Explanatory Memorandum to COM(2023)127 - Driving licences - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)127 - Driving licences. |
|---|---|
| source | COM(2023)127  |
| date | 01-03-2023 |
1. CONTEXT OF THE PROPOSAL
This proposal concerns a major revision of the Union rules on driving licences. It constitutes the third such revision of those rules, first introduced in 1980 by Directive 80/1263/EEC 1 , followed by the second driving licence Directive 91/439/EEC 2 and the third driving licence Directive 2006/126/EC 3 , 4 .
• Reasons for and objectives of the proposal
Road safety in the EU has improved quite significantly over the last 20 years. The number of road fatalities has gone down by 61.5% from around 51,400 in 2001 to around 19,800 in 2021. However, the improvement in road safety has not been as strong as needed. The slowdown in the reduction of the number of road deaths that set in 2014 has prompted the transport ministers of the EU to issue a ministerial declaration on road safety at the informal transport Council in Valletta in March 2017 5 , where the Member States called upon the Commission to explore the strengthening of the EU’s road safety legal framework to ensure that fewer people die in road crashes.
As part of its third Mobility Package of May 2018, the Commission issued “A Strategic Action Plan on Road Safety” 6 where it called for a new approach to counter the stagnating trend in road safety figures in the EU and move closer to the long-term goal of zero road fatalities across the EU by 2050 (“Vision Zero”). In June 2019, the Commission published the EU Road Safety Policy Framework 2021-2030 – Next steps towards “Vision Zero” 7 . In it, the Commission proposed new interim targets of reducing the number of road deaths by 50% between 2020 and 2030 as well as reducing the number of serious injuries by 50% in the same period, as recommended by the Valletta Declaration.
In its Sustainable and Smart Mobility Strategy 8 of 2020, the Commission reiterated the target of zero fatalities in all modes of transport by 2050 and announced the revision of the Driving Licence Directive, among others to take into account technological innovation including mobile driving licences, under Flagship 10 “Enhancing transport safety and security”. In October 2021, the European Parliament adopted a resolution on the EU Road Safety Policy Framework 2021-2030 9 , calling on the Commission to further promote road safety, notably through higher standards in terms of drivers’ training.
This proposal has been announced in the Commission Work Programme 2022 under Annex II (REFIT initiatives), under the heading ‘A New Push for European Democracy’ 10 , and it delivers on the Better Regulation agenda 11 by ensuring that the existing legislation is simpler and clear, does not create unnecessary burden and keeps pace with evolving political, societal and technological developments.
One of the most advanced frameworks in the world on driving licences is in force and applied by the EU and other EEA Member States. Altogether, it covers more than 250 million drivers. The cornerstone of this framework is the Driving Licence Directive, which establishes common legal measures for the recognition and issuance of driving licences in the European Union. Its objectives are the improvement of road safety and the facilitation of free movement of citizens within the EU. With freedom of movement established by the European Single Market, EU rules on driving licences have contributed to easing cross-border travels and facilitated change of residence for citizens establishing themselves in another Member State. Nonetheless, citizens are still confronted with inconsistencies between national approaches, which in turn affect their driving rights. They also face shortcomings and difficulties in the implementation of the Directive.
This initiative builds on Directive 2006/126/EC which aimed to improve road safety and facilitate the freedom of movement by:
·the introduction of a European Union single driving licence model mandatory for all drivers from 2033, with the aim of ensuring greater protection against fraud and forgery;
·the categorisation of driving licences according to types of vehicles and minimum ages to drive them;
·the compulsory administrative renewal of all new driving licences every 10 years;
·a simplification of the administrative burden on drivers changing their place of residence to another Member State;
·the application of common minimum standards on skills, knowledge, physical and mental fitness of drivers;
·a progressive access to powerful motorcycles, based on minimum age and previous experience on less powerful motorcycles;
·the creation of a network for the exchange of information related to driving licences between national authorities (RESPER).
