CELEX: 51983PC0720
Language: en
Date: 1983-12-02
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON ACCESS TO THE OCCUPATION OF CARRIER OF GOODS BY WATERWAY IN NATIONAL AND INTERNATIONAL TRANSPORT AND ON THE MUTUAL RECOGNITION OF DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS FOR THIS OCCUPATION

24.12.83                             Official Journal of the European Communities                          N o C 351/5
                                                            II
                                                    (Preparatory Acts)
                                               COMMISSION
              Proposal for a Council Directive on access to the occupation of carrier of goods by
              waterway in national and international transport and on the mutual recognition of
                 diplomas, certificates and other evidence of formal qualifications for this occupation
                                                   COM(83) 720 final
                          (Submitted by the Commission to the Council on 7 December 1983)
THE COUNCIL OF THE EUROPEAN                                     transport activities with minor economic implications,
COMMUNITIES,                                                    and transport for own account is by definition
                                                                excluded from these rules;
Having regard to the Treaty establishing the
European Economic Community, and in particular                  Whereas there is a need for mutual recognition of
Articles 49, 57 and 75 thereof,                                 diplomas, certificates and other evidence of formal
                                                                qualifications for the activities covered by this
Having regard to the proposal from the Commission,              Directive, in order to promote the actual exercise of
                                                                the right of establishment;
Having regard to the opinion of the European Par-
liament,
                                                                Whereas, in respect of professional competence,     the
                                                                certificates issued pursuant to the provisions of  this
Having regard to the opinion of the Economic and                Directive regarding access to the occupation         of
Social Committee,                                               carrier must be recognized as sufficient proof by   the
                                                                host Member State;
Whereas the organization of the transport market is
one of the necessary preconditions for the
                                                                Whereas Member States which impose on their own
implementation of the common transport policy
                                                                nationals certain requirements as to probity and
which is provided for in the Treaty;
                                                                financial standing must accept as sufficient evidence
                                                                in respect of nationals of other Member States
Whereas the adoption of measures designed to                    documents issued by a competent authority in the
coordinate the conditions for access to the occupation          country of origin of the carrier;
of carrier is likely to promote the actual exercise of
the right of establishment;
                                                                Whereas the provisions of this Directive concerning
                                                                the mutual recognition of diplomas, certificates and
Whereas provision must be made for the introduction
                                                                other evidence of formal qualifications for carriers
of common rules governing access to the occupation
                                                                apply only to undertakings which can be considered
of carrier of goods by waterway in national and inter-
                                                                as such within the meaning of Article 58 of the
national transport in order to improve the standard of
                                                                Treaty;
carriers; whereas such improvement is likely to help
to set the market on a sounder footing and improve
the quality of the service performed, in the interest of        Whereas this Directive must also apply to employed
users, carriers and the economy as a whole;                     persons covered by Council Regulation (EEC) No
                                                                1612/68 of 15 October 1968 on the free movement of
Whereas the rules governing access to the occupation            workers within the Community ('), in so far as the
of carrier of goods by waterway must therefore cover            Member States make access to the occupation
at least the professional competence of the carrier,            covered by this Directive or the exercise thereof
although Member States may also maintain or lay                 conditional on the possession of professional
down rules governing probity and financial standing             knowledge and skills,
of the carrier;
Whereas, however, there is no need to include in the
common rules laid down by this Directive certain                O OJ No L 257, 19. 10. 1968, p. 2.
 ---pagebreak---  N o C 351/6                         Official Journal of the European Communities                              24.12.83
 HAS ADOPTED THIS DIRECTIVE:                                     If the applicant is a natural person who does not meet
                                                                 this condition, the competent authorities may
                       CHAPTER I                                 nevertheless authorize him to pursue the occupation
                                                                 of carrier provided that he designates another person
                                                                 meeting this condition who actually manages the
                   Definitions and scope                         transport operations on a permanent basis.
                          Article 1
                                                                 If the applicant is an undertaking within the meaning
 1.     Access to the occupation of carrier of goods by          of Article 1 (2), one of the natural persons who
 waterway shall be governed by the provisions adopted            actually manages the undertaking's             transport
 by the Member States pursuant to the common rules               operations on a permanent basis must meet the
 laid down in this Directive.                                   conditions relating to professional competence.
 2.     For the purposes of this Directive:
— the expression 'occupation of carrier of goods by             2.     Professional competence shall mean possessing
     waterway' shall mean the activities engaged in by          the standard of knowledge accepted by the authority
     any natural person or any undertaking carrying             or body appointed for this purpose by each Member
     goods by waterway for hire or reward, even if this         State in the subjects listed in the Annex. The required
     occupation is not exercised on a regular basis,            knowledge shall be acquired either by attendance at
                                                                courses or by practical experience in a waterway
— the term 'undertaking' shall mean companies or
                                                                transport undertaking, or by a combination of the
     firms within the meaning of Article 58 of the
                                                                two. Member States may exempt from the application
     Treaty and groups or cooperatives of owner-
                                                                of these provisions the holders of certain higher
     operators whose purpose is to obtain business
                                                                education or technical education diplomas which
     from shipping agents for distribution among their
                                                                testify to a sound knowledge of the subjects listed in
     members, irrespective of whether such groups or            the Annex.
     cooperatives possess legal personality,
— 'owner-operator' shall mean owner or operator of
     no more than three vessels, or an owner-operator           A certificate issued by the authority or body referred
     undertaking as defined by the national legislation         to in the first subparagraph must be produced as
     of a Member State.                                         proof of professional competence.
                         Article 2
                                                                                          Article 4
This Directive shall not apply to natural persons or
undertakings pursuing the occupation of carrier of               1.    Member States shall lay down the terms on
goods by waterway using vessels with a deadweight               which a transport undertaking may, by way of dero-
capacity at maximum draft not exceeding 200 tonnes.             gation from Article 3 (1), operate on a provisional
                                                                basis for a maximum of one year, which period may
The Member States may lower this limit for all or               be extended by no more than six months in
some categories of transport.                                   exceptional duly justified cases, in the event of death
                                                                or physical or legal incapacity of the natural person
The Directive shall likewise not apply to natural               pursuing the occupation of carrier or of the natural
persons and undertakings operating ferry services.              person satisfying the conditions set out in Article 3.
                       CHAPTER II                               2.     However, the competent authorities in the
                                                                Member States may, by way of exception, in certain
                 Access to the occupation                       special cases, permanently authorize the operation of
                                                                an undertaking by a person who does not meet the
                                                                condition relating to professional competence laid
                         Article 3                              down in Article 3, but who has had at least three
 1.    Natural persons or undertakings wishing to               years     practical    experience   in  the    everyday
pursue the occupation of carrier of goods by                    management of the undertaking concerned.
waterway must satisfy the conditions, relating to pro-
fessional competence, even if they are members of a
group or cooperative of owner-operators, within the                                      Article 5
meaning of Article 1 (2), or exercise their occupation
exclusively for a specific period of time as subcon-            Natural persons and undertakings who provide proof
tractors to another waterway transport undertaking.             that before 1 July 1984 they were authorized in a
 ---pagebreak---  24.12.83                           Official Journal of the European Communities                            N o C 351/7
 Member State, pursuant to national rules, to pursue                                     Article 8
 the occupation of carrier of goods by waterway in
 national and/or international transport, shall be              1.    Where the host Member State imposes on its
 exempt from the obligation to prove that they meet             own nationals certain requirements as to good repute
 the conditions laid down in Article 3.                         or absence of previous bankruptcy, that State shall
                                                                accept as sufficient evidence in respect of nationals of
                                                                other Member States, without prejudice to paragraphs
                         Article 6                             2 and 3, an extract from a judicial record or, failing
                                                               that, an equivalent document issued by a competent
 1.    Reasons must be given for any decision taken by         judicial or administrative authority in the carrier's
 the competent authorities of the Member States,               country of origin or prior establishment, showing that
 pursuant to the measures adopted on the basis of this         these requirements have been met.
