CELEX: 51997PC0501
Language: en
Date: 1997-10-06
Title: Amended proposal for a Council Directive amending Directive 96/26/EC 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

C 324 / 6            EN 1                   Official Journal of the European Communities                                 25 . 10 . 97
                                                                    II
                                                            (Preparatory Acts)
                                                      COMMISSION
              Amended proposal for a Council Directive amending Directive 96/26/EC on admission to the
              occupation of road haulage operator and road passenger transport operator and mutual recog­
              nition 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
                                                             (97 / C 324 / 05 )
                                                        (Text with EEA relevance)
                                                    COM(97) 501 final — 97/0029(SYN)
               (Submitted by the Commission pursuant to Article 189a (2) of the EC Treaty on 6 October 1997)
              The Commission proposal in document COM(97) 25 final — 97 /0029(SYN) (') is amended as
              follows :
              (') OJ C 95 , 24 . 3 . 1997 , p . 66 .
                      INITIAL PROPOSAL                                                        AMENDED PROPOSAL
                                                                 Recital 3
Whereas with regard to the provisions of good repute, it                 Whereas with regard to the provisions of good repute , it
is necessary to underline that this requirement is not                   is necessary to underline that this requirement is not
satisfied if natural persons who are deemed to satisfy this              satisfied if natural persons who are deemed to satisfy this
condition have been convicted of one serious criminal                    condition have been convicted of one serious criminal
offence or of certain repeated minor offences and to                     offence or of certain repeated minor offences and to
underline also the importance of the rules concerning the                underline also the importance of the rules concerning the
protection of the environment and professional liability ;               protection of the environment, combating fraud in the
                                                                         Community and common transit system and professional
                                                                         liability ; whereas in assessing whether repeated minor
                                                                         offences have occurred, the number of journeys carried
                                                                         out by the undertaking concerned also needs to be taken
                                                                         into consideration ;
                                                                 Article 1
                                        (amending Article 3 (2) (c) of Directive 96 / 26 / EC)
Have been convicted of a serious offence , repeated                      Have been convicted of a serious offence , repeated
minor offences against the rules in force concerning :                   minor offences against the rules in force concerning :
 ---pagebreak--- 25 . 10 . 97          EN |             Official Journal of the European Communities                                    C 324 / 7
                       INITIAL PROPOSAL                                                  AMENDED PROPOSAL
— the pay and employment conditions in the profession ,             — the pay and employment conditions in the profession,
     or                                                                  or
— road haulage or road passenger transport, as appro­               — road haulage or road passenger transport, as appro­
     priate, in particular the rules relating to drivers'                priate , in particular the rules relating to drivers'
     driving and rest periods , the weights and dimensions               driving and rest periods , the weights and dimensions
     of commercial vehicles , road safety and vehicle                    of commercial vehicles , road safety and vehicle
     safety, the protection of the environment and the                   safety, the protection of the environment, the
     rules concerning professional liability.                            Community and common transit system , and
                                                                         professional liability.
                                                                    In assessing whether repeated minor offences have
                                                                    occurred , the ratio of journeys carried out by the under­
                                                                    taking concerned to the number of offences committed
                                                                    shall be taken into account .