The impact assessment report 12 confirmed the need for an update of the EU rules governing driving licences to support the efforts to reduce road fatalities and serious injuries and to further reduce administrative burdens and obstacles to the free movement of citizens in the EU. In many serious crashes resulting in death, serious health loss and non-fatal injuries, the driver’s skills, knowledge, behaviour and medical fitness play an important role, and there are still too many holders of driving licences whose presence on EU roads presents risks due to their lack of fitness to drive. The ex-post evaluation 13 has found that the current age-based screening is no longer perceived as the most relevant. Although there is evidence about potential physical deterioration due to age, some studies have concluded that specific medical conditions, such as substance abuse, mental health illnesses, epilepsy and diabetes, heart conditions and sleep apnoea are not necessarily connected with age. They are however more important factors than age when it comes to medical fitness to drive.
Skills, knowledge, risk awareness and experience of drivers remain limited, particularly for novice drivers. The higher level of accidents and fatalities of novice drivers indicates that the requirements for issuing driving licences are not fully adapted to road safety objectives. In addition, the progressive introduction of new technologies such as advanced driver assistance systems and, in the future, automated vehicles will have a substantial impact on the use of vehicles. Whereas such technologies have the potential to improve road safety and contribute to more inclusive mobility, they also bring new challenges for the drivers in terms of skills and knowledge of new functionalities, which are not covered by the current Directive.
In terms of obstacles to the free movement of people, unnecessary or unjustified procedures for obtaining the licence or exercising or maintaining driving rights in another EU country remain in place when drivers obtain, use, replace, renew, or exchange driving licences. This ultimately hinders their movement within the EU. According to the evaluation, some measures of the Directive (such as the concept of normal residence) have been difficult to apply and may have led to a high administrative burden or were obstacles to free movement. In practice, citizens with well-documented driving rights that are confronted with such barriers may remain without driving licences for up to six months or even longer. In addition, the current Directive may, in certain cases, prevent EU citizens from obtaining a driving licence in the EU countries where their knowledge of the local language is insufficient and where an interpreter is not authorised during the tests. Furthermore, there are no common rules for the exchange of driving licences issued by third countries when the holder establishes his or her residence in the European Union, and the EU licences obtained in one Member State in exchange for the third-country licence may cease to be valid in case this person transfers his or her residence to another Member State.
Finally, several Member States 14 have introduced, or are planning to introduce, national mobile (digital) driving licences without being accompanied by the issuance of a physical document (i.e. card). As the current Directive establishes the principle of mutual recognition only for physical licences, mobile driving licences will therefore remain valid only on the territory of the issuing State. Consequently, the current framework is an obstacle to reaping the benefits of the digital transformation of road transport at European level and hinders free movement across the EU.
The new proposal for a Driving Licence Directive builds on the objectives of the previous Directive – namely to improve road safety and facilitate free movement – but also responds to the need for an increased sustainability and digital transformation of road transport. The proposal is also instrumental in achieving the Sustainable Development Goals 15 , namely it contributes to making cities and human settlements by 2030 inclusive, safe, resilient and sustainable and to providing access to safe, affordable, accessible and sustainable transport systems for all. It also gives special attention to the road safety needs of all groups of society, notably vulnerable road users like pedestrians, cyclists, users of powered two-wheeled vehicles, users of personal mobility devices and persons with disabilities or reduced mobility and orientation 16 . By including new rules on automatic gear transmission and by increasing the maximum mass of most of the zero-emission vehicles in category B, the proposal will facilitate the uptake of such vehicles, thus contributing to the objectives of the European Climate Law 17 and the European Green Deal 's zero pollution ambition of having an environment free of harmful pollution by 2050 18 .
The new proposal for a Driving Licence Directive is coherent with the Single Digital Gateway Regulation 19 , which provides access to online information, assistance and problem-solving services and e-government procedures through the Your Europe portal. The information governed by the proposal is already included in Annex I to the Single Digital Gateway Regulation. To further reduce the administrative burden, Annex II to the driving licence directive will be amended in order to make sure that the administrative procedure that citizens and residents are offered is fully online.
