CELEX: 51993PC0586
Language: en
Date: 1993-12-16
Title: Amended proposal for a COUNCIL DIRECTIVE on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (consolidated text)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(93) 586 final - SYN 479
                                                     Brussels, 16 December 1993
                               Amended proposal for a
                               COUNCIL DIRECTIVE
    on admission to the occupation of road haulage operator and road passenger
       transport operator and mutual recognition of diplomas, certificates and
        other evidence of formal qualifications intended to facilitate for these
             operators the right to freedom of establishment in national
                        and international transport operations
                               (consolIdated text)
   (presented by the Commission pursuant to Article 189a(2) of the EC Treaty)
 ---pagebreak---                                   - 2 -
                            EXPLANATORY MEMORANDUM
1. On 16 October 1990, the Commission tabled a proposal for a Council
   Directive consolidating Council Directives 74/561/EEC and 74/562/EEC on
   admission to the occupation of road haulage and road passenger transport
   operator respectively in national and international transport
   operations.1
2. Following comments from Luxembourg on 29 January 1992, the Council
   suggested to the Commission that the consolidated instrument should
    include Council Directive 77/796/EEC concerning 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 enable these operators effectively to
   exercise their right to freedom of establishment
3. The Commission accepted this suggestion and accordingly amended the
   above proposal for a directive, under Article 189a(2) of the EC Treaty,
   as shown in the attached text.
4. Like the original proposal, this amended consolidating proposal is
   designed to consolidate the legislation in accordance with the basic
   principles on which the Council, Parliament and the Commission agreed in
   1974: it is a legislative consolidation in so far as the new directive
   will replace the various directives involved; it fully respects the
   substance of the consolidated instruments and therefore does no more
   than combine them, making only the formal alterations required by the
   actual consolidation operation.
5. The Commission felt that it would be appropriate to base this amended
   proposal, incorporating Directive 77/796/EEC, solely on Article 75 of
   the «EC Treaty.
   Although Directive 77/796/EEC was based on Articles 49, 57 and 235 of
   the EC Treaty, it could be argued that the reference to this article is
   not Justified and that it is not necessary to have recourse to
   Articles 49 and 57 since the mutual recognition of diplomas is covered
   by a common policy (cf. mutatis mutandis, the arguments on the
   relationship between Articles 43 and 100 of the Treaty put forward by
   the Court in its judgments of 23 February 1988 in Cases 68/86 and
   131/86).
   Moreover, Articles 75 or 84(2), depending on the case, were also used as
   the legal basis for Directives 87/540/EEC (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), 91/670/EEC (on
   mutual acceptance of personnel licences for the exercise of functions in
   civil aviation) and 91/672/EEC (on the reciprocal recognition of
   national boatmasters' certificates for the carriage of goods and
   passengers by inland waterway).
   In addition, Directive 77/796/EEC has already been amended by Directive
   89/438/EEC, which is also based solely on Article 75.
1  SEC(90) 1864 final, 9.10.1990
 ---pagebreak---                                  - 3-
                      COUNCIL DIRECTIVE 74/561/EEC
                           of 12 November 1974
      on admission to the occupation of road haulage operator
          in national and international transport operations
                   (OJ No L 308, 19.11.1974, p. 18)
                          amended by Directives
        80/1178/EEC        (OJ No L 350, 23.12.80. p. 41)
         85/578/EEC        (OJ No L 372, 31.12.85, p. 34)
         89/438/EEC        (OJ No L 212, 22.07.89, p. 101)
                             and by Régulât ion
        (EEC) No 3572/90 (0J No L 353, 17.12.90, p. 12)
                      COUNCIL DIRECTIVE 74/562/EEC
                           of 12 November 1974
on admission to the occupation of road passenger transport operator
          in national and international transport operations
                    (OJ No L 308, 19.11.1974, p. 23)
                          amended by Directives
        80/1179/EEC        (OJ No L 350, 23.12.80, p. 42)
         85/579/EEC        (0J No L 372, 31.12.85, p. 35)
         89/438/EEC         (0J No L 212, 22.07.89, p. 101)
                          amended by Regulation
        (EEC) No 3572/90 (0J No L 353, 17.12.90, p. 12)
                      COUNCIL DIRECTIVE 77/796/EEC
                           of 12 December 1977
   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
                     (0J No L 334, 24.12.77, p. 37)
                          amended by Directives
        80/1180/EEC      (0J No L 350, 23.12.80, p. 43)
         89/438/EEC      (0J No L 212, 22.07.89, p. 101)
 ---pagebreak---                                   _ 4-
                            TABLE OF CONTENTS
                                                                     Page
Title I     Admission to the occupation of transport operator          â
            (Art. 1 - 7 )
Title I It  Mutual recognition of diplomas,                          17
            certificates and other evidence of formal qualifications
            (Art. 8 - 1 0 )
Title I I I Final provisions                                          20
            (Art. 11 - 15)
Annex I ;   List of contents referred                                 24
            to in Article 3 (4)
Annex 11    Part A. List of repealed Directives                      26
            Part B. Time-limits for implementation or                 ?7
            application
Annex 111 ; Correlation table                                         28
 ---pagebreak---                                                                                      -    5   -
                                                                      Amended proposal for a
                                                                      COUNCIL DIRECTIVE
                    on admission to the occupation of road haulage operator and road passenger
                            transport operator and mutual recognition of diplomas, certificates and
                             other evidence of formal qualifications intended to facilitate for these
                                       operators the right to freedom of establishment in national
                                                            and international transport operations
                                       THE COUNCIL OF THE EUROPEAN UNION,
                                           Having regard to the Treaty establishing the European
                                                         .   Community,       and       in  particular   Article 75
                                           thereof.
                                         Having regard to the proposal from the Commission^
                                          In cooperation with the European Parliament ('),.
                                         Having regard to the opinion of the Economic and Social
                                         Committee (23,
                                          Whereas Council Oirective 7-4/561/EEC of 12 November
                                          1974. on admission to the occupation of road haulage
                                          operator          in national and international                transport
                                          operations (3). Council Olrecllve 7</S62/EEC of 12
                                          November 1974 on admission to the occupation of road
                                          passenger           transport     operator          in national and
                                           international transport operations (4) and Council
                                          Oirective 77/796/EEC of 12 December 1977 aiming at the
                                          mulutal 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 (S) have been substantially
                                          amended; whereas^ f o r           reasons o f c l a r i t y   and r a t i o n a l i t y ,
                                         Che ssid Directives should be consolidated i n a
                                         single t e x t ;
                                                                                                                                    74/561/EEC
                                         Whereas the organization of the transport market is
                                         one of the essential factors in the i m p l e m e n t a t i o n of
                                         the common             transport  policy       provided   for i n the
                                         Treaty ;
                                                                                                                                    74/561/EEC
                                                                                                                                    (adapted)
                                          Whereas the adoption of measures aimed at coordi-
                                           nating the conditions of admiss.on to the occupations
                                         of road haulage             or   road p a s s e n g e r  transport
                                         operators           (hereinafter both referred t o as "road
                                         transport operator") i s              l i k e l y t o favour    effective
( I ) OJ No C                            exercise of the right of                  establishment of those operators;
( 2 ) OJ No C
( 3 ) OJ No I 3 0 8 . 1 9 . 1 1 . 1 9 7 4 . p . 1 8 . o« l o s t amended
      by r e g u l a t i o n  ( E E C ) No 3 5 7 2 / 9 0
      (OJ No L 3 5 3 . 1 7 . 1 2 . 1 9 9 0 . p .        12)
(4) OJ No L 308. 19. 11.1974. p. 23. as loct amended
      by regulation (EEC) No 3572/90
      (OJ No L 353. 17.12.1990. p. 12)
(5)   OJ No L 3 3 4 . 2 4 . 1 2 . 1 9 7 7 . p . 3 7 . o« l a s t     amended
      by d i r e c t i v e    89/438/EEC
      (OJ NO L 2 1 2 , - 2 2 . 7 . 1 9 8 9 , p. 101)
 ---pagebreak---                                        -6-
     Whereas it is necessary to provide for the introduction               74/561/EEC
    of common rules for admission to the occupation of
     road tTiaris<pjort operator in national and international
     transport operations in order to ensure that
       such      operators are better qualified, thus contri-
     buting to rationalization of the market, improvement
     in the quality of the service provided, in the interests
     of users, operators and the economy as a whole, and to
     ercater road safety ;
                                                                           74/561/EEC
      Whereas, therefore, the rules for admission to the
      occupation of road transport operator should cover the
      good repute, financial standing and professional
      competence of operators ;
                                                                           74/561/EEC
     Whereas, however, it is not necessary jo include in
     these common rules certain kinds of transport which
     are of limited economic importance ;
        Whereas _ s i nee
                                                                        3. 89/438/EEC
                     road haulage             ~-      i January 1993
       access to the market of transfrontierftransport operations
  has been governed by a system of Community licences issued
      on the basis of qualitative criteria;
      Whereas, as regards the good-repute requirement, it is               89/438/EEC
      necessary, in order effectively to reorganize the market, to
      make admission to the pursuit of the occupation of road t ransp >rt
      operator uniformly conditional on the applicant having no
      convictions for serious criminal offences, including offences
      of a commercial nature, not having been declared unfit to
      pursue the occupation and on compliance with the
      regulations applicable to the occupation of road
       transport operator;
      Whereas, as regards the requirement of appropriate financial         89/438/EEC
      standing, it is necessary, in particular in order to ensure the
      equal treatment of undertakings in the various Member
      States, to lay down certain criteria which road t ransport
      operators must satisfy;
      Whereas, in respect of good repute and financial stand-              77/796/EEC
      ing, it would be appropriate to acknowledge relevant
      documents issued by a competent authority in the road
      transport operator's country of origin or the country
      whence he comes as sufficient proof for admission to
      the activities concerned in a host Member State;
        Whereas, as regards ' the requirement of professional              89/438/EEC
        competence, it is advisable to stipulate that the applicant
road transport operator demonstrate such competence by passing
        a written examination but that Member States may exempt
        the applicant from such an examination if he provides proof
        of sufficient practical experience;
 ---pagebreak---                                   - 7-
  Whereas, in respect of professional competence, the        77/796/EEC
  certificates issued pursuant to the Community pro-
  visions on admission to the occupation of road transport
  operator, must be recognized as sufficient proof by the
  host Member State;
                                                             89/438/EEC
Whereas provision should be made for a system of mutual
assistance between Member States for the purpose of
applying this Directive;
                                                             74/561/EEC
Whereas the harmonization of conditions for applying
these common rules requires that provision be made
for a Community consultation procedure as regards
the appropriate national measures to be taken*
   Whereas t h i s Directive nust not affect the obligations
   of the Uember States concerning the deadlines for
   implementation or application of the Directives set
   out in Annex I I , part B,
HAS ADOPTED THIS DIRECTIVE
 ---pagebreak---                                  -8-
                             TITU" I
Admission to the occupation of road transport operator
                             Ankle   I
   I.     Admission to the occupation of road haulage      74/561/EEC
  operator 0 r        road passenger transport operator    74/562/EEC
           — shall be governed by the provisions adopted
   by the Member States in accordance with the
  common rules contained in this Directive.
                                                           89/438/EEC
  2.      For the purposes of this Directive,
  — uthe occupation of road haulage operator" means
              the activity of any undertaking transporting
       goods for hire or reward by means of either a
       self-contained motor vehicle or a combination of
       coupled vehicles.
       the occupation of road passenger transport
      operator"*     means       the activity of any
      undertaking operating, by means of motor
      vehicles so constructed'and equipped as to be
      suitable for carrying more than nine persons —
      including the driver — and intended for that
      purpose, passenger transport services for the
      public or for specific categories of users against
      payment by the person transported or by the
      transport organiser f
    "undertaking" means           any natural person, any
    legal person, whether--profit-making or not, any
    association or group of persons without legal
    personality, whether profit-making or not, or any
    official body, whether having its own legal
    personality or being dependent upon an authority
    having such personality.
 ---pagebreak---              -9-
                         Article 2
                                                               74/561/EEC
1.    This Directive shall not apply to                    __J5fl9/438/EEC
    undertakings tcngafl?riri in fre occupation of marl
haulage operator by means of vehicles the permissible
payload of which does not exceed 3-5 tonnes            or
the permissible total laden weight of which does not
exceed six tonnes.         Member States may, however,
lower the said limits for all or some categories of trans-
port operations.
2. Member States may, after consulting the
Commission, exempt from the application of all or
some of the provisions of this Directive .road                _789/438/EEC
 haulage        undertakings^ enga^H fyç'usivHy
national transport operations having only a minor
impact on the transport market because of :
— the nature of the goods carried, or
— the short distance involved.
                                                                   89/438/EEC
  In the event of unforeseen circumstances, Member
 States may grant a temporary exemption pending
 completion of the consultations with the
 Commission.
                                                                    74/562/EEC
 3. Member States may, after consulting the
 Commission, exempt from the application of all or
 some of the provisions of this Directive
             .undertakings, engaged exclusively in road            ->89/438/EEC
 passenger transport services for non-commercial
 purposes or having a main occupation other than that
 of road passenger transport operator, in so far as their
 transport operations have only a minor impact on the
 transport market.
 ---pagebreak---                          -10-
                                                                74/S61/EEC
  1.                               tUndertakings . wishing to
                                                              -5 89/438/EEC
  engage in the occupation of roadtransportoperator
  shall :
 (a) be of good repute ;
 (b) be of appropriate financial standing ;
 (c) satisfy the condition as to professional compe-
       tence.
  Where the applicant is a natural person and does not
  satisfy provision (c), the competent authorities may
  nevertheless permit him to engage in the occupation
 of road transportoperator provided that he designates
  to the said authorities another person, satisfying'provi-
  sions {a) and (c),            who shall continuously and
 effectively manage the transport operations of the
  undertaking.
     vThere the applicant is not a natural person:
                                                                 89/438/EEC
   — requirement (a) must be satisfied by the person
         or persons who will continuously and
         effectively manage the transport operations of
         the undertaking. Member Sûtes may require
         that other persons in the undertaking also
         satisfy this requirement,
    — requirement (c) must be satisfied by the person
         or persons referred to in the first indent.
  2.      Member States shall determine the conditions
 which must be fulfilled by undertakings established
 within their territory in order to satisfy the good-repute
 requirement.
 They shall provide that this requirement is not satisfied,
 or is no longer satisfied, if the natural person or persons
 who are deemed to satisfy this condition under paragraphe
a)    have been convicted of serious criminal offences,
      including offences of a commercial nature,
b)     have been declared unfit to pursue the occupation of
      road transport operator under any rules in
      force,
c)    have been convicted of serious, repeated offences
      against the rules          »n force concerning:
      — the pay and employment conditions in the
           profession, or
      — road haulage or           road passenger
            transport, as appropriate.
                          in particular the rules relating to
           drivers* driving and rest periods, the weights
           and dimensions of commercial vehicles, road
           safety and vehicle safety.
 In the cases referred to under a ) , b) and c ) , the
 good-repute requirement shall remain
 unsatisfied until rehabilitation or any other measure
 having an equivalent effect has taken place, pursuant to
 the existing relevant national provisions.
 ---pagebreak---                         -11 -
                                                                       89/438/EEC
3. (a) Appropriate financial standing shall consist in
           having available sufficient resources to ensure
            proper launching and proper administration
           of the undertaking.
     (b) For the purposes of assessing financial
           standing, the competent authority shall have
            regard to: annual accounts of the
            undertaking, if any; funds available,
           including cash at bank, overdraft and loan
            facilities; any assets, including property which
           are available to provide security for the
           undertaking; costs, including purchase cost or
           initial payment for vehicles, premises, plant
           and equipment, and working capital.
    <c) The undertaking must have available capital
          and reserves of at least ECU 3 000 per vehicle
          or ECU 150 per tonne of the maximum
          authorized weight 0"r'ECU 150 per s e a t ,
           as appropriate,^
                                    of the vehicles used by the
          undertaking, whichever is the lower.
          Member States may derogate from the first
         subparagraph in the case of transport
          undertakings which pursue their activities
          exclusively on the national market.
    (d) For the purposes of points (a), (b) and (c), the
          competent authority may accept as evidence
          of                                            .
           financial standing confirmation or assurance
          given by a bank or other suitably qualified
          establishment.           Such       confirmation        or
           assurance may be given in the form of a bank
          guarantee or by any other similar means.
    (e) Points (b), (c) and (d) shall apply only to
          undertakings authorized in a Member State,
          as from 1 January 1990, under national
         rules,          - t o c n g a g c i" t n c activities of
          road transport operator:
  4        The condition relating to professional
  competence shall consist in the possession of skills
  demonstrated by passing a written examination, which
  may take the form of a multiple-choice examination,
  organized by the authority or body designated for this
   purpose by each Member State in the sub,ects listed in
   the Annexi .
   Member States may exempt from L c x a m , n a . t l ° "           f
    apphcant road transport operators who provide proof of at
     least five years* praaical experience in a transport
     undertaking at management level.
 ---pagebreak---                          - 12 -
   Member States may exempt the holders of certain           89/438/EEC
   advanced diplomas or technical diplomas which
   provide proof of a sound knowledge of the subjects
listed in : . Annexil to be defined by them from sitting an
   examination in the subjects covered by the diplomas.
   A certificate issued by the authority or body referred to
   in the first subparagraph must be produced as proof of
   professional competence.
 ---pagebreak---                              - 13
                          Article 4
                                                                          Ï
                                                                            74/561/EEC
      Member States shall determine the circum-
stances in which a t r a n s p o r t undertaking may,
                           Article
notwithstanding                     3 (1). be operated on a
temporary basis for a maximum period of one year,
with extension for a maximum period of six months,
 in duly justified special cases, in the event of the death
or physical or legal incapacity of the natural person
engaged in the occupation of rood t r a n s p o r t o p e r a t o r or of
the natural person who satisfies the provisions of
Article 3 (1) (a) and (c).
      However, the competent authorities in the
 Member States may, by way of exception and in
certain special cases, definitively authorize a person
 not fulfilling the condition of professional compe-
 tence referred to in Article 3 (I) (c) to operate the
transport undertaking provided that such person
 possesses at least^three years' practical experience in
the day-to-day management of the undertaking.
 ---pagebreak---                                                     14 -
                                           Article 5
                                                                                 74/561/EEC
                    !..                            Undertakings furnishing
                   proof that, before 1 January l978vthey were autho-
                   rized under national     rules     in a Member State to
                   engage in the occupation either of road haulage o r           89/438/EEC
                 road passenger transport opeator, as a p p r o p r i a t e , in
                                                                                 (adapted)
                     national and/or international road transport operations
                    shall be exempt from the requirement to furnish
                     proof that they satisfy the provisions laid down in
                    Article 3.
                     2.    However, those natural persons who, after 31
                     December 1974 and before 1 January 1 9 7 $ were :
                    — authorized to engage in the occupation e i t h e r
                        of road haulage or road passenger transport
                        operator,
                        as appropriate, without having furnished proof,
                         under national regulations, of their professional
                         competence, or
                     — designated continuously and effectively to manage
                         the transport operations of the undertaking.
                     must satisfy, before I January 1980 the condition of
                     professional competence referred to in Article 3 (4).
                     The same requirement shall apply in the case referred
                     to in the third subparagraph of Article 3 (1).
(1) 1 January 1984 for Greece (Directives 80/1178/EEC and 80/1179/EEC)
    1 January 1986 for Spain and Portugal (Directives 85/578/EEC and 85/579/EEC)
    3 October 1989 for the territory of the former German Democratic Republic
    (Regulation (EEC) No 3572/90)
(2) 31 December 1980/1 January 1984 for Greece (Directives 80/1178/EEC and 80/1179/EEC)
    31 December 1982/1 January 1986 for Spain and Portugal (Directives 85/578/EEC and 85/579/EEC)
    2 October 1989/1 January 1992 for the territory of the former German Democratic Republic
    (Regulation (EEC) No 3572/90)
(3) 1 January 1986 for Greece (Directives 80/1178/EEC and 80/1179/EEC)
    1 January 1988 for Spain and Portugal (Directives 85/578/EEC and 85/579/EEC)
    1 July 1992 for the territory of the former German Democratic Republic
    (Regulation (EEC) No 3572/90)
 ---pagebreak---                        15 -
                              Article 6
     1.    Decisions taken by the competent authorities of          74/561/EEC
     the Member States pursuant to the measures adopted
     on the basis of this Directive and entailing the rejec-
     tion of an application for admission to the occupation
     of road transit opoator shall state the grounds on
     which they are based.
     2.    Member States shall ensure that the competent
     authorities withdraw the authorization to pursue the
occupation of road transport operator if they establish that
     the provisions of Article 3 (I) (a), (b) or (c) are no
     longer satisfied. In this case, however, they shall allow
     sufficient time for a substitute to be appointed.
     3.    With regard to the decisions referred to in para-
     graphs 1 and 2, Member States shall ensure that the
           ~           t undertakings i cove red by this Direc- J ^ 89/438/EEC
     tive are able to defend their interests by appropriate
     means.
 ---pagebreak---                             -16-
 Article 7                                               Article5a
1.     Where serious offences or minor, repeated         89/438/EEC
offences against the rules governing ei ther road
 haulage or road passenger transport, as                 (adapted)
 appropriate, have
been committed by non-resident "road transport operators
and might lead to withdrawal of the authorization to
practise as a road *ran?Pf'operator, the Member States
shall provide the Member State in which such a road
transport operator is established with all the
information in their possession concerning those
offences and the penalties they have imposed.
2.     If a Member State withdraws the authorization to
practise as a road transport operator in international
transport operations, it shall inform the Commission,
which shall pass the necessary information to the
Member States concerned.
3.     Member States shall afford each other mutual
assistance for the purpose of applying this Directive.
 ---pagebreak---                                               -17-
                                                 TITLE II
                        Mutual recognition of diplomas, certificates
                      and other evidence of formal qualifications
                                         Article   8                        Article 1 (l)
               1. Member Stare «hall, in respect of the activities re-      77/796/EEC
               ferred to *" **"£ Ûredâe take the measures defined in this
               Directive concerning the establishment in their ter-
               ritories of the natural persons and undertakings referred
               to in Tide.I of the General Programme for the abolition
               of restrictions on freedom of establishment D -
             2.. Without prejudice to paragraphs 3 and 4 / a
              host Member State shall, for the purpose of admission         Article 3
             tô the occupation cf road transport operator       t accept as
                                                                            77/796/EEC
              sufficient proof of good repute or of no previous bank-
              ruptcy an extract from a judicial record or, failing that,
              an equivalent document issued by a competent judicial
              or administrative authority in the road transport operator
              country of origin or the country whence he comes,
              showing that these requirements have been met.
             3 .. Where the host Member State imposes on its own
              nationals certain requirements as to good repute and
              proof that such requirements are satisfied cannot be
              obtained from the document referred to in paragraph 2 ,
               that State shall accept as sufficient evidence in respect of
              nationals of other Member States a certificate issued by
               a competent judicial or administrative authority in the
              country of origin or in the country whence the foreign
              national comes stating that the requirements in question
               have been met. Such certificates shall relate to the
               specific facts regarded as relevant by the host country.
             4 . Where the coun try of origin or country whence the
              foreign national comes does not issue the document
               required in accordance with paragraphs 2 and 3., such
              document may be replaced by a declaration on oath or
               by a solemn declaration — made by the person con-
              cerned before a competent judicial or administrative
              authority or, where appropriate, a notary in that per-
              son's country of origin or the country whence he comes;
              such authority or notary shall issue a certificate attest-
              ing the authenticity of the declaration on oath or sol-
              emn declaration. The declaration in respect of no pre-
              vious bankrupty may also be made before a competent
              professional body in the same country.
             5 . Documents issued in accordance with paragraphs 2
              and 3 shall not be accepted ii produced more than three
              months after their date of issue. This condition shall
              apply also to declarations made in accordance with
              paragraph 4.
TD" OJ No 2, 15.1.1962, p. 36/62.
 ---pagebreak---                      -18-
                        Article 9
1. Where in a host Member State a certificate is re-         Article 4
quired as proof of financial standing, that State shall
regard corresponding certificates issued by banks in the     77/796/EEC
country of origin or in the country whence the foreign
national comes or by other financial bodies designated
by that country, as equivalent to certificates issued in its
own territory.
2. Where a Member State imposes on its own
nationals certain requirements as to financial standing
and where proof that such requirements are satisfied
cannot be obtained from the document referred to in
paragraph 1, that State shall accept as sufficient evi-
dence, in respect of nationals of other Member States, a
certificate issued by a. competent administrative auth-
ority in the country of origin or in the country whence
the foreign national comes, stating that the require-
ments in question have been met. Such certificate shall
relate to the specific faas regarded as relevant by the
host country.
 ---pagebreak---                                                    -19-
                                          A rtic le 10
                                                                                           Article 5 ( 0
                          1. As from 1 January 1990 Member States shall                    D i r . 77/796/EEC
                         recognize as sufficient proof of professional competence          89/438/EEC
                        certificates as referred to in the fourth subparagraph of
                         Article 3 (4) " ' " / ' "               •
                          which are issued by another Member State.
                       2. With regard to                    -rj-i       undertakings        Article 5 (2)
                       authorized, before 1 January 1975, under national                   Dir, 77/796/EEC
                       rules m a Member State, to engage in the occupation
                       of road       haulage operator or road passenger transporjt
                       operator in national and/or international road transport
                       and in so far as the undertakings concerned are com-
                       panies or firms within the meaning of Article 58 of the
                       Treaty, Member States shall accept as sufficient proof of
                       professional competence certificates stating that the
                       activity concerned has actually been carried on in a
                       Member State for a period of three years. This activity
                       must not have ceased more than five years before the
                       date of submission of the certificate.
                                        a legal person
                       In the case of          v         the certificate stating that
                       the activity has actually been carried on shall be issued
                       in respect of one of the natural persons actually in
                       charge of the transport activities of the undertaking.
                     3. The certificates issued to road transport operators                  Article 4
               before 1 January 1990 as proof of their professional competence               89/438/EEC
                          pursuant to the provisions                ~
                          in force until that date shall be deemed equivalent to the
                                                                                      tn s
                          certificates issued pursuant to the provisions of             »
                          Directive.
(1) 1 January 1981 for Greece (Directive 80/1180/EEC)
 ---pagebreak---                                       TITLE ill
                                  Final provisions
                                       Article 11
            Member States shall, before 1 January 1979,               Article 6
                        designate the authorities and bodies com-     77/796/EEC
            petent to issue the documents referred to in Article 8(2)
                                                                      (adapted)
and in Arjticl.e 9 and the certificate referred to in Article 10 (2).
            They shall immediately inform the other Member States
            and the Commission thereof.
 ---pagebreak---                                                      - 21 -
                                                   A r t i c l e 12
                                              Shall                                 A r t i c l e 1 (2)
                       A r t i c l e s 8 to 11 v      also ;ipply to nationals of   77/796/EEC
                        Member States who, pursuant to Council Regulation
                       (EEC) No 1612/68 of 15 October 1968 on freedom of
                       movement for workers within rhe Community f| ), carry
                       on the activities          /\                in the capacity
                       of employees.
                        ' of road haulage or road passenger transport
                          operator t
(1) OJ No L257, 19.10.1968, p . 2.
 ---pagebreak---                              - 22 -
                            Article   13
                                                                Article 5
  1.    Member States shall take the measures necessary to
comply with the Provisions of              thisDircctivc.no     89/438/EEC
  later than the dates l i s t e d in Annex H, part B           (adapted)
 after consulting the Commission.
 2.     Member States shall communicate t o the Commission the
 text of the provisions of national law which they adopt in the
 field covered by this Directive.
 ---pagebreak---                                   -23-
                    Article 14
 The Directives listed in Annex II, part A are hereby
 repealed, without prejudice to the obligations of the
 Member      States       regarding      the time-limits for
 implementation or application set out in Annex II, part B.
 References to the said Directives shall be construed
 as references to this Directive and shall be read in
 accordance with the correlation table set out in Annex III,
                          Article  15
This Directive is addressed to the Member States.
Done at    Brussels,
                                      For the Council
                                       The President
 ---pagebreak---                                                              -24-
                                                 ANNEX       J
                                                                                                        74/561/EEC
                      LIST OF SUBJECTS REFERRED TO IN ARTICLE 3 (4)
The knowledge to be taken into consideration (or the official recognition of-professional competence
must cover at least the subjects listed below. These must be described in full detail and have been
worked out or approved by the competent national authorities. They must be so designed as to be
within the grasp of those pesons whose education corresponds to the level normally reached at
school-leaving age.
A. SUBJECTS OF WHICH KNOWLEDGE IS REQUIRED FOR ROAD TRANSPORT OPERATORS
    INTENDING TO ENGAGE EXCLUSIVELY IN NATIONAL TRANSPORT OPERATIONS
    1. L A W
         Elements of civil, commercial, social and fiscal law, u necessary for engaging in the occupa-
         tion, with particular emphasis on :
         — general contracts ;
         — transport contracts, with particular reference to the responsibility of the haulage operator
              (nature and limits);
         — commercial companies ;
         — ledgers ;
         — rules           governing labour, social security;
          — taxation systems.
     2 . Road haulage operator
          a ) Business and financial management of an undertaking
              — methods of payment and financing ;
               — costing ;
               — pricing and haulage terms ;
               — business accounts ;
               — insurance ;
               — invoicing ;
               — transport agents.
               — management techniques.
               — marketing.                                                                               89/438/EEC
           b ) Access to the market
                                                                                                          74/561/EEC
                — provisions^ relating to the talcing up and pursuit of the occupation ;
                — transport documents.
           c ) Technical standards and aspects of operation
                — weight and dimensions of vehicles ;
                — vehicle selection ;
                — type-approval and registration ;
                — vehicle maintenance standards ;
                — loading and unloading of: vehicles.
                —    carriage of dangerous goods;
                                                                                                          89/438/EEC
                —    carriage of foodstuffs,-
                —    the    relevant    environmental       protection
                     concepts with reference to the use and
                     maintenance of motor vehicles.
              d) Road safety
                                                                                                          74/561/EEC
                  — laws, regulations and administrative provisions applicable to traffic ;
                  — traffic safety;
                  — accident prevention and procedure in the event of an accident.
 ---pagebreak---                                                          -25-
 3.     Road passenger transport operator                                                                               74/562/fEC
         a) Business and financial management of an undertaking
              — methods of payment and financing;
              — costing ;
                 system of fares, prices and conditions of transport ;
              — business accounts ;
              — insurance ;
              — invoices ;
              — travel agencies;
               — nanagenent techniques;
               — «arketing.
                                                                                                                     ]   69/t38/EEC
         b ) Regulation of road passenger services
                                                                                                                     1   74/5Ô2/EEC
              — institution of transport services and transport plans ;
              — conditions of fulfilment of passenger services ;
              — provisions relating, to admission to and pursuit of the occupation :
              —• transport documents.
          c ) Technical standards and aspects of operation
              — vehicle selection ;
              — type-approval and registration ;
              — vehicle maintenance standards.
              —    the relevant environmental protection concepts                                                        89/438/EEC
                   with reference to the use and maintenance of
                   motor vehicles.                                                                                   ]
            d ) Road safety                                                                                              74/562/EEC
                — laws, régulations and administrative provisions applicable to traffic;
                — traffic safety;
                — geographical knowledge of routes ;
                — accident prevention and procedure in the event of an accident.
B. SUBJECTS OF WHICH KNOWLEDGE IS REQUIRED FOR ROAD TRANSPORT OPERATORS
    INTENDING TO ENGAGE IN INTERNATIONAL TRANSPORT
                                                                                                                      1    74/551/EEC
    — subjects listed under A 1, 2 or 3 , as appropriate;
    — provisions applicable e i t h e r to the transport of goods or of p a s s e n g e r s by
       road, as a p p r o p r i a t e , between Member S t a t e s and between the _ _ _ _ _ _ _
       Community and non-member countries, arising out of national laws. Community standards,
       international conventions and agreements ;
    — customs p r a c t i c e s and other f o r m a l i t i e s r e l a t e d to t r a n s p o r t c o n t r o l s ;
    — main traffic regulations in the Member Stales.
 ---pagebreak---                                    -26-
                              A N N E X  II
                                  Part A
                           Repealed Directives
                       (referred to In Article 14)
- Directive 74/561/EEC
- Directive 74/562/EEC
- Directive 77/796/EEC
and their successive amendments :
- Directive 80/1178/EEC
- Directive 80/1179/EEC
- Directive 80/1180/EEC
- Directive 85/578/EEC
- Directive 85/579/EEC
- Directive 89/438/EEC
  Regulation (EEC) 3572/90 : only Articles 1 and 2
 ---pagebreak---                                      -27-
                                      PART B
Directive                                     Deadline -for inpiementation or .application
74/561/EEC  (OJ No L 308, 19.11.1974, p. 18) 1  January   1977
                                             1  January   1978
80/1178/EEC (OJ NO L 350, 23.12.1980, p. 41) 1  January   1981
85/578/EEC (OJ No L 372,  31.12.1985, p. 34) 1  January   1986
89/438/EEC (OJ No L 212.  22.07.1989, p.101) 1  January   1990
74/562/EEC  (OJ No L 308, 19.11.1974, p. 23) 1  January   1977
                                             1  January   1978
80/1179/EEC (OJ No L 350, 23.12.1980, p. 42) 1  January   1981
85/579/EEC (OJ No L 372,  31.12.1985, p. 35) 1  January   1986
89/438/EEC (OJ No L 212,  22.07.1989, p.101) 1  January   1990
77/796/EEC  (OJ No L 334, 24.12.1977, p. 37    1 January 1979
80/1180/EEC (OJ No L 350, 23.12.1980, p. 43  1 January 1981
89/438/EEC (OJ No L 212,  22.07.1989, p.101) 1 January 1990
 ---pagebreak---                                                          -28-
                                                   A N N E X    III
                                                  CORRELATION TABLE
           Direct ive            Direct ive          Direct ive      Di rect ive
           74/561/EEC            74/562/EEC          89/438/EEC      77/796/EEC  This Direct ive
Article 1 (1)            Article 1 (1)                                           Art ic e  1  (1)
Article 1 (2) 1st indent                                                         Art ic e  1  (2) 1st indent
                         Article 1 (2) 1st indent                                Art ic e  1  (2) 2nd indent
Article 1 (2) 2nd indent Article 1 (2) 2nd indent                                Art ic e  1  (2) 3rd indent
Article 2 (1), (2)                                                               Art ic e     (1), (2)
                         Article 1 (3)                                           Art ic e     (3)
Article 3                Article 2                                               Art ic e
Article 4                Article 3                                               Artie  e
Article 5                Article 4                                               Art ic e
Article 6                Article 5                                               Art ic e
Article 6a               Article 5a                                              Art ic e
Article 7                Article 6
                                                                    Art.  1 (1)  Artie e 8 (1)
                                                                    Art.  3      Art ic e 8 (2)
                                                                    Art.  4      Artie     9
                                                                    Art.  5 (1)  Art ic    10 (1)
                                                                    Art.  5 (2)  Art ic    10 (2)
                                                    Art icle 4                   Artie     10 (3)
                                                                    Art. 6       Artie     11
                                                                    Art. 1 (2)   Artie     12
                                                    Article 5                    Art ic    13
                                                                                 Artie     14
Article 8                Article 7                                               Artie     15
Annex point A.1          Annex point A.1                                         Annex     point A.1
Annex point A.2, 3, 4, 5                                                         Annex     point A.2 a)   b ) , O , d)
                         Annex point A.2, 3, 4, 5                                Annex     point A.3 a)   b ) , O , d)
Annex point B            Annex point B                                           Annex     point B
                                                                                 Annex    I Part A
                                                                                 Annex    I Part B
                                                                                 Annex    II
 ---pagebreak---                                              -29-
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                                                      DOCUMENTS
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