Avis juridique important

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31998L0076

Council Directive 98/76/EC of 1 October 1998 amending Directive 96/26/EC on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations

Official Journal L 277 , 14/10/1998 P. 0017 - 0025

COUNCIL DIRECTIVE 98/76/EC of 1 October 1998 amending Directive 96/26/EC on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operationsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75(1) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),(1) Whereas the differences between national regulations on admission to the occupation of road transport operator and the mutual recognition of diplomas, certificates and other evidence of formal qualifications could lead to distortions of competition;(2) Whereas it is therefore necessary to continue the process of harmonisation in this area, within the operational framework of the internal market, by further strengthening the common rules provided for in Directive 96/26/EC (4);(3) Whereas it is necessary, because of developments in the road haulage market and the operational requirements of the internal market, to extend the scope of Directive 96/26/EC to certain categories of road haulage operators for hire or reward using low-tonnage vehicles, such as courier services, subject to a specific derogation for road haulage undertakings engaged in local short-distance transport operations and using vehicles of a maximum authorised weight of between 3,5 and 6 tonnes;(4) Whereas with regard to good repute, provision should be made for more stringent requirements, including requirements concerning the protection of the environment and professional liability;(5) Whereas with regard to financial standing, it is necessary, in order to avoid imbalances in the market, to fix appropriate available capital and reserves at a higher minimum level and to fix the value of the euro in those national currencies which are non-participants in the third stage of monetary union every five years;(6) Whereas, with regard to professional competence, it is necessary that applicant road transport operators provide proof of a harmonised minimum level of training in the same subjects and that they hold certificates, drawn up in accordance with a comparable model, certifying professional competence, in the commercial field in particular, at a harmonised minimum level and on the basis of uniform testing methods in all the Member States; whereas it is also necessary, for this purpose, to harmonise certain aspects of the organisation of the examination;(7) Whereas the right of Member States to organise compulsory courses of preparation for the examinations of professional competence for applicants taking them for the first time who are normally resident within their territories shall remain unaffected;(8) Whereas, therefore, the levels of knowledge to be taken into consideration for the issue of a certificate of professional competence, without prejudice to Directive 92/26/EC, differ from one Member State to another; whereas, because of these differences, national measures are therefore likely to vary considerably within the framework defined in Annex I to the said Directive, particularly as regards the qualifications of transport operators, the quality of service and road safety;(9) Whereas it should be accepted that, for a limited period and after consulting the Commission, Member States may require persons who have never previously obtained a certificate of professional competence in a Member State, but who have passed an examination of professional competence in one Member State when they were normally resident in another Member State where they intend to take up the occupation of road transport operator for the first time, to sit an additional examination; whereas such additional examination must cover areas in which national aspects of the profession differ from those of the Member State where they passed the examination, in particular the specific national commercial, social, fiscal and technical aspects or aspects linked to the organisation of the market and to company law;(10) Whereas it is necessary to introduce transitional measures for the implementation of Directive 96/26/EC in Austria, Finland and Sweden;(11) Whereas it is necessary to check periodically whether authorised transport operators still fulfil the requirements of good repute, financial standing and professional competence;(12) Whereas it is necessary for Member States to impose effective, proportionate and dissuasive penalties in the interests of the smooth operation of the internal market,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 96/26/EC is hereby amended as follows:(1) in Article 1(2),- the first indent shall be replaced by the following:'- "the occupation of road haulage operator" shall mean the activity of any undertaking transporting goods for hire or reward by means of either a motor vehicle or a combination of vehicles;`- the following indent shall be added:'- "normal residence" shall mean the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition shall not be required where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.`(2) in Article 2:- paragraph 1 shall be replaced by the following:'1. This Directive shall not apply to undertakings engaged in the occupation of road haulage operator by means of motor vehicles or combinations of vehicles the maximum authorised weight of which does not exceed 3,5 tonnes. Member States may, however, lower this limit for all or some categories of transport operations.`- the present text of paragraph 2 shall become paragraph 2(a) and the following subparagraph shall be inserted:'(b) In the case of undertakings engaged in the occupation of road haulage operator using vehicles the maximum authorised weights of which are between 3,5 and 6 tonnes the Member States may, after informing the Commission, exempt from the application of all or part of this Directive undertakings engaged exclusively in local transport and having only a minor impact on the transport market because of the short distances involved.`(3) in Article 3:- paragraph 2(c) shall be replaced by the following:'(c) have been convicted of serious offences against the rules in force concerning:- the pay and employment conditions in the profession, or- road haulage or road passenger transport, as appropriate, in particular the rules relating to drivers' driving and rest periods, the weights and dimensions of commercial vehicles, road safety and vehicle safety, the protection of the environment and the other rules concerning professional liability.`- paragraph 3(c) shall be replaced by the following:'(c) The undertaking must have available capital and reserves of at least EUR 9 000 when only one vehicle is used and at least EUR 5 000 for each additional vehicle.For the purposes of this Directive, the value of the euro in those national currencies which are non-participants in the third stage of monetary union shall be fixed every five years. The rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Communities. They shall have effect from 1 January of the following calendar year.`- paragraph 3(d) shall be replaced by the following:'(d) For the purposes of subparagraphs (a), (b) and (c) the competent authority may accept or require, by way of proof, the confirmation or assurance provided by a bank or other properly qualified institution. Such confirmation or assurance may be given by a bank guarantee, possibly in the form of a pledge or security, or by any other similar means.`- paragraph 4 shall be replaced by the following:'4. (a) The condition relating to professional competence shall consist in the possession of knowledge corresponding to the level of training provided for in Annex I in the subjects listed therein. It shall be established by means of a compulsory written examination which may be supplemented by an oral examination organised in the form set out in Annex I by the authority or body designated for that purpose by the Member State.(b) Member States may exempt from examination applicants who provide proof of at least five years' practical experience in a transport undertaking at management level, provided such applicants sit a test, the arrangements for which shall be determined by the Member States in accordance with Annex I.(c) Member States may exempt the holders of certain advanced diplomas or technical diplomas, which provide proof of a sound knowledge of the subjects listed in Annex I to be defined by them, from sitting an examination in the subjects covered by the diplomas.(d) A certificate issued by the authority or body referred to in (a) shall be produced as proof of professional competence. This certificate shall be drawn up in accordance with the form of certificate set out in Annex Ia.(e) With regard to applicants intending to perform the effective and continuous management of undertakings engaging solely in national transport operations, Member States may stipulate that the knowledge to be taken into consideration in order to establish professional competence shall cover only subjects relating to national transport. In that case, the certificate of professional competence, a model of which is contained in Annex Ia hereto, shall state that the holder is qualified to perform the effective and continuous management of undertakings engaging solely in transport operations within the Member State that issued the certificate.(f) After consulting the Commission a Member State may require that any natural person who holds a certificate of professional competence issued by a competent authority in another Member State after 1 October 1999 when that person was normally resident in the first Member State sit an additional examination organised by the authority or body designated for that purpose by the first Member State. The additional examination shall cover the specific knowledge relating to the national aspects of the occupation of road haulage operator in the first Member State.This point shall apply for a period of three years from 1 October 1999. That period may be extended for a further maximum period of five years by the Council acting on a proposal from the Commission according to the rules of the Treaty. It shall apply only to natural persons who, when they obtained the certificate of professional competence under the conditions referred to in the first subparagraph, had not yet obtained the said certificate in a Member State.`(4) in Article 5:- in paragraph 1 the following indent shall be added:'- 1 January 1995 for Austria, Finland and Sweden.`- in paragraph 2, first subparagraph, the following indent shall be added after the indent commencing '- after 2 October 1989`:'- after 31 December 1994 and before 1 January 1997 for Austria, Finland and Sweden.`- in paragraph 2 the following indent shall be added at the end of the first subparagraph after the indent commencing '- 1 July 1992`:'- 1 January 1997 for Austria, Finland and Sweden.`- the following paragraph shall be added:'3. (a) All undertakings that are authorised to engage in the occupation of road transport operator before 1 October 1999 shall, as regards the fleets of vehicles they operate on that date, comply with Article 3(3) no later than 1 October 2001.Such undertakings shall, however, fulfil the conditions imposed in Article 3(3) as regards any additions to their fleets after 1 October 1999.(b) Undertakings engaged in the occupation of road haulage operator befor 1 October 1999 by means of vehicles for which the maximum authorised weights are between 3,5 and 6 tonnes shall comply with the conditions imposed in Article 3(3) no later than 1 October 2001.`(5) in Article 6(1) the following subparagraphs shall be added:'Member States shall ensure that the competent authorities check regularly and at least every five years that undertakings still fulfil the requirements of good repute, financial standing and professional competence.If the requirement of financial standing is not fulfilled at the time of checking the authorities may, where the undertaking's other economic circumstances give grounds for assuming that the requirements of financial standing will again be sustainably fulfilled within the foreseeable future on the basis of a financial plan, give further notice of not more than one year.`(6) in Article 7:- the beginning of paragraph 1 shall be replaced by '1. Where offences against the rules . . .`,- the existing paragraph 2 shall be deleted and the existing paragraph 3 shall become new paragraph 2;(7) in Article 8:- in paragraph 2 the words 'or of no previous bankruptcy` shall be deleted,- in paragraph 4 the last sentence shall be deleted;(8) in Article 10(3) the date of 1 January 1990 shall be replaced by the date laid down in Article 2(1), first subparagraph, of this Directive;(9) the following Articles shall be inserted after Article 10:'Article 10aMember States shall provide for systems of penalties for infringements of the national provisions adopted in accordance with this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive.Article 10bAfter 1 October 1999 Member States shall recognise as sufficient proof of professional competence certificates complying with the form of certificate set out in Annex Ia and issued by the authority or body designated for that purpose by each other Member State.`(10) Annex I shall be replaced by Annex I to this Directive and Annex Ia as set out in Annex II to this Directive shall be added.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 1 October 1999. They shall forthwith inform the Commission thereof.When the Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.2. The Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.Article 3 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Luxembourg, 1 October 1998.For the CouncilThe PresidentC. EINEM(1) OJ C 95, 24. 3. 1997, p. 66 and OJ C 324, 25. 10. 1997, p. 6.(2) OJ C 287, 22. 9. 1997, p. 21.(3) Opinion of the European Parliament of 17 July 1997 (OJ C 286, 22. 9. 1997, p. 224), Council common position of 17 March 1998 (OJ C 161, 27. 5. 1998, p. 12) and European Parliament Decision of 17 June 1998 (OJ C 210, 6. 7. 1998).(4) OJ L 124, 23. 5. 1996, p. 1.ANNEX I 'ANNEX II. LIST OF SUBJECTS REFERRED TO IN ARTICLE 3(4)The knowledge to be taken into consideration for the official recognition of professional competence by the Member States must cover at least the subjects listed below for road haulage and road passenger transport respectively. In relation to these subjects, applicant road haulage and road passenger transport operators must have the levels of knowledge and practical aptitude necessary for the management of a transport undertaking.The minimum level of knowledge, as indicated below, may not be below level 3 of the the training-level structure laid down in the Annex to Decision 85/368/EEC (1), that is the level achieved in training acquired in the course of compulsory education supplemented either by vocational training and supplementary technical training or by secondary-level school technical training.(1) Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (OJ L 199, 31. 7. 1985, p. 56).A. Civil lawRoad haulage and passenger transportThe applicant must, in particular:1. be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom;2. be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage;Road haulage3. be able to consider a claim by his principal regarding compensation for loss of or damage to goods during transportation or for their late delivery, and to understand how such a claim affects his contractual liability;4. be familiar with the rules and obligations arising from the CMR Convention on the contract for the international carriage of goods by road;Road passenger transport5. be able to consider a claim by his principal regarding compensation for injury to passengers or damage to their baggage caused by an accident during transportation, or regarding compensation for delays, and to understand how such a claim affects his contractual liability.B. Commercial lawRoad haulage and passenger transportThe applicant must, in particular:1. be familiar with the conditions and formalities laid down for plying the trade, the general obligations incumbent upon transport operators (registration, keeping records, etc.) and the consequences of bankruptcy;2. have appropriate knowledge of the various forms of commercial company and the rules governing their constitution and operation.C. Social lawRoad haulage and passenger transportThe applicant must, in particular:1. be familiar with the role and function of the various social institutions which are concerned with road transport (trade unions, works councils, shop stewards, labour inspectors, etc.);2. be familiar with the employers' social security obligations;3. be familiar with the rules governing work contracts for the various categories of worker employed by road transport undertakings (form of the contracts, obligations of the parties, working conditions and working hours, paid leave, remuneration, breach of contract, etc.);4. be familiar with the provisions of Regulation (EEC) No 3820/85 (1) and Regulation (EEC) No 3821/85 (2), and the practical arrangements for implementing these Regulations.(1) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (OJ L 370, 31. 12. 1985, p. 1).(2) Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31. 12. 1985, p. 8). Regulation as last amended by Commission Regulation (EC) No 1056/97 (OJ L 154, 12. 6. 1997, p. 21).D. Fiscal lawRoad haulage and passenger transportThe applicant must, in particular, be familiar with the rules governing:1. VAT on transport services;2. motor-vehicle tax;3. the taxes on certain road haulage vehicles and tolls and infrastructure user charges;4. income tax.E. Business and financial management of the undertakingRoad haulage and passenger transportThe applicant must, in particular:1. be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or method of payment;2. be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and with the charges and obligations arising from them;3. know what a balance sheet is, how it is set out and how to interpret it;4. be able to read and interpret a profit and loss account;5. be able to assess the undertakings's profitability and financial position, in particular on the basis of financial ratios;6. be able to prepare a budget;7. be familiar with his undertaking's cost elements (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne;8. be able to draw up an organisation chart relating to the undertaking's personnel as a whole and to organise work plans, etc.;9. be familiar with the principles of marketing, publicity and public relations, including transport services sales promotion and the preparation of customer files, etc.;10. be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and with the guarantees and obligations arising therefrom;11. be familiar with the applications of electronic data transmission in road transport;Road haulage12. be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms;13. be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status;Road passenger transport14. be able to apply the rules governing fares and pricing in public and private passenger transport;15. be able to apply the rules governing the invoicing of road passenger transport services.F. Access to the marketRoad haulage and passenger transportThe applicant must, in particular:1. be familiar with the occupational regulations governing road transport for hire or reward, industrial vehicle rental and sub-contracting, and in particular the rules governing the official organisation of the occupation, admission to the occupation, authorisations for intra- and extra-Community road transport operations, inspections and sanctions;2. be familiar with the rules for setting up a road transport undertaking;3. be familiar with the various documents required for operating road transport services and be able to introduce checking procedures for ensuring that the approved documents relating to each transport operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept both in the vehicle and on the premises of the undertaking;Road haulage4. be familiar with the rules on the organisation of the market in road haulage services, on freight handling and logistics;5. be familiar with frontier formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use;Road passenger transport6. be familiar with the rules on the organisation of the market in road passenger transport;7. be familiar with the rules for introducing road passenger transport services and be able to draw up transport plans.G. Technical standards and aspects of operationRoad haulage and passenger transportThe applicant must, in particular:1. be familiar with the rules concerning the weights and dimensions of vehicles in the Member States and the procedures to be followed in the case of abnormal loads which constitute an exception to these rules;2. be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance with the needs of the undertaking;3. be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles;4. understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions;5. be able to draw up periodic maintenance plans for the vehicles and their equipment;Road haulage6. be familiar with the different types of cargo-handling and loading devices (tailboards, containers, pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading goods (load distribution, stacking, stowing, blocking and chocking, etc.);7. be familiar with the various techniques of "piggy-back" and roll-on roll-off combined transport;8. be able to implement procedures for complying with the rules on the carriage of dangerous goods and waste, notably those arising from Directive 94/55/EC (1), Directive 96/35/EC (2), and Regulation (EEC) No 259/93 (3);9. be able to implement procedures for complying with the rules on the carriage of perishable foodstuffs, notably those arising from the Agreement on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage (ATP);10. be able to implement procedures for complying with the rules on the transport of live animals.(1) Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (OJ L 319, 12. 12. 1994, p. 7). Directive as last amended by Commission Directive 96/86/EC (OJ L 335, 24. 12. 1996, p. 43).(2) Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway (OJ L 145, 19. 6. 1996, p. 10).(3) Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6. 12. 1993, p. 1). Regulation as last amended by Regulation (EC) No 120/97 (OJ L 22, 24. 1. 1997, p. 14).H. Road safetyRoad haulage and passenger transportThe applicant must, in particular:1. know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.);2. be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in force in different Member States (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.);3. be able to draw up drivers' instructions for checking their compliance with the safety requirements concerning the condition of the vehicles, their equipment and cargo, and concerning preventive measures to be taken;4. be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures for preventing the recurrence of accidents or serious traffic offences;Road passenger transport5. have elementary knowledge of the layout of the road network in the Member States.II. ORGANISATION OF THE EXAMINATION1. Member States shall organise a compulsory written examination which they may supplement by an optional oral examination to establish whether applicant road transport operators have achieved the required level of knowledge in the subjects listed in part I, in particular, their capacity to use the instruments and techniques relating thereto and to fulfil the corresponding executive and coordination duties.(a) The compulsory written examination shall involve two tests, namely:- written questions consisting of either multiple choice questions (each with four possible answers), questions requiring direct answers or a combination of both systems,- written exercises/case studies.The minimum duration of each test is two hours.(b) Where an oral examination is organised, Member States may stipulate that participation is subject to successful completion of the written examination.2. Where Member States also organise an oral examination, they must provide, in respect of each of the three tests, for a weighting of marks of a minimum of 25 % and a maximum of 40 % of the total number of marks to be given.Where Member States organise only a written examination they must provide, in respect of each test, for a weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks to be given.3. With regard to all the tests, applicants must obtain an average of at least 60 % of the total number of marks to be given, achieving in any given test not less than 50 % of the total number of marks possible. In one test only, a Member State may reduce that mark from 50 % to 40 %`.ANNEX II 'ANNEX IaEUROPEAN COMMUNITY >START OF GRAPHIC>(Stout fawn paper - Format: DIN A4)(Text in the official language(s) or one of the official languages of the Member State issuing the certificate)Distinctive symbol of the Member State concerned (1)Designation of the competent authority or body (2)CERTIFICATE OF PROFESSIONAL COMPETENCE IN NATIONAL[AND INTERNATIONAL] (3) ROAD HAULAGE [PASSENGER TRANSPORT] (3)No . . .We (2) , hereby certify:(a) that (4)born in onhas passed the tests of the examination (year: ; session: ) (5) organised for the awardof the certificate of professional competence in national [and international] (3) road haulage [passenger transport] (3) inaccordance with (6)(b) that the person referred to in (a) is qualified to work in a professional capacity in an undertaking responsible for road haulage [road passenger transport] (3):- engaging solely in national transport (3),- engaging in international transport (3).This certificate constitutes the sufficient proof of professional competence referred to in Article 10(1) of Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations.Issued at , on(7)(1) Distinctive symbol of the State: (B) Belgium, (DK) Denmark, (D) Germany, (GR) Greece, (E) Spain, (F) France, (IRL) Ireland, (I) Italy, (L) Luxembourg, (NL) Netherlands, (A) Austria, (P) Portugal, (FIN) Finland, (S) Sweden, (UK) United Kingdom.(2) Authority or body designated in advance for this purpose by each Member State of the European Community to issue this certificate.(3) Delete as appropriate.(4) Surname and forenames; place and date of birth.(5) Identification of the examination.(6) Reference to the provisions of national law adopted in this field in accordance with the abovementioned Directive.(7) Signature and stamp of the competent authority or body issuing the certificate.`>END OF GRAPHIC>


Avis juridique important

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31989L0393

Council Directive 89/393/EEC of 14 June 1989 amending for the fifth time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs

Official Journal L 186 , 30/06/1989 P. 0013 - 0013 Finnish special edition: Chapter 13 Volume 19 P. 0046  Swedish special edition: Chapter 13 Volume 19 P. 0046

COUNCIL DIRECTIVE of 14 June 1989 amending for the fifth time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (89/393/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Directive 74/329/EEC (4), as last amended by Directive 86/102/EEC (5), lays down a list of emulsifiers, stabilizers, thickeners and gelling agents which may be authorized in foodstuffs by the Member States;  Whereas Annex II to Directive 74/329/EEC indicates the designations of substances which may be temporarly authorized by Member States for use in foodstuffs; whereas this derogation came to an end on 31 December 1988;  Whereas, on 21 December 1988, the Council adopted Directive 89/107/EEC (6) on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption;   Whereas, pursuant to Article 3 of the said Directive, the Council, acting in accordance with the procedure provided for by Article 100a of the Treaty, must adopt a comprehensive Directive including, if necessary, both the positive list of authorized  substances and the conditions for their use;  Whereas, however, it is not immediately possible to adopt all the rules covering the substances in question; whereas the validity of Annex II to Directive 74/329/EEC should therefore be extended for the time being,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In Article 3 (1) of Directive 74/329/EEC, the first subparagraph is hereby replaced by the following:  '1.  By way of derogation from Article 2 (1), Member States may authorize, until 31 December 1991, the use in foodstuffs of the substances listed in Annex II.' Article 2 Article 1 shall take effect as from 1 January 1989.  Article 3 This Directive is addressed to the Member States.   Done at Luxembourg, 14 June 1989.  For the Council The President P. SOLBES  (1) OJ No C 214, 16. 8. 1988, p. 14. (2) OJ No C 47, 20. 2. 1989, p. 80, and OJ No C 158, 26. 6. 1989. (3) OJ No C 337, 31. 12. 1988, p. 5. (4) OJ No L 189, 12. 7. 1974, p. 1. (5) OJ No L 88, 3. 4. 1986, p. 40. (6) OJ No L 40, 11. 2. 1989, p. 27.


Avis juridique important

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31986L0121

Council Directive 86/121/EEC of 8 April 1986 adapting, consequent upon the accession of Spain and Portugal, Directive 84/631/EEC on the supervision and control within the European Community of the transfrontier shipment of hazardous waste

Official Journal L 100 , 16/04/1986 P. 0020 - 0021

*****COUNCIL  DIRECTIVE  of 8 April 1986  adapting, consequent upon the accession of Spain and Portugal, Directive 84/631/EEC on the supervision and control within the European Community of the transfrontier shipment of hazardous waste  (86/121/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act concerning the accession of Spain and Portugal, and in particular Article 396 thereof,  Having regard to the proposal from the Commission,  Whereas, consequent upon the accession of Spain and Portugal, box 36 of Annex I to Directive 84/631/EEC (1) as technically adjusted by Commission Directive 85/469/EEC (2), should be supplemented by the entries in the new official languages,  HAS ADOPTED THIS DIRECTIVE:  Article 1  With effect from 1 January 1986, box 36 of Annex I to Directive 84/631/EEC shall be replaced by the text appearing in the Annex to this Directive.  Article 2  This Directive is addressed to the Member States.  Done at Luxembourg, 8 April 1986.  For the Council  The President  G. M. V. van AARDENNE  (1) OJ No L 326, 13. 12. 1984, p. 31.  (2) OJ No L 272, 12. 10. 1985, p. 1.  ANNEX  1,9 //  // 36 TRANSLATION OF PARTICULARS SHOWN IN BOX 27 OVERLEAF  //  //  //  //  //  //  //  // 1.2.3.4.5.6.7.8.9 //  //  //  // //  //  //  //  //  // ESPAÑOL    // polvo   // pulverulento  // sólido   // pastoso   // viscoso   // fangoso   // líquido  // gaseoso   //    //   //   //   //   //   //   //   //  // DANSK   // pulveragtig   // stoevagtig   // fast  // pastaagtig   // tyktflydende   // slamagtig   // flydende  // luftformig   //    //   //   //   //   //   //   //   //  // DEUTSCH   // pulverfoermig   // staubfoermig   // fest  // pastoes   // breiig   // schlammig   // fluessig  // gasfoermig   //    //   //   //   //   //   //   //   //  // ELLINIKA   // skóni   // koniódes   // stereó  // pachýrrefsto   // siropódes   // laspódes   // ygró  // sério   //    //   //   //   //   //   //   //   //   // ENGLISH   // powder   // powdery   // solid   // paste  // viscous   // sludge   // liquid   // gaseous   //    //  //   //   //   //   //   //   //   // FRANÇAIS   // poudreux  // pulvérulent   // solide   // pâteux   // sirupeux  // boueux   // liquide   // gazeux   //    //   //   //   //  //   //   //   //   // ITALIANO   // polvere   // polverulento   // solido   // vischioso   // sciropposo   // fangoso  // liquido   // gassoso   //    //   //   //   //   //   //  //   //   // NEDERLANDS   // poeder   // poederachtig  // vast   // viskeus   // stroperig   // slibachtig  // vloeibaar   // gasvormig   //    //   //   //   //   //  //   //   //   // PORTUGUÊS   // em pó   // pulverulento  // sólido   // pastoso   // viscoso   // lamacento  // líquido   // gasoso   //    //   //   //   //   //   //  //   //


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31979L0009

Council Directive 79/9/EEC of 19 December 1978 amending Directive 77/391/EEC introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle

Official Journal L 006 , 10/01/1979 P. 0027 - 0027 Finnish special edition: Chapter 3 Volume 10 P. 0165  Greek special edition: Chapter 03 Volume 23 P. 0251  Swedish special edition: Chapter 3 Volume 10 P. 0165

COUNCIL DIRECTIVE  of 19 December 1978  amending Directive 77/391/EEC introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle  (79/9/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas in the framework of the national plans for the implementation of Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle (2), it is necessary to provide for the doubling of the slaughter premium paid in respect of certain regions with a high incidence of these diseases in Belgium,  HAS ADOPTED THIS DIRECTIVE:    Article 1 By way of derogation from Article 7 (2) of Directive 77/391/EEC, the European Agricultural Guidance and Guarantee Fund, Guidance Section, may pay to the Kingdom of Belgium, at its request, for the eradication of brucellosis, an amount not exceeding 120 units of account per cow and 60 units of account per bovine other than cows, slaughtered in the framework of the measures referred to in Article 2 of the said Directive.   Article 2 This Directive is addressed to the Member States.     Done at Brussels, 19 December 1978.  For the Council  The President  J. ERTL  (1)Opinion delivered on 15.12.1978 (not yet published in the Official Journal). (2)OJ No L 145, 13.6.1977, p. 44.


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31993L0012

Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels

Official Journal L 074 , 27/03/1993 P. 0081 - 0083 Finnish special edition: Chapter 15 Volume 12 P. 0090  Swedish special edition: Chapter 15 Volume 12 P. 0090

COUNCIL DIRECTIVE 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuelsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas in order to improve air quality with regard to sulphur dioxide and other emissions, the Community has to take measures to reduce progressively the sulphur content of gas oil used for self-propelling vehicles, including aircraft and vessels, and  for heating, industrial and marine purposes;  Whereas, under Article 2 (1) and Article 5 (1) of Directive 75/716/EEC (4), the provisions in force in the Member States lay down two limits with respect to the sulphur content of liquid fuels; whereas these provisions differ from one Member State to  another;  Whereas these differences oblige Community oil companies to adjust the maximum sulphur content of their products, depending on which Member State is being supplied; whereas such differences thus constitute a barrier to trade in these products, thereby  directly affecting the establishment and functioning of the single market;  Whereas, in addition, Article 6 of Directive 75/716/EEC provides that in the light of any new information available the Commission is to submit a report to the Council accompanied by an appropriate proposal with a view to the establishment of a single  value;  Whereas successive action programmes of the European Communities on the environment (5) stress the importance of preventing and reducing air pollution;  Whereas fuel quality plays an important role in reducing air pollution by vehicle eshaust emissions;  Whereas, in addition, by virtue of Decision 81/462/EEC (6) the Community is a contracting party to the Convention on long-range transboundary air pollution, which provides in particular for the development of strategies and policies to limit and, as far  as possible, gradually reduce and prevent air pollution;  Whereas reducing the sulphur content of certain liquid fuels serves to further one of the Community's objectives, which is to preserve, protect and improve the quality of the environment and to contribute towards protecting human health, by rectifying  environmental damage at source;  Whereas, in accordance with Directive 75/716/EEC, several Member States have already fixed a value of 0,2 % by weight;  Whereas Member States must take steps to ensure that diesel fuels of a maximum sulphur content of 0,05 % by weight are gradually made available;  Whereas, in order to attain the particulate emission levels set in specific Community Directives, the sulphur content of diesel fuels placed on the market within the Community may not exceed 0,2 % by weight as from 1 October 1994 and 0,05 % by weight as  from 1 October 1996; whereas the Member States must take appropriate measures to achieve that objective;  Whereas the increasing use of gas oil for motor vehicles implies further efforts with regard to the quality of diesel fuel, in order to limit the adverse effects of such use on air quality; whereas setting a maximum sulphur content of 0,05 % by weight  to apply from 1 October 1996 for diesel fuel allows the industries concerned sufficient time to make the technical adjustments required;  Whereas the other uses of gas oils and medium oils require an effort to be made to reduce air pollution, wherein account should be taken of their contribution having regard to air quality improvement and environmental costs and benefits; whereas the  Commission should submit to the Council, which will take a decision thereon by 31 July 1994 at the latest, a proposal introducing, by 1 October 1999 at the latest, a lower limit for the sulphur content and setting new limit values for aviation  kerosenes;  Whereas a sudden change in crude oil supplies leading to an increase in average sulphur content may, in view of available desulphurization capacity, jeopardize supplies to consumers in a Member State; whereas it would therefore seem advisable to  authorize that Member State to derogate under certain conditions from the sulphur content limits laid down in respect of its own market;  Whereas the introduction of a low sulphur content level in marine gas oils for sea-going ships raises specific technical and economic problems for Greece; whereas a derogation of limited duration in favour of Greece should not depress trade in marine  gas oils since Greek refinery installations currently cover no more than domestic demand for gas oils and medium oils; whereas exports for final combustion from Greece to another Member State must comply with the provisions of the Directive applicable  in that Member State; whereas Greece could be granted a five-year derogation before introducing marine gas oils with the required sulphur content; whereas this period will end on 30 September 1999;  Whereas spot checks should be carried out to ascertain the sulphur content of gas oils and medium oils placed on the market; whereas for this purpose provision should be made for a uniform method based on the best available technology,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. For the purposes of this Directive:  (a) 'gas oil' means any petroleum product falling under CN code 2710 00 69, or any petroleum product which, by reason of its distillation limits, falls within the category of middle distillates intended for use as fuel and of which at least 85 % by  volume, including distillation losses, distils at 350° C;  (b) 'diesel fuels' means gas oils used for self-propelling vehicles as referred to in Directive 70/220/EEC (7) and Directive 88/77/EEC (8).  2. This Directive shall not apply to gas oils:  - contained in the fuel tanks of vessels, aircraft or motor vehicles crossing a frontier between a third country and a Member State;  - intended for processing prior to final combustion.  Article 2  1. Member States shall, in order to reach the particulate emission levels laid down in specific Community Directives, prohibit the marketing of diesel fuels in the Community if their sulphur compound content, expressed in sulphur (hereinafter  'sulphur content'), exceeds:  - 0,2 % by weight as from 1 October 1994,  - 0,05 % by weight as from 1 October 1996.  Member States shall take steps to ensure that the diesel fuels referred to in the first paragraph with a sulphur content not exceeding 0,05 % by weight are gradually made available.  2. Member States shall prohibit the marketing in the Community of gas oils other than, or used for purposes other than, those referred to in paragraph 1 with the exception of aviation kerosene, as from 1 October 1994, if their sulphur content exceeds  0,2 % by weight.  Before 1 January 1994, the Commission shall indicate, in a report to the Council, what progress has been made in controlling sulphur dioxide emissions. At the same time it shall submit to the Council a proposal, in the more general framework of the  policy to improve air quality, for transition to a second phase, prescribing a lower limit by 1 October 1999 at the latest, and setting new limit values for aviation kerosene.  The Council shall act by a qualified majority by 31 July 1994 at the latest.  3. If, as the result of a sudden change in the supply of crude oil or petroleum products, it becomes difficult for a Member State to apply the limit on the maximum sulphur content of gas oil, that Member State shall inform the Commission thereof. The  Commission may authorize a higher limit to be applicable within the territory of that Member State for a period not exceeding six months, and shall notify its decision to the Council. Any Member State may contest that Decision before the Council within  one month. The Council, acting by a qualified majority, may adopt a different decision within two months.  By way of derogation the Government of Greece may, up to 30 September 1999, authorize marketing of gas oil for marine use with a sulphur content in excess of 0,2 % by weight.  Article 3  No Member State may, as from the dates of application laid down in Article 2 (1) and (2), prohibit, restrict or prevent the placing on the market of gas oils on the grounds of their sulphur content, if those gas oils comply with the  requirements of this Directive.  Article 4  1. Member States shall take all necessary measures to check by sampling the sulphur content of gas oils which are placed on the market.  2. The reference method adopted for determining the sulphur content of gas oils which are placed on the market shall be that defined by ISO method 8754. The statistical interpretation of the results of the checks made to determine the sulphur content of  the gas oils placed on the market shall be made in accordance with ISO standard 4259 (1979 edition).  Article 5  As from 1 October 1994, Directive 75/716/EEC shall be replaced by this Directive.  Article 6  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 October 1994. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  Article 7  This Directive is addressed to the Member States.  Done at Brussels, 23 March 1993.  For the Council The President S. AUKEN (1) OJ No C 174, 5. 7. 1991, p. 18 and OJ No C 120, 12. 5. 1992, p. 12.  (2) OJ No C 94, 13. 4. 1992, p. 209 and OJ No C 337, 21. 12. 1992.  (3) OJ No C 14, 20. 1. 1992, p. 17.  (4) OJ No L 307, 27. 11. 1975, p. 22. Directive as amended by Directive 87/219/EEC (OJ No L 91, 3. 4. 1987, p. 19).  (5) OJ No C 112, 20. 12. 1973, p. 1, OJ No C 139, 13. 6. 1977, p. 1 and OJ No C 46, 17. 2. 1983, p. 1.  (6) OJ No L 171, 27. 6. 1981, p. 11.  (7) OJ No L 76, 6. 4. 1970, p. 1. Directive as last amended by Directive 91/441/EEC (OJ No l 242, 30. 8. 1991, p. 1).  (8) OJ No L 36, 9. 2. 1988, p. 1. Directive as last amended by Directive 91/542/EEC (OJ No L 295, 25. 10. 1991, p. 1).


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31992L0110

Council Directive 92/110/EEC of 14 December 1992 amending Directive 88/657/EEC laying down the requirements for the production of, and trade in, minced meat, meat in pieces of less than 100 grams and meat preparations

Official Journal L 394 , 31/12/1992 P. 0026 - 0027 Finnish special edition: Chapter 3 Volume 47 P. 0131  Swedish special edition: Chapter 3 Volume 47 P. 0131

COUNCIL DIRECTIVE 92/110/EEC of 14 December 1992  amending Directive 88/657/EEC laying down the requirements for the production of, and trade in,  minced meat, meat in pieces of less than 100 grams and meat preparationsTHE  COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  43 thereof; Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas minced meat, meat preparations and comminuted meat for industrial use are included in the  list of products in Annex II to the Treaty; whereas the production of and trade in this minced  meat, meat preparations and comminuted meat for industrial use constitute an important source of  income for part of the farming population; Whereas in order to ensure the rational development of the industry producing such meat and to  increase productivity, public health rules for the production and placing on the market of such  meat must be laid down at Community level; Whereas the Community must adopt the measures with the aim of progressively establishing the  internal market, comprising an area without internal frontiers, over a period expiring on 31  December 1992; Whereas the laying down of such public health rules improves the protection of public health and  consequently facilitates the completion of internal market; Whereas, to achieve this purpose, it is necessary to extend the principal health rules laid down in  Council Directive 88/657/EEC of 16 December 1988 laying down the requirements for the production  of, and trade in, minced meat, meat in pieces of less than 100 grams and meat preparations and  amending Directives 64/433/EEC, 71/118/EEC and 72/462/EEC (4) to all production and placing on the  market of minced meat and meat preparations in the Community; Whereas the possibility for Member States to maintain provisionally less strict rules for meat and  meat preparations reserved for the domestic market should not have an impact upon the abolition of  veterinary checks at the Community's internal frontiers on 1 January 1993; Whereas pending the adoption of all the provisions necessary for the extension of the main health  rules laid down in Directive 88/657/EEC to all production and placing on the market of minced meat  and meat preparations in the Community, certain specific questions should be settled in order to  avoid problems in the production and marketing of meat and meat preparations, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 88/657/EEC is amended as follows: 1. the last phrase of Article 2 (2) (f) shall be replaced by the following: 'and any plant producing meat preparations fulfilling the requirements of Chapter I of Annexes A  and B to Directive 77/99/EEC.` 2. Article 3 (1) (g) shall be replaced by the following: '(g) during transport to the country of destination they must be accompanied by a health  certificate that satisfies the requirements in Chapter XII of Annex I to Directive 64/433/EEC or  those in Chapter XI of Annex I to Directive 71/118/EEC (remainder unchanged)`; 3. the first subparagraph of Article 13 (1) shall be replaced by the following: '1.  Member States may have a period of time expiring on 1 January 1996 within which to ensure that  all meat and meat preparations referred to in Article 2 (2) and produced in their territory for  marketing there satisfy, subject to the second subparagraph of this paragraph, the requirements of  this Directive.`; 4. in Annex I, Chapter III, point 8, the second sentence shall be replaced by the following: 'In particular, it may not be prepared from meat from the following parts of bovine animals, pigs,  sheep or goats: fragments of muscles from the head, the point at which the sticking of the animals  took place, injection areas, bone scrapings, the diaphragm and the non-muscular part of the linea  alba, carpus and tarsus region.`; 5. Annex I, Chapter IV, point 10 (b) shall be replaced by the following: '(b) meat preparations made from meat which has been minced as provided for in Article 2 (2) (c)  may be marketed only on condition that: (i) they are frozen in accordance with the third indent of Article 3 (2) (c) at a freezing speed of  at least 1 cm/H. The maximum shelf-life must not exceed six months; (ii) they are refrigerated at a maximum core temperature of +2° C, with a mention of the sell-by  date. Meat preparations as defined in points (i) and (ii) must be packed in dispatch units.`; 6. in Annex I, Chapter VII, point 18, the second sentence shall be replaced by the following: 'Meat and meat preparations, as defined in Article 2 (2) of this Directive and produced in the  establishments referred to in the said Article 2 (2) (g) must be marked on the packaging with the  health mark of the establishment as defined in Annex X to Directive 64/493/EEC and in Chapter VIII  of Annex A to Directive 77/99/EEC.` Article 2 1.  Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive by 1 January 1993 as regards point 3, and by 1  December 1993 as regards points 1, 2, 4, 5 and 6. They shall forthwith inform the Commission  thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall  be accompanied by such reference on the occasion of their official publication. The methods of  making such a reference shall be laid down by the Member States. 2.  Member States shall communicate to the Commission the texts of the provisions of domestic law  which they adopt in the field governed by this Directive. Article 3 This Directive is addressed to the Member States. Done at Brussels, 14 December 1992. For the Council The President J. GUMMER   (1) OJ N° C 84, 2. 4. 1990, p. 120 and OJ N° C 288, 6.11.1991, p. 3.  (2) OJ N° C 183, 15. 7. 1991, p. 57.  (3) OJ N° C 225, 10. 9. 1990, p. 1.  (4) OJ N° L 382, 31. 12. 1988, p. 3. Directive amending Directive 89/662/EEC (OJ N° L 395, 30. 12.  1989, p. 13).


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31978L0547

Council Directive 78/547/EEC of 12 June 1978 amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers

Official Journal L 168 , 26/06/1978 P. 0039 - 0039 Finnish special edition: Chapter 13 Volume 8 P. 0139  Greek special edition: Chapter 13 Volume 7 P. 0124  Swedish special edition: Chapter 13 Volume 8 P. 0139  Spanish special edition: Chapter 13 Volume 8 P. 0189  Portuguese special edition Chapter 13 Volume 8 P. 0189

COUNCIL DIRECTIVE  of 12 June 1978  amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers  (78/547/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the technical requirements which must be met by the heating systems of passenger compartments and the wheel guards of motor vehicles differ from one Member State to another ; whereas it is therefore necessary that all Member States henceforward adopt the same requirements either in addition to or in place of their existing rules;  Whereas checks on compliance with these requirements should be carried out under the EEC type-approval procedure for each type of vehicle as laid down in Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), as amended by Directive 78/315/EEC (4) ; whereas that Directive should accordingly be supplemented by inserting the provisions for that purpose in both Annex I (model information document) and Annex II (model EEC type-approval certificate), without prejudice to other amendments to the Directive, in particular those contained in the Commission proposal of 5 January 1977,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Annex I to Directive 70/156/EEC (model information document) shall be supplemented as follows:    - "9.10.4. : heating systems for the passenger compartment",       - "9.16. : wheel guards".          Article 2 Annex II to Directive 70/156/EEC (model EEC type-approval certificate) shall be supplemented as follows:    - "9.8.4. : heating systems for the passenger compartment",       - "9.14. : wheel guards SD".          Article 3 1. Member States shall bring into force the provisions necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 4 This Directive is addressed to the Member States.     Done at Luxembourg, 12 June 1978.  For the Council  The President  K. OLESEN  (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 1. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 81, 28.3.1978, p. 1.


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31988L0430

Seventh Commission Directive 88/430/EEC of 1 July 1988 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 208 , 02/08/1988 P. 0036 - 0037 Finnish special edition: Chapter 3 Volume 27 P. 0077  Swedish special edition: Chapter 3 Volume 27 P. 0077

*****SEVENTH  COMMISSION DIRECTIVE  of 1 July 1988  amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products  (88/430/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of harmful organismus of plants or plant products (1), as last amended by Commission Directive 88/272/EEC (2), and in particular Article 13, second paragraph, fourth indent thereof,  Whereas Ceratocystis ulmi and its vectors are no longer considered to be a harmful organism whose introduction must be prohibited in all Member States; whereas it is no longer appropriate to maintain the current provisions set out in Directive 77/93/EEC in relation to this organism harmful to elm trees; whereas these provisions should therefore be deleted;  Whereas it has been determined that Thrips palmi is a harmful organism not yet present in the Community; whereas it is considered that this pest represents a serious danger to, and may be carried upon, a wide range of plants and plant material grown in or imported into the Community; whereas appropriate measures to combat this pest should be included within Directive 77/93/EEC;  Whereas therefore the relevant Annexes of Directive 77/93/EEC should be amended accordingly in the light of developments in scientific or technical knowledge;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 77/93/EEC is hereby amended as indicated in the Annex to this Directive.  Article 2  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive by 1 January 1989 at the latest.  Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive.  The Commission shall inform the other Member States thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 1 July 1988.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 26, 31. 1. 1977, p. 20.  (2) OJ No L 116, 4. 5. 1988, p. 19.  ANNEX  1. The following is added to Annex I, part A (a):  '19. Thrips palmi Karny'  2. The following are deleted from Annex I, part A (a):  '13. Scolytus multistriatus (Marsh.)'  '14. Scolytus scolytus (F.)'  3. The following is deleted from Annex I, part A (d):  '3. Ceratocystis ulmi (Buism.) C. Moreau'  4. The following is deleted from Annex III, part A:  1.2.3 //  //  //  // '10.   // Isolated bark of Ulmus L.  // All countries'   //   //   //  5. The following are deleted from Annex IV, part A:  1.2.3 //  //  //  // '6.   // Wood of Ulmus   // The wood shall be stripped of its bark'   // '14.   // Plants of Ulmus and Zelkova, other than fruit and seeds   // Official statement that no symptoms of Ceratocystis ulmi have been observed either at the place of production or in its imminent vicinity since the beginning of the last complete cycle of vegetation'   //  //   //  6. The following is added to Annex IV, part A:  1.2.3 //  //  //  // '42.   // Plants for planting, other than seeds, originating in countries where Thrips palmi is known to occur   // Official statement: (a) that the place of production has been found free of Thrips palmi, (b) that the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera'   //   //   //  7. The following is deleted from Annex IV, part B:  1.2.3.4 //  //  //  //  // '7.   // Plants of Ulmus and Zelkova for planting, other than fruits and seeds   // Official statement that: (a) the plants are not more than one year old and are of an overall height not exceeding 30 cm, and (b) the plants are raised in a nursery in which, and in the immediate vicinity of which, no symptoms of Ceratocystis ulmi have been observed since the last two complete cycles of vegetation, and  // Denmark, Ireland, United Kingdom (Northern Ireland)'   //  //   // (c) the plants have been treated with appropriate insecticides to protect them against vectors of Ceratocystis ulmi   //   //   //   //   //  8. The following is deleted from Annex V, item 4:  '- Ulmus'


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31996L0026

Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations

Official Journal L 124 , 23/05/1996 P. 0001 - 0010

COUNCIL DIRECTIVE 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operationsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),Whereas Council Directive 74/561/EEC of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations (4), Council Directive 74/562/EEC of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations (5) and Council Directive 77/796/EEC of 12 December 1977 aiming at the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures intended to encourage these operators effectively to exercise their right to freedom of establishment (6) have been substantially amended on a number of occasions; whereas, for reasons of rationality and clarity, the said Directives should be consolidated in a single text;Whereas the organization of the transport market is one of the essential factors in the implementation of the common transport policy provided for in the Treaty;Whereas the adoption of measures aimed at coordinating the conditions of admission to the occupations of road haulage or road passenger transport operators (hereinafter both referred to as 'road transport operator`) is likely to favour effective exercise of the right of establishment of those operators;Whereas it is necessary to provide for the introduction of common rules for admission to the occupation of road transport operator in national and international transport operations in order to ensure that such operators are better qualified, thus contributing to rationalization of the market, improvement in the quality of the service provided, in the interests of users, operators and the economy as a whole, and to greater road safety;Whereas, therefore, the rules for admission to the occupation of road transport operator should cover the good repute, financial standing and professional competence of operators;Whereas, however, it is not necessary to include in these common rules certain kinds of transport which are of limited economic importance;Whereas, since 1 January 1993, access to the market of transfrontier road haulage transport operations has been governed by a system of Community licences issued on the basis of qualitative criteria;Whereas, as regards the good-repute requirement, it is necessary, in order effectively to reorganize the market, to make admission to the pursuit of the occupation of road transport operator uniformly conditional on the applicant having no convictions for serious criminal offences, including offences of a commercial nature, not having been declared unfit to pursue the occupation and on compliance with the regulations applicable to the occupation of road transport operator;Whereas, as regards the requirement of appropriate financial standing, it is necessary, in particular in order to ensure the equal treatment of undertakings in the various Member States, to lay down certain criteria which road transport operators must satisfy;Whereas, in respect of good repute and financial standing, it would be appropriate to acknowledge relevant documents issued by a competent authority in the road transport operator's country of origin or the country whence he comes as sufficient proof for admission to the activities concerned in a host Member State;Whereas, as regards the requirement of professional competence, it is advisable to stipulate that the applicant road transport operator demonstrate such competence by passing a written examination but that Member States may exempt the applicant from such an examination if he provides proof of sufficient practical experience;Whereas, in respect of professional competence, the certificates issued pursuant to the Community provisions on admission to the occupation of road transport operator must be recognized as sufficient proof by the host Member State;Whereas provisions should be made for a system of mutual assistance between Member States for the purpose of applying this Directive;Whereas this Directive must not affect the obligations of the Member States concerning the deadlines for implementation or application of the Directives set out in Annex II, part B,HAS ADOPTED THIS DIRECTIVE:TITLE I Admission to the occupation of road transport operator Article 11. Admission to the occupations of road haulage operator or road passenger transport 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` shall mean the activity of any undertaking transporting goods for hire or reward by means of either a self-contained motor vehicle or a combination of coupled vehicles,- 'the occupation of road passenger transport operator` shall mean the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons - including the driver - and intended for that purpose, passenger transport services for the public or for specific categories of users against payment by the person transported or by the transport organizer,- 'undertaking` shall mean any natural person, any legal person, whether profit-making or not, any association or group of persons 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.Article 21. This Directive shall not apply to undertakings engaged in the occupation of road haulage operator by means of vehicles the permissible payload of which does not exceed 3,5 tonnes or the permissible total laden weight of which does not exceed 6 tonnes. 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 road haulage 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.In the event of unforeseen circumstances, Member States may grant a temporary exemption pending completion of the consultations with the Commission.3. Member States may, after consulting the Commission, exempt from the application of all or some of the provisions of this Directive undertakings engaged exclusively in certain road passenger transport services for non-commercial purposes or having a main occupation other than that of road passenger transport operator, in so far as their transport operations have only a minor impact on the transport market.Article 31. Undertakings wishing to engage in the occupation of road transport 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 requirement (c), the competent authorities may nevertheless permit him to engage in the occupation of road transport operator provided that he designates to the said authorities another person, satisfying requirements (a) and (c), who shall continuously and effectively manage the transport operations of the undertaking.Where the applicant is not a natural person:- requirement (a) must be satisfied by the person or persons who will continuously and effectively manage the transport operations of the undertaking. Member States may require that other persons in the undertaking also satisfy this requirement,- requirement (c) must be satisfied by the person or persons referred to in the first indent.2. Member States shall determine the conditions which must be fulfilled by undertakings established within their territory in order to satisfy the good-repute requirement.They shall provide that this requirement is not satisfied, or is no longer satisfied, if the natural person or persons who are deemed to satisfy this condition under paragraph 1:(a) have been convicted of serious criminal offences, including offences of a commercial nature,(b) have been declared unfit to pursue the occupation of road transport operator under any rules in force,(c) have been convicted of serious, repeated offences against the rules in force concerning:- the pay and employment conditions in the profession, or- road haulage or road passenger transport, as appropriate, in particular the rules relating to drivers' driving and rest periods, the weights and dimensions of commercial vehicles, road safety and vehicle safety.In the cases referred to under (a), (b) and (c), the good-repute requirement shall remain unsatisfied until rehabilitation or any other measure having an equivalent effect has taken place, pursuant to the existing relevant national provisions.3. (a) Appropriate financial standing shall consist in having available sufficient resources to ensure proper launching and proper administration of the undertaking.(b) For the purposes of assessing financial standing, the competent authority shall have regard to: annual accounts of the undertaking, if any; funds available, including cash at bank, overdraft and loan facilities; any assets, including property, which are available to provide security for the undertaking; costs, including purchase cost or initial payment for vehicles, premises, plant and equipment, and working capital.(c) The undertaking must have available capital and reserves of at least:- ECU 3 000 per vehicle used or- ECU 150 per tonne of the maximum authorized weight of the road haulage vehicles used by the undertaking, or- ECU 150 per seat of the passenger transport vehicles used by the undertaking,whichever is the lower.Member States may derogate from the first subparagraph in the case of transport undertakings which pursue their activities exclusively on the national market.(d) For the proposes of points (a), (b) and (c), the competent authority may accept as evidence of financial standing confirmation or assurance given by a bank or other suitably qualified establishment. Such confirmation or assurance may be given in the form of a bank guarantee or by any other similar means.(e) Points (b), (c) and (d) shall apply only to undertakings authorized in a Member State, as from 1 January 1990, under national rules, to engage in the activities of road transport operator.4. The condition relating to professional competence shall consist in the possession of skills demonstrated by passing a written examination, which may take the form of a multiple-choice examination, organized by the authority or body designated for this purpose by each Member State in the subjects listed in Annex I.Member States may exempt from examination applicant road transport operators who provide proof of at least five years' practical experience in a transport undertaking at management level.Member States may exempt the holders of certain advanced diplomas or technical diplomas which provide proof of a sound knowledge of the subjects listed in Annex I to be defined by them from sitting an examination in the subjects covered by the diplomas.A certificate issued by the authority or body referred to in the first subparagraph must be produced as proof of professional competence.Article 4Member States shall determine the circumstances in which a road transport undertaking may, notwithstanding 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 road transport operator or of the natural person who satisfies the requirements of Article 3 (1) (a) and (c).The competent authorities in the Member States may, by way of exception and in certain special cases, definitively authorize a person not fulfilling the requirement 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.Article 51. Undertakings furnishing proof that before:- 1 January 1978 for Belgium, Denmark, Germany, France, Ireland, Italy, Luxembourg, Netherlands and the United Kingdom,- 1 January 1984 for Greece,- 1 January 1986 for Spain and Portugal,- 3 October 1989 for the territory of the former German Democratic Republic,they were authorized under national rules in a Member State to engage in the occupation of either road haulage or road passenger transport operator, as appropriate, in national and/or international road transport operations shall be exempt from the requirement to furnish proof that they satisfy the provisions of Article 3.2. However, those natural persons who:- after 31 December 1974 and before 1 January 1978 for Belgium, Denmark, Germany, France, Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom,- after 31 December 1980 and before 1 January 1984 for Greece,- after 31 December 1982 and before 1 January 1986 for Spain and Portugal,- after 2 October 1989 and before 1 January 1992 for the territory of the former German Democratic Republic,were:- authorized to engage in the occupation of either road haulage or road passenger transport operator, as appropriate, without having furnished proof, under national regulations, of their professional competence, or- designated effectively and continuously to manage the transport operations of the undertaking,must have satisfied the condition of professional competence referred to in Article 3 (4) before:- 1 January 1980 for Belgium, Denmark, Germany, France, Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom,- 1 January 1986 for Greece,- 1 January 1988 for Spain and Portugal,- 1 July 1992 for the territory of the former German Democratic Republic.The same requirement shall apply in the case referred to in the third subparagraph of Article 3 (1).Article 61. 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 transport operator shall state the grounds on which they are based.2. Member States shall see to it that the competent authorities withdraw the authorization to pursue the occupation of road transport operator if they establish that the conditions 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 see to it that the undertakings covered by this Directive are able to defend their interests by appropriate means.Article 71. Where serious offences or minor, repeated offences against the rules governing either road haulage or road passenger transport, as appropriate, have been committed by non-resident road transport operators and might lead to withdrawal of the authorization to practise as a road transport operator, the Member States shall provide the Member State in which such a road transport operator is established with all the information in their possession concerning those offences and the penalties they have imposed.2. If a Member State withdraws the authorization to practise as a road transport operator in international transport operations, it shall inform the Commission, which shall pass the necessary information to the Member States concerned.3. Member States shall afford each other mutual assistance for the purpose of applying this Directive.TITLE II Mutual recognition of diplomas, certificates and other evidence of formal qualifications Article 81. Member States shall, in respect of the activities referred to in this Directive, take the measures defined in this Directive concerning the establishment in their territories of the natural persons and undertakings referred to in Title I of the general programme for the abolition of restrictions on freedom of establishment (7).2. Without prejudice to paragraphs 3 and 4, a host Member State shall, for the purpose of admission to the occupation of road transport operator, accept as sufficient proof of good repute or of no previous bankruptcy an extract from a judicial record, or failing that, an equivalent document issued by a competent judicial or administrative authority in the road transport operator's country of origin or the country whence he comes, showing that these requirements have been met.3. Where the host Member State imposes on its own nationals certain requirements as to good repute and proof that such requirements are satisfied cannot be obtained from the document referred to in paragraph 2, that State shall accept as sufficient evidence in respect of nationals of other Member States a certificate issued by a competent judicial or administrative authority in the country of origin or in the country whence the foreign national comes stating that the requirements in question have been met. Such certificates shall relate to the specific facts regarded as relevant by the host country.4. Where the country of origin or country whence the foreign national comes does not issue the document required in accordance with paragraphs 2 and 3, such document may be replaced by a declaration on oath or by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary in that person's country of origin or the country whence he comes; such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration. The declaration in respect of no previous bankruptcy may also be made before a competent professional body in the same country.5. Documents issued in accordance with paragraphs 2 and 3 shall not be accepted if produced more than three months after their date of issue. This condition shall apply also to declarations made in accordance with paragraph 4.Article 91. Where in a host Member State a certificate is required as proof of financial standing, that State shall regard corresponding certificates issued by banks in the country of origin or in the country whence the foreign national comes or by other financial bodies designated by that country, as equivalent to certificates issued in its own territory.2. Where a Member State imposes on its own nationals certain requirements as to financial standing and where proof that such requirements are satisfied cannot be obtained from the document referred to in paragraph 1, that State shall accept as sufficient evidence, in respect of nationals of other Member States, a certificate issued by a competent administrative authority in the country of origin or in the country whence the foreign national comes, stating that the requirements in question have been met. Such certificate shall relate to the specific facts regarded as relevant by the host country.Article 101. As from 1 January 1990, Member States shall recognize as sufficient proof of professional competence certificates as referred to in the fourth subparagraph of Article 3 (4) which are issued by another Member State.2. With regard to undertakings authorized in Greece, before 1 January 1981, or, in the other Member States, before 1 January 1975, under national rules, to engage in the occupation of road haulage operator or road passenger transport operator in national and/or international road transport and in so far as the undertakings concerned are companies or firms within the meaning of Article 58 of the Treaty, Member States shall accept as sufficient proof of professional competence certificates stating that the activity concerned has actually been carried on in a Member State for a period of three years. This activity must not have ceased more than five years before the date of submission of the certificate.In the case of a legal person, the certificate stating that the activity has actually been carried on shall be issued in respect of one of the natural persons actually in charge of the transport activities of the undertaking.3. The certificates issued to road transport operators before 1 January 1990 as proof of their professional competence pursuant to the provisions in force until that date shall be deemed equivalent to the certificates issued pursuant to the provisions of this Directive.TITLE III Final provisions Article 11Member States shall designate the authorities and bodies competent to issue the documents referred to in Article 8 (2) and in Article 9 and the certificate referred to in Article 10 (2). They shall immediately inform the other Member States and the Commission thereof.Article 12Articles 8 to 11 shall also apply to nationals of member States who, pursuant to Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (8), carry on the activities of road haulage or road passenger transport operator in the capacity of employees.Article 131. Member States shall take the measures necessary to comply with the provisions of this Directive, no later than the dates listed in Annex II, part B, after consulting the Commission.2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.Article 14The Directives listed in Annex II, part A, are hereby repealed, without prejudice to the obligations of the Member States regarding the time limits for implementation or application set out in Annex II, part B.References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex III.Article 15This Directive is addressed to the Member States.Done at Luxembourg, 29 April 1996.For the CouncilThe PresidentW. LUCHETTI(1) OJ No C 286, 14. 11. 1990, p. 4 and amendment forwarded on 16 December 1993.(2) OJ No C 339, 31. 12. 1991, p. 5 and OJ No C 295, 22. 10. 1994, p. 30.(3) Opinion of the European Parliament of 13 December 1991 (OJ No C 13, 20. 1. 1992, p. 443) and of 20 April 1994 (OJ No C 128, 9. 5. 1994, p. 136), common position of the Council of 8 December 1995 (OJ No C 356, 30. 12. 1995) and Decision of the European Parliament of 28 March 1996 (not yet published in the Official Journal).(4) OJ No L 308, 19. 11. 1974, p. 18. Directive as last amended by Regulation (EEC) No 3572/90 (OJ No L 353, 17. 12. 1990, p. 12).(5) OJ No L 308, 19. 11. 1974, p. 23. Directive as last amended by Regulation (EEC) No 3572/90 (OJ No L 353, 17. 12. 1990, p. 12).(6) OJ No L 334, 24. 12. 1977, p. 37. Directive as last amended by Directive 89/438/EEC (OJ No L 212, 22. 7. 1989, p. 101) and corrigendum (OJ No L 298, 17. 10. 1989, p. 31).(7) OJ No 2, 15. 1. 1962, p. 36/62.(8) OJ No L 257, 19. 10. 1968, p. 2. Regulation as last amended by Regulation (EEC) No 2434/92 (OJ No L 245, 26. 8. 1992, p. 1).ANNEX I LIST OF SUBJECTS REFERRED TO IN ARTICLE 3 (4) The knowledge to be taken into consideration for the official recognition of professional competence must cover at least the subjects listed below. These must be described in full detail and have been worked out or approved by the competent national authorities. They must be so designed as to be within the grasp of those persons whose education corresponds to the level normally reached at school-leaving age.A. SUBJECTS OF WHICH KNOWLEDGE IS REQUIRED FOR ROAD TRANSPORT OPERATORS INTENDING TO ENGAGE EXCLUSIVELY IN NATIONAL TRANSPORT OPERATIONS LawElements of civil, commercial, social and fiscal law, as necessary for engaging in the occupation, with particular emphasis on:- general contracts;- transport contracts, with particular reference to the responsibility of the haulage operator (nature and limits);- commercial companies;- ledgers;- rules governing labour, social security;- taxation systems.1. Road haulage operator(a) Business and financial management of an undertaking- methods of payment and financing;- costing;- pricing and haulage terms;- business accounts;- insurance;- invoicing;- transport agents;- management techniques;- marketing.(b) Access to the market- provisions relating to the taking up and pursuit of the occupation;- transport documents.(c) Technical standards and aspects of operation- weight and dimensions of vehicles;- vehicle selection;- type-approval and registration;- vehicle maintenance standards;- loading and unloading of vehicles;- carriage of dangerous goods;- carriage of foodstuffs;- the relevant environmental protection concepts with reference to the use and maintenance of motor vehicles.(d) Road safety- laws, regulations and administrative provisions applicable to traffic;- traffic safety;- accident prevention and procedure in the event of an accident.2. Road passenger transport operator(a) business and financial management of an undertaking- methods of payment and financing;- costing;- system of fares, prices and conditions of transport;- business accounts;- insurance;- invoices;- travel agencies;- management techniques;- marketing.(b) Regulation of road passenger services- institution of transport services and transport plans;- conditions of fulfilment of passenger services;- provisions relating to admission to, and pursuit of, the occupation;- transport documents.(c) Technical standards and aspects of operation- vehicle selection;- type-approval and registration;- vehicle maintenance standards;- the relevant environmental protection concepts with reference to the use and maintenance of motor vehicles.(d) Road safety- laws, regulations and administrative provisions applicable to traffic;- traffic safety;- geographical knowledge of routes;- accident prevention and procedure in the event of an accident.B. SUBJECTS OF WHICH KNOWLEDGE IS REQUIRED FOR ROAD TRANSPORT OPERATORS INTENDING TO ENGAGE IN INTERNATIONAL TRANSPORT Law- subjects listed under A as appropriate;- provisions applicable either to the transport of goods or of passengers by road, as appropriate, between Member States and between the Community and non-member countries, arising out of national laws, Community standards, international conventions and agreements;- customs practices and other formalities related to transport controls;- main traffic regulations in the Member States.ANNEX II PART A REPEALED DIRECTIVES (referred to in Article 14)- Directive 74/561/EEC- Directive 74/562/EEC- Directive 77/796/EECand their successive amendments:- Directive 80/1178/EEC- Directive 80/1179/EEC- Directive 80/1180/EEC- Directive 85/578/EEC- Directive 85/579/EEC- Directive 89/438/EEC- Regulation (EEC) No 3572/90: only Articles 1 and 2PART B >TABLE>ANNEX III >TABLE>