WRITTEN QUESTION E-3345/00

by Ursula Schleicher (PPE-DE) to the Commission

(25 October 2000)

Subject: Driving licences in the European Union

With some 200 million driving licences issued in over 80 different formats in the European Union it is, in the Commission's own words, difficult for the police on the spot to keep track of them all.

1. Is the Commission aware that in Italy in particular, German driving licences are being seized and retained in defiance of the legal position and that further inquiries elicit no information?

2. When an application is made to transpose a driving licence issued by another Member State into a German driving licence, data have to be obtained from the registry of the other country concerned. Is the Commission aware that in many cases it can take several months to provide such data, especially in cases involving the Italian registry?

3. Is the Commission aware that even the authorities in the Member States in some cases no longer recognise the old driving licences?

4. How does the Commission intend to provide more transparency and information for both the authorities and the public in the Member States?

Answer given by Mrs de Palacio on behalf of the Commission

(6 December 2000)

1. The Commission has not been informed of any individual case, in which German driving licences have been withdrawn in Italy contrary to Community law and not have been returned thereafter. Moreover, the assessment of the withdrawal of driving licences depends on the national provision on the basis of which the withdrawal is carried out. However, should the Commission be informed about such violations of Community law, it will require the Member State to put an end to such a practice and in case of a systematic and repeated violation will deal with the matter under the procedure provided in Article 226 (ex Article 169) EC Treaty.

2. It may be noted that the exchange of driving licences issued in another Member State is purely voluntary since the entry into force of Council Directive 91/439/EEC of 29 July 1991 on driving licences(1). The driving licence is exchanged only at the request of the licence holder (Article 8(1)). Such an exchange, however, is not to be regarded as an exception to the principle of mutual recognition described in Article 1(2). In principle, driving licences issued by other Member States have to be recognised, irrespective of whether they are exchanged or not.

Article 12(3) of the Directive foresees that the Member States exchange, if necessary, information about driving licences they register. This helps determine the validity of foreign driving licences as well as the exact scope of the right (categories, restrictions). However, this exchange of information must not directly or indirectly result in the practical creation of an obstacle to the free movement of licence holders or to a questioning of the principle of mutual recognition.

3. Member States are bound to recognise all driving licence models described in Commission Decision 2000/275/EC of 21 March 2000 on the equivalences between certain categories of driving licences(2) (which was adopted on the basis of Article 10(1) of the Directive). The Commission requested all Member States expressly to inform their authorities about the scope of the obligation to recognise driving licences issued in other Member States. So far, no systematic violations of the principle of mutual recognition have been detected. However, in view of the large number of driving licences and different driving licence models, administrative uncertainties may occur in individual cases. The Commission will therefore continue to closely supervise the correct application of the principle of mutual recognition.

4. In order to clarify the situation legally, the Commission adopted the above-mentioned decision. Considering the complexity of the situation with over 80 different driving licence models valid in the European Economic Area (EEA), the Commission will publish a manual with colour illustrations and exact descriptions of all EEA driving licence models valid at present. The preparations for this book are in an advanced stage. It will be addressed to administrative authorities in the Member States as well as to licence holders and will guarantee the recognition of all driving licence models valid in the different Member States as well as a uniform administrative practice.

An additional legal clarification of the situation at Community level could be achieved by a harmonisation of the validity period of driving licences. The number of different models in circulation would decrease gradually in the course of time.

(1) OJ L 237, 24.8.1991.

(2) OJ L 91, 12.4.2000.