CELEX: 51996FC0026
Language: en
Date: 2006-12-11
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] 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 (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(2004) XXX

                                        NOT FOR PUBLICATION

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

  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

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Council Directive 96/26/EC of 29 April 1996 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[3]. The new Directive will supersede the various acts incorporated  in  it[4];  this  proposal  fully  preserves  the
       content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the
       codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of  Directive  96/26/EC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       contained in Annex IV to the codified Directive.

                                            ê 96/26/EC (adapted)

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

  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 EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Ö 71 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Having regard to the opinion of the Committee of the Regions[6],

Acting in accordance with the procedure referred to in Article Ö 251 Õ of the Treaty[7],

Whereas:

                                            ê .

   1) Council Directive 96/26/EC of 29 April 1996 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[8] has been substantially amended several times[9]. In
      the interests of clarity and rationality the said Directive should be codified.

                                            ê 96/26/EC Recital 1 (adapted)

                                            ê 96/26/EC

   2) The organization of the transport market is one of the essential factors in the implementation of the common transport policy provided  for
      in the Treaty.

   3) The adoption of measures aimed at coordinating the conditions of admission to the occupations of road haulage or road  passenger  transport
      operators (hereinafter both referred to as «road transport operator») is likely to favour effective exercise of the right of  establishment
      of those operators.

   4) It is necessary to provide for the introduction of common rules for admission to the occupation of road transport operator in national  and
      international transport operations in order to ensure that such operators are better qualified, thus contributing 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 greater
      road safety.

   5) Therefore, the rules for admission to the occupation of road transport operator should  cover  the  good  repute,  financial  standing  and
      professional competence of operators.

   6) However, it is not necessary to include in these common rules certain kinds of transport which are of limited economic importance.

   7) Since 1 January 1993, access to the market of transfrontier road haulage transport operations has been governed by a  system  of  Community
      licences issued on the basis of qualitative criteria.

                                            ê 96/26/EC (adapted) and 98/76/EC Recital 4 (adapted)

   8) As regards the good-repute requirement, it is necessary to make admission to the pursuit of  the  occupation  of  road  transport  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. Ö Requirements concerning the protection of the environment and professional liability should also be included. Õ

                                            ê 96/26/EC

   9) As regards the requirement of appropriate financial 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 transport operators must satisfy.

  10) In respect of good repute and financial standing, 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.

  11) ê 96/26/EC (adapted) and 98/76/EC Recital 6 (adapted)

  12) Ö With regard to professional competence, it is necessary that applicant road transport operators provide proof  of  a  harmonised  minimum
      level of training in the same subjects and that they hold certificates,  drawn  up  in  accordance  with  a  comparable  model,  certifying
      professional competence, in the commercial field in particular, at a harmonised minimum level and on the basis of uniform  testing  methods
      in all the Member States. It is also necessary, for this purpose, to harmonise certain aspects of the organisation  of  the  examination. Õ
      Member States may exempt the applicant from such an examination if he provides proof of sufficient practical experience.

                                            ê 96/26/EC

  13) In respect of professional competence, the certificates issued pursuant to the Community provisions on admission to the occupation of  road
      transport operator must be recognized as sufficient proof by the host Member State.

  14) Provisions should be made for a system of mutual assistance between Member States for the purpose of applying this Directive.

                                            ê 98/76/EC Recital 11

  15) It is necessary to check periodically whether authorised transport operators still  fulfil  the  requirements  of  good  repute,  financial
      standing and professional competence.

                                            ê 98/76/EC Recital 12

  16) It is necessary for Member States to impose effective, proportionate and dissuasive penalties in the interests of the smooth  operation  of
      the internal market.

                                            ê 96/26/EC Recital 14 (adapted)

  17) This Directive Ö should be without prejudice to Õ the obligations of the Member States Ö relating to the time-limits for transposition into
      national law Õ of the Directives set out in Annex Ö III Õ , Part C,

                                            ê 96/26/EC

                                                           HAVE ADOPTED THIS DIRECTIVE:

                                                                    CHAPTER I

                                              Admission to the occupation of road transport operator

                                                                    Article 1

1. Admission to the occupations of road haulage operator or road passenger transport operator shall be governed by the provisions adopted by  the
Member States in accordance with the common rules contained in this Directive.

2. For the purposes of this Directive:

                                            ê 98/76/EC Art. 1 pt. 1 first indent

(a)   « occupation of road haulage operator» means the activity of any undertaking transporting goods for hire or reward by  means  of  either  a
       motor vehicle or a combination of vehicles;

                                            ê 96/26/EC

(b)   « 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 organizer;

(c)   «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;

                                            ê 98/76/EC Art. 1 pt. 1 second indent

(d)   «normal residence» means the place where a person usually lives, that is for at least 185 days in each calendar year, because  of  personal
       and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that
       person and the place where he is living.

      However, the normal residence of a person whose occupational ties are in a different place from his  personal  ties  and  who  consequently
       lives in turn in different places situated in two or more Member States shall be regarded  as  being  the  place  of  his  personal  ties,
       provided that such person returns there regularly. This last condition shall not be required where the person is living in a Member  State
       in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.

