Member States shall abolish, in respect of the natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (hereinafter called 'beneficiaries'), the restrictions referred to in Title III of those General Programmes affecting the right to take up and pursue the activities specified in Article 2 of this Directive. As regards the transmission of electricity and transportation by pipeline of gas, steam and water, this Directive applies only to the abolition of restrictions on freedom of establishment. 1. The provisions of this Directive shall apply to activities of self-employed persons being activities falling within Major Groups 51-52 in Annex I to the General Programme for the abolition of restrictions on freedom of establishment or within Group ex 719 in Annex III to that same General Programme, namely the production, distribution and transmission or transportation of electricity, gas, water and steam and the provision of sanitary services.2. These activities comprise:    (a) the generation, transmission and distribution of  electricity;(b) the manufacture of gas in gasworks and the distribution  to consumers of gas of all types, including  the transportation by pipeline of gas of all  types carried out as an independent service;(c) the production and distribution of steam for heating  and power purposes;(d) water services, i.e. catchment, purification and  distribution of water to consumers;(e) waste and sewage disposal (sanitary services).1 OJ No 56, 4.4.1964, p. 845/64. In accordance with the General Programmes, this Directive shall not apply to:    (a) the exploitation of sources of natural gas (including  prospecting and drilling);(b) construction work carried out by private enterprise  or by public authorities, in particular the  construction of plant for the production of electricity  or gas ; construction work for water catchment,  irrigation and regulation of watercourses ;  the installation of sanitary services and the laying  of lines for the transmission of electricity and of  mains and pipelines for gas, water, etc. 1. Member States shall in particular abolish the following restrictions:    (a) those which prevent beneficiaries from establishing  themselves or providing services in the host  country under the same conditions and with the  same rights as nationals of that country;(b) those existing by reason of administrative practices  which result in treatment being applied to  beneficiaries that is discriminatory by comparison  with that applied to nationals;(c) those which, as a result of rules or practices,  prevent beneficiaries from being granted licences  or authorisations, or subject beneficiaries to restrictions  or to conditions imposed on them alone.2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit establishment or provision of services by beneficiaries by the following means:    (a) in Belgium - the obligation to hold a carte professionnelle  (Article 1 of the Law of 19 February 1965);(b) in France      - the obligation to hold a carte d identité  d étranger commerçant (Décret-loi of 12 November  1938, Décret of 2 February 1939, Law  of 8 October 1940);- the requirement that the following shall be of  French nationality:persons holding licences or permits to utilise  hydraulic power (Article 26 of the Law of 16  October 1919) or thermal energy (Décret of  30 July 1935) ; persons holding licences or permits  to provide certain public services (Décret-loi  of 12 November 1938) ; in the case of  companies or firms, the chairman of the Board  of Directors (Conseil d administration), the  executive directors (administrateurs délégués),  the managers (gérants), the executives  authorised to sign on behalf of the company  (directeurs ayant la signature sociale), the  auditors (commissaires aux comptes) and  two-thirds of the members of a firm (associés  en nom collectif), or of the members of the  Board of Directors (administrateurs) or of the  Board of Management (Conseil de direction)  or of the Supervisory Board (Conseil de surveillance);-  the requirement that, subject to any exception  authorised by Décret, any company or firm  holding such licence or permit shall have  been formed under French law (Article 26 of  the Law of 16 October 1919);(c) in Italy   -  the requirement that a person shall be of  Italian nationality in order to be eligible for  enrolment in the register of undertakings  (Article 31 of Law No 366 of 20 March 1941,  Raccolta, trasporto e smaltimento dei rifiuti  solidi urbani);(d) in Luxembourg   -  the limited period of validity of authorisations  granted to foreign nationals pursuant to  Article 21 of the Luxembourg Law of 2 June  1962 (Mémorial A No 31 of 19 June 1962). 1. Member States shall ensure that beneficiaries under this Directive have the right to join professional or trade organisations under the same conditions and with the same rights and obligations as their own nationals.2. In the case of establishment, membership shall entail eligibility for election or appointment to high office in such organisations. However, such posts may be reserved for nationals where, in pursuance of any provision laid down by law or regulation, the organisation concerned is involved in the exercise of official authority.3. In the Grand Duchy of Luxembourg, membership of the Chambre de Commerce or of the Chambre des Métiers shall not give beneficiaries under this Directive the right to take part in the election of the administrative organs of those Chambers. No Member State shall grant to any of its nationals who go to another Member State for the purpose of pursuing any activity referred to in Article 2 any aid liable to distort the conditions of establishment. 1. Where a host Member State requires of its own nationals wishing to take up any activity referred to in Article 2 proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the 'judicial record' or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes showing that these requirements have been met.2. Where the country of origin or the country whence the foreign national comes does not issue such documentary proof of no previous bankruptcy, such proof may be replaced by a declaration on oath made by the person concerned before a judicial or administrative authority, a notary, or a competent professional or trade body, in the country of origin or in the country whence that person comes.3. Documents issued in accordance with paragraph 1 or with paragraph 2 may not be produced more than three months after their date of issue.4. Member States shall, within the time limit laid down in Article 8, designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof.5. Where in the host Member State proof of financial standing is required, that State shall regard certificates issued by banks in the country of origin or in the country whence the foreign national comes as equivalent to certificates issued in its own territory. Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof. This Directive is addressed to the Member States.
Output: Council Directive concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons engaging in the provision of electricity, gas, water and sanitary services (ISIC Division 5)