1996L0026 — EN — 14.10.1998 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 96/26/EC
of 29 April 1996
on admission to the occupation of road haulage operator and road passenger transport operator
and mutual recognition of diplomas, certificates and other evidence of formal qualificationsintended to facilitate for these operators the right to freedom of establishment in national and
international transport operations
(OJ L 124, 23.5.1996, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive 98/76/EC of 1 October 1998 L277 17 14.10.1998
NB: ThisconsolidatedversioncontainsreferencestotheEuropeanunitofaccountand/ortheecu,whichfrom1January1999
shouldbeunderstoodasreferencestotheeuro—CouncilRegulation(EEC)No3308/80(OJL345,20.12.1980,p.1)andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
1996L0026 — EN — 14.10.1998 — 001.001 — 2
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COUNCIL DIRECTIVE 96/26/EC
of 29 April 1996
on admission to the occupation of road haulage operator and road
passenger transport operator and mutual recognition of diplomas,certificates and other evidence of formal qualifications intended tofacilitate for these operators the right to freedom of establishment
in national and international transport operations
THE COUNCIL OF THE EUROPEAN UNION,
HavingregardtotheTreatyestablishingtheEuropeanCommunity,andin particular Article 75 thereof,
Having regard to the proposal from the Commission(
1),
HavingregardtotheopinionoftheEconomicandSocialCommittee(2),
Acting in accordance with the procedure referred to in Article 189c of
the Treaty(3),
Whereas Council Directive 74/561/EEC of 12 November 1974 on
admission to the occupation of road haulage operator in national andinternational transport operations(
4), Council Directive 74/562/EEC of
12 November 1974 on admission to the occupation of road passengertransport operator in national and international transport operations(
5)
andCouncilDirective77/796/EECof12December1977aimingatthemutual recognition of diplomas, certificates and other evidence offormal qualifications for goods haulage operators and road passengertransport operators, including measures intended to encourage theseoperators effectively to exercise their right to freedom of establish-ment(
6) have been substantially amended on a number of occasions;
whereas,forreasonsofrationalityandclarity,thesaidDirectivesshouldbe consolidated in a single text;
Whereastheorganizationofthetransportmarketisoneoftheessential
factorsintheimplementationofthecommontransportpolicyprovidedfor in the Treaty;
Whereastheadoptionofmeasuresaimedatcoordinatingtheconditions
of admission to the occupations of road haulage or road passengertransportoperators(hereinafterbothreferredtoas‘roadtransportopera-tor’')is likely to favour effective exercise of the right of establishmentof those operators;
Whereasitisnecessarytoprovidefortheintroductionofcommonrules
for admission to the occupation of road transport operator in nationalandinternationaltransportoperationsinordertoensurethatsuchopera-tors are better qualified, thus contributing to rationalization of themarket, improvement in the quality of the service provided, in theinterestsofusers,operatorsandtheeconomyasawhole,andtogreaterroad safety;
(1) OJ No C 286, 14. 11. 1990, p. 4 and amendment forwarded on 16
December 1993.
(2) OJ No C 339, 31. 12. 1991, p. 5 and OJ No C 295, 22. 10. 1994, p. 30.
(3) Opinion of the European Parliament of 13 December 1991 (OJ No C 13,
20. 1. 1992, p. 443) and of 20 April 1994 (OJ No C 128, 9. 5. 1994, p.136), common position of the Council of 8 December 1995 (OJ No C356, 30. 12. 1995) and Decision of the European Parliament of 28 March1996 (not yet published in the Official Journal).
(
4) OJ No L 308, 19. 11. 1974, p. 18. Directive as last amended by Regula-
tion (EEC) No 3572/90 (OJ No L 353, 17. 12. 1990, p. 12).
(5) OJ No L 308, 19. 11. 1974, p. 23. Directive as last amended by Regula-
tion (EEC) No 3572/90 (OJ No L 353, 17. 12. 1990, p. 12).
(6) OJ No L 334, 24. 12. 1977, p. 37. Directive as last amended by Directive
89/438/EEC (OJ No L 212, 22. 7. 1989, p. 101) and corrigendum (OJ NoL 298, 17. 10. 1989, p. 31).
1996L0026 — EN — 14.10.1998 — 001.001 — 3
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Whereas, therefore, the rules for admission to the occupation of road
transport operator should cover the good repute, financial standing andprofessional competence of operators;
Whereas,however,itisnotnecessarytoincludeinthesecommonrules
certain kinds of transport which are of limited economic importance;
Whereas, since 1 January 1993, access to the market of transfrontier
road haulage transport operations has been governed by a system ofCommunity licences issued on the basis of qualitative criteria;
Whereas, as regards the good-repute requirement, it is necessary, in
order effectively to reorganize the market, to make admission to thepursuit of the occupation of road transport operator uniformly condi-tional on the applicant having no convictions for serious criminaloffences, including offences of a commercial nature, not having beendeclared unfit to pursue the occupation and on compliance with theregulations applicable to the occupation of road transport operator;
Whereas,asregardstherequirementofappropriatefinancialstanding,it
is necessary, in particular in order to ensure the equal treatment ofundertakingsinthevariousMemberStates,tolaydowncertaincriteriawhich road transport operators must satisfy;
Whereas, in respect of good repute and financial standing, it would be
appropriate to acknowledge relevant documents issued by a competentauthority in the road transport operator’s country of origin or thecountry whence he comes as sufficient proof for admission to theactivities concerned in a host Member State;
Whereas, as regards the requirement of professional competence, it is
advisable to stipulate that the applicant road transport operator demon-strate such competence by passing a written examination but thatMember States may exempt the applicant from such an examination ifhe provides proof of sufficient practical experience;
Whereas, in respect of professional competence, the certificates issued
pursuant to the Community provisions on admission to the occupationofroadtransportoperatormustberecognizedassufficientproofbythehost Member State;
Whereas provisions should be made for a system of mutual assistance
between Member States for the purpose of applying this Directive;
Whereas this Directive must not affect the obligations of the Member
StatesconcerningthedeadlinesforimplementationorapplicationoftheDirectives set out in Annex II, part B,
HAS ADOPTED THIS DIRECTIVE:
TITLE I
Admission to the occupation of road transport operator
Article 1
1. Admission to the occupations of road haulage operator or road
passenger transport operator shall be governed by the provisionsadopted by the Member States in accordance with the common rulescontained in this Directive.
2. For the purposes of this Directive:
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— ‘theoccupationofroadhaulageoperator'shallmeantheactivityof
any undertaking transporting goods for hire or reward by means ofeither a motor vehicle or a combination of vehicles,
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— ‘theoccupationofroadpassengertransportoperator'shallmeanthe
activityofanyundertakingoperating,bymeansofmotorvehiclessoconstructed and equipped as to be suitable for carrying more thannine persons — including the driver — and intended for that
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purpose, passenger transport services for the public or for specificcategoriesofusersagainstpaymentbythepersontransportedorbythe transport organizer,
— ‘undertaking'shall mean any natural person, any legal person,
whether profit-making or not, any association or group of personswithout legal personality, whether profit-making or not, or anyofficial body, whether having its own legal personality or beingdependent upon an authority having such personality,
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— ‘normal residence' shall mean the place where a person usually
lives,thatisforatleast185daysineachcalendaryear,becauseofpersonal and occupational ties, or, in the case of a person with nooccupational ties, because of personal ties which show close linksbetween that person and the place where he is living.
However,thenormalresidenceofapersonwhoseoccupationalties
areinadifferentplacefromhispersonaltiesandwhoconsequentlylives in turn in different places situated in two or more MemberStates shall be regarded as being the place of his personal ties,providedthatsuchpersonreturnsthereregularly.ThislastconditionshallnotberequiredwherethepersonislivinginaMemberStateinorder to carry out a task of a definite duration. Attendance at auniversity or school shall not imply transfer of normal residence.
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Article 2
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1. This Directive shall not apply to undertakings engaged in theoccupation of road haulage operator by means of motor vehicles orcombinationsofvehiclesthemaximumauthorisedweightofwhichdoesnot exceed 3,5 tonnes. Member States may, however, lower this limitfor all or some categories of transport operations.
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2.►M1a)◄Member States may, after consulting the Commis-
sion,exemptfromtheapplicationofallorsomeoftheprovisions of this Directive road haulage undertakingsengaged exclusively in national transport operationshaving only a minor impact on the transport marketbecause of:
— the nature of the goods carried, or
— the short distance involved.
In the event of unforeseen circumstances, Member
States may grant a temporary exemption pendingcompletion of the consultations with the Commission.
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(b) Inthecaseofundertakingsengagedintheoccupationofroad
haulage operator using vehicles the maximum authorisedweights of which are between 3,5 and 6 tonnes the MemberStatesmay,afterinformingtheCommission,exemptfromtheapplication of all or part of this Directive undertakingsengaged exclusively in local transport and having only aminor impact on the transport market because of the shortdistances involved.
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B
3. Member States may, after consulting the Commission, exempt
from the application of all or some of the provisions of this Directiveundertakings engaged exclusively in certain road passenger transportservices for non-commercial purposes or having a main occupationother than that of road passenger transport operator, in so far as theirtransportoperationshaveonlyaminorimpactonthetransportmarket.
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Article 3
1. Undertakings wishing to engage in the occupation of road trans-
port operator shall:
(a) be of good repute;
(b) be of appropriate financial standing;
(c) satisfy the conditon as to professional competence.
Wheretheapplicantisanaturalpersonanddoesnotsatisfyrequirement
(c),thecompetentauthoritiesmayneverthelesspermithimtoengageintheoccupationofroadtransportoperatorprovidedthathedesignatestothe said authorities another person, satisfying requirements (a) and (c),whoshallcontinuouslyandeffectivelymanagethetransportoperationsof the undertaking.
Where the applicant is not a natural person:
— requirement(a)mustbesatisfiedbythepersonorpersonswhowill
continuouslyandeffectivelymanagethetransportoperationsoftheundertaking. Member States may require that other persons in theundertaking also satisfy this requirement,
— requirement (c) must be satisfied by the person or persons referred
to in the first indent.
2. Member States shall determine the conditons which must be
fulfilled by undertakings established within their territory in order tosatisfy the good-repute requirement.
Theyshallprovidethatthisrequirementisnotsatisfied,orisnolonger
satisfied,ifthenaturalpersonorpersonswhoaredeemedtosatisfythiscondition under paragraph 1:
(a) have been convicted of serious criminal offences, including
offences of a commercial nature,
(b) havebeendeclaredunfittopursuetheoccupationofroadtransport
operator under any rules in force,
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(c) have been convicted of serious offences against the rules in force
concerning:
— the pay and employment conditions in the profession, or
— road haulage or road passenger transport, as appropriate, in
particular the rules relating to drivers’ driving and rest periods,theweightsanddimensionsofcommercialvehicles,roadsafetyand vehicle safety, the protection of the environment and theother rules concerning professional liability.
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In the cases referred to under (a), (b) and (c), the good-repute require-
ment shall remain unsatisfied until rehabilitation or any other measurehaving an equivalent effect has taken place, pursuant to the existingrelevant national provisions.
3. (a) Appropriate financial standing shall consist in having available
sufficient resources to ensure proper launching and properadministration of the undertaking.
(b) For the purposes of assessing financial standing, the competent
authority shall have regard to: annual accounts of the under-taking,ifany;fundsavailable,includingcashatbank,overdraftand loan facilities; any assets, including property, which areavailabletoprovidesecurityfortheundertaking;costs,includingpurchasecostorinitialpaymentforvehicles,premises,plantandequipment, and working capital.
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(c) The undertaking must have available capital and reserves of at
leastEUR9000whenonlyonevehicleisusedandatleastEUR5000 for each additional vehicle.
ForthepurposesofthisDirective,thevalueoftheeurointhose
national currencies which are non-participants in the third stageof monetary union shall be fixed every five years. The rates to
1996L0026 — EN — 14.10.1998 — 001.001 — 6
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be applied shall be those obtained on the first working day ofOctober and published in the Official Journal of the European
Communities. They shall have effect from 1 January of the
following calendar year.
(d) Forthepurposesofsubparagraphs(a),(b)and(c)thecompetent
authoritymayacceptorrequire,bywayofproof,theconfirma-tionorassuranceprovidedbyabankorotherproperlyqualifiedinstitution. Such confirmation or assurance may be given by abankguarantee,possiblyintheformofapledgeorsecurity,orby any other similar means.
▼
B
(e) Points (b), (c) and (d) shall apply only to undertakings author-
izedinaMemberState,asfrom1January1990,undernationalrules, to engage in the activities of road transport operator.
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4. (a) The condition relating to professional competence shall consist
in the possession of knowledge corresponding to the level oftrainingprovidedforinAnnexIinthesubjectslistedtherein.Itshall be established by means of a compulsory written exam-ination which may be supplemented by an oral examinationorganisedintheformsetoutinAnnexIbytheauthorityorbodydesignated for that purpose by the Member State.
(b) Member States may exempt from examination applicants who
provide proof of at least five years’ practical experience in atransportundertakingatmanagementlevel,providedsuchappli-cants sit a test, the arrangements for which shall be determinedby the Member States in accordance with Annex I.
(c) Member States may exempt the holders of certain advanced
diplomasortechnicaldiplomas,whichprovideproofofasoundknowledge of the subjects listed in Annex I to be defined bythem,fromsittinganexaminationinthesubjectscoveredbythediplomas.
(d) A certificate issued by the authority or body referred to in (a)
shall be produced as proof of professional competence. Thiscertificate shall be drawn up in accordance with the form ofcertificate set out in Annex Ia.
(e) Withregardtoapplicantsintendingtoperformtheeffectiveand
continuous management of undertakings engaging solely innational transport operations, Member States may stipulate thatthe knowledge to be taken into consideration in order to estab-lishprofessionalcompetenceshallcoveronlysubjectsrelatingtonational transport. In that case, the certificate of professionalcompetence,amodelofwhichiscontainedinAnnexIahereto,shall state that the holder is qualified to perform the effectiveand continuous management of undertakings engaging solely intransport operations within the Member State that issued thecertificate.
(f) After consulting the Commission a Member State may require
that any natural person who holds a certificate of professionalcompetenceissuedbyacompetentauthorityinanotherMemberState after 1 October 1999 when that person was normallyresident in the first Member State sit an additional examinationorganised by the authority or body designated for that purposeby the first Member State. The additional examination shallcover the specific knowledge relating to the national aspects ofthe occupation of road haulage operator in the first MemberState.
Thispointshallapplyforaperiodofthreeyearsfrom1October
1999. That period may be extended for a further maximumperiodoffiveyearsbytheCouncilactingonaproposalfromtheCommission according to the rules of the Treaty. It shall applyonly to natural persons who, when they obtained the certificateof professional competence under the conditions referred to in
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thefirstsubparagraph,hadnotyetobtainedthesaidcertificateina Member State.
