COMMON POSITION (EC) No 25/98 adopted by the Council on 17 March 1998 with a view to adopting Council Directive 98/.../EC of ... amending Directive 96/26/EC 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
Date: 1998-03-17
Institutions: Council of the European Union
Subjects: carriage of goods, carriage of passengers, carrier, recognition of diplomas, right of establishment, road transport

C 161/12

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27.5.98

COMMON  POSITION  (EC)  No  25/98

adopted  by  the  Council  on  17  March  1998

with  a  view  to  adopting  Council  Directive  98/. . ./EC  of  . . .  amending  Directive  96/26/EC  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

(98/C 161/02)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  75(1)  thereof,

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty (3),

(1) Whereas 

the 

between 

differences 

national
regulations on admission to the occupation of road
transport  operator  and  the  mutual  recognition  of
diplomas,  certificates  and  other  evidence  of  formal
qualifications 
to  distortions  of
lead 
competition;

could 

(2) Whereas  it  is  therefore  necessary  to  continue  the
process  of  harmonisation  in  this  area,  within  the
operational  framework  of  the  internal  market,  by
further  strengthening  the  common  rules  provided
for  in  Directive  96/26/EC (4);

(3) Whereas it is necessary, because of developments in
the  road  haulage  market  and  the  operational
requirements  of  the  internal  market,  to  extend  the
scope  of  Directive  96/26/EC  to  certain  categories
of  road  haulage  operators  for  hire  or  reward  using

(1) OJ  C  95,  24.3.1997,  p.  66  and  OJ  C  324,  25.10.1997,

p.  6.

(2) OJ  C  287,  22.9.1997,  p.  21.
(3) Opinion  of  the  European  Parliament  of  17  July  1997  (OJ
C  286,  22.9.1997,  p.  224),  Council  common  position  of
17  March  1998  and  European  Parliament  Decision  of  . . .
(not  yet  published  in  the  Official  Journal).

(4) OJ  L  124,  23.5.1996,  p.  1.

low-tonnage  vehicles,  such  as  courier  services,
subject  to  a  specific  derogation  for  road  haulage
undertakings  engaged 
short-distance
transport  operations  and  using  vehicles  of  a
maximum  authorised  weight  of  between  3,5  and
6  tonnes;

local 

in 

(4) Whereas  with  regard  to  good  repute,  provision
should  be  made  for  more  stringent  requirements,
including requirements concerning the protection of
the  environment  and  professional  liability;

(5) Whereas  with  regard  to  financial  standing,  it  is
necessary,  in  order  to  avoid  imbalances  in  the
market,  to  fix  appropriate  available  capital  and
reserves  at  a  higher  minimum  level  and  to  fix  the
value  of  the  ecu  in  national  currencies  every  five
years;

(6) Whereas, with regard to professional competence, it
is necessary that applicant road transport operators
provide  proof  of  a  harmonised  minimum  level
of  training  in  the  same  subjects  and  that  they
hold  certificates,  drawn  up  in  accordance  with
a 
certifying  professional
competence,  in  the  commercial  field  in  particular,
at a harmonised minimum level and on the basis of
uniform  testing  methods  in  all  the  Member  States;
whereas  it  is  also  necessary,  for  this  purpose,  to
harmonise certain aspects of the organisation of the
examination;

comparable  model, 

(7) Whereas 

certain  Member 

States 
courses  of  preparation 

organise
the
compulsory 
for 
for
examinations  of  professional  competence 
applicants 
their
territories;

resident  within 

normally 

into  consideration 

(8) Whereas,  therefore,  the  levels  of  knowledge  to  be
issue  of  a
taken 
certificate  of  professional  competence,  without
prejudice  to  Directive  92/26/EC,  differ  from  one
Member State to another; whereas, because of these

the 

for 

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C 161/13

differences,  national  measures  are  therefore  likely
to  vary  considerably  within  the  framework  defined
in  Annex  I  to  the  said  Directive,  particularly  as
regards  the  qualifications  of  transport  operators,
the  quality  of  service  and  road  safety;

a 

(9) Whereas  it  should  be  accepted  that,  for  a  limited
period  and  after  consulting 
the  Commission,
Member  States  may  require  persons  who  have
certificate  of
never  previously  obtained 
professional  competence  in  a  Member  State,  but
who  have  passed  an  examination  of  professional
competence  in  one  Member  State  when  they  were
normally  resident  in  another  Member  State  where
they  intend  to  take  up  the  occupation  of  road
transport  operator  for  the  first  time,  to  sit  an
additional  examination;  whereas  such  additional
examination  must  cover  areas  in  which  national
aspects  of  the  profession  differ  from  those  of  the
Member  State  where  they  passed  the  examination,
in  particular  the  specific  national  commercial,
social, fiscal and technical aspects or aspects linked
to  the  organisation  of  the  market  and  to  company
law;

— the  following  indent  shall  be  added:

‘— “normal  residence”  shall  mean  the  place
where  a  person  usually  lives,  that  is  for  at
least 185 days in each calendar year, because
of  personal  and  occupational  ties,  or,  in  the
case  of  a  person  with  no  occupational  ties,
because  of  personal  ties  which  show  close
links  between  that  person  and  the  place
where  he  is  living.

