Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Union-wide effect of certain driving disqualifications
Date: 2023-03-01
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: EU Member State, common transport policy, driving licence, exchange of information, judicial cooperation in civil matters in the EU, penalty, road safety, traffic offence, transport accident

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   EUROPEAN COMMISSION  Brussels, 1.3.2023  COM(2023) 128 final 2023/0055 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Union-wide effect of certain driving disqualifications (Text with EEA relevance) {SWD(2023) 128-129} - {SEC(2023) 350}  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Improving  road  safety  is  a  prime  objective  of  the  Union's  transport  policy.  The  Union  is 
pursuing a policy to improve road safety with the objective of reducing fatalities, injuries and 
material damage. 

Over  the  last  20  years,  EU  roads  have  become  significantly  safer.  The  number  of  road 
fatalities  has  gone  down  by  61.5%  from  around  51,400  in  2001  to  around  19,800  in  2021. 
Nevertheless,  the improvement in  road safety has not  been strong  enough to  meet  the EU’s 
political ambition to decrease the number of road deaths by 50% between 2001 and 2010, and 
by additional 50% between 2011 and 2020 (i.e. by 75% between 2001 and 2020) stemming 
from a number of strategic documents issued by the Commission over the last two decades, 
such  as  the  White  Paper  on  European  Transport  Policy  for  20101,  or  the  Communication 
from the Commission on Towards a European road safety area: policy orientations on road 
safety 2011-20202. In its Sustainable and Smart Mobility Strategy3 of 2020, the Commission 
committed to target zero fatalities in all modes of transport by 2050. 

While  the  number  of  road  fatalities  in  2020  was  17%  lower  than  in  2019,  this  was  heavily 
influenced by  an unprecedented drop in  road traffic volumes in  the  wake of the COVID-19 
pandemic4.  In  the  years  before  2020,  there  was  hardly  any  drop  in  the  number  of  road 
fatalities.  This  slowdown,  that  already  appeared  around  2014,  prompted  the  Transport 
Ministers of the Member States of the Union to issue a ministerial declaration on road safety 
at the informal transport Council in Valletta in March 20175. In that declaration, the Member 
States  called  upon  the  Commission  to  explore  the  strengthening  of  the  Union’s  road  safety 
legal framework to reverse that stagnating trend. 

The  Valletta  Declaration6  explicitly  called  for  action  on  the  issue  of  mutual  recognition  of 
driving disqualifications concerning non-resident drivers:  

“The transport ministers call upon the Commission to: (…) explore the strengthening of the 
Union's road safety legal framework with a particular focus on Member States' cooperation 
on  the  mutual  recognition  of  the  driving  disqualifications  of  non-resident  drivers,  without 
prejudice to the appropriate legal base(s) for such proposals (…).” 

In  that  context,  an  important  element  of  the  Union’s  efforts  to  improve  road  safety  is  the 
consistent  enforcement  of  sanctions  for  road  traffic  offences  committed  in  the  Union. 
However, under the current  legal  framework, the sanction of driving disqualification cannot 

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COM(2001) 370 final. 
COM(2010) 389 final. 
COM(2020) 789 final. 
During the first lockdown in April 2020, the European Transport Safety Council (ETSC) reported a 70-
85%  reduction  in  traffic  volumes  in  major  European  cities  (https://etsc.eu/covid-19-huge-drop-in-
traffic-in-europe-but-impact-on-road-deaths-unclear/) 
See: https://eumos.eu/wp-
content/uploads/2017/07/Valletta_Declaration_on_Improving_Road_Safety.pdf; in June 2017, the 
Council adopted conclusions on road safety endorsing the Valletta Declaration (see document 9994/17). 
Valletta Declaration on Road Safety, 2015, point 9(c). 

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be granted a Union-wide effect where the offence is committed in a Member State other than 
the one which issued the driving licence. 

Because  the  issuance  of  a  driving  licence  is  a  sovereign  act,  such  document  cannot  be 
withdrawn with the same effect by another Member State. Therefore, only the Member State 
that issued the driving license can withdraw it with a Union-wide effect. Other Member States 
may  only  restrict  the  right  to  drive  as  regards  their  respective  territory,  in  line  with  the 
territoriality  principle7.  It  is  therefore  imperative  for  a  Union-wide  effect  of  driving 
disqualifications  and  to  prevent  the  relative  impunity  of  road  traffic  offenders  that  a  Union 
framework is established.    

Which  authorities  can  adopt  decisions  imposing  driving  disqualifications  varies  between 
Member States.  Therefore, the imposition of the Union-wide driving disqualification should 
be  established  on  the  basis  of  national  law  of  the  Member  State  that  has  issued  the  driving 
licence.  Under  the  proposal,  Member  States  will  be  obliged  to  provide  an  auxiliary  Union-
wide effect, in accordance with their own national legislation, to a driving disqualification that 
was imposed by another Member State.  

The  framework  should  be  based  on  the  principle  that  effects  pertaining  to  the  withdrawal, 
suspension or restriction of a driving licence should to the furthest possible extent be applied 
in the whole Union, thus establishing Union-wide disqualification. Such a framework enables 
the  EU  to  reach  similar  results  as  if  the  decisions  leading  to  driving  disqualifications  were 
mutually recognized, while also catering the specificities of road transport and ensuring that 
there  is  no  overlap  between  the  Union-wide  effect  of  driving  disqualifications  and  the 
instruments used in the field of criminal cooperation. 

The  scope  of  this  initiative  covers  those  road  traffic  offences  that  most  contribute  to  road 
traffic  accidents  and  fatalities,  namely:  excessive  speeding;  drink-driving;  driving  under  the 
influence  of  drugs  and  causing  death  or  serious  bodily  injury  as  a  result  of  any  road  safety 
related traffic offence.   

Speed not  only has a direct  influence on collision occurrence  and the severity  of  collisions, 
but speeding is actually by far the most recorded road traffic offence on average8. The number 
of  collisions  and  the  severity  of  those  collisions  increase  exponentially  as  driving  speed 
increases. Likewise, reducing speed by only a few km/h can significantly reduce the number 
and severity of collisions9. 

The  share  of  speeding  offences  committed  by  non-resident  drivers  can  differ  greatly  across 
Member  States.  On  average,  around  18%  of  all  speeding  offences  are  committed  by  non-
resident  drivers.  This  means  that  there  is  a  material  group  of  drivers  who  commit  serious 
traffic offences in other Member States but are not (fully) held accountable for them. Speed 
enforcement  aims  to  deter  drivers  from  exceeding  speed  limits  by  penalising  those  that  do. 
This  not  only  affects  the  speed  of  drivers  who  feel  typified  by  those  that  actually  get 

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This  interpretation  is  continuously  reiterated  in  the  case-law  of  the  Court  of  Justice  of  the  European 
Union  as  well,  see  for  example:  case  C-419/10,  Hofmann,  ECLI:EU:C:2012:240,  and  case  C-260/13, 
Aykul, ECLI:EU:C:2015:257. 
https://etsc.eu/wp-content/uploads/ETSC_PINFLASH42_v2TH_JC_FINAL_corrected-060522.pdf 
Ibid. 

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sanctioned  (specific  deterrence),  but  also  those  who  see  or  hear  that  drivers  keep  being 
penalised (general deterrence)10. 

By  partially  removing  the  existing  impunity  of  these  offenders  through  allowing  Member 
States to mutually recognize driving disqualifications stemming from speeding, it is expected 
that their driving speed will lessen, as they will feel the need to comply with speed regulations 
abroad to the same extent they do in their own Member State. In fact, especially considering 
that  speeding  is  the  most  committed  road  traffic  offence,  the  mutual  recognition  of  driving 
disqualifications  stemming  from  its  commission  is  expected  to  have  a  significant  effect  on 
road safety alone, as for example certain stakeholders estimate that 2,100 lives could be saved 
each year if the average speed dropped by only 1 km/h on all roads across the EU11. 

The same logic applies to drink driving. The number of drink driving offences is estimated at 
1.2 million in 2019 and it is projected to increase to 1.5 million by 2030 and 2.4 million by 
2050, drawing on the development of enforcement intensity over the period 2010-201912. A 
recent study carried out in the context of the DRUID (Driving under the Influence of Drugs, 
Alcohol and Medicines) project was used to estimate the share of offences in which the tested 
blood  alcohol  concentration  (BAC)  was  higher  than  0.813.  At  EU  level,  some  26%  of  all 
alcohol offences were estimated to be severe, with a possible loss of licence as a consequence. 
In addition, it has been estimated that non-resident drivers commit around 15% of all traffic 
offences14. 

Similarly,  drugs  can  affect  mental  and  physiological  functions,  causing  impairment.  In  fact 
based  on  epidemiological  studies  of  road  fatalities  at  national  level  it  is  estimated  that  the 
share  of  road  fatalities  with  involvement  of  drugs  (including  medicines)  is  15-25%15. 
According  to  another  report  of  the  DRUID  project16,  the  primary  general  deterrent  factor 
concerning  drug-driving  is  the  perceived  risk  of  detection,  however,  a  survey  carried  out  in 
2018 showed that  only  14% of the  general  driving population believe it  likely that they  are 
going to  be checked for  the use of illegal  drugs17. The visibility of enforcement of offences 
related to driving while influenced by drugs should therefore be raised. On that consideration, 
and concerning the link between drugs and alcohol (commonly referred together as “driving 
under  the  influence”  or  “DUI”),  it  is  necessary  to  include  the  offence  of  driving  under  the 
influence of drugs in the proposed Directive.  

Apart from offences related to speeding and driving under the influence, other conducts that 
infringe  road  traffic  regulations,  can  also  lead  to  serious  bodily  injury  or  even  fatalities,  in 
particular  of  vulnerable  road  users  such  as  children,  pedestrians,  cyclists,  and  people  on 

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Ibid. 
ETSC (2019), PIN Flash 36, Reducing Speeding in Europe https://bit.ly/2YZgSzr  
European  Commission,  Directorate-General  for  Mobility  and  Transport,  Modijefsky,  M.,  Janse,  R., 
Spit, W., et al., Prevention of driving under the influence of alcohol and drugs: final report, Publications 
Office of the European Union, 2022, https://data.europa.eu/doi/10.2832/284545 
European  Monitoring  Centre  for  Drugs  and  Drug  Addiction  (2012):  Driving  Under  the  Influence  of 
Drugs,  Alcohol 
project 
(https://www.emcdda.europa.eu/attachements.cfm/att_192773_EN_TDXA12006ENN.pdf) 
SWD(2023) 126 final 
European  Commission,  Directorate-General  for  Mobility  and  Transport,  Modijefsky,  M.,  Janse,  R., 
Spit,  W.,  et  al.,  Prevention  of  driving  under  the  influence  of  alcohol  and  drugs  :  final  report, 
Publications Office of the European Union, 2022, https://data.europa.eu/doi/10.2832/284545  
Microsoft Word - FINAL Deliverable 4_2_1 DRAFTv10 (bast.de)      
https://www.esranet.eu/en/publications/  

and  Medicines 

the  DRUID 

in  Europe 

findings 

from 

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(electric) scooters and those whose mobility is reduced. On those considerations, the proposed 
Directive  provides  for  the  extension  of  the  effect  of    driving  disqualifications  arising  from 
those conducts to the EU as a whole. 

