COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 586 final - SYN 479 
Brussels, 16 December 1993 
Amended proposal for a 
COUNCIL DIRECTIVE 
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 to facilitate for these 
operators the right to freedom of establishment in national 
and international transport operations 
(consolIdated text) 
(presented by the Commission pursuant to Article 189a(2) of the EC Treaty) 
- 2 -
EXPLANATORY MEMORANDUM 
1. On 16 October 1990, the Commission tabled a proposal for a Council 
Directive consolidating Council Directives 74/561/EEC and 74/562/EEC on 
admission to the occupation of road haulage and road passenger transport 
operator respectively in national and international transport 
operations.1 
2. Following comments from Luxembourg on 29 January 1992, the Council 
suggested to the Commission that the consolidated instrument should 
include Council Directive 77/796/EEC concerning the mutual recognition 
of diplomas, certificates and other evidence of formal qualifications 
for goods haulage operators and road passenger transport operators, 
including measures intended to enable these operators effectively to 
exercise their right to freedom of establishment 
3. The Commission accepted this suggestion and accordingly amended the 
above proposal for a directive, under Article 189a(2) of the EC Treaty, 
as shown in the attached text. 
4. Like the original proposal, this amended consolidating proposal is 
designed to consolidate the legislation in accordance with the basic 
principles on which the Council, Parliament and the Commission agreed in 
1974: it is a legislative consolidation in so far as the new directive 
will replace the various directives involved; it fully respects the 
substance of the consolidated instruments and therefore does no more 
than combine them, making only the formal alterations required by the 
actual consolidation operation. 
5. The Commission felt that it would be appropriate to base this amended 
proposal, incorporating Directive 77/796/EEC, solely on Article 75 of 
the «EC Treaty. 
Although Directive 77/796/EEC was based on Articles 49, 57 and 235 of 
the EC Treaty, it could be argued that the reference to this article is 
not Justified and that it is not necessary to have recourse to 
Articles 49 and 57 since the mutual recognition of diplomas is covered 
by a common policy (cf. mutatis mutandis, the arguments on the 
relationship between Articles 43 and 100 of the Treaty put forward by 
the Court in its judgments of 23 February 1988 in Cases 68/86 and 
131/86). 
Moreover, Articles 75 or 84(2), depending on the case, were also used as 
the legal basis for Directives 87/540/EEC (on access to the occupation 
of carrier of goods by waterway in national and international transport 
and on the mutual recognition of diplomas, certificates and other 
evidence of formal qualifications for this occupation), 91/670/EEC (on 
mutual acceptance of personnel licences for the exercise of functions in 
civil aviation) and 91/672/EEC (on the reciprocal recognition of 
national boatmasters' certificates for the carriage of goods and 
passengers by inland waterway). 
In addition, Directive 77/796/EEC has already been amended by Directive 
89/438/EEC, which is also based solely on Article 75. 
1 SEC(90) 1864 final, 9.10.1990 
- 3 -
COUNCIL DIRECTIVE 74/561/EEC 
of 12 November 1974 
on admission to the occupation of road haulage operator 
in national and international transport operations 
(OJ No L 308, 19.11.1974, p. 18) 
amended by Directives 
80/1178/EEC (OJ No L 350, 23.12.80. p. 41) 
85/578/EEC (OJ No L 372, 31.12.85, p. 34) 
89/438/EEC (OJ No L 212, 22.07.89, p. 101) 
and by Régulât ion 
(EEC) No 3572/90 (0J No L 353, 17.12.90, p. 12) 
COUNCIL DIRECTIVE 74/562/EEC 
of 12 November 1974 
on admission to the occupation of road passenger transport operator 
in national and international transport operations 
(OJ No L 308, 19.11.1974, p. 23) 
amended by Directives 
80/1179/EEC (OJ No L 350, 23.12.80, p. 42) 
85/579/EEC (0J No L 372, 31.12.85, p. 35) 
89/438/EEC (0J No L 212, 22.07.89, p. 101) 
amended by Regulation 
(EEC) No 3572/90 (0J No L 353, 17.12.90, p. 12) 
COUNCIL DIRECTIVE 77/796/EEC 
of 12 December 1977 
aiming at the mutual recognition of diplomas, certificates and 
other evidence of formal qualifications for goods haulage operators 
and road passenger transport operators, including measures intended 
to encourage these operators effectively to exercise their right to 
freedom of establishment 
(0J No L 334, 24.12.77, p. 37) 
amended by Directives 
80/1180/EEC (0J No L 350, 23.12.80, p. 43) 
89/438/EEC (0J No L 212, 22.07.89, p. 101) 
_ 4 -
TABLE OF CONTENTS 
Page 
Title I 
Title I It 
Title I I I 
Annex I ; 
Annex 11 
Annex 111 ; Admission to the occupation of transport operator â 
(Art. 1 - 7) 
Mutual recognition of diplomas, 17 
certificates and other evidence of formal qualifications 
(Art. 8-10) 
Final provisions 20 
(Art. 11 - 15) 
List of contents referred 24 
to in Article 3 (4) 
Part A. List of repealed Directives 26 
Part B. Time-limits for implementation or ?7 
application 
Correlation table 28 
- 5 -
Amended proposal for a 
COUNCIL DIRECTIVE 
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 to facilitate for these 
operators the right to freedom of establishment in national 
and international transport operations 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
. Community, and in particular Article 75 
thereof. 
