Common Position (EC) No 2/2003 of 5 December 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC
Date: 2002-12-05
Institutions: Council of the European Union
Subjects: carriage of goods, carriage of passengers, continuing vocational training, drivers, driving instruction, professional qualifications, road transport

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COMMON POSITION (EC) No 2/2003

adopted by the Council on 5 December 2002

with a view to the adoption of Directive 2003/. . ./EC of the European Parliament and of the
. . . on the initial qualification and periodic training of drivers of certain road
Council of
vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No
3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC

(2003/C 32 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

required by a few Member States, the majority of drivers
now driving on Community territory are carrying out their
profession solely on the basis of a driving licence.

Having regard to the Treaty establishing the European
Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the Economic and Social
Committee (2),

After consultation of the Committee of the Regions,

Acting in accordance with the procedure referred to in Article
251 of the Treaty (3),

Whereas:

(1) Article 5(1),

(2)

and (4) of Regulation (EEC) No
3820/85 (4) provides that certain drivers engaged in the
carriage of goods or passengers by road must, depending
on their age, on the category of vehicle used and on the
distance to be travelled, hold a certificate of professional
competence in conformity with Community rules on the
minimum level of training for some road transport drivers.
by Directive
That minimum level
76/914/EEC (5).

determined

is

(2) Given that the provisions of Regulation (EEC) No 3820/85
apply to a very small percentage of drivers and that
is only
currently the compulsory training of drivers

(1) OJ C 154 E, 29.5.2001, p. 258.
(2) OJ C 260, 17.9.2001, p. 90.
(3) Opinion of

the European Parliament of 17 January 2002 (OJ
C 271 E, 7.11.2002, p. 381), Council Common Position of
5 December 2002 and Decision of the European Parliament of
. . . (not yet published in the Official Journal).

(4) Council Regulation (EEC) No 3820/85 of 20 December 1985 on
legislation relating to road

the harmonisation of certain social
transport (OJ L 370, 31.12.1985, p. 1).

(5) Council Directive 76/914/EEC of 16 December 1976 on the
minimum level of training for some road transport drivers (OJ
L 357, 29.12.1976, p. 36).

(3) To enable drivers to meet the new demands arising from
the development of the road transport market, Community
rules should be made applicable to all drivers, whether
they drive as self-employed or salaried workers, and
whether on own account or for hire or reward.

(4) The establishment of new Community rules is aimed at
ensuring that, by means of his qualification, the driver is
of a standard to have access to and carry out the activity
of driving.

road safety and the

(5) More particularly, the obligation to hold an initial qualifi-
cation and to undergo periodic training is intended to
the driver,
improve
including during operations carried out by the driver
while the vehicle is stopped. Furthermore,
the modern
nature of the profession of driver should arouse young
people's interest
in the profession, contributing to the
recruitment of new drivers at a time of shortage.

safety of

(6) To avoid unequal conditions of competition, this Directive
should apply to the activity of driving both by the
nationals of a Member State and by nationals of third
countries who are employed or used by an undertaking
established in a Member State.

(7) In order to establish that the driver complies with his
obligations, Member States should issue the driver with a
certificate of professional competence, hereinafter referred
to as ‘CPC’, certifying his initial qualification or periodic
training.

(8) Given the differences between current systems in certain
Member States, Member States should be able to choose
between several options so as to facilitate the implemen-
tation of the provisions relating to the initial qualification.

(9) In order to maintain their qualification of driver, existing
drivers should be obliged to undergo periodic retraining in
the skills essential for their profession.

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(10) The minimum requirements to be met

for the initial
qualification and the periodic training concern the safety
rules to be observed when driving and while the vehicle is
stopped. The development of defensive driving, antici-
pating danger, making allowance for other road users,
which goes hand in hand with rational fuel consumption,
will have a positive impact both on society and on the
road transport sector itself.

(11) This Directive should not affect the rights acquired by a
driver who has held the driving licence necessary to carry
out the activity of driving since before the date laid down
for obtaining a CPC certifying the corresponding initial
qualification or the periodic training.

(12) Only training centres which have been approved by the
competent authorities of the Member States should be able
to organise the training courses laid down for the initial
qualification and the periodic training. To ensure the
quality of these approved centres, the competent auth-
orities should set harmonised criteria for their approval.

(13) Not only the competent authorities of the Member States
but also any entity designated by them should be
in
responsible for organising the tests provided for
connection with the initial qualification and the periodic
training. Given the importance of this Directive for road
safety and for the equality of conditions of competition,
the competent authorities of the Member States should
supervise such tests.

(14) Member States should prescribe that the first session of
periodic training is to be completed and should issue the
corresponding CPC, within the five years following either
the date of issue of the CPC certifying the initial qualifi-
cation or the expiry date of the time limit set for certain
drivers to claim their acquired rights. It should also be
possible
shortened or
extended. Following his first periodic training, the driver
should undergo periodic training every five years.

to be

limits

these

time

for

recognition of

(15) To certify that a driver who is a national of a Member
State is the holder of one of the CPCs provided for by this
the
Directive, and to facilitate mutual
various CPCs, Member States should affix the harmonised
Community code laid down for that purpose, together
with the code's expiry date, either to the driving licence
or to the new driver qualification card, to be mutually
recognised by Member States, the harmonised model of
which is laid down by this Directive. This card should
the driving
meet
licence, given the importance of
the rights which it
confers for road safety and the equality of conditions of

the same security requirements as

competition. The possibility afforded to Member States to
affix the Community code on the new card should enable
them to lay down a period of validity for driving licences
which does not coincide with the date of expiry of the
given that Directive
training,
validity
91/439/EEC (1) provides that each Member State is to
retain the right to determine, on the basis of national
criteria,
the driving licences
which it issues.

the period of validity of

of periodic

(16) Annexes I and Ia to Directive 91/439/EEC should be
amended so as to add to the list of harmonised codes
and subcodes
the new
Community code determining the date until which a
driver fulfils the professional skills requirement, whether
this is an initial qualification or periodic training.

in those Annexes,

set out

(17) Special certification provisions should be laid down for
drivers covered by this Directive who are nationals of
third countries.

(18) The Commission should monitor the implementation of
this Directive, particularly given the different initial qualifi-
cation systems which it lays down, and should submit a
report on this subject to the European Parliament, the
Council,
the Economic and Social Committee and the
Committee of the Regions.

(19) Given the significant number of drivers covered by this
Directive, the provisions relating to the initial qualification
should be applied in two stages, depending on whether the
carriage of passengers or the carriage of goods is involved.
The phased application of this Directive as regards the
initial qualification for drivers of vehicles engaged in the
carriage of goods and passengers should also make it
possible for periodic training to be established in a
phased manner.

(20) The measures necessary to implement

this Directive
should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (2).

for

(21) To take account of the application on two different dates
of the provisions relating to the initial qualification, the
relevant provisions of Regulation (EEC) No 3820/85 and
of Directive 76/914/EEC should be repealed.

(22) However, it is desirable, in order to respect the principles
of Community law, that drivers of vehicles used to carry
out transport where this is considered to have a lesser
impact on road safety or where the requirements of this
Directive would impose a disproportionate economic or
social burden, should be exempted from the application of
this Directive.

(1) Council Directive 91/439/EEC of 29 July 1991 on driving licences
(OJ L 237, 24.8.1991, p. 1). Directive last amended by Commission
Directive 2000/56/EC (OJ L 237, 21.9.2000, p. 45).

(2) OJ L 184, 17.7.1999, p. 23.

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(23) Since the objective of the proposed action, namely the
establishment of a Community-wide standard for initial
qualification and periodic training, cannot be sufficiently
achieved by the Member States and can therefore, by
the proposed
the scale and the effects of
reason of
action, be better achieved at Community level,
the
Community may adopt measures in accordance with the
principle of subsidiarity set out in Article 5 of the Treaty.
In accordance with the principle of proportionality as set
out in that Article, this Directive does not go beyond what
is necessary in order to achieve that objective,

(e) vehicles used in the course of driving lessons for any
person wishing to obtain a driving licence or a CPC, as
provided for in Article 6 and Article 8(1);

(f) vehicles used for non-commercial carriage of passengers or

goods, for personal use;

(g) vehicles carrying material or equipment to be used by the
driver in the course of his work, provided that driving the
vehicle is not the driver's principal activity.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

This Directive shall apply to the activity of driving carried out
by:

Article 3

Qualification and training

The activity of driving as defined in Article 1 shall be
1.
subject to a compulsory initial qualification and compulsory
periodic training. To this end Member States shall provide for:

(a) nationals of a Member State; and

(a) a system of initial qualification:

(b) nationals of third countries who are employed or used by

an undertaking established in a Member State;

Member States shall choose between the following two
options:

hereinafter referred to as ‘drivers’, engaged in road transport
within the Community, on roads open to the public, using:

(i) Option combining both course attendance and a test:

— vehicles for which a driving licence of category C1, C1+E,
C or C+E, as defined in Directive 91/439/EEC, or a driving
licence recognised as equivalent, is required,

— vehicles for which a driving licence of category D1, D1+E,
D or D+E, as defined in Directive 91/439/EEC, or a driving
licence recognised as equivalent, is required.

Article 2

Exemptions

This Directive shall not apply to the drivers of:

(a) vehicles with a maximum authorised speed not exceeding

45 km/h;

(b) vehicles used by, or under the control of, the armed forces,
civil defence, the fire service and forces responsible for
maintaining public order;

in accordance with point 2.1 of section 2 of Annex I,
this type of initial qualification involves compulsory
course
shall
conclude with a test. Upon successful completion of
the test, the qualification shall be certified by a CPC
as provided for in Article 6(1)(a);

specific period.

attendance

for a

It

(ii) option involving only tests:

type of

initial qualification does not

in accordance with point 2.2 of section 2 of Annex I,
this
involve
compulsory course attendance but only theoretical
and practical tests. Upon successful completion of the
tests, the qualification shall be certified by a CPC as
provided for in Article 6(1)(b).

However, a Member State may authorise a driver to drive
within its territory before obtaining a CPC, when he is
undergoing a national vocational
training course of at
least six months, for a maximum period of three years.
In the context of this vocational training course, the tests
referred to in points (i) and (ii) may be completed in stages;

(c) vehicles undergoing road tests for technical development,
repair or maintenance purposes, or of new or rebuilt
vehicles which have not yet been put into service;

(b) a system of periodic training:

(d) vehicles used in states of emergency or assigned to rescue

missions;

in accordance with section 4 of Annex I, periodic training
involves compulsory course attendance. It shall be certified
by a CPC as provided for in Article 8(1).

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2. Member States may also provide for a system of accel-
erated initial qualification so that a driver may drive in the
cases referred to in Article 5(2)(a)(ii) and (b) and in Article
5(3)(a)(i) and (b).

In accordance with section 3 of Annex I, the accelerated initial
qualification shall
It
shall conclude with a test. Upon successful completion of the
test, the qualification shall be certified by a CPC as provided for
in Article 6(2).

involve compulsory course attendance.