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Article 4
Member States shall determine the circumstances in which a road
transport undertaking may, notwithstanding Article 3 (1), be operatedonatemporarybasisforamaximumperiodofoneyear,withextensionforamaximumperiodofsixmonths,indulyjustifiedspecialcases,inthe event of the death or physical or legal incapacity of the naturalperson engaged in the occupation of road transport operator or of thenatural person who satisfies the requirements of Article 3 (1) (a) and(c).
ThecompetentauthoritiesintheMemberStatesmay,bywayofexcep-
tion and in certain special cases, definitively authorize a person notfulfilling the requirement of professional competence referred to inArticle3(1)(c)tooperatethetransportundertakingprovidedthatsuchperson possesses at least three years’ practical experience in the day-to-day management of the undertaking.
Article 5
1. Undertakings furnishing proof that before:
— 1 January 1978 for Belgium, Denmark, Germany, France, Ireland,
Italy, Luxembourg, Netherlands and the United Kingdom,
— 1 January 1984 for Greece,— 1 January 1986 for Spain and Portugal,— 3 October 1989 for the territory of the former German Democratic
Republic,
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— 1 January 1995 for Austria, Finland and Sweden,
▼B
theywereauthorizedundernationalrulesinaMemberStatetoengage
in the occupation of either road haulage or road passenger transportoperator, as appropriate, in national and/or international road transportoperations shall be exempt from the requirement to furnish proof thatthey satisfy the provisions of Article 3.
2. However, those natural persons who:
— after 31 December 1974 and before 1 January 1978 for Belgium,
Denmark,Germany,France,Ireland,Italy,Luxembourg,theNether-lands and the United Kingdom,
— after 31 December 1980 and before 1 January 1984 for Greece,— after 31 December 1982 and before 1 January 1986 for Spain and
Portugal,
— after2October1989andbefore1January1992fortheterritoryof
the former German Democratic Republic,
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— after 31 December 1994 and before 1 January 1997 for Austria,
Finland and Sweden,
▼B
were:
— authorized to engage in the occupation of either road haulage or
road passenger transport operator, as appropriate, without havingfurnished proof, under national regulations, of their professionalcompetence, or
— designated effectively and continously to manage the transport
operations of the undertaking,
musthavesatisfiedtheconditionofprofessionalcompetencereferredto
in Article 3 (4) before:
— 1 January 1980 for Belgium, Denmark, Germany, France, Ireland,
Italy, Luxembourg, the Netherlands and the United Kingdom,
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— 1 January 1986 for Greece,
— 1 January 1988 for Spain and Portugal,— 1 July 1992 for the territory of the former German Democratic
Republic,
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— 1 January 1997 for Austria, Finland and Sweden.
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The same requirement shall apply in the case referred to in the third
subparagraph of Article 3 (1).
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3. (a) Allundertakingsthatareauthorisedtoengageintheoccupation
of road transport operator before 1 October 1999 shall, asregards the fleets of vehicles they operate on that date, complywith Article 3(3) no later than 1 October 2001.
Such undertakings shall, however, fulfil the conditions imposed
in Article 3(3) as regards any additions to their fleets after 1October 1999.
(b) Undertakings engaged in the occupation of road haulage oper-
ator befor 1 October 1999 by means of vehicles for which themaximumauthorisedweightsarebetween3,5and6tonnesshallcomplywiththeconditionsimposedinArticle3(3)nolaterthan1 October 2001.
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Article 6
1. DecisionstakenbythecompetentauthoritiesoftheMemberStates
pusuant to the measures adopted on the basis of this Directive andentailingtherejectionofanapplicationforadmissiontotheoccupationof road transport operator shall state the grounds on which they arebased.
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Member States shall ensure that the competent authorities check regu-larly and at least every five years that undertakings still fulfil therequirements of good repute, financial standing and professionalcompetence.
If the requirement of financial standing is not fulfilled at the time of
checking the authorities may, where the undertaking’s other economiccircumstancesgivegroundsforassumingthattherequirementsoffinan-cial standing will again be sustainably fulfilled within the foreseeablefuture on the basis of a financial plan, give further notice of not morethan one year.
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2. MemberStatesshallseetoitthatthecompetentauthoritieswith-drawtheauthorizationtopursuetheoccupationofroadtransportoper-ator if they establish that the conditions of Article 3 (1) (a), (b) or (c)arenolongersatisfied.Inthiscase,however,theyshallallowsufficienttime for a substitute to be appointed.
3. With regard to the decisions referred to in paragraphs 1 and 2,
Member States shall see to it that the undertakings covered by thisDirective are able to defend their interests by appropriate means.
Article 7
►
M11. Whereoffencesagainsttherules ◄governingeitherroad
haulage or road passenger transport, as appropriate, have beencommitted by non-resident road transport operators and might lead towithdrawaloftheauthorizationtopractiseasaroadtransportoperator,theMemberStatesshallprovidetheMemberStateinwhichsucharoadtransportoperatorisestablishedwithalltheinformationintheirposses-sion concerning those offences and the penalties they have imposed.
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►M12.◄Member States shall afford each other mutual assis-
tance for the purpose of applying this Directive.
TITLE II
Mutual recognition of diplomas, certificates and other evidence of formal
qualifications
Article 8
1. MemberStatesshall,inrespectoftheactivitiesreferredtointhis
Directive, take the measures defined in this Directive concerning theestablishmentintheirterritoriesofthenaturalpersonsandundertakingsreferred to in Title I of the general programme for the abolition ofrestrictions on freedom of establishment(
1).
2. Without prejudice to paragraphs 3 and 4, a host Member State
shall, for the purpose of admission to the occupation of road transportoperator, accept as sufficient proof of good repute►
M1 ◄anextractfromajudicialrecord,orfailingthat,
anequivalentdocumentissuedbyacompetentjudicialoradministrativeauthority in the road transport operator’s country of origin or thecountry whence he comes, showing that these requirements have beenmet.
3. WherethehostMemberStateimposesonitsownnationalscertain
requirements as to good repute and proof that such requirements aresatisfiedcannotbeobtainedfromthedocumentreferredtoinparagraph2,thatStateshallacceptassufficientevidenceinrespectofnationalsofother Member States a certificate issued by a competent judicial oradministrative authority in the country of origin or in the countrywhence the foreign national comes stating that the requirements inquestion have been met. Such certificates shall relate to the specificfacts regarded as relevant by the host country.
4. Where the country of origin or country whence the foreign
nationalcomesdoesnotissuethedocumentrequiredinaccordancewithparagraphs2and3,suchdocumentmaybereplacedbyadeclarationonoathorbyasolemndeclarationmadebythepersonconcernedbeforeacompetent judicial or administrative authority or, where appropriate, anotary in that person’s country of origin or the country whence hecomes; such authority or notary shall issue a certificate attesting theauthenticity of the declaration on oath or solemn declaration.►
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5. Documentsissuedinaccordancewithparagraphs2and3shallnot
beacceptedifproducedmorethanthreemonthsaftertheirdateofissue.Thisconditionshallapplyalsotodeclarationsmadeinaccordancewithparagraph 4.
Article 9
1. WhereinahostMemberStateacertificateisrequiredasproofof
financial standing, that State shall regard corresponding certificatesissued by banks in the country of origin or in the country whence theforeign national comes or by other financial bodies designated by thatcountry, as equivalent to certificates issued in its own territory.
2. Where a Member State imposes on its own nationals certain
requirementsastofinancialstandingandwhereproofthatsuchrequire-mentsaresatisfiedcannotbeobtainedfromthedocumentreferredtoinparagraph1,thatStateshallacceptassufficientevidence,inrespectofnationals of other Member States, a certificate issued by a competentadministrative authority in the country of origin or in the country
(1) OJ No 2, 15. 1. 1962, p. 36/62.
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whence the foreign national comes, stating that the requirements in
questionhavebeenmet.Suchcertificateshallrelatetothespecificfactsregarded as relevant by the host country.
Article 10
1. As from 1 January 1990, Member States shall recognize as suffi-
cientproofofprofessionalcompetencecertificatesasreferredtointhefourth subparagraph of Article 3 (4) which are issued by anotherMember State.
2. With regard to undertakings authorized in Greece, before 1
January 1981, or, in the other Member States, before 1 January 1975,under national rules, to engage in the occupation of road haulageoperator or road passenger transport operator in national and/or inter-national road transport and in so far as the undertakings concerned arecompanies or firms within the meaning of Article 58 of the Treaty,Member States shall accept as sufficient proof of professional compet-ence certificates stating that the activity concerned has actually beencarried on in a Member State for a period of three years. This activitymust not have ceased more than five years before the date of submis-sion of the certificate.
Inthecaseofalegalperson,thecertificatestatingthattheactivityhas
actuallybeencarriedonshallbeissuedinrespectofoneofthenaturalpersonsactuallyinchargeofthetransportactivitiesoftheundertaking.
3. Thecertificatesissuedtoroadtransportoperatorsbefore ►
M11
October1999 ◄asproofoftheirprofessionalcompetencepursuantto
theprovisionsinforceuntilthatdateshallbedeemedequivalenttothecertificates issued pursuant to the provisions of this Directive.
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Article 10a
MemberStatesshallprovideforsystemsofpenaltiesforinfringements
ofthenationalprovisionsadoptedinaccordancewiththisDirectiveandshall take all the measures necessary to ensure that those penalties areapplied.Thepenaltiesthusprovidedforshallbeeffective,proportionateand dissuasive.
Article 10b
After1October1999MemberStatesshallrecogniseassufficientproof
of professional competence certificates complying with the form ofcertificate set out in Annex Ia and issued by the authority or bodydesignated for that purpose by each other Member State.
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TITLE III
Final provisions
Article 11
Member States shall designate the authorities and bodies competent to
issuethedocumentsreferredtoinArticle8(2)andinArticle9andthecertificate referred to in Article 10 (2). They shall immediately informthe other Member States and the Commission thereof.
Article 12
Articles 8 to 11 shall also apply to nationals of member States who,
pursuanttoCouncilRegulation(EEC)No1612/68of15October1968on freedom of movement for workers within the Community(
1), carry
(1) OJ No L 257, 19. 10. 1968, p. 2. Regulation as last amended by Regula-
tion (EEC) No 2434/92 (OJ No L 245, 26. 8. 1992, p. 1).
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ontheactivitiesofroadhaulageorroadpassengertransportoperatorinthe capacity of employees.
Article 13
1. Member States shall take the measures necessary to comply with
theprovisionsofthisDirective,nolaterthanthedateslistedinAnnexII, part B, after consulting the Commission.
2. Member States shall communicate to the Commission the text of
theprovisionsofnationallawwhichtheyadoptinthefieldcoveredbythis Directive.
Article 14
The Directives listed in Annex II, part A, are hereby repealed, without
prejudice to the obligations of the Member States regarding the timelimits for implementation or application set out in Annex II, part B.
ReferencestotherepealedDirectivesshallbeconstruedasreferencesto
thisDirectiveandshallbereadinaccordancewiththecorrelationtableset out in Annex III.
Article 15
This Directive is addressed to the Member States.
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ANNEX I
I.LIST OF SUBJECTS REFERRED TO IN ARTICLE 3(4)
The knowledge to be taken into consideration for the official recognition of
professional competence by the Member States must cover at least the subjectslisted below for road haulage and road passenger transport respectively. Inrelation to these subjects, applicant road haulage and road passenger transportoperatorsmusthavethelevelsofknowledgeandpracticalaptitudenecessaryforthe management of a transport undertaking.
Theminimumlevelofknowledge,asindicatedbelow,maynotbebelowlevel3
of the the training-level structure laid down in the Annex to Decision 85/368/EEC(
1), that is the level achieved in training acquired in the course of
compulsory education supplemented either by vocational training and supple-mentary technical training or by secondary-level school technical training.
A.Civil law
Road haulage and passenger transport
The applicant must, in particular:
1. be familiar with the main types of contract used in road transport and
with the rights and obligations arising therefrom;
2. be capable of negotiating a legally valid transport contract, notably with
regard to conditions of carriage;
Road haulage
3. beabletoconsideraclaimbyhisprincipalregardingcompensationfor
loss of or damage to goods during transportation or for their latedelivery, and to understand how such a claim affects his contractualliability;
4. be familiar with the rules and obligations arising from the CMR
Convention on the contract for the international carriage of goods byroad;
Road passenger transport
5. beabletoconsideraclaimbyhisprincipalregardingcompensationfor
injury to passengers or damage to their baggage caused by an accidentduring transportation, or regarding compensation for delays, and tounderstand how such a claim affects his contractual liability.
B.Commercial law
Road haulage and passenger transport
The applicant must, in particular:
1. be familiar with the conditions and formalities laid down for plying the
trade, the general obligations incumbent upon transport operators (regis-tration, keeping records, etc.) and the consequences of bankruptcy;
2. haveappropriateknowledgeofthevariousformsofcommercialcompany
and the rules governing their constitution and operation.
C.Social law
Road haulage and passenger transport
The applicant must, in particular:
1. be familiar with the role and function of the various social institutions
which are concerned with road transport (trade unions, works councils,shop stewards, labour inspectors, etc.);
(1) Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational
training qualifications between the Member States of the European Community (OJ L199, 31. 7. 1985, p. 56).
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2. be familiar with the employers’ social security obligations;
3. be familiar with the rules governing work contracts for the various
categories of worker employed by road transport undertakings (form ofthecontracts,obligationsoftheparties,workingconditionsandworkinghours, paid leave, remuneration, breach of contract, etc.);
4. befamiliarwiththeprovisionsofRegulation(EEC)No3820/85(
1)and
Regulation (EEC) No 3821/85(2), and the practical arrangements for
implementing these Regulations.
D.Fiscal law
Road haulage and passenger transport
The applicant must, in particular, be familiar with the rules governing:
1. VAT on transport services;2. motor-vehicle tax;3. thetaxesoncertainroadhaulagevehiclesandtollsandinfrastructureuser
charges;
4. income tax.
E.Business and financial management of the undertaking
Road haulage and passenger transport
The applicant must, in particular:
1. be familiar with the laws and practices regarding the use of cheques,
bills of exchange, promissory notes, credit cards and other means ormethod of payment;
2. be familiar with the various forms of credit (bank credit, documentary
credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.)and with the charges and obligations arising from them;
3. knowwhatabalancesheetis,howitissetoutandhowtointerpretit;4. be able to read and interpret a profit and loss account;5. be able to assess the undertakings’s profitability and financial position,
in particular on the basis of financial ratios;
6. be able to prepare a budget;7. be familiar with his undertaking’s cost elements (fixed costs, variable
costs,workingcapital,depreciation,etc.),andbeabletocalculatecostsper vehicle, per kilometre, per journey or per tonne;
8. be able to draw up an organisation chart relating to the undertaking’s
personnel as a whole and to organise work plans, etc.;
9. be familiar with the principles of marketing, publicity and public rela-
tions,includingtransportservicessalespromotionandthepreparationofcustomer files, etc.;
10. be familiar with the different types of insurance relating to road trans-
port (liability, accidental injury/life insurance, non-life and luggageinsurance) and with the guarantees and obligations arising therefrom;
11. befamiliarwiththeapplicationsofelectronicdatatransmissioninroad
transport;
Road haulage
12. be able to apply the rules governing the invoicing of road haulage
services and know the meaning and implications of Incoterms;
13. be familiar with the different categories of transport auxiliaries, their
role, their functions and, where appropriate, their status;
(1) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of
certain social legislation relating to road transport (OJ L 370, 31. 12. 1985, p. 1).