Having regard to the proposal from the Commission^ 
In cooperation with the European Parliament ('),. 
( I ) OJ No C Having regard to the opinion of the Economic and Social 
Committee (23, 
Whereas Council Oirective 7-4/561/EEC of 12 November 
1974. on admission to the occupation of road haulage 
operator in national and international transport 
operations (3). Council Olrecllve 7</S62/EEC of 12 
November 1974 on admission to the occupation of road 
passenger transport operator in national and 
international transport operations (4) and Council 
Oirective 77/796/EEC of 12 December 1977 aiming at the 
mulutal recognition of diplomas, certificates and 
other evidence of formal- qualifications for goods 
haulage operators and road passenger transport 
operators. Including measures intended to encourage 
these operators effectively to exercise their right to 
freedom of establishment (S) have been substantially 
amended; whereas^ for reasons of clarity and rationality, 
Che ssid Directives should be consolidated in a 
single text; 
Whereas the organization of the transport market is 
one of the essential factors in the implementation of 
the common transport policy provided for in the 
Treaty ; 
Whereas the adoption of measures aimed at coordi­
nating the conditions of admiss.on to the occupations 
of road haulage or road passenger transport 
operators (hereinafter both referred to as "road 
transport operator") is likely to favour effective 
exercise of the right of establishment of those operators; 74/561/EEC 
74/561/EEC 
(adapted) 
(2) OJ No C 
(3) OJ No I 308. 19.11.1974. p. 18. o« lost amended 
by regulation (EEC) No 3572/90 
(OJ No L 353. 17.12.1990. p. 12) 
(4) OJ No L 308. 19. 11.1974. p. 23. as loct amended 
by regulation (EEC) No 3572/90 
(OJ No L 353. 17.12.1990. p. 12) 
(5) OJ No L 334. 24.12.1977. p. 37. o« last amended 
by directive 89/438/EEC 
(OJ NO L 212,-22.7.1989, p. 101) 
-6-
Whereas it is necessary to provide for the introduction 
of common rules for admission to the occupation of 
road tTiaris<pjort operator in national and international 
transport operations in order to ensure that 
such operators are better qualified, thus contri­
buting to rationalization of the market, improvement 
in the quality of the service provided, in the interests 
of users, operators and the economy as a whole, and to 
ercater road safety ; 
Whereas, therefore, the rules for admission to the 
occupation of road transport operator should cover the 
good repute, financial standing and professional 
competence of operators ; 
Whereas, however, it is not necessary jo include in 
these common rules certain kinds of transport which 
are of limited economic importance ; 
Whereas _si nee 74/561/EEC 
74/561/EEC 
74/561/EEC 
road haulage ~- i January 1993 
access to the market of transfrontierftransport operations 
has been governed by a system of Community 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 the pursuit of the occupation of road t ransp >rt 
operator uniformly conditional on the applicant having no 
convictions for serious criminal offences, including offences 
of a commercial nature, not having been declared unfit to 
pursue the occupation and on compliance with the 
regulations applicable to the occupation of road 
transport operator; 
Whereas, as regards the requirement of appropriate financial 
standing, it is necessary, in particular in order to ensure the 
equal treatment of undertakings in the various Member 
States, to lay down certain criteria which road t ransport 
operators must satisfy; 
Whereas, in respect of good repute and financial stand­
ing, it would be appropriate to acknowledge relevant 
documents issued by a competent authority in the road 
transport operator's country of origin or the country 
whence he comes as sufficient proof for admission to 
the activities 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 demonstrate such competence by passing 
a written examination but that Member States may exempt 
the applicant from such an examination if he provides proof 
of sufficient practical experience; 3. 89/438/EEC 
89/438/EEC 
89/438/EEC 
77/796/EEC 
89/438/EEC 
- 7-
Whereas, in respect of professional competence, the 
certificates issued pursuant to the Community pro­
visions on admission to the occupation of road transport 
operator, must be recognized as sufficient proof by the 
host Member State; 
Whereas provision should be made for a system of mutual 
assistance between Member States for the purpose of 
applying this Directive; 
Whereas the harmonization of conditions for applying 
these common rules requires that provision be made 
for a Community consultation procedure as regards 
the appropriate national measures to be taken* 
Whereas this Directive nust not affect the obligations 
of the Uember States concerning the deadlines for 
implementation or application of the Directives set 
out in Annex II, part B, 77/796/EEC 
89/438/EEC 
74/561/EEC 
HAS ADOPTED THIS DIRECTIVE 
-8-
TITU" I 
Admission to the occupation of road transport operator 
Ankle I 
I. Admission to the occupation of road haulage 
operator 0r road passenger transport operator 
— shall be governed by the provisions adopted 
by the Member States in accordance with the 
common rules contained in this Directive. 74/561/EEC 
74/562/EEC 
2. For the purposes of this Directive, 
— uthe occupation of road haulage operator" means 
the activity of any undertaking transporting 
goods for hire or reward by means of either a 
self-contained motor vehicle or a combination of 
coupled vehicles. 89/438/EEC 
the occupation of road passenger transport 
operator"* means the activity of any 
undertaking operating, by means of motor 
vehicles so constructed'and equipped as to be 
suitable for carrying more than nine persons — 
including the driver — and intended for that 
purpose, passenger transport services for the 
public or for specific categories of users against 
payment by the person transported or by the 
transport organiser f 
"undertaking" means any natural person, any 
legal person, whether--profit-making or not, any 
association or group of persons without legal 
personality, whether profit-making or not, or any 
official body, whether having its own legal 
personality or being dependent upon an authority 
having such personality. 
-9-
Article 2 
1. This Directive shall not apply to 
undertakings tcngafl?riri in fre occupation of marl 
haulage operator by means of vehicles the permissible 
payload of which does not exceed 3-5 tonnes or 
the permissible total laden weight of which does not 
exceed six tonnes. Member States may, however, 
lower the said limits for all or some categories of trans­
port operations. 
2. Member States may, after consulting the 
Commission, exempt from the application of all or 
some of the provisions of this Directive .road 
haulage undertakings^ enga^H fyç'usivHy 
national transport operations having only a minor 
impact on the transport market because 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 pending 
completion of the consultations with the 
Commission. 74/561/EEC 
__J5fl9/438/EEC 
_789/438/EEC 
89/438/EEC 
3. Member States may, after consulting the 
Commission, exempt from the application of all or 
some of the provisions of this Directive 
.undertakings, engaged exclusively in road 
passenger transport services for non-commercial 
purposes or having a main occupation other than that 
of road passenger transport operator, in so far as their 
transport operations have only a minor impact on the 
transport market. 74/562/EEC 
->89/438/EEC 
-10-
1. tUndertakings . wishing to 
engage in the occupation of roadtransportoperator 
shall : 
(a) be of good repute ; 
(b) be of appropriate financial standing ; 
(c) satisfy the condition as to professional compe­
tence. 
Where the applicant is a natural person and does not 
satisfy provision (c), the competent authorities may 
nevertheless permit him to engage in the occupation 
of road transportoperator provided that he designates 
to the said authorities another person, satisfying'provi­
sions {a) and (c), who shall continuously and 
effectively manage the transport operations of the 
undertaking. 
vThere the applicant is not a natural person: 
— requirement (a) must be satisfied by the person 
or persons who will continuously and 
effectively manage the transport operations of 
the undertaking. Member Sûtes may require 
that other persons in the undertaking also 
satisfy this requirement, 
— requirement (c) must be satisfied by the person 
or persons referred to in the first indent. 74/S61/EEC 
-5 89/438/EEC 
89/438/EEC 
2. Member States shall determine the conditions 
which must be fulfilled by undertakings established 
within their territory in order to satisfy the good-repute 
requirement. 
They shall provide that this requirement is not satisfied, 
or is no longer satisfied, if the natural person or persons 
who are deemed to satisfy this condition under paragraphe 
a) have been convicted of serious criminal offences, 
including offences of a commercial nature, 
b ) have been declared unfit to pursue the occupation of 
road transport operator under any rules in 
force, 
c ) have been convicted of serious, repeated offences 
against the rules »n 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, the weights 
and dimensions of commercial vehicles, road 
safety and vehicle safety. 
In the cases referred to under a), b) and c) , the 
good-repute requirement shall remain 
unsatisfied until rehabilitation or any other measure 
having an equivalent effect has taken place, pursuant to 
the existing relevant national provisions. 
-11 -
3. (a) Appropriate financial standing shall consist in 
having available sufficient resources to ensure 
proper launching and proper administration 
of the undertaking. 89/438/EEC 
(b) For the purposes of assessing financial 
standing, the competent authority shall have 
regard to: annual accounts of the 
undertaking, if any; funds available, 
including cash at bank, overdraft and loan 
facilities; any assets, including property which 
are available to provide security for the 
undertaking; costs, including purchase cost or 
initial payment for vehicles, premises, plant 
and equipment, and working capital. 
<c) The undertaking must have available capital 
and reserves of at least ECU 3 000 per vehicle 
or ECU 150 per tonne of the maximum 
authorized weight 0"r'ECU 150 per seat, 
as appropriate,^ 
of the vehicles used by the 
undertaking, whichever is the lower. 
Member States may derogate from the first 
subparagraph in the case of transport 
undertakings which pursue their activities 
exclusively on the national market. 
(d) For the purposes of points (a), (b) and (c), the 
competent authority may accept as evidence 
of . 
financial standing confirmation or assurance 
given by a bank or other suitably qualified 
establishment. Such confirmation or 
assurance may be given in the form of a bank 
guarantee or by any other similar means. 
(e) Points (b), (c) and (d) shall apply only to 
undertakings authorized in a Member State, 
as from 1 January 1990, under national 
rules, - to cngagc i" tnc activities of 
road transport operator: 
4 The condition relating to professional 
competence shall consist in the possession of skills 
demonstrated by passing a written examination, which 
may take the form of a multiple-choice examination, 
organized by the authority or body designated for this 
purpose by each Member State in the sub,ects listed in 
the Annexi . 
Member States may exempt from Lcxam,na.tl°" f 
apphcant road transport operators who provide proof of at 
least five years* praaical experience in a transport 
undertaking at management level. 
- 12 -
Member States may exempt the holders of certain 
advanced diplomas or technical diplomas which 
provide proof of a sound knowledge of the subjects 
listed in : . Annexil to be defined by them from sitting an 
examination in the subjects covered by the diplomas. 89/438/EEC 
A certificate issued by the authority or body referred to 
in the first subparagraph must be produced as proof of 
professional competence. 
- 13 
Article 4 
Member States shall determine the circum­
stances in which a transport undertaking may, 
notwithstanding Article 3 (1). be operated on a 
temporary basis for a maximum period of one year, 
with extension for a maximum period of six months, 
in duly justified special cases, in the event of the death 
or physical or legal incapacity of the natural person 
engaged in the occupation of rood transport operator or of 
the natural person who satisfies the provisions of 
Article 3 (1) (a) and (c). 
However, the competent authorities in the 
Member States may, by way of exception and in 
certain special cases, definitively authorize a person 
not fulfilling the condition of professional compe­
tence referred to in Article 3 (I) (c) to operate the 
transport undertaking provided that such person 
possesses at least^three years' practical experience in 
the day-to-day management of the undertaking. Ï 
74/561/EEC 
14 -
Article 5 
!.. Undertakings furnishing 
proof that, before 1 January l978vthey were autho­
rized under national rules in a Member State to 
engage in the occupation either of road haulage or 
road passenger transport opeator, as appropriate, in 
national and/or international road transport operations 
shall be exempt from the requirement to furnish 
proof that they satisfy the provisions laid down in 
Article 3. 
2. However, those natural persons who, after 31 
December 1974 and before 1 January 197$ were : 
— authorized to engage in the occupation either 
of road haulage or road passenger transport 
operator, 
as appropriate, without having furnished proof, 
under national regulations, of their professional 
competence, or 
— designated continuously and effectively to manage 
the transport operations of the undertaking. 
must satisfy, before I January 1980 the condition of 
professional competence referred to in Article 3 (4). 
The same requirement shall apply in the case referred 
to in the third subparagraph of Article 3 (1). 74/561/EEC 
89/438/EEC 
(adapted) 
(1) 1 January 1984 for Greece (Directives 80/1178/EEC and 80/1179/EEC) 
1 January 1986 for Spain and Portugal (Directives 85/578/EEC and 85/579/EEC) 
3 October 1989 for the territory of the former German Democratic Republic 
(Regulation (EEC) No 3572/90) 
(2) 31 December 1980/1 January 1984 for Greece (Directives 80/1178/EEC and 80/1179/EEC) 
31 December 1982/1 January 1986 for Spain and Portugal (Directives 85/578/EEC and 85/579/EEC) 
2 October 1989/1 January 1992 for the territory of the former German Democratic Republic 
(Regulation (EEC) No 3572/90) 
(3) 1 January 1986 for Greece (Directives 80/1178/EEC and 80/1179/EEC) 
1 January 1988 for Spain and Portugal (Directives 85/578/EEC and 85/579/EEC) 
1 July 1992 for the territory of the former German Democratic Republic 
(Regulation (EEC) No 3572/90) 
15 -
Article 6 
1. Decisions taken by the competent authorities of 74/561/EEC 
the Member States pursuant to the measures adopted 
on the basis of this Directive and entailing the rejec­
tion of an application for admission to the occupation 
of road transit opoator shall state the grounds on 
which they are based. 
2. Member States shall ensure that the competent 
authorities withdraw the authorization to pursue the 
occupation of road transport operator if they establish that 
the provisions of Article 3 (I) (a), (b) or (c) are no 
longer satisfied. In this case, however, they shall allow 
sufficient time for a substitute to be appointed. 
3. With regard to the decisions referred to in para­
graphs 1 and 2, Member States shall ensure that the 
~ t undertakings i cove red by this Direc- J ^ 89/438/EEC 
tive are able to defend their interests by appropriate 
means. 
-16-
Article 7 
1. Where serious offences or minor, repeated 
offences against the rules governing ei ther road 
haulage or road passenger transport, as 
appropriate, have Article5a 
89/438/EEC 
(adapted) 
been committed by non-resident "road transport operators 
and might lead to withdrawal of the authorization to 
practise as a road *ran?Pf'operator, the Member States 
shall provide the Member State in which such a road 
transport operator is established with all the 
information in their possession concerning those 
offences and the penalties they have imposed. 
2. If a Member State withdraws the authorization to 
practise as a road transport operator in international 
transport operations, it shall inform the Commission, 
which shall pass the necessary information to the 
Member States concerned. 
3. Member States shall afford each other mutual 
assistance for the purpose of applying this Directive. 
-17-
TITLE II 
Mutual recognition of diplomas, certificates 
and other evidence of formal qualifications 
Article 8 
1. Member Stare «hall, in respect of the activities re­
ferred to *" **"£ Ûredâe take the measures defined in this 
Directive concerning the establishment in their ter­
ritories of the natural persons and undertakings referred 
to in Tide.I of the General Programme for the abolition 
of restrictions on freedom of establishment D-Article 1 (l) 
77/796/EEC 
2.. Without prejudice to paragraphs 3 and 4/ a 
host Member State shall, for the purpose of admission 
tô the occupation cf road transport operator t accept as 
sufficient proof of good repute or of no previous bank­
ruptcy an extract from a judicial record or, failing that, 
an equivalent document issued by a competent judicial 
or administrative authority in the road transport operator 
country of origin or the country whence he comes, 
showing that these requirements have been met. 
