Changes from report parliamentary committee draft to report parliamentary committee draft

AddedSHORT JUSTIFICATION

RemovedRecital -1 a (new): (-1a) The efforts undertaken so far by public authorities have resulted in a reduction of road fatalities from 51 400 in 2001 to 19 800 in 2021. Those figures fell significantly below the EU target of a 75 % reduction in road fatalities between 2001 and 2020. Moreover, the progress made towards halving the number of road deaths during the first decade later stagnated. The external cost of road crashes in the EU represents around 2% of its annual GDP. The situation requires a new impetus and more determined action in all fronts to improve road safety and comply with the set targets.

AddedThe Council position at first reading reflects the political agreement reached between the Parliament and the Council during interinstitutional negotiations at early second-reading stage.

RemovedRecital 1: (1) The rules on driving licences are essential elements of the common transport policy, contribute to improving road safety, can foster energy efficiency and facilitate the free movement of persons taking up residence in a Member State other than the one issuing the licence. Possession of a driving licence duly recognised by a host Member State facilitates free movement and freedom of establishment of persons. Similarly, any unlawful obtaining of such a document or the right to drive, or the loss of a rightfully gained driving licence by way of unlawful conduct, affects not only the Member State in which such violations were committed but also road safety throughout the Union.

AddedThe adopted provisions aim to enhance road safety and facilitate the free movement of persons by introducing mutually recognisable EU mobile driving licences, amending and clarifying minimum age requirements, establishing basic medical fitness requirements and default validity periods for driving licences, as well as strengthening rules for novice drivers, introducing Union-wide accompanied driving schemes for certain categories of licences, and setting specific rules for certain types of vehicles, such as emergency vehicles, motorhomes, or alternatively fuelled vehicles.

RemovedRecital 2: (2) The current framework, should be updated to be fit for the new era, sustainable, inclusive, smart and resilient. It should take into account the need to reduce emissions and energy consumption from transport, digitalisation, the demographic trends and technological developments to reinforce the competitiveness of the European Economy. It is important to simplify and digitise administrative procedures, in order to remove the remaining barriers, such as administrative burdens, to the free movement of the drivers taking up residence in a Member State other than the one issuing the licence. A harmonized Union standard driving licence framework should encompass both physical and mobile driving licences, and provide for their mutual recognition, where they were duly issued in accordance with this Directive.

AddedThe agreed text is the result of extensive negotiations. The co-legislators have reached a balanced compromise on the revision of the Driving Licences Directive, ensuring that it reflects current needs and realities.

RemovedRecital 4: (4) It should be ensured that personal data processing for the implementation of this Directive complies with the data protection framework of the Union, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council53 and Directive 2002/58/EC of the European Parliament and of the Council53a / 53a Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, OJ L 201, 31.7.2002, p. 37–47 E-Privacy Directive, which would cover the digital (mobile) driving licences.

RemovedE-Privacy Directive, which would cover the digital (mobile) driving licenses. See EDPS opinion paragraph 8.

RemovedRecital 5: (5) This Directive establishes a legal basis for the storage of an obligatory set of personal data in the physical driving licences and their microchips or QR codes and the mobile driving licences, for the purposes of proving and verifying the person’s right to drive and his or her identity, in order to guarantee a high level of road safety throughout the Union, and in compliance with Article 6(1), point (e) and, where applicable, Article 9(2), point (g) of Regulation (EU) 2016/679. Such data should be limited to what is necessary to prove a person’s right to drive, identify this person and verify the person’s driving rights and identity. This Directive also provides for additional safeguards to ensure the protection of personal data disclosed during the verification process.

RemovedEDPS, paragraph 25. Already primary law (Art. 8 Charter of Fundamental Rights) requires that personal data is processed for "specified purposes".

RemovedRecital 10: (10) The digital transformation is one of the Union’s priorities. In the case of road transport, it will contribute to remove the remaining administrative barriers, such as the ones relating to the duration of issuing physical driving licences, to free movement of persons. Therefore, a separate Union standard should be established for the mobile driving licences issued within the Union. In order to facilitate digital transformation mobile driving licences should be issued as default from [date-of-adoption+4four years], without prejudice to the applicant’s right to acquire either a physical one or both at the same time or at a later stage. The physical licence should be delivered within two weeks of its being requested.

RemovedRecital 11: (11) The mobile driving licence should not only contain the information reported on the physical driving licence, but also information allowing to verify the authenticity of the data and a single-use pointer. However it should be ensured that even in such cases the amount of personal data made available is restricted to what would be reported on the physical driving licence and what is strictly necessary for the verification of the authenticity of such data, in particular the electronic signature of the issuing authority. That additional data should be different in case a person holds several mobile driving licences, which is possible provided that they are issued by the same Member State.

RemovedRecital 12: (12) The Sustainable and Smart Mobility Strategy sets out a vision for the EU to significantly improve sustainability of mobility and transport. Emissions from the road transport sector include greenhouse gases emissions, air pollutants, noise and microplastics from tyre and road wear. Driving style influences these emissions, with possible negative impacts on the environment and human health. Therefore, driving training and testing should equip drivers to reduce their impact on emissions, including through eco-driving, as well as to prepare them to drive zero-emission vehicles.

RemovedRecital 13 a (new): (13a) Obtaining a driving licence is potentially of major importance in fulfilling the mobility needs of millions of European citizens, particularly in rural areas or mobility needs of persons with reduced mobility, nevertheless in some instances its affordability is a barrier. National and regional authorities are thus encouraged to set up targeted financial schemes to make it affordable for those citizens in need and without a realistic alternative, to prevent increased mobility poverty.

RemovedRecital 14: (14) Driving licences should be categorised according to the types of vehicles they provide the right to drive to. This should be done in a clear and coherent manner and in full respect of the technical characteristics of the vehicles concerned, according to essential aspects of road safety such as mass and speed, and the skills needed to drive them.

RemovedRecital 15: (15) In accordance with United Nations Convention on the Rights of Persons with Disabilities of 13 December 2006, to which the EU has been a Party since 21 January 2011, specific provisions should be adopted to make it easier for persons with disabilities to drive vehicles. Moreover, persons with reduced mobility, regardless of their ability to drive a vehicle, need to enjoy their mobility rights in order to prevent a form of transport poverty. Giving effect to those mobility rights could entail the use of adapted individual or collective vehicles, including special features or equipment. As such, with the prior agreement of the Commission, Member States should be allowed to exclude from the application of Article 6 certain specific types of power-driven vehicles and a degree of flexibility should be envisaged for specific vehicles, such as ambulances.

RemovedRecital 16: (16) The minimum ages of applicants for the different categories of driving licences should be set at Union level. Nevertheless, Member States should be allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety.

RemovedRecital 16 a (new): (16a) In order to ensure widespread comprehensive knowledge of driving rules and safety measures such as seat belts and helmet use, and in particular the safe interaction of vulnerable road users, such as pedestrians or cyclists, with motorised vehicles, Member States should introduce in their mandatory school curricula, no later than in secondary education, a minimum amount of road safety instruction. That road safety instruction should include adequate information on mobility alternatives for different types of journeys and the health and environmental impacts of such choices, with particular emphasis on the benefits of active mobility.

RemovedRecital 16 b (new): (16b) Young drivers are in general less risk averse and are statistically more subject to road accidents and fatalities. Together with driving experience, the intellectual and psychological maturity of adult drivers is an important factor in adequately judging and minimising the risks associated with driving. Setting an adequate minimum age for licences in each category, both for particular and professional driving, together with particular restrictions and stricter conditions for novice drivers regarding inter alia speed and alcohol limits, is an essential element in the achievement of "Vision Zero".

RemovedRecital 17: (17) A system of staging - namely establishing the entitlement for a category B driving licence as a prerequisite for the applicant to become eligible to hold certain other categories, such as the B+ category - and equivalences between categories should be established, including a minimum period of experience before eligibility. Such system should be binding on all Member States, but should also grant Member States the possibility to apply it between each other in their respective territories.

RemovedRecital 17 a (new): (17a) The heavy passenger cars and pick ups (SUVs) are not only taking up more space and are less energy efficient, consequently consuming more fuel and producing a higher level of emissions but, in terms of road safety, they are more likely to be subject to collisions than light passenger cars, with far more serious consequences. As initially designed, the B category licence is not completely suitable for the heaviest passenger cars. A new driving licence category – the B+ category - should therefore be established for cars, as well N1 vans, weighing more than 1 800 kg. Drivers should only be eligible for this this licence category after gaining a minimum period of experience within the context of their category B licences. However, the current B category driving licence would allow a driver to drive a passenger car of up to 1,8 tonnes, which is still the vast majority of private vehicles available on the market, even with electric batteries. However, exemptions for professional or special usage reasons, should be possible, particularly in order to promote fleet renewal leading to a shift to zero emission vehicles, since such a shift might make further training or certification of drivers necessary.

RemovedRecital 17 b (new): (17b) Speed is a very important factor when it comes to road crashes and fatalities, as 30 % of road accidents involve speeding. A staged approach regarding speed limitations on driving licences, both for cars and motorcycles, can positively contribute to reduce the number of fatalities and the severity of the accidents overall.

