92002E0824

WRITTEN QUESTION E-0824/02

by Karl von Wogau (PPE-DE) to the Commission

(25 March 2002)

Subject: Conversion of a French driving licence in Germany

Is the Commission aware that a driving licence lawfully obtained in France can only be converted into a German driving licence without the need for a further test if its holder can prove that, at the time of obtaining the licence, he had his normal place of residence in France? Does it consider this to be compatible with the principle of freedom to provide services in the internal market?

Will it amend Article 7 of Directive 91/439/EEC(1) so that a driving licence can be obtained in another Member State irrespective of the applicant's normal place of residence?

Background:

- The holder of the driving licence has both German and French nationality. He lives mostly in Germany, but regularly (at weekends) and for longer periods (during school holidays) visits his grandparents in France, where he asked a driving school whether he could obtain a Class B driving licence and whether this could then be converted in Germany. He was told that this was possible.

- The competent district authority in Germany is refusing to convert the driving licence, arguing that its holder cannot prove that he had his place of residence in France at the time he obtained the licence or that he obtained it during a six-month period of residence abroad as a student (§4, paragraph 3, of the German Regulation on International Motor Vehicle Traffic (IntKfzVO), in conjunction with §28, paragraph 4, of the German Regulation on Driving Licences (FeV)).

- The relevant German rules would not prevent the holder of the driving licence from obtaining a licence in any other town or city in Germany, and he would not need to have his normal place of residence there. However, they do not allow him to obtain a driving licence in another Member State without having his normal place of residence in the country concerned.

(1) OJ L 237, 24.8.1991, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(8 May 2002)

Council Directive 91/4397 EEC of 29 July 1991 on driving licences(1), which entered into force on 1 July 1996, introduced the principle of mutual recognition of driving licences. It is clear that all licences issued by Member States which are valid in the country where they were issued must be mutually recognised.

However, Article 7 of the Directive lays down several requirements for a licence to be issued, namely that applicants must have passed a test of skills and behaviour and a theoretical test, must meet medical standards and must have their normal residence in the Member State issuing the licence. Article 9 defines the concept of normal residence in detail. A driving licence may therefore be issued only to persons who have their normal residence in the Member State concerned. An exemption is provided for students who may opt to obtain a driving licence either in the Member State in which they have their normal residence or in the Member State in which they are studying.

The Commission does not intend to amend Article 7 of the above Directive at this stage.

(1) OJ L 237, 24.8.1991.