3 .. Where the host Member State imposes on its own 
nationals certain requirements as to good repute and 
proof that such requirements are satisfied cannot be 
obtained from the document referred to in paragraph 2, 
that State shall accept as sufficient evidence in respect of 
nationals of other Member States a certificate issued by 
a competent judicial or administrative authority in the 
country of origin or in the country whence the foreign 
national comes stating that the requirements in question 
have been met. Such certificates shall relate to the 
specific facts regarded as relevant by the host country. 
4 . Where the coun try of origin or country whence the 
foreign national comes does not issue the document 
required in accordance with paragraphs 2 and 3., such 
document may be replaced by a declaration on oath or 
by a solemn declaration — made by the person con­
cerned before a competent judicial or administrative 
authority or, where appropriate, a notary in that per­
son's country of origin or the country whence he comes; 
such authority or notary shall issue a certificate attest­
ing the authenticity of the declaration on oath or sol­
emn declaration. The declaration in respect of no pre­
vious bankrupty may also be made before a competent 
professional body in the same country. 
5 . Documents issued in accordance with paragraphs 2 
and 3 shall not be accepted ii produced more than three 
months after their date of issue. This condition shall 
apply also to declarations made in accordance with 
paragraph 4. Article 3 
77/796/EEC 
TD" OJ No 2, 15.1.1962, p. 36/62. 
-18-
Article 9 
1. Where in a host Member State a certificate is re­
quired as proof of financial standing, that State shall 
regard corresponding certificates issued by banks in the 
country of origin or in the country whence the foreign 
national comes or by other financial bodies designated 
by that country, as equivalent to certificates issued in its 
own territory. Article 4 
77/796/EEC 
2. Where a Member State imposes on its own 
nationals certain requirements as to financial standing 
and where proof that such requirements are satisfied 
cannot be obtained from the document referred to in 
paragraph 1, that State shall accept as sufficient evi­
dence, in respect of nationals of other Member States, a 
certificate issued by a. competent administrative auth­
ority in the country of origin or in the country whence 
the foreign national comes, stating that the require­
ments in question have been met. Such certificate shall 
relate to the specific faas regarded as relevant by the 
host country. 
-19-
Article 10 
1. As from 1 January 1990 Member States shall 
recognize as sufficient proof of professional competence 
certificates as referred to in the fourth subparagraph of 
Article 3 (4) "'"/'" • 
which are issued by another Member State. Article 5 (0 
Dir. 77/796/EEC 
89/438/EEC 
2. With regard to -rj-i undertakings 
authorized, before 1 January 1975, under national 
rules m a Member State, to engage in the occupation 
of road haulage operator or road passenger transporjt 
operator in national and/or international road transport 
and in so far as the undertakings concerned are com­
panies or firms within the meaning of Article 58 of the 
Treaty, Member States shall accept as sufficient proof of 
professional competence certificates stating that the 
activity concerned has actually been carried on in a 
Member State for a period of three years. This activity 
must not have ceased more than five years before the 
date of submission of the certificate. 
a legal person 
In the case of v the certificate stating that 
the activity has actually been carried on shall be issued 
in respect of one of the natural persons actually in 
charge of the transport activities of the undertaking. Article 5 (2) 
Dir, 77/796/EEC 
3. The certificates issued to road transport operators 
before 1 January 1990 as proof of their professional competence 
pursuant to the provisions ~ 
in force until that date shall be deemed equivalent to the 
certificates issued pursuant to the provisions of tn»s 
Directive. Article 4 
89/438/EEC 
(1) 1 January 1981 for Greece (Directive 80/1180/EEC) 
TITLE ill 
Final provisions 
Article 11 
Member States shall, before 1 January 1979, 
designate the authorities and bodies com­
petent to issue the documents referred to in Article 8(2) 
and in Arjticl.e 9 and the certificate referred to in Article 10 (2). 
