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.

For the purposes of this Directive:

F1— ‘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 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 personalityF1,

F2— ‘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.

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.

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.

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,

• F21 January 1995 for Austria, Finland and Sweden,

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.

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,

• F2after 31 December 1994 and before 1 January 1997 for Austria, Finland and Sweden,

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 continously 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 RepublicF1,

• F21 January 1997 for Austria, Finland and Sweden.

The same requirement shall apply in the case referred to in the third subparagraph of Article 3 (1).

Decisions taken by the competent authorities of the Member States pusuant 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.

F2Member 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.

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.

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.

Where 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.

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Member States shall afford each other mutual assistance for the purpose of applying this Directive.

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 establishment7.

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 F3or 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.

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.

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.F3 The declaration in respect of no previous bankruptcy may also be made before a competent professional body in the same country.

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.

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.

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.

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.

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.

The certificates issued to road transport operators before F11 October 1999 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.

By way of derogation from paragraph 3, certificates issued to road transport operators before the date of accession in the Czech Republic shall only be deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

• international road haulage and passenger transport operators under the Act on Road Transport No 111/1994 Sb., as amended by Act No 150/2000 Sb., since 1 July 2000;

• domestic road haulage and passenger transport operators under the Act on Road Transport No 111/1994 Sb., as amended by Act No 150/2000 Sb., since 1 January 2003.

By way of derogation from paragraph 3, certificates issued to road transport operators before the date of accession in Estonia shall only be deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

• international and domestic road haulage operators under the Road Transport Act of 7 June 2000 (RT I 2000, 54, 346) since 1 October 2000;

• international and domestic road passenger operators under the Public Transport Act of 26 January 2000 (RT I 2000, 10, 58) since 1 October 2000.

By way of derogation from paragraph 3, certificates issued to road transport operators before the date of accession in Latvia shall only be deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

• international and domestic road haulage and road passenger transport operators under the Law on Carriage by Road and Regulation of the Ministry of Transport No 9 of 6 February 2001 on the Examination Commission for the Award of Certificates of Professional Competence in National and International Road Haulage and Passenger Transport, since 1 April 2001.

By way of derogation from paragraph 3, certificates issued to road transport operators before the date of accession in Lithuania shall only be deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

• international and domestic road haulage and road passenger transport operators under Order of the Minister of Transport and Communications No 3-20 on Examination of Persons Leading Licensed Activities in Road Transport on professional competence of 13 January 2003 since 17 January 2003.

By way of derogation from paragraph 3, certificates issued to road transport operators before the date of accession in Hungary shall only be deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

• international road haulage operators under Government Decree No 20/1991 (I. 29.) Korm. amending Decree No 89/1988 (XII. 20.) MT of the Council of Ministers since 1 February 1991;

• domestic road haulage operators under Government Decree No 31/1995 (III. 24.) Korm. amending Decree No 89/1988 (XII. 20.) MT of the Council of Ministers since 1 April 1995;

• road haulage operators under Government Decree No 68/2001 (IV.20.) Korm. amending Decree No 89/1988 (XII. 20.) MT of the Council of Ministers since 1 May 2001;

• road passenger operators under Decree No 49/2001 (XII. 22.) KöViM of the Minister of Transport and Water Management since 1 January 2002.

By way of derogation from paragraph 3, certificates issued to road transport operators before the date of accession in Poland shall only be deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to international and domestic road haulage and passenger operators under the Law on Road Transport of 6 September 2001 since 1 January 2002.

By way of derogation from paragraph 3, certificates issued to road transport operators before the date of accession in Slovakia shall only be deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to international and domestic road haulage and road passenger transport operators under the Road Transport Act No 168/1996, as amended on 19 August 2002, since 1 September 2002.

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.

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.