Article 1 Model licence
1. Member States shall introduce a national driving licence based on the Community model set out in Annex I, in accordance with the provisions of this Directive. The emblem on page 1 of the Community model driving licences shall contain the distinguishing sign of the Member State issuing the licence. 2. Without prejudice to data protection rules, Member States may introduce a storage medium (microchip) as part of the driving licence, as soon as the requirements concerning the microchip referred to in Annex I, which are designed to amend non-essential elements of this Directive, by supplementing it, are laid down by the Commission in accordance with the procedure referred to in Article 9(2). These requirements shall provide for EC type-approval, which shall only be granted when the ability to resist attempts to tamper with or alter data is demonstrated. 3. The microchip shall incorporate the harmonised driving licence data specified in Annex I. After consulting the Commission, Member States may store additional data, provided that it does not in any way interfere with the implementation of this Directive. In accordance with the procedure referred to in Article 9(2), the Commission may amend Annex I in order to guarantee future interoperability. 4. With the agreement of the Commission, Member States may make to the model set out in Annex I such adjustments as are necessary for computer processing of the driving licence.
Article 2 Mutual recognition
1. Driving licences issued by Member States shall be mutually recognised. 2. When the holder of a valid national driving licence without the administrative validity period set out in Article 7(2) takes up normal residence in a Member State other than that which issued the driving licence, the host Member State may apply to the licence the administrative validity periods set out in that Article by renewing the driving licence, as from 2 years after the date on which the holder has taken up normal residence on its territory.
Article 3 Anti-forgery measures
1. Member States shall take all necessary steps to avoid any risk of forgery of driving licences, including that of model driving licences issued before the entry into force of this Directive. They shall inform the Commission thereof. 2. The material used for the driving licence, as set out in Annex I, shall be made secure against forgery in application of specifications designed to amend non-essential elements of this Directive, by supplementing it, which are to be laid down by the Commission in accordance with the procedure referred to in Article 9(2). Member States are free to introduce additional security features. 3. Member States shall ensure that, by 19 January 2033, all driving licences issued or in circulation fulfil all the requirements of this Directive.
Article 4 Categories, definitions and minimum ages
1. The driving licence provided for in Article 1 shall authorise the driving of power-driven vehicles in the categories defined hereafter. It may be issued from the minimum age indicated for each category. A ‘power-driven vehicle’ means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle. 2. mopeds: Category AM: — Two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h, as defined in Article 1(2)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles ( 5 ) (excluding those with a maximum design speed under or equal to 25 km/h), and light quadricycles as defined in Article 1(3)(a) of Directive 2002/24/EC, — the minimum age for category AM is fixed at 16 years; Category AM: — Two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h, as defined in Article 1(2)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles ( 5 ) (excluding those with a maximum design speed under or equal to 25 km/h), and light quadricycles as defined in Article 1(3)(a) of Directive 2002/24/EC, — the minimum age for category AM is fixed at 16 years; 3. motorcycles with or without a sidecar and motor tricycles: — ‘motorcycle’ means two-wheel vehicles with or without a sidecar, as defined in Article 1(2)(b) of Directive 2002/24/EC, — ‘motor tricycle’ means vehicles with three symmetrically arranged wheels, as defined in Article 1(2)(c) of Directive 2002/24/EC; (a) Category A1: — motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg, — motor tricycles with a power not exceeding 15 kW, — the minimum age for category A1 is fixed at 16 years; (a) Category A1: — motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg, — motor tricycles with a power not exceeding 15 kW, — the minimum age for category A1 is fixed at 16 years; (b) Category A2: — motorcycles of a power not exceeding 35 kW and with a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than double its power, — the minimum age for category A2 is fixed at 18 years; (b) Category A2: — motorcycles of a power not exceeding 35 kW and with a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than double its power, — the minimum age for category A2 is fixed at 18 years; (c) Category A: (i) motorcycles — The minimum age for category A is fixed at 20 years. However, access to the driving of motorcycles of this category shall be subject to a minimum of two years' experience on motorcycles under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old. (ii) motor tricycles with a power exceeding 15 kW — The minimum age for motor tricycles exceeding 15 kW is fixed at 21 years. (c) Category A: (i) motorcycles — The minimum age for category A is fixed at 20 years. However, access to the driving of motorcycles of this category shall be subject to a minimum of two years' experience on motorcycles under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old. (i) motorcycles — The minimum age for category A is fixed at 20 years. However, access to the driving of motorcycles of this category shall be subject to a minimum of two years' experience on motorcycles under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old. (ii) motor tricycles with a power exceeding 15 kW — The minimum age for motor tricycles exceeding 15 kW is fixed at 21 years. (ii) motor tricycles with a power exceeding 15 kW — The minimum age for motor tricycles exceeding 15 kW is fixed at 21 years. 4. motor vehicles: — ‘motor vehicle’ means any power-driven vehicle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolleybuses, i.e. vehicles connected to an electric conductor and not rail-borne. It shall not include agricultural or forestry tractors, — ‘Agricultural or forestry tractor’ means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function; (a) Category B1: — quadricycles, as defined in Article 1(3)(b) of Directive 2002/24/EC, — the minimum age for category B1 is fixed at 16 years, — category B1 is optional; in Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles; (a) Category B1: — quadricycles, as defined in Article 1(3)(b) of Directive 2002/24/EC, — the minimum age for category B1 is fixed at 16 years, — category B1 is optional; in Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles; (b) Category B: motor vehicles with a maximum authorised mass not exceeding 3 500 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg. Without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category may be combined with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of this combination does not exceed 4 250 kg. In case such a combination exceeds 3 500 kg, Member States shall, in accordance with the provisions of Annex V, require that this combination shall only be driven after: — a training has been completed, or — a test of skills and behaviour has been passed. Member States may also require both such a training and the passing of a test of skills and behaviour. Member States shall indicate the entitlement to drive such a combination on the driving licence by means of the relevant Community code. The minimum age for category B is fixed at 18 years; (b) Category B: motor vehicles with a maximum authorised mass not exceeding 3 500 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg. Without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category may be combined with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of this combination does not exceed 4 250 kg. In case such a combination exceeds 3 500 kg, Member States shall, in accordance with the provisions of Annex V, require that this combination shall only be driven after: — a training has been completed, or — a test of skills and behaviour has been passed. Member States may also require both such a training and the passing of a test of skills and behaviour. Member States shall indicate the entitlement to drive such a combination on the driving licence by means of the relevant Community code. The minimum age for category B is fixed at 18 years; (c) Category BE: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles consisting of a tractor vehicle in category B and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg, — the minimum age for category BE is fixed at 18 years; (c) Category BE: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles consisting of a tractor vehicle in category B and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg, — the minimum age for category BE is fixed at 18 years; (d) Category C1: motor vehicles other than those in categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg, but does not exceed 7 500 kg, and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; (d) Category C1: motor vehicles other than those in categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg, but does not exceed 7 500 kg, and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; (e) Category C1E: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 000 kg, — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the combination does not exceed 12 000 kg, — the minimum age for categories C1 and C1E is fixed at the age of 18 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers ( 6 ); (e) Category C1E: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 000 kg, — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the combination does not exceed 12 000 kg, — the minimum age for categories C1 and C1E is fixed at the age of 18 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers ( 6 ); (f) Category C: motor vehicles other than those in categories D1 or D, whose maximum authorised mass is over 3 500 kg and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; (f) Category C: motor vehicles other than those in categories D1 or D, whose maximum authorised mass is over 3 500 kg and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; (g) Category CE: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg, — the minimum age for categories C and CE is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; (g) Category CE: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg, — the minimum age for categories C and CE is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; (h) Category D1: motor vehicles designed and constructed for the carriage of no more than 16 passengers in addition to the driver and with a maximum length not exceeding 8 m; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; (h) Category D1: motor vehicles designed and constructed for the carriage of no more than 16 passengers in addition to the driver and with a maximum length not exceeding 8 m; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; (i) Category D1E: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg, — the minimum age for categories D1 and D1E is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; (i) Category D1E: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg, — the minimum age for categories D1 and D1E is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; (j) Category D: motor vehicles designed and constructed for the carriage of more than eight passengers in addition to the driver; motor vehicles which may be driven with a category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; (j) Category D: motor vehicles designed and constructed for the carriage of more than eight passengers in addition to the driver; motor vehicles which may be driven with a category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; (k) Category DE: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg, — the minimum age for categories D and DE is fixed at 24 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; (k) Category DE: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg, — the minimum age for categories D and DE is fixed at 24 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; 5. With the agreement of the Commission, Member States may exclude from the application of this Article certain specific types of power-driven vehicle such as special vehicles for disabled persons. Member States may exclude from the application of this Directive vehicles used by, or under the control of, the armed forces and civil defence. 6. Member States may raise or lower the minimum age for issuing a driving licence: (a) for category AM down to 14 years or up to 18 years; (b) for category B1 up to 18 years; (c) for category A1 up to 17 or 18 years, — if there is a two years difference between the minimum age for category A1 and the minimum age for category A2, and — there is a requirement of a minimum of two years experience on motorcycles of category A2 before access to the driving of motorcycles for category A can be granted, as referred to in Article 4(3)(c)(i); (c) for category A1 up to 17 or 18 years, — if there is a two years difference between the minimum age for category A1 and the minimum age for category A2, and — there is a requirement of a minimum of two years experience on motorcycles of category A2 before access to the driving of motorcycles for category A can be granted, as referred to in Article 4(3)(c)(i); (d) for categories B and BE down to 17 years. Member States may lower the minimum age for category C to 18 years and for category D to 21 years with regard to: (a) vehicles used by the fire service and vehicles used for maintaining public order; (b) vehicles undergoing road tests for repair or maintenance purposes. Driving licences issued to persons at a lower age than set out in paragraphs 2 to 4 in accordance with this paragraph shall only be valid on the territory of the issuing Member State until the licence holder has reached the minimum age limit set out in paragraphs 2 to 4. Member States may recognise the validity on their territory of driving licences issued to drivers under the minimum ages set out in paragraphs 2 to 4.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal Directive 2003/59/EC (‘the Directive’) lays down the initial qualification and periodic training requirements for professional drivers of trucks and buses, thus improving safety on European roads. The purpose of the Directive is to raise standards among new drivers and to maintain and improve the professional skills of existing truck and bus drivers throughout the EU. The Directive aims specifically to increase drivers’ awareness of the risks, with a view to reducing risks and increasing road safety. Moreover, the Directive lays down standards on professional skills to ensure fair competition throughout the EU. Member States have been given significant flexibility in how they implement the Directive, for example on the specific content of driver training and on administrative procedures and the structure of the training system. In July 2012, the European Commission published a Report on the implementation of the Directive which identified a number of shortcomings. The ex-post evaluation of the Directive, including a stakeholder consultation, was completed in October 2014. The evaluation concluded that the Directive had been implemented without major problems. It had improved labour mobility and contributed to the free movement of drivers. The evaluation also confirmed that the Directive had made an effective contribution to its primary objective of ensuring road safety. The evaluation also identified shortcomings that are hindering the effectiveness and consistency of the legal framework and undermining the original objectives of the Directive. These shortcomings are explained in section 3. Consistency with existing policy provisions in the policy area This Directive is an integral part of the general framework of EU legislation concerning professional drivers of trucks and buses. It is also closely linked to road safety, and works alongside other EU legislation, such as the Directive on driving licences 1 , the Directive on the transport of dangerous goods 2 and the rules on driving and resting times 3 . It also works alongside EU law on market access. The evaluation identified several specific issues regarding consistency with other EU legislation. In this regard, the objective is to ensure the consistency of EU legislation. Clarifying the mutual recognition of driver attestation for the purposes of the Directive would improve the internal consistency in the Directive between the provisions on the place of training and the administrative procedures for mutual recognition. Furthermore, it would improve consistency with Regulation 1072/2009, ensuring the mutual recognition of professional driver training, while also taking account of the recent evaluation of that Regulation. All policy options contribute to better training and therefore to improved road safety. This is compatible with the objectives of the Directive, the 2011 Transport white paper and the 2010 Communication ‘Towards a European road safety area: policy orientations on road safety 2011-2020’, in particular the objective of reducing considerably the number of accidents and injuries and halving fatalities over this period. One of the main objectives of the latter is to improve the education, training and post-licence training of road users. Consistency with other Union policies The White Paper on the future of transport policy promotes environmental sustainability through its target to reduce CO 2 transport emissions by 60 % by 2050. An even greater focus on training on fuel-efficient driving for professional drivers will reduce CO 2 emissions and fuel costs. The initiative is coherent with the present Commission's priority to boost jobs and growth. Modernised provisions on training contributes to the objectives of smart growth with an economy based on knowledge and innovation, where life-long learning and the capacity to adapt to technological innovations play an important role, as well as sustainable growth by promoting a more resource efficient, greener and more competitive economy and inclusive growth by fostering a high-employment economy. Furthermore, improved mutual recognition of drivers' training is consistent with the improvement of the single market, in particular labour mobility. Encouraging the use of ICT-tools is consistent with the policies under the Digital Single Market Strategy.

EUROPEAN COMMISSIONBrussels, 1.2.2017COM(2017) 47 final2017/0015(COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and Directive 2006/126/EC on driving licences(Text with EEA relevance){SWD(2017) 26 final}{SWD(2017) 27 final}EXPLANATORY MEMORANDUM1.CONTEXT OF THE PROPOSAL•Reasons for and objectives of the proposalDirective 2003/59/EC (‘the Directive’) lays down the initial qualification and periodic training requirements for professional drivers of trucks and buses, thus improving safety on European roads.The purpose of the Directive is to raise standards among new drivers and to maintain and improve the professional skills of existing truck and bus drivers throughout the EU. The Directive aims specifically to increase drivers’ awareness of the risks, with a view to reducing risks and increasing road safety. Moreover, the Directive lays down standards on professional skills to ensure fair competition throughout the EU.Member States have been given significant flexibility in how they implement the Directive, for example on the specific content of driver training and on administrative procedures and the structure of the training system.In July 2012, the European Commission published a Report on the implementation of the Directive which identified a number of shortcomings. The ex-post evaluation of the Directive, including a stakeholder consultation, was completed in October 2014.The evaluation concluded that the Directive had been implemented without major problems. It had improved labour mobility and contributed to the free movement of drivers. The evaluation alsoconfirmed that the Directive had made an effective contribution to its primary objective of ensuring road safety.The evaluation also identified shortcomings that are hindering the effectiveness and consistency of the legal framework and undermining the original objectives of the Directive. These shortcomings are explained in section 3.•Consistency with existing policy provisions in the policy areaThis Directive is an integral part of the general framework of EU legislation concerning professional drivers of trucks and buses. It is also closely linked to road safety, and works alongside other EU legislation, such as the Directive on driving licences1, the Directive on the transport of dangerous goods2and the rules on driving and resting times3. It also works alongside EU law on market access.The evaluation identified several specific issues regarding consistency with other EU legislation. In this regard, the objective is to ensure the consistency of EU legislation.Clarifying the mutual recognition of driver attestation for the purposes of the Directive would improve the internal consistency in the Directive between the provisions on the place of training and the administrative procedures for mutual recognition. Furthermore, it would improve consistency with Regulation 1072/2009, ensuring the mutual recognition of professional driver training, while also taking account of the recent evaluation of that Regulation.All policy options contribute to better training and therefore to improved road safety. This is compatible with the objectives of the Directive, the 2011 Transport white paper and the 2010 Communication ‘Towards a European road safety area: policy orientations on road safety 2011-2020’, in particular the objective of reducing considerably the number of accidents and injuries and halving fatalities over this period.  One of the main objectives of the latter is to improve the education, training and post-licence training of road users.•Consistency with other Union policiesThe White Paper on the future of transport policy promotes environmental sustainability through its target to reduce CO2transport emissions by 60 % by 2050. An even greater focus on training on fuel-efficient driving for professional drivers will reduce CO2emissions and fuel costs.The initiative is coherent with the present Commission's priority to boost jobs and growth. Modernised provisions on training contributes to the objectives of smart growth with an economy based on knowledge and innovation, where life-long learning and the capacity to adapt to technological innovations play an important role, as well as sustainable growth by promoting a more resource efficient, greener and more competitive economy and inclusive growth by fostering a high-employment economy. Furthermore, improved mutual recognition of drivers' training is consistent with the improvement of the single market, in particular labour mobility.Encouraging the use of ICT-tools is consistent with the policies under the Digital Single Market Strategy.2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY•Legal basisThe legal basis for the Directive on training for professional drivers (2003/59/EC) and for the proposed amendment is Article 91(1)(c) of the Treaty on the Functioning of the EU (TFEU)4(formerly Article 71 TEC).This article provides the basis for the adoption of EU legislation to improve transport safety, including road safety.•Subsidiarity (for non-exclusive competence)The EU shares competence with Member States to regulate in the field of transport pursuant to Article 4(2) (g) TFEU. The EU can only legislate as far as the Treaties allow it, with due consideration being accorded to the principles of necessity, subsidiarity and proportionality5.Around 33% of all journeys made by heavy goods vehicles in the EU cross borders between Member States. Around 8 % of cross-border transport in the EU involves busses or coaches. These figures have been rising over the last few years.The problem of the mutual recognition of periodic training followed in another Member State cannot be solved effectively by individual Member States acting alone. Although issuing driver qualification cards, as already provided for in the Directive, would resolve the situation, the current legislation makes this optional. Eight Member States have chosen not to use this option, despite the efforts made through the CPC (certificate of professional competence) committee to resolve the issue by non-legislative action. Thus, EU legislative action is necessary to ensure that administrative practices in the Member States enable the mutual recognition of training within the EU. Possible bilateral agreements between some Member States cannot effectively ensure mutual recognition EU-wide.Different interpretations of the Directive and different practices applied by Member States negatively affect the functioning of the single market.Attempts already made to align understanding and application across Member States through non-legislative actions, such as issuing guidance notes or discussions at the CPC committee, have not yielded sufficient results. Only common EU rules can create a level playing field for road transport operators while ensuring a minimum level of road safety.Furthermore, since specific training on dangerous goods, disability awareness and animal welfare are required by EU law, it is the EU’s role to provide legal clarity and ensure consistency between the different instruments of EU law.As regards periodic training, some Member States have deviated from the safety objectives by allowing the same course module to be taken several times or offering a full training course that does not cover safety issues. While it is and should remain primarily for the Member States to adapt training to national needs and priorities, it is for the EU to ensure that the minimum level of training content is consistent with the overall policy objectives.•ProportionalityAs indicated in point 7 of the impact assessment report, the problems identified are best addressed at EU level in the form of an amended Directive that provides clarity on certain elements and sets out better harmonised minimum requirements, while still offering Member States some flexibility.A revised Directive is a proportionate measure because it would enable further harmonisation of training requirements to resolve some of the issues while still leaving flexibility for Member States to adapt the implementation of parts of the training to their economic and social environment and to the specific needs and characteristics of its road transport sector.An EU directive would ensure that appropriate minimum training requirements are applied and that training is recognised EU-wide.•Choice of the instrumentConsidering the limited number of changes proposed, and taking into account that the original legal act is a directive, this is considered to be the most appropriate instrument.3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS•Ex-post evaluations/fitness checks of existing legislationThe evaluation concluded that the Directive was implemented in the Member States without major problems; it has improved labour mobility and contributes to ensuring free movement of drivers. The evaluation furthermoreconfirmed that the Directive effectively contributes to its main objective of ensuring the road safety together with the legislation mentioned above.Furthermore, while the ex-post evaluation showed that the Directive has, overall, had a positive effect on the sector, it also identified shortcomings that hinder the effectiveness and consistency of the legal framework and undermine the objectives of the Directive.The main shortcomings identified were:(1)difficulties for drivers to obtain recognition of completed/partially-completed training undergone in another Member State;(2)content of the training only partially relevant for drivers' needs;(3)difficulties and legal uncertainties in the interpretation of exemptions;(4)inconsistencies in minimum age requirements between the Directive on the training of professional drivers (2003/59/EC) and the Directive on driving licences (2006/126/EC), ambiguity regarding the possibility to combine professional driver training with other training courses required under EU law (i.e. hazardous goods (ADR), passenger rights and animal welfare training), and the lack of clarity regarding the use of ICT in training courses (e.g. elearning/blended learning).The objective of the proposal is to deal appropriately with the identified shortcomings.•Stakeholder consultationsBefore the legislative proposal was drafted, stakeholder consultations were conducted to gather as many comments and suggestions as possible from the individuals and bodies concerned. This exercise complied with the minimum standards for the consultation of interested parties set out in the Commission Communication of 11 December 2002 (COM(2002) 704 final).The consultation process included two types of actions – opinion gathering and data collection. Open and targeted consultation methods and various consultation tools were used.As for theopen consultation,an internet-basedpublic consultationtook place between 17 July and 25 October 2013. The Commission received 395 contributions, 203 respondents participated as private individuals 192 replied on behalf of institutions orinterest representations. 58 respondents are registered in the Transparency Register of the European Parliament and of the European Commission.Participants emphasised the importance of ongoing EU action in the field of qualifications and training for professional drivers. Stakeholders consider that the Directive contributed only insufficiently to achieving its objectives, namely increased road safety, developing the skills of professional drivers, driver mobility and the creation of a level playing field for drivers and businesses. Opinion was divided, however, on the concrete measures needed to address these difficulties.The consultation paper, the contributions received, a summary of these contributions and the report on the stakeholder conference of 6 March 2014 are available on the website of the road safety unit of DG MOVE and on the “Your voice in Europe” website6.Thetargeted consultationprocess included the following elements:The Commission presented the initiative in the framework of thesocial dialoguewith the road transport social partners on 24 June 2013 and with the urban public transport on 25 September 20137. The main findings of the open public consultation were presented again to the road transport social partners on 25 April 2014. The key issues addressed in the proposal were presented to social partners on 19 November 2014. On that occasion, the social partners expressed their support for having legislation at EU level in this field and had no objections to the objectives proposed by the Commission.On 6 March 2014 ahearing of stakeholderswas held in Brussels with the participation of delegations from around 100 organisations representing haulage operators, passenger transport operators, workers, training providers and national administrations. The conference confirmed the findings of the open public consultation (see above). The report on the conference is available on the website of the road safety unit of DG MOVE.On 23 January 2014 the Commission held aninformal workshopwith Member States to discuss minimum age requirements and the structure of the training in the context of a possible review of the Directive. At the meeting of the CPC committee on 23 October 2014 the last part of the meeting was dedicated to an informal discussion with Member States on how to improve mutual recognition. The CPC committee met again on the 9 October 2015, when the ongoing review of Directive was discussed. As regards mutual recognition of periodic training, the participants expressed concern about Member States applying different practices and generally saw the need for a harmonised approach. The importance of keeping the Directive up to date as regards technological progress was highlighted, as was the need for additional clarity on some aspects, such as e-learning.Aquestionnairewas sent to Member State authorities in December 2013 in the course of the support study to collect detailed information on the implementation of the Directive. The questionnaires were distributed among the DG MOVE CPC committee members. In April 2014, a follow-up data request was sent to collect additional quantitative information on specific points relating to the Directive.In addition, the contractor together with the European Transport Workers Federation (ETF) developed a questionnaire about possible barriers to the free movement of drivers. This questionnaire was submitted to the EU members of ETF in April 2014.Targeted interviewswere carried out in the course of the support study to supplement the data obtained using the other methods, investigate certain specific issues, strengthen findings, or seek clarifications on the answers given by stakeholders to questionnaires. Interviews were held with a number of stakeholders, ranging from public entities to relevant transport associations.The results of the consultation showed a general agreement on the need to improve the implementation of the Directive without substantial changes to its content. There was support for a cost effective solution to the problem of mutual recognition; however, the views on the most suitable measures to achieve it were diverging. Stakeholders also agreed that training could be better adapted to the driver's needs. Vulnerable road users were considered to be one of the priorities for the road safety content of training by some stakeholders. The clarification of the exemptions and its alignment in the CPC Directive and working time rules were generally welcomed, but not a change in its scope. On the issue of minimum age, stakeholder's opinions differ, the industry and Member States being generally in favour of the proposed modification. The possibility to use ICT tools or to combine mandatory trainings was also generally welcomed.•Collection and use of expertiseAn external contractor assisted with an ex-post evaluation report and a support study for the Impact Assessment8, which were concluded in October 2014.•Impact assessmentThe initiative is supported by an Impact Assessment, which has received a positive opinion from the Regulatory Scrutiny Board.Given the independent nature of the three main problems identified, the Impact Assessment considers three sets of policy options according to three main fields of intervention: mutual recognition, training content, and legal clarity and consistency.The preferred solution to ensure mutual recognition involves issuing driver qualification cards to foreigners. This solution was compared with the possibility of recognising training through the RESPER driving licence information system or a recognised certificate.The preferred solution for addressing the training content is to strengthen content on road safety and fuel efficiency in the training courses and make it clear that it is possible to use elearning/blended learning in the training courses. For legal clarity and consistency, the preferred solution is to clarify the lower age limit that applies and the scope of exemptions and to spell out to the national authorities that the training can be combined with other training courses required under EU law. All policy measures were compared to a baseline scenario.The preferred option corrects the existing problem of mutual recognition which could affect around 46 700 drivers (2016). Given the repetitive nature of the training, in the next 15 years the total number of such cases could reach 100 000. Strengthening training content will have a positive impact on road safety and fuel efficiency. Due to the complementary nature of the Directive to a number factors affecting road safety and fuel efficiency, the attributed expected effect are quite limited. The preferred option leads to consistent application of exemptions and minimum age to access the profession, which, as pointed out by the industry, could mitigate a growing shortage of drivers entering the profession.The proposal is in line with the preferred option in the Impact Assessment.•Regulatory fitness and simplificationThe proposal is pursuing the following REFIT objective: By ensuring smoother administrative practices for mutual recognition administrative costs for business and administrations could be reduced. A revision would make it possible to resolve the issues related to mutual recognition at the lowest costs. This is estimated at EUR 6.3 million for the period of 2018 – 2030. This change will bring benefits to the industry in terms of the costs savings, which account over the period 2018 – 2030 for 2.3 million and 6.7 million euros for businesses and drivers respectively. Furthermore, it will make the training system more effective by revising the content of initial and periodic training to provide for further safety and environmental benefits. This will mitigate the transitional costs (in total EUR 14.1 million for 2018 – 2030) related to the change of the content.A large share of transport businesses are microenterprises or small and medium-sized businesses (SMEs). Overall, 65-95 % of companies in this sector have fewer than ten employees. The Directive does not exempt microenterprises or SMEs from its scope and they will be affected, primarily through simplification of the mutual recognition process, changes of the training content and the more consistent application of exemptions.•Fundamental rightsNo absolute rights are to be affected and no non-absolute rights from the Charter for fundamental rights will be limited by the policy objectives. The general policy objective is to improve the implementation of the fundamental rights set in the Charter within the EUacquis, as supporting the safety of transport workers is one of the key objectives of the legislation.4.BUDGETARY IMPLICATIONSThe proposal will have no implications on the Union budget.5.OTHER ELEMENTS•Implementation plans and monitoring, evaluation and reporting arrangementsIt is crucial to monitor the measures to ensure that the general and specific objectives are achieved in an effective and efficient manner. To this end the Commission set up a list of indicators that will help further evaluate the Directive.The Commission will remain in close contact with the Member States and with the relevant stakeholders to monitor the effects of the new qualification and training requirements. The CPC committee represents an excellent forum for the exchange of information with the Member States. The Commission will also stay in contact with the social partners. The sectorial social dialogue committee can be used to exchange information with social partners.The Commission will conduct a detailed transposition assessment after expiry of the deadline set in this Directive expires.•Explanatory documents (for directives)Considering the scope of the proposal, the fact that it only amends Directive 2003/59/EC and Directive 2006/126/EC, both of which all Member States have transposed in full, it does not seem justified or proportional to require explanatory documents.•Detailed explanation of the specific provisions of the proposalIn addition to certain minor linguistic and editorial changes, as well as updates of reference to other EU legislation, the main elements of proposal are:Article 2 of Directive 2003/59/EC – ExemptionsThe wording of the exemptions is amended to make them clearer and consistent with those under Regulation (EC) 561/2006, as follows:2(b) the amendment clarifies that the vehicles cannot be used for other purposes than the one they have been assigned as stated in the exemption. This means that e.g. if a fire truck is used as an attraction at a fun fair, the driver is not exempt. Adding this phrase also ensures consistency with the similar exemption in Article 3(c) of Regulation (EC) 561/2006.2(d) the amendment clarifies that vehicles used for the non-commercial transport of humanitarian aid are also covered by the exemption when used in states of emergency or assigned to rescue missions; it ensures consistency with Article 3(d) of Regulation (EC) 561/2006.2(e) two clarifications are made: firstly, that the vehicles can be used not only during driving lessons, but also during the driving examination; secondly, that the exemption covers driving solely for the purposes of training and instruction; it cannot be combined with commercial transport operations. These are consistent with similar exemptions under Articles 3(d) and 13(1)(g) of Regulation (EC) 561/2006 respectively.2(f) the amendment clarifies that exempted non-commercial transport does not have to be for the ‘personal use’ of the driver (e.g. non-commercial transport for charities or non-profit organisations). This ensures consistency with similar exemptions under Articles 3(h) and 13(i) of Regulation (EC) 561/2006.2(g) the word ‘machinery’ is added to clarify that also if the driver is carrying machinery to be used by the driver in the course of his or her work, the driver is covered by the exemption. It ensures consistency with a similar exemption under Article 3(aa) of Regulation (EC) 561/2006.2(h) this exemption is intended for entrepreneurs within agricultural, horticultural, farming or fishery undertakings, who occasionally transport their products. This also ensures consistency with a similar exemption under Article 13(1)(b) of Regulation (EC) 561/2006.Article 7 of Directive 2003/59/EC – Periodic trainingThe amendment results from the fact that the transition period in Article 4 has expired and that all holders of a CPC have to comply with the provisions on periodic training since 10 September 2016.The new wording ensures that the periodic training includes at least one subject on road safety and that the same subjects are not repeated within the same training. It also provides that the training is relevant for the work carried out by the specific driver and that it is up to date and relevant.Article 10 of Directive 2003/59/EC – Union codeParagraph 1 is amended to include a reference to the harmonised code 95 which was included in Annex I to Directive 2006/126/EC.The text is amended to ensure that all holders of a CPC are issued either with mutually recognised code 95 on their driving licence, or with a mutually recognised driver qualification card. This addresses mutual recognition difficulties when a driver obtains a CPC in a Member State which is not his place of normal residence and which issues only a code 95 on driving licences.A reference is added to ensure the mutual recognition of the driver attestation provided for in Regulation (EU) 1072/2009, including if the relevant Union code is not marked on it.Annex I to Directive 2003/59/EC – Minimum qualification and training requirementsThe reference to Decision 85/368/EEC, which was repealed, is replaced with a reference to Recommendation 2008/C 111/01 and the European Qualifications Framework (EQF). Since it is based on a recommendation, the EQF gives Member States more flexibility.Section 1 is updated to:better reflect the current state of technology and technical characteristics of vehicles, strengthen the focus on fuel efficient driving behaviour;reinforce safe driving be including the ability to anticipate, assess and adapt to risks in traffic;include references to the use of automatic transmission systems, to better reflect the current state of technology and the technical characteristics of vehicles;include the transport of dangerous goods, animal transport and disability awareness to provide a more comprehensive list of subjects, taking into account the different types of carriage of goods and passengers by road.Section 2 is amended to allow Member States to use ICT tools in training and allow them to combine the training object of the Directive with other forms of training required under EU legislation.Annex II to Directive 2003/59/EC – Arrangements for the European Union model for a driver qualification cardThe amendment of Annex II is limited to updates concerning the reference to the Union model driver qualification card and to take into account the reference to the harmonised Union code 95 provided in the Directive.Article 4 of Directive 2006/126/EC – Categories, definitions and minimum agesThe aim of this amendment is to eliminate legal uncertainty as regards the applicable minimum age requirements for certain vehicle categories, and provide for a harmonised EU-wide application of minimum ages.References to Directive 2003/59/EC are deleted in Article 4(4)(e), (g), (i) and (k), and a new paragraph 7 is inserted in Article 4 of Directive 2006/126/EC with a clear reference to when and under which conditions the lower minimum ages provided under Directive 2003/59/EC apply.2017/0015 (COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and Directive 2006/126/EC on driving licences(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national parliaments,Having regard to the opinion of the European Economic and Social Committee9,Having regard to the opinion of the Committee of the Regions10,Acting in accordance with the ordinary legislative procedure,Whereas:(1)In its White Paper of 28 March 201111the Commission sets out a 'vision zero' objective in which the Union should move close to zero fatalities in road transport by 2050.(2)The Commission, in its Communication on policy orientations on road safety for 2011-202012, proposed to further halve the overall number of road fatalities in the Union by 2020, starting from 2010. With a view to reaching this goal, the Commission laid down seven strategic objectives, including improving the education and training of road users and the protection of vulnerable road users.(3)Having evaluated the implementation of Directive 2003/59/EC of the European Parliament and of the Council13, the Commission identified a number of shortcomings. The main shortcomings identified were difficulties and legal uncertainty in the interpretation of exemptions; the content of the training, which was found to be only partially relevant for drivers' needs; difficulties for drivers in obtaining mutual recognition of completed or partially completed training undergone in another Member State; and inconsistencies of minimum age requirements between Directive 2003/59/EC and Directive 2006/126/EC of the European Parliament and of the Council14.(4)In order to improve legal clarity in Directive 2003/59/EC all references to repealed or replaced Union acts should be removed or amended.(5)In order to provide certainty and consistency with other Union acts , a number of changes should be made to the exemptions  to  Directive 2003/59/EC, taking into account similar exemptions under Regulation (EC) 561/2006 of the European Parliament and of the Council15.(6)Taking into account developments in training and education, and in order to enhance the contribution of Directive 2003/59/EC to road safety and the relevance of training for drivers, subjects relating to road safety, such as hazard perception, the protection of vulnerable road users, and fuel-efficient driving should be strengthened in the training courses.(7)Member States should be provided with a clear option to improve and modernise training practices with the use of ICT tools, such as e-learning and blended learning, for part of the training, while ensuring the quality of the training.(8)To ensure consistency between the different forms of training required under Union law, Member States should be provided with the possibility to combine different types of relevant training, such as training on the transport of dangerous goods, on disability awareness or on animal transport, with the training provided for in Directive 2003/59/EC.(9)To prevent differing practices between Member States from impeding mutual recognition and restricting the right of drivers to undergo the periodic training in the Member State where they work, Member State authorities should be required to issue the relevant document that will ensure mutual recognition for every driver who fulfils the requirements of Directive 2003/59/EC.(10)In order to provide legal clarity and ensure harmonised minimum age requirements for the purposes laid down in Directive 2003/59/EC, a clear derogation should be provided in Directive 2006/126/EC, stipulating that driving licences may be issued at the minimum ages provided for in Directive 2003/59/EC.(11)Since the objective of this Directive, namely the improvement of the EU-wide standard of initial qualification and periodic training for drivers of certain road vehicles for the carriage of goods or passengers, cannot be sufficiently achieved by the Member States but can rather, by reason of the cross-border nature of road transport and of the issues this Directive is intended to address, 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 Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(12)Directives 2003/59/EC and 2006/126/EC should therefore be amended accordingly,
Revised version (Article 4 Categories, definitions and minimum ages):
1. The driving licence provided for in Article 1 shall authorise the driving of power-driven vehicles in the categories defined hereafter. It may be issued from the minimum age indicated for each category. A ‘power-driven vehicle’ means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle. 2. mopeds: Category AM: — Two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h, as defined in Article 1(2)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles ( 1 ) (excluding those with a maximum design speed under or equal to 25 km/h), and light quadricycles as defined in Article 1(3)(a) of Directive 2002/24/EC, — the minimum age for category AM is fixed at 16 years; Category AM: — Two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h, as defined in Article 1(2)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles ( 1 ) (excluding those with a maximum design speed under or equal to 25 km/h), and light quadricycles as defined in Article 1(3)(a) of Directive 2002/24/EC, — the minimum age for category AM is fixed at 16 years; 3. motorcycles with or without a sidecar and motor tricycles: — ‘motorcycle’ means two-wheel vehicles with or without a sidecar, as defined in Article 1(2)(b) of Directive 2002/24/EC, — ‘motor tricycle’ means vehicles with three symmetrically arranged wheels, as defined in Article 1(2)(c) of Directive 2002/24/EC; (a) Category A1: — motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg, — motor tricycles with a power not exceeding 15 kW, — the minimum age for category A1 is fixed at 16 years; (b) Category A2: — motorcycles of a power not exceeding 35 kW and with a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than double its power, — the minimum age for category A2 is fixed at 18 years; (c) Category A: (i) motorcycles — The minimum age for category A is fixed at 20 years. However, access to the driving of motorcycles of this category shall be subject to a minimum of two years' experience on motorcycles under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old. (ii) motor tricycles with a power exceeding 15 kW — The minimum age for motor tricycles exceeding 15 kW is fixed at 21 years. 4. motor vehicles: — ‘motor vehicle’ means any power-driven vehicle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolleybuses, i.e. vehicles connected to an electric conductor and not rail-borne. It shall not include agricultural or forestry tractors, — ‘Agricultural or forestry tractor’ means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function; (a) Category B1: — quadricycles, as defined in Article 1(3)(b) of Directive 2002/24/EC, — the minimum age for category B1 is fixed at 16 years, — category B1 is optional; in Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles; (b) Category B: motor vehicles with a maximum authorised mass not exceeding 3 500 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg. Without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category may be combined with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of this combination does not exceed 4 250 kg. In case such a combination exceeds 3 500 kg, Member States shall, in accordance with the provisions of Annex V, require that this combination shall only be driven after: — a training has been completed, or — a test of skills and behaviour has been passed. Member States may also require both such a training and the passing of a test of skills and behaviour. Member States shall indicate the entitlement to drive such a combination on the driving licence by means of the relevant Community code. The minimum age for category B is fixed at 18 years; (c) Category BE: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles consisting of a tractor vehicle in category B and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg, — the minimum age for category BE is fixed at 18 years; (d) Category C1: motor vehicles other than those in categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg, but does not exceed 7 500 kg, and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; (e) Category C1E: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 000 kg, — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the combination does not exceed 12 000 kg, — the minimum age for categories C1 and C1E is fixed at 18 years; (f) Category C: motor vehicles other than those in categories D1 or D, whose maximum authorised mass is over 3 500 kg and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; (g) Category CE: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg, — the minimum age for categories C and CE is fixed at 21 years; (h) Category D1: motor vehicles designed and constructed for the carriage of no more than 16 passengers in addition to the driver and with a maximum length not exceeding 8 m; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; (i) Category D1E: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg, — the minimum age for categories D1 and D1E is fixed at 21 years; (j) Category D: motor vehicles designed and constructed for the carriage of more than eight passengers in addition to the driver; motor vehicles which may be driven with a category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; (k) Category DE: — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg, — the minimum age for categories D and DE is fixed at 24 years; 5. With the agreement of the Commission, Member States may exclude from the application of this Article certain specific types of power-driven vehicle such as special vehicles for disabled persons. Member States may exclude from the application of this Directive vehicles used by, or under the control of, the armed forces and civil defence. 6. Member States may raise or lower the minimum age for issuing a driving licence: (a) for category AM down to 14 years or up to 18 years; (b) for category B1 up to 18 years; (c) for category A1 up to 17 or 18 years, — if there is a two years difference between the minimum age for category A1 and the minimum age for category A2, and — there is a requirement of a minimum of two years experience on motorcycles of category A2 before access to the driving of motorcycles for category A can be granted, as referred to in Article 4(3)(c)(i); (d) for categories B and BE down to 17 years. Member States may lower the minimum age for category C to 18 years and for category D to 21 years with regard to: (a) vehicles used by the fire service and vehicles used for maintaining public order; (b) vehicles undergoing road tests for repair or maintenance purposes. Driving licences issued to persons at a lower age than set out in paragraphs 2 to 4 in accordance with this paragraph shall only be valid on the territory of the issuing Member State until the licence holder has reached the minimum age limit set out in paragraphs 2 to 4. Member States may recognise the validity on their territory of driving licences issued to drivers under the minimum ages set out in paragraphs 2 to 4. 7. By way of derogation from the minimum ages laid down in points (g), (i) and (k) of paragraph 4 of this Article, the minimum age for issuing a driving licence in categories C and CE; D1 and D1E; and D and DE respectively shall be the minimum age prescribed for the driving of such vehicles for holders of a CPC laid down in Article 5(2), the first paragraph of Article 5(3)(a)(i), the first paragraph of Article 5(3)(a)(ii) or point (b) of Article 5(3) of Directive 2003/59/EC of the European Parliament and of the Council ( 2 ) as applicable. Where, in accordance with the second paragraph of Article 5(3)(a)(i) or the second paragraph of Article 5(3)(a)(ii) of Directive 2003/59/EC, a Member State authorises driving within its territory from a lower age, the validity of the driving licence shall be limited to the territory of the issuing Member State until such time as the licence holder has reached the relevant minimum age referred to in the first subparagraph of this paragraph and holds a CPC.
Article 5 Conditions and restrictions
1. Driving licences shall state the conditions under which the driver is authorised to drive. 2. If, because of a physical disability, driving is authorised only for certain types of vehicle or for adapted vehicles, the test of skills and behaviour provided for in Article 7 shall be taken in such a vehicle.
Article 6 Staging and equivalences between categories
1. The issue of driving licences shall be subject to the following conditions: (a) licences for categories C1, C, D1 and D shall be issued only to drivers already entitled to drive vehicles in category B; (b) licences for categories BE, C1E, CE, D1E and DE shall be issued only to drivers already entitled to drive vehicles in categories B, C1, C, D1 and D respectively. 2. The validity of driving licences shall be determined as follows: (a) licences granted for categories C1E, CE, D1E or DE shall be valid for combinations of vehicles in category BE; (b) licences granted for category CE shall be valid for category DE as long as their holders are entitled to drive vehicles in category D; (c) licences granted for category CE and DE shall be valid for combinations of vehicles in categories C1E and D1E respectively; (d) licences granted for any category shall be valid for vehicles in category AM. However, for driving licences issued on its territory, a Member State may limit the equivalences for category AM to categories A1, A2 and A, if that Member State imposes a practical test as a condition for obtaining category AM; (e) licences issued for category A2 shall also be valid for category A1; (f) licences granted for categories A, B, C or D shall be valid for categories A1, A2, B1, C1, or D1 respectively. 3. For driving on their territory, Member States may grant the following equivalences: (a) motor tricycles under a licence for category B, for motor tricycles with a power exceeding 15 kW provided that the holder of the licence for category B is at least 21 years old; (b) category A1 motorcycles under a licence for category B. As this paragraph is only valid on their territories, Member States shall not indicate on the driving licence that a holder is entitled to drive these vehicles. 4. Member States may, after consulting the Commission, authorise the driving on their territory of: (a) vehicles of category D1 (with a maximum authorised mass of 3 500 kg, excluding any specialised equipment intended for the carriage of disabled passengers) by holders over 21 years old of a driving licence for category B which was obtained at least two years earlier provided that the vehicles are being used by non-commercial bodies for social purposes and that the driver provides his services on a voluntary basis; (b) vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the main purpose of the vehicles is to be used only when stationary as an instructional or recreational area, and that they are being used by non-commercial bodies for social purposes and that vehicles have been modified so that they may not be used either for the transport of more than nine persons or for the transport of any goods other than those strictly necessary for their purposes.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal Directive 2003/59/EC (‘the Directive’) lays down the initial qualification and periodic training requirements for professional drivers of trucks and buses, thus improving safety on European roads. The purpose of the Directive is to raise standards among new drivers and to maintain and improve the professional skills of existing truck and bus drivers throughout the EU. The Directive aims specifically to increase drivers’ awareness of the risks, with a view to reducing risks and increasing road safety. Moreover, the Directive lays down standards on professional skills to ensure fair competition throughout the EU. Member States have been given significant flexibility in how they implement the Directive, for example on the specific content of driver training and on administrative procedures and the structure of the training system. In July 2012, the European Commission published a Report on the implementation of the Directive which identified a number of shortcomings. The ex-post evaluation of the Directive, including a stakeholder consultation, was completed in October 2014. The evaluation concluded that the Directive had been implemented without major problems. It had improved labour mobility and contributed to the free movement of drivers. The evaluation also confirmed that the Directive had made an effective contribution to its primary objective of ensuring road safety. The evaluation also identified shortcomings that are hindering the effectiveness and consistency of the legal framework and undermining the original objectives of the Directive. These shortcomings are explained in section 3. Consistency with existing policy provisions in the policy area This Directive is an integral part of the general framework of EU legislation concerning professional drivers of trucks and buses. It is also closely linked to road safety, and works alongside other EU legislation, such as the Directive on driving licences 1 , the Directive on the transport of dangerous goods 2 and the rules on driving and resting times 3 . It also works alongside EU law on market access. The evaluation identified several specific issues regarding consistency with other EU legislation. In this regard, the objective is to ensure the consistency of EU legislation. Clarifying the mutual recognition of driver attestation for the purposes of the Directive would improve the internal consistency in the Directive between the provisions on the place of training and the administrative procedures for mutual recognition. Furthermore, it would improve consistency with Regulation 1072/2009, ensuring the mutual recognition of professional driver training, while also taking account of the recent evaluation of that Regulation. All policy options contribute to better training and therefore to improved road safety. This is compatible with the objectives of the Directive, the 2011 Transport white paper and the 2010 Communication ‘Towards a European road safety area: policy orientations on road safety 2011-2020’, in particular the objective of reducing considerably the number of accidents and injuries and halving fatalities over this period. One of the main objectives of the latter is to improve the education, training and post-licence training of road users. Consistency with other Union policies The White Paper on the future of transport policy promotes environmental sustainability through its target to reduce CO 2 transport emissions by 60 % by 2050. An even greater focus on training on fuel-efficient driving for professional drivers will reduce CO 2 emissions and fuel costs. The initiative is coherent with the present Commission's priority to boost jobs and growth. Modernised provisions on training contributes to the objectives of smart growth with an economy based on knowledge and innovation, where life-long learning and the capacity to adapt to technological innovations play an important role, as well as sustainable growth by promoting a more resource efficient, greener and more competitive economy and inclusive growth by fostering a high-employment economy. Furthermore, improved mutual recognition of drivers' training is consistent with the improvement of the single market, in particular labour mobility. Encouraging the use of ICT-tools is consistent with the policies under the Digital Single Market Strategy.

EUROPEAN COMMISSIONBrussels, 1.2.2017COM(2017) 47 final2017/0015(COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and Directive 2006/126/EC on driving licences(Text with EEA relevance){SWD(2017) 26 final}{SWD(2017) 27 final}EXPLANATORY MEMORANDUM1.CONTEXT OF THE PROPOSAL•Reasons for and objectives of the proposalDirective 2003/59/EC (‘the Directive’) lays down the initial qualification and periodic training requirements for professional drivers of trucks and buses, thus improving safety on European roads.The purpose of the Directive is to raise standards among new drivers and to maintain and improve the professional skills of existing truck and bus drivers throughout the EU. The Directive aims specifically to increase drivers’ awareness of the risks, with a view to reducing risks and increasing road safety. Moreover, the Directive lays down standards on professional skills to ensure fair competition throughout the EU.Member States have been given significant flexibility in how they implement the Directive, for example on the specific content of driver training and on administrative procedures and the structure of the training system.In July 2012, the European Commission published a Report on the implementation of the Directive which identified a number of shortcomings. The ex-post evaluation of the Directive, including a stakeholder consultation, was completed in October 2014.The evaluation concluded that the Directive had been implemented without major problems. It had improved labour mobility and contributed to the free movement of drivers. The evaluation alsoconfirmed that the Directive had made an effective contribution to its primary objective of ensuring road safety.The evaluation also identified shortcomings that are hindering the effectiveness and consistency of the legal framework and undermining the original objectives of the Directive. These shortcomings are explained in section 3.•Consistency with existing policy provisions in the policy areaThis Directive is an integral part of the general framework of EU legislation concerning professional drivers of trucks and buses. It is also closely linked to road safety, and works alongside other EU legislation, such as the Directive on driving licences1, the Directive on the transport of dangerous goods2and the rules on driving and resting times3. It also works alongside EU law on market access.The evaluation identified several specific issues regarding consistency with other EU legislation. In this regard, the objective is to ensure the consistency of EU legislation.Clarifying the mutual recognition of driver attestation for the purposes of the Directive would improve the internal consistency in the Directive between the provisions on the place of training and the administrative procedures for mutual recognition. Furthermore, it would improve consistency with Regulation 1072/2009, ensuring the mutual recognition of professional driver training, while also taking account of the recent evaluation of that Regulation.All policy options contribute to better training and therefore to improved road safety. This is compatible with the objectives of the Directive, the 2011 Transport white paper and the 2010 Communication ‘Towards a European road safety area: policy orientations on road safety 2011-2020’, in particular the objective of reducing considerably the number of accidents and injuries and halving fatalities over this period.  One of the main objectives of the latter is to improve the education, training and post-licence training of road users.•Consistency with other Union policiesThe White Paper on the future of transport policy promotes environmental sustainability through its target to reduce CO2transport emissions by 60 % by 2050. An even greater focus on training on fuel-efficient driving for professional drivers will reduce CO2emissions and fuel costs.The initiative is coherent with the present Commission's priority to boost jobs and growth. Modernised provisions on training contributes to the objectives of smart growth with an economy based on knowledge and innovation, where life-long learning and the capacity to adapt to technological innovations play an important role, as well as sustainable growth by promoting a more resource efficient, greener and more competitive economy and inclusive growth by fostering a high-employment economy. Furthermore, improved mutual recognition of drivers' training is consistent with the improvement of the single market, in particular labour mobility.Encouraging the use of ICT-tools is consistent with the policies under the Digital Single Market Strategy.2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY•Legal basisThe legal basis for the Directive on training for professional drivers (2003/59/EC) and for the proposed amendment is Article 91(1)(c) of the Treaty on the Functioning of the EU (TFEU)4(formerly Article 71 TEC).This article provides the basis for the adoption of EU legislation to improve transport safety, including road safety.•Subsidiarity (for non-exclusive competence)The EU shares competence with Member States to regulate in the field of transport pursuant to Article 4(2) (g) TFEU. The EU can only legislate as far as the Treaties allow it, with due consideration being accorded to the principles of necessity, subsidiarity and proportionality5.Around 33% of all journeys made by heavy goods vehicles in the EU cross borders between Member States. Around 8 % of cross-border transport in the EU involves busses or coaches. These figures have been rising over the last few years.The problem of the mutual recognition of periodic training followed in another Member State cannot be solved effectively by individual Member States acting alone. Although issuing driver qualification cards, as already provided for in the Directive, would resolve the situation, the current legislation makes this optional. Eight Member States have chosen not to use this option, despite the efforts made through the CPC (certificate of professional competence) committee to resolve the issue by non-legislative action. Thus, EU legislative action is necessary to ensure that administrative practices in the Member States enable the mutual recognition of training within the EU. Possible bilateral agreements between some Member States cannot effectively ensure mutual recognition EU-wide.Different interpretations of the Directive and different practices applied by Member States negatively affect the functioning of the single market.Attempts already made to align understanding and application across Member States through non-legislative actions, such as issuing guidance notes or discussions at the CPC committee, have not yielded sufficient results. Only common EU rules can create a level playing field for road transport operators while ensuring a minimum level of road safety.Furthermore, since specific training on dangerous goods, disability awareness and animal welfare are required by EU law, it is the EU’s role to provide legal clarity and ensure consistency between the different instruments of EU law.As regards periodic training, some Member States have deviated from the safety objectives by allowing the same course module to be taken several times or offering a full training course that does not cover safety issues. While it is and should remain primarily for the Member States to adapt training to national needs and priorities, it is for the EU to ensure that the minimum level of training content is consistent with the overall policy objectives.•ProportionalityAs indicated in point 7 of the impact assessment report, the problems identified are best addressed at EU level in the form of an amended Directive that provides clarity on certain elements and sets out better harmonised minimum requirements, while still offering Member States some flexibility.A revised Directive is a proportionate measure because it would enable further harmonisation of training requirements to resolve some of the issues while still leaving flexibility for Member States to adapt the implementation of parts of the training to their economic and social environment and to the specific needs and characteristics of its road transport sector.An EU directive would ensure that appropriate minimum training requirements are applied and that training is recognised EU-wide.•Choice of the instrumentConsidering the limited number of changes proposed, and taking into account that the original legal act is a directive, this is considered to be the most appropriate instrument.3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS•Ex-post evaluations/fitness checks of existing legislationThe evaluation concluded that the Directive was implemented in the Member States without major problems; it has improved labour mobility and contributes to ensuring free movement of drivers. The evaluation furthermoreconfirmed that the Directive effectively contributes to its main objective of ensuring the road safety together with the legislation mentioned above.Furthermore, while the ex-post evaluation showed that the Directive has, overall, had a positive effect on the sector, it also identified shortcomings that hinder the effectiveness and consistency of the legal framework and undermine the objectives of the Directive.The main shortcomings identified were:(1)difficulties for drivers to obtain recognition of completed/partially-completed training undergone in another Member State;(2)content of the training only partially relevant for drivers' needs;(3)difficulties and legal uncertainties in the interpretation of exemptions;(4)inconsistencies in minimum age requirements between the Directive on the training of professional drivers (2003/59/EC) and the Directive on driving licences (2006/126/EC), ambiguity regarding the possibility to combine professional driver training with other training courses required under EU law (i.e. hazardous goods (ADR), passenger rights and animal welfare training), and the lack of clarity regarding the use of ICT in training courses (e.g. elearning/blended learning).The objective of the proposal is to deal appropriately with the identified shortcomings.•Stakeholder consultationsBefore the legislative proposal was drafted, stakeholder consultations were conducted to gather as many comments and suggestions as possible from the individuals and bodies concerned. This exercise complied with the minimum standards for the consultation of interested parties set out in the Commission Communication of 11 December 2002 (COM(2002) 704 final).The consultation process included two types of actions – opinion gathering and data collection. Open and targeted consultation methods and various consultation tools were used.As for theopen consultation,an internet-basedpublic consultationtook place between 17 July and 25 October 2013. The Commission received 395 contributions, 203 respondents participated as private individuals 192 replied on behalf of institutions orinterest representations. 58 respondents are registered in the Transparency Register of the European Parliament and of the European Commission.Participants emphasised the importance of ongoing EU action in the field of qualifications and training for professional drivers. Stakeholders consider that the Directive contributed only insufficiently to achieving its objectives, namely increased road safety, developing the skills of professional drivers, driver mobility and the creation of a level playing field for drivers and businesses. Opinion was divided, however, on the concrete measures needed to address these difficulties.The consultation paper, the contributions received, a summary of these contributions and the report on the stakeholder conference of 6 March 2014 are available on the website of the road safety unit of DG MOVE and on the “Your voice in Europe” website6.Thetargeted consultationprocess included the following elements:The Commission presented the initiative in the framework of thesocial dialoguewith the road transport social partners on 24 June 2013 and with the urban public transport on 25 September 20137. The main findings of the open public consultation were presented again to the road transport social partners on 25 April 2014. The key issues addressed in the proposal were presented to social partners on 19 November 2014. On that occasion, the social partners expressed their support for having legislation at EU level in this field and had no objections to the objectives proposed by the Commission.On 6 March 2014 ahearing of stakeholderswas held in Brussels with the participation of delegations from around 100 organisations representing haulage operators, passenger transport operators, workers, training providers and national administrations. The conference confirmed the findings of the open public consultation (see above). The report on the conference is available on the website of the road safety unit of DG MOVE.On 23 January 2014 the Commission held aninformal workshopwith Member States to discuss minimum age requirements and the structure of the training in the context of a possible review of the Directive. At the meeting of the CPC committee on 23 October 2014 the last part of the meeting was dedicated to an informal discussion with Member States on how to improve mutual recognition. The CPC committee met again on the 9 October 2015, when the ongoing review of Directive was discussed. As regards mutual recognition of periodic training, the participants expressed concern about Member States applying different practices and generally saw the need for a harmonised approach. The importance of keeping the Directive up to date as regards technological progress was highlighted, as was the need for additional clarity on some aspects, such as e-learning.Aquestionnairewas sent to Member State authorities in December 2013 in the course of the support study to collect detailed information on the implementation of the Directive. The questionnaires were distributed among the DG MOVE CPC committee members. In April 2014, a follow-up data request was sent to collect additional quantitative information on specific points relating to the Directive.In addition, the contractor together with the European Transport Workers Federation (ETF) developed a questionnaire about possible barriers to the free movement of drivers. This questionnaire was submitted to the EU members of ETF in April 2014.Targeted interviewswere carried out in the course of the support study to supplement the data obtained using the other methods, investigate certain specific issues, strengthen findings, or seek clarifications on the answers given by stakeholders to questionnaires. Interviews were held with a number of stakeholders, ranging from public entities to relevant transport associations.The results of the consultation showed a general agreement on the need to improve the implementation of the Directive without substantial changes to its content. There was support for a cost effective solution to the problem of mutual recognition; however, the views on the most suitable measures to achieve it were diverging. Stakeholders also agreed that training could be better adapted to the driver's needs. Vulnerable road users were considered to be one of the priorities for the road safety content of training by some stakeholders. The clarification of the exemptions and its alignment in the CPC Directive and working time rules were generally welcomed, but not a change in its scope. On the issue of minimum age, stakeholder's opinions differ, the industry and Member States being generally in favour of the proposed modification. The possibility to use ICT tools or to combine mandatory trainings was also generally welcomed.•Collection and use of expertiseAn external contractor assisted with an ex-post evaluation report and a support study for the Impact Assessment8, which were concluded in October 2014.•Impact assessmentThe initiative is supported by an Impact Assessment, which has received a positive opinion from the Regulatory Scrutiny Board.Given the independent nature of the three main problems identified, the Impact Assessment considers three sets of policy options according to three main fields of intervention: mutual recognition, training content, and legal clarity and consistency.The preferred solution to ensure mutual recognition involves issuing driver qualification cards to foreigners. This solution was compared with the possibility of recognising training through the RESPER driving licence information system or a recognised certificate.The preferred solution for addressing the training content is to strengthen content on road safety and fuel efficiency in the training courses and make it clear that it is possible to use elearning/blended learning in the training courses. For legal clarity and consistency, the preferred solution is to clarify the lower age limit that applies and the scope of exemptions and to spell out to the national authorities that the training can be combined with other training courses required under EU law. All policy measures were compared to a baseline scenario.The preferred option corrects the existing problem of mutual recognition which could affect around 46 700 drivers (2016). Given the repetitive nature of the training, in the next 15 years the total number of such cases could reach 100 000. Strengthening training content will have a positive impact on road safety and fuel efficiency. Due to the complementary nature of the Directive to a number factors affecting road safety and fuel efficiency, the attributed expected effect are quite limited. The preferred option leads to consistent application of exemptions and minimum age to access the profession, which, as pointed out by the industry, could mitigate a growing shortage of drivers entering the profession.The proposal is in line with the preferred option in the Impact Assessment.•Regulatory fitness and simplificationThe proposal is pursuing the following REFIT objective: By ensuring smoother administrative practices for mutual recognition administrative costs for business and administrations could be reduced. A revision would make it possible to resolve the issues related to mutual recognition at the lowest costs. This is estimated at EUR 6.3 million for the period of 2018 – 2030. This change will bring benefits to the industry in terms of the costs savings, which account over the period 2018 – 2030 for 2.3 million and 6.7 million euros for businesses and drivers respectively. Furthermore, it will make the training system more effective by revising the content of initial and periodic training to provide for further safety and environmental benefits. This will mitigate the transitional costs (in total EUR 14.1 million for 2018 – 2030) related to the change of the content.A large share of transport businesses are microenterprises or small and medium-sized businesses (SMEs). Overall, 65-95 % of companies in this sector have fewer than ten employees. The Directive does not exempt microenterprises or SMEs from its scope and they will be affected, primarily through simplification of the mutual recognition process, changes of the training content and the more consistent application of exemptions.•Fundamental rightsNo absolute rights are to be affected and no non-absolute rights from the Charter for fundamental rights will be limited by the policy objectives. The general policy objective is to improve the implementation of the fundamental rights set in the Charter within the EUacquis, as supporting the safety of transport workers is one of the key objectives of the legislation.4.BUDGETARY IMPLICATIONSThe proposal will have no implications on the Union budget.5.OTHER ELEMENTS•Implementation plans and monitoring, evaluation and reporting arrangementsIt is crucial to monitor the measures to ensure that the general and specific objectives are achieved in an effective and efficient manner. To this end the Commission set up a list of indicators that will help further evaluate the Directive.The Commission will remain in close contact with the Member States and with the relevant stakeholders to monitor the effects of the new qualification and training requirements. The CPC committee represents an excellent forum for the exchange of information with the Member States. The Commission will also stay in contact with the social partners. The sectorial social dialogue committee can be used to exchange information with social partners.The Commission will conduct a detailed transposition assessment after expiry of the deadline set in this Directive expires.•Explanatory documents (for directives)Considering the scope of the proposal, the fact that it only amends Directive 2003/59/EC and Directive 2006/126/EC, both of which all Member States have transposed in full, it does not seem justified or proportional to require explanatory documents.•Detailed explanation of the specific provisions of the proposalIn addition to certain minor linguistic and editorial changes, as well as updates of reference to other EU legislation, the main elements of proposal are:Article 2 of Directive 2003/59/EC – ExemptionsThe wording of the exemptions is amended to make them clearer and consistent with those under Regulation (EC) 561/2006, as follows:2(b) the amendment clarifies that the vehicles cannot be used for other purposes than the one they have been assigned as stated in the exemption. This means that e.g. if a fire truck is used as an attraction at a fun fair, the driver is not exempt. Adding this phrase also ensures consistency with the similar exemption in Article 3(c) of Regulation (EC) 561/2006.2(d) the amendment clarifies that vehicles used for the non-commercial transport of humanitarian aid are also covered by the exemption when used in states of emergency or assigned to rescue missions; it ensures consistency with Article 3(d) of Regulation (EC) 561/2006.2(e) two clarifications are made: firstly, that the vehicles can be used not only during driving lessons, but also during the driving examination; secondly, that the exemption covers driving solely for the purposes of training and instruction; it cannot be combined with commercial transport operations. These are consistent with similar exemptions under Articles 3(d) and 13(1)(g) of Regulation (EC) 561/2006 respectively.2(f) the amendment clarifies that exempted non-commercial transport does not have to be for the ‘personal use’ of the driver (e.g. non-commercial transport for charities or non-profit organisations). This ensures consistency with similar exemptions under Articles 3(h) and 13(i) of Regulation (EC) 561/2006.2(g) the word ‘machinery’ is added to clarify that also if the driver is carrying machinery to be used by the driver in the course of his or her work, the driver is covered by the exemption. It ensures consistency with a similar exemption under Article 3(aa) of Regulation (EC) 561/2006.2(h) this exemption is intended for entrepreneurs within agricultural, horticultural, farming or fishery undertakings, who occasionally transport their products. This also ensures consistency with a similar exemption under Article 13(1)(b) of Regulation (EC) 561/2006.Article 7 of Directive 2003/59/EC – Periodic trainingThe amendment results from the fact that the transition period in Article 4 has expired and that all holders of a CPC have to comply with the provisions on periodic training since 10 September 2016.The new wording ensures that the periodic training includes at least one subject on road safety and that the same subjects are not repeated within the same training. It also provides that the training is relevant for the work carried out by the specific driver and that it is up to date and relevant.Article 10 of Directive 2003/59/EC – Union codeParagraph 1 is amended to include a reference to the harmonised code 95 which was included in Annex I to Directive 2006/126/EC.The text is amended to ensure that all holders of a CPC are issued either with mutually recognised code 95 on their driving licence, or with a mutually recognised driver qualification card. This addresses mutual recognition difficulties when a driver obtains a CPC in a Member State which is not his place of normal residence and which issues only a code 95 on driving licences.A reference is added to ensure the mutual recognition of the driver attestation provided for in Regulation (EU) 1072/2009, including if the relevant Union code is not marked on it.Annex I to Directive 2003/59/EC – Minimum qualification and training requirementsThe reference to Decision 85/368/EEC, which was repealed, is replaced with a reference to Recommendation 2008/C 111/01 and the European Qualifications Framework (EQF). Since it is based on a recommendation, the EQF gives Member States more flexibility.Section 1 is updated to:better reflect the current state of technology and technical characteristics of vehicles, strengthen the focus on fuel efficient driving behaviour;reinforce safe driving be including the ability to anticipate, assess and adapt to risks in traffic;include references to the use of automatic transmission systems, to better reflect the current state of technology and the technical characteristics of vehicles;include the transport of dangerous goods, animal transport and disability awareness to provide a more comprehensive list of subjects, taking into account the different types of carriage of goods and passengers by road.Section 2 is amended to allow Member States to use ICT tools in training and allow them to combine the training object of the Directive with other forms of training required under EU legislation.Annex II to Directive 2003/59/EC – Arrangements for the European Union model for a driver qualification cardThe amendment of Annex II is limited to updates concerning the reference to the Union model driver qualification card and to take into account the reference to the harmonised Union code 95 provided in the Directive.Article 4 of Directive 2006/126/EC – Categories, definitions and minimum agesThe aim of this amendment is to eliminate legal uncertainty as regards the applicable minimum age requirements for certain vehicle categories, and provide for a harmonised EU-wide application of minimum ages.References to Directive 2003/59/EC are deleted in Article 4(4)(e), (g), (i) and (k), and a new paragraph 7 is inserted in Article 4 of Directive 2006/126/EC with a clear reference to when and under which conditions the lower minimum ages provided under Directive 2003/59/EC apply.2017/0015 (COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and Directive 2006/126/EC on driving licences(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national parliaments,Having regard to the opinion of the European Economic and Social Committee9,Having regard to the opinion of the Committee of the Regions10,Acting in accordance with the ordinary legislative procedure,Whereas:(1)In its White Paper of 28 March 201111the Commission sets out a 'vision zero' objective in which the Union should move close to zero fatalities in road transport by 2050.(2)The Commission, in its Communication on policy orientations on road safety for 2011-202012, proposed to further halve the overall number of road fatalities in the Union by 2020, starting from 2010. With a view to reaching this goal, the Commission laid down seven strategic objectives, including improving the education and training of road users and the protection of vulnerable road users.(3)Having evaluated the implementation of Directive 2003/59/EC of the European Parliament and of the Council13, the Commission identified a number of shortcomings. The main shortcomings identified were difficulties and legal uncertainty in the interpretation of exemptions; the content of the training, which was found to be only partially relevant for drivers' needs; difficulties for drivers in obtaining mutual recognition of completed or partially completed training undergone in another Member State; and inconsistencies of minimum age requirements between Directive 2003/59/EC and Directive 2006/126/EC of the European Parliament and of the Council14.(4)In order to improve legal clarity in Directive 2003/59/EC all references to repealed or replaced Union acts should be removed or amended.(5)In order to provide certainty and consistency with other Union acts , a number of changes should be made to the exemptions  to  Directive 2003/59/EC, taking into account similar exemptions under Regulation (EC) 561/2006 of the European Parliament and of the Council15.(6)Taking into account developments in training and education, and in order to enhance the contribution of Directive 2003/59/EC to road safety and the relevance of training for drivers, subjects relating to road safety, such as hazard perception, the protection of vulnerable road users, and fuel-efficient driving should be strengthened in the training courses.(7)Member States should be provided with a clear option to improve and modernise training practices with the use of ICT tools, such as e-learning and blended learning, for part of the training, while ensuring the quality of the training.(8)To ensure consistency between the different forms of training required under Union law, Member States should be provided with the possibility to combine different types of relevant training, such as training on the transport of dangerous goods, on disability awareness or on animal transport, with the training provided for in Directive 2003/59/EC.(9)To prevent differing practices between Member States from impeding mutual recognition and restricting the right of drivers to undergo the periodic training in the Member State where they work, Member State authorities should be required to issue the relevant document that will ensure mutual recognition for every driver who fulfils the requirements of Directive 2003/59/EC.(10)In order to provide legal clarity and ensure harmonised minimum age requirements for the purposes laid down in Directive 2003/59/EC, a clear derogation should be provided in Directive 2006/126/EC, stipulating that driving licences may be issued at the minimum ages provided for in Directive 2003/59/EC.(11)Since the objective of this Directive, namely the improvement of the EU-wide standard of initial qualification and periodic training for drivers of certain road vehicles for the carriage of goods or passengers, cannot be sufficiently achieved by the Member States but can rather, by reason of the cross-border nature of road transport and of the issues this Directive is intended to address, 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 Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(12)Directives 2003/59/EC and 2006/126/EC should therefore be amended accordingly,
Revised version (Article 6 Staging and equivalences between categories):
1. The issue of driving licences shall be subject to the following conditions: (a) licences for categories C1, C, D1 and D shall be issued only to drivers already entitled to drive vehicles in category B; (b) licences for categories BE, C1E, CE, D1E and DE shall be issued only to drivers already entitled to drive vehicles in categories B, C1, C, D1 and D respectively. 2. The validity of driving licences shall be determined as follows: (a) licences granted for categories C1E, CE, D1E or DE shall be valid for combinations of vehicles in category BE; (b) licences granted for category CE shall be valid for category DE as long as their holders are entitled to drive vehicles in category D; (c) licences granted for category CE and DE shall be valid for combinations of vehicles in categories C1E and D1E respectively; (d) licences granted for any category shall be valid for vehicles in category AM. However, for driving licences issued on its territory, a Member State may limit the equivalences for category AM to categories A1, A2 and A, if that Member State imposes a practical test as a condition for obtaining category AM; (e) licences issued for category A2 shall also be valid for category A1; (f) licences granted for categories A, B, C or D shall be valid for categories A1, A2, B1, C1, or D1 respectively. 3. For driving on their territory, Member States may grant the following equivalences: (a) motor tricycles under a licence for category B, for motor tricycles with a power exceeding 15 kW provided that the holder of the licence for category B is at least 21 years old; (b) category A1 motorcycles under a licence for category B. As this paragraph is only valid on their territories, Member States shall not indicate on the driving licence that a holder is entitled to drive these vehicles. 4. Member States may, after consulting the Commission, authorise the driving on their territory of: (a) vehicles of category D1 (with a maximum authorised mass of 3 500 kg, excluding any specialised equipment intended for the carriage of disabled passengers) by holders over 21 years old of a driving licence for category B which was obtained at least two years earlier provided that the vehicles are being used by non-commercial bodies for social purposes and that the driver provides his services on a voluntary basis; (b) vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the main purpose of the vehicles is to be used only when stationary as an instructional or recreational area, and that they are being used by non-commercial bodies for social purposes and that vehicles have been modified so that they may not be used either for the transport of more than nine persons or for the transport of any goods other than those strictly necessary for their purposes; (c) alternatively fuelled vehicles referred to in Article 2 of Council Directive 96/53/EC ( 3 ) with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg for the transport of goods operating without a trailer by holders of a category B driving licence which was issued at least two years before, provided that the mass in excess of 3 500 kg is due exclusively to the excess of mass of the propulsion system in relation to the propulsion system of a vehicle of the same dimensions, which is equipped with a conventional internal combustion engine with positive ignition or compression ignition, and provided that the cargo capacity is not increased in relation to the same vehicle.
Article 7 Issue, validity and renewal
1. Driving licences shall be issued only to those applicants: (a) who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance with the provisions of Annexes II and III; (b) who have passed a theory test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour and a medical examination for this category. For tricycles and quadricycles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a national code may be inserted on the driving licence; (b) who have passed a theory test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour and a medical examination for this category. For tricycles and quadricycles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a national code may be inserted on the driving licence; (c) who have, as regards category A2 or category A, on the condition of having acquired a minimum of 2 years' experience on a motorcycle in category A1 or in category A2 respectively, passed a test of skills and behaviour only, or completed a training pursuant to Annex VI; (d) who have completed a training or passed a test of skills and behaviour, or completed a training and passed a test of skills and behaviour pursuant to Annex V as regards category B for driving a vehicle combination as defined in the second subparagraph of Article 4(4)(b); (e) who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months. (a) As from 19 January 2013, licences issued by Member States for categories AM, A1, A2, A, B, B1 and BE shall have an administrative validity of 10 years. A Member State may choose to issue such licences with an administrative validity of up to 15 years; (a) As from 19 January 2013, licences issued by Member States for categories AM, A1, A2, A, B, B1 and BE shall have an administrative validity of 10 years. A Member State may choose to issue such licences with an administrative validity of up to 15 years; (b) As from 19 January 2013, licences issued by Member States for categories C, CE, C1, C1E, D, DE, D1, D1E shall have an administrative validity of 5 years; (c) The renewal of a driving licence may trigger a new administrative validity period for another category or categories the licence holder is entitled to drive, insofar as this is in conformity with the conditions laid down in this Directive; (d) The presence of a microchip pursuant to Article 1 shall not be a prerequisite for the validity of a driving licence. The loss or unreadability of the microchip, or any other damage thereto, shall not affect the validity of the document. 3. The renewal of driving licences when their administrative validity expires shall be subject to: (a) continuing compliance with the minimum standards of physical and mental fitness for driving set out in Annex III for driving licences in categories C, CE, C1, C1E, D, DE, D1, D1E; and (b) normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months. Member States may, when renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III. Member States may limit the period of administrative validity set out in paragraph 2 of driving licences issued to novice drivers for any category in order to apply specific measures to such drivers, aiming at improving road safety. Member States may limit the period of administrative validity of the first licence issued to novice drivers for categories C and D to 3 years in order to be able to apply specific measures to such drivers, so as to improve their road safety. Member States may limit the period of administrative validity set out in paragraph 2 of individual driving licences for any category in case it is found necessary to apply an increased frequency of medical checks or other specific measures such as restrictions for traffic offenders. Member States may reduce the period of administrative validity set out in paragraph 2 of driving licences of holders residing on their territory having reached the age of 50 years in order to apply an increased frequency of medical checks or other specific measures such as refresher courses. This reduced period of administrative validity can only be applied upon renewing the driving licence. 4. Without prejudice to national criminal and police laws, Member States may, after consulting the Commission, apply to the issuing of driving licences the provisions of their national rules relating to conditions other than those referred to in this Directive. (a) No person may hold more than one driving licence; (b) A Member State shall refuse to issue a licence where it establishes that the applicant already holds a driving licence; (c) Member States shall take the necessary measures pursuant to point (b). The necessary measures as regards the issue, replacement, renewal or exchange of a driving licence shall be to verify with other Member States where there are reasonable grounds to suspect that the applicant is already the holder of another driving licence; (d) In order to facilitate the checks pursuant to point (b), Member States shall use the EU driving licence network once it is operational. Without prejudice to Article 2, a Member State issuing a licence shall apply due diligence to ensure that a person fulfils the requirements set out in paragraph 1 of this Article and shall apply its national provisions on the cancellation or withdrawal of the right to drive if it is established that a licence has been issued without the requirements having been met.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal Directive 2003/59/EC (‘the Directive’) lays down the initial qualification and periodic training requirements for professional drivers of trucks and buses, thus improving safety on European roads. The purpose of the Directive is to raise standards among new drivers and to maintain and improve the professional skills of existing truck and bus drivers throughout the EU. The Directive aims specifically to increase drivers’ awareness of the risks, with a view to reducing risks and increasing road safety. Moreover, the Directive lays down standards on professional skills to ensure fair competition throughout the EU. Member States have been given significant flexibility in how they implement the Directive, for example on the specific content of driver training and on administrative procedures and the structure of the training system. In July 2012, the European Commission published a Report on the implementation of the Directive which identified a number of shortcomings. The ex-post evaluation of the Directive, including a stakeholder consultation, was completed in October 2014. The evaluation concluded that the Directive had been implemented without major problems. It had improved labour mobility and contributed to the free movement of drivers. The evaluation also confirmed that the Directive had made an effective contribution to its primary objective of ensuring road safety. The evaluation also identified shortcomings that are hindering the effectiveness and consistency of the legal framework and undermining the original objectives of the Directive. These shortcomings are explained in section 3. Consistency with existing policy provisions in the policy area This Directive is an integral part of the general framework of EU legislation concerning professional drivers of trucks and buses. It is also closely linked to road safety, and works alongside other EU legislation, such as the Directive on driving licences 1 , the Directive on the transport of dangerous goods 2 and the rules on driving and resting times 3 . It also works alongside EU law on market access. The evaluation identified several specific issues regarding consistency with other EU legislation. In this regard, the objective is to ensure the consistency of EU legislation. Clarifying the mutual recognition of driver attestation for the purposes of the Directive would improve the internal consistency in the Directive between the provisions on the place of training and the administrative procedures for mutual recognition. Furthermore, it would improve consistency with Regulation 1072/2009, ensuring the mutual recognition of professional driver training, while also taking account of the recent evaluation of that Regulation. All policy options contribute to better training and therefore to improved road safety. This is compatible with the objectives of the Directive, the 2011 Transport white paper and the 2010 Communication ‘Towards a European road safety area: policy orientations on road safety 2011-2020’, in particular the objective of reducing considerably the number of accidents and injuries and halving fatalities over this period. One of the main objectives of the latter is to improve the education, training and post-licence training of road users. Consistency with other Union policies The White Paper on the future of transport policy promotes environmental sustainability through its target to reduce CO 2 transport emissions by 60 % by 2050. An even greater focus on training on fuel-efficient driving for professional drivers will reduce CO 2 emissions and fuel costs. The initiative is coherent with the present Commission's priority to boost jobs and growth. Modernised provisions on training contributes to the objectives of smart growth with an economy based on knowledge and innovation, where life-long learning and the capacity to adapt to technological innovations play an important role, as well as sustainable growth by promoting a more resource efficient, greener and more competitive economy and inclusive growth by fostering a high-employment economy. Furthermore, improved mutual recognition of drivers' training is consistent with the improvement of the single market, in particular labour mobility. Encouraging the use of ICT-tools is consistent with the policies under the Digital Single Market Strategy.

EUROPEAN COMMISSIONBrussels, 1.2.2017COM(2017) 47 final2017/0015(COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and Directive 2006/126/EC on driving licences(Text with EEA relevance){SWD(2017) 26 final}{SWD(2017) 27 final}EXPLANATORY MEMORANDUM1.CONTEXT OF THE PROPOSAL•Reasons for and objectives of the proposalDirective 2003/59/EC (‘the Directive’) lays down the initial qualification and periodic training requirements for professional drivers of trucks and buses, thus improving safety on European roads.The purpose of the Directive is to raise standards among new drivers and to maintain and improve the professional skills of existing truck and bus drivers throughout the EU. The Directive aims specifically to increase drivers’ awareness of the risks, with a view to reducing risks and increasing road safety. Moreover, the Directive lays down standards on professional skills to ensure fair competition throughout the EU.Member States have been given significant flexibility in how they implement the Directive, for example on the specific content of driver training and on administrative procedures and the structure of the training system.In July 2012, the European Commission published a Report on the implementation of the Directive which identified a number of shortcomings. The ex-post evaluation of the Directive, including a stakeholder consultation, was completed in October 2014.The evaluation concluded that the Directive had been implemented without major problems. It had improved labour mobility and contributed to the free movement of drivers. The evaluation alsoconfirmed that the Directive had made an effective contribution to its primary objective of ensuring road safety.The evaluation also identified shortcomings that are hindering the effectiveness and consistency of the legal framework and undermining the original objectives of the Directive. These shortcomings are explained in section 3.•Consistency with existing policy provisions in the policy areaThis Directive is an integral part of the general framework of EU legislation concerning professional drivers of trucks and buses. It is also closely linked to road safety, and works alongside other EU legislation, such as the Directive on driving licences1, the Directive on the transport of dangerous goods2and the rules on driving and resting times3. It also works alongside EU law on market access.The evaluation identified several specific issues regarding consistency with other EU legislation. In this regard, the objective is to ensure the consistency of EU legislation.Clarifying the mutual recognition of driver attestation for the purposes of the Directive would improve the internal consistency in the Directive between the provisions on the place of training and the administrative procedures for mutual recognition. Furthermore, it would improve consistency with Regulation 1072/2009, ensuring the mutual recognition of professional driver training, while also taking account of the recent evaluation of that Regulation.All policy options contribute to better training and therefore to improved road safety. This is compatible with the objectives of the Directive, the 2011 Transport white paper and the 2010 Communication ‘Towards a European road safety area: policy orientations on road safety 2011-2020’, in particular the objective of reducing considerably the number of accidents and injuries and halving fatalities over this period.  One of the main objectives of the latter is to improve the education, training and post-licence training of road users.•Consistency with other Union policiesThe White Paper on the future of transport policy promotes environmental sustainability through its target to reduce CO2transport emissions by 60 % by 2050. An even greater focus on training on fuel-efficient driving for professional drivers will reduce CO2emissions and fuel costs.The initiative is coherent with the present Commission's priority to boost jobs and growth. Modernised provisions on training contributes to the objectives of smart growth with an economy based on knowledge and innovation, where life-long learning and the capacity to adapt to technological innovations play an important role, as well as sustainable growth by promoting a more resource efficient, greener and more competitive economy and inclusive growth by fostering a high-employment economy. Furthermore, improved mutual recognition of drivers' training is consistent with the improvement of the single market, in particular labour mobility.Encouraging the use of ICT-tools is consistent with the policies under the Digital Single Market Strategy.2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY•Legal basisThe legal basis for the Directive on training for professional drivers (2003/59/EC) and for the proposed amendment is Article 91(1)(c) of the Treaty on the Functioning of the EU (TFEU)4(formerly Article 71 TEC).This article provides the basis for the adoption of EU legislation to improve transport safety, including road safety.•Subsidiarity (for non-exclusive competence)The EU shares competence with Member States to regulate in the field of transport pursuant to Article 4(2) (g) TFEU. The EU can only legislate as far as the Treaties allow it, with due consideration being accorded to the principles of necessity, subsidiarity and proportionality5.Around 33% of all journeys made by heavy goods vehicles in the EU cross borders between Member States. Around 8 % of cross-border transport in the EU involves busses or coaches. These figures have been rising over the last few years.The problem of the mutual recognition of periodic training followed in another Member State cannot be solved effectively by individual Member States acting alone. Although issuing driver qualification cards, as already provided for in the Directive, would resolve the situation, the current legislation makes this optional. Eight Member States have chosen not to use this option, despite the efforts made through the CPC (certificate of professional competence) committee to resolve the issue by non-legislative action. Thus, EU legislative action is necessary to ensure that administrative practices in the Member States enable the mutual recognition of training within the EU. Possible bilateral agreements between some Member States cannot effectively ensure mutual recognition EU-wide.Different interpretations of the Directive and different practices applied by Member States negatively affect the functioning of the single market.Attempts already made to align understanding and application across Member States through non-legislative actions, such as issuing guidance notes or discussions at the CPC committee, have not yielded sufficient results. Only common EU rules can create a level playing field for road transport operators while ensuring a minimum level of road safety.Furthermore, since specific training on dangerous goods, disability awareness and animal welfare are required by EU law, it is the EU’s role to provide legal clarity and ensure consistency between the different instruments of EU law.As regards periodic training, some Member States have deviated from the safety objectives by allowing the same course module to be taken several times or offering a full training course that does not cover safety issues. While it is and should remain primarily for the Member States to adapt training to national needs and priorities, it is for the EU to ensure that the minimum level of training content is consistent with the overall policy objectives.•ProportionalityAs indicated in point 7 of the impact assessment report, the problems identified are best addressed at EU level in the form of an amended Directive that provides clarity on certain elements and sets out better harmonised minimum requirements, while still offering Member States some flexibility.A revised Directive is a proportionate measure because it would enable further harmonisation of training requirements to resolve some of the issues while still leaving flexibility for Member States to adapt the implementation of parts of the training to their economic and social environment and to the specific needs and characteristics of its road transport sector.An EU directive would ensure that appropriate minimum training requirements are applied and that training is recognised EU-wide.•Choice of the instrumentConsidering the limited number of changes proposed, and taking into account that the original legal act is a directive, this is considered to be the most appropriate instrument.3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS•Ex-post evaluations/fitness checks of existing legislationThe evaluation concluded that the Directive was implemented in the Member States without major problems; it has improved labour mobility and contributes to ensuring free movement of drivers. The evaluation furthermoreconfirmed that the Directive effectively contributes to its main objective of ensuring the road safety together with the legislation mentioned above.Furthermore, while the ex-post evaluation showed that the Directive has, overall, had a positive effect on the sector, it also identified shortcomings that hinder the effectiveness and consistency of the legal framework and undermine the objectives of the Directive.The main shortcomings identified were:(1)difficulties for drivers to obtain recognition of completed/partially-completed training undergone in another Member State;(2)content of the training only partially relevant for drivers' needs;(3)difficulties and legal uncertainties in the interpretation of exemptions;(4)inconsistencies in minimum age requirements between the Directive on the training of professional drivers (2003/59/EC) and the Directive on driving licences (2006/126/EC), ambiguity regarding the possibility to combine professional driver training with other training courses required under EU law (i.e. hazardous goods (ADR), passenger rights and animal welfare training), and the lack of clarity regarding the use of ICT in training courses (e.g. elearning/blended learning).The objective of the proposal is to deal appropriately with the identified shortcomings.•Stakeholder consultationsBefore the legislative proposal was drafted, stakeholder consultations were conducted to gather as many comments and suggestions as possible from the individuals and bodies concerned. This exercise complied with the minimum standards for the consultation of interested parties set out in the Commission Communication of 11 December 2002 (COM(2002) 704 final).The consultation process included two types of actions – opinion gathering and data collection. Open and targeted consultation methods and various consultation tools were used.As for theopen consultation,an internet-basedpublic consultationtook place between 17 July and 25 October 2013. The Commission received 395 contributions, 203 respondents participated as private individuals 192 replied on behalf of institutions orinterest representations. 58 respondents are registered in the Transparency Register of the European Parliament and of the European Commission.Participants emphasised the importance of ongoing EU action in the field of qualifications and training for professional drivers. Stakeholders consider that the Directive contributed only insufficiently to achieving its objectives, namely increased road safety, developing the skills of professional drivers, driver mobility and the creation of a level playing field for drivers and businesses. Opinion was divided, however, on the concrete measures needed to address these difficulties.The consultation paper, the contributions received, a summary of these contributions and the report on the stakeholder conference of 6 March 2014 are available on the website of the road safety unit of DG MOVE and on the “Your voice in Europe” website6.Thetargeted consultationprocess included the following elements:The Commission presented the initiative in the framework of thesocial dialoguewith the road transport social partners on 24 June 2013 and with the urban public transport on 25 September 20137. The main findings of the open public consultation were presented again to the road transport social partners on 25 April 2014. The key issues addressed in the proposal were presented to social partners on 19 November 2014. On that occasion, the social partners expressed their support for having legislation at EU level in this field and had no objections to the objectives proposed by the Commission.On 6 March 2014 ahearing of stakeholderswas held in Brussels with the participation of delegations from around 100 organisations representing haulage operators, passenger transport operators, workers, training providers and national administrations. The conference confirmed the findings of the open public consultation (see above). The report on the conference is available on the website of the road safety unit of DG MOVE.On 23 January 2014 the Commission held aninformal workshopwith Member States to discuss minimum age requirements and the structure of the training in the context of a possible review of the Directive. At the meeting of the CPC committee on 23 October 2014 the last part of the meeting was dedicated to an informal discussion with Member States on how to improve mutual recognition. The CPC committee met again on the 9 October 2015, when the ongoing review of Directive was discussed. As regards mutual recognition of periodic training, the participants expressed concern about Member States applying different practices and generally saw the need for a harmonised approach. The importance of keeping the Directive up to date as regards technological progress was highlighted, as was the need for additional clarity on some aspects, such as e-learning.Aquestionnairewas sent to Member State authorities in December 2013 in the course of the support study to collect detailed information on the implementation of the Directive. The questionnaires were distributed among the DG MOVE CPC committee members. In April 2014, a follow-up data request was sent to collect additional quantitative information on specific points relating to the Directive.In addition, the contractor together with the European Transport Workers Federation (ETF) developed a questionnaire about possible barriers to the free movement of drivers. This questionnaire was submitted to the EU members of ETF in April 2014.Targeted interviewswere carried out in the course of the support study to supplement the data obtained using the other methods, investigate certain specific issues, strengthen findings, or seek clarifications on the answers given by stakeholders to questionnaires. Interviews were held with a number of stakeholders, ranging from public entities to relevant transport associations.The results of the consultation showed a general agreement on the need to improve the implementation of the Directive without substantial changes to its content. There was support for a cost effective solution to the problem of mutual recognition; however, the views on the most suitable measures to achieve it were diverging. Stakeholders also agreed that training could be better adapted to the driver's needs. Vulnerable road users were considered to be one of the priorities for the road safety content of training by some stakeholders. The clarification of the exemptions and its alignment in the CPC Directive and working time rules were generally welcomed, but not a change in its scope. On the issue of minimum age, stakeholder's opinions differ, the industry and Member States being generally in favour of the proposed modification. The possibility to use ICT tools or to combine mandatory trainings was also generally welcomed.•Collection and use of expertiseAn external contractor assisted with an ex-post evaluation report and a support study for the Impact Assessment8, which were concluded in October 2014.•Impact assessmentThe initiative is supported by an Impact Assessment, which has received a positive opinion from the Regulatory Scrutiny Board.Given the independent nature of the three main problems identified, the Impact Assessment considers three sets of policy options according to three main fields of intervention: mutual recognition, training content, and legal clarity and consistency.The preferred solution to ensure mutual recognition involves issuing driver qualification cards to foreigners. This solution was compared with the possibility of recognising training through the RESPER driving licence information system or a recognised certificate.The preferred solution for addressing the training content is to strengthen content on road safety and fuel efficiency in the training courses and make it clear that it is possible to use elearning/blended learning in the training courses. For legal clarity and consistency, the preferred solution is to clarify the lower age limit that applies and the scope of exemptions and to spell out to the national authorities that the training can be combined with other training courses required under EU law. All policy measures were compared to a baseline scenario.The preferred option corrects the existing problem of mutual recognition which could affect around 46 700 drivers (2016). Given the repetitive nature of the training, in the next 15 years the total number of such cases could reach 100 000. Strengthening training content will have a positive impact on road safety and fuel efficiency. Due to the complementary nature of the Directive to a number factors affecting road safety and fuel efficiency, the attributed expected effect are quite limited. The preferred option leads to consistent application of exemptions and minimum age to access the profession, which, as pointed out by the industry, could mitigate a growing shortage of drivers entering the profession.The proposal is in line with the preferred option in the Impact Assessment.•Regulatory fitness and simplificationThe proposal is pursuing the following REFIT objective: By ensuring smoother administrative practices for mutual recognition administrative costs for business and administrations could be reduced. A revision would make it possible to resolve the issues related to mutual recognition at the lowest costs. This is estimated at EUR 6.3 million for the period of 2018 – 2030. This change will bring benefits to the industry in terms of the costs savings, which account over the period 2018 – 2030 for 2.3 million and 6.7 million euros for businesses and drivers respectively. Furthermore, it will make the training system more effective by revising the content of initial and periodic training to provide for further safety and environmental benefits. This will mitigate the transitional costs (in total EUR 14.1 million for 2018 – 2030) related to the change of the content.A large share of transport businesses are microenterprises or small and medium-sized businesses (SMEs). Overall, 65-95 % of companies in this sector have fewer than ten employees. The Directive does not exempt microenterprises or SMEs from its scope and they will be affected, primarily through simplification of the mutual recognition process, changes of the training content and the more consistent application of exemptions.•Fundamental rightsNo absolute rights are to be affected and no non-absolute rights from the Charter for fundamental rights will be limited by the policy objectives. The general policy objective is to improve the implementation of the fundamental rights set in the Charter within the EUacquis, as supporting the safety of transport workers is one of the key objectives of the legislation.4.BUDGETARY IMPLICATIONSThe proposal will have no implications on the Union budget.5.OTHER ELEMENTS•Implementation plans and monitoring, evaluation and reporting arrangementsIt is crucial to monitor the measures to ensure that the general and specific objectives are achieved in an effective and efficient manner. To this end the Commission set up a list of indicators that will help further evaluate the Directive.The Commission will remain in close contact with the Member States and with the relevant stakeholders to monitor the effects of the new qualification and training requirements. The CPC committee represents an excellent forum for the exchange of information with the Member States. The Commission will also stay in contact with the social partners. The sectorial social dialogue committee can be used to exchange information with social partners.The Commission will conduct a detailed transposition assessment after expiry of the deadline set in this Directive expires.•Explanatory documents (for directives)Considering the scope of the proposal, the fact that it only amends Directive 2003/59/EC and Directive 2006/126/EC, both of which all Member States have transposed in full, it does not seem justified or proportional to require explanatory documents.•Detailed explanation of the specific provisions of the proposalIn addition to certain minor linguistic and editorial changes, as well as updates of reference to other EU legislation, the main elements of proposal are:Article 2 of Directive 2003/59/EC – ExemptionsThe wording of the exemptions is amended to make them clearer and consistent with those under Regulation (EC) 561/2006, as follows:2(b) the amendment clarifies that the vehicles cannot be used for other purposes than the one they have been assigned as stated in the exemption. This means that e.g. if a fire truck is used as an attraction at a fun fair, the driver is not exempt. Adding this phrase also ensures consistency with the similar exemption in Article 3(c) of Regulation (EC) 561/2006.2(d) the amendment clarifies that vehicles used for the non-commercial transport of humanitarian aid are also covered by the exemption when used in states of emergency or assigned to rescue missions; it ensures consistency with Article 3(d) of Regulation (EC) 561/2006.2(e) two clarifications are made: firstly, that the vehicles can be used not only during driving lessons, but also during the driving examination; secondly, that the exemption covers driving solely for the purposes of training and instruction; it cannot be combined with commercial transport operations. These are consistent with similar exemptions under Articles 3(d) and 13(1)(g) of Regulation (EC) 561/2006 respectively.2(f) the amendment clarifies that exempted non-commercial transport does not have to be for the ‘personal use’ of the driver (e.g. non-commercial transport for charities or non-profit organisations). This ensures consistency with similar exemptions under Articles 3(h) and 13(i) of Regulation (EC) 561/2006.2(g) the word ‘machinery’ is added to clarify that also if the driver is carrying machinery to be used by the driver in the course of his or her work, the driver is covered by the exemption. It ensures consistency with a similar exemption under Article 3(aa) of Regulation (EC) 561/2006.2(h) this exemption is intended for entrepreneurs within agricultural, horticultural, farming or fishery undertakings, who occasionally transport their products. This also ensures consistency with a similar exemption under Article 13(1)(b) of Regulation (EC) 561/2006.Article 7 of Directive 2003/59/EC – Periodic trainingThe amendment results from the fact that the transition period in Article 4 has expired and that all holders of a CPC have to comply with the provisions on periodic training since 10 September 2016.The new wording ensures that the periodic training includes at least one subject on road safety and that the same subjects are not repeated within the same training. It also provides that the training is relevant for the work carried out by the specific driver and that it is up to date and relevant.Article 10 of Directive 2003/59/EC – Union codeParagraph 1 is amended to include a reference to the harmonised code 95 which was included in Annex I to Directive 2006/126/EC.The text is amended to ensure that all holders of a CPC are issued either with mutually recognised code 95 on their driving licence, or with a mutually recognised driver qualification card. This addresses mutual recognition difficulties when a driver obtains a CPC in a Member State which is not his place of normal residence and which issues only a code 95 on driving licences.A reference is added to ensure the mutual recognition of the driver attestation provided for in Regulation (EU) 1072/2009, including if the relevant Union code is not marked on it.Annex I to Directive 2003/59/EC – Minimum qualification and training requirementsThe reference to Decision 85/368/EEC, which was repealed, is replaced with a reference to Recommendation 2008/C 111/01 and the European Qualifications Framework (EQF). Since it is based on a recommendation, the EQF gives Member States more flexibility.Section 1 is updated to:better reflect the current state of technology and technical characteristics of vehicles, strengthen the focus on fuel efficient driving behaviour;reinforce safe driving be including the ability to anticipate, assess and adapt to risks in traffic;include references to the use of automatic transmission systems, to better reflect the current state of technology and the technical characteristics of vehicles;include the transport of dangerous goods, animal transport and disability awareness to provide a more comprehensive list of subjects, taking into account the different types of carriage of goods and passengers by road.Section 2 is amended to allow Member States to use ICT tools in training and allow them to combine the training object of the Directive with other forms of training required under EU legislation.Annex II to Directive 2003/59/EC – Arrangements for the European Union model for a driver qualification cardThe amendment of Annex II is limited to updates concerning the reference to the Union model driver qualification card and to take into account the reference to the harmonised Union code 95 provided in the Directive.Article 4 of Directive 2006/126/EC – Categories, definitions and minimum agesThe aim of this amendment is to eliminate legal uncertainty as regards the applicable minimum age requirements for certain vehicle categories, and provide for a harmonised EU-wide application of minimum ages.References to Directive 2003/59/EC are deleted in Article 4(4)(e), (g), (i) and (k), and a new paragraph 7 is inserted in Article 4 of Directive 2006/126/EC with a clear reference to when and under which conditions the lower minimum ages provided under Directive 2003/59/EC apply.2017/0015 (COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and Directive 2006/126/EC on driving licences(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national parliaments,Having regard to the opinion of the European Economic and Social Committee9,Having regard to the opinion of the Committee of the Regions10,Acting in accordance with the ordinary legislative procedure,Whereas:(1)In its White Paper of 28 March 201111the Commission sets out a 'vision zero' objective in which the Union should move close to zero fatalities in road transport by 2050.(2)The Commission, in its Communication on policy orientations on road safety for 2011-202012, proposed to further halve the overall number of road fatalities in the Union by 2020, starting from 2010. With a view to reaching this goal, the Commission laid down seven strategic objectives, including improving the education and training of road users and the protection of vulnerable road users.(3)Having evaluated the implementation of Directive 2003/59/EC of the European Parliament and of the Council13, the Commission identified a number of shortcomings. The main shortcomings identified were difficulties and legal uncertainty in the interpretation of exemptions; the content of the training, which was found to be only partially relevant for drivers' needs; difficulties for drivers in obtaining mutual recognition of completed or partially completed training undergone in another Member State; and inconsistencies of minimum age requirements between Directive 2003/59/EC and Directive 2006/126/EC of the European Parliament and of the Council14.(4)In order to improve legal clarity in Directive 2003/59/EC all references to repealed or replaced Union acts should be removed or amended.(5)In order to provide certainty and consistency with other Union acts , a number of changes should be made to the exemptions  to  Directive 2003/59/EC, taking into account similar exemptions under Regulation (EC) 561/2006 of the European Parliament and of the Council15.(6)Taking into account developments in training and education, and in order to enhance the contribution of Directive 2003/59/EC to road safety and the relevance of training for drivers, subjects relating to road safety, such as hazard perception, the protection of vulnerable road users, and fuel-efficient driving should be strengthened in the training courses.(7)Member States should be provided with a clear option to improve and modernise training practices with the use of ICT tools, such as e-learning and blended learning, for part of the training, while ensuring the quality of the training.(8)To ensure consistency between the different forms of training required under Union law, Member States should be provided with the possibility to combine different types of relevant training, such as training on the transport of dangerous goods, on disability awareness or on animal transport, with the training provided for in Directive 2003/59/EC.(9)To prevent differing practices between Member States from impeding mutual recognition and restricting the right of drivers to undergo the periodic training in the Member State where they work, Member State authorities should be required to issue the relevant document that will ensure mutual recognition for every driver who fulfils the requirements of Directive 2003/59/EC.(10)In order to provide legal clarity and ensure harmonised minimum age requirements for the purposes laid down in Directive 2003/59/EC, a clear derogation should be provided in Directive 2006/126/EC, stipulating that driving licences may be issued at the minimum ages provided for in Directive 2003/59/EC.(11)Since the objective of this Directive, namely the improvement of the EU-wide standard of initial qualification and periodic training for drivers of certain road vehicles for the carriage of goods or passengers, cannot be sufficiently achieved by the Member States but can rather, by reason of the cross-border nature of road transport and of the issues this Directive is intended to address, 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 Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(12)Directives 2003/59/EC and 2006/126/EC should therefore be amended accordingly,
Revised version (Article 7 Issue, validity and renewal):
1. Driving licences shall be issued only to those applicants: (a) who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance with the provisions of Annexes II and III; (b) who have passed a theory test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour and a medical examination for this category. For tricycles and quadricycles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a national code may be inserted on the driving licence; (c) who have, as regards category A2 or category A, on the condition of having acquired a minimum of 2 years' experience on a motorcycle in category A1 or in category A2 respectively, passed a test of skills and behaviour only, or completed a training pursuant to Annex VI; (d) who have completed a training or passed a test of skills and behaviour, or completed a training and passed a test of skills and behaviour pursuant to Annex V as regards category B for driving a vehicle combination as defined in the second subparagraph of Article 4(4)(b); (e) who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months. (a) As from 19 January 2013, licences issued by Member States for categories AM, A1, A2, A, B, B1 and BE shall have an administrative validity of 10 years. A Member State may choose to issue such licences with an administrative validity of up to 15 years; (b) As from 19 January 2013, licences issued by Member States for categories C, CE, C1, C1E, D, DE, D1, D1E shall have an administrative validity of 5 years; (c) The renewal of a driving licence may trigger a new administrative validity period for another category or categories the licence holder is entitled to drive, insofar as this is in conformity with the conditions laid down in this Directive; (d) The presence of a microchip pursuant to Article 1 shall not be a prerequisite for the validity of a driving licence. The loss or unreadability of the microchip, or any other damage thereto, shall not affect the validity of the document. 3. The renewal of driving licences when their administrative validity expires shall be subject to: (a) continuing compliance with the minimum standards of physical and mental fitness for driving set out in Annex III for driving licences in categories C, CE, C1, C1E, D, DE, D1, D1E; and (b) normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months. Member States may, when renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III. Member States may limit the period of administrative validity set out in paragraph 2 of driving licences issued to novice drivers for any category in order to apply specific measures to such drivers, aiming at improving road safety. Member States may limit the period of administrative validity of the first licence issued to novice drivers for categories C and D to 3 years in order to be able to apply specific measures to such drivers, so as to improve their road safety. Member States may limit the period of administrative validity set out in paragraph 2 of individual driving licences for any category in case it is found necessary to apply an increased frequency of medical checks or other specific measures such as restrictions for traffic offenders. Member States may reduce the period of administrative validity set out in paragraph 2 of driving licences of holders residing on their territory having reached the age of 50 years in order to apply an increased frequency of medical checks or other specific measures such as refresher courses. This reduced period of administrative validity can only be applied upon renewing the driving licence. 4. Without prejudice to national criminal and police laws, Member States may, after consulting the Commission, apply to the issuing of driving licences the provisions of their national rules relating to conditions other than those referred to in this Directive. (a) No person may hold more than one driving licence; (b) A Member State shall refuse to issue a licence where it establishes that the applicant already holds a driving licence; (c) Member States shall take the necessary measures pursuant to point (b). The necessary measures as regards the issue, replacement, renewal or exchange of a driving licence shall be to verify with other Member States where there are reasonable grounds to suspect that the applicant is already the holder of another driving licence; (d) In order to facilitate the checks pursuant to point (b), Member States shall use the EU driving licence network once it is operational. Without prejudice to Article 2, a Member State issuing a licence shall apply due diligence to ensure that a person fulfils the requirements set out in paragraph 1 of this Article and shall apply its national provisions on the cancellation or withdrawal of the right to drive if it is established that a licence has been issued without the requirements having been met.
Article 8 Adaptation to scientific and technical progress
The amendments necessary to adapt Annexes I to VI to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 9(2).
Article 9 Committee
1. The Commission shall be assisted by the committee on driving licences. 2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 10 Examiners
From the entry into force of this Directive, driving examiners shall meet the minimum standards set out in Annex IV. Driving examiners already working in that capacity before 19 January 2013 shall be subject only to the requirements concerning quality assurance and regular periodic training measures.
Article 11 Various provisions concerning the exchange, the withdrawal, the replacement and the recognition of driving licences
1. Where the holder of a valid national driving licence issued by a Member State has taken up normal residence in another Member State, he may request that his driving licence be exchanged for an equivalent licence. It shall be for the Member State effecting the exchange to check for which category the licence submitted is in fact still valid. 2. Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose. 3. The Member State effecting the exchange shall return the old licence to the authorities of the Member State which issued it and give the reasons for doing so. 4. A Member State shall refuse to issue a driving licence to an applicant whose driving licence is restricted, suspended or withdrawn in another Member State. A Member State shall refuse to recognise the validity of any driving licence issued by another Member State to a person whose driving licence is restricted, suspended or withdrawn in the former State's territory. A Member State may also refuse to issue a driving licence to an applicant whose licence is cancelled in another Member State. 5. A replacement for a driving licence which has, for example, been lost or stolen may only be obtained from the competent authorities of the Member State in which the holder has his normal residence; those authorities shall provide the replacement on the basis of the information in their possession or, where appropriate, proof from the competent authorities of the Member State which issued the original licence. 6. Where a Member State exchanges a driving licence issued by a third country for a Community model driving licence, such exchange shall be recorded on the Community model driving licence as shall any subsequent renewal or replacement. Such an exchange may occur only if the licence issued by the third country has been surrendered to the competent authorities of the Member State making the exchange. If the holder of this licence transfers his normal residence to another Member State, the latter need not apply the principle of mutual recognition set out in Article 2.
Article 12 Normal residence
For the purpose of this Directive, ‘normal residence’ means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living. However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.
Article 13 Equivalences between non-Community model licences
1. With the agreement of the Commission, Member States shall establish equivalences between entitlements obtained before the implementation of this Directive and the categories defined in Article 4. After consulting the Commission, Member States may make to their national legislation such adjustments as are necessary for the purpose of implementing the provisions of Article 11(4), (5) and (6). 2. Any entitlement to drive granted before 19 January 2013 shall not be removed or in any way qualified by the provisions of this Directive.
Article 14 Review
The Commission shall report on the implementation of this Directive, including its impact on road safety, not earlier than 19 January 2018.