Proposal for a COUNCIL DIRECTIVE amending Directive 91/439/EEC on driving licences
Date: 1994-10-24
Institutions: European Commission
Subjects: EC Accession Treaty, Finland, Sweden, driving licence, enlargement of the Union, traffic regulations

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

C0M(94)  429 
B r u s s e l s,  2 4 . 1 0 . 1 9 94 

f i n al 

P r o p o s al 

f or  a 

COUNCIL  DIRECTIVE 

amending Directive  91/439/EEC on driving licences  ÎS 

( p r e s e n t ed  by 

t he  C o m m i s s i o n) 

EXPLANATORY  MEMORANDUM 

I.  Background 

Directive 91/439/EEC1  introduces  a national driving  licence based  on a Community 
model  (Article  1(1)  of  the  Directive)  and  foresees  that  driving  licences  issued  by 
Member  States  shall  be  mutually  recognized  (Article  1(2)).  The  Community  model 
shall  be pink,  with  specified  dimensions  and shall consist  of  six pages. 

The model of driving  licences issued  in Norway,  Finland and Sweden differs  largely 
from  the  Community  model  as  they  consist  of  plastified,  "identity  card"  type 
documents. 

II.  Enlargement  of the  Community 

3. 

4. 

5. 

6. 

Norway requested a derogation from article 1(1) of Directive 91/439/EEC on grounds 
of  a possible  modification  of  the  Community  model  in the  forthcoming  years,  that 
could entail the introduction of an alternative Community  model licence in a plastic 
"credit card"  format. 
The  following  provision  was  introduced  in the Act of  Accession: 
«The Kingdom of Norway may continue to issue its present driving  licence model in 
derogation  from  Article  1(1) until 31 December  1997. At the end of  that period  the 
Kingdom  of  Norway  shall  apply  the  "acquis  communautaire"  existing  at  that  time 
regarding  driving  licences.»2 

Finland  introduced a similar request  in the late stages of the accession  negotiations. 
Given the tight schedule for  completing the negotiations  and finalising the draft  Act 
of  Accession  with  a view to presenting  it to the European  Parliament  for  assent,  it 
was not possible to introduce a derogation to Directive 91/439/EEC for Finland in its 
provisions,  but it was agreed  to address  the issue  in the Interim  Period3. 

Sweden also indicated a similar problem. Given the similar situation prevailing in the 
two countries,  the Commission considers that the case of  Sweden should be  treated 
similarly  to the one of  Finland. 

Given the similarity  of the model of driving licences issued  in Norway,  Finland  and 
Sweden,  the  Commission  is  forwarding  to  the  Council  the  attached  proposal  for  a 
Directive  amending  Directive  91/439/EEC  with  a  view  to  granting  Finland  and 
Sweden  a similar  derogation  to that granted  to Norway. 

1  OJ No.L 237,  24.8.1991,  p.l. 

2 

3 

OJ  No.  C  241, 29.8.1994,  p.  324 

Doc.  CONF  8/94  General,  12 April  1994-IV  n*l. 

A 

Council Directive 94/..../E  C 
amending Directive  91/439/EEC on driving licences 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard to the Treaty  establishing  the European Community, 

Having  regard  to the Act  of Accession of  Norway,  Austria,  Finland  and Sweden1,  and in 
particular  Article  169 thereof; 

Having  regard  to the proposal  from the Commission2; 

Whereas  Norway  was,  pursuant  to  Article  151  and Annex  XV  of  the  Act  of  Accession, 
granted  a derogation to Directive  91/439/EEC3 regarding  the model of driving  license; 

Whereas  driving licenses in Finland and  Sweden, as in Norway, consist of plastified cards; 
whereas, pending consideration of a new Community model, Finland and Sweden should also 
be authorised to maintain their present driving licence model until 31 December  1997; 

Whereas pursuant to the accession of Finland and Sweden, Directive 91/439/EEC should be 
amended so as to provide for these two countries the same derogation as Norway was granted 
in the Accession Act; 

Whereas by virtue of Article 2(3) of the Treaty of Accession, the Institutions of the European 
Community  may adopt,  before  accession,  the measures pursuant to article  169 of the Act, 
such measures entering into force subject to, and on the date of entry into force of,  the said 
Treaty; 

1  OJ No.  C  241,  29.8.1994. 

2  COM  (94)  ... 

3  OJ  No.  L 237, 24.8.1991,  p.l. 

«À&*. 

HAS ADOPTED  THIS DIRECTIVE 

Article 1 

In Article  1 (1)  of  Directive  91/439/EEC,  the following  phrase  shall  be added : 

"However, Finland and Sweden may continue to issue driving licences based on their present 
model until 31 December  1997." 

Article 2 

This Directive shall enter into force subject to, and on the date of,  the entry into force of the 
Treaty  of Accession of  Norway,  Austria,  Finland and Sweden. 

This Directive  is addressed  to the Member States. 

Done at Brussels, 

1994, 

For the  Council 
The President 

ISSN 0254-1475 

COM (94) 429 final 

DOCUMENTS 

EN 

06 07 

Catalogue number : CB-CO-94-453-EN-C 

ISBN 92-77-81082-3 

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