COMMON POSITION (EC) No 9/97 adopted by the Council on 20 December 1996 with a view to adopting Council Directive 97/. . ./EC amending Directive 91/439/EEC on driving licences (97/C 69/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),

(1) Whereas Council Directive 91/439/EEC of 29 July 1991 on driving licences (4) provides that national driving licences shall be issued in accordance with the Community model described in Annex I or Ia thereto, and that they shall state the conditions on which the driver is authorized to drive;

(2) Whereas the said Annexes I and Ia provide that any additional information or restrictions shall be indicated in code form;

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

(4) Whereas, in accordance with the principle of subsidiarity, Community action is needed in order to enable driving licences to be understood and reciprocally recognized, and in order to facilitate the free movement of persons by avoiding the practical problems that would face drivers, road hauliers, administrations and inspectors if Member States were to use differing codes;

(5) Whereas provision should be made for a simplified procedure for adapting the technical aspects of the harmonized Community codes listed in Annexes I and Ia and for adapting Annexes II and III to Directive 91/439/EEC;

(6) Whereas, in the interests of clarity and of conformity with Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheeled motor vehicles (5), the opportunity offered by this amendment should be taken in order to align the definition of the term 'motorcycle` in respect of design speed,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 91/439/EEC is hereby amended as follows:

1. In Article 3 (3):

(a) in the second indent, '50 km/h` shall be replaced by '45 km/h`;

(b) the third indent shall be replaced by the following:

'- "motorcycle" means any two-wheeled vehicle with or without sidecar, fitted with an engine having a cylinder capacity of more than 50 cm³ if of the internal combustion type and/or having a maximum design speed of more than 45 km/h.`

2. The following Articles shall be inserted:

'Article 7a

1. A subdivision of the harmonized Community codes set out in Annexes I and Ia shall be defined in accordance with the procedure laid down in Article 7b, with particular reference to codes 04, 05, 44 and 55.

This procedure shall also be followed for deciding whether the use of certain subdivisions of harmonized Community codes should, if necessary, be made compulsory.

2. The amendments necessary to adapt the parts of Annexes I and Ia which concern the harmonized codes and Annexes II and III to scientific and technical progress shall be adopted in accordance with the procedure laid down in Article 7b.

Article 7b

1. The Commission shall be assisted by a committee on driving licences, hereinafter referred to as 'the Committee`, composed of the representatives of the Member States and chaired by the representative of the Commission.

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.

(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.`

3. In Annex I (2), page 4 of the licence, and in Annex Ia (2), page 2 of the licence, point (a) (12), the first indent shall be replaced by the following:

'- codes 01 to 99: harmonized Community codes

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Article 2

1. After consulting the Commission, Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 1 January 1998. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at . . .

For the Council

The President

(1) OJ No C 110, 16. 4. 1996, p. 7, and OJ No C 31, 31. 1. 1997, p. 3.

(2) OJ No C 204, 15. 7. 1996, p. 20.

(3) Opinion delivered on 5 September 1996 (OJ No C 277, 23. 9. 1996, p. 15), Council common position of 20 December 1996 and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(4) OJ No L 237, 24. 8. 1991, p. 1. Directive as last amended by Directive 96/47/EC (OJ No L 235, 17. 9. 1996, p. 1).

(5) OJ No L 225, 10. 8. 1992, p. 72. Directive as amended by the 1994 Act of Accession.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 21 February 1996 , the Commission sent the Council a proposal for a Directive, based on Article 75 of the EC Treaty, amending Council Directive 91/439/EEC of 29 July 1991 on driving licences (1).

The European Parliament delivered its opinion on the proposal on 5 September 1996 (2); the opinion of the Economic and Social Committee was delivered on 24 April 1996 (3).

Further to the European Parliament's opinion, the Commission sent the Council an amended proposal on 6 November 1996 (4).

On 20 December 1996, the Council adopted its common position in accordance with Article 189c of the EC Treaty.

II. AIM OF THE PROPOSAL

The purpose of the Commission's amended proposal, which incorporates in full or in part two of the eight amendments proposed by the European Parliament, is to establish a list of harmonized codes for transcribing the information to be entered in national driving licences issued in accordance with the Community model, i.e. the information relating to the conditions on which the driver is authorized to drive (obligation to wear glasses, vehicle modifications, authorization to drive restricted to vehicles with automatic gear boxes etc.) and/or information relating to administrative procedures such as the issuing of duplicate licences and licence exchange. The proposal for a Directive also makes provision for the establishment of a committee to assist the Commission in adapting the Annexes to Directive 91/439/EEC.

The main purpose of this measure is to facilitate the free movement of persons and to make it easier for them to establish themselves in a Member State other than the one in which their original licences were issued.

III. ANALYSIS OF THE COMMON POSITION

The common position adopted by the Council corresponds very largely to the Commission proposal but includes the following changes:

- the Committee appointed to assist the Commission in adapting the Directive's Annexes to scientific and technical progress is now a type IIIa committee (5) (see Article 1 (2) of the common position, new Article 7b of Directive 91/439/EEC). The Commission proposed a type IIa committee,

- a new Article 7a has been added to the Directive (Article 1 (2) of the common position) setting out the terms of reference of the new committee on driving licences,

- paragraph 1 of this new Article, which partly incorporates the end of Article 1 of the Commission proposal, provides for the codes in Annexes I and Ia to be subdivided into harmonized sub-codes and for the Committee to be involved in this task; it also provides for the committee procedure to be followed for deciding whether the use of certain harmonized sub-codes should be made compulsory,

- paragraph 2 confers powers on the Committee to adapt the harmonized codes in Annexes I and Ia and to adapt all the provisions of Annexes II and III,

- in the second indent of Article 3 (3) of Directive 91/439/EEC (see Article 1 (1) of the common position) the maximum design speed for motor tricycles and quadricycles is set at 45 km/h instead of 50 km/h, to align with Directive 92/61/EEC (6); under the Commission proposal, only the definition of motorcycles would have been aligned with that Directive.

IV. EUROPEAN PARLIAMENT AMENDMENTS

1. European Parliament amendments accepted by the Commission and adopted by the Council

The Council followed the Commission proposal and adopted the following European Parliament amendments:

- Amendment 1 adding a reference to sub-codes to the text of the third recital,

- in Article 1 (harmonized codes to appear in Annex I (2), page 4 of the licence, and in Annex Ia (2), page 2 of the licence, point (a) (12) of Directive 91/439/EEC):

- the part of Amendment 5 refining the definition of harmonized codes 02 (Hearing aid) and 03 (Prosthesis/orthosis) and adding to codes 70 and 71 a reference to the Unece distinguishing signs for third countries; the distinguishing signs for the Member States are already specified in Annexes I and Ia to Directive 91/439/EEC,

- the part of Amendment 5 adding a code 79 to cover cases of equivalence between categories of licence issued before the implementation date of Directive 91/439/EEC (1 July 1996) and the categories defined in Article 3 of that Directive. Code 79 will be used only in cases where rights acquired by holders of licences obtained before 1 July 1996 are to be maintained.

2. European Parliament amendments rejected by the Commission and not adopted by the Council

The Council did not adopt:

- Amendment 2 adding a recital on the code of conduct agreed between the European Parliament and the Commission, as not relevant to the aim of the Directive,

- Amendments 3, 4, 7 and 8:

- Amendment 3 seeking to include in the Directive a recital restating the need for the Community to introduce a penalty points driving licence,

- Amendments 4 and 7 seeking to include a recital and an Article providing for mutual recognition of any decision to suspend or withdraw a driving licence as the result of an offence committed in a Member State other than that in which the licence was issued,

- Amendment 8 seeking to introduce certain medical rules into the Directive.

The Council did not consider these amendments to be relevant to the Directive's aim, which is to establish a list of harmonized codes for the particulars entered in driving licences,

- first part of Amendment 5 adding a new universal code 00 to cover any special cases that might arise. The Council felt that the addition of an undefined code was contrary to the aim of the Directive, i.e. to establish harmonized codes that could be readily understood,

- last part of Amendment 5 specifying a date (31 December 1996) for defining the subdivision of the codes. The Council pointed out that a requirement to subdivide the codes by 31 December 1996 would be incompatible with Article 1 (2) of the Council's common position. Pursuant to Article 1 (2) the Commission, assisted by a regulatory committee is to subdivide the codes taking into account scientific and technical progress, an exercise that will continue after 31 December 1996,

- Amendment 6 designed to replace the management committee of the Commission proposal by a more flexible technical committee of the advisory type (type I). Given the impact of the measures involved in the adaptation of the Annexes to Directive 91/439/EEC, the Council considered that the Commission should be assisted by a regulatory committee.

(1) OJ No L 237, 24. 8. 1991, p. 1. Directive as last amended by Directive 96/47/EC (OJ No L 235, 17. 9. 1996, p. 1).

(2) OJ No C 277, 23. 9. 1996, p. 15.

(3) OJ No C 204, 15. 7. 1996, p. 20.

(4) OJ No C 31, 31. 1. 1997, p. 3.

(5) Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission ('comitology`) (OJ No L 197, 18. 7. 1987, p. 33).

(6) Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheeled motor vehicles (OJ No L 225, 10. 8. 1992, p. 72). Directive as amended by the 1994 Act of Accession.