1. Where a Member State provides for the exchange of a driving licence issued by a third country to a holder of the driving licence that has taken up normal residence in its territory, that Member State shall exchange the driving licence in accordance with this Article.
2. Where a Member State exchanges a driving licence issued by a third country that has not been the subject of an implementing act adopted pursuant to paragraph 7 of this Article, such exchange shall be recorded on the driving licence issued by that Member State by using the relevant code set out in Annex I, Part E, as shall any subsequent renewal or replacement. If the holder of that driving licence subsequently transfers his or her normal residence to another Member State, the latter may decide not to apply the principle of mutual recognition set out in Article 3(6).
Member States shall apply, for such exchanges, their national law, in accordance with the conditions provided for in this paragraph.
3. Where the driving licence is issued in a category and by a third country that has been the subject of an implementing act adopted pursuant to paragraph 7, such exchange shall be recorded on the driving licence issued by the Member State concerned by using the relevant code set out in Annex I, Part E. In those cases, Member States shall exchange the driving licence in accordance with the conditions set out in the relevant implementing act.
4. Where a driving licence issued by a Member State was exchanged for a driving licence of a third country, Member States shall not require the fulfilment of any additional conditions other than those set out in Article 10(3), point (a), or record any additional information for exchanging that third-country driving licence, as regards the categories of the initial driving licence.
In the situation referred to in the first subparagraph, where an applicant requests to exchange a driving licence that is also valid for categories concerning which the applicant acquired the right to drive in a third country, the following rules shall apply:
(a) if the driving licence was issued for a category and by a third country that has been the subject of an implementing act adopted pursuant to paragraph 7, paragraph 3 shall apply;
(b) in the absence of an implementing act adopted pursuant to paragraph 7, paragraph 2 shall apply.
5. The exchanges referred to in paragraphs 2, 3 and 4 shall occur only if the driving licence issued by the third country has been surrendered to the competent authorities of the Member State requested to make the exchange.
6. The Commission may determine that a third country has a road transport framework guaranteeing, wholly or partially, a level of road safety that is comparable to that of the Union, which makes it possible for the driving licences issued by that third country to be exchanged, if necessary after complying with certain pre-defined conditions, in accordance with paragraph 3.
Where the Commission makes the determination referred to in the first subparagraph, it may, in cooperation with the Member States, assess the third country’s road transport framework. Member States shall provide their opinion on the road transport framework in place in the identified third country within a period to be set by the Commission. That period shall be at least 6 months and no more than 18 months long. The Commission shall proceed with the assessment once it has received an opinion from all Member States or once the time limit for sending the opinions has passed, whichever is earlier.
When assessing the road transport framework in place in a third country, the Commission shall take into account at least the following elements:
(a) the driver licensing requirements in place, such as the classification of driving licence categories, minimum age requirements, training and driving tests requirements and conditions, and medical standards for issuing the driving licence;
(b) whether the third country issues mobile driving licences and, if so, the applicable technical and structural arrangements for operating the system;
(c) the extent to which there are forged driving licences in circulation, and what measures are taken to prevent the forgery of, and corruption in relation to, driving licences;
(d) the period of administrative validity of the driving licences issued by the third country;
(e) the traffic conditions in the third country, and whether they are comparable to the traffic conditions on the road networks in the Union;
(f) the road safety performance of the third country;
(g) the third country’s practice and legal framework in exchanging driving licences issued by Member States.
7. The Commission may, after conducting the assessment referred to in paragraph 6 and by means of an implementing act, decide that a third country has a road transport framework in place that wholly or partially guarantees a level of road safety that is comparable to that of the Union, in order for the driving licences issued by that third country to be exchanged in accordance with paragraph 3.
The implementing act referred to in the first subparagraph of this paragraph shall contain at least:
(a) the driving licence categories referred to in Article 6, in respect of which an exchange may be made in accordance with paragraph 3 of this Article;
(b) the dates of issuance of the third country driving licences after which an exchange may be made in accordance with paragraph 3;
(c) any general conditions to be complied with for the purpose of verifying the authenticity of the official document to be exchanged;
(d) any general conditions with which the applicant has to comply, prior to the exchange, in order to demonstrate that the applicant meets the minimum standards of physical and mental fitness set out in Annex III.
Where the driving licence of the applicant does not make it possible for the applicant to comply with the second subparagraph, point (a) or (b), of this paragraph, Member States may decide to exchange the driving licence in accordance with paragraph 2. Where the applicant is not able to comply with the second subparagraph, points (c) or (d), of this paragraph, Member States shall refuse to exchange the driving licence.
Any additional condition set out in the implementing act referred to in the first subparagraph of this paragraph shall provide for either the applicability of the national provisions of the Member State in accordance with paragraph 2, or for the refusal of the exchange of the driving licence, where such conditions are not complied with by the applicant.
The implementing act under this paragraph shall be adopted in accordance with the examination procedure referred to in Article 26(2).
8. The implementing act adopted pursuant to paragraph 7 shall provide for a periodic review by the Commission, at least every four years, of the road safety situation in the third country concerned. Member States shall have the possibility to provide their opinions. Depending on the conclusions of the review, the Commission shall maintain, amend or suspend, to the extent necessary, or shall repeal that implementing act.
9. The Commission shall publish in the Official Journal of the European Union and on its website a list of the third countries that have been the subject of an implementing act adopted pursuant to paragraph 7, and shall also publish any relevant changes made in accordance with paragraph 8.
10. To support the integration of third-country professional drivers into the internal market of the Union, the Commission shall promote the exchange of best practices within the expert group on the qualification and training of drivers of certain road vehicles that has been established pursuant to the requirement laid down in Article 13(4) of Directive (EU) 2022/2561.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.