Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down specific and temporary measures, in view of Russia’s invasion of Ukraine, concerning driver documents issued by Ukraine in accordance with its legislation
Date: 2022-06-20
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Russia, Ukraine, aid to refugees, drivers, driving licence, foreign national, international road transport, recognition of vocational training qualifications, road safety, war

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   EUROPEAN COMMISSION  Brussels, 20.6.2022  COM(2022) 313 final 2022/0204 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down specific and temporary measures, in view of Russia’s invasion of Ukraine, concerning driver documents issued by Ukraine in accordance with its legislation (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

In  the  first  ten  weeks  of  the  Russian  invasion  of  Ukraine  that  started  on  24  February  2022, 
more  than  five  million  people  have  left  Ukraine,  fleeing  the  armed  conflict  and  seeking 
shelter in neighbouring countries, mostly in the European Union1. As early as 4 March 2022, 
the  EU  established  the  existence  of  a  mass  influx  of  displaced  persons  from  Ukraine  and 
offered temporary protection to the displaced people2. Council Implementing Decision (EU) 
2022/382 of 4 March 2022 sets out the categories of persons entitled to temporary protection 
or adequate protection under national law. Temporary protection entails the right to be issued 
a residence permit for the entire duration of the protection and to have access, among others, 
to accommodation, schools, health care, and jobs. A residence permit issued by one Member 
State brings with it the right to travel within the Union for 90 days within a 180-day period. 

A driving licence enhances the mobility of its holder and facilitates everyday life as it allows 
for  driving  power-driven  vehicles  on  public  roads.  In  the  given  context,  it  promotes  the 
participation of persons enjoying temporary protection or adequate protection under national 
law in economic and social activities in their new environment. 

In  accordance  with  Article  41  of  the  Convention  on  Road  Traffic  done  at  Vienna  in  1968 
(henceforth  ‘Vienna  Convention’),  each  Contracting  Party  recognises  the  domestic  and/or 
international  driving  permits  duly  issued  in  another  Contracting  Party,  under  certain 
conditions. Ukraine and 23 Member States have ratified the Vienna Convention and apply its 
provisions in relations between them; however, Spain has not ratified the Vienna Convention, 
whilst Cyprus, Malta and Ireland are not Parties to it. 

The  rules  and  procedures  related  to  the  recognition  and  exchange  of  third-country  driving 
licences  differ  from  one  Member  State  to  another,  depending  among  others  on  the  specific 
provisions  of  their  national  legislation  or  in  the  existing  bilateral  agreements  between  the 
Member States and the third country in question. In the case of  persons enjoying temporary 
protection  or  adequate  protection  under  national  law  with  a  valid  driving  licence  issued  by 
Ukraine,  it  is  appropriate  to  provide  for  a  harmonised  framework  for  the  recognition  of 
driving  licences  within  the  territory  of  the  Union,  for  as  long  as  the  period  of  temporary 
protection lasts. 

As  a  general  rule,  persons  enjoying  temporary  protection  or  adequate  protection  under 
national law who hold  a valid driving licence issued by  Ukraine should be able to use their 
driving licence on  EU territory  for as long as the temporary protection lasts.  In view of the 
temporary nature of the protection, there should be no need to exchange a Ukrainian driving 
licence  for  one  issued  by  a  Member  State.  This  considerably  eases  the  burden  on  the 
competent  authorities  of  the  Member  States,  as  they  would  otherwise  potentially  have  to 
exchange  millions  of  Ukrainian  driving  licences.  At  the  same  time,  persons  enjoying 
temporary protection or adequate protection under national law will not have to immediately 
pass another theoretical and/or practical driving licence test – often in a foreign language to 
them  –  and/or  undergo  medical  examinations  in  the  Member  State  of  their  temporary 
residence. 

1 
2 

Source: UNHCR (https://data2.unhcr.org/en/situations/ukraine)  
Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass 
influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and 
having the effect of introducing temporary protection, OJ L 71, 4.3.2022, p. 1. 

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In accordance with the Vienna Convention on Road Traffic, Contracting Parties may require 
the  holder  of  a  driving  licence  issued  by  another  Contracting  Party  to  have  an  international 
driving  permit  (based  on  a  harmonised  format)  in  addition  to  the  domestic  driving  permit. 
Practices vary across Member States in this regard, and an international driving permit from 
holders  of  Ukrainian  driving  licences  is  in  particular  often  required  in  some  Member  State 
when the domestic driving permits are written in Cyrillic letters only, while in others this is 
not  the  case.    As  long  as  the  war  rages  in  Ukraine,  it  is  close  to  impossible  for  holders  of 
Ukrainian  driving  licences  to  get  hold  of  an  international  driving  permit  issued  by  the 
competent  Ukrainian  bodies.  Persons  enjoying  temporary  protection  or  adequate  protection 
under  national  law  should  therefore  be  exempted  from  the  requirement  to  hold  an 
international driving permit in addition to the Ukrainian one, for at least as long as the period 
of  temporary  protection  lasts.  A  certified  translation  from  the  existing  Ukrainian  driving 
licences should also be waived under these exceptional circumstances, as it can prove to be 
costly  and  would  generate  additional  expenditures  for  people  who  have  possibly  lost  all  of 
their savings to flee from their country. Additionally, few certified translators are established 
outside large cities across the European Union, and the delivery of certified translations often 
requires the presentation of the original documents in person.  

Similar considerations apply to the certificates of professional competence (CPC) of bus and 
truck drivers. Such CPCs usually have an administrative validity of no more than five years, 
in  accordance  with  Directive  2003/59/EC3,  which  Ukraine  has  already  implemented  for 
drivers  engaged  in  international  transport  operations4.  In  view  of  the  context,  qualified 
professional drivers having fled the war from Ukraine should be granted an adequate access to 
economic  activities  in  the  EU.  With  a  view  to  developing  an  effective  harmonised 
implementation  of  the  relevant  provisions  of  this  proposal,  the  Commission  will  organise 
exchanges of views on national rules adopted by Member States with the experts designated 
under Article 11a(4) of Directive 2003/59/EC.  

As  outlined  in  the  EU-Ukraine  Solidarity  Lanes  action  plan,  and  in  this  context,  access  of 
professional  drivers  from  Ukraine  to  employment  in  the  European  Union  should  be 
facilitated,  by  defining  specific  rules  concerning  the  issuance  of  certificates  of  professional 
competence to Ukrainian professional drivers. In the context of the overall growing shortage 
of truck drivers, EU-Ukraine alternative logistical links and Ukraine’s continued access to its 
export markets ought to be strengthened in the aftermath of the current blockage of its Black 
Sea ports.  

Driving licences and certificates of professional  competence are usually  subject to a limited 
period of validity. As long as the war rages in Ukraine, however, Ukraine may likely not be 
able to ensure the administrative support necessary to individually renew these documents. In 
this extraordinary situation, the Ukrainian government could decide to extend the validity of 
these  documents.  In  that  case,  the  Union  and  the  Member  States  should  be  adequately 
informed  by  Ukraine  of  such  extensions.  Member  States  should  recognise  an  extended 
validity of Ukrainian driving licences going beyond their administrative period of validity, at 
least until the end of the period of temporary protection. 

3 

4 

Directive  2003/59/EC  of  the  European  Parliament  and  of  the  Council  of  15  July  2003  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 (OJ L 226, 10.9.2003, p. 4). 
In accordance with the provisions of Annex XXXII to the EU-Ukraine Association Agreement of 2014 
(OJ L 161, 29.5.2014, p. 1961-1967). For drivers engaged only in national transport operations within 
Ukraine, the implementation of the Directive was foreseen for 1 November 2019, but it is delayed. 

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The circumstances of fleeing war often entail the loss or theft of important documents such as 
driving licences or certificates of professional competence, or their leaving behind in the war 
zone  without  an  immediate  possibility  of  recovering  them.  In  such  cases,  subject  to 
verification,  for  instance,  in  the  national  electronic  driving  licence  register  of  Ukraine, 
Member  States  should  be  in  a  position  to  issue  temporary  licences  that  replace  the  original 
ones  for  the  duration  of  the  temporary  protection.  Access  to  the  Ukrainian  driving  licence 
register  by  the  competent  authorities  of  the  Member  States  would  facilitate  such  a  step. 
Without  the  possibility  of  verifying  the  authenticity  of  the  information  provided  by  the 
displaced persons, Member States should refuse to issue such temporary driver documents. In 
addition,  according  to  the  Ukrainian  Ministry  of  Digital  Transformation,  nearly  5.7  million 
driving licences have been issued via the mobile citizen portal application, DIIA (‘Action’). 
The  DIIA  allows  for  the  issuance  and  verification  of  electronic  documents  and  delivery  of 
public  services.  Despite  the  fact  that  the  DIIA  application  does  not  comply  with  the  ISO 
standard  18013-5  on  mobile  driving  licences  published  in  September  2021,  it  offers  the 
possibility  to  verify  driving  rights  relevant  to  the  exceptional  situation  addressed  by  this 
Regulation.  

Finally,  the  provisions  of  this  Regulation  address  exceptional  circumstances  and  lay  down 
exemptions  which  should  not  be  replicated  under  normal  circumstances.  It  is  therefore 
especially important that the enforcement of this Regulation is not conducive to putting road 
users and pedestrians at risk, by allowing people unfit to drive to do so on the EU roads. In 
that  context,  adequate  measures  should  be  implemented  by  the  competent  authorities  of  the 
Member States for the purpose of combatting fraud and forgery.    

•  

Consistency with existing policy provisions in the policy area 

The  provisions  of  the  proposed  regulation  complement  the  existing  Union  rules  on  driving 
licences  (Directive  2006/126/EC  of  the  European  Parliament  and  of  the  Council  of  20 
December 2006 on driving licences5) and on the initial qualification and periodic training of 
drivers  of  certain  road  vehicles  for  the  carriage  of  goods  and  passengers  (Directive 
2003/59/EC).  Neither  of  the  two  directives  contain  common  rules  on  the  recognition  of 
relevant documents issued by third countries. Such common framework is however necessary 
in the specific and extraordinary context arising from the unprovoked and unjustified military 
aggression  of  Russia  against  Ukraine,  as  it  allows  for  an  administrative  approach  that 
minimises the bureaucratic burden, and at the same time ensures road safety across the Union. 

• 

Consistency with other Union policies 

This proposal complements Union rules on the temporary protection of displaced persons, in 
particular Council  Implementing Decision (EU)  2022/382  of 4 March 2022 establishing  the 
existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 
of  Directive  2001/55/EC6,  which  has  for  the  first  time  established  the  existence  of  a  mass 
influx into the Union of displaced persons who have had to leave Ukraine as a consequence of 
an  armed  conflict  in  accordance  with  Council  Directive  2001/55/EC  of  20  July  2001  on 
minimum standards for giving temporary protection in the event of a mass influx of displaced 
persons and on measures promoting a balance of efforts between Member States in receiving 
such  persons  and  bearing  the  consequences  thereof7.  The  proposal  allows  those  displaced 
persons  to  use  the  documents  required  for  the  driving  of  motor  vehicles  on  the  public  road 
network of the Union and for carrying out the professional activity of driving, thus promoting 

5 
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7 

OJ L 403, 30.12.2006, p. 18. 
OJ L 71, 4.3.2022, p. 1. 
OJ L 212, 7.8.2001, p. 12. 

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the economic and social integration  of those displaced persons.  This  proposal  also  provides 
for  certain  minor  derogations  from  Directive  2003/59/EC  and  Directive  2006/126/EC  that 
address the specific needs of the situation.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  is  Article  91(1)(c)  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU).  

• 

Subsidiarity 

The  Union  has  already  adopted  legislative  action  in  the  area  of  driving  licences  (Directive 
2006/126/EC) and of the initial qualification and periodic training of drivers of certain road 
vehicles  for the carriage of goods and passengers (Directive 2003/59/EC). The amendments 
outlined above remain within the competencies conferred upon the Union by virtue of Article 
91(1)(c)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU).  Under  this 
provision  the European  Parliament and the Council must, acting in  accordance  with  the co-
decision procedure, lay down measures to improve transport safety. 

The proposed rules aim to improve road safety  as an aspect of transport safety, while at the 
same  time  providing  for  the  economic  and  social  integration  of  persons  displaced  as  a 
consequence  of  Russia’s  war  of  aggression  against  Ukraine.  Such  measures  are  destined  to 
ensure  that  those  persons  benefitting  from  temporary  protection  enjoy  the  freedom  to  move 
within the Union by driving power-driven vehicles, and also the freedom to work by carrying 
out  the  professional  activity  of  driving,  while  ensuring  that  they  do  so  in  line  with  safety-
related aspects and standards applicable in the Union. 

The objective of this Regulation cannot be sufficiently achieved by the Member States, as it 
requires a harmonised regulatory framework and coordination to a problem caused by the war 
in Ukraine that affects the European Union as a whole. It can therefore by reason of the scale 
and effects of the action be better achieved at Union level.  

• 

Proportionality 

This  Union  action  is  necessary  to  achieve  the  objective  of  the  proper  operation  of  the 
temporary  protection  mechanisms  provided  for  by  the  relevant  pieces  of  Union  law,  taking 
into account the magnitude and gravity of the impact of Russia’s unprovoked and unjustified 
aggression against Ukraine. The proposed Regulation contains targeted temporary measures, 
which  are  strictly  linked  to  the  current  situation  and  limited  to  what  is  necessary  to  ensure 
legal certainty, road safety and the smooth functioning of the internal market. 

• 

Choice of the instrument 

This  proposal  concerns  specific  provisions  that  affect  the  application  of  several  Directives. 
The  provisions  of  the  act  proposed  should  apply  immediately  and  directly  in  order  to 
guarantee legal certainty, for the transport operators and other persons concerned, as well as 
for  the  Member  States’  authorities.  This  legislative  act  should  therefore  take  the  form  of  a 
Regulation that is directly applicable and does not require transposition into national law.  

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

This  is  not  applicable  due  to  the  exceptional,  temporary  and  one-off  nature  of  the  event 
necessitating this proposal, which does not relate to the objectives of existing legislation.  

• 

Stakeholder consultations 

Given the urgency of the matter, a formal stakeholder consultation has not been carried out. 
However,  four  informal  exchanges  of  views  have  been  held  with  the  members  of  the 
Committee  on  driving  licences  (on  17  March,  31  March,  13  April  and  12  May  2022), 
addressing also marginally the case of certificates of professional competences. 

The  consultation  confirmed  the  patchwork  of  rules  applying  to  the  recognition  of  official 
driving  documents  issued  by  third  countries.  The  situation  varies  significantly  between 
Member  States  as  national  provisions  govern  most  of  the  relevant  aspects.  Given  the 
amplitude  of  the  situation  and  the  need  for  immediate  measures,  EU  action  in  the  field  has 
been considered necessary by the Member States’ experts. 

• 

Collection and use of expertise 

As  explained,  the  proper  collection  of  expertise  was  not  possible  due  to  the  urgency  of  the 
situation. 

• 

Impact assessment 

Given the urgency of the situation, no impact assessment has been carried out. This proposal 
does in any case not alter the principles and mechanisms of the Union legislation concerned.  

• 

Fundamental rights 

This  proposal  aims  at  facilitating  the  free  movement  within  the  Union  of  people  enjoying 
temporary protection or adequate protection under national law.  

4. 

BUDGETARY IMPLICATIONS 

Not applicable.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable.  

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2022/0204 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down specific and temporary measures, in view of Russia’s invasion of Ukraine, 
concerning driver documents issued by Ukraine in accordance with its legislation 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee8,  
Having regard to the opinion of the Committee of the Regions9,  

Acting in accordance with the ordinary legislative procedure,  

Whereas: 

(1) 

(2) 

On 24 February 2022, Russian armed forces initiated a large-scale invasion of Ukraine 
at  multiple  locations  from  the  Russian  Federation,  from  Belarus  and  from  non-
government-controlled areas of Ukraine. Consequently, substantial areas of Ukrainian 
territory now constitute areas of armed conflict from which millions of persons have 
fled or are fleeing. 

In response to this unprovoked and unjustified military aggression against Ukraine the 
Council has for the first time established the existence of a mass influx into the Union 
of  displaced  persons  who  have  had  to  leave  Ukraine  as  a  consequence  of  an  armed 
conflict  in  accordance  with  Council  Directive  2001/55/EC10  in  its  Implementing 
Decision (EU) 2022/38211,  which set outs the categories of displaced persons entitled, 
in  the  Union,  to  temporary  protection  or  adequate  protection  under  national  law.  

(3) 

A driving licence enhances the mobility of its holder and facilitates everyday life as it 
allows  for  the  driving  of  power-driven  vehicles.  A  certificate  of  professional 
competence is required to work as a professional driver for the transport of goods and 

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OJ C , […], p. . 
OJ C , […], p. . 
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in 
the event of a mass influx of displaced persons and on measures promoting a balance of efforts between 
Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 
12). 

Council  Implementing  Decision  (EU)  2022/382  of  4 March  2022  establishing  the  existence  of  a  mass 
influx of displaced persons from Ukraine within the  meaning of  Article 5 of Directive 2001/55/EC, and 
having the effect of introducing temporary protection (OJ L 71, 4.3.2022, p. 1). 

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passengers for an undertaking established in the European Union. In the given context, 
both documents promote the participation of persons enjoying temporary protection or 
adequate protection under national law in economic and social activities in their new 
environment.  

In  accordance  with  Annex  XXXII  to  the  Association  Agreement  between  the 
European  Union  and  its  Member  States,  of  the  one  part,  and  Ukraine,  of  the  other 
part12, Ukraine has approximated its laws to the provisions of Directive 2003/59/EC of 
the  European  Parliament  and  of  the  Council13,  in  particular  in  order  to  allow  the 
issuing of the corresponding certificates of professional competence to bus and truck 
drivers engaged in international operations.  

The  Convention  on  Road  Traffic  concluded  at  Vienna  in  1968  (‘the  Convention  on 
Road  Traffic  1968’),  to    which  Ukraine  is  a  party,  provides  for  certain  rules  which 
allow for the recognition of driving permits under certain conditions; however, not all 
Member  States  are  Parties  to  that  convention.  In  addition,  there  is  currently  no 
harmonised  Union  framework  for  the  exchange  of  driving  licences  or  certificates  of 
professional competence issued by third countries such as Ukraine. The requirements 
related to a possible exchange of driving licences are mostly laid down in the national 
legislation  of  Member  States,  or  under  existing  bilateral  agreements  between  those 
Member  States  and  Ukraine.  Diverging  requirements  between  the  different  Member 
States  of  the  Union,  particularly  as  regards  the  recognition  of  driving  licences  and 
certificates of professional competence, may adversely affect the life and the freedoms 
of  the  displaced  persons  fleeing  from  the  military  aggression  of  Russia  against 
Ukraine, at a time in which these persons are especially vulnerable. 

In  this  context,  it  is  therefore  appropriate  to  have  a  common  Union  framework 
applicable to the recognition of driving licences issued by Ukraine and held by persons 
enjoying  temporary  protection  or  adequate  protection  under  national  law.  To  reduce 
the burden on the authorities of the Member States and on people enjoying temporary 
protection or adequate protection under national  law, driving licences duly issued by 
Ukraine  to  those  persons  should  be  recognised  for  as  long  as  the  period  of  their 
temporary protection lasts, without the need for their holders to exchange them.  

The  Convention  on  Road  Traffic  of  1968  requires  the  holders  of  driver  permits  to 
present international driving permits for their rights to drive to be recognised in certain 
cases.  They  may  also  be  required  to  present  a  certified  translation  of  the  holder’s 
driving licence. These requirements constitute a disproportionate burden on the people 
displaced  from  Ukraine  which  is  unlikely  to  be  complied  with  in  many  cases. 
Therefore, the presentation of such documents should not be required on the territory 
of the Union from persons enjoying temporary protection or adequate protection under 
national law. 

Despite  the  fact  that  Ukraine  has  already  approximated  its  national  law  to  Directive 
2003/59/EC  for  drivers  engaged  in  international  transport  operations,  Ukrainian 
professional drivers looking to work for road transport undertakings established in the 
Union still need to obtain a certificate of professional competence issued in a Member 
State. It should therefore be possible for Member States that intend to issue a specific 

OJ L 161, 29.5.2014, p. 3. 
Directive  2003/59/EC  of  the  European  Parliament  and  of  the  Council  of  15 July  2003  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 (OJ L 226, 10.9.2003, p. 4). 

(4) 

(5) 

(6) 

(7) 

(8) 

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13 

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certificate  of  professional  competence  to  persons  enjoying  temporary  protection  or 
adequate  protection  under  national  law  and  holding  certificates  of  professional 
competence issued by Ukraine in accordance with the Ukrainian national legislation to 
issue a driver qualification card as referred to in Directive 2003/59/EC, or to mark the 
special temporary  Union code ’95.01’ on the relevant driving licence, to the persons 
concerned  for  the  purpose  of  giving  the  same  rights  to  a  holder  of  a  certificate  of 
professional competence issued by Ukraine as defined in Article 2(b) as those of the 
persons qualified to carry out the activity of driving covered by Article 1 of Directive 
2003/59/EC. To this end , Member States should adopt national rules laying down the 
scope and duration of a complementary compulsory training and of a subsequent test, 
in  order  to  ensure  that  the  persons  concerned  meet  the  standards  relating  to  initial 
qualification  and  periodic  training  as  defined  in  Directive  2003/59/EC.  In  case  of  a 
declaration of loss or theft of a certificate of professional competence, Member States 
should also verify, including with the competent authorities of Ukraine, that the person 
concerned  holds  a  valid  certificate  of  professional  competence  issued  by  Ukraine, 
prior to issuing of that specific certificate of professional competence. 

