WRITTEN QUESTION E-0349/02 by Bartho Pronk (PPE-DE) to the Commission. Use of European Union driving licence in the Netherlands.
Date: 2002-02-12
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, European driving licence, Netherlands, driving licence, infringement of EU law, infringement procedure (EU), mutual recognition principle, traffic regulations

18.7.2002

EN

Official Journal of the European Communities

C 172 E/187

Joint answer
to Written Questions E-0347/02, E-0378/02 and E-0540/02
given by Mrs de Palacio on behalf of the Commission

(4 April 2002)

The problem of non-standard spare parts is an issue the American aeronautical authorities are already well-
acquainted with; to tackle this problem, they have in the past launched various initiatives which have been
taken over by several European aeronautical authorities.

Given this background, the announcement by the Italian police that Airbus A300 components resulting
from the ‘cannibalisation’ of out-dated aircraft had been seized, implicating three companies (Panaviation,
New Tech Italia and New Tech Aerospace), is to be deplored although it did not come as a surprise.

The main components of aircraft are subject to a certification procedure and their lifespan is often limited
(either in time or in terms of flight hours). Aircraft components are also documented so that their origin
and history can be traced.

Unfortunately, as in any sector where important financial interests are at stake, falsification is possible.
Indeed, the prices of aircraft components are such that illegal trading in non-certified spare parts or parts
salvaged from out-dated aircraft can prove very lucrative.

the
The problem is therefore very real and aviation authorities are aware of
Commission will take particular care to ensure that, when the European Aviation Safety Agency (EASA)
is set up, certification procedures for aircraft components take particular account of the falsification issue.

this. Consequently,

This will consist in a detailed review of Part 21 (aircraft and spare parts certification) of the existing Joint
Aviation Authorities (JAA) procedures, which will form the basis for the rules on implementing the EASA
that the Commission will be drawing up.

The Commission is determined not to allow air security to be weakened in this way. This cannot, however,
be a substitute for the efforts the Member States should be making, since it is they that have the penal
powers in the fight against the falsification of certified parts and of documents in general.

(2002/C 172 E/199)

WRITTEN QUESTION E-0349/02

by Bartho Pronk (PPE-DE) to the Commission

(12 February 2002)

Subject: Use of European Union driving licence in the Netherlands

EU citizens who remove from another Member State to the Netherlands are required, within one year of
the date of settlement, to exchange their original driving licence or to register it with the Netherlands
authorities. The Netherlands bases itself in this connection on Article 108h of its 1994 Road Traffic Act.

The Netherlands is here expressly circumventing Article 8 of Directive 91/439 (1),
together with an
interpretation of the directive as handed down by the Court of Justice in the Awoyemi case (C-230/97),
where the Court expressly refers to the possibility of driving a motor vehicle with a driving licence issued
by a third Member State.

1.
Does the Commission agree that Article 108h of the 1994 Road Traffic Act and the associated
implementing arrangements conflict with the law in force as laid down in Article 8 of Directive 91/439,
and in particular the Awoyemi case (C-230/97), as pointed out by the European Court of Justice?

2.
The compulsory registration or exchange of a driving licence issued by a third Member State is a rule
that has been left over from Directive 80/1263 (2). But Article 13 of Directive 91/439 stipulates that the
said Directive 80/1263 had lapsed as of 1 July 1996. Does the Commission agree that the corresponding
national law provision in Article 108h of the 1994 Road Traffic Act consequently must also have lapsed?

C 172 E/188

Official Journal of the European Communities

EN

18.7.2002

If the Commission answers no to the first question, does it not even so agree that the requirement to
3.
register or exchange a driving licence amounts to an obstruction of the free movement of persons? Does it
still stand behind the ninth recital to the directive which states that the compulsory exchange requirement
amounts to obstruction of free movement, which, at current levels of European integration, is no longer
acceptable.

4. Will the Commission be prepared to bring proceedings pursuant to Article 226 of the EC Treaty
against the Netherlands?

5.
If the answer to my fourth question is no, will the Commission at least be prepared to draw the
Netherlands government’s attention to the fact that Article 108h of the 1994 Road Traffic Act obstructs
the free movement of persons?

(1) OJ L 237, 24.8.1991, p. 1.
(2) OJ L 375, 31.12.1980, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(26 March 2002)

1. and 3.
The Commission is of the opinion that the obligatory and systematic registration of driving
licences deriving from Articles 108(1) under h, and 109 of the ‘Wegenverkeerswet’ is incompatible with the
principle of mutual recognition as laid down in Article 1(2) of Council Directive 91/439/CEE of 29 July
1991 on driving licences. As regards the recognition of licences issued in third countries (Article 8(6)), the
decision on this recognition is up to the competence of each individual Member State.

2.
First Council Directive 80/1263/CEE of 4 December 1980 on the introduction of a Community
driving licence, has been repealed on 1 July 1996 at the coming into force of Directive 91/439/CEE. At
the same time Article 1(2) has entered into force since it is vested with direct effect. Starting from this
moment Community-licences have to be mutually recognised without any formality (1). Therefore the
Commission is of the opinion that Article 108 h of the ‘Wegenverkeerswet’ 1994 is incompatible with
Article 1(2).

4. and 5.
The Commission has launched an infringement procedure against the Netherlands on the
above-mentioned subject on the basis of Article 226 of the EC Treaty, which was lodged before the Court
of Justice on 20 June 2000 (Case Ref. C-2000/246); the case is currently pending.

(1)

Judgement C-230/97, paragraph 41.

(2002/C 172 E/200)

WRITTEN QUESTION E-0362/02

by Jillian Evans (Verts/ALE) and Bart Staes (Verts/ALE) to the Commission

Subject: Economy class syndrome

(14 February 2002)

In the last three years more than thirty persons have died in Europe after a long flight. They were all
victims of cases of thrombosis. Some specialists and scientific publications have established a relationship
between the overseas flights and those accidents.

The European Union could be facing a case of public health protection. Information is therefore necessary.

Can the Commission provide information about this problem? Have the air companies been asked to
cooperate with the Commission in the investigation?