Proposal for a COUNCIL DIRECTIVE amending Directive 91/439/EEC on driving licences
Date: 1995-05-10
Institutions: European Commission
Subjects: European driving licence, European standard, driving licence, harmonisation of standards

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  10.05.1995 
COM(95)  166  final 

95/0109(SYN) 

Proposal  for a 

COUNCIL DIRECTIVE 

amending Directive  91/439/EEC 

on driving  licences 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

A.  FOREWORD 

1.  One  of  the  Council's  aims  in  adopting  Directive  80/1263/EEC  of  4  December 

1980  was  to  facilitate  the  free  movement  of  people  travelling  within  the 

Community  or  taking  up residence  in  a Member  State other  than  the one  where 

they  passed  their  driving  test.  As  part  of  this  move,  the  Council  decided  to 

establish a Community model for national driving licences, as described  in Annex 

I of the directive. 

2.  On  29  July  1991,  the  Council  adopted  a  second  directive  on  driving  licences 

(Directive  91/439/EEC),  which  adapts  the  model  established  by  Directive 

80/1263/EEC  to take account in particular  of the harmonisation  of categories and 

sub-categories of vehicles and to aid comprehension of driving licences both inside 

and  outside  the  Community.  The  revised  model  introduced  in  particular  a 

compulsory  photograph  of  the holder  and replaced  text with  codified  indications 

and  symbols,  thus removing  any need  for  translation. 

National  licences  issued  from  1.7.1996  will  have  to  comply  with  the  revised 

model,  which  will  also  be  compulsory  for  EEA  (European  Economic  Area) 

member countries. 

3.  However, Finland, Sweden and Norway currently issue plasticised driving licences 

in  identity  card  format,  and  do  not  wish  to  return  to  the  paper  format  of  the 

Community  model  as defined  in Directive  91/439/EEC. 

The  United  Kingdom  wishes  to  incorporate  the  holder's  photograph  into  the 

licences  it issues  by  means of an efficient  production  method. 

This  would  require  an  amendment  to  Directive  91/439/EEC  in  order  to  give 

Member  States  the option  of issuing  a driving  licence in an alternative  format. 

4. 

In  addition,  technological  developments,  particularly 

in  the  field  of  data 

communication,  are likely to open  up the prospect  of  new applications  -  starting 

with the use of  smart cards or microchip cards - which will pave the way for  the 

efficient  production and management of these documents and the information  they 

contain, and for practical advantages for both the authorities and the card  holder. 

One of the first  practical  steps in the field of intelligent portable documents could 

be  the  introduction  of  a  driver's  card  which  would  memorise  the  activities  of 

professional  drivers  as  part  of  the  application  of  social  legislation  on  road 

transport  (COM  (94) 323 final). 

5.  A  feasibility  study  and  discussions  with  national  experts  have  shown  that  an 

electronic driving licence in credit card format is a forward-looking  option which 

meets the requirements and expectations in terms of format, production,  flexibility 

and  functionality  for  driving  licences.  Pending  the  standardisation  of  certain 

elements  necessary  to ensure compatibility  and interoperability,  the groundwork 

for progress  should be laid by adopting a medium which will be compatible with 

future  developments  in  information  technology. 

At all events, any model driving licence must contain all the information  necessary 

for  recognition  and  checking,  both  within  and  outside  the  European  Union, 

without  the use of  specific  technologies  or  equipment. 

B.  THE AIMS OF THE PROPOSED DIRECTIVE 

The aim of this proposal  for  a directive is to introduce a new Community  model 

driving  licence as an  alternative  to the  model contained  in  Annex  I of  Directive 

91/439/EEC: a licence in credit card  format  which fulfils  the requirements  of the 

issuing  States,  those who check the licence and the holder,  while complying with 

the aims of  mutual recognition  and paving  the way for  technological  progress. 

The adoption  of  this proposed  directive  with effect  from  1.7.1996 would  enable 

the  Member  States  (and  the  EEA  countries)  to  move  directly  from  the  current 

model,  as  set out in Directive  80/1263/EEC,  to the new  "credit card"  model. 

C.  JUSTIFICATION  WITH  REGARD  TO  THE  PRINCIPLE  OF 

SUBSIDIARITY 

a)  What are the aims of  the directive in relation  to Community  obligations? 

The  aim  of  the  directive  is  to  define  a  Community  model  for  national  driving 

licences which would facilitate comprehension and therefore recognition of driving 

licences  throughout  the  Community,  particularly  since  Article  1  of  Directive 

91/439/EEC  established  the principle  of  recognition  of  driving  licences  without 

requiring  them  to  be  exchanged  where  the  holder  takes  up  residence  in  the 

territory  of a Member  State other  than that which issued  the licence. 

The directive would help in ensuring the free movement of people in the European 

Union  and  aid  road  safety  by  facilitating  checks  on  driving  licences  where 

necessary. 

b) 

Is the Community alone competent for this measure, or is this competence shared 

with  the Member  States? 

Shared  competence:  Article 75, paragraph  lc  of  the Treaty. 

c)  What is the Community dimension of the problem (e.g. number of Member States 

involved and existing  solutions)? 

Directive 91/439/EEC defining  the Community  model to which national driving 

licences  must conform  applies  to all  the Member  States.  The  new  annex  gives 

Member States a choice of two models, depending on their particular needs, and 

ensures  recognition  by the other Member States. 

These provisions  will also apply to the EEA  member countries. 

d)  What  is  the  most  effective  solution  given  the  means  the  Community  and  the 

Member States have at their disposal? 

The  principle  of  mutual  recognition  of  driving  licences  in  the  European 

Community is based inter alia on the existence of a Community model which can 

be  easily  understood,  to  which  the  national  administrations  conform;  the 

development  of  disparate  national  models  would  compromise  this  fundamental 

objective. 

The definition  and adoption of a common model is therefore justified. 

e)  What is the real value added of this measure at Community level, and what would 

be the cost of not taking this action? 

The adoption of a new Community model offers a solution to the problems which 

issuing  licences based on the paper model,  meeting the requirements of the other 

Member  States  which  need  to  check  them,  and  guaranteeing  the  holders 

recognition  throughout the European Union presents  for certain Member States. 

Moreover,  the new model opens up the prospect of new applications (see Article 

2). 

Not taking any action  would leave the technical problems encountered  by certain 

Member  States  with  no  satisfactory  solution,  and  would  bar  the  way  to 

technological  development  and  progress  in  terms  of  flexibility,  security,  checks 

and  management  of driving  licences. 

f)  What  methods does the Community  have at its disposal? 

Is uniform regulation necessary, or would a directive setting out general objectives 

and leaving  implementation  to the Member  States be  sufficient? 

Directive 91/439/EEC  sets out  specifications  for  national driving  licences.  Only 

an  amendment  of  this  directive  can  enable  an  alternative  model  guaranteeing 

holders  subsequent  recognition  within  the  European  Economic  Area  to  be 

introduced.  Publication  in  the Official  Journal  also informs  other  countries  (e.g. 

eastern European countries) of the new model in force; furthermore,  some of these 

countries  are  prepared  to  adopt  the  same  basic  model  at  national  level,  thus 

broadening  the impact and  benefits  of  standardisation. 

D.  CONSISTENCY  WITH  OTHER  COMMUNITY  POLICIES  AND 

MEASURES 

The  measure  is intended,  inter alia,  to prepare  the ground  for  compatibility  and 

interoperability  with the card in prospect  for professional  drivers,  as specified  in 

the Proposal  for  a  Council Regulation  amending  Council  Regulation  (EEC)  No. 

3821/85  and  Council  Directive  (EEC)  88/599  on  recording  equipment  in  road 

transport.  More  broadly,  it  is  in  line  with  the  wprk  undertaken  as  part  of 

technological  progress  on  data  communication  applications  (Council  Resolution 

94/C  309/01  of 24 October  1994 on telematics  in the transport  sector). 

E.  CONTENT OF THE PROPOSAL 

Article  1  introduces  Annex  la  (credit  card  format  Community  model  driving 

licence)  as  an  alternative  to the paper  model  proposed  in  Annex  I  of  Directive 

91/439/EEC. 

Article 2 anticipates  that the new  model could  be introduced  from  1.7.1996,  the 

date of entry  into force  of Directive 91/439/EEC. 

Annex I bis defines  the alternative  Community  model driving  licence. 