                                            ê 96/26/EC

                                                                    Article 2

                                            ê 98/76/EC Art. 1 pt. 2 first indent

1. This Directive shall not apply to undertakings engaged in the occupation of road haulage operator by means of motor vehicles  or  combinations
of vehicles the maximum authorised weight of which does not exceed 3,5 tonnes. Member States may, however, lower  this  limit  for  all  or  some
categories of transport operations.

                                            ê 96/26/EC
                                            è1 98/76/EC Art. 1 pt. 2 second indent

2. è1  çMember States may, after consulting the Commission, exempt from the application of all or some of the provisions of this  Directive  road
haulage undertakings engaged exclusively in 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.

In the event of unforeseen circumstances, Member States may grant a  temporary  exemption  pending  completion  of  the  consultations  with  the
Commission.

                                            ê 98/76/EC Art. 1 pt. 2 second indent

3.    In the case of undertakings engaged in the occupation of road haulage operator using vehicles the maximum authorised weights of  which  are
between 3,5 and 6 tonnes the Member States may, after informing the Commission, exempt from the application of all  or  part  of  this  Directive
undertakings engaged exclusively in local transport and having only a minor impact on  the  transport  market  because  of  the  short  distances
involved.

                                            ê 96/26/EC

4. 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 certain road 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.

                                                                    Article 3

1. Undertakings wishing to engage in the occupation of road transport operator shall:

(a)   be of good repute;

(b)   be of appropriate financial standing;

(c)   satisfy the condition as to professional competence.

                                            ê 96/26/EC (adapted)

2. Where the applicant is a natural person and does not satisfy requirement (c) Ö of paragraph 1 Õ , the competent authorities may permit him  to
engage in the occupation of road transport operator provided that he designates to the said authorities another person,  satisfying  requirements
(a) and (c) Ö of paragraph 1 Õ , who shall continuously and effectively manage the transport operations of the undertaking.

3. Where the applicant is not a natural person:

(a)   requirement (a) Ö of paragraph 1 Õ must be satisfied by the person or persons who will continuously and effectively  manage  the  transport
       operations of the undertaking. Member States may require that other persons in the undertaking also satisfy this requirement;

(b)   requirement (c) Ö of paragraph 1 Õ must be satisfied by the person or persons referred to under (a) .

                                            ê 96/26/EC Art. 3(2)

                                                                    Article 4

1. 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 Article 3 :

(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,

                                            ê 98/76/EC Art. 1 pt. 3 first indent

(c)   have been convicted of serious offences against the rules in force concerning:

       (i)  the pay and employment conditions in the profession, or

       (ii) 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, the protection of the environment and the other  rules
           concerning professional liability.

                                            ê 96/26/EC Art. 3(2)

2. In the cases referred to under  the  second  subparagraph  of  paragraph  1,  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.

                                            ê 96/26/EC Art. 3(3)

                                                                    Article 5

1.Appropriate financial standing shall consist in having available sufficient resources to ensure proper launching and proper  administration  of
the undertaking.

2. 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.

                                            ê 98/76/EC Art. 1 pt. 3 second indent

3. The undertaking must have available capital and reserves of at least EUR 9 000 when only one vehicle is used and at least EUR 5 000  for  each
additional vehicle.

For the purposes of this Directive, the value of the euro in those national currencies which are non-participants in the third stage of  monetary
union shall be fixed every five years. The rates to be applied shall be those obtained on the first working day of October and published  in  the
Official Journal of the European Union . They shall have effect from 1 January of the following calendar year.

                                            ê 98/76/EC Art. 1 pt. 3 third indent

4. For the purposes of paragraphs 1, 2 and 3 the competent authority may accept or require, by  way  of  proof,  the  confirmation  or  assurance
provided by a bank or other properly qualified institution. Such confirmation or assurance may be given by a  bank  guarantee,  possibly  in  the
form of a pledge or security, or by any other similar means.

                                            ê 96/26/EC (adapted)

                                            ê 98/76/EC Art. 1 pt. 3 fourth indent

                                                                    Article 6

1. The condition relating to professional competence shall consist in the  possession  of  knowledge  corresponding  to  the  level  of  training
provided for in Annex I in the subjects listed therein. It shall be established by means  of  a  compulsory  written  examination  which  may  be
supplemented by an oral examination organised in the form set out in Annex I by the authority or body designated for that purpose by  the  Member
State.

2. Member States may exempt from examination applicants who  provide  proof  of  at  least  five  years'  practical  experience  in  a  transport
undertaking at management level, provided such applicants sit a test, the arrangements for which shall be determined  by  the  Member  States  in
accordance with Annex I.

3. 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 Annex I to be defined by them, from sitting an examination in the subjects covered by the diplomas.

4. A certificate issued by the authority or body referred to in paragraph  1  shall  be  produced  as  proof  of  professional  competence.  This
certificate shall be drawn up in accordance with the form of certificate set out in Annex II .

5. With regard to applicants intending to perform the effective and continuous management of undertakings engaging solely in  national  transport
operations, Member States may stipulate that the knowledge to be taken into consideration in order to  establish  professional  competence  shall
cover only subjects relating to national transport. In that case, the certificate of professional competence, a model of which  is  contained  in
Annex II, shall state that the holder is qualified to perform the  effective  and  continuous  management  of  undertakings  engaging  solely  in
transport operations within the Member State that issued the certificate.

                                            ê 98/76/EC Art. 1 pt. 3 fourth indent (adapted)

                                            ê 96/26/EC Art. 4

                                                                    Article 7

Member States shall determine the circumstances in which a road transport undertaking may, notwithstanding Article 3, 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 road transport operator or of  the  natural  person  who
satisfies the requirements of Article 3(1)(a) and (c).

The competent authorities in the Member States may, by way of exception and in  certain  special  cases,  definitively  authorize  a  person  not
fulfilling the requirement of professional competence referred to in Article 3(1)(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.

                                            ê 96/26/EC Art. 5

                                                                    Article 8

1. Undertakings furnishing proof that before:

(a)   1 January 1978 for Belgium, Denmark, Germany, France, Ireland, Italy, Luxembourg, Netherlands and the United Kingdom;

(b)   1 January 1984 for Greece;

(c)   1 January 1986 for Spain and Portugal;

(d)   3 October 1989 for the territory of the former German Democratic Republic;

                                            ê 98/76/EC Art. 1 pt. 4 first indent

(e)   1 January 1995 for Austria, Finland and Sweden,

                                            ê 96/26/EC

they were authorized under national rules in a Member State to engage in the occupation of  either  road  haulage  or  road  passenger  transport
operator, as appropriate, in national and/or international road transport operations shall be exempt from the requirement to furnish  proof  that
they satisfy the provisions of Articles 3, 4 and 6.

2. However, those natural persons who:

(a)   after 31 December 1974 and before 1 January 1978 for Belgium, Denmark, Germany, France, Ireland, Italy,  Luxembourg,  the  Netherlands  and
       the United Kingdom;

(b)   after 31 December 1980 and before 1 January 1984 for Greece;

(c)   after 31 December 1982 and before 1 January 1986 for Spain and Portugal;

(d)   after 2 October 1989 and before 1 January 1992 for the territory of the former German Democratic Republic;

                                            ê 98/76/EC Art. 1 pt. 4 second indent

(e)   after 31 December 1994 and before 1 January 1997 for Austria, Finland and Sweden;

                                            ê 96/26/EC

were:

     – authorized to engage in the occupation of either road haulage or  road  passenger  transport  operator,  as  appropriate,  without  having
       furnished proof, under national regulations, of their professional competence, or

     – designated effectively and continuously to manage the transport operations of the undertaking,

must have satisfied the condition of professional competence referred to in Article 6 before:

(i)   1 January 1980 for Belgium, Denmark, Germany, France, Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom;

(ii)  1 January 1986 for Greece;

(iii) 1 January 1988 for Spain and Portugal;

(iv)  1 July 1992 for the territory of the former German Democratic Republic;

                                            ê 98/76/EC Art. 1 pt. 4 third indent

(v)   1 January 1997 for Austria, Finland and Sweden.

                                            ê 96/26/EC

The same requirement shall apply in the case referred to in paragraph 3 of Article 3.

                                            ê 98/76/EC Art. 1 pt. 4 fourth indent

3. All undertakings that are authorised to engage in the occupation of road transport operator before  1  October  1999  shall,  as  regards  the
fleets of vehicles they operate on that date, comply with Article 5 no later than 1 October 2001.

Such undertakings shall, however, fulfil the conditions imposed in Article 5 as regards any additions to their fleets after 1 October 1999.

4. Undertakings engaged in the occupation of road haulage operator before 1 October 1999 by means of vehicles for which  the  maximum  authorised
weights are between 3,5 and 6 tonnes shall comply with the conditions imposed in Article 5 no later than 1 October 2001.

                                            ê 96/26/EC Art. 6

                                                                    Article 9

1. Decisions taken by the competent authorities of the Member States pursuant to the  measures  adopted  on  the  basis  of  this  Directive  and
entailing the rejection of an application for admission to the occupation of road transport operator shall state the grounds on  which  they  are
based.

                                            ê 98/76/EC Art. 1 pt. 5

Member States shall ensure that the competent authorities check regularly and at least every  five  years  that  undertakings  still  fulfil  the
requirements of good repute, financial standing and professional competence.

If the requirement of financial standing is not fulfilled at the time of checking the authorities may, where  the  undertaking's  other  economic
circumstances give grounds for assuming that the requirements of financial standing will again be sustainably fulfilled  within  the  foreseeable
future on the basis of a financial plan, give further notice of not more than one year.

                                            ê 96/26/EC

2. Member States shall see to it that the competent authorities withdraw the authorization to pursue the occupation of  road  transport  operator
if they establish that the conditions of Articles 4, 5 or 6 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 paragraphs 1 and 2, Member States shall see to it that the undertakings covered by this  Directive
are able to defend their interests by appropriate means.

                                            ê 96/26/EC Art. 7
                                            è1 98/76/EC Art. 1 pt. 6 first indent
                                            è2 98/76/EC Art. 1 pt. 6 second indent

                                                                    Article 10

è1 1. Where offences against the rules ç governing either road haulage or road passenger transport, as appropriate, have been committed  by  non-
resident road transport operators and might lead to withdrawal of the authorization to practise as a road transport 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.

è2 2. ç Member States shall afford each other mutual assistance for the purpose of applying this Directive.

                                                                    ê 96/26/EC

                                                                    CHAPTER II

                             Mutual recognition of diplomas, certificates and other evidence of formal qualifications

                                            ê 96/26/EC Art. 8 (adapted)

                                                                    Article 11

1. A host Member State shall, for the purpose of admission to the occupation of road transport operator,  accept  as  sufficient  proof  of  good
repute 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's country of origin or the country whence he comes, showing that these requirements have been met.

                                            ê 96/26/EC

2. 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 1 , 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.

3. Where the country of origin or country whence the foreign national comes does not issue the document required in 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  before  a  competent
judicial or administrative authority or, where appropriate, a notary in that person's country of origin or the  country  whence  he  comes;  such
authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration.

4. Documents issued in accordance with paragraphs 1 and 2 shall not be accepted if produced more than three months after  their  date  of  issue.
This condition shall apply also to declarations made in accordance with paragraph 3 .

                                            ê 96/26/EC Art. 9

                                                                    Article 12

1. Where in a host Member State a certificate is required as proof of financial standing, that  State  shall  regard  corresponding  certificates
issued by banks in the 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  evidence,  in  respect  of
nationals of other Member States, a certificate issued by a competent 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  certificate  shall  relate  to  the  specific  facts
regarded as relevant by the host country.

                                            ê 96/26/EC Art. 10

                                                                    Article 13

1. As from 1 January 1990, Member States shall recognize as sufficient proof of professional competence certificates as referred  to  in  Article
6(4) which are issued by another Member State.

2. With regard to undertakings authorized in Greece, before 1 January 1981, or, in  the  other  Member  States,  before  1  January  1975,  under
national rules, to engage in the occupation of road haulage operator or road passenger transport operator in national and/or  international  road
transport and in so far as the undertakings concerned are companies or firms within the meaning of Article 48 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.

In the case of a legal person, 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.

                                            ê 96/26/EC
                                            è1 98/76/EC Art. 1 pt. 8

3. The certificates issued to road transport operators before è1 1 October 1999 ç as proof of  their  professional  competence  pursuant  to  the
provisions in force until that date shall be deemed equivalent to the certificates issued pursuant to the provisions of this Directive.

                                            ê 2003 Act of Accession, Art. 20 and Annex II p. 453

4. By way of derogation from paragraph 3, certificates issued to road transport operators before 1 May 2004 in the Czech Republic shall  only  be
deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

(a)   international road haulage and passenger transport operators under the Act on Road  Transport  No  111/1994  Sb.,  as  amended  by  Act  No
       150/2000 Sb., since 1 July 2000;

(b)   domestic road haulage and passenger transport operators under the Act on Road Transport No 111/1994 Sb., as  amended  by  Act  No  150/2000
       Sb., since 1 January 2003.

5. By way of derogation from paragraph 3, certificates issued to road transport operators before 1 May 2004  in  Estonia  shall  only  be  deemed
equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

(a)   international and domestic road haulage operators under the Road Transport Act of 7 June 2000 (RT I 2000, 54, 346) since 1 October 2000;

(b)   international and domestic road passenger operators under the Public Transport Act of 26 January 2000 (RT I 2000, 10, 58) since  1  October
       2000.

6. By way of derogation from paragraph 3, certificates issued to road transport operators before 1 May  2004  in  Latvia  shall  only  be  deemed
equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

     – international and domestic road haulage and road passenger transport operators under the Law on Carriage by Road  and  Regulation  of  the
       Ministry of Transport No 9 of 6 February 2001 on the Examination Commission for the Award of Certificates of  Professional  Competence  in
       National and International Road Haulage and Passenger Transport, since 1 April 2001.

7. By way of derogation from paragraph 3, certificates issued to road transport operators before 1 May 2004 in Lithuania  shall  only  be  deemed
equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

     – international and domestic  road  haulage  and  road  passenger  transport  operators  under  Order  of  the  Minister  of  Transport  and
       Communications No 3-20 on Examination of Persons Leading Licensed Activities in Road Transport on professional competence  of  13  January
       2003 since 17 January 2003.

8. By way of derogation from paragraph 3, certificates issued to road transport operators before 1 May 2004  in  Hungary  shall  only  be  deemed
equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

(a)   international road haulage operators under Government Decree No 20/1991 (I. 29.) Korm. amending Decree No 89/1988  (XII.  20.)  MT  of  the
       Council of Ministers since 1 February 1991;

(b)   domestic road haulage operators under Government Decree No 31/1995 (III. 24.) Korm. amending  Decree  No  89/1988  (XII.  20.)  MT  of  the
       Council of Ministers since 1 April 1995;

(c)   road haulage operators under Government Decree No 68/2001 (IV.20.) Korm. amending Decree No  89/1988  (XII.  20.)  MT  of  the  Council  of
       Ministers since 1 May 2001;

(d)   road passenger operators under Decree No 49/2001 (XII. 22.) KöViM of the Minister of Transport and Water Management since 1 January 2002.

9. By way of derogation from paragraph 3, certificates issued to road transport operators before 1 May  2004  in  Poland  shall  only  be  deemed
equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to international  and  domestic  road
haulage and passenger operators under the Law on Road Transport of 6 September 2001 since 1 January 2002.

10. By way of derogation from paragraph 3, certificates issued to road transport operators before 1 May 2004 in Slovakia  shall  only  be  deemed
equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to international  and  domestic  road
haulage and road passenger transport operators under the Road Transport Act No 168/1996, as amended on 19 August 2002, since 1 September 2002.

                                            ê 98/76/EC Art. 1 pt. 9 (adapted)

                                                                    Article 14

Ö The Member States shall lay down the rules on penalties applicable to infringements  of  the  national  provisions  adopted  pursuant  to  this
Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective,  proportionate
and dissuasive. The Member States shall notify those provisions to the Commission and shall notify it without delay of any  subsequent  amendment
affecting them. Õ

                                            ê 98/76/EC Art. 1 pt. 9

                                                                    Article 15

After 1 October 1999 Member States shall recognise as sufficient proof of  professional  competence  certificates  complying  with  the  form  of
certificate set out in Annex II and issued by the authority or body designated for that purpose by each other Member State.

                                            ê 2003 Act of Accession, Art. 20 and Annex II p. 453

The professional competence certificates referred to in paragraphs 4 to 10 of Article 13 may be reissued by the Member States  concerned  in  the
form of the certificate set out in Annex II .

                                                                    ê 96/26/EC

                                                                   CHAPTER III

                                                                 Final provisions

                                            ê 96/26/EC Art. 11

                                                                    Article 16

Member States shall designate the authorities and bodies competent to issue the documents referred to in Article 11(1) and in Article 12 and  the
certificate referred to in Article 13(2) . They shall immediately inform the other Member States and the Commission thereof.

                                            ê 96/26/EC Art. 12 (adapted)

                                                                    Article 17

Articles 11 to 16 shall also apply to nationals of Member States who, pursuant to  Council  Regulation  (EEC)  No  1612/68  [10],  carry  on  the
Ö occupation Õ of road haulage or road passenger transport operator in the capacity of employees.

                                            ê 96/26/EC Art. 13 (adapted)

                                                                    Article 18

1. Member States shall take the measures necessary to comply with the provisions of this Directive.

2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the  field  covered  by  this
Directive.

                                            ê 96/26/EC Art. 14 (adapted)

Article 19

Ö Directive 96/26/EC, as amended by the Directives listed in Annex III, Part A, is repealed Õ , without  prejudice  to  the  obligations  of  the
Member States Ö relating to Õ the time limits for Ö transposition into national law of the Directives Õ set out in Annex III , Part C.

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table set out in Annex IV .

                                            ê .

                                                                    Article 20

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

                                            ê 96/26/EC Art. 15

                                                                    Article 21

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 98/76/EC Art. 1 pt. 10 and Annex I

                                                                     ANNEX I

                                                   I. LIST OF SUBJECTS REFERRED TO IN ARTICLE 6

The knowledge to be taken into consideration for the official recognition of professional competence by the Member States  must  cover  at  least
the subjects listed below for road haulage and road passenger transport respectively. In relation to these subjects, applicant road  haulage  and
road passenger transport operators must have the levels of knowledge  and  practical  aptitude  necessary  for  the  management  of  a  transport
undertaking.

The minimum level of knowledge, as indicated below, may not be below level 3 of the training-level structure laid down in the  Annex  to  Council
Decision 85/368/EEC[11], that is the level achieved in training acquired in the course of compulsory education supplemented either by  vocational
training and supplementary technical training or by secondary-level school technical training.

A.    Civil law

      Road haulage and passenger transport

      The applicant must, in particular:

       1.   be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom;

       2.   be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage;

      Road haulage

       3.   be able to consider a claim by his principal regarding compensation for loss of or damage to goods during transportation or for their
           late delivery, and to understand how such a claim affects his contractual liability;

       4.   be familiar with the rules and obligations arising from the CMR Convention on the contract for the international carriage of goods by
           road;

      Road passenger transport

       5.   be able to consider a claim by his principal regarding compensation for injury to passengers or damage to their baggage caused by  an
           accident during transportation, or regarding compensation for delays, and to understand how such  a  claim  affects  his  contractual
           liability.

B.    Commercial law

      Road haulage and passenger transport

      The applicant must, in particular:

       1.   be familiar with the conditions and formalities laid down for plying the trade, the  general  obligations  incumbent  upon  transport
           operators (registration, keeping records, etc.) and the consequences of bankruptcy;

       2.   have appropriate knowledge of the various forms of commercial company and the rules governing their constitution and operation.

C.    Social law

      Road haulage and passenger transport

      The applicant must, in particular:

       1.   be familiar with the role and function of the various social institutions which are concerned  with  road  transport  (trade  unions,
           works councils, shop stewards, labour inspectors, etc.);

       2.   be familiar with the employers' social security obligations;

       3.   be familiar with the rules governing work contracts for the various categories of worker  employed  by  road  transport  undertakings
           (form of the contracts, obligations of the parties, working conditions  and  working  hours,  paid  leave,  remuneration,  breach  of
           contract, etc.);

       4.   be familiar with the provisions of Council Regulation (EEC) No 3820/85[12] and Council  Regulation  (EEC)  No  3821/85[13],  and  the
           practical arrangements for implementing these Regulations.

D.    Fiscal law

      Road haulage and passenger transport

      The applicant must, in particular, be familiar with the rules governing:

       1.   VAT on transport services;

       2.   motor-vehicle tax;

       3.   the taxes on certain road haulage vehicles and tolls and infrastructure user charges;

       4.   income tax.

E.    Business and financial management of the undertaking

      Road haulage and passenger transport

      The applicant must, in particular:

       1.   be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes,  credit  cards  and  other
           means or method of payment;

       2.   be familiar with the various forms of credit (bank credit, documentary  credit,  guarantee  deposits,  mortgages,  leasing,  renting,
           factoring, etc.) and with the charges and obligations arising from them;

       3.   know what a balance sheet is, how it is set out and how to interpret it;

       4.   be able to read and interpret a profit and loss account;

       5.   be able to assess the undertaking's profitability and financial position, in particular on the basis of financial ratios;

       6.   be able to prepare a budget;

       7.   be familiar with his undertaking's cost elements (fixed costs, variable costs, working capital, depreciation, etc.), and be  able  to
           calculate costs per vehicle, per kilometre, per journey or per tonne;

       8.   be able to draw up an organisation chart relating to the undertaking's personnel as a whole and to organise work plans, etc.;

       9.   be familiar with the principles of marketing, publicity and public relations, including transport services sales  promotion  and  the
           preparation of customer files, etc.;

       10.  be familiar with the different types of insurance relating to road transport (liability, accidental injury/life  insurance,  non-life
           and luggage insurance) and with the guarantees and obligations arising therefrom;

       11.  be familiar with the applications of electronic data transmission in road transport;

      Road haulage

       12.  be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms;

       13.  be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status;

      Road passenger transport

       14.  be able to apply the rules governing fares and pricing in public and private passenger transport;

       15.  be able to apply the rules governing the invoicing of road passenger transport services.

F.    Access to the market

      Road haulage and passenger transport

      The applicant must, in particular:

       1.   be familiar with the occupational regulations governing road transport for  hire  or  reward,  industrial  vehicle  rental  and  sub-
           contracting, and in particular the rules governing the  official  organisation  of  the  occupation,  admission  to  the  occupation,
           authorisations for intra- and extra-Community road transport operations, inspections and sanctions;

       2.   be familiar with the rules for setting up a road transport undertaking;

       3.   be familiar with the various documents required for operating road transport services and be able to  introduce  checking  procedures
           for ensuring that the approved documents relating to each transport operation, and in particular those relating to the  vehicle,  the
           driver, the goods and luggage are kept both in the vehicle and on the premises of the undertaking;

      Road haulage

       4.   be familiar with the rules on the organisation of the market in road haulage services, on freight handling and logistics;

       5.   be familiar with frontier formalities, the role and scope of T documents and TIR carnets, and the  obligations  and  responsibilities
           arising from their use;

      Road passenger transport

       6.   be familiar with the rules on the organisation of the market in road passenger transport;

       7.   be familiar with the rules for introducing road passenger transport services and be able to draw up transport plans.

G.    Technical standards and aspects of operation

      Road haulage and passenger transport

      The applicant must, in particular:

       1.   be familiar with the rules concerning the weights and dimensions of vehicles in the Member States and the procedures to  be  followed
           in the case of abnormal loads which constitute an exception to these rules;

       2.   be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance  with  the
           needs of the undertaking;

       3.   be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles;

       4.   understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions;

       5.   be able to draw up periodic maintenance plans for the vehicles and their equipment;

      Road haulage

       6.   be familiar with the different types of cargo-handling and loading devices (tailboards, containers, pallets, etc.)  and  be  able  to
           introduce procedures and issue instructions for loading and unloading goods  (load  distribution,  stacking,  stowing,  blocking  and
           chocking, etc.);

       7.   be familiar with the various techniques of «piggy-back» and roll-on roll-off combined transport;

       8.   be able to implement procedures for complying with the rules on the carriage of dangerous goods and waste, notably those arising from
           Council Directive 94/55/EC[14], Council Directive 96/35/EC[15], and Council Regulation (EEC) No 259/93[16];

       9.   be able to implement procedures for complying with the rules on the carriage of perishable foodstuffs, notably those arising from the
           Agreement on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage (ATP);

       10.  be able to implement procedures for complying with the rules on the transport of live animals.

H.    Road safety

      Road haulage and passenger transport

      The applicant must, in particular:

       1.   know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.);

       2.   be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in  force  in
           different Member States (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.);

       3.   be able to draw up drivers' instructions for checking their compliance with the safety requirements concerning the condition  of  the
           vehicles, their equipment and cargo, and concerning preventive measures to be taken;

       4.   be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures for preventing  the
           recurrence of accidents or serious traffic offences;

      Road passenger transport

       5.   have elementary knowledge of the layout of the road network in the Member States.

                                                       II. ORGANISATION OF THE EXAMINATION

1.    Member States shall organise a compulsory written examination which they may supplement  by  an  optional  oral  examination  to  establish
       whether applicant road transport operators have achieved the required level of knowledge in the subjects listed in part I, in  particular,
       their capacity to use the instruments and techniques relating thereto and to fulfil the corresponding executive and coordination duties.

       (a)  The compulsory written examination shall involve two tests, namely:

              – written questions consisting of either multiple choice questions (each with four possible answers),  questions  requiring  direct
                answers or a combination of both systems,

              – written exercises/case studies.

            The minimum duration of each test is two hours.

       (b)  Where an oral examination is organised, Member States may stipulate that participation is subject to  successful  completion  of  the
           written examination.

