Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common position adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council on driving licences (Recast)
Date: 2006-09-21
Institutions: European Commission
Subjects: European driving licence, driving licence, harmonisation of standards, mutual recognition principle

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.9.2006 
COM(2006) 547 final 

2003/0252 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251(2) of the EC Treaty 

concerning the 

common position adopted by the Council with a view to the adoption of a Directive of 
the European Parliament and of the Council on driving licences (Recast) 

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2003/0252 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251(2) of the EC Treaty 

concerning the 

common position adopted by the Council with a view to the adoption of a Directive of 
the European Parliament and of the Council on driving licences (Recast) 

1. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(COM(2003) 621 –2003/0252(COD)) 

3 December 2003 

Date of the opinion of the European Economic and Social Committee: 

31 March 2004 

Date of the opinion of the European Parliament, first reading: 

23 February 2005 

Date of adoption of the common position: 

18 September 2006 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

On 21 October 2003, the Commission adopted a proposal for a Directive on driving licences, 
which is a proposal to recast and therefore replace Directive 91/439/EEC on driving licences 
and its successive amendments1. The three main objectives of the proposal are as follows:  

(1) 

(2) 

(3) 

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to  reduce  the  possibilities  of  fraud:  elimination  of  the  possibility  of  issuing  a  paper 
driving licence model in favour of a plastic card model only; possibility of introducing 
a microchip on the driving licence; introduction of limited administrative validity for 
all new licences issued from the date of application of the proposal; 

to  guarantee  the  free  movement  of  citizens  by  means  of  introducing  limited 
administrative  validity  and  by  harmonising  the  frequency  of  medical  checks  for 
professional drivers; 

to contribute to improving road safety: introduction of a driving licence for  mopeds; 
extension  of  the  principle  of  progressive  access  to  driving  licences  for  the  most 
powerful  types  of  vehicles;  introduction  of  minimum  requirements  for  the  initial 
qualification and periodic training of driving examiners; confirmation of the principle 
of holding a single driving licence (one holder - one licence). 

Council Directive 91/439/EEC of 29 July 1991 on driving licences, OJ L 237 of 24 August 1991, p.1, 
as last  amended  by  Commission  Directive  2000/56/EC  of  14  September  2000,  OJ  L  237  of 
21 September 2000, p.45. 

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3. 

COMMENTS ON THE COMMON POSITION 

The Council adopted its common position by a qualified majority on 18 September 2006. This 
text  not  only  represents  the  Council’s  position  but  also  reflects  the  compromise  negotiated 
between the three institutions following the negotiations held in June 2005. The Chairman of 
the  European  Parliament’s  Committee  on  Transport  and  Tourism  has  informed  the  Council 
Presidency  by  letter  that  he  would  therefore  be  recommending  the  TRAN  Committee  to 
approve the common position on second reading. 

The Council failed to endorse this compromise on three occasions since there was a blocking 
minority  opposed  to  it,  but  political  agreement  was  finally  reached  at  the  Transport, 
Telecommunications  and  Energy  Council  meeting  on  27  March  2006  as  a  result  of  an 
amendment concerning the renewal of driving licences. Article 7(2) has been amended so that 
driving licences may be issued with a validity of up to 15 years. This aspect was not therefore 
the subject of interinstitutional negotiations.  

Apart from this specific point, the other items under discussion between the three institutions 
which were the subject of a compromise incorporated in the common position concern:  

•  the exchange of existing driving licences within 20 years of the date of entry into force of 

the directive (Article 3(3)); 

•  progressive access to motorcycles, in particular an interval of 2 years from moving from 
one  category  to  another,  and  direct  access  from  24  years  of  age.  The  designations  of  the 
categories of motorcycles remain those suggested by the Commission in its initial proposal 
(Article 4(3) and (6));  

•  the principle of a single driving licence with the aim of combating fraud and preventing 

“driving licence tourism” (Article 7(5)); 

•  vehicles with  trailers: provision is made for one day’s training or a practical test for all 
combinations  between  3  500  kg  and  4  250  kg  and  where  the  trailer  exceeds  750  kg 
(Article 4(4)(b)). 

The Commission welcomes the fact that, following the interinstitutional negotiations, the new 
rules adopted will help encourage freedom of movement of drivers, improve road safety and 
prevent fraud.  

4. 

CONCLUSION 

The  Commission  considers  that  the  Council’s  common  position  alters  neither  the  main  aim 
nor  the  spirit  of  its  proposal  and  is  therefore  able  to  support  it.  It  welcomes  the  fact  that  it 
reflects the state of the interinstitutional negotiations, paving the way for the adoption of this 
proposal on second reading.  

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