OF THE INTERNATIONAL CARRIAGE IF GOODS BY ROAD , ACCOUNT BEING TAKEN OF DEVELOPMENTS IN TRADE AND THE MOVEMENT OF GOODS WITHIN THE COMMUNITY .
20 IT THEREFORE SEEMS , AS IS CONFIRMED BY THE CONTENTS OF ANNEXES I AND II TO THE DIRECTIVE , THAT THE DIRECTIVE IS INTENDED TO LIBERALIZE CERTAIN TYPES OF CARRIAGE BY ROAD WITHIN THE COMMUNITY WITHOUT YET LAYING DOWN UNIFORM CONDITIONS FOR AUTHORIZATION TO ENGAGE IN THE ACTIVITIES IN QUESTION .
21 IN THOSE CIRCUMSTANCES , ALTHOUGH ARTICLE 1 ( 3 ) OF THE DIRECTIVE PROVIDES THAT THE TYPES OF CARRIAGE LISTED IN ANNEX II THERETO ARE NO LONGER TO BE SUBJECT TO A QUOTA SYSTEM BUT MAY REMAIN SUBJECT TO AUTHORIZATION PROVIDED THAT NO QUANTITATIVE RESTRICTION IS INVOLVED , THE TERMS ' ' QUOTA ' ' AND ' ' QUANTITATIVE RESTRICTION ' ' CAN ONLY RELATE TO THE MEASURES WHICH A MEMBER STATE APPLIES TO TRANSPORT CARRIED OUT BY UNDERTAKINGS ESTABLISHED IN ANOTHER MEMBER STATE .
22 FURTHERMORE , THE REQUIREMENT CONTAINED IN ARTICLE 1 ( 3 ) THAT EACH MEMBER STATE IS TO ENSURE THAT DECISIONS ON APPLICATIONS FOR AUTHORIZATION ARE GIVEN WITHIN FIVE DAYS OF RECEIPT CAN ONLY BE EXPLAINED , WITHIN THE FRAMEWORK OF THE DIRECTIVE IN QUESTION , IF IT IS TAKEN TO RELATE TO AN APPLICATION FOR AUTHORIZATION COMING FROM ANOTHER MEMBER STATE .
23 THAT INTERPRETATION IS IN CONFORMITY WITH THE CONTENT OF ARTICLE 3 OF THE DIRECTIVE WHICH LEAVES THE MEMBER STATES THE POWER TO FIX THE CONDITIONS FOR AUTHORIZING UNDERTAKINGS ESTABLISHED IN THEIR TERRITORY TO ENGAGE IN THE ACTIVITIES MENTIONED IN THE DIRECTIVE AND WHICH THEREFORE IMPLIES , IN THE ABSENCE OF OTHER RULES OF COMMUNITY LAW APPLICABLE TO THIS FIELD , THAT ANOTHER MEMBER STATE MAY IMPOSE ON SUCH UNDERTAKINGS CONDITIONS WHICH RESTRICT THEIR TRANSPORT CAPACITY .
24 CONSEQUENTLY , AS COMMUNITY LAW STANDS AT PRESENT , LEGISLATION OF A MEMBER STATE WHICH IS INTENDED TO RESTRICT CAPACITY IN RELATION TO THE TYPES OF INTERNATIONAL TRANSPORT LISTED IN ANNEX II TO THE DIRECTIVE IN ORDER TO MAINTAIN A BALANCE BETWEEN TRANSPORT NEEDS AND AVAILABLE CAPACITY CANNOT BE CONSIDERED TO BE CONTRARY TO THE DIRECTIVE .
25 THUS , IT MUST BE STATED IN REPLY TO THE SECOND QUESTION THAT THE PROVISIONS AT ISSUE MUST BE INTERPRETED AS MEANING THAT THE COMPETENT AUTHORITIES OF A MEMBER STATE ARE ENTITLED TO CONTINUE TO APPLY TO UNDERTAKINGS ESTABLISHED IN ITS TERRITORY A SYSTEM OF AUTHORIZATIONS FOR THE TYPES OF INTERNATIONAL CARRIAGE OF GOODS BY ROAD FOR HIRE OR REWARD LISTED IN ANNEX II TO THE DIRECTIVE IF THE AIM OF SUCH A SYSTEM IS TO RESTRICT THE LOAD CAPACITY TO BE USED BY THOSE UNDERTAKINGS FOR THE INTERNATIONAL CARRIAGE OF GOODS , EVEN IF THEY SATISFY ALL THE OTHER REQUIREMENTS LAID DOWN BY THE NATIONAL LEGISLATION FOR AUTHORIZATION TO ENGAGE IN NATIONAL AND INTERNATIONAL CARRIAGE OF GOODS .
THE THIRD QUESTION
26 THE THIRD QUESTION SUBMITTED BY THE RAAD VAN STATE IS AS FOLLOWS :
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