The objective of the initiative is therefore to improve road safety and facilitate the free movement of people in the European Union while also contributing to sustainable road transport and to its digital transformation by:
–Improving driving skills, knowledge and experience, and reduce and punish dangerous behaviour. The rules on driver training, testing and probation will ensure that especially young and novice drivers obtain the skills, knowledge, experience and risk awareness needed to drive safely. Also, all drivers should benefit from improved skills and knowledge on advanced technologies, using the safety and environmental potential of innovation to the full extent, as well as on ensuring a safe coexistence of motorised traffic and active modes of transport. Drivers should be held accountable for their dangerous driving behaviour in all Member States, to create an environment conducive to improving road safety.
–Ensuring adequate physical and mental fitness of drivers across the EU. Rules concerning physical and mental fitness to drive for non‑professional drivers will be improved and updated to the latest technological development and in line with the human rights based model of disability 20 . In addition, the medical screening process across the EU will be enhanced to better contribute to the delivery of the road safety targets.
–Removing inadequate or unnecessary barriers affecting applicants and holders of driving licences. Several barriers still persist for drivers' access to licences and recognition of their driving rights, which in turn hinder freedom of movement in the EU: difficulties with the driving tests resulting from the lack of knowledge of languages, different rules to determine normal residence for the residents in the EU or absence of continuity of certain driving rights when travelling and when changing residence in the EU. Removing those barriers is also expected to help address the current driver shortage, in particular of truck drivers, without compromising road safety. In addition, further harmonisation regarding the validity of driving licences and a mobile driving licence should be introduced.
More detailed information on how the above objectives and related problems are addressed by the initiative is presented in Chapter 3 of this explanatory memorandum.
To ensure a consistent approach in the field of road safety as regards the cross-border enforcement of road traffic rules, a negotiating package is established, which consists of three initiatives: besides this proposal, it also contains a proposal for a Directive amending Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences (the ‘CBE Directive’) 21 , 22 and a proposal for a Directive on the Union-wide effect of certain driving disqualifications 23 .
• Consistency with existing policy provisions in the policy area
This proposal is consistent with other EU road safety legislation: Directive (EU) 2022/2561 of the European Parliament and of the Council of 14 December 2022 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers 24 , 25 ; Directive (EU) 2015/413 26 ; and the so-called ‘General Safety Regulation’ 27 , 28 . It is also consistent with the EU Road Safety Policy Framework 2021-2030 - Next steps towards 'Vision Zero' 29 .
The initiative is also aligned with the CBE Directive. In the context of mutual assistance (Article 15), the Driving Licence Directive provides also for a network for the exchange of information related to driving licences (RESPER) which can be used for the implementation of – and to control compliance with – the Driving Licence Directive, the Directive on the qualification and training of professional drivers and the CBE Directive. There is currently legal uncertainty whether RESPER can be used for the purposes of the CBE Directive (relying on EUCARIS) because of the formulation of Article 15 of the Driving Licence Directive and of the fact that Article 4 i of the CBE Directive requires that Member States ensure that the exchange of information under the CBE Directive is carried out “without exchange of data involving other databases which are not used for the purposes of this Directive”. Consequently, a vast majority of law enforcement authorities are not using RESPER for the purpose of control.
The CBE Directive is being revised in parallel to the revision of the Driving Licence Directive, for both legal reasons and reasons of consistency. In this context, the removal of restrictions on the use of other databases is considered. Access to RESPER for the purpose of enforcement will be possible under the conditions specified by the Driving Licence Directive and as a result, more offences are expected to be successfully investigated. In addition, the revision of the Driving Licence Directive will provide for clarification of all the use cases which require the access to RESPER in the context of law enforcement, in order to completely remove legal uncertainties.
The provisions on the Union-wide effect of certain driving disqualifications are proposed to be covered in a separate act. It will cover the cross-border enforcement of such decisions while the consequences on issuance will remain addressed in this initiative.
The proposal is also part of the European Year of Skills, which aims to promote lifelong learning, strengthen the competitiveness of EU companies and support the green and digital transition in a socially fair way.
