Part A – Requirements for road haulage operators in accordance with Article ROAD.5 of this
Agreement
Section 1. Admission to, and the pursuit of, the occupation of road haulage operator
Article 1 – Scope
This Section governs admission to, and the pursuit of, the occupation of road haulage operator and shall apply to all road haulage operators of a Party engaged in the transport of goods within the scope of Article ROAD.4 [Transport of goods between, through and within the territories of the Parties] of this Agreement.
Article 2 – Definitions
For the purposes of this Section,
(a) “authorisation to pursue the occupation of road haulage operator” means an administrative decision which authorises a natural or legal person who fulfils the conditions laid down in this Section to pursue the occupation of road haulage operator;
(b) “competent authority” means a national, regional or local authority in a Party which, for the purpose of authorising the pursuit of the occupation of road haulage operator, verifies whether a natural or legal person fulfils the conditions laid down in this Section, and which is empowered to grant, suspend or withdraw an authorisation to pursue the occupation of road haulage operator; and
(c) “normal residence” means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal ties which show close links between that person and the place where that person is living.
Article 3 – Requirements for engagement in the occupation of road haulage operator
Natural or legal persons engaged in the occupation of road haulage operator shall:
(a) have an effective and stable establishment in a Party as laid down in Article 5 of this Section;
(b) be of good repute as laid down in Article 6 of this Section;
(c) have appropriate financial standing as laid down in Article 7 of this Section; and
(d) have the requisite professional competence as laid down in Article 8 of this Section.
Article 4 – Transport manager
1. A road haulage operator shall designate at least one natural person to be the transport manager, who effectively and continuously manages its transport activities and fulfils the requirements set out in points (b) and (d) of Article 3 and who:
(a) has a genuine link to the road haulage operator, such as being an employee, director, owner or shareholder or administering it, or is that person; and
(b) is resident in the Party in the territory of which the road haulage operator is established.
2. If a natural or legal person does not fulfil the requirement of professional competence, the competent authority may authorise the natural or legal person to engage in the occupation of road haulage operator without designating a transport manager in accordance with paragraph 1, provided that:
(a) the natural or legal person designates a natural person residing in the Party of establishment of the road haulage operator who fulfils the requirements laid down in points (b) and (d) of Article 3 and who is entitled under contract to carry out duties as transport manager on behalf of the undertaking;
(b) the contract linking the natural or legal person with the person referred to in point (a) specifies the tasks to be performed on an effective and continuous basis by that person and indicates that person’s responsibilities as transport manager. The tasks to be specified shall comprise, in particular, those relating to vehicle maintenance management, verification of transport contracts and documents, basic accounting, the assignment of loads or services to drivers and vehicles, and the verification of safety procedures;
(c) in his or her capacity as transport manager, the person referred to in point (a) may manage the transport activities of up to four different road haulage operators carried out with a combined maximum total fleet of 50 vehicles; and
(d) the person referred to in point (a) performs the specified tasks solely in the interests of the natural or legal person and that person’s responsibilities are exercised independently of any natural or legal persons for which it carries out transport operations.
3. A Party may decide that a transport manager designated in accordance with paragraph 1 may not in addition be designated in accordance with paragraph 2, or may only be so designated in respect of a limited number of natural or legal persons or a fleet of vehicles that is smaller than that referred to in point (c) of paragraph 2.
4. The natural or legal person shall notify the competent authority of the transport manager or managers designated.
Article 5 – Conditions relating to the requirement of establishment
In order to fulfil the requirement of effective and stable establishment in the Party of establishment, a natural or legal person shall:
(a) have premises at which it is able to access the originals of its core business documents, whether in electronic or any other form in particular its transport contracts, documents relating to the vehicles at the disposal of the natural or legal person, accounting documents, personnel management documents, labour contracts, social security documents, documents containing data on the dispatching and posting of drivers, documents containing data relating to journeys, driving time and rest periods, and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Section;
(b) be registered in the register of commercial companies of that Party or in a similar register whenever required under national law;
(c) be subject to tax on revenues and, whenever required under national law, have assigned a VAT registration number;
(d) once an authorisation has been granted, have at its disposal one or more vehicles which are registered or put into circulation and authorised to be used in conformity with the legislation of that Party, regardless of whether those vehicles are wholly owned or, for example, are held under a hire-purchase agreement or under a hire or leasing contract;
(e) effectively and continuously conduct its administrative and commercial activities with the appropriate equipment and facilities at premises as referred to in point (a) situated in that Party and manage effectively and continuously its transport operations using the vehicles referred to in point (f) with the appropriate technical equipment situated in that Party; and
(f) on an ongoing basis, have at its regular disposal a number of vehicles complying with the conditions laid down in point (d) and drivers normally based at an operational centre in that Party, proportionate to the volume of transport operations carried out by the undertaking.
Article 6 – Conditions relating to the requirement of good repute
1. Subject to paragraph 2, the Parties shall determine the conditions to be met by natural or legal persons and transport managers in order to fulfil the requirement of good repute.
In determining whether a natural or legal person has fulfilled that requirement, the Parties shall consider the conduct of the natural or legal person, its transport managers, executive directors and any other relevant person as may be determined by the Party. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties or infringements of the natural or legal person itself, its transport managers, executive directors and any other relevant person as may be determined by the Party.
The conditions referred to in the first part of this paragraph shall include at least the following:
(a) that there be no compelling grounds for doubting the good repute of the transport manager or the road haulage operator, such as convictions or penalties for any serious infringement of national rules in force in the fields of:
(i) commercial law;
(ii) insolvency law;
(iii) pay and employment conditions in the profession;
(iv) road traffic;
(v) professional liability;
(vi) trafficking in human beings or drugs;
(vii) tax law; and
(b) that the transport manager or the road haulage operator have not in one or both Parties been convicted of a serious criminal offence or incurred a penalty for a serious infringement of the rules of Title I of Heading Three of Part Two [Transport of goods by road] of this Agreement or of national rules relating in particular to:
(i) the driving time and rest periods of drivers, working time and the installation and use of recording equipment;
(ii) the maximum weights and dimensions of commercial vehicles used in international traffic;
(iii) the initial qualification and continuous training of drivers;
(iv) the roadworthiness of commercial vehicles, including the compulsory technical inspection of motor vehicles;
(v) access to the market in international road haulage;
(vi) safety in the carriage of dangerous goods by road;
(vii) the installation and use of speed-limiting devices in certain categories of vehicle;
(viii) driving licences;
(ix) admission to the occupation;
(x) animal transport;
(xi) the posting of workers in road transport;
(xii) the law applicable to contractual obligations; and
(xiii) journeys whose points of loading and unloading are situated in the other Party.
2. For the purposes of point (b) of the third subparagraph of paragraph 1 of this Article, where the transport manager or the road haulage operator has been convicted of a serious criminal offence or has incurred a penalty for one of the most serious infringements as set out in Appendix ROAD.A.1.1 in one or both Parties, the competent authority in the Party of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure, which shall include, if appropriate, an on-site inspection at the premises of the natural or legal person concerned.
During the administrative procedure, the competent authority shall assess whether, due to specific circumstances, the loss of good repute would constitute a disproportionate response in the individual case. In that assessment, the competent authority shall take into account the number of serious infringements of the rules as referred to in the third subparagraph of paragraph 1 of this Article, as well as the number of most serious infringements as set out in Appendix ROAD.A.1.1 for which the transport manager or the road haulage operator have been convicted or had penalties imposed on them. Any such finding shall be duly reasoned and justified.
Where the competent authority finds that the loss of good repute would be disproportionate, it shall decide that the natural or legal person concerned continues to be of good repute. Where the competent authority does not find that the loss of good repute would be disproportionate, the conviction or penalty shall lead to the loss of good repute.
3. The Specialised Committee on Road Transport shall draw up a list of categories, types and degrees of seriousness of serious infringements which, in addition to those set out in Appendix ROAD.A.1.1, may lead to the loss of good repute.
