PURPOSE: to establish specific and temporary measures regarding driver documents issued by Ukraine in accordance with its legislation, taking into account the invasion of Ukraine by Russia.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: in response to the military aggression against Ukraine by Russian armed forces, the EU has, since 4 March 2022, noted the existence of a mass influx of displaced persons from Ukraine and has offered temporary protection to the displaced people.
A driving licence enhances mobility and facilitates the participation of temporarily protected persons in economic and social activities in their new environment.
The 1968 Vienna Convention on Road Traffic, to which Ukraine is a party, provides for certain rules allowing the recognition of driving licences under certain conditions. However, not all Member States are party to this Convention. Furthermore, there is currently no harmonised framework at EU level for the exchange of driving licences or certificates of professional competence issued by third countries such as Ukraine.
Diverging requirements between the different Member States of the Union, particularly as regards the recognition of driving licences and certificates of professional competence, may adversely affect the life and the freedoms of the displaced persons fleeing from the military aggression of Russia against Ukraine, at a time in which these persons are especially vulnerable.
In this context, it is therefore necessary to establish a common EU framework for the recognition of driving licences issued by Ukraine and held by persons enjoying temporary protection or adequate protection under national law.
CONTENT: the purpose of this proposal is to enable displaced persons to use the documents necessary to drive motor vehicles on the public road network of the Union and to carry out the professional activity of driving, thus promoting the economic and social integration of these displaced persons.
In order to reduce the burden on Member States' authorities and on persons enjoying temporary protection, the proposal provides that driving licences duly issued by Ukraine to such persons should be recognised for the duration of the temporary protection granted, without the need for their holders to exchange them.
At the request of the holder of a certificate of professional competence issued by Ukraine who enjoys temporary protection, the Member State in which that holder has obtained a temporary residence permit could issue to the persons concerned the driver qualification card or affix the special temporary Union code ‘95.01’ to the driving licence of those persons, for the purpose of conferring on the holder of a certificate of professional competence issued by Ukraine the same rights as those of the persons qualified to carry out the driving activity referred to in Directive 2003/59/EC.
In the event of a report of loss or theft of a certificate of professional competence, Member States, before issuing this specific certificate of professional competence, should also verify, including with the competent Ukrainian authorities, that the person concerned holds a valid certificate of professional competence issued by Ukraine.
The proposed rules aim to improve road safety as an aspect of transport safety, while at the same time providing for the economic and social integration of persons displaced as a consequence of Russia’s war of aggression against Ukraine. Such measures are destined to ensure that those persons benefitting from temporary protection enjoy the freedom to move within the Union by driving power-driven vehicles, and also the freedom to work by carrying out the professional activity of driving, while ensuring that they do so in line with safety related aspects and standards applicable in the Union.
In this context, the competent authorities of the Member States should implement appropriate measures to combat fraud and falsification.