Council Directive 65/1/EEC of 14 December 1964 laying down detailed provisions for the attainment of freedom to provide services in agriculture and horticulture

DIRECTIVE OF THE COUNCIL  of 14 December 1964  laying down detailed provisions for the attainment of freedom to provide services in agriculture and horticulture  (65/1/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 63 (2) and (3) and 227 (2) thereof;
Having regard to the General Programme for the abolition of restrictions on freedom to provide services, (1) and in particular Title V C (d) thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (2);
Having regard to the Opinion of the Economic and Social Committee (3);
Whereas the General Programme includes a special timetable for the abolition of restrictions in agriculture and horticulture ; whereas it is provided that such restrictions shall be abolished by 31 December 1963 in respect of one group of services, by the end of the second stage of the transitional period in respect of a second group and during the third stage in respect of other services;
Whereas services of this kind both constitute a factor directly affecting agricultural and horticultural production costs and promote technical progress ; whereas, therefore, in accordance with Article 63 (3) of the Treaty and with the objectives of the common agricultural policy, liberalisation of such services must be achieved as soon as possible.
Whereas freedom of establishment in respect of the activities covered by this Directive is scheduled only for the end of the transitional period, (4) except as regards certain paid agricultural workers who come within the provisions of the Council Directive of 2 April 1963 (5) ; whereas, further, freedom to provide services entails that, where a service is performed in the country of the recipient ; the person providing the service should not be obliged to satisfy requirements which persons established in that country satisfy solely by reason of the stable and permanent nature of their acitivity in such country, as may be the case in certain circumstances in certain Member States with regard to enrolment in the commercial register or membership or of certain professional or trade organisations;
Whereas, in view of this difference between the timing and arrangements for the right of establishment and those for freedom to provide services, it is necessary to specify in this Directive what is meant by the term "provision of services" as regards services performed in the country of the recipient, and in so doing to give the widest possible meaning to that term;
Whereas freedom to provide services in respect of the construction of plant for water catchment, irrigation and drainage, and of land draining and reclamation operations - activities often carried on in conjunction with certain agricultural and horticultural activities covered by this Directive-is to be attained under the Council Directives of 7 July 1964 (6) concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (industry and small craft industries) and concerning  (1) OJ No 2, 15.1.1962, p. 32/62. (2) OJ No 109, 9.7.1964, p. 1739/64. (3) OJ No 174, 4.11.1964, p. 2772/64. (4) Cf. General Programme for the abolition of restrictions on freedom of establishment (OJ No 2, 15.1.1962, p. 36/62), Title IV F 6 and Annex V, ex Group 012. (5) OJ No 62, 20.4.1963, p. 1323/63. (6) OJ No 117, 23.7.1964, p. 1880/64 and p. 1863/64.
transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (industry and small craft industries), and under the Directive which will subsequently be adopted on public works contracts ; whereas, in accordance with the General Programme, the provision of services in forestry and logging and in respect of certain independent occupations which may on occasion relate to agriculture will be dealt with in subsequent Directives;
Whereas the position of paid employees accompanying a person providing services or acting on his behalf will be governed by the provisions laid down in pursuance of Articles 48 and 49 of the Treaty;
Whereas the conditions of movement and residence, for all persons enjoying freedom of establishment and freedom to provide services, were the subject of two Directives adopted by the Council on 25 February 1964 (1);
Whereas the Recommendation of 8 November 1962 (2) addressed by the Commission to the Member States, which provides that "tools, instruments or equipment... temporarily imported into one Member State from another Member State to be used in the performance of any kind of work in the importing Member State should be covered by the rules governing temporary admission, provided that they do not remain in the importing Member State for more than six months", is of particular importance in relation to freedom to provide services in agriculture and horticulture;
Whereas, finally, freedom to provide services in respect of agriculture and horticulture will, in particular as regards technical assistance and the use of toxic or otherwise dangerous products, be made easier by the mutual recognition of diplomas, certificates and other evidence of formal qualifications and by the co-ordination of certain national rules ; whereas further Directives will have to be issued to this end;