As driving licences and certificates of professional competence usually have a limited 
period  of  validity,  they  need  to  be  regularly  renewed.  The  current  context  does  not 
allow Ukraine to carry out their tasks in a normal fashion, which is why they may not 
be  in  a  position  to  renew  existing  administrative  documents.  Member  States  should 
therefore  recognise  any  possible  decisions  adopted  or  to  be  adopted  by  Ukraine  to 
renew driving documents whose validity has expired or will expire, for as long as the 
period of temporary protection lasts. Ukraine should adequately inform the Union and 
its Member States of such decisions.  

(9) 

(10)  The circumstances of fleeing war often entail the loss or theft of driving licences, or 
their  leaving  behind  in  the  war  zone  without  an  immediate  possibility  of  recovering 
them.  In  such  cases,  Member  States  should  be  allowed  to    issue  temporary  driving 
licences  that  replace  the  original  ones  for  the  duration  of  the  temporary  protection, 
provided  that  the  competent  authorities  of  the  Member  States  are  in  a  position  to 
verify  the  information  provided  by  the  displaced  persons,  e.g.  by  accessing  the 
national  registers  of  Ukraine.  Such  documents  should  be  mutually  recognised  in  the 
Union,  and  their  administrative  validity  should  not  exceed  the  duration  of  the 
temporary protection.  

(11)  The fight against fraud and forgery is instrumental in maintaining road safety and law 
enforcement.  In  this  respect,  coordination  mechanisms  should  be  established  for  an 
efficient  fight  against  fraud  and  forgery  as  part  of  the  implementation  of  this 
Regulation. 

(12)  Since the objective of this Regulation cannot be sufficiently achieved by the Member 
States  and  can  rather,  by  reason  of  the  scale  and  effects  of  the  action,  be  better 
achieved  at  Union  level,  the  Union  shall  adopt  measures  in  accordance  with  the 
principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle 
of proportionality as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve that objective, 

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HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject-matter 

This Regulation lays down specific and temporary measures applicable to driver documents 
issued by Ukraine in accordance with its legislation and held by persons enjoying temporary 
protection  or  adequate  protection  under  national  law  in  accordance  with  Directive 
2001/55/EC and Implementing Decision (EU) 2022/382. 

For 

the 

purposes 

of 

this 

Regulation, 

“driver 

documents”  means:  

Article 2 
Definitions 

(a) 

(b) 

1. 

2. 

1. 

driving  licences  issued  by  Ukraine,  proving  the  conditions  under  which  a  driver  is 
authorised to drive under the law of Ukraine; 

certificates  of  professional  competence  issued  by  Ukraine  in  accordance  with  its 
national legislation adopted to implement Directive 2003/59/EC, pursuant to Article 
368(1)  and  Annex  XXXII  to  the  Association  Agreement  between  the  European 
Union  and  its  Member  States,  of  the  one  part,  and  Ukraine,  of  the  other  part,  to 
drivers  of  the  road  vehicles  engaged  in  the  international  carriage  of  goods  or 
passengers by road falling under the scope of that Directive. 

Article 3 
Recognition of driving licences issued by Ukraine 

Valid  driving  licences  issued  by  Ukraine  shall  be  recognised  in  the  territory  of  the 
Union  when  their  holders  enjoy  temporary  protection  or  adequate  protection  under 
national  law  in  accordance  with  Directive  2001/55/EC  and  Implementing  Decision 
(EU)  2022/382,  at  least  until  the  moment  when  the  temporary  protection  ceases  to 
apply. 

Where a person enjoying temporary protection or adequate protection under national 
law is in possession of a driving licence as referred to in paragraph 1, Member States 
shall  not  require  the  presentation  of  its  certified  translation  nor  of  the  international 
driving  permit  referred  to  in  Article  41(1)  of  the  Convention  on  Road  Traffic 
concluded at Vienna in 1968. 