4. The requirement of good repute shall not be fulfilled until a rehabilitation measure or any other measure having an equivalent effect has been taken pursuant to the relevant provisions of national law of the Parties.
Article 7 – Conditions relating to the requirement of financial standing
1. In order to fulfil the requirement of financial standing, a natural or legal person shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The natural or legal person shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal capital and reserves:
(a) totalling at least EUR 9 000 / GBP 8 000 when only one motor vehicle is used, EUR 5 000 / GBP 4 500 for each additional motor vehicle or combination of vehicles used that has a permissible laden mass exceeding 3.5 tonnes and EUR 900 / GBP 800 for each additional motor vehicle or combination of vehicles that has a permissible laden mass, exceeding 2.5 tonnes but not 3.5 tonnes;
(b) natural or legal persons engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles that have a permissible laden mass exceeding
2.5 tonnes but not 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal capital and reserves totalling at least EUR 1 800 / GBP 1 600 when only one vehicle is used and EUR 900 / GBP 800 for each additional vehicle used.
2. By way of derogation from paragraph 1, the competent authority may agree or require that an undertaking demonstrate its financial standing by means of a certificate determined by the competent authority, such as a bank guarantee or an insurance, including a professional liability insurance from one or more banks or other financial institutions including insurance companies or another binding document providing a joint and several guarantee for the undertaking in respect of the amounts specified in point (a) of paragraph 1.
3. By way of derogation from paragraph 1, in the absence of certified annual accounts for the year of an undertaking’s registration, the competent authority shall agree that an undertaking is to demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document as determined by the competent authority proving that the undertaking has at its disposal the amounts specified in point (a) of paragraph 1.
4. The annual accounts referred to in paragraph 1, and the guarantee referred to in paragraph 2, which are to be verified, are those of the economic entity established in the Party in which an authorisation has been applied for and not those of any other entity established in the other Party.
Article 8 – Conditions relating to the requirement of professional competence
1. In order to satisfy the requirement of professional competence, the person or persons concerned shall possess knowledge corresponding to the level provided for in Part I of Appendix ROAD.A.1.2 in the subjects listed therein. That knowledge shall be demonstrated by means of a compulsory written examination which, if a Party so decides, may be supplemented by an oral
examination. Those examinations shall be organised in accordance with Part II of Appendix ROAD.A.1.2. To this end, a Party may decide to impose training prior to the examination.
2. The persons concerned shall sit the examination in the Party in which they have their normal residence.
3. Only the authorities or bodies duly authorised for this purpose by a Party, in accordance with criteria defined by it, may organise and certify the written and oral examinations referred to in paragraph 1 of this Article. The Parties shall regularly verify that the conditions under which those authorities or bodies organise the examinations are in accordance with Appendix ROAD.A.1.2.
4. A Party may exempt the holders of certain higher education qualifications or technical education qualifications issued in that Party, specifically designated to this end and entailing knowledge of all the subjects listed in Appendix ROAD.A.1.2 from the examination in the subjects covered by those qualifications. The exemption shall only apply to those Sections of Part I of Appendix ROAD.A.1.2 for which the qualification covers all subjects listed under the heading of each Section.
A Party may exempt from specified parts of the examinations holders of certificates of professional competence valid for national transport operations in that Party.
Article 9 – Exemption from examination
For the purpose of granting a licence to a road haulage operator which only operates motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes, a Party may decide to exempt from the examinations referred to in Article 8(1) persons who provide proof that they have continuously managed, for the period of ten years before 20 August 2020, a natural or legal person of the same type.
Article 10 – Procedure for the suspension and withdrawal of authorisations
1. Where a competent authority establishes that a natural or legal person runs the risk of no longer fulfilling the requirements laid down in Article 3, it shall notify the natural or legal person thereof. Where a competent authority establishes that one or more of those requirements is no longer satisfied, it may set one of the following time limits for the natural or legal person to rectify the situation:
(a) a time limit not exceeding 6 months, which may be extended by 3 months in the event of the death or physical incapacity of the transport manager, for the recruitment of a replacement transport manager where the transport manager no longer satisfies the requirement as to good repute or professional competence;
(b) a time limit not exceeding 6 months where the natural or legal person has to rectify the situation by demonstrating that the natural or legal person has an effective and stable establishment; or
(c) a time limit not exceeding 6 months where the requirement of financial standing is not satisfied, in order to demonstrate that that requirement is again satisfied on a permanent basis.
2. The competent authority may require a natural or legal person whose authorisation has been suspended or withdrawn to ensure that its transport managers have passed the examinations referred to in Article 8(1) prior to any rehabilitation measure being taken.
3. If the competent authority establishes that the natural or legal person no longer satisfies one or more of the requirements laid down in Article 3, it shall suspend or withdraw the authorisation to engage in the occupation of road haulage operator within the time limits referred to in paragraph 1 of this Article.
Article 11 – Declaration of unfitness of the transport manager
1. Where a transport manager loses good repute in accordance with Article 6, the competent authority shall declare that transport manager unfit to manage the transport activities of a road haulage operator.
The competent authority shall not rehabilitate the transport manager earlier than one year from the date of the loss of good repute and before the transport manager has demonstrated to have followed appropriate training for a period of at least 3 months or an exam on the subjects listed in Part I of Appendix ROAD.A.1.2.
2. Where a transport manager loses good repute in accordance with Article 6, an application for rehabilitation may be introduced after no less than one year from the date of the loss of good repute.
Article 12 – Examination and registration of applications
1. The competent authorities in each Party shall record in the national electronic registers referred to in Article 13(1) the data relating to undertakings which they authorise.
2. When assessing the good repute of an undertaking, the competent authorities shall verify, whether at the time of the application the designated transport manager or managers are declared, in one of the Parties, unfit to manage the transport activities of an undertaking pursuant to Article 11.
3. The competent authorities shall regularly monitor whether undertakings which they have authorised to engage in the occupation of road haulage operators continue to fulfil the requirements referred to in Article 3. To that end, the competent authorities shall carry out checks, including, where appropriate, on-site inspections at the premises of the undertaking concerned, targeting those undertakings which are classed as posing an increased risk.
Article 13 – National electronic registers
1. The competent authorities shall keep a national electronic register of road transport undertakings which have been authorised to engage in the occupation of road haulage operator.
2. The Specialised Committee on Road Transport shall establish the data contained in the national registers of road transport undertakings and the conditions of access to this data.
Article 14 – Administrative cooperation between the competent authorities
1. The competent authorities in each Party shall designate a national contact point responsible for the exchange of information with the competent authorities of the other Party with regard to the application of this Section.
2. The competent authorities in each Party shall cooperate closely and shall swiftly provide one another with mutual assistance and with any other relevant information in order to facilitate the implementation and enforcement of this Section.
3. The competent authorities in each Party shall carry out individual checks to verify whether an undertaking meets the conditions governing admission to the occupation of road haulage operator whenever a competent authority in the other Party so requests in duly justified cases. It shall inform the competent authority in the other Party of the results of such checks and of the measures taken if it is established that the undertaking no longer fulfils the requirements laid down in this Section.
4. The competent authorities in each Party shall exchange information on convictions and penalties for any serious infringements referred to in Article 6(2).
5. The Specialised Committee on Road Transport shall establish detailed rules on the modalities of the exchange of information referred to in paragraphs 3 and 4.
APPENDIX ROAD.A
.1.1: Most serious infringements for the purpose of Article 6(2) of Section 1 of Part A of Annex ROAD.1
1. Exceeding time limits as follows:
(a) exceeding the maximum 6-day or fortnightly driving time limits by margins of 25 % or more;
(b) exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more.
2. Not having a tachograph and/or speed limiter, or having in the vehicle and/or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.
3. Driving without a valid roadworthiness certificate and/or driving with a very serious deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle.
4. Transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or non-approved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle.