The  evaluation  of  Directive  2006/126/EC18  concluded  that  the  absence  of  a  specific  and 
efficient  EU  framework  for  driving  disqualifications  poses  challenges  when  it  comes  to 
preventing abuses by drivers that commit offences on the territory of one Member State but 
then  can  continue  to  drive  in  another  Member  State  without  bearing  consequences  of  the 
offences.  This  was  corroborated  by  the  views  of  16  out  of  21  respondents  representing 
national  authorities  who  saw  the  fact  that  residents  and  non-residents  of  the  Member  State 
where  the  offence  was  committed  do  not  face  the  same  consequences  regarding  driving 
disqualification, as a generally important problem. When asked about the absence of a Union-
wide driving disqualification provided through the means of mutual recognition of decisions, 
some  Member  States  confirmed  that  it  renders  difficult  the  enforcement  of  disqualification 
across borders and hence poses a risk to road safety in the EU, especially in cases where the 
banning  from  driving  resulted  from  serious  offences  (e.g.  driving  under  the  influence  of 
alcohol).  The  targeted  survey  with  national  authorities  carried  out  in  the  context  of  the 
evaluation broadly confirmed that there may be a negative impact on road safety and driving 
licence tourism resulting from the absence of an EU framework for driving disqualifications 
though its impact would be difficult to assess. 

this  Explanatory  Memorandum  refers 

When 
the  mutual  recognition  of  driving 
disqualifications  in  the  context  of  the  preparatory  work,  it  should  be  read  as  the  policy 
objective to provide for  a Union-wide effect of driving disqualifications,  as  that was always 
the original purpose of the initiative. 

to 

Moreover, providing for a Union-wide effect of driving disqualification through the means of 
mutual  recognition  of  decisions,  has  also  been  examined  in  the  context  of  the  preparatory 
work for Directive 2015/41319.  

In  the  preparatory  work  of  the  revision  of  Directive  2006/126/EC  the  large  majority  of 
respondents to the Open Public Consultation (OPC) (68%, 5,146 out of 7,532) stated that it is 
either very important or important that the scope of that Directive is expanded to include rules 
on  the  mutual  recognition  of  driving  disqualification.  Most  stakeholders20  supported  during 
the workshop and the targeted interviews to develop the concept of the mutual recognition of 
driving disqualifications. However, the Netherlands  mentioned  some legal concerns21, while 
Germany had some concerns at least in the initial phase.  

Overall,  many  stakeholders  were  supportive  of  the  Union-wide  driving  disqualification 
provided through the means of mutual recognition of decisions, especially when it comes to 
offenses related to speeding and drink- driving. This was confirmed in the OPC, where about 
6,106  (81%)  and  4,966  (66%)  out  of  7,532  respondents,  considered  a  Union-wide  driving 

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Commission Staff Working Document SWD(2022)0017 final Evaluation of the Directive 2006/126/EC 
of the European Parliament and of the Council of 20 December 2006 on driving licences. 
The statistics and the results of survey presented herewith form part of Impact assessment support study 
for the revision of Directive (EU) 2015/413 facilitating cross-border exchange of information on road-
safety-related  traffic  offences,  ECORYS  consortium  (2022),  MOVE/C2/SER/2019-425/SI2.819667  – 
link to be added. 
European federation of road victims, FR, ETSC, HU, SE, SI, BE, CEETAR, and NL. 
NL raised concerns regarding the diverse rules and procedures applicable across the EU. 

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disqualification provided through the means of mutual recognition of decisions resulting from 
driving under the influence of alcohol or of drugs and from speeding as either very important 
or important for the revision of Directive 2006/126/EC respectively. In particular, when asked 
which offences should be provided such an effect in the EU, 87% of respondents to the OPC 
(6,586 out of 7,532) chose driving under the influence of alcohol and drugs and 46% (3,470 
out  of  7,532)  selected  speeding.  In  the  targeted  interviews,  some  stakeholders22  expressed 
support  for  providing  a  Union-wide  driving  disqualification  through  the  means  of  mutual 
recognition  of  decisions  resulting  from  speeding,  drink-  driving.  Sweden,  Slovenia  and 
Belgium were also supportive, despite acknowledging the difficulties in finding an agreement 
with other Member States and with the actual implementation.   

The  absence  of  a  clear  EU  framework  for  a  Union-wide  driving  disqualification  provided 
through  the  means  of  mutual  recognition  of  decisions  poses  challenges  when  it  comes  to 
preventing abuse by drivers and impacts  road safety. This  finding was also corroborated by 
Member  States  during  the  targeted  interviews.  Reducing  both  dangerous  behaviours  by 
drivers and the number of unlicensed drivers seem to be relevant factors for stakeholders that 
responded to the OPC. In effect, about 55% (5,063 out of 7,532) and 69% (5,201 out of 7,532) 
of them, respectively, rated them as either extremely or very important.   

In the targeted survey, a large majority of representatives from national authorities identified 
the  fact  that  residents  and  non-residents  of  the  Member  State  where  the  offence  was 
committed do not face the same consequences regarding driving disqualification in the EU as 
a  generally  important  problem  (16/21).  In  the  targeted  survey,  respondents  from  non-
governmental  organisations  agreed  that  residents  and  non-residents  not  facing  the  same 
consequences  regarding  driving  disqualification  is  an  important  problem  in  relation  to  road 
safety  (64%).  Similarly,  they  agreed  that  residents  and  non-residents  not  facing  the  same 
consequences  regarding  penalty/demerit  points  is  an  important  problem  in  relation  to  road 
safety (64%).   

National  authorities  estimated  that,  on  average,  the  number  of  offences  resulting  in  driving 
disqualifications committed per year is in the range of 25,000 to above 50,000. The number of 
driving  disqualifications  for  resident  drivers  (e.g.  driving  licence  is  issued  in  the  same 
Member State that imposes the disqualification) was estimated in the range of 0 to 5,000. The 
number of driving disqualifications for non-resident drivers (e.g. driving licence is not issued 
in  the  Member  State  that  imposes  the  disqualification)  was  estimated  in  the  range  of  0  to 
5,000. More respondents estimated the number of offences resulting in penalty/demerit points 
committed  per  year  in  the  range  of  0  to  1,000.  Slightly  more  respondents  estimated  the 
number  of  offences  resulting  in  penalty/demerit  points  for  resident  drivers  (e.g.  driving 
licence  is  issued  in  the  same  Member  State  that  imposes  the  penalty/demerit  point)  in  the 
range  of  0  to  1,000.  The  number  of  offences  resulting  in  penalty/demerit  points  for  drivers 
resident in another EU Member State (e.g. driving licence is not issued in the Member State 
that imposes the disqualification) was estimated in the range of 0 to 5,000.  

In  light  of  the  preparatory  work,  it  is  confirmed  that  establishing  a  specific  and  efficient 
system for the provision of Union-wide effects of driving disqualifications is likely to have a 

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the European Transport Safety Council, the European Association of Motorcycle Manufacturers and the 
Dansk Kørelærer-Union   

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significant  effect  on  road  safety.  Furthermore,  this  proposal  forms  part  of  a  package  that 
concerns the revision of two other related directives:  

 

 

Directive  (EU) 2015/413 facilitating cross-border exchange of information on 
road-safety-related traffic offences23  and  

Directive 2006/126/EC on driving licences24. 

Directive (EU) 2015/413 is one of the cornerstones of the enforcement of certain well-defined 
road  traffic  offences,  where  such  offences  were  committed  with  a  vehicle  registered  in 
another  Member  State  than  where  the  offence  was  committed,  which  in  most  cases  also 
indicates commission by a non-resident offender. It was therefore important to align the scope 
of this proposal to the offences of that initiative as much as possible. Otherwise, enforcement 
authorities might not have sufficient tools to actually conduct the investigation that would end 
in a driving disqualification. Moreover, non-resident offenders might not enjoy the same level 
of  procedural  safeguards  as  their  resident  counterparts,  which  the  revision  of  that  directive 
aims to better guarantee. During the preparatory works for this proposal, it became clear that, 
while  the  applicable  thresholds  that  lead  to  driving  disqualifications  differ  significantly 
between  Member  States,  certain  road  safety  related  traffic  offences  trigger  driving 
disqualifications in all or most Member States.  

• 

Consistency with existing policy provisions in the policy area. 

Providing  for  a  system  of  Union-wide  effect  of  the  driving  disqualification  of  non-resident 
offenders  has  continuously  been  a  focal  point  of  the  initiative  to  revise  Directive 
2006/126/EC25.  

Article  11(4)  of  that  Directive  governs  certain  elements  of  driving  disqualifications.  The 
revision of Directive 2006/126/EC, carried out in parallel to this initiative for reasons of legal 
consistency  and  coherence,  will  cover  the  issuance  of  driving  licences  to  drivers  who  have 
been  disqualified  and  the  exemptions  of  the  mutual  recognition  of  (the  validity  of)  driving 
licences when the holder is subject to a disqualification in a Member State other than the one 
that  issued  the  driving  licence.  Moreover,  it  will  contain  provisions  facilitating  the 
enforcement of partial driving disqualifications through the possibility of endorsements.  

Proposing  a  specific  legal  act  to  provide  a  Union-wide  effect  of  driving  disqualification 
through  the  means  of  mutual  recognition  of  decisions  has  also  been  a  recurring  aim  of  the 
Commission.  In  2006,  the  Commission  indicated  in  a  Communication  on  disqualifications 
arising from criminal convictions26 that it was considering to propose a legal act to replace the 
1998 Convention concerning driving disqualifications27. As regards the mutual recognition of 
disqualifications  in  general,  the  Commission  declared  as  part  of  that  Communication  that  it 
favoured  a  sectoral  approach,  in  sectors  where  a  common  basis  exists  between  the  Member 
States (such as driving disqualifications). 

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Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating 
cross-border exchange of information on road-safety-related traffic offences, OJ L 68, 13.3.2015, p. 9. 
Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving 
licences (Recast),  OJ L 403, 30.12.2006, p. 18. 
Cf.  the  inception  impact  assessment  of  the  initiative  to  revise  the  driving  licence  directive: 
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12978-Revision-of-the-
Directive-on-Driving-Licences_en 
COM(2006) 73 final. 
OJ C 2016, 10.7.1998, p. 1. 

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• 

Consistency with other Union policies 

The proposal is also fully consistent with the main acquis on road safety.  

It has no significant bearing on Directive (EU) 2022/2561 of the European Parliament and of 
the  Council28  and  on  Regulation  (EU)  2019/2144  of  the  European  Parliament  and  of  the 
Council 29. It is also consistent with the EU Road Safety Policy Framework 2021-2030 - Next 
steps towards "Vision Zero"30 . 

As mentioned above, Directive (EU) 2015/413 is being revised in parallel to this proposal, for 
reasons of legal consistency and coherence. In that regard it should be reiterated that Directive 
(EU) 2015/413 is expected to become the cornerstone of the investigation, and thus indirectly 
also contribute to the enforcement in particular in cases where the offender has been detected 
remotely. As the revised Directive (EU) 2015/413 aims to expand the information exchange 
and  mutual  assistance  between  the  Member  States,  an  assumption  can  be  made  that  the 
number  of  successfully  investigated  offences,  and  as  a  result  also  the  imposed  driving 
disqualifications, will substantially increase. 

Similarly, the revision of Directive (EU) 2015/413 aims to grant a higher level of procedural 
and fundamental rights protection to the pursued or caught non-resident offenders, regardless 
of whether the offence is remotely detected or the offender is apprehended before leaving the 
Member State in which the offence was committed. 

The revision of Directive 2006/126/EC and the Union’s driving licence framework will also 
complement the rules laid down by the proposed Directive as mentioned above. Moreover, the 
revised driving licence Directive  will help in the practical enforcement of partial restrictions 
placed on the driver and reinforce the possibility for the Member State of the offence not to 
recognize the validity of the driving licence of the offender in the cases where the proposed 
Directive is not applicable.   

In addition, rules on the protection of personal data also apply to the exchange of information 
related to driving licences, in particular:  

 

 

Regulation  (EU)  2016/679  of  the  European  Parliament  and  the  Council 
(General Data Protection Regulation)31; and 

Directive (EU) 2016/680 of the European Parliament and of the Council32. 

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Directive (EU) 2022/2561 of the European Parliament and of the Council of 14 December 2022 on the 
initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or 
passengers (codification), OJ L 330, 23.12.2022, p. 46. 
Regulation (EU) 2019/2144 of the European Parliament and of the  Council of 27 November 2019 on 
type-approval requirements for motor vehicles and their trailers, and systems, components and separate 
technical units intended for such vehicles, as regards their general safety and the protection of vehicle 
occupants and vulnerable road users, OJ L 325, 16.12.2019, p. 1. 
SWD (2019) 283 final. 
Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, 
p. 1). 
Directive  (EU)  2016/680  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data by competent authorities for 

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The  proposal  is  also  consistent  with  other  instruments  allowing  the  mutual  recognition  of 
judgements  or  judicial  decisions  in  criminal  matters.  It  fills  a  gap  with  regard  to  driving 
disqualifications  deriving  from  judicial  decisions  in  criminal  matters.  In  order  to  avoid 
possible overlaps between the proposed Directive and the Justice and Home Affairs acquis of 
the Union, it is clarified that the proposal is without prejudice to those instruments. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The primary objective of the proposal is to improve road safety and to ensure a high level of 
protection for all road users in  the Union, which was  also  highlighted in  the call of the EU 
Transport Ministers in the Valletta Declaration. 

According to the case law of the Court of Justice of the European Union (CJEU), the Union 
legislator enjoys wide legislative powers as regards the adoption of appropriate common rules 
to  establish  a  common  transport  policy33.  Improving  road  safety  is  a  prime  objective  of  the 
Union’s transport policy. Measures pursuing that objective  may therefore be adopted on the 
basis of Article 91(1)(c) Treaty on the Functioning of the European Union (TFEU)34. 

Therefore,  the  appropriate  legal  basis  for  the  proposed  Directive  is  Article  91(1)(c)  of  the 
TFEU.  

• 

Choice of the instrument 

Article  91(1)(c)  TFEU  gives  the  EU  legislator  the  possibility  to  adopt  both  regulations  and 
directives. 

For this proposal, a directive is the most appropriate form of instrument to be used, as to cater 
to  the  differences  in  the  applicable  rules  on  the  imposition  and  enforcement  of  driving 
disqualifications within Member States.  

• 

Subsidiarity (for non-exclusive competence)  

Under Article 5(3) TEU, the Union shall only act if the proposed action cannot be sufficiently 
achieved by the Member States. Under the current legislative framework, resident drivers who 
commit  even  the  most  reprehensible  road  traffic  offences  retain  their  right  to  drive  in  all 
Member States other than the Member State where the offence was  committed, even if that 
Member  State  restricts  such  rights.  The  only  situation  where  a  driving  disqualification  has 
Union-wide effect is where the Member State that applies the driving disqualification was the 
one that issued the driving licence to the offender. 

For  reasons  of  road  safety,  it  is  of  utmost  importance  that  a  Union-wide  effect  be  given  to 
driving  disqualifications  within  the  European  Union.  This  can  only  be  achieved  through  an 
EU  legal  instrument.  The  decision  to  issue  a  driving  licence  or  to  deprive  a  person  of  their 

33 

34 

the  purposes  of  the  prevention,  investigation,  detection  or  prosecution  of  criminal  offences  or  the 
execution of criminal penalties, and on the free movement of such data, OJ L 119, 4.5.2016, p. 89. 
Case  C-223/02,  Spain  and  Finland  v  Parliament  and  Council,  ECLI:EU:C:2004:497,  paragraph  29  and  the  case 
law cited there. 
Case C-43/12, Commission v Parliament and Council, ECLI:EU:C:2014:298, paragraph 43 and the case law cited 
there. 

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right by disposing the validity of that licence forms part of a Member State’s sovereignty. As 
such,  the  Union-wide  effects  of  a  driving  disqualification  will  always  be  dependent  on  the 
actions of the Member State that issued the driving licence, who does not have the necessary 
information, legal instruments or incentive to act without Union intervention.  

• 

Proportionality 

The measures of this initiative do not go beyond what is necessary to achieve the objective of 
improving  road  safety  through  giving  a  Union-wide  effect  to  driving  disqualifications 
resulting from the commission of certain road safety related offences. The Directive provides 
for  the    transmission  of  the  driving  disqualification  to  the  Member  State  that  issued  the 
driving  licence  only  as  regards  those  major  road-safety-related  traffic  offences,  which 
constitute the main causes of road traffic accidents  and fatalities within the EU, namely the 
offences  of  drink-driving  (driving  with  a  blood  alcohol  level  that  surpasses  the  maximum 
value allowed by the law) and speeding (exceeding the speed limits in force for the road or 
type of vehicle concerned), as well as the offence of driving under the influence of drugs. The 
driving  disqualification  can  also  be  transmitted  if  it  relates  to  a  traffic  offence  which  has 
caused death or serious bodily injury. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

intra-EU  disqualifications  of 

Ex-post evaluations/fitness checks of existing legislation 

• 
In 2012, a legal study35 was carried out by the Commission as its principal, on the state-of-
play  of 
including  driving 
disqualifications. The study analysed not only the relevant EU legal framework, but also the 
existing multinational and bilateral treaties and conventions. The study, inter alia, concluded 
that a new Directive  should be adopted, to regulate the cross-border enforcement of driving 
disqualifications. 

three  predefined  areas, 

In  2022,  the  Commission  has  contracted  a  consortium  composed  of  the  companies  Ecorys, 
Wavestone and Grimaldi to support36 the Impact Assessment in the revision of Directive (EU) 
2015/413.  As  part  of  that  study,  an  extensive  research  was  carried  out  on  the  regulatory 
framework  and  CJEU  jurisprudence  concerning  driving  disqualifications.  The  conclusion  of 
that research also supported the creation of a new legal act to provide a Union-wide effect of 
driving disqualifications through the means of mutual recognition of such decisions. 

As mentioned above, the situation in which a Member State suspends, pursuant to its national 
legislation and on account of unlawful conduct in its territory, the right to drive of the holder 
of  a  driving  licence  issued  by  another  Member  State  is  at  present  partially  governed  by 
Directive 2006/126/EC. 

35 

36 

Vermeulen, Gert & Bondt, Wendy & Ryckman, Charlotte & Persak, Nina. (2012). The disqualifications 
triad: approximating legislation, executing requests, ensuring equivalence. 
Impact assessment support study for the  revision of Directive  (EU) 2015/413 facilitating cross-border 
exchange  of  information  on  road-safety-related  traffic  offences,  ECORYS  consortium  (2022), 
MOVE/C2/SER/2019-425/SI2.819667 – link to be added. 

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The European Commission has published in 2022 an ex-post evaluation37 of that Directive. It 
demonstrated that the combined action of Directive 2006/126/EC and its two predecessors on 
driving  licences  resulted  in  a  common  safety  level  for  road  users  within  the  Union  and  has 
facilitated free movement. It also showed that there is scope for further enhancing the level of 
road  safety  within  the  Union  as  well  as  the  efficiency  and  proportionality  of  some  of  the 
regulatory requirements. 

Stakeholder consultations 

• 
In  line  with  the  Better  Regulation  Guidelines38  during  the  ex-post  evaluation  of  Directive 
2006/126/EC  and  the  impact  assessment  on  the  revision  of  that  directive,  stakeholder 
consultations were carried out also with regard to this proposal. 

During  the  preparatory  phase  of  the  ex-post  evaluation,  a  stakeholder  workshop  was 
conducted on 16 October 2020, for the purpose of gathering evidence, confirming identified 
findings, seeking feedback on emerging findings and collecting views.  

An open public consultation was then held  between 28 October 2020 and 20 January 2021, 
allowing the interested public and stakeholders to express their views on the rules in force. 

During the preparatory phase of the impact assessment, interested parties had the possibility 
to  provide  feedback  on  the  Inception  Impact  Assessment  (Q2  2021).  Subsequently,  the 
following targeted consultation activities were carried out: 

– 

Two rounds of interviews: 

 

 

Exploratory interviews during the inception phase (Q1 and Q2 2022) 

In-depth  interviews to  plug information  gaps  and assess the expected impacts 
of policy measures (Q2 and Q3 2021). 

– 

Two rounds of surveys: 

 

 

A survey to substantiate the problem analysis (Q2 2022).  

A survey to assess the impact of policy measures (Q2 and Q3 2022). 

Finally, a new open public consultation took place in Q3 2022. 

The European Parliament is in favour of a strengthening of the road safety framework notably 
by introducing an instrument for the mutual recognition of driving disqualifications39. 

• 

Collection and use of expertise 

During the impact assessment phase, an expert workshop on the consequences of road traffic 
offences and medical fitness (Q2 2022) took place. 

During  the  preparatory  phases  of  both  the  ex-post  evaluation  phase  and  the  impact 
assessment,  the  committee  on  driving  licences  established  under  Article  9  of  Directive 

37 

38 

39 

Commission  Staff  Working  Document  –  Evaluation  of  the  Directive  2006/126/EC  of  the  European 
Parliament and of the Council of 20 December 2006 on driving licences, SWD/2022/0017 final. 
https://commission.europa.eu/law/law-making-process/planning-and-proposing-law/better-
regulation_en 
European  Parliament  resolution  of  6  October  2021  on  the  EU  Road  Safety  Policy  Framework  2021-
2030 – Recommendations on next steps towards ‘Vision Zero’ (2021/2014(INI)) 

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2006/126/EC, composed essentially by Member States experts, was constantly informed and 
consulted. 

Impact assessment 

• 
An  impact  assessment  has  been  carried  out40  on  the  revision  of  Directive  2006/126/EC, 
including  elements  on  driving  disqualifications.  The  impact  assessment  was  approved  by 
written  procedure  and  received  a  positive  opinion  without  comments  by  the  Regulatory 
Scrutiny Board on 18 November 202241. Furthermore, the preparatory work on the revision of 
Directive  (EU)  2015/413  has  also  substantially  dealt  with  the  matter  of  providing  a  Union-
wide effect of driving disqualification through the means of mutual recognition of decisions. 
The outcome of the research work confirmed that driving disqualification should be included 
in the revision of Directive 2006/126/EC, especially as it would not fall within the scope of 
Directive (EU) 2015/413. Nevertheless, while developing the policy options, the Commission 
has made use of the information gathered during the evaluation and assessment phase for both 
Directives42.  

The  final  report  of  the  support  study  for  the  impact  assessment  for  the  initiative  to  revise 
Directive 2006/126/EC which also covers this proposal, includes a comprehensive description 
and assessment of the initiative’s added value and its links with other policy initiatives. These 
can  be  found  in  Sections  3.3  and  1.3  and  1.5  of  that  report.  A  detailed  description  of  the 
policy  options  is  included  in  Section  5.2  and  8.1,  while  a  comprehensive  analysis  of  the 
impacts of all options is presented in Section 6. The summary of examined policy options can 
be consulted in the Explanatory Memorandum accompanying the proposal on the revision of 
Directive 2006/126/EC43. An EU framework for uniform cross-border enforcement of driving 
disqualifications  was  proposed  in  the  Convention  on  driving  disqualifications  of  1998 
(Council Act of 17 June 1998)44, which did not enter into force due to lack of ratifications by 
Member  States  (only  seven  Member  States  ratified  it45).  For  this  reason,  it  was  repealed  in 
2016.46 

A step towards providing a Union-wide effect of driving disqualifications seems to have been 
taken  with  the  adoption  of  Directive  2006/126/EC,  where  the  relevant  provisions  of  the 
previous  Directive  on  driving  licences  (Article  8  of  Directive  91/439/EEC)47  were  partially 
amended,  in  order  to  mitigate  the  phenomenon  of  “driving  licence  tourism”.  However,  the 
wording  of  the  new  provision,  Article  11(4)  of  Directive  2006/126/EC,  did  not  provide  the 

40 
41 
42 

43 
44 
45 
46 

47 

SWD(2023) 128 final. 
RSB/RM/cdd – rsb(2022)7907617 
The  assessment on establishing an EU-wide regime  of  mutual recognition of driving disqualifications 
presented in this Chapter is largely based on the information gathered in the framework of the  Impact 
Assessment  support  study  for  the  revision  of  Directive  (EU)  2015/413  facilitating  cross-border 
exchange of information on road-safety-related traffic offences – Final Report [to be published]. 
COM(2023) 127 final  
Council Act of 17 June 1998 drawing up the Convention on Driving Disqualifications (98/C 216/01). 
BG, CY, IE, RO, SK, ES, and UK. 
Regulation (EU) 2016/95 of the European Parliament and of the Council of 20 January 2016 repealing 
certain  acts  in  the  field  of  police  cooperation  and  judicial  cooperation  in  criminal  matters,  OJ  L  26, 
2.2.2016, p. 9. 
Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ L 237, 24.8.1991, p. 1) 

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necessary  clarity.  The  provision  in  question,  has  been  interpreted  by  the  CJEU48  on  several 
occasions, due to doubts stemming from its wording and to the different situations applying 
for the disqualifications imposed on residents and non-residents. Furthermore, as also stressed 
by  the  CJEU49,  such  an  obligation  is  not  effective  and  enforceable  until  a  system  for  the 
exchange  of  information  on  disqualifications  between  Member  States  is  implemented, 
enabling all Member States to actually verify if a disqualification imposed abroad is pending 
or has been imposed on a driving licence applicant. 

As  a  result  of  the  problems  described  above,  under  the  current  framework  non-resident 
offenders  are  only  disqualified  from  driving  in  the  country  where  they  have  committed  an 
offence but can still drive in all other EU Member States, except when the disqualification is 
imposed by their Member State of issuance. This is a major issue, if one considers the serious 
risk  on  road  safety  of  drivers  circulating  within  the  EU  who  have  their  driving  licence 
suspended,  restricted  or  withdrawn  in  one  of  the  Member  States  for  serious  and  reiterate 
breaches to road traffic rules. 

All the more, outside an express ban to this effect (or when other Member States are not duly 
informed of a pending ban) the non-resident driver will be able to apply for a new licence in 
his country of residence, to recover the right to drive everywhere, as the new permit is to be 
recognised, in principle, even in the country of offence. The same might be done by a driver 
disqualified in his own country, by changing his residence before applying for a new permit. 

The legal basis for an EU-wide exchange of information on driving disqualifications is indeed 
already  enshrined  in  Directive  2006/126/EC50  which  expressly  requires  that  Member  States 
assist  one  another  in  the  implementation  of  its  measures  and  exchange  information  on  the 
licences they have issued, exchanged, replaced, renewed or revoked, by using the EU driving 
licence  network  set  up  for  these  purposes  (i.e.  RESPER).  In  addition,  Directive  (EU) 
2015/413 could also facilitate enforcement by requiring the Member State in the territory of 
which  the  offence  was  committed  to  inform  the  offender  about  any  disqualification  that 
accompany the offence allegedly committed. 

Assessment of measures and policy options  

The  measures  under  the  different  policy  options  have  been  subject  to  a  quantitative  and 
qualitative assessment of economic, social (road safety) and fundamental rights impacts. The 
2025-2050 time horizon has been selected for assessing the impacts, in line with the baseline 
projections.  Regarding  fundamental  rights,  the  effects  will  remain  controlled  by  a  strict 
implementation of rules on data protection, notably in RESPER.  

The economic and social impact of the preferred option in relation to providing a Union-wide 
effect of driving disqualifications is expected to be overall positive and the initiative should 
raise road safety across Member States. Increasing the likelihood of an efficient execution of a 

48 

49 
50 

See,  in  particular,  Judgement  of  20  November  2008,  Weber,  Case  C-1/07,  ECLI:EU:C:2008:640; 
Judgement of 2 December 2010, Scheffler, Case 334-09, ECLI:EU:C:2010:731,; Judgement of 26 April 
2012,  Hofmann,  C-419/10,  ECLI:EU:C:2012:240,  para.  71;  Judgement  of  23  April  2015,  Aykul,  C-
260/13,  CECLI:EU:C:2015:257; 
2015,  Wittmann,  C-339/14; 
ECLI:EU:C:2015:333. 
Case C‑419/10, Hofmann, ECLI:EU:C:2012:240, paragraph 82. 
Article 15, Article 7(5) and, according to case-law, also Article 11(4) of that Directive. 

Judgement 

21  May 

of 

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driving disqualification issued in a cross-border context also increases the deterrent effect on 
committing a road safety crime regardless of Member States borders. The social impact would 
be overall very positive as victims can be ensured that measures linked to road traffic offences 
committed by a foreigner will not be left unexecuted.  

The goals of the initiative will lead to a limited increase in the operational costs of RESPER. 
However,  this  should  be  more  than  offset  by  the  benefits  from  saving  human  lives  due  to 
increased road safety. 

Businesses,  SMEs  and  micro-enterprises  are  not  expected  to  be  directly  affected  by  this 
legislative proposal.  

• 

Fundamental rights 

Providing  an  EU-wide  effect  of  driving  disqualification  measures  may  interfere  with 
fundamental rights protected by the EU Charter of Fundamental Rights51 (the Charter) and the 
European Convention on Human Rights52 (ECHR). 

The  decision  of  the  Member  State  of  issuance  to  provide  a  Union-wide  effect  of  driving 
disqualifications  will  further  limit  the  possibility  of  the  offender  to  drive  a  power-driven 
vehicle in the Union. Depending on his or her personal situation, this may affect the exercise 
of  his  professional  activity,  his  family  life,  and  the  possibilities  to  make  use  of  his  or  her 
motor  vehicles.  The  proposal  may  therefore  affect  several  fundamental  rights;  the  right  to 
engage  in  work  or  the  freedom  to  conduct  a  business,  the  right  to  family  life,  the  right  to 
property.  Moreover,  the  envisioned  procedures  might  also  impact  a  person’s  right  to  a  fair 
trial,  his  or  her  right  of  defence  and  his  or  her  right  to  the  protection  of  personal  data 
concerning him or her.  

Limitations  of  an  offender’s  fundamental  rights  may  be  made  if  they  are  necessary  and 
genuinely meet objectives of general interest recognised by the Union. This is the case here 
where the objective of general interest recognised by the Union, is the improvement of road 
safety. The limitations do not go beyond what is necessary to achieve this objective: A driver 
who has committed such road traffic offenses in a Member State other than where his driving 
licence was issued, while benefitting from free movement, should face the same consequences 
when his driving licence is disqualified, as a driver from that Member State where the offense 
was committed. They should lose their driving licence or right to drive in the whole Union. 
Otherwise,  road  safety  could  only  be  protected  in  the  Member  State  of  the  offense,  which 
would constitute a partial and inefficient outcome. 

Moreover,  some  important  safeguards  are  included  in  the  proposed  Directive.  The  proposal 
provides  for  grounds  for  exemptions,  where  there  are  substantial  grounds  to  believe,  on  the 
basis  of  specific  and  objective  evidence,  that  the  execution  of  the  driving  disqualification 
would, in the particular circumstances of the case, entail a breach of a fundamental right set 
out in the Charter. Another ground for exemption applies where the procedural safeguards of 
in  absentia  procedures  are  not  respected.  It  is  similar  to  those  that  apply  for  other  mutual 
recognition  instruments  since  the  entry  into  force  of  Framework  Decision  2009/299/JHA 

51 
52 

OJ C 326, 26.10.2012, p. 391 
Council  of  Europe,  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms, as amended by Protocols Nos. 11, 14 and 15, 4 November 1950, ETS 5 

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enhancing  the  procedural  rights  of  persons  and  fostering  the  application  of  the  principle  of 
mutual recognition to decisions rendered in the absence of the person concerned at the trial53.  

In addition, Member States shall ensure that legal remedies equivalent to those available in a 
similar domestic case are available in the Member State where the offence was committed and 
the  offender  may  also  appeal  against  the  decision  that  ensures  the  Union-wide  effect  of  the 
driving  disqualification,  abolishing  such  effect  and  restricting  the  disqualification  to  that  of 
the  Member  State  of  the  offence  when  successful.  Moreover,  information  will  need  to  be 
provided  by  the  authorities  about  the  possibilities  under  national  law  for  seeking  such  legal 
remedies when these become applicable and in due time to ensure that they can be exercised 
effectively.  

If  applied  with  proportionality  and  complemented  with  effective  procedural  safeguards  as 
described  above,  the  measures  in  this  proposal  are  compatible  with  fundamental  rights 
requirements. 

4. 

BUDGETARY IMPLICATIONS 

For transmission and communication between authorities, already existing technical solutions 
(such as RESPER - the network for the exchange of information related to driving licences) 
are foreseen.  

Some  technical  modifications  would  be  needed  to  ensure  that  RESPER  is  able  to  exchange 
additional  elements  related  to  driving  disqualifications.  It  should  be  noted  however,  that 
overall,  these  costs  are  likely  not  to  be  substantial.  Member  States  are  envisioned  to  cover 
their own costs that arise from the application of the proposed Directive. The associated costs 
are  related  to  the  additional  time  spent  on  investigations  and  the  costs  associated  to  the 
notification of the foreign offender. 

Finally,  it  is  worth  noting  that  although  driving  disqualifications  are  often  coupled  with 
pecuniary penalties, this proposal purposefully disinclines from its scope such penalties and as 
such will not contribute in their enforcement. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  proposal  imposes  a  reporting  obligation  on  the  Commission  towards  the  European 
Parliament  and  the  Council,  concerning  the  implementation  of  the  proposed  directive, 
including, in particular, its impact on road safety. The report of the Commission is  due five 
years after the transposition of the proposed directive by the Member States.  

• 

Detailed explanation of the specific provisions of the proposal 

Article 1: Objective and subject-matter 

53 

Council  Framework  Decision  2009/299/JHA  of  26  February  2009  amending  Framework  Decisions 
2002/584/JHA,  2005/214/JHA,  2006/783/JHA,  2008/909/JHA  and  2008/947/JHA,  thereby  enhancing 
the procedural rights of persons and fostering the application of the principle of mutual recognition to 
decisions rendered in the absence of the person concerned at the trial (OJ L 81, 27.3.2009, p. 24.) 

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The proposal aims to ensure a high level of protection for road users in the Union, by laying 
down rules providing for Union-wide effect of driving disqualifications for major road-safety 
related  offences  committed  in  a  Member  State  other  than  the  one  that  issued  the  driving 
licence of the offender. 

Article 2: Definitions 

Article 2 provides definitions of certain key concepts used in the proposal. 

These includes definitions of concepts such as ‘driving disqualification’, ‘Member State of the 
offence’  (where  the  offence  takes  place),  ‘Member  State  of  issuance’  (which  issued  the 
driving licence) and ‘person concerned’.  

The definition of ‘driving disqualification’ encompasses any final decision imposing a driving 
disqualification related to the commission of a road traffic offence that results in any measure 
of the withdrawal, restriction or suspension of the driving license or right to drive, regardless 
of  whether  it  qualifies  as  a  safety  measure  or  a  penalty  or  as  an  administrative  or  criminal 
sanction.  The  concepts  of  withdrawal,  restriction  and  suspension  are  also  defined.  The 
directive is  applicable to a limited number of well-defined ‘major road-safety-related traffic 
offences’,  namely  drink-driving,  speeding,  driving  under  the  influence  of  drugs,  and 
infringing road traffic regulations and causing death or serious bodily injury as a result. It also 
defines  ‘additional  conditions’  as  conditions  that  the  person  concerned  by  a  driving 
disqualification must fulfil in order to recover his or her driving licence or right to drive. 

