16. 4. 88 Official Journal of the European Communities No C 102/5 
Proposal for a Council Directive amending: 
— Directive 74/561/EEC on admission to the occupation of road haulage operator in national 
and international transport operations, 
— Directive 74/562/EEC on admission to the occupation of road passenger transport operator 
in national and international transport operations, 
— Directive 77/796/EEC 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 
COM(88) 95 final 
(Submitted by the Commission to the Council on 11 March 1988) 
(88/C 102/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 75 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the express aim of the common rules 
introduced by Council Directives 74/561/EEC and 
74/562/EEC is to help rationalize the transport market 
and improve the quality of the services provided by 
operators and to ensure that the right to freedom of 
establishment is effectively exercised; 
Whereas these Directives lay down three criteria for 
admission to the occupation of road haulage operator, 
namely good repute, appropriate financial standing and 
professional competence; whereas, although they lay 
down a number of rules governing professional 
competence, they do not define the content of the first 
two criteria, leaving it to the Member States to adopt 
appropriate measures at national level; whereas they do, 
however, recommend coordination of such measures at a 
later date; 
Whereas, on 30 June 1986, the Council adopted 
conclusions calling for the definitive organization of a 
free intra-Community market in road haulage to include 
a system of Community authorizations issued on the 
basis of purely qualitative criteria; 
Whereas, in order to ensure establishment of the 
freedom to provide transport services, including the 
admission of non-resident carriers to national transport 
operations in Member States, it is essential to coordinate 
and harmonize as far as possible, by means of common 
rules, the basic conditions governing practising as an 
operator and withdrawal of the right to practise; Whereas such harmonization is also necessary to ensure 
equal conditions of competition between road hauliers 
and road passenger transport operators established in the 
Member States; 
Whereas, in view of the other Community rules which 
apply to road haulage, the provisions governing 
admission to the occupation of road haulage operator 
must be extended to operators using vehicles with a 
maximum permissible weight of over 3,5 tonnes; 
Whereas, as regards the criterion of good repute, special 
requirements must be laid down uniformly throughout 
the transport sector to cover admission to the occupation 
of road haulier and passenger transport operator and the 
exercise of those professions in addition to the general 
conditions of good conduct required in any commercial 
profession, in order to effectively reorganize the market; 
Whereas, in respect of financial standing, there should be 
a minimum number of financial guarantees which 
operators must have in order to practise their profession, 
to ensure that they satisfy their professional obligations 
and to guarantee equality of treatment for undertakings 
from different Member States; 
Whereas, as regards professional competence, it would 
be expedient, in the light of the way in which national 
measures implementing Directives 74/561/EEC and 
74/562/EEC have been applied, to define certain aspects 
thereof, and to add other subjects to the list of skills 
required of operators, in particular environmental 
protection safeguards in the case of road hauliers and 
passenger carriers, and precautions to be taken in the 
carriage of dangerous goods by road; 
No C 102/6 Official Journal of the European Communities 16. 4. 88 
Whereas the provisions of Directive 77/796/EEC on the 
mutual recognition of certificates as evidence of qualifi­
cations for the occupation of road haulage or passenger 
transport operator, including proof of practical 
experience, must be amended to include the new 
criterion that operators must pass an examination, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 74/561/EEC is hereby amended as follows: 
1. Article 2 (1) is replaced by the following: 
'This Directive does not apply to natural persons or 
undertakings which use vehicles with a maximum 
permissible weight of less than 3,5 tonnes for road 
haulage operations'. 
2. Article 3 (2) is replaced by the following: 
'Good repute consists of not only satisfying the 
general conditions required to exercise any 
commercial profession but also of not having been 
convicted over the last three years of any offences 
which would bar such persons from exercising their 
profession under national, Community and inter­
national transport and traffic laws, and in particular 
the rules governing drivers' driving and rest periods, 
road safety, vehicle safety and the obligations of 
company management'. 
3. The last sentence in Article 3 (3) is replaced by the 
following: 
'For this purpose the undertaking must always be able 
to provide proof that it possesses financial guarantees 
corresponding to 10 % of the purchase value of each 
vehicle it uses. This sum may be reduced by Member 
States, after consultation of the Commission, in the 
light of the circumstances of operators, in particular, 
their size'. 