• Consistency with other Union policies
The Driving Licence Directive governs driving rights according to vehicle categories. Certain categories are defined by reference to EU rules:
·Council Directive 96/53/EC laying down the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic 30 , allowing to identify the types of alternatively fuelled vehicles;
·Regulation (EU) No 168/2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles 31 , allowing to identify the types of mopeds, motorcycles, motor tricycles and quadricycles.
The Directive determines the minimum ages to obtain a driving licence for future professional drivers, which are subject to Directive (EU) 2022/2561 of the European Parliament and of the Council of 14 December 2022 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers 32 .
In addition, rules on the protection of personal data also apply to the exchange of information related to driving licences, in particular Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) 33 .
The Commission has adopted on 3 June 2021 a proposal 34 for the revision of Regulation (EU) No 910/2014 35 as regards establishing a framework for a European Digital Identity. This new framework provides building blocks relevant to the mobile driving licences. In particular, the electronic identity and, potentially, the electronic wallet features can be used to develop an interoperable solution for EU mobile driving licences.
This proposal is consistent with and contributes to the EU climate neutrality objective by 2050 as set out in Article 2(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council which establishes the EU framework for achieving climate neutrality.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis of the proposal is Article 91(1) of the Treaty on the Functioning of the EU (TFEU) 36 . Article 91(1)(c) TFEU provides that the European Union has competence in the field of transport to lay down measures to improve transport safety, including road safety.
• Subsidiarity (for non-exclusive competence)
The Union already has competence in the field of driving licences, by virtue of Directive 2006/126/EC. Matters related to driving licences contain transnational aspects that cannot be covered by individual Member States alone. While the Driving Licence Directive represents an important step in the process of harmonising the rules on driving licences and contributes to the implementation of EU policies, it has so far been amended eleven times to harmonise common standards and requirements, as well as to adapt the rules to the scientific and technical progress that has occurred since 2006. The new rules to be introduced by this proposal remain within the competences conferred upon the Union by application of Article 91(1) TFEU, and given their connection to the already existing framework of driving licences, can only be achieved adequately at Union level.
In the light of the EU targets on road safety and the expected insufficient progress in reducing road fatalities and serious injuries, further EU action is needed to deliver on the set targets. For example, the fight against dangerous behaviour on roads can only deliver fully in case non-resident road traffic offenders face consequences for their conduct, in the same conditions as residents. These objectives cannot be sufficiently achieved by the Member States alone, given the cross-border dimension of these issues.
Further EU level action is also needed to remove unnecessary and unjustified barriers to the free movement of people due to suboptimal procedures for issuing and renewing driving licences. These problems need to be addressed at EU level because they also have a cross-border dimension. Concerning the specific case of mobile driving licences, they can only be mutually recognised across the EU if the solutions used by Member States are harmonized and interoperable.
Without EU intervention, cooperation on driving licences between Member States would have continued via bi- or multilateral agreements which, in turn, would have resulted in a higher complexity of the licensing system and a higher administrative burden for the licence holders and administrations. Administrative issues may also have been faced by drivers when travelling to Member States 37 that are not contracting parties of the Vienna Convention 38 , for example the requirement to hold an international driving permit. Finally, when changing residence in the EU, holders of EU driving licences would have to obtain a new driving licence issued by their new country of residence, either by means of an administrative exchange or by passing the driving test like any other applicant. In the absence of EU intervention, the integration of foreign professional drivers in the EU road transport sector will remain limited because of administrative difficulties for foreign drivers to maintain their driving rights. Removing this barrier could contribute to addressing the driver shortage issue in the EU together with other actions, beyond this measure, for example in relation to driver qualifications, improvement of working conditions and structural challenges.
• Proportionality
The proposal is necessary and proportionate to the objective of facilitating free movement through harmonised additional rules on driving licences, as Member States on their own cannot ensure the seamless recognition of the right to drive provided by a driving licence that another Member State issued.
The proposal does not go beyond what it necessary to achieve the objectives of ensuring an improved level of road safety and of facilitating freedom of movement, as the policy options adopted still provide an adequate level of flexibility for the Member States. Only minimum harmonisation requirements are provided for mobile driving licences, the rules on probationary periods allow Member States to apply additional national conditions or restrictions to novice drivers, and the rules on exchanging driving licences with third countries are narrowly defined.