3. Member States may exempt drivers who have obtained
the certificate of professional competence provided for in
Directive 96/26/EC (1) from the tests referred to in paragraph
1(a)(i) and (ii) and in paragraph 2 in the subjects covered by
the test provided for in that Directive and, where appropriate,
from attending the part of the course corresponding thereto.

Article 4

Acquired rights

The following drivers shall be exempted from the requirement
to obtain an initial qualification:

(a) drivers who hold a category D1, D1+E, D or D+E licence,
or a licence recognised as equivalent, issued no later than
two years after the final date for the transposition of this
Directive;

(b) drivers who hold a category C1, C1+E, C or C+E licence, or
a licence recognised as equivalent,
issued no later than
three years after the final date for the transposition of
this Directive.

(ii) a vehicle in licence categories C1 and C1+E, provided

they hold a CPC as referred to in Article 6(2);

(b) from the age of 21, a vehicle in licence categories C and
C+E, provided they hold a CPC as referred to in Article
6(2).

Drivers of a vehicle

3.
passengers may drive:

intended for

the

carriage of

(a)

from the age of 21:

(i) a vehicle in licence categories D and D+E to carry
passengers on regular services where the route does
not exceed 50 kilometres and a vehicle in licence
categories D1 and D1+E, provided they hold a CPC
as referred to in Article 6(2).

Any Member State may authorise drivers of vehicles in
one of the abovementioned categories to drive such
vehicles within its
territory from the age of 18,
provided they hold a CPC as referred to in Article 6(1);

(ii) a vehicle in licence categories D and D+E, provided

they hold a CPC as referred to in Article 6(1).

Any Member State may authorise drivers of vehicles in
one of the abovementioned categories to drive such
vehicles within its
territory from the age of 20,
provided they hold a CPC as referred to in Article
6(1). This may be reduced to the age of 18 where
the driver drives such vehicles without passengers;

Article 5

Initial qualification

(b) from the age of 23, a vehicle in licence categories D and
D+E, provided they hold a CPC as referred to in Article
6(2).

Access to an initial qualification shall not require the

1.
corresponding driving licence to be obtained beforehand.

Drivers of a vehicle intended for the carriage of goods

2.
may drive:

(a)

from the age of 18:

4. Without prejudice to the age limits specified in paragraph
2, drivers undertaking carriage of goods who hold a CPC as
provided for in Article 6 for one of the categories provided for
in paragraph 2 shall be exempted from obtaining such a CPC
for any other of the categories of vehicles referred to in that
paragraph.

(i) a vehicle in licence categories C and C+E, provided they

hold a CPC as referred to in Article 6(1);

These provisions shall apply under the same conditions to
drivers undertaking carriage of passengers in the categories
referred to in paragraph 3.

(1) Council Directive 96/26/EC of 29 April 1996 on admission to the
occupation of road haulage operator and road passenger transport
operator and mutual recognition of diplomas, certificates and other
evidence of formal qualifications intended to facilitate for these
operators the right to freedom of establishment in national and
transport operations (OJ L 124, 23.5.1996, p. 1).
international
Directive
amended by Directive 98/76/EC (OJ L 277,
14.10.1998, p. 17).

last

Drivers undertaking carriage of goods who broaden or
5.
modify their activities in order to carry passengers, or vice
versa, and who hold a CPC as provided for in Article 6,
shall not be required to repeat
the
initial qualification, but rather only the parts specific to the
new qualification.

the common parts of

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Article 6

CPC certifying the initial qualification

1. CPC certifying an initial qualification

(a) CPC awarded on the basis of course attendance and a

test

authorities

competent

approved by the

In accordance with Article 3(1)(a)(i), Member States shall
require trainee drivers to attend courses in a training
in
centre
accordance with section 5 of Annex I, hereinafter
referred to as ‘approved training centre’. These courses
shall cover all the subjects referred to in section 1 of
Annex I. This training shall conclude with successful
completion of the test provided for in point 2.1 of
section 2 of Annex I. That test shall be organised by
the Member States' competent authorities or an entity
designated by them and shall serve to check whether,
for the aforementioned subjects, the trainee driver has
the level of knowledge required in section 1 of Annex I.
The said authorities or entities shall supervise the test
and, upon successful completion, issue the drivers with
a CPC certifying an initial qualification.

(b) CPC awarded on the basis of tests

In accordance with Article 3(1)(a)(ii), Member States
shall require trainee drivers to pass the theoretical and
practical tests referred to in point 2.2 of section 2 of
Annex I. These tests shall be organised by the Member
States' competent authorities or an entity designated by
them and shall serve to check whether, for all the afore-
mentioned subjects, the trainee driver has the level of
knowledge required in section 1 of Annex I. The said
authorities or entities shall supervise the tests and, upon
successful completion,
issue the drivers with a CPC
certifying an initial qualification.

2. CPC certifying an accelerated initial qualification

In accordance with Article 3(2), Member States shall require
trainee drivers to attend courses in an approved training
centre. These courses shall cover all the subjects referred
to in section 1 of Annex I.

States'

competent

authorities or

This training shall conclude with the test provided for in
section 3 of Annex I. That test shall be organised by the
Member
an entity
designated by them and shall serve to check whether, for
the aforementioned subjects, the trainee driver has the level
of knowledge required in section 1 of Annex I. The said
authorities or entities shall supervise the test and, upon
successful
the drivers with a CPC
certifying an accelerated initial qualification.

completion,

issue

Article 7

Periodic training

Periodic training shall consist of training to enable holders of a
CPC as referred to in Article 6 and the drivers referred to in
Article 4 to update the knowledge which is essential for their
work, with specific emphasis on road safety and the rational-
isation of fuel consumption.

This training shall be organised by an approved training centre,
in keeping with section 5 of Annex I. If a driver moves to
another undertaking, the periodic training already undergone
must be taken into account.

Periodic training shall be designed to expand on, and to revise,
some of the subjects referred in section 1 of Annex I.

Article 8

CPC certifying periodic training

1. When a driver has completed the periodic training
referred to in Article 7, the Member States' competent auth-
orities or the approved training centre shall issue him with a
CPC certifying periodic training.

The following drivers shall undergo a first course of

2.
periodic training:

(a) holders of a CPC as referred to in Article 6, within five

years of the issue of that CPC;

(b) the drivers referred to in Article 4, within five years of the
respective dates referred to in Article 14(2), in accordance
with a timetable decided on by the Member States.

Member States may reduce or extend the periods of
time
referred to in (a) and (b), inter alia so that they coincide with
the date of expiry of the driving licence or so as to ensure the
gradual introduction of periodic training. The period may not,
however, be shorter than three years or longer than seven
years.

3.
A driver who has completed a first course of periodic
training as referred to in paragraph 2 shall undergo periodic
the period of
training every five years, before the end of
validity of the CPC certifying periodic training.

Holders of the CPC as referred to in Article 6 or the CPC
4.
as referred to in Article 8(1) and the drivers referred to in
Article 4 who have ceased pursuit of the occupation and do
not meet the requirements of paragraphs 1, 2 and 3, shall
undergo a course of periodic
resuming
pursuit of the occupation.

training before

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Drivers undertaking the carriage of goods or passengers
5.
by road who have completed courses of periodic training for
one of the licence categories provided for in Article 5(2) and
(3) shall be exempt from the obligation to undergo further
periodic training for another of the categories provided for
in those paragraphs.

3. (a) A driver referred to in Article 1(b) who drives vehicles
used for the carriage of goods by road shall prove that
he has the qualification and training provided for in this
Directive by means of the driver's certificate provided
for in Regulation (EC) No 484/2002 (2).

Article 9

Place of training

Drivers referred to in Article 1(a) shall obtain the initial qualifi-
cation referred to in Article 5 in the Member State in which
they have their normal residence, as defined in Article 14 of
Regulation (EEC) No 3821/85 (1).

Drivers referred to in Article 1(b) shall obtain that qualification
in the Member State in which the undertaking is established or
in the Member State which issued a work permit to them.

Drivers referred to in Article 1(a) and 1(b) shall undergo the
periodic training referred to in Article 7 in the Member State in
which they have their normal residence or the Member State in
which they work.

Article 10

Community code

1.
On the basis of the CPC referred to in Article 6 and the
CPC referred to in Article 8(1), Member States' competent auth-
orities shall mark, taking into account the provisions of Article
5(2) and (3) and Article 8, the Community code provided for
in paragraph 2 of this Article alongside the corresponding
categories of licence:

— either on the driving licence

— or on the driver qualification card drawn up in accordance

with the model shown in Annex II.

The driver qualification card issued by Member States shall be
mutually recognised. When the card is issued, the competent
authorities shall check the validity of the driving licence whose
number is mentioned on the card.

2.
The following Community code shall be added to the list
of harmonised Community codes as laid down in Annexes I
and Ia to Directive 91/439/EEC:

‘95. Driver holding a CPC complying with the obligation of
professional competence referred to in Article 3 until . . .
(e.g. 9501.01.2012).’

In addition to the certificate,
the Member State may
issue him with the driver qualification card provided
for in Annex II, marked with the relevant Community
code.

(b) A driver referred to in Article 1(b) who drives vehicles
used for the carriage of passengers by road shall prove
that he has the qualification and training provided for in
this Directive by means of:

— either

the Community

code marked on the
Community model driving licence, where he is the
holder of such a licence, or

— the driver qualification card provided for in Annex
II, marked with the relevant Community code, or

— a national certificate whose validity on their territory

is mutually recognised by the Member States.

Article 11

Adaptation to scientific and technical progress

The amendments necessary to adapt Annexes I and II
to
scientific and technical progress shall be adopted in accordance
with the procedure laid down in Article 12(2).

Article 12

Committee procedure

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply in accordance with
Article 8 of that Decision.

The period provided for
1999/468/EC shall be three months.

in Article 5(6) of Decision

3.

The Committee shall adopt its rules of procedure.

(1) Council Regulation (EEC) No 3821/85 of 20 December 1985 on
recording equipment in road transport (OJ L 370, 3.12.1985, p. 8).
Regulation as last amended by Commission Regulation (EC) No
1360/2002 (OJ L 207, 5.8.2002, p. 1).

(2) Regulation (EC) No 484/2002 of the European Parliament and of
the Council of 1 March 2002 amending Council Regulations (EEC)
No 881/92 and (EEC) No 3118/93 for the purposes of establishing
a driver attestation (OJ L 76, 19.3.2002, p. 1).

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Article 13

Report

Before . . . (*) the Commission shall submit to the European
Parliament, the Council, the Economic and Social Committee
and the Committee of the Regions a report making an initial
evaluation of the implementation of this Directive, in particular
with regard to the equivalence of the various initial qualifi-
cation systems provided for in Article 3. The report shall be
accompanied by appropriate proposals, if necessary.

Article 14

Transposition and implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
forthwith inform the
Directive before . . . (**). They shall
Commission thereof.

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 reference shall be laid down by
Member States.

2. Member States shall apply these measures:

— from . . . (***) as regards the initial qualification required to
drive vehicles in licence categories D1, D1+E, D and D+E;

— from . . . (****) as regards the initial qualification required to
drive vehicles in licence categories C1, C1+E, C and C+E.

(a) paragraph 1 shall be repealed with effect from . . . (****).

(b) paragraphs 2 and 4 shall be repealed with effect from

. . . (***).

Directive 76/914/EEC shall be repealed with effect from

2.
. . . (****).

The

laws,

3.
and administrative provisions
adopted to comply with Directive 76/914/EEC shall cease to
apply:

regulations

— from . . . (***) to drivers of vehicles for the carriage of

passengers by road,

— from . . . (****) to drivers of vehicles for the carriage of

goods by road.

Article 16

Entry into force

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

Article 17

Addressees

Member States shall forthwith inform the Commission thereof
and shall assist each other in applying these measures.

This Directive is addressed to the Member States.

Article 15

Repeal

Done at . . .

Article 5 of Regulation (EEC) No 3820/85 is hereby

1.
amended as follows:

For the European Parliament

The President

For the Council

The President

(*) Eight years after the entry into force of this Directive.
(**) Three years after the entry into force of this Directive.
(***) Five years after the entry into force of this Directive.
(****) Six years after the entry into force of this Directive.

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ANNEX I

MINIMUM QUALIFICATION AND TRAINING REQUIREMENTS

SECTION 1

List of subjects

The knowledge to be taken into account by Member States when establishing the driver's initial qualification and
periodic training must include at least the subjects in this list. Trainee drivers must reach the level of knowledge
and practical competence necessary to drive in all safety vehicles of the relevant licence category. The minimum
level of knowledge may not be less than level 2 of the training-level structure provided for in Annex I to Decision
85/368/EEC (1), i.e. the level reached during compulsory education, supplemented by professional training.

1. Advanced training in rational driving based on safety regulations

All licences

1.1. Objective: to know the characteristics of the transmission system in order to make the best possible use of it:

curves relating to torque, power, and specific consumption of an engine, area of optimum use of revolution
counter, gearbox-ratio cover diagrams.

1.2. Objective: to know the technical characteristics and operation of the safety controls in order to control the

vehicle, minimise wear and tear and prevent disfunctioning:

specific features of hydraulic vacuum servobrake circuit, limits to the use of brakes and retarder, combined use
of brakes and retarder, making better use of speed and gear ratio, making use of vehicle inertia, using ways of
slowing down and braking on downhill stretches, action in the event of failure.

1.3. Objective: ability to optimise fuel consumption:

optimisation of fuel consumption by applying know-how as regards points 1.1 and 1.2.

Licence C, C+E, C1, C1+E

1.4. Objective: ability to load the vehicle with due regard for safety rules and proper vehicle use:

forces affecting vehicles in motion, use of gearbox-ratios according to vehicle load and road profile, calculation
of payload of vehicle or assembly, calculation of total volume, load distribution, consequences of overloading
the axle, vehicle stability and centre of gravity, types of packaging and pallets;

main categories of goods needing securing, clamping and securing techniques, use of securing straps, checking
of securing devices, use of handling equipment, placing and removal of tarpaulins.

Licence D, D+E, D1, D1+E

1.5. Objective: ability to ensure passenger comfort and safety:

adjusting longitudinal and sideways movements, road sharing, position on the road, smooth breaking, overhang
operation, using specific infrastructures (public areas, dedicated lanes), managing conflicts between safe driving
and other roles as a driver, interacting with passengers, peculiarities of certain groups of passengers (disabled
persons, children).

(1) Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States

of the European Community (OJ L 199, 31.7.1985, p. 56).

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1.6. Objective: ability to load the vehicle with due regard for safety rules and proper vehicle use:

forces affecting vehicles in motion, use of gearbox-ratios according to vehicle load and road profile, calculation
of payload of vehicle or assembly, load distribution, consequences of overloading the axle, vehicle stability and
centre of gravity.

2. Application of regulations

All licences

2.1. Objective: to know the social environment of road transport and the rules governing it:

maximum working periods specific to the transport industry; principles, application and consequences of
improper use of and
Regulations (EEC) No 3820/85 and (EEC) No 3821/85; penalties for failure to use,
tampering with the tachograph; knowledge of the social environment of road transport: rights and duties of
drivers as regards initial qualification and periodic training.

Licence C, C+E, C1, C1+E

2.2. Objective: to know the regulations governing the carriage of goods:

transport operating licences, obligations under standard contracts for the carriage of goods, drafting of
documents which form the transport contract, international transport permits, obligations under the Convention
on the Contract for the International Carriage of Goods by Road, drafting of the international consignment note,
crossing borders, freight forwarders, special documents accompanying goods.

Licence D, D+E, D1, D1+E

2.3. Objective: to know the regulations governing the carriage of passengers:

carriage of specific groups of passengers, safety equipment on board buses, safety belts, vehicle load.

3. Health, road and environmental safety, service, logistics

All licences

3.1. Objective: to make drivers aware of the risks of the road and of accidents at work:

types of accidents at work in the transport sector, road accident statistics,
human, material and financial consequences.

involvement of lorries/coaches,

3.2. Objective: ability to prevent trafficking in illegal immigrants:

trafficking in illegal immigrants and illegal immigration: general information, implications for drivers, preventive
measures, check list, legislation on transport operator liability.

3.3. Objective: ability to prevent physical risks

ergonomic principles; movements and postures which pose a risk, physical fitness, handling exercises, personal
protection.

