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1. Admission to the occupation of road haulage operator shall be governed by the provisions adopted by the Member States in accordance with the common rules contained in this Directive.2. For the purposes of this Directive, 'the occupation of road haulage operator' means the activity of any natural person or any undertaking transporting goods for hire or reward by means of either a self-contained motor vehicle or a combination of coupled vehicles. (1)OJ No C 72, 19.7.1968, p. 53. (2)OJ No C 49, 17.5.1968, p. 2.For the purposes of this Directive, 'undertaking' means any association or group of persons with or without legal personality, whether profit-making or not, or any official body whether having its own legal personality or being dependent upon an authority having such personality. 1. This Directive shall not apply to natural persons or undertakings engaging in the occupation of road haulage operator by means of vehicles the permissible payload of which does not exceed 3.5 metric tons or the permissible total laden weight of which does not exceed six metric tons. Member States may, however, lower the said limits for all or some categories of transport operations.2. Member States may, after consulting the Commission, exempt from the application of all or some of the provisions of this Directive natural persons or undertakings engaged exclusively in national transport operations having only a minor impact on the transport market because of: - the nature of the goods carried, or- the short distance involved. 1. Natural persons or undertakings wishing to engage in the occupation of road haulage operator shall: (a) be of good repute;(b) be of appropriate financial standing;(c) satisfy the condition as to professional competence.Where the applicant is a natural person and does not satisfy provision (c), the competent authorities may nevertheless permit him to engage in the occupation of road haulage operator provided that he designates to the said authorities another person, satisfying provisions (a) and (c) above, who shall continuously and effectively manage the transport operations of the undertaking.Where the applicant is an undertaking, provisions (a) and (c) above must be satisfied by one of the natural persons who will continuously and effectively manage the transport operations of the undertaking. Member States may also require that other persons in the undertaking satisfy provision (a) above.2. Pending coordination at a later date, each Member State shall determine the provisions relating to good repute which must be satisfied by the applicant and, where appropriate, by the natural persons referred to in paragraph 1.3. Appropriate financial standing shall consist in having available sufficient resources to ensure the launching and proper administration of the undertaking. Pending coordination at a later date, each Member State shall determine what provisions and what methods of furnishing proof may be adopted for this purpose.4. The condition as to professional competence shall consist in the possession of skills in the subjects listed in the Annex and recognized by the authority or body designated for that purpose by each Member State. The necessary knowledge shall be acquired by attending courses, by practical experience in a transport undertaking or by a combination of both. Member States may exempt from the application of these provisions the holders of certain advanced diplomas or technical diplomas implying sound knowledge of the subjects listed in the Annex.The production of a certificate issued by the authority or body referred to in the preceding subparagraph shall constitute proof of professional competence. 1. Member States shall determine the circumstances in which a road haulage undertaking may, by way of derogation from Article 3 (1), be operated on a temporary basis for a maximum period of one year, with extension for a maximum period of six months, in duly justified special cases in the event of the death or physical or legal incapacity of the natural person engaged in the occupation of transport operator or of the natural person who satisfies the provisions of Article 3 (1) (a) and (c).2. However, the competent authorities in the Member States may, by way of exception and in certain special cases, definitively authorize a person not fulfilling the condition of professional competence referred to in Article 3 (1) (c) to operate the transport undertaking provided that such person possesses at least three years practical experience in the day-to-day management of the undertaking. 1. Natural persons and undertakings furnishing proof that, before 1 January 1978, they were authorized under national regulations in a Member State to engage in the occupation of road haulage operator in national and/or international road transport operations shall be exempt from the requirement to furnish proof that they satisfy the provisions laid down in Article 3.2. However, those natural persons who, after 31 December 1974 and before 1 January 1978, were: - authorized to engage in the occupation of road haulage operator without having furnished proof, under national regulations, of their professional competence, or- designated continuously and effectively to manage the transport operations of the undertaking,must satisfy, before 1 January 1980, the condition of professional competence referred to in Article 3 (4).The same requirement shall apply in the case referred to in the third subparagraph of Article 3 (1). 1. Decisions taken by the competent authorities of the Member States pursuant to the measures adopted on the basis of this Directive and entailing the rejection of an application for admission to the occupation of road haulage operator shall state the grounds on which they are based.2. Member States shall ensure that the competent authorities withdraw the authorization to pursue the occupation of haulage operator if they establish that the provisions of Article 3 (1) (a), (b) or (c) are no longer satisfied. In this case, however, they shall allow sufficient time for a substitute to be appointed.3. With regard to the decisions referred to in paragraphs 1 and 2, Member States shall ensure that the natural persons or undertakings covered by this Directive are able to defend their interests by appropriate means. 1. Member States shall, after consulting the Commission and before 1 January 1977, adopt the measures necessary for the implementation of this Directive, in particular Article 3 (4) thereof.2. Member States shall ensure that the procedure for official verification of the skills mentioned in Article 3 (4) shall become operative for the first time before 1 January 1978. This Directive is addressed to the Member States.
Council Directive on admission to the occupation of road haulage operator in national and international transport operations

Article 3 (2) of Regulation (EEC) No 619/71 is replaced by the following:'2. For flax grown mainly for fibre, half of the aid shall be granted to the grower and the other half to any natural or legal person who has concluded with the grower before a date to be determined a contract by which it obtains property in the straw flax.However, the whole of the aid shall be granted to the grower when: (a) the said contract has not been concluded before the abovementioned date, or(b) the grower as defined in Article 3 (a) (a) processes the straw flax or has it processed on his own account, or(c) the grower meets the conditions set out in Article 3 (a) (b).' Article 3 (a), as set out below, shall be added to Regulation (EEC) No 619/71:'Article 3 (a)For the purpose of this Regulation, a 'grower' shall mean any natural or legal person who: (a) produces flax or hemp on his own holding, or(b) has concluded, before sowing, a contract with an owner or farmer for the production of flax grown mainly for fibre, under which the owner or farmer (1)OJ No L 146, 4.7.1970, p. 1. (2)OJ No L 73, 27.3.1972, p. 14. (3)OJ No L 72, 26.3.1971, p. 2. - renounces all rights of ownership in the harvest;- receives in return a fixed sum per hectare, determined at the time of concluding the contract.' This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.It shall apply from the 1974/75 marketing year.This Regulation shall be binding in its entirety and directly applicable in all Member States.
Regulation amending Regulation (EEC) No 619/71 laying down general rules for granting aid for flax and hemp

Member States shall, under the conditions laid down in this Directive, abolish restrictions on the right to remain in their territory in favour of nationals of another Member State who have pursued activities as self-employed persons in their territory, and members of their families, as defined in Article 1 of Directive No 73/148/EEC. 1. Each Member State shall recognize the right to remain permanently in its territory of: (a) any person who, at the time of termination of his activity, has reached the age laid down by the law of that State for entitlement to an old-age pension and who has pursued his activity in that State for at least the previous twelve months and has resided there continuously for more than three years.Where the law of that Member State does not grant the right to an old-age pension to certain categories of self-employed workers, the age requirement shall be considered as satisfied when the beneficiary reaches 65 years of age;(b) any person who, having resided continuously in the territory of that State for more than two years, ceases to pursue his activity there as a result of permanent incapacity to work.If such incapacity is the result of an accident at work or an occupational illness entitling him to a pension which is payable in whole or in part by an institution of that State no condition shall be imposed as to length of residence;(c) any person who, after three years' continuous activity and residence in the territory of that State, pursues his activity in the territory of another Member State, while retaining his residence in the territory of the first State, to which he returns, as a rule, each day or at least once a week.Periods of activity so completed in the territory of the other Member State shall, for the purposes of entitlement to the rights referred to in (a) and (b), be considered as having been completed in the territory of the State of residence.2. The conditions as to length of residence and activity laid down in paragraph 1 (a) and the condition as to length of residence laid down in paragraph 1 (b) shall not apply if the spouse of the self-employed person is a national of the Member State concerned or has lost the nationality of that State by marriage to that person. 1. Each Member State shall recognize the right of the members of the self-employed person's family referred to in Article 1 who are residing with him in the territory of that State to remain there permanently, if the person concerned has acquired the right to remain in the territory of that State in accordance with Article 2. This provision shall continue to apply even after the death of the person concerned.2. If, however, the self-employed person dies during his working life and before having acquired the right to remain in the territory of the State concerned, that State shall recognize the right of the members of his family to remain there permanently on condition that: - the person concerned, on the date of his decease, had resided continuously in its territory for at least two years ; or- his death resulted from an accident at work or an occupational illness ; or- the surviving spouse is a national of that State or lost such nationality by marriage to the person concerned. 1. Continuity of residence as provided for in Articles 2 (1) and 3 (2) may be attested by any means of proof in use in the country of residence. It may not be affected by temporary absences not exceeding a total of three months per year, nor by longer absences due to compliance with the obligations of military service.2. Periods of inactivity due to circumstances outside the control of the person concerned or of inactivity owing to illness or accident must be considered as periods of activity within the meaning of Article 2 (1). 1. Member States shall allow the person entitled to the right to remain to exercise such right within two years from the time of becoming entitled thereto pursuant to Article 2 (1) (a) and (b) and Article 3. During this period the beneficiary must be able to leave the territory of the Member State without adversely affecting such right.2. Member States shall not require the person concerned to comply with any particular formality in order to exercise the right to remain. 1. Member States shall recognize the right of persons having the right to remain in their territory to a residence permit, which must: (a) be issued and renewed free of charge or on payment of a sum not exceeding the dues and taxes payable by nationals for the issue or renewal of identity cards;(b) by valid throughout the territory of the Member State issuing it;(c) be valid for five years and renewable automatically.2. Periods of non-residence not exceeding six consecutive months and longer absences due to compliance with the obligations of military service may not affect the validity of a residence permit. Member States shall apply to persons having the right to remain in their territory the right of equality of treatment recognized by the Council Directives on the abolition of restrictions on freedom of establishment pursuant to Title III of the General Programme which provides for such abolition. 1. This Directive shall not affect any provisions laid down by law, regulation or administrative action of any Member State which would be more favourable to nationals of other Member States.2. Member States shall facilitate re-admission to their territories of self-employed persons who left those territories after having resided there permanently for a long period while pursuing an activity there and who wish to return when they have reached retirement age as defined in Article 2 (1) (a) or are permanently incapacitated for work. Member States may not derogate from the provisions of this Directive save on grounds of public policy, public security or public health. 01. Member States shall, within twelve months of notification of this Directive, bring into force the measures necessary to comply with its provisions and shall forthwith inform the Commission thereof.2. Following notification of this Directive, Member States shall further ensure that the Commission is informed, in sufficient time for it to submit its comments, of all proposed laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive. 1This Directive is addressed to the Member States.
Council Directive concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity