CELEX: 51988PC0095
Language: en
Date: 1988-03-10
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING: DIRECTIVE 74/561/EEC ON ADMISSION TO THE OCCUPATION OF ROAD HAULAGE OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS; DIRECTIVE 74/562/EEC ON ADMISSION TO THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS; 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 EXERCISE THEIR RIGHT TO FREEDOM OF ESTABLISHMENT

16. 4. 88                              Official Journal of the European Communities                             No C 102/5
             Proposal for a Council Directive amending:
             — Directive 74/561/EEC on admission to the occupation of road haulage operator in national
                 and international transport operations,
             — Directive 74/562/EEC on admission to the occupation of road passenger transport operator
                 in national and international transport operations,
             — 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 exercise
                 their right to freedom of establishment
                                                      COM(88) 95 final
                              (Submitted by the Commission to the Council on 11 March 1988)
                                                        (88/C 102/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas such harmonization is also necessary to ensure
                                                                  equal conditions of competition between road hauliers
Having regard to the Treaty establishing the European             and road passenger transport operators established in the
Economic Community, and in particular Article 75                  Member States;
thereof,
Having regard to the proposal from the Commission,
                                                                  Whereas, in view of the other Community rules which
Having regard       to  the   opinion   of   the  European
                                                                  apply to road haulage, the provisions governing
Parliament,                                                       admission to the occupation of road haulage operator
                                                                  must be extended to operators using vehicles with a
Having regard to the opinion of the Economic and                  maximum permissible weight of over 3,5 tonnes;
Social Committee,
Whereas the express aim of the common rules
introduced by Council Directives 74/561/EEC and
74/562/EEC is to help rationalize the transport market            Whereas, as regards the criterion of good repute, special
and improve the quality of the services provided by               requirements must be laid down uniformly throughout
operators and to ensure that the right to freedom of              the transport sector to cover admission to the occupation
establishment is effectively exercised;                           of road haulier and passenger transport operator and the
                                                                  exercise of those professions in addition to the general
Whereas these Directives lay down three criteria for              conditions of good conduct required in any commercial
admission to the occupation of road haulage operator,             profession, in order to effectively reorganize the market;
namely good repute, appropriate financial standing and
professional competence; whereas, although they lay
down a number of rules governing professional
competence, they do not define the content of the first
                                                                  Whereas, in respect of financial standing, there should be
two criteria, leaving it to the Member States to adopt
                                                                  a minimum number of financial guarantees which
appropriate measures at national level; whereas they do,
                                                                  operators must have in order to practise their profession,
however, recommend coordination of such measures at a
                                                                  to ensure that they satisfy their professional obligations
later date;
                                                                  and to guarantee equality of treatment for undertakings
                                                                  from different Member States;
Whereas, on 30 June 1986, the Council adopted
conclusions calling for the definitive organization of a
free intra-Community market in road haulage to include
a system of Community authorizations issued on the
basis of purely qualitative criteria;                             Whereas, as regards professional competence, it would
                                                                  be expedient, in the light of the way in which national
Whereas, in order to ensure establishment of the                  measures implementing Directives 74/561/EEC and
freedom to provide transport services, including the              74/562/EEC have been applied, to define certain aspects
admission of non-resident carriers to national transport          thereof, and to add other subjects to the list of skills
operations in Member States, it is essential to coordinate        required of operators, in particular environmental
and harmonize as far as possible, by means of common              protection safeguards in the case of road hauliers and
rules, the basic conditions governing practising as an            passenger carriers, and precautions to be taken in the
operator and withdrawal of the right to practise;                 carriage of dangerous goods by road;
 ---pagebreak--- No C 102/6                             Official Journal of the European Communities                                 16. 4. 88
Whereas the provisions of Directive 77/796/EEC on the                from sitting an examination in the subjects covered by
mutual recognition of certificates as evidence of qualifi-           these diplomas. A certificate issued by the authority
cations for the occupation of road haulage or passenger              referred to in the preceding subparagraph must be
transport operator, including proof of practical                     produced as proof of professional competence'.
experience, must be amended to include the new
criterion that operators must pass an examination,
                                                                  5. The following Article is inserted:
HAS ADOPTED THIS DIRECTIVE:
                                                                      'Article 6a
                           Article 1
                                                                     1.     Member States shall exchange any information
Directive 74/561/EEC is hereby amended as follows:                   they may possess on offences committed by non-
                                                                     resident carriers which might necessitate withdrawal
                                                                     of the right to practise as a road haulage operator and
1. Article 2 (1) is replaced by the following:                       on the penalties imposed.
    'This Directive does not apply to natural persons or
                                                                     2. If a Member State withdraws the right to practise
    undertakings which use vehicles with a maximum
                                                                     as a road haulage operator in international transport
   permissible weight of less than 3,5 tonnes for road
                                                                     operations, it shall inform the other Member States'.
    haulage operations'.
2. Article 3 (2) is replaced by the following:                    6. The following is added to the end of point 2 in
                                                                     paragraph A of the Annex:
    'Good repute consists of not only satisfying the
    general conditions required to exercise any                      '— management        techniques   for  a  road  haulage
    commercial profession but also of not having been                      undertaking,
    convicted over the last three years of any offences
   which would bar such persons from exercising their                 — logistics,
    profession under national, Community and inter-
    national transport and traffic laws, and in particular            — commercial practices'.
    the rules governing drivers' driving and rest periods,
    road safety, vehicle safety and the obligations of
    company management'.                                             Point 5 in the Annex is replaced by the following:
3. The last sentence in Article 3 (3) is replaced by the             '5. Road safety and environmental protection
    following:                                                            — laws, regulations and administrative provisions
                                                                              applicable to traffic,
    'For this purpose the undertaking must always be able                 — traffic safety,
    to provide proof that it possesses financial guarantees               — accident prevention and procedure in the event
    corresponding to 10 % of the purchase value of each                       of an accident,
    vehicle it uses. This sum may be reduced by Member                    — carriage of dangerous goods,
    States, after consultation of the Commission, in the                  — carriage of foodstuffs in containers in which
    light of the circumstances of operators, in particular,                   dangerous goods have been carried,
    their size'.                                                          — national environmental laws and regulations'.
4. Article 3 (4) is replaced by the following:
                                                                                             Article 2
    'The condition of professional competence shall               Directive 74/562/EEC is hereby amended as follows:
    consist in possessing skills demonstrated by passing a
   written examination organized by the authority
    designated for this purpose by each Member State in           1. Article 2 (2) is replaced by the following:
    the subjects listed in the Annex. The necessary
    knowledge shall be acquired by attending courses and
    by practical experience gained by carrying out                   'Good repute shall consist of not only satisfying the
    relevant work in a transport undertaking for at least            general conditions required to exercise any
    five months. Member States may exempt the holders                commercial profession but also of not having been
   of certain advanced diplomas or technical diplomas                convicted over the last three years of any offences
   which provide proof of a sound knowledge of the                   which would bar such persons from exercising their
    subjects listed in the Annex to be defined by them               profession under national, Community and inter-
 ---pagebreak--- 16. 4. 88                              Official Journal of the European Communities                              No C 102/7
   national transport and traffic laws, and in particular         5. The following is added at the end of point 2 in
   the rules governing drivers' driving and rest periods,            paragraph A of the Annex:
   road safety, vehicle safety and the obligations of                '— management techniques for a road            transport
   company management'.                                                   undertaking,
2. The last sentence in Article 2 (3) is replaced by the              — logistics,
   following:                                                         — commercial practices'.
                                                                     Point 5 in the Annex is replaced by the following:
   T o r this purpose the undertaking must always be able
   to provide proof that it possesses financial guarantees           '5. Road safety and environmental protection
   corresponding to 10 % of the purchase value of each                   — laws, regulations and administrative provisions
   vehicle it uses. This sum may be reduced by Member                        applicable to traffic,
   States, after consultation of the Commission, in light
                                                                         — traffic safety,
   of the circumstances of operators, in particular, their
   size'.                                                                — accident prevention and procedure in the event
                                                                             of an accident,
3. Article 2 (4) is replaced by the following:                           — national environmental laws and regulations'.
   'The condition of professional competence shall                                          Article 3
   consist in possessing skills demonstrated by passing a
   written examination organized by the authority                 Directive 77/796/EEC is hereby amended as follows:
   designated for that purpose by each Member State in                The phrase 'or three years' practical experience' at
   the subjects listed in the Annex. The necessary                    the end of Article 5 (1) is deleted.
   knowledge shall be acquired by attending cources and
   by practical experience gained by carrying out                                           Article 4
   relevant work in a transport undertaking for at least
   five months. Member States may exempt the holders              1.    The provisions of Article 1 (1) and (4); Article 2 (3)
   of certain advanced diplomas or technical diplomas             and Article 3 of this Directive amending Directives
   which provide proof of a sound knowledge of the                74/561/EEC, 74/562/EEC and 77/796/EEC shall not
   subjects listed in the Annex to be defined by them             apply to road transport operators authorized to practise
   from sitting an examination in the subjects covered by         before 1 January 1990.
   these diplomas. A certificate issued by the authority
   referred to in the preceding subparagraph must be              2.    Road transport operators covered by the preceding
   produced as proof of professional competence'.                 paragraph shall be subject to the provisions of Directives
                                                                  applying before this Directive enters into force.
4. The following Article is added:
                                                                                            Article 5
    'Article 5a                                                   1.    Member States shall adopt the measures necessary
                                                                  to implement the provisions amended by this Directive
    1.    Member States shall exchange any information
                                                                  after consulting the Commission. These provisions shall
   they may possess on offences committed by non-
                                                                  take effect from 1 January 1990.
   resident carriers which might necessitate withdrawal
   of the right to practise as a road haulage operator and        2.    Member States shall forward to the Commission
   on the penalties imposed.                                      the text of the main provisions of national law which
                                                                  they adopt in the field covered by this Directive.
   2.     If a Member State withdraws the right to
   practise as a road haulage operator in international                                     Article 6
   transport operations, it shall inform the other Member
   States'.                                                       This Directive is addressed to the Member States.