For  some  concepts,  such  as  ‘major  road  safety  related  traffic  offences’,  ‘power-driven 
vehicle’,  ‘driving  licence’  and  ‘normal  residence’,  cross-references  to  definitions  in  other 
Union instruments are made.  

Article 3: Union-wide effect of driving disqualifications 

It establishes the principle that a driving disqualification issued by a Member State to a person 
who is not a normal resident in that Member State and who holds a driving license issued by 
another Member State should have Union-wide effect.  

Article 4: Duty to notify a driving disqualification 

The Member State of the offence is  required to  notify the Member State  of issuance of any 
driving disqualification of a duration of at least one month. The notification should be done 
by means of a standard certificate, transmitted between the national contact points of the two 
Member States concerned.  

Article 5: Standard certificate and means of transmission 

This  provision  empowers  the  Commission  to  adopt  an  implementing  act  to  establish  the 
format and content of the standard certificate before the date of transposition of the Directive. 
The most important elements that the certificate should contain are listed in this provision. 

This article also lays down rules on the languages in which the certificate may be transmitted 
and specifies that the certificate should be transmitted via RESPER. 

Article 6: Ensuring the Union-wide effect of driving disqualifications 

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The Member State of issuance should take the appropriate measures to ensure that the driving 
disqualification has Union-wide effect, unless a ground for exemption laid down in Article 8 
applies.  

In cases where the driving disqualification consists in a withdrawal of the driving licence or 
right to drive, the Member State of issuance should withdraw the driving licence. The person 
concerned  should  regain  the  driving  licence  or  right  to  drive  in  accordance  with  the  rules 
applicable in that Member State in similar circumstances. That Member State shall also take 
into  account,  as  far  as  possible,  any  part  of  the  conditions  that  the  person  concerned  has 
already fulfilled in the Member State of offence in order to recover the driving licence or the 
right to drive. 

In  cases  where  the  driving  disqualification  consists  in  a  suspension  or  a  restriction  of  the 
driving licence or right to drive, the measure taken by the Member State of issuance should be 
limited to ensuring that the Union-wide disqualification has the same duration as that imposed 
by  the  Member  of  offence,  irrespective  of  whether  conditions  are  imposed  by  that  Member 
State for the person concerned to recover the driving licence or right to drive. 

Article 7: Effects of driving disqualifications in the Member State of the offence 

This  article  clarifies  that  the  Directive  and  in  particular  the  application  of  any  grounds  of 
exemption  laid  down  in  Article  8  by  the  Member  State  of  issuance  does  not  prevent  the 
execution of the driving disqualification imposed by the Member State of the offence within 
its territory. 

Moreover, it clarifies  that  when a driving disqualification imposed by that  Member State of 
the offence includes conditions that the person concerned must comply in order to recover the 
driving licence or right to drive, that Member State can continue to apply the disqualification 
on its territory until the conditions are complied with. 

Article 8: Grounds for exemption 

Article 8 lays down an exhaustive list of grounds of exemptions, on which basis the Member 
State  of  issuance  must  refuse  to  give  Union-wide  effect  to  the  disqualification  and  a  list  of 
additional grounds of exemptions on the basis of which it can refuse to give such Union-wide 
effect. 

The list includes such grounds of exemption as incompleteness of the certificate; age limit of 
the person concerned; immunity or privilege; or the fact that the remaining period of driving 
disqualification is of less than one month.  

Before invoking any grounds of exemption, the Member State of issuance should consult with 
the Member State of offence. 

Article 9: Time-limits  

This  Article  establishes  that  the  Member  State  of  issuance  must  take  the  measure  giving 
Union-wide effect to the driving disqualification not later than 15 days after the receipt of the 
certificate. 

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16 

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In specific cases where it is not possible for the Member State of issuance to meet the time 
limit set for the phase of recognition, it must inform and consult the Member State of offence 
but remains obliged to give Union-wide effect to the driving disqualification, without delay. 

Article 10: Consultations between the Member States 

This  article  provides  Member  States  should  consult  each  other,  via  appropriate  means  and 
without delay, to ensure the efficient application of this Directive. 

Article 11: Information to be given by the Member State of issuance 

This  Article  provides  for  obligatory  communication  of  information  by  the  Member  State  of 
issuance to the Member State of the offence on different aspects and steps in the procedure.  

Article 12: Information to be given by the Member State of the offence 

Under  this  Article,  the  Member  State  of  the  offence  must  inform  the  Member  State  of 
issuance  of  circumstances  that  may  affect  the  original  decision  imposing  the  driving 
disqualification and of the completion of driving disqualification in its territory.  

Article 13: Obligation to inform the person concerned 

The Member State of issuance must notify the person concerned a decision or measure taken 
in relation to the driving disqualification. Specific reference is made to the information to be 
shared on legal remedies available under the law of the Member of issuance. 

Article 14: Legal remedies   

This Article provides that Member States should ensure that adequate legal remedies against 
decisions  taken  pursuant  to  this  Directive  are  in  place.  It  clarifies  that  the  driving 
disqualification  that  has  been  notified  by  the  Member  State  of  the  offence  should  only  be 
challenged in an action brought in the Member State of the offence. 

Article 15: National contact points 

Member  States  must  establish  national  contact  points.  In  accordance  with  Article  4,  these 
national  contact  points  transmit  the  certificates.  They  should  also  cooperate  with  the 
authorities involved in the enforcement of the driving disqualifications. 

Article 16: Statistics 

Under  this  Article,  Member  States  must  regularly  collect  data  from  the  relevant  authorities 
and  maintain  comprehensive  statistics  regarding  driving  disqualifications.  The  statistics 
collected  are  to  be  sent  to  the  Commission  each  year.  Collecting  comprehensive  data 
regarding  driving  disqualifications  is  necessary  to  allow  a  thorough  assessment  of  the 
functioning of the mechanism laid down by this Directive. 

Article 17: Committee procedure 

This Article establishes the procedure for the adoption of the implementing act referred to in 
Article 5. 

Article 18: Relationship with other legal acts 

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17 

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This Article establishes that this Directive does not affect the rights and obligations stemming 
from Union legislation concerning judicial cooperation and the rights of suspects and accused 
persons. 

Article 19: Transposition 

Member States have to transpose the provisions of the Directive within a given timeframe and 
have to notify these national measures to the Commission.  

Article 20: Report on the application  

A  reporting  obligation  is  established  and  placed  on  the  Commission  as  regards  the 
implementation of the proposed directive. 

Article 21: Entry into force and application 

This is a standard provision stipulating that the Directive is to enter into force on the twentieth 
day following its publication in the Official Journal. 

Article 22: Addressees 

This is a standard provision stipulating that the Directive is addressed to the Member States. 

EN 

18 

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2023/0055 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the Union-wide effect of certain driving disqualifications 

(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(1), point (c), 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 Committee1, 
Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Improving road safety is a primary objective of the Union’s transport policy. In its EU 
Road  Safety  Policy  Framework  2021-20303,  the  Commission  recommitted  to  the 
ambitious goal to get close to zero deaths and zero serious injuries on Union roads by 
2050 (“Vision Zero”), as well as to the medium-term aim to reduce deaths and serious 
injuries by 50% by 2030. 

In order to achieve the goal of improving road safety, the Transport  Ministers of the 
Member  States,  in  the  2017  Valetta  Declaration  on  Road  Safety  of  29  March  2017, 
called  for  the  strengthening  of  the  Union’s  road  safety  legal  framework,  with  a 
particular focus on  the need for  Member States  to  cooperate in  the matter of driving 
disqualifications of non-resident drivers. 

As a result of the free movement of persons and increasing international road traffic, 
driving disqualifications are frequently imposed by Member States other than the one 
where the driver normally resides, and which issued the driving licence. 

So far, a Member State other than the one where the driver normally resides can take 
measures,  in  accordance  with  its  national  legislation,  and  as  a  result  of  unlawful 
conduct in its territory by the holder of a driving licence obtained in another Member 
State, which  result in  refusing  to  recognise  the validity of driving licences issued by 
other Member States and, therefore, in a restriction of the right to drive of the person 
concerned.  However,  the  scope  of  those  measures  is  limited  to  the  territory  of  the 
Member  State  where  the  unlawful  conduct  took  place  and  their  effect  limited  to  the 

1 
2 
3 

OJ C , , p. . 
OJ C , , p. . 
SWD(2019)283 final. 

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19 

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refusal  to  recognise  the  validity  of  that  licence  within  that  territory.  Accordingly,  in 
the  absence  of  any  action  by  the  Member  State  that  issued  the  driving  licence,  that 
driving licence continues to be recognised in all other Member States. Such a scenario 
however  prevents  achieving  a  higher  level  of  road  safety  in  the  Union.  Drivers 
disqualified  from  driving  in  a  Member  State  other  than  the  one  which  issued  the 
driving  licence  should  not  escape  the  effects  of  such  measure  when  present  in  a 
Member State other than that of the offence. 

In  order  to  ensure  a  high  level  of  protection  for  all  road  users  in  the  Union,  it  is 
necessary  to  lay  down  specific  rules  for  the  Union-wide  application  of  driving 
disqualifications imposed by a Member State other than the one that issued the driving 
licence of the offender, which result from major road-safety related traffic offences.  

However, the implementation of this Directive should not require the harmonisation of 
national rules concerning the definition of road traffic offences, their legal nature and 
the  applicable  sanctions  for  such  offences.  In  particular,  the  Union-wide  effect  of 
driving  disqualifications  should  be  pursued  regardless  of  the  qualification  of  the 
national measures in the Member State of offence as administrative or criminal.     

This  Directive  should  be  without  prejudice  to  the  rules  on  police  and  judicial 
cooperation  in  criminal  matters,  and  on  mutual  recognition  of  related  judicial 
decisions.  Also,  it  should  not  affect  the  possibility  of  the  judicial  authorities  of  the 
Member  States  to  execute  decisions  they  have  issued,  in  particular  decisions  of 
criminal nature.    

The  precise  aim  of  this  Directive  is  to  enable  the  Union  to  pursue  the  goal  of 
improving  road  safety  across  the  Union.  As  the  Court  of  Justice  has  held,  measures 
seeking to  improve road safety  form  part of transport policy  and may be adopted on 
the basis of Article 91(1), point (c), of the Treaty4, in so far as they are ‘measures to 
improve transport safety’ within the meaning of that provision5.  

Driving disqualifications resulting from major road-safety-related traffic offences can 
consist in the withdrawal, restriction or suspension of the driving licence or the right to 
drive  of  the  offender.  Where  the  offence  was  committed  in  the  Member  State  that 
issued the driving licence, it can also consist in their cancellation. Therefore it should 
be through the application of all these measures by the Member State which issued the 
driving  licence,  that  the  Union-wide  effects  of  driving  disqualifications  should  be 
achieved.  

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  As  drink-driving  (namely  driving  with  a  blood  alcohol  level  that  surpasses  the 
maximum  value  allowed  by  the  law),  speeding  (that  is  to  say  exceeding  the  speed 
limits  in  force  for  the  road  or  type  of  vehicle  concerned)  and  driving  under  the 
influence  of  drugs  constitute  the  leading  causes  of  road  traffic  crashes  and  fatalities 
within the Union, the highest possible diligence should be provided for cases relating 
to those offences, which should thus be considered as ‘major road-safety-related traffic 
offences’ for the purposes of this Directive. Furthermore, given their seriousness, road 
traffic offences which result in the death or serious bodily injury of the victim, should 
also be considered as major offences. 

4 
5 

OJ C 202, 7.6.2016. 
Judgment of the Court (Grand Chamber) of 6 May 2014  in Commission v Parliament and Council, C-
43/12, EU:C:2014:298, paragraph 43. 