3.4. Objective: awareness of the importance of physical and mental ability:

principles of healthy, balanced eating, effects of alcohol, drugs or any other substance likely to affect behaviour,
symptoms, causes, effects of fatigue and stress, fundamental role of the basic work/rest cycle.

3.5. Objective: ability to assess emergency situations:

behaviour in an emergency situation: assessment of the situation, avoiding complications of an accident,
summoning assistance, assisting casualties and giving first aid, reaction in the event of fire, evacuation of
occupants of a lorry/bus passengers, ensuring the safety of all passengers, reaction in the event of aggression;
basic principles for the drafting of an accident report.

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3.6. Objective: ability to adopt behaviour to help enhance the image of the company:

behaviour of the driver and company image: importance for the company of the standard of service provided by
the driver, the roles of the driver, people with whom the driver will be dealing, vehicle maintenance, work
organisation, commercial and financial effects of a dispute.

Licence C, C+E, C1, C1+E

3.7. Objective: to know the economic environment of road haulage and the organisation of the market:

road transport in relation to other modes of transport (competition, shippers), different road transport activities
(transport for hire or reward, own account, auxiliary transport activities), organisation of the main types of
transport company and auxiliary transport activities, different transport specialisations (road tanker, controlled
temperature, etc.), changes in the industry (diversification of services provided, rail-road, subcontracting, etc.).

Licence D, D+E, D1, D1+E

3.8. Objective: to know the economic environment of the carriage of passengers by road and the organisation of the

market:

carriage of passengers by road in relation to other modes of passenger transport (rail, private car), different
activities involving the carriage of passengers by road, crossing borders (international transport), organisation of
the main types of companies for the carriage of passengers by road.

Compulsory initial qualification provided for in Article 3(1)(a)

SECTION 2

2.1. Option combining both course attendance and a test:

initial qualification must include the teaching of all subjects in the list under section 1. The duration of this initial
qualification must be 280 hours.

Each trainee driver must drive for at least twenty hours individually in a vehicle of the category concerned which
meets at least the requirements for test vehicles as defined in Directive 91/439/EEC.

When driving individually, the trainee driver must be accompanied by an instructor, employed by an approved
training centre. Each driver may drive for a maximum of eight hours of the 20 hours of individual driving on
special terrain or on a top-of-the-range simulator so as to assess training in rational driving based on safety
regulations, in particular with regard to vehicle handling in different road conditions and the way they change
with different atmospheric conditions and the time of day or night.

For the drivers referred to in Article 5(5) the length of the initial qualification must be 70 hours, including five
hours of individual driving.

At the end of that training, Member States' competent authorities or the entity designated by them shall give the
driver a written or oral test. The test must include at least one question on each of the objectives in the list of
subjects under section 1.

2.2. Option involving a test:

Member States' competent authorities or the entity designated by them shall organise the aforementioned theor-
etical and practical tests to check whether the trainee driver has the level of knowledge required in section 1 for the
subjects and objectives listed there.

(a) The theoretical test shall consist of at least two parts:

(i) questions including multiple-choice questions, questions requiring a direct answer, or a combination of

both;

(ii) case studies.

The minimum duration of the theoretical test must be four hours.

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(b) The practical test shall consist of two parts:

(i) a driving test aimed at assessing training in rational driving based on safety regulations. The test must take
place, whenever possible, on roads outside built-up areas, on fast roads and on motorways (or similar), and
on all kinds of urban highways presenting the different types of difficulties that a driver is liable to
encounter. It would be desirable for this test to take place in different traffic density conditions. The
driving time on the road must be used optimally in order to assess the candidate in all traffic areas
likely to be encountered. The minimum duration of this test must be 90 minutes;

(ii) a practical test covering at least points 1.4, 1.5, 1.6, 3.2, 3.3 and 3.5.

The minimum duration of this test must be 30 minutes.

The vehicle used for the practical test must meet at least the requirements for test vehicles as defined in
Directive 91/439/EEC.

The practical test may be supplemented by a third test taking place on special terrain or on a top-of-the-range
simulator so as to assess training in rational driving based on safety regulations, in particular with regard to
vehicle handling in different road conditions and the way they change with different atmospheric conditions
and the time of day or night.

The duration of this optional test is not fixed. Should the driver undergo such a test, its duration may be
deducted from the 90 minutes of the driving test referred to under (i), but the time deducted may not exceed
30 minutes.

For the drivers referred to in Article 5(5), the theoretical test must be limited to the subjects, referred to in section
1, which are relevant to the vehicles to which the new initial qualification applies. However, such drivers must
undergo the whole practical test.

SECTION 3

Accelerated initial qualification provided for in Article 3(2)

Accelerated initial qualification must include the teaching of all subjects in the list in section 1. Its duration must be 140
hours.

Each trainee must drive for at least 10 hours individually in a vehicle of the category concerned which meets at least the
requirements for test vehicles as defined in Directive 91/439/EEC.

When driving individually, the trainee driver must be accompanied by an instructor, employed by an approved training
centre. Each driver may drive for a maximum of four hours of the 10 hours of individual driving on special terrain or
on a top-of-the-range simulator so as to assess training in rational driving based on safety regulations, in particular with
regard to vehicle handling in different road conditions and the way they change with different atmospheric conditions
and the time of day or night.

For the drivers referred to in Article 5(5) the length of the accelerated initial qualification must be 35 hours, including
two and a half hours of individual driving.

At the end of that training, Member States' competent authorities or the entity designated by them shall give the driver a
written or oral test. The test must include at least one question on each of the objectives in the list of subjects under
section 1.