                                                           Article 1
                                     (amending Article 3 ( 3 ) (c) of Directive 96 / 26 /EC)
— The undertaking must have available capital and                   — The undertaking must have available capital and
     reserves of at least :                                              reserves as defined in Directive 78 / 660 / EEC of at
                                                                         least :
     ECU 9 000 when only one vehicle is used and ECU
     5 000 for each additional vehicle with a permissible                ECU 9 000 when only one vehicle is used and ECU
     payload of more than 3,5 tonnes, or of a permissible                5 000 for each additional vehicle with a permissible
     total laden weight of more than 6 tonnes , or per                   payload of more than 3,5 tonnes, or of a permissible
     vehicle so constructed and equipped as to be suitable               total laden weight of more than 6 tonnes , or per
     for carrying more than 20 persons , including the                   vehicle so constructed and equipped as to be suitable
     driver,                                                             for carrying more than 20 persons, including the
                                                                         driver,
— undertakings engaged in the occupation of road                    — undertakings engaged in the occupation of road
      haulage operator by means of vehicles the permissible              haulage operatorby means of vehicles the permissible
     payload of which does not exceed 3,5 tonnes, or the                 payload of which does not exceed 3,5 tonnes , or the
      permissible total laden weight of which does not                   permissible total laden weight of which does not
      exceed 6 tonnes , must for these vehicles have an                  exceed 6 tonnes , must for these vehicles have an
      available capital and reserves of at least ECU 9 000               available capital and reserves of at least ECU 9 000
      when only one vehicle is used and ECU 700 per 500                  when only one vehicle is used and ECU 700 per 500
      kg of the maximum authorized weight for each                       kg of the maximum authorized weight for each
      additional vehicle ,                                               additional vehicle ,
— undertakings engaged in the occupation of road                    — undertakings engaged in the occupation of road
      passenger transport operator by means of vehicles so               passenger transport operator by means of vehicles so
     constructed and equipped as to be suitable for                      constructed and equipped as to be suitable for
     carrying more than nine but not more than 20                        carrying more than nine but not more than 20
     persons, including the driver, must for these vehicles              persons, including the driver, must for these vehicles
      have an available capital and reserves of at least                 have an available capital and reserves of at least
      ECU 9 000 when only one vehicle is used and                        ECU 9 000 when only one vehicle is used and
      ECU 250 per seat for each additional vehicle .                     ECU 250 per seat for each additional vehicle .
                                                           Article 1
                                     (amending Article 6 ( 1 ) (3) of Directive 96 /26 / EC)
 Member States shall ensure that the competent auth­                 Member States shall ensure that the competent auth­
 orities assess between the second and third year during             orities assess between the second and third year during
 the period of five years whether or not the operator still          the period of five years whether or not the operator still
 fulfils the requirements of financial standing.                     fulfils the requirements of financial standing.
 ---pagebreak--- C 324 / 8         I EN I               Official Journal of the European Communities                                 25 . 10 . 97
                     INITIAL PROPOSAL                                                  AMENDED PROPOSAL
                                                                   Where this is not the case , the authorities may, where
                                                                   the undertaking's other economic circumstances give
                                                                   grounds for assuming that the requirements of financial
                                                                   standing will be fulfilled in the foreseeable future , delay
                                                                   the assessment for not more than one year.
                                                          Article 1
                                      (amending Article 7 ( 1 ) of Directive 96 /26 /EC)
    in paragraph 1 the words 'serious offences' are                — in paragraph 1 the words 'serious offences or minor
    replaced by 'a serious offence'.                                   repeated offences against the rules governing either
                                                                       road haulage or road passenger transport, as appro­
                                                                       priate' are replaced by 'a serious offence or repeated
                                                                       minor offences against the rules governing road
                                                                       haulage and road passenger transport, as set out in
                                                                       Article 3 (2) (c)'.
                                                          Article 2
Annex I is replaced by the Annex to this Directive.                Annex I to Directive 96/26/EC is replaced by the Annex
                                                                   to this Directive .
                                                          Article 3
Member States shall lay down the system of penalties for           The following new Article 13a is inserted :
breaching the national provisions adopted pursuant to                                       Article 13a
this Directive and shall take all the measures necessary to
ensure that those penalties are applied . The penalties            Member States shall lay down the system of penalties for
thus provided for shall be effective, proportionate and            breaching the national provisions adopted pursuant to
dissuasive . Member States shall notify the relevant               this Directive and shall take all the measures necessary to
provisions to the Commission not later than 1 July 1998            ensure that those penalties are applied. The penalties
and shall notify any subsequent changes as soon as                 thus provided for shall be effective, proportionate and
possible .                                                         dissuasive. Member States shall notify the relevant
                                                                   provisions to the Commission not later than 1 July 1998
                                                                   and shall notify any subsequent changes as soon as
                                                                   possible .
                                                          Article 5
This Directive shall enter into force on the day of its            This Directive shall enter into force on the 20th day
publication in the Official Journal of the European                following its publication in the Official Journal of the
Communities.                                                       European Communities.
The remainder of the text is unchanged .