Official Journal C295E of the European Union

ISSN 1725-2423 Official Journal C295E of the European Union

Volume 49

English edition Information and Notices 5 December 2006

Notice No Contents Page

I Information

Council

2006/C 295 E/01 Common Position (EC) No 23/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Com- munity, with a view to adopting a Directive of the European Parliament and of the Council on driving licences (Recast) (1) ...... 1

2006/C 295 E/02 Common Position (EC) No 24/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Com- munity, with a view to adopting a Recommendation of the European Parliament and of the Council on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry ...... 48

2006/C 295 E/03 Common Position (EC) No 25/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Com- munity, with a view to adopting a Regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality ...... 57

2006/C 295 E/04 Common Position (EC) No 26/2006 of 25 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Com- munity, with a view to adopting a Decision of the European Parliament and of the Council establishing for the period 2007 to 2013 the programme ‘Europe for Citizens’ to promote active European citizenship ...... 69

EN (1) Text with EEA relevance 5.12.2006 EN Official Journal of the European Union C 295E/1

(Information)

COUNCIL

COMMON POSITION (EC) No 23/2006 adopted by the Council on 18 September 2006 with a view to the adoption of Directive 2006/…/EC of the European Parliament and of the Council of… on driving licences (Recast)

(2006/C 295 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- movement and freedom of establishment of persons. PEAN UNION, Despite the progress achieved with harmonising the rules on driving licences, significant differences have Having regard to the Treaty establishing the European Com- persisted between Member States in the rules on periodi- munity, and in particular Article 71 thereof, city of licences renewal and on subcategories of vehicles, which needed to be harmonised more fully, in order to Having regard to the proposal from the Commission, contribute to the implementation of Community policies. Having regard to the Opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions, (3) The possibility of laying down national provisions with Acting in accordance with the procedure laid down in regard to the period of validity provided for in Directive Article 251 of the Treaty (2), 91/439/EEC leads to the co-existence of different rules in different Member States and over 110 different models Whereas: of driving licences valid in the Member States. This creates problems of transparency for citizens, police (1) Council Directive 91/439/EEC of 29 July 1991 on forces and the administrations responsible for the 3 driving licences ( ) has been significantly amended on administration of driving licences and leads to the falsifi- several occasions. Now that new amendments are being cation of documents which sometimes date back several made to the said Directive, it is desirable, in order to decades. clarify matters, that the provisions in question should be recast.

(2) The rules on driving licences are essential elements of the common transport policy, contribute to improving road safety, and facilitate the free movement of persons (4) In order to prevent the single European driving licence taking up residence in a Member State other than the model from becoming an additional model to the 110 one issuing the licence. Given the importance of indivi- already in circulation, Member States should take all dual means of transport, possession of a driving licence necessary measures to issue this single model to all duly recognised by a host Member State promotes free licence holders.

(1) OJ C 112, 30.4.2004, p. 34. (2) Opinion of the European Parliament of 23 February 2005 (OJ C 304 E, 1.12.2005, p. 202), Council Common Position of 18 September 2006 and Position of the European Parliament of … (not yet published in the Official Journal) . (3) OJ L 237, 24.8.1991, p. 1. Directive as last amended by Regulation (5) This Directive should not prejudice existing entitlements (EC) No 1882/2003 of the European Parliament and of the Council to drive granted or acquired before its date of applica- (OJ L 284, 31.10.2003, p. 1). tion. C 295E/2EN Official Journal of the European Union 5.12.2006

(6) Driving licences are mutually recognised. Member States (13) Introducing a category of driving licences for mopeds should be able to apply the period of validity prescribed will, in particular, increase road safety as regards the by this Directive to a licence without a limited adminis- youngest drivers who, according to the statistics, are the trative validity issued by another Member State and hardest hit by road accidents. whose holder has resided on their territory for more than two years.

(14) Specific provisions should be adopted to make it easier for physically disabled persons to drive vehicles. (7) The introduction of a period of administrative validity for new driving licences should make it possible to apply at the time of periodic renewal the most recent counter-falsification measures and the medical examinations or other measures provided for by the Member (15) For reasons connected with road safety, Member States States. should be able to apply their national provisions on the withdrawal, suspension, renewal and cancellation of driving licences to all licence holders having acquired normal residence in their territory. (8) On road safety grounds, the minimum requirements for the issue of a driving licence should be laid down. Stan- dards for driving tests and licensing need to be harmonised. To this end the knowledge, skills and behaviour (16) The model driving licence as set out in Directive connected with driving motor vehicles should be 91/439/EEC should be replaced by a single model in the defined, the driving test should be based on these form of a plastic card. At the same time, this model concepts and the minimum standards of physical and driving licence needs to be adapted on account of the mental fitness for driving such vehicles should be rede- introduction of a new category of driving licences for fined. mopeds and of a new category of driving licences for motorcycles.

(9) Proof of fulfilment of compliance with minimum standards of physical and mental fitness for driving by drivers of vehicles used for the transport of persons or (17) The introduction of an optional microchip in the new goods should be provided when the driving licence is plastic card model driving licence should enable the issued and periodically thereafter. Such regular control Member States to further improve the level of anti-fraud in accordance with national rules of compliance with protection. Member States should have flexibility to minimum standards will contribute to the free move- include national data on the chip provided that it does ment of persons, avoid distortions of competition and not interfere with commonly accessible data. The tech- better take into account the specific responsibility of nical requirements for the microchip should be deter- drivers of such vehicles. Member States should be mined by the Commission, assisted by the committee on allowed to impose medical examinations as a guarantee driving licences. of compliance with the minimum standards of physical and mental fitness for driving other motor vehicles. For reasons of transparency, such examinations should coin- cide with a renewal of driving licences and therefore be (18) Minimum standards concerning access to the profession determined by the period of validity of the licence. 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 (10) It is necessary to strengthen further the principle of greater harmonisation of driving tests. progressive access to the categories of two-wheeled vehicles and to the categories of vehicles used for the transport of passengers and goods. (19) The Commission should be allowed to undertake the adaptation of Annexes I to VI to scientific and technical progress. (11) 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; Member States should in exceptional circumstances be allowed to set lower age limits in order to take account (20) The measures necessary for the implementation of this of national circumstances. Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1). (12) The definitions of the categories should reflect to a greater extent the technical characteristics of the vehicles (1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision concerned and the skills needed to drive a vehicle. 2006/512/EC (OJ L 200, 22.7.2006, p. 11). 5.12.2006 EN Official Journal of the European Union C 295E/3

(21) Since the objectives of this Directive cannot be suffi- Article 2 ciently achieved by the Member States and can therefore, by reason of their scale and their effects, be better achieved at Community level, the Community may Mutual recognition adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond 1. Driving licences issued by Member States shall be what is necessary in order to achieve those objectives. mutually recognised.

(22) This Directive should not prejudice the obligations of 2. When the holder of a valid national driving licence the Member States relating to the deadlines for transposi- without the administrative validity period set out in Article 7(2) tion into national law and application of the Directives takes up normal residence in a Member State other than that listed in Annex VII, Part B, which issued the driving licence, the host Member State may apply to the licence the administrative validity periods set out in that Article by renewing the driving licence, as from 2 years after the date on which the holder has taken up normal residence on its territory.

HAVE ADOPTED THIS DIRECTIVE:

Article 3

Article 1 Anti-forgery measures

Model licence 1. Member States shall take all necessary steps to avoid any risk of forgery of driving licences, including that of model 1. Member States shall introduce a national driving licence driving licences issued before the entry into force of this Direc- based on the Community model set out in Annex I, in accord- tive. They shall inform the Commission thereof. ance with the provisions of this Directive. The emblem on page 1 of the Community model driving licences shall contain the distinguishing sign of the Member State issuing the licence. 2. The material used for the driving licence, as set out in Annex I, shall be made secure against forgery in application of specifications which are to be laid down by the Commission in 2. Without prejudice to data protection rules, Member accordance with the procedure referred to in Article 9(2). States may introduce a storage medium (microchip) as part of Member States are free to introduce additional security features. the driving licence, as soon as the requirements in Annex I concerning the microchip are laid down by the Commission in accordance with the procedure referred to in Article 9(2). These requirements shall provide for EC type-approval, which 3. Member States shall ensure that, by … (*), all driving shall only be granted when the ability to resist attempts to licences issued or in circulation fulfil all the requirements of tamper with or alter data is demonstrated. this Directive.

3. The microchip shall incorporate the harmonised driving licence data specified in Annex I. Article 4 After consulting the Commission, Member States may store additional data, provided that it does not in any way interfere with the implementation of this Directive. Categories, definitions and minimum ages

In accordance with the procedure referred to in Article 9(2), 1. The driving licence provided for in Article 1 shall the Commission may adapt Annex I in order to guarantee authorise the driving of power-driven vehicles in the categories future interoperability. defined hereafter. It may be issued from the minimum age indicated for each category. A ‘power-driven vehicle’ means any self-propelled vehicle running on a road under its own power, 4. With the agreement of the Commission, Member States other than a rail-borne vehicle. may make to the model set out in Annex I such adjustments as are necessary for computer processing of the driving licence. (*) 26 years after the date of entry into force of this Directive. C 295E/4EN Official Journal of the European Union 5.12.2006

2. Mopeds: (ii) motor tricycles with a power exceeding 15 kW

Category AM — The minimum age for motor tricycles exceeding 15 kW is fixed at 21 years.OK ? — Two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h, as 4. Motor vehicles: defined in Article 1(2)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor — ‘motor vehicle’ means any power-driven vehicle, which is vehicles and repealing Council Directive 92/61/EEC (1) normally used for carrying persons or goods by road or for (excluding those with a maximum design speed under or drawing, on the road, vehicles used for the carriage of equal to 25 km/h), and light quadricycles as defined in persons or goods. This term shall include trolleybuses, i.e. Article 1(3)(a) of Directive 2002/24/EC, vehicles connected to an electric conductor and not rail- borne. It shall not include agricultural or forestry tractors, — the minimum age for category AM is fixed at 16 years; — ‘Agricultural or forestry tractor’ means any power-driven 3. Motorcycles with or without a sidecar and motor vehicle running on wheels or tracks, having at least two tricycles: axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connec- — ‘motorcycle’ means two-wheel vehicles with or without a tion with agricultural or forestry operations, and the use of sidecar, as defined in Article 1(2)(b) of Directive which for carrying persons or goods by road or drawing, 2002/24/EC, on the road, vehicles used for the carriage of persons or goods is only a secondary function; — ‘motor tricycle’ means vehicles with three symmetrically arranged wheels, as defined in Article 1(2)(c) of Directive (a) Category B1: 2002/24/EC;

(a) Category A1: — quadricycles, as defined in Article 1(3)(b) of Directive 2002/24/EC,

— motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and — the minimum age for category B1 is fixed at 16 years, with a power/weight ratio not exceeding 0,1 kW/kg, — category B1 is optional; in Member States which do not — motor tricycles with a power not exceeding 15 kW, introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles; — the minimum age for category A1 is fixed at 16 years;

(b) Category A2: (b) Category B:

— motorcycles of a power not exceeding 35 kW and with motor vehicles with a maximum authorised mass not a power/weight ratio not exceeding 0,2 kW/kg and not exceeding 3 500 kg and designed and constructed for the derived from a vehicle of more than double its power, carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised — the minimum age for category A2 is fixed at 18 years; mass which does not exceed 750 kg.

(c) Category A: Without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category (i) motorcycles may be combined with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of this combination does not — The minimum age for category A is fixed at exceed 4 250 kg. In case such a combination exceeds 20 years. However, access to the driving of motor- 3 500 kg, Member States shall, in accordance with the cycles of this category shall be subject to a provisions of Annex V, require that this combination shall minimum of two years' experience on motorcycles only be driven after: under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old. — a training has been completed, or

(1) OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive 2005/30/EC (OJ L 106, 27.4.2005, p. 17). — a test of skills and behaviour has been passed. 5.12.2006 EN Official Journal of the European Union C 295E/5

Member States may also require both such a training and (f) Category C: the passing of a test of skills and behaviour.

motor vehicles other than those in categories D1 or D, Member States shall indicate the entitlement to drive such a whose maximum authorised mass is over 3 500 kg and combination on the driving licence by means of the rele- which are designed and constructed for the carriage of no vant Community code. more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed The minimum age for category B is fixed at 18 years; 750 kg;

— without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehi- — without prejudice to the provisions of type-approval cles consisting of a tractor vehicle in category B and a rules for the vehicles concerned, combinations of vehi- trailer or semi-trailer where the maximum authorised cles where the tractor vehicle is in category C and its mass of the trailer or semi-trailer does not exceed trailer or semi-trailer has a maximum authorised mass 3 500 kg, of over 750 kg,

— the minimum age for category BE is fixed at 18 years; — the minimum age for categories C and CE is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; (d) Category C1:

(h) Category D1: motor vehicles other than those in categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg, but does not exceed 7 500 kg, and which are designed and motor vehicles designed and constructed for the carriage of constructed for the carriage of no more than eight passen- no more than 16 passengers in addition to the driver and gers in addition to the driver; motor vehicles in this cate- with a maximum length not exceeding 8 m; motor vehicles gory may be combined with a trailer having a maximum in this category may be combined with a trailer having a authorised mass not exceeding 750 kg; maximum authorised mass not exceeding 750 kg;

(e) Category C1E: (i) Category D1E:

— without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehi- — without prejudice to the provisions of type-approval cles where the tractor vehicle is in category C1 and its rules for the vehicles concerned, combinations of vehi- trailer or semi-trailer has a maximum authorised mass cles where the tractor vehicle is in category D1 and its of over 750 kg provided that the authorised mass of trailer has a maximum authorised mass of over 750 kg, the combination does not exceed 12 000 kg, — the minimum age for categories D1 and D1E is fixed at — without prejudice to the provisions of type-approval 21 years, without prejudice to the provisions for the rules for the vehicles concerned, combinations of vehi- driving of such vehicles in Directive 2003/59/EC; cles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the (j) Category D: combination does not exceed 12 000 kg,

motor vehicles designed and constructed for the carriage of — the minimum age for categories C1 and C1E is fixed at more than eight passengers in addition to the driver; motor the age of 18 years, without prejudice to the provisions vehicles which may be driven with a category D licence for the driving of such vehicles in Directive 2003/59/EC may be combined with a trailer having a maximum of the European Parliament and of the Council of authorised mass which does not exceed 750 kg; 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers amending Council (k) Category DE: Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (1); — without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehi- (1) OJ L 226, 10.9.2003, p. 4. Directive as amended by Council Direc- cles where the tractor vehicle is in category D and its tive 2004/66/EC (OJ L 168, 1.5.2004, p. 35). trailer has a maximum authorised mass of over 750 kg, C 295E/6EN Official Journal of the European Union 5.12.2006

— the minimum age for categories D and DE is fixed at Article 5 24 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; Conditions and restrictions 5. With the agreement of the Commission, Member States may exclude from the application of this Article certain specific types of power-driven vehicle such as special vehicles for 1. Driving licences shall state the conditions under which disabled persons. the driver is authorised to drive.

2. If, because of a physical disability, driving is authorised Member States may exclude from the application of this Direc- only for certain types of vehicle or for adapted vehicles, the test tive vehicles used by, or under the control of, the armed forces of skills and behaviour provided for in Article 7 shall be taken and civil defence. in such a vehicle.

6. Member States may raise or lower the minimum age for issuing a driving licence: Article 6

(a) for category AM down to 14 years or up to 18 years; Staging and equivalences between categories (b) for category B1 up to 18 years; 1. The issue of driving licences shall be subject to the (c) for category A1 up to 17 or 18 years, following conditions:

(a) licences for categories C1, C, D1 and D shall be issued only — if there is a two years difference between the minimum to drivers already entitled to drive vehicles in category B; age for category A1 and the minimum age for category A2, and (b) licences for categories BE, C1E, CE, D1E and DE shall be issued only to drivers already entitled to drive vehicles in — there is a requirement of a minimum of two years categories B, C1, C, D1 and D respectively. experience on motorcycles of category A2 before access to the driving of motorcycles for category A can be 2. The validity of driving licences shall be determined as granted, as referred to in Article 4(3)(c)(i); follows:

(d) for categories B and BE down to 17 years. (a) licences granted for categories C1E, CE, D1E or DE shall be valid for combinations of vehicles in category BE;

Member States may lower the minimum age for category C to 18 years and for category D to 21 years with regard to: (b) licences granted for category CE shall be valid for category DE as long as their holders are entitled to drive vehicles in category D; (a) vehicles used by the fire service and vehicles used for main- taining public order; (c) licences granted for category CE and DE shall be valid for combinations of vehicles in categories C1E and D1E respectively; (b) vehicles undergoing road tests for repair or maintenance purposes. (d) licences granted for any category shall be valid for vehicles in category AM. However, for driving licences issued on its Driving licences issued to persons at a lower age than set out territory, a Member State may limit the equivalences for in paragraphs 2 to 4 in accordance with this paragraph shall category AM to categories A1, A2 and A, if that Member only be valid on the territory of the issuing Member State until State imposes a practical test as a condition for obtaining the licence holder has reached the minimum age limit set out category AM; in paragraphs 2 to 4. (e) licences issued for category A2 shall also be valid for category A1; Member States may recognise the validity on their territory of driving licences issued to drivers under the minimum ages set (f) licences granted for categories A, B, C or D shall be valid out in paragraphs 2 to 4. for categories A1, A2, B1, C1, or D1 respectively. 5.12.2006 EN Official Journal of the European Union C 295E/7

3. For driving on their territory, Member States may grant (c) who have, as regards category A2 or category A, on the the following equivalences: condition of having acquired a minimum of 2 years' experience on a motorcycle in category A1 or in category A2 respectively, passed a test of skills and behaviour only, or (a) motor tricycles under a licence for category B, for motor completed a training pursuant to Annex VI; tricycles with a power exceeding 15 kW provided that the holder of the licence for category B is at least 21 years old; (d) who have completed a training or passed a test of skills and (b) category A1 motorcycles under a licence for category B. behaviour, or completed a training and passed a test of skills and behaviour pursuant to Annex V as regards cate- As this paragraph is only valid on their territories, Member gory B for driving a vehicle combination as defined in the States shall not indicate on the driving licence that a holder is second subparagraph of Article 4(4)(b); entitled to drive these vehicles. (e) who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence 4. Member States may, after consulting the Commission, that they have been studying there for at least six months. authorise the driving on their territory of:

(a) vehicles of category D1 (with a maximum authorised mass 2. (a) As from … (*), licences issued by Member States for of 3 500 kg, excluding any specialised equipment intended categories AM, A1, A2, A, B, B1 and BE shall have an for the carriage of disabled passengers) by holders over administrative validity of 10 years. 21 years old of a driving licence for category B which was obtained at least two years earlier provided that the vehicles are being used by non-commercial bodies for social A Member State may choose to issue such licences with purposes and that the driver provides his services on a an administrative validity of up to 15 years; voluntary basis;

(b) vehicles of a maximum authorised mass exceeding 3 500 kg (b) As from … (*), licences issued by Member States for by holders over 21 years old of a driving licence for categories C, CE, C1, C1E, D, DE, D1, D1E shall have an category B which was obtained at least two years before, administrative validity of 5 years; provided that the main purpose of the vehicles is to be used only when stationary as an instructional or recrea- tional area, and that they are being used by non-commer- (c) The renewal of a driving licence may trigger a new cial bodies for social purposes and that vehicles have been administrative validity period for another category or modified so that they may not be used either for the trans- categories the licence holder is entitled to drive, insofar port of more than nine persons or for the transport of any as this is in conformity with the conditions laid down in goods other than those strictly necessary for their purposes. this Directive;

(d) The presence of a microchip pursuant to Article 1 shall Article 7 not be a prerequisite for the validity of a driving licence. The loss or unreadability of the microchip, or any other damage thereto, shall not affect the validity of the document. Issue, validity and renewal

3. The renewal of driving licences when their administrative 1. Driving licences shall be issued only to those applicants: validity expires shall be subject to:

(a) who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance (a) continuing compliance with the minimum standards of with the provisions of Annexes II and III; physical and mental fitness for driving set out in Annex III for driving licences in categories C, CE, C1, C1E, D, DE, D1, D1E; and (b) who have passed a theory test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour and a medical examination for this category. (b) normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months. For tricycles and quadricycles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a Member States may, when renewing driving licences in cate- national code may be inserted on the driving licence; gories AM, A, A1, A2, B, B1 and BE, require an examination applying the minimum standards of physical and mental fitness (*) Six years after the date of entry into force of this Directive. for driving set out in Annex III. C 295E/8EN Official Journal of the European Union 5.12.2006

Member States may limit the period of administrative validity Article 8 set out in paragraph 2 of driving licences issued to novice drivers for any category in order to apply specific measures to Adaptation to scientific and technical progress such drivers, aiming at improving road safety.

The amendments necessary to adapt Annexes I to VI to scientific and technical progress shall be adopted in accordance with Member States may limit the period of administrative validity the procedure referred to in Article 9(2). of the first licence issued to novice drivers for categories C and D to 3 years in order to be able to apply specific measures to such drivers, so as to improve their road safety. Article 9

Member States may limit the period of administrative validity Committee set out in paragraph 2 of individual driving licences for any category in case it is found necessary to apply an increased 1. The Commission shall be assisted by the committee on frequency of medical checks or other specific measures such as driving licences, hereinafter referred to as ‘the Committee’. restrictions for traffic offenders. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the Member States may reduce the period of administrative validity provisions of Article 8 thereof. set out in paragraph 2 of driving licences of holders residing on their territory having reached the age of 50 years in order The period laid down in Article 5(6) of Decision 1999/468/EC to apply an increased frequency of medical checks or other shall be 3 months. specific measures such as refresher courses. This reduced period of administrative validity can only be applied upon renewing the driving licence. 3. The Committee shall adopt its Rules of Procedure.

4. Without prejudice to national criminal and police laws, Article 10 Member States may, after consulting the Commission, apply to the issuing of driving licences the provisions of their national Examiners rules relating to conditions other than those referred to in this Directive. From the entry into force of this Directive, driving examiners shall meet the minimum standards set out in Annex IV.

5. (a) No person may hold more than one driving licence; Driving examiners already working in that capacity before … (*) shall be subject only to the requirements concerning quality assurance and regular periodic training measures. (b) A Member State shall refuse to issue a licence where it establishes that the applicant already holds a driving licence; Article 11 (c) Member States shall take the necessary measures pursuant to point (b). The necessary measures as regards Various provisions concerning the exchange, the with- the issue, replacement, renewal or exchange of a driving drawal, the replacement and the recognition of driving licence shall be to verify with other Member States licences where there are reasonable grounds to suspect that the applicant is already the holder of another driving 1. Where the holder of a valid national driving licence licence; issued by a Member State has taken up normal residence in another Member State, he may request that his driving licence be exchanged for an equivalent licence. It shall be for the (d) In order to facilitate the checks pursuant to point (b), Member State effecting the exchange to check for which cate- Member States shall use the EU driving licence network gory the licence submitted is in fact still valid. once it is operational. 2. Subject to observance of the principle of territoriality of Without prejudice to Article 2, a Member State issuing a criminal and police laws, the Member State of normal residence licence shall apply due diligence to ensure that a person may apply its national provisions on the restriction, suspension, fulfils the requirements set out in paragraph 1 of this Article withdrawal or cancellation of the right to drive to the holder of and shall apply its national provisions on the cancellation or a driving licence issued by another Member State and, if neces- withdrawal of the right to drive if it is established that a sary, exchange the licence for that purpose. licence has been issued without the requirements having been met. (*) Six years after the date of entry into force of this Directive. 5.12.2006 EN Official Journal of the European Union C 295E/9

3. The Member State effecting the exchange shall return the in a Member State in order to carry out a task of a definite old licence to the authorities of the Member State which issued duration. Attendance at a university or school shall not imply it and give the reasons for doing so. transfer of normal residence.

4. A Member State shall refuse to issue a driving licence to Article 13 an applicant whose driving licence is restricted, suspended or withdrawn in another Member State. Equivalences between non-Community model licences

A Member State shall refuse to recognise the validity of any 1. With the agreement of the Commission, Member States driving licence issued by another Member State to a person shall establish equivalences between entitlements obtained whose driving licence is restricted, suspended or withdrawn in before the implementation of this Directive and the categories the former State's territory. defined in Article 4.

After consulting the Commission, Member States may make to A Member State may also refuse to issue a driving licence to an their national legislation such adjustments as are necessary for applicant whose licence is cancelled in another Member State. the purpose of implementing the provisions of Article 11(4), (5) and (6).

5. A replacement for a driving licence which has, for 2. Any entitlement to drive granted before … (*) shall not example, been lost or stolen may only be obtained from the be removed or in any way qualified by the provisions of this competent authorities of the Member State in which the holder Directive. has his normal residence; those authorities shall provide the replacement on the basis of the information in their possession or, where appropriate, proof from the competent authorities of the Member State which issued the original licence. Article 14

Review 6. Where a Member State exchanges a driving licence issued by a third country for a Community model driving licence, such exchange shall be recorded on the Community model The Commission shall report on the implementation of this driving licence as shall any subsequent renewal or replacement. Directive, including its impact on road safety, not earlier than … (**).

Such an exchange may occur only if the licence issued by the third country has been surrendered to the competent authori- Article 15 ties of the Member State making the exchange. If the holder of this licence transfers his normal residence to another Member Mutual Assistance State, the latter need not apply the principle of mutual recognition set out in Article 2. Member States shall assist one another in the implementation of this Directive and shall exchange information on the licences they have issued, exchanged, replaced, renewed or revoked. They shall use the EU driving licence network set up for these purposes, once this network is operational. Article 12

Normal residence Article 16

Transposition For the purpose of this Directive, ‘normal residence’ means the place where a person usually lives, that is for at least 185 days 1. Member States shall adopt and publish, not later than in each calendar year, because of personal and occupational … (***), the laws, regulations and administrative provisions ties, or, in the case of a person with no occupational ties, necessary to comply with Article 1(1), Article 3, Article 4(1), because of personal ties which show close links between that (2), (3) and (4)(b) to (k), Article 6(1), (2)(a), (c), (d) and (e), person and the place where he is living. Article 7(1)(b), (c) and (d), (2), (3) and (5), Article 8, Article 10, Article 13, Article 14, Article 15, and Annexes I, point 2, II, point 5.2 concerning categories A1, A2 and A, IV, V and VI. However, the normal residence of a person whose occupational They shall forthwith communicate to the Commission the text ties are in a different place from his personal ties and who of those provisions. consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his (*) Six years after the date of entry into force of this Directive. personal ties, provided that such person returns there regularly. (**) Eleven years after the date of entry into force of this Directive. This last condition need not be met where the person is living (***) Four years after the date of entry into force of this Directive. C 295E/10EN Official Journal of the European Union 5.12.2006

2. They shall apply those provisions as from … (*). Article 18

3. When Member States adopt those provisions, they shall Entry into force contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. This Directive shall enter into force on the twentieth day They shall also contain an indication that references made, in following that of its publication in the Official Journal of the the laws, regulations or administrative provisions in force, to European Union. the repealed Directive shall be construed as being made to this Directive. The methods of making such reference, and its Article 2(1), Article 5, Article 6(2)(b), Article 7(1)(a), Article 9, wording, shall be laid down by Member States. Article 11(1), (3), (4), (5) and (6), Article 12, and Annexes I, II 4. Member States shall communicate to the Commission the and III shall apply from … (***). text of the main provisions of national law which they adopt in the field covered by this Directive. Article 19

Article 17 Addressees

Repeal This Directive is addressed to the Member States. Directive 91/439/EEC shall be repealed with effect from … (*), without prejudice to the obligations of the Member States with regard to the deadlines indicated in Annex VII, Part B for trans- posing that Directive into national law. Done at … , on … Article 2(4) of Directive 91/439/EEC shall be repealed on … (**). For the European Parliament For the Council References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance The President The President with the correlation table in Annex VIII. … …

(*) Six years after the date of entry into force of this Directive. (**) Date of entry into force of this Directive. (***) Two years after the date of entry into force of this Directive. 5.12.2006 EN Official Journal of the European Union C 295E/11

ANNEX I

PROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

1. The physical characteristics of the card of the Community model driving licence shall be in accordance with ISO 7810 and ISO 7816-1.

The card shall be made of polycarbonate.

Methods for testing the characteristics of driving licences for the purpose of confirming their compliance with the international standards shall be in accordance with ISO 10373.

2. Physical security of driving licences

The threats to the physical security of driving licences are:

— production of false cards: creating a new object which bears great resemblance to the document, either by making it from scratch or by copying an original document,

— material alteration: changing a property of an original document, e.g. modifying some of the data printed on the document;

The overall security lies in the system in its entirety, consisting of the application process, the transmission of data, the card body material, the printing technique, a minimum set of different security features and the personalisation process.

(a) The material used for driving licences shall be made secure against forgery by using the following techniques (mandatory security features):

— card bodies shall be UV dull,

— a security background pattern designed to be resistant to counterfeit by scanning, printing or copying, using rainbow printing with multicolour security inks and positive and negative guilloche printing. The pattern shall not be composed of the primary colours (CMYK), shall contain complex pattern designs in a minimum of two special colours and shall include micro lettering,

— optical variable elements providing adequate protection against copying and tampering of the photograph,

— laser engraving,

— in the area of the photograph the security design background and photograph should overlap on at least its border (weakening pattern).

(b) In addition, the material used for driving licences shall be made secure against forgery by using at least three of the following techniques (additional security features):

— colour-shifting inks*,

— termochromic ink*,

— custom holograms*,

— variable laser images*,

— ultraviolet fluorescent ink, visible and transparent,

— iridescent printing,

— digital watermark in the background,

— infrared or phosphorescent pigments,

— tactile characters, symbols or patterns*.

(c) Member States are free to introduce additional security features. As a basis, the techniques indicated with an asterisk are to be preferred as they enable the law enforcement officers to check the validity of the card without any special means.

3. The licence shall have two sides.

Page 1 shall contain:

(a) the words ‘Driving Licence’ printed in large type in the language or languages of the Member State issuing the licence;

(b) the name of the Member State issuing the licence (optional); C 295E/12EN Official Journal of the European Union 5.12.2006

(c) the distinguishing sign of the Member State issuing the licence, printed in negative in a blue rectangle and encircled by twelve yellow stars; the distinguishing signs shall be as follows:

B: Belgium

CZ: Czech Republic

DK: Denmark

D: Germany

EST: Estonia

GR: Greece

E: Spain

F: France

IRL: Ireland

I: Italy

CY: Cyprus

LV: Latvia

LT: Lithuania

L: Luxembourg

H: Hungary

M: Malta

NL: The Netherlands

A: Austria

PL: Poland

P: Portugal

SLO: Slovenia

SK: Slovakia

FIN: Finland

S: Sweden

UK: The United Kingdom;

(d) information specific to the licence issued, numbered as follows:

1. surname of the holder;

2. other name(s) of the holder;

3. date and place of birth;

4. (a) date of issue of the licence;

(b) date of expiry of the licence or a dash if the licence is valid indefinitely under the provision of Article 7(2)(c);

(d) a different number from the one under heading 5, for administrative purposes (optional);

5. number of the licence;

6. photograph of the holder;

7. signature of the holder;

8. permanent place of residence, or postal address (optional);

9. category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories); 5.12.2006 EN Official Journal of the European Union C 295E/13

(e) the words ‘European Communities model’ in the language(s) of the Member State issuing the licence and the words ‘Driving Licence’ in the other languages of the Community, printed in pink to form the background of the licence:

Permiso de Conducción

Řidičský průkaz

Kørekort

Führerschein

Juhiluba Άδεια Οδήγησης

Driving Licence

Permis de conduire

Ceadúas Tiomána

Patente di guida

Vadītāja apliecība

Vairuotojo pažymėjimas

Vezetői engedély

Liċenzja tas-Sewqan

Rijbewijs

Prawo Jazdy

Carta de Condução

Vodičský preukaz

Vozniško dovoljenje

Ajokortti

Körkort;

(f) Colour references:

— blue: Pantone Reflex Blue,

— yellow: Pantone Yellow.

Page 2 shall contain:

(a) 9. category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories);

10. date of first issue of each category (this date must be repeated on the new licence in the event of subsequent replacement or exchange);

11. date of expiry of each category;

12. additional information/restriction(s), in code form, facing the (sub)category affected.

The codes shall be as follows:

— codes 01 to 99: harmonised Community codes

DRIVER (Medical reasons)

01. Sight correction and/or protection

01.01 Glasses

01.02 Contact lense(s)

01.03 Protective glass

01.04 Opaque lense

01.05 Eye cover

01.06 Glasses or contact lenses C 295E/14EN Official Journal of the European Union 5.12.2006

02. Hearing aid/communication aid 02.01 Hearing aid for one ear 02.02 Hearing aid for two ears 03. Prosthesis/orthosis for the limbs 03.01 Upper limb prosthesis/orthosis 03.02 Lower limb prosthesis/orthosis 05. Limited use (subcode use obligatory, driving subject to restrictions for medical reasons) 05.01 Limited to day time journeys (for example: one hour after sunrise and one hour before sunset) 05.02 Limited to journeys within a radius of … km from holder's place of residence or only inside city/ region 05.03 Driving without passengers 05.04 Limited to journeys with a speed not greater than … km/h 05.05 Driving authorised solely when accompanied by a holder of a driving licence 05.06 Without trailer 05.07 No driving on motorways 05.08 No alcohol

VEHICLE ADAPTATIONS

10. Modified transmission 10.01 Manual transmission 10.02 Automatic transmission 10.03 Electronically operated transmission 10.04 Adjusted gear-shift lever 10.05 Without secondary gearbox 15. Modified clutch 15.01 Adjusted gear-shift lever 15.02 Manual clutch 15.03 Automatic clutch 15.04 Partitioning in front of/fold away/detached clutch pedal 20. Modified braking systems 20.01 Adjusted brake pedal 20.02 Enlarged brake pedal 20.03 Brake pedal suitable for use by left foot 20.04 Brake pedal by sole 20.05 Tilted brake pedal 20.06 Manual (adapted) service brake 20.07 Maximum use of reinforced service brake 20.08 Maximum use of emergency brake integrated in the service brake 20.09 Adjusted parking brake 20.10 Electrically operated parking brake 20.11 (Adjusted) foot operated parking brake 20.12 Partitioning in front of/fold away/detached brake pedal 20.13 Brake operated by knee 20.14 Electrically operated service brake 5.12.2006 EN Official Journal of the European Union C 295E/15

25. Modified accelerator systems 25.01 Adjusted accelerator pedal 25.02 Accelerator pedal by sole 25.03 Tilted accelerator pedal 25.04 Manual accelerator 25.05 Accelerator at knee 25.06 Servo accelerator (electronic, pneumatic, etc.) 25.07 Accelerator pedal on the left of brake pedal 25.08 Accelerator pedal on the left 25.09 Partitioning in front of/fold away/detached accelerator pedal 30. Modified combined braking and accelerator systems 30.01 Parallel pedals 30.02 Pedals at (or almost at) the same level 30.03 Accelerator and brake with sliding 30.04 Accelerator and brake with sliding and orthesis 30.05 Fold away/detached accelerator and brake pedals 30.06 Raised floor 30.07 Partitioning on the side of the brake pedal 30.08 Partitioning for prosthesis on the side of the brake pedal 30.09 Partitioning in front of the accelerator and brake pedals 30.10 Heel/leg support 30.11 Electrically operated accelerator and brake 35. Modified control layouts

(Lights switches, windscreen wiper/washer, horn, direction indicators, etc.) 35.01 Control devices operable without negative influence on the steering and handling 35.02 Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) 35.03 Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the left hand 35.04 Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the right hand 35.05 Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) and the combined accelerator and braking mechanismss 40. Modified steering 40.01 Standard assisted steering 40.02 Reinforced assisted steering 40.03 Steering with backup system 40.04 Lengthened steering column 40.05 Adjusted steering wheel (Larger and/or thicker steering wheel section, reduced diameter steering wheel, etc.) 40.06 Tilted steering wheel 40.07 Vertical steering wheel 40.08 Horizontal steering wheel 40.09 Foot operated driving 40.10 Alternative adjusted steering (joy-stick, etc.) 40.11 Knob on the steering wheel 40.12 Hand orthesis on the steering wheel 40.13 With orthesis tenodese C 295E/16EN Official Journal of the European Union 5.12.2006

42. Modified rearview mirror(s)

42.01 External (left or) right-side rear-view mirror

42.02 External rear-view mirror set on the wing

42.03 Additional inside rear-view mirror permitting view of traffic

42.04 Panoramic inside rear-view mirror

42.05 Blind spot rear-view mirror

42.06 Electrically operated outside rear-view mirror(s)

43. Modified driver seat

43.01 Driver seat at a good viewing height and in normal distance from the steering wheel and the pedal

43.02 Driver seat adjusted to body shape

43.03 Driver seat with lateral support for good sitting stability

43.04 Driver seat with armrest

43.05 Lengthening of sliding driver's seat

43.06 Seat-belt adjustment

43.07 Harness-type seat-belt

44. Modifications to motorcycles (subcode use obligatory)

44.01 Single operated brake

44.02 (Adjusted) hand operated brake (front wheel)

44.03 (Adjusted) foot operated brake (back wheel)

44.04 (Adjusted) accelerator handle

44.05 (Adjusted) manual transmission and manual clutch

44.06 (Adjusted) rear-view mirror(s)

44.07 (Adjusted) commands (direction indicators, braking light, …)

44.08 Seat height allowing the driver, in sitting position, to have two feet on the road at the same time

45. Motorcycle with side-car only

50. Restricted to a specific vehicle/chassis number (vehicle identification number, VIN)

51. Restricted to a specific vehicle/registration plate (vehicle registration number, VRN)

ADMINISTRATIVE MATTERS

70. Exchange of licence No … issued by … (EU/UN distinguishing sign in the case of a third country; e.g: 70.0123456789.NL)

71. Duplicate of licence No … (EU/UN distinguishing sign in the case of a third country; e.g: 71.987654321.HR)

72. Restricted to category A vehicles having a maximum cylinder capacity of 125 cc and maximum power of 11 KW (A1)

73. Restricted to category B vehicles of the motor tricycle or quadricycle type (B1)

74. Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1)

75. Restricted to category D vehicles with not more than 16 seats, excluding the driver's seat (D1) 5.12.2006 EN Official Journal of the European Union C 295E/17

76. Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1), attached to a trailer the maximum authorised mass of which exceeds 750 kg, provided that the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg, and that the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle (C1E)

77. Restricted to category D vehicles with not more than 16 passenger seats, excluding the driver's seat (D1), attached to a trailer the maximum authorised mass of which exceeds 750 kg provided that (a) the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg and the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1E)

78. Restricted to vehicles with automatic transmission

79. (…) Restricted to vehicles which comply with the specifications indicated in brackets, in the context of the application of Article 10(1) of Directive 91/439/EEC

90.01: to the left

90.02: to the right

90.03: left

90.04: right

90.05: hand

90.06: foot

90.07: usable

95. Driver holding CPC meeting the obligation of professional aptitude provided for by Directive 2003/59/EC until … [e.g.: 95.01.01.2012]

96. Driver having completed training or having passed a test of skills and behaviour in accordance with the provisions of Annex V.

— codes 100 and above:: national codes valid only for driving in the territory of the Member State which issued the licence.

Where a code applies to all categories for which the licence is issued, it may be printed under headings 9, 10 and 11;

13. in implementation of section 4(a) of this Annex, a space reserved for the possible entry by the host Member State of information essential for administering the licence;

14. a space reserved for the possible entry by the Member State which issues the licence of information essential for administering the licence or related to road safety (optional). If the information relates to one of the headings defined in this Annex, it should be preceded by the number of the heading in question.

With the specific written agreement of the holder, information which is not related to the administration of the driving licence or road safety may also be added in this space; such addition shall not alter in any way the use of the model as a driving licence;

(b) an explanation of the numbered items which appear on pages 1 and 2 of the licence (at least items 1, 2, 3, 4 (a), 4 (b), 4 (c), 5, 10, 11 and 12)

If a Member State wishes to make the entries in a national language other than one of the following languages: Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish or Swedish, it shall draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex;

(c) a space shall be reserved on the Community model licence to allow for the possible introduction of a microchip or similar computer device. C 295E/18EN Official Journal of the European Union 5.12.2006

4. Special provisions (a) Where the holder of a driving licence issued by a Member State in accordance with this Annex has his normal place of residence in another Member State, that Member State may enter in the licence such information as is essential for administering it, provided that it also enters this type of information in the licences which it issues and provided that there remains enough space for the purpose. (b) After consulting the Commission, Member States may add colours or markings, such as bar codes and national symbols, without prejudice to the other provisions of this Annex. In the context of mutual recognition of licences, the bar code may not contain information other than what can already be read on the driving licence or which is essential to the process of issuing the licence. 5.12.2006 EN Official Journal of the European Union C 295E/19

COMMUNITY MODEL DRIVING LICENCE

Page 1 DRIVING LICENCE [MEMBER STATE]

Page 2 1. Name 2. First name 3. Date and place of birth 4a. Date of issue of driving licence 4b. Official date of expiry 4c. Issued by 5. Serial number of licence 8. Place of residence 9. Category (1) 10. Date of issue, by category 11. Date of expiry, by category 12. Restrictions

(1) Note: a pictogram and a line for category AM will be added. Note: the term ‘A2’ will be added to the section on motorcycle categories. C 295E/20EN Official Journal of the European Union 5.12.2006

SPECIMEN MODEL LICENCE BELGIAN LICENCE (for information) 5.12.2006 EN Official Journal of the European Union C 295E/21

ANNEX II

I. MINIMUM REQUIREMENTS FOR DRIVING TESTS

Member States shall take the necessary measures to ensure that applicants for driving licences possess the knowledge and skills and exhibit the behaviour required for driving a motor vehicle. The tests introduced to this effect must consist of:

— a theory test, and then

— a test of skills and behaviour.

The conditions under which these tests shall be conducted are set out below.

A. THEORY TEST

1. Form

The form chosen shall be such as to make sure that the applicant has the required knowledge of the subjects listed on points 2, 3 and 4.

Any applicant for a licence in one category who has passed a theory test for a licence in a different category may be exempt from the common provisions of points 2, 3 and 4.

2. Content of the theory test concerning all vehicle categories

2.1. Questions must be asked on each of the points listed below, the content and form of the questions being left to the discretion of each Member State:

2.1.1. Road traffic regulations:

— in particular as regards road signs, markings and signals, rights of way and speed limits;

2.1.2. The driver:

— importance of alertness and of attitude to other road users,

— perception, judgement and decision-taking, especially reaction time, as well as changes in driving behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue;

2.1.3. The road:

— the most important principles concerning the observance of a safe distance between vehicles, braking distances and road holding under various weather and road conditions,

— driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night,

— characteristics of various types of road and the related statutory requirements;

2.1.4. Other road users:

— specific risk factors related to the lack of experience of other road users and the most vulnerable categories of users such as children, pedestrians, cyclists and people whose mobility is reduced,

— risks involved in the movement and driving of various types of vehicles and of the different fields of view of their drivers;

2.1.5. General rules and regulations and other matters:

— rules concerning the administrative documents required for the use of vehicles,

— general rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessary,

— safety factors relating to the vehicle, the load and persons carried;

2.1.6. Precautions necessary when alighting from the vehicle;

2.1.7. Mechanical aspects with a bearing on road safety; applicants must be able to detect the most common faults, in particular in the steering, suspension and braking systems, tyres, lights and direction indicators, reflectors, rear- view mirrors, windscreen and wipers, the exhaust system, seat-belts and the audible warning device; C 295E/22EN Official Journal of the European Union 5.12.2006

2.1.8. Vehicle safety equipment and, in particular, the use of seat-belts, head restraints and child safety equipment;

2.1.9. Rules regarding vehicle use in relation to the environment (appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, etc.).

3. Specific provisions concerning categories A1, A2 and A

3.1. Compulsory check of general knowledge on:

3.1.1. Use of protective outfit such as gloves, boots, clothes and safety helmet;

3.1.2. Visibility of motorcycle riders for other road users;

3.1.3. Risk factors related to various road conditions as laid down above with additional attention to slippery parts such as drain covers, road markings such as lines and arrows, tram rails;

3.1.4. Mechanical aspects with a bearing on road safety as laid down above with additional attention to the emergency stop switch, the oil levels and the chain.

4. Specific provisions concerning categories C, CE, C1, C1E, D, DE, D1 and D1E

4.1. Compulsory check of general knowledge on:

4.1.1. Rules on driving hours and rest periods as defined by Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (1); use of the recording equipment as defined by Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (2),

4.1.2. Rules concerning the type of transport concerned: goods or passengers;

4.1.3. Vehicle and transport documents required for the national and international carriage of goods and passengers;

4.1.4. How to behave in the event of an accident; knowledge of measures to be taken after an accident or similar occurrence, including emergency action such as evacuation of passengers and basic knowledge of first aid;

4.1.5. The precautions to be taken during the removal and replacement of wheels;

4.1.6. Rules on vehicle weights and dimensions; rules on speed limiters;

4.1.7. Obstruction of the field of view caused by the characteristics of their vehicles;

4.1.8. Reading a road map, route planning, including the use of electronic navigation systems (optional);

4.1.9. Safety factors relating to vehicle loading: controlling the load (stowing and fastening), difficulties with different kinds of load (e.g. liquids, hanging loads, …), loading and unloading goods and the use of loading equipment (categories C, CE, C1, C1E only);

4.1.10. The driver's responsibility in respect to the carriage of passengers; comfort and safety of passengers; transport of children; necessary checks before driving away; all sorts of buses should be part of the theory test (public service buses and coaches, buses with special dimensions, …) (categories D, DE, D1, D1E only).

4.2. Compulsory check of general knowledge on the following additional provisions concerning categories C, CE, D and DE:

4.2.1. The principles of the construction and functioning of: internal combustion engines, fluids (e.g. engine oil, coolant, washer fluid), the fuel system, the electrical system, the ignition system, the transmission system (clutch, gearbox, etc.);

(1) OJ L 370, 31.12.1985, p. 1. Regulation as repealed by Regulation (EC) No 561/2006 of the European Parliament and of the Council (OJ L 102, 11.4.2006, p. 1). (2) OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Regulation (EC) No 561/2006. 5.12.2006 EN Official Journal of the European Union C 295E/23

4.2.2. Lubrication and antifreeze protection;

4.2.3. The principles of the construction, the fitting, correct use and care of tyres;

4.2.4. The principles of the types, operation, main parts, connection, use and day-to-day maintenance of brake fittings and speed governors, and use of anti-lock brakes;

4.2.5. The principles of the types, operation, main parts, connection, use and day-to-day maintenance of coupling systems (categories CE, DE only);

4.2.6. Methods of locating causes of breakdowns;

4.2.7. Preventive maintenance of vehicles and necessary running repairs;

4.2.8. The driver's responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions (categories C, CE only).

B. TEST OF SKILLS AND BEHAVIOUR

5. The vehicle and its equipment

5.1. The driving of a vehicle with manual transmission shall be subject to the passing of a skills and behaviour test taken on a vehicle with manual transmission.

If an applicant takes the test of skills and behaviour on a vehicle with automatic transmission this shall be recorded on any licence issued on the basis of such a test. Licences with this indication shall be used only for driving vehicles with automatic transmission.

‘Vehicle with automatic transmission’ means a vehicle in which the gear ratio between the engine and the wheels can be varied by use only of the accelerator or the brakes

5.2. The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given below. Member States may make provisions for more stringent criteria or add others.

Category A1:

Category A1 motorcycle without sidecar, with a cubic capacity of at least 120 cm3, and capable of a speed of at least 90 km/h

Category A2:

Motorcycle without sidecar, with a cylinder capacity of at least 400 cm3, and an engine power of at least 25 kW

Category A

Motorcycle without sidecar, with a cylinder capacity of at least 600 cm3, and an engine power of at least 40 kW

Category B:

A four-wheeled category B vehicle capable of a speed of at least 100 km/h;

Category BE:

A combination, made up of a category B test vehicle and a trailer with a maximum authorised mass of at least 1 000 kg, capable of a speed of at least 100 km/h, which does not fall within category B; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the motor vehicle; the closed box body may also be slightly less wide than the motor vehicle provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;

Category B1:

A motor-powered quadricycle capable of a speed of at least 60 km/h; C 295E/24EN Official Journal of the European Union 5.12.2006

Category C:

A category C vehicle with a maximum authorised mass of at least 12 000 kg, a length of at least 8 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; the vehicle shall be presented with a minimum of 10 000 kg real total mass;

Category CE:

either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 m in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20 000 kg, a length of at least 14 m and a width of at least 2,40 m, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; both the articulated vehicle and the combination shall be presented with a minimum of 15 000 kg real total mass;

Category C1:

A subcategory C1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab;

Category C1E:

A combination made up of a subcategory C1 test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg; this combination shall be at least 8 m in length and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the cab; the closed box body may also be slightly less wide than the cab provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;

Category D:

A category D vehicle with a length of at least 10 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

Category DE:

A combination made up of a category D test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg, a width of at least 2,40 m and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 m wide and 2 m high; the trailer shall be presented with a minimum of 800 kg real total mass;

Category D1:

A subcategory D1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

Category D1E:

A combination made up of a subcategory D1 test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 m wide and 2 m high; the trailer shall be presented with a minimum of 800 kg real total mass; 5.12.2006 EN Official Journal of the European Union C 295E/25

Testing vehicles for categories BE, C, CE, C1, C1E, D, DE, D1 and D1E which are not in conformity with the minimum criteria given above but which were in use on or before the moment of entry into force of this Direc- tive, may still be used for a period not exceeding ten years after that date. The requirements related to the load to be carried by these vehicles, may be implemented by Member States up to ten years from the moment of entry into force of Commission Directive 2000/56/EC (1).

6. Skills and behaviour to be tested concerning categories A1, A2 and A

6.1. Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to ride safely by satisfying the following requirements:

6.1.1. Adjust the protective outfit, such as gloves, boots, clothes and safety helmet;

6.1.2. Perform a random check on the condition of the tyres, brakes, steering, emergency stop switch (if applicable), chain, oil levels, lights, reflectors, direction indicators and audible warning device.

6.2. Special manoeuvres to be tested with a bearing on road safety

6.2.1. Putting the motorcycle on and off its stand and moving it, without the aid of the engine, by walking alongside the vehicle;

6.2.2. Parking the motorcycle on its stand;

6.2.3. At least two manoeuvres to be executed at slow speed, including a slalom; this should allow competence to be assessed in handling of the clutch in combination with the brake, balance, vision direction and position on the motorcycle and the position of the feet on the foot rests;

6.2.4. At least two manoeuvres to be executed at higher speed, of which one manoeuvre in second or third gear, at least 30 km/h and one manoeuvre avoiding an obstacle at a minimum speed of 50 km/h; this should allow competence to be assessed in the position on the motorcycle, vision direction, balance, steering technique and technique of changing gears;

6.2.5. Braking: at least two braking exercises shall be executed, including an emergency brake at a minimum speed of 50 km/h; this should allow competence to be assessed in handling of the front and rear brake, vision direction and the position on the motorcycle.

The special manoeuvres mentioned under points 6.2.3 to 6.2.5 have to be implemented at the latest five years after entry into force of Directive 2000/56/EC.

6.3. Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

6.3.1. Riding away: after parking, after a stop in traffic; exiting a driveway;

6.3.2. Riding on straight roads; passing oncoming vehicles, including in confined spaces;

6.3.3. Riding round bends;

6.3.4. Crossroads: approaching and crossing of intersections and junctions;

6.3.5. Changing direction: left and right turns; changing lanes;

6.3.6. Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

6.3.7. Overtaking/passing: overtaking other traffic (if possible); riding alongside obstacles, e.g. parked cars; being over- taken by other traffic (if appropriate);

6.3.8. Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes;

6.3.9. Taking the necessary precautions when getting off the vehicle.

(1) Commission Directive 2000/56/EC of 14 September 2000 amending Council Directive 91/439/EEC on driving licences (OJ L 237, 21.9.2000, p. 45). C 295E/26EN Official Journal of the European Union 5.12.2006

7. Skills and behaviour to be tested concerning categories B, B1 and BE

7.1. Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

7.1.1. Adjusting the seat as necessary to obtain a correct seated position;

7.1.2. Adjusting rear-view mirrors, seat belts and head restraints if available;

7.1.3. Checking that the doors are closed;

7.1.4. Performing a random check on the condition of the tyres, steering, brakes, fluids (e.g. engine oil, coolant, washer fluid), lights, reflectors, direction indicators and audible warning device;

7.1.5. Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, cabin locking, way of loading, securing load (category BE only);

7.1.6. Checking the coupling mechanism and the brake and electrical connections (category BE only).

7.2. Categories B and B1: special manoeuvres to be tested with a bearing on road safety

A selection of the following manoeuvres shall be tested (at least two manoeuvres for the four points, including one in reverse gear):

7.2.1. Reversing in a straight line or reversing right or left round a corner while keeping within the correct traffic lane;

7.2.2. Turning the vehicle to face the opposite way, using forward and reverse gears;

7.2.3. Parking the vehicle and leaving a parking space (parallel, oblique or right-angle, forwards or in reverse, on the flat, uphill or downhill);

7.2.4. Braking accurately to a stop; however, performing an emergency stop is optional.

7.3. Category BE: special manoeuvres to be tested with a bearing on road safety

7.3.1. Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line);

7.3.2. Reversing along a curve, the line of which shall be left to the discretion of the Member States;

7.3.3. Parking safely for loading/unloading.

7.4. Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

7.4.1. Driving away: after parking, after a stop in traffic; exiting a driveway;

7.4.2. Driving on straight roads; passing oncoming vehicles, including in confined spaces;

7.4.3. Driving round bends;

7.4.4. Crossroads: approaching and crossing of intersections and junctions;

7.4.5. Changing direction: left and right turns; changing lanes;

7.4.6. Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

7.4.7. Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being over- taken by other traffic (if appropriate);

7.4.8. Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes;

7.4.9. Taking the necessary precautions when alighting from the vehicle. 5.12.2006 EN Official Journal of the European Union C 295E/27

8. Skills and behaviour to be tested concerning categories C, CE, C1, C1E, D, DE, D1 and D1E

8.1. Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

8.1.1. Adjusting the seat as necessary to obtain a correct seated position;

8.1.2. Adjusting rear-view mirrors, seat belts and head restraints if available;

8.1.3. Random checks on the condition of the tyres, steering, brakes, lights, reflectors, direction indicators and audible warning device;

8.1.4. Checking the power-assisted braking and steering systems; checking the condition of the wheels, wheelnuts, mudguards, windscreen, windows and wipers, fluids (e.g. engine oil, coolant, washer fluid); checking and using the instrument panel including the recording equipment as defined in Regulation (EEC) No 3821/85;

8.1.5. Checking the air pressure, air tanks and the suspension;

8.1.6. Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, CE, C1, C1E only);

8.1.7. Checking the coupling mechanism and the brake and electrical connections (categories CE, C1E, DE, D1E only);

8.1.8. Being capable of taking special vehicle safety measures; controlling the body, service doors, emergency exits, first aid equipment, fire extinguishers and other safety equipment (categories D, DE, D1, D1E only);

8.1.9. Reading a road map, route planning, including the use of electronic navigation systems (optional).

8.2. Special manoeuvres to be tested with a bearing on road safety

8.2.1. Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (categories CE, C1E, DE, D1E only);

8.2.2. Reversing along a curve, the line of which shall be left to the discretion of the Member States;

8.2.3. Parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, CE, C1, C1E only);

8.2.4. Parking to let passengers on or off the bus safely (categories D, DE, D1, D1E only).

8.3. Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

8.3.1. Driving away: after parking, after a stop in traffic; exiting a driveway;

8.3.2. Driving on straight roads; passing oncoming vehicles, including in confined spaces;

8.3.3. Driving round bends;

8.3.4. Crossroads: approaching and crossing of intersections and junctions;

8.3.5. Changing direction: left and right turns; changing lanes;

8.3.6. Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

8.3.7. Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being over- taken by other traffic (if appropriate); C 295E/28EN Official Journal of the European Union 5.12.2006

8.3.8. Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes;

8.3.9. Taking the necessary precautions when alighting from the vehicle.

9. Marking of the test of skills and behaviour

9.1. For each of the abovementioned driving situations, the assessment must reflect the degree of ease with which the applicant handles the vehicle controls and his demonstrated capacity to drive in traffic in complete safety. The examiner must feel safe throughout the test. Driving errors or dangerous conduct immediately endangering the safety of the test vehicle, its passengers or other road users shall be penalised by failing the test, whether or not the examiner or accompanying person has to intervene. Nonetheless, the examiner shall be free to decide whether or not the skills and behaviour test should be completed.

Driving examiners must be trained to assess correctly the applicants' ability to drive safely. The work of driving examiners must be monitored and supervised, by a body authorised by the Member State, to ensure correct and consistent application of fault assessment in accordance with the standards laid down in this Annex.

9.2. During their assessment, driving examiners shall pay special attention to whether an applicant is showing a defensive and social driving behaviour. This should reflect the overall style of driving and the driving examiner should take this into account in the overall picture of the applicant. It includes adapted and determined (safe) driving, taking into account road and weather conditions, taking into account other traffic, taking into account the interests of other road users (particularly the more vulnerable) and anticipation.

9.3. The driving examiner will furthermore assess whether the applicant is:

9.3.1. Controlling the vehicle; taking into account: proper use of safety belts, rear-view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories BE, C, CE, C1, C1E, DE, D1E only); the comfort of the passengers (categories D, DE, D1, D1E only) (no fast acceleration, smoothly driving and no hard braking);

9.3.2. Driving economically and in an environmentally friendly way, taking into account the revolutions per minute, changing gears, braking and accelerating (categories BE, C, CE, C1, C1E, D, DE, D1, D1E only);

9.3.3. Observation: all-round observation; proper use of mirrors; far, middle, near distance vision;

9.3.4. Priority/giving way: priority at crossroads, intersections and junctions; giving way at other occasions (e.g. changing direction, changing lanes, special manoeuvres);

9.3.5. Correct position on the road: proper position on the road, in lanes, on roundabouts, round bends, suitable for the type and the characteristics of the vehicle; pre-positioning;

9.3.6. Keeping distance: keeping adequate distance to the front and the side; keeping adequate distance from other road users;

9.3.7. Speed: not exceeding the maximum allowed speed; adapting speed to weather/traffic conditions and where appropriate up to national speed limits; driving at such a speed that stopping within distance of the visible and free road is possible; adapting speed to general speed of same kind of road users;

9.3.8. Traffic lights, road signs and other indications: acting correctly at traffic lights; obeying instructions from traffic controllers; acting correctly at road signs (prohibitions or commands); take appropriate action at road markings;

9.3.9. Signalling: give signals where necessary, correctly and properly timed; indicating directions correctly; taking appropriate action with regard to all signals made by other road users;

9.3.10. Braking and stopping: decelerating in time, braking or stopping according to circumstances; anticipation; using the various braking systems (only for categories C, CE, D, DE); using speed reduction systems other than the brakes (only for categories C, CE, D, DE). 5.12.2006 EN Official Journal of the European Union C 295E/29

10. Length of the test The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in paragraph B of this Annex. In no circumstances should the time spent driving on the road be less than 25 minutes for categories A, A1, A2, B, B1 and BE and 45 minutes for the other categories. This does not include the reception of the applicant, the preparation of the vehicle, the technical check of the vehicle with a bearing on road safety, the special manoeuvres and the announcement of the outcome of the practical test.

11. Location of the test The part of the test to assess the special manoeuvres may be conducted on a special testing ground. Wherever practicable, the part of the test to assess behaviour in traffic should be conducted on roads outside built-up areas, expressways and motorways (or similar), as well as on all kinds of urban streets (residential areas, 30 and 50 km/h areas, urban expressways) which should represent the various types of difficulty likely to be encountered by drivers. It is also desirable for the test to take place in various traffic density conditions. The time spent driving on the road should be used in an optimal way to assess the applicant in all the various traffic areas that can be encountered, with a special emphasis on changing between these areas.

II. KNOWLEDGE, SKILL AND BEHAVIOUR FOR DRIVING A POWER-DRIVEN VEHICLE Drivers of all power-driven vehicles must at any moment have the knowledge, skills and behaviour described under points 1 to 9, with a view to be able to: — Recognise traffic dangers and assess their seriousness, — Have sufficient command of their vehicle not to create dangerous situations and to react appropriately should such situations occur, — Comply with road traffic regulations, and in particular those intended to prevent road accidents and to maintain the flow of traffic, — Detect any major technical faults in their vehicles, in particular those posing a safety hazard, and have them reme- died in an appropriate fashion, — Take account of all the factors affecting driving behaviour (e.g. alcohol, fatigue, poor eyesight, etc.) so as to retain full use of the faculties needed to drive safely, — Help ensure the safety of all road users, and in particular of the weakest and most exposed by showing due respect for others. Member States may implement the appropriate measures to ensure that drivers who have lost the knowledge, skills and behaviour as described under points 1 to 9 can recover this knowledge and these skills and will continue to exhibit such behaviour required for driving a motor vehicle. C 295E/30EN Official Journal of the European Union 5.12.2006

ANNEX III

MINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS FOR DRIVING A POWER-DRIVEN VEHICLE

DEFINITIONS

1. For the purpose of this Annex, drivers are classified in two groups:

1.1. Group 1:

drivers of vehicles of categories A, A1, A2, AM, B, B1 and BE.

1.2. Group 2:

drivers of vehicles of categories C, CE, C1, C1E, D, DE, D1 and D1E.

1.3. National legislation may provide for the provisions set out in this Annex for Group 2 drivers to apply to drivers of Category B vehicles using their driving licence for professional purposes (taxis, ambulances, etc.).

2. Similarly, applicants for a first driving licence or for the renewal of a driving licence are classified in the group to which they will belong once the licence has been issued or renewed.

MEDICAL EXAMINATIONS

3. Group 1:

Applicants shall be required to undergo a medical examination if it becomes apparent, when the necessary formal- ities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they have one or more of the medical disabilities mentioned in this Annex.

4. Group 2:

Applicants shall undergo medical examinations before a driving licence is first issued to them and thereafter drivers shall be checked in accordance with the national system in place in the Member State of normal residence whenever their driving licence is renewed

5. The standards set by Member States for the issue or any subsequent renewal of driving licences may be stricter than those set out in this Annex.

SIGHT

6. All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant's vision is adequate, he shall be examined by a competent medical authority. At this examination attention shall be paid the following in particular: visual acuity, field of vision, twilight vision and progressive eye diseases.

For the purpose of this Annex, intra-ocular lenses shall not be considered corrective lenses.

Group 1:

6.1. Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using both eyes together. Driving licences shall not be issued or renewed if, during the medical examination, it is shown that the horizontal field of vision is less than 120oo, apart from exceptional cases duly justified by a favourable medical opinion and a positive practical test, or that the person concerned suffers from any other eye condition that would compromise safe driving. When a progressive eye disease is detected or declared, driving licences may be issued or renewed subject to the applicant undergoing regular examination by a competent medical authority.

6.2. Applicants for a driving licence, or for the renewal of such a licence, who have total functional loss of vision in one eye or who use only one eye (e.g. in the case of diplopia) must have a visual acuity of at least 0,6, with corrective lenses if necessary. The competent medical authority must certify that this condition of monocular vision has existed sufficiently long to allow adaptation and that the field of vision in this eye is normal. 5.12.2006 EN Official Journal of the European Union C 295E/31

Group 2:

6.3. Applicants for a driving licence or for the renewal of such a licence must have a visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and at least 0,5 in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,5, the uncorrected acuity in each eye must reach 0,05, or else the minimum acuity (0,8 and 0,5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres or with the aid of contact lenses (uncorrected vision = 0,05). The correction must be well tolerated. Driving licences shall not be issued to or renewed for applications or drivers without a normal binocular field of vision or suffering from diplopia.

HEARING

7. Driving licences may be issued to or renewed for applicants or drivers in Group 2 subject to the opinion of the competent medical authorities; particular account will be taken in medical examinations of the scope for compensation.

PERSONS WITH A LOCOMOTOR DISABILITY

8. Driving licences shall not be issued to or renewed for applicants or drivers suffering from complaints or abnorm- alities of the locomotor system which make it dangerous to drive a power-driven vehicle.

Group 1:

8.1. Driving licences subject to certain restrictions, if necessary, may be issued to physically disabled applicants or drivers following the issuing of an opinion by a competent medical authority. This opinion must be based on a medical assessment of the complaint or abnormality in question and, where necessary, on a practical test. It must also indicate what type of modification to the vehicle is required and whether the driver needs to be fitted with an orthopaedic device, insofar as the test of skills and behaviour demonstrates that with such a device driving would not to be dangerous.

8.2. Driving licences may be issued to or renewed for any applicant suffering from a progressive complaint on condition that the disabled person is regularly examined to check that the person is still capable of driving the vehicle completely safely.

Where the disability is static, driving licences may be issued or renewed without the applicant being subject to regular medical examination.

Group 2:

8.3. The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

CARDIOVASCULAR DISEASES

9. Any disease capable of exposing an applicant for a first licence or a driver applying for renewal to a sudden failure of the cardiovascular system such that there is a sudden impairment of the cerebral functions constitutes a danger to road safety.

Group 1:

9.1. Driving licences will not to be issued to, or renewed for, applicants or drivers with serious arrhythmia.

9.2. Driving licences may be issued to, or renewed for, applicants or drivers wearing a pacemaker subject to authorised medical opinion and regular medical check-ups.

9.3. The question of whether to issue or renew a licence for applicants or drivers suffering from abnormal arterial blood pressure shall be assessed with reference to the other results of the examination, any associated complica- tions and the danger they might constitute for road safety.

9.4. Generally speaking, a driving licence shall not be issued to or renewed for applicants or drivers suffering from angina during rest or emotion. The issuing or renewal of a driving licence to any applicant or driver having suffered myocardial infarction shall be subject to authorised medical opinion and, if necessary, regular medical check-ups. C 295E/32EN Official Journal of the European Union 5.12.2006

Group 2:

9.5. The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

DIABETES MELLITUS

10. Driving licences may be issued to, or renewed for, applicants or drivers suffering from diabetes mellitus, subject to authorised medical opinion and regular medical check-ups appropriate to each case.

Group 2:

10.1. Only in very exceptional cases may driving licences be issued to, or renewed for, applicants or drivers in this group suffering from diabetes mellitus and requiring insulin treatment, and then only where duly justified by authorised medical opinion and subject to regular medical check-ups.

NEUROLOGICAL DISEASES

11. Driving licences shall not be issued to, or renewed for, applicants or drivers suffering from a serious neurological disease, unless the application is supported by authorised medical opinion.

Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and coordination, must accordingly be taken into account in relation to their functional effects and the risks of progression. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration.

12. Epileptic seizures or other sudden disturbances of the state of consciousness constitute a serious danger to road safety if they occur in a person driving a power-driven vehicle.

Group 1:

12.1. A licence may be issued or renewed subject to an examination by a competent medical authority and to regular medical check-ups. The authority shall decide on the state of the epilepsy or other disturbances of consciousness, its clinical form and progress (no seizure in the last two years, for example), the treatment received and the results thereof.

Group 2:

12.2. Driving licences shall not be issued to or renewed for applicants or drivers suffering or liable to suffer from epileptic seizures or other sudden disturbances of the state of consciousness.

MENTAL DISORDERS

Group 1:

13.1. Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from: — severe mental disturbance, whether congenital or due to disease, trauma or neurosurgical operations, — severe mental retardation, — severe behavioural problems due to ageing; or personality defects leading to seriously impaired judgment, behaviour or adaptability, unless their application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups.

Group 2:

13.2. The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

ALCOHOL

14. Alcohol consumption constitutes a major danger to road safety. In view of the scale of the problem, the medical profession must be very vigilant. 5.12.2006 EN Official Journal of the European Union C 295E/33

Group 1: 14.1. Driving licences shall not be issued to, or renewed for, applicants or drivers who are dependent on alcohol or unable to refrain from drinking and driving. After a proven period of abstinence and subject to authorised medical opinion and regular medical check-ups, driving licences may be issued to, or renewed for, applicant or drivers who have in the past been dependent on alcohol.

Group 2: 14.2. The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

DRUGS AND MEDICINAL PRODUCTS 15. Abuse: Driving licences shall not be issued to or renewed for applicants or drivers who are dependent on psychotropic substances or who are not dependent on such substances but regularly abuse them, whatever category of licence is requested. Regular use:

Group 1: 15.1. Driving licences shall not be issued to, or renewed for, applicants or drivers who regularly use psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all other medicinal products or combinations of medicinal products which affect the ability to drive.

Group 2: 15.2. The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definitions of this group.

RENAL DISORDERS Group 1: 16.1. Driving licences may be issued or renewed for applicants and drivers suffering from serious renal insufficiency subject to authorised medical opinion and regular medical check-ups.

Group 2: 16.2. Save in exceptional cases duly justified by authorised medical opinion, and subject to regular medical check-ups, driving licences shall not be issued to or renewed for applicants or drivers suffering from serious and irreversible renal deficiency.

MISCELLANEOUS PROVISIONS Group 1: 17.1. Subject to authorised medical opinion and, if necessary, regular medical check-ups, driving licences may be issued to or renewed for applications or drivers who have had an organ transplant or an artificial implant which affects the ability to drive.

Group 2: 17.2. The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. 18. As a general rule, where applicants or drivers suffer from any disorder which is not mentioned in the preceding paragraph but is liable to be, or to result in, a functional incapacity affecting safety at the wheel, driving licences shall not be issued or renewed unless the application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups. C 295E/34EN Official Journal of the European Union 5.12.2006

ANNEX IV

MINIMUM STANDARDS FOR PERSONS WHO CONDUCT PRACTICAL DRIVING TESTS

1. Competences required by a driving examiner

1.1. A person authorised to conduct practical assessments in a motor vehicle of the driving performance of a candidate must have knowledge, skills and understanding related to the topics listed in points 1.2 to 1.6.

1.2. The competences of an examiner must be relevant to assessing the performance of a candidate seeking the category of driving licence entitlement for which the driving test is being undertaken.

1.3. Knowledge and understanding of driving and assessment:

— theory of driving behaviour,

— hazard perception and accident avoidance,

— the syllabus underpinning driving test standards,

— the requirements of the driving test,

— relevant road and traffic legislation, including relevant EU and national legislation and interpretative guidelines,

— assessment theory and techniques,

— defensive driving.

1.4. Assessment skills:

— ability to observe accurately, monitor, and evaluate overall candidate performance, in particular:

— correct and comprehensive recognition of dangerous situations,

— accurate determination of cause and likely effect of such situations,

— achievement of competence and recognition of errors,

— uniformity and consistency in assessment,

— assimilate information quickly and extract key points,

— look ahead, identify potential problems, and develop strategies to deal with them,

— provide timely and constructive feedback.

1.5. Personal driving skills:

— A person authorised to conduct a practical test for a category of driving licence must be able to drive to a consistently high standard that type of motor vehicle.

1.6. Quality of service:

— establish and communicate what the candidate can expect during the test,

— communicate clearly, choosing content, style and language to suit the audience and context and deal with enquiries from candidates,

— provide clear feedback about the test result,

— treat candidates with respect and indiscriminately.

1.7. Knowledge about vehicle technique and physics:

— knowledge about vehicle technique such as steering, tyres, brakes, lights, specially for motorcycles and heavy vehicles,

— loading safety,

— knowledge about vehicle physics such as speed, friction, dynamics, energy.

1.8. Driving in a fuel efficient and environmentally friendly way. 5.12.2006 EN Official Journal of the European Union C 295E/35

2. General conditions

2.1. A category B driving examiner:

(a) must have held a category B licence for at least 3 years;

(b) must be at least 23 years old;

(c) must have successfully completed the initial qualification provided for in point 3 of this Annex and subse- quently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex;

(d) must have terminated a vocational education that leads at least to a completion of level 3 as defined by Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (1);

(e) may not be active as a commercial driving instructor in a driving school simultaneously.

2.2. A driving examiner for the other categories:

(a) must hold a driving licence in the category concerned or possess equivalent knowledge through adequate professional qualification;

(b) must have successfully completed the initial qualification provided for in point 3 of this Annex and subse- quently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex;

(c) must have been a qualified category B driving examiner for at least 3 years; this period may be waived provided that the examiner in question can provide evidence of:

— at least 5 years of driving in the category concerned, or,

— a theoretical and practical assessment of driving ability of a standard higher than that needed to obtain a driving licence thus making that requirement unnecessary,

(d) must have completed a vocational education that leads at least to a termination of the level 3 as defined by Decision 85/368/EEC;

(e) may not be active as a commercial driving instructor in a driving school simultaneously.

2.3. Equivalences

2.3.1. Member States may authorise an examiner to conduct driving tests for categories AM, A1, A2 and A upon passing the initial qualification prescribed in point 3 for one of these categories.

2.3.2. Member States may authorise an examiner to conduct driving tests for categories C1, C, D1 and D upon passing the initial qualification prescribed in point 3 for one of these categories.

2.3.3. Member States may authorise an examiner to conduct driving tests for categories BE, C1E, CE, D1E and DE upon passing the initial qualification prescribed in point 3 for one of these categories.

3. Initial qualification

3.1. Initial training

3.1.1. Before a person may be authorised to conduct driving tests, that person must satisfactorily complete such training programme as a Member State may specify in order to have the competences set out in point 1.

3.1.2. Member States must determine whether the content of any particular training programme will relate to authorisation to conduct driving tests for one driving licence category, or more than one.

(1) OJ L 199, 31.7.1985, p. 56. C 295E/36EN Official Journal of the European Union 5.12.2006

3.2. Examinations

3.2.1. Before a person may be authorised to conduct driving tests, that person must demonstrate a satisfactory standard of knowledge, understanding, skills and aptitude in respect of the subjects listed in point 1.

3.2.2. Member States shall operate an examination process that assesses, in a pedagogically appropriate manner, the competences of the person as defined under point 1, in particular point 1.4. The examination process must include both a theoretical element and a practical element. Computer-based assessment may be used where appropriate. The details concerning the nature and duration of any tests and assessments within the examination shall be at the discretion of the individual Member States.

3.2.3. Member States must determine whether the content of any particular examination will relate to authorisation to conduct driving tests for one driving licence category, or more than one.

4. Quality assurance and periodic training

4.1. Quality assurance

4.1.1. Member States shall have in place quality assurance arrangements to provide for the maintenance of standards of driving examiners.

4.1.2. Quality assurance arrangements should involve the supervision of examiners at work, their further training and re-accreditation, their continuing professional development, and by periodic review of the outcomes of the driving tests that they have conducted.

4.1.3. Member States must provide that each examiner is subject to yearly supervision making use of quality assurance arrangements listed in point 4.1.2. Moreover, the Member States must provide that each examiner is observed conducting tests once every 5 years, for a minimum period cumulatively of at least half a day, allowing the observation of several tests. When issues are identified corrective action should be put in place. The person undertaking the supervision must be a person authorised by the Member State for that purpose.

4.1.4 Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the supervision requirement in relation to tests for one category satisfies the requirement for more than one category.

4.1.5 The work of driving examination must be monitored and supervised by a body authorised by the Member State, to ensure correct and consistent application of assessment.

4.2. Periodic training

4.2.1. Member States shall provide that, in order to remain authorised, driving examiners, irrespective of the number of categories for which they are accredited, undertake:

— a minimum regular periodic training of four days in total per period of two years in order to:

— maintain and refresh the necessary knowledge and examining skills,

— to develop new competences that have become essential for the exercise of their profession,

— ensure that an examiner continues to conduct tests to a fair and uniform standard,

— a minimum periodic training of at least five days in total per period of five years,

— in order to develop and maintain the necessary practical driving skills.

4.2.2. Member States shall take the appropriate measures for ensuring that specific training is given promptly to those examiners that have found to be seriously malfunctioning by the quality assurance system in place.

4.2.3. The nature of periodic training may take the form of briefing, classroom training, conventional or electronic- based learning, and it may be undertaken on an individual or group basis. It may include such re-accreditation of standards as Member States consider appropriate. 5.12.2006 EN Official Journal of the European Union C 295E/37

4.2.4. Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the periodic training requirement in relation to tests for one category satisfies the requirement for more than one category, provided the condition set out in point 4.2.5 is satisfied. 4.2.5. Where an examiner has not conducted tests for a category within a 24-month period, the examiner shall undertake a suitable reassessment before being allowed to carry out driving tests relating to that category. That reassessment may be undertaken as part of the requirement set out in point 4.2.1.

5. Acquired rights 5.1. Member States may allow persons authorised to conduct driving tests immediately before these provisions come into force to continue to conduct driving tests, notwithstanding that they were not authorised in accordance with the general conditions in point 2 or the initial qualification process set out in point 3. 5.2. Such examiners are nonetheless subject to the regular supervision and quality assurance arrangements set out in point 4. C 295E/38EN Official Journal of the European Union 5.12.2006

ANNEX V

MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR COMBINATIONS AS DEFINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 4(4)(B)

1. Member States shall take the necessary measures to: — approve and supervise the training provided for in Article 7(1)(d) or, — organise the test of skills and behaviour provided for in Article 7(1)(d). 2.1. Duration of driver training — at least 7 hours. 3. Content of driver training The driver training shall cover the knowledge, skills and behaviour as described in points 2 and 7 of Annex II. Par- ticular attention shall be paid to: — vehicle movement dynamics, safety criteria, tractor vehicle and trailer (coupling mechanism), correct loading and safety fittings; A practical component shall include the following exercises: acceleration, deceleration, reversing, braking, stopping distance, lane-changing, braking/evasive action, trailer swing, uncoupling from and re-coupling a trailer to its motor vehicle, parking; — Each training participant has to perform the practical component and shall demonstrate its skills and behaviour on public roads, — Vehicle combinations used for the training shall fall within the category of driving licence participants have applied for. 4. Duration and contents of the test of skills and behaviour The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in point 3. 5.12.2006 EN Official Journal of the European Union C 295E/39

ANNEX VI

MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR MOTORCYCLES WITHIN CATEGORY A (PROGRESSIVE ACCESS)

1. Member States shall take the necessary measures to: — approve and supervise the training provided for in Article 7(1)(c) or, — organise the test of skills and behaviour provided for in Article 7(1)(c). 2. Duration of driver training — at least 7 hours. 3. Content of driver training — The driver training shall contain all aspects covered in point 6 of Annex II. — Each participant has to perform the practical components of the training and shall demonstrate its skills and behaviour on public roads. — Motorcycles used for the training shall fall within the category of driving licence participants have applied for. 4. Duration and contents of the test of skills and behaviour The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in point 3 of this Annex. C 295E/40EN Official Journal of the European Union 5.12.2006

ANNEX VII

Part A REPEALED DIRECTIVE AS SUCCESSIVELY AMENDED (referred to in Article 17)

Council Directive 91/439/EEC (1) (OJ L 237, 24.8.1991, p. 1) Council Directive 94/72/EC (OJ L 337, 24.12.1994, p. 86) Council Directive 96/47/EC (OJ L 235, 17.9.1996, p. 1) Council Directive 97/26/EC (OJ L 150, 7.6.1997, p. 41) Commission Directive 2000/56/EC (OJ L 237, 21.9.2000, p. 45) Directive 2003/59/EC of the European Parliament and of the (OJ L 226, 10.9.2003, p. 4) Council, only Article 10, paragraph 2 Regulation (EC) No 1882/2003 of the European Parliament and of (OJ L 284, 31.10.2003, p. 1) the Council, only Annex II, point 24

(1) Directive 91/439/EEC was also amended by the following act which has not been repealed: 1994 Act of accession.

Part B DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW AND FOR APPLICATION (referred to in Article 17)

Directive Deadline for transposition Date of application

Directive 91/439/EEC 1st July 1994 1st July 1996 Directive 94/72/EC - 1st January1995 Decision 96/427/EC - 16 July 1996 Directive 96/47/EC 1st July 1996 1st July 1996 Directive 97/26/EC 1st January 1998 1st January 1998 Directive 2000/56/EC 30 September 2003 30 September 2003, 30 September 2008 (Annex II, point 6.2.5) and 30 September 2013 (Annex II point 5.2) Directive 2003/59/EC 10 September 2006 10 September 2008 (passenger transport) and 10 September 2009 (goods transport) 5.12.2006 EN Official Journal of the European Union C 295E/41

ANNEX VIII

CORRELATION TABLE

Directive 91/439/EEC This Directive

Article 1(1), first sentence Article 1(1) first sentence

Article 1(1), second sentence —

- Article 1(2)

Article 1(2) Article 2(1)

- Article 2(2)

Article 1(3) -

Article 2(1) Article 1(1), second sentence

Article 2(2) Article 3(1)

Article 3(2)

Article 3(3)

Article 2(3) -

Article 2(4) -

Article 3(1), first subparagraph, introductory words Article 4(1), first sentence

- Article 4(2), first indent

- Article 4(2), second indent

Article 3(1), first subparagraph, first indent Article 4(3), first indent

Article 3(1), first subparagraph, second indent Article 4(4)(b), first subparagraph

Article 3(1), first subparagraph, third indent Article 4(4)(b), second subparagraph

Article 3(1), first subparagraph, fourth indent Article 4(4)(c)

Article 3(1), first subparagraph, fifth indent Article 4(4)(f)

Article 3(1), first subparagraph, sixth indent Article 4(4)(g)

Article 3(1), first subparagraph, seventh indent Article 4(4)(j)

Article 3(1), first subparagraph, eighth indent Article 4(4)(k)

Article 3(2), first subparagraph, introductory words -

Article 3(2), first subparagraph, first indent Article 4(3)(a)

Article 3(2), first subparagraph, second indent Article 4(4)(a)

Article 3(2), first subparagraph, third indent Article 4(4)(d)

Article 3(2), first subparagraph, fourth indent Article 4(4)(e)

Article 3(2), first subparagraph, fifth indent Article 4(4)(h)

Article 3(2), first subparagraph, sixth indent, introductory Article 4(4)(i) words

Article 3(2), first subparagraph, sixth indent, first sub- - indent

Article 3(2), first subparagraph, sixth indent, second sub- - indent C 295E/42EN Official Journal of the European Union 5.12.2006

Directive 91/439/EEC This Directive

Article 3(3), introductory words -

Article 3(3), first indent Article 4(1), third sentence

Article 3(3), second indent, first subparagraph Article 4(3), second indent

Article 3(3), second indent, second subparagraph -

Article 3(3), third indent Article 4(3), first indent

Article 3(3), fourth indent Article 4(4), first indent

Article 3(3), fifth indent Article 4(4), second indent

- Article 4(3)

Article 3(4) -

Article 3(5) -

Article 3(6) Article 4(5), first sentence

- Article 4(5), second sentence

Article 4 Article 5

Article 5(1) Article 6(1)

Article 5(1)(a) Article 6(1)(a)

Article 5(1)(b) Article 6(1)(b)

Article 5(2), introductory words Article 6(2), introductory words

Article 5(2)(a) Article 6(2)(a)

Article 5(2)(b) Article 6(2)(b)

- Article 6(2)(c)

- Article 6(2)(d)

- Article 6(2)(e)

- Article 6(2)(f)

Article 5(3) -

Article 5(4) Article 6(4)

Article 6(1), introductory words Article 4(1), second sentence

Article 6(1)(a), first indent Article 4(3)(a), third indent

Article 6(1)(a), second indent Article 4(4)(a), second indent

Article 6(1)(b), first indent Article 4(3)(b), second indent

Article 4(3)(c), second indent

Article 6(1)(b), second indent first alternative Article 4(4)(b), fifth subparagraph

Article 6(1)(b), second indent second alternative Article 4(4)(c), second indent

Article 6(1)(b), third indent first and second alternative Article 4(4)(g), second indent

Article 6(1)(b), third indent third and fourth alternative Article 4(4)(e), third indent

Article 6(1)(c), first indent first and second alternative Article 4(4)(k), second indent

Article 6(1)(c), first indent third and fourth alternative Article 4(4)(i), second indent

Article 6(2) Article 4(6), first subparagraph

- Article 4(6), second subparagraph

Article 6(3) Article 4(6), third and fourth subparagraphs 5.12.2006 EN Official Journal of the European Union C 295E/43

Directive 91/439/EEC This Directive

Article 7(1), introductory words Article 7(1), introductory words Article 7(1)(a) Article 7(1)(a) - Article 7(1)(b) - Article 7(1)(c) - Article 7(1)(d) Article 7(1)(b) Article 7(1)(e) Article 7(2) - Article 7(3) - - Article 7(2) - Article 7(3) Article 7(4) Article 7(4) Article 7(5) Article 7(5)(a) - Article 7(5)(b) - Article 7(5)(c) - Article 7(5)(d) Article 7 a(1) - Article 7 a(2) Article 8 Article 7 b Article 9 - Article 10 Article 8 Article 11 Article 9 Article 12 Article 10 Article 13(1) - Article 13(2) Article 11 Article 14 Article 12(1) - Article 12(2) - Article 12(3) Article 15 - Article 16 Article 13 Article 17, first subparagraph - Article 17, second subparagraph - Article 18 Article 14 Article 19 Annex I - Annex Ia Annex I Annex II Annex II Annex III Annex III - Annex IV - Annex V - Annex VI C 295E/44EN Official Journal of the European Union 5.12.2006

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

The Commission adopted its proposal on 21 October 2003.

On 23 February 2005, the European Parliament adopted its opinion in first reading.

On 18 September 2006 the Council adopted its common position in accordance with Article 251 of the Treaty.

In carrying out its work, the Council also took account of the opinion of the European Economic and Social Committee (1).

II. ANALYSIS OF THE COMMON POSITION

The common position reflects the outcome of informal contacts between the European Parliament, the Commission and the Council. Although the proposal has been restructured to make it more logical and readable, in essence the common position text retains all the principal elements proposed by the Commission.

However, certain modifications have been agreed, reflecting either concerns raised by the Parliament in its first reading (i.e. the issue of mandatory exchange of all existing driving licences) or issues raised by the Council.

The common position, as it stands today, follows the aim of the three institutions to recast the existing Directive and to add the necessary provisions in order to meet the requirements of an extremely mobile society in an enlarged European Union (i.e. one document type throughout the Community) while increasing anti-fraud measures and improving road safety. The common position therefore addresses the following key issues:

— The reclassification of vehicle-trailer combinations (art. 4.4.b et al.);

— The access regime to motorcycles (art. 4.3 et al.);

— The one person one licence approach (art. 7.5 and art. 11.4);

— The issue of the obligatory exchange of all existing driving licences documents (art. 3.3 et al.).

(i) The reclassification of vehicle-trailer combinations

As regards trailer combinations within category B, the Commission proposed to shift all combinations with trailers above 750 kg to category BE. The Parliament and the Council considered such a provision as too strict, given that a considerable number of ‘light’ camping trailers already surpass such weight limit due to their interior design. However, in order to meet road safety concerns and at the same time to avoid additional burden for the citizen, the two co-legislators decided to introduce a provision allowing a maximum authorized mass of 4 250 kg for vehicle and trailer combinations in category B. In case such a combination exceeds 3 500 kg, national authorities shall require additional training or the passing of a test of skills and behaviour or both. The requirements for the training and the practical test are laid down in a new Annex to the Directive (Annex V).

With this provision, and while respecting the type approval rules for vehicles, the Parliament and the Council assure that:

— the tractor vehicle remains within the 3 500 kg limit,

— the existing 4 250 kg maximum mass (3 500 kg + 750 kg) is not surpassed,

while the combination itself is being made more flexible and transparent for the citizen.

(1) OJ C 112, 30.4.2004, p. 34. The Committee of the Regions decided not to deliver an opinion on the Commission proposal. 5.12.2006 EN Official Journal of the European Union C 295E/45

With regard to category BE, the two co-legislators agreed to allow a maximum authorised mass of 3 500 kg for the trailer. Combinations with a towing vehicle in category B and a trailer exceeding 3 500 kg can only be driven with a category C1E.

(ii) The access regime to motorcycles

In the light of improving road safety and to make an equation between mobility and safety, the three institutions reached agreement on the principle of progressive access to motorcycles and on the age for mutual recognition of licences. The three institutions also decided to introduce a special category for mopeds (category AM), for which a licence can be obtained at the age of 16 years after having passed a theory test. Member States may impose further requirements and may decide to integrate category AM into the philosophy of progressive access if they wish.

As for further improving road safety and reducing the high number of accidents among young or novice motorcycle riders, the Parliament and the Council followed the Commission's principle of a staged (or progressive) access to motorcycles of higher specification. Therefore, they fixed the minimum age for motorcycles in category A1 (light motorcycles) at 16 years and for category A2 (medium size/weight motorcycles) at 18 years. The 2 years age difference must also be respected if a Member State decides to grant direct access to category A1 only at the age of 17 or 18 years. If the applicant has acquired a 2 year experience on category A1, he has to pass a test of skills and behaviour or complete a training in order to ride motorcycles in category A2.

The minimum age for category A (heavy motorcycles) is fixed at 20 years under the condition that the applicant has acquired a two years' experience on a motorcycle of category A2 and passed a test of skills and behaviour or completed a training.

For direct access to the most powerful motorcycles, the three institutions decided not to apply the philosophy of progressive access and to set the unique minimum age of 24 years throughout the Com- munity, thus taking into account the lack of the applicant's experience.

(iii) The ‘one person one licence’ approach

Driving licence fraud has become a well known phenomenon among the police authorities of the Member States. The various types of fraud range from trafficking the document itself, to unlawful obtaining of duplicates and the obtaining of a new licence in a different Member State while being banned from driving in the ‘home’ Member State.

Therefore, the Parliament and the Council fully support the Commission's approach of ‘one person — one licence’ in order to prevent these kinds of fraud in the future. The common position thus recon- firms the principle that one person can only hold one driving licence. It also introduces, in addition to the obligatory regular administrative renewal of the document, new provisions which oblige a Member State:

— to refuse to issue a licence where it establishes that the applicant already holds a driving licence;

— and, as regards the issue, replacement, renewal or exchange of a driving licence, verify with other Member States if there are reasonable grounds to suspect that the applicant already holds a driving licence.

Member States will also be obliged to refuse to issue or to recognize the validity of a driving licence to a person whose licence is restricted, suspended or withdrawn in another Member State.

In order to improve the cooperation among the authorities of the Member States and to facilitate the checks, the three institutions agreed on the creation of a communication network for driving licences. C 295E/46EN Official Journal of the European Union 5.12.2006

The common position, as it stands, also contains minimum standards safeguarding a high level of protection of the driving licence document and a provision allowing the Member States to insert a microchip in the licence.

(iv) The obligatory exchange of all existing driving licences documents

In its proposal, the Commission introduced a new driving licence model which should — on the long run — be the only model in circulation within the Community. The Commission also presented provisions introducing a limited administrative validity for all new licences issued after the entry into force of this Directive. This limited administrative validity would be applicable to all categories of vehicles. The Commission proposal did not provide for a mandatory exchange of existing licences.

Whilst agreeing to the new Community driving licence model and to the compulsory renewal of the document, the Parliament and the Council decided to go one step further and to agree on a provision stipulating that all driving licence documents issued before the date of application of the current Direc- tive and which are still valid and in circulation, will have to be replaced by the new driving licence model 26 years after the entry into force of this Directive at the latest. By doing so, the two co-legislators make sure that — as from a certain moment — there will be one single driving licence model in use throughout the Community.

(v) Other issues

Introduction of a power/weight criterion for light motorcycles

Following a provision proposed by the Commission, the two co-legislators agreed to introduce a power/weight ratio not exceeding 0,1 kW/kg for light motorcycles (category A1). This measure will prevent the construction of extremely light vehicles with high acceleration and top speed possibilities, and thus have a considerable effect on the safety of young or novice motorcycle riders.

New technical characteristics for medium-weight motorcycles

In order to avoid the ‘downtuning’ of heavy motorcycles, and thus lowering the risk of accidents, the Parliament and the Council decided to follow the Commission's proposal to introduce an additional provision for ‘A2’ motorcycles stating that vehicles in this category cannot be derived from a vehicle of more than double its power.

Introduction of a new driving licence model

In order to enhance the protection against fraud and to reduce the number of licence models in circulation, the Parliament and the Council decided on the phasing-out of the paper Community driving licence model. Upon entry into force of the new legislation, the only Community driving licence model to be issued shall be a plastic card type, similar in shape and size to credit cards, which will allow for greater document safety and better protection against all attempts of forgery.

Minimum requirements for driving examiners

The existing Community legislation does not provide for set standards on the training and education of driving examiners which vary widely throughout the Union. Therefore the Commission decided to propose harmonised minimum requirements for examiners in order to arrive at comparable driving test results in the Community. The Parliament and the Council decided to follow the Commission and agreed on the introduction of basic conditions for entering the profession of driving examiners and on setting minimum standards for their initial qualification and regular training. Such harmonised provisions should also lead to an increase in road safety as they will help maintain the examiners' skills and experience in a fast changing technical environment. 5.12.2006 EN Official Journal of the European Union C 295E/47

III. CONCLUSION The common position on this Directive retains all the principal elements of the Commission proposal, adjusted in a balanced and appropriate manner to reflect the concerns of the Parliament and the Council. It is the result of contacts between the three institutions involved in the framework of the Joint Declaration on practical arrangements for the new co-decision procedure (1). The Council has noted the undertaking given by the president of the Parliament's TRAN Committee, in the context of these contacts, to recommend this text for approval by the Parliament without amendment in second reading, following which the Directive will be deemed to have been adopted in accordance with the common position.

(1) OJ C 148, 28.5.1999, p.1. C 295E/48EN Official Journal of the European Union 5.12.2006

COMMON POSITION (EC) No 24/2006 adopted by the Council on 18 September 2006 with a view to the adoption of Recommendation 2006/…/EC of the European Parliament and of the Council of … on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry

(2006/C 295 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- their content is legal, respects the principle of human PEAN UNION, dignity and does not impair the overall development of minors. Having regard to the Treaty establishing the European Com- munity, and in particular Article 157 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1), (5) The Community has already intervened in the field of audiovisual and information services in order to create the necessary conditions to ensure the free movement of After consulting the Committee of the Regions, television broadcasts and other information services, in compliance with the principles of free competition and freedom of expression and information, but it should act Acting in accordance with the procedure referred to in with greater determination in this area with the aim of Article 251 of the Treaty (2), adopting measures to protect consumers from incitement to discrimination based on sex, racial or ethnic Whereas: origin, religion or belief, disability, age or sexual orientation and of combating any such discrimination. Such action should strike a balance between the protection of (1) The Charter of Fundamental Rights of the European individual rights on the one hand and freedom of Union (3) (‘the Charter’) declares in Article 1 the inviol- expression on the other, in particular with respect to ability of human dignity, providing that it must be Member States' responsibility for defining the notion of respected and protected. Article 24 of the Charter incitement to hatred or discrimination in accordance provides that children have the right to such protection with their national legislation and moral values. and care as is necessary for their well-being and that in all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration.

(2) The European Union should gear its political action to preventing any form of violation of the principle of respect for human dignity. (6) Council Recommendation 98/560/EC of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry (3) Legislative measures need to be enacted at Union level by promoting national frameworks aimed at achieving a on the protection of the physical, mental and moral comparable and effective level of protection of minors development of minors in relation to the content of all and human dignity (4) is the first legal instrument at audiovisual and information services and the protection Community level which in its recital (5) addresses issues of minors from access to inappropriate adult of the protection of minors and of human dignity in programmes or services. relation to audiovisual and information services made available to the public, whatever the means of convey- (4) The constant development of new information and ance. Article 22 of Council Directive 89/552/EEC of communication technologies makes it urgent for the 3 October 1989 on the coordination of certain provi- Community to ensure full and adequate protection for sions laid down by Law, Regulation or Administrative citizens' interests in this field on the one hand, by guar- Action in Member States concerning the pursuit of tele- 5 anteeing the free delivery and free provision of informa- vision broadcasting activities ( ) (‘Television without tion services and, on the other hand, by ensuring that Frontiers Directive’) has already specifically addressed the question of the protection of minors and human dignity in television broadcasting activities. (1) OJ C 221, 8.9.2005, p. 87. (2) Opinion of the European Parliament of 7 September 2005 (OJ C 193 E, 17.8.2006, p. 217), Council Common Position of 18 (4) OJ L 270, 7.10.1998, p. 48. September 2006 and Position of the European Parliament of … (not (5) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive yet published in the Official Journal). 97/36/EC of the European Parliament and of the Council (OJ L 202, (3) OJ C 364, 18.12.2000, p. 1. 30.7.1997, p. 60). 5.12.2006 EN Official Journal of the European Union C 295E/49

(7) It is suggested that the Council and the Commission authorities, industries, associations, citizens and civil should pay special attention to the implementation of society. this Recommendation when revising, negotiating or concluding new partnership agreements or new cooperation programmes with third countries, bearing in mind the global character of producers, distributors or providers of audiovisual content and Internet access. (13) In the public consultation concerning Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council (8) By Decision No 276/1999/EC (1), the European Parlia- Directive 89/552/EEC on the coordination of certain ment and the Council adopted a multiannual Com- provisions laid down by law, regulation or administra- munity Action plan on promoting safer use of the tive action in Member States concerning the pursuit of Internet by combating illegal and harmful content on television broadcasting activities (4), it was suggested that global networks (the ‘Safer Internet Action Plan’). the need to adopt measures in relation to media literacy be included among the subjects covered by Recommen- dation 98/560/EC.

(9) Decision No 1151/2003/EC of the European Parliament and of the Council (2) extended the Safer Internet Action Plan for two years and amended its scope to include measures to encourage exchange of information and coordination with the relevant actors at national level as (14) The Commission encourages cooperation and the well as special provisions for the accession countries. sharing of experience and best practices between existing self- and co-regulatory bodies, which deal with the rating or classification of audiovisual content, regardless of the means by which it is delivered, with a view to (10) Directive 2000/31/EC of the European Parliament and of enabling all users, but especially parents, teachers and the Council of 8 June 2000 on certain legal aspects of trainers, to report illegal content and assess the content information society services, in particular electronic of audiovisual and on-line information services, as well commerce, in the Internal Market (3) clarifies some legal as any legal content which could harm the physical, concepts and harmonises certain aspects in order to mental or moral development of minors. enable information society services to fully benefit from the internal market principles. A number of the provisions of Directive 2000/31/EC are also relevant to the protection of minors and human dignity, in particular Article 16(1)(e), according to which Member States and (15) As suggested during the public consultation concerning the Commission are to encourage the drawing up of Directive 97/36/EC, it is appropriate for the right of codes of conduct regarding the protection of minors and reply or equivalent remedies to apply to on-line media, human dignity. and to take into account the specific features of the medium and service concerned.

(11) The changing media landscape, resulting from new technologies and media innovation, makes it necessary to teach children, and also parents, teachers and trainers to use audiovisual and on-line information services effec- (16) The Council Resolution of 5 October 1995 on the tively. image of women and men portrayed in advertising and the media (5) invites the Member States and the Commis- sion to take adequate measures to promote a diversified and realistic picture of the skills and potential of women (12) On the whole, self-regulation of the audiovisual sector is proving an effective additional measure, but it is not and men in society. sufficient to protect minors from messages with harmful content. The development of a European audiovisual area based on freedom of expression and respect for citizens' rights should be based on continuous dialogue between national and European legislators, regulatory (17) When tabling its proposal for a Council Directive implementing the principle of equal treatment between men (1) Decision No 276/1999/EC of the European Parliament and of the and women in the access to and supply of goods and Council of 25 January 1999 adopting a multiannual Community services, the Commission noted that the portrayal of the action plan on promoting safer use of the Internet by combating sexes in the media and in advertising raises important illegal and harmful content on global networks (OJ L 33, 6.2.1999, questions about the protection of the dignity of men and p. 1). Decision as last amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12). women, but concluded that, in the light of other funda- (2) Decision No 1151/2003/EC of the European Parliament and of the mental rights, including the freedom and pluralism of Council of 16 June 2003 amending Decision No 276/1999/EC the media, it would not be appropriate to address these adopting a multiannual Community action plan on promoting safer questions in that proposal but that it should take stock use of the Internet by combating illegal and harmful content on global networks (OJ L 162, 1.7.2003, p. 1). of these questions. (3) OJ L 178, 17.7.2000, p. 1. (4) OJ L 202, 30.7.1997, p. 60. (5) OJ C 296, 10.11.1995, p. 15. C 295E/50EN Official Journal of the European Union 5.12.2006

(18) The audiovisual and on-line information services sion of means of access in educational establishments industry should be encouraged at Member State level to and public places, avoid and to combat any type of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in such media and all (c) action to inform citizens more about the possibilities advertising, including new advertising techniques, offered by the Internet; without infringing freedom of expression or of the press. examples of possible actions concerning media literacy are outlined in Annex II; (19) This Recommendation covers new technological developments and complements Recommendation 98/560/EC. Its scope, on account of technological 3. promoting a responsible attitude on the part of profes- advances, includes audiovisual and on-line information sionals, intermediaries and users of new communication services made available to the public via fixed or mobile media such as the Internet by: electronic networks.

(a) encouraging the audiovisual and on-line information (20) Nothing in this Recommendation prevents Member services industry, without infringing freedom of States from applying their constitutional provisions and expression or of the press, to avoid all discrimination other legislation and legal practices regarding freedom of based on sex, racial or ethnic origin, religion or expression, belief, disability, age or sexual orientation, in all audiovisual and on-line information services, and to combat such discrimination,

(b) encouraging vigilance and the reporting of pages considered illegal, without prejudice to Directive 2000/31/EC, HEREBY RECOMMEND THAT:

(c) drawing up a code of conduct in cooperation with professionals and regulatory authorities at national and Community level; I. The Member States, in the interests of promoting the development of the audiovisual and on-line information services 4. promoting measures to combat all illegal activities industry, take the necessary measures to ensure the protec- harmful to minors on the Internet and make the Internet tion of minors and human dignity in all audiovisual and on- a much more secure medium; consideration could be line information services by: given inter alia to the following measures:

1. considering the introduction of measures into their domestic law or practice regarding the right of reply or (a) adopting a quality label for service providers, so that equivalent remedies in relation to on-line media, with users can easily check whether or not a given due regard for their domestic and constitutional legisla- provider subscribes to a code of conduct, tive provisions, and without prejudice to the possibility of adapting the manner in which it is exercised to take into account the particularities of each type of medium; (b) establishing appropriate means for the reporting of illegal and/or suspicious activities on the Internet. 2. promoting, in order to encourage the take-up of technological developments, in addition to and consistently II. The audiovisual and on-line information services industry with existing legal and other measures regarding broad- and other parties concerned: casting services, and in close cooperation with the parties concerned: 1. develop positive measures for the benefit of minors, including initiatives to facilitate their wider access to (a) action to enable minors to make responsible use of audiovisual and on-line information services, while audiovisual and on-line information services, notably avoiding potentially harmful content, for instance by by improving the level of awareness among parents, means of filtering systems. Such measures could include teachers and trainers of the potential of the new harmonisation through cooperation between the regula- services and of the means whereby they may be tory, self-regulatory and co-regulatory bodies of the made safe for minors, in particular through media Member States, and through the exchange of best prac- literacy or media education programmes and, for tices concerning such issues as a system of common instance, by continuous training within school educa- descriptive symbols or warning messages indicating the tion, age category and/or which aspects of the content have led to a certain age recommendation, which would help (b) action to facilitate, where appropriate and necessary, users to assess the content of audiovisual and on-line the identification of, and access to, quality content information services. This could take place, for instance, and services for minors, including through the provi- through the actions outlined in Annex III; 5.12.2006 EN Official Journal of the European Union C 295E/51

2. examine the possibility of creating filters which would 3. intends to explore the possibility of supporting the establish- prevent information offending against human dignity ment of a generic second level domain name reserved for from passing through the Internet; monitored sites committed to respecting minors and their rights, such as .KID.eu; 3. develop measures to increase the use of content labelling systems for material distributed over the Internet; 4. continues to maintain a constructive and ongoing dialogue 4. consider effective means of avoiding and combating with content providers' organisations, consumer organisa- discrimination based on sex, racial or ethnic origin, reli- tions and all parties concerned; gion or belief, disability, age or sexual orientation in audiovisual and on-line information services and of 5. intends to facilitate and support the formation of networks promoting a diversified and realistic picture of the skills by self-regulatory bodies and the exchanging of experience and potential of men and women in society. among them, so as to assess the effectiveness of codes of conduct and approaches based on self-regulation in order to TAKE NOTE THAT THE COMMISSION: ensure the highest possible standards of protection for minors; 1. Intends to promote, in connection with the 2005-2008 multiannual Community programme on promoting safer 6. intends to submit to the European Parliament and the use of the Internet and new on-line technologies, informa- Council, on the basis of information supplied by the tion actions aimed at citizens Europe-wide using all commu- Member States, a report on the implementation and effec- nications media, to inform the public about the benefits and tiveness of the measures specified in this Recommendation, possible risks of the Internet, how to use it responsibly and and to review this Recommendation if and when the need safely, how to make complaints and how to activate arises. parental control. Specific campaigns could be aimed at target groups such as schools, parents' associations and users; Done at …, on … 2. intends to explore the possibility of introducing a European freephone number or of extending an existing service to assist Internet users by directing them to available complaint For the European Parliament For the Council mechanisms and information resources and providing information for parents about the effectiveness of filtering soft- The President The President ware; … … C 295E/52EN Official Journal of the European Union 5.12.2006

ANNEX I

INDICATIVE GUIDELINES FOR THE IMPLEMENTATION, AT NATIONAL LEVEL, OF MEASURES IN DOMESTIC LAW OR PRACTICE SO AS TO ENSURE THE RIGHT OF REPLY OR EQUIVALENT REMEDIES IN RELATION TO ON-LINE MEDIA

Objective: introducing measures in the domestic law or practice of the Member States in order to ensure the right of reply or equivalent remedies in relation to on-line media, with due regard for their domestic and constitutional provisions and without prejudice to the possibility of adjusting its exercise to the particularities of each type of medium. The term ‘medium’ refers to any means of communication for dissemination to the public of edited information on-line such as newspapers, periodicals, radio, television and Internet-based news services. Without prejudice to other provisions adopted by the Member States under civil, administrative or criminal law, any natural or legal person, regardless of nationality, whose legitimate interests, in particular, but not limited to, reputation and good name, have been affected by an assertion of facts in a publication or transmission should have the right of reply or equivalent remedies. Member States should ensure that the actual exercise of the right of reply or equivalent remedies is not hindered by the imposition of unreasonable terms or conditions. The right of reply or equivalent remedies should exist in relation to on-line media under the jurisdiction of a Member State. Member States should adopt the measures needed to establish the right of reply or equivalent remedies and should determine the procedure to be followed for the exercise thereof. In particular, they should ensure that a sufficient time span is allowed and that the procedures are such that the right of reply or equivalent remedies can be exercised appropriately by natural or legal persons resident or established in other Member States. The right of reply can be ensured not only through legislation, but also through co-regulatory or self-regulatory measures. The right of reply is a particularly appropriate remedy in the on-line environment because it allows for an instant response to contested information and it is technically easy to attach the replies from the persons affected. However, the reply should be within a reasonable time after the request has been substantiated and at a time and in a manner appropriate to the publication or transmission to which the request refers. Provision should be made for procedures whereby disputes as to the exercise of the right of reply or the equivalent remedies could be subject to review by the courts or similar independent bodies. An application for exercise of right of reply or the equivalent remedies may be rejected if the claimant does not have a legitimate interest in the publication of such a reply, or if the reply would involve a punishable act, would render the content provider liable to civil law proceedings or would transgress standards of public decency. The right of reply is without prejudice to other remedies available to persons whose right to dignity, honour, reputation or privacy have been breached by the media. 5.12.2006 EN Official Journal of the European Union C 295E/53

ANNEX II

Examples of possible actions concerning media literacy: (a) continuing education of teachers and trainers, in liaison with child protection associations, on using the Internet in the context of school education so as to maintain awareness of the possible risks of the Internet with particular regard to chatrooms and fora; (b) introduction of specific Internet training aimed at children from a very early age, including sessions open to parents; (c) an integrated educational approach forming part of school curricula and media literacy programmes, so as to provide information on using the Internet responsibly; (d) organisation of national campaigns aimed at citizens, involving all communications media, to provide information on using the Internet responsibly; (e) distribution of information packs on possible risks of the Internet (‘how to surf the Internet safely’, ‘how to filter unwanted messages’) and the setting up of hotlines to which reports or complaints concerning harmful or illegal content could be addressed; (f) adequate measures to establish or improve the performance of telephone hotlines, so as to make it easier to lodge complaints and to make it possible to report harmful or illegal content. C 295E/54EN Official Journal of the European Union 5.12.2006

ANNEX III

Examples of possible actions by the industries and the parties concerned for the benefit of minors: (a) systematically providing users with an effective, updatable and easy-to-use filtering system when they subscribe to an access provider; (b) offering access to services specifically intended for children which are equipped with automatic filtering systems operated by access providers and mobile telephone operators; (c) introducing incentives to provide a regularly updated description of the sites available, making it easier to classify sites and assess their content; (d) posting banners on search engines drawing attention to the availability both of information about responsible use of the Internet and of telephone hotlines. 5.12.2006 EN Official Journal of the European Union C 295E/55

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 30 April 2004 the Commission submitted to the European Parliament and to the Council a proposal for a recommendation, based on Article 157 of the EC Treaty, on the protection of minors and the right of reply in relation to the competitiveness of the audiovisual and information services industry.

2. The European Economic and Social Committee delivered its opinion on 9 February 2005.

3. The European Parliament delivered its opinion at first reading on 7 September 2005.

4. The Commission submitted an amended proposal on 20 January 2006.

5. On 18 September 2006, the Council adopted its common position in accordance with Article 251 (2) of the EC Treaty.

II. OBJECTIVE

The proposal follows up on Council Recommendation 98/560/EC of 24 September1998 (1), the first legal instrument at EU level which addresses issues of protection of minors and human dignity in relation to audiovisual and information services. The proposed Recommendation calls on the Member States, industry and interested parties and the Commission to enhance the protection of minors and to respect human dignity in both the broadcasting sector and on the internet. It proposes that Member States consider the introduction of measures concerning the right of reply in relation to on-line media. The following issues are addressed by the draft Recommendation:

— media literacy;

— rating or classification of audiovisual content; — portrayal of the sexes in media and advertising;

— right of reply.

III. ANALYSIS OF THE COMMON POSITION

1. General comments

The Council's common position retains the main elements of the Commission's original proposal. The main changes introduced by the Council aim to further refine the scope of the Recommenda- tion. The Council has thus specified that the Recommendation covers ‘audiovisual and online information services’ rather than ‘audiovisual and information services’, and has differentiated the scope of the right of reply, which applies to online media, from the wider scope of the part of the Recom- mendation dealing with the protection of minors.

2. European Parliament amendments

The Council has sought in its common position to take account of the European Parliament's concerns and priorities and was able to accept most of Parliament's amendments.

The Council accepted in full, in part or in principle, as did the Commission in its amended proposal, amendments 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 33, 35, 36, 37 and 38.

The Council wishes to make the following comments on those amendments where its position slightly diverges from the Commission's modified proposal.

(1) OJ L 270, 7.10.1998, p. 48. C 295E/56EN Official Journal of the European Union 5.12.2006

Regarding amendments 23 and 29, the Council has followed the approach taken by the Commis- sion, i.e. some parts of the respective amendments were transferred — in the form of examples of possible actions to be taken in order to achieve the stated aims of the Recommendation — to annexes. It has, however, reinserted some elements considered important by the European Parlia- ment in the body of the Recommendation, in order to further approximate positions with Parlia- ment. Likewise, whilst trying to avoid the introduction of a burdensome reporting obligation, the Council was able to accept the spirit of amendments 35 and 36, to meet Parliament's concerns that follow- up be ensured. The Council was unable to accept the part of amendment 37 replacing the term ‘indicative guidelines’ by ‘minimum principles’ in the section relating to the right of reply, as this term was considered excessive in the context of a recommendation. Regarding amendment 26, last indent, the Council took the view that it was preferable not to focus exclusively on the establishment of a single telephone hotline when envisaging the possible means of reporting illegal or suspicious activities on the Internet, and has retained a more open-ended wording. The Council has followed the line taken by the Commission in its amended proposal and did not include amendments 3, 5, 13, 27, 32 and 34 in its common position.

IV. CONCLUSION The Council considers that, as a whole, its common position is fully in line with the objectives of the Commission's amended proposal. The Council also considers that it has taken due account of the objectives pursued by the European Parliament in its amendments to the Commission's proposal and looks forward to an agreement with the Parliament in the near future with a view to the early adoption of the Recommendation. 5.12.2006 EN Official Journal of the European Union C 295E/57

COMMON POSITION (EC) No 25/2006 adopted by the Council on 18 September 2006 with a view to the adoption of Regulation (EC) No …/2006 of the European Parliament and of the Council of … establishing a European Institute for Gender Equality

(2006/C 295 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- has to be tackled by a comprehensive mix of policy PEAN UNION, measures and that enhanced efforts are needed to meet the Lisbon strategy targets. Having regard to the Treaty establishing the European Com- munity, and in particular Articles 13(2) and 141(3) thereof, (6) The Nice European Council of 7-9 December 2000 Having regard to the proposal from the Commission, called for ‘Increased awareness, the pooling of resources and the exchange of experience, in particular through Having regard to the Opinion of the European Economic and the establishment of a European Institute for gender Social Committee (1), issues’.

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), (7) The feasibility study (3) carried out for the Commission concluded that there is a clear role for a European Insti- Whereas: tute for Gender Equality to carry out some of the tasks which the existing institutions do not currently deal with, specifically in the areas of coordination, centralisa- (1) Equality between men and women is a fundamental tion and dissemination of research data and information, principle of the European Union. Articles 21 and 23 of network building, the raising of visibility of equality the Charter of Fundamental Rights of the European between men and women, highlighting the gender Union set out a prohibition on any discrimination on perspective and the development of tools for improved grounds of sex and provide that equality between men integration of gender equality in all Community policies. and women must be ensured in all areas.

(2) Article 2 of the Treaty provides that equality between men and women is one of the Community's essential (8) The European Parliament in its Resolution of 10 March 2004 on the European Union's policies on gender tasks. Similarly, Article 3(2) of the Treaty requires the equality (4) called on the Commission to speed up the Community to aim to eliminate inequalities and to promote equality between men and women in all its efforts leading to the setting-up of an Institute. activities and thus ensure the integration of the dimension of equality between men and women in all Com- munity policies. (9) The Council of Employment, Social Affairs, Health and Consumers Affairs of 1-2 June 2004 and the European (3) Article 13 of the Treaty empowers the Council to take Council of 17-18 June 2004 supported the establish- appropriate action to combat discrimination inter alia ment of a European Institute for Gender Equality. The on grounds of sex in all areas of Community compe- European Council asked the Commission to bring tence. forward a specific proposal.

(4) The principle of equal opportunities and equal treatment of men and women in matters of employment and occu- (10) The collection, analysis and dissemination of objective, pation is enshrined in Article 141 of the Treaty and a reliable and comparable information and data on comprehensive body of legislation on equal treatment of equality between men and women, the development of men and women in relation to access to employment appropriate tools for the elimination of all forms of and working conditions including equal pay is already in discrimination on grounds of sex and the integration of place. the gender dimension in all policy areas, the promotion of dialogue among stakeholders and the raising of (5) The Commission's first annual report on equality awareness among EU citizens are necessary so as to between men and women to the Spring European enable the Community to effectively promote and imple- Council in 2004 concluded that significant gender gaps ment gender equality policy, in particular in an enlarged exist in most policy fields, that inequality between men Union. It is therefore appropriate to establish a European and women is a multi-dimensional phenomenon that Institute for Gender Equality which would assist the Community institutions and the Member States by carrying out those tasks. (1) OJ C 24, 31.1.2006, p. 29. (2) Opinion of the European Parliament of 14 March 2006 (not yet published in the Official Journal), Council Common Position of (3) European Commission Feasibility Study for a European Gender 18 September 2006 and Position of the European Parliament of … Institute (conducted by PLS Ramboll Management, DK, 2002). (not yet published in the Official Journal). (4) OJ C 102 E, 28.4.2004, p. 638. C 295E/58EN Official Journal of the European Union 5.12.2006

(11) Gender equality cannot be achieved by an anti-discrimi- the interest of efficiency, it is appropriate for the Insti- nation policy alone but requires measures to promote tute to set up and coordinate an electronic European harmonious co-existence and balanced participation by Network on Gender Equality with such entities and men and women within society; the Institute should experts in the Member States. contribute to the attainment of that objective.

(16) In accordance with Article 3(2) of the Treaty it is appro- (12) Given the importance of eliminating gender stereotypes priate to promote a balanced participation of men and in European society in all walks of life and of providing women in the composition of the Management Board. positive examples for women and men to follow, action to achieve that should also be included among the Insti- tute's tasks.

(17) The Institute should enjoy maximum independence in the performance of its tasks.

(13) Cooperation with the relevant authorities of the Member States and relevant statistical bodies, in particular Euro- stat, is essential to promote the collection of comparable and reliable data at European level. Given that informa- (18) The Institute should apply the relevant Community legislation concerning public access to documents as set out tion on equality between men and women is relevant to 5 all levels within the Community — local, regional, in Regulation (EC) No 1049/2001 ( ) and the protection of individuals with regard to the processing of personal national and Community — it would be useful for such 6 information to be available to Member States' authorities data as set out in Regulation (EC) No 45/2001 ( ). in order to help them formulate policies and measures at local, regional and national level in their spheres of competence.

(19) Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regu- lation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the (14) The Institute should work as closely as possible with all Financial Regulation applicable to the general budget of Community programmes and bodies in order to avoid the European Communities (7), applies to the Institute. duplication and ensure the best possible use of resources, in particular as regards the European Foundation for the Improvement of Living and Working Conditions (1), the European Agency for Safety and Health at Work (2), the Centre for the Development of Vocational Training (3) (20) For the contractual liability of the Institute, which is and the European Union Agency for Fundamental 4 governed by the law applicable to the contracts Rights ( ). concluded by the Institute, the Court of Justice should have jurisdiction to give judgment, pursuant to any arbi- tration clause, contained in the contract. The Court of Justice should also have jurisdiction in disputes relating to compensation for any damage arising from the non- (15) The Institute should develop cooperation and dialogue contractual liability of the Institute. with non-governmental and equal opportunities organisations, research centres, social partners, and other related bodies actively seeking to achieve equality at national and European level and in third countries. In (21) An independent external evaluation should be under- (1) Council Regulation (EEC) No 1365/75 of 26 May 1975 on the crea- taken to assess the impact of the Institute, the possible tion of a European Foundation for the Improvement of Living and need to modify or extend its tasks and the timing of Working Conditions (OJ L 139, 30.5.1975, p. 1). Regulation as last further such reviews. amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005, p. 1). (2) Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a (5) Regulation (EC) No 1049/2001 of the European Parliament and of European Agency for Safety and Health at Work (OJ L 216, the Council of 30 May 2001 regarding public access to European 20.8.1994, p. 1). Regulation as last amended by Regulation (EC) Parliament, Council and Commission documents (OJ L 145, No 1112/2005 (OJ L 184, 15.7.2005, p. 5). 31.5.2001, p. 43). (3) Council Regulation (EEC) No 337/75 of 10 February 1975 estab- (6) Regulation (EC) No 45/2001 of the European Parliament and of the lishing a European Centre for the Development of Vocational Council of 18 December 2000 on the protection of individuals with Training (OJ L 39, 13.2.1975, p. 1). Regulation as last amended by regard to the processing of personal data by the Community institu- Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1). tions and bodies and of the free movement of such data (OJ L 8, (4) Member States meeting in the framework of the European Council 12.1.2001, p. 1). in December 2003 requested the Commission to prepare a proposal (7) OJ L 357, 31.12.2002, p. 72. Regulation as last amended by for a human rights agency by extending the mandate of the Euro- Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, pean Monitoring Centre on Racism and Xenophobia. 19.8.2006, p. 3). 5.12.2006 EN Official Journal of the European Union C 295E/59

(22) Since the objectives of this Regulation, namely to contri- institutions, in particular the Commission, and the authorities bute to and strengthen the promotion of gender equality, of the Member States, as set out in Article 3. including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions and the authorities of the Member States, cannot be sufficiently achieved by the Member States and can therefore, by Article 3 reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the Tasks principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. 1. To meet the objectives set in Article 2, the Institute shall:

(23) Article 13(2) of the Treaty permits the adoption of Com- (a) collect, analyse and disseminate relevant objective, compar- munity measures in order to support and promote the able and reliable information as regards gender equality, objective of combating discrimination on grounds of sex including results from research and best practice commu- beyond the field of employment. Article 141(3) of the nicated to it by Member States, Community institutions, Treaty is the specific legal basis for measures aimed to research centres, national equality bodies, non-govern- ensure the application of the principle of equal opportu- mental organisations, social partners, relevant third coun- nities and equal treatment of men and women in tries and international organisations, and suggest areas for matters of employment and occupation. Therefore, further research; Article 13(2) and Article 141(3) combined constitute the appropriate legal basis for adoption of this Regulation, (b) develop methods to improve the objectivity, comparability and reliability of data at European level by establishing criteria that will improve the consistency of information and take into account gender issues when collecting data;

(c) develop, analyse, evaluate and disseminate methodological HAVE ADOPTED THIS REGULATION: tools in order to support the integration of gender equality into all Community policies and the resulting national policies and to support gender mainstreaming in all Com- munity institutions and bodies;

Article 1 (d) carry out surveys on the situation in Europe as regards gender equality;

Establishment of the Institute (e) set up and coordinate a European Network on Gender Equality, involving the centres, bodies, organisations and experts dealing with gender equality and gender main- A European Institute for Gender Equality (hereinafter referred streaming in order to support and encourage research, to as ‘the Institute’) is hereby established. optimise the use of available resources and foster the exchange and dissemination of information;

(f) organise an annual meeting of experts from the competent bodies specialised in gender equality issues in the Member Article 2 States;

(g) organise ad hoc meetings of experts to support the institu- Objectives te's research work, encourage the exchange of information among researchers and promote the inclusion of a gender perspective in their research; The overall objectives of the Institute shall be to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the (h) in order to raise EU citizens' awareness of gender equality, resulting national policies, and the fight against discrimination organise, with relevant stakeholders, conferences, based on sex, and to raise EU citizens' awareness of gender campaigns and meetings at European level, and present the equality by providing technical assistance to the Community findings and conclusions to the Commission; C 295E/60EN Official Journal of the European Union 5.12.2006

(i) disseminate information regarding positive examples of Article 5 non-stereotypical roles for women and men in every walk of life, present its findings and initiatives designed to publi- Legal personality and capacity cise and build on such success stories;

The Institute shall have legal personality. It shall enjoy, in each (j) develop dialogue and cooperation with non-governmental of the Member States, the most extensive legal capacity and equal opportunities organisations, universities and accorded to legal persons under their laws. In particular, it may experts, research centres, social partners and related bodies acquire or dispose of movable or immovable property and may actively seeking to achieve equality at national and Euro- be a party to legal proceedings. pean level;

(k) set up documentation resources accessible to the public; Article 6 (l) make information on gender mainstreaming available to public and private organisations; Independence of the Institute

(m) provide information to the Community Institutions on The Institute shall carry out its activities independently in the gender equality and gender mainstreaming in the accession public interest. and candidate countries.

2. The Institute shall publish an annual report on its activ- Article 7 ities. Access to documents

1. Regulation (EC) No 1049/2001 shall apply to documents Article 4 held by the Institute.

2. The Management Board shall adopt arrangements for Areas of activity and working methods implementing Regulation (EC) No 1049/2001 within six months of the establishment of the Institute.

1. The Institute shall carry out its tasks within the compe- 3. Decisions taken by the Institute pursuant to Article 8 of tences of the Community and in the light of the objectives Regulation (EC) No 1049/2001 may give rise to the lodging of adopted and priority areas identified in its annual programme, a complaint to the Ombudsman or form the subject of an and with due regard to the available budgetary resources. action before the Court of Justice, under the conditions laid down in Articles 195 and 230 of the Treaty respectively.

2. The work programme of the Institute shall be in line with 4. Regulation (EC) No 45/2001 shall apply to the processing the Community priorities in the field of gender equality and of data by the Institute. the work programme of the Commission, including its statistical and research work.

Article 8 3. In pursuing its activities, the Institute shall, in order to avoid duplication and to ensure the best possible use of Cooperation with organisations at national and European resources, take account of existing information from whatever level, international organisations and third countries. source and in particular of activities already carried out by the Community institutions and by other institutions, bodies and competent national and international organisations and work 1. To help it carry out its tasks, the Institute shall cooperate closely with the competent Commission services, including with organisations and experts in the Member States, such as Eurostat. The Institute shall ensure appropriate coordination equality bodies, research centres, universities, non-govern- with all relevant Community agencies and Union bodies to be mental organisations, social partners as well as with relevant determined in a memorandum of understanding where appro- organisations at European or international level and third coun- priate. tries.

2. Should agreements with international organisations or 4. The Institute shall ensure that the information dissemi- with third countries prove necessary for the Institute to carry nated is comprehensible to the final users. out its tasks efficiently, the Community shall, in accordance with the procedure provided for in Article 300 of the Treaty, enter into such agreements with the international organisations 5. The Institute may enter into contractual relations, in par- or with third countries in the interests of the Institute. This ticular subcontracting arrangements, with other organisations, provision shall not preclude ad-hoc cooperation with such in order to accomplish any tasks which it may entrust to them. organisations or third countries. 5.12.2006 EN Official Journal of the European Union C 295E/61

Article 9 5. Each member of the Management Board referred to under paragraph 1(a) or (b), or in his or her absence his or her alter- nate, shall have one vote. Composition of the Institute

The Institute shall comprise: 6. The Management Board shall take the decisions necessary for the operation of the Institute. In particular, it shall: (a) a Management Board;

(b) a Bureau; (a) adopt, on the basis of a draft drawn up by the Director, as referred to in Article 12, after consultation with the (c) a Director and his or her staff. Commission, the annual work programme and the medium-term work programme, covering a three-year period, in accordance with the budget and the available resources; the programmes may be reviewed whenever Article 10 necessary; the first annual work programme shall be adopted not later than nine months after the appointment of the Director; Management Board

(b) adopt the annual report referred to in Article 3(2), 1. The Management Board shall consist of: comparing, in particular, the results achieved with the objectives of the annual work programme; this report shall (a) one member representing the Government of each Member be forwarded by 15 June at the latest to the European State appointed by the Council on the basis of a proposal Parliament, the Council, the Commission, the Court of from the Member States; Auditors, the European Economic and Social Committee and the Committee of the Regions and shall be published (b) three members representing the Commission, appointed by on the website of the Institute; the Commission;

(c) three members, without the right to vote, appointed by the (c) exercise disciplinary authority over the Director and Council, on the basis of a proposal from the Commission, appoint or dismiss him or her pursuant to Article 12; each of whom represents one of the following groups: (d) adopt the Institute's annual draft and final budgets. (i) an appropriate non-governmental organisation at Community level which has a legitimate interest in contributing to the fight against discrimination on 7. The Management Board shall adopt the Institute's internal grounds of sex and the promotion of gender equality; rules on the basis of a proposal drawn up by the Director after consultation with the Commission. (ii) employers' organisations at Community level; and

(iii) workers' organisations at Community level. 8. Decisions by the Management Board shall be taken by a majority of its members. The Chairperson shall have the 2. The members of the Management Board shall be casting vote. In the cases referred to in paragraph 6 and in appointed in such a way as to secure the highest standards of Article 12(1), decisions shall be taken by a two-thirds majority competence and a broad range of relevant and transdisciplinary of its members. expertise in the area of gender equality.

The Commission and the Council shall aim to achieve a 9. The Management Board shall adopt its rules of procedure balanced representation between men and women on the on the basis of a proposal drawn up by the Director after Management Board. consultation with the Commission.

Alternates who represent the member in his or her absence shall be appointed by the same procedure. 10. The Management Board shall establish a Bureau of six members, as set out in Article 11. The list of the members and alternates of the Management Board shall be published by the Council in the Official Journal of the European Union, on the website of the Institute and on other 11. The Chairperson shall convene the Management Board relevant websites. at least once a year. The Chairperson shall convene additional meetings on his or her own initiative or at the request of one- third of the members of the Management Board. 3. The term of office shall be five years and may be renewed once. 12. The Institute shall forward annually to the European 4. The Management Board shall elect its Chairperson and Parliament and the Council (hereinafter referred to as the Vice-Chairperson to serve for a period of two and a half years, ‘budgetary authority’) any information relevant to the outcome which may be renewed. of the evaluation procedures. C 295E/62EN Official Journal of the European Union 5.12.2006

13. The Directors of the European Foundation for the of office may be extended once for a period of not more Improvement of Living and Working Conditions, the European than 5 years. In the evaluation, the Commission shall assess in Agency for Safety and Health at Work, the Centre for the particular: Development of Vocational Training and of the European Union Agency for Fundamental Rights may as appropriate be (a) the results achieved in the first term of office and the way invited to attend meetings of the Management Board as obser- they were achieved, vers in order to coordinate the respective working programmes as regards gender mainstreaming. (b) the Institute's duties and requirements in the coming years.

3. The Director shall be responsible, under the supervision of the Management Board, for: Article 11 (a) performance of the tasks referred to in Article 3; Bureau (b) preparing and implementing the Institute's annual and medium-term programmes of activities; 1. The Bureau shall be made up of the Chairperson and the Vice-Chairperson of the Management Board, three members (c) preparing the meetings of the Management Board and the from the Management Board representing the Member States Bureau; and a representative of the Commission.

(d) preparing and publishing the annual report referred to in The term of office shall be two and half years and may be Article 3(2); renewed. (e) all staff-related matters, and in particular exercising the powers provided for in Article 13(3); The members of the Bureau shall be appointed by the Manage- ment Board with a view to ensuring the necessary range of relevant expertise for the operation of the Bureau. (f) matters of day-to-day administration; and

(g) the implementation of effective monitoring and evaluation 2. Without prejudice to the responsibilities of the Director, procedures relating to the performance of the Institute as set out in Article 12, the Bureau shall monitor the imple- against its objectives according to professionally-recognised mentation of the decisions of the Management Board and shall standards. The Director shall report annually to the take all necessary administrative measures for the proper Management Board on the results of the monitoring governing of the Institute between the meetings of the Manage- system. ment Board. 4. The Director shall be accountable for the management of his or her activities to the Management Board and shall take 3. Decisions by the Bureau shall be taken by consensus. If part in its meetings without voting rights. He or she may also no consensus can be reached, the Bureau shall refer the matter be invited by the European Parliament to report during a to the Management Board for decision. hearing on significant issues linked to the Institute's activities.

4. The Bureau shall keep the Management Board fully and regularly informed of its activities and any decisions taken. 5. The Director shall be the Institute's legal representative.

Article 12 Article 13

Director Staff

1. The Institute shall be headed by a Director appointed by 1. The Staff Regulations of officials of the European the Management Board on a proposal from the Commission. Communities and the Conditions of Employment of other Before being appointed, the candidate selected by the Manage- servants of the European Communities laid down by Council ment Board may be asked to make a declaration before the Regulation (EEC, ECSC, Euratom) No 259/68 (1) and the rules competent committee(s) of the European Parliament and adopted jointly by the European Community institutions for answer questions from its/their members. the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the Institute.

2. The Director's term of office shall be 5 years. On a (1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation proposal from the Commission and after evaluation, this term (EC, Euratom) No 2104/2005 (OJ L 337, 22.11.2005, p. 7). 5.12.2006 EN Official Journal of the European Union C 295E/63

2. The Management Board, in agreement with the Commis- which it shall place before the budgetary authority in accord- sion, shall adopt the necessary implementing measures, in ance with Article 272 of the Treaty. accordance with the arrangements provided for in Article 110 of the Staff Regulations. The Management Board may adopt provisions to allow national experts from Member States to be 8. The budgetary authority shall authorise the appropria- employed on secondment at the Institute. tions for the subsidy to the Institute and shall adopt the establishment plan for the Institute.

3. The Institute shall exercise in respect of its staff the powers devolved to the appointing authority. 9. The budget of the Institute shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly.

Article 14 10. The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any Drawing up of the budget project which may have significant financial implications for the funding of its budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall 1. Estimates of all the revenue and expenditure of the Insti- inform the Commission thereof. tute shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Insti- tute. Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the 2. The revenue and expenditure shown in the budget of the date of notification of the project. Institute shall be in balance.

3. The revenue of the Institute shall, without prejudice to other resources, comprise: Article 15

(a) a subsidy from the Community, entered in the general budget of the European Union (Commission section); Implementation of the budget

(b) payments received for services rendered; 1. The Director shall implement the budget of the Institute.

(c) any financial contributions from the organisations or third countries referred to in Article 8; 2. By 1 March at the latest following each financial year, the Institute's accounting officer shall communicate the provisional (d) any voluntary contribution from the Member States. accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall 4. The expenditure of the Institute shall include staff remu- consolidate the provisional accounts of the institutions and neration, administrative and infrastructure costs and operating decentralised bodies in accordance with Article 128 of Council expenses. Regulation (EC, Euratom) No 1605/2002 (1) (hereinafter referred to as ‘the Financial Regulation’).

5. Each year the Management Board, on the basis of a draft drawn up by the Director, shall produce an estimate of revenue 3. By 31 March at the latest following each financial year, and expenditure for the Institute for the following financial the Commission's accounting officer shall forward the Institu- year. This estimate, which shall include a draft establishment te's provisional accounts to the Court of Auditors, together plan, shall be forwarded by the Management Board to the with the report mentioned in paragraph 2. The report shall Commission by 31 March at the latest. also be forwarded to the European Parliament and the Council.

6. The estimate shall be forwarded by the Commission to 4. On receipt of the Court of Auditors' observations on the the budgetary authority together with the preliminary draft Institute's provisional accounts, pursuant to Article 129 of the general budget of the European Union. Financial Regulation, the Director shall draw up the Institute's final accounts under his or her own responsibility and forward them to the Management Board for an opinion. 7. On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union (1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 the estimates it deems necessary for the establishment plan and on the Financial Regulation applicable to the general budget of the the amount of the subsidy to be charged to the general budget, European Communities (OJ L 248, 16.9.2002, p. 1). C 295E/64EN Official Journal of the European Union 5.12.2006

5. The Management Board shall deliver an opinion on the Article 18 Institute's final accounts. Liability 6. By 1 July at the latest following each financial year, the Director shall forward the final accounts to the European Parliament, the Council, the Commission and the Court of 1. The contractual liability of the Institute shall be governed Auditors, together with the Management Board's opinion. by the law applicable to the contract in question.

7. The final accounts shall be published. The Court of Justice shall have jurisdiction pursuant to an arbi- tration clause contained in any contracts concluded by the Institute. 8. The Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He or she shall also send that reply to the Management Board. 2. In the case of non-contractual liability, the Institute shall, in accordance with the general principles common to the laws 9. The Director shall submit to the European Parliament, at of the Member States, make good any damage caused by the the latter's request, any information required for the smooth Institute or its servants in the performance of their duties. application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the Financial Regu- The Court of Justice shall have jurisdiction in disputes relating lation. to compensation for any such damage.

10. By 30 April of year N + 2, the European Parliament, on a recommendation from the Council acting by a qualified majority, shall give a discharge to the Director in respect of the Article 19 implementation of the budget for year N.

Participation of third countries 11. The financial rules applicable to the Institute shall be adopted by the Management Board after the Commission has been consulted. They may not depart from 1. The Institute shall be open to the participation of coun- Regulation (EC, Euratom) No 2343/2002 unless specifically tries which have concluded agreements with the European required for the Institute's operation and with the Commission's Community by virtue of which they have adopted and apply prior consent. Community legislation in the field covered by this Regulation.

2. Arrangements shall be made under the relevant provi- Article 16 sions of those agreements, specifying in particular the nature, extent and manner in which those countries are to participate in the Institute's work, including provisions relating to partici- Languages pation in the initiatives undertaken by the Institute, financial contributions and staff. As regards staff matters, those agreements shall, at all events, be in accordance with the Staff Regu- 1. The provisions laid down in Regulation No 1 of 15 April lations of officials of the European Communities and the 1958 determining the languages to be used in the European 1 Conditions of employment of other servants of the European Economic Community ( ) shall apply to the Institute. Communities.

2. The translation services required for the functioning of the Institute shall, in principle, be provided by the Translation Centre for the Bodies of the European Union set up by Council Article 20 Regulation (EC) No 2965/94 (2).

Evaluation

Article 17 1. By … (*), the Institute shall commission an independent external evaluation of its achievements on the basis of terms of Privileges and immunities reference issued by the Management Board in agreement with the Commission. The evaluation shall assess the impact of the Institute on the promotion of gender equality and shall include The Protocol on the Privileges and Immunities of the European an analysis of the synergy effects. It shall in particular address Communities shall apply to the Institute. the possible need to modify or extend the tasks of the Institute, including the financial implications of any such modification or (1) OJ L 17, 6.10.1958, p. 385. Regulation as last amended by Council extension. The evaluation shall take into account the views of Regulation No 920/2005 (OJ L 156, 18.6.2005, p. 3). the stakeholders, at both Community and national level. (2) Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (OJ L 314, 7.12.1994, p. 1). Regulation as last amended by Regulation (*) The end of the third year following the entry into force of this (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13). Regulation. 5.12.2006 EN Official Journal of the European Union C 295E/65

2. The Management Board, in agreement with the Commis- Article 22 sion, shall decide the timing of future evaluations, taking into account the results of the evaluation report mentioned in para- Administrative control graph 1. The operations of the Institute shall be subject to the supervision of the Ombudsman in accordance with the provisions of Article 21 Article 195 of the Treaty.

Review clause Article 23 The Management Board shall examine the conclusions of the Start of the Institute's activities evaluation mentioned in Article 20 and issue to the Commis- sion such recommendations as may be necessary regarding The Institute shall be operational as soon as possible and in changes in the Institute, its working practices and remit. The any event not later than … (*). Commission shall forward the evaluation report and the recommendations to the European Parliament, the Council, the Euro- Article 24 pean Economic and Social Committee and the Committee of Entry into force the Regions and make them public. After examination of the evaluation report and the recommendations, the Commission This Regulation shall enter into force on the 20th day may submit any proposals which it deems necessary for following that of its publication in the Official Journal of the amendments to this Regulation. European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …, on …

For the European Parliament For the Council The President The President … …

(*) Twelve months after the entry into force of this Regulation. C 295E/66EN Official Journal of the European Union 5.12.2006

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 8 March 2005, the Commission submitted to the Council, on the basis of Articles 13(2) and 141(3) of the Treaty, a proposal for a Regulation of the European Parliament and of the Council Direc- tive establishing a European Institute for Gender Equality.

The European Parliament delivered its Opinion in 1st reading on 14 March 2006.

The Economic and Social Committee delivered its Opinion 27 September 2005.

The Commission adopted an amended proposal on 8 May 2006.

The Council adopted a Common Position on 18 September 2006 in accordance with the procedure laid down in Article 251 of the Treaty.

II. OBJECTIVE

The Regulation will establish a European Institute for Gender Equality, which should serve as a centre of excellence at EU level, providing technical support to the Community Institutions and the Member States, in particular in terms of the collection and analysis of comparable data and statistics, as well as the development of methodological tools to assist in the process of gender mainstreaming. The overall objectives of the Institute will be to contribute to and reinforce the promotion of gender equality, assist the Community institutions in the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality issues.

III. ANALYSIS OF THE COMMON POSITION

1. General Observations

The Council's common position has been established in accordance with the objectives of Articles 13(2) and 141(3) of the Treaty relating, respectively, to combating discrimination and the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.

In adopting the common position, the Council has, with the exception of questions relating to the composition of the Management Board and the Advisory Forum, largely followed the line taken by the Commission in its amended proposal.

2. The European Parliament's amendments

In its first reading on 14 March 2006, the European Parliament adopted 52 amendments.

2.1. European Parliament amendments accepted by the Council

In its common position, the Council took into account 35 amendments. Out of these, the Council: — accepted 17 amendments in full (Nos. 2, 6, 9, 59 & 74, 13, 18, 64 & 80, 65 & 81, 29, 35, 36, 38, 41, 42, 45, 53 and 55). — accepted 4 amendments as reformulated by the Commission (Nos. 7, 8, 10 and 40). — accepted the spirit of another 14 amendments (Nos. 3, 4, 5, 17, 60 & 76, 61 rev. & 77, 62 & 78, 20, 25, 63 & 79, 24, 28 and 48).

2.2. European Parliament's amendments not accepted by the Council

The Council did not accept 11 amendments for the reasons explained by the Commission in its amended proposal (Nos. 1, 23, 30, 31, 32, 33, 34, 46, 47, 52 and 54).

The Council also could not accept a further 6 amendments, with the question of the composition of the Management Board being the main area of difference between the Institutions. 5.12.2006 EN Official Journal of the European Union C 295E/67

— Dialogue at international level (amendment 26, Article 3(1))

The Council does not consider this amendment to be necessary as Article 8 specifically deals with ‘cooperation with organisations at national and European level and international organisations and third countries’ and sets out a procedure for such cooperation. Article 4, which outlines the areas of activity and working methods of the Institute, also refers to the need to ‘take account of existing information from whatever source and in particular of activities already carried out by the Community institutions and by other institutions, bodies, competent national and international organisations …’. Moreover, the Council considers that legal clarity could be compromised by adding this aspect to the already long list of tasks under Article 3.

— Composition of the Management Board (Amendments 66 & 82, Article 10(1))

In reaching a general approach in June 2005, the Council did not accept the Commission's original proposal for a restricted Management Board, preferring a fully representative Board of 25 members, accompanied by a small Bureau composed of six members (Article 11). In this scenario, the Commission would have three representatives on the Board and there would be three non-voting members representing an appropriate non-governmental organisation at Community level and the social partners.

Having received the opinion of the European Parliament in March 2006, the Council examined the merits of amendments 66 and 82, calling for a small Management Board comprised of nine members appointed by the Council and a representative of the Commission. Whilst this was considered to be an improvement on the Commission's original proposal, it was nonetheless unacceptable to the Council for a number of reasons:

— given the nature of the issue, the Council considered it important for each Member State to be represented on the Board and felt that this would also facilitate pooling of national expertise and experience in the area of gender equality, which is particularly important in the context of an enlarging Union.

— it was important for the Institute to function efficiently and thus a simple procedure for the appointment of Board members would be preferable. Moreover, it was considered that a small Bureau would be effective in ensuring the smooth running of the Board.

— as gender equality policy cut across a wide range of areas, the Council took the view that the Commission should have more than one representative on the Board in order to be able to make a solid contribution to the running of the Institute. The Council felt that a Commission representative should also participate in the executive Bureau.

— the Council agreed with the Commission that there should be three non-voting members representing the social partners and an appropriate non-governmental organisation at Community level.

It should also be noted that the Council's position in relation to the composition of the Management Board reflects the general horizontal position taken in the past on other Com- munity agencies or bodies. Whilst several delegations were willing to reconsider their position in the case of the Institute due to its relatively small size and modest budget, it was acknowl- edged that it was impossible to say at this stage whether a smaller Board accompanied by a large Advisory Forum would in fact be more efficient than a representative Board assisted by a small Bureau. Moreover, the setting up of a small Bureau, which could meet more frequently than the Management Board, was an important consideration in ensuring the cost-effectiveness of the Institute.

— Representation between men and women: 40 % quota (amendment 39, Article 10(2))

The Council supports the concept of a balanced representation between men and women on the Management Board as set out in the common position. However, it does not wish unne- cessarily to hamper the operation of the Institute by having an obligatory quota, which might be difficult to fulfil in practice given that there are generally more women involved in gender equality policy than men at the current time. Whilst achieving a gender balance is important, and there are moves to involve more men in this area, the Council considers that the experience and competence of the Board members in the field of gender equality are also important considerations to be taken into account. C 295E/68EN Official Journal of the European Union 5.12.2006

— Advisory Forum (amendments 67 & 83, 68 & 84 and 51, Article 12 of the Commission's original proposal) In the Council's preferred scenario of a large Management Board, assisted by a small Bureau, it was considered that the Advisory Forum, as envisaged by the Commission and the Parliament, was no longer necessary. Moreover, in order to ensure that the Institute would benefit from the valuable expertise available at a national level, Article 3 of the common position sets up a European Network on Gender Equality, as requested by the Parliament, and also provides for an ‘annual meeting of experts from the competent bodies specialised in gender equality issues in the Member States’.

3. Other changes made by the Council A number of other small technical changes, of a legal or linguistic nature, were agreed in the context of the Legal/Linguistic procedure between the European Parliament and the Council.

IV. CONCLUSION The Council considers that, despite the differing opinions on the composition of the Management Board, the common position is in line with the fundamental objectives of the Commission's amended proposal. 5.12.2006 EN Official Journal of the European Union C 295E/69

COMMON POSITION (EC) No 26/2006 adopted by the Council on 25 September 2006 with a view to the adoption of Decision No …/2006/EC of the European Parliament and of the Council of… establishing for the period 2007 to 2013 the programme ‘Europe for Citizens’ to promote active European citizenship

(2006/C 295 E/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- (5) Encouraging active citizenship is a key element in PEAN UNION, strengthening not only the fight against racism, xenophobia and intolerance but also cohesion and the devel- Having regard to the Treaty establishing the European Com- opment of democracy. munity, and in particular Articles 151 and 308 thereof,

Having regard to the proposal from the Commission, (6) In the context of the EU information and communica- Having regard to the Opinion of the European Economic and tion strategy, a broad dissemination and a high impact Social Committee (1), of the activities supported through the programme should be ensured. Having regard to the Opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in (7) In order to bring Europe closer to its citizens and to Article 251 of the Treaty (3), enable them to participate fully in the construction of an ever closer Europe, there is a need to address all Whereas: nationals and legal residents in the participating countries and to involve them in transnational exchanges and cooperation activities, contributing to developing a sense (1) The Treaty establishes citizenship of the Union, which of belonging to common European ideals. complements national citizenship of the respective Member States. It is an important element in strengthening and safeguarding the process of European integration. (8) The European Parliament, in a Resolution adopted in (2) The Community should make citizens fully aware of 1988, considered it desirable that a major effort be their European citizenship, its benefits as well as its undertaken to step up contacts between citizens of rights and obligations, which are to be promoted with different Member States and stated that specific support due regard for subsidiarity and in the interest of cohe- from the European Union for the development of twin- sion. ning schemes between municipalities in different Member States was both rational and desirable. (3) It is especially urgent to make European citizens fully aware of their citizenship of the European Union in the context of the broad reflection on the future of Europe launched by the Brussels European Council of 16 and (9) The European Council has recognised on several occa- 17 June 2005. The ‘Europe for Citizens’ programme sions the need to bring the European Union and its insti- should therefore complement, but not overlap with, tutions closer to the citizens of the Member States. It has other initiatives taken in this context. encouraged the Union's institutions to maintain and foster open, transparent and regular dialogue with orga- (4) For citizens to give their full support to European inte- nised civil society, thus promoting citizens' participation gration, greater emphasis should therefore be placed on in public life and in decision-making, while emphasising their common values, history and culture as key the essential values that are shared by the citizens of elements of their membership of a society founded on Europe. the principles of freedom, democracy and respect for human rights, cultural diversity, tolerance and solidarity, in accordance with the Charter of Fundamental Rights of the European Union (4) proclaimed on 7 December (10) The Council established in its Decision 2004/100/EC of 2000. 26 January 2004 establishing a Community action programme to promote active European citizenship (1) OJ C 28, 3.2.2006, p. 29. (civic participation) (5), an action programme which has (2) OJ C 115, 16.5.2006, p. 81. confirmed the need to promote sustained dialogue with (3) Opinion of the European Parliament of 5 April 2006 (not yet civil society organisations and municipalities and to published in the Official Journal), Council Common Position of 25 support the active involvement of citizens. September 2006 and Position of the European Parliament of … (not yet published in the Official Journal). (4) OJ C 364, 18.12.2000, p. 1. (5) OJ L 30, 4.2.2004, p. 6. C 295E/70EN Official Journal of the European Union 5.12.2006

(11) Citizens' projects with a transnational and cross-sectoral invited the Western Balkan countries to participate in dimension are important tools to reach citizens and Community programmes and agencies; therefore, the promote European awareness, European political integra- Western Balkans countries should be recognised as tion, social inclusion and mutual understanding. potential participants in Community programmes.

(12) Civil society organisations at European, national, (19) The programme should be monitored regularly and eval- regional and local levels are important elements of citi- uated independently in cooperation with the Commis- zens' active participation in society and help to invigo- sion and the Member States in order to allow for the rate all aspects of public life. They are also intermediaries readjustments which are necessary if the measures are to between Europe and its citizens. Their transnational be properly implemented. cooperation should therefore be promoted and encouraged. (20) The procedures for monitoring and evaluating the programme should make use of objectives and indicators (13) European public policy research organisations can which are specific, measurable, achievable, relevant and provide ideas and reflections to feed the debate at Euro- timed. pean level. It is therefore also advisable to support, as a link between the European institutions and the citizens, activities that reflect their commitment to creating a (21) Council Regulation (EC, Euratom) No 1605/2002 of 25 European identity and citizenship, by establishing proce- June 2002 on the Financial Regulation applicable to the dures with transparent criteria to promote networks for general budget of the European Communities (2) (herein- information and exchange. after ‘the Financial Regulation’) and Commission Regu- lation (EC, Euratom) No 2342/2002 of 19 November 2002 laying down detailed rules for the implementation (14) It is also worthwhile pursuing the action begun by the of Council Regulation (EC, Euratom) 1605/2002 on the Financial Regulation applicable to the general budget of European Union in the context of Decision No 3 792/2004/EC of the European Parliament and of the the European Communities ( ), which safeguard the Council of 21 April 2004 establishing a Community Community's financial interests, have to be applied action programme to promote bodies active at European taking into account the principles of simplicity and level in the field of culture (1) for the preservation and consistency in the choice of budgetary instruments, a commemoration of the main sites and archives asso- limitation on the number of cases where the Commis- ciated with deportations. An awareness of the full sion retains direct responsibility for their implementation dimensions and tragic consequences of the second world and management, and the required proportionality war may thus be maintained and universal remembrance between the amount of resources and the administrative promoted, as a means of moving beyond the past and burden related to their use. building the future.

(22) Appropriate measures should also be taken to prevent irregularities and fraud and to recover funds lost or (15) The Declaration on Sport adopted by the Nice European incorrectly paid or used. Council of 7-9 December 2000 noted that, ‘even though not having any direct powers in this area, the Com- munity must, in its action under the various Treaty provisions, take account of the social, educational and (23) Following the principle of sound financial management, cultural functions inherent in sport.’ the implementation of the programme may be simplified by recourse to lump sum funding, in respect either of support awarded to programme participants or of Com- munity support for the structures established at national (16) Special attention should be paid to the balanced integra- level for the administration of the programme. tion of citizens and civil society organisations from all Member States into transnational projects and activities.

(24) This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime (17) The candidate countries and the EFTA countries party to reference, within the meaning of point 37 of the Interin- the EEA Agreement are recognised as potential partici- stitutional Agreement of 17 May 2006 between the pants in Community programmes, in accordance with European Parliament, the Council and the Commission the agreements concluded with those countries. on budgetary discipline and sound financial management (4), for the budgetary authority during the annual budgetary procedure. (18) The Thessaloniki European Council of 19 and 20 June 2003 adopted the ‘Thessaloniki Agenda for the Western (2) OJ L 248, 16.9.2002, p. 1. Balkans: Moving towards European integration’, which (3) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3). (1) OJ L 138, 30.4.2004, p. 40. (4) OJ C 139, 14.6.2006, p. 1. 5.12.2006 EN Official Journal of the European Union C 295E/71

(25) Since the objectives of this Decision cannot be suffi- (a) bringing together people from local communities across ciently achieved by the Member States and can therefore, Europe to share and exchange experiences, opinions and by reason of the transnational and multilateral nature of values, to learn from history and to build for the future; the programme's actions and measures, be better achieved at Community level, the Community may adopt measures in accordance with the principle of (b) fostering action, debate and reflection related to European subsidiarity as set out in Article 5 of the Treaty. In citizenship and democracy, shared values, common history accordance with the principle of proportionality, as set and culture through cooperation within civil society organi- out in that Article, this Decision does not go beyond sations at European level; what is necessary in order to achieve those objectives. (c) bringing Europe closer to its citizens by promoting (26) The measures necessary for the implementation of this Europe's values and achievements, while preserving the Decision should be adopted in accordance with Council memory of its past; Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers (d) encouraging interaction between citizens and civil society 1 conferred on the Commission ( ). organisations from all participating countries, contributing to intercultural dialogue and bringing to the fore both (27) Transitional measures to monitor actions started before Europe's diversity and unity, with particular attention to 31 December 2006 should be adopted, pursuant to activities aimed at developing closer ties between citizens Decision 2004/100/EC, from Member States of the European Union as constituted on 30 April 2004 and those from Member States which have acceded since that date.

HAVE DECIDED AS FOLLOWS: Article 3

Article 1 Actions Subject matter and scope of the programme

1. This Decision establishes the programme ‘Europe for Citi- 1. The objectives of the programme shall be pursued zens’ (hereinafter referred to as ‘the programme’) for the period through support for the following actions, details of which from 1 January 2007 to 31 December 2013. may be found in Part I of the Annex:

2. The programme shall contribute to the following general (a) Active citizens for Europe, consisting of: objectives:

(a) giving citizens the opportunity to interact and participate — town twinning, in constructing an ever closer Europe, which is democratic and world-oriented, united in and enriched through its — citizens' projects and support measures; cultural diversity, thus developing citizenship of the Euro- pean Union; (b) Active civil society in Europe, consisting of: (b) developing a sense of European identity, based on common values, history and culture; — structural support for European public policy research (c) fostering a sense of ownership of the European Union organisations (think-tanks), among its citizens; — structural support for civil society organisations at (d) enhancing mutual understanding between European citi- European level, zens respecting and promoting cultural and linguistic diversity, while contributing to intercultural dialogue. — support for projects initiated by civil society organisations; Article 2 (c) Together for Europe, consisting of: Specific objectives of the programme — high visibility events, such as commemorations, awards, The programme shall have the following specific objectives in artistic events, European-wide conferences, line with the fundamental goals of the Treaty, which shall be implemented on a transnational basis: — studies, surveys and opinion polls,

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). — information and dissemination tools; C 295E/72EN Official Journal of the European Union 5.12.2006

(d) Active European Remembrance, consisting of: (think-tanks), citizens' groups and other civil society organisations. — preservation of the main sites and archives associated with the deportations and the commemoration of the victims. Article 7 2. In each action, priority may be given to the balanced integration of citizens and civil society organisations from all Cooperation with international organisations Member States, as provided for in the specific objective set out in Article 2(d). The programme may cover joint and innovative activities in the field of active European citizenship, with relevant international organisations such as the Council of Europe and Article 4 UNESCO, on the basis of joint contributions and in accordance with the Financial Regulation and various rules of each institu- tion or organisation. Forms of Community measures

1. Community measures may take the form of grants or public procurement contracts. Article 8

2. Community grants may be provided through specific Implementing measures forms such as operating grants, action grants, scholarships, prizes. 1. The Commission shall adopt the measures necessary for the implementation of the programme in accordance with the provisions of the Annex. 3. Public procurement contracts will cover the purchase of services, such as for organising events, studies and research, information and dissemination tools, monitoring and evalua- 2. The following measures shall be adopted in accordance tion. with the procedure referred to in Article 9(2): (a) the arrangements for the implementation of the 4. To be eligible for a Community grant, the beneficiaries programme, including the annual work plan, the selection must satisfy the requirements set out in Part II of the Annex. criteria and the selection procedures;

(b) the general balance between the various actions of the programme; Article 5 (c) the procedures for monitoring and evaluating the Participation in the programme programme;

The programme shall be open to the participation of the (d) the financial support (amount, duration, distribution and following countries, hereinafter referred to as the ‘participating beneficiaries) provided by the Community in relation to all countries’: operating grants, multi-annual twinning agreements under Action 1 and high visibility events under Action 3. (a) the Member States; 3. All other measures necessary for the implementation of (b) the EFTA countries party to the EEA Agreement, in accord- the programme shall be adopted in accordance with the proce- ance with the provisions of that Agreement; dure referred to in Article 9(3).

(c) the candidate countries benefiting from a pre-accession 4. As part of the procedure mentioned in paragraph 2, the strategy, in accordance with the general principles and the Commission may draw up guidelines for each of the actions in general terms and conditions laid down in the framework the Annex in order to adapt the programme to any changes of agreements concluded with these countries for their partici- priority in the field of active European citizenship. pation in Community programmes;

(d) the countries of the western Balkans, in accordance with the arrangements to be established with these countries Article 9 under the framework agreements on the general principles for their participation in Community programmes. Committee

1. The Commission shall be assisted by a committee. Article 6 2. Where reference is made to this paragraph, Articles 4 Access to the programme and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The programme shall be open to all stakeholders promoting active European citizenship, in particular local authorities and The period laid down in Article 4(3) of Decision 1999/468/EC organisations, European public policy research organisations shall be set at two months. 5.12.2006 EN Official Journal of the European Union C 295E/73

3. Where reference is made to this paragraph, Articles 3 and 4. Co-financing in kind may be permitted. 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 5. The Commission may decide, in view of the characteris- 4. The committee shall adopt its rules of procedure. tics of the beneficiaries and the nature of the actions, to exempt beneficiaries from verification of the professional competencies and qualifications required to complete the proposed action or work programme. Article 10

Coherence with other Community and European Union 6. The amount of information to be provided by the benefi- instruments ciary may be limited in the case of small grants.

1. The Commission shall ensure coherence and complemen- tarity between the programme and instruments in other areas 7. In specific cases such as the award of a small grant, the of Community action, especially education, vocational training, beneficiary need not be required to demonstrate its financial culture, youth, sport, the environment, the audiovisual sector capacity to perform the planned project or the work and the media, fundamental rights and freedoms, social inclu- programme. sion, gender equality, combating all forms of discrimination, racism and xenophobia, scientific research, information society and Community external action, in particular at the level of 8. Operating grants awarded under the programme to European Neighbourhood policy. bodies pursuing an aim of general European interest, as defined in Article 162 of Regulation (EC, Euratom) No 2342/2002, shall not be automatically decreased in the event of renewal. 2. The programme may share resources with other Com- munity and European Union instruments in order to implement actions meeting the objectives of both the programme and these other instruments.

Article 13 Article 11 Protection of the Community's financial interests The financial envelope

1. The financial envelope for the implementation of the 1. The Commission shall ensure that, when actions financed programme for the period referred to in Article 1 is hereby set under this Decision are implemented, the financial interests of at EUR 190 million (1). the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activ- 2. The annual appropriations shall be authorised by the ities, by effective checks and by the recovery of amounts budgetary authority within the limits of the financial frame- unduly paid and, if irregularities are detected, by effective, work. proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (2), Council Regulation (Euratom, EC) No 2185/96 of Article 12 11 November 1996 concerning on-the-spot checks and inspec- tions carried out by the Commission in order to protect the European Communities' financial interests against fraud and Financial provisions other irregularities (3) and with Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European 1. Financial aid shall take the form of grants to legal 4 persons. Depending on the nature of the action and the objec- Anti-Fraud Office (OLAF) ( ). tive pursued, grants may also be awarded to natural persons.

2. For the Community actions financed under the 2. The Commission may award prizes to natural or legal programme, the notion of irregularity referred to in Article 1(2) persons for actions or projects implemented under the of Regulation (EC, Euratom) No 2988/95 shall mean any infrin- programme. gement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an 3. In accordance with Article 181 of Regulation (EC, economic operator, which has, or would have, the effect of Euratom) No 2342/2002, and depending on the nature of the prejudicing the general budget of the Communities or budgets action, flat-rate financing and/or the application of unit-cost managed by them, by an unjustified item of expenditure. rates may be authorised. (2) OJ L 312, 23.12.1995, p. 1. (1) This amount is based on 2004 figures and shall be subject to tech- (3) OJ L 292, 15.11.1996, p. 2. nical adjustment to take account of inflation. (4) OJ L 136, 31.5.1999, p. 1. C 295E/74EN Official Journal of the European Union 5.12.2006

3. The Commission shall reduce, suspend or recover the (a) an interim evaluation report on the results obtained and on amount of financial assistance granted for an action if it finds the qualitative and quantitative aspects of the implementa- irregularities, including non-compliance with the provisions of tion of the programme no later than 31 December 2010; this Decision or the individual decision or the contract or (b) a communication on the continuation of the programme agreement granting the financial support in question, or if it no later than 31 December 2011; transpires that, without Commission approval having being sought, the action has been subjected to a change which (c) an ex-post evaluation report no later than conflicts with the nature or implementing conditions of the 31 December 2015. project. Article 15 4. If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress Transitional provision made with implementing an action, the Commission shall request the beneficiary to submit observations within a speci- Actions started before 31 December 2006 pursuant to Decision fied period. If the beneficiary does not give a satisfactory 2004/100/EC shall continue to be governed, until their comple- answer, the Commission may cancel the remaining financial tion, by that Decision. assistance and demand repayment of sums already paid. As provided for by Article 18 of the Financial Regulation, the 5. Any undue payment shall be repaid to the Commission. appropriations corresponding to assigned revenue arising from Interest shall be added to any sums not repaid in good time the repayment of amounts wrongly paid pursuant to under the conditions laid down by the Financial Regulation. Decision 2004/100/EC may be made available to the Programme. Article 14 Article 16 Monitoring and evaluation Entry into force 1. The Commission shall ensure regular monitoring of the programme. The results of the monitoring and evaluation This Decision shall enter into force on the twentieth day process shall be utilised in implementing the programme. following its publication in the Official Journal of the European Monitoring shall include in particular the drawing up of the Union. reports referred to in paragraph 3 points (a) and (c). It shall apply from 1 January 2007. The specific objectives may be revised in accordance with Article 251 of the Treaty. 2. The Commission shall ensure regular, external and inde- Done at …, on … pendent evaluation of the programme and shall report to the European Parliament on a regular basis. For the European Parliament For the Council 3. The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and The President The President the Committee of the Regions: … … 5.12.2006 EN Official Journal of the European Union C 295E/75

ANNEX

I. DESCRIPTION OF ACTIONS

Complementary information on access to the programme

Civil society organisations as mentioned in Article 6 include, inter alia, trade unions, educational institutions and organisations active in the field of voluntary work and amateur sport.

ACTION 1: Active citizens for Europe

This action forms that part of the programme directed specifically at activities involving citizens. These activities fall under two types of measures as follows:

Town-twinning

This measure is aimed at activities that involve or promote direct exchanges between European citizens through their participation in town-twinning activities. These may be one-off or pilot activities, or take the form of struc- tured, multi-annual, multi-partner agreements following a more programmed approach and comprising a set of activities ranging from citizens' meetings to specific conferences or seminars on subjects of common interest, along with related publications, organised in the context of town-twinning activities. This measure will actively contribute to strengthening mutual knowledge and understanding between citizens and between cultures.

For the years 2007, 2008 and 2009, structural support may be provided directly to the Council of European Munici- palities and Regions (CEMR), a body pursuing an aim of general European interest, active in the field of town twinning.

Citizens' projects and support measures

Under this measure, a variety of projects of a transnational and cross-sectoral dimension, directly involving citizens, will be supported. Priority is given to projects aimed at encouraging local level participation. The scale and scope of such projects will depend on the developments within the society and will explore, through innovative approaches, the possible responses to the identified needs. The use of new technologies, in particular information society technologies (IST), will be encouraged. Those projects will gather citizens from different horizons, who will act together or debate on common European issues, thereby developing mutual understanding as well as raising awareness of the process of European integration.

In order to improve town-twinning and citizens' projects, it is also necessary to develop support measures to exchange best practices, to pool experiences between stakeholders at local and regional levels including public authorities, and to develop new skills, for example through training.

As an indication, at least 47 % of the total budget allocated to the programme will be devoted to this action.

ACTION 2: Active civil society in Europe

Structural support for European public policy research organisations (think-tanks)

Bodies providing new ideas and reflections on European issues are important institutional interlocutors able to provide independent strategic, cross-sectoral recommendations to the EU institutions. They can undertake activities that feed the debate notably on citizenship of the European Union and on European values and cultures. This measure is aimed at strengthening the institutional capacity of those organisations, which are representative, provide real European added value, can bring about important multiplier effects and, finally, are able to cooperate with other beneficiaries of the programme. The strengthening of transeuropean networks is an important element in this area. Grants may be awarded on the basis of a multi-annual work programme bringing together a range of themes or activities.

For the years 2007, 2008 and 2009, structural support may be provided directly for the association ‘Groupement d'études et de recherches Notre Europe’ and for the ‘Institut für Europäische Politik’, as bodies pursuing an aim of general European interest.

Structural support for civil society organisations at European level

Civil society organisations are an important part of the civic, educational, cultural and political activities for participating in society. They need to exist and to be able to operate and cooperate at European level. They should also be able to participate in policy-making through consultation. This measure will provide them with the capacity and stability to act in a cross-sectoral and horizontal dimension as transnational catalysts for their members and for civil society at European level, thus contributing to the objectives of the programme. The strengthening of transeuropean networks and European associations is an important element of this area of work. Grants may be awarded on the basis of a multi-annual work programme bringing together a range of themes or activities. C 295E/76EN Official Journal of the European Union 5.12.2006

For the years 2007, 2008 and 2009, structural support may be provided directly for three bodies pursuing an aim of general European interest: the Platform of European Social NGOs, the European Movement and the European Council on Refugees and Exiles.

Support for projects initiated by civil society organisations

Civil society organisations at local, regional, national or European level involve citizens or represent their interests through debate, publications, advocacy, and other concrete transnational projects. Introducing or building on a Euro- pean dimension in the activities of civil society organisations, will enable them to enhance their capacities and reach wider audiences. Direct cooperation among civil society organisations from different Member States will contribute to mutual understanding for the different cultures and points of view and to the identification of shared concerns and values. While this may be in the form of single projects, a longer-term approach will also ensure a more sustain- able impact and the development of networks and synergies.

As an indication, approximately 29 % of the total budget allocated to the programme will be devoted to this action.

ACTION 3: Together for Europe

High-visibility events

This measure will support events organised by the Commission, where appropriate in cooperation with the Member States or other relevant partners, which are substantial in scale and scope, strike a chord with the peoples of Europe, help to increase their sense of belonging to the same community, make them aware of the history, achievements and values of the European Union, involve them in intercultural dialogue and contribute to the development of their European identity.

These events may include the commemoration of historical events, the celebration of European achievements, artistic events, awareness-raising around specific issues, European-wide conferences and the awarding of prizes to highlight major accomplishments. The use of new technologies, in particular IST, shall be encouraged.

Studies

In order to get a better understanding of active citizenship at European level, the Commission will carry out studies, surveys and opinion polls.

Information and dissemination tools

Given the focus on citizens and the variety of initiatives in the field of active citizenship, comprehensive information on the various activities of the programme, on other European actions related to citizenship and on other relevant initiatives needs to be provided through an Internet portal and other tools.

For the years 2007, 2008 and 2009, structural support may be provided directly for the ‘Association Jean Monnet’, the ‘Centre européen Robert Schuman’ and the ‘Maisons de l'Europe’ federated at national and European level, as bodies pursuing an aim of general European interest.

As an indication, approximately 10 % of the total budget allocated to the programme will be devoted to this action.

ACTION 4: Active European Remembrance

Under this action projects of the following types may be supported: — for the preservation of the main sites and memorials associated with the mass deportations, the former concen- tration camps and other large-scale martyrdom and extermination sites of Nazism, as well as the archives documenting these events and for keeping alive the memory of the victims, as well as the memory of those who, under extreme conditions, rescued people from the Holocaust; — for the commemoration of the victims of mass exterminations and mass deportations associated with Stalinism, as well as the preservation of the memorials and archives documenting these events. Approximately 4 % of the total budget allocated to the programme will be devoted to this action.

II. PROGRAMME MANAGEMENT

The implementation of the programme will be guided by the principles of transparency as well as openness, to a large variety of organisations and projects. As a consequence, projects and activities will be selected, as a general rule, by means of open calls for proposals. Derogations will be possible only in very specific circumstances and in full compliance with Article 168(1) points (c) and (d) of Regulation (EC, Euratom) No 2342/2002. 5.12.2006 EN Official Journal of the European Union C 295E/77

The programme will develop the principle of multi-annual partnerships based on agreed objectives, building on the analysis of the results, in order to ensure mutual benefits for both civil society and the European Union. The maximum duration of funding allocated through a single grant agreement under the programme shall be limited to 3 years. For some actions, it might be necessary to adopt indirect centralised management by an executive agency or, especially for action 1, by national agencies. All actions will be implemented on a transnational basis. They will encourage mobility of citizens and ideas within the European Union. The elements of networking and focussing on the multiplier effects, including the use of information and communication technologies (ICT), will be important and will be reflected both in the types of activities and the range of organisations involved. The development of interaction and synergy among the various types of stakeholders involved in the programme will be encouraged. The programme budget may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the management of the programme and the realisation of its objectives, in particular studies, meetings, information and publication activities, expenditure associated with the IT networks for the exchange of information and any other administrative and technical support expenditure on which the Commission may decide for the management of the programme. The overall administrative expenditure of the programme should be proportional to the tasks provided for in the programme concerned and, as an indication, should represent approximately 10 % of the total budget allocated to the programme. The Commission may undertake information, publication and dissemination activities as appropriate, thereby ensuring broad knowledge and a high impact of the activities supported by the programme.

III. CONTROLS AND AUDITS For projects selected in accordance with this Decision, a sampling audit system will be established. The beneficiary of a grant must make available to the Commission all supporting documents relating to expenditure for a period of five years from the date of the final payment. The beneficiary of a grant must ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission. The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the contract and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission. Commission staff and outside personnel authorised by the Commission must have appropriate access to the offices of the beneficiary and to all the information, including information in electronic format, necessary for such audits. The Court of Auditors and the European Anti-Fraud Office (OLAF) will have the same rights, especially of access, as the Commission. C 295E/78EN Official Journal of the European Union 5.12.2006

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 6 April 2005 the Commission adopted and thereafter submitted to the European Parliament and to the Council a proposal for a decision, based on Articles 151 and 308 of the EC Treaty, establishing a programme to promote active European citizenship.

2. The European Economic and Social Committee delivered its opinion on 26 October 2005.

3. The Committee of the Regions delivered its opinion on 17 November 2005.

4. The European Parliament delivered its opinion at first reading on 5 April 2006.

5. On 25 September 2006, the Council adopted its common position in accordance with Article 251 (2) of the EC Treaty.

II. OBJECTIVE

1. The broad objectives of the programme as proposed by the Commission are to contribute to: — giving citizens the opportunity to interact and participate in constructing an ever closer Europe, united in and enriched through its cultural diversity; — forging a European identity, based on recognised common values, history and culture; — enhancing mutual understanding between European citizens respecting and celebrating cultural diversity, while contributing to intercultural dialogue. 2. The specific objectives proposed, to be implemented on a transnational basis, are to: — bring together people from local communities across Europe to share and exchange experiences, opinions and values, to learn from history and to build for the future; — foster action, debate and reflection related to European citizenship through cooperation between civil society organisations at European level; — make the idea of Europe more tangible for its citizens by promoting and celebrating Europe's values and achievements, while preserving the memory of its past; — encourage the balanced integration of citizens and civil society organisations from all Member States, contributing to intercultural dialogue and bringing to the fore both Europe's diversity and unity, with particular attention to the activities with Member States that have recently joined the European Union.

III. ANALYSIS OF THE COMMON POSITION

1. General comments

The Council's common position retains the main elements of the Commission's original proposal. In general the Council, the European Parliament and the Commission have similar views regarding this Decision.

The budget of EUR 190 million (at 2004 prices, and subject to adjustment to take account of inflation) was agreed by the three institutions in the context of the inter-institutional agreement on the Financial framework for 2007-2013.

The Council has taken up in its common position the idea of the European Parliament to add a new fourth action line relating to active European remembrance. The Council has also responded positively to the Parliament's suggestion to add three additional ‘designated bodies’ (making nine in all) to receive grants under the programme. However, to ensure an appropriate balance, the special status of these nine bodies is phased-out after three years.

Regarding the indicative budget breakdown, the Council has sought to emphasise further the rela- tive importance of Action 1 (town-twinning and citizens' projects) and, like the Parliament, has sought to reduce spending on the management of the programme.

Regarding programme implementation and comitology, the Council has extended the use of the management procedure to also cover certain cases of financial support. 5.12.2006 EN Official Journal of the European Union C 295E/79

2. European Parliament amendments The Council has sought in its common position to take account of the European Parliament's concerns and priorities and was able to accept most of Parliament's amendments. Amendments 1, 2, 3, 4, 5, 6, 7, 10, 12, 14, 15, 16, 17, 18, 19, 20, 22, 24, 25, 28, 29, 30, 31, 32, 34, 37, 39, 42, 43, 44, 46, 48, 49, 50, 51, 52, 60 and 61 have been accepted in full, in part or in principle. Regarding amendments 8, 9, 11, 13, 23, 26, 33, 35, 38, 40, 47 and 53 the Council has chosen to follow the line taken by the Commission and not accept the amendments. Amendment 21's addition relating to the legitimacy of the institutions was considered unnecessary. Regarding Amendment 27 the Council did not wish to envisage the granting of structural support to the legally vague notion of ‘associations or networks’. Amendment 36 concerned the programme budget which was addressed and agreed by the three institutions in the context of the agreement on the Financial Perspectives. Regarding Amendment 41, the Council did not consider it appropriate to single out events organised by twinning sports clubs, given that other sectors were not specifically mentioned in this part of the text, however a reference to sports organisations has been added in the Annex. Amendment 45 concerns the budget breakdown, where the Council preferred to favour Action 1, leaving the percentage allocated to Action 2 similar to that originally proposed by the Commission.

IV. CONCLUSION The Council considers that its common position represents a balanced text which has taken full account of the objectives pursued by the European Parliament in its amendments to the Commission's proposal. The Council looks forward to an agreement with the European Parliament in the near future with a view to the adoption of this Decision.