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 format 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. (submitted by the Commission)

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COM (88) 95
Vol. 1988/0027
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM ( 88 ) 95 final
                                                              Brussels , 10 March 1988
                                     Proposai 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                       occupation of road passenger
   transport operator in national and- international
                                                  international transport operations
   directive 77 / 796 / EE                            recognition of diplomas ,
   certificates and other                             qualifications for goods haulage
   operators and road I                               a ;tors , including measures intended
   to encourage these                                   exercise their right to freedom
   of establishment .
                            ( submitted by the Commission )
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
                                                                     c°tl-
1 . General considérations
      In 1985 the Commission submitted to the Council a proposai for a
      Régulation laying down the conditions under which non-resident carriers
      may operate national road haulage services within a Member State ( 1 ) and
      in 1987 they made a similar proposai for a Régulation laying down the
     conditions under which non-resident carriers may operate national road
     passenger transport services within a Member State ( 2 ).
      The purpose of the two proposals is to enable non-resident operators ,
      both persons and companies , who are established in a Member State and
      are entitled to carry out international goods or passenger transport
      operations by road to undertake similar national transport operations
      ( cabotage ) temporarily within another Member State , without
      discrimination on grounds of nationality or place of establishment .
      Listed in the Commission 's proposal as one of the criteria for being
      able to undertake cabotage operations , is that the operator must satisfy
      the conditions of Council Directive 74 /561 / EEC on admission to the
      occupation of road haulage operator or of Council Directive 74 /562/EEC
      on admission to the occupation of carrier of passengers by road .
      The Commission has also submitted two proposals to the Council to enable
      non-resident operators to work on any international goods and passenger
      transport routes within the Community , namely a proposal for a Council
      Regulation on access to the market for the carriage of goods by road
      between Member States ( 3 ) and a proposal for a Council Regulation on
      common rules for the international carriage of passengers by coach and
      bus ( 4 ).     These proposed Regulations lay down similar criteria to those
      in the cabotage proposals for operating in the international markets ,
      including the requirement to be established in a Member State and
      authorized to undertake international operations , as well as fulfilling
      the provisions of the above-mentioned Directives . In addition , in the
      case of international goods transport , the operator should also have had
      three years prior experience on the domestic market .
       These four proposals for freedom to provide services in the transport
      sector have been made in accordance with the provisions of article
       75(1 ) of the Treaty , as confirmed by the Judgement of 22 /05 /1985 of the
      Court of Justice in case no . 13 / 83 .
      Directives 74/561 /EEC and 74/562 / EEC have worked fairly well up till now
      but there are disparities over their implementation . The exceptions are
       Italy , Greece and Spain which still have not implemented either
      Directive correctly and Portugal which has not implemented Directive
       74 / 562 / EEC .
      Furthermore , no detailed provisions for the criteria of " good repute "
      and " appropriate financial standing " are given in the Directives , which
       indicated that these would be established later .
2 . One conséquence of the opening up of national and international
       Community markets to operators from all Member States is that they will
       all be free to work anywhere , provided that they meet the criteria
       mentioned above .
 ( 1 ) O.J. C 349 of 31 / 12 / 1986
 ( 2 ) O.J. C 77 of 24 /03 /1987
 ( 3 ) O.J. C 65 of 12 /03 /1987
 ( 4 ) O.J. C 120 of 06 /05 / 1987                                           г
                                                                    •••/•••
 ---pagebreak---                                                                   2
    Therefore.-, in the discussion in the Council of the four above-mentioned
    Cor mission proposals , and especially the proposal on access to the
    market for the carriage of goods by road between Member States , the
    Council has asked for the Directives on access to the profession of
    goods and passenger transport operator to be harmonized and for the
    provisions governing good repute and appropriate financial standing to
    be set out in more detail .
    Indeed , this task must be carried out in order to ensure that operators
    are competing on a fair and similar basis for the same work , to maintain
    and , where necessary , raise standards in the road transport profession
    and to facilitate Member States in checking that non-resident operators
    meet the minimum requirements laid down in the Commission 's four
    proposals referred above . For all these reasons , now is an appropriate
    time to harmonize the implementation of the measures laid down in the
    Directives and to lay down minimum conditions for good repute and
    appropriate financial standing .
3 . So , the attached proposai amending Council Directives 74 /561 / EEC and
    74 /562 / EEC aiins to specify the minimum criteria for good repute for a
    person to enter and to continue to work as a road transport operator in
    goods and passenger transport , namely the absence of convictions for
    certain serious and repeated offences .
    It lays down a minimum financial guarantee which an operator must have
    in order to ensure that he can run his business effectively and safely .
    It introduces the requirement that every new operator should have to
    have had both practical experience and have followed courses , followed
    by passing an examination , to prove his professional competence , instead
    of the present system where practical experience and technical knowledge
    are alternatives . Certain new subjects are also introduced in the list
    of topics which operators must have a knowledge of in order to pass this
    examination , the most important of which is the carriage of dangerous
     goods . It is self-evident that these operations must be carried out as
     efficiently and safely as possible .
                                                          *
     A new obligation is imposed on Member States to inform each other of
     infringements committed by operators that could lead to withdrawal of
     the right to practise and of the actual ban on practising as an
     operator . This mutual information by Member States will be especially
     important in the future open Community transport market and should help
     maintain professional standards .
     A minor consequential amendment has to be made to Directive 77 / 796/ EEC
     aiming at the mutual recognition of diplomas .
     These amended Directives should lead to a better , more efficient and
     thus more profitable road transport market , which will be of immediate
     benefit to the road transport industry and to its users .
     This should , as a resuit , boost the overall economy of the Community to
     the benefit of everyone .
                                                                    J
 ---pagebreak---                            SPECIFIC CONSIDERATIONS
Article 1 , point 1
Since 3.5 tonnes maximum permissible weight is a minimum weight for
applying other Community legislation , it seems appropriate to introduce it
in this Directive too .
Article 1 , point 2 + Article 2 , point 1
It is desirable to specify t tie minimum requirements for " good repute " in
order to obtain a certain uniformity in the criteria and practices of
Member States .
Article 1 , point 3 + Article 2 , point 2
It is also desirable , for the reasons given above concerning point 2 , to
lay down specific minimum financial requirements for operators .
Article 1 , point 4 + Article 2 , point 3
To ensure that potential operators have an adequate and similar minimum
professional competence , the requirement that they must all in the future
follow courses and obtain practical experience , plus pass an examination is
introduced . Furthermore , this amendment means that a person holding a
qualification in certain subjects covered by the examination for
professional competence may be exempted from having to take the examination
in those subjects , but not the entire examination , as is at present the
case .
Article 1 , point 5 + Article 2 , point 4
A new obligation is introduced for Member States to inform each other of
offences committed in the course of international transport operations
which could lead to a ban on practising as an operator , and for a Member
State to inform the other States where an operator is no longer permitted
to practise in inl.crmiH nnnl operations . This is in order to enable
enforcement authorities to check more easily on operators working outside
their State of establishment .
Article 1 , point 6 + Article 2 , point 5
It is appropriate to supplement the present list of points of which
operators must have some knowledge with the new points added to the annex ,
in particular , and self-evidently , the carriage of dangerous goods , for
road hauliers .
Article 3
 This amendment is consequential on the new requirement that operators shall
pass an examination .
Article 4
No comment .
                                                                          V
 ---pagebreak---                                 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 , and 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
THE COUNCIL OF THE EUROPEAN COMMUNITI ES ,
Having regard to the Treaty establishing the European Economic Community , and in
particular Article 75 thereof ,
Having regard to the proposal from the Commission ( 1 ),
Having regard to the opinion of the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
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, and improve the
quality of the services provided by operators and to ensure that the right to freedom
of establishment, is effectively exercised ;
Whereas these Directives lay down three criteria for admission to the occupation of
road haulage operator , namely good repute , appropriate financial standing and
professional competence ; whereas , although they lay dcwn a number of rules governing
professional competence , they do not define the content of the first, two criteria ,
leaving it to the Member States to adopt, appropriate measures at national level ;
whereas they do , however , recommend coordination of such measures at a later date ;
 ---pagebreak---                                              2
Whereas , on 30 .Tune       the Council adopted conclusions calling for the definitive
organization of a free int ra-Conmunity market in road haulage to include a system of
Ci mmunit.y authorizations issued on the hasis of purely gualitat.ive criteria *
Whereas , in order to ensure establishment of the freedom to provide transport
services , including the admission of non-resident carriers to national transport,
operations in Member States , it is essential to coordinate and harmonize as far as
possible , by means of cannon rules , the basic conditions governing practising as an
operator and withdrawal of the right to practise ;
Whereas such harmonization is also necessary to ensure equal conditions of competition
between road hauliers and road passenqer transport operators established in the Member
St ates ;
Whereas , in view of the other Community rules which apply to road haulage , the
provisions goveminq admission to the occupation of road haulage operator must be
extended to perators using vehicles with a maximum permissible weight of over 3.5
tonnes ;
Whereas , as regards the criterion of good repute , special requirements must be laid
down uniformly throughout the transport sector to cover admission to the occupation of
road haulier and passenger transport operator and the exercise of those professions in
addition to the general conditions of good conduct required in any ccmtercial
profession , in order to effectively reorganize the market ;
Whereas , in respect of financial standing , there should be a minimum number of
 financial guarantees which operators must have in order to practise their profession ,
 to ensure that they satisfy their professional obligations and to guarantee equality
of treatment, for undertakings from different Member States ;
Whereas , as regards professional competence , it would be expedient , in the light of
 the way in which national measures implementing Directives 74/ 561 /EEC and 74/ 562/ EBC
have been applied , to define certain aspects thereof .
 ---pagebreak--- and to add other subjects to the list of skills required of operators , in particular
environmental protect.ion safeguards in the case of road hauliers and passenaer
carriers , and precaut.ions to be taken in the carriage of dangerous gocds by road ;
Whereas the provisions of Directive 77/ 796/ EEC on the mutual recognition of
certificates as evidence of qualifications for the occupation of road haulage or
passenger transport operator , including proof of practical experience , must be amended
to include the new criterion that operators must pass an examination ;
HAS ADOPTED THIS DIRECTIVE ;
                                          Article 1
Directive 74,/ 561 /EEC is hereby amended as follows :
1 . Article 2(1 ) shall be replaced by the following :
    "This Directive shall not apply to natural persons or undertakings which use
    vehicles with a maximum permissible weight of less than 3.5 tonnes for road haulage
    operations ".
2 . Article 3(2 ) shall be replaced by the following :
    "Good repute shall consist of not only satisfying the general conditions required
    to exercise any commercial profession but also of not having been convicted over
    the last three years of any offences which would bar such persons from exercising
    their profession under national , Community and international transport and traffic
 ---pagebreak---     laws , and in particular t.he rales governing drivers’ driving and rest periods , road
    safety , vehicle safety and the obligations of company management ".
3 . The last sentence in Article 3(3 ) shall be replaced by the following :
    " Fbr this purpose the undertaking must always be able to provide proof that it
    possess financial guarantees corresponding to 10% of the purchase value of each
    vehicle it uses . This sum may be reduced by Member States , after consultation of
    the CaTtnission , inlight of the circumstances of operators , in particular , their
    size " .
4 . Article 3(4 ) shall be replaced by the following :
    "The condition of professional competence shall consist in possessing skills
    demonstrated by passing a written examination organized by the authority designated
    for this purpose by each Member State in the subjects listed in the Annex . The
    necessary knowledge shall be acquired by attending courses and by practical
    experience gained by carrying out relevant work in a transport undertaking for at
     least five months . Member States may exempt t.he holders of certain advanced
    diplomas or technical diplomas which provide proof of a sound knowledge of the
    subjects listed in the Annex to be defined by them from sitting an examination in
    the subjects covered by these diplomas . A certificate issued by the authority
     referred to in the preceding subparagraph must be produced as proof of professional
    competence " .
 ---pagebreak---                                               - 5 -
5 . The following article shall be inserted :
    " Article 6a
    1 . Member States shall exchange any information 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 on the penalties imposed .
