1974L0557 — EN — 01.01.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of4June1974
ontheattainmentoffreedomofestablishmentandfreedomtoprovideservicesinrespectofactiv-
itiesofself-employedpersonsandofintermediariesengaginginthetradeanddistributionoftoxic
products
(74/557/EEC)
(OJ L 307, 18.11.1974, p. 5)
Amended by:
Official Journal
No page date
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE
of4June1974
on the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed personsand of intermediaries engaging in the trade and distribution of
toxic products
(74/557/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European EconomicCommunity and in particular Article 54 (2) and (3) and Article 63 (2)and (3) thereof;
Having regard to the General Programme for the abolition of restric-
tions on freedom of establishment(
1) and in particular Titles IV A and
C thereof;
Having regard to the General Programme for the abolition of restric-
tions on freedom to provide services(2) and in particular Title V C
thereof;
HavingregardtoCouncilDirectiveNo64/233/EEC(3)of25February
1964 concerning the attainment of freedom of establishment and
freedom to provide services in respect of activities related to wholesaletrade;
HavingregardtoCouncilDirectiveNo64/224/EEC(
4)of25February
1964 concerning the attainment of freedom of establishment and
freedom to provide services in respect of activities of intermediariesin commerce, industry and small craft industries;
HavingregardtoCouncilDirectiveNo68/363/EEC(
5)of15October
1968 concerning the attainment of freedom of establishment and
freedom to provide services in respect of activities of self-employed
persons engaged in the retail trade;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament(6);
Having regard to the Opinion of the Economic and Social
Committee(7);
Whereas the General Programmes provide for the abolition of alldiscriminatory treatment based on nationality with regard to establish-ment and provisions of services
— in the area of activities of wholesale trade of intermediaries in
commerce, industry and small craft industries, before the end of
the second year of the second stage,
— in the area of activities of retail trade, after the end of the second
year of the second stage of the transitional period and before theend of the second stage;
Whereas Directives No 64/223/EEC, No 64/224/EEC and No 68/363/EEC do not apply to the field of toxic products, the latter, on accountof the particular problems posed by protection of public health, aregoverned by the provisions laid down by law, regulation or administra-
tive action in the Member States;
Whereas Directives No 64/223/EEC and No 68/363/EEC mentioned
above also do not apply to activities in respect of wholesale trade,1974L0557 — EN — 01.01.1995 — 001.001 — 2
(1) OJ No 2, 15. 1. 1962, p. 36/62.
(2) OJ No 2, 15. 1. 1962, p. 32/62.
(3) OJ No 56, 4. 4. 1964, p. 863/64.
(4) OJ No 56, 4. 4. 1964, p. 869/64.
(5) OJ No L 260, 22. 10. 1968, p. 1.
(6) OJ No C 63, 28. 5. 1969, p. 21.
(7) OJ No C 10, 27. 1. 1970, p. 23.
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intermediaries and retail trade of pathogens; whereas, however, besides
pathogens classified as medicinal preparations for human or animal usein the sense of Council Directive No 65/65/EEC(
1) of 26 January 1965,
on the approximation of provisions laid down by law, regulation or
administrative action relating to proprietary medicinal products,amended by Directive No 66/454/EEC(
2) only pathogens called ‘biolo-
gical pesticides for use in agriculture’ form the subject of the activitiesmentioned; whereas therefore, with regard to pathogens, the abolition
of restrictions on freedom to provide services and freedom of establish-
ment can be limited to trade and the distribution of such pesticides;
Whereas it has become evident that it is desirable and timely to take
measures to regulate on a Community level the measures referred toin the two preceding recitals, taking into account the dangerous actionwhich toxic products may have on the health of man, animals, and
plants, either directly or indirectly through the environment;
Whereas the activities of intermediaries in commerce, industry and
small craft industries are the subject of Directives No 64/224/EEC andNo 68/363/EEC; whereas the activities of intermediaries in respect oftoxic products and pathogens are excluded from the scope of these
Directives; whereas this Directive is also designed to liberalize the
activities of intermediaries; whereas accordingly the terms ‘trade anddistribution’ in this Directive include also the activities of intermedi-aries in these fields;
Whereas the General Programme for the abolition of restrictions on
freedom of establishment provides that restrictions on the power to
exercise the right to join professional or trade organizations must beabolished where the professional activities of the person concernedinvolve the exercise of this power;
Whereas this position of paid employees accompanying a person
providing services or acting on his behalf will be governed by the
provisions laid down in pursuance of Articles 48 and 49 of the Treaty;
Whereas separate Directives, applicable to all activities of self-
employed persons, concerning the movement and residence of benefici-aries, and where necessary Directives on the coordination of thesafeguards required by Member States of companies or firms for the
protection of members and of others, have been or will be adopted;
Whereas in some Member States trade, distribution and professional
use of toxic products are governed by rules relating to the taking upof that profession, while other States will, where necessary, implementsuch rules; whereas, therefore, certain special transitional measures, thepurpose of which is to make it easier for nationals of other Member
States to take up and pursue activities in the trade of toxic products,
are the subject of a separate Directive,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Member States shall abolish, in respect of natural persons and
companies or firms covered by Title I of the General Programmes for
the abolition of restrictions on freedom of establishment and freedom
to provide services (hereinafter called ‘beneficiaries’), the restrictionsreferred to in Title III of these General Programmes affecting the rightto take upand p ursue the activities mentioned in Article 2.