However,  the  normal  residence  of  a  person
whose  occupational  ties  are  in  a  different
place  from  his  personal  ties  and  who
consequently  lives  in  turn  in  different  places
situated in two or more Member States shall
be  regarded  as  being  the  place  of  his
personal  ties,  provided  that  such  person
returns  there  regularly.  This  last  condition
shall  not  be  required  where  the  person  is
living  in  a  Member  State  in  order  to  carry
out a task of a definite duration. Attendance
at  a  university  or  school  shall  not  imply
transfer  of  normal  residence.’;

(10) Whereas  it  is  necessary  to  introduce  transitional
implementation  of  Directive

measures  for  the 
96/26/EC  in  Austria,  Finland  and  Sweden;

2.

in  Article  2:

— paragraph  1  shall  be  replaced  by  the  following:

(11) Whereas 

it 

is  necessary  to  check  periodically
whether  authorised  transport  operators  still  fulfil
the  requirements  of  good  repute,  financial  standing
and  professional  competence;

(12) Whereas  it  is  necessary  for  Member  States  to
impose  effective,  proportionate  and  dissuasive
penalties in the interests of the smooth operation of
the  internal  market,

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Directive  96/26/EC  is  hereby  amended  as  follows:

apply 

shall  not 

This  Directive 

‘1.
to
undertakings  engaged  in  the  occupation  of  road
haulage  operator  by  means  of  motor  vehicles  or
combinations 
the  maximum
authorised  weight  of  which  does  not  exceed  3,5
tonnes. Member States may, however, lower this
limit  for  all  or  some  categories  of  transport
operations.’,

vehicles 

of 

— the  present  text  of  paragraph  2  shall  become
paragraph  2(a)  and  the  following  subparagraph
shall  be  inserted:

‘(b)

In  the  case  of  undertakings  engaged  in  the
occupation  of  road  haulage  operator  using
vehicles  the  maximum  authorised  weights
of  which  are  between  3,5  and  6  tonnes  the
Member  States  may,  after  informing  the
Commission,  exempt  from  the  application
of  all  or  part  of  this  Directive  undertakings
engaged  exclusively  in  local  transport  and
having  only  a  minor 
the
transport  market  because  of  the  short
distances involved.’;

impact  on 

1.

in  Article  1(2),

3.

in  Article  3:

— the 

first 
following:

indent  shall  be  replaced  by 

the

— paragraph  2(c) 

shall  be 

replaced  by 

the

following:

‘— “the  occupation  of  road  haulage  operator”
shall  mean  the  activity  of  any  undertaking
transporting  goods  for  hire  or  reward  by
means  of  either  a  motor  vehicle  or  a
combination  of  vehicles,’;

‘(c) have  been  convicted  of  serious  offences
against  the  rules  in  force  concerning:

— the  pay  and  employment  conditions  in

the  profession,  or

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27.5.98

— 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,  the  protection  of  the
environment 
rules
the  other 
and 
concerning professional liability.’,

— paragraph  3(c) 

shall  be 

replaced  by 

the

following:

‘(c) The undertaking must have available capital
and  reserves  of  at  least  ECU  9 000  when
only  one  vehicle  is  used  and  at  least  ECU
5 000  for  each  additional  vehicle.

For the purposes of this Directive, the value
of  the  ecu  in  national  currencies  shall  be
fixed  every  five  years.  The  rates  to  be
applied  shall  be  those  obtained  on  the  first
working  day  of  October  and  published  in
the  Official  Journal  of 
the  European
Communities.  They  shall  have  effect  from
1  January  of  the  following  calendar  year.’,

— paragraph  3(d) 

shall  be 

replaced  by 

the

following:

‘(d) For  the  purposes  of  subparagraphs  (a),  (b)
and (c) the competent authority may accept
or 
the
require,  by  way  of  proof, 
confirmation  or  assurance  provided  by  a
bank or other properly qualified institution.
Such  confirmation  or  assurance  may  be
given  by  a  bank  guarantee,  possibly  in  the
form  of  a  pledge  or  security,  or  by  any
other  similar  means.’,

— paragraph  4  shall  be  replaced  by  the  following:

in 

consist 

‘4. (a) The  condition  relating  to  professional
competence 
the
shall 
possession  of  knowledge  corresponding
to  the  level  of  training  provided  for  in
Annex  I  in  the  subjects  listed  therein.  It
shall  be  established  by  means  of  a
compulsory  written  examination  which
may  be 
supplemented  by  an  oral
examination  organised  in  the  form  set
out  in  Annex  I  by  the  authority  or  body
designated  for  that  purpose  by  the
Member  State.

experience  in  a  transport  undertaking
at  management 
level,  provided  such
applicants  sit  a  test,  the  arrangements
for  which  shall  be  determined  by  the
Member  States 
in  accordance  with
Annex  I.

certain 

(c) Member  States  may  exempt  the  holders
of 
advanced  diplomas  or
technical  diplomas,  which  provide  proof
of  a  sound  knowledge  of  the  subjects
listed  in  Annex  I  to  be  defined  by  them,
from  sitting  an  examination 
in  the
subjects  covered  by  the  diplomas.

(d) A  certificate  issued  by  the  authority  or
body referred to in (a) shall be produced
as  proof  of  professional  competence.
This  certificate  shall  be  drawn  up  in
accordance  with  the  form  of  certificate
set  out  in  Annex  Ia.

(e) With  regard  to  applicants  intending  to
perform  the  effective  and  continuous
management  of  undertakings  engaging
solely  in  national  transport  operations,
that
Member  States  may 
stipulate 
taken 
to  be 
the  knowledge 
into
consideration 
to  establish
in  order 
professional competence shall cover only
subjects relating to national transport. In
that  case,  the  certificate  of  professional
competence,  a  model  of  which 
is
contained 
in  Annex  Ia  hereto,  shall
state  that  the  holder  is  qualified  to
perform  the  effective  and  continuous
management  of  undertakings  engaging
in  transport  operations  within
solely 
the  Member  State 
the
certificate.

issued 

that 

(f) After  consulting 

the  Commission  a
Member  State  may  require  that  any
natural  person  who  holds  a  certificate
of  professional  competence  issued  by  a
competent  authority  in  another  Member
State  after  . . . (*)  when  that  person  was
normally  resident  in  the  first  Member
State  sit  an  additional  examination
organised  by  the  authority  or  body
designated  for  that  purpose  by  the
first  Member  State.  The  additional
examination  shall  cover  the  specific
knowledge 
the  national
relating 
the  occupation  of  road
aspects  of 
haulage  operator  in  the  first  Member
State.

to 

(b) Member  States  may 

from
examination  applicants  who  provide
proof  of  at  least  five  years’  practical

exempt 

(*) One  year  after  the  date  of  entry 

into  force  of  this

Directive.

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This  point  shall  apply  for  a  period  of
three  years  from  . . . (*).  That  period
may be extended for a further maximum
period  of  five  years  by  the  Council
acting  on 
the
a  proposal 
Commission  according  to  the  rules  of
the Treaty. It shall apply only to natural
persons  who,  when  they  obtained  the
certificate  of  professional  competence
under  the  conditions  referred  to  in  the
first  subparagraph,  had  not  yet  obtained
the  said  certificate  in  a  Member  State.’;

from 

4.

in  Article  5:

— in  paragraph  1  the  following  indent  shall  be

added:

5.

in  Article  6(1)  the  following  subparagraph  shall  be
added:

‘Member  States  shall  ensure  that  the  competent
authorities  check  regularly  and  at  least  every  five
years  that  undertakings  still  fulfil  the  requirements
of  good  repute,  financial  standing  and  professional
competence.’;

6.

in  Article  7:

— the  beginning  of  paragraph  1  shall  be  replaced
by  ‘1.  Where  offences  against  the  rules  . . .’,

— the existing paragraph 2 shall be deleted and the
shall  become  new

existing  paragraph  3 
paragraph  2;

‘— 1  January  1995  for  Austria,  Finland  and

Sweden.’,

7.

in  Article  8:

— in paragraph 2, first subparagraph, the following
indent
shall  be  added  after 

the 
indent 
commencing  ‘—  after  2  October  1989’:

‘— after  31  December  1994  and  before
31  December  1996  for  Austria,  Finland  and
Sweden,’,

— in  paragraph  2  following  indent  shall  be  added
at  the  end  of  the  first  subparagraph  after  the
indent  commencing  ‘—  1  July  1992’:

‘— 1  January  1997  for  Austria,  Finland  and

Sweden,’,

— in  paragraph  2  the  words  ‘or  of  no  previous

bankruptcy’  shall  be  deleted,

— in  paragraph  4  the 

last  sentence  shall  be

deleted;

8.

9.

in  Article  10(3)  the  date  of  1  January  1990  shall  be
replaced  by  the  date  laid  down  in  Article  2(1),  first
subparagraph,  of  this  Directive;

following  Articles  shall  be 

the 
Article 10:

inserted  after

— the  following  paragraph  shall  be  added:

‘Article  10a

in 

‘3. (a) All  undertakings  that  are  authorised  to
engage 
the  occupation  of  road
transport operator before . . . (*) shall, as
regards the fleets of vehicles they operate
on  that  date,  comply  with  Article  3(3)
no  later  than  . . . (**).

Member States shall provide for systems of penalties
for infringements of the national provisions adopted
in  accordance  with  this  Directive  and  shall  take  all
the measures necessary to ensure that those penalties
are applied. The penalties thus provided for shall be
effective,  proportionate  and  dissuasive.

Such  undertakings  shall,  however,  fulfil
the conditions imposed in Article 3(3) as
regards any additions to their fleets after
. . . (*).

(b) Undertakings  engaged  in  the  occupation
of  road  haulage  operator  before  . . . (*)
by  means  of  vehicles  for  which  the
maximum 
are
between  3,5  and  6  tonnes  shall  comply
with 
in
imposed 
conditions 
Article  3(3)  no  later  than  . . . (**).’;

authorised  weights 

the 

(*) Deadline  for  the  implementation  of  this  Directive  laid

down  in  Article  2(1).

Article  10b

of 

proof 

. . . (*)  Member  States  shall  recognise  as
After 
competence
sufficient 
certificates complying with the form of certificate set
out in Annex Ia and issued by the authority or body
designated  for  that  purpose  by  each  other  Member
State.’;

professional 

10. Annex  I  shall  be  replaced  by  Annex  I  to  this
Directive and Annex Ia as set out in Annex II to this
Directive  shall  be  added.

(**) Two  years  after  the  deadline  for  the  application  of  this

(*) One  year  after  the  date  of  entry 

into  force  of  this

Directive.

Directive.

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Article  2

Article  3

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  no  later  than  . . . (*).  They
shall  forthwith  inform  the  Commission  thereof.

When  the  Member  States  adopt  these  measures,  they
shall  contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such
reference  shall  be  laid  down  by  the  Member  States.

The  Member  States  shall  communicate  to  the
2.
Commission  the  text  of  the  main  provisions  of  national
law  which  they  adopt  in  the  field  governed  by  this
Directive.

This  Directive  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

Article  4

This  Directive  is  addressed  to  the  Member  States.

Done  at  Brussels,  . . .

For  the  Council

The  President

(*) One  year  after  the  date  of  entry 

into  force  of  this

Directive.

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ANNEX  I

‘ANNEX  I

I. LIST  OF  SUBJECTS  REFERRED  TO  IN  ARTICLE  3(4)

The knowledge to be taken into consideration for the official recognition of professional competence by the
Member States must cover at least the subjects listed below for road haulage and road passenger transport
respectively.  In  relation  to  these  subjects,  applicant  road  haulage  and  road  passenger  transport  operators
must  have  the  levels  of  knowledge  and  practical  aptitude  necessary  for  the  management  of  a  transport
undertaking.

The  minimum  level  of  knowledge,  as  indicated  below,  may  not  be  below  level  3  of  the  training-level
structure laid down in the Annex to Decision 85/368/EEC (1), that is the level achieved in training acquired
in  the  course  of  compulsory  education  supplemented  either  by  vocational  training  and  supplementary
technical  training  or  by  secondary-level  school  technical  training.