Article 4 
Certificates of professional competence 

Upon  request  from  a  holder  of  a  certificate  of  professional  competence  issued  by 
Ukraine  as  defined  in  Article  2(b)  who  enjoys  temporary  protection  or  adequate 
protection  under  national  law  in  accordance  with  Directive  2001/55/EC  and 
Implementing  Decision  (EU)  2022/382,  the  Member  State  where  that  holder  has 
been  granted  a  temporary  residence  permit  or  the  Member  State  where  that  holder 
enjoys adequate protection under national law may:  

(a)  mark, by way of derogation to point 12 of Annex I of Directive 2006/126/EC, a 
special temporary Union code ’95.01’ followed by its date of expiry in field 12 

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of  side  2  of  the  driving  licence  of  the  person  concerned,  provided  that  that 
person holds a Union model driving licence issued by that Member State; or 

(b) 

issue a driver qualification card to that person with a special temporary Union 
code ’95.01’ followed by its date of expiry in field 10 of side 2 of that driver 
qualification card as referred to in Article 10(1) of Directive 2003/59/EC.  

Such driver qualification cards shall only be issued and such driving licences shall be 
marked  only  when  their  holders  enjoy  temporary  protection  or  adequate  protection 
under  national  law  in  accordance  with  Directive  2001/55/EC  and  Implementing 
Decision (EU) 2022/382.  

The  driver  qualifications  cards  and  the  mark  on  the  driving  licences  referred  to  in 
paragraph  1  points  (a)  and  (b)  shall  be  mutually  recognised  in  the  territory  of  the 
Union. The holders of such driver qualification cards or such marked driving licenses 
shall  be  considered  as  fulfilling  the  requirement  of  compulsory  initial  qualification 
necessary  to  carry  out  the  activity  of  driving  laid  down  by  Article  3  of  Directive 
2003/59/EC.  

The  administrative  validity  of  such  driver  qualification  cards  or  attached  to  the 
special  temporary  Union  code  marked  on  the  driving  licences  shall  not  exceed  the 
duration of the temporary protection in respect of displaced persons from Ukraine, as 
referred  to  in  Article  4  of  Directive  2001/55/EC,  the  duration  of  the  temporary 
protection or of adequate protection under national law of the holder, nor the period 
of validity of the driving licence, whichever is earliest.  

In the event that the temporary protection is extended in accordance with Article 4 of 
Directive  2001/55/EC,  a  document  issued  in  accordance  with  paragraph  1  shall  be 
renewed  accordingly  by  the  Member  State  where  the  holder  of  the  document  has 
been  granted  a  temporary  residence  permit  or  enjoys  adequate  protection  under 
national law.  

Prior to issuing the driver qualification card referred to in paragraph 1 or marking the 
special temporary Union code ’95.01’ on the driving licence referred to in paragraph 
1,  Member  States  shall  require  the  holder  of  the  certificate  of  professional 
competence  referred  to  in  that  paragraph  to  undergo  a  complementary  compulsory 
training  concluded  with  a  test  for  the  purpose  of  verifying  that  the  driver  has  the 
level of knowledge required by section 1 of Annex I to Directive 2003/59/EC. 

The duration of the complementary compulsory training shall not  exceed  60 hours, 
including at least 10 hours of individual driving as specified in point 2.1 of Section 2 
of Annex I to Directive 2003/59/EC. 

At  the  end  of  that  training,  Member  States’  competent  authorities  or  the  entity 
designated by them shall test the driver in writing or orally.  

Member States shall inform the Commission of national rules adopted in accordance 
with  this  Article  prior  to  issuing  the  driver  qualification  card  or  to  marking  the 
driving licence referred to in paragraph 1.  

In the event of loss or theft of a certificate of professional competence as defined in 
Article 2(b) held  by a person enjoying temporary  protection or adequate protection 
under  national  law  in  accordance  with  Directive  2001/55/EC  and  Implementing 
Decision  (EU)  2022/382,  the  Member  State  where  that  person  has  been  granted  a 
temporary  residence  permit  or  enjoys  adequate  protection  under  national  law  may 
verify,  upon  request  of  that  person,  including  with  the  competent  authorities  of 

2. 

3. 

4. 

5. 

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Ukraine,  that  that  person  is  the  holder  of  a  valid  certificate  of  professional 
competence  issued  by  Ukraine  in  accordance  with  its  national  legislation  and  that 
that person is not in possession of a document marked or issued in accordance with 
paragraph 1 by another Member State. 

After carrying out that verification, the Member State concerned may issue the driver 
qualification card or mark the special temporary Union code ’95.01’ on the driving 
licence, in accordance with the procedures set out in paragraphs 1 and 2. 

6. 

Member  States  shall  not  renew  a  driver  qualification  card  or  the  marking  of  the 
special temporary Union code ’95.01’ on a driving licence referred to in paragraph 1 
when its holder no longer enjoys temporary protection or adequate protection under 
national  law  in  accordance  with  Directive  2001/55/EC  and  Implementing  Decision 
(EU) 2022/382. 

Article 5 
Extension of the validity of expired driver documents issued by Ukraine 

Without  prejudice  to  Article  1,  where  Ukraine  adopts  decisions  to  extend  the  validity  of 
expired driver documents it issued, Member States shall recognise those decisions, provided 
that Ukraine informs the Union and its Member States thereof. 

1. 

2. 

3. 

Article 6 
Lost or stolen driving licences issued by Ukraine 

Where a person enjoying temporary protection or adequate protection under national 
law  in  accordance  with  Directive  2001/55/EC  and  Implementing  Decision  (EU) 
2022/382  declares  the  loss  or  theft  of  his  or  her  driving  licence,  the  Member  State 
where that person has been granted a temporary residence permit or enjoys adequate 
protection under national law shall verify, upon request of that person, including with 
the  competent  authorities  of  Ukraine,  the  driving  rights  acquired  by  that  person  in 
conformity with the legislation applicable in Ukraine and that no other Member State 
has already issued a driving licence to that person in accordance with this Article, in 
particular to  ascertain  that  the driving license has not  been restricted, suspended or 
withdrawn.  

By way of derogation to Article 11(6) of Directive 2006/126/EC, after carrying out 
the  verification  referred  to  in  paragraph  1,  a  Member  State  may  issue  a  driving 
licence  of  the  same  category  or  categories  to  the  person  concerned  based  on  the 
Union model set out in Annex I to Directive 2006/126/EC. In this case, and by way 
of derogation to point 12 of Annex I of Directive 2006/126/EC, Member States shall 
introduce in  the driving  licence   a special  temporary Union  code 99.01 in field  12, 
which  shall  mean  “Special  issuance  valid  only  for  the  duration  of  temporary 
protection (lost or stolen UA licence)”. 

The  driving  licence  referred  to  in  paragraph  2  shall  be  mutually  recognised  in  the 
Union.  Its  administrative  validity  shall  not  exceed  the  duration  of  the  temporary 
protection in respect of displaced persons from Ukraine, as referred to in Article 4 of 
Directive  2001/55/EC,  nor  the  duration  of  the  temporary  protection  or  of  adequate 
protection under national law of the holder, whichever is earliest. 

In the event that the temporary protection is extended in accordance with Article 4 of 
Directive 2001/55/EC, a driving licence issued in accordance with paragraph 2 shall 
be renewed accordingly by the Member State where the holder of the document has 

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4. 

5. 

been  granted  a  temporary  residence  permit  or  enjoys  adequate  protection  under 
national law. 

Where the verification referred to in paragraph 1 is not possible, the Member State in 
question shall not  issue  the driving licence referred to  in  paragraph 2.  In  that case, 
the Member State may issue a driving licence valid exclusively on its territory to the 
person concerned, in accordance with its national legislation, which shall be different 
from the model laid down in Annex I to Directive 2006/126/EC. 

Member  States  shall  not  renew  a  driving  licence  referred  to  in  paragraph  2  in  the 
event  that  its  holder  no  longer  enjoys  temporary  protection  or  adequate  protection 
under national law in accordance with Implementing Decision (EU) 2022/382. 

Article 7 
Prevention of fraud and forgery 

When applying this Regulation, Member States shall use all appropriate means to prevent and 
combat the fraud and forgery of driver documents, including by verifying the rights attached 
to those documents. 

Member States shall not apply the provisions of this Regulation to driver documents issued by 
Ukraine  in  electronic  format  if  they  are  not  able  to  verify  their  authenticity,  integrity  and 
validity.  

Article 8 
Entry into force and application 

1. 

2. 

3. 

This  Regulation  shall  enter  into  force  on  the  twentieth  day  following  that  of  its 
publication in the Official Journal of the European Union. 

This Regulation shall cease to apply on the day following that on which  the period 
of application of temporary protection in respect of displaced persons from Ukraine, 
as  referred  to  in  Article  4  of  Directive  2001/55/EC,  has  come  to  an  end,  in 
accordance with Article 6 of that Directive.  

This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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