4. Article 3 (4) is replaced by the following: 
'The condition of professional competence shall 
consist in possessing skills demonstrated by passing a 
written examination organized by the authority 
designated for this purpose by each Member State in 
the subjects listed in the Annex. The necessary 
knowledge shall be acquired by attending courses and 
by practical experience gained by carrying out 
relevant work in a transport undertaking for at least 
five months. 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 the Annex to be defined by them from sitting an examination in the subjects covered by 
these diplomas. A certificate issued by the authority 
referred to in the preceding subparagraph must be 
produced as proof of professional competence'. 
5. The following Article is inserted: 
'Article 6a 
1. Member States shall exchange any information 
they may possess on offences committed by non­
resident carriers which might necessitate withdrawal 
of the right to practise as a road haulage operator and 
on the penalties imposed. 
2. If a Member State withdraws the right to practise 
as a road haulage operator in international transport 
operations, it shall inform the other Member States'. 
6. The following is added to the end of point 2 in 
paragraph A of the Annex: 
'— management techniques for a road haulage 
undertaking, 
— logistics, 
— commercial practices'. 
Point 5 in the Annex is replaced by the following: 
'5. Road safety and environmental protection 
— laws, regulations and administrative provisions 
applicable to traffic, 
— traffic safety, 
— accident prevention and procedure in the event 
of an accident, 
— carriage of dangerous goods, 
— carriage of foodstuffs in containers in which 
dangerous goods have been carried, 
— national environmental laws and regulations'. 
Article 2 
Directive 74/562/EEC is hereby amended as follows: 
1. Article 2 (2) is replaced by the following: 
'Good repute shall consist of not only satisfying the 
general conditions required to exercise any 
commercial profession but also of not having been 
convicted over the last three years of any offences 
which would bar such persons from exercising their 
profession under national, Community and inter-
16. 4. 88 Official Journal of the European Communities No C 102/7 
national transport and traffic laws, and in particular 
the rules governing drivers' driving and rest periods, 
road safety, vehicle safety and the obligations of 
company management'. 
2. The last sentence in Article 2 (3) is replaced by the 
following: 
Tor this purpose the undertaking must always be able 
to provide proof that it possesses financial guarantees 
corresponding to 10 % of the purchase value of each 
vehicle it uses. This sum may be reduced by Member 
States, after consultation of the Commission, in light 
of the circumstances of operators, in particular, their 
size'. 
3. Article 2 (4) is replaced by the following: 
'The condition of professional competence shall 
consist in possessing skills demonstrated by passing a 
written examination organized by the authority 
designated for that purpose by each Member State in 
the subjects listed in the Annex. The necessary 
knowledge shall be acquired by attending cources and 
by practical experience gained by carrying out 
relevant work in a transport undertaking for at least 
five months. 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 the Annex to be defined by them 
from sitting an examination in the subjects covered by 
these diplomas. A certificate issued by the authority 
referred to in the preceding subparagraph must be 
produced as proof of professional competence'. 
4. The following Article is added: 
'Article 5a 
1. Member States shall exchange any information 
they may possess on offences committed by non­
resident carriers which might necessitate withdrawal 
of the right to practise as a road haulage operator and 
on the penalties imposed. 
2. If a Member State withdraws the right to 
practise as a road haulage operator in international 
transport operations, it shall inform the other Member 
States'. 5. The following is added at the end of point 2 in 
paragraph A of the Annex: 
'— management techniques for a road transport 
undertaking, 
— logistics, 
— commercial practices'. 
Point 5 in the Annex is replaced by the following: 
'5. Road safety and environmental protection 
— laws, regulations and administrative provisions 
applicable to traffic, 
— traffic safety, 
— accident prevention and procedure in the event 
of an accident, 
— national environmental laws and regulations'. 
Article 3 
Directive 77/796/EEC is hereby amended as follows: 
The phrase 'or three years' practical experience' at 
the end of Article 5 (1) is deleted. 
Article 4 
1. The provisions of Article 1 (1) and (4); Article 2 (3) 
and Article 3 of this Directive amending Directives 
74/561/EEC, 74/562/EEC and 77/796/EEC shall not 
apply to road transport operators authorized to practise 
before 1 January 1990. 
2. Road transport operators covered by the preceding 
paragraph shall be subject to the provisions of Directives 
applying before this Directive enters into force. 
Article 5 
1. Member States shall adopt the measures necessary 
to implement the provisions amended by this Directive 
after consulting the Commission. These provisions shall 
take effect from 1 January 1990. 
2. Member States shall forward to the Commission 
the text of the main provisions of national law which 
they adopt in the field covered by this Directive. 
Article 6 
This Directive is addressed to the Member States.