COMMISSION DECISION
of 25 August 2008
on equivalences between categories of driving licences
(notified under document number C(2008) 3790)
(Text with EEA relevance)
(2008/766/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/439/EEC of 29 July 1991 on driving licences (1), and in particular Article 10 thereof,
Whereas:
(1)
Directive 91/439/EEC provides that all driving licences issued by Member States, should be mutually recognised, including those issued before the date of application of the principle of mutual recognition.
(2)
The principle of mutual recognition of driving licences entails full recognition of all entitlements which have been granted to a licence holder in accordance with national provisions in force at the time.
(3)
Directive 91/439/EEC provides that the Member States should establish equivalences between the categories of driving licences issued before the implementation of that Directive and those based on the Community model. Those equivalences should have the agreement of the Commission in a legally binding form.
(4)
The tables of equivalences between the categories of driving licences established by Commission Decision 2000/275/EC of 21 March 2000 on equivalences between certain categories of driving licences (2) should be updated, in particular taking into account the recent enlargements of the Community.
(5)
Decision 2000/275/EC should therefore be repealed,
HAS ADOPTED THIS DECISION:
Article 1
This Decision shall apply to all valid driving licences issued by the Member States which are in circulation.
Article 2
Tables of equivalences between categories of driving licences, which have been issued in Member States prior to the full implementation of Directive 91/439/EEC and the harmonised categories of driving licences as defined in Article 3 of Directive 91/439/EEC are set out in Annex I to this Decision.
Article 3
1. Categories of driving licences which have been issued prior to the implementation of Directive 91/439/EEC entitle the holder to drive vehicles of the corresponding categories as described in Annex I to this Decision without exchange of the driving licence. Certain restrictions may apply and are stated for the relevant entitlement in Annex I to this Decision.
2. On exchange of a driving licence to a Community model driving licence as described in Annexes I and I(a) to Directive 91/439/EEC the equivalent entitlements shall be granted as described in Annex I to this Decision.
3. Codes which indicate the restriction of corresponding entitlements are harmonised Community codes as defined by Article 7 of Directive 91/439/EEC.
4. The Community principle of mutual recognition as stated in Article 1(2) of Directive 91/439/EEC does not apply to national categories of driving licences.
Article 4
Decision 2000/275/EC is repealed with effect from the date of entry into force of this Decision.
References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex II.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 25 August 2008.