WRITTEN QUESTION E-0349/02

by Bartho Pronk (PPE-DE) to the Commission

(12 February 2002)

Subject: Use of European Union driving licence in the Netherlands

EU citizens who remove from another Member State to the Netherlands are required, within one year of the date of settlement, to exchange their original driving licence or to register it with the Netherlands authorities. The Netherlands bases itself in this connection on Article 108h of its 1994 Road Traffic Act.

The Netherlands is here expressly circumventing Article 8 of Directive 91/439(1), together with an interpretation of the directive as handed down by the Court of Justice in the Awoyemi case (C-230/97), where the Court expressly refers to the possibility of driving a motor vehicle with a driving licence issued by a third Member State.

1. Does the Commission agree that Article 108h of the 1994 Road Traffic Act and the associated implementing arrangements conflict with the law in force as laid down in Article 8 of Directive 91/439, and in particular the Awoyemi case (C-230/97), as pointed out by the European Court of Justice?

2. The compulsory registration or exchange of a driving licence issued by a third Member State is a rule that has been left over from Directive 80/1263(2). But Article 13 of Directive 91/439 stipulates that the said Directive 80/1263 had lapsed as of 1 July 1996. Does the Commission agree that the corresponding national law provision in Article 108h of the 1994 Road Traffic Act consequently must also have lapsed?

3. If the Commission answers no to the first question, does it not even so agree that the requirement to register or exchange a driving licence amounts to an obstruction of the free movement of persons? Does it still stand behind the ninth recital to the directive which states that the compulsory exchange requirement amounts to obstruction of free movement, which, at current levels of European integration, is no longer acceptable.

4. Will the Commission be prepared to bring proceedings pursuant to Article 226 of the EC Treaty against the Netherlands?

5. If the answer to my fourth question is no, will the Commission at least be prepared to draw the Netherlands government's attention to the fact that Article 108h of the 1994 Road Traffic Act obstructs the free movement of persons?

(1) OJ L 237, 24.8.1991, p. 1.

(2) OJ L 375, 31.12.1980, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(26 March 2002)

1. and 3. The Commission is of the opinion that the obligatory and systematic registration of driving licences deriving from Articles 108(1) under h, and 109 of the Wegenverkeerswet is incompatible with the principle of mutual recognition as laid down in Article 1(2) of Council Directive 91/439/CEE of 29 July 1991 on driving licences. As regards the recognition of licences issued in third countries (Article 8(6)), the decision on this recognition is up to the competence of each individual Member State.

2. First Council Directive 80/1263/CEE of 4 December 1980 on the introduction of a Community driving licence, has been repealed on 1 July 1996 at the coming into force of Directive 91/439/CEE. At the same time Article 1(2) has entered into force since it is vested with direct effect. Starting from this moment Community-licences have to be mutually recognised without any formality(1). Therefore the Commission is of the opinion that Article 108 h of the Wegenverkeerswet 1994 is incompatible with Article 1(2).

4. and 5. The Commission has launched an infringement procedure against the Netherlands on the above-mentioned subject on the basis of Article 226 of the EC Treaty, which was lodged before the Court of Justice on 20 June 2000 (Case Ref. C-2000/246); the case is currently pending.

(1) Judgement C-230/97, paragraph 41.