2.    Where Member States also organise an oral examination, they must provide, in respect of each of the three tests, for a weighting  of  marks
       of a minimum of 25 % and a maximum of 40 % of the total number of marks to be given.

      Where Member States organise only a written examination they must provide, in respect of each test, for a weighting of marks of  a  minimum
       of 40 % and a maximum of 60 % of the total number of marks to be given.

3.    With regard to all the tests, applicants must obtain an average of at least 60 % of the total number of marks to  be  given,  achieving  in
       any given test not less than 50 % of the total number of marks possible. In one test only, a Member State may reduce that mark  from  50 %
       to 40 %.

                                                                 _______________

                                            ê 98/76/EC Art. 1 pt. 10 and Annex II
                                            è1 2004/66/EC Art. 1 and Annex pt. IV(1)

                                                                     ANNEX II

                                                                EUROPEAN COMMUNITY

[pic]

è1 (1) ç

                                                                  _____________

                                            ê 96/26/EC (adapted)

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                                            é

                                                                    ANNEX III

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                           (referred to in Article 19)

|Council Directive 96/26/EC                                   |(OJ L 124, 23.5.1996, p. 1)                                   |
|Council Directive 98/76/EC                                              |(OJ L 277, 14.10.1998, p. 17)                        |
|Council Directive 2004/66/EC                                            |(OJ L 168, 1.5.2004, p. 35)                          |

                                                                      Part B

                                                              Non-repealed amendment
                                                           (referred to in Article 19)

|2003 Act of Accession                                                                                                                    |

                                                                      Part C

                                     List of time-limits for transposition into national law and application
                                                           (referred to in Article 19)