A transparent, efficient, and coordinated approach with equal treatment of road users on EU roads is therefore needed, especially as an enabling condition of the principle of mutual recognition of driving licences, and the envisaged proposal complies with the principle of proportionality.
• Choice of the instrument
With a view to ensuring clear and consistent legal drafting, the most adequate legal solution is a complete revision of the Directive.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
The European Commission has published in 2022 an ex-post evaluation 39 of Directive 2006/126/EC, following the Better Regulation principles. The evaluation has demonstrated that the combined action of Directive 2006/126/EC and its two predecessors resulted in an increased safety level for road users within the Union and has facilitated free movement. The evaluation has also found a positive effect of the Driving Licence Directive on reduction of driving licence fraud and driving licence tourism. It led to the reduction of administrative burden, in particular for holders of driving licences. It also showed that there is scope for further enhancing the level of safety as well as the efficiency and proportionality of some of the regulatory requirements. The evaluation recognised that the EU transport system is changing rapidly, due to the impact of digitalisation, an increasing emphasis on active modes in urban transport, the emergence of new forms of mobility, developments regarding connectivity and automation, and the increasing role of artificial intelligence, as well as the uptake of low- and zero-emission vehicles. It concluded that the current legislative framework needs to be adapted, not only to address current needs but also to address future challenges.
The evaluation further concluded that digital solutions, including the mobile driving licences and RESPER, have not been sufficiently explored. It also found that the rules on driving skills and knowledge do not sufficiently reflect new technological solutions, such as advanced driver-assistance systems, semi-automated and automated driving, the use of simulators as well as the uptake of micro-mobility solutions and low- and zero-emissions vehicles with an automatic gear transmission.
In addition, some provisions are suboptimal in terms of facilitating the free movement of persons, such as the ones on the establishment of normal residence, on the recognition of foreign driving licences and on validity periods. Moreover, the directive is not fully complementary with Directive (EU) 2015/413 40 regarding the enforcement of sanctions for such offences. The Directive also needs a better alignment with the General Safety Regulation 41 .
• Stakeholder consultations
In line with the Better Regulation Guidelines, stakeholder consultations were carried out during the ex-post evaluation and the impact assessment.
During the ex-post evaluation, a stakeholder workshop was conducted on 16 October 2020to gather evidence, confirm identified findings, seek feedback on emerging findings, and to collect views.
An open public consultation was held between 28 October 2020 and 20 January 2021, allowing the interested public and stakeholders to express their views on the rules in force.
During the impact assessment preparatory phase, interested parties had the possibility to provide feedback on the Inception Impact Assessment (Q2 2021). Subsequently, the following targeted consultation activities were carried out:
–Two rounds of interviews:
·Exploratory interviews during the inception phase (Q1 and Q2 2022)
·In-depth interviews to fill information gaps and assess the expected impacts of policy measures (Q2 and Q3 2021).
–Two rounds of surveys:
·A survey to substantiate the problem analysis (Q2 2022).
·A survey to assess the impact of policy measures (Q2 and Q3 2022).
Finally, a new open public consultation took place in Q3 2022.
• Collection and use of expertise
During the impact assessment, three expert workshops took place:
–Training, testing and vehicle categories, Q1 2022.
–Issuance and mutual recognition of driving licences, Q2 2022.
–Consequences of road traffic offences and medical fitness, Q2 2022.
Commission services’ own work on the impact assessment was complemented by an external support study carried out by the independent consortium made COWI, Ecorys and NTUA.
During the ex-post evaluation and impact assessment preparatory phase, the Committee on driving licences established under Article 9 of the current Directive, composed essentially by Member States experts, was regularly informed and consulted.
• Impact assessment
This proposal for a revision of the Driving Licence Directive is accompanied by an impact assessment report 42 , a draft of which was submitted to the Regulatory Scrutiny Board (RSB) on 12 October 2022. The RSB issued a positive opinion on 18 November 2022 43 . The impact assessment report was revised in line with the RSB recommendations. More detailed technical comments of the RSB were also addressed. The impact assessment report includes a detailed description of the policy options, included in Section 5, while a comprehensive analysis of the impacts of all options is presented in Section 6. The analysed policy options are summarised as follows:
Contents
Policy option A (PO-A) includes policy measures that are common to all three policy options. The measures under PO-A aim at aligning the Driving Licence Directive to the technological, scientific and societal developments in the EU, with improvements of its main provisions and addressing the market’s needs and opportunities.
Regarding road safety, it increases the range of issues subject to testing. It also upgrades the technical means (RESPER) supporting cooperation between competent authorities in the context of the fight against fraud and forgery. It adapts the rules to take account of the increase of alternatively fuelled vehicles in the EU fleet. Finally, it also updates the standards on physical and mental fitness to drive and it establishes a new dedicated information sharing platform to allow for wider knowledge dissemination between authorities.
Regarding freedom of movement, it introduces the same administrative validity of driving licences for categories A and B to be applied in all Member States, and clarifies the cases where the validity can be reduced or extended. It also establishes the mutual recognition of optional equivalences 44 , clarifies certain aspects related to the implementation of the concept of normal residence and introduces additional equivalences. Finally, it introduces the EU mobile driving licence, as well as the possibility to mark a QR code on the physical driving licence.
Policy option B (PO-B) represents an increase of policy intervention as regards road safety, as well as the reduction of the administrative burden of certain categories of drivers.
Regarding road safety, besides the measures included in PO-A, it introduces new rules on training and probation periods. It complements the rules on physical and mental fitness to drive by non-binding guidelines to check applicants’ vision, and with a mandatory screening based on a self-assessment. A training programme will be established for General Practitioners.
Regarding freedom of movement, besides the measures included in PO-A, the rules of issuance are simplified with the possibility for EU nationals to obtain their first driving licence in the country of citizenship when they face obstacles related to the language of the test. To mitigate the shortage of professional drivers, existing rules on bus and truck drivers are also simplified and rules on the exchange of driving licences issued by third countries are introduced. Finally, to address mobility issues in remote areas, it will be possible for Member States to extend driving rights of holders of a B1 driving licence by allowing them to drive vehicles of a higher mass with a maximum speed of up to 45 km/h, but only on the national territory of the relevant Member State.
Policy option C (PO-C) represents a further increase in harmonisation and scope compared to PO-B.
Regarding road safety, besides the measures included in PO-A and PO-B, the categories of vehicles for which a driving licence is required are amended to 1) include new micro-mobility vehicles of a maximum speed between 25 and 45 km/h, 2) allow for the mutual recognition of national licences required to drive agricultural vehicles and 3) better align with the market’s opportunities and needs for buses of category D1. The rules on physical and mental fitness to drive would become stricter.
Regarding freedom of movement, besides the measures included in PO-A and PO-B, the assessment of physical and mental fitness to drive is mutually recognised and former holders of foreign driving licences can continue to drive when changing their residence in another Member State, provided they have a positive road safety track record of at least five years.
The measures under the different policy options have been subject to a quantitative and qualitative assessment of economic and social (road safety) impacts and of impacts on fundamental rights. The 2025-2050 time horizon has been selected to assess the impacts, in line with the baseline projections. Regarding road safety, PO-A is expected to be sub-optimal to reach the corresponding EU targets. PO-B will improve road safety more whereas PO-C goes one substantial step further, but the cost-benefit ratio of PO-C is expected to be inferior to that of PO-B. Regarding free movement and economic effects, the main contribution is expected to come from the introduction of digital driving licences and the harmonisation of the administrative validity for group 1 drivers to 15 years (both already in PO-A). The additional measures introduced by PO-B and PO-C will resolve blocking issues affecting some specific groups of drivers but will have significantly less effect. Regarding fundamental rights, the effects will remain controlled by a strict implementation of rules on data protection, notably in RESPER.
All policy options fully encompassed the ‘digital by default’ principle, reflecting the 2030 Digital Compass Communication. 45
• Regulatory fitness and simplification
This initiative is part of the Commission Work Programme 2022 under Annex II (REFIT initiatives), under the heading “A New Push for European Democracy” 46 . The initiative has an important REFIT dimension in terms of the simplification and alignment of the procedures that Member States apply to driving licences.
An important cost burden resulting from Directive 2006/126/EC is the issuance procedures and the production of the physical driving licence, because of the large number of EU residents concerned. An important part of simplification and related burden reduction will be the introduction of the EU mobile driving licence. Specifically, it will be easier to obtain, replace, renew or exchange a driving licence, as it will be possible to perform the complete procedure online. In addition, the harmonisation of the administrative validity of driving licences for drivers of vehicles of categories A, A1, A2, AM, B, B1 and BE would also result in less interaction with the administration, because of the less frequent need for renewal of the driving licence (every 15 years instead of 10 years for the Member States currently applying this rule).
• Fundamental rights
The rules on driving licences are aligned with the applicable EU data protection legislation. A clearer definition of the cases where RESPER can be used is proposed, removing the existing legal ambiguities which constitute a risk for the protection of the personal data of drivers. The use of the eIDAS features for the EU driving licence, in particular electronic identity for enrolment and EU Wallet for the storage and exchange of data will ensure a high level of security and privacy of the information handled.
The transition to the EU digital driving licence is not expected to exclude certain categories of the population. Indeed, once the digital driving licence will be issued by default, everyone will still be able to obtain a physical driving licence by choice.
In terms of freedom of movement, the clarification of the concept of normal residence should solve the problem of determining the issuing authority just after the transfer of residence. The simplification of rules on administrative validity will put the holders of EU driving licences on an equal footing, regardless in which country they apply for a licence or extend the validity of their licence. The mutual recognition of optional equivalences will allow holders of driving licences to enjoy rights granted by an optional equivalence also in other Member States applying the same rules.
The proposed Directive will also have a positive impact on the right of non-discrimination; given that it will provide flexibility for the first issuance of driving licences in case of restrictions related to languages, which will allow applicants to choose where to take the tests.
The proposed Directive will ensure respect of the rights of persons with disabilities, in line with the Charter of Fundamental Rights and the UN Convention on the Rights of Persons with Disabilities to which the EU and all Member States are parties.
4. BUDGETARY IMPLICATIONS
The implications for the Union budget are mainly for the establishment of an information platform for authorities to exchange information on physical and mental fitness to drive and the development of an (online) training programme for general practitioner between EUR 0.7 to 1.1 million.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
In case the proposal is approved, Member States shall inform the Commission on a yearly basis regarding the number of driving licences issued, renewed, replaced, withdrawn and exchanged, for each category, including data on the issuance and use of mobile driving licences.
• Explanatory documents (for directives)
The proposal does not require explanatory documents in relation to its transposition.
• Detailed explanation of the specific provisions of the proposal
The main provisions which substantially change Directive 2006/126/EC or add new elements are the following:
·Article 1 defines the subject matter of the Directive and its scope, by specifying the areas for which it lays down common rules.
·Article 2 introduces definitions to take account of new concepts that were introduced for reasons of accrued legal clarity.
·Article 3 introduces the fundamental rules applicable to physical and mobile driving licences, in particular as regards their mutual recognition. The detailed requirements are specified in Article 4 for physical driving licences and in Article 5 for mobile driving licences.
·Articles 6 and 7 replace the former Article 4 of Directive 2006/126/EC separating in two specific articles the rules applicable to 1) licence categories and 2) minimum ages.
·Article 8 corresponds to the former Article 5 of Directive 2006/126/EC, clarifying the link between Union codes and possible conditions and limitations to the right of drive.
·Article 9 replaces the former Article 6 of Directive 2006/126/EC, with the following changes:
othe removal of the requirement to hold a licence of category C or D to obtain a licence of category CE or DE;
othe removal of the optional nature of the former equivalence established under point c) of the former Article 6 i;
othe right to drive vehicles in category D1E for holders of licences of category D1 and C1E or D1 and CE;
othe introduction of an optional equivalence allowing to drive certain vehicles with a licence of category B1; and
othe mutual recognition of optional equivalences.