 Directive, by which an application for access to the
 occupation of carrier of goods by waterway is
 rejected.                                                     2.    Where the host Member State imposes on its
                                                               own nationals certain requirements as to good repute
 2.    Member States shall ensure that the competent           and proof that such requirements are met cannot be
 authorities withdraw an authorization to pursue the           furnished by means of the document referred to in
occupation of carrier of goods by waterway if they             paragraph 1, the State shall accept as sufficient
find that the conditions laid down in Article 3 are no         evidence in respect of nationals of other Member
longer met, subject to allowing, where appropriate,            States a certificate issued by a competent judicial or
sufficient time for the recruitment of a substitute.           administrative authority in the country of origin or
                                                               prior establishment, stating that the requirements in
3.     Member States shall ensure that the natural             question have been met. Such certificates shall relate
persons and undertakings referred to in this Directive         to the specific facts regarded as relevant by the host
have the opportunity to defend their interests by              country.
appropriate means with regard to the decisions
referred to in paragraphs 1 and 2.                             3.    Where the country of origin or prior
                                                               establishment does not issue the document required in
                      CHAPTER III                              accordance with paragraphs 1 and 2, such document
                                                               may be replaced by a declaration on oath or by a
                                                               solemn declaration made by the person concerned
Mutual recognition of diplomas, certificates and other
                                                               before a competent judicial or administrative
             evidence of formal qualifications
                                                               authority or, where appropriate, a notary in that
                                                               person's country of origin or prior establishment;
                         Article 7                             such authority or notary shall issue a certificate
 1.    Member States shall recognize the certificates          attesting the authenticity of the declaration on oath
referred to in the second subparagraph of Article 3            or solemn declaration. The declaration in respect of
(2) and issued by another Member State as sufficient           bankruptcy may likewise be made before a competent
proof of professional competence where they are                professional body in the same country.
based on an examination passed by the applicant or
on three year's practical experience. "                        4.    Documents       issued     in  accordance     with
                                                               paragraphs 1 and 2 shall not be accepted if submitted
2.     With regard to natural persons and under-               more than three months after the date of issue. This
takings authorized before 1 July 1984 under national           condition shall also apply to declarations made in
rules in a Member State to engage in the occupation            accordance with paragraph 3.
of carrier of goods by waterway in national and/or
international transport and in so far as the under-
takings concerned are companies or firms within the                                     Article 9
meaning of Article 58 of the Treaty, Member States
shall accept as sufficient proof of professional               1.    Where the host Member State imposes on its
competence certificates stating that the activity in           own nationals certain requirements as to financial
question has actually been carried on in a Member              standing and where a certificate is required as proof,
State for a period of three years. This activity must          that State shall regard corresponding certificates
not have ceased more than five years before the date           issued by banks in the country of origin or of prior
                                                               establishment, or by other bodies designated by that
of submission of the certificate.
                                                               country, as equivalent to certificates issued within its
                                                               own territory.
In the case of an undertaking, the certificate stating
that the activity has actually been carried on shall be
issued in respect of one of the natural persons                2.    Where a Member State imposes on its 'own
actually in charge of the transport activities of the          nationals certain requirements as to financial standing
undertaking.                                                   and where proof that such requirements are satisfied
 ---pagebreak--- No C 351/8                           Official Journal of the European Communities                             24.12.83
cannot be furnished . by means of the document                                       CHAPTER IV
referred to in paragraph 1, that State shall accept as
sufficient evidence, in respect of nationals of other
Member States, a certificate issued by a competent                                  Final provisions
administrative authority in the country of origin or
prior establishment, stating that the requirements in                                   Article 12
question have been met. Such certificate shall relate
to the specific factors regarded as relevant by the host         1. Member States shall bring into force the
country.                                                        measures necessary to comply with this Directive
                                                                before 1 July 1984 and shall immediately inform the
                        Article 10                              Commission thereof.
Articles 7 and 9 of this Directive shall also apply to
nationals of Member States who, pursuant to Regu-               They shall ensure that the initial examination of the
lation (EEC) No 1612/68, are engaged as employed                standards of competence referred to in Article 3 takes
persons in the activities referred to in Article 1.             place before 1 January 1987.
                        Article 11                              2. Member States shall forward to the Commission
                                                                the text of the main provisions of national law which
Member States shall, within the time limit laid down            they adopt in the fields covered by this Directive.
in the first subparagraph of Article 12 (1), designate
the authorities and bodies competent to issue the
certificates referred to in Article 7 (2). They shall                                  Article 13
immediately inform the other Member States and the
Commission thereof.                                             This Directive is addressed to the Member States.
 ---pagebreak--- 24.12.83                           Official Journal of the European Communities                               No C 351/9
                                                        ANNEX
                             LIST OF THE SUBJECTS REFERRED TO IN ARTICLE 3 (2)
         The knowledge to be taken into consideration for recognition of professional competence must
         relate to at least the subjects listed below. These must be described in detail and be defined or
         approved by the competent national authorities. The knowledge required must be such that it can be
         assimilated by persons whose educational level is equivalent to that obtained at the end of
         compulsory schooling.
         A. Subjects of which a satisfactory knowledge is required for carriers intending to engage solely in
             national transport operations
             1. Law
                Rudiments of civil law and commercial, social and tax legislation, knowledge of which is
                necessary for the pursuit of the occupation, particularly as regards:
                — contracts in general,
                — haulage contracts, in particular the liability of the carrier (nature and limits),
                — commercial companies,
                — business accounts,
                — labour and social security regulations,
                — the tax system.
             2. The commercial andfinancialmanagement of an undertaking
                — methods of payment and financing,
                — calculation of cost prices,
                — system of prices and terms of carriage,
                — commercial accounting,
                — insurance,
                — invoices,
                — transport agents.
             3. Access to the market
                — the provisions relating to access to and the pursuit of the occupation,
                — chartering systems,
                — transport documents.
             4. Technical standards and technical aspects of operation
                — the technical features of vessels,
                — the choice of vessels,
                — registration,
                — lay days and demurrage.
             5. Safety
                — the provisions laid down by law, regulation or administrative action concerning waterway
                    traffic,
                — accident prevention and measures to be taken in case of accident.
 ---pagebreak--- N o C 351/10                           Official Journal of the European Communities                                      24.12.83
              B. Subjects of which a satisfactory knowledge is required for carriers intending to engage in
                  international transport operations
                  — subjects listed under A,
                  — the provisions applicable to waterway transport between the Member States and between the
                      Community and non-member countries, laid down in national law, Community rules, and
                      international conventions and agreements, particularly with respect to:
                  — customs practices and formalities,
                 .— principal rules governing traffic in the Member States.
              Amendment to the proposal for a Council Decision dealing with structures and proce-
              dures for the management and coordination of Community research, development and
                                                       demonstration activities (')
                                                            COM(83) 73 5 final
              (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                           on 7 December 1983)
                      ORIGINAL PROPOSAL                                                       AMENDED PROPOSAL
                   (Doc. COM(83) 143 final)                                                   (changes in bold type)
                                            A r t i c l e s 1, 2, 4 a n d 6 u n c h a n g e d
                           Article 3                                                               Article 3
CGCs shall be composed of, at most, three rep-                           CGCs shall be composed of, at most, three rep-
resentatives of each Member State and the                                resentatives of each Member State and the
Commission. The representatives of Member States                         Commission. The representatives of Member States
shall be nominated by the Commission in agreement                        shall be nominated by the Commission in agreement
with their Governments. Their term of office shall be                    with their Governments on the basis of their scientific
four years, renewable.                                                   experience and knowledge of national scientific and
                                                                         technical policies in the field for which they are
                                                                         responsible. Their term of office shall be four years,
                                                                         renewable.
                           Article 5                                                               Article 5
The Commission shall ensure that all necessary                           The Commission shall ensure that all necessary
liaison between the CGCs takes place. The opinions                       liaison between the CGCs takes place. The opinions
and reports emanating from CGCs shall be passed to                       and reports emanating from CGCs shall be passed to
the Council and the Parliament by the Commission as                      the Council and the Parliament by the Commission in
required.                                                                each case.
                           ANNEX                                                                   ANNEX
List of CGCs set up by this Decision:                                    List of CGCs set up by this Decision:
— Industrial technology (except ECSC steel research),                    — Industrial technology (except ECSC steel research),
— Information technology,                                                — Information technology,
— Biotechnology,                                                         — Biotechnology,
O OJ No C 113, 27. 4. 1983, p. 5.