RemovedRecital 18: (18) On the grounds of road safety, it is necessary to lay down the minimum requirements for the issue of a driving licence. Standards for driving tests and licensing should be harmonised, including both theoretical and practical tests for each category. To that end, the knowledge, skills and behaviour connected with driving power-driven vehicles should be specified, the driving test should be based on these concepts and be of appropriate and sufficient duration to enable the different competences to be duly examined. In addition, the minimum standards of physical and mental fitness for driving such vehicles should be specified. Theoretical training and exams should incorporate knowledge requirements on the existence of modal choice with alternatives to private car in certain journeys, alongside the environmental and health impact of such choices, as well as the existence of Urban Vehicle Access Restrictions and Low Emission Zones.

RemovedRecital 18 a (new): (18a) It is important that before being granted a driving licence in any category, candidates successfully complete theoretical and practical tests, demonstrating that they have sufficient knowledge and a proven degree of expertise. Driver trainers should be required to fulfil strict minimum education and competency requriements and in particular to demonstrate appropriate communication skills. They should be required to complete initial training, including hazard perception training, and to attend periodic training to update their knowledge and skills. Training by a qualified instructor who can certify, among others, notions of first aid and eco-driving remains a logical approach in terms of road safety, as well as energy saving and emissions avoidance. Such instruction is crucial in order to ensure that candidates pay due attention to, and interact safely with vulnerable road users. Such instruction should include the proper use of direction indicators and minimising danger, also when alighting from vehicles. It is therefore necessary to establish on a Union wide basis a minimum number of hours of driving instruction and to define quality standards for types of training based on competences that candidates have to acquire. Training should encourage young learners to think about their limitations as a road user, their motives for wanting to learn to drive or ride a vehicle, their attitude to safety and the specific risks they face, in line with the Goals for a Driver Educati…

RemovedRecital 19: (19) Proof of compliance with minimum standards of physical and mental fitness for driving by drivers of vehicles used for the transport of persons or goods should be provided when the driving licence is issued and periodically thereafter. Such regular control in accordance with national rules of compliance with minimum standards would contribute to the free movement of persons, avoid distortions of competition and better take into account the specific responsibility of drivers of such vehicles. Member States should impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental fitness for driving other power-driven vehicles. For reasons of transparency, such examinations should coincide with a renewal of driving licences.

RemovedRecital 20: (20) In order to ensure uniform rights across the Union, taking into account also considerations of road safety, driving licences of categories AM, A1, A2, A, B1, B and B+ should have an administrative validity of 10 years, while categories C, CE, C1, C1E, D, DE, D1 and D1E shall have an administrative validity of five years. Member States should be allowed to define shorter period in exceptional cases, as defined by this Directive.

RemovedRecital 20 a (new): (20a) Refresher courses for experienced drivers can only have a positive impact on road safety, resulting in updating skills and incorporating knowledge of state-of-the-art technologies and advanced driver assistance systems, as well as latest regulatory framework on Urban Vehicle Access Restrictions and Low Emission Zones. In certain circumstances, the confirmation or renewal of a driving licence should be associated with additional procedures. For example, novice drivers at the end of their probationary period and drivers applying for renewal, who are suffering from a chronic disease or are over 60 years of age, could be required to undergo additional medical examinations or an instruction and fitness-to-drive certification session.

RemovedRecital 23: (23) For reasons connected with road safety, Member States should be able to apply their national provisions on the withdrawal, suspension, renewal and cancellation of driving licences, as well as their demerit point systems, to all licence holders having acquired normal residence in their territory.

RemovedRecital 23 a (new): (23a) Demerit point systems1a are known to reduce collisions and deaths when coupled with increased enforcement, effective follow-up and communication campaigns. Their introduction together with such implementation measures has resulted in a decrease of between 15 to 20 % in the number of collisions, deaths and injuries. The move from pre-existing systems, based on pay-to-comply logic, to those based on demerit points clearly contributed to the decreasing trend of road deaths in Member States where data is available. In particular, the demerit system appeared to be more effective than pre-existing systems in bringing about the necessary behavioural changes among those with greater financial means. It also avoided social inequalities resulting from the greater ability of offenders from higher socioeconomic groups to pay fines rather than face non-financial penalties, such as disqualification. An EU-wide demerit point system should be established, building up on the Member States’ own systems with the creation of equivalences. / 1a Van Schagen I., Machata K. (2012), The BestPoint Handbook: Getting the best out of a Demerit Point System. EU funded project, https://bit.ly/3y9YqmL

RemovedRecital 27: (27) “Driving licence tourism”, namely the practice of changing residence for the purpose of acquiring a new driving licence, in order to circumvent the effects of a driving disqualification imposed in another Member State, is a wide-spread phenomenon, which has a negative effect on road safety. Drivers should not be exempted from requirements imposed on them to recover their right to drive or their driving licence, by changing their residence. A common demerit point system, properly enforced across borders, and combined with the [proposal for directive on EU-wide driving disqualifications] can positively contribute to tackling difficulties in enforcement and avoid situations where relevant offences which pose road safety risks are cumulated in different Member States without any real effect on or behavioural change by the offender.

RemovedRecital 28: deleted

RemovedRecital 29: deleted

RemovedRecital 30: (30) It should be ensured that drivers who newly acquire their driving licence in a given category do not endanger road safety on account of their inexperience. For those novice drivers a probationary period of two years should be established, during which they should be subjected to stricter rules and penalties Union-wide when breaking them, due to the influence of alcohol or drugs, speeding or using unauthorised vehicles. The penalties for such conduct should be effective, proportionate, dissuasive and non-discriminatory and their severity should to the furthest extent possible take into account the Union’s mid-term and long-term goals of halving and nearly eliminating deaths and serious injuries. As regards extending those restrictions or increased penalties to all drivers, or imposing any other restrictions, also on novice drivers, Member States should be allowed to freely implement additional rules in their territory.

RemovedRecital 31: (31) Minimum standards concerning access to the profession of examiner and examiner training requirements should be established in order to improve the knowledge and skills of examiners thereby ensuring a more objective evaluation of driving licence applicants and achieving greater harmonisation of driving tests. Minimum standards for instructors and their training, as well as for minimum instruction requirements, including aspects such as first-aid, eco-driving and safe interaction with vulnerable road users, should also be established. The Commission should be empowered, moreover, to adopt delegated acts to amend and adapt those minimum standards to any technical, operational or scientific developments in this field, including new advanced driver assistance systems, where it becomes necessary.

RemovedRecital 32: (32) The concept of normal residence should be defined, in a way that enables resolving issues arising where it is not possible to establish normal residence on the basis of occupational or familial ties. It is also necessary to provide for the possibility for applicants to take the theoretical or practical tests in the Member State of their citizenship in the cases where their Member State of normal residence does not provide the opportunity to take those tests in the official language of the former. Specific rules could be established for diplomats and their families, where their mission requires them to live abroad for an extended period of time, provided this does not entail additional road safety risks.

RemovedRecital 33: (33) Member States should assist each other in the implementation of this Directive. Where possible they should use the EU driving licence network in order to provide such assistance. The EU driving licence network, commonly referred to as ‘RESPER’ is a hub for the exchange of information between national authorities responsible for issuing driving licences and facilitating the implementation of this Directive, including the timely exchange of demerit points related to offences in different Member States.

RemovedRecital 34: (34) The EU driving licence network aims to guarantee the recognition of documents and acquired rights originating in Member States, combat document fraud, avoid the issuance of multiple licences and facilitate the enforcement of driving disqualifications. It should also from now on ensure the timely exchange of demerit points related to offences in different Member States. In particular, Member States should be given the possibility to systematically verify that the reasons, that led to any previously imposed restrictions, suspensions, withdrawals or cancellations of a driving licence or the right to drive, have disappeared. The use of RESPER for the implementation of other acts of the Union should only be permitted as long as those uses are explicitly provided for by this Directive.

RemovedRecital 35: (35) In order to enable the preparation of meaningful reports on the implementation of this Directive, the Commission should receive information 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, as well as on the trends regarding demerit points, including the exchange of information in their regard, and the enforcement thereof.

RemovedRecital 36: (36) In order to achieve the objectives of this Directive, in particular to adjust its Annexes to any technical, operational or scientific developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Parts A, B and D of Annex I that governs the specifications of physical driving licences; amending Part C of Annex I that lays down the specifications for mobile driving licences; amending Part E of Annex I that governs the rules on the applicable national and Union codes; amending Annexes II, III, V and VI specifying certain minimum requirements concerning the issuance, validity and renewal of driving licences; and amending Annex IV laying down the minimum standards for examiners, as well as Annex VIa on minimum instruction requirements. Such empowerment should be granted for a period of five years, given the fact that technical, operational and scientific developments in the matters governed by these Annexes occur on a frequent basis. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making56 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member …

RemovedRecital 38: (38) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to specify interoperability features and security measures applicable to the QR codes introduced on physical driving licences; provisions related to interoperability, security and testing of mobile driving licences; the extension of the period of administrative validity of driving licences across the Union in case of a crisis; the conditions of the exchange of driving licences from third countries for driving licences issued by Member States without recording the fact of exchange on the driving licence; as well as interoperability between national systems connected to the EU driving licence network and the protection of personal data exchanged in that context. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council57 .

RemovedArticle 1 – paragraph 1 – point d: (d) certain aspects applicable inter alia to novice drivers.

RemovedArticle 2 – paragraph 1 – point 1: (1) ‘driving licence’ means an electronic or physical document that certifies the right to drive power-driven vehicles and states the conditions under which the holder is authorised to drive, including a demerit point system;

RemovedArticle 2 – paragraph 1 – point 11 a (new): (11a) ‘ambulance’ means a vehicle of category M intended for the transport of sick or injured persons and having special equipment for such purpose, as referred to in Annex I, Part A, point 5.3. to Regulation (EU) No 2018/858;

RemovedArticle 2 – paragraph 1 – point 11 b (new): (11b) "vulnerable road users" means non-motorised road users, including, in particular, cyclists and pedestrians, as well as users of powered two-wheelers and users of personal mobility devices;

RemovedRISM Directive definition 2019/1936, with additional inclusion to personal mobility devices (eScooters).

RemovedArticle 2 – paragraph 1 – point 12 a (new): (12a) ‘demerit point system’ means a comparable system that quantitatively assigns or detracts penalty points cumulatively and results in additional consequences when the level of repeat offending has resulted in a certain number of penalty points being collected or lost, with particular conditions for novice drivers, and which can lead to a driving disqualification;

RemovedArticle 3 – paragraph 5: 5. By way of derogation from paragraph 4, upon request of the applicant, Member States shall provide the opportunity for a physical driving licence to be issued instead of, or together with, a mobile driving licence. In the event of a subsequent request for a physical licence by the holder of a mobile driving licence occurring at a moment later in time, the physical version shall be provided no later than two weeks from the date of the request.

RemovedArticle 4 – paragraph 5 – subparagraph 1: Member States may decide to introduce a storage medium (microchip) as part of the physical driving licence. Where a Member State decides to introduce a microchip as part of their physical driving licence it may, where its national laws related to driving licences provide for it, also decide to store data additional to what is specified in Annex I, Part D, on the microchip. Any data stored on that microchip shall only be retained until the end of the validity period of the driving licence.

RemovedEDPS opinion, paragraph 26.

RemovedArticle 5 – paragraph 2 – subparagraph 2: These applications may be based on the European Digital Identity Wallets issued in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council62, or may be independent of the European Digital Identity Wallet, at the free choice of the applicant.

RemovedEDPS opinion paragraph 24. .

RemovedArticle 5 – paragraph 3 – subparagraph 2: Member States shall ensure that the electronic applications do not contain more data than referred to in Annex I, Part D.

RemovedArticle 5 – paragraph 4 – subparagraph 2: Member States shall ensure that the personal data necessary for the verification of the driving rights of the holder of the mobile driving licence is not retained by the verifier and that the issuing authority of the driving licence has not been informed of the verification request.

RemovedAligned with Article 4(7).The Digital Covid Certificate e.g. can be verified by checking the authenticity of its electronic signature without asking the issuing authority. If certificates are revoked, this is done through publishing a revocation list that only contains the identifier of the certificate, no other personal information, so nobody else can see which certificates have been revoked. Note that this goes further than EDPS para 21, but has already been done before (Digital Covid Certificate).

RemovedArticle 5 – paragraph 5: 5. Member States shall inform the Commission of the list of relevant national systems authorised to issue data for mobile driving licences. The Commission shall make available to the public, through a secure channel, the list of such national systems of the Member States, in an electronically signed or sealed form suitable for automated processing.

RemovedArticle 5 – paragraph 7: 7. By [date-of-adoption+18 months], the Commission shall adopt implementing acts laying down detailed provisions concerning the interoperability, security and testing of mobile driving licences, including verification features and the interface with national systems. Those implementing acts shall also take into account the necessary requirements to ensure recognition by third country authorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).

RemovedArticle 6 – paragraph 1 – point a – indent 2: — light quadricycles, with a maximum speed of not more than 45 km/h;

RemovedArticle 6 – paragraph 1 – point b – point i – indent 2 a (new): - without prejudice to the speed limitation in each of the roads set by the national authorities, the absolute maximum allowed speed by Member States for drivers under category A1 shall not exceed 90 km/h;

RemovedArticle 6 – paragraph 1 – point b – point ii – indent 1 a (new): - without prejudice to the speed limitation in each of the roads set by the national authorities, the absolute maximum allowed speed by Member States for drivers under category A2 shall not exceed 100 km/h;