F.  EEA  IMPLICATIONS 

Directive  91/439/EEC  applies  in  its  entirety  in  the  EEA  member  countries. 

However,  a temporary  exemption  was granted  to the EEA  States with  regard  to 

the  Community  model  given  in  Annex  I  of  Directive  91/439/EEC,  pending 

adoption  of  the alternative credit card  format  model described  in  this directive. 

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

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 Commission1, 

In cooperation  with the European  Parliament2, 

Having regard to the opinion of  the Economic and Social Committee3, 

Whereas  Council  Directive  91/439/EEC4  of  29  July  1991  on  driving  licences,  as  last 
amended  by  Council  Directive  94/72/EC5,  provides  that  national  driving  licences  are 
issued  in accordance with the Community  model described  in its Annex I ; 

Whereas it is desirable  to introduce an alternative  model driving  licence which can use 
modern  management technologies  and offer  a potential  for  increased  flexibility  of use, 
increase of the security  of and reduction  of  the risk of  forgery  of driving  licences ; 

Whereas the design of the new model driving licence should incorporate a space for the 
possible introduction  of a microchip ; 

Whereas to assure  compatibility  and interoperability  throughout  the European  Union it 
is desirable  to define  common  specifications  and standards  before  such  microchips are 
introduced  separately  by individual  Member States ; 

4  OJNoL237,  24.8.1991, p.  1. 
5  OJ No L 337,  24.12.1994,  p.  86. 

Whereas in this context the introduction in the future of a driver's card for professional 
drivers  in accordance  with the provisions  laid down in  Council  Regulation  (EEC)  No 
3821/856 of 20 December 1985 on recording equipment in road transport should be taken 
into account ; 

Whereas,  with regard to the technical specifications  of the model driving licence model, 
this  Directive  applies  the  "new  approach"  to  technical  harmonised  standards  by 
establishing  a general framework  for the specifications  leaving detailed requirements  to 
industrial  standardisation procedures  ; 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

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

1.  Article  1(1) and Article 2(3) are amended by adding  "or I a" after  "Annex I". 

2.  A new annex,  Annex 1 a,  as defined  in the annex of the present Directive,  is added. 

Article 2 

1.  After consulting the Commission,  Member States shall adopt the laws, regulations or 
administrative provisions necessary  to comply with this Directive as of  1  July 1996. 

2.  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  a  reference  shall  be  laid  down  by  the 
Member States. 

O.J.  No L 370,  31.12.1985,  p.  8. 

Article 3 

This Directive  shall  enter into force on the 20th day after  its publication. 

Article 4 

This Directive is addressed  to the Member States. 

Done at  Brussels, 

For the Council 
The President 

10 

"ANNEX  I a" 
to Directive  91/439/EEC 

PROVISIONS  CONCERNING  THE  COMMUNITY  MODEL 
DRIVING  LICENCE 
(Alternative  to the model of  Annex  I) 

1.  The  Community  model driving  licence  shall  have the following  characteristics  : 

-  physical characteristics  of the card in accordance with ISO 7810  and ISO 7816-1 
-  dimensions  and  location  of  the contacts  in accordance  with  ISO 7816-2 
-  electronic  signals  and  transmission  protocols  in accordance  with  ISO 7816-3 
- 

interindustry  commands  for  interchange  in accordance  with  ISO 7816-4  (draft) 

Methods  for  testing  the  characteristics  of  driving  licences  for  the  purpose  of 
confirming  their  compliance with  the international  standards  shall  be in  accordance 
with ISO 10373. 

2.  The  licence shall  have two sides 

Page  1 shall  contain: 

a)  The words  "Driving Licence" printed  in large type in the language or languages 

of  the Member  State issuing  the licence. 

b)  The  name  of  the Member  State issuing  the  licence  (optional). 

c)  The  distinguishing  sign  of  the  Member  State  issuing  the  licence,  printed  in 
negative  in  a  blue  rectangle  and  encircled  by  twelve  yellow  stars  ;  the 
distinguishing  signs  shall  be as  follows  : 

B 
: Belgium 
DK  : Denmark 
D 
: Germany 
GR  : Greece 
: Spain 
'E 
F 
: France 
IRL  : Ireland 

I 
L 
NL 
A 
P 
FIN 
S 
UK 

Italy 
Luxembourg 
The  Netherlands 
Austria 
Portugal 
Finland 
Sweden 
The United  Kingdom 

11 

d)  Information  specific  to the licence issued  shall be printed as follows: 

surname of the holder ; 
other name(s) of  the holder ; 
date and place of birth ; 

1. 
2. 
3. 
4.  a.  date of issue of  the licence 

b.  date of expiry  of the licence 
c.  the name of the issuing  authority  (may be printed on page 2) ; 

number of the licence ; 
photograph of the holder ; 
signature of the holder ; 

5. 
6. 
7. 
(8.)  permanent place of residence,  or postal address  (optional) ; 
9. 

