Activites

• 1998/10/14 Final act published in Official Journal
  • Directive 1998/76
  • OJ L 277 14.10.1998, p. 0017
• #2119
• 1998/10/01 Council Meeting
• 1998/10/01 End of procedure in Parliament
• 1998/10/01 Act adopted by Council after consultation of Parliament
• 1998/07/29 Modified legislative proposal published
  • COM(1998)0501 summary

    The Commission re-examined proposal has incorporated Parliament's amendments on: - including the combat of fraud within the provisions on good repute; - taking account of the introduction of the euro within the provisions on financial standing; - allowing national authorities under certain conditions to delay assessment of an undertaking's financial standing for up to one year; - equating serious offences detected between resident and non-resident transport operators; - including the combat of fraud within the examination syllabus. The Commission has rejected the other amendments which aimed to delete the compromise provisions included in the common position concerning 'diploma tourism', �

• 1998/06/17 Decision by Parliament, 2nd reading
  • T4-0356/1998 summary

    The European Parliament adopted the draft recommendation for second reading by Mrs Maria BERGER (PSE, A) following the work carried out by the committee of inquiry into fraud in Community transit. Parliament insisted on including knowledge of the Community transit system, the common transit system, the procedure introduced under the TIR convention and measures to combat fraud in connection with these procedures in the conditions of admission to the occupation of road haulage operator. Similarly, infringements of the rules of the transit system could constitute grounds for a ban from practising as a road haulage operator. The amendments also seek to strengthen the entrepreneur's financial standing by taking account of the entry into force of the euro on 1 January 1999.�

• 1998/06/16 Debate in Parliament
• 1998/06/02 Vote in committee, 2nd reading
  • A4-0215/1998
• 1998/04/02 Committee referral announced in Parliament, 2nd reading
• #2074
• 1998/03/17 Council Meeting
  • 12435/1/1997 summary

    The Council common position incorporates two amendments proposed by Parliament at first reading, in particular the amendment aiming to provide for a system of penalties for infringements of the Directive. The Council has also made significant changes to the Commission modified proposal. (a) the scope of the Directive is widened: the directive currently in force applies to operators using vehicles whose maximum authorized weight (MAW) exceeds 6 tons, while the common position also covers transport operators using vehicles whose MAWs exceed 3.5 tons. Member States can exempt from the application of the directive operators using vehicles whose MAWs are between 3.5 and 6 tons on condition that they are engaged exclusively in local transport and have only a minor impact on the transport market. (b) The provisions concerning the requirement of good repute provide that this condition is not or is no longer fulfilled if an operator has been convicted of serious offences against certain rules governing transport, including offences against rules concerning the protection of the environment and professional liability (the condition of repetition has been deleted). (c) The financial requirements have been simplified: the common position no longer provides for different figures depending on the weight of an undertaking's haulage vehicles or the seating capacity of its passenger vehicles; the undertaking must have available capital and reserves of at least ECU 9000 when only one vehicle is used and at least ECU 5000 for each additional vehicle. (d) With regard to professional competence, the common position provides for: - a more detailed examination procedure, updating and extending the list of examination subjects and the introduction of a minimum harmonized level of the knowledge required for each subject; - the maintenance of different examinations depending on whether the applicant intends to operate national or international transport; - permanent exemption from the examination for applicants who supply proof of at least five years' practical experience, provided that they sit a test, the arrangements for which are determined by the Member States, in accordance with the subjects listed in Annex I to the directive; - the establishment of a form of Community certificate of professional competence, this document to provide sufficient proof for mutual recognition of professional competence; - a provision that Member States, for a limited period and having first consulted the Commission, may require transport operators who are normally resident in their territory and hold a certificate obtained for the first time in another country, to pass an additional examination covering the specific knowledge relating to the national aspects of the occupation of road haulage operator. (e) With regard to monitoring application of the directive, the common position provides that the Member States shall check regularly, at least every five years, that the conditions governing access to the occupation are still fulfilled; the Member States must inform the competent authorities of the country in which the haulage operator is established of any infringements of transport rules committed on their territory. The common position provides that the Member States are to transpose the directive within a year of its entry into force. All road transport operators covered by the directive and plying the trade before the directive becomes applicable must comply with the new requirements regarding financial standing within two years of it becoming applicable. �

• #2031
• 1997/10/09 Council Meeting
• 1997/10/06 Modified legislative proposal published
  • COM(1997)0501 summary

    The European Commission's amended proposal took account of the European Parliament's amendments concerning the following points: - including the combat of fraud and a criteria for assessing repeated minor offences in the provisions of good repute; - harmonising the concept of 'capital and reserves' for assessing financial standing in accordance with Directive 78/660/EEC; - allowing national authorities under certain conditions to delay assessment of an undertaking's financial standing for up to one year; - equating certain offences detected between resident and non-resident transport operators. The Commission could not accept the amendments that: - referred, in particular, to offences involving the transport of live animals in the provisions of good repute; - referred to an administrative conviction in the provisions of good repute; - changed the transitional period for Austria, Finland and Sweden to take account of the fact that they were members of the EEA; - required candidates for professional exams to have a detailed knowledge of a particular area of customs legislation. �

• 1997/07/17 Decision by Parliament, 1st reading/single reading
  • T4-0387/1997 summary

    In adopting the report by Mrs Maria BERGER (PSE, A), the European Parliament approved the Commission proposal with amendments. The amendments adopted stressed, in particular, with regard to the good repute of the persons concerned, the need to underline the importance of combating fraud in the Community transit procedure and the transport of live animals and, in assessing whether there was evidence of repeated minor offences, to take into account the number of journeys carried out by the undertaking concerned. Parliament also improved the text by rendering the good repute requirement for natural persons more stringent: under Parliament's amendment, this requirement would not be satisfied not only if natural persons had been convicted of one serious criminal offence (which prevents them from working as hauliers) but also if they had been convicted of certain repeated minor offences, including offences under the Community transit procedure and in connection with the transport of live animals. Another amendment specified the knowledge which the persons concerned must possess. (They must have a thorough knowledge of the Community and common transit procedure and the procedure under the TIR Convention in all their details; be familiar with computer systems relating to the transit procedure and, as soon as the transit procedure based on paper documentation is replaced by procedures based on new technologies, have a thorough knowledge of these in all their details; be familiar with anti-fraud measures in the field of the transit procedure; be familiar with all fraud-related provisions of the administrative, civil and criminal law of the Member State of origin; be familiar with the role and function of the UCLAF.)�

• 1997/07/15 Debate in Parliament
• 1997/07/01 Vote in committee, 1st reading/single reading
  • A4-0238/1997
• 1997/02/21 Committee referral announced in Parliament, 1st reading/single reading
• 1997/02/04 Legislative proposal published
  • COM(1997)0025 summary

    OBJECTIVE: to pursue the harmonization process concerning access to the profession of road transport operator by removing elements of distortion of competition. SUBSTANCE: the Commission proposes amending directive 96/26/EC in order to: - indicate the scope of application of the directive for the professional carriage of goods and passengers by road: the new requirements will apply to all professional road haulage operators, irrespective of the size of the vehicles used; - stress that the good repute requirements of the operator are not satisfied if there are convictions of one serious criminal offence or of certain repeated minor offences; infringements of the rules relating to the protection of the environment and professional liability are added as transport related infringements. Another significant amendment concerns the requirements of financial standing: - the amount of available capital and reserves is increased to at least ECU 9 000 when only one vehicle is used and ECU 5 000 for each additional vehicle; - road haulage undertakings operating vehicles with a permissible payload which does not exceed 3.5 tonnes or the permissible total laden weight of which does not exceed 6 tonnes need to have for these vehicles a financial standing of at least ECU 9 000 when only one vehicle is used and ECU 700 per 500 kg of the maximum authorized weight for each additional vehicle. - undertakings using vehicles able to transport more than nine but less than 20 people must have a financial standing of at least ECU 9 000 when only one vehicle is used and ECU 250 for each seat for each additional vehicle; The proposal for a directive also makes provision for: - the obligation for road transport operators to have the necessary knowledge for both national and international transport operations; - deletion of the provision to exempt from the examination road transport operators who provide proof of at least five years practical experience in order to ensure that transport operators are subject from the entry into force of the directive to the same tests; - the introduction of transitional arrangements for Austria, Finland and Sweden; - the requirement for all road transport undertakings to satisfy all the requirements of good repute and financial standing not later than 1 January 2000; - a check every five years on observance of the provisions of the directive by road transport operators; - the up-dating of the list of subjects required and the detailed definition of the system of the examination in order to ensure that knowledge is assessed in a uniform manner.�

• 1995/06/16 Additional information

Documents

• Legislative proposal published: COM(1997)0025
• Committee report tabled for plenary, 1st reading/single reading: A4-0238/1997
• Decision by Parliament, 1st reading/single reading: T4-0387/1997
• Modified legislative proposal published: COM(1997)0501
• Council position published: 12435/1/1997
• Committee recommendation tabled for plenary, 2nd reading: A4-0215/1998
• Decision by Parliament, 2nd reading: T4-0356/1998
• Modified legislative proposal published: COM(1998)0501
• : Directive 1998/76
• : OJ L 277 14.10.1998, p. 0017

History

(these mark the time of scraping, not the official date of the change)