Council Directive 68/367/EEC of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85): 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852), 2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853)

COUNCIL DIRECTIVE  of 15 October 1968  concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85) ; 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852) 2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853)  (68/367/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2) and (3) and 63 (2) and (3) thereof;
Having regard to the General Programme for the abolition of restrictions on freedom to provide establishment, 1 and in particular Title IV C thereof;
Having regard to the General Programme for the abolition of restrictions on freedom to provide services, 2 and in particular Title IV C thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament 3;
Having regard to the Opinion of the Economic and Social Committee 4;
Whereas the General Programmes provide for the abolition, after the end of the second year of the second stage of the transitional period and before the end of the second stage, of all discriminatory treatment based on nationality as regards establishment and the provision of services in respect of activities of self-employed persons in the sector comprising restaurants, cafes, taverns and other drinking and eating places, and hotels, rooming houses, camps and other lodging places;
Whereas the activities covered by this Directive may be carried on permanently or on a temporary or seasonal basis;
Whereas only those economic activities which are carried on habitually and by way of trade come within the scope of this Directive, irrespective of whether their pursuit is open to the public as a whole or to a specific category or categories of persons;
Whereas this Directive does not cover the letting of premises, whether furnished or unfurnished, unless such letting involves the provision of services;
Whereas this Directive does not apply to itinerant trading as defined in the second subparagraph of Article 2 (1) of the Council Directive of 15 October 1968 5 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612);
Whereas the General Programme for the abolition of restrictions on freedom of establishment provides that restrictions on the right to join professional or trade organisations must be abolished where the professional activities of the person concerned necessarily involve the exercise of this right;
Whereas the proof of good repute which the person concerned may be required to furnish is of particular importance in relation to the activities covered by this Directive ; whereas some Member States accordingly require such proof not only from the person actually concerned but also from any members of his family who live with him or work in his establishment ; whereas this Directive must make it easier for proof to be furnished in respect of all the persons from whom it could be required ; whereas the importance of the concept of good repute in the trade or profession concerned has led some Member States to require of their own nationals evidence as to good character and good repute other than that contained in an extract from the "judicial record" ; whereas those Member States may impose similar requirements on nationals of other Member States;  1OJ No 2, 15.1.1962, p. 36/62. 2OJ No 2, 15.1.1962, p. 32/62. 3OJ No 23, 5.2.1966, p. 354/66. 4OJ No 205, 7.12.1965, p. 3069/65. 5OJ No L 260, 22.10.1968, p. 1.
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 separate Directives, applicable to all activities of self-employed persons, concerning provisions relating to the movement and residence of beneficiaries, and, where necessary, Directives on the co-ordination of the safeguards required by Member States of companies or firms for the protection of the interests of members and of others, have been or will be adopted;
Whereas, moreover, in some Member States pursuit of the activities covered by this Directive is for the most part governed by rules relating to the taking up of such activities, while other Member States will, where necessary, adopt such rules ; whereas, therefore, certain transitional measures, the purpose of which is to make it easier for nationals of other Member States to take up and pursue the activities in question, are the subject of a separate Directive;