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20 

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(11)  Driving disqualifications imposed by a Member State with respect to a person who is 
not  a  normal  resident  within  the  meaning  of  Article  17  of  [NEW  DIRECTIVE  ON 
DRIVING  LICENCES], and who holds a driving licence issued by  another Member 
State, should have effects across the entire territory of the Union, in similar terms as 
driving  disqualifications  imposed  with  respect  to  persons  who  hold  driving  licences 
issued by that Member State already have. Also in view of the principle of procedural 
autonomy, Member States should be free to decide how to best achieve that  result in 
accordance with their national law. Account should be taken, however, of the fact that 
where a Member State imposes a driving disqualification on a person having normal 
residence  in  that  Member  State,  but  holding  a  driving  licence  issued  by  another 
Member  State,  the  former  is  entitled  to  exchange  the  licence  for  the  purpose  of 
applying  that  driving  disqualification  in  accordance  with  Article  11(2)  of  [NEW 
DIRECTIVE ON DRIVING LICENCES]. 

(12)  The Member State which imposed the driving disqualification (“Member State of the 
offence”) should notify the Member State that issued the driving licence of the person 
concerned (“Member State of issuance”) of any driving disqualification imposed for a 
duration  of  one  month  or  more  on  such  person,  in  order  to  trigger  the  procedures 
necessary  to  ensure  the  Union-wide  effect  of  the  driving  disqualification.  Such 
notification should be transmitted by means of a standard certificate, in order to ensure 
a seamless, reliable and effective exchange of information between the Member States. 

(13)  The standard certificate should contain a minimum set of data allowing for the proper 
implementation  of  this  Directive,  namely  the  authority  of  the  Member  State  of  the 
offence  imposing  the  driving  disqualification,  the  major  road-safety-related  traffic 
offence  committed,  the  resulting  driving  disqualification,  the  person  concerned,  and 
the  procedures  followed  for  the  imposition  of  the  disqualification.  Such  certificate 
should also be translated into an official language of the Member State of issuance or 
to  any  other  language  that  the  Member  State  of  issuance  has  accepted,  in  order  to 
ensure quick processing by the addressee. Through providing only for this information 
the standard certificate can guarantee effectiveness without obliging Member States to 
share not proportionate or excessive amounts of information. 

(14)  The  imposition  of  driving  disqualifications  as  a  consequence  of  unlawful  conducts 
contributes to guaranteeing a high level of road safety within the Union. Based on the 
principle  of  mutual  recognition  of  driving  licences  issued  in  the  Member  States, 
measures  concerning  the  withdrawal,  cancellation,  suspension  or  restriction  of  a 
driving licence issued by the Member State of issuance are automatically recognized 
by  all  other  Member  States.  Accordingly,  the  Member  Sate  of  issuance  should  be 
required  to  ensure  that  driving  disqualifications  adopted  by  other  Member  States  are 
recognised by all Member States. Therefore, upon notification of the imposed driving 
disqualification, and unless a ground for exemption applies or is invoked, the Member 
State  of  issuance  should  take  the  appropriate  measures  to  extend  the  effect  of  the 
driving disqualification to the Union.  

(15)  The measure taken by the Member State of the issuance should vary depending on the 
specific nature of the driving disqualification. Given that a withdrawal, suspension or 
restriction  of  a  driving  licence  or  right  to  drive  necessarily  have  different 
consequences, they require different procedures to be given effect in compliance with 
the competences of the Member States involved. In particular, specifically as regards 
withdrawal, the person concerned should be able to recover the driving licence or the 
right  to  drive  in  accordance  with  the  rules  applicable  to  alike  circumstances  in  the 
Member State of issuance.  As regards suspension or restriction, it should be ensured 

EN 

21 

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that only the duration of such measures is given a Union-wide effect, even where the 
driving disqualification provides for additional conditions, because the primary goal of 
those  measures  is  to  temporarily  or  partially  prevent  the  person  concerned  from 
driving and not to determine how that person should recover her or his right to drive  
in the Member State of issuance. 

(16) 

In principle, the possibility for Member States to apply driving disqualifications within 
their territory should not be limited by this Directive. Accordingly, the Member State 
of the offence should be able to continue to apply, in accordance with its national rules 
and  with  effects  limited  to  its  territory,  driving  disqualifications  and  any  additional 
conditions set thereunder until the person concerned complies with them.  

(17)  However, it is also important to take into account that the evaluation of the compliance 
with  the  requirements  set  under  Union  law  for  obtaining  a  driving  licence  is  a 
competence of the Member State of issuance. The application of additional conditions 
in the Member State of issuance should also not result in duplicating the requirements 
that a concerned person must fulfil to prove that regaining a driving licence or the right 
to drive will not pose a danger to road safety in the Union. In light of that, where the 
Member State of issuance has adopted measures to ensure the Union-wide effect of the 
driving  disqualification  and,  following  that,  has  reassessed  whether  the  person 
concerned is suitable to recover a driving licence or the right to drive, that assessment 
should be recognised across the entire Union and therefore also in the Member State of 
offence.  

(18)  The application of measures by the Member State of issuance should serve the purpose 
of  ensuring  that  a  driving  disqualification  has  Union-wide  effect  and  should  not 
require  a  new  assessment  of  the  facts  that  lead  to  the  disqualification.  However,  in 
order  to  guarantee  that  the  Union-wide  effect  is  not  contrary  to  the  principle  of 
proportionality,  fundamental  rights  or  exceptions  provided  for  in  the  law  of  the 
Member State of issuance it is appropriate to lay down certain grounds that exempt the 
Member State of issuance from the obligation of adopting measures.  

(19) 

In  the  interest  of  road  safety  and  in  order  to  provide  legal  certainty  for  the  person 
concerned  and  for  the  Member  State  of  the  offence,  the  Member  State  of  issuance 
should ensure the Union-wide effect of the driving disqualification or apply a ground 
for exemption within the shortest possible time, and in any case no later than 15 days 
after  it  has  been  notified  of  the  disqualification.  This  should  be  without prejudice  to 
situations  where  exceptional  circumstances  prevent  compliance  with  that  time  limit. 
Even  in  such  exceptional  cases,  however,  the  Member  State  of  issuance  should  act 
without  undue  delay,  and  inform  the  Member  State  of  offence  about  the  period  and 
reason for delay. 

(20)  The  proper  implementation  of  this  Directive  presupposes  close,  swift  and  effective 
communication  between  the  competent  national  authorities  involved.  The  competent 
national  authorities  of  the  Member  States  should  therefore  consult  each  other 
whenever necessary, via appropriate means. Moreover, in specific well-defined cases, 
both the Member State of issuance and Member State of offence should provide each 
other with important information in relation to the application of this Directive without 
delay.  This  should  be  the  case  for  the  adoption  of  measures  granting  a  Union-wide 
effect  to  driving  disqualifications,  decisions  taken  on  grounds  of  exemption,  the 
completion  of  the  driving  disqualifications  and  for  any  circumstances  affecting  the 
originally imposed driving disqualifications. 

EN 

22 

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(21)  After  being  notified  of  a  driving  disqualification  and  granting  it  Union-wide  effects, 
the  Member  State  of  issuance  should  inform  the  person  concerned  without  delay,  in 
order to allow the exercise of fundamental rights such as the right to be heard and to 
challenge the decisions before the competent national courts and tribunals. 

(22)  Member  States  should  ensure  that  adequate  legal  remedies  against  measures  taken 
pursuant to this Directive are in place, equivalent to those available in similar domestic 
cases,  and  that  information  about  such  remedies  is  provided  when  those  remedies 
become  applicable,  and  in  due  time  to  ensure  that  they  can  be  exercised  effectively. 
However, it should be clarified that the driving disqualification notified in accordance 
with Article 4(1) can only be challenged in an action brought in the Member State of 
the offence. 

(23)  The protection of natural persons in relation to the processing of their personal data is 
a  fundamental  right.  In  accordance  with  Article  8(1)  of  the  Charter  of  Fundamental 
Rights of the European Union6 and Article 16(1) of the Treaty, everyone has the right 
to  the  protection  of  personal  data  concerning  them.  The  relevant  Union  legislation, 
namely Regulation (EU) 2016/679 of the European Parliament and of the Council7 and 
Directive  (EU)  2016/680  of  the  European  Parliament  and  of  the  Council8,  should 
apply to the processing of personal data in the context of this Directive in accordance 
with their respective scope of application. 

(24)  This  Directive  establishes  the  legal  basis  for  the  exchange  of  personal  data  for  the 
purpose of giving effect to driving disqualifications imposed by a Member State, other 
than the Member State of issuance. This legal basis is in line with Article 6(1)(c) and, 
where  applicable,  Article  10  of  Regulation  2016/679,  and  Article  8  of  Directive 
2016/680.  The  personal  data  to  be  exchanged  with  the  Member  State  of  issuance 
should be limited to what is necessary to comply with the obligations laid down in this 
Directive. 

(25) 

In order to  ensure the seamless,  reliable and effective exchange of information,  each 
Member  State  should  designate  a  national  contact  point  for  the  purposes  of  this 
Directive.  They  should  further  ensure  that  their  respective  national  contact  points 
cooperate  with  the  relevant  authorities  involved  in  the  enforcement  of  the  driving 
disqualifications  covered  by  this  Directive,  in  particular  to  ensure  that  all  necessary 
information is shared in due time. 

(26)  Member States should regularly collect comprehensive statistics on the application of 
this Directive, and send them to the Commission each  year. On the basis of this and 
other information, the Commission should evaluate the impact of the implementation 
of this Directive on road safety and submit a report on the results of that evaluation to 
the  European  Parliament  and  to  the  Council  every  five  years,  together,  where 
appropriate, with legislative proposals for its amendment. 

6 
7 

8 

OJ C 202, 7.6.2016, p. 391. 
Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, 
p. 1). 
Directive  (EU)  2016/680  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data by competent authorities for 
the  purposes  of  the  prevention,  investigation,  detection  or  prosecution  of  criminal  offences  or  the 
execution  of  criminal  penalties,  and  on  the  free  movement  of  such  data,  and  repealing  Council 
Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 

EN 

23 

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legislation, 

(27)  This  Directive  should  not  affect  the  rights  and  obligations  stemming  from  other 
in  particular  Council  Framework  Decision 
applicable  Union 
2008/947/JHA9  and  Council  Framework  Decision  2005/214/JHA10,  or  the  rights  of 
suspects  and  accused  persons  as  provided  for  in  Directive  2010/64/EU11,  Directive 
2012/13/EU12,  Directive  2013/48/EU13,  Directive  (EU)  2016/34314,  Directive  (EU) 
2016/80015  and  Directive  (EU)  2016/1919  of  the  European  Parliament  and  of  the 
Council16.  

(28)  Member  States  should  be  able  to  conclude  bilateral  or  multilateral  agreements  or 
arrangements  with  other  Member  States,  in  order  to  supplement  and  facilitate  the 
system  established  by  this  Directive.  They  should  only  do  so,  however,  in  so  far  as 
such agreements or arrangements allow the provisions of this Directive to be extended 
or enlarged and help simplify or facilitate further the procedures for  granting Union-
wide effect to driving disqualifications, and therefore insofar as they allow for a higher 
level of road safety. 

(29) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Directive, 
implementing powers should be conferred on the Commission to establish the format 
and  content  of  the  standard  certificate  for  notifying  a  driving  disqualification.  Those 
powers should be exercised in accordance with  Regulation (EU) No 182/2011 of the 
European Parliament and of the Council17. 

