24.12.83 Official Journal of the European Communities No C 351/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive 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 
COM(83) 720 final 
(Submitted by the Commission to the Council on 7 December 1983) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 49, 57 and 75 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the organization of the transport market is 
one of the necessary preconditions for the 
implementation of the common transport policy 
which is provided for in the Treaty; 
Whereas the adoption of measures designed to 
coordinate the conditions for access to the occupation 
of carrier is likely to promote the actual exercise of 
the right of establishment; 
Whereas provision must be made for the introduction 
of common rules governing access to the occupation 
of carrier of goods by waterway in national and inter­
national transport in order to improve the standard of 
carriers; whereas such improvement is likely to help 
to set the market on a sounder footing and improve 
the quality of the service performed, in the interest of 
users, carriers and the economy as a whole; 
Whereas the rules governing access to the occupation 
of carrier of goods by waterway must therefore cover 
at least the professional competence of the carrier, 
although Member States may also maintain or lay 
down rules governing probity and financial standing 
of the carrier; transport activities with minor economic implications, 
and transport for own account is by definition 
excluded from these rules; 
Whereas there is a need for mutual recognition of 
diplomas, certificates and other evidence of formal 
qualifications for the activities covered by this 
Directive, in order to promote the actual exercise of 
the right of establishment; 
Whereas, in respect of professional competence, the 
certificates issued pursuant to the provisions of this 
Directive regarding access to the occupation of 
carrier must be recognized as sufficient proof by the 
host Member State; 
Whereas Member States which impose on their own 
nationals certain requirements as to probity and 
financial standing must accept as sufficient evidence 
in respect of nationals of other Member States 
documents issued by a competent authority in the 
country of origin of the carrier; 
Whereas the provisions of this Directive concerning 
the mutual recognition of diplomas, certificates and 
other evidence of formal qualifications for carriers 
apply only to undertakings which can be considered 
as such within the meaning of Article 58 of the 
Treaty; 
Whereas this Directive must also apply to employed 
persons covered by Council Regulation (EEC) No 
1612/68 of 15 October 1968 on the free movement of 
workers within the Community ('), in so far as the 
Member States make access to the occupation 
covered by this Directive or the exercise thereof 
conditional on the possession of professional 
knowledge and skills, 
Whereas, however, there is no need to include in the 
common rules laid down by this Directive certain O OJ No L 257, 19. 10. 1968, p. 2. 
No C 351/6 Official Journal of the European Communities 24.12.83 
HAS ADOPTED THIS DIRECTIVE: 
CHAPTER I 
Definitions and scope 
Article 1 
1. Access to the occupation of carrier of goods by 
waterway shall be governed by the provisions adopted 
by the Member States pursuant to the common rules 
laid down in this Directive. 
2. For the purposes of this Directive: 
— the expression 'occupation of carrier of goods by 
waterway' shall mean the activities engaged in by 
any natural person or any undertaking carrying 
goods by waterway for hire or reward, even if this 
occupation is not exercised on a regular basis, 
— the term 'undertaking' shall mean companies or 
firms within the meaning of Article 58 of the 
Treaty and groups or cooperatives of owner-
operators whose purpose is to obtain business 
from shipping agents for distribution among their 
members, irrespective of whether such groups or 
cooperatives possess legal personality, 
— 'owner-operator' shall mean owner or operator of 
no more than three vessels, or an owner-operator 
undertaking as defined by the national legislation 
of a Member State. 
Article 2 
This Directive shall not apply to natural persons or 
undertakings pursuing the occupation of carrier of 
goods by waterway using vessels with a deadweight 
capacity at maximum draft not exceeding 200 tonnes. 
The Member States may lower this limit for all or 
some categories of transport. 
The Directive shall likewise not apply to natural 
persons and undertakings operating ferry services. 
CHAPTER II 
Access to the occupation 
Article 3 
1. Natural persons or undertakings wishing to 
pursue the occupation of carrier of goods by 
waterway must satisfy the conditions, relating to pro­
fessional competence, even if they are members of a 
group or cooperative of owner-operators, within the 
meaning of Article 1 (2), or exercise their occupation 
exclusively for a specific period of time as subcon­
tractors to another waterway transport undertaking. If the applicant is a natural person who does not meet 
this condition, the competent authorities may 
nevertheless authorize him to pursue the occupation 
of carrier provided that he designates another person 
meeting this condition who actually manages the 
transport operations on a permanent basis. 
If the applicant is an undertaking within the meaning 
of Article 1 (2), one of the natural persons who 
actually manages the undertaking's transport 
operations on a permanent basis must meet the 
conditions relating to professional competence. 
2. Professional competence shall mean possessing 
the standard of knowledge accepted by the authority 
or body appointed for this purpose by each Member 
State in the subjects listed in the Annex. The required 
knowledge shall be acquired either by attendance at 
courses or by practical experience in a waterway 
transport undertaking, or by a combination of the 
two. Member States may exempt from the application 
of these provisions the holders of certain higher 
education or technical education diplomas which 
testify to a sound knowledge of the subjects listed in 
the Annex. 
A certificate issued by the authority or body referred 
to in the first subparagraph must be produced as 
proof of professional competence. 
Article 4 
1. Member States shall lay down the terms on 
which a transport undertaking may, by way of dero­
gation from Article 3 (1), operate on a provisional 
basis for a maximum of one year, which period may 
be extended by no more than six months in 
exceptional duly justified cases, in the event of death 
or physical or legal incapacity of the natural person 
pursuing the occupation of carrier or of the natural 
person satisfying the conditions set out in Article 3. 
2. However, the competent authorities in the 
Member States may, by way of exception, in certain 
special cases, permanently authorize the operation of 
an undertaking by a person who does not meet the 
condition relating to professional competence laid 
down in Article 3, but who has had at least three 
years practical experience in the everyday 
management of the undertaking concerned. 
Article 5 
Natural persons and undertakings who provide proof 
that before 1 July 1984 they were authorized in a 
24.12.83 Official Journal of the European Communities No C 351/7 
Member State, pursuant to national rules, to pursue 
the occupation of carrier of goods by waterway in 
national and/or international transport, shall be 
exempt from the obligation to prove that they meet 
the conditions laid down in Article 3. 
Article 6 
1. Reasons must be given for any decision taken by 
the competent authorities of the Member States, 
pursuant to the measures adopted on the basis of this 
Directive, by which an application for access to the 
occupation of carrier of goods by waterway is 
rejected. 
2. Member States shall ensure that the competent 
authorities withdraw an authorization to pursue the 
occupation of carrier of goods by waterway if they 
find that the conditions laid down in Article 3 are no 
longer met, subject to allowing, where appropriate, 
sufficient time for the recruitment of a substitute. 
3. Member States shall ensure that the natural 
persons and undertakings referred to in this Directive 
have the opportunity to defend their interests by 
appropriate means with regard to the decisions 
referred to in paragraphs 1 and 2. 
CHAPTER III 
Mutual recognition of diplomas, certificates and other 
evidence of formal qualifications 
Article 7 
1. Member States shall recognize the certificates 
referred to in the second subparagraph of Article 3 
(2) and issued by another Member State as sufficient 
proof of professional competence where they are 
based on an examination passed by the applicant or 
on three year's practical experience. " 
2. With regard to natural persons and under­
takings authorized before 1 July 1984 under national 
rules in a Member State to engage in the occupation 
of carrier of goods by waterway in national and/or 
international transport and in so far as the under­
takings concerned are companies 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 in 
question 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. 
In the case of an undertaking, 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 8 
1. Where the host Member State imposes on its 
own nationals certain requirements as to good repute 
or absence of previous bankruptcy, that State shall 
accept as sufficient evidence in respect of nationals of 
other Member States, without prejudice to paragraphs 
2 and 3, an extract from a judicial record or, failing 
that, an equivalent document issued by a competent 
judicial or administrative authority in the carrier's 
country of origin or prior establishment, showing that 
these requirements have been met. 
2. Where the host Member State imposes on its 
own nationals certain requirements as to good repute 
and proof that such requirements are met cannot be 
furnished by means of the document referred to in 
paragraph 1, the 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 
prior establishment, stating that the requirements in 
question have been met. Such certificates shall relate 
to the specific facts regarded as relevant by the host 
country. 
3. Where the country of origin or prior 
establishment does not issue the document required in 
accordance with paragraphs 1 and 2, such document 
may be replaced by a declaration on oath or by a 
solemn declaration made by the person concerned 
before a competent judicial or administrative 
authority or, where appropriate, a notary in that 
person's country of origin or prior establishment; 
such authority or notary shall issue a certificate 
attesting the authenticity of the declaration on oath 
or solemn declaration. The declaration in respect of 
bankruptcy may likewise be made before a competent 
professional body in the same country. 
4. Documents issued in accordance with 
paragraphs 1 and 2 shall not be accepted if submitted 
more than three months after the date of issue. This 
condition shall also apply to declarations made in 
accordance with paragraph 3. 
Article 9 
1. Where the host Member State imposes on its 
own nationals certain requirements as to financial 
standing and where a certificate is required as proof, 
that State shall regard corresponding certificates 
issued by banks in the country of origin or of prior 
establishment, or by other bodies designated by that 
country, as equivalent to certificates issued within its 
own territory. 
2. Where a Member State imposes on its 'own 
nationals certain requirements as to financial standing 
and where proof that such requirements are satisfied 
No C 351/8 Official Journal of the European Communities 24.12.83 
cannot be furnished . by means of 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 
administrative authority in the country of origin or 
prior establishment, stating that the requirements in 
question have been met. Such certificate shall relate 
to the specific factors regarded as relevant by the host 
country. 