·Article 10 corresponds to the former Article 7 of Directive 2006/126/EC, with the following changes:
othe 15-year administrative validity becomes the general rule for the groups of category A and B;
othe Commission and Member States can extend the administrative validity of driving licences in exceptional circumstances;
othe administrative validity of driving licences may be reduced to align with the duration of temporary residence permits;
othe administrative validity of driving licences may be reduced on the basis of the holder’s age only from 70 years.
·Article 11 corresponds to paragraphs 1, 2, 3 and 5 of the former Article 11 of Directive 2006/126/EC.
·Article 12 introduces specific new rules for the exchange of driving licences issued by a third country to holders who take up their normal residence in the territory of a Member State.
·Article 13 includes the former Article 11 i of Directive 2006/126/EC and introduces certain rules concerning the effects of a restriction, suspension, withdrawal or cancellation of a driving licence by a Member State.
·Article 14 introduces the new principle of accompanied driving for drivers who are between 17 and 18 years old.
·Article 15 introduces a probation period of a minimum of two years during which the novice drivers are subject to strict rules related to driving under the influence and possible additional national conditions.
·Article 16 corresponds to the former Article 10 of Directive 2006/126/EC.
·Article 17 includes the former Article 12 of Directive 2006/126/EC. It introduces also some derogations when the holder of a driving licence is not able to prove the establishment of the normal residence or, in the case of first issuance of a driving licence for category B, when EU citizens do not master the language of their Member State of residence.
·Article 18 corresponds to the former Article 13 of Directive 2006/126/EC, taking into account the information published by the Commission regarding non-EU standard model licences.
·Article 19 corresponds to the former Article 15 of Directive 2006/126/EC, clarifying notably the cases when Member States should mutually assist each other.
·Article 20 is based on the Article 14 of Directive 2006/126/EC and enables information collection in accordance with the Better Regulation rules.
·Article 21 contains a standard provision to enable the adoption by the Commission of delegated acts in line with certain provisions of the Directive.
·Article 22 corresponds to the former Article 9 of Directive 2006/126/EC, establishing the driving licence committee, and is updated with references to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers 47 , enabling the adoption of implementing acts where needed.
·Article 23 adds a point (c) to Article 5(2) of Directive (EU) 2022/2561, in order to allow for accompanied driving for drivers of driving licences of category C who have reached the age of 17.
·Article 24 amends Annex II to Regulation (EU) 2018/1724 of the European Parliament and of the Council 48 .
·Article 25 contains a provision on transposition, in particular taking into consideration the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents 49 .
·Article 26 contains a standard provision setting the conditions of repeal of Directive 2006/126/EC.
·Article 27 contains a standard provision setting the entry into force of the Directive.
·Article 28 contains a standard provision setting that the Directive is addressed to the Member States.
·Annex I corresponds to former Annex I to Directive 2006/126/EC. It was updated taking into consideration the requirements introduced by Commission Regulation (EU) No 383/2012 of 4 May 2012 laying down technical requirements with regard to driving licences which include a storage medium (microchip) 50 (part B), technical specifications for the mobile driving licences (part C), and the introduction of new Union codes, which are now individualised in part E.
·Annex II corresponds to former Annex II to Directive 2006/126/EC. It was updated to take into account
othe need for new candidate drivers to pass a driver hazard perception test;
othe requirement to assess the knowledge of risk factors related to micro-mobility means, the safety of alternatively fuelled vehicles, the skills related to advanced driving assistance systems and other automation aspects of a vehicle;
othe relaxation of requirements on drivers who passed their driving test with an automatic gearbox when they apply to remove the associated restriction on their driving licences.
·Annex III corresponds to former Annex III to Directive 2006/126/EC. It was updated with
othe introduction of a mandatory screening by means of self-assessment for drivers in the group 1;
othe relaxation of the frequency of tests required when the driver is subject to a health condition related to diabetes mellitus.
·Annexes IV, V and VI reproduce those of Directive 2006/126/EC with no substantial changes.
·Annex VIII contains the standard information related to repeal and transposition.