They shall immediately inform the other Member States 
and the Commission thereof. Article 6 
77/796/EEC 
(adapted) 
- 21 -
Article 12 
Shall 
Articles 8 to 11 v also ;ipply to nationals of 
Member States who, pursuant to Council Regulation 
(EEC) No 1612/68 of 15 October 1968 on freedom of 
movement for workers within rhe Community f| ), carry 
on the activities /\ in the capacity 
of employees. 
' of road haulage or road passenger transport 
operator t Article 1 (2) 
77/796/EEC 
(1) OJ No L257, 19.10.1968, p. 2. 
- 22 -
Article 13 
1. Member States shall take the measures necessary to 
comply with the Provisions of thisDircctivc.no 
later than the dates listed in Annex H, part B 
after consulting the Commission. 
2. Member States shall communicate to the Commission 
text of the provisions of national law which they adopt in the 
field covered by this Directive. Article 5 
89/438/EEC 
(adapted) 
the 
-23-
Article 14 
The Directives listed in Annex II, part A are hereby 
repealed, without prejudice to the obligations of the 
Member States regarding the time-limits for 
implementation or application set out in Annex II, part B. 
References to the said Directives shall be construed 
as references to this Directive and shall be read in 
accordance with the correlation table set out in Annex III, 
Article 15 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the Council 
The President 
-24-
ANNEX J 
74/561/EEC 
LIST OF SUBJECTS REFERRED TO IN ARTICLE 3 (4) 
The knowledge to be taken into consideration (or the official recognition of-professional competence 
must cover at least the subjects listed below. These must be described in full detail and have been 
worked out or approved by the competent national authorities. They must be so designed as to be 
within the grasp of those pesons whose education corresponds to the level normally reached at 
school-leaving age. 
A. SUBJECTS OF WHICH KNOWLEDGE IS REQUIRED FOR ROAD TRANSPORT OPERATORS 
INTENDING TO ENGAGE EXCLUSIVELY IN NATIONAL TRANSPORT OPERATIONS 
1. LAW 
Elements of civil, commercial, social and fiscal law, u necessary for engaging in the occupa­
tion, with particular emphasis on : 
— general contracts ; 
— transport contracts, with particular reference to the responsibility of the haulage operator 
(nature and limits); 
— commercial companies ; 
— ledgers ; 
— rules governing labour, social security; 
— taxation systems. 
2. Road haulage operator 
a ) Business and financial management of an undertaking 
— methods of payment and financing ; 
— costing ; 
— pricing and haulage terms ; 
— business accounts ; 
— insurance ; 
— invoicing ; 
— transport agents. 
— management techniques. 
— marketing. 
b ) Access to the market 
— provisions^ relating to the talcing up and pursuit of the occupation ; 
— transport documents. 
c ) Technical standards and aspects of operation 
— weight and dimensions of vehicles ; 
— vehicle selection ; 
— type-approval and registration ; 
— vehicle maintenance standards ; 
— loading and unloading of: vehicles. 
— carriage of dangerous goods; 
— carriage of foodstuffs,-
— the relevant environmental protection 
concepts with reference to the use and 
maintenance of motor vehicles. 
d) Road safety 
— laws, regulations and administrative provisions applicable to traffic ; 
— traffic safety; 
— accident prevention and procedure in the event of an accident. 89/438/EEC 
74/561/EEC 
89/438/EEC 
74/561/EEC 
-25-
3. Road passenger transport operator 
a) Business and financial management of an undertaking 
— methods of payment and financing; 
— costing ; 
system of fares, prices and conditions of transport ; 
— business accounts ; 
— insurance ; 
— invoices ; 
— travel agencies; 
— nanagenent techniques; 
— «arketing. 
b ) Regulation of road passenger services 
— institution of transport services and transport plans ; 
— conditions of fulfilment of passenger services ; 
— provisions relating, to admission to and pursuit of the occupation : 
—• transport documents. 
c) Technical standards and aspects of operation 
— vehicle selection ; 
— type-approval and registration ; 
— vehicle maintenance standards. 
