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COMMISSION OPINION

OF 4 JULY 1979

ADDRESSED TO THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON A DRAFT REGULATION IMPLEMENTING COUNCIL DIRECTIVE 74/562/EEC ON ADMISSION TO THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS

( 79/633/EEC )

BY LETTERS DATED 2 OCTOBER 1978 AND 9 FEBRUARY 1979 , THE PERMANENT REPRESENTATION OF THE FEDERAL REPUBLIC OF GERMANY TO THE EUROPEAN COMMUNITIES SENT TO THE COMMISSION , FOR CONSULTATION , A DRAFT REGULATION ON THE PROFESSIONAL COMPETENCE REQUIRED BY NATURAL PERSONS OR UNDERTAKINGS WISHING TO ENGAGE IN THE CARRIAGE OF PASSENGERS BY ROAD .

THE DRAFT REGULATION IN QUESTION IMPLEMENTS THE FOURTH LAW AMENDING THE LAW ON THE CARRIAGE OF PASSENGERS ON WHICH THE COMMISSION DELIVERED AN OPINION ON 23 NOVEMBER 1976 . THE COMMISSION ' S POSITION ON THE DRAFT REGULATION IS AS FOLLOWS :

1 . THE FEDERAL GOVERNMENT ' S ATTENTION IS DRAWN TO THE FACT THAT ARTICLE 5 OF THE DRAFT REGULATION TAKES NO ACCOUNT OF THE TRANSITIONAL PROVISIONS IN ARTICLE 4 OF THE COMMUNITY DIRECTIVE CONCERNED .

THUS THE DRAFT REGULATION DOES NOT EXEMPT NATURAL PERSONS OR UNDERTAKINGS PROVIDING PROOF OF HAVING BEEN AUTHORIZED UNDER GERMAN LAW TO EXERCISE THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS BEFORE 1 JANUARY 1978 , FROM FURNISHING PROOF THAT THEY MEET THE REQUIREMENT OF PROFESSIONAL COMPETENCE .

LIKEWISE , THE DRAFT REGULATION DOES NOT SPECIFY THAT THE REQUIREMENT OF PROFESSIONAL COMPETENCE MUST BE MET BY NATURAL PERSONS WHO WERE AUTHORIZED BETWEEN 31 DECEMBER 1974 AND 1 JANUARY 1978 TO EXERCISE THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR WITHOUT HAVING FURNISHED PROOF OF PROFESSIONAL COMPETENCE .

2 . AS REGARDS ARTICLE 5 ( 6 ), THE FEDERAL GOVERNMENT SHOULD , IN ORDER TO ENSURE THE FULL IMPLEMENTATION OF THE COUNCIL DIRECTIVE , PROVIDE THE COMMISSION WITH INFORMATION ENABLING THE LATTER TO DECIDE WHETHER THE CERTIFICATE REFERRED TO IMPLIES DETAILED KNOWLEDGE OF THE SUBJECTS LISTED IN THE ANNEX TO THE COMMUNITY DIRECTIVE .

3 . SIMILARLY , THE COMMISSION CONSIDERS THAT THE PROVISIONS OF PARAGRAPH 7 ( EXEMPTING NATURAL PERSONS WHO HAVE SUCCESSFULLY COMPLETED A COURSE AT AN ESTABLISHMENT OF GENERAL OR TECHNICAL FURTHER EDUCATION , AND ACQUIRED THE STIPULATED KNOWLEDGE OF THE PRINCIPAL SUBJECTS LISTED IN ANNEXES 1 AND 2 , FROM FURNISHING PROOF OF THEIR PROFESSIONAL COMPETENCE ) WOULD NOT APPEAR TO BE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2 ( 4 ) OF THE DIRECTIVE .

AS A MATTER OF FORM , IT WOULD SEEM NECESSARY TO SPECIFY THAT THE SUCCESSFUL COMPLETION OF A COURSE IS SHOWN BY A CERTIFICATE AND THAT THE STUDIES IN QUESTION IMPLY THOROUGH KNOWLEDGE OF ALL , NOT MERELY THE PRINCIPAL , SUBJECTS LISTED IN ANNEXES 1 AND 2 TO THE DIRECTIVE .

4 . ANNEX 1 TO THE DRAFT REGULATION LISTS THE SUBJECTS KNOWLEDGE OF WHICH IS ESSENTIAL FOR THE PURPOSE OF RECOGNITION OF PROFESSIONAL COMPETENCE .

IN THIS CONNECTION IT SHOULD BE NOTED THAT THE ROAD SAFETY TOPICS LISTED IN POINT ( A ) ( 5 ) OF THE ANNEX TO THE DIRECTIVE ARE NOT INCLUDED IN THE LIST OF TOPICS IN THE ABOVE DRAFT REGULATION . THE COMMISSION CONSIDERS THAT THESE TOPICS SHOULD BE ADDED TO THOSE IN THE ANNEX TO THE DRAFT REGULATION .

5 . THE COMMISSION ALSO CONSIDERS THAT ARTICLE 5 ( 8 ) AND ( 9 ) OF THE DRAFT REGULATION DOES NOT COMPLY WITH ARTICLE 2 ( 4 ) OF THE DIRECTIVE . NATURAL PERSONS WHO HAVE ACQUIRED THE NECESSARY KNOWLEDGE BY EXPERIENCE OVER A PERIOD OF NOT LESS THAN THREE YEARS ARE NOT EXEMPT FROM PROVIDING PROOF OF THEIR PROFESSIONAL COMPETENCE , PARTICULARLY THE OBLIGATION TO HAVE A THOROUGH KNOWLEDGE OF THE SUBJECTS GIVEN IN THE ANNEX TO THE DIRECTIVE , WHICH HAS TO BE ESTABLISHED BY THE COMPETENT AUTHORITIES .

DONE AT BRUSSELS , 4 JULY 1979 .

FOR THE COMMISSION

RICHARD BURKE

MEMBER OF THE COMMISSION