91997E3074

WRITTEN QUESTION E-3074/97 by Amedeo Amadeo (NI) to the Commission (2 October 1997)

Subject: Admission to the occupation of road haulage operator

This question concerns the proposal for a Council Directive 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 (COM(97) 25 final - 97/0029 SYN) ((OJ C 95, 24.3.1997, p. 66. )).

In directives 74/561/EEC ((OJ L 308, 19.11.1974, p. 18. )), 74/562/EEC ((OJ L 308, 19.11.1974, p. 23. )) and 77/796/EEC ((OJ L 334, 24.12.1977. p. 37. )) the Council adopted measures designed to harmonize the requirements for access to the occupation of road haulage operator and to promote the freedom of establishment of operators in the sector.

Despite the requirements laid down in these directives, there are discrepancies in the Member States which can cause imbalances and potential distortions of competition; furthermore, the professional qualifications have not yet reached levels appropriate to the role they are to play.

Although it is appreciated that the Commission is attaching more importance to competence and knowledge of law and business management in the text proposed for the annexes (Parts I and II), can it ensure that the assessment of the road haulage operators is carried out by the competent authorities in such a way as to guarantee correct compliance with the requirements listed in Article 3(1)?

Answer given by Mr Kinnock on behalf of the Commission (17 November 1997)

The Commission proposal not only seeks to raise the standard of the three criteria for admission to the occupation of road haulage operator and road passenger transport operator but also for the first time introduces the concept of checks by Member State authorities.

Those checks will have to be carried out every five years on every undertaking which is engaged in road transport services to ensure that all three criteria are met, with an additional check between the second and third year to ensure that the financial criterion continues to be met. The checks are viewed by the Commission as essential to ensure that standards in the industry are maintained. The Economic and Social Committee in its opinion of the 28 May 1997, and the Parliament in its opinion of 17 July 1997 following its first reading, endorsed the Commission's proposal for these checks. The Council has yet to adopt a common position.