Council Directive 64/429/EEC of 7 July 1964 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)

( 1 ) OJ NO 2 , 15 . 1 . 1962 , P . 36/62 .
( 2 ) OJ NO 2 , 15 . 1 . 1962 , P . 32/62 .
( 3 ) OJ NO 182 , 12 . 12 . 1963 , P . 2891/63 .
( 4 ) OJ NO 117 , 23 . 7 . 1964 , P . 1890/64 .
COUNCIL DIRECTIVE OF 7 JULY 1964 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 )
( 64/429/EEC )
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY
,
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 OF ESTABLISHMENT , ( 1 ) AND IN PARTICULAR TITLE IV A THEREOF ;
HAVING REGARD TO THE GENERAL PROGRAMME FOR THE ABOLITION OF RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES , ( 2 ) AND IN PARTICULAR TITLE V 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 , BEFORE THE END OF THE SECOND YEAR OF THE SECOND STAGE , OF ALL DISCRIMINATORY TREATMENT BASED ON NATIONALITY WITH REGARD TO ESTABLISHMENT AND PROVISION OF SERVICES IN RESPECT OF A LARGE NUMBER OF ACTIVITIES IN THE MANUFACTURING AND PROCESSING INDUSTRIES ; WHEREAS IN THIS RESPECT THE PROGRAMMES MAKE NO DISTINCTION BETWEEN INDUSTRIAL UNDERTAKINGS AND SMALL CRAFT INDUSTRIES AS REGARDS THE DATE OF LIBERALISATION ; WHEREAS IT IS IN FACT IMPOSSIBLE TO PRESCRIBE A LATER DATE FOR THE LIBERALISATION OF SMALL CRAFT UNDERTAKINGS , AS THE LEGAL DEFINITIONS OF SMALL CRAFT INDUSTRIES VARY WIDELY FROM ONE COUNTRY TO ANOTHER AND DISTORTIONS COULD OCCUR IF LIBERALISATION OF UNDERTAKINGS WHICH LIKE ECONOMIC STRUCTURES WERE TO TAKE PLACE AT DIFFERENT TIMES ; WHEREAS , MOREOVER , THE CO-ORDINATION OF LEGISLATION IN RESPECT OF SMALL CRAFT INDUSTRIES REQUIRES EXTENSIVE PREPARATORY WORK WHICH WOULD ONLY DELAY THE APPLICATION OF LIBERALISATION MEASURES ; WHEREAS , HOWEVER , THE ABOLITION OF RESTRICTIONS IN RESPECT OF FOREIGN NATIONALS MUST BE ACCOMPANIED BY TRANSITIONAL MEASURES DESIGNED TO ALLEVIATE THE EFFECTS OF DISPARITIES BETWEEN NATIONAL LAWS , SUCH MEASURES BEING DEALT WITH IN A SEPARATE DIRECTIVE ;
WHEREAS THE MANUFACTURE OF MEDICINAL AND PHARMACEUTICAL PRODUCTS AND THE CONSTRUCTION OF CERTAIN TRANSPORT EQUIPMENT ARE NOT COVERED BY THE PROVISIONS OF THIS DIRECTIVE ; WHEREAS , IN ACCORDANCE WITH THE GENERAL PROGRAMMES , THOSE ACTIVITIES WILL BE LIBERALISED AT A LATER DATE ;
WHEREAS NEITHER DOES THIS DIRECTIVE APPLY TO SIGHT-TESTING ACTIVITIES CARRIED OUT BY OPTICIANS ; WHEREAS IT HAS BECOME EVIDENT THAT IN RESPECT OF SUCH ACTIVITIES , HAVING REGARD TO THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN FORCE IN THE MEMBER STATES , SPECIAL PROBLEMS ARISE CONCERNING THE PROTECTION OF PUBLIC HEALTH ; WHEREAS EXCLUSION OF THESE ACTIVITIES DOES NOT PRECLUDE CO-ORDINATION AS REGARDS THE FIELD COVERED BY THE PROFESSIONAL ACTIVITIES OF AN OPTICIAN ;
WHEREAS , SINCE THE ADOPTION OF THE GENERAL PROGRAMMES , THE EEC HAS DRAWN UP ITS OWN NOMENCLATURE OF INDUSTRIAL ACTIVITIES , ENTITLED " NOMENCLATURE OF INDUSTRIES IN THE EUROPEAN COMMUNITIES " ; WHEREAS THIS NOMENCLATURE , WHICH CONTAINS REFERENCES TO NATIONAL NOMENCLATURES , IS , WHILE FOLLOWING THE SAME DECIMAL CLASSIFICATION , BETTER ADAPTED TO THE NEEDS OF THE MEMBER STATES OF THE COMMUNITY THAN THE ISIC NOMENCLATURE ( INTERNATIONAL STANDARD INDUSTRIAL CLASSIFICATION OF ALL ECONOMIC ACTIVITIES ) ; WHEREAS THE NICE NOMENCLATURE SHOULD THEREFORE BE USED FOR THE CLASSIFICATION OF THE ACTIVITIES TO BE LIBERALISED IN CASES WHERE A DIRECTIVE COVERS A LARGE NUMBER OF ACTIVITIES AND IT IS NECESSARY , IN ORDER TO FACILITATE IMPLEMENTATION OF THE DIRECTIVE IN QUESTION , TO LIST SUCH ACTIVITIES IN DETAIL , PROVIDED THAT THIS WILL NOT HAVE THE EFFECT OF ALTERING THE TIMETABLE LAID DOWN IN THE GENERAL PROGRAMMES , WHICH WAS DRAWN UP ON THE BASIS OF THE ISIC NOMENCLATURE ; WHEREAS IN THE PRESENT CASE ADOPTION OF THE NICE NOMENCLATURE CANNOT HAVE SUCH EFFECT ;
WHEREAS SEPARATE DIRECTIVES , APPLICABLE TO ALL ACTIVITIES OF SELF-EMPLOYED PERSONS , CONCERNING PROVISIONS RELATING TO THE MOVEMENT AND RESIDENCE OF BENEFICIARIES , AND WHERE NECESSARY DIRECTIVE 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 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 TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY CONTAINS NO PROVISIONS REGARDING FREEDOM OF ESTABLISHMENT OR FREEDOM TO PROVIDE SERVICES ; WHEREAS , THEREFORE , LIBERALISATION OF THE ACTIVITIES COVERED BY THIS DIRECTIVE COMES ENTIRELY UNDER THE PROVISIONS OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;
WHEREAS , FOR THE PURPOSES OF APPLYING MEASURES CONCERNING FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES , COMPANIES OR FIRMS ARE TO BE TREATED IN THE SAME WAY AS NATURAL PERSONS WHO ARE NATIONALS OF MEMBER STATES , SUBJECT ONLY TO THE CONDITIONS LAID DOWN IN ARTICLE 58 AND , WHERE NECESSARY , TO THE CONDITION THAT THERE SHOULD EXIST A REAL AND CONTINUOUS LINK WITH THE ECONOMY OF A MEMBER STATE ; WHEREAS THEREFORE NO COMPANY OR FIRM MAY BE REQUIRED , IN ORDER TO OBTAIN THE BENEFIT OF SUCH MEASURES , TO FULFIL ANY ADDITIONAL CONDITION , AND IN PARTICULAR NO COMPANY OR FIRM MAY BE REQUIRED TO OBTAIN ANY SPECIAL AUTHORISATION NOT REQUIRED OF A DOMESTIC COMPANY OR FIRM WISHING TO PURSUE A PARTICULAR ECONOMIC ACTIVITY ; WHEREAS , HOWEVER , SUCH UNIFORMITY OF TREATMENT SHOULD NOT PREVENT MEMBER STATES FROM REQUIRING THAT A COMPANY HAVING A SHARE CAPITAL SHOULD OPERATE IN THEIR COUNTRIES UNDER THE DESCRIPTION BY WHICH IT IS KNOWN IN THE LAW OF THE MEMBER STATE UNDER WHICH IT IS CONSTITUTED , AND THAT IT SHOULD INDICATE THE AMOUNT OF THE SUBSCRIBED CAPITAL ON THE BUSINESS PAPERS WHICH IT USES IN THE HOST MEMBER STATE ;
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 EFFECTIVE LIBERALISATION OF THE ACTIVITIES COVERED BY THIS DIRECTIVE REQUIRES LIBERALISATION OF THE SALE OF THEIR PRODUCTS BY THE PRODUCERS IN QUESTION , INCLUDING RETAIL SALE , BUT IN SUCH A WAY AS TO AVOID CAUSING ANY DISTURBANCE OF THE CONDITIONS OF COMPETITION IN RETAIL TRADE , WHICH IS TO BE LIBERALISED UNDER A LATER DIRECTIVE ;