THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Having regard to the opinion of the Economic and Social Committee3,

Whereas, for the purpose of the common transport policy, and as a contribution to improving road traffic safety, as well as to facilitate the movement of persons settling in a Member State other than that in which they have passed a driving test, it is desirable that there should be a Community model national driving licence mutually recognized by the Member States without any obligation to exchange licences;

Whereas the first step in this direction was taken with the First Council Directive 80/1263/EEC, of 4 December 1980 on the introduction of a Community driving licence4, which established a Community model national licence and the mutual recognition by Member States of national licences as well as the exchange of licences by holders transferring their place of normal residence or place of employment from one Member State to another; whereas the progress made must be continued;

Whereas the Community model national licence established by Directive 80/1263/EEC should be adapted to take account, inter alia, of the harmonization of categories and subcategories of vehicles and to make licences more readily comprehensible both inside and outside the Community;

Whereas, on road safety grounds, the minimum requirements for the issue of a driving licence should be laid down;

Whereas Article 3 of Directive 80/1263/EEC stipulates that final provisions generalizing in the Community the categories of vehicles mentioned in that Article should be adopted without the possibility of derogation, as should the conditions of validity of driving licences;

Whereas provision should be made for the possibility of subdividing the said categories of vehicles in order to promote, in particular, access in gradual stages to driving such vehicles in the interests of road safety and to take account of existing national situations;

Whereas specific provisions should be adopted to make it easier for physically handicapped persons to drive vehicles;

Whereas Article 10 of Directive 80/1263/EEC provides for more detailed harmonization of the standards for driving tests and licensing; whereas to this end the knowledge, skills and behaviour connected with driving motor vehicles should be defined and the driving test based on these concepts; whereas the minimum standards of physical and mental fitness for driving such vehicles should be redefined;

Whereas the provisions set out in Article 8 of Directive 80/1263/EEC, and in particular the obligation to exchange driving licences within a period of one year of changing normal residence, constitute an obstacle to the free movement of persons; whereas this is inadmissible in the light of the progress made towards European integration;

Whereas, in addition, for reasons connected with road safety and traffic, Member States should be able to apply their national provisions on the withdrawal, suspension and cancellation of driving licences to all licence holders having acquired normal residence in their territory,

HAS ADOPTED THIS DIRECTIVE: