CELEX: 51980PC0389
Language: en
Date: 1980-07-17
Title: PROPOSALS FOR COUNCIL DIRECTIVES AMENDING - Council Directive 74/561/EEC on admission to the occupation of road haulage operator in national and international transport operations, - Council Directive 74/562/EEC on admission to the occupation of road passenger transport operator in national and international transport operations, - Council Directive 77/796/EEC aiming at the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures intended to encourage these operators effectively to exercice their right to freedom of establishment. (presented by the Commission to the Council)

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COM (80) 389
Vol. 1980/0136
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(80)389 final
                                             Brussels . 17th July 1980
                    PROPOSALS FOR COUNCIL DIRECTIVES AMENDING
    Council Directive 74 / 561 / EEC on admission to the occupation of road
    haulage operator in national and international transport operations .
    Council Directive 74 / 562 / EEC on admission to the occupation of road
    passenger transport operator in national and international transport
    operations /
    Council Directive 77 / 796/ EEC ■aiming at the mutual recognition of
    diplomas , /certificates and other evidence of formal qualifications
    for goods haulage operators and- road passenger transport operators ,
    including measures intended to encourage these operators effectively
    to exercice their right to freedom of establishment .
              I --.             ---• v
                  ( presented by the Commission to the Council )
 C0M(80 ) 389 final
 ---pagebreak---                         PROPOSALS FOR COUNCIL DIRECTIVES AMENDING
     ( i ) Council Directive 74 / 561 / EEC on admission to the occupation
           01' -cad haulage operator in national and. international transport operations ,
  ( ii ) Council Directive 74 / 562 / EEC on admission to the occupation of
           road, passenger transport operator in national and international transport;
           operations ,
( iii ) Council Directive 77/ 796/ EEC aiming at the mutual recognition of
           diplomas , certificates and other evidence of formal qualifications for goods
   '       h&ulage operators and road passenger transport operators , including measures
           intended to encourage these operators effectively to exercise their right
           to freedom of establishment .
           EXPLANATORY MEMORANDUM
           1.    The two Council Directives of 12 November 1974 on admission to the
           occupation of road haulage operator (l ) and passenger transport operator ( 2 )
           respectively , which make the exercise of these occupations conditional on
           the operator 's good repute , sound financial standing and professional
           competence , took full effect in the present Member States on 1 January 1978 .
                 The Council Direotive of 12 December 1977 on the mutual recognition of
           diplomas , certificates and other evidence of formal qualifications for
           operators in connection with the exercise of the abovementioned occupations ( 3 )
           became applicable on 1 January 1979*
                                                                                      •/.
           (1 ) Council Directive 74/561/EEC – OJ No L 3O8 of 19th November 1974 »
                 pp . 18 to 22 .
           ( 2) Council Directive 74/562/EEC - OJ No L 3O8 of 19th November 1974»
                 pp. 23 to 27 »
           ( 3 ) Council Directive 77/796/EEC - OJ No L 334 of 24th December 1977 »
                 pp . 37 to 29 .
 ---pagebreak---                                   - 2 -
 2.  The three Directives contain transitional provisions to enable the
Member States to adapt their national arrangements to the Community scheme
 and to ensure that rights acquired "by operators engaging in their operations
before the new arrangements were applied are safeguarded.
 3.  Under the terms of Annex XII to the Act appended to the Treaty of
Accession of the Hellenic Republic , the latter must apply the three
Directives from 1 January 1984*
     Furthermore , under the terms of Annex II of that Act , the two Directives
 of 12 November 1974       admission to the occupations must be adapted , in
accordance with the procedure laid down in Article 146 of the Act , so that
in the case of Greece the dates before which operators must have been
engaged in their occupations in order to be exempted from certain obligations
can be deferred , thus ensuring in that country that the rights acquired by
operators are respected under conditions comparable to those which were
enjoyed by operators in the present Member States when the Directives were
first appliedo
                                  t
     Annex II to the Act also omits to provide for the adaptation of the
Directive of 12 December 1977 on the mutual recognition of diplomas , although
that Directive , which , incidentally , only covers the same activities as the
two 1974 Directives , also sets a deadline for the recognition of certain
                                           1
acquired rights .
4 . Article 5(l ) and- ( 2 ) of the Directive of 12 November 1974 on admission
to the occupation of road haulage operator and Article 4.(1 ) and ( 2 ) of the
Directive on admission to the occupation of passenger transport operator
provide that operators who were authorized to engage in their occupation
before 1 January 1978 shall be exempt from the requirement to furnish proof
that they satisfy the conditions as to good repute , financial standing and
professional competence , it being understood however that those so authorized
after 31- December 1974 and before 1 January 1978 should furnish proof of their
professional competence before 1 January 1980 , if they have not done so
previously .
                                                                  •/
 ---pagebreak---       To provide comparable conditions m the case of Greece , the various
deadlines mentioned above should , in view of the date when the Hellenic
Republic will apply the Directives in question (l January 1984 ), be
postponed until 1 January 1984 » 31 December 1980 , 1 January 1984 and 1
January 1986 respectively .
5.    As for the Directive of 12 December 1977 on mutual recognition
( applicable from 1 January 1979)j Article 5(l ) thereof lays down special
conditions for the recognition by a Member State of the professional
competence of operators who were authorized to exercise their occupation
in another Member State before 1 January 1975 ».
      Where Greece is concerned , and for the same reasons as those set
out in paragraph 4 above , this date should be replaced by 1 January 1981 .
 ---pagebreak---                       PROPOSAL FOR A COUNCIL DIKECTIVE
 AMENDING DIRECTIVE 74 / 561 / EEC ON ADMISSION TO THE OCCUPATION
 OP ROAD HAULAGE OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Act of Accession of Greece ,
and in particular Article 146 thereof ,
Having regard to the proposal from the Commission ,
                                 (1 )    . .
Whereas Directive 74 / 561 / EEC      must be amended
with a view to ensuring that in Greece the existing
rights of operators already engaged in their occupation in that country are
safeguarded under conditions comparable to those which have been enjoyed "by
operators in the present Member States ,
Whereas , under the terms of Article 22 of the abovementioned Act , the afore­
said Directive must be amended in accordance with the guidelines laid down
in Annex II to the Act , and whereas such amendment must take into account
                                                            s
the time limit provided for in Annex XII to the Act for the introduction by
Greece of the measures required for the application of the Directive concerned ,
HAS ADOPTED THIS DIRECTIVE :
( 1 ) OJ No L 308 of 19 November 1974, p. 18 .
 ---pagebreak---                                     - 2 -
                                  Article 1
There is added to Article 5 of Directive 74 / 561 / EEC a paragraph 3 as
follows :
" 3 . With regard to Greece , the dates in paragraphs 1 and 2 shall be
replaced as follows :
- in paragraph 1 , "1 January 1978 " is replaced by "1 January 1984 ";
- in paragraph 2 , " 31 December 1974 ", "1 January 1978 " and "1 January 1980
    are replaced by " 31 December 1980 ", "1 January 1984 " and "1 January 1986
    respectively .
                                 Article 2
This Directive is addressed to the Member States and shall apply with
effect , from the date of the accession of Greece .
Done at Brussels ,
                                             For the Counci I
                                             The President
 ---pagebreak---                                                                         6
                        PROPOSAL FOR A COUNCIL DIRECTIVE
             AMENDING DIRECTIVE 74 / 562 / EEC ON ADMISSION
             TO THE OCCUPATION OP ROAD PASSENGER TRANSPORT OPERATOR
             IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 Having regard to the Act of Accession of Greece,
and in particular Article 146 thereof .
 Having regard, to the proposal from the Commission .
                                                            .1
                                (1 )
Whereas Directive 74/ 562 / EEC      must be amended
with a view'to ensuring that in Greece the existing
 rights of operators already engaged in their occupation in that country are
 safeguarded under conditions cpmparable to those which have "been enjoyed
"by operators in the present Member States ,            '
Whereas , under the terms of Article 22 of the abovementioned Act , the afore­
 said Directive must "be amended in accordance with the guidelines laid down
                                                          »
 in Annex II to the Act , and whereas , such amendment must take into account
the time limit provided for in Annex XII of the Act for the introduction "by
Greece of the measures required for the application of the Directive concerned,
HAS ADOPTED THIS DIRECTIVE t
                                                                         •/.
 (l ) OJ No L 308 of 19 November 1974 * P - 23 .
 ---pagebreak---                                    - 2 -
                                Article 1
There is added to Article 4 of Council Directive 74 / 562 / EEC a paragraph
3 as follows :
" 3 . With regard to Greece , the dates in paragraphs 1 and 2 shall be
replaced as follows :                   '                     -       *
- in paragraph 1 , "1 January 1978     is replaced by "1 January 1984 ",
- in paragraph 2 , " 31 December 1974 ", "1 January 1978 " and "1 January 1980
    are replaced by " 31 December 1980 ", "1 January 1984 " and "1 January 1986
    respectively .          .                       ,
                                Article 2
This Directive is addressed to the Member States and shall apply with
effect from the date of the Accession of Greece .
Done at Brussels ,        ■          '            .
                                                           «
                                                 For the Council
                                                 The President ,
 ---pagebreak---                              PROPOSAL FOR A COUNCIL DIRECTIVE
                                                                       %
              AMENDING DIRECTIVE 77 / 796/ EEC AIMING AT
              THE MUTUAL RECOGNITION OP DIPLOMAS , CERTIFICATES AND
OTHER EVIDENCE OP FORMAL QUALIFICATIONS FOR GOODS HAULAGE OPERATORS AND ROAD
PASSENGER TRANSPORT OPERATORS , INCLUDING MEASURES INTENDED TO ENCOURAGE THESE
      OPERATORS EFFECTIVELY TO EXERCISE THE RIGHT TO FREEDOM OF ESTABLISHMENT
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard "to the Act of Accession of Greece ,
 and in particular Article 146 thereof ,
Having regard to the proposal from the Commission ,
                                 (1)
Whereas Directive 77 / 796 / EEC      must be
amended with a view to ensuring      t
the mutual recognition in Greece of transport operators * professional
competence under conditions comparable to those applied in the present Member
States ,
Whereas such amendment must take into acpount the time limit laid down in
Annex XII of the abovementioned Act for the introduction "by Greece of the
measures required for the application of the Directive concerned ,
HAS ADOPTED THIS DIRECTIVE t
                                                              ν
                                                                        •Λ
(l ) OJ No L 334 of 24 December 1977 , p. 37 .
 ---pagebreak---                                    - 2 -
                                Article 1
There is added to Article 5 of Directive 77 / 796 / EEC a paragraph 3
as follows :
" 3 . In the case of natural persons and undertakings which have been
      authorized in Greece to exercise the profession of carrier / the
      date "1 January 1975 " in paragraph 2 is replaced by "1 January 1981 "."
                                Article 2
This Directive is addressed to. the Member States and shall apply with ,
effect from the date of the accession of Greece .
Done at Brussels ,
                                              For the Countil
                                              The President