PREVIOUD COMMUNITY LEGISLATION: there are several Directives governing this
subject; the principal texts are mentioned in the lengthy title of
Directive 89/438/EEC OJ L 212, 22.7.1989 of 21 June 1989 amending Directive
74/651/EEC OJ L 308, 19.11.1974 on admission to the occupation of road
haulage operator in national and international transport operations,
Directive 74/562/EEC on admission to the occupation of road passenger
transport operator in national and international transport operations and
Directive 77/796/EEC OJ L 334, 24.12.1977 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. These Directives make admission to the
occupation of haulage operator subject to three conditions, namely good
repute, appropriate financial standing, and professional competence. In
December 1993 the Commission submitted a proposal for a Directive to codify
the above provisions.
PREVIOUS POSITION OF EP: when it considered the proposal corresponding to
Directive 89/438/EEC, the EP adopted three amendments aimed at tightening up
the three conditions specified in the preceding paragraph: it accordingly
called for penalties imposed on employees for breaches of good repute in the
exercise of their occupation to be deemed to apply to the firm for which
those employees worked, for financial guarantees to be extended to cover
hired vehicles, and for licence-holders whose professional competence has
been established by the proper public authority to be employed on the
permanent staff of the firms for which they work. The EP has endorsed the
codifying proposal.
SITUATION IN THE MEMBER STATES: according to Celex, Directive 74/561/EEC is
enforced in all the Member States, Directive 74/562/EEC is enforced in all
the Member States except Greece and Italy, and Directive 89/438/EEC is
enforced in all the Member States except France and Ireland. Celex does not
yet contain data relating to Austria, Finland, and Sweden; 'exceptions' as
regards enforcement of a Directive must be taken to mean that no information
is available in Celex on the countries concerned.