Council Directive 98/76/EC of 1 October 1998 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: 1998-10-01
Institutions: Council of the European Union
Subjects: carriage of goods, carriage of passengers, carrier, recognition of diplomas, right of establishment, road transport

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COUNCIL DIRECTIVE 98/76/EC

of 1 October 1998

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

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 differences between national regula-
tions on admission to the occupation of road trans-
port operator and the mutual
recognition of
diplomas, certificates and other evidence of formal
qualifications
of
lead
competition;

distortions

could

to

(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
low-tonnage vehicles,
services,
subject to a specific derogation for road haulage
undertakings engaged in local short-distance trans-
port operations and using vehicles of a maximum
authorised weight of between 3,5 and 6 tonnes;

such as courier

(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
in order to avoid imbalances in the
necessary,
to fix appropriate available capital and
market,
reserves at a higher minimum level and to fix the

(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 (OJ C 161, 27. 5. 1998, p. 12) and European
Parliament Decision of 17 June 1998 (OJ C 210, 6. 7. 1998).

(4) OJ L 124, 23. 5. 1996, p. 1.

value of
the euro in those national currencies
which are non-participants in the third stage of
monetary union 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 compar-
able model, 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;

(7) Whereas the right of Member States to organise
compulsory courses of preparation for the examina-
tions of professional competence for applicants
taking them for the first time who are normally
resident within their territories shall remain unaf-
fected;

(8) Whereas, therefore, the levels of knowledge to be
taken into consideration for the issue of a certi-
ficate of professional competence, without preju-
from one
dice to Directive 92/26/EC, differ
Member State to another; whereas, because of these
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;

(9) Whereas it should be accepted that, for a limited
period and after consulting the Commission,
Member States may require persons who have
never previously obtained a certificate of profes-
sional 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 addi-
tional examination; whereas such additional exam-
ination must cover areas in which national aspects
the
of

the profession differ

from those of

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14. 10. 98

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;

(10) Whereas it is necessary to introduce transitional
measures for the implementation of Directive 96/
26/EC in Austria, Finland and Sweden;

(11) Whereas

it

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

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

effective, proportionate

HAS ADOPTED THIS DIRECTIVE:

(2) in Article 2:

— paragraph 1 shall be replaced by the following:

This Directive shall not apply to undertak-
‘1.
ings engaged in the occupation of road haulage
operator by means of motor vehicles or combina-
tions of vehicles 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.'

— the present text of paragraph 2 shall become para-
graph 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,
informing the
Commission, exempt from the application of
this Directive undertakings
all or part of
transport and
engaged exclusively in local
having only a minor impact on the transport
market
distances
involved.'

because

short

after

the

of

Article 1

(3) in Article 3:

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

(1) in Article 1(2),

— the first indent 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 com-
bination of vehicles;'

— 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 conse-
quently lives in turn in different places situ-
ated 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.'

— paragraph 2(c) shall be replaced by the following:

‘(c) have been convicted of

serious offences

against the rules in force concerning:

— the pay and employment conditions in the

profession, or

in particular

— road haulage or road passenger transport,
as appropriate,
the rules
relating to drivers’ driving and rest periods,
the weights and dimensions of commercial
vehicles, road safety and vehicle safety, the
the environment and the
protection of
other rules concerning professional
liab-
ility.'

— paragraph 3(c) shall be replaced by the following:

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

For the purposes of this Directive, the value of
the euro in those national currencies which
are non-participants in the third stage of
monetary union 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 Euro-
pean Communities. They shall have effect
from 1 January of the following calendar year.'

— paragraph 3(d) shall be replaced by the following:

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‘(d) For the purposes of subparagraphs (a), (b) and
(c)
the competent authority may accept or
require, by way of proof, the confirmation or
assurance provided by a bank or other prop-
erly 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:

‘4.(a) The

condition relating

to professional
competence shall consist in the 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 exam-
ination 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.

(b) Member States may exempt

from exam-
ination applicants who provide proof of at
least five years’ practical experience in a
transport undertaking at management level,
provided such applicants
the
arrangements for which shall be determined
by the Member States in accordance with
Annex I.

sit a test,

(c) Member States may exempt the holders of
technical
certain advanced diplomas or
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

and

effective
of undertakings

intending to
continuous
perform the
engaging
management
transport operations,
solely in national
the
Member States may stipulate
knowledge to be taken into consideration in
order to establish 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

that

undertakings engaging solely in transport
operations within the Member State that
issued the certificate.

a

by

issued

(f) After consulting the Commission a Member
State may require that any natural person
who holds a certificate of professional
competence
competent
authority in another Member State after 1
October 1999 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
the
examination shall
additional
specific knowledge relating to the national
aspects of the occupation of road haulage
operator in the first Member State.

cover

This point shall apply for a period of three
years from 1 October 1999. That period
may be extended for a further maximum
period of five years by the Council acting
from the Commission
on a proposal
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.'

(4) in Article 5:

— in paragraph 1 the following indent shall be

added:

‘— 1 January 1995 for Austria, Finland and

Sweden.'

— in paragraph 2, first subparagraph, the following
indent

indent
the
commencing ‘— after 2 October 1989':

added

shall

after

be

‘— after 31 December 1994 and before 1 January
1997 for Austria, Finland and Sweden.'

— in paragraph 2 the 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.'

— the following paragraph shall be added:

‘3.(a) All undertakings

that are authorised to
engage in the occupation of road transport
operator before 1 October 1999 shall, as
regards the fleets of vehicles they operate on
that date, comply with Article 3(3) no later
than 1 October 2001.

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Such undertakings shall, however, fulfil the
conditions
as
regards any additions to their fleets after 1
October 1999.

imposed in Article 3(3)

(b) Undertakings engaged in the occupation of
road haulage operator befor 1 October 1999
by means of
for which the
vehicles
maximum authorised weights are between
3,5 and 6 tonnes shall comply with the
conditions imposed in Article 3(3) no later
than 1 October 2001.'

(5) in Article 6(1) the following subparagraphs shall be

added:
the competent
shall ensure that
‘Member States
authorities check regularly and at least every five years
that undertakings still fulfil the requirements of good
repute, financial standing and professional compet-
ence.

financial

the requirement of

If
standing is not
fulfilled at the time of checking the authorities may,
where the undertaking’s other economic circum-
stances give grounds for assuming that the require-
ments of financial standing will again be sustainably
fulfilled within the foreseeable future on the basis of a
financial plan, give further notice of not more than
one year.'

(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
existing paragraph 3 shall become new paragraph
2;

(7) in Article 8:

— in paragraph 2 the words ‘or of no previous bank-

ruptcy' shall be deleted,

— in paragraph 4 the last sentence shall be deleted;

(8) 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;

(9) the following Articles shall be inserted after Article

10:
‘Article 10a
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.

Article 10b

After 1 October 1999 Member States shall recognise
as sufficient proof of professional competence certi-
ficates 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.'

(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.

Article 2

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply
with this Directive no later than 1 October 1999. 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 accompa-
nied 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

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

Article 3

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 Luxembourg, 1 October 1998.

For the Council

The President

C. EINEM

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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 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 compensa-
tion 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.

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.);

(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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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.

4.

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

income tax.

E. Business and financial management of the undertaking

Road haulage and passenger transport

The applicant must, in particular:

1.

2.

3.

4.

5.

6.

7.

8.

9.

be familiar with the laws and practices regarding the use of cheques, bills of exchange,
promissory notes, credit cards and other means or method of payment;

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;

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

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

be able to assess the undertakings’s profitability and financial position, in particular on the
basis of financial ratios;

be able to prepare a budget;

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;

be able to draw up an organisation chart relating to the undertaking’s personnel as a whole
and to organise work plans, etc.;

be familiar with the principles of marketing, publicity and public relations, including trans-
port services sales promotion and the preparation of customer files, etc.;

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;

(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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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 inspec-

tion 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;

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;

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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, certi-

ficates 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 require-
ments 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 coordina-
tion duties.

(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 %'.

(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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ANNEX II

‘ANNEX Ia

EUROPEAN COMMUNITY

(Stout fawn paper — Format: DIN A4)

(Text in the official

language(s) or one of the official

languages of the Member State issuing the certificate)

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 ...............................................................................

..........................; session: .......................... ) (5) organised for the award
has passed the tests of the examination (year:
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
(7) Signature and stamp of the competent authority or body issuing the certificate.'

law adopted in this field in accordance with the abovementioned Directive.