Article 2
1. This Directive shall apply to activities of self-employed persons
in the trade and distribution of toxic products (substances and prepara-
tions) and of biological pesticides for use in agriculture which havebeen excluded from the scope of Directive No 64/223/EEC under1974L0557 — EN — 01.01.1995 — 001.001 — 3
(1) OJ No C 22, 9. 2. 1965, p. 369/65.
(2) OJ No C 144, 5. 8. 1966, p. 2658/66.
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Article 2 (1) thereof, Directive No 64/224/EEC under Article 4 (1) fifth
indent thereof, and Directive No 68/363/EEC Article 2 (1) thereof.
2. The products referred to in paragraph 1, because of the dangerous
action which they may have on the health of man, animals and plants,are, according to the laws in the Member States, subject to separateprovisions, (the products concerned are set out in the Annex). Amend-ments to these lists by a Member State shall be communicated to theCommission which will bring them to the attention of the Member
States.
3. This Directive shall not apply to the trade and distribution of
medicinal products as defined by Directive No 65/65/EEC, or to thecommercial activities of itinerant traders, hawkers or pedlars.
Article 3
1. Restrictions in respect of the activities set out in Article 2 shall beabolished regardless of the description applied to the persons pursuingone of those activities.
2. The customary descriptions currently used in the Member States
to define persons pursuing activities of intermediaries in commerce
are those of Article 3 of Council Directive No 64/224/EEC.
Article 4
1. Member States shall in particular abolish the following restric-
tions:
(a) those which prevent beneficiaries from establishing themselves or
providing services in the host Member States under the sameconditions and with the same rights as their nationals;
(b) those existing by reason of administrative practices which result in
treatment being applied to beneficiaries that is discriminatory bycomparison with that applied to nationals.
2. The restrictions to be abolished shall include in particular thosearising out of provisions which prevent or limit establishment of bene-ficiaries or provision of services by the latter by the following means:
(a)in Belgium:
the obligation to hold a carte professionnelle (Article 1, Law of 19
February 1965);
(b)in France:
—theobligationtoholdacarted'identitéd'étrangercommerçant
(Décret-loi of 12 November 1938, Décret of 2 February 1939,
Law of 8 October 1940, Law of 10 April 1954, Décret No59—852 of 9 July 1959);
— exclusion from the right to renew commercial leases (Article 38
of Décret of 30 September 1953);
(c)in Luxembourg:
the limited period of validity of authorizations granted to foreign
nationals (Article 21 of the Law of 2 June 1962).
Article 5
1. Member States shall ensure that beneficiaries have the right tojoin professional or trade organizations under the same conditions andwith the same rights and obligations as their own nationals.
2. In the case of establishment, the right to join professional or trade
organizations shall entail eligibility for election or appointment to highoffice in such organizations. However, such posts may be reserved for
nationals where, in pursuance of any provision laid down by law or
regulation, the organization concerned is connected with the exerciseof official authority.
3. In the Grand Duchy of Luxembourg, membershipof the Chambre
decommerceandoftheChambredesmétiersshallnotgivebenefici-1974L0557 — EN — 01.01.1995 — 001.001 — 4
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aries the right to take part in the election of the management organs of
those Chambers.
Article 6
No Member States shall grant to any of its nationals who go to anotherMember State for the purpose of pursuing any activity referred to in
Article 2, any aid liable to distort the conditions of establishment.
Article 7
1. Where a host Member State requires of its own nationals wishing
to take up any activity referred to in Article 2 proof of good repute and
proof that they have not previously been declared bankrupt, or proof ofeither one of these, that State shall accept as sufficient evidence, inrespect of nationals of other Member States, the production of anextract from the ‘judicial record’ or, failing this, of an equivalent docu-ment issued by a competent judicial or administrative authority in the
Member State of origin or the Member State whence the foreign
national comes showing that these requirements have been met.
2. Where a host Member State imposes on its own nationals wishing
to take upone of the activities referred to in Article 2, certain require-ments as to good repute, and proof that such requirements are satisfiedcannot be obtained from the document referred to in paragraph 1, that
State shall accept as sufficient evidence in respect of nationals of other
Member States a certificate issued by a competent judicial or adminis-trative authority in the country of origin or in the country whence theforeign national comes, indicating that the requirements in questionhave been met. Such certificate shall relate to the specific factsregarded as relevant by the host country.
3. Where the country of origin or the country whence the foreign
national comes does not issue the document referred to in paragraph 1
or the certificate referred to in paragraph 2 furnishing proof of goodrepute or proof of no previous bankruptcy, such proof may be replacedby a declaration on oath — or, in States where there is no provision fordeclaration on oath, by a solemn declaration — made by the person
concerned before a competent judicial or administrative authority, or
where appropriate a notary, in the country whence that person comes;such authority or notary will issue a certificate attesting the authenticityof the declaration on oath or solemn declaration. The declaration inrespect of no previous bankruptcy may also be made before a compe-tent professional or trade body in the said country.
4. Documents issued in accordance with paragraphs 1 and 2 may not
be produced more than three months after their date of issue.
5. Member States shall, within the time limit laid down in Article 8,
designate the authorities and bodies competent to issue the documentsreferred to in paragraphs 1 and 2 and shall forthwith inform the otherMember States and the Commission thereof.
6. Where in the host Member State proof of financial standing is
required, that State shall regard certificates issued by banks in the
Member State of origin or in the country whence the foreign national
comes as equivalent to certificates issued in its own territory.
Article 8
Member States shall adopt the measures necessary to comply with thisDirective within six months of its notification and shall forthwithinform the Commission thereof.
Article 9
ThisDirectiveisaddressedtotheMemberStates.1974L0557 — EN — 01.01.1995 — 001.001 — 5
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ANNEX
The following categories of products referred to in Article 2 (2) are the subject
of special arrangements in the Member States (as of 4 June 1974):
—Belgium:
Toxic substances and preparations
1. listed in the arrêté du Régent of 6 February 1946 (with amendments)
regulating the preservation and supply of poisonous and toxic substances
(in implementation of the law of 24 February 1921);
2. classified in categories 1 and 2 of the arrêté royal of 31 May 1958 regu-
lating the preservation, trade in and use of pesticides and
phytopharmaceutical products.
—Denmark:
1. (a) Venomous or toxic substances and harmful products referred to in the
Annex to the Law No 119 of 3 May 1961 and referred to in the
Decree (bekendtgørelse ) No 305 of 9 October 1961 (made in execu-
tion of the latter) which establish the rules for the manufacture,
receipt, storage and dispensing of these poisons and products;
(b) Venomous or toxic substances and harmful products set out in Decree
(bekendtgørelse ) No 304 of 9 October 1961 establishing rules on the
use of these poisons and products.
2. Products (phytopharmaceuticals, weed-killers, pesticides, plantgrowth
regulators) set out in Law No 118 of 3 May 1961 and referred to in the
Decrees ( bekendtgørelser ) made in application of that Law which provide
that these products may not be marketed or used by the trade unless it is
approved and classified by the Poisons Board ( giftnevnet ) and which also
lay down detailed rules on the receipt, storage, packaging, labelling etc,
of these products.
3. Products (phytopharmaceuticals, weedkillers, pesticides, plantgrowth
regulators) referred to in the Decree ( bekendtgørelse ) of 25 September
1961 which provides that the authorization to use the products marked
with an X usually conditional upon the user having taken a course in
toxicology organized by the Poisons Board ( giftuævnet ).
—Germany:
Toxic substances and preparations classified in categories 1, 2 and 3 of the
laws and regulations of Länder concerning the trade in and distribution of
phythosanitary toxic products and products having toxic effects on plant
health, and in paragraph 34 subparagraph 5 of the Commercial Code
(Gewerbeordnung ), version of 15 February 1963.
—France:
1. Poisonous substances listed in Tables A (toxic products) and C
(dangerous products) of Section I of Décret 56—1197 of 26 November
1956 (Code de la Santé publique , Book V, Part 2, Title III, Chapter 1,
Sections I and II, Articles R 5149 to 5168).
2. Noxious products for use in industry specified in the Code du travail ,
Book II, Title II, Articles 67, 2, 78, 79 and 80 and in the regulations
and decrees issued pursuant to the implementation of these provisions.
3. Harmful products specified in the list of dangerous, unhealthy and unsui-
table premises established in pursuance of Articles 5 and 7 of the Law of
19 December 1917.
4. Antiparasitic products for use in agriculture (Law of 2 November 1943 as
amended by the Law of 30 July 1963; arrêté of 6 September 1954 on the
approval of branded antiparasitic products for use in agriculture, supple-
mented by the arrêté of 6 February 1962).
—Ireland:
Poisons which are for the time being listed in Regulations under the Poisons
Act, 1961, and the sale of which is prohibited except by certain authorized
persons.
—Italy:
1. Toxic gases (Article 58 — single text of the Laws on Public Safety
approved by the royal decree No 773 of 18 June 1931; royal decree
No 147 of 9 January 1927; tables of toxic gases annexed to the Minis-
terial decree of 6 February 1935 and subsequent amendments thereof).
2. Poisonous substances for use in industry (Article 147 — single text of the
Health Laws approved by the royal decree No 1265 of 27 July 1934).
3. Medico-surgical products (bactericides, germicides, and disinfectants)
(royal decree No 3112 of 6 December 1928 and implementing regulation
of the Law No 1070 of 23 June 1927, approved by the royal decree1974L0557 — EN — 01.01.1995 — 001.001 — 6
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No 3112 of 6 December 1928) and medical products (phytopharmaceuti-
cals and products intended for use as food preservatives) (Article 6 of the
Law No 283 of 30 April 1962, amended by Article 4 of the Law No 441
of 26 February 1963, and regulations governing the production, trade in
and sale of phytopharmaceuticals and products intended for use as food
preservatives, approved by the decree of the President of the Republic
No 1095 of 3 August 1968).
4. Ceruse (Law No 706 of 19 July 1961).
5. Benzol (Law No 245 of 5 March 1963).
6. Cosmetic products and dyes containing poisonous substances (Article 7 of
the royal decree No 1938 of 30 October 1924).
—Luxembourg:
1. Trade in and distribution of certain products (Law of 25 September 1953
— Memorial No 62 of 10 October 1953).
2. Trade in and use of phytopharmaceutical products (pesticides for use in
agriculture, plant growth regulators, preservatives, herbicides, micro-
organisms and viruses as antiparasitic agents …) (Law of 20 February
1968, Memorial No 9 of 12 March 1968 — Grand-Ducal regulation of
29 May 1970, Memorial No 33 of 15 June 1970).
—Netherlands:
Toxic substances and preparations, Law ( Bestrijdingsmiddelenwet of 1962).
—United Kingdom:
1. Poisons which for the time being are listed in the Poisons List Order and
are subject to the Pharmacy and Poisons Act 1933 and to the Poisons
Rules, or poisons in the Poisons Schedule which are subject to the Phar-
macy and Poisons Acts (Northern Ireland) 1925 to 1967 and to the
Poisons Regulations (Northern Ireland).
2. Substances covered by the Farm and Garden Chemicals Act 1967 and
Regulations.
3. Substances covered by the Agriculture (Poisonous Substances) Act 1952
and Regulations.
—Austria:
Substances and preparations which are classified as ‘strongly toxic’ or
‘toxic’ under the Law on Chemical Substances (Chemikaliengesetz BGBl.
Nr. 326/1987), and regulations based thereon (§ 217 (1), Gewerbeordnung
BGBl. Nr. 194/1994).
—Finland:
1. Chemicals covered by the Chemicals Act (744/89) and regulations;
2. Biological pesticides covered by the Pesticides Act (327/69) and regula-
tions.
—Sweden:
1. Extremely dangerous and very dangerous chemical products referred to in
the Regulation on Chemical Products (1985:835).
2. Certain drug precursors referred to in the Instructions on Permits to
Produce, Trade and Distribute Venomous and Very Hazardous Chemical
Products (KIFS 1986:5, KIFS 1990:9).
3. Pesticides, class 1, referred to in Regulation 1985:836.
4. Waste which is hazardous to the environment referred to in Regulation
1985:841.
5. PCBs and chemical products containing PCBs referred to in Regulation
1985:837.
6. Substances listed under groupB in the Public Notice on Instructions
ConcerningSanitary LimitValues(AFS1990:13).
7. Asbestos and materials containing asbestos referred to in Public Notice
AFS 1986:2.1974L0557 — EN — 01.01.1995 — 001.001 — 7
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