A. Civil law

Road  haulage  and  passenger  transport

The  applicant  must,  in  particular:

1. be  familiar  with  the  main  types  of  contract  used  in  road  transport  and  with  the  rights  and

obligations  arising  therefrom;

2. be  capable  of  negotiating  a  legally  valid  transport  contract,  notably  with  regard  to  conditions  of

carriage;

Road  haulage

3. be able to consider a claim by his principal regarding compensation for loss of or damage to goods
during  transportation  or  for  their  late  delivery,  and  to  understand  how  such  a  claim  affects  his
contractual liability;

4. be familiar with the rules and obligations arising from the CMR Convention on the contract for the

international  carriage  of  goods  by  road;

Road  passenger  transport

5. be  able  to  consider  a  claim  by  his  principal  regarding  compensation  for  injury  to  passengers  or
damage  to  their  baggage  caused  by  an  accident  during  transportation,  or  regarding  compensation
for  delays,  and  to  understand  how  such  a  claim  affects  his  contractual  liability.

B. Commercial  law

Road  haulage  and  passenger  transport

The  applicant  must,  in  particular:

1. be  familiar  with  the  conditions  and  formalities  laid  down  for  plying  the  trade,  the  general
obligations  incumbent  upon  transport  operators  (registration,  keeping  records,  etc.)  and  the
consequences  of  bankruptcy;

2. have  appropriate  knowledge  of  the  various  forms  of  commercial  company  and  the  rules  governing

their  constitution  and  operation.

(1) Council  Decision  85/368/EEC  of  16  July  1985  on  the  comparability  of  vocational  training  qualifications  between  the

Member  States  of  the  European  Community  (OJ  L  199,  31.7.1985,  p.  56).

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C. Social law

Road  haulage  and  passenger  transport

The  applicant  must,  in  particular:

1. be  familiar  with  the  role  and  function  of  the  various  social  institutions  which  are  concerned  with

road  transport  (trade  unions,  works  councils,  shop  stewards,  labour  inspectors,  etc.);

2. be  familiar  with  the  employers’  social  security  obligations;

3. be  familiar  with  the  rules  governing  work  contracts  for  the  various  categories  of  worker  employed
by road transport undertakings (form of the contracts, obligations of the parties, working conditions
and  working  hours,  paid  leave,  remuneration,  breach  of  contract,  etc.);

4. be  familiar  with  the  provisions  of  Regulation  (EEC)  No  3820/85 (1)  and  Regulation  (EEC)

No  3821/85 (2)  and  the  practical  arrangements  for  implementing  these  Regulations.

D. Fiscal law

Road  haulage  and  passenger  transport

The  applicant  must,  in  particular,  be  familiar  with  the  rules  governing:

1. VAT  on  transport  services;

2. motor-vehicle  tax;

3.

the  taxes  on  certain  road  haulage  vehicles  and  tolls  and  infrastructure  user  charges;

4.

income  tax.

E. Business  and  financial  management  of  the  undertaking

Road  haulage  and  passenger  transport

The  applicant  must,  in  particular:

1. be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory

notes,  credit  cards  and  other  means  or  methods  of  payment;

2. be  familiar  with  the  various  forms  of  credit  (bank  credit,  documentary  credit,  guarantee  deposits,
mortgages,  leasing,  renting,  factoring,  etc.)  and  with  the  charges  and  obligations  arising  from
them;

3. know  what  a  balance  sheet  is,  how  it  is  set  out  and  how  to  interpret  it;

4. be  able  to  read  and  interpret  a  profit  and  loss  account;

5. be able to assess the undertaking’s profitability and financial position, in particular on the basis of

financial ratios;

6. be  able  to  prepare  a  budget;

7. be  familiar  with  his  undertaking’s  cost  elements  (fixed  costs,  variable  costs,  working  capital,
depreciation,  etc.),  and  be  able  to  calculate  costs  per  vehicle,  per  kilometre,  per  journey  or  per
tonne;

8. be able to draw up an organisation chart relating to the undertaking’s personnel as a whole and to

organise  work  plans,  etc.;

9. be  familiar  with  the  principles  of  marketing,  publicity  and  public  relations,  including  transport

services  sales  promotion  and  the  preparation  of  customer  files,  etc.;

(1) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating

to  road  transport  (OJ  L  370,  31.12.1985,  p.  1).

(2) Council  Regulation  (EEC)  No  3821/85  of  20  December  1985  on  recording  equipment  in  road  transport  (OJ  L  370,
31.12.1985,  p.  8).  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No  1056/97  (OJ  L  154,  12.6.1997,
p.  21).

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10. be  familiar  with  the  different  types  of  insurance  relating  to  road  transport  (liability,  accidental
injury/life  insurance,  non-life  and  luggage  insurance)  and  with  the  guarantees  and  obligations
arising  therefrom;

11. be  familiar  with  the  applications  of  electronic  data  transmission  in  road  transport;

Road  haulage

12. be able to apply the rules governing the invoicing of road haulage services and know the meaning

and  implications  of  Incoterms;

13. be  familiar  with  the  different  categories  of  transport  auxiliaries,  their  role,  their  functions  and,

where  appropriate,  their  status;

Road  passenger  transport

14. be  able  to  apply  the  rules  governing  fares  and  pricing  in  public  and  private  passenger  transport;

15. be  able  to  apply  the  rules  governing  the  invoicing  of  road  passenger  transport  services.

F. Access  to  the  market

Road  haulage  and  passenger  transport

The  applicant  must,  in  particular:

1. be familiar with the occupational regulations governing road transport for hire or reward, industrial
vehicle  rental  and  sub-contracting,  and  in  particular  the  rules  governing  the  official  organisation  of
the  occupation,  admission  to  the  occupation,  authorisations  for  intra-  and  extra-Community  road
transport  operations,  inspections  and  sanctions;

2. be  familiar  with  the  rules  for  setting  up  a  road  transport  undertaking;

3. be familiar with the various documents required for operating road transport services and be able to
introduce checking procedures for ensuring that the approved documents relating to each transport
operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept
both  in  the  vehicle  and  on  the  premises  of  the  undertaking;

Road  haulage

4. be  familiar  with  the  rules  on  the  organisation  of  the  market  in  road  haulage  services,  on  freight

handling  and  logistics;

5. be  familiar  with  frontier  formalities,  the  role  and  scope  of  T  documents  and  TIR  carnets,  and  the

obligations  and  responsibilities  arising  from  their  use;

Road  passenger  transport

6. be  familiar  with  the  rules  on  the  organisation  of  the  market  in  road  passenger  transport;

7. be familiar with the rules for introducing road passenger transport services and be able to draw up

transport  plans.

G. Technical  standards  and  aspects  of  operation

Road  haulage  and  passenger  transport

The  applicant  must,  in  particular:

1. be familiar with the rules concerning the weights and dimensions of vehicles in the Member States
and the procedures to be followed in the case of abnormal loads which constitute an exception to
these  rules;

2. be  able  to  choose  vehicles  and  their  components  (chassis,  engine,  transmission  system,  braking

system,  etc.)  in  accordance  with  the  needs  of  the  undertaking;

3. be  familiar  with  the  formalities  relating  to  the  type  approval,  registration  and  technical  inspection

of  these  vehicles;

4. understand  what  measures  must  be  taken  to  reduce  noise  and  to  combat  air  pollution  by  motor

vehicle  exhaust  emissions;

5. be  able  to  draw  up  periodic  maintenance  plans  for  the  vehicles  and  their  equipment;

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Road  haulage

6. be  familiar  with  the  different  types  of  cargo-handling  and  loading  devices  (tailboards,  containers,
pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading
goods  (load  distribution,  stacking,  stowing,  blocking  and  chocking,  etc.);

7. be  familiar  with  the  various  techniques  of  ‘piggy-back’  and  roll-on  roll-off  combined  transport;

8. be able to implement procedures for complying with the rules on the carriage of dangerous goods
and waste, notably those arising from Directive 94/55/EC (1), Directive 96/35/EC (2) and Regulation
(EEC)  No  259/93 (3);

9. be  able  to  implement  procedures  for  complying  with  the  rules  on  the  carriage  of  perishable
foodstuffs,  notably  those  arising  from  the  Agreement  on  the  international  carriage  of  perishable
foodstuffs  and  on  the  special  equipment  to  be  used  for  such  carriage  (ATP);

10. be  able  to  implement  procedures  for  complying  with  the  rules  on  the  transport  of  live  animals.

H. Road  safety

Road  haulage  and  passenger  transport

The  applicant  must,  in  particular:

1. know what qualifications are required for drivers (driving licence, medical certificates, certificates of

fitness,  etc.);

2. be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions
and  restrictions  in  force  in  different  Member  States  (speed  limits,  priorities,  waiting  and  parking
restrictions,  use  of  lights,  road  signs,  etc.);

3. be  able  to  draw  up  drivers’  instructions  for  checking  their  compliance  with  the  safety  requirements
concerning  the  condition  of  the  vehicles,  their  equipment  and  cargo,  and  concerning  preventive
measures  to  be  taken;

4. be  able  to  lay  down  procedures  to  be  followed  in  the  event  of  an  accident  and  to  implement

appropriate  procedures  for  preventing  the  recurrence  of  accidents  or  serious  traffic  offences;

Road  passenger  transport

5. have  elementary  knowledge  of  the  layout  of  the  road  network  in  the  Member  States.

II. ORGANISATION  OF  THE  EXAMINATION

1. Member  States  shall  organise  a  compulsory  written  examination  which  they  may  supplement  by  an
optional  oral  examination  to  establish  whether  applicant  road  transport  operators  have  achieved  the
required  level  of  knowledge  in  the  subjects  listed  in  Part  I,  in  particular,  their  capacity  to  use  the
instruments  and  techniques  relating  thereto  and  to  fulfil  the  corresponding  executive  and  coordination
duties.

(1) Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard
to  the  transport  of  dangerous  goods  by  road  (OJ  L  319,  12.12.1994,  p.  7).  Directive  as  last  amended  by  Commission
Directive  96/86/EC  (OJ  L  335,  24.12.1996,  p.  43).

(2) Council  Directive  96/35/EC  of  3  June  1996  on  the  appointment  and  vocational  qualification  of  safety  advisers  for  the

transport  of  dangerous  goods  by  road,  rail  and  inland  waterway  (OJ  L  145,  19.6.1996,  p.  10).

(3) Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within,
into  and  out  of  the  European  Community  (OJ  L  30,  6.12.1993,  p.  1).  Regulation  as  last  amended  by  Regulation  (EC)
No  120/97  (OJ  L  22,  24.1.1997,  p.  14).

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(a) The  compulsory  written  examination  shall  involve  two  tests,  namely:

— written  questions  consisting  of  either  multiple  choice  questions  (each  with  four  possible

answers),  questions  requiring  direct  answers  or  a  combination  of  both  systems,

— written  exercises / case  studies.

The  minimum  duration  of  each  test  is  two  hours.

(b) Where an oral examination is organised, Member States may stipulate that participation is subject to

successful  completion  of  the  written  examination.

2. Where  Member  States  also  organise  an  oral  examination,  they  must  provide,  in  respect  of  each  of  the
three  tests,  for  a  weighting  of  marks  of  a  minimum  of  25 %  and  a  maximum  of  40 %  of  the  total
number  of  marks  to  be  given.

Where Member States organise only a written examination they must provide, in respect of each test, for
a weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks to
be  given.

3. With  regard  to  all  the  tests,  applicants  must  obtain  an  average  of  at  least  60 %  of  the  total  number  of
marks to be given, achieving in any given test not less than 50 % of the total number of marks possible.
In  one  test  only,  a  Member  State  may  reduce  that  mark  from  50 %  to  40 %.’

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ANNEX  II

‘ANNEX  Ia

EUROPEAN  COMMUNITY

(Text  in  the  official  language(s)  or  one  of  the  official  languages  of  the  Member  State  issuing  the  certificate)

(Stout  fawn  paper  —  Format:  DIN  A4)

Distinctive  symbol  of  the  Member  State  concerned (1)

Designation  of  the  competent  authority  or  body (2)

CERTIFICATE  OF  PROFESSIONAL  COMPETENCE  IN  NATIONAL
[AND INTERNATIONAL] (3)  ROAD HAULAGE [PASSENGER TRANSPORT] (3)

No  . . .

We (2),  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

hereby  certify:

(a)

that (4)  . . . . . . . . . . . . . . . . . . . . .  born  in  . . . . . . . . . . . . . . . . . . . . .  on  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

has passed the tests of the examination (year:  . . . . . . . . . . . . . . . . . . . . .; session:  . . . . . . . . . . . . . . . . . . . . .) (5) organised for the award
of  the  certificate  of  professional  competence  in  national  [and  international] (3)  road  haulage  [passenger  transport] (3)  in
accordance  with (6)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

that  the  person  referred  to  in  (a)  is  qualified  to  work  in  a  professional  capacity  in  an  undertaking  responsible  for  road
haulage  [road  passenger  transport] (3):

— engaging  solely  in  national  transport (3),

— engaging  in  international  transport (3).

This certificate constitutes the sufficient proof of professional competence referred to in Article 10(1) of Council Directive
96/26/EC  of  29  April  1996  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.

Issued  at  . . . . . . . . . . . . . . . . . . . . .,  on  . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7)

(1) Distinctive  symbol  of  the  State:  (B)  Belgium,  (DK)  Denmark,  (D)  Germany,  (GR)  Greece,  (E)  Spain,  (F)  France,  (IRL)  Ireland,  (I)  Italy,

(L)  Luxembourg,  (NL)  Netherlands,  (A)  Austria,  (P)  Portugal,  (FIN)  Finland,  (S)  Sweden,  (UK)  United  Kingdom.

(2) Authority  or  body  designated  in  advance  for  this  purpose  by  each  Member  State  of  the  European  Community  to  issue  this  certificate.
(3) Delete  as  appropriate.
(4) Surname  and  forenames;  place  and  date  of  birth.
(5) Identification  of  the  examination.
(6) Reference  to  the  provisions  of  national  law  adopted  in  this  field  in  accordance  with  the  abovementioned  Directive.
(7) Signature  and  stamp  of  the  competent  authority  or  body  issuing  the  certificate.’

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

On 5 February 1997, the Commission submitted to the Council a proposal for a Directive,
based on Article 75(1) of the EC Treaty, amending Directive 96/26/EC 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 (1).  The  European  Parliament  delivered  its  opinion  on
17  July  1997 (2)  while  the  Economic  and  Social  Committee  delivered  its  on  28  May
1997 (3).

In  the  light  of  the  European  Parliament’s  opinion,  on  6  October  1997  the  Commission
submitted  an  amended  proposal  to  the  Council (4).

On  17  March  1998  the  Council  adopted  its  common  position  in  accordance  with
Article  189c  of  the  EC  Treaty.

II. AIM  OF  THE  PROPOSAL

The amended Commission proposal aims to continue, in the context of the operation of the
internal market, the process of harmonisation in the field of admission to the occupation of
road  transport  operator.

The  Commission  considers  that  the  extent  of  Community  harmonisation  achieved  is  no
longer  sufficient,  as  existing  differences  between  national  rules  may  result  in  distortion  of
competition  owing  to  the  development  of  the  road  transport  market,  in  particular  road
haulage,  and  the  establishment  of  freedom  to  provide  services  in  this  field.

It  will  be  recalled  that,  in  the  case  of  road  haulage,  freedom  to  provide  services  will  be
established  on  1  July  1998,  when  cabotage  without  quantitative  restrictions  will  become
possible.

The Commission therefore proposes strengthening the common rules laid down in Directive
96/26/EC.

III. ANALYSIS  OF  THE  COUNCIL’S  COMMON  POSITION

The  Council’s  common  position  provides  inter  alia  for  the  following  amendments  to
Directive 96/26/EC.

(a) As  regards  road  haulage,  the  common  position  enlarges  the  scope  of  the  Directive  in
force.  That  Directive  actually  applies  to  transport  operators  using  vehicles  whose
maximum authorised weight (MAW) exceeds 6 tonnes, while the common position also
covers  transport  operators  using  vehicles  whose  MAWs  exceed  3,5  tonnes.

The common position does, however, restrict the extension of the scope provided for
in the Commission proposal, which makes every road haulage operator subject to the
common  rules  regardless  of  the  weight  of  vehicle  used.

(1) OJ  C  95,  24.3.1997,  p.  66.
(2) OJ  C  286,  22.9.1997,  p.  224.
(3) OJ  C  287,  22.9.1997,  p.  21.
(4) OJ  C  324,  25.10.1997,  p.  6.

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(b) As  regards  the  requirement  of  good  repute,  the  common  position  provides  that  that
requirement shall not or shall no longer be fulfilled if an operator has been convicted of
serious  offences  against  certain  rules  governing  transport,  including  offences  against
rules  concerning  the  protection  of  the  environment  and  professional  liability.

Article  3(2)(c)  of  the  Directive  in  force  refers  to  convictions  for  ‘serious,  repeated
offences’.

The Commission proposal increases the number of cases in which the requirement of
good  repute  would  no  longer  be  fulfilled  to  include  ‘a  serious  criminal  offence  or
repeated  minor  offences’.

The  common  position  also  provides  that  Member  States  are  to  lay  down  systems  of
penalties  for  offences  against  Directive  96/26/EC  as  amended.

(c) As regards the requirement regarding financial standing, the common position provides,
as  the  Commission  proposed,  for  increases  in  the  figures,  but  no  longer  provides  for
different  figures  depending  on  the  weight  of  an  undertaking’s  haulage  vehicles  or  the
seating  capacity  of  its  passenger  vehicles.

(d) As  regards  professional  competence,  the  common  position  provides  for:

— a  more  detailed  examination  procedure,  updating  and  extension  of  the  list  of
examination  subjects  and  the  introduction  of  a  minimum  harmonised  level  of  the
knowledge  required  of  each  subject,

— the  maintenance  of  different  examinations  depending  on  whether  the  applicant

intends  to  operate  national  or  international  transport.

The  Commission  proposal,  on  the  other  hand,  provides  for  applicants  to  sit  the
same  examination  for  both  national  and  international  transport,

— permanent  exemption  from  the  examination  for  applicants  who  supply  proof  of  at
least five years’ practical experience as laid down in the Directive in force, provided
that  such  applicants  sit  a  test,  the  arrangements  for  which  are  determined  by  the
Member  States,  in  accordance  with  the  subjects  listed  in  Annex  I  to  the  Directive.

The  Commission  proposal,  on  the  other  hand,  provides  for  the  abolition  of  that
exemption,

— the  inclusion  in  Annex  Ia  to  the  Directive  of  a  form  of  Community  certificate  of

professional  competence,

— the  inclusion  in  the  Directive  of  a  provision,  which  was  not  contained  in  the
Commission’s  amended  proposal,  authorising  Member  States,  for  a  limited  period
and  having  first  consulted  the  Commission,  to  require  a  person  who  has  not
previously  obtained  a  certificate  of  professional  competence  in  a  Member  State  but
has  passed  the  examination  in  a  Member  State  when  he  was  normally  resident  in
another  Member  State  in  which  he  intended  to  exercise  the  profession  for  the  first
time  to  sit  an  additional  examination.

The additional examination is to cover the areas in which the national aspects of the
occupation  of  road  haulage  operator  differ  from  those  of  the  Member  State  in
which  such  persons  passed  the  examination.

(e) The common position also includes, as the Commission proposed, transitional measures
to  ensure  implementation  of  the  amended  Directive  in  the  three  new  Member  States,
Austria,  Finland  and  Sweden.

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(f) As regards ensuring that the Directive is applied, the common position provides that the
Member  States  shall  check  regularly  (at  least  every  five  years)  that  the  conditions
governing  access  to  the  occupation  are  still  fulfilled.

The  draft  does  not  include  the provision proposed by the Commission that Member
States  should  check  financial  standing  between  the  second  and  third  years.

(g) The  common  position  provides  that  the  Member  States  are  to  transpose  the  Directive

within  a  year  of  its  entry  into  force.

All  road  transport  operators  covered  by  the  Directive  and  plying  the  trade  before  the
Directive  becomes  applicable  must  comply  with  the  new  requirements  regarding
financial  standing  within  two  years  of  it  becoming  applicable.

IV. EUROPEAN  PARLIAMENT  AMENDMENTS

1. Amendments  adopted  by  the  Council

The  Council  adopted  the  content  if  not  the  precise  wording  of  the  following
amendments  put  forward  by  the  European  Parliament:

— amendment  9  making  it  clear  that  Annex  I  to  the  Directive  in  force  is  replaced  by
Annex  I  to  the  new  Directive  (drafting  amendment  included  in  Article  1(10)  of  the
common  position),

— amendment 10 inserting a new Article in Directive 96/26/EC obliging Member States
to provide for a system of penalties (drafting amendment included in Article 1(9) of
the  common  position  inserting  an  Article  10a  into  Directive  96/26/EC).

2. European  Parliament  amendments  not  adopted  by  the  Council

The  Council  did  not  adopt  the  following  amendments:

(a) As  regards  the  requirement  of  good  repute:

— amendment  3,  first  part,  which  aimed  to  amend  the  first  subparagraph  of
Article  3(2)(c)  of  Directive  96/26/EC  so  as  to  stipulate  that  the  requirement  of
good repute is not or is no longer fulfilled where the natural persons required to
fulfil  it  ‘have  been  convicted  in  a  criminal  or  administrative  court  of  a  serious
offence,  or  repeated  minor  offences’  against  the  rules  referred  to  in  that  same
point.

The common position extends the scope of the Directive in force which refers to
convictions  for  ‘serious,  repeated  offences’  by  amending  this  to  read  ‘serious
offences’.

The Council takes the view that a Member State should be allowed to judge an
operator’s good repute on the basis of its national legislation’s interpretation of
the  seriousness  of  the  offence.

The  Council  thought  it  was  difficult  to  assess  good  repute  on  the  basis  of
convictions for repeated minor offences, since these offences could simply be the
subject of fines. It would be disproportionate to oblige Member States to refuse
access  to  the  profession  on  such  grounds.

The Council also preferred the Directive to retain only the concept of conviction
for  a  serious  offence  without  specifying,  given  the  diversity  of  situations
obtaining  in  the  Member  States,  that  the  convictions  could  be  given  in  either  a
criminal  or  an  administrative  court,

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— amendment 1 and amendment 3, second part, which concern the insertion in the
Directive  of  a  recital  and  a  number  of  additions  to  Article  3(2)(c)  of  Directive
96/26/EC involving:

— provision  that  offences  covered  by  the  combating  of  fraud  in  the  context  of
the  common  transit  system  and  offences  regarding  the  transport  of  live
animals  constitute  offences  which  could  result  in  non-recognition  or  loss  of
good  repute,

— establishing  a  ratio  between  the  number  of  journeys  carried  out  by  the
undertaking  concerned  and  the  number  of  offences  when  assessing  whether
repeated  minor  offences  have  occurred.

The  Council  considers  that:

— the  provisions 

in  force  do  not  prevent  Member  States  taking 

into
consideration,  when  checking  whether  the  good-repute  requirement  is
satisfied,  offences  against  the  transit  system  or  transport  of  live  animals
rules,

— the  introduction  of  a  common  criterion  for  assessing  minor  offences  is
pointless,  since  the  common  position  no  longer  concerns  repeated  minor
offences.

Moreover,  the  seriousness of the offence should not be judged as a function
of  the  size  of  the  undertaking  (number  of  vehicles  involved  or  kilometres
travelled  by  these  vehicles)  but  on  its  own  merits,

— amendment  8,  which  provides  that  in  cases  of  serious  offences  or  minor
repeated  offences  against  the  transport  rules  referred  to  in  particular  in
Article  3(2)(c)  of  the  Directive,  the  Member  State  in  which  a  non-resident  road
transport operator committed an offence which might lead to withdrawal of the
authorisation  to  engage  in  the  occupation  or  which  has  knowledge  of  such  an
offence must provide the Member State in which the road transport operator is
established  with  all  the  information  in  its  possession.

The  Council  considers  that  Article  1(6)  of  the  common  position,  which  amends
Article  7(1)  of  Directive  96/26/EC,  provides  that  Member  States  are  to  provide
the  Member  State  in  which  the  road  transport  operator  is  established  with  all
the  information  in  their  possession  concerning  any  offences  committed  by  the
transporter which might lead to withdrawal of his authorisation. The provision’s
scope  has  thus  been  extended;

(b) as  regards  the  financial  standing  requirement:

— amendment  4,  which  in  an  effort  to  harmonise  in  all  the  language  versions  the
concept  of  ‘capital  and  reserves’  for  the  purposes  of  assessing  undertakings’
financial standing, uses the definition included in Directive 78/660/EEC (1),  with
one exception. The Council took the view that at this stage it was not absolutely
necessary to harmonise the criteria for checking financial standing. The common
position  merely  requires  that  the  undertaking  have  available  a  certain  amount
per vehicle used without considering any regulation of the area of accounting or
balance  sheets.  The  Council  deemed  it  preferable  for  the  Member  States  to
continue  to  apply  their  national  legislation  in  this  respect,

— amendment 7, which aims to supplement Article 6(1) of the Directive in force by
providing  that  the  competent  national  authorities  are  to  assess  every  five

(1) Fourth Council Directive of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts
of certain types of companies (OJ L 222, 14.8.1978, p. 11). Directive last amended by Directive 94/8/EC
(OJ  L  82,  25.3.1994,  p.  33).

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years,  and  additionally  between  the  second  and  third  year  during  the  five-year
period, whether the financial standing requirement is still fulfilled and authorises
them  to  grant  in  certain  circumstances  a  further  period  of  no  more  than  one
year  within  which  to  fulfil  this  criterion.

The  Council  considered  that  it  was  enough  to  provide  in  Article  1(5)  of  the
common  position  (Article  6(1)  of  amended  Directive  96/26/EC)  that  Member
States  must  check  regularly  and  at  least  every  five  years  that  undertakings  still
fulfil  the  three  requirements  for  access  to  the  occupation  without  distinguishing
between  them.

Member  States  may  therefore,  as  the  European  Parliament  wished,  regularly
check  an  operator’s  financial  standing  during  the  five-year  period  but  are  not
obliged  to  do  so;

(c) as  regards  the  professional  competence  requirement:

— amendment 6, intended to supplement Article 6(1), second subparagraph, of the
Directive in force, to specify that persons continuously and effectively managing
a  transport  undertaking  who  have  already  fulfilled  the  requirements  of
professional  competence  under  the  test  provisions  of  the  Directive  and  have
continuously  exercised  their  profession  may  not  be  required  to  take  the
professional  competence  test  a  second  time.

The  Council  took  the  view that the general rule laid down in the Directive was
that  an  operator  could  not  be  required  to  sit  the  test  a  second  time.  A  single
exception  was  provided  for,  but  it  applied  to  a  quite  specific  case  (see
Article  1(3)  of  the  common  position  providing  for  the  insertion  of  a  new
point  (f)  in  Article  3(4)  of  the  amended  Directive),

— amendments  12  and  13  concerning  Annex  I(I)(F.5),  and  in  particular:

— amendment  12,  which  provides  in  point  F.5  that,  where  admission  to  the
road  haulage  market  is  concerned,  the  candidate  must  be  familiar  only  with
frontier  formalities  and, in view of amendment 13, does  not  require  him,  as
the  Commission  proposed,  to  be  familiar  also  with  the  role  and  scope  of  T
documents  and  TIR  carnets  as  well  as  with 
the  obligations  and
responsibilities  arising  from  their  use,

— amendment  13,  aimed  at  adding  a  further  point  5a  requiring  the  candidate
to  have  detailed  knowledge  of  the  Community  and  common  transit  system.

The  Council  did  not  adopt  these  amendments  on  the  grounds  that  the
knowledge  required  was  excessively  detailed;

(d) as  regards  the  amendment  of  the  transitional  periods  granted  to  the  new  Member

States  as  a  result  of  their  membership  of  the  EEA:

— amendment  2,  designed  to  amend  the  sixth  recital  of  the  amended  proposal,

and

— amendments  5  and  14,  the  purpose  of  which  was  to  amend  Article  1  of  the
amended  proposal  (Article  5(1)  and  (2)  of  the  Directive  in  force)  as  regards  the
transitional  periods  granted  to  Austria,  Finland  and  Sweden  to  date  from  the
entry  into  force  of  the  EEA  Agreement,  namely  1  January  1994.

The  European  Parliament  pointed  out  that,  under  the  EEA  Agreement,  the
provisions of the Directives which had been consolidated by Directive 96/26/EC
had  applied  in  these  three  States  since  1  January  1994.

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The Council supported the Commission’s position and thought that Community
legislation  could  apply  only  to  Member  States.  The  transitional  periods  in
question had therefore to take as their reference date the date of accession to the
Community,  namely  1  January  1995  (see  Article  1(4)  of  the  common  position
regarding  the  new  Article  5  of  the  amended  Directive);

(e) as  regards  entry  into  force  of  the  Directive:

— amendment  11,  which  proposes  to  lay  down  as  the  date  of  entry  into  force  of

the  Directive  the  20th  day  after  its  publication.

The Council deemed it preferable that the date of the Directive’s entry into force
should  be  that  of  its  publication.

Since  it  is  a  Directive  and  since  Member  States  were  already  allowed  time  to
transpose it, the Council considered it advisable for it to enter into force as soon
as  possible  so  as  to  allow  certain  implementing  decisions  to  be  applied  at  an
early  date.  Furthermore,  this  made  it  easier  to  establish  exactly  when  the
Directive  entered  into  force.