants or drivers wearing a pacemaker subject to authorised medical opinion and regular medical check-ups.

| 9.3. | The question of whether to issue or renew a licence for applicants or drivers suffering from abnormal arterial blood pressure shall be assessed with reference to the other results of the examination, any associated complications and the danger they might constitute for road safety. |
| --- | --- |

9.3.

The question of whether to issue or renew a licence for applicants or drivers suffering from abnormal arterial blood pressure shall be assessed with reference to the other results of the examination, any associated complications and the danger they might constitute for road safety.

| 9.4. | Generally speaking, a driving licence shall not be issued to or renewed for applicants or drivers suffering from angina during rest or emotion. The issuing or renewal of a driving licence to any applicant or driver having suffered myocardial infarction shall be subject to authorised medical opinion and, if necessary, regular medical check-ups. |
| --- | --- |

9.4.

Generally speaking, a driving licence shall not be issued to or renewed for applicants or drivers suffering from angina during rest or emotion. The issuing or renewal of a driving licence to any applicant or driver having suffered myocardial infarction shall be subject to authorised medical opinion and, if necessary, regular medical check-ups.

Group 2:

| 9.5. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

9.5.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

DIABETES MELLITUS

| 10. | Driving licences may be issued to, or renewed for, applicants or drivers suffering from diabetes mellitus, subject to authorised medical opinion and regular medical check-ups appropriate to each case. |
| --- | --- |

10.

Driving licences may be issued to, or renewed for, applicants or drivers suffering from diabetes mellitus, subject to authorised medical opinion and regular medical check-ups appropriate to each case.

Group 2:

| 10.1. | Only in very exceptional cases may driving licences be issued to, or renewed for, applicants or drivers in this group suffering from diabetes mellitus and requiring insulin treatment, and then only where duly justified by authorised medical opinion and subject to regular medical check-ups. |
| --- | --- |

10.1.

Only in very exceptional cases may driving licences be issued to, or renewed for, applicants or drivers in this group suffering from diabetes mellitus and requiring insulin treatment, and then only where duly justified by authorised medical opinion and subject to regular medical check-ups.

NEUROLOGICAL DISEASES

| 11. | Driving licences shall not be issued to, or renewed for, applicants or drivers suffering from a serious neurological disease, unless the application is supported by authorised medical opinion.
  Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and coordination, must accordingly be taken into account in relation to their functional effects and the risks of progression. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration. |
| --- | --- |

11.

Driving licences shall not be issued to, or renewed for, applicants or drivers suffering from a serious neurological disease, unless the application is supported by authorised medical opinion.

Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and coordination, must accordingly be taken into account in relation to their functional effects and the risks of progression. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration.

| 12. | Epileptic seizures or other sudden disturbances of the state of consciousness constitute a serious danger to road safety if they occur in a person driving a power-driven vehicle. |
| --- | --- |

12.

Epileptic seizures or other sudden disturbances of the state of consciousness constitute a serious danger to road safety if they occur in a person driving a power-driven vehicle.

Group 1:

| 12.1. | A licence may be issued or renewed subject to an examination by a competent medical authority and to regular medical check-ups. The authority shall decide on the state of the epilepsy or other disturbances of consciousness, its clinical form and progress (no seizure in the last two years, for example), the treatment received and the results thereof. |
| --- | --- |

12.1.

A licence may be issued or renewed subject to an examination by a competent medical authority and to regular medical check-ups. The authority shall decide on the state of the epilepsy or other disturbances of consciousness, its clinical form and progress (no seizure in the last two years, for example), the treatment received and the results thereof.

Group 2:

| 12.2. | Driving licences shall not be issued to or renewed for applicants or drivers suffering or liable to suffer from epileptic seizures or other sudden disturbances of the state of consciousness. |
| --- | --- |

12.2.

Driving licences shall not be issued to or renewed for applicants or drivers suffering or liable to suffer from epileptic seizures or other sudden disturbances of the state of consciousness.

MENTAL DISORDERS

Group 1:

| 13.1. | Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from:






  — | severe mental disturbance, whether congenital or due to disease, trauma or neurosurgical operations, |
| --- | --- | --- |

13.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from:

—

severe mental disturbance, whether congenital or due to disease, trauma or neurosurgical operations,

| — | severe mental retardation, |
| --- | --- |

—

severe mental retardation,

| — | severe behavioural problems due to ageing; or personality defects leading to seriously impaired judgment, behaviour or adaptability, |
| --- | --- |

—

severe behavioural problems due to ageing; or personality defects leading to seriously impaired judgment, behaviour or adaptability,

unless their application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups.

Group 2:

| 13.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

13.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

ALCOHOL

| 14. | Alcohol consumption constitutes a major danger to road safety. In view of the scale of the problem, the medical profession must be very vigilant. |
| --- | --- |

14.

Alcohol consumption constitutes a major danger to road safety. In view of the scale of the problem, the medical profession must be very vigilant.

Group 1:

| 14.1. | Driving licences shall not be issued to, or renewed for, applicants or drivers who are dependent on alcohol or unable to refrain from drinking and driving.
  After a proven period of abstinence and subject to authorised medical opinion and regular medical check-ups, driving licences may be issued to, or renewed for, applicant or drivers who have in the past been dependent on alcohol. |
| --- | --- |

14.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who are dependent on alcohol or unable to refrain from drinking and driving.

After a proven period of abstinence and subject to authorised medical opinion and regular medical check-ups, driving licences may be issued to, or renewed for, applicant or drivers who have in the past been dependent on alcohol.

Group 2:

| 14.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

14.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

DRUGS AND MEDICINAL PRODUCTS

| 15. | Abuse:
  Driving licences shall not be issued to or renewed for applicants or drivers who are dependent on psychotropic substances or who are not dependent on such substances but regularly abuse them, whatever category of licence is requested. |
| --- | --- |

15.

Abuse:

Driving licences shall not be issued to or renewed for applicants or drivers who are dependent on psychotropic substances or who are not dependent on such substances but regularly abuse them, whatever category of licence is requested.

Regular use:

Group 1:

| 15.1. | Driving licences shall not be issued to, or renewed for, applicants or drivers who regularly use psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all other medicinal products or combinations of medicinal products which affect the ability to drive. |
| --- | --- |

15.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who regularly use psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all other medicinal products or combinations of medicinal products which affect the ability to drive.

Group 2:

| 15.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definitions of this group. |
| --- | --- |

15.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definitions of this group.

RENAL DISORDERS

Group 1:

| 16.1. | Driving licences may be issued or renewed for applicants and drivers suffering from serious renal insufficiency subject to authorised medical opinion and regular medical check-ups. |
| --- | --- |

16.1.

Driving licences may be issued or renewed for applicants and drivers suffering from serious renal insufficiency subject to authorised medical opinion and regular medical check-ups.

Group 2:

| 16.2. | Save in exceptional cases duly justified by authorised medical opinion, and subject to regular medical check-ups, driving licences shall not be issued to or renewed for applicants or drivers suffering from serious and irreversible renal deficiency. |
| --- | --- |

16.2.

Save in exceptional cases duly justified by authorised medical opinion, and subject to regular medical check-ups, driving licences shall not be issued to or renewed for applicants or drivers suffering from serious and irreversible renal deficiency.

MISCELLANEOUS PROVISIONS

Group 1:

| 17.1. | Subject to authorised medical opinion and, if necessary, regular medical check-ups, driving licences may be issued to or renewed for applications or drivers who have had an organ transplant or an artificial implant which affects the ability to drive. |
| --- | --- |

17.1.

Subject to authorised medical opinion and, if necessary, regular medical check-ups, driving licences may be issued to or renewed for applications or drivers who have had an organ transplant or an artificial implant which affects the ability to drive.

Group 2:

| 17.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

17.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

| 18. | As a general rule, where applicants or drivers suffer from any disorder which is not mentioned in the preceding paragraph but is liable to be, or to result in, a functional incapacity affecting safety at the wheel, driving licences shall not be issued or renewed unless the application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups. |
| --- | --- |

18.

As a general rule, where applicants or drivers suffer from any disorder which is not mentioned in the preceding paragraph but is liable to be, or to result in, a functional incapacity affecting safety at the wheel, driving licences shall not be issued or renewed unless the application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups.

---

ANNEX IV

MINIMUM STANDARDS FOR PERSONS WHO CONDUCT PRACTICAL DRIVING TESTS

1.   Competences required by a driving examiner

| 1.1. | A person authorised to conduct practical assessments in a motor vehicle of the driving performance of a candidate must have knowledge, skills and understanding related to the topics listed in points 1.2 to 1.6. |
| --- | --- |

1.1.

A person authorised to conduct practical assessments in a motor vehicle of the driving performance of a candidate must have knowledge, skills and understanding related to the topics listed in points 1.2 to 1.6.

| 1.2. | The competences of an examiner must be relevant to assessing the performance of a candidate seeking the category of driving licence entitlement for which the driving test is being undertaken. |
| --- | --- |

1.2.

The competences of an examiner must be relevant to assessing the performance of a candidate seeking the category of driving licence entitlement for which the driving test is being undertaken.

| 1.3. | Knowledge and understanding of driving and assessment:






  — | theory of driving behaviour, |
| --- | --- | --- |

1.3.

Knowledge and understanding of driving and assessment:

—

theory of driving behaviour,

| — | hazard perception and accident avoidance, |
| --- | --- |

—

hazard perception and accident avoidance,

| — | the syllabus underpinning driving test standards, |
| --- | --- |

—

the syllabus underpinning driving test standards,

| — | the requirements of the driving test, |
| --- | --- |

—

the requirements of the driving test,

| — | relevant road and traffic legislation, including relevant EU and national legislation and interpretative guidelines, |
| --- | --- |

—

relevant road and traffic legislation, including relevant EU and national legislation and interpretative guidelines,

| — | assessment theory and techniques, |
| --- | --- |

—

assessment theory and techniques,

| — | defensive driving. |
| --- | --- |

—

defensive driving.

| 1.4. | Assessment skills:






  — | ability to observe accurately, monitor, and evaluate overall candidate performance, in particular:






  — | correct and comprehensive recognition of dangerous situations, |
| --- | --- | --- | --- |

1.4.

Assessment skills:

—

ability to observe accurately, monitor, and evaluate overall candidate performance, in particular:

—

correct and comprehensive recognition of dangerous situations,

| — | accurate determination of cause and likely effect of such situations, |
| --- | --- |

—

accurate determination of cause and likely effect of such situations,

| — | achievement of competence and recognition of errors, |
| --- | --- |

—

achievement of competence and recognition of errors,

| — | uniformity and consistency in assessment, |
| --- | --- |

—

uniformity and consistency in assessment,

| — | assimilate information quickly and extract key points, |
| --- | --- |

—

assimilate information quickly and extract key points,

| — | look ahead, identify potential problems, and develop strategies to deal with them, |
| --- | --- |

—

look ahead, identify potential problems, and develop strategies to deal with them,

| — | provide timely and constructive feedback. |
| --- | --- |

—

provide timely and constructive feedback.

| 1.5. | Personal driving skills:






  — | A person authorised to conduct a practical test for a category of driving licence must be able to drive to a consistently high standard that type of motor vehicle. |
| --- | --- | --- |

1.5.

Personal driving skills:

—

A person authorised to conduct a practical test for a category of driving licence must be able to drive to a consistently high standard that type of motor vehicle.

| 1.6. | Quality of service:






  — | establish and communicate what the candidate can expect during the test, |
| --- | --- | --- |

1.6.

Quality of service:

—

establish and communicate what the candidate can expect during the test,

| — | communicate clearly, choosing content, style and language to suit the audience and context and deal with enquiries from candidates, |
| --- | --- |

—

communicate clearly, choosing content, style and language to suit the audience and context and deal with enquiries from candidates,

| — | provide clear feedback about the test result, |
| --- | --- |

—

provide clear feedback about the test result,

| — | treat candidates with respect and indiscriminately. |
| --- | --- |

—

treat candidates with respect and indiscriminately.

| 1.7. | Knowledge about vehicle technique and physics:






  — | knowledge about vehicle technique such as steering, tyres, brakes, lights, specially for motorcycles and heavy vehicles, |
| --- | --- | --- |

1.7.

Knowledge about vehicle technique and physics:

—

knowledge about vehicle technique such as steering, tyres, brakes, lights, specially for motorcycles and heavy vehicles,

| — | loading safety, |
| --- | --- |

—

loading safety,

| — | knowledge about vehicle physics such as speed, friction, dynamics, energy. |
| --- | --- |

—

knowledge about vehicle physics such as speed, friction, dynamics, energy.

| 1.8. | Driving in a fuel efficient and environmentally friendly way. |
| --- | --- |

1.8.

Driving in a fuel efficient and environmentally friendly way.

2.   General conditions

| 2.1. | A category B driving examiner:






  (a) | must have held a category B licence for at least 3 years; |
| --- | --- | --- |

2.1.

A category B driving examiner:

(a)

must have held a category B licence for at least 3 years;

| (b) | must be at least 23 years old; |
| --- | --- |

(b)

must be at least 23 years old;

| (c) | must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex; |
| --- | --- |

(c)

must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex;

| (d) | must have terminated a vocational education that leads at least to a completion of level 3 as defined by Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (1); |
| --- | --- |

(d)

must have terminated a vocational education that leads at least to a completion of level 3 as defined by Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (1);

| (e) | may not be active as a commercial driving instructor in a driving school simultaneously. |
| --- | --- |

(e)

may not be active as a commercial driving instructor in a driving school simultaneously.

| 2.2. | A driving examiner for the other categories:






  (a) | must hold a driving licence in the category concerned or possess equivalent knowledge through adequate professional qualification; |
| --- | --- | --- |

2.2.

A driving examiner for the other categories:

(a)

must hold a driving licence in the category concerned or possess equivalent knowledge through adequate professional qualification;

| (b) | must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex; |
| --- | --- |

(b)

must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex;

| (c) | must have been a qualified category B driving examiner for at least 3 years; this period may be waived provided that the examiner in question can provide evidence of:






  — | at least 5 years of driving in the category concerned, or, |
| --- | --- | --- |

(c)

must have been a qualified category B driving examiner for at least 3 years; this period may be waived provided that the examiner in question can provide evidence of:

—

at least 5 years of driving in the category concerned, or,

| — | a theoretical and practical assessment of driving ability of a standard higher than that needed to obtain a driving licence thus making that requirement unnecessary, |
| --- | --- |

—

a theoretical and practical assessment of driving ability of a standard higher than that needed to obtain a driving licence thus making that requirement unnecessary,

| (d) | must have completed a vocational education that leads at least to a termination of the level 3 as defined by Decision 85/368/EEC; |
| --- | --- |

(d)

must have completed a vocational education that leads at least to a termination of the level 3 as defined by Decision 85/368/EEC;

| (e) | may not be active as a commercial driving instructor in a driving school simultaneously. |
| --- | --- |

(e)

may not be active as a commercial driving instructor in a driving school simultaneously.

2.3.   Equivalences

| 2.3.1. | Member States may authorise an examiner to conduct driving tests for categories AM, A1, A2 and A upon passing the initial qualification prescribed in point 3 for one of these categories. |
| --- | --- |

2.3.1.

Member States may authorise an examiner to conduct driving tests for categories AM, A1, A2 and A upon passing the initial qualification prescribed in point 3 for one of these categories.

| 2.3.2. | Member States may authorise an examiner to conduct driving tests for categories C1, C, D1 and D upon passing the initial qualification prescribed in point 3 for one of these categories. |
| --- | --- |

2.3.2.

Member States may authorise an examiner to conduct driving tests for categories C1, C, D1 and D upon passing the initial qualification prescribed in point 3 for one of these categories.

| 2.3.3. | Member States may authorise an examiner to conduct driving tests for categories BE, C1E, CE, D1E and DE upon passing the initial qualification prescribed in point 3 for one of these categories. |
| --- | --- |

2.3.3.

Member States may authorise an examiner to conduct driving tests for categories BE, C1E, CE, D1E and DE upon passing the initial qualification prescribed in point 3 for one of these categories.

3.   Initial qualification

3.1.   Initial training

| 3.1.1. | Before a person may be authorised to conduct driving tests, that person must satisfactorily complete such training programme as a Member State may specify in order to have the competences set out in point 1. |
| --- | --- |

3.1.1.

Before a person may be authorised to conduct driving tests, that person must satisfactorily complete such training programme as a Member State may specify in order to have the competences set out in point 1.

| 3.1.2. | Member States must determine whether the content of any particular training programme will relate to authorisation to conduct driving tests for one driving licence category, or more than one. |
| --- | --- |

3.1.2.

Member States must determine whether the content of any particular training programme will relate to authorisation to conduct driving tests for one driving licence category, or more than one.

3.2.   Examinations

| 3.2.1. | Before a person may be authorised to conduct driving tests, that person must demonstrate a satisfactory standard of knowledge, understanding, skills and aptitude in respect of the subjects listed in point 1. |
| --- | --- |

3.2.1.

Before a person may be authorised to conduct driving tests, that person must demonstrate a satisfactory standard of knowledge, understanding, skills and aptitude in respect of the subjects listed in point 1.

| 3.2.2. | Member States shall operate an examination process that assesses, in a pedagogically appropriate manner, the competences of the person as defined under point 1, in particular point 1.4. The examination process must include both a theoretical element and a practical element. Computer-based assessment may be used where appropriate. The details concerning the nature and duration of any tests and assessments within the examination shall be at the discretion of the individual Member States. |
| --- | --- |

3.2.2.

Member States shall operate an examination process that assesses, in a pedagogically appropriate manner, the competences of the person as defined under point 1, in particular point 1.4. The examination process must include both a theoretical element and a practical element. Computer-based assessment may be used where appropriate. The details concerning the nature and duration of any tests and assessments within the examination shall be at the discretion of the individual Member States.

| 3.2.3. | Member States must determine whether the content of any particular examination will relate to authorisation to conduct driving tests for one driving licence category, or more than one. |
| --- | --- |

3.2.3.

Member States must determine whether the content of any particular examination will relate to authorisation to conduct driving tests for one driving licence category, or more than one.

4.   Quality assurance and periodic training

4.1.   Quality assurance

| 4.1.1. | Member States shall have in place quality assurance arrangements to provide for the maintenance of standards of driving examiners. |
| --- | --- |

4.1.1.

Member States shall have in place quality assurance arrangements to provide for the maintenance of standards of driving examiners.

| 4.1.2. | Quality assurance arrangements should involve the supervision of examiners at work, their further training and re-accreditation, their continuing professional development, and by periodic review of the outcomes of the driving tests that they have conducted. |
| --- | --- |

4.1.2.

Quality assurance arrangements should involve the supervision of examiners at work, their further training and re-accreditation, their continuing professional development, and by periodic review of the outcomes of the driving tests that they have conducted.

| 4.1.3. | Member States must provide that each examiner is subject to yearly supervision making use of quality assurance arrangements listed in point 4.1.2. Moreover, the Member States must provide that each examiner is observed conducting tests once every 5 years, for a minimum period cumulatively of at least half a day, allowing the observation of several tests. When issues are identified corrective action should be put in place. The person undertaking the supervision must be a person authorised by the Member State for that purpose. |
| --- | --- |

4.1.3.

Member States must provide that each examiner is subject to yearly supervision making use of quality assurance arrangements listed in point 4.1.2. Moreover, the Member States must provide that each examiner is observed conducting tests once every 5 years, for a minimum period cumulatively of at least half a day, allowing the observation of several tests. When issues are identified corrective action should be put in place. The person undertaking the supervision must be a person authorised by the Member State for that purpose.

| 4.1.4 | Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the supervision requirement in relation to tests for one category satisfies the requirement for more than one category. |
| --- | --- |

4.1.4

Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the supervision requirement in relation to tests for one category satisfies the requirement for more than one category.

| 4.1.5 | The work of driving examination must be monitored and supervised by a body authorised by the Member State, to ensure correct and consistent application of assessment. |
| --- | --- |

4.1.5

The work of driving examination must be monitored and supervised by a body authorised by the Member State, to ensure correct and consistent application of assessment.

4.2.   Periodic training

| 4.2.1. | Member States shall provide that, in order to remain authorised, driving examiners, irrespective of the number of categories for which they are accredited, undertake:






  — | a minimum regular periodic training of four days in total per period of two years in order to: |
| --- | --- | --- |

4.2.1.

Member States shall provide that, in order to remain authorised, driving examiners, irrespective of the number of categories for which they are accredited, undertake:

—

a minimum regular periodic training of four days in total per period of two years in order to:

| — | maintain and refresh the necessary knowledge and examining skills, |
| --- | --- |

—

maintain and refresh the necessary knowledge and examining skills,

| — | to develop new competences that have become essential for the exercise of their profession, |
| --- | --- |

—

to develop new competences that have become essential for the exercise of their profession,

| — | ensure that an examiner continues to conduct tests to a fair and uniform standard, |
| --- | --- |

—

ensure that an examiner continues to conduct tests to a fair and uniform standard,

| — | a minimum periodic training of at least five days in total per period of five years, |
| --- | --- |

—

a minimum periodic training of at least five days in total per period of five years,

| — | in order to develop and maintain the necessary practical driving skills. |
| --- | --- |

—

in order to develop and maintain the necessary practical driving skills.

| 4.2.2. | Member States shall take the appropriate measures for ensuring that specific training is given promptly to those examiners that have found to be seriously malfunctioning by the quality assurance system in place. |
| --- | --- |

4.2.2.

Member States shall take the appropriate measures for ensuring that specific training is given promptly to those examiners that have found to be seriously malfunctioning by the quality assurance system in place.

| 4.2.3. | The nature of periodic training may take the form of briefing, classroom training, conventional or electronic-based learning, and it may be undertaken on an individual or group basis. It may include such re-accreditation of standards as Member States consider appropriate. |
| --- | --- |

4.2.3.

The nature of periodic training may take the form of briefing, classroom training, conventional or electronic-based learning, and it may be undertaken on an individual or group basis. It may include such re-accreditation of standards as Member States consider appropriate.

| 4.2.4. | Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the periodic training requirement in relation to tests for one category satisfies the requirement for more than one category, provided the condition set out in point 4.2.5 is satisfied. |
| --- | --- |

4.2.4.

Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the periodic training requirement in relation to tests for one category satisfies the requirement for more than one category, provided the condition set out in point 4.2.5 is satisfied.

| 4.2.5. | Where an examiner has not conducted tests for a category within a 24-month period, the examiner shall undertake a suitable reassessment before being allowed to carry out driving tests relating to that category. That reassessment may be undertaken as part of the requirement set out in point 4.2.1. |
| --- | --- |

4.2.5.

Where an examiner has not conducted tests for a category within a 24-month period, the examiner shall undertake a suitable reassessment before being allowed to carry out driving tests relating to that category. That reassessment may be undertaken as part of the requirement set out in point 4.2.1.

5.   Acquired rights

| 5.1. | Member States may allow persons authorised to conduct driving tests immediately before these provisions come into force to continue to conduct driving tests, notwithstanding that they were not authorised in accordance with the general conditions in point 2 or the initial qualification process set out in point 3. |
| --- | --- |

5.1.

Member States may allow persons authorised to conduct driving tests immediately before these provisions come into force to continue to conduct driving tests, notwithstanding that they were not authorised in accordance with the general conditions in point 2 or the initial qualification process set out in point 3.

| 5.2. | Such examiners are nonetheless subject to the regular supervision and quality assurance arrangements set out in point 4. |
| --- | --- |

5.2.

Such examiners are nonetheless subject to the regular supervision and quality assurance arrangements set out in point 4.

---

(1)  OJ L 199, 31.7.1985, p. 56.

---

ANNEX V

MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR COMBINATIONS AS DEFINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 4(4)(B)

| 1. | Member States shall take the necessary measures to:






  — | approve and supervise the training provided for in Article 7(1)(d) or, |
| --- | --- | --- |

1.

Member States shall take the necessary measures to:

—

approve and supervise the training provided for in Article 7(1)(d) or,

| — | organise the test of skills and behaviour provided for in Article 7(1)(d). |
| --- | --- |

—

organise the test of skills and behaviour provided for in Article 7(1)(d).

| 2.1. | Duration of driver training






  — | at least 7 hours. |
| --- | --- | --- |

2.1.

Duration of driver training

—

at least 7 hours.

| 3. | Content of driver training
  The driver training shall cover the knowledge, skills and behaviour as described in points 2 and 7 of Annex II. Particular attention shall be paid to:






  — | vehicle movement dynamics, safety criteria, tractor vehicle and trailer (coupling mechanism), correct loading and safety fittings; |
| --- | --- | --- |

3.

Content of driver training

The driver training shall cover the knowledge, skills and behaviour as described in points 2 and 7 of Annex II. Particular attention shall be paid to:

—

vehicle movement dynamics, safety criteria, tractor vehicle and trailer (coupling mechanism), correct loading and safety fittings;

A practical component shall include the following exercises: acceleration, deceleration, reversing, braking, stopping distance, lane-changing, braking/evasive action, trailer swing, uncoupling from and re-coupling a trailer to its motor vehicle, parking;

| — | Each training participant has to perform the practical component and shall demonstrate its skills and behaviour on public roads, |
| --- | --- |

—

Each training participant has to perform the practical component and shall demonstrate its skills and behaviour on public roads,

| — | Vehicle combinations used for the training shall fall within the category of driving licence participants have applied for. |
| --- | --- |

—

Vehicle combinations used for the training shall fall within the category of driving licence participants have applied for.

| 4. | Duration and contents of the test of skills and behaviour |
| --- | --- |

4.

Duration and contents of the test of skills and behaviour

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in point 3.

---

ANNEX VI

MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR MOTORCYCLES WITHIN CATEGORY A (PROGRESSIVE ACCESS)

| 1. | Member States shall take the necessary measures to:






  — | approve and supervise the training provided for in Article 7(1)(c) or, |
| --- | --- | --- |

1.

Member States shall take the necessary measures to:

—

approve and supervise the training provided for in Article 7(1)(c) or,

| — | organise the test of skills and behaviour provided for in Article 7(1)(c). |
| --- | --- |

—

organise the test of skills and behaviour provided for in Article 7(1)(c).

| 2. | Duration of driver training






  — | at least 7 hours. |
| --- | --- | --- |

2.

Duration of driver training

—

at least 7 hours.

| 3. | Content of driver training






  — | The driver training shall contain all aspects covered in point 6 of Annex II. |
| --- | --- | --- |

3.

Content of driver training

—

The driver training shall contain all aspects covered in point 6 of Annex II.

| — | Each participant has to perform the practical components of the training and shall demonstrate its skills and behaviour on public roads. |
| --- | --- |

—

Each participant has to perform the practical components of the training and shall demonstrate its skills and behaviour on public roads.

| — | Motorcycles used for the training shall fall within the category of driving licence participants have applied for. |
| --- | --- |

—

Motorcycles used for the training shall fall within the category of driving licence participants have applied for.

| 4. | Duration and contents of the test of skills and behaviour |
| --- | --- |

4.

Duration and contents of the test of skills and behaviour

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in point 3 of this Annex.

---

ANNEX VII

Part A

REPEALED DIRECTIVE AS SUCCESSIVELY AMENDED

(referred to in Article 17)

| Council Directive 91/439/EEC (1) | (OJ L 237, 24.8.1991, p. 1) |
| --- | --- |
| Council Directive 94/72/EC | (OJ L 337, 24.12.1994, p. 86) |
| Council Directive 96/47/EC | (OJ L 235, 17.9.1996, p. 1) |
| Council Directive 97/26/EC | (OJ L 150, 7.6.1997, p. 41) |
| Commission Directive 2000/56/EC | (OJ L 237, 21.9.2000, p. 45) |
| Directive 2003/59/EC of the European Parliament and of the Council, only Article 10, paragraph 2 | (OJ L 226, 10.9.2003, p. 4) |
| Regulation (EC) No 1882/2003 of the European Parliament and of the Council, only Annex II, point 24 | (OJ L 284, 31.10.2003, p. 1) |

Council Directive 91/439/EEC (1)

(OJ L 237, 24.8.1991, p. 1)

Council Directive 94/72/EC

(OJ L 337, 24.12.1994, p. 86)

Council Directive 96/47/EC

(OJ L 235, 17.9.1996, p. 1)

Council Directive 97/26/EC

(OJ L 150, 7.6.1997, p. 41)

Commission Directive 2000/56/EC

(OJ L 237, 21.9.2000, p. 45)

Directive 2003/59/EC of the European Parliament and of the Council, only Article 10, paragraph 2

(OJ L 226, 10.9.2003, p. 4)

Regulation (EC) No 1882/2003 of the European Parliament and of the Council, only Annex II, point 24

(OJ L 284, 31.10.2003, p. 1)

Part B

DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW AND FOR APPLICATION

(referred to in Article 17)

| Directive | Deadline for transposition | Date of application |
| --- | --- | --- |
| Directive 91/439/EEC | 1st July 1994 | 1st July 1996 |
| Directive 94/72/EC | - | 1st January1995 |
| Decision 96/427/EC | - | 16 July 1996 |
| Directive 96/47/EC | 1st July 1996 | 1st July 1996 |
| Directive 97/26/EC | 1st January 1998 | 1st January 1998 |
| Directive 2000/56/EC | 30 September 2003 | 30 September 2003, 30 September 2008 (Annex II, point 6.2.5) and 30 September 2013 (Annex II point 5.2) |
| Directive 2003/59/EC | 10 September 2006 | 10 September 2008 (passenger transport) and 10 September 2009 (goods transport) |

Directive

Deadline for transposition

Date of application

Directive 91/439/EEC

1st July 1994

1st July 1996

Directive 94/72/EC

-

1st January1995

Decision 96/427/EC

-

16 July 1996

Directive 96/47/EC

1st July 1996

1st July 1996

Directive 97/26/EC

1st January 1998

1st January 1998

Directive 2000/56/EC

30 September 2003

30 September 2003, 30 September 2008 (Annex II, point 6.2.5) and 30 September 2013 (Annex II point 5.2)

Directive 2003/59/EC

10 September 2006

10 September 2008 (passenger transport) and 10 September 2009 (goods transport)

---

(1)  Directive 91/439/EEC was also amended by the following act which has not been repealed: 1994 Act of accession.

---

ANNEX VIII

CORRELATION TABLE

| Directive 91/439/EEC | This Directive |
| --- | --- |
| Article 1(1), first sentence | Article 1(1) first sentence |
| Article 1(1), second sentence | — |
| - | Article 1(2) |
| Article 1(2) | Article 2(1) |
| - | Article 2(2) |
| Article 1(3) | - |
| Article 2(1) | Article 1(1), second sentence |
| Article 2(2) | Article 3(1) |
| | Article 3(2) |
| | Article 3(3) |
| Article 2(3) | - |
| Article 2(4) | - |
| Article 3(1), first subparagraph, introductory words | Article 4(1), first sentence |
| - | Article 4(2), first indent |
| - | Article 4(2), second indent |
| Article 3(1), first subparagraph, first indent | Article 4(3), first indent |
| Article 3(1), first subparagraph, second indent | Article 4(4)(b), first subparagraph |
| Article 3(1), first subparagraph, third indent | Article 4(4)(b), second subparagraph |
| Article 3(1), first subparagraph, fourth indent | Article 4(4)(c) |
| Article 3(1), first subparagraph, fifth indent | Article 4(4)(f) |
| Article 3(1), first subparagraph, sixth indent | Article 4(4)(g) |
| Article 3(1), first subparagraph, seventh indent | Article 4(4)(j) |
| Article 3(1), first subparagraph, eighth indent | Article 4(4)(k) |
| Article 3(2), first subparagraph, introductory words | - |
| Article 3(2), first subparagraph, first indent | Article 4(3)(a) |
| Article 3(2), first subparagraph, second indent | Article 4(4)(a) |
| Article 3(2), first subparagraph, third indent | Article 4(4)(d) |
| Article 3(2), first subparagraph, fourth indent | Article 4(4)(e) |
| Article 3(2), first subparagraph, fifth indent | Article 4(4)(h) |
| Article 3(2), first subparagraph, sixth indent, introductory words | Article 4(4)(i) |
| Article 3(2), first subparagraph, sixth indent, first sub-indent | - |
| Article 3(2), first subparagraph, sixth indent, second sub-indent | - |
| Article 3(3), introductory words | - |
| Article 3(3), first indent | Article 4(1), third sentence |
| Article 3(3), second indent, first subparagraph | Article 4(3), second indent |
| Article 3(3), second indent, second subparagraph | - |
| Article 3(3), third indent | Article 4(3), first indent |
| Article 3(3), fourth indent | Article 4(4), first indent |
| Article 3(3), fifth indent | Article 4(4), second indent |
| - | Article 4(3) |
| Article 3(4) | - |
| Article 3(5) | - |
| Article 3(6) | Article 4(5), first sentence |
| - | Article 4(5), second sentence |
| Article 4 | Article 5 |
| Article 5(1) | Article 6(1) |
| Article 5(1)(a) | Article 6(1)(a) |
| Article 5(1)(b) | Article 6(1)(b) |
| Article 5(2), introductory words | Article 6(2), introductory words |
| Article 5(2)(a) | Article 6(2)(a) |
| Article 5(2)(b) | Article 6(2)(b) |
| - | Article 6(2)(c) |
| - | Article 6(2)(d) |
| - | Article 6(2)(e) |
| - | Article 6(2)(f) |
| Article 5(3) | - |
| Article 5(4) | Article 6(4) |
| Article 6(1), introductory words | Article 4(1), second sentence |
| Article 6(1)(a), first indent | Article 4(3)(a), third indent |
| Article 6(1)(a), second indent | Article 4(4)(a), second indent |
| Article 6(1)(b), first indent | Article 4(3)(b), second indent |
| | Article 4(3)(c), second indent |
| Article 6(1)(b), second indent first alternative | Article 4(4)(b), fifth subparagraph |
| Article 6(1)(b), second indent second alternative | Article 4(4)(c), second indent |
| Article 6(1)(b), third indent first and second alternative | Article 4(4)(g), second indent |
| Article 6(1)(b), third indent third and fourth alternative | Article 4(4)(e), third indent |
| Article 6(1)(c), first indent first and second alternative | Article 4(4)(k), second indent |
| Article 6(1)(c), first indent third and fourth alternative | Article 4(4)(i), second indent |
| Article 6(2) | Article 4(6), first subparagraph |
| - | Article 4(6), second subparagraph |
| Article 6(3) | Article 4(6), third and fourth subparagraphs |
| Article 7(1), introductory words | Article 7(1), introductory words |
| Article 7(1)(a) | Article 7(1)(a) |
| - | Article 7(1)(b) |
| - | Article 7(1)(c) |
| - | Article 7(1)(d) |
| Article 7(1)(b) | Article 7(1)(e) |
| Article 7(2) | - |
| Article 7(3) | - |
| - | Article 7(2) |
| - | Article 7(3) |
| Article 7(4) | Article 7(4) |
| Article 7(5) | Article 7(5)(a) |
| - | Article 7(5)(b) |
| - | Article 7(5)(c) |
| - | Article 7(5)(d) |
| Article 7 a(1) | - |
| Article 7 a(2) | Article 8 |
| Article 7 b | Article 9 |
| - | Article 10 |
| Article 8 | Article 11 |
| Article 9 | Article 12 |
| Article 10 | Article 13(1) |
| - | Article 13(2) |
| Article 11 | Article 14 |
| Article 12(1) | - |
| Article 12(2) | - |
| Article 12(3) | Article 15 |
| - | Article 16 |
| Article 13 | Article 17, first subparagraph |
| - | Article 17, second subparagraph |
| - | Article 18 |
| Article 14 | Article 19 |
| Annex I | - |
| Annex Ia | Annex I |
| Annex II | Annex II |
| Annex III | Annex III |
| - | Annex IV |
| - | Annex V |
| - | Annex VI |

Directive 91/439/EEC

This Directive

Article 1(1), first sentence

Article 1(1) first sentence

Article 1(1), second sentence

—

-

Article 1(2)

Article 1(2)

Article 2(1)

-

Article 2(2)

Article 1(3)

-

Article 2(1)

Article 1(1), second sentence

Article 2(2)

Article 3(1)

Article 3(2)

Article 3(3)

Article 2(3)

-

Article 2(4)

-

Article 3(1), first subparagraph, introductory words

Article 4(1), first sentence

-

Article 4(2), first indent

-

Article 4(2), second indent

Article 3(1), first subparagraph, first indent

Article 4(3), first indent

Article 3(1), first subparagraph, second indent

Article 4(4)(b), first subparagraph

Article 3(1), first subparagraph, third indent

Article 4(4)(b), second subparagraph

Article 3(1), first subparagraph, fourth indent

Article 4(4)(c)

Article 3(1), first subparagraph, fifth indent

Article 4(4)(f)

Article 3(1), first subparagraph, sixth indent

Article 4(4)(g)

Article 3(1), first subparagraph, seventh indent

Article 4(4)(j)

Article 3(1), first subparagraph, eighth indent

Article 4(4)(k)

Article 3(2), first subparagraph, introductory words

-

Article 3(2), first subparagraph, first indent

Article 4(3)(a)

Article 3(2), first subparagraph, second indent

Article 4(4)(a)

Article 3(2), first subparagraph, third indent

Article 4(4)(d)

Article 3(2), first subparagraph, fourth indent

Article 4(4)(e)

Article 3(2), first subparagraph, fifth indent

Article 4(4)(h)

Article 3(2), first subparagraph, sixth indent, introductory words

Article 4(4)(i)

Article 3(2), first subparagraph, sixth indent, first sub-indent

-

Article 3(2), first subparagraph, sixth indent, second sub-indent

-

Article 3(3), introductory words

-

Article 3(3), first indent

Article 4(1), third sentence

Article 3(3), second indent, first subparagraph

Article 4(3), second indent

Article 3(3), second indent, second subparagraph

-

Article 3(3), third indent

Article 4(3), first indent

Article 3(3), fourth indent

Article 4(4), first indent

Article 3(3), fifth indent

Article 4(4), second indent

-

Article 4(3)

Article 3(4)

-

Article 3(5)

-

Article 3(6)

Article 4(5), first sentence

-

Article 4(5), second sentence

Article 4

Article 5

Article 5(1)

Article 6(1)

Article 5(1)(a)

Article 6(1)(a)

Article 5(1)(b)

Article 6(1)(b)

Article 5(2), introductory words

Article 6(2), introductory words

Article 5(2)(a)

Article 6(2)(a)

Article 5(2)(b)

Article 6(2)(b)

-

Article 6(2)(c)

-

Article 6(2)(d)

-

Article 6(2)(e)

-

Article 6(2)(f)

Article 5(3)

-

Article 5(4)

Article 6(4)

Article 6(1), introductory words

Article 4(1), second sentence

Article 6(1)(a), first indent

Article 4(3)(a), third indent

Article 6(1)(a), second indent

Article 4(4)(a), second indent

Article 6(1)(b), first indent

Article 4(3)(b), second indent

Article 4(3)(c), second indent

Article 6(1)(b), second indent first alternative

Article 4(4)(b), fifth subparagraph

Article 6(1)(b), second indent second alternative

Article 4(4)(c), second indent

Article 6(1)(b), third indent first and second alternative

Article 4(4)(g), second indent

Article 6(1)(b), third indent third and fourth alternative

Article 4(4)(e), third indent

Article 6(1)(c), first indent first and second alternative

Article 4(4)(k), second indent

Article 6(1)(c), first indent third and fourth alternative

Article 4(4)(i), second indent

Article 6(2)

Article 4(6), first subparagraph

-

Article 4(6), second subparagraph

Article 6(3)

Article 4(6), third and fourth subparagraphs

Article 7(1), introductory words

Article 7(1), introductory words

Article 7(1)(a)

Article 7(1)(a)

-

Article 7(1)(b)

-

Article 7(1)(c)

-

Article 7(1)(d)

Article 7(1)(b)

Article 7(1)(e)

Article 7(2)

-

Article 7(3)

-

-

Article 7(2)

-

Article 7(3)

Article 7(4)

Article 7(4)

Article 7(5)

Article 7(5)(a)

-

Article 7(5)(b)

-

Article 7(5)(c)

-

Article 7(5)(d)

Article 7 a(1)

-

Article 7 a(2)

Article 8

Article 7 b

Article 9

-

Article 10

Article 8

Article 11

Article 9

Article 12

Article 10

Article 13(1)

-

Article 13(2)

Article 11

Article 14

Article 12(1)

-

Article 12(2)

-

Article 12(3)

Article 15

-

Article 16

Article 13

Article 17, first subparagraph

-

Article 17, second subparagraph

-

Article 18

Article 14

Article 19

Annex I

-

Annex Ia

Annex I

Annex II

Annex II

Annex III

Annex III

-

Annex IV

-

Annex V

-

Annex VI

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

The Commission adopted its proposal on 21 October 2003.

On 23 February 2005, the European Parliament adopted its opinion in first reading.

On 18 September 2006 the Council adopted its common position in accordance with Article 251 of the Treaty.

In carrying out its work, the Council also took account of the opinion of the European Economic and Social Committee (1).

II.   ANALYSIS OF THE COMMON POSITION

The common position reflects the outcome of informal contacts between the European Parliament, the Commission and the Council. Although the proposal has been restructured to make it more logical and readable, in essence the common position text retains all the principal elements proposed by the Commission.

However, certain modifications have been agreed, reflecting either concerns raised by the Parliament in its first reading (i.e. the issue of mandatory exchange of all existing driving licences) or issues raised by the Council.

The common position, as it stands today, follows the aim of the three institutions to recast the existing Directive and to add the necessary provisions in order to meet the requirements of an extremely mobile society in an enlarged European Union (i.e. one document type throughout the Community) while increasing anti-fraud measures and improving road safety. The common position therefore addresses the following key issues:

| — | The reclassification of vehicle-trailer combinations (art. 4.4.b et al.); |
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—

The reclassification of vehicle-trailer combinations (art. 4.4.b et al.);

| — | The access regime to motorcycles (art. 4.3 et al.); |
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—

The access regime to motorcycles (art. 4.3 et al.);

| — | The one person one licence approach (art. 7.5 and art. 11.4); |
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—

The one person one licence approach (art. 7.5 and art. 11.4);

| — | The issue of the obligatory exchange of all existing driving licences documents (art. 3.3 et al.). |
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—

The issue of the obligatory exchange of all existing driving licences documents (art. 3.3 et al.).

(i)   The reclassification of vehicle-trailer combinations

As regards trailer combinations within category B, the Commission proposed to shift all combinations with trailers above 750 kg to category BE. The Parliament and the Council considered such a provision as too strict, given that a considerable number of ‘light’ camping trailers already surpass such weight limit due to their interior design. However, in order to meet road safety concerns and at the same time to avoid additional burden for the citizen, the two co-legislators decided to introduce a provision allowing a maximum authorized mass of 4 250 kg for vehicle and trailer combinations in category B. In case such a combination exceeds 3 500 kg, national authorities shall require additional training or the passing of a test of skills and behaviour or both. The requirements for the training and the practical test are laid down in a new Annex to the Directive (Annex V).

With this provision, and while respecting the type approval rules for vehicles, the Parliament and the Council assure that:

| — | the tractor vehicle remains within the 3 500 kg limit, |
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—

the tractor vehicle remains within the 3 500 kg limit,

| — | the existing 4 250 kg maximum mass (3 500 kg + 750 kg) is not surpassed, |
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—

the existing 4 250 kg maximum mass (3 500 kg + 750 kg) is not surpassed,

while the combination itself is being made more flexible and transparent for the citizen.

With regard to category BE, the two co-legislators agreed to allow a maximum authorised mass of 3 500 kg for the trailer. Combinations with a towing vehicle in category B and a trailer exceeding 3 500 kg can only be driven with a category C1E.

(ii)   The access regime to motorcycles

In the light of improving road safety and to make an equation between mobility and safety, the three institutions reached agreement on the principle of progressive access to motorcycles and on the age for mutual recognition of licences. The three institutions also decided to introduce a special category for mopeds (category AM), for which a licence can be obtained at the age of 16 years after having passed a theory test. Member States may impose further requirements and may decide to integrate category AM into the philosophy of progressive access if they wish.

As for further improving road safety and reducing the high number of accidents among young or novice motorcycle riders, the Parliament and the Council followed the Commission's principle of a staged (or progressive) access to motorcycles of higher specification. Therefore, they fixed the minimum age for motorcycles in category A1 (light motorcycles) at 16 years and for category A2 (medium size/weight motorcycles) at 18 years. The 2 years age difference must also be respected if a Member State decides to grant direct access to category A1 only at the age of 17 or 18 years. If the applicant has acquired a 2 year experience on category A1, he has to pass a test of skills and behaviour or complete a training in order to ride motorcycles in category A2.

The minimum age for category A (heavy motorcycles) is fixed at 20 years under the condition that the applicant has acquired a two years' experience on a motorcycle of category A2 and passed a test of skills and behaviour or completed a training.

For direct access to the most powerful motorcycles, the three institutions decided not to apply the philosophy of progressive access and to set the unique minimum age of 24 years throughout the Community, thus taking into account the lack of the applicant's experience.

(iii)   The ‘one person one licence’ approach

Driving licence fraud has become a well known phenomenon among the police authorities of the Member States. The various types of fraud range from trafficking the document itself, to unlawful obtaining of duplicates and the obtaining of a new licence in a different Member State while being banned from driving in the ‘home’ Member State.

Therefore, the Parliament and the Council fully support the Commission's approach of ‘one person — one licence’ in order to prevent these kinds of fraud in the future. The common position thus reconfirms the principle that one person can only hold one driving licence. It also introduces, in addition to the obligatory regular administrative renewal of the document, new provisions which oblige a Member State:

| — | to refuse to issue a licence where it establishes that the applicant already holds a driving licence; |
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—

to refuse to issue a licence where it establishes that the applicant already holds a driving licence;

| — | and, as regards the issue, replacement, renewal or exchange of a driving licence, verify with other Member States if there are reasonable grounds to suspect that the applicant already holds a driving licence. |
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—

and, as regards the issue, replacement, renewal or exchange of a driving licence, verify with other Member States if there are reasonable grounds to suspect that the applicant already holds a driving licence.

Member States will also be obliged to refuse to issue or to recognize the validity of a driving licence to a person whose licence is restricted, suspended or withdrawn in another Member State.

In order to improve the cooperation among the authorities of the Member States and to facilitate the checks, the three institutions agreed on the creation of a communication network for driving licences.

The common position, as it stands, also contains minimum standards safeguarding a high level of protection of the driving licence document and a provision allowing the Member States to insert a microchip in the licence.

(iv)   The obligatory exchange of all existing driving licences documents

In its proposal, the Commission introduced a new driving licence model which should — on the long run — be the only model in circulation within the Community. The Commission also presented provisions introducing a limited administrative validity for all new licences issued after the entry into force of this Directive. This limited administrative validity would be applicable to all categories of vehicles. The Commission proposal did not provide for a mandatory exchange of existing licences.

Whilst agreeing to the new Community driving licence model and to the compulsory renewal of the document, the Parliament and the Council decided to go one step further and to agree on a provision stipulating that all driving licence documents issued before the date of application of the current Directive and which are still valid and in circulation, will have to be replaced by the new driving licence model 26 years after the entry into force of this Directive at the latest. By doing so, the two co-legislators make sure that — as from a certain moment — there will be one single driving licence model in use throughout the Community.

(v)   Other issues

Introduction of a power/weight criterion for light motorcycles

Following a provision proposed by the Commission, the two co-legislators agreed to introduce a power/weight ratio not exceeding 0,1 kW/kg for light motorcycles (category A1). This measure will prevent the construction of extremely light vehicles with high acceleration and top speed possibilities, and thus have a considerable effect on the safety of young or novice motorcycle riders.

New technical characteristics for medium-weight motorcycles

In order to avoid the ‘downtuning’ of heavy motorcycles, and thus lowering the risk of accidents, the Parliament and the Council decided to follow the Commission's proposal to introduce an additional provision for ‘A2’ motorcycles stating that vehicles in this category cannot be derived from a vehicle of more than double its power.

Introduction of a new driving licence model

In order to enhance the protection against fraud and to reduce the number of licence models in circulation, the Parliament and the Council decided on the phasing-out of the paper Community driving licence model. Upon entry into force of the new legislation, the only Community driving licence model to be issued shall be a plastic card type, similar in shape and size to credit cards, which will allow for greater document safety and better protection against all attempts of forgery.

Minimum requirements for driving examiners

The existing Community legislation does not provide for set standards on the training and education of driving examiners which vary widely throughout the Union. Therefore the Commission decided to propose harmonised minimum requirements for examiners in order to arrive at comparable driving test results in the Community. The Parliament and the Council decided to follow the Commission and agreed on the introduction of basic conditions for entering the profession of driving examiners and on setting minimum standards for their initial qualification and regular training. Such harmonised provisions should also lead to an increase in road safety as they will help maintain the examiners' skills and experience in a fast changing technical environment.

III.   CONCLUSION

The common position on this Directive retains all the principal elements of the Commission proposal, adjusted in a balanced and appropriate manner to reflect the concerns of the Parliament and the Council. It is the result of contacts between the three institutions involved in the framework of the Joint Declaration on practical arrangements for the new co-decision procedure (2).

The Council has noted the undertaking given by the president of the Parliament's TRAN Committee, in the context of these contacts, to recommend this text for approval by the Parliament without amendment in second reading, following which the Directive will be deemed to have been adopted in accordance with the common position.

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(1)  OJ C 112, 30.4.2004, p. 34. The Committee of the Regions decided not to deliver an opinion on the Commission proposal.

(2)  OJ C 148, 28.5.1999, p.1.

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| 5.12.2006 | EN | Official Journal of the European Union | CE 295/48 |
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5.12.2006

EN

Official Journal of the European Union

CE 295/48

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COMMON POSITION (EC) No 24/2006

adopted by the Council on 18 September 2006

with a view to the adoption of Recommendation 2006/.../EC of the European Parliament and of the Council of ... on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry

(2006/C 295 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 157 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure referred to in Article 251 of the Treaty (2),

Whereas:

| (1) | The Charter of Fundamental Rights of the European Union (3) (‘the Charter’) declares in Article 1 the inviolability of human dignity, providing that it must be respected and protected. Article 24 of the Charter provides that children have the right to such protection and care as is necessary for their well-being and that in all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration. |
| --- | --- |

(1)

The Charter of Fundamental Rights of the European Union (3) (‘the Charter’) declares in Article 1 the inviolability of human dignity, providing that it must be respected and protected. Article 24 of the Charter provides that children have the right to such protection and care as is necessary for their well-being and that in all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration.

| (2) | The European Union should gear its political action to preventing any form of violation of the principle of respect for human dignity. |
| --- | --- |

(2)

The European Union should gear its political action to preventing any form of violation of the principle of respect for human dignity.

| (3) | Legislative measures need to be enacted at Union level on the protection of the physical, mental and moral development of minors in relation to the content of all audiovisual and information services and the protection of minors from access to inappropriate adult programmes or services. |
| --- | --- |

(3)

Legislative measures need to be enacted at Union level on the protection of the physical, mental and moral development of minors in relation to the content of all audiovisual and information services and the protection of minors from access to inappropriate adult programmes or services.

| (4) | The constant development of new information and communication technologies makes it urgent for the Community to ensure full and adequate protection for citizens' interests in this field on the one hand, by guaranteeing the free delivery and free provision of information services and, on the other hand, by ensuring that their content is legal, respects the principle of human dignity and does not impair the overall development of minors. |
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(4)

The constant development of new information and communication technologies makes it urgent for the Community to ensure full and adequate protection for citizens' interests in this field on the one hand, by guaranteeing the free delivery and free provision of information services and, on the other hand, by ensuring that their content is legal, respects the principle of human dignity and does not impair the overall development of minors.

| (5) | The Community has already intervened in the field of audiovisual and information services in order to create the necessary conditions to ensure the free movement of television broadcasts and other information services, in compliance with the principles of free competition and freedom of expression and information, but it should act with greater determination in this area with the aim of adopting measures to protect consumers from incitement to discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and of combating any such discrimination. Such action should strike a balance between the protection of individual rights on the one hand and freedom of expression on the other, in particular with respect to Member States' responsibility for defining the notion of incitement to hatred or discrimination in accordance with their national legislation and moral values. |
| --- | --- |

(5)

The Community has already intervened in the field of audiovisual and information services in order to create the necessary conditions to ensure the free movement of television broadcasts and other information services, in compliance with the principles of free competition and freedom of expression and information, but it should act with greater determination in this area with the aim of adopting measures to protect consumers from incitement to discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and of combating any such discrimination. Such action should strike a balance between the protection of individual rights on the one hand and freedom of expression on the other, in particular with respect to Member States' responsibility for defining the notion of incitement to hatred or discrimination in accordance with their national legislation and moral values.

| (6) | Council Recommendation 98/560/EC of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity (4) is the first legal instrument at Community level which in its recital (5) addresses issues of the protection of minors and of human dignity in relation to audiovisual and information services made available to the public, whatever the means of conveyance. Article 22 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (5) (‘Television without Frontiers Directive’) has already specifically addressed the question of the protection of minors and human dignity in television broadcasting activities. |
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(6)

Council Recommendation 98/560/EC of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity (4) is the first legal instrument at Community level which in its recital (5) addresses issues of the protection of minors and of human dignity in relation to audiovisual and information services made available to the public, whatever the means of conveyance. Article 22 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (5) (‘Television without Frontiers Directive’) has already specifically addressed the question of the protection of minors and human dignity in television broadcasting activities.

| (7) | It is suggested that the Council and the Commission should pay special attention to the implementation of this Recommendation when revising, negotiating or concluding new partnership agreements or new cooperation programmes with third countries, bearing in mind the global character of producers, distributors or providers of audiovisual content and Internet access. |
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(7)

It is suggested that the Council and the Commission should pay special attention to the implementation of this Recommendation when revising, negotiating or concluding new partnership agreements or new cooperation programmes with third countries, bearing in mind the global character of producers, distributors or providers of audiovisual content and Internet access.

| (8) | By Decision No 276/1999/EC (6), the European Parliament and the Council adopted a multiannual Community Action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks (the ‘Safer Internet Action Plan’). |
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(8)

By Decision No 276/1999/EC (6), the European Parliament and the Council adopted a multiannual Community Action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks (the ‘Safer Internet Action Plan’).

| (9) | Decision No 1151/2003/EC of the European Parliament and of the Council (7) extended the Safer Internet Action Plan for two years and amended its scope to include measures to encourage exchange of information and coordination with the relevant actors at national level as well as special provisions for the accession countries. |
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(9)

Decision No 1151/2003/EC of the European Parliament and of the Council (7) extended the Safer Internet Action Plan for two years and amended its scope to include measures to encourage exchange of information and coordination with the relevant actors at national level as well as special provisions for the accession countries.

| (10) | Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (8) clarifies some legal concepts and harmonises certain aspects in order to enable information society services to fully benefit from the internal market principles. A number of the provisions of Directive 2000/31/EC are also relevant to the protection of minors and human dignity, in particular Article 16(1)(e), according to which Member States and the Commission are to encourage the drawing up of codes of conduct regarding the protection of minors and human dignity. |
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(10)

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (8) clarifies some legal concepts and harmonises certain aspects in order to enable information society services to fully benefit from the internal market principles. A number of the provisions of Directive 2000/31/EC are also relevant to the protection of minors and human dignity, in particular Article 16(1)(e), according to which Member States and the Commission are to encourage the drawing up of codes of conduct regarding the protection of minors and human dignity.

| (11) | The changing media landscape, resulting from new technologies and media innovation, makes it necessary to teach children, and also parents, teachers and trainers to use audiovisual and on-line information services effectively. |
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(11)

The changing media landscape, resulting from new technologies and media innovation, makes it necessary to teach children, and also parents, teachers and trainers to use audiovisual and on-line information services effectively.

| (12) | On the whole, self-regulation of the audiovisual sector is proving an effective additional measure, but it is not sufficient to protect minors from messages with harmful content. The development of a European audiovisual area based on freedom of expression and respect for citizens' rights should be based on continuous dialogue between national and European legislators, regulatory authorities, industries, associations, citizens and civil society. |
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(12)

On the whole, self-regulation of the audiovisual sector is proving an effective additional measure, but it is not sufficient to protect minors from messages with harmful content. The development of a European audiovisual area based on freedom of expression and respect for citizens' rights should be based on continuous dialogue between national and European legislators, regulatory authorities, industries, associations, citizens and civil society.

| (13) | In the public consultation concerning Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (9), it was suggested that the need to adopt measures in relation to media literacy be included among the subjects covered by Recommendation 98/560/EC. |
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(13)

In the public consultation concerning Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (9), it was suggested that the need to adopt measures in relation to media literacy be included among the subjects covered by Recommendation 98/560/EC.

| (14) | The Commission encourages cooperation and the sharing of experience and best practices between existing self- and co-regulatory bodies, which deal with the rating or classification of audiovisual content, regardless of the means by which it is delivered, with a view to enabling all users, but especially parents, teachers and trainers, to report illegal content and assess the content of audiovisual and on-line information services, as well as any legal content which could harm the physical, mental or moral development of minors. |
| --- | --- |

(14)

The Commission encourages cooperation and the sharing of experience and best practices between existing self- and co-regulatory bodies, which deal with the rating or classification of audiovisual content, regardless of the means by which it is delivered, with a view to enabling all users, but especially parents, teachers and trainers, to report illegal content and assess the content of audiovisual and on-line information services, as well as any legal content which could harm the physical, mental or moral development of minors.

| (15) | As suggested during the public consultation concerning Directive 97/36/EC, it is appropriate for the right of reply or equivalent remedies to apply to on-line media, and to take into account the specific features of the medium and service concerned. |
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(15)

As suggested during the public consultation concerning Directive 97/36/EC, it is appropriate for the right of reply or equivalent remedies to apply to on-line media, and to take into account the specific features of the medium and service concerned.

| (16) | The Council Resolution of 5 October 1995 on the image of women and men portrayed in advertising and the media (10) invites the Member States and the Commission to take adequate measures to promote a diversified and realistic picture of the skills and potential of women and men in society. |
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(16)

The Council Resolution of 5 October 1995 on the image of women and men portrayed in advertising and the media (10) invites the Member States and the Commission to take adequate measures to promote a diversified and realistic picture of the skills and potential of women and men in society.

| (17) | When tabling its proposal for a Council Directive implementing the principle of equal treatment between men and women in the access to and supply of goods and services, the Commission noted that the portrayal of the sexes in the media and in advertising raises important questions about the protection of the dignity of men and women, but concluded that, in the light of other fundamental rights, including the freedom and pluralism of the media, it would not be appropriate to address these questions in that proposal but that it should take stock of these questions. |
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(17)

When tabling its proposal for a Council Directive implementing the principle of equal treatment between men and women in the access to and supply of goods and services, the Commission noted that the portrayal of the sexes in the media and in advertising raises important questions about the protection of the dignity of men and women, but concluded that, in the light of other fundamental rights, including the freedom and pluralism of the media, it would not be appropriate to address these questions in that proposal but that it should take stock of these questions.

