A4-0206/96

Proposal for a Council Directive amending Directive 91/439/EEC on driving licences (COM(96)0055 - C4-0207/96 - 96/0040(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3

>Original text>

Whereas the codes applying to the conditions of issue governed by Directive 91/439/EEC are valid throughout the Community;

>Text following EP vote>

Whereas the codes and sub-codes applying to the conditions of issue governed by Directive 91/439/EEC are valid throughout the Community;

(Amendment 2)

Recital 5a (new)

>Text following EP vote>

Whereas on 15 March 1995 the European Parliament and the Commission agreed on a code of conduct concerning in particular implementing acts regarding Community legislation of a general nature adopted under the cooperation procedure1;

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1 OJ C 89, 10.4.1995, p. 69.

(Amendment 3)

Recital 6a (new)

>Text following EP vote>

Whereas the European Parliament's resolution of 11 March 1994 on an action programme on road safety1 calls for the introduction of a European penalty points driving licence system and calls on the Commission to set up a working party to investigate the scope for a European approach; whereas this working party should complete its work by 31 December 1996 and the Commission should submit any proposals by 31 March 1997;

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1 OJ C 91, 28.3.1994, p. 304.

(Amendment 4)

Recital 6b (new)

>Text following EP vote>

Whereas the mutual recognition of driving licences should also extend to cases where licences are suspended or withdrawn and whereas it is therefore necessary to amend Council Directive 91/439/EEC to this end;

(Amendment 5)

ARTICLE 1

Annex 1.2, sixth indent (and Annex 1a 2.12) (Directive 91/439/EEC)

>Original text>

- codes 01 to 99 - harmonized Community codes

01 Eyesight correction

02 Hearing aid

03 Prosthesis/Orthosis for the locomotive apparatus

04 Subject to the possession of a valid medical certificate

05 Driving subject to restrictions for medical reasons

10 Modified transmission

15 Modified clutch

20 Modified braking systems

25 Modified accelerator systems

30 Modified combined braking and accelerator systems

35 Modified control layouts

40 Modified steering

42 Modified rear view mirror(s)

43 Modified driving seat

44 Modifications to motorcycles

45 Motorcycle combinations only

50 Restricted to a specific vehicle/chassis number

51 Restricted to a specific vehicle/registration mark

55 Combinations of vehicle modifications

>Text following EP vote>

- codes 00 to 99 - harmonized Community codes

00 universal code for specific information

01 Eyesight correction

02 Hearing aid/communication aid

03 Prosthesis/Orthosis for the limbs

04 Subject to the possession of a valid medical certificate

05 Driving subject to restrictions for medical reasons

10 Modified transmission

15 Modified clutch

20 Modified braking systems

25 Modified accelerator systems

30 Modified combined braking and accelerator systems

35 Modified control layouts

40 Modified steering

42 Modified rear view mirror(s)

43 Modified driving seat

44 Modifications to motorcycles

45 Motorcycle combinations only

50 Restricted to a specific vehicle/chassis number

51 Restricted to a specific vehicle/registration mark

55 Combinations of vehicle modifications

>Original text>

70 Exchange of licence No ... issued by ...

71 Duplicate of licence No ...

72 Restricted to category-A vehicles having a maximum cylinder capacity of 125 cm3 and a maximum power of 11 kW (A1)

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

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

75 Restricted to category-D vehicles with not more than 16 passenger seats, excluding that of the driver (D1)

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

77 Restricted to category-D vehicles with not more than 16 passenger seats, excluding that of the driver (D1), attached to a trailer the maximum authorized mass of which exceeds 750 kg, provided that (a) the maximum authorized mass of the resultant vehicle train does not exceed 12 000 kg and that the maximum authorized mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1+E)

78 Restricted to vehicles with an automatic transmission (Annexes II, 8.1.1. Section 2)

>Text following EP vote>

70 Exchange of licence No ... issued by ...(EEC/UN symbol of third country)

71 Duplicate of licence No ...(EEC/UN symbol of third country)

72 Restricted to category-A vehicles having a maximum cylinder capacity of 125 cm3 and a maximum power of 11 kW (A1)

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

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

75 Restricted to category-D vehicles with not more than 16 passenger seats, excluding that of the driver (D1)

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

77 Restricted to category-D vehicles with not more than 16 passenger seats, excluding that of the driver (D1), attached to a trailer the maximum authorized mass of which exceeds 750 kg, provided that (a) the maximum authorized mass of the resultant vehicle train does not exceed 12 000 kg and that the maximum authorized mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1+E)

78 Restricted to vehicles with an automatic transmission (Annexes II, 8.1.1. Section 2)

79 Restricted to vehicles meeting the specifications set out in parentheses, with reference to the application of Article 10(1) of Directive 91/439/EEC

>Original text>

If necessary a subdivision of the codes will be defined in line with the provisions of Article 2 of this Directive and more particularly with regard to codes 04, 05, 44 and 55.

>Text following EP vote>

A subdivision of the codes will be defined by 31 December 1996 at the latest in line with the provisions of Article 2 of this Directive and more particularly with regard to codes 04, 05, 44 and 55.

(Amendment 6)

ARTICLE 2

Article 7(6) (Directive 91/439/EEC)

>Original text>

6. In adapting Annexes I, (Ibis), II and III to Directive 91/439/EEC to scientific and technical progress the Commission shall be assisted by a committee comprising representatives of the Member States and chaired by the representative of the Commission.

The representative of the Commission shall lay any action to be taken before the committee. That committee shall deliver its opinion on said draft within a period which the Chairman may lay down in the light of the urgency of the matter at issue.

That opinion shall be delivered with the majority provided for in Article 148(2) of the Treaty for the adoption of the decisions that the Council is called upon to take on a proposal from the Commission. When votes are taken within the committee the votes of the representatives of the Member States shall be weighted as set out in the Article referred to above. The Chairman shall not vote.

The Commission shall adopt forms of action that apply immediately. However, if these do not conform to the opinion delivered by the committee the Commission shall forthwith inform the Council thereof. Where this is the case:

The Commission may defer implementation of the forms of action adopted by itself for a period of one month at the most, dating from this communication.

The Council, acting on a qualified majority, may take a different decision within the deadline provided for in the previous indent.

>Text following EP vote>

6. In adapting Annexes I, (Ia), II and III to Directive 91/439/EEC to scientific and technical progress the Commission shall be assisted by an advisory committee comprising representatives of the Member States, users and the economic and social groups concerned and chaired by the representative of the Commission.

The representative of the Commission shall submit the draft of any action to be taken to the committee. The committee shall deliver its opinion on the draft within a period which the chairman may lay down in the light of the urgency of the matter at issue, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

The committee shall meet in public. It shall publish agendas two weeks in advance of its meetings. It shall publish minutes of its meetings. It shall establish a public register of declarations of interest by its members.

(Amendment 7)

ARTICLE 3a (new)

Article 8(3a) (new) (Directive 91/439/EEC)

>Text following EP vote>

Article 3a

The following paragraph 3a is added to Article 8 of Directive 91/439/EEC:

'3a. In cases where driving licences are suspended or withdrawn, the decision of the competent authority of the Member State in which the offence has been committed shall have legal effect throughout the territory of the Community and shall be notified as soon as possible to the competent authority of the Member State which issued the driving licence in question.'

(Amendment 8)

ARTICLE 3b (new)

Annex III, point 10.1 (Directive 91/439/EEC)

>Text following EP vote>

Article 3b

Annex III, point 10.1, of Directive 91/439/EEC is amended as follows:

'10.1 Driving licences must be issued or renewed in the case of applicants or drivers with diabetes when there are no existing complications and where the condition is not such as to endanger road safety, after consulting a medical expert.'

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directive 91/439/EEC on driving licences (COM(96)0055 - C4-0207/96 - 96/0040(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0055 - 96/0040(SYN) ((OJ C 110, 16.4.1996, p. 7.)),

- having been consulted by the Council pursuant to Articles 189c and 75 of the EC Treaty (C4-0207/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism (A4-0206/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.