(sub)category(ies)  of  vehicle(s)  the  holder  is  entitled  to  drive  (national 
categories shall be printed in a different type from harmonized categories); 

e)  The  words  "European  Communities  model" in the language(s)  of  the Member 
State issuing the licence and the words "Driving Licence", in the other languages 
of the European Community shall be printed in pink to form the background of 
the licence. 

Permiso de Conduction 
Korekort 
Fuhrerschein 
'Aôeia  Oôrjyqcrqç 

Driving Licence 
Ajokortti 

Permis de Conduire 
Ceadûnas Tiomâna 
Patente di guida 
Rijbewijs 
Carta de Conduçâo 
Kôrkort 

f)  Colour references  : 

- blue  : pantone reflex  blue C 
- yellow  : pantone yellow 2 
Additional colours and/or security features may be added after consultation with 
the Commission. 

12 

Page 2  shall contain: 

a)  9. 

(sub)  category(ies)  of  vehicle(s)  the  holder  is  entitled  to  drive  (national 
categories  shall  be  printed  in  another  character  type  than  harmonized 
categories)  ; 

10.  date of first issue of each (sub)category  (this date must be repeated on the 

new licence in the event of  subsequent replacement  or exchange) 

11.  date of expiry  of each (sub)category 
12.  additional information/restriction(s),  in code form, facing the (sub)category 

affected. 

The codes  shall be as follows  : 

- codes  1-99 
- codes  100 and above 

:  harmonized  Community codes 
:  national codes valid only for driving in the territory 

of the State which issued  the licence. 

Where  a  code  applies  to  all  (sub)categories  issued  it  may  be  printed  under 
columns 9,  10 and 11. 

b)  An explanation of  the numbered entries  which appear on page  1 of  the licence 

(at least entries  1,  2,  3,  4,  5,  10,  11, 12). 

If a Member State wishes to make the entries in a national language other than 
one  of  the  following  languages  :  Danish,  Dutch,  English,  Finish,  French, 
German,  Greek,  Italian,  Portuguese,  Spanish,  Swedish,  it  will  draw  up  a 
bilingual  version  of  the  licence  using  one  of  the  aforementioned  languages, 
without prejudice to the other provisions  of this Annex. 

c)  A microchip (optional). 

Apart from the provisions laid down in point 1  of this Annex,  the  specifications 
relating  to the microchip shall  be specified  later. 

d)  After  consultation  with  the Commission,  additional  colours  or  markings  (e.g. 
bar  codes,  national  symbols,  security  features,  etc.)  may  be  added,  without 
prejudice  to the other provisions  of this Annex. 

13 

3.  Special provisions 

a)  The model licence of  this Annex shall be valid for a maximum of  10 years. 

b)  Where the driving  licence card is  equipped  with a microchip,  the holder  shall 

have access  to the information  in its memory. 

14 

COMMUNITY MODEL DRIVING LICENCE 

SPECIMEN COMMUNITY MODEL DRIVING LICENCE: BELGIAN LICENCE 

(for information) 

KONINKRIJKBELGIE 

RIJBEWIJS 
1.  Steven 
2.  Anne-Marie ME. 
3.  01.04.73 
D-53170Bonn 
4a.  01.07.96  4c. B-9000 Gent 
4b  30.06.06 
5  DA003360 

7 ^Wi^oo.: 

PERMIS DE CONDUIRE  ROYAUME DE BELGIQUE 
1.  Quentin 
2.  Maria N.E. 
3.  01.04.73 
B-7000Mons 
4a.  01.07.96  4c. B-1180Ucde 
4b  30.06.06 
5.  DA 003 361 

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A 

B 

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