Article 10 
Articles 7 and 9 of this Directive shall also apply to 
nationals of Member States who, pursuant to Regu­
lation (EEC) No 1612/68, are engaged as employed 
persons in the activities referred to in Article 1. 
Article 11 
Member States shall, within the time limit laid down 
in the first subparagraph of Article 12 (1), designate 
the authorities and bodies competent to issue the 
certificates referred to in Article 7 (2). They shall 
immediately inform the other Member States and the 
Commission thereof. CHAPTER IV 
Final provisions 
Article 12 
1. Member States shall bring into force the 
measures necessary to comply with this Directive 
before 1 July 1984 and shall immediately inform the 
Commission thereof. 
They shall ensure that the initial examination of the 
standards of competence referred to in Article 3 takes 
place before 1 January 1987. 
2. Member States shall forward to the Commission 
the text of the main provisions of national law which 
they adopt in the fields covered by this Directive. 
Article 13 
This Directive is addressed to the Member States. 
24.12.83 Official Journal of the European Communities No C 351/9 
ANNEX 
LIST OF THE SUBJECTS REFERRED TO IN ARTICLE 3 (2) 
The knowledge to be taken into consideration for recognition of professional competence must 
relate to at least the subjects listed below. These must be described in detail and be defined or 
approved by the competent national authorities. The knowledge required must be such that it can be 
assimilated by persons whose educational level is equivalent to that obtained at the end of 
compulsory schooling. 
A. Subjects of which a satisfactory knowledge is required for carriers intending to engage solely in 
national transport operations 
1. Law 
Rudiments of civil law and commercial, social and tax legislation, knowledge of which is 
necessary for the pursuit of the occupation, particularly as regards: 
— contracts in general, 
— haulage contracts, in particular the liability of the carrier (nature and limits), 
— commercial companies, 
— business accounts, 
— labour and social security regulations, 
— the tax system. 
2. The commercial and financial management of an undertaking 
— methods of payment and financing, 
— calculation of cost prices, 
— system of prices and terms of carriage, 
— commercial accounting, 
— insurance, 
— invoices, 
— transport agents. 
3. Access to the market 
— the provisions relating to access to and the pursuit of the occupation, 
— chartering systems, 
— transport documents. 
4. Technical standards and technical aspects of operation 
— the technical features of vessels, 
— the choice of vessels, 
— registration, 
— lay days and demurrage. 
5. Safety 
— the provisions laid down by law, regulation or administrative action concerning waterway 
traffic, 
— accident prevention and measures to be taken in case of accident. 
No C 351/10 Official Journal of the European Communities 24.12.83 
B. Subjects of which a satisfactory knowledge is required for carriers intending to engage in 
international transport operations 
— subjects listed under A, 
— the provisions applicable to waterway transport between the Member States and between the 
Community and non-member countries, laid down in national law, Community rules, and 
international conventions and agreements, particularly with respect to: 
— customs practices and formalities, 
.— principal rules governing traffic in the Member States. 
Amendment to the proposal for a Council Decision dealing with structures and proce­
dures for the management and coordination of Community research, development and 
demonstration activities (') 
COM(83) 73 5 final 
(Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty 
on 7 December 1983) 
ORIGINAL PROPOSAL 
(Doc. COM(83) 143 final) AMENDED PROPOSAL 
(changes in bold type) 
Article 3 Articles 1, 2, 4 and 6 unchanged 
CGCs shall be composed of, at most, three rep­
resentatives of each Member State and the 
Commission. The representatives of Member States 
shall be nominated by the Commission in agreement 
with their Governments. Their term of office shall be 
four years, renewable. Article 3 
CGCs shall be composed of, at most, three rep­
resentatives of each Member State and the 
Commission. The representatives of Member States 
shall be nominated by the Commission in agreement 
with their Governments on the basis of their scientific 
experience and knowledge of national scientific and 
technical policies in the field for which they are 
responsible. Their term of office shall be four years, 
renewable. 
Article 5 
The Commission shall ensure that all necessary 
liaison between the CGCs takes place. The opinions 
and reports emanating from CGCs shall be passed to 
the Council and the Parliament by the Commission as 
required. 
ANNEX 
List of CGCs set up by this Decision: 
— Industrial technology (except ECSC steel research), 
— Information technology, 
— Biotechnology, Article 5 
The Commission shall ensure that all necessary 
liaison between the CGCs takes place. The opinions 
and reports emanating from CGCs shall be passed to 
the Council and the Parliament by the Commission in 
each case. 
ANNEX 
List of CGCs set up by this Decision: 
— Industrial technology (except ECSC steel research), 
— Information technology, 
— Biotechnology, 
O OJ No C 113, 27. 4. 1983, p. 5.