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1. Member States, acting in accordance with the provisions hereinafter laid down, shall adopt the following transitional measures in respect of establishment or provision of services in their territories by natural persons or companies or firms covered by Title I of the General Programmes (hereinafter called 'beneficiaries') wishing to engage in the activities of self-employed persons referred to in paragraph 2.2. The activities in question are those covered by the Council Directive of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85) ; 1 : Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852) ; 2 : Hotels, rooming houses, camps and other lodging places (ISIC Group 853). Where, according to the laws of a Member State, certain activities fall not within the personal services sector but rather within the food manufacturing and beverage industries, the appropriate Directive laying down detailed provisions concerning transitional measures in the field in question shall apply to those activities in that Member State. Member States in which the taking up or pursuit of any activity referred to in Article 1 (2) is subject to possession of certain qualifications shall ensure that any beneficiary who applies therefor be provided, before he establishes himself or before he begins to pursue any activity on a temporary basis, with information as to the rules governing the occupation which he proposes to pursue. 1. Where, in a Member State, the taking up or pursuit of any activity referred to in Article 1 (2) is dependent on the possession of general, commercial or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for any of the following periods:    (a) three consecutive years either in an independent capacity or in a managerial capacity ; or(b) two consecutive years either in an independent capacity or in a managerial capacity, where the beneficiary can prove that for the occupation in question he has received previous training, attested by a certificate recognised by the State, or regarded by the competent professional or trade body as fully satisfying its requirements ; or(c) two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary can prove that he has pursued the occupation in question for at least three years in a non-independent capacity ; or  1OJ No L 260, 22.10.1968, p. 9.(d) three consecutive years in a non-independent capacity, where the beneficiary can prove that for the occupation in question he has received previous training, attested by a certificate recognised by the State, or regarded by the competent professional or trade body as fully satisfying its requirements.The host Member State may require of nationals of other Member States, in so far as it so requires of its own nationals, that the activity in question should have been pursued, and vocational training received, in the branch of trade in the host country in which the beneficiary wishes to establish himself.2. In the cases referred to in subparagraphs (a) and (c) of paragraph 1 pursuit of the activity shall not have ceased more than ten years before the date when the application provided for in Article 6 (2) is made. However, where a shorter period is laid down in a Member State for its nationals, that period may also be applied in respect of beneficiaries. 1. Where, in a Member State, the taking up or pursuit of any activity referred to in Article 1 (2) is not subject to the possession of general, commercial or professional knowledge or ability, that State may, if serious difficulties result from the application of the Council Directive referred to in Article 1 (2), request from the Commission authorisation, for a limited period and in respect of one or more specified activities, to require from nationals of other Member States who wish to pursue those activities in its territory proof that they possess the qualifications required for the pursuit of such activities, either in an independent capacity or in a managerial capacity, in the country whence they come.Use shall not be made of this power in respect of a person who comes from a country which does not make the taking up of the activity in question subject to proof of particular knowledge, or in respect of a person who has lived in the host country for at least five years.2. On receipt of a request from the Member State concerned stating the reasons on which it is based, the Commission shall forthwith specify the conditions on which the authorisation provided for in paragraph 1 of this Article will be granted and lay down detailed rules concerning its implementation. 1. A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Articles 4 and 5 if he has pursued such activity in an industrial or commercial undertaking in the field in question:    (a) as manager of an undertaking or manager of a branch of an undertaking ; or(b) as deputy to the proprietor or to the manager of an undertaking, where such post involves responsibility equivalent to that of the proprietor or manager represented ; or(c) in a managerial post with duties of a type normally pertaining to the occupation in question and with responsibility for one or more departments of the undertaking.2. Proof that the conditions laid down in Article 4 (1) or in Article 5 (1) are satisfied shall be established by certificates issued by the competent authority or body in the country whence the person concerned comes, which such person shall submit in support of his application for authorisation to pursue the activity or activities in question in the host country.3. Member States shall, within the time limit laid down in Article 8, designate the authorities and bodies competent to issue these certificates and shall forthwith inform the other Member States and the Commission thereof. The provisions of this Directive shall remain applicable until the entry into force of provisions relating to the co-ordination of national rules concerning the taking up and pursuit of the activities in question. Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission. 0This Directive is addressed to the Member States.
Council Directive laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85): 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852), 2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853)

Regulation (EEC) No 3389/73 is amended as follows:    1. Article 7 is amended to read as follows:'The security referred to in Article 5 may be released only if:      (a) the tender was not validly submitted;(b) the tender was unsuccessful;(c) the successful tenderer has paid the price at which the contract was awarded, and, in the case of an invitation to tender for export, has furnished proof in accordance with Article 12 of Regulation (EEC) No 1687/76.'2. Article 8 (4) is amended to read as follows:'4. In the case of sales by public auction for the purpose of exportation, the purchaser shall give security for export in accordance with Article 5 (1).' This Regulation shall enter into force on 1 October 1976.However, products removed from intervention stocks before 1 October 1976 shall remain subject to the provisions applicable before that date.This Regulation shall be binding in its entirety and directly applicable in all Member States.
Commission Regulation amending Regulation (EEC) No 3389/73 laying down the procedure and conditions for the sale of tobacco held by intervention agencies

This Regulation shall be applicable to information and inventions, whether patentable or not, resulting from the execution of the research programmes for the European Economic Community adopted by the following Decisions:    (a) Council Decision No 73/125/EEC (1) of 14 May 1973 adopting a research programme in the field of standards and reference substances (certified reference substances);(b) Council Decision No 73/126/EEC (1) of 14 May 1973 adopting a research programme on the protection of the environment;(c) Council Decision No 73/127/EEC (1) of 14 May 1973, adopting a research programme in the field of teledetection of earth resources;(d) Council Decision No 73/174/EEC (2) of 18 June 1973, adopting a research programme on the protection of the environment (direct project);(e) Council Decision No 73/175/EEC (2) of 18 June 1973, adopting a research programme in the field of standards and reference substances (certified reference substances);(f) Council Decision No 73/176/EEC (2) of 18 June 1973, adopting a research programme in new technologies (use of solar energy and recycling of raw materials);(g) Council Decision No 73/179/EEC (2) of 18 June 1973, adopting a research programme in the field of reference substances and methods (Community Bureau of Reference);(h) Council Decision No 73/180/EEC (2) of 18 June 1973, adopting a research programme for the protection of the environment (indirect project). The information and inventions referred to in Article 1 shall be the property of the Community.The Commission shall, where appropriate, ensure the protection of these inventions on behalf of the Community. Rules determining ownership with regard to inventions whether or not patentable, resulting from research or work done under contract, shall be laid down in each contract.  (1)OJ No L 153, 9.6.1973. (2)OJ No L 189, 11.7.1973.Where these inventions belong to the contractor, the Community shall obtain free licence to use them for its own needs.The contractor shall be required to exploit inventions which belong to him or to have them exploited under conditions which are in conformity with the interests of the Community and within a period to be laid down in the contract.The Commission shall be entitled to grant sublicences, in accordance with the conditions laid down in Articles 6 and 7 where the contractor, without a legitimate reason, fails to fulfil his obligation to exploit these inventions or to have them exploited. The Commission shall transmit the information referred to in Article 1 as promptly as possible to the Member States as well as to persons and undertakings which pursue, on the territory of a Member State, a research or a production activity justifying access to such information. The Commission may make communication of this information conditional upon its remaining confidential and not being passed on to third parties. Information which cannot be put to industrial use and the nature of which does not justify its being restricted to the Member States nor to the persons and undertakings referred to in Article 4, shall be published by the Commission. The Member States shall be entitled to obtain a licence from the Commission in respect of invitations, whether or not patentable, which belong to the Community. The same shall apply to persons and undertakings which pursue, on the territory of a Member State, a research or production activity justifying the grant of such a licence.Grant of a licence may be refused where the applicant does not undertake to manufacture effectively within the Community.The Commission shall grant sub-licences under the same conditions, where the fourth paragraph of Article 3 entitles it to make such grants.The Commission shall grant such licences or sublicences on terms to be agreed with the licensees and shall furnish all the information which it is entitled to supply and which is required for their exploitation. These terms shall relate in particular to suitable remuneration and, where appropriate, to the right of the licensee to grant sub-licences to third parties and to the obligation to treat the information as a trade secret.Failing agreement on the terms referred to in the fourth paragraph, the licensees may bring the matter before the Court of Justice of the European Communities so that appropriate terms may be laid down. The Commission shall publish offers for the grant of non-exclusive licences by all appropriate means.If these offers do not lead to applications for licences, the Commission shall publish them in the Official Journal of the European Communities. If, within six months from such publication, no application is made, the Commission may offer and grant exclusive licences for a maximum period of five years.Sub-licences granted by the Commission pursuant to the fourth paragraph of Article 3 shall be subject to the same conditions. However, the holder of an exclusive sub-licence shall not oppose the exploitation of the invitation by the owner and the owner shall not grant any further licences during the term of validity of the exclusive sub-licence. The information and inventions which the Commission has the right to supply and to which this Regulation is applicable may be transferred or exchanged within the framework of agreements or conventions with a third country or an international organization, in accordance with the conditions of Article 228 of the Treaty. When concluding the necessary contracts, the Commission shall ensure compliance with this Regulation by including appropriate clauses. 0This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.This Regulation shall be binding in its entirety and directly applicable in all Member States.

Regulation (EEC) No 2380/74 of the Council of 17 September 1974 adopting provisions for the dissemination of information relating to research programmes for the European Economic Community