Article 1 
1. This Regulation shall apply to the international carriage of goods by road for hire or reward for journeys carried out within the territory of the Community. 2. In the event of carriage from a Member State to a non-member country and vice versa, this Regulation shall apply to that part of any journey carried out within the territory of the Member State of loading or unloading, after conclusion of the necessary agreement between the Community and the non-member country concerned. 3. Pending the conclusion of agreements between the Community and the non-member countries concerned, this Regulation shall not affect: — provisions relating to the carriage referred to in paragraph 2 included in bilateral agreements concluded by Member States with those non-member countries. However, Member States shall endeavour to adapt those agreements to ensure compliance with the principle of non-discrimination between Community hauliers, — provisions relating to the carriage referred to in paragraph 2 included in bilateral agreements concluded between Member States which either under bilateral authorizations or under liberalization arrangements, allow loading and unloading in a Member State by hauliers not established in that State.
Article 2 
For the purposes of this Regulation: — ‘vehicle’ shall mean a motor vehicle registered in a Member State or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State and which are used exclusively for the carriage of goods, — international carriage, shall mean: — — a journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or non-member countries; — a journey undertaken by a vehicle from a Member State to a non-member country or vice versa, with or without transit through one or more Member States or non-member countries; — a journey undertaken by a vehicle between non-member countries, with transit through the territory of one or more Member States; — an unladen journey in conjunction with such carriage; — international carriage, shall mean: — a journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or non-member countries; — a journey undertaken by a vehicle from a Member State to a non-member country or vice versa, with or without transit through one or more Member States or non-member countries; — a journey undertaken by a vehicle between non-member countries, with transit through the territory of one or more Member States; — an unladen journey in conjunction with such carriage; — ‘driver’ shall mean the person who drives a vehicle, or who is carried in that vehicle in order to be available for driving if necessary.
Article 3 
1. International carriage shall be carried out subject to Community authorisation in conjunction with a driver attestation if the driver is a national of a non-member country. 2. Community authorization shall be issued by a Member State, in accordance with Article 5 and 7, to any haulier carrying goods by road for hire or reward who: — is established in a Member State, hereinafter referred to as the ‘Member State of establishment’ in accordance with the legislation of that Member State, — is entitled in that Member State, in accordance with the legislation of the Community and of that State concerning admission to the occupation of road haulage operator to carry out the international carriage of goods by road. 3. A driver attestation shall be issued by a Member State, in accordance with Article 6, to any haulier who: — is the holder of a Community authorisation, — in that Member State lawfully employs drivers who are nationals of non-member countries or lawfully uses drivers who are nationals of non-member countries put at his disposal in accordance with the conditions of employment and of vocational training laid down in that same Member State: — — by laws, regulations or administrative provisions, and, as appropriate, — by collective agreements, in accordance with the rules applicable in that Member State. — in that Member State lawfully employs drivers who are nationals of non-member countries or lawfully uses drivers who are nationals of non-member countries put at his disposal in accordance with the conditions of employment and of vocational training laid down in that same Member State: — by laws, regulations or administrative provisions, and, as appropriate, — by collective agreements, in accordance with the rules applicable in that Member State.
Article 4 
1. e Community authorization referred to in Article 3 shall replace the document issued by the competent authorities of the Member State of establishment, where such a document exists, certifying that the haulier has been granted access to the market in the international carriage of goods by road. For carriage falling within the scope of this Regulation it shall also replace both the Community authorizations and the bilateral authorizations exchanged between Member States which are necessary until this Regulation comes into force. 2. The driver attestation referred to in Article 3 shall certify that in the context of transport by road covered by Community authorisation, a driver who is a national of a non-member country carrying out such transport is employed in the haulier's Member State of establishment in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in that Member State, on the conditions of employment and of vocational training of drivers to carry out road transport operations in that State.
Article 5 
1. The Community authorization referred to in Article 3 shall be issued by the competent authorities of the Member State of establishment. 2. The Member States shall issue the holder with the original of the Community authorization, which shall be kept by the haulage undertaking, and the number of certified true copies corresponding to the number of vehicles at the disposal of the holder of the Community authorization, whether wholly owned or, for example, under hire purchase, hire or leasing contracts. 3. The Community authorization shall correspond to the model set out in of Annex I, which also lays down the conditions governing its use. 4. The Community authorization shall be made out in the haulier's name, he may not transfer it to any third party. A certified true copy shall be kept in the vehicle and must be produced whenever required by an authorized inspecting officer. 5. A Community authorisation shall be issued for a renewable period of five years.
Article 6 
1. The driver attestation referred to in Article 3 shall be issued by the competent authorities of the Member State of establishment of the haulage undertaking. 2. A driver attestation shall be issued by the Member State at the request of the holder of the Community authorisation for each driver who is a national of a non-member country whom he lawfully employs or who is lawfully put at his disposal in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in that Member State, on the conditions of employment and of vocational training of drivers applicable in that same Member State. Each driver attestation shall certify that the driver named therein is employed in accordance with the conditions laid down in Article 4. 3. The driver attestation shall conform to the model set out in Annex III, which also lays down the conditions governing its use. Member States shall take all steps necessary to prevent the forgery of driver attestations. They shall inform the Commission thereof. 4. The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle using a Community authorisation issued to that haulier. A certified true copy of the driver attestation shall be kept at the haulier's premises. The driver attestation shall be produced whenever required by an authorised inspecting officer. 5. A driver attestation shall be issued for a period to be determined by the issuing Member State, subject to a maximum validity of five years. The driver attestation shall be valid only as long as the conditions under which it wasissued are satisfied. Member States shall take appropriate measures to ensure that if those conditions are no longer met the haulier returns the attestation immediately to the issuing authorities.
Article 7 
1. enever an application for a Community authorization is lodged, not more than five years after issue and subsequently at least every five years, the competent authorities of the Member State of establishment shall verify whether the haulier satisfies or still satisfies the conditions laid down in Article 3 (2). 2. The competent authorities of the Member State of establishment shall regularly verify, by carrying out checks each year, covering at least 20 % of the valid attestations issued in that Member State, whether the conditions referred to in Article 3(3) under which a driver attestation has been issued are still satisfied.
Article 8 
1. If the conditions laid down in Article 3(2) or those referred to in Article 3(3) are not satisfied, the competent authorities of the Member State of establishment shall reject an application for the issue or renewal of a Community authorisation or of a driver attestation, by means of a decision which states the reasons therefor. 2. The competent authorities shall withdraw a Community authorisation or a driver attestation where the holder: — no longer satisfies the conditions laid down in Article 3(2) or those referred to in Article 3(3), or — has supplied incorrect information in relation to the data required for the issue of a Community authorisation or of a driver attestation. 3. In the event of serious infringements or repeated minor infringements of carriage regulations, the competent authorities of the Member State of establishment of the haulier who has committed such infringements may, inter alia , temporarily or partially withdraw the certified true copies of the Community authorisation and may withdraw driver attestations. These sanctions shall be determined having regard to the seriousness of the infringement committed by the holder of the Community authorisation and having regard to the total number of certified true copies of that authorisation that he holds in respect of international traffic. 4. In the event of serious infringements or repeated minor infringements regarding any misuse whatsoever of driver attestations, the competent authorities of the Member State of establishment of the haulier who committed such infringements shall impose appropriate sanctions, such as: — suspension of the issue of driver attestations, — withdrawal of driver attestations, — making the issue of driver attestations subject to additional conditions in order to prevent misuse, — temporary or partial withdrawal of the certified true copies of the Community authorisation. These sanctions shall be determined having regard to the seriousness of the infringement committed by the holder of the Community authorisation.
Article 9 
1. e Member States shall guarantee that the applicant or the holder of a Community authorization is able to appeal against any decision by the competent authorities of the Member State of establishment to refuse or withdraw an authorization. 2. The Member States shall guarantee that the holder of a Community authorisation can appeal against any decision by the competent authorities of the Member State of establishment to refuse or withdraw a driver attestation or to make the issue of driver attestations subject to additional conditions.
Article 10 
By 31 January each year Member States shall inform the Commission of the number of hauliers possessing Community authorizations on 31 December of the previous year and of the number of certified true copies corresponding to the vehicles in circulation at that date.
Article 11 
1. The Member States shall give each other mutual assistance in ensuring the application and monitoring of this Regulation. 2. Where the competent authorities of a Member State are aware of an infringement of this Regulation attributable to a haulier from another Member State, the Member State within the territory of which the infringement is ascertained shall inform the competent authorities of the Member State in which the haulier is established and may ask the competent authorities of the Member State of establishment to impose sanctions in accordance with this Regulation. 3. In the event of a serious infringement or repeated minor infringements of carriage regulations, the competent authorities of the Member State in which the haulier is established shall examine the ways in which the sanctions provided for in Article 8(3) and (4) are applied and shall communicate their decision to the competent authorities of the Member State in which the infringements were ascertained.
Article 11a 
The Commission shall examine the consequences of restricting the obligation to hold a driver attestation to drivers who are nationals of non-member countries and shall, should there be sufficient justification for doing so, submit a proposal for the amendment of this Regulation.
Article 12 
The following shall be repealed: — Council Regulation (EEC) No 3164/76, — Article 4 of Council Directive 75/130/EEC of 17 February 1975 on the establishment of common rules for certain types of combined carriage of goods between Member States ( 9 ), — Council Directive 65/269/EEC of 13 May 1965 concerning the standardization of certain rules relating to authorizations for the carriage of goods by road between Member States ( 10 ), — Council Decision 80/48/EEC of 20 December 1979 on the adjustment of capacity for the carriage of goods by road for hire or reward between Member States ( 11 ).
Article 13 
The First Council Directive of 23 July 1962 is hereby amended as follows: 1. the title shall be replaced by: ‘First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road’; 2. Article 1 shall be replaced by: 
‘Article 1
1. Under the conditions laid down in paragraph 2, Member States shall liberalize the types of international carriage of goods by road for hire or reward and on own account listed in the Annex where such carriage is performed to or from or in transit through their territory.
2. The types of carriage and unladen journeys made in conjunction with the carriage listed in the Annex shall be exempted from Community authorization and from any carriage authorization;’ 3. Annex II shall be deleted and the text of Annex I shall be replaced by that appearing in Annex II to this Regulation.
Article 14 
The Member States shall communicate to the Commission the measures they take to implement this Regulation.
Article 15 
This Regulation shall enter into force on the day following of its publication in the Official Journal of the European Communities . It shall apply from 1 January 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States.