(2) Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment
in road transport (OJ L 370, 31. 12. 1985, p. 8). Regulation as last amended byCommission Regulation (EC) No 1056/97 (OJ L 154, 12. 6. 1997, p. 21).
1996L0026 — EN — 14.10.1998 — 001.001 — 14
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Road passenger transport
14. be able to apply the rules governing fares and pricing in public and
private passenger transport;
15. be able to apply the rules governing the invoicing of road passenger
transport services.
F.Access to the market
Road haulage and passenger transport
The applicant must, in particular:
1. befamiliarwiththeoccupationalregulationsgoverningroadtransportfor
hireorreward,industrialvehiclerentalandsub-contracting,andinpartic-ular the rules governing the official organisation of the occupation,admission to the occupation, authorisations for intra- and extra-Community road transport operations, inspections and sanctions;
2. be familiar with the rules for setting up a road transport undertaking;3. befamiliarwiththevariousdocumentsrequiredforoperatingroadtrans-
port services and be able to introduce checking procedures for ensuringthat the approved documents relating to each transport operation, and inparticularthoserelatingtothevehicle,thedriver,thegoodsandluggageare kept both in the vehicle and on the premises of the undertaking;
Road haulage
4. be familiar with the rules on the organisation of the market in road
haulage services, on freight handling and logistics;
5. befamiliarwithfrontierformalities,theroleandscopeofTdocuments
and TIR carnets, and the obligations and responsibilities arising fromtheir use;
Road passenger transport
6. be familiar with the rules on the organisation of the market in road
passenger transport;
7. be familiar with the rules for introducing road passenger transport
services and be able to draw up transport plans.
G.Technical standards and aspects of operation
Road haulage and passenger transport
The applicant must, in particular:
1. be familiar with the rules concerning the weights and dimensions of
vehicles in the Member States and the procedures to be followed in thecase of abnormal loads which constitute an exception to these rules;
2. be able to choose vehicles and their components (chassis, engine, trans-
missionsystem,brakingsystem,etc.)inaccordancewiththeneedsoftheundertaking;
3. befamiliarwiththeformalitiesrelatingtothetypeapproval,registration
and technical inspection of these vehicles;
4. understand what measures must be taken to reduce noise and to combat
air pollution by motor vehicle exhaust emissions;
5. beabletodrawupperiodicmaintenanceplansforthevehiclesandtheir
equipment;
Road haulage
6. be familiar with the different types of cargo-handling and loading
devices (tailboards, containers, pallets, etc.) and be able to introduceproceduresandissueinstructionsforloadingandunloadinggoods(loaddistribution, stacking, stowing, blocking and chocking, etc.);
7. be familiar with the various techniques of piggy-backand roll-on
roll-off combined transport;
8. be able to implement procedures for complying with the rules on the
carriage of dangerous goods and waste, notably those arising from
1996L0026 — EN — 14.10.1998 — 001.001 — 15
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Directive 94/55/EC(1), Directive 96/35/EC(2), and Regulation (EEC)
No 259/93(3);
9. be able to implement procedures for complying with the rules on the
carriageofperishablefoodstuffs,notablythosearisingfromtheAgree-ment on the international carriage of perishable foodstuffs and on thespecial equipment to be used for such carriage (ATP);
10. be able to implement procedures for complying with the rules on the
transport of live animals.
H.Road safety
Road haulage and passenger transport
The applicant must, in particular:
1. know what qualifications are required for drivers (driving licence,
medical certificates, certificates of fitness, etc.);
2. beabletotakethenecessarystepstoensurethatdriverscomplywiththe
traffic rules, prohibitions and restrictions in force in different MemberStates (speed limits, priorities, waiting and parking restrictions, use oflights, road signs, etc.);
3. be able to draw up drivers’ instructions for checking their compliance
with the safety requirements concerning the condition of the vehicles,their equipment and cargo, and concerning preventive measures to betaken;
4. beabletolaydownprocedurestobefollowedintheeventofanaccident
andtoimplementappropriateproceduresforpreventingtherecurrenceofaccidents or serious traffic offences;
Road passenger transport
5. have elementary knowledge of the layout of the road network in the
Member States.
II.ORGANISATION OF THE EXAMINATION
1. MemberStatesshallorganiseacompulsorywrittenexaminationwhichthey
maysupplementbyanoptionaloralexaminationtoestablishwhetherappli-cantroadtransportoperatorshaveachievedtherequiredlevelofknowledgein the subjects listed in part I, in particular, their capacity to use theinstruments and techniques relating thereto and to fulfil the correspondingexecutive and coordination duties.
(a) The compulsory written examination shall involve two tests, namely:
— writtenquestionsconsistingofeithermultiplechoicequestions(each
withfourpossibleanswers),questionsrequiringdirectanswersoracombination of both systems,
— written exercises/case studies.
The minimum duration of each test is two hours.
(b) Where an oral examination is organised, Member States may stipulate
that participation is subject to successful completion of the writtenexamination.
2. WhereMemberStatesalsoorganiseanoralexamination,theymustprovide,
inrespectofeachofthethreetests,foraweightingofmarksofaminimumof25%andamaximumof40%ofthetotalnumberofmarkstobegiven.
Where Member States organise only a written examination they must
provide, in respect of each test, for a weighting of marks of a minimum of40% and a maximum of 60% of the total number of marks to be given.
3. With regard to all the tests, applicants must obtain an average of at least
60% of the total number of marks to be given, achieving in any given testnotlessthan50%ofthetotalnumberofmarkspossible.Inonetestonly,aMember State may reduce that mark from 50% to 40%.
(1) Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws
of the Member States with regard to the transport of dangerous goods by road (OJ L319, 12. 12. 1994, p. 7). Directive as last amended by Commission Directive 96/86/EC (OJ L 335, 24. 12. 1996, p. 43).
(
2) Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational quali-
fication of safety advisers for the transport of dangerous goods by road, rail andinland waterway (OJ L 145, 19. 6. 1996, p. 10).
(
3) Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and
control of shipments of waste within, into and out of the European Community (OJ L30, 6. 12. 1993, p. 1). Regulation as last amended by Regulation (EC) No 120/97(OJ L 22, 24. 1. 1997, p. 14).
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ANNEX Ia
EUROPEAN COMMUNITY

1996L0026 — EN — 14.10.1998 — 001.001 — 17
▼B
ANNEX II
PART A
REPEALED DIRECTIVES
(referred to in Article 14)
— Directive 74/561/EEC
— Directive 74/562/EEC— Directive 77/796/EEC
and their sucessive amendments:
— Directive 80/1178/EEC
— Directive 80/1179/EEC— Directive 80/1180/EEC— Directive 85/578/EEC— Directive 85/579/EEC— Directive 89/438/EEC— Regulation (EEC) No 3572/90: only Articles 1 and 2
PART B
DirectiveDeadlineforimplementation
orapplication
74/561/EEC (OJ No L 308, 19. 11. 1974, p. 18)
1January19771January1978
80/1178/EEC (OJ No L 350, 23. 12. 1980, p. 41) 1January198185/578/EEC (OJ No L 372, 31. 12. 1985, p. 34) 1January198689/438/EEC (OJ No L 212, 22. 7. 1989, p. 101) 1January199074/562/EEC (OJ No L 308, 19. 11. 1974, p. 23)
1January19771January1978
80/1179/EEC (OJ No L 350, 23. 12. 1980, p. 42) 1January198185/579/EEC (OJ No L 372, 31. 12. 1985, p. 35) 1January198689/438/EEC (OJ No L 212, 22. 7. 1989, p. 101) 1January199077/796/EEC (OJ No L 334, 24. 12. 1977, p. 37) 1January197980/1180/EEC (OJ No L 350, 23. 12. 1980, p. 43) 1January198189/438/EEC (OJ No L 212, 22. 7. 1989, p. 101) 1January1990
1996L0026 — EN — 14.10.1998 — 001.001 — 18
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Directive74/561/EEC Directive74/562/EECDirective89/
438/EECDirective77/
796/EECThisDirectiveANNEX III
CORRELATION TABLE
Article 1 (1) Article 1 (1) Article 1 (1)
Article 1 (2) first
indent— Article 1 (2) firstindent
— Article 1 (2) firstindent Article 1 (2) secondindent
Article 1 (2) secondindent Article 1 (2) secondindent Article 1 (2) thirdindent
Article 2 (1), (2) — Article 2 (1), (2)
— Article 1 (3) Article 2 (3)
Article 3 Article 2 Article 3
Article 4 Article 3 Article 4
Article 5 Article 4 Article 5
Article 6 Article 5 Article 6
Article 6a Article 5a Article 7
Article 7 Article 6 —
Article 1 (1) Article 8 (1)
Article 3 Article 8 (2)
Article 4 Article 9
Article 5 (1) Article 10 (1)
Article 5 (2) Article 10 (2)
— — Article 4 Article 10 (3)
Article 6 Article 11
Article 1 (2) Article 12
— — Article 5 Article 13
— — Article 14
Article 8 Article 7 Article 15
Annex point A. 1 Annex point A. 1 Annex I point A(Law)
Annex point A. 2, 3,4, 5 — Annex I point A. 1(a), (b), (c), (d)
— AnnexpointA.2,3,4, 5 Annex I point A. 2(a), (b), (c), (d)
Annex point B Annex point B Annex I point B
— — — — Annex II Part A
— — — — Annex II Part B
— — — — Annex III