— the relevant environmental protection concepts 
with reference to the use and maintenance of 
motor vehicles. 
d ) Road safety 
— laws, régulations and administrative provisions applicable to traffic; 
— traffic safety; 
— geographical knowledge of routes ; 
— accident prevention and procedure in the event of an accident. 74/562/fEC 
] 
1 69/t38/EEC 
74/5Ô2/EEC 
] 89/438/EEC 
74/562/EEC 
B. SUBJECTS OF WHICH KNOWLEDGE IS REQUIRED FOR ROAD TRANSPORT OPERATORS 
INTENDING TO ENGAGE IN INTERNATIONAL TRANSPORT 
— subjects listed under A 1, 2 or 3, as appropriate; 
— provisions applicable either to the transport of goods or of passengers by 
road, as appropriate, between Member States and between the _______ 1 
Community and non-member countries, arising out of national laws. Community standards, 
international conventions and agreements ; 
— customs practices and other formalities related to transport controls; 
— main traffic regulations in the Member Stales. 74/551/EEC 
-26-
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 successive 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) 3572/90 : only Articles 1 and 2 
-27-
PART B 
Directive 
74/561/EEC (OJ No L 308, 19.11.1974, p. 18) 
23.12.1980, p. 41) 
31.12.1985, p. 34) 
22.07.1989, p.101) 80/1178/EEC (OJ NO L 350, 
85/578/EEC (OJ No L 372, 
89/438/EEC (OJ No L 212. 
74/562/EEC (OJ No L 308, 19.11.1974, p. 23) 
80/1179/EEC (OJ No L 350, 
85/579/EEC (OJ No L 372, 
89/438/EEC (OJ No L 212, 23.12.1980, p. 42) 
31.12.1985, p. 35) 
22.07.1989, p.101) 
77/796/EEC (OJ No L 334, 24.12.1977, p. 37 
80/1180/EEC (OJ No L 350, 
89/438/EEC (OJ No L 212, 23.12.1980, p. 43 
22.07.1989, p.101) Deadline -for inpiementation or .application 
1 January 1977 
1 January 1978 
1 January 1981 
1 January 1986 
1 January 1990 
1 January 1977 
1 January 1978 
1 January 1981 
1 January 1986 
1 January 1990 
1 January 1979 
1 January 1981 
1 January 1990 
-28-
ANNEX III 
CORRELATION TABLE 
Direct ive 
74/561/EEC Direct ive 
74/562/EEC Direct ive 
89/438/EEC Di rect ive 
77/796/EEC This Direct ive 
Article 1 
Article 1 (1) 
(2) 1st indent 
Article 1 (2) 2nd indent 
Article 2 (1), (2) 
Article 3 
Article 4 
Article 5 
Article 6 
Article 6a 
Article 7 
Article 8 
Annex point A.1 
Annex point A.2, 3, 4, 5 
Annex point B Article 1 (1) 
Article 1 (2) 1st indent 
Article 1 (2) 2nd indent 
Article 1 
Article 2 
Article 3 
Article 4 
Article 5 
Article 5a 
Article 6 (3) 
Art icle 4 
Article 5 Art. 1 (1) 
Art. 3 
Art. 4 
Art. 5 (1) 
Art. 5 (2) 
Art. 6 
Art. 1 (2) 
Article 7 
Annex point A.1 
Annex point A.2, 3, 4, 5 
Annex point B Art ic 
Art ic 
Art ic 
Art ic 
Art ic 
Art ic 
Art ic 
Artie 
Art ic 
Art ic 
Art ic 
Artie 
Art ic 
Artie 
Art ic 
Art ic 
Artie 
Artie 
Artie 
Art ic 
Artie 
Artie 
Annex 
Annex 
Annex 
Annex 
Annex 
Annex 
Annex e 1 
e 1 
e 1 
e 1 
e 
e 
e 
e 
e 
e 
e (1) 
(2) 1st indent 
(2) 2nd indent 
(2) 3rd indent 
(1), (2) 
(3) 
e 8 
e 8 
(1) 
(2) 
(3) (1) 
(2) 
9 
10 
10 
10 
11 
12 
13 
14 
15 
point 
point 
point 
point 
I Part 
I Part 
II A.1 
A.2 
A.3 
B 
A 
B a) 
a) b), 
b), O, 
O, d) 
d) 
-29-
KSN 0254-1475 
COM (93) 586 final 
DOCUMENTS 
EN 16 07 10 
Catalogue number : CB-CO-93-623-EN-C 
ISBN 92-77-61638-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg