WRITTEN QUESTION No. 3889/97 by Marlene LENZ to the Commission. Transposition in Italy of Council Directive 91/ 439/EEC of 29 June 1991
C 187/76 EN Official Journal of the European Communities 16. 6. 98 Answer given by Mr Bangemann on behalf of the Commission (29 January 1998) The Commission agrees that the requirements of Directive 94/55/EC as amended by Directive 96/86/EC of 13 December 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road, are sufficient to guarantee the free circulation of vehicles within the Community when transporting dangerous goods but not the registration of such vehicles in a Member State. In fact the above mentioned Directive does not contain harmonised technical prescriptions concerning the construction of such vehicles allowing them to be type-approved and registered in another Member State. In order to ensure the free circulation and the registration of the base vehicle in the Community the Commission has presented to the Parliament and to the Council a proposal for a Directive relating to the type approval of motor vehicles and their trailers to be used for the transport of dangerous goods. Once this proposal is adopted, all vehicles fulfilling the requirements of the directive will be granted a Community type approval that will give them the right to be registered in each Member State. (98/C 187/120) WRITTEN QUESTION E-3889/97 by Marlene Lenz (PPE) to the Commission (5 December 1997) Subject: Transposition in Italy of Council Directive 91/439/EEC of 29 June 1991 What action will the Commission take to ensure the immediate transposition in Italy of Council Directive 91/439/EEC of 29 July 1991 (1), in accordance with which a conversion of driving licences is no longer required within the countries of the European Union? A German citizen who acquired áresidenzaí (in Pantasina near Imperia) in January 1997, and who subsequently re-registered his vehicle in Italy with the appropriate authorities in Imperia, has been told to exchange his German driving licence for an Italian licence within one year. When he inquired whether the abovementioned directive had already been transposed in Italy, he had the impression that the Italian authorities were not even aware of if. (1) OJ L 237, 24. 8. 1991, p. 1. Answer given by Mr Kinnock on behalf of the Commission (29 January 1998) Council Directive 91/439/EEC of 29 July 1991 on driving licences came into effect on 1 July 1996. Italy transposed this Directive into national law on 8 August 1994 (Gazzetta Ufficiale, Serie Generale 193 del 19. 8. 1994, pp. 13-34). However, it appeared from correspondence between the national authorities in Rome and the local offices responsible for the implementation of the above-mentioned legislation that the transposition into Italian law was not in conformity with some of the provisions of Directive 91/439/EEC. This was confirmed by a number of complaints from citizens. In particular, since 1 July 1996 the main principle of mutual recognition of driving licences issued by Member States has been restricted by the Italian authorities to driving licences that are in conformity with the model specified in Annex I of Directive 91/439/EEC. This means that holders of a driving licence issued by another Member State before 1 July 1996 and not in conformity with Annex I of the Directive, were still required to exchange their licence within the period of a year after having taken up normal residence in Italy. Following several unsuccessful requests to the Italian authorities that they correctly apply the Directive, the Commission sent a letter of formal notice to the Italian authorities on 29 July 1997. Italy replied by letter of 31 October 1997 and announced it would adapt its legislation to bring it in line with Directive 91/439/EEC. In view of the numerous complaints from people living in Italy, the Commission intends to follow this issue carefully and will continue its infringement procedure while awaiting the coming into effect of amended provisions bringing the application of the Italian legislation into line with Directive 91/439/EEC