WRITTEN QUESTION No. 3889/97 by Marlene LENZ to the Commission. Transposition in Italy of Council Directive 91/ 439/EEC of 29 June 1991
Date: 1997-12-05
Institutions: European Parliament, LENZ
Subjects: Italy, approximation of laws, driving licence, infringement of EU law, infringement procedure (EU), national implementing measure, national law, residence

C 187/76

EN

Official Journal of the European Communities

16. 6. 98

Answer given by Mr Bangemann on behalf of the Commission

(29 January 1998)

The  Commission  agrees  that  the  requirements  of  Directive  94/55/EC  as  amended  by  Directive  96/86/EC  of
13  December  1996  on  the  approximation  of  the  laws  of  the  Member  States  with  regard  to  the  transport  of
dangerous goods by road, are sufficient to guarantee the free circulation of vehicles within the Community when
transporting dangerous goods but not the registration of such vehicles in a Member State.

In  fact  the  above  mentioned  Directive  does  not  contain  harmonised  technical  prescriptions  concerning  the
construction of such vehicles allowing them to be type-approved and registered in another Member State.

In order to ensure the free circulation and the registration of the base vehicle in the Community the Commission
has presented to the Parliament and to the Council a proposal for a Directive relating to the type approval of
motor vehicles and their trailers to be used for the transport of dangerous goods.

Once  this  proposal  is  adopted,  all  vehicles  fulfilling  the  requirements  of  the  directive  will  be  granted  a
Community type approval that will give them the right to be registered in each Member State.

(98/C 187/120)

WRITTEN QUESTION E-3889/97

by Marlene Lenz (PPE) to the Commission

(5 December 1997)

Subject: Transposition in Italy of Council Directive 91/439/EEC of 29 June 1991

What  action  will  the  Commission  take  to  ensure  the  immediate  transposition  in  Italy  of  Council  Directive
91/439/EEC of 29 July 1991 (1), in accordance with which a conversion of driving licences is no longer required
within the countries of the European Union?

A German citizen who acquired (cid:145)residenza(cid:146) (in Pantasina near Imperia) in January 1997, and who subsequently
re-registered  his  vehicle  in  Italy  with  the  appropriate  authorities  in  Imperia,  has  been  told  to  exchange  his
German driving licence for an Italian licence within one year.

When  he  inquired  whether  the  abovementioned  directive  had  already  been  transposed  in  Italy,  he  had  the
impression that the Italian authorities were not even aware of if.

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

Answer given by Mr Kinnock on behalf of the Commission

(29 January 1998)

Council  Directive  91/439/EEC  of  29  July  1991  on  driving  licences  came  into  effect  on  1  July  1996.  Italy
transposed  this  Directive  into  national  law  on  8  August  1994  (Gazzetta  Ufficiale,  Serie  Generale  193  del
19.8.1994, pp. 13-34).

However,  it  appeared  from  correspondence  between  the  national  authorities  in  Rome  and  the  local  offices
responsible for the implementation of the above-mentioned legislation that the transposition into Italian law was
not in conformity with some of the provisions of Directive 91/439/EEC. This was confirmed by a number of
complaints from citizens. In particular, since 1 July 1996 the main principle of mutual recognition of driving
licences issued by Member States has been restricted by the Italian authorities to driving licences that are in
conformity with the model specified in Annex I of Directive 91/439/EEC. This means that holders of a driving
licence issued by another Member State before 1 July 1996 and not in conformity with Annex I of the Directive,
were still required to exchange their licence within the period of a year after having taken up normal residence in
Italy.

Following  several  unsuccessful  requests  to  the  Italian  authorities  that  they  correctly  apply  the  Directive,  the
Commission sent a letter of formal notice to the Italian authorities on 29 July 1997. Italy replied by letter of
31 October 1997 and announced it would adapt its legislation to bring it in line with Directive 91/439/EEC. In
view  of  the  numerous  complaints  from  people  living  in  Italy,  the  Commission  intends  to  follow  this  issue
carefully  and  will  continue  its  infringement  procedure  while  awaiting  the  coming  into  effect  of  amended
provisions bringing the application of the Italian legislation into line with Directive 91/439/EEC.