Proposal for a Council Directive amending Directive 91/439/EEC on driving licences

(96/C 110/05)

COM(96) 55 final - 96/0040(SYN)

(Submitted by the Commission on 21 February 1996)

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,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas Council Directive 91/439/EEC of 29 July 1991 concerning driving licences (1), as last amended by Council Directive . . ./. . ./EC (2) stipulates that national driving licences shall be issued in accordance with the Community model described in Annex I [or I (a)] (3) thereto, and that they shall set out the conditions under which the driver is permitted to drive;

Whereas Annex I [and Annex I (a)] provide(s) that these additional, or possibly restrictive, statements shall be made in a coded form;

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

Whereas, in accordance with the principle of subsidiarity, Community action is needed in order to enable driving licences to be understood and reciprocally to be 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 national coding systems differed from each other;

Whereas provision should be made for a simplified procedure for adapting the technical aspects of the Community codes and all of the provisions of Annexes I, [I (a)] II and III to Directive 91/439/EEC;

Whereas, in order to meet the concerns with regard to clarity and conformity with Council Directive 92/61/EEC (4) on the type approval of two- or three-wheel motor vehicles 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

Annex I.2, sixth indent, [and Annex I (a) 2.12] to Directive 91/439/EEC shall be amended as follows:

'- codes 01 to 99: harmonized Community codes

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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.`

Article 2

An item 6 should be added to Article 7 of Directive 91/439/EEC as follows:

'6. In adapting Annexes I, [I (a)], 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.`

Article 3

Article 3, paragraph 3, indent No 3 of Directive 91/439/EEC shall be amended as follows:

'- the term "motorcycle" shall refer to all two-wheel vehicles 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.`

Article 4

1. After consulting the Commission Member States shall adopt the laws, regulations or administrative provisions needed in order to implement this Directive with effect from 1 July 1996.

2. When adopted by the Member States these provisions shall contain a reference to this Directive or shall be accompanied by such a reference on their official publication. The procedures applying to that reference shall be laid down by the Member States.

Article 5

This Directive shall take effect on the 20th day following its publication in the Official Journal of the European Communities.

Article 6

This Directive is addressed to the Member States.

(1) OJ No L 237, 24. 8. 1991, p. 1.

(2) Proposal COM(95) 166 final, 10. 5. 1995.

(3) The terms in the square brackets refer back to Annex I (a) on the assumption that proposal COM(95) 166 final is adopted by the Council.

(4) OJ No L 225, 10. 8. 1992, p. 75.