COMMUNICATION FROM THE COMMISSION concerning the proofs, declarations and certificates relating to: - good repute - absence of previous bankruptcy, - nature and duration of activity in country of provenance provided for in Council Directives adopted before 1 June 1973 in the field of freedom of establishment and freedom to provide services

The accession of the Kingdom of Denmark, of Ireland and of the United Kingdom of Great Britain and Northern Ireland to the European Communities has made it necessary to amend the Communications published by the Commission concerning freedom of establishment and freedom to provide services.

The present document contains up-to-date information from the Member States as to the authorities and bodies competent to issue proof or take declarations relating to:

I. good repute and absence of previous bankruptcy;

II. activities pursued or for which training has been received (a model for a standard form is given in Annex 1);

III. professional or administration disciplinary measures.

The Directives to which this Communication relates are listed in Annex 2.

The following Commission Communications Notices and Recommendations have become superfluous:

Activities of self-employed persons in: - agriculture, horticulture, forestry and logging:

Communication of 26 April 1969 concerning Directives 65/1/EEC and 67/654/EEC (OJ No C 53, 26 April 1969);

- manufacturing and processing (industry and small craft industry):

Notice No 67/656/EEC of 28 October 1967 concerning Directives 64/428/EEC, 64/429/EEC and 64/427/EEC (OJ No 261, 28 October 1967), Recommendation No 65/76/EEC of 12 January 1965 (OJ No 24, 11 February 1965);

- wholesale trade and as intermediaries:

Notice No 67/255/EEC of 19 April 1967, concerning Directives 64/223/EEC, 64/224/EEC and 64/222/EEC (OJ No 75, 19 April 1967), Recommendation No 65/77/EEC of 12 January 1965 (OJ No 24, 11 February 1965);

- food and beverage manufacturing, retail trade, the restaurant, catering and refreshments trade, the provision of hotel, lodging or camping facilities:

Notice of 1 December 1970 concerning Directives 68/365/EEC, 68/366/EEC, 68/363/EEC, 68/364/EEC, 68/367/EEC and 68/368/EEC (OJ No C 142, 1 December 1970), Recommendation No 69/174/EEC of 22 May 1969 (OJ No L 146, 18 June 1969), Recommendation No 69/175/EEC of 22 May 1969 (OJ No L 146, 18 June 1969);

- electricity, gas, water and sanitary services:

Notice of 19 November 1968 concerning Directive 66/162/EEC (OJ No C 121, 19 November 1968).

I

Annex 2 to this Communication lists a number of Directives adopted by the Council to remove restrictions on freedom of establishment and freedom to provide services. Each of these Directives contains a provision which, as amended by the Treaty of Accession (1), reads as follows:

"Where a host Member State requires of its own nationals wishing to take up any activity referred to in the Directive proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the "juricial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes showing that these requirements have been met.

Where the country of origin or the country whence the beneficiary comes does not issue such documentary proof of good repute or documentary proof of no previous bankruptcy, such proof may be replaced by a declaration on oath - or, in States where there is no provision for declaration 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 of origin or in the country whence that person comes, such authority or notary will issue a certificate attesting the authenticity of the declaration on oath or solemn declaration.

The declaration in respect of no previous bankruptcy may also be made before a competent professional or trade body in the said country."

The Member States have provided information as follows as to the authorities and bodies competent to issue documentary proof of: 1. good repute;

2. no previous bankruptcy.

1. Authorities and bodies competent to issue documentary proof of good repute

Germany

The Generalbundesanwalt - Bundeszentralregister (Federal Attorney General, Federal Central Registry), Berlin ; but in the case of persons born in the areas to which the Bundeszentralregistergesetz (Law on the Federal Central Register) applies, including the Land of Berlin, the relevant duties are, until 31 December 1976 at the latest, to be carried out by the Staatsanwaltschaft - Registerbehörde (Register of the Public Prosecutor's Office) of the place of birth.

Belgium

The Casier judiciaire central (Central Judicial Records Office).

Denmark (a) For persons born in Denmark:

the Politimester (Chief Commissioner of Police) of the police district of the place of birth ; in Copenhagen, the Byrettens justitskontor (Local Court Registry);

(b) for persons born abroad:

the Byrettens justitskontor (Local Court Registry) in Copenhagen.

France (a) For persons born in France:

the Service du casier judiciaire (Judicial Records Office) at the office of the Tribunal de grande instance (local High Court) of the place of birth;

(b) for persons born abroad and persons whose birth certificate has been lost or whose identity is in doubt:

the Service du casier judiciaire central (Central Judicial Records Office) at the Ministry of Justice, 23 Allée d'Orléans, 44 Nantes.

Ireland

See under I, 2.

Italy

The Procura della Repubblica (Public Prosecutor's Office) of the place of birth ; for foreigners and for Italians born abroad, the Procura della Repubblica del tribunale di Roma (Public Prosecutor's Office of the Court of Rome).

Luxembourg

Le parquet général (Office of the Attorney-General), Service du Casier judiciaire (Judicial Records Office).

Netherlands

Certificates of good conduct (Verklaring omtrent het gedrag) are issued by the burgomaster of the (1)OJ No L 73, 27.3.1972, p. 5.

municipality in whose Bevolkingsregister (Register of Residents) the person concerned is entered ; in the case of persons resident abroad, certificates are issued by the municipality where the applicant was last registered.

United Kingdom

See under I, 2.

2. Authorities and bodies competent to issue documentary proof of no previous bankruptcy or to take declarations on oath, or solemn declarations, as to good repute and no previous bankruptcy

Germany

Declarations on oath are taken by notaries or, within their areas of jurisdiction, by consuls.

Belgium

Declarations on oath are taken by notaries.

Denmark

Solemn declarations are taken by notaries (Underretsdommeren (district court) ; in Copenhagen, the Byrettens notarialkontor).

France

The relevant documentary proof is contained in Part 2 of the Casier judiciaire (Judicial Record), which is issued either by the Service du casier judiciaire at the office of the Tribunal de grande instance of the place of birth or, on application by foreign aliens' registration authorities or by foreign authorities responsible for agriculture, industry or commerce, by the Service du casier judiciaire central.

Ireland

The declarations on oath or solemn declarations are taken by notaries public.

Italy

The Procura della Repubblica of the place of birth ; for foreigners and for Italians born abroad, the Procura della Repubblica del tribunale di Roma.

Luxembourg

The Parquet général, Service du casier judiciaire, (Office of the Attorney General, Judicial Records Office).

Netherlands

A notary, who issues a copy of an authentic document drawn up by him attesting the authenticity of the declaration on oath made by the person concerned.

United Kingdom

Declarations on oath and solemn declarations are taken: (a) in England, Wales and Northern Ireland : by Commissioners for Oaths, Justices of the Peace and Notaries Public;

(b) In Scotland : by Justices of the Peace and Notaries Public. However, in Scotland Notaries Public may take only solemn declarations.

II

Annex 2 also lists a number of Council Directives laying down detailed provisions for transitional measures in the field of freedom of establishment and freedom to provide services. Each of these contains a provision as follows:

"Where, in a Member State, the taking up or pursuit of any activity referred to in the Directive is dependent on the possession of general, commercial, or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for a specified minimum period".

Certificates as to the type and duration of the professional or trade activities effectively carried on by the person concerned are issued by an authority designated for the purpose by the country whence such person comes (see 1 below).

The Commission recommends that, for the delivery of these certificates, the competent authorities of the Member States should use the standard form which has been utilized up to now and which is shown in Annex 1. 1. Authorities and bodies competent to issue certificates as to the type and duration of the professional or trade activities carried on in the country whence the person concerned comes (country of provenance)

Germany (a) for industrial und commercial activities : the Industrie- und Handelskammern (Chambers of Industry and Commerce);

(b) for small craft activities : the Handwerkskammern (Chambers of Crafts).

Belgium (a) for persons having worked (whether in a self-employed or in an employed capacity) in a large undertaking : the Ministère des Affaires Economiques (Ministry of Economic Affairs);

(b) for persons having worked (whether in a self-employed or in an employed capacity) in a small or medium-sized undertaking (the definition of small and medium-sized undertakings being given in the Law of 13 December 1970 and its implementing provisions) and for occupations for which a butcher's licence is necessary : the Ministère des Classes Moyennes (Ministry for Small Business and the Professions).

Denmark (a) For retail trade activities:

Butikshandelens Fællesråd (Retail Trade Council) Bredgade 73 1260 København K;

(b) for wholesale trade activities and the hotel and restaurant business:

Grosserer-Societetet (Chamber of Commerce) Børsen 1217 København K;

Industrirådet (Industrial Council) H.C. Andersens Boulevard 18 1596, København V;

(c) for industrial and small craft activities:

Industrirådet (Industrial Council) H.C. Andersens Boulevard 18 1596, København V;

Handvæksrådet (Small Craft Council) H.C. Andersens Boulevard 20 1553 København V;

France (a) for industrial and commercial activities:

the Chambres du commerce et de l'industrie (Chambers of Industry and Commerce);

(b) for small craft activities:

the Chambres des métiers (Chambers of Crafts);

(c) for persons having been employed as manager of an undertaking or in some other managerial capacity : the Directions départementales du travail et de l'emploi (Directorates for Labour and Employment in the various départements)

(d) In all cases of delay or refusal by any of the abovementioned bodies : the Prefects of the various départements.

Ireland

Normally the Association of Chambers of Commerce of Ireland, 7, Clare Street, Dublin 2, with the following exception:

for hotel and restaurant activities:

Bord Failte Eireann (Irish Tourist Board), Baggot Street Bridge, Dublin 2.

Italy (a) for self-employed persons:

the Camere die Commercio, Industria, Artigianato e Agricoltura (Chambers of Commerce, Industry, Small Craft Industry and Agriculture);

(b) for persons having been employed in a managerial capacity : the Ispettorati provinciali del Lavoro (The Labour Inspectors' Departments in the various provinces).

Luxembourg (a) for industrial and commercial activities : the Chambre du Commerce (Chamber of Commerce);

(b) for small craft activities : the Chambre des métiers (Chamber of Crafts);

(c) for activities in paid employment : the Chambre des employés privés (Chamber of Employees in the Private Sector).

Netherlands (a) for activities coming within its area of responsibility : the Hoofdbedrijfschap Ambachten (Central Craft Association);

(b) for activities coming within its area of responsibility : the Hoofdbedrijfschap voor de Detailhandel (Central Retail Association);

(c) for activities coming within its area of responsibility of the following bodies constituted under public law: - for the production of and trade in agricultural produce : the Hoofdproduktschap voor Akkerbouwprodukten (Central Board for Agricultural Produce);

- for the production of and trade in beer : the Produktschap voor Bier (Beer Board);

- for the production of and trade in spirits : the Produktschap voor Gedistilleerde Dranken (Distilled Spirits Board);

- for the production of and trade in fruit and vegetables : the Produktschap voor Groenten en Fruit (Fruit and Vegetables Board);

- for the production of and trade in margarine, oils and fats : the Produktschap voor Margarine, Vetten en Oliën (Margarine, Oils and Fats Board);

- for the production of and trade in poultrymeat and eggs : the Produktschap voor Pluimvee en Eieren (Eggs and Poultry Board);

- for the production of and trade in ornamental plants : the Produktschap voor Siergewassen (Ornamental Plants Board);

- for the production of and trade in milk and milk products : the Produktschap voor Zuivel (Dairy Produce Board);

- for the production of and trade in horticultural seed : the Produktschap voor Tuinbouwzaden (Horticultural Seed Board);

- for the production of and trade in livestock and meat : the Produktschap voor Vee en Vlees (Livestock and Meat Board);

- for the production of and trade in fish and fishery products : the Produktschap voor Vis en Visprodukten (Fish and Fishery Products Board);

- for wholesale trade in sugar, flax, hemp, osier and reeds : the Hoofproduktschap voor Akkerbouwprodukten (Central Board for Agricultural Produce);

(d) for activities not covered by (a), (b) or (c) : the Kamers van Koophandel en Fabrieken (Chambers of Trade and Industry) within whose area of responsibility the activity in question was wholly or partially carried on.

United Kingdom

For all activities: (a) in England, Scotland and Wales:

the Department of Trade and Industry, 1 Victoria Street, London SW1H OET;

(b) in Northern Ireland:

the Department of Commerce, Chichester House, 64 Chichester Street, Belfast BT1 4JX.

2. Authorities or bodies competent to accept certificates as to the type and duration of the professional or trade activities carried on in the country whence the person concerned comes (country of provenance) for those Member States which require evidence of qualifications:

Germany

Normally the competent higher administrative authority (1), with the following exceptions: (a) for trade : normally the competent lower administrative authority (2);

(b) for trade in or transport of explosive substances : normally the Gewerbeaufsichtsämter (Trade Supervision Offices).

Belgium (a) For all activities covered by the rules adopted under the Law of 13 December 1970 : the Chambre des métiers et négoces (Chamber of Crafts and Trades) of the province in which the activity is to be pursued for the first time or the business is to be established;

(b) For activities for which a butcher's licence is required : the Ministère des Classes Moyennes.

Denmark

For persons wishing to carry on the activity of electrician, gasfitter, plumber or sanitary engineer:

Ministeriet for offentlige arbejder, Slotsholmsgade 10, 1216 Københaven K.

France (a) for proof of the sale of a minimum quantity of coal:

the Chambres du Commerce et de l'Industrie;

(b) in the event of delay or refusal by the abovementioned bodies:

Prefects of the various départements.

Ireland

For hotel and lodging activities:

the Bord Failte Eireann (Irish Tourist Board), Baggot Street Bridge, Dublin 2.

Luxembourg

The Ministère des classes moyennes.

Netherlands

The Kamers van Koophandel en Fabrieken (Chambers of Commerce and Industry) in whose area the business is to be established.

(1)In the Länder of the Federal Republic of Germany this is the Regierungspräsident (Chief Regional Administrator), with the following exceptions: Berlin : Senator für Wirtschaft (Senator for Economic Affairs); Bremen : Senator für Wirtschaft und Außenhandel (Senator for Economic Affairs and External Trade); Hamburg : Behörde für Wirtschaft und Verkehr (Department of Economic Affairs and Transport); Saarland : Minister für Wirtschaft, Verkehr und Landwirtschaft (Minister for Economic Affairs, Transport and Agriculture); Schleswig-Holstein : Minister für Wirtschaft und Verkehr (Minister for Economic Affairs and Transport). In the administrative districts (Bezirke) of Oldenburg and Braunschweig in Lower Saxony the higher administrative authority is the Präsident des Verwaltungshezirks (Chief District Administrator). (2)These are the district (Kreis) and municipal authorities.

III

Article 8 (2) and (3) of Council Directive No 67/43/EEC of January 1967 (matters of real estate, etc.), as amended by the Treaty of Accession (1), provides as follows:

"Where a host Member State requires of its nationals wishing to take up or pursue any activity referred to in Article 2 or in Article 3 proof that they have not previously been the subject of professional or administrative disciplinary measures (for example, withdrawal of the right to hold certain offices, suspension from practice or striking off), that State shall accept as sufficient evidence in respect of nationals of other Member States a document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes showing that this requirement has been met.

Where the country of origin or the country whence the beneficiary comes does not issue such documentary proof, such proof may be replaced by a declaration on oath - or, in States where there is no provision for declaration 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 of origin or in the country whence that person comes ; such authority or notary will issue a certificate attesting the authenticity of the declaration on oath or solemn declaration."

The Member States have designated the following authorities and bodies: 1. Authorities and bodies competent to issue certificates showing that the person concerned has not previously been the subject of professional or administrative disciplinary measures

Germany

The Generalbundesanwalt - Bundeszentralregister, Berlin ; but in the case of persons born in the areas in which the Bundeszentralregistergesetz applies, including the Land of Berlin, the relevant duties are, until 31 December 1976 at the latest, to be carried out by the Staatsanwaltschaft - Registerbehörde of the place of birth.

Denmark (a) For persons born in Denmark:

the Politimester (Chief Commissioner of Police) of the police district of the place of birth ; in Copenhagen, the Byrettens justitskontor (Local Court Registry);

(b) for persons born abroad:

the Byrettens justitskontor in Copenhagen.

France

The relevant documentary proof is contained in Part 2 of the Casier judiciaire, which is issued either by the Service du casier judiciaire at the office of the Tribunal de grande instance of the place of birth or, on application by foreign aliens' registration authorities or by foreign authorities responsible for agriculture, industry or commerce, by the Service du casier judiciaire central.

Italy (a) For persons having acted as intermediaries in the buying and selling of immovable property, carried on the business of letting immovable property, or acted as valuers (Stimatori) : the Camere di Commercio, Industria, Artigianato e Agricoltura (Chambers of Commerce, Industry, Crafts and Agriculture);

(b) for persons having carried on the profession of interpreter : the Questura (police authority) of the province where the profession is carried on;

(c) for persons having operated commercial information agencies (Uffici di informazioni commerciali) : the Prefettura (Prefect's Office) of the province where the business is carried on.

Luxembourg

The Parquet général, service du casier judiciaire. The Ministère des classes moyennes.

2. Authorities and bodies competent to take a declaration on oath, or a solemn declaration, that the person concerned has not previously been the subject of professional or administrative disciplinary measures

Belgium

Declarations on oath are taken by notaries.

Ireland

The declarations on oath or solemn declarations are taken by notaries public.

Netherlands

A notary, who issues a copy of an authentic document drawn up by him attesting the authenticity of the declaration on oath made by the person concerned. (1)OJ No 73, 27.3.1972, p. 5.

United Kingdom

Declarations on oath and solemn declarations are taken: (a) in England, Wales and Northern Ireland : by Commissioners for Oaths, Justices of the Peace and Notaries Public;

(b) in Scotland : by Justices of the Peace and Notaries Public. However in Scotland Notaries Public may take only solemn declarations.

ANNEX 1 (MODEL)

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ANNEX 2 List of Directives to which this Communication applies (in chronological order)

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NOTIFICATION

1. By its Decision Nos 71/312/ECSC and 71/313/ECSC of 27 July 1971 (1), the Commission authorized agreements concerning: (a) the specialization of production of rolled-steel products between several German steel-producing undertakings, including August Thyssen-Hütte AG, in the Rationalization Group West;

(b) the joint selling of steel strip and hot-rolled coils by August Thyssen-Hütte-AG and Theodor Wuppermann GmbH ; and

(c) the specialization and joint selling of rolled-steel products between several German steel-producing undertakings, including Rheinstahl Hüttenwerke AG and Edelstahlwerk Witten AG, in the Rationalization Group Westfalen and the Walzstahlkontor Westfalen GmbH.

2. August Thyssen-Hütte AG and Rheinstahl AG, acting both for themselves and for the undertakings controlled by them (including Edelstahlwerk Witten AG) terminated their membership of the Rationalization Groups West and Westfalen respectively on 31 March 1974.

3. The joint selling company of August Thyssen-Hütte AG und Theodor Wuppermann GmbH for steel strip and hot-rolled coils entitled "Verkaufsgesellschaft Thyssen/Wuppermann für Bandstahl und Warmbreitband mbH" ceased trading on 31 March 1974, and is being wound up by "Verkaufsgesellschaft Thyssen/Wuppermann für Bandstahl and Warmbreitband mbH i.L."

4. "Walzstahlkontor Westfalen GmbH" ceased the joint selling of rolled-steel products for Rheinstahl Hüttenwerke AG and Edelstahlwerk Witten AG on 28 February 1974.

5. This action has been taken in accordance with the conditions contained in Commission Decision No 74/153/ECSC (2) of 20 December 1973 authorizing the acquisition by August Thyssen-Hütte AG of a majority shareholding in Rheinstahl AG. (1)OJ No L 201, 5.9.1971. (2)OJ No L 84, 28.3.1974.

ANNEX 1 (MODEL)

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>PIC FILE= "T0012623">

ANNEX 2 List of Directives to which this Communication applies (in chronological order)

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>PIC FILE= "T0012626">

NOTIFICATION

1. By its Decision Nos 71/312/ECSC and 71/313/ECSC of 27 July 1971 (1), the Commission authorized agreements concerning: (a) the specialization of production of rolled-steel products between several German steel-producing undertakings, including August Thyssen-Hütte AG, in the Rationalization Group West;

(b) the joint selling of steel strip and hot-rolled coils by August Thyssen-Hütte-AG and Theodor Wuppermann GmbH ; and

(c) the specialization and joint selling of rolled-steel products between several German steel-producing undertakings, including Rheinstahl Hüttenwerke AG and Edelstahlwerk Witten AG, in the Rationalization Group Westfalen and the Walzstahlkontor Westfalen GmbH.

2. August Thyssen-Hütte AG and Rheinstahl AG, acting both for themselves and for the undertakings controlled by them (including Edelstahlwerk Witten AG) terminated their membership of the Rationalization Groups West and Westfalen respectively on 31 March 1974.

3. The joint selling company of August Thyssen-Hütte AG und Theodor Wuppermann GmbH for steel strip and hot-rolled coils entitled "Verkaufsgesellschaft Thyssen/Wuppermann für Bandstahl und Warmbreitband mbH" ceased trading on 31 March 1974, and is being wound up by "Verkaufsgesellschaft Thyssen/Wuppermann für Bandstahl and Warmbreitband mbH i.L."

4. "Walzstahlkontor Westfalen GmbH" ceased the joint selling of rolled-steel products for Rheinstahl Hüttenwerke AG and Edelstahlwerk Witten AG on 28 February 1974.

5. This action has been taken in accordance with the conditions contained in Commission Decision No 74/153/ECSC (2) of 20 December 1973 authorizing the acquisition by August Thyssen-Hütte AG of a majority shareholding in Rheinstahl AG. (1)OJ No L 201, 5.9.1971. (2)OJ No L 84, 28.3.1974.