Regulation 2022/1280 - Specific and temporary measures, in view of Russia’s invasion of Ukraine, concerning driver documents issued by Ukraine in accordance with its legislation - Main contents

EN

Official Journal of the European Union

L 195/13

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

As a result of this unprovoked and unjustified military aggression against Ukraine, millions of persons have been displaced. In response, the Council has for the first time established the existence of a mass influx into the Union of displaced persons who have had to leave Ukraine as a consequence of an armed conflict in accordance with Council Directive 2001/55/EC (2) by adopting Council Implementing Decision (EU) 2022/382 (3), which sets out the categories of displaced persons entitled, in the Union, to temporary protection or adequate protection under national law.

Driving licences enhance the mobility of their holders and facilitate their everyday lives by permitting them to drive power-driven vehicles. A certificate of professional competence is required for the holder to work as a professional driver transporting goods and passengers for an undertaking established in the Union. In the current context, both types of document promote the participation of persons enjoying temporary protection or adequate protection under national law in economic and social activities in their new environment.

In accordance with Annex XXXII to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (4), Ukraine has approximated its laws to the provisions of Directive 2003/59/EC of the European Parliament and of the Council (5), in particular in order to allow the issuing of the corresponding certificates of professional competence to bus and truck drivers engaged in international operations.

The Convention on Road Traffic concluded at Vienna on 8 November 1968 (the ‘Vienna Convention on Road Traffic’), to which Ukraine is a party, provides for certain rules which allow for the recognition of driving permits under certain conditions. However, not all Member States are parties to that convention. In addition, there is currently no harmonised Union framework for the exchange of driving licences or certificates of professional competence issued by third countries, such as Ukraine. The requirements related to a possible exchange of driving licences are mostly laid down in the national legislation of Member States, or under existing bilateral agreements between those Member States and Ukraine. Diverging requirements between the different Member States, particularly as regards the recognition of driving licences and certificates of professional competence, may adversely affect the life and the freedoms of displaced persons fleeing Russia’s military aggression against Ukraine, at a time when...