COMMISSION DECISION
of 18 December 2012
on equivalences between categories of driving licences
(notified under document C(2012) 9358)
(Text with EEA relevance)
(2013/21/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (1), and in particular the first paragraph of Article 13(1) thereof,
Whereas:
(1)
Directive 2006/126/EC provides that all driving licences issued by Member States should be mutually recognised, including those issued before the date of application of the principle of mutual recognition.
(2)
The principle of mutual recognition of driving licences entails full recognition of all entitlements which have been granted to a licence holder in accordance with national provisions in force at the time.
(3)
Directive 2006/126/EC provides that the Member States should establish equivalences between the categories of driving licences issued before the implementation of that Directive and those defined in Article 4 thereof. Those equivalences should have the agreement of the Commission in a legally binding form.
(4)
The tables of equivalences between the categories of driving licences established by Commission Decision 2008/766/EC of 25 August 2008 on equivalences between categories of driving licences (2) should be updated.
(5)
Decision 2008/766/EC should therefore be repealed,
HAS ADOPTED THIS DECISION:
Article 1
This Decision shall apply to all valid driving licences issued by the Member States which are in circulation.
Article 2
Tables of equivalences between categories of driving licences, which have been issued in Member States before the implementation of Directive 2006/126/EC and the harmonised categories of driving licences as defined in Article 4 of Directive 2006/126/EC are set out in the Annex to this Decision.
Article 3
1. Categories of driving licences which have been issued prior to the implementation of Directive 2006/126/EC entitle the holder to drive vehicles of the corresponding categories as described in the Annex without exchange of the driving licence. Certain restrictions may apply and are stated for the relevant entitlement in the Annex.
2. On exchange of a driving licence to an EU model driving licence as described in Annex I to Directive 2006/126/EC the equivalent entitlements shall be granted as described in the Annex.
3. Codes which indicate the restriction of corresponding entitlements are harmonised EU codes as specified in Annex I to Directive 2006/126/EC.
4. The principle of mutual recognition as stated in Article 2(1) of Directive 2006/126/EC does not apply to national categories of driving licences.
Article 4
This Decision shall apply as from 19 January 2013.
Decision 2008/766/EC is repealed with effect from 19 January 2013.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 18 December 2012.