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)
Date: 1993-12-16
Institutions: European Commission
Subjects: carriage of goods, carriage of passengers, carrier, recognition of diplomas, right of establishment, road transport

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 
85/578/EEC 
89/438/EEC 

(OJ No L 350, 23.12.80. p.  41) 
(OJ No L 372, 31.12.85, p.  34) 
(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 
85/579/EEC 
89/438/EEC 

(OJ No L 350, 23.12.80, p.  42) 
(0J No L 372, 31.12.85, p.  35) 
(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 
89/438/EEC 

(0J No L 350, 23.12.80, p.  43) 
(0J No L 212, 22.07.89, p. 101) 

_ 4 -

TABLE OF CONTENTS 

Title I 

Admission to the occupation of transport  operator 
(Art. 1 - 7) 

Page 

â 

Title  I It 

Mutual  recognition of diplomas, 
certificates  and other  evidence of  formal  qualifications 
(Art.  8 - 1 0) 

17 

Title  I I I 

Final  provisions 
(Art. 11 - 15) 

Annex  I ; 

Annex  11 

Annex  111 ; 

List of contents  referred 
to  in Article 3 (4) 

Part  A.  List of repealed  Directives 
Part  B. Time-limits  for implementation or 
application 
Correlation  table 

20 

24 

26 
?7 

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  ('),. 

Having  regard  to the opinion  of  the Economic  and Social 

Committee (23, 

transport 

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 
operator  in  national  and 
passenger 
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 
transport 
haulage  operators  and  road  passenger 
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  c l a r i ty  a nd  r a t i o n a l i t y, 

Che ssid  Directives  should  be  consolidated  in  a 

single  t e x t; 

Whereas  the organization  of  the  transport  market  is 

one  of the essential  factors  in  the i m p l e m e n t a t i on  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  p a s s e n g er 

t r a n s p o rt 

operators  (hereinafter  both  referred  to  as  "road 

transport  operator") is  l i k e ly  to  favour  effective 

74/561/EEC 

74/561/EEC 

( a d a p t e d) 

(  I )  OJ No  C 

exercise  of  the  right  of  establishment  of  those  operators; 

( 2)  OJ No  C 
( 3)  OJ No  I  3 0 8.  1 9 . 1 1 . 1 9 7 4.  p.  1 8. o« 

l o st  amended 

by  r e g u l a t i on  ( E E C)  No  3 5 7 2 / 90 

(OJ  No L  3 5 3.  1 7 . 1 2 . 1 9 9 0.  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  3 3 4. 2 4 . 1 2 . 1 9 7 7.  p.  3 7. o«  l a st  amended 

by  d i r e c t i ve 
(OJ  NO L  2 1 2 , - 2 2 . 7 . 1 9 8 9,  p. 101) 

8 9 / 4 3 8 / E EC 

- 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 
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 ; 

in  order  to  ensure  that 

Whereas,  therefore,  the  rules  for  admission  to  the 
occupation  of  road  transport operator  should  cover  the 
good  repute, 
standing  and  professional 
competence  of  operators ; 

financial 

Whereas,  however,  it  is  not  necessary  jo  include  in 
these  common  rules  certain  kinds  of  transport  which 
are  of  limited  economic  importance ; 

74/561/EEC 

74/561/EEC 

74/561/EEC 

Whereas _ si nee 

3. 

8 9 / 4 3 8 / E EC 

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 
the 
pursue  the  occupation  and  on  compliance  with 
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; 

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; 

77/796/EEC 

89/438/EEC 

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* 

74/561/EEC 

the  Uember  States  concerning 

Whereas  t h is  Directive  nust  not  affect  the  obligations 
of 
for 
implementation  or  application  of  the  Directives  set 
out  in  Annex  I I,  part  B, 

the  deadlines 

HAS  ADOPTED  THIS  DIRECTIVE 

74/561/EEC 

74/562/EEC 

89/438/EEC 

- 8-

TITU"  I 

Admission  to  the  occupation  of  road  transport  operator 

Ankle 

I 

I.  Admission  to  the  occupation  of  road  haulage 
operator 

road  passenger  transport  operator 

0r 

— shall  be  governed  by  the  provisions  adopted 
the 

in  accordance  with 

the  Member  States 

by 
common  rules  contained  in  this  Directive. 

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. 

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 
legal 
association  or  group  of  persons  without 
personality,  whether  profit-making  or  not,  or  any 
official  body,  whether  having 
legal 
personality  or  being dependent  upon  an  authority 
having  such  personality. 

its  own 

- 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 
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. 

tonnes 

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 
national  transport  operations  having  only  a  minor 
impact  on  the  transport  market  because  of : 

fyç'usivHy 

—  the  nature  of  the  goods  carried, or 
—  the  short  distance  involved. 

74/561/EEC 
__J5fl9/438/EEC 

_789/438/EEC 

In the event of unforeseen circumstances, Member 
States may grant  a temporary exemption  pending 
completion  of 
the 
Commission. 

the  consultations  with 

the 
3.  Member  States  may,  after  consulting 
Commission,  exempt  from  the  application  of  all  or 
some  of  the  provisions  of  this  Directive 

.undertakings, engaged  exclusively  in  road 
passenger 
for  non-commercial 
transport  services 
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. 

89/438/EEC 

74/562/EEC 

->89/438/EEC 

74/S61/EEC 

-5 89/438/EEC 

89/438/EEC 

- 1 0-

to 
1. 
engage  in  the  occupation  of  roadtransportoperator 
shall : 

tUndertakings .  wishing 

(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. 

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) 
good-repute  requirement 
unsatisfied  until rehabilitation  or  any  other  measure 
having an  equivalent effect has taken place, pursuant to 
the existing  relevant  national  provisions. 

shall  remain 

,  the 

-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 

of 

accounts 
funds 

annual 
if  any; 

financial 
standing, the competent  authority  shall  have 
the 
regard 
to: 
undertaking, 
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  s e a t, 

as  appropriate,^ 

undertaking,  whichever  is the  lower. 

of  the vehicles  used  by  the 

Member  States  may  derogate  from  the  first 
subparagraph 
transport 
undertakings  which  pursue  their  activities 
exclusively  on  the  national  market. 

the  case  of 

in 

(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. 
or 
assurance may be given in the form of  a bank 
guarantee or by any other similar  means. 

confirmation 

Such 

(e)  Points  (b),  (c)  and  (d)  shall  apply  only  to 
undertakings  authorized  in  a  Member  State, 
as  from  1  January  1990,  under  national 
r u l e s, 
road transport operator: 

-  to  c ngagc  i"  t nc  activities  of 

to 

The 

relating 

condition 

professional 
4 
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 
apphcant  road 
least  five  years*  praaical  experience  in  a  transport 
undertaking  at  management  level. 

from  L

c x a m , n a.t l°" 

transport operators  who  provide  proof  of  at 

f 

-  12  -

Member  States  may  exempt  the  holders  of  certain 
technical  diplomas  which 
advanced  diplomas  or 
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. 

A certificate  issued by the authority or body  referred  to 
in the first subparagraph  must  be produced  as proof  of 
professional  competence. 

89/438/EEC 

-  13 

Article  4 

Member  States  shall  determine 

the  circum 

Ï 

74/561/EEC 

t r a n s p o rt 

undertaking  may, 

stances  in  which  a 
notwithstanding 
A r t i c le  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  t r a n s p o rt  o p e r a t or  or  of 
the  natural  person  who  satisfies 
Article  3  (1)  (a)  and  (c). 

the  provisions  of 

in 

However, 

authorities 

the  competent 

the 
Member  States  may,  by  way  of  exception  and 
in 
certain  special  cases,  definitively  authorize  a  person 
the  condition  of  professional  compe 
not  fulfilling 
tence  referred 
the 
to  in  Article  3  (I)  (c)  to  operate 
transport  undertaking  provided 
such  person 
possesses  at  least^three  years'  practical  experience  in 
the  day-to-day  management  of  the  undertaking. 

that 

14  -

Article  5 

!.. 
proof  that,  before  1  January  l978vthey  were  autho 
rized  under  national 
in  a  Member  State  to 
r u l es 
engage  in  the  occupation  either  of  road  haulage  or 

Undertakings 

furnishing 

road  passenger  transport  opeator,  as  a p p r o p r i a t e, 

in 

national  and/or  international  road  transport  operations 
furnish 
shall  be  exempt 
proof 
in 
Article  3. 

that  they  satisfy  the  provisions 

to 
laid  down 

the  requirement 

from 

74/561/EEC 

89/438/EEC 

(adapted) 

2. 
However,  those  natural  persons  who,  after  31 
December  1974  and  before  1  January  1 9 7$  were  : 

—  authorized  to  engage  in  the  occupation  e i t h er 
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). 

(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 
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- 
tive  are  able  to  defend  their  interests  by  appropriate 
means. 

~ 

74/561/EEC 

J  ^  89/438/EEC 

- 1 6-

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 

A r t i c l e 5a 

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 
t  accept  as 
tô the  occupation  cf  road  transport  operator 

Article 3 

77/796/EEC 

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. 

TD" OJ No 2, 15.1.1962, p. 36/62. 

- 1 8-

Article  4 

77/796/EEC 

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. 

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. 

A r t i c le  5  (0 
D i r.  77/796/EEC 
89/438/EEC 

Article 5 (2) 
Dir,  77/796/EEC 

Article 4 
89/438/EEC 

- 1 9-

Arti cle  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. 

-rj-i 

undertakings 

2.  With  regard  to 
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 

v 

In the case of 
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. 

3.  The  certificates  issued  to  road  transport  operators 

before  1  January  1990 as  proof  of  their  professional  competence 
the  provisions 

pursuant  to 
in  force  until  that  date  shall  be deemed  equivalent  to the 
certificates issued pursuant to the provisions  of 
t n»s 
Directive. 

~ 

(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) 

A r t i c le  1  (2) 
77/796/EEC 

-  21  -

A r t i c le  12 

Shall 

also  ;ipply 

A r t i c l es  8  to  11  v 
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 

(1)  OJ  No  L257,  19.10.1968,  p.  2. 

-  22  -

Article  13 

1.  Member  States  shall  take  the  measures  necessary  to 
thisDircctivc.no 
of 

comply  with the  Provisions 

later  than 
l i s t ed 
after  consulting  the  Commission. 

the  dates 

in  Annex  H,  part  B 

Article  5 

89/438/EEC 

( a d a p t e d) 

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. 

the 

- 2 3-

Article 14 

The  Directives  listed  in Annex  II, part A  are hereby 
repealed,  without  prejudice  to the obligations  of  the 
Member 

the  time-limits  for 

regarding 

States 

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 

B r u s s e l s, 

For  the  Council 

The  President 

- 2 4-

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.  L AW 

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 ; 

—  r u l es 

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,-

— 

relevant 

the 
concepts  with  reference 
maintenance  of  motor  vehicles. 

environmental 

to 

protection 
the  use  and 

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 

- 2 5-

3. 

Road  passenger  transport  operator 

74/562/fEC 

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. 

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  e i t h er 

to  the  transport  of  goods  or  of  p a s s e n g e rs  by 

road,  as  a p p r o p r i a t e,  between  Member  S t a t es  and  between  the  _ _ _ _ _ __ 
Community  and  non-member  countries,  arising  out  of  national  laws.  Community  standards, 
international  conventions  and  agreements ; 

—  customs  p r a c t i c es  and  other  f o r m a l i t i es  r e l a t ed  to 
—  main  traffic  regulations  in  the  Member  Stales. 

t r a n s p o rt  c o n t r o l s; 

] 
1 

6 9 / t 3 8 / E EC 

74/5Ô2/EEC 

]  89/438/EEC 

74/562/EEC 

1 

74/551/EEC 

- 2 6-

A N N EX  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 

- 2 7-

PART  B 

Directive 

Deadline -for inpiementation or .application 

74/561/EEC  (OJ  No L 308, 

19.11.1974, p. 18) 

80/1178/EEC  (OJ NO L 350, 
85/578/EEC  (OJ No L 372, 
89/438/EEC  (OJ  No L 212. 

23.12.1980, p. 41) 
31.12.1985, p. 34) 
22.07.1989, p.101) 

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) 

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 

77/796/EEC  (OJ  No L 334, 

24.12.1977, p. 37 

1 January  1979 

80/1180/EEC  (OJ  No L 350, 
89/438/EEC  (OJ  No L 212, 

23.12.1980, p. 43 
22.07.1989, p.101) 

1 January  1981 
1 January  1990 

- 2 8-

A N N EX 

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 (1) 

Article  1 (2) 2nd  indent 
Article 2  (1), (2) 

Article  1 (2) 1st  indent 
Article  1 (2) 2nd  indent 

Article 3 
Article 4 
Article 5 
Article 6 
Article 6a 
Article 7 

(3) 

Article 1 
Article 2 
Article 3 
Article 4 
Article 5 
Article 5a 
Article 6 

(1) 
(2) 1st  indent 
(2) 2nd  indent 
(2) 3rd  indent 
(1),  (2) 
(3) 

Art ic 
Art ic 
Art ic 
Art ic 
Art ic 
Art ic 
Art ic 
Artie 
Art ic 
Art ic 
Art ic 

e 1 
e 1 
e 1 
e 1 
e 
e 
e 
e 
e 
e 
e 

Art.  1  (1) 
Art. 3 
Art.  4 
Art. 5  (1) 
Art. 5  (2) 

Art. 6 
Art.  1 (2) 

Art icle 4 

Article  5 

Article 8 
Annex  point A.1 
Annex  point  A.2,  3, 4, 5 

Article 7 
Annex  point A.1 

Annex  point  B 

Annex  point  A.2,  3, 4, 5 
Annex  point  B 

(1) 
(2) 
(3) 

Artie 
Art ic 
Artie 
Art ic 
Art ic 
Artie 
Artie 
Artie 
Art ic 
Artie 
Artie 
Annex 
Annex 
Annex 
Annex 
Annex 
Annex 
Annex 

(1) 
(2) 

e  8 
e  8 
9 
10 
10 
10 
11 
12 
13 
14 
15 
point 
point 
point 
point 
I Part 
I Part 
II 

a) 
a) 

b ), 
b ), 

O, 
O, 

d) 
d) 

A.1 
A.2 
A.3 
B 
A 
B 

- 2 9-

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 

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