Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government and the Portuguese Republic on Mutual Recognition for the Purpose of Driving and Exchange of Licenses

Portugal No. 1 (2023)

Agreement

between the United Kingdom of Great Britain and Northern Ireland and

the Portuguese Republic on Mutual Recognition for the Purpose of

Driving and Exchange of Licences

London, 13 October 2023

[The Agreement is not in force]

Presented to Parliament

by the Secretary of State for Foreign, Commonwealth and Development Affairs

by Command of His Majesty

October 2023

CP 953

  
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AGREEMENT BETWEEN THE UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND AND THE PORTUGUESE

REPUBLIC ON MUTUAL RECOGNITION FOR THE PURPOSE OF

DRIVING AND EXCHANGE OF DRIVING LICENCES

The United Kingdom of Great Britain and Northern Ireland and the Portuguese

Republic, hereinafter referred to as “Parties”,

Recognising the strong relationship that exists between the Portuguese Republic and

the United Kingdom of Great Britain and Northern Ireland and the need to reaffirm,

consolidate and develop the particular, strong and historic ties that unite the two

peoples, expressed in their closely shared political, cultural and social interests;

Whereas the United Kingdom of Great Britain and Northern Ireland and the

Portuguese Republic are Contracting Parties to the Convention on Road Traffic

adopted in Vienna on 8 November 1968 (“the 1968 Convention”) and to the

Convention on Road Traffic adopted in Geneva on 19 September 1949 (“the 1949

Convention”);

Recognising the need to establish a higher level of mutual recognition than that

established in the aforementioned 1949 and 1968 Conventions;

In order to enable drivers in both Parties, by means of the mutual recognition of the

validity for the purpose of driving in the other Party and to exchange a driving licence

issued by their respective issuing authorities;

Having regard to the principle of reciprocity,

Have agreed as follows:

ARTICLE 1

Purpose

This Agreement intends to establish mutual recognition for the purpose of driving

and exchange of full and valid driving licences issued by the Parties’ issuing

authorities.

ARTICLE 2

Definitions

For the exclusive purposes of this Agreement, the following definitions shall apply:

a) “United Kingdom” or “UK” shall be understood as referring to the United

Kingdom of Great Britain and Northern Ireland, and to Gibraltar; and

b) “Portuguese Republic” shall be understood as referring to the Portuguese

Republic.

ARTICLE 3

Recognition for the Purpose of Driving and the Exchange of Driving Licences

1. Each Party shall recognise, for the purpose of driving, the driving licences

referred to in Article 1, for the categories contained in them and for the term of

validity granted by the issuing authorities of the other Party.

2. A Party may require that a driver holding a driving licence issued by one

Party should notify the other Party upon acquiring residence in that other Party.

3. In the event of renewal, loss, theft, changes in the details recorded on the

driving licence, or endorsement of new categories, the Parties shall exchange the

other Party’s driving licences, without the need to take a test, for all categories to

which drivers normally and lawfully resident in that Party are entitled, as established

in the Annex referred to in paragraph 5 of this Article.

4. When a UK driving licence holder is normally and lawfully resident in the

Portuguese Republic or a Portuguese driving licence holder is normally and lawfully

resident in the UK, and requests to exchange their driving licence, the exchange shall

be carried out in accordance with the domestic legislation applicable in each Party,

without prejudice to the provisions of this Agreement.

5. Where a driving licence is to be exchanged, the equivalent entitlement

categories shall be those shown in the Annex to this Agreement, which shall form an

integral part thereof.

6. An expired driving licence shall be accepted for exchange provided it was

valid at the time of obtaining residence, and it expired not more than two (2) years

before it was presented for exchange.

7. If a Party issues a driving licence in exchange of a driving licence issued by

a third State, recognition for the purpose of driving and exchange of such a driving

licence shall be as per the domestic law of the other Party.

8. The Parties may agree any changes relating to the equivalent entitlement

categories contained in the Annex.

9. Any change to the Annex under the previous paragraph, shall not be subject

to the amendment process set out in Article 12.

ARTICLE 4

Models and Codes

1. Each Party shall provide the other Party its model driving licence images of

driving licences currently in circulation.

2. Each Party shall provide the other Party with a list of codes indicated on its

driving licences. Recognition for the purpose of driving and exchange of such a

driving licence with codes shall be as per the domestic law of the other Party.

ARTICLE 5

Conditions for the Exchange of Driving Licences

1. Exchange of a driving licence under this Agreement shall be subject to the

driving licence holder completing the following requirements with the authorities of

the Party in which they are resident:

a) Submitting a valid document providing evidence of their identity and

residence;

b) Being of the minimum age required to drive vehicles in the category or

categories for which they wish to exchange their driving licence;

c) Surrendering their valid driving licence, except:

i. In the case of exchange of expired driving licence as per Article 3,

paragraph 6, the driving licence holder shall surrender the expired

driving licence; or

ii. In the case of a lost or stolen driving licence, the driving licence

holder shall submit evidence that this has been reported to the police,

if so required by the Parties' domestic law.

d) Submitting a certificate of authenticity for their driving licence from the

issuing authority, or provide online verification through an access code

to the issuing authority’s website/platform or through notification

between the Parties by e-mail;

e) Submitting a medical/psychological examination report, if required by

the Parties’ domestic law.

2. The issuing authority carrying out the exchange of the driving licence shall

hold the surrendered driving licence and return it in original form within thirty (30)

days after its withdrawal, to the original issuing authority. In the case of lost or stolen

driving licences, the exchange shall be notified to the original issuing authority

within thirty (30) working days.

ARTICLE 6

Applicable Fees

The issuing of driving licences shall be subject to the fees in the domestic law of the

issuing Party.

ARTICLE 7

Restrictive Measures on Driving

1. The Parties undertake to inform each other of restrictive measures on driving

applied to a driver, including their identity, driving licence number, and a description

of the measure applied, in particular, revocation of the driving licence and additional

penalties consisting of disqualification from or a ban on driving.

2. The Parties agree not to exchange a driving licence until the restriction on the

right to drive ceases to apply.

ARTICLE 8

Protection of the Parties’ Domestic Law

None of the provisions of this Agreement may be interpreted as precluding either of

the Parties from taking the measures legally provided for within their domestic law

in respect of the holder of a driving licence who violates current traffic regulations

or commits any acts likely to prejudice road safety.

ARTICLE 9

Data Transfers

1. Where this Agreement provides for the transfer of personal data such

transfers will be carried out in accordance with the transferring Party’s rules on

international transfers of personal data, including as appropriate:

a) the General Data Protection Regulation (EU) 2016/679 (GDPR);

b) the European Commission’s Implementing Decision of 28 June 2021,

pursuant to Regulation (EU) 2016/679 of the European Parliament and

of the Council on the adequate protection of personal data by the United

Kingdom;

c) the Data Protection Act 2004, the Data Protection Act 2018 and the

GDPR as it forms part of the law of the United Kingdom.

2. Each issuing authority shall apply the guarantees for the transfer of personal

data to an issuing authority of the other Party as specified in this Article.

ARTICLE 10

Issuing Authorities

1. The issuing authorities responsible for implementing this Agreement are as

follows:

a) For the United Kingdom:

i) In Great Britain, the Secretary of State for Transport acting through

its executive agency, the Driver and Vehicle Licensing Agency

(“DVLA”);

ii) In Northern Ireland, the Department for Infrastructure (“DFI”)

acting through its executive agency, the Driver and Vehicle

Agency (“DVA”); and

iii) In Gibraltar, His Majesty’s Government of Gibraltar, acting

through its division, the Driver and Vehicle Licensing Department

(“DVLD”).

b) For the Portuguese Republic: the Instituto da Mobilidade e dos

Transportes, I.P. (“IMT, I.P.”).

2. Each of the Parties shall inform the other Party in writing through diplomatic

channels of any change in the designation of the issuing authorities.

3. The issuing authorities shall provide details of their official contact points

and keep each other informed of any subsequent changes.

4. Any change in the issuing authorities shall not constitute an amendment to

this Agreement.

ARTICLE 11

Settlement of Disputes

Any disputes arising from the implementation or interpretation of this Agreement

shall be settled through negotiation between the Parties through diplomatic channels.

ARTICLE 12

Amendment

1. This Agreement may be amended by mutual consent of the Parties.

2. Any amendments shall enter into force in accordance with Article 14 of this

Agreement.

ARTICLE 13

Duration and Termination

1. This Agreement shall remain in force for an unlimited period of time.

2. Either of the Parties may terminate this Agreement at any time upon prior

notification, in writing through diplomatic channels.

3. In the event of termination, this Agreement shall cease to be in force ninety (90)

days after the date of receipt of the relevant notification and shall have no effect

on driving licences exchanged under this Agreement.

ARTICLE 14

Entry into Force

This Agreement shall enter into force thirty (30) days after the date of receipt of the

last notification, in writing, through diplomatic channels, that the Parties have

completed the internal procedures necessary for its entry into force.

ARTICLE 15

Registration

The Party in which this Agreement is signed shall submit it to the United Nations

Secretariat for registration, pursuant to Article 102 of the United Nations Charter,

and shall also notify the other Party of the conclusion of that procedure and inform

it of the assigned registration number.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their

respective Governments, have signed this Agreement.

DONE in London, on the thirteenth day of October, in two originals in the English

and Portuguese languages, each text being equally authentic.

For the United Kingdom of Great For the Portuguese Republic:

Britain and Northern Ireland:

CHRIS SAINTY NUNO BRITO

ANNEX

Equivalence Tables

Article 3

Table 1 Equivalence Table for United Kingdom driving licences (issued from

19-1-2013 in Great Britain, Northern Ireland, and in Gibraltar) and Portuguese

driving licences

Notes:

1. A United Kingdom driving licence category referred to in Column 1 may be

exchanged for a Portuguese driving licence category referred to in Column 2.

2. A Portuguese driving licence category referred to in Column 2 may be

exchanged for a United Kingdom driving licence category referred to in Column 1.

3. See Tables 4-5 for exceptions to the equivalence of United Kingdom driving

licence categories and Table 6 for exceptions to the equivalence of Portuguese

driving licence categories.

UK Categories

(GB, NI & Gibraltar driving licences

issued from 19-1-13)

Portuguese Categories

BE issued in Great Britain before 16-12-

BE issued in Great Britain on or after 16-

12-21;

BE issued in Northern Ireland/ Gibraltar

in exchange of a GB category BE driving

licence issued on or after 16-12- 2021*

BE issued in Great Britain on or after 16-

12-2021 in exchange of a non-GB

category BE driving licence.*

BE issued in Northern Ireland/Gibraltar,

not in exchange of a GB driving licence.*

C1E

D1E

* exchange would be indicated by Code 70 on the driving licence.

Table 2 Equivalence Table for United Kingdom driving licences (issued from 1-

6-1990 to 19-1- 2013 in Great Britain and in Northern Ireland; issued from 2-

12-1990 to 19-1- 2013 in Gibraltar)

Notes:

1. A United Kingdom driving licence category referred to in Column 1 or 2 may

be exchanged for a Portuguese driving licence category referred to in Column 3.

2. See Tables 4-5 for exceptions to the equivalence of United Kingdom driving

licence categories.

UK Categories (GB & NI

driving licences issued from

1-6-1990 to 19-1-2013)

UK Categories (Gibraltar

driving licences issued from

2-12-1990 to 19-1-2013)

Portuguese