| (18) | The audiovisual and on-line information services industry should be encouraged at Member State level to avoid and to combat any type of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in such media and all advertising, including new advertising techniques, without infringing freedom of expression or of the press. |
| --- | --- |

(18)

The audiovisual and on-line information services industry should be encouraged at Member State level to avoid and to combat any type of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in such media and all advertising, including new advertising techniques, without infringing freedom of expression or of the press.

| (19) | This Recommendation covers new technological developments and complements Recommendation 98/560/EC. Its scope, on account of technological advances, includes audiovisual and on-line information services made available to the public via fixed or mobile electronic networks. |
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(19)

This Recommendation covers new technological developments and complements Recommendation 98/560/EC. Its scope, on account of technological advances, includes audiovisual and on-line information services made available to the public via fixed or mobile electronic networks.

| (20) | Nothing in this Recommendation prevents Member States from applying their constitutional provisions and other legislation and legal practices regarding freedom of expression, |
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(20)

Nothing in this Recommendation prevents Member States from applying their constitutional provisions and other legislation and legal practices regarding freedom of expression,

HEREBY RECOMMEND THAT:

I.   The Member States, in the interests of promoting the development of the audiovisual and on-line information services industry, take the necessary measures to ensure the protection of minors and human dignity in all audiovisual and on-line information services by:

| 1. | considering the introduction of measures into their domestic law or practice regarding the right of reply or equivalent remedies in relation to on-line media, with due regard for their domestic and constitutional legislative provisions, and without prejudice to the possibility of adapting the manner in which it is exercised to take into account the particularities of each type of medium; |
| --- | --- |

1.

considering the introduction of measures into their domestic law or practice regarding the right of reply or equivalent remedies in relation to on-line media, with due regard for their domestic and constitutional legislative provisions, and without prejudice to the possibility of adapting the manner in which it is exercised to take into account the particularities of each type of medium;

| 2. | promoting, in order to encourage the take-up of technological developments, in addition to and consistently with existing legal and other measures regarding broadcasting services, and in close cooperation with the parties concerned:






  (a) | action to enable minors to make responsible use of audiovisual and on-line information services, notably by improving the level of awareness among parents, teachers and trainers of the potential of the new services and of the means whereby they may be made safe for minors, in particular through media literacy or media education programmes and, for instance, by continuous training within school education, |
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2.

promoting, in order to encourage the take-up of technological developments, in addition to and consistently with existing legal and other measures regarding broadcasting services, and in close cooperation with the parties concerned:

(a)

action to enable minors to make responsible use of audiovisual and on-line information services, notably by improving the level of awareness among parents, teachers and trainers of the potential of the new services and of the means whereby they may be made safe for minors, in particular through media literacy or media education programmes and, for instance, by continuous training within school education,

| (b) | action to facilitate, where appropriate and necessary, the identification of, and access to, quality content and services for minors, including through the provision of means of access in educational establishments and public places, |
| --- | --- |

(b)

action to facilitate, where appropriate and necessary, the identification of, and access to, quality content and services for minors, including through the provision of means of access in educational establishments and public places,

| (c) | action to inform citizens more about the possibilities offered by the Internet; |
| --- | --- |

(c)

action to inform citizens more about the possibilities offered by the Internet;

examples of possible actions concerning media literacy are outlined in Annex II;

| 3. | promoting a responsible attitude on the part of professionals, intermediaries and users of new communication media such as the Internet by:






  (a) | encouraging the audiovisual and on-line information services industry, without infringing freedom of expression or of the press, to avoid all discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, in all audiovisual and on-line information services, and to combat such discrimination, |
| --- | --- | --- |

3.

promoting a responsible attitude on the part of professionals, intermediaries and users of new communication media such as the Internet by:

(a)

encouraging the audiovisual and on-line information services industry, without infringing freedom of expression or of the press, to avoid all discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, in all audiovisual and on-line information services, and to combat such discrimination,

| (b) | encouraging vigilance and the reporting of pages considered illegal, without prejudice to Directive 2000/31/EC, |
| --- | --- |

(b)

encouraging vigilance and the reporting of pages considered illegal, without prejudice to Directive 2000/31/EC,

| (c) | drawing up a code of conduct in cooperation with professionals and regulatory authorities at national and Community level; |
| --- | --- |

(c)

drawing up a code of conduct in cooperation with professionals and regulatory authorities at national and Community level;

| 4. | promoting measures to combat all illegal activities harmful to minors on the Internet and make the Internet a much more secure medium; consideration could be given inter alia to the following measures:






  (a) | adopting a quality label for service providers, so that users can easily check whether or not a given provider subscribes to a code of conduct, |
| --- | --- | --- |

4.

promoting measures to combat all illegal activities harmful to minors on the Internet and make the Internet a much more secure medium; consideration could be given inter alia to the following measures:

(a)

adopting a quality label for service providers, so that users can easily check whether or not a given provider subscribes to a code of conduct,

| (b) | establishing appropriate means for the reporting of illegal and/or suspicious activities on the Internet. |
| --- | --- |

(b)

establishing appropriate means for the reporting of illegal and/or suspicious activities on the Internet.

II.   The audiovisual and on-line information services industry and other parties concerned:

| 1. | develop positive measures for the benefit of minors, including initiatives to facilitate their wider access to audiovisual and on-line information services, while avoiding potentially harmful content, for instance by means of filtering systems. Such measures could include harmonisation through cooperation between the regulatory, self-regulatory and co-regulatory bodies of the Member States, and through the exchange of best practices concerning such issues as a system of common descriptive symbols or warning messages indicating the age category and/or which aspects of the content have led to a certain age recommendation, which would help users to assess the content of audiovisual and on-line information services. This could take place, for instance, through the actions outlined in Annex III; |
| --- | --- |

1.

develop positive measures for the benefit of minors, including initiatives to facilitate their wider access to audiovisual and on-line information services, while avoiding potentially harmful content, for instance by means of filtering systems. Such measures could include harmonisation through cooperation between the regulatory, self-regulatory and co-regulatory bodies of the Member States, and through the exchange of best practices concerning such issues as a system of common descriptive symbols or warning messages indicating the age category and/or which aspects of the content have led to a certain age recommendation, which would help users to assess the content of audiovisual and on-line information services. This could take place, for instance, through the actions outlined in Annex III;

| 2. | examine the possibility of creating filters which would prevent information offending against human dignity from passing through the Internet; |
| --- | --- |

2.

examine the possibility of creating filters which would prevent information offending against human dignity from passing through the Internet;

| 3. | develop measures to increase the use of content labelling systems for material distributed over the Internet; |
| --- | --- |

3.

develop measures to increase the use of content labelling systems for material distributed over the Internet;

| 4. | consider effective means of avoiding and combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in audiovisual and on-line information services and of promoting a diversified and realistic picture of the skills and potential of men and women in society. |
| --- | --- |

4.

consider effective means of avoiding and combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in audiovisual and on-line information services and of promoting a diversified and realistic picture of the skills and potential of men and women in society.

TAKE NOTE THAT THE COMMISSION:

| 1. | Intends to promote, in connection with the 2005-2008 multiannual Community programme on promoting safer use of the Internet and new on-line technologies, information actions aimed at citizens Europe-wide using all communications media, to inform the public about the benefits and possible risks of the Internet, how to use it responsibly and safely, how to make complaints and how to activate parental control. Specific campaigns could be aimed at target groups such as schools, parents' associations and users; |
| --- | --- |

1.

Intends to promote, in connection with the 2005-2008 multiannual Community programme on promoting safer use of the Internet and new on-line technologies, information actions aimed at citizens Europe-wide using all communications media, to inform the public about the benefits and possible risks of the Internet, how to use it responsibly and safely, how to make complaints and how to activate parental control. Specific campaigns could be aimed at target groups such as schools, parents' associations and users;

| 2. | intends to explore the possibility of introducing a European freephone number or of extending an existing service to assist Internet users by directing them to available complaint mechanisms and information resources and providing information for parents about the effectiveness of filtering software; |
| --- | --- |

2.

intends to explore the possibility of introducing a European freephone number or of extending an existing service to assist Internet users by directing them to available complaint mechanisms and information resources and providing information for parents about the effectiveness of filtering software;

| 3. | intends to explore the possibility of supporting the establishment of a generic second level domain name reserved for monitored sites committed to respecting minors and their rights, such as .KID.eu; |
| --- | --- |

3.

intends to explore the possibility of supporting the establishment of a generic second level domain name reserved for monitored sites committed to respecting minors and their rights, such as .KID.eu;

| 4. | continues to maintain a constructive and ongoing dialogue with content providers' organisations, consumer organisations and all parties concerned; |
| --- | --- |

4.

continues to maintain a constructive and ongoing dialogue with content providers' organisations, consumer organisations and all parties concerned;

| 5. | intends to facilitate and support the formation of networks by self-regulatory bodies and the exchanging of experience among them, so as to assess the effectiveness of codes of conduct and approaches based on self-regulation in order to ensure the highest possible standards of protection for minors; |
| --- | --- |

5.

intends to facilitate and support the formation of networks by self-regulatory bodies and the exchanging of experience among them, so as to assess the effectiveness of codes of conduct and approaches based on self-regulation in order to ensure the highest possible standards of protection for minors;

| 6. | intends to submit to the European Parliament and the Council, on the basis of information supplied by the Member States, a report on the implementation and effectiveness of the measures specified in this Recommendation, and to review this Recommendation if and when the need arises. |
| --- | --- |

6.

intends to submit to the European Parliament and the Council, on the basis of information supplied by the Member States, a report on the implementation and effectiveness of the measures specified in this Recommendation, and to review this Recommendation if and when the need arises.

Done at ..., on ...

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 221, 8.9.2005, p. 87.

1

(2)  Opinion of the European Parliament of 7 September 2005 (OJ C 193 E, 17.8.2006, p. 217), Council Common Position of 18 September 2006 and Position of the European Parliament of ... (not yet published in the Official Journal).

2

(3)  OJ C 364, 18.12.2000, p. 1.

3

(4)  OJ L 270, 7.10.1998, p. 48.

4

(5)  OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

5

(6)  Decision No 276/1999/EC of the European Parliament and of the Council of 25 January 1999 adopting a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks (OJ L 33, 6.2.1999, p. 1). Decision as last amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12).

6

(7)  Decision No 1151/2003/EC of the European Parliament and of the Council of 16 June 2003 amending Decision No 276/1999/EC adopting a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks (OJ L 162, 1.7.2003, p. 1).

7

(8)  OJ L 178, 17.7.2000, p. 1.

8

(9)  OJ L 202, 30.7.1997, p. 60.

9

(10)  OJ C 296, 10.11.1995, p. 15.

10

---

ANNEX I

INDICATIVE GUIDELINES FOR THE IMPLEMENTATION, AT NATIONAL LEVEL, OF MEASURES IN DOMESTIC LAW OR PRACTICE SO AS TO ENSURE THE RIGHT OF REPLY OR EQUIVALENT REMEDIES IN RELATION TO ON-LINE MEDIA

Objective: introducing measures in the domestic law or practice of the Member States in order to ensure the right of reply or equivalent remedies in relation to on-line media, with due regard for their domestic and constitutional provisions and without prejudice to the possibility of adjusting its exercise to the particularities of each type of medium.

The term ‘medium’ refers to any means of communication for dissemination to the public of edited information on-line such as newspapers, periodicals, radio, television and Internet-based news services.

Without prejudice to other provisions adopted by the Member States under civil, administrative or criminal law, any natural or legal person, regardless of nationality, whose legitimate interests, in particular, but not limited to, reputation and good name, have been affected by an assertion of facts in a publication or transmission should have the right of reply or equivalent remedies. Member States should ensure that the actual exercise of the right of reply or equivalent remedies is not hindered by the imposition of unreasonable terms or conditions.

The right of reply or equivalent remedies should exist in relation to on-line media under the jurisdiction of a Member State.

Member States should adopt the measures needed to establish the right of reply or equivalent remedies and should determine the procedure to be followed for the exercise thereof. In particular, they should ensure that a sufficient time span is allowed and that the procedures are such that the right of reply or equivalent remedies can be exercised appropriately by natural or legal persons resident or established in other Member States.

The right of reply can be ensured not only through legislation, but also through co-regulatory or self-regulatory measures.

The right of reply is a particularly appropriate remedy in the on-line environment because it allows for an instant response to contested information and it is technically easy to attach the replies from the persons affected. However, the reply should be within a reasonable time after the request has been substantiated and at a time and in a manner appropriate to the publication or transmission to which the request refers.

Provision should be made for procedures whereby disputes as to the exercise of the right of reply or the equivalent remedies could be subject to review by the courts or similar independent bodies.

An application for exercise of right of reply or the equivalent remedies may be rejected if the claimant does not have a legitimate interest in the publication of such a reply, or if the reply would involve a punishable act, would render the content provider liable to civil law proceedings or would transgress standards of public decency.

The right of reply is without prejudice to other remedies available to persons whose right to dignity, honour, reputation or privacy have been breached by the media.

---

ANNEX II

Examples of possible actions concerning media literacy:

| (a) | continuing education of teachers and trainers, in liaison with child protection associations, on using the Internet in the context of school education so as to maintain awareness of the possible risks of the Internet with particular regard to chatrooms and fora; |
| --- | --- |

(a)

continuing education of teachers and trainers, in liaison with child protection associations, on using the Internet in the context of school education so as to maintain awareness of the possible risks of the Internet with particular regard to chatrooms and fora;

| (b) | introduction of specific Internet training aimed at children from a very early age, including sessions open to parents; |
| --- | --- |

(b)

introduction of specific Internet training aimed at children from a very early age, including sessions open to parents;

| (c) | an integrated educational approach forming part of school curricula and media literacy programmes, so as to provide information on using the Internet responsibly; |
| --- | --- |

(c)

an integrated educational approach forming part of school curricula and media literacy programmes, so as to provide information on using the Internet responsibly;

| (d) | organisation of national campaigns aimed at citizens, involving all communications media, to provide information on using the Internet responsibly; |
| --- | --- |

(d)

organisation of national campaigns aimed at citizens, involving all communications media, to provide information on using the Internet responsibly;

| (e) | distribution of information packs on possible risks of the Internet (‘how to surf the Internet safely’, ‘how to filter unwanted messages’) and the setting up of hotlines to which reports or complaints concerning harmful or illegal content could be addressed; |
| --- | --- |

(e)

distribution of information packs on possible risks of the Internet (‘how to surf the Internet safely’, ‘how to filter unwanted messages’) and the setting up of hotlines to which reports or complaints concerning harmful or illegal content could be addressed;

| (f) | adequate measures to establish or improve the performance of telephone hotlines, so as to make it easier to lodge complaints and to make it possible to report harmful or illegal content. |
| --- | --- |

(f)

adequate measures to establish or improve the performance of telephone hotlines, so as to make it easier to lodge complaints and to make it possible to report harmful or illegal content.

---

ANNEX III

Examples of possible actions by the industries and the parties concerned for the benefit of minors:

| (a) | systematically providing users with an effective, updatable and easy-to-use filtering system when they subscribe to an access provider; |
| --- | --- |

(a)

systematically providing users with an effective, updatable and easy-to-use filtering system when they subscribe to an access provider;

| (b) | offering access to services specifically intended for children which are equipped with automatic filtering systems operated by access providers and mobile telephone operators; |
| --- | --- |

(b)

offering access to services specifically intended for children which are equipped with automatic filtering systems operated by access providers and mobile telephone operators;

| (c) | introducing incentives to provide a regularly updated description of the sites available, making it easier to classify sites and assess their content; |
| --- | --- |

(c)

introducing incentives to provide a regularly updated description of the sites available, making it easier to classify sites and assess their content;

| (d) | posting banners on search engines drawing attention to the availability both of information about responsible use of the Internet and of telephone hotlines. |
| --- | --- |

(d)

posting banners on search engines drawing attention to the availability both of information about responsible use of the Internet and of telephone hotlines.

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

| 1. | On 30 April 2004 the Commission submitted to the European Parliament and to the Council a proposal for a recommendation, based on Article 157 of the EC Treaty, on the protection of minors and the right of reply in relation to the competitiveness of the audiovisual and information services industry. |
| --- | --- |

1.

On 30 April 2004 the Commission submitted to the European Parliament and to the Council a proposal for a recommendation, based on Article 157 of the EC Treaty, on the protection of minors and the right of reply in relation to the competitiveness of the audiovisual and information services industry.

| 2. | The European Economic and Social Committee delivered its opinion on 9 February 2005. |
| --- | --- |

2.

The European Economic and Social Committee delivered its opinion on 9 February 2005.

| 3. | The European Parliament delivered its opinion at first reading on 7 September 2005. |
| --- | --- |

3.

The European Parliament delivered its opinion at first reading on 7 September 2005.

| 4. | The Commission submitted an amended proposal on 20 January 2006. |
| --- | --- |

4.

The Commission submitted an amended proposal on 20 January 2006.

| 5. | On 18 September 2006, the Council adopted its common position in accordance with Article 251 (2) of the EC Treaty. |
| --- | --- |

5.

On 18 September 2006, the Council adopted its common position in accordance with Article 251 (2) of the EC Treaty.

II.   OBJECTIVE

The proposal follows up on Council Recommendation 98/560/EC of 24 September1998 (1), the first legal instrument at EU level which addresses issues of protection of minors and human dignity in relation to audiovisual and information services.

The proposed Recommendation calls on the Member States, industry and interested parties and the Commission to enhance the protection of minors and to respect human dignity in both the broadcasting sector and on the internet. It proposes that Member States consider the introduction of measures concerning the right of reply in relation to on-line media. The following issues are addressed by the draft Recommendation:

| — | media literacy; |
| --- | --- |

—

media literacy;

| — | rating or classification of audiovisual content; |
| --- | --- |

—

rating or classification of audiovisual content;

| — | portrayal of the sexes in media and advertising; |
| --- | --- |

—

portrayal of the sexes in media and advertising;

| — | right of reply. |
| --- | --- |

—

right of reply.

III.   ANALYSIS OF THE COMMON POSITION

1.   General comments

The Council's common position retains the main elements of the Commission's original proposal. The main changes introduced by the Council aim to further refine the scope of the Recommendation. The Council has thus specified that the Recommendation covers ‘audiovisual and online information services’ rather than ‘audiovisual and information services’, and has differentiated the scope of the right of reply, which applies to online media, from the wider scope of the part of the Recommendation dealing with the protection of minors.

2.   European Parliament amendments

The Council has sought in its common position to take account of the European Parliament's concerns and priorities and was able to accept most of Parliament's amendments.

The Council accepted in full, in part or in principle, as did the Commission in its amended proposal, amendments 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 33, 35, 36, 37 and 38.

The Council wishes to make the following comments on those amendments where its position slightly diverges from the Commission's modified proposal.

Regarding amendments 23 and 29, the Council has followed the approach taken by the Commission, i.e. some parts of the respective amendments were transferred — in the form of examples of possible actions to be taken in order to achieve the stated aims of the Recommendation — to annexes. It has, however, reinserted some elements considered important by the European Parliament in the body of the Recommendation, in order to further approximate positions with Parliament.

Likewise, whilst trying to avoid the introduction of a burdensome reporting obligation, the Council was able to accept the spirit of amendments 35 and 36, to meet Parliament's concerns that follow-up be ensured.

The Council was unable to accept the part of amendment 37 replacing the term ‘indicative guidelines’ by ‘minimum principles’ in the section relating to the right of reply, as this term was considered excessive in the context of a recommendation.

Regarding amendment 26, last indent, the Council took the view that it was preferable not to focus exclusively on the establishment of a single telephone hotline when envisaging the possible means of reporting illegal or suspicious activities on the Internet, and has retained a more open-ended wording.

The Council has followed the line taken by the Commission in its amended proposal and did not include amendments 3, 5, 13, 27, 32 and 34 in its common position.

IV.   CONCLUSION

The Council considers that, as a whole, its common position is fully in line with the objectives of the Commission's amended proposal. The Council also considers that it has taken due account of the objectives pursued by the European Parliament in its amendments to the Commission's proposal and looks forward to an agreement with the Parliament in the near future with a view to the early adoption of the Recommendation.

---

(1)  OJ L 270, 7.10.1998, p. 48.

---

| 5.12.2006 | EN | Official Journal of the European Union | CE 295/57 |
| --- | --- | --- | --- |

5.12.2006

EN

Official Journal of the European Union

CE 295/57

---

COMMON POSITION (EC) No 25/2006

adopted by the Council on 18 September 2006

with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council of ... establishing a European Institute for Gender Equality

(2006/C 295 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 13(2) and 141(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union set out a prohibition on any discrimination on grounds of sex and provide that equality between men and women must be ensured in all areas. |
| --- | --- |

(1)

Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union set out a prohibition on any discrimination on grounds of sex and provide that equality between men and women must be ensured in all areas.

| (2) | Article 2 of the Treaty provides that equality between men and women is one of the Community's essential tasks. Similarly, Article 3(2) of the Treaty requires the Community to aim to eliminate inequalities and to promote equality between men and women in all its activities and thus ensure the integration of the dimension of equality between men and women in all Community policies. |
| --- | --- |

(2)

Article 2 of the Treaty provides that equality between men and women is one of the Community's essential tasks. Similarly, Article 3(2) of the Treaty requires the Community to aim to eliminate inequalities and to promote equality between men and women in all its activities and thus ensure the integration of the dimension of equality between men and women in all Community policies.

| (3) | Article 13 of the Treaty empowers the Council to take appropriate action to combat discrimination inter alia on grounds of sex in all areas of Community competence. |
| --- | --- |

(3)

Article 13 of the Treaty empowers the Council to take appropriate action to combat discrimination inter alia on grounds of sex in all areas of Community competence.

| (4) | The principle of equal opportunities and equal treatment of men and women in matters of employment and occupation is enshrined in Article 141 of the Treaty and a comprehensive body of legislation on equal treatment of men and women in relation to access to employment and working conditions including equal pay is already in place. |
| --- | --- |

(4)

The principle of equal opportunities and equal treatment of men and women in matters of employment and occupation is enshrined in Article 141 of the Treaty and a comprehensive body of legislation on equal treatment of men and women in relation to access to employment and working conditions including equal pay is already in place.

| (5) | The Commission's first annual report on equality between men and women to the Spring European Council in 2004 concluded that significant gender gaps exist in most policy fields, that inequality between men and women is a multi-dimensional phenomenon that has to be tackled by a comprehensive mix of policy measures and that enhanced efforts are needed to meet the Lisbon strategy targets. |
| --- | --- |

(5)

The Commission's first annual report on equality between men and women to the Spring European Council in 2004 concluded that significant gender gaps exist in most policy fields, that inequality between men and women is a multi-dimensional phenomenon that has to be tackled by a comprehensive mix of policy measures and that enhanced efforts are needed to meet the Lisbon strategy targets.

| (6) | The Nice European Council of 7-9 December 2000 called for ‘Increased awareness, the pooling of resources and the exchange of experience, in particular through the establishment of a European Institute for gender issues’. |
| --- | --- |

(6)

The Nice European Council of 7-9 December 2000 called for ‘Increased awareness, the pooling of resources and the exchange of experience, in particular through the establishment of a European Institute for gender issues’.

| (7) | The feasibility study (3) carried out for the Commission concluded that there is a clear role for a European Institute for Gender Equality to carry out some of the tasks which the existing institutions do not currently deal with, specifically in the areas of coordination, centralisation and dissemination of research data and information, network building, the raising of visibility of equality between men and women, highlighting the gender perspective and the development of tools for improved integration of gender equality in all Community policies. |
| --- | --- |

(7)

The feasibility study (3) carried out for the Commission concluded that there is a clear role for a European Institute for Gender Equality to carry out some of the tasks which the existing institutions do not currently deal with, specifically in the areas of coordination, centralisation and dissemination of research data and information, network building, the raising of visibility of equality between men and women, highlighting the gender perspective and the development of tools for improved integration of gender equality in all Community policies.

| (8) | The European Parliament in its Resolution of 10 March 2004 on the European Union's policies on gender equality (4) called on the Commission to speed up the efforts leading to the setting-up of an Institute. |
| --- | --- |

(8)

The European Parliament in its Resolution of 10 March 2004 on the European Union's policies on gender equality (4) called on the Commission to speed up the efforts leading to the setting-up of an Institute.

| (9) | The Council of Employment, Social Affairs, Health and Consumers Affairs of 1-2 June 2004 and the European Council of 17-18 June 2004 supported the establishment of a European Institute for Gender Equality. The European Council asked the Commission to bring forward a specific proposal. |
| --- | --- |

(9)

The Council of Employment, Social Affairs, Health and Consumers Affairs of 1-2 June 2004 and the European Council of 17-18 June 2004 supported the establishment of a European Institute for Gender Equality. The European Council asked the Commission to bring forward a specific proposal.

| (10) | The collection, analysis and dissemination of objective, reliable and comparable information and data on equality between men and women, the development of appropriate tools for the elimination of all forms of discrimination on grounds of sex and the integration of the gender dimension in all policy areas, the promotion of dialogue among stakeholders and the raising of awareness among EU citizens are necessary so as to enable the Community to effectively promote and implement gender equality policy, in particular in an enlarged Union. It is therefore appropriate to establish a European Institute for Gender Equality which would assist the Community institutions and the Member States by carrying out those tasks. |
| --- | --- |

(10)

The collection, analysis and dissemination of objective, reliable and comparable information and data on equality between men and women, the development of appropriate tools for the elimination of all forms of discrimination on grounds of sex and the integration of the gender dimension in all policy areas, the promotion of dialogue among stakeholders and the raising of awareness among EU citizens are necessary so as to enable the Community to effectively promote and implement gender equality policy, in particular in an enlarged Union. It is therefore appropriate to establish a European Institute for Gender Equality which would assist the Community institutions and the Member States by carrying out those tasks.

| (11) | Gender equality cannot be achieved by an anti-discrimination policy alone but requires measures to promote harmonious co-existence and balanced participation by men and women within society; the Institute should contribute to the attainment of that objective. |
| --- | --- |

(11)

Gender equality cannot be achieved by an anti-discrimination policy alone but requires measures to promote harmonious co-existence and balanced participation by men and women within society; the Institute should contribute to the attainment of that objective.

| (12) | Given the importance of eliminating gender stereotypes in European society in all walks of life and of providing positive examples for women and men to follow, action to achieve that should also be included among the Institute's tasks. |
| --- | --- |

(12)

Given the importance of eliminating gender stereotypes in European society in all walks of life and of providing positive examples for women and men to follow, action to achieve that should also be included among the Institute's tasks.

| (13) | Cooperation with the relevant authorities of the Member States and relevant statistical bodies, in particular Eurostat, is essential to promote the collection of comparable and reliable data at European level. Given that information on equality between men and women is relevant to all levels within the Community — local, regional, national and Community — it would be useful for such information to be available to Member States' authorities in order to help them formulate policies and measures at local, regional and national level in their spheres of competence. |
| --- | --- |

(13)

Cooperation with the relevant authorities of the Member States and relevant statistical bodies, in particular Eurostat, is essential to promote the collection of comparable and reliable data at European level. Given that information on equality between men and women is relevant to all levels within the Community — local, regional, national and Community — it would be useful for such information to be available to Member States' authorities in order to help them formulate policies and measures at local, regional and national level in their spheres of competence.

| (14) | The Institute should work as closely as possible with all Community programmes and bodies in order to avoid duplication and ensure the best possible use of resources, in particular as regards the European Foundation for the Improvement of Living and Working Conditions (5), the European Agency for Safety and Health at Work (6), the Centre for the Development of Vocational Training (7) and the European Union Agency for Fundamental Rights (8). |
| --- | --- |

(14)

The Institute should work as closely as possible with all Community programmes and bodies in order to avoid duplication and ensure the best possible use of resources, in particular as regards the European Foundation for the Improvement of Living and Working Conditions (5), the European Agency for Safety and Health at Work (6), the Centre for the Development of Vocational Training (7) and the European Union Agency for Fundamental Rights (8).

| (15) | The Institute should develop cooperation and dialogue with non-governmental and equal opportunities organisations, research centres, social partners, and other related bodies actively seeking to achieve equality at national and European level and in third countries. In the interest of efficiency, it is appropriate for the Institute to set up and coordinate an electronic European Network on Gender Equality with such entities and experts in the Member States. |
| --- | --- |

(15)

The Institute should develop cooperation and dialogue with non-governmental and equal opportunities organisations, research centres, social partners, and other related bodies actively seeking to achieve equality at national and European level and in third countries. In the interest of efficiency, it is appropriate for the Institute to set up and coordinate an electronic European Network on Gender Equality with such entities and experts in the Member States.

| (16) | In accordance with Article 3(2) of the Treaty it is appropriate to promote a balanced participation of men and women in the composition of the Management Board. |
| --- | --- |

(16)

In accordance with Article 3(2) of the Treaty it is appropriate to promote a balanced participation of men and women in the composition of the Management Board.

| (17) | The Institute should enjoy maximum independence in the performance of its tasks. |
| --- | --- |

(17)

The Institute should enjoy maximum independence in the performance of its tasks.

| (18) | The Institute should apply the relevant Community legislation concerning public access to documents as set out in Regulation (EC) No 1049/2001 (9) and the protection of individuals with regard to the processing of personal data as set out in Regulation (EC) No 45/2001 (10). |
| --- | --- |

(18)

The Institute should apply the relevant Community legislation concerning public access to documents as set out in Regulation (EC) No 1049/2001 (9) and the protection of individuals with regard to the processing of personal data as set out in Regulation (EC) No 45/2001 (10).

| (19) | Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (11), applies to the Institute. |
| --- | --- |

(19)

Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (11), applies to the Institute.

| (20) | For the contractual liability of the Institute, which is governed by the law applicable to the contracts concluded by the Institute, the Court of Justice should have jurisdiction to give judgment, pursuant to any arbitration clause, contained in the contract. The Court of Justice should also have jurisdiction in disputes relating to compensation for any damage arising from the non-contractual liability of the Institute. |
| --- | --- |

(20)

For the contractual liability of the Institute, which is governed by the law applicable to the contracts concluded by the Institute, the Court of Justice should have jurisdiction to give judgment, pursuant to any arbitration clause, contained in the contract. The Court of Justice should also have jurisdiction in disputes relating to compensation for any damage arising from the non-contractual liability of the Institute.

| (21) | An independent external evaluation should be undertaken to assess the impact of the Institute, the possible need to modify or extend its tasks and the timing of further such reviews. |
| --- | --- |

(21)

An independent external evaluation should be undertaken to assess the impact of the Institute, the possible need to modify or extend its tasks and the timing of further such reviews.

| (22) | Since the objectives of this Regulation, namely to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions and the authorities of the Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(22)

Since the objectives of this Regulation, namely to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions and the authorities of the Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.

| (23) | Article 13(2) of the Treaty permits the adoption of Community measures in order to support and promote the objective of combating discrimination on grounds of sex beyond the field of employment. Article 141(3) of the Treaty is the specific legal basis for measures aimed to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. Therefore, Article 13(2) and Article 141(3) combined constitute the appropriate legal basis for adoption of this Regulation, |
| --- | --- |

(23)

Article 13(2) of the Treaty permits the adoption of Community measures in order to support and promote the objective of combating discrimination on grounds of sex beyond the field of employment. Article 141(3) of the Treaty is the specific legal basis for measures aimed to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. Therefore, Article 13(2) and Article 141(3) combined constitute the appropriate legal basis for adoption of this Regulation,

HAVE ADOPTED THIS REGULATION:

Article 1

Establishment of the Institute

A European Institute for Gender Equality (hereinafter referred to as ‘the Institute’) is hereby established.

Article 2

Objectives

The overall objectives of the Institute shall be to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions, in particular the Commission, and the authorities of the Member States, as set out in Article 3.

Article 3

Tasks

1.   To meet the objectives set in Article 2, the Institute shall:

| (a) | collect, analyse and disseminate relevant objective, comparable and reliable information as regards gender equality, including results from research and best practice communicated to it by Member States, Community institutions, research centres, national equality bodies, non-governmental organisations, social partners, relevant third countries and international organisations, and suggest areas for further research; |
| --- | --- |

(a)

collect, analyse and disseminate relevant objective, comparable and reliable information as regards gender equality, including results from research and best practice communicated to it by Member States, Community institutions, research centres, national equality bodies, non-governmental organisations, social partners, relevant third countries and international organisations, and suggest areas for further research;

| (b) | develop methods to improve the objectivity, comparability and reliability of data at European level by establishing criteria that will improve the consistency of information and take into account gender issues when collecting data; |
| --- | --- |

(b)

develop methods to improve the objectivity, comparability and reliability of data at European level by establishing criteria that will improve the consistency of information and take into account gender issues when collecting data;

| (c) | develop, analyse, evaluate and disseminate methodological tools in order to support the integration of gender equality into all Community policies and the resulting national policies and to support gender mainstreaming in all Community institutions and bodies; |
| --- | --- |

(c)

develop, analyse, evaluate and disseminate methodological tools in order to support the integration of gender equality into all Community policies and the resulting national policies and to support gender mainstreaming in all Community institutions and bodies;

| (d) | carry out surveys on the situation in Europe as regards gender equality; |
| --- | --- |

(d)

carry out surveys on the situation in Europe as regards gender equality;

| (e) | set up and coordinate a European Network on Gender Equality, involving the centres, bodies, organisations and experts dealing with gender equality and gender mainstreaming in order to support and encourage research, optimise the use of available resources and foster the exchange and dissemination of information; |
| --- | --- |

(e)

set up and coordinate a European Network on Gender Equality, involving the centres, bodies, organisations and experts dealing with gender equality and gender mainstreaming in order to support and encourage research, optimise the use of available resources and foster the exchange and dissemination of information;

| (f) | organise an annual meeting of experts from the competent bodies specialised in gender equality issues in the Member States; |
| --- | --- |

(f)

organise an annual meeting of experts from the competent bodies specialised in gender equality issues in the Member States;

| (g) | organise ad hoc meetings of experts to support the institute's research work, encourage the exchange of information among researchers and promote the inclusion of a gender perspective in their research; |
| --- | --- |

(g)

organise ad hoc meetings of experts to support the institute's research work, encourage the exchange of information among researchers and promote the inclusion of a gender perspective in their research;

| (h) | in order to raise EU citizens' awareness of gender equality, organise, with relevant stakeholders, conferences, campaigns and meetings at European level, and present the findings and conclusions to the Commission; |
| --- | --- |

(h)

in order to raise EU citizens' awareness of gender equality, organise, with relevant stakeholders, conferences, campaigns and meetings at European level, and present the findings and conclusions to the Commission;

| (i) | disseminate information regarding positive examples of non-stereotypical roles for women and men in every walk of life, present its findings and initiatives designed to publicise and build on such success stories; |
| --- | --- |

(i)

disseminate information regarding positive examples of non-stereotypical roles for women and men in every walk of life, present its findings and initiatives designed to publicise and build on such success stories;

| (j) | develop dialogue and cooperation with non-governmental and equal opportunities organisations, universities and experts, research centres, social partners and related bodies actively seeking to achieve equality at national and European level; |
| --- | --- |

(j)

develop dialogue and cooperation with non-governmental and equal opportunities organisations, universities and experts, research centres, social partners and related bodies actively seeking to achieve equality at national and European level;

| (k) | set up documentation resources accessible to the public; |
| --- | --- |

(k)

set up documentation resources accessible to the public;

| (l) | make information on gender mainstreaming available to public and private organisations; |
| --- | --- |

(l)

make information on gender mainstreaming available to public and private organisations;

| (m) | provide information to the Community Institutions on gender equality and gender mainstreaming in the accession and candidate countries. |
| --- | --- |

(m)

provide information to the Community Institutions on gender equality and gender mainstreaming in the accession and candidate countries.

2.   The Institute shall publish an annual report on its activities.

Article 4

Areas of activity and working methods

1.   The Institute shall carry out its tasks within the competences of the Community and in the light of the objectives adopted and priority areas identified in its annual programme, and with due regard to the available budgetary resources.

2.   The work programme of the Institute shall be in line with the Community priorities in the field of gender equality and the work programme of the Commission, including its statistical and research work.

3.   In pursuing its activities, the Institute shall, in order to avoid duplication and to ensure the best possible use of resources, take account of existing information from whatever source and in particular of activities already carried out by the Community institutions and by other institutions, bodies and competent national and international organisations and work closely with the competent Commission services, including Eurostat. The Institute shall ensure appropriate coordination with all relevant Community agencies and Union bodies to be determined in a memorandum of understanding where appropriate.

4.   The Institute shall ensure that the information disseminated is comprehensible to the final users.

5.   The Institute may enter into contractual relations, in particular subcontracting arrangements, with other organisations, in order to accomplish any tasks which it may entrust to them.

Article 5

Legal personality and capacity

The Institute shall have legal personality. It shall enjoy, in each of the Member States, the most extensive legal capacity accorded to legal persons under their laws. In particular, it may acquire or dispose of movable or immovable property and may be a party to legal proceedings.

Article 6

Independence of the Institute

The Institute shall carry out its activities independently in the public interest.

Article 7

Access to documents

1.   Regulation (EC) No 1049/2001 shall apply to documents held by the Institute.

2.   The Management Board shall adopt arrangements for implementing Regulation (EC) No 1049/2001 within six months of the establishment of the Institute.

3.   Decisions taken by the Institute pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice, under the conditions laid down in Articles 195 and 230 of the Treaty respectively.

4.   Regulation (EC) No 45/2001 shall apply to the processing of data by the Institute.

Article 8

Cooperation with organisations at national and European level, international organisations and third countries.

1.   To help it carry out its tasks, the Institute shall cooperate with organisations and experts in the Member States, such as equality bodies, research centres, universities, non-governmental organisations, social partners as well as with relevant organisations at European or international level and third countries.

2.   Should agreements with international organisations or with third countries prove necessary for the Institute to carry out its tasks efficiently, the Community shall, in accordance with the procedure provided for in Article 300 of the Treaty, enter into such agreements with the international organisations or with third countries in the interests of the Institute. This provision shall not preclude ad-hoc cooperation with such organisations or third countries.

Article 9

Composition of the Institute

The Institute shall comprise:

| (a) | a Management Board; |
| --- | --- |

(a)

a Management Board;

| (b) | a Bureau; |
| --- | --- |

(b)

a Bureau;

| (c) | a Director and his or her staff. |
| --- | --- |

(c)

a Director and his or her staff.

Article 10

Management Board

1.   The Management Board shall consist of:

| (a) | one member representing the Government of each Member State appointed by the Council on the basis of a proposal from the Member States; |
| --- | --- |

(a)

one member representing the Government of each Member State appointed by the Council on the basis of a proposal from the Member States;

| (b) | three members representing the Commission, appointed by the Commission; |
| --- | --- |

(b)

three members representing the Commission, appointed by the Commission;

| (c) | three members, without the right to vote, appointed by the Council, on the basis of a proposal from the Commission, each of whom represents one of the following groups:






  (i) | an appropriate non-governmental organisation at Community level which has a legitimate interest in contributing to the fight against discrimination on grounds of sex and the promotion of gender equality; |
| --- | --- | --- |

(c)

three members, without the right to vote, appointed by the Council, on the basis of a proposal from the Commission, each of whom represents one of the following groups:

(i)

an appropriate non-governmental organisation at Community level which has a legitimate interest in contributing to the fight against discrimination on grounds of sex and the promotion of gender equality;

| (ii) | employers' organisations at Community level; and |
| --- | --- |

(ii)

employers' organisations at Community level; and

| (iii) | workers' organisations at Community level. |
| --- | --- |

(iii)

workers' organisations at Community level.

2.   The members of the Management Board shall be appointed in such a way as to secure the highest standards of competence and a broad range of relevant and transdisciplinary expertise in the area of gender equality.

The Commission and the Council shall aim to achieve a balanced representation between men and women on the Management Board.

Alternates who represent the member in his or her absence shall be appointed by the same procedure.

The list of the members and alternates of the Management Board shall be published by the Council in the Official Journal of the European Union, on the website of the Institute and on other relevant websites.

3.   The term of office shall be five years and may be renewed once.

4.   The Management Board shall elect its Chairperson and Vice-Chairperson to serve for a period of two and a half years, which may be renewed.

5.   Each member of the Management Board referred to under paragraph 1(a) or (b), or in his or her absence his or her alternate, shall have one vote.

6.   The Management Board shall take the decisions necessary for the operation of the Institute. In particular, it shall:

| (a) | adopt, on the basis of a draft drawn up by the Director, as referred to in Article 12, after consultation with the Commission, the annual work programme and the medium-term work programme, covering a three-year period, in accordance with the budget and the available resources; the programmes may be reviewed whenever necessary; the first annual work programme shall be adopted not later than nine months after the appointment of the Director; |
| --- | --- |

(a)

adopt, on the basis of a draft drawn up by the Director, as referred to in Article 12, after consultation with the Commission, the annual work programme and the medium-term work programme, covering a three-year period, in accordance with the budget and the available resources; the programmes may be reviewed whenever necessary; the first annual work programme shall be adopted not later than nine months after the appointment of the Director;

| (b) | adopt the annual report referred to in Article 3(2), comparing, in particular, the results achieved with the objectives of the annual work programme; this report shall be forwarded by 15 June at the latest to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions and shall be published on the website of the Institute; |
| --- | --- |

(b)

adopt the annual report referred to in Article 3(2), comparing, in particular, the results achieved with the objectives of the annual work programme; this report shall be forwarded by 15 June at the latest to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions and shall be published on the website of the Institute;

| (c) | exercise disciplinary authority over the Director and appoint or dismiss him or her pursuant to Article 12; |
| --- | --- |

(c)

exercise disciplinary authority over the Director and appoint or dismiss him or her pursuant to Article 12;

| (d) | adopt the Institute's annual draft and final budgets. |
| --- | --- |

(d)

adopt the Institute's annual draft and final budgets.

7.   The Management Board shall adopt the Institute's internal rules on the basis of a proposal drawn up by the Director after consultation with the Commission.

8.   Decisions by the Management Board shall be taken by a majority of its members. The Chairperson shall have the casting vote. In the cases referred to in paragraph 6 and in Article 12(1), decisions shall be taken by a two-thirds majority of its members.

9.   The Management Board shall adopt its rules of procedure on the basis of a proposal drawn up by the Director after consultation with the Commission.

10.   The Management Board shall establish a Bureau of six members, as set out in Article 11.

11.   The Chairperson shall convene the Management Board at least once a year. The Chairperson shall convene additional meetings on his or her own initiative or at the request of one-third of the members of the Management Board.

12.   The Institute shall forward annually to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) any information relevant to the outcome of the evaluation procedures.

13.   The Directors of the European Foundation for the Improvement of Living and Working Conditions, the European Agency for Safety and Health at Work, the Centre for the Development of Vocational Training and of the European Union Agency for Fundamental Rights may as appropriate be invited to attend meetings of the Management Board as observers in order to coordinate the respective working programmes as regards gender mainstreaming.

Article 11

Bureau

1.   The Bureau shall be made up of the Chairperson and the Vice-Chairperson of the Management Board, three members from the Management Board representing the Member States and a representative of the Commission.

The term of office shall be two and half years and may be renewed.

The members of the Bureau shall be appointed by the Management Board with a view to ensuring the necessary range of relevant expertise for the operation of the Bureau.

2.   Without prejudice to the responsibilities of the Director, as set out in Article 12, the Bureau shall monitor the implementation of the decisions of the Management Board and shall take all necessary administrative measures for the proper governing of the Institute between the meetings of the Management Board.

3.   Decisions by the Bureau shall be taken by consensus. If no consensus can be reached, the Bureau shall refer the matter to the Management Board for decision.

4.   The Bureau shall keep the Management Board fully and regularly informed of its activities and any decisions taken.

Article 12

Director

1.   The Institute shall be headed by a Director appointed by the Management Board on a proposal from the Commission. Before being appointed, the candidate selected by the Management Board may be asked to make a declaration before the competent committee(s) of the European Parliament and answer questions from its/their members.

2.   The Director's term of office shall be 5 years. On a proposal from the Commission and after evaluation, this term of office may be extended once for a period of not more than 5 years. In the evaluation, the Commission shall assess in particular:

| (a) | the results achieved in the first term of office and the way they were achieved, |
| --- | --- |

(a)

the results achieved in the first term of office and the way they were achieved,

| (b) | the Institute's duties and requirements in the coming years. |
| --- | --- |

(b)

the Institute's duties and requirements in the coming years.

3.   The Director shall be responsible, under the supervision of the Management Board, for:

| (a) | performance of the tasks referred to in Article 3; |
| --- | --- |

(a)

performance of the tasks referred to in Article 3;

| (b) | preparing and implementing the Institute's annual and medium-term programmes of activities; |
| --- | --- |

(b)

preparing and implementing the Institute's annual and medium-term programmes of activities;

| (c) | preparing the meetings of the Management Board and the Bureau; |
| --- | --- |

(c)

preparing the meetings of the Management Board and the Bureau;

| (d) | preparing and publishing the annual report referred to in Article 3(2); |
| --- | --- |

(d)

preparing and publishing the annual report referred to in Article 3(2);

| (e) | all staff-related matters, and in particular exercising the powers provided for in Article 13(3); |
| --- | --- |

(e)

all staff-related matters, and in particular exercising the powers provided for in Article 13(3);

| (f) | matters of day-to-day administration; and |
| --- | --- |

(f)

matters of day-to-day administration; and

| (g) | the implementation of effective monitoring and evaluation procedures relating to the performance of the Institute against its objectives according to professionally-recognised standards. The Director shall report annually to the Management Board on the results of the monitoring system. |
| --- | --- |

(g)

the implementation of effective monitoring and evaluation procedures relating to the performance of the Institute against its objectives according to professionally-recognised standards. The Director shall report annually to the Management Board on the results of the monitoring system.

4.   The Director shall be accountable for the management of his or her activities to the Management Board and shall take part in its meetings without voting rights. He or she may also be invited by the European Parliament to report during a hearing on significant issues linked to the Institute's activities.

5.   The Director shall be the Institute's legal representative.

Article 13

Staff

1.   The Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities laid down by Council Regulation (EEC, ECSC, Euratom) No 259/68 (12) and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the Institute.

2.   The Management Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations. The Management Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Institute.

3.   The Institute shall exercise in respect of its staff the powers devolved to the appointing authority.

Article 14

Drawing up of the budget

1.   Estimates of all the revenue and expenditure of the Institute shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Institute.

2.   The revenue and expenditure shown in the budget of the Institute shall be in balance.

3.   The revenue of the Institute shall, without prejudice to other resources, comprise:

| (a) | a subsidy from the Community, entered in the general budget of the European Union (Commission section); |
| --- | --- |

(a)

a subsidy from the Community, entered in the general budget of the European Union (Commission section);

| (b) | payments received for services rendered; |
| --- | --- |

(b)

payments received for services rendered;

| (c) | any financial contributions from the organisations or third countries referred to in Article 8; |
| --- | --- |

(c)

any financial contributions from the organisations or third countries referred to in Article 8;

| (d) | any voluntary contribution from the Member States. |
| --- | --- |

(d)

any voluntary contribution from the Member States.

4.   The expenditure of the Institute shall include staff remuneration, administrative and infrastructure costs and operating expenses.

5.   Each year the Management Board, on the basis of a draft drawn up by the Director, shall produce an estimate of revenue and expenditure for the Institute for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded by the Management Board to the Commission by 31 March at the latest.

6.   The estimate shall be forwarded by the Commission to the budgetary authority together with the preliminary draft general budget of the European Union.

7.   On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 272 of the Treaty.

8.   The budgetary authority shall authorise the appropriations for the subsidy to the Institute and shall adopt the establishment plan for the Institute.

9.   The budget of the Institute shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly.

10.   The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of its budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof.

Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.

Article 15

Implementation of the budget

1.   The Director shall implement the budget of the Institute.

2.   By 1 March at the latest following each financial year, the Institute's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of Council Regulation (EC, Euratom) No 1605/2002 (13) (hereinafter referred to as ‘the Financial Regulation’).

3.   By 31 March at the latest following each financial year, the Commission's accounting officer shall forward the Institute's provisional accounts to the Court of Auditors, together with the report mentioned in paragraph 2. The report shall also be forwarded to the European Parliament and the Council.

4.   On receipt of the Court of Auditors' observations on the Institute's provisional accounts, pursuant to Article 129 of the Financial Regulation, the Director shall draw up the Institute's final accounts under his or her own responsibility and forward them to the Management Board for an opinion.

5.   The Management Board shall deliver an opinion on the Institute's final accounts.

6.   By 1 July at the latest following each financial year, the Director shall forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion.

7.   The final accounts shall be published.

8.   The Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He or she shall also send that reply to the Management Board.

9.   The Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the Financial Regulation.

10.   By 30 April of year N + 2, the European Parliament, on a recommendation from the Council acting by a qualified majority, shall give a discharge to the Director in respect of the implementation of the budget for year N.

11.   The financial rules applicable to the Institute shall be adopted by the Management Board after the Commission has been consulted. They may not depart from Regulation (EC, Euratom) No 2343/2002 unless specifically required for the Institute's operation and with the Commission's prior consent.

Article 16

Languages

1.   The provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community (14) shall apply to the Institute.

2.   The translation services required for the functioning of the Institute shall, in principle, be provided by the Translation Centre for the Bodies of the European Union set up by Council Regulation (EC) No 2965/94 (15).

Article 17

Privileges and immunities

The Protocol on the Privileges and Immunities of the European Communities shall apply to the Institute.

Article 18

Liability

1.   The contractual liability of the Institute shall be governed by the law applicable to the contract in question.

The Court of Justice shall have jurisdiction pursuant to an arbitration clause contained in any contracts concluded by the Institute.

2.   In the case of non-contractual liability, the Institute shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by the Institute or its servants in the performance of their duties.

The Court of Justice shall have jurisdiction in disputes relating to compensation for any such damage.

Article 19

Participation of third countries

1.   The Institute shall be open to the participation of countries which have concluded agreements with the European Community by virtue of which they have adopted and apply Community legislation in the field covered by this Regulation.

2.   Arrangements shall be made under the relevant provisions of those agreements, specifying in particular the nature, extent and manner in which those countries are to participate in the Institute's work, including provisions relating to participation in the initiatives undertaken by the Institute, financial contributions and staff. As regards staff matters, those agreements shall, at all events, be in accordance with the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities.

Article 20

Evaluation

1.   By ... (16), the Institute shall commission an independent external evaluation of its achievements on the basis of terms of reference issued by the Management Board in agreement with the Commission. The evaluation shall assess the impact of the Institute on the promotion of gender equality and shall include an analysis of the synergy effects. It shall in particular address the possible need to modify or extend the tasks of the Institute, including the financial implications of any such modification or extension. The evaluation shall take into account the views of the stakeholders, at both Community and national level.

2.   The Management Board, in agreement with the Commission, shall decide the timing of future evaluations, taking into account the results of the evaluation report mentioned in paragraph 1.

Article 21

Review clause

The Management Board shall examine the conclusions of the evaluation mentioned in Article 20 and issue to the Commission such recommendations as may be necessary regarding changes in the Institute, its working practices and remit. The Commission shall forward the evaluation report and the recommendations to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them public. After examination of the evaluation report and the recommendations, the Commission may submit any proposals which it deems necessary for amendments to this Regulation.

Article 22

Administrative control

The operations of the Institute shall be subject to the supervision of the Ombudsman in accordance with the provisions of Article 195 of the Treaty.

Article 23

Start of the Institute's activities

The Institute shall be operational as soon as possible and in any event not later than ... (17).

Article 24

Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 24, 31.1.2006, p. 29.

1

(2)  Opinion of the European Parliament of 14 March 2006 (not yet published in the Official Journal), Council Common Position of 18 September 2006 and Position of the European Parliament of ... (not yet published in the Official Journal).

2

(3)  European Commission Feasibility Study for a European Gender Institute (conducted by PLS Ramboll Management, DK, 2002).

3

(4)  OJ C 102 E, 28.4.2004, p. 638.

4

(5)  Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (OJ L 139, 30.5.1975, p. 1). Regulation as last amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005, p. 1).

5

(6)  Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (OJ L 216, 20.8.1994, p. 1). Regulation as last amended by Regulation (EC) No 1112/2005 (OJ L 184, 15.7.2005, p. 5).

6

(7)  Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (OJ L 39, 13.2.1975, p. 1). Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

7

(8)  Member States meeting in the framework of the European Council in December 2003 requested the Commission to prepare a proposal for a human rights agency by extending the mandate of the European Monitoring Centre on Racism and Xenophobia.

8

(9)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

9

(10)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and of the free movement of such data (OJ L 8, 12.1.2001, p. 1).

10

(11)  OJ L 357, 31.12.2002, p. 72. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

11

(12)  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 2104/2005 (OJ L 337, 22.11.2005, p. 7).

12

(13)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).

13

(14)  OJ L 17, 6.10.1958, p. 385. Regulation as last amended by Council Regulation No 920/2005 (OJ L 156, 18.6.2005, p. 3).

14

(15)  Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (OJ L 314, 7.12.1994, p. 1). Regulation as last amended by Regulation (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

15

(16)  The end of the third year following the entry into force of this Regulation.

16

(17)  Twelve months after the entry into force of this Regulation.

17

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

On 8 March 2005, the Commission submitted to the Council, on the basis of Articles 13(2) and 141(3) of the Treaty, a proposal for a Regulation of the European Parliament and of the Council Directive establishing a European Institute for Gender Equality.

The European Parliament delivered its Opinion in 1st reading on 14 March 2006.

The Economic and Social Committee delivered its Opinion 27 September 2005.

The Commission adopted an amended proposal on 8 May 2006.

The Council adopted a Common Position on 18 September 2006 in accordance with the procedure laid down in Article 251 of the Treaty.

II.   OBJECTIVE

The Regulation will establish a European Institute for Gender Equality, which should serve as a centre of excellence at EU level, providing technical support to the Community Institutions and the Member States, in particular in terms of the collection and analysis of comparable data and statistics, as well as the development of methodological tools to assist in the process of gender mainstreaming. The overall objectives of the Institute will be to contribute to and reinforce the promotion of gender equality, assist the Community institutions in the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality issues.

III.   ANALYSIS OF THE COMMON POSITION

1.   General Observations

The Council's common position has been established in accordance with the objectives of Articles 13(2) and 141(3) of the Treaty relating, respectively, to combating discrimination and the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.

In adopting the common position, the Council has, with the exception of questions relating to the composition of the Management Board and the Advisory Forum, largely followed the line taken by the Commission in its amended proposal.

2.   The European Parliament's amendments

In its first reading on 14 March 2006, the European Parliament adopted 52 amendments.

2.1.   European Parliament amendments accepted by the Council

In its common position, the Council took into account 35 amendments. Out of these, the Council:

| — | accepted 17 amendments in full (Nos. 2, 6, 9, 59 & 74, 13, 18, 64 & 80, 65 & 81, 29, 35, 36, 38, 41, 42, 45, 53 and 55). |
| --- | --- |

—

accepted 17 amendments in full (Nos. 2, 6, 9, 59 & 74, 13, 18, 64 & 80, 65 & 81, 29, 35, 36, 38, 41, 42, 45, 53 and 55).

| — | accepted 4 amendments as reformulated by the Commission (Nos. 7, 8, 10 and 40). |
| --- | --- |

—

accepted 4 amendments as reformulated by the Commission (Nos. 7, 8, 10 and 40).

| — | accepted the spirit of another 14 amendments (Nos. 3, 4, 5, 17, 60 & 76, 61 rev. & 77, 62 & 78, 20, 25, 63 & 79, 24, 28 and 48). |
| --- | --- |

—

accepted the spirit of another 14 amendments (Nos. 3, 4, 5, 17, 60 & 76, 61 rev. & 77, 62 & 78, 20, 25, 63 & 79, 24, 28 and 48).

2.2.   European Parliament's amendments not accepted by the Council

The Council did not accept 11 amendments for the reasons explained by the Commission in its amended proposal (Nos. 1, 23, 30, 31, 32, 33, 34, 46, 47, 52 and 54).

The Council also could not accept a further 6 amendments, with the question of the composition of the Management Board being the main area of difference between the Institutions.

—   Dialogue at international level (amendment 26, Article 3(1))

The Council does not consider this amendment to be necessary as Article 8 specifically deals with ‘cooperation with organisations at national and European level and international organisations and third countries’ and sets out a procedure for such cooperation. Article 4, which outlines the areas of activity and working methods of the Institute, also refers to the need to ‘take account of existing information from whatever source and in particular of activities already carried out by the Community institutions and by other institutions, bodies, competent national and international organisations ...’. Moreover, the Council considers that legal clarity could be compromised by adding this aspect to the already long list of tasks under Article 3.

—   Composition of the Management Board (Amendments 66 & 82, Article 10(1))

In reaching a general approach in June 2005, the Council did not accept the Commission's original proposal for a restricted Management Board, preferring a fully representative Board of 25 members, accompanied by a small Bureau composed of six members (Article 11). In this scenario, the Commission would have three representatives on the Board and there would be three non-voting members representing an appropriate non-governmental organisation at Community level and the social partners.

Having received the opinion of the European Parliament in March 2006, the Council examined the merits of amendments 66 and 82, calling for a small Management Board comprised of nine members appointed by the Council and a representative of the Commission. Whilst this was considered to be an improvement on the Commission's original proposal, it was nonetheless unacceptable to the Council for a number of reasons:

| — | given the nature of the issue, the Council considered it important for each Member State to be represented on the Board and felt that this would also facilitate pooling of national expertise and experience in the area of gender equality, which is particularly important in the context of an enlarging Union. |
| --- | --- |

—

given the nature of the issue, the Council considered it important for each Member State to be represented on the Board and felt that this would also facilitate pooling of national expertise and experience in the area of gender equality, which is particularly important in the context of an enlarging Union.

| — | it was important for the Institute to function efficiently and thus a simple procedure for the appointment of Board members would be preferable. Moreover, it was considered that a small Bureau would be effective in ensuring the smooth running of the Board. |
| --- | --- |

—

it was important for the Institute to function efficiently and thus a simple procedure for the appointment of Board members would be preferable. Moreover, it was considered that a small Bureau would be effective in ensuring the smooth running of the Board.

| — | as gender equality policy cut across a wide range of areas, the Council took the view that the Commission should have more than one representative on the Board in order to be able to make a solid contribution to the running of the Institute. The Council felt that a Commission representative should also participate in the executive Bureau. |
| --- | --- |

—

as gender equality policy cut across a wide range of areas, the Council took the view that the Commission should have more than one representative on the Board in order to be able to make a solid contribution to the running of the Institute. The Council felt that a Commission representative should also participate in the executive Bureau.

| — | the Council agreed with the Commission that there should be three non-voting members representing the social partners and an appropriate non-governmental organisation at Community level. |
| --- | --- |

—

the Council agreed with the Commission that there should be three non-voting members representing the social partners and an appropriate non-governmental organisation at Community level.

It should also be noted that the Council's position in relation to the composition of the Management Board reflects the general horizontal position taken in the past on other Community agencies or bodies. Whilst several delegations were willing to reconsider their position in the case of the Institute due to its relatively small size and modest budget, it was acknowledged that it was impossible to say at this stage whether a smaller Board accompanied by a large Advisory Forum would in fact be more efficient than a representative Board assisted by a small Bureau. Moreover, the setting up of a small Bureau, which could meet more frequently than the Management Board, was an important consideration in ensuring the cost-effectiveness of the Institute.

—   Representation between men and women: 40 % quota (amendment 39, Article 10(2))

The Council supports the concept of a balanced representation between men and women on the Management Board as set out in the common position. However, it does not wish unnecessarily to hamper the operation of the Institute by having an obligatory quota, which might be difficult to fulfil in practice given that there are generally more women involved in gender equality policy than men at the current time. Whilst achieving a gender balance is important, and there are moves to involve more men in this area, the Council considers that the experience and competence of the Board members in the field of gender equality are also important considerations to be taken into account.

—   Advisory Forum (amendments 67 & 83, 68 & 84 and 51, Article 12 of the Commission's original proposal)

In the Council's preferred scenario of a large Management Board, assisted by a small Bureau, it was considered that the Advisory Forum, as envisaged by the Commission and the Parliament, was no longer necessary. Moreover, in order to ensure that the Institute would benefit from the valuable expertise available at a national level, Article 3 of the common position sets up a European Network on Gender Equality, as requested by the Parliament, and also provides for an ‘annual meeting of experts from the competent bodies specialised in gender equality issues in the Member States’.

3.   Other changes made by the Council

A number of other small technical changes, of a legal or linguistic nature, were agreed in the context of the Legal/Linguistic procedure between the European Parliament and the Council.

IV.   CONCLUSION

The Council considers that, despite the differing opinions on the composition of the Management Board, the common position is in line with the fundamental objectives of the Commission's amended proposal.

---

| 5.12.2006 | EN | Official Journal of the European Union | CE 295/69 |
| --- | --- | --- | --- |

5.12.2006

EN

Official Journal of the European Union

CE 295/69

---

COMMON POSITION (EC) No 26/2006

adopted by the Council on 25 September 2006

with a view to the adoption of Decision No .../2006/EC of the European Parliament and of the Council of... establishing for the period 2007 to 2013 the programme ‘Europe for Citizens’ to promote active European citizenship

(2006/C 295 E/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 151 and 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having regard to the Opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The Treaty establishes citizenship of the Union, which complements national citizenship of the respective Member States. It is an important element in strengthening and safeguarding the process of European integration. |
| --- | --- |

(1)

The Treaty establishes citizenship of the Union, which complements national citizenship of the respective Member States. It is an important element in strengthening and safeguarding the process of European integration.

| (2) | The Community should make citizens fully aware of their European citizenship, its benefits as well as its rights and obligations, which are to be promoted with due regard for subsidiarity and in the interest of cohesion. |
| --- | --- |

(2)

The Community should make citizens fully aware of their European citizenship, its benefits as well as its rights and obligations, which are to be promoted with due regard for subsidiarity and in the interest of cohesion.

| (3) | It is especially urgent to make European citizens fully aware of their citizenship of the European Union in the context of the broad reflection on the future of Europe launched by the Brussels European Council of 16 and 17 June 2005. The ‘Europe for Citizens’ programme should therefore complement, but not overlap with, other initiatives taken in this context. |
| --- | --- |

(3)

It is especially urgent to make European citizens fully aware of their citizenship of the European Union in the context of the broad reflection on the future of Europe launched by the Brussels European Council of 16 and 17 June 2005. The ‘Europe for Citizens’ programme should therefore complement, but not overlap with, other initiatives taken in this context.

| (4) | For citizens to give their full support to European integration, greater emphasis should therefore be placed on their common values, history and culture as key elements of their membership of a society founded on the principles of freedom, democracy and respect for human rights, cultural diversity, tolerance and solidarity, in accordance with the Charter of Fundamental Rights of the European Union (4) proclaimed on 7 December 2000. |
| --- | --- |

(4)

For citizens to give their full support to European integration, greater emphasis should therefore be placed on their common values, history and culture as key elements of their membership of a society founded on the principles of freedom, democracy and respect for human rights, cultural diversity, tolerance and solidarity, in accordance with the Charter of Fundamental Rights of the European Union (4) proclaimed on 7 December 2000.

| (5) | Encouraging active citizenship is a key element in strengthening not only the fight against racism, xenophobia and intolerance but also cohesion and the development of democracy. |
| --- | --- |

(5)

Encouraging active citizenship is a key element in strengthening not only the fight against racism, xenophobia and intolerance but also cohesion and the development of democracy.

| (6) | In the context of the EU information and communication strategy, a broad dissemination and a high impact of the activities supported through the programme should be ensured. |
| --- | --- |

(6)

In the context of the EU information and communication strategy, a broad dissemination and a high impact of the activities supported through the programme should be ensured.

| (7) | In order to bring Europe closer to its citizens and to enable them to participate fully in the construction of an ever closer Europe, there is a need to address all nationals and legal residents in the participating countries and to involve them in transnational exchanges and cooperation activities, contributing to developing a sense of belonging to common European ideals. |
| --- | --- |

(7)

In order to bring Europe closer to its citizens and to enable them to participate fully in the construction of an ever closer Europe, there is a need to address all nationals and legal residents in the participating countries and to involve them in transnational exchanges and cooperation activities, contributing to developing a sense of belonging to common European ideals.

| (8) | The European Parliament, in a Resolution adopted in 1988, considered it desirable that a major effort be undertaken to step up contacts between citizens of different Member States and stated that specific support from the European Union for the development of twinning schemes between municipalities in different Member States was both rational and desirable. |
| --- | --- |

(8)

The European Parliament, in a Resolution adopted in 1988, considered it desirable that a major effort be undertaken to step up contacts between citizens of different Member States and stated that specific support from the European Union for the development of twinning schemes between municipalities in different Member States was both rational and desirable.

| (9) | The European Council has recognised on several occasions the need to bring the European Union and its institutions closer to the citizens of the Member States. It has encouraged the Union's institutions to maintain and foster open, transparent and regular dialogue with organised civil society, thus promoting citizens' participation in public life and in decision-making, while emphasising the essential values that are shared by the citizens of Europe. |
| --- | --- |

(9)

The European Council has recognised on several occasions the need to bring the European Union and its institutions closer to the citizens of the Member States. It has encouraged the Union's institutions to maintain and foster open, transparent and regular dialogue with organised civil society, thus promoting citizens' participation in public life and in decision-making, while emphasising the essential values that are shared by the citizens of Europe.

| (10) | The Council established in its Decision 2004/100/EC of 26 January 2004 establishing a Community action programme to promote active European citizenship (civic participation) (5), an action programme which has confirmed the need to promote sustained dialogue with civil society organisations and municipalities and to support the active involvement of citizens. |
| --- | --- |

(10)

The Council established in its Decision 2004/100/EC of 26 January 2004 establishing a Community action programme to promote active European citizenship (civic participation) (5), an action programme which has confirmed the need to promote sustained dialogue with civil society organisations and municipalities and to support the active involvement of citizens.

| (11) | Citizens' projects with a transnational and cross-sectoral dimension are important tools to reach citizens and promote European awareness, European political integration, social inclusion and mutual understanding. |
| --- | --- |

(11)

Citizens' projects with a transnational and cross-sectoral dimension are important tools to reach citizens and promote European awareness, European political integration, social inclusion and mutual understanding.

| (12) | Civil society organisations at European, national, regional and local levels are important elements of citizens' active participation in society and help to invigorate all aspects of public life. They are also intermediaries between Europe and its citizens. Their transnational cooperation should therefore be promoted and encouraged. |
| --- | --- |

(12)

Civil society organisations at European, national, regional and local levels are important elements of citizens' active participation in society and help to invigorate all aspects of public life. They are also intermediaries between Europe and its citizens. Their transnational cooperation should therefore be promoted and encouraged.

| (13) | European public policy research organisations can provide ideas and reflections to feed the debate at European level. It is therefore also advisable to support, as a link between the European institutions and the citizens, activities that reflect their commitment to creating a European identity and citizenship, by establishing procedures with transparent criteria to promote networks for information and exchange. |
| --- | --- |

(13)

European public policy research organisations can provide ideas and reflections to feed the debate at European level. It is therefore also advisable to support, as a link between the European institutions and the citizens, activities that reflect their commitment to creating a European identity and citizenship, by establishing procedures with transparent criteria to promote networks for information and exchange.

| (14) | It is also worthwhile pursuing the action begun by the European Union in the context of Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture (6) for the preservation and commemoration of the main sites and archives associated with deportations. An awareness of the full dimensions and tragic consequences of the second world war may thus be maintained and universal remembrance promoted, as a means of moving beyond the past and building the future. |
| --- | --- |

(14)

It is also worthwhile pursuing the action begun by the European Union in the context of Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture (6) for the preservation and commemoration of the main sites and archives associated with deportations. An awareness of the full dimensions and tragic consequences of the second world war may thus be maintained and universal remembrance promoted, as a means of moving beyond the past and building the future.

| (15) | The Declaration on Sport adopted by the Nice European Council of 7-9 December 2000 noted that, ‘even though not having any direct powers in this area, the Community must, in its action under the various Treaty provisions, take account of the social, educational and cultural functions inherent in sport.’ |
| --- | --- |

(15)

The Declaration on Sport adopted by the Nice European Council of 7-9 December 2000 noted that, ‘even though not having any direct powers in this area, the Community must, in its action under the various Treaty provisions, take account of the social, educational and cultural functions inherent in sport.’

| (16) | Special attention should be paid to the balanced integration of citizens and civil society organisations from all Member States into transnational projects and activities. |
| --- | --- |

(16)

Special attention should be paid to the balanced integration of citizens and civil society organisations from all Member States into transnational projects and activities.

| (17) | The candidate countries and the EFTA countries party to the EEA Agreement are recognised as potential participants in Community programmes, in accordance with the agreements concluded with those countries. |
| --- | --- |

(17)

The candidate countries and the EFTA countries party to the EEA Agreement are recognised as potential participants in Community programmes, in accordance with the agreements concluded with those countries.

| (18) | The Thessaloniki European Council of 19 and 20 June 2003 adopted the ‘Thessaloniki Agenda for the Western Balkans: Moving towards European integration’, which invited the Western Balkan countries to participate in Community programmes and agencies; therefore, the Western Balkans countries should be recognised as potential participants in Community programmes. |
| --- | --- |

(18)

The Thessaloniki European Council of 19 and 20 June 2003 adopted the ‘Thessaloniki Agenda for the Western Balkans: Moving towards European integration’, which invited the Western Balkan countries to participate in Community programmes and agencies; therefore, the Western Balkans countries should be recognised as potential participants in Community programmes.

| (19) | The programme should be monitored regularly and evaluated independently in cooperation with the Commission and the Member States in order to allow for the readjustments which are necessary if the measures are to be properly implemented. |
| --- | --- |

(19)

The programme should be monitored regularly and evaluated independently in cooperation with the Commission and the Member States in order to allow for the readjustments which are necessary if the measures are to be properly implemented.

| (20) | The procedures for monitoring and evaluating the programme should make use of objectives and indicators which are specific, measurable, achievable, relevant and timed. |
| --- | --- |

(20)

The procedures for monitoring and evaluating the programme should make use of objectives and indicators which are specific, measurable, achievable, relevant and timed.

| (21) | Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7) (hereinafter ‘the Financial Regulation’) and Commission Regulation (EC, Euratom) No 2342/2002 of 19 November 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (8), which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use. |
| --- | --- |

(21)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7) (hereinafter ‘the Financial Regulation’) and Commission Regulation (EC, Euratom) No 2342/2002 of 19 November 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (8), which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

| (22) | Appropriate measures should also be taken to prevent irregularities and fraud and to recover funds lost or incorrectly paid or used. |
| --- | --- |

(22)

Appropriate measures should also be taken to prevent irregularities and fraud and to recover funds lost or incorrectly paid or used.

| (23) | Following the principle of sound financial management, the implementation of the programme may be simplified by recourse to lump sum funding, in respect either of support awarded to programme participants or of Community support for the structures established at national level for the administration of the programme. |
| --- | --- |

(23)

Following the principle of sound financial management, the implementation of the programme may be simplified by recourse to lump sum funding, in respect either of support awarded to programme participants or of Community support for the structures established at national level for the administration of the programme.

| (24) | This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (9), for the budgetary authority during the annual budgetary procedure. |
| --- | --- |

(24)

This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (9), for the budgetary authority during the annual budgetary procedure.

| (25) | Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the transnational and multilateral nature of the programme's actions and measures, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(25)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the transnational and multilateral nature of the programme's actions and measures, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

| (26) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10). |
| --- | --- |

(26)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10).

| (27) | Transitional measures to monitor actions started before 31 December 2006 should be adopted, pursuant to Decision 2004/100/EC, |
| --- | --- |

(27)

Transitional measures to monitor actions started before 31 December 2006 should be adopted, pursuant to Decision 2004/100/EC,

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and scope of the programme

1.   This Decision establishes the programme ‘Europe for Citizens’ (hereinafter referred to as ‘the programme’) for the period from 1 January 2007 to 31 December 2013.

2.   The programme shall contribute to the following general objectives:

| (a) | giving citizens the opportunity to interact and participate in constructing an ever closer Europe, which is democratic and world-oriented, united in and enriched through its cultural diversity, thus developing citizenship of the European Union; |
| --- | --- |

(a)

giving citizens the opportunity to interact and participate in constructing an ever closer Europe, which is democratic and world-oriented, united in and enriched through its cultural diversity, thus developing citizenship of the European Union;

| (b) | developing a sense of European identity, based on common values, history and culture; |
| --- | --- |

(b)

developing a sense of European identity, based on common values, history and culture;

| (c) | fostering a sense of ownership of the European Union among its citizens; |
| --- | --- |

(c)

fostering a sense of ownership of the European Union among its citizens;

| (d) | enhancing mutual understanding between European citizens respecting and promoting cultural and linguistic diversity, while contributing to intercultural dialogue. |
| --- | --- |

(d)

enhancing mutual understanding between European citizens respecting and promoting cultural and linguistic diversity, while contributing to intercultural dialogue.

Article 2

Specific objectives of the programme

The programme shall have the following specific objectives in line with the fundamental goals of the Treaty, which shall be implemented on a transnational basis:

| (a) | bringing together people from local communities across Europe to share and exchange experiences, opinions and values, to learn from history and to build for the future; |
| --- | --- |

(a)

bringing together people from local communities across Europe to share and exchange experiences, opinions and values, to learn from history and to build for the future;

| (b) | fostering action, debate and reflection related to European citizenship and democracy, shared values, common history and culture through cooperation within civil society organisations at European level; |
| --- | --- |

(b)

fostering action, debate and reflection related to European citizenship and democracy, shared values, common history and culture through cooperation within civil society organisations at European level;

| (c) | bringing Europe closer to its citizens by promoting Europe's values and achievements, while preserving the memory of its past; |
| --- | --- |

(c)

bringing Europe closer to its citizens by promoting Europe's values and achievements, while preserving the memory of its past;

| (d) | encouraging interaction between citizens and civil society organisations from all participating countries, contributing to intercultural dialogue and bringing to the fore both Europe's diversity and unity, with particular attention to activities aimed at developing closer ties between citizens from Member States of the European Union as constituted on 30 April 2004 and those from Member States which have acceded since that date. |
| --- | --- |

(d)

encouraging interaction between citizens and civil society organisations from all participating countries, contributing to intercultural dialogue and bringing to the fore both Europe's diversity and unity, with particular attention to activities aimed at developing closer ties between citizens from Member States of the European Union as constituted on 30 April 2004 and those from Member States which have acceded since that date.

Article 3

Actions

1.   The objectives of the programme shall be pursued through support for the following actions, details of which may be found in Part I of the Annex:

| (a) | Active citizens for Europe, consisting of:






  — | town twinning, |
| --- | --- | --- |

(a)

Active citizens for Europe, consisting of:

—

town twinning,

| — | citizens' projects and support measures; |
| --- | --- |

—

citizens' projects and support measures;

| (b) | Active civil society in Europe, consisting of:






  — | structural support for European public policy research organisations (think-tanks), |
| --- | --- | --- |

(b)

Active civil society in Europe, consisting of:

—

structural support for European public policy research organisations (think-tanks),

| — | structural support for civil society organisations at European level, |
| --- | --- |

—

structural support for civil society organisations at European level,

| — | support for projects initiated by civil society organisations; |
| --- | --- |

—

support for projects initiated by civil society organisations;

| (c) | Together for Europe, consisting of:






  — | high visibility events, such as commemorations, awards, artistic events, European-wide conferences, |
| --- | --- | --- |

(c)

Together for Europe, consisting of:

—

high visibility events, such as commemorations, awards, artistic events, European-wide conferences,

| — | studies, surveys and opinion polls, |
| --- | --- |

—

studies, surveys and opinion polls,

| — | information and dissemination tools; |
| --- | --- |

—

information and dissemination tools;

| (d) | Active European Remembrance, consisting of:






  — | preservation of the main sites and archives associated with the deportations and the commemoration of the victims. |
| --- | --- | --- |

(d)

Active European Remembrance, consisting of:

—

preservation of the main sites and archives associated with the deportations and the commemoration of the victims.

2.   In each action, priority may be given to the balanced integration of citizens and civil society organisations from all Member States, as provided for in the specific objective set out in Article 2(d).

Article 4

Forms of Community measures

1.   Community measures may take the form of grants or public procurement contracts.

2.   Community grants may be provided through specific forms such as operating grants, action grants, scholarships, prizes.

3.   Public procurement contracts will cover the purchase of services, such as for organising events, studies and research, information and dissemination tools, monitoring and evaluation.

4.   To be eligible for a Community grant, the beneficiaries must satisfy the requirements set out in Part II of the Annex.

Article 5

Participation in the programme

The programme shall be open to the participation of the following countries, hereinafter referred to as the ‘participating countries’:

| (a) | the Member States; |
| --- | --- |

(a)

the Member States;

| (b) | the EFTA countries party to the EEA Agreement, in accordance with the provisions of that Agreement; |
| --- | --- |

(b)

the EFTA countries party to the EEA Agreement, in accordance with the provisions of that Agreement;

| (c) | the candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes; |
| --- | --- |

(c)

the candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes;

| (d) | the countries of the western Balkans, in accordance with the arrangements to be established with these countries under the framework agreements on the general principles for their participation in Community programmes. |
| --- | --- |

(d)

the countries of the western Balkans, in accordance with the arrangements to be established with these countries under the framework agreements on the general principles for their participation in Community programmes.

Article 6

Access to the programme

The programme shall be open to all stakeholders promoting active European citizenship, in particular local authorities and organisations, European public policy research organisations (think-tanks), citizens' groups and other civil society organisations.

Article 7

Cooperation with international organisations

The programme may cover joint and innovative activities in the field of active European citizenship, with relevant international organisations such as the Council of Europe and UNESCO, on the basis of joint contributions and in accordance with the Financial Regulation and various rules of each institution or organisation.

Article 8

Implementing measures

1.   The Commission shall adopt the measures necessary for the implementation of the programme in accordance with the provisions of the Annex.

2.   The following measures shall be adopted in accordance with the procedure referred to in Article 9(2):

| (a) | the arrangements for the implementation of the programme, including the annual work plan, the selection criteria and the selection procedures; |
| --- | --- |

(a)

the arrangements for the implementation of the programme, including the annual work plan, the selection criteria and the selection procedures;

| (b) | the general balance between the various actions of the programme; |
| --- | --- |

(b)

the general balance between the various actions of the programme;

| (c) | the procedures for monitoring and evaluating the programme; |
| --- | --- |

(c)

the procedures for monitoring and evaluating the programme;

| (d) | the financial support (amount, duration, distribution and beneficiaries) provided by the Community in relation to all operating grants, multi-annual twinning agreements under Action 1 and high visibility events under Action 3. |
| --- | --- |

(d)

the financial support (amount, duration, distribution and beneficiaries) provided by the Community in relation to all operating grants, multi-annual twinning agreements under Action 1 and high visibility events under Action 3.

3.   All other measures necessary for the implementation of the programme shall be adopted in accordance with the procedure referred to in Article 9(3).

4.   As part of the procedure mentioned in paragraph 2, the Commission may draw up guidelines for each of the actions in the Annex in order to adapt the programme to any changes of priority in the field of active European citizenship.

Article 9

Committee

1.   The Commission shall be assisted by a committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The committee shall adopt its rules of procedure.

Article 10

Coherence with other Community and European Union instruments

1.   The Commission shall ensure coherence and complementarity between the programme and instruments in other areas of Community action, especially education, vocational training, culture, youth, sport, the environment, the audiovisual sector and the media, fundamental rights and freedoms, social inclusion, gender equality, combating all forms of discrimination, racism and xenophobia, scientific research, information society and Community external action, in particular at the level of European Neighbourhood policy.

2.   The programme may share resources with other Community and European Union instruments in order to implement actions meeting the objectives of both the programme and these other instruments.

Article 11

The financial envelope

1.   The financial envelope for the implementation of the programme for the period referred to in Article 1 is hereby set at EUR 190 million (11).

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 12

Financial provisions

1.   Financial aid shall take the form of grants to legal persons. Depending on the nature of the action and the objective pursued, grants may also be awarded to natural persons.

2.   The Commission may award prizes to natural or legal persons for actions or projects implemented under the programme.

3.   In accordance with Article 181 of Regulation (EC, Euratom) No 2342/2002, and depending on the nature of the action, flat-rate financing and/or the application of unit-cost rates may be authorised.

4.   Co-financing in kind may be permitted.

5.   The Commission may decide, in view of the characteristics of the beneficiaries and the nature of the actions, to exempt beneficiaries from verification of the professional competencies and qualifications required to complete the proposed action or work programme.

6.   The amount of information to be provided by the beneficiary may be limited in the case of small grants.

7.   In specific cases such as the award of a small grant, the beneficiary need not be required to demonstrate its financial capacity to perform the planned project or the work programme.

8.   Operating grants awarded under the programme to bodies pursuing an aim of general European interest, as defined in Article 162 of Regulation (EC, Euratom) No 2342/2002, shall not be automatically decreased in the event of renewal.

Article 13

Protection of the Community's financial interests

1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (12), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (13) and with Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (14).

2.   For the Community actions financed under the programme, the notion of irregularity referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustified item of expenditure.

3.   The Commission shall reduce, suspend or recover the amount of financial assistance granted for an action if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.

4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial assistance and demand repayment of sums already paid.

5.   Any undue payment shall be repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.

Article 14

Monitoring and evaluation

1.   The Commission shall ensure regular monitoring of the programme. The results of the monitoring and evaluation process shall be utilised in implementing the programme. Monitoring shall include in particular the drawing up of the reports referred to in paragraph 3 points (a) and (c).

The specific objectives may be revised in accordance with Article 251 of the Treaty.

2.   The Commission shall ensure regular, external and independent evaluation of the programme and shall report to the European Parliament on a regular basis.

3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

| (a) | an interim evaluation report on the results obtained and on the qualitative and quantitative aspects of the implementation of the programme no later than 31 December 2010; |
| --- | --- |

(a)

an interim evaluation report on the results obtained and on the qualitative and quantitative aspects of the implementation of the programme no later than 31 December 2010;

| (b) | a communication on the continuation of the programme no later than 31 December 2011; |
| --- | --- |

(b)

a communication on the continuation of the programme no later than 31 December 2011;

| (c) | an ex-post evaluation report no later than 31 December 2015. |
| --- | --- |

(c)

an ex-post evaluation report no later than 31 December 2015.

Article 15

Transitional provision

Actions started before 31 December 2006 pursuant to Decision 2004/100/EC shall continue to be governed, until their completion, by that Decision.

As provided for by Article 18 of the Financial Regulation, the appropriations corresponding to assigned revenue arising from the repayment of amounts wrongly paid pursuant to Decision 2004/100/EC may be made available to the Programme.

Article 16

Entry into force

This Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

Done at ..., on ...

For the European Parliament

The President

...

For the Council

The President

...

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(1)  OJ C 28, 3.2.2006, p. 29.

1

(2)  OJ C 115, 16.5.2006, p. 81.

2

(3)  Opinion of the European Parliament of 5 April 2006 (not yet published in the Official Journal), Council Common Position of 25 September 2006 and Position of the European Parliament of ... (not yet published in the Official Journal).

3

(4)  OJ C 364, 18.12.2000, p. 1.

4

(5)  OJ L 30, 4.2.2004, p. 6.

5

(6)  OJ L 138, 30.4.2004, p. 40.

6

(7)  OJ L 248, 16.9.2002, p. 1.

7

(8)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

8

(9)  OJ C 139, 14.6.2006, p. 1.

9

(10)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

10

(11)  This amount is based on 2004 figures and shall be subject to technical adjustment to take account of inflation.

11

(12)  OJ L 312, 23.12.1995, p. 1.

12

(13)  OJ L 292, 15.11.1996, p. 2.

13

(14)  OJ L 136, 31.5.1999, p. 1.

14

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ANNEX

I.   DESCRIPTION OF ACTIONS

Complementary information on access to the programme

Civil society organisations as mentioned in Article 6 include, inter alia, trade unions, educational institutions and organisations active in the field of voluntary work and amateur sport.

ACTION 1:   Active citizens for Europe

This action forms that part of the programme directed specifically at activities involving citizens. These activities fall under two types of measures as follows:

Town-twinning

This measure is aimed at activities that involve or promote direct exchanges between European citizens through their participation in town-twinning activities. These may be one-off or pilot activities, or take the form of structured, multi-annual, multi-partner agreements following a more programmed approach and comprising a set of activities ranging from citizens' meetings to specific conferences or seminars on subjects of common interest, along with related publications, organised in the context of town-twinning activities. This measure will actively contribute to strengthening mutual knowledge and understanding between citizens and between cultures.

For the years 2007, 2008 and 2009, structural support may be provided directly to the Council of European Municipalities and Regions (CEMR), a body pursuing an aim of general European interest, active in the field of town twinning.

Citizens' projects and support measures

Under this measure, a variety of projects of a transnational and cross-sectoral dimension, directly involving citizens, will be supported. Priority is given to projects aimed at encouraging local level participation. The scale and scope of such projects will depend on the developments within the society and will explore, through innovative approaches, the possible responses to the identified needs. The use of new technologies, in particular information society technologies (IST), will be encouraged. Those projects will gather citizens from different horizons, who will act together or debate on common European issues, thereby developing mutual understanding as well as raising awareness of the process of European integration.

In order to improve town-twinning and citizens' projects, it is also necessary to develop support measures to exchange best practices, to pool experiences between stakeholders at local and regional levels including public authorities, and to develop new skills, for example through training.

As an indication, at least 47 % of the total budget allocated to the programme will be devoted to this action.

ACTION 2:   Active civil society in Europe

Structural support for European public policy research organisations (think-tanks)

Bodies providing new ideas and reflections on European issues are important institutional interlocutors able to provide independent strategic, cross-sectoral recommendations to the EU institutions. They can undertake activities that feed the debate notably on citizenship of the European Union and on European values and cultures. This measure is aimed at strengthening the institutional capacity of those organisations, which are representative, provide real European added value, can bring about important multiplier effects and, finally, are able to cooperate with other beneficiaries of the programme. The strengthening of transeuropean networks is an important element in this area. Grants may be awarded on the basis of a multi-annual work programme bringing together a range of themes or activities.

For the years 2007, 2008 and 2009, structural support may be provided directly for the association ‘Groupement d'études et de recherches Notre Europe’ and for the ‘Institut für Europäische Politik’, as bodies pursuing an aim of general European interest.

Structural support for civil society organisations at European level

Civil society organisations are an important part of the civic, educational, cultural and political activities for participating in society. They need to exist and to be able to operate and cooperate at European level. They should also be able to participate in policy-making through consultation. This measure will provide them with the capacity and stability to act in a cross-sectoral and horizontal dimension as transnational catalysts for their members and for civil society at European level, thus contributing to the objectives of the programme. The strengthening of transeuropean networks and European associations is an important element of this area of work. Grants may be awarded on the basis of a multi-annual work programme bringing together a range of themes or activities.

For the years 2007, 2008 and 2009, structural support may be provided directly for three bodies pursuing an aim of general European interest: the Platform of European Social NGOs, the European Movement and the European Council on Refugees and Exiles.

Support for projects initiated by civil society organisations

Civil society organisations at local, regional, national or European level involve citizens or represent their interests through debate, publications, advocacy, and other concrete transnational projects. Introducing or building on a European dimension in the activities of civil society organisations, will enable them to enhance their capacities and reach wider audiences. Direct cooperation among civil society organisations from different Member States will contribute to mutual understanding for the different cultures and points of view and to the identification of shared concerns and values. While this may be in the form of single projects, a longer-term approach will also ensure a more sustainable impact and the development of networks and synergies.

As an indication, approximately 29 % of the total budget allocated to the programme will be devoted to this action.

ACTION 3:   Together for Europe

High-visibility events

This measure will support events organised by the Commission, where appropriate in cooperation with the Member States or other relevant partners, which are substantial in scale and scope, strike a chord with the peoples of Europe, help to increase their sense of belonging to the same community, make them aware of the history, achievements and values of the European Union, involve them in intercultural dialogue and contribute to the development of their European identity.

These events may include the commemoration of historical events, the celebration of European achievements, artistic events, awareness-raising around specific issues, European-wide conferences and the awarding of prizes to highlight major accomplishments. The use of new technologies, in particular IST, shall be encouraged.

Studies

In order to get a better understanding of active citizenship at European level, the Commission will carry out studies, surveys and opinion polls.

Information and dissemination tools

Given the focus on citizens and the variety of initiatives in the field of active citizenship, comprehensive information on the various activities of the programme, on other European actions related to citizenship and on other relevant initiatives needs to be provided through an Internet portal and other tools.

For the years 2007, 2008 and 2009, structural support may be provided directly for the ‘Association Jean Monnet’, the ‘Centre européen Robert Schuman’ and the ‘Maisons de l'Europe’ federated at national and European level, as bodies pursuing an aim of general European interest.

As an indication, approximately 10 % of the total budget allocated to the programme will be devoted to this action.

ACTION 4:   Active European Remembrance

Under this action projects of the following types may be supported:

| — | for the preservation of the main sites and memorials associated with the mass deportations, the former concentration camps and other large-scale martyrdom and extermination sites of Nazism, as well as the archives documenting these events and for keeping alive the memory of the victims, as well as the memory of those who, under extreme conditions, rescued people from the Holocaust; |
| --- | --- |

—

for the preservation of the main sites and memorials associated with the mass deportations, the former concentration camps and other large-scale martyrdom and extermination sites of Nazism, as well as the archives documenting these events and for keeping alive the memory of the victims, as well as the memory of those who, under extreme conditions, rescued people from the Holocaust;

| — | for the commemoration of the victims of mass exterminations and mass deportations associated with Stalinism, as well as the preservation of the memorials and archives documenting these events. |
| --- | --- |

—

for the commemoration of the victims of mass exterminations and mass deportations associated with Stalinism, as well as the preservation of the memorials and archives documenting these events.

Approximately 4 % of the total budget allocated to the programme will be devoted to this action.

II.   PROGRAMME MANAGEMENT

The implementation of the programme will be guided by the principles of transparency as well as openness, to a large variety of organisations and projects. As a consequence, projects and activities will be selected, as a general rule, by means of open calls for proposals. Derogations will be possible only in very specific circumstances and in full compliance with Article 168(1) points (c) and (d) of Regulation (EC, Euratom) No 2342/2002.

The programme will develop the principle of multi-annual partnerships based on agreed objectives, building on the analysis of the results, in order to ensure mutual benefits for both civil society and the European Union. The maximum duration of funding allocated through a single grant agreement under the programme shall be limited to 3 years.

For some actions, it might be necessary to adopt indirect centralised management by an executive agency or, especially for action 1, by national agencies.

All actions will be implemented on a transnational basis. They will encourage mobility of citizens and ideas within the European Union.

The elements of networking and focussing on the multiplier effects, including the use of information and communication technologies (ICT), will be important and will be reflected both in the types of activities and the range of organisations involved. The development of interaction and synergy among the various types of stakeholders involved in the programme will be encouraged.

The programme budget may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the management of the programme and the realisation of its objectives, in particular studies, meetings, information and publication activities, expenditure associated with the IT networks for the exchange of information and any other administrative and technical support expenditure on which the Commission may decide for the management of the programme.

The overall administrative expenditure of the programme should be proportional to the tasks provided for in the programme concerned and, as an indication, should represent approximately 10 % of the total budget allocated to the programme.

The Commission may undertake information, publication and dissemination activities as appropriate, thereby ensuring broad knowledge and a high impact of the activities supported by the programme.

III.   CONTROLS AND AUDITS

For projects selected in accordance with this Decision, a sampling audit system will be established.

The beneficiary of a grant must make available to the Commission all supporting documents relating to expenditure for a period of five years from the date of the final payment. The beneficiary of a grant must ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission.

The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the contract and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.

Commission staff and outside personnel authorised by the Commission must have appropriate access to the offices of the beneficiary and to all the information, including information in electronic format, necessary for such audits.

The Court of Auditors and the European Anti-Fraud Office (OLAF) will have the same rights, especially of access, as the Commission.

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

| 1. | On 6 April 2005 the Commission adopted and thereafter submitted to the European Parliament and to the Council a proposal for a decision, based on Articles 151 and 308 of the EC Treaty, establishing a programme to promote active European citizenship. |
| --- | --- |

1.

On 6 April 2005 the Commission adopted and thereafter submitted to the European Parliament and to the Council a proposal for a decision, based on Articles 151 and 308 of the EC Treaty, establishing a programme to promote active European citizenship.

| 2. | The European Economic and Social Committee delivered its opinion on 26 October 2005. |
| --- | --- |

2.

The European Economic and Social Committee delivered its opinion on 26 October 2005.

| 3. | The Committee of the Regions delivered its opinion on 17 November 2005. |
| --- | --- |

3.

The Committee of the Regions delivered its opinion on 17 November 2005.

| 4. | The European Parliament delivered its opinion at first reading on 5 April 2006. |
| --- | --- |

4.

The European Parliament delivered its opinion at first reading on 5 April 2006.

| 5. | On 25 September 2006, the Council adopted its common position in accordance with Article 251 (2) of the EC Treaty. |
| --- | --- |

5.

On 25 September 2006, the Council adopted its common position in accordance with Article 251 (2) of the EC Treaty.

II.   OBJECTIVE

| 1. | The broad objectives of the programme as proposed by the Commission are to contribute to:






  — | giving citizens the opportunity to interact and participate in constructing an ever closer Europe, united in and enriched through its cultural diversity; |
| --- | --- | --- |

1.

The broad objectives of the programme as proposed by the Commission are to contribute to:

—

giving citizens the opportunity to interact and participate in constructing an ever closer Europe, united in and enriched through its cultural diversity;

| — | forging a European identity, based on recognised common values, history and culture; |
| --- | --- |

—

forging a European identity, based on recognised common values, history and culture;

| — | enhancing mutual understanding between European citizens respecting and celebrating cultural diversity, while contributing to intercultural dialogue. |
| --- | --- |

—

enhancing mutual understanding between European citizens respecting and celebrating cultural diversity, while contributing to intercultural dialogue.

| 2. | The specific objectives proposed, to be implemented on a transnational basis, are to:






  — | bring together people from local communities across Europe to share and exchange experiences, opinions and values, to learn from history and to build for the future; |
| --- | --- | --- |

2.

The specific objectives proposed, to be implemented on a transnational basis, are to:

—

bring together people from local communities across Europe to share and exchange experiences, opinions and values, to learn from history and to build for the future;

| — | foster action, debate and reflection related to European citizenship through cooperation between civil society organisations at European level; |
| --- | --- |

—

foster action, debate and reflection related to European citizenship through cooperation between civil society organisations at European level;

| — | make the idea of Europe more tangible for its citizens by promoting and celebrating Europe's values and achievements, while preserving the memory of its past; |
| --- | --- |

—

make the idea of Europe more tangible for its citizens by promoting and celebrating Europe's values and achievements, while preserving the memory of its past;

| — | encourage the balanced integration of citizens and civil society organisations from all Member States, contributing to intercultural dialogue and bringing to the fore both Europe's diversity and unity, with particular attention to the activities with Member States that have recently joined the European Union. |
| --- | --- |

—

encourage the balanced integration of citizens and civil society organisations from all Member States, contributing to intercultural dialogue and bringing to the fore both Europe's diversity and unity, with particular attention to the activities with Member States that have recently joined the European Union.

III.   ANALYSIS OF THE COMMON POSITION

1.   General comments

The Council's common position retains the main elements of the Commission's original proposal. In general the Council, the European Parliament and the Commission have similar views regarding this Decision.

The budget of EUR 190 million (at 2004 prices, and subject to adjustment to take account of inflation) was agreed by the three institutions in the context of the inter-institutional agreement on the Financial framework for 2007-2013.

The Council has taken up in its common position the idea of the European Parliament to add a new fourth action line relating to active European remembrance. The Council has also responded positively to the Parliament's suggestion to add three additional ‘designated bodies’ (making nine in all) to receive grants under the programme. However, to ensure an appropriate balance, the special status of these nine bodies is phased-out after three years.

Regarding the indicative budget breakdown, the Council has sought to emphasise further the relative importance of Action 1 (town-twinning and citizens' projects) and, like the Parliament, has sought to reduce spending on the management of the programme.

Regarding programme implementation and comitology, the Council has extended the use of the management procedure to also cover certain cases of financial support.

2.   European Parliament amendments

The Council has sought in its common position to take account of the European Parliament's concerns and priorities and was able to accept most of Parliament's amendments.

Amendments 1, 2, 3, 4, 5, 6, 7, 10, 12, 14, 15, 16, 17, 18, 19, 20, 22, 24, 25, 28, 29, 30, 31, 32, 34, 37, 39, 42, 43, 44, 46, 48, 49, 50, 51, 52, 60 and 61 have been accepted in full, in part or in principle.

Regarding amendments 8, 9, 11, 13, 23, 26, 33, 35, 38, 40, 47 and 53 the Council has chosen to follow the line taken by the Commission and not accept the amendments.

Amendment 21's addition relating to the legitimacy of the institutions was considered unnecessary. Regarding Amendment 27 the Council did not wish to envisage the granting of structural support to the legally vague notion of ‘associations or networks’. Amendment 36 concerned the programme budget which was addressed and agreed by the three institutions in the context of the agreement on the Financial Perspectives. Regarding Amendment 41, the Council did not consider it appropriate to single out events organised by twinning sports clubs, given that other sectors were not specifically mentioned in this part of the text, however a reference to sports organisations has been added in the Annex. Amendment 45 concerns the budget breakdown, where the Council preferred to favour Action 1, leaving the percentage allocated to Action 2 similar to that originally proposed by the Commission.

IV.   CONCLUSION

The Council considers that its common position represents a balanced text which has taken full account of the objectives pursued by the European Parliament in its amendments to the Commission's proposal. The Council looks forward to an agreement with the European Parliament in the near future with a view to the adoption of this Decision.

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