OPINION OF THE COMMISSION on the amendments proposed by the European Parliament to the Council's common position on the proposal for a COUNCIL DIRECTIVE AMENDING DIRECTIVE 91/439/EEC ON DRIVING LICENCES
Date: 1996-07-18
Institutions: European Commission
Subjects: European driving licence, data processing, harmonisation of standards, information technology applications, mutual recognition principle

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  18.07.1996 
COM(%) 401 final 

95/0109 (SYN) 

OPINION OF THE  COMMISSION 
on the amendments proposed by the European Parliament 
to the Council's common position  on the 

proposal  for a 
COUNCIL  DIRECTIVE 

AMENDING  DIRECTIVE 91/439/EEC 
ON DRIVING  LICENCES 

(presented by the Commission  pursuant to Article  189 c (d)  of the EC Treaty) 

On 6 June  1996, the European Parliament amended the common position concerning the 
abovementioned proposal, adopted by the Council on 26 February  1996. The Parliament's 
amendments are enclosed. 

Pursuant to Article  189c point (d) of the EC Treaty, the Commission has re-examined its 
proposal  and decided  against the amendments for  the following  reasons: 

Amendment No 1 

Although the Commission agrees with Parliament that the introduction of a microchip in 
driving licences could increase flexibility of use and reduce the risk of forgery, it believes 
that  it  would  be  premature  at  this  stage  to  state  this  in  a  recital;  indeed,  this  would 
prejudge  the  conclusions  of  the  Working  Group  to  be  set  up  by  the  Commission,  in 
accordance with its declaration, to report on the implications of the possible introduction 
of a microchip  or similar  device in driving licences. 

Amendment No 2 

This  amendment  aims  to  make  it  compulsory  for  the  name  of  the  Member  State 
responsible  for  granting the licence to appear  in  full. 

The  Commission  considers  that  the  flexibility  provided  for  in  the  common  position  is 
preferable.  Furthermore, the amendment proposed  would cause there to  be a  difference 
between the licence models  in Annex I (the  "paper"  licence in three parts) and those in 
Annex la (the  "plastic" licence in the style of a credit card). 

Amendment No 3 

This  amendment  aims to delete the words  "European Communities  model". This  is not 
acceptable  since this confirms  that the right to drive granted by a Member  State is valid 
throughout  the Community. 

Furthermore,  as  for  Amendment  No  2,  such  a  deletion  would  cause  an  unjustified 
difference  between the two licence models. 

Amendment No 4 

This amendment aims to regulate taxes levied on driving licences by Member States. This 
cannot be accepted by the Commission since it is up to the Member States to levy taxes 
for  granting  or renewing  driving  licences if they  so wish. 

The Commission  therefore  maintains its proposal  and rejects  the amendments  proposed 
by the Parliament  to the Council's  Common Position. 

End.: 4 amendments 

Common position of the Council 

Amendments by Parliament 

(Amendment  1) 
Recital 3 

Whereas,  in  the  context  of  mutual 
recognition  of  licences,  there  is a 
need  to  ensure  compatibility  and 
interoperability  of  such  licences 
throughout the Community; whereas, to 
that  end,  the  introduction  on  an 
individual 
computer 
technology  into  the  Community  model 
licence  should  be  avoided,  while 
nevertheless leaving space on it for 
the possible later introduction of a 
microchip or similar computer device; 

basis 

of 

Whereas,  in  the  context  of  mutual 
recognition  of  licences, there  is a 
need  to  ensure  compatibility  and 
interoperability  of  such  licences 
throughout  the  Community  that  can 
also offer a potential  for increased 
flexibility  of  use, increase  of  the 
security and reduction of the risk of 
forgery of driving licences; whereas, 
to that end, the  introduction on an 
individual 
computer 
technology  into  the  Community  model 
licence  should  be  avoided,  while 
nevertheless leaving space on it for 
the possible later introduction of a 
microchip or similar computer device; 

basis 

of 

(Amendment 2) 
Annex la 
Point 2, page 1, (b) 

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

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

(Amendment  3) 
Annex la 
Point 2, page 1, (e), introduction 

(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: 

(e)  The  words  "Driving  Licence"  in 
the other  languages  of  the European 
Community shall be printed in pink to 
form the background of the licence: 

(Amendment 4) 
Annex la 
Point 3(ba) (new) 

(ba) Member States shall undertake to 
charge only  for  the cost  of  issuing 
the driving  licence. Thev  shall not 
lew  any annual tax. 

DOC EN\RR\298\298445 

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