    2 . If a Member State withdraws the right to practise as a road haulage operator in
         international transport, operations , it shall inform the ot.her Member States ".
6 . The following shall be added at the end of point 2 in paragraph A of the Annex :
    "- management techniques for a road haulage undertaking ;
      - logistics ;
      - commercial practices ".
    Point 5 in the Annex shall be replaced by the following :
    " 5 . Road safety and environmental protection .
                                                                                      S
 ---pagebreak---                                                 6
           laws , regulations and administrative provisions applicable to traffic ;
          traffic safety ;
          accident prévention and procedure in the event of an accident ;
          earriago of dangerous goods ;
          carriaqe of foodstuffs in containers in which dangerous goods have been
          carried ;
          national environment a 1 laws and régulations ".
                                            Article 2
Directive 74,/ 562 / ETFC îs hereby amended as follows :
1 . Article 2(2 ) shall be replaced by the follcwing :
    "Good repute shall consist of not only satisfying the general conditions required
    to exercise any commercial profession but also of not having been convicted over
    the last three years of any offences which would bar such persons from exercising
    their profession under national , Community and international transport and traffic
    laws , and in particular the rules governing drivers' driving and rest periods , road
    safety , vehicle safety and the obligations of company management ".
2 . The last sentence in Article 2 ( 3 ) shall be replaced by the following :
    " For this purpose the undertaking must always be able to provide proof that it
    possess financial guarantees corresponding to 10% of the purchase value of each
    vehicle it uses . This sum may be reduced by Member States , after consultation of
    the remission , mlight of the circumstances of operators , in particular , their
    size " .
 ---pagebreak---                                                7
3 . Article 2(4 ) shall be replaced by the following :
    "The condition of professional competence shall consist in possessing skills
    demonstrated by passing a written examination organized by the authority designated
    for that purpose by each Member State in the subjects listed in the Annex . The
    necessary knowledge shall be acquired by attending cources and by practical
    experience gained by carrying out relevant work in a transport undertaking for at
    least five months . Member States may exempt the holders of certain advanced
    diplomas or technical diplomas which provide proof of a sound knowledge of the
    subjects listed in the Annex to be defined by them frcm sitting an examination in
    the subjects covered by these diplomas . A certificate issued by the authority
    referred to in the preceding subparagraph must be produced as proof of professional
    competence " .
4 . The following article shall be added :
    " Art ide 5a
    1.     Member States shall exchange any information 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 on the penalties imposed .
    2.     If a Member State withdraws the right to practise as a road haulage opéra tor
           in international transport operations , it shall inform the other Member
           States " .
5 . The following shall be added at the end of point 2 in paragraph A of the Annex :
        management techniques for a road transport undertaking ;
      - logistics ;
      - commercial practices ".
 ---pagebreak---                                              - 8 -
    - Point. 5 in the Annex shall be replaced by t.he following :
    " 5 . Road safety and environmental protection
    - laws , régulations and administrative provisions applicable t.o traffic ;
    - traffic safety ;
    - accident prévention and procedure in the event of an accident ;
    - national environmental laws and régulations ".
                                          Article 3
Directive 77/ 796/ EEC is hereby amended as follows :
The phrase "or three years' practical expérience " at the end of Article 5(1 ) shall be
deleted .
                                         Article 4
1 . The provisions of Article 1(1 ) and ( 4 ); Article 2(3 ) and Article 3 of this
    Directive amending Directives 74/ 561 / EEC , 74/ 562/ EEC and 77 / 796/ERC shall not apply
    to road transport operators authorised to practise before 1 January 1990 .
2 . Road transport opéra tors covered by t.he preceding paragraph shall be subject t.o the
    provisions of Directives applying before this Directive enters into force .
 ---pagebreak---                                           - 9 -
                                        Article 5
i . Member States shall adopt the measures necessary to implement the provisions
    amended by this Directive after consulting the Commission . These provisions shall
    take effect from 1 January 1990 .
2 . Member States shall forward to bhe Conmission the text of the main provisions of
    national law which they adopt in the field covered by this Directive .
                                        Article 6
This Directive îs addressed to the Member States .
Done at Brussels
                                                           For the Council
                                                           The President