(30)  Since  the  objectives  of  this  Directive,  namely  to  ensure  the  Union-wide  effect  of 
decisions  imposing  driving  disqualifications  which  result  from  major  road-safety-
related traffic offences,  with  the  goal  to  improve the levels  of  road safety  across the 
Union, cannot be sufficiently achieved by the Member States but can rather, by reason 
of the scale and effects of this Directive, be better achieved at Union level, the Union 
may  adopt  measures,  in  accordance  with  the  principle  of  subsidiarity  as  set  out  in 
Article  5  of  the  Treaty  on  European  Union18.  In  accordance  with  the  principle  of 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

Council Framework Decision 2008/947/JHA  of 27 November 2008 on the application of the principle 
of mutual recognition to judgments and probation decisions with a view to the supervision of probation 
measures and alternative sanctions (OJ L 337, 16.12.2008, p. 102). 
Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of 
mutual recognition to financial penalties (OJ L 76, 22.3.2005, p. 16). 
Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to 
interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1). 
Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to 
information in criminal proceedings (OJ L 142, 1.6.2012, p. 1). 
Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of 
access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right 
to have a third party informed upon deprivation of liberty and to communicate with third persons and 
with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1). 
Directive  (EU)  2016/343  of  the  European  Parliament  and  of  the  Council  of  9  March  2016  on  the 
strengthening  of  certain  aspects  of  the  presumption  of  innocence  and  of  the  right  to  be present  at  the 
trial in criminal proceedings (OJ L 65, 11.3.2016, p. 1). 
Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural 
safeguards  for  children  who  are  suspects  or  accused  persons  in  criminal  proceedings  (OJ  L  132, 
21.5.2016, p. 1). 
Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal 
aid  for  suspects  and  accused  persons  in  criminal  proceedings  and  for  requested  persons  in  European 
arrest warrant proceedings (OJ L 297, 4.11.2016, p. 1). 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers, OJ L 55, 28.2.2011, p. 13 
OJ C 202, 7.6.2016, p. 13. 

EN 

24 

  EN 

 
                                                 
 
 
proportionality  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is 
necessary in order to achieve those objectives. 

(31)  The  European  Data  Protection  Supervisor  was  consulted  in  accordance  with  Article 
42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council19 
and delivered an opinion on [DD/MM/YYYY], 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Objective and subject-matter 

This Directive aims to ensure a high level of protection for all road users in the Union. For 
this purpose, it lays down rules providing for a Union-wide effect of driving disqualifications 
for major road-safety-related traffic offences committed in a Member State other than the one 
that issued the driving licence of the person concerned. 

Article 2 

Definitions 

For the purposes of this Directive, the following definitions apply: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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‘driving  disqualification’  means  any  decision  related  to  the  commission  of  a  major 
road-safety-related  traffic  offence,  which  results  in  the  withdrawal,  restriction  or 
suspension of the driving licence or the right to drive of a driver of a power-driven 
vehicle,  which  is  no  longer  subject  to  a  right  of  appeal,  irrespective  of  whether  it 
constitutes  a  primary,  secondary  or  supplementary  penalty  or  a  safety  measure  and 
irrespective of whether it is qualified as an administrative or criminal measure; 

‘withdrawal’ means  the  revocation of the driving licence or the  right  to  drive or of 
their recognition; 

 ‘suspension’ means the temporary limitation of the validity of the driving license or 
of the right to drive or of their recognition, for a fixed amount of time, or for both a 
combination of a fixed amount of time and the fulfilment of additional conditions; 

‘restriction’ means the partial limitation of the validity of the driving license or of the 
right to drive or of their recognition, either for a fixed period of time, or subject to 
the fulfillment of additional conditions, or pursuant to a combination of both;  

‘additional  conditions’  means  conditions  other  than  the  lapse  of  a  fixed  period  of 
time that a person concerned by a driving disqualification must comply with in order 
to recover his or her right to drive or driving licence; 

‘Member  State  of  the  offence’  means  the  Member  State  in  which  a  driving 
disqualification  was delivered; 

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the 
protection of natural persons with regard to the  processing of personal data by the Union institutions, 
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39 

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(7) 

(8) 

(9) 

‘Member State of issuance’ means the Member State that issued the driving licence 
of  the  person  concerned,  and  to  which  a  driving  disqualification  is  transmitted  in 
accordance with the provisions of this Directive; 

‘power-driven vehicle’  means a power-driven vehicle as defined in  Article 2, point 
(4) of [NEW DIRECTIVE ON DRIVING LICENCES]; 

‘driving licence’ means a driving licence as defined in Article 2, point (1) of [NEW 
DIRECTIVE ON DRIVING LICENCES]; 

(10) 

‘person concerned’ means the natural person against whom a driving disqualification 
is issued; 

(11) 

‘major road-safety-related traffic offence’ means: 

(a) 

drink-driving as defined in Article 3, point (g), of Directive (EU) 2015/413 of 
the European Parliament and of the Council20;  

(b) 

speeding as defined in Article 3, point (d), of Directive (EU) 2015/413; 

(c) 

(d) 

driving  under  the  influence  of  drugs  as  defined  in  Article  3,  point  (h),  of 
Directive (EU) 2015/413; 

a conduct which infringes road traffic regulations,  and which caused death or 
serious bodily injury; 

(12) 

‘normal residence’ means normal residence in accordance with Article 17 of [NEW 
DIRECTIVE ON DRIVING LICENCES]. 

Article 3 

Union-wide effect of driving disqualifications 

Member  States  shall  ensure  that  a  driving  disqualification  issued  by  a  Member  State  with 
respect  to  a  person  who  does  not  have  its  normal  residence  in  that  Member  State  and  who 
holds  a  driving  licence  issued  by  another  Member  State  shall  have  effect  across  the  entire 
territory of the Union in accordance with this Directive.  

Article 4 

 Duty to notify a driving disqualification 

1. 

2. 

3. 

20 

The Member State of the offence shall notify the Member State of issuance of any 
driving  disqualification  imposed  for  a  duration  of  one  month  or  more  on  a  person 
who does not have its normal residence in the Member State of the offence and who 
holds a driving licence issued by the Member State of issuance. 

The  notification  referred  to  in  paragraph  1  shall  be  made  by  means  of  a  standard 
certificate as provided for in Article 5 and in accordance with the procedure set out in 
paragraph 3.  

The national  contact  point  of the Member State  of the offence shall  complete, sign 
and transmit the certificate directly to the national contact point of the Member State 

Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating 
cross-border exchange of information on road-safety-related traffic offences Text with EEA relevance 
(OJ L 68, 13.3.2015, p. 9). 

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of issuance, which shall forward it to the authority competent for ensuring the Union-
wide  effect  of  the  driving  disqualification.  The  driving  licence  of  the  person 
concerned,  when  it  has  been  seized,  and  the  original  decision  imposing  the  driving 
disqualification  or  a  certified  copy  thereof  shall  also  be  forwarded  to  the  national 
contact  point  of  the  Member  State  of  issuance  by  the  national  contact  point  of  the 
Member State of the offence. There shall be no obligation for the Member State of 
the offence to translate the original decision or its certified copy. 

Article 5 

Standard certificate and means of transmission 

1. 

Before [the date of transposition set out in Article 19], the Commission shall, by way 
of  an  implementing  act,  establish  the  format  and  content  of  the  standard  certificate 
for  the  notification  of  a  driving  disqualification.  That  implementing  act  shall  be 
adopted in accordance with the examination procedure referred to in Article 17(2). 

2. 

The certificate shall contain the following information:  

(a) 

(b) 

(c) 

information about the authority that imposed the driving disqualification in  the 
Member State of the offence;  

the  description  of  the  major  road-safety-related  traffic  offence  and  the  facts 
leading to the imposition of the driving disqualification; 

the name and address of the person concerned, and the number of the driving 
licence, and if necessary, of the national identification documents of the person 
concerned, where available;  

(d) 

the applicable legal provisions of the Member State of the offence; 

(e) 

(f) 

the  procedures  followed  and  the  precise  scope  and  content  of  the  driving 
disqualification,  including,  if  applicable,  the  date  on  which  the  suspension  or 
the  restriction  ceases  to  have  effect,  and  any  additional  conditions  set  by  the 
Member States of the offence;  

the  period  (in  days)  of  the  driving  disqualification  imposed  by  the  Member 
State  of  the  offence,  which  has  already  been  served  in  that  Member  State, 
where applicable. 

The Member State of the offence shall provide the Member State of issuance with a 
translation of the certificate in an official language of the Member State of issuance 
or  in  any  other  language  that  the  Member  State  of  issuance  has  accepted  in 
accordance with paragraph 4.  

Any  Member  State  may,  at  any  time,  state  in  a  declaration  notified  to  the 
Commission  that  it  will  accept  translations  of  certificates  in  one  or  more  official 
languages of the Union other than the official language or languages of that Member 
State. Such declaration can be withdrawn at any time. The Commission shall make 
the declarations and any withdrawals thereof available to all Member States. 

The  national  contact  point  of  the  Member  State  of  the  offence  shall  transmit  the 
certificate to the national contact point of the Member State of issuance through the 

3. 

4. 

5. 

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EU driving licence network referred to in Article 19(1) of [NEW DIRECTIVE ON 
DRIVING LICENCES] (‘RESPER’).  

Article 6 

Ensuring the Union-wide effect of driving disqualifications  

1. 

2. 

Upon  the  notification  of  a  driving  disqualification  in  accordance  with  Article  4(1) 
and unless a ground for exemption laid down in Article 8 applies, the Member State 
of  issuance  shall  take  the  appropriate  measures  to  ensure  that  the  driving 
disqualification has Union-wide effect.  

Where  the  driving  disqualification  consists  in  a  withdrawal,  the  measures  taken  by 
the Member State of issuance shall comply with the following conditions: 

(a) 

(b) 

(c) 

the Member State of issuance shall withdraw the driving licence or the right to 
drive of the person concerned;   

the  person  concerned  may  recover  the  driving  licence  or  the  right  to  drive  in 
accordance with the national rules of the Member State of issuance;  

the Member State of issuance shall take into account as far as possible any part 
of the  additional conditions  with  which the person concerned shall comply in 
order  to  recover  the  right  to  drive  that  have  been  already  fulfilled  in  the 
Member State of the offence. 

3. 

Where  the  driving  disqualification  consists  in  a  suspension  or  a  restriction,  the 
measures  taken  by  the  Member  State  of  issuance  shall  comply  with  the  following 
conditions: 

(a) 

the  Member  State  of  issuance  shall  suspend  or  restrict  the  validity  of  the 
driving licence or the right  to  drive of the person concerned until  the date on 
which  the  suspension  or  the  restriction  imposed  and  notified  by  the  Member 
State of the offence ceases to have effects;  

(b)  where  the  suspension  or  the  restriction  imposed  and  notified  by  the  Member 
State of the offence is subject both to the lapse of a fixed amount of time and  
the fulfilment of additional conditions, the Member State of issuance shall take 
into account only the fixed period of time; 

(c)  where a restriction is imposed and notified by the Member State of the offence, 
it shall be taken into account insofar as compatible with the law of the Member 
State of issuance in terms of its nature or duration. 

4. 

Without prejudice to the ground for exemption laid down in Article 8(1), point (a), 
when  adopting  measures  under  this  Article,  the  Member  State  of  issuance  shall  be 
bound by and rely on the information and facts provided by the Member State of the 
offence in accordance with Article 5. 

Article 7 

Effects of driving disqualifications in the Member State of the offence 

1. 

This Directive shall not prevent the Member State of the offence from executing the 
driving disqualification within its territory and in accordance with its national rules. 

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2. 

3. 

Where a driving disqualification containing additional conditions has been notified to 
the Member State of issuance in accordance with Article 4(1), the Member State of 
the  offence  may  continue  to  apply  such  driving  disqualification  within  its  territory 
until the person concerned complies with those conditions.  

However,  additional  conditions  attached  to  a  driving  disqualification  notified  in 
accordance with Article 4(1) shall be deemed to be fulfilled by the Member State of 
the  offence  where  the  Member  State  of  issuance  has  positively  assessed  that  the 
person concerned fulfills the conditions  applicable in the Member State of issuance 
for recovering the right to drive or the driving licence or to be able to apply for a new 
one.   

Article 8 

Grounds for exemption  

1. 

The Member State of issuance shall not take the measures referred to in Article 6(1) 
where: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the certificate referred to in Article 5 is incomplete or manifestly incorrect and 
the  missing  or  the  correct  information  has  not  been  provided  in  accordance 
with paragraph 3, of this Article;  

the  driving  disqualification  has  already  been  fully  executed  in  the  Member 
State of the offence;  

the driving disqualification is statute-barred in accordance with the law of the 
Member State of issuance;  

there is a privilege or immunity under the law of the Member State of issuance 
that prevents the execution of the driving disqualification;  

at  the  moment  of  adopting  the  measures,  referred  to  in  Article  6(3),  the 
remaining period of the suspension or of the restriction to be served pursuant to 
the driving disqualification is less than one month;  

judicial  proceedings  took  place  and  according  to  the  certificate  the  person 
concerned did not appear in person at the trial that resulted in the adoption of 
the driving disqualification, unless the certificate states that, in accordance with 
further procedural requirements defined in the law of the Member State of the 
offence, either of the following circumstances have occurred:  

(i) the person concerned was summoned in person in due time and was thereby 
informed of the scheduled date and place of the trial that resulted in the driving 
disqualification,  or  actually  received,  by  other  means,  official  information  of 
the  scheduled  date  and  place  of  that  trial  in  such  a  manner  that  it  was 
established unequivocally that that person was aware of the scheduled trial, and 
was informed in due time that such a driving disqualification could be handed 
down if that person did not appear at the trial;  

(ii)  being  aware  of  the  scheduled  trial,  the  person  concerned  had  given  a 
mandate to a lawyer, who was either appointed by the person concerned or by 
the State, to  defend that person at  the trial  and was actually defended by  that 
lawyer at the trial; or  

(iii) after having been served with the driving disqualification and having been 
expressly  informed  of  the  right  to  a  retrial  or  an  appeal,  in  which  the  person 
concerned  would  have  the  right  to  participate  and  which  would  allow  a  re-

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examination  of  the  merits  of  the  case  including  an  examination  of  fresh 
evidence,  and  which  could  lead  to  the  original  driving  disqualification  being 
reversed, that person expressly stated that he or she did not contest the driving 
disqualification, or did not request a retrial or appeal within the applicable time 
limits; 

(g) 

in exceptional situations, there are substantial grounds to believe, on the basis 
of  specific  and  objective  evidence,  that  the  execution  of  the  driving 
disqualification  would,  in  the  particular  circumstances  of  the  case,  entail  a 
breach of a fundamental right as set out in the Charter.  

2. 

The  Member  State  of  issuance  may  decide  to  apply  also  the  following  grounds  of 
exemption: 

(a) 

(b) 

(c) 

the driving disqualification relates to a major road-safety-related traffic offence 
that, on the basis of the information notified under Article 4(1), would not be 
sanctioned with a driving disqualification under the law of the Member State of 
issuance; 

the driving disqualification was imposed only on grounds of speeding and the 
speed limits  in force in the Member State of the offence were exceeded by less 
than 50 km/h; 

under the law of the Member State of issuance, the person concerned cannot, 
due  to  his  or  her  age,  be  held  liable  for  the  major  road-safety-related  traffic 
offence in respect of which the driving disqualification was issued. 

Whenever the Member State of issuance intends to apply in a specific case a ground 
for exemption pursuant to paragraph 1 or 2, it shall inform without delay the Member 
State of the offence and, where applicable, request any necessary information for the 
purpose  of  examining  whether  a  ground  for  exemption  referred  to  therein  applies. 
The  Member  State  of  the  offence  shall  provide  the  requested  information  without 
delay and may provide any additional information or comment it deems relevant.  

Information provided under this paragraph shall not include personal data other than 
those strictly necessary  for the application of paragraphs 1 and 2 and shall be used 
for the sole purpose of applying those paragraphs. 

Article 9 

Time-limits  

The Member State of issuance shall take the measures referred to in Article 6 (1) or 
adopt the decision that a ground of exemption pursuant to Article 8 applies without 
delay and, without prejudice to paragraph 3, no later than 15 days after it received the 
certificate in accordance with Article 5(1).  

The  national  contact  point  of  the  Member  State  of  issuance  shall  communicate 
without delay the measures taken under Article 6(1) or the decision that a ground of 
exemption applies pursuant to Article 8 to the national contact point of the Member 
State of the offence through RESPER. 

Where it is not possible, in a specific case, to meet the time-limit set out in paragraph 
1,  the  national  contact  point  of  the  Member  State  of  issuance  shall  inform  the 

3. 

1. 

2. 

3. 

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national  contact  point  of  the  Member  State  of  the  offence  without  delay  by  any 
means, giving the reasons for which it was not possible to meet that time-limit.  

The expiry of the time-limit set in paragraph 1 shall not relieve the Member State of 
issuance  of  its  obligation  to  take  the  measures  referred  to  in  Article  6(1)  without 
delay. 

Article 10 

Consultations between the Member States 

Where necessary, Member States shall consult each other, via appropriate means and without 
delay, to ensure the effective application of this Directive.  

Article 11 

Information to be given by the Member State of issuance 

The  national  contact  point  of  the  Member  State  of  issuance  shall  without  delay  inform  the 
national contact point of the Member State the offence: 

(a) 

of the reception of the notification of the driving disqualification, in accordance 
with Article 4(1); 

(b)  of the measures taken under Article 6, once they have become legally binding; 

(c) 

of  any  decision  that  a  ground  of  exemption  pursuant  to  Article  8  applies 
together with the reasons for the decision; 

(d)  of any measure suspending or terminating the Union-wide effect of the driving 
disqualification  and  the  underlying  reasons,  including  on  account  of  the 
successful challenge by the person concerned. 

Article 12 

Information to be given by the Member State of the offence 

The national contact point of the Member State of the offence shall without delay inform the 
national contact point of the Member State issuance: 

(a) 

any  circumstance 
disqualification; 

that  affects 

the  decision 

that 

imposed 

the  driving 

(b)  of  the  execution  of  the  driving  disqualification  in  the  Member  State  of  the 

offence. 

Article 13  

Obligation to inform the person concerned 

1. 

Following both the reception of the notification under Article 4(1) and the adoption 
of  measures  under  Article  6(1),  respectively,  the  Member  State  of  issuance  shall 

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inform the person concerned without delay, in accordance with procedures under its 
national law. 

2. 

The information to be provided in accordance with paragraph 1 shall at least specify:  

(a)  when the information is given following the reception of the notification under 

Article 4(1): 

(i)  the  name  of  the  authorities  competent  for  the  enforcement  of  the  driving 
disqualification of both the Member State of issuance and the Member State of 
the offence; and 

(ii)  legal  remedies  available  under  the  law  of  the  Member  State  of  issuance, 
including the right to be heard; 

(b)  when the information is given following the adoption of measures taken under 

Article 6(1): 

(i) the details of the measures taken by the Member State of issuance;  

(ii) legal remedies available under the law of the Member State of issuance to 
challenge the measures taken. 

Article 14 

Legal remedies  

1. 

2. 

3. 

1. 

2. 

3. 

Member  States  shall  ensure  adequate  legal  remedies  against  decisions  or  measures 
taken  pursuant  to  this  Directive,  equivalent  to  those  available  in  similar  domestic 
cases. They shall take the appropriate measures to ensure that information about such 
remedies is provided in due time to ensure that they can be exercised effectively.  

A driving disqualification notified under Article 4(1) may be challenged only in an 
action brought in the Member State of the offence. 

The Member State of the offence and the Member State of issuance shall inform each 
other about the legal remedies sought against decisions or measures taken pursuant to 
this Directive. 

Article 15 

 National contact points  

By  [date  of  transposition  of  this  Directive],  each  Member  State  shall  designate  a 
national contact point for the purposes of this Directive.  

Member  States  shall  ensure  that  their  respective  national  contact  points  cooperate 
with  the  authorities  competent  for  the  enforcement  of  the  driving  disqualifications 
imposed  for  the  commission  of  major  road-safety-related  traffic  offences,  in 
particular in order to ensure that all necessary information is shared in due time, and 
that the time-limits laid down in Article 9 are complied with. 

Member  States  shall  inform  the  Commission  of  the  national  contact  points 
designated  for  the  purposes  of  this  Directive.  The  Commission  shall  make  the 
information received under this Article available to all Member States on its website. 

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Article 16 
Statistics 
Member  States  shall  regularly  collect  comprehensive  statistics  on  the  application  of  this 
Directive and shall send them to the Commission each year. Those statistics shall include: 

(a) 

(b) 

(c) 

(d) 

the  number  of  notifications  made  under  Article  4(1),  separated  by  Member 
State addressed;  

the  number  of  times  a  ground  for  exemption  was  invoked,  including  the 
grounds for exemption applied, separated by notifying Member State;  

the  time  needed  to  transmit  information  on  the  decision  on  a  ground  of 
exemption; 

 the  number  of  legal  remedies  that  have  been  lodged  against  measures  taken 
under Article 6(1). 

Article 17 
Committee procedure    

1. 

2. 

The Commission shall be assisted by the committee on driving licences established 
by  Article  22  of  [NEW  DIRECTIVE  ON  DRIVING  LICENCES].  That  committee 
shall be a committee within the meaning of Regulation (EU) No 182/2011.   

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply.  

Where  the  opinion  of  the  committee  is  to  be  obtained  by  written  procedure,  that 
procedure shall be terminated without result when, within the time limit for delivery 
of  the  opinion,  the  chair  of  the  committee  so  decides  or  a  simple  majority  of 
committee members so request.  

Where  the  committee  delivers  no  opinion,  the  Commission  shall  not  adopt  the 
implementing  act  and  Article  5(4),  third  subparagraph,  of  Regulation  (EU)  No 
182/2011 shall apply. 

Article 18 

Relationship with other legal acts 

1. 

This  Directive  shall  not  affect  the  rights  and  obligations  stemming  from  the 
following legal acts: 

(a)  Council Framework Decision 2008/947/JHA; 

(b)  Council Framework Decision 2005/214/JHA; 

(c) 

the  rights  of  suspects  and  accused  persons  as  provided  for  in  Directive 
2010/64/EU,  Directive  2012/13/EU,  Directive  2013/48/EU,  Directive  (EU) 
2016/343,  Directive  (EU)  2016/800  and  Directive  (EU)  2016/1919  of  the 
European Parliament and of the Council. 

2. 

Member  States  may  conclude  bilateral  or  multilateral  agreements  or  arrangements 
with  other  Member  States  after  [DD/MM/YYYY],  in  so  far  as  such  agreements  or 
arrangements  allow  the  provisions  of  this  Directive  to  be  extended  and  help  to 

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simplify  or  facilitate  further  the  procedures  for  the  enforcement  of  driving 
disqualifications  imposed  for  the  commission  of  offences  in  a  Member  State  other 
than the one that issued the driving licence of the person concerned. 

Article 19 

Transposition 

1. 

2. 

Member States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [DD/MM/YYYY]. They shall 
forthwith communicate to the Commission the text of those provisions. 

When  Member States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  shall  be  accompanied  by  such  a  reference  on  the  occasion  of  their 
official  publication.  Member States  shall  determine  how  such  reference  is  to  be 
made. 

By [DD/MM/YYYY], Member States shall communicate to the Commission the text 
of the main provisions of their national law which they adopt in the field covered by 
this Directive. 

       Article 20 

     Report on the application  

By [entry into force + 5 years], and every five years thereafter, the Commission shall present 
a report to the European Parliament and the Council on the implementation of this Directive, 
including  its  impact  on  road  safety.  The  report  shall  be  accompanied,  if  necessary,  by 
proposals for amendments to this Directive. 

Article 21 

Entry into force and application 

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

Article 22 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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