WRITTEN QUESTION E-2813/03 by Bernd Lange (PSE) to the Commission. Revision of the Directive on driving licences — eyesight requirements.
Date: 2003-09-19
Institutions: European Parliament, Provisional data
Subjects: European driving licence, harmonisation of standards, medical science, optical industry, technical standard, traffic regulations

C 78 E/174

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0178)

WRITTEN QUESTION E-2812/03

by Bernd Lange (PSE) to the Commission

(19 September 2003)

Subject: Revision of the Directive on driving licences (cid:1) driving licences for light motorcycles

The Commission’s Work Programme for 2003 includes a proposed revision of the Directive on driving
licences.

Is the Commission planning to make it possible for drivers applying for Category B licences to
automatically obtain Category A1 licences for motorcycles of 125 cc and under and 11 kW and under
(light motorcycles) without a further test?

In Germany before 1 April 1980,
licences for Category A1 mopeds were issued at the same time as
Category 3 licences (equivalent to the present Category B), meaning a greater choice of modes of transport.

Would it not be a good idea to introduce a similar rule throughout Europe?

Answer given by Mrs de Palacio on behalf of the Commission

(15 October 2003)

Council Directive 91/439/EEC (1) allows Member States to authorise light motorcycles to be driven on their
territory under a category B car licence. This option is currently available in Spain, France, Italy and
Austria, with certain conditions applying in the case of Spain, France and Austria (2). Regarding the
situation in Germany, it should be noted that this is an acquired right of long standing which has been
confirmed by Decision 2000/275/EC (3), and not an equivalence under the terms of the driving licences
Directive.

The Commission does not intend to propose amendments in this respect.

(1) Council Directive 91/439/EEC of 29 July 1991 on driving licences, OJ L 237, 24.8.1991.
(2) Commission interpretative communication on Community driver licensing, OJ C 77, 28.3.2002.
(3) Commission Decision 2000/275/EC of 21 March 2000 on equivalences between certain categories of driving

licences, OJ L 91, 12.4.2000.

(2004/C 78 E/0179)

WRITTEN QUESTION E-2813/03

by Bernd Lange (PSE) to the Commission

(19 September 2003)

Subject: Revision of the Directive on driving licences (cid:1) eyesight requirements

A revision of the Directive on driving licences is included in the Commission’s Work Programme for 2003.

Will uniform rules on eyesight requirements be introduced as part of this revision?

it be possible for the visually impaired to use bioptics so that they too can meet the eyesight

Will
requirements?

27.3.2004

EN

Official Journal of the European Union

C 78 E/175

Answer given by Mrs de Palacio on behalf of the Commission

(15 October 2003)

The Commission does not intend to propose any amendments in relation to eyesight requirements and
would refer the Honourable Member to its answers to Written Questions E-1231/03 (1), E-2568/03 (2) and
E-2569/03 (3) by Mr Christopher Huhne.

(1) OJ C 58 E, 6.3.2004, p. 52.
(2) OJ C 58 E, 6.3.2004, p. 181.
(3) See page 129.

(2004/C 78 E/0180)

WRITTEN QUESTION P-2823/03

by Françoise Grossetête (PPE-DE) to the Commission

(18 September 2003)

Subject: Annex to Directive 90/435/EEC

The success currently enjoyed by simplified joint stock companies (Sociétés par Actions Simplifiées (SAS))
creates numerous problems, particularly in the following circumstances.

The characteristics of this type of company do not appear in the annex to Directive 90/435/EEC of 23 July
1990 (1) (see p. 6 for the list of eligible companies).

Thus difficulties arise especially with cross-border leveraged buy-outs and takeovers of companies.

However, the SAS type of company is a continuation of the public limited company (’société anonyme’
(SA)), which does figure in the annex to Directive 90/435/EEC.

Are the provisions concerning the SA directly applicable in the case of the SAS in the present context?

If not, will the Commission propose an amendment to the above directive or update its annexes?

(1) OJ L 225, 20.8.1990, p. 6.

Answer given by Mr Bolkestein on behalf of the Commission

(10 October 2003)

The scope of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable
in the case of parent companies and subsidiaries of different Member States is defined in its Article 2.

According to this provision, the Directive applies to companies which:

(cid:1) take one of the forms listed in the Annex to the Directive;

(cid:1) are resident for tax purposes in a Member State;

(cid:1) are subject to corporate tax without the possibility of an option or of being exempt.

In particular, the list refers to the following French companies: companies under French law known as
‘société anonyme’, ‘société en commandite par actions’, ‘société à responsabilité limitée’ and industrial and
commercial public establishments and undertakings.

The French ‘societé par actions simplifiés’ (SAS) is not included in the list of the Annex. Neither does it
have the legal form of one of the companies above mentioned. Thus, the Directive is not applicable to it.