|Directive                           |Time-limit for transposition            |Date of application                     |
|96/26/EC                            |_______                                 |______                                  |
|98/76/EC                            |1 October 1999                          |______                                  |
|2004/66/EC                          |1 May 2004                              |______                                  |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Directive 96/26/EC                                                   |This Directive                                                       |
|Title I                                                              |Chapter I                                                            |
|Article 1(1)                                                         |Article 1(1)                                                         |
|Article 1(2) introductory wording                                    |Article 1(2) introductory wording                                    |
|Article 1(2), first indent                                           |Article 1(2)(a)                                                      |
|Article 1(2), second indent                                          |Article 1(2)(b)                                                      |
|Article 1(2), third indent                                           |Article 1(2)(c)                                                      |
|Article 1(2), fourth indent                                          |Article 1(2)(d)                                                      |
|Article 2(1)                                                         |Article 2(1)                                                         |
|Article 2(2)(a), first subparagraph                                  |Article 2(2), first subparagraph                                     |
|Article 2(2)(a), first subparagraph, first indent                    |Article 2(2), first subparagraph                                     |
|Article 2(2)(a), first subparagraph, second indent                   |Article 2(2), first subparagraph                                     |
|Article 2(2)(a), second subparagraph                                 |Article 2(2), second subparagraph                                    |
|Article 2(2)(b)                                                      |Article 2(3)                                                         |
|Article 2(3)                                                         |Article 2(4)                                                         |
|Article 3(1), first subparagraph                                     |Article 3(1)                                                         |
|Article 3(1), second subparagraph                                    |Article 3(2)                                                         |
|Article 3(1), third subparagraph, introductory wording               |Article 3(3), introductory wording                                   |
|Article 3(1), third subparagraph, first indent                       |Article 3(3)(a)                                                      |
|Article 3(1), third subparagraph, second indent                      |Article 3(3)(b)                                                      |
|Article 3(2), first subparagraph                                     |Article 4(1), first subparagraph                                     |
|Article 3(2), second subparagraph, (a) and (b)                       |Article 4(1), second subparagraph, (a) and (b)                       |
|Article 3(2), second subparagraph, (c), first indent                 |Article 4(1), second subparagraph, (c)(i)                            |
|Article 3(2), second subparagraph, (c), second indent                |Article 4(1), second subparagraph, (c)(ii)                           |
|Article 3(2), third subparagraph                                     |Article 4(2)                                                         |
|Article 3(3)(a)                                                      |Article 5(1)                                                         |
|Article 3(3)(b)                                                      |Article 5(2)                                                         |
|Article 3(3)(c)                                                      |Article 5(3)                                                         |
|Article 3(3)(d)                                                      |Article 5(4)                                                         |
|Article 3(3)(e)                                                      |__                                                                   |
|Article 3(4)(a)                                                      |Article 6(1)                                                         |
|Article 3(4)(b)                                                      |Article 6(2)                                                         |
|Article 3(4)(c)                                                      |Article 6(3)                                                         |
|Article 3(4)(d)                                                      |Article 6(4)                                                         |
|Article 3(4)(e)                                                      |Article 6(5)                                                         |
|Article 3(4)(f)                                                      |__                                                                   |
|Article 4                                                            |Article 7                                                            |
|Article 5(1), introductory words                                     |Article 8(1), introductory words                                     |
|Article 5(1), first indent                                           |Article 8(1)(a)                                                      |
|Article 5(1), second indent                                          |Article 8(1)(b)                                                      |
|Article 5(1), third indent                                           |Article 8(1)(c)                                                      |
|Article 5(1), fourth indent                                          |Article 8(1)(d)                                                      |
|Article 5(1), fifth indent                                           |Article 8(1)(e)                                                      |
|Article 5(1), final words                                            |Article 8(1), final words                                            |
|Article 5(2), first subparagraph, introductory words                 |Article 8(2), first subparagraph, introductory words                 |
|Article 5(2), first subparagraph, first indent                       |Article 8(2), first subparagraph, (a)                                |
|Article 5(2), first subparagraph, second indent                      |Article 8(2), first subparagraph, (b)                                |
|Article 5(2), first subparagraph, third indent                       |Article 8(2), first subparagraph, (c)                                |
|Article 5(2), first subparagraph, fourth indent                      |Article 8(2), first subparagraph, (d)                                |
|Article 5(2), first subparagraph, fifth indent                       |Article 8(2), first subparagraph, (e)                                |
|Article 5(2), first subparagraph, intermediary word                  |Article 8(2), first subparagraph, intermediary word                  |
|Article 5(2), first subparagraph, first indent                       |Article 8(2), first subparagraph, first indent                       |
|Article 5(2), first subparagraph, second indent                      |Article 8(2), first subparagraph, second indent                      |
|Article 5(2), first subparagraph, intermediary words                 |Article 8(2), first subparagraph, intermediary words                 |
|Article 5(2), first subparagraph, first indent                       |Article 8(2), first subparagraph, (i)                                |
|Article 5(2), first subparagraph, second indent                      |Article 8(2), first subparagraph, (ii)                               |
|Article 5(2), first subparagraph, third indent                       |Article 8(2), first subparagraph, (iii)                              |
|Article 5(2), first subparagraph, fourth indent                      |Article 8(2), first subparagraph, (iv)                               |
|Article 5(2), first subparagraph, fifth indent                       |Article 8(2), first subparagraph, (v)                                |
|Article 5(2), second subparagraph                                    |Article 8(2), second subparagraph                                    |
|Article 5(3)(a), first subparagraph                                  |Article 8(3), first subparagraph                                     |
|Article 5(3)(a), second subparagraph                                 |Article 8(3), second subparagraph                                    |
|Article 5(3)(b)                                                      |Article 8(4)                                                         |
|Article 6                                                            |Article 9                                                            |
|Article 7                                                            |Article 10                                                           |
|Title II                                                             |Chapter II                                                           |
|Article 8(1)                                                         |__                                                                   |
|Article 8(2)                                                         |Article 11(1)                                                        |
|Article 8(3)                                                         |Article 11(2)                                                        |
|Article 8(4)                                                         |Article 11(3)                                                        |
|Article 8(5)                                                         |Article 11(4)                                                        |
|Article 9                                                            |Article 12                                                           |
|Article 10(1)(2)and (3)                                              |Article 13(1)(2) and (3)                                             |
|Article 10(4), introductory phrase                                   |Article 13(4), introductory phrase                                   |
|Article 10(4), first indent                                          |Article 13(4)(a)                                                     |
|Article 10(4), second indent                                         |Article 13(4)(b)                                                     |
|Article 10(5), introductory phrase                                   |Article 13(5), introductory phrase                                   |
|Article 10(5), first indent                                          |Article 13(5)(a)                                                     |
|Article 10(5), second indent                                         |Article 13(5)(b)                                                     |
|Article 10(6)                                                        |Article 13(6)                                                        |
|Article 10(7)                                                        |Article 13(7)                                                        |
|Article 10(8), introductory phrase                                   |Article 13(8), introductory phrase                                   |
|Article 10(8), first indent                                          |Article 13(8)(a)                                                     |
|Article 10(8), second indent                                         |Article 13(8)(b)                                                     |
|Article 10(8), third indent                                          |Article 13(8)(c)                                                     |
|Article 10(8), fourth indent                                         |Article 13(8)(d)                                                     |
|Article 10(9)                                                        |Article 13(9)                                                        |
|Article 10(10)                                                       |Article 13(10)                                                       |
|Article 10a                                                          |Article 14                                                           |
|Article 10b                                                          |Article 15                                                           |
|Title III                                                            |Chapter III                                                          |
|Article 11                                                           |Article 16                                                           |
|Article 12                                                           |Article 17                                                           |
|Article 13                                                           |Article 18                                                           |
|Article 14                                                           |Article 19                                                           |
|_____                                                                |Article 20                                                           |
|Article 15                                                           |Article 21                                                           |
|Annex I                                                              |Annex I                                                              |
|Annex Ia                                                             |Annex II                                                             |
|Annex II                                                             |_____                                                                |
|Annex III                                                            |_____                                                                |
|______                                                               |Annex III                                                            |
|______                                                               |Annex IV                                                             |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex III, Parts A and B of this proposal.
[5]   OJ C
[6]   OJ C
[7]   OJ C
[8]   OJ L 124, 23.5.1996, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).
[9]   See Annex III, Parts A and B.
[10]  OJ L 257, 19.10.1968, p. 2.
[11]  OJ L 199, 31.7.1985, p. 56.
[12]  OJ L 370, 31.12.1985, p. 1.
[13]   OJ L 370, 31.12.1985, p. 8.
[14]  OJ L 319, 12.12.1994, p. 7.
[15]  OJ L 145, 19.6.1996, p. 10.
[16]  OJ L 30, 6.12.1993, p. 1.