Compulsory periodic training provided for in Article 3(1)(b)

SECTION 4

Compulsory periodic training courses must be organised by an approved training centre. Their duration must be of 35
hours every five years, given in periods of at least seven hours.

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SECTION 5

Approval of the initial qualification and periodic training

5.1.

The training centres taking part in the initial qualification and periodic training must be approved by the Member
States' competent authorities. Approval may be given only in response to a written application. The application
must be accompanied by documents including:

5.1.1. a suitable qualification and training programme specifying the subjects taught and setting out the proposed

implementing plan and teaching methods;

5.1.2. the instructors' qualifications and fields of activity;

5.1.3.

information about the premises where the courses are given, the teaching materials, the resources made available
for the practical work, and the vehicle fleet used;

5.1.4. the conditions regarding participation in the courses (number of participants).

5.2.

The competent authority must give approval in writing subject to the following conditions:

5.2.1. the training must be given in accordance with the documents accompanying the application;

5.2.2. the competent authority must be entitled to send authorised persons to assist in the training courses of the
approved centres, and must be entitled to monitor such centres, with regard to the resources used and the proper
running of the training courses and tests;

5.2.3. the approval may be withdrawn or suspended if the conditions of approval are no longer complied with.

The approved centre must guarantee that the instructors have a sound knowledge of the most recent regulations
and training requirements. As part of a specific selection procedure, the instructors must provide certification
showing a knowledge of both the subject material and teaching methods. As regards the practical part of the
training, instructors must provide certification of experience as professional drivers or similar driving experience,
such as that of driving instructors for heavy vehicles.

The programme of instruction must be in accordance with the approval and must cover the subjects in the list in
section 1.

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ARRANGEMENTS FOR THE EUROPEAN COMMUNITIES MODEL FOR A DRIVER QUALIFICATION CARD

ANNEX II

1. The physical characteristics of the card must comply with ISO standards 7810 and 7816-1.

The methods for verifying the physical characteristics of the card to ensure that they are consistent with international
standards must comply with ISO standard 10373.

2. The card has two sides:

Side 1 contains:

(a) the heading ‘driver qualification card’ printed in large type in the official language or languages of the Member

State issuing the card;

(b) the name of the Member State issuing the card (optional);

(c) the distinguishing sign of the Member State issuing the card, printed in negative in a blue rectangle and encircled

by twelve yellow stars; the distinguishing signs are as follows:

B:

Belgium

DK: Denmark

D:

Germany

GR: Greece

E:

F:

Spain

France

IRL:

Ireland

I:

Italy

L:

Luxembourg

NL:

The Netherlands

A:

P:

Austria

Portugal

FIN:

Finland

S:

Sweden

UK: United Kingdom

(d) information specific to the card, numbered as follows:

1. surname of the holder;

2. first name of the holder;

3. date and place of birth of the holder;

4. (a) date of issue;

(b) date of expiry;

(c) the name of the issuing authority (may be printed on side 2);

(d) a different number from the driving licence number for administrative purposes (optional);

5. (a) driving licence number;

(b) serial number;

6. photograph of the holder;

7. signature of the holder;

8. normal place of residence, or postal address of the holder (optional);

9. the (sub-)categories of vehicles for which the driver satisfies the initial qualification and periodic training

requirements;

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(e)

the title ‘European Communities model’ in the language or languages of the Member State issuing the card and
the heading ‘driver qualification card’ in the other official languages of the Community, printed in blue so as to
form the background to the card:

tarjeta de cualificación del conductor

chaufføruddannelsesbevis

Fahrerqualifizierungsnachweis

δελτίο επιµόρφωσης οδηγού

driver qualification card

carte de qualification de conducteur

cárta cáilíochta tiomána

carta di qualificazione e formazione del conducente

kwalificatiekaart bestuurder

carta de qualificação de motorista

kuljettajan ammattipätevyyskortti

yrkeskompetensbevis för förare

(f)

the reference colours:

— blue: Pantone Reflex blue,

— yellow: Pantone yellow.

Side 2 contains:

(a) 9. the (sub-)categories of vehicles for which the driver satisfies the initial qualification and periodic training

requirements;

10. the Community code provided for in Article 10 of this Directive;

11. a space reserved for the possible entry by the Member State issuing the card of essential administrative details
or details relating to road safety (optional). If the details relate to a heading set out in this Annex, such details
must be preceded by the corresponding heading number.

(b) an explanation of the numbered entries appearing on sides 1 and 2 of the card (at least headings 1, 2, 3, 4a, 4b,

4c, 5a, 5b and 10).

If a Member State wishes to word these entries in a national language other than one of the following languages:
Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish, it shall draw
up a bilingual version of the card using one of the abovementioned languages, without prejudice to the other
provisions of this Annex.

3. Security, including data protection

The aim of the various constituent parts of the card is to rule out any forgery or tampering and to detect any
attempts to do so.

The Member State must ensure that the level of security of the card is at least comparable to the level of security of
the driving licence.

4. Particular arrangements

After consulting the Commission, Member States may add colours or markings, such as a bar code, national symbols
and security features, without prejudice to the other provisions of this Annex.

In connection with the mutual recognition of cards, the bar code may not contain any information other than that
already legibly appearing on the driver qualification card or which is essential for the card-issuing process.

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EUROPEAN COMMUNITIES MODEL FOR A DRIVER QUALIFICATION CARD

Side 1

Side 2

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

Having regard to Article 71 of the EC Treaty, and in the framework of the codecision procedure in
accordance with Article 251 of the EC Treaty, the Council adopted its common position on a draft
Regulation on the training of professional drivers for the carriage of goods or passengers by road on 5
December 2002.

In taking its position, the Council took account of the opinion of the European Parliament in its first
reading on 17 January 2002 (1) and of the opinion of the Economic and Social Committee delivered on
11 July 2001 (2). The Committee of the Regions waived its right to deliver an opinion (3).

The aim of the draft Directive is to introduce mandatory initial and continuous training for professional
drivers. Under existing Community law only certain categories of drivers, corresponding to a relatively
small number of drivers, should hold a certificate of professional competence in conformity with the
rules on the minimum levels of training for some road transport drivers. On the other hand, at present,
only few Member States require compulsory training of drivers. All
in all, the great majority of
professional drivers in the Member States currently pursue their occupation on the basis of their
driving licence only.

II. ANALYSIS OF THE COMMON POSITION

The Council approves fully of the aim and principles of the Commission proposal. The Council is in
favour of instituting a scheme of compulsory initial and periodic training for the benefit of professional
drivers. The Council believes, considering the current situation in Member States on the one hand, and
both the scope (categories of drivers covered) of the draft Directive and the nature of the qualification
and training to be provided under its terms, on the other, that such a scheme will create a considerable
added value. It will enable drivers to better meet demands arising from their professional environment.
As a consequence, and apart from the quality of the service, the level of road safety and the safety of
the driver himself will be raised. It will also contribute to the harmonisation of the drivers' social
conditions and the conditions of their employment. Finally, this training scheme should also increase
the attractiveness of the driving profession for young people in a situation where there exists a shortage
of drivers on the employment market.

The Council felt that it was equally important to design the draft Directive's implementing mechanisms
in terms of, where appropriate, existing
whilst taking account of Member States' specific features,
training schemes in Member States — which proved to be valuable — and,
in a more general
fashion, the functioning of the transport sector in the individual Member States. It has however
always been understood that the basic principles underlying the Commission proposal in terms of
the quality and effectiveness of the professional training to be achieved could in no way be jeopardised.
This approach led the Council to introduce, in comparison to the Commission's initial proposal, a
number of — sometimes substantial — new elements in its common position. In particular, when
providing for a system of initial qualification, Member States have now the choice between two
options: one option involves both course attendance and tests, the other option involves tests only.

The main features of the draft Directive are furthermore as follows:

As to its scope, the draft Directive applies to all drivers engaged in road transport within the Community
using vehicles for which a driving licence (or a driving licence recognised as an equivalent) of the
categories C1, C1+E, C or C+E and D1, D1+E, D or D+E (as defined in Directive 91/439/EEC) is
required. Nationals of a Member State as well as nationals of third countries who are employed or used
by an undertaking established in a Member State fall within the scope of the Directive.

(1) OJ C 271 E, 7.11.2002, p. 381.
(2) OJ C 260, 17.9.2001, p. 90.
(3) Letter of 15 October 2001.

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The activity of driving is subject to a compulsory initial qualification and compulsory periodic training. As
mentioned before, the Council's common position provides thus for a dual system as regards the initial
qualification. The Member State may choose whether to prescribe that the achievement of this initial
qualification involves either the attendance of mandatory courses and the successful completion of the
test or the successful completion of a test only. Furthermore, under certain conditions, Member States
may also provide for a system of accelerated initial qualification. In such cases the driver may follow an
‘accelerated mandatory initial
their
compulsory attendance.

implying a shorter duration of courses but

training course’,

A first session of the periodic training should be completed within the five years following either the
date of issue of the certificate concerning the initial training or the time limit set for certain drivers to
claim their acquired rights. Following this first periodic training, the driver should undergo a periodic
training every five years. ‘Grandfather rights’ provide that drivers who hold the relevant driving licence
issued no later than two or three years — depending on the type of driving license — after the final
date for the transposition of this draft Directive into national law, are exempted from the requirement
to obtain an initial qualification.

The Commission's proposal provided that the issuing of the training certificate(s) to the driver be
marked by a Community code on the driving licence. However, since the frequency with which the
driver's licence is renewed may vary from Member State to Member State, the Council now proposes,
as an alternative to the marking on the driving licence, that this certification (as to the holding of a
‘certificate of professional competence’ or ‘CPC’) may be marked on a new ‘Driver training and
qualification card’.
In doing so, a situation is avoided in which the periods and time limits by
which the driver must comply with the (initial) qualification and (periodic) training requirements
shall necessarily coincide with the periodic renewal of the driving licence. Both possibilities are
based on the principle of mutual recognition by Member States.

Further changes introduced in the Council's common position concern inter alia the terminology and
definitions, the addition of exemptions from the scope of application for vehicles used in states of
emergency or assigned to rescue missions and for vehicles used during driving lessons, the required
minimum ages for drivers dates of transposition and entry into force as well as the corresponding dates
of repeal of Directive 76/914/EEC and the relevant articles of Regulation (EEC) No 3820/85.

III. EUROPEAN PARLIAMENT AMENDMENTS

The Council, upon examination of the amendments proposed by the European Parliament in its first
reading, noted that the large majority of these amendments are, as to their aim and spirit, very similar
to the corresponding provisions of the Council's common position. Whilst it was thus not in a position
to accept as to their letter most of these amendments (with the exception of amendment 15) — inter
alia because of the different approach taken on some basic aspects (e.g. the dual system for the initial
training) — the Council holds the opinion that the text of its common position ensures by and large
that the aim sought by these specific amendments is achieved. This is notably the case for amendments
1, 3, 4, 6 (partially), 7, 8, 9, 11, 12 (partially), 14, 16, 17, 18, 20, 21, 24 and 43.