WRITTEN QUESTION E-2589/99 by Richard Corbett (PSE) to the Commission. Updating of driving licences.
Date: 2000-01-11
Institutions: European Parliament, Provisional data
Subjects: administrative powers, citizen-authority relations, competence of the Member States, directive (EU), driving licence, national law

8.8.2000

EN

Official Journal of the European Communities

C 225 E/177

Is the Commission aware of this fact?

If so, what measures has the Commission taken or will it take to ensure transposition of Directive 79/409/
EEC in Italy?

Is the Commission considering instituting proceedings for infringement of the Treaty against Italy?

(1) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(24 January 2000)

Council Directive 79/409/EEC on the conservation of wild birds has been transposed in Italy by law no
157 of 11 February 1992 on the protection of warm-blooded wild animals and on hunting. This is a
framework law laying down the principles on the basis of which the regions adopt detailed rules. Under
Article 13 of that law, hunters may use only shotguns, bows and arrows or falcons. Any hunting methods
or weapons not expressly authorised in that Article are banned. Article 21 reinforces the ban by specifying
which activities and methods are prohibited, including hunting with nets. As for the wild bird species, only
those listed in Annex II of the Directive can be hunted under the above mentioned Italian legislation.
Therefore, the capture of protected wild bird species and the use of nets are generally prohibited in Italy.

However, the system of wild bird protection set out in the Directive allows for some derogations. Article 9
of the Directive lists the requirements and conditions under which derogations to the provisions of the
Directive are allowed. The Commission is aware that these conditions are not fully respected by the Italian
legislation. The way of implementing the above mentioned derogation regime of the Directive in Italy does
not comply with the provisions of Article 9 of the Directive. In the light of that, the Commission decided
in 1998 to bring the matter before the Court of justice. The Commission had considered that Italy had
failed to ensure respect for all conditions of the regime in certain situations where derogations are invoked
and to correctly regulate the capture of three wild bird species for use as decoys. The case is now pending
before the Court.

(2000/C 225 E/195)

WRITTEN QUESTION E-2589/99

by Richard Corbett (PSE) to the Commission

(11 January 2000)

Subject: Updating of driving licences

As it is no longer necessary to exchange driving licences when moving to a new Member State, which
national authorities are now responsible for any necessary updating (e.g. change of address on the licence)?

Is the Commission aware that problems have arisen because of the country of residence(cid:146)s claiming that this
is a question for the Member State of origin, whereas the Member State of origin says that this is a matter
for the new country of residence? If so, what does the Commission advise?

Answer given by Mrs de Palacio on behalf of the Commission

(31 January 2000)

Council Directive 91/439/EEC of 29 July 1991 on driving licences (1) establishes exclusive legal compe-
tence of the Member State of normal residence in case of replacement and renewal of licences, in case of
application of national provisions of criminal and police laws and in case of voluntary exchange of the
licence. Furthermore Directive 91/439/EEC foresees that a Member State of normal residence may apply its
national rules on the period of validity of licences on all licence holders on its territory.

C 225 E/178

Official Journal of the European Communities

EN

8.8.2000

Only the Member State of normal residence may conduct all administrative proceedings concerning the
competence mentioned above, thus including updating the licence on possible changes of address. The
issuing Member State loses its competence on driving licence issues, by the time the driver establishes
normal residence in another Member State and the host Member State is responsible for any national
administrative provisions it applies to the driver taking up normal residence in its territory.

(1) OJ L 237, 24.8.1991.

(2000/C 225 E/196)

WRITTEN QUESTION E-2591/99

by Daniel Hannan (PPE-DE) to the Commission

(11 January 2000)

Subject: Withholding of the Schengen acquis

There has been a degree of concern in certain quarters at Westminster that the United Kingdom has opted
into elements of the Schengen Accord without full knowledge of the whole of the acquis and certainly
before being able to deposit that acquis coherently in the House of Commons Library.

Can the Commission identify those elements of the acquis which have not been released to date, as they
retain their security grading status and remain restricted documents?

Answer given by Mr Vitorino on behalf of the Commission

(31 January 2000)

As far as the Commission knows, the United Kingdom has received the full texts of all the elements of the
Schengen acquis which have been incorporated into the Union framework.

Article 1§ 2 of Council Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen
acquis for the purpose of determining,
the EC and
EU Treaties, the legal basis for each of the provisions or decisions which constitute the acquis (1) stipulates
that the Schengen acquis is to be published in the Official Journal with the exception of (cid:145)those provisions
which at the time of the adoption of this Decision are classified as (cid:146)confidential(cid:145) by the Schengen Executive
the Schengen acquis were thus incorporated into the Union
Committee(cid:146). The various elements of
framework with the security grading assigned to them by the Executive Committee. This grading is
binding on all Member States.

in conformity with the relevant provisions of

(1) OJ L 176, 10.7.1999.

(2000/C 225 E/197)

WRITTEN QUESTION E-2592/99

by Daniel Hannan (PPE-DE) to the Commission

(11 January 2000)

Subject: Commissioners(cid:146) interests

The Commission(cid:146)s website lists the declared interests of the last Commission.

When will the updated list be published in readily-accessible form?

Will all Commissioners contribute fully?