5. Carrying goods without holding a valid driving licence or carrying by an undertaking not holding a valid operator’s licence as referred to in Article ROAD.5 of this Agreement.
6. Driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained on the basis of false declarations and/or forged documents.
7. Carrying goods exceeding the maximum permissible laden mass by 20 % or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25 % or more for vehicles the permissible laden weight of which does not exceed 12 tonnes.
APPENDIX ROAD.A
.1.2: Part I. LIST OF SUBJECTS REFERRED TO IN ARTICLE 8 of Section 1 of Part A of
Annex ROAD.1
The knowledge to be taken into consideration for the official recognition of professional competence by the Parties must cover at least the subjects listed below. In relation to those subjects, applicant road haulage 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, must correspond at least to the level of knowledge acquired during the course of compulsory education, which is supplemented either by vocational training and supplementary technical training or by secondary school or other technical training.
A. Civil law
The applicant must, in particular:
(a) be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom;
(b) be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage;
(c) be able to consider a claim by the applicant’s 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 the applicant’s contractual liability; and
(d) be familiar with the rules and obligations arising from the CMR Convention on the Contract for the International Carriage of Goods by Road done in Geneva on 19 May 1956.
B. Commercial law The applicant must, in particular:
(a) be familiar with the conditions and formalities laid down for plying the trade, the general obligations incumbent upon transport operators (registration, record keeping, etc.) and the consequences of bankruptcy; and
(b) have appropriate knowledge of the various forms of commercial companies and the rules governing their constitution and operation.
C. Social law
The applicant must, in particular, be familiar with the following:
(a) the role and function of the various social institutions which are concerned with road transport (trade unions, works councils, shop stewards, labour inspectors, etc.);
(b) the employers’ social security obligations;
(c) 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.);
(d) the rules applicable to driving time, rest periods and working time, and the practical measures for applying those provisions; and
(e) the rules applicable to the initial qualification and continuous training of drivers laid down in Section 1 of part B of this Annex.
D. Fiscal law
The applicant must, in particular, be familiar with the rules governing:
(a) value added tax (VAT) on transport services;
(b) motor-vehicle tax;
(c) the taxes on certain road haulage vehicles and tolls and infrastructure user charges; and
(d) income tax.
E. Business and financial management The applicant must, in particular:
(a) be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or methods of payment;
(b) be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and the charges and obligations arising therefrom;
(c) know what a balance sheet is, how it is set out and how to interpret it;
(d) be able to read and interpret a profit and loss account;
(e) be able to assess the undertaking’s profitability and financial position, in particular on the basis of financial ratios;
(f) be able to prepare a budget;
(g) be familiar with the cost elements of the undertaking (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne;
(h) be able to draw up an organisation chart relating to the undertaking’s personnel as a whole and to organise work plans, etc.;
(i) be familiar with the principles of marketing, publicity and public relations, including transport services, sales promotion and the preparation of customer files, etc.;
(j) be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and the guarantees and obligations arising therefrom;
(k) be familiar with the applications of electronic data transmission in road transport;
(l) be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms; and
(m) be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status.
F. Access to the market
The applicant must, in particular, be familiar with the following:
(a) the occupational regulations governing road transport, industrial vehicle rental and subcontracting, and in particular the rules governing the official organisation of the occupation, admission to the occupation, authorisations for road transport operations, inspections and penalties;
(b) the rules for setting up a road transport undertaking;
(c) the various documents required for operating road transport services and the introduction of checking procedures to ensure 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;
(d) the rules on the organisation of the market in road haulage services, as well as the rules on freight handling and logistics; and
(e) border formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use.
G. Technical standards and technical aspects of operation The applicant must, in particular:
(a) be familiar with the rules concerning the weights and dimensions of vehicles in the Parties and the procedures to be followed in the case of abnormal loads which constitute an exception to these rules;
(b) be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance with the needs of the undertaking;
(c) be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles;
(d) understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions;
(e) be able to draw up periodic maintenance plans for the vehicles and their equipment;
(f) 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.);
(g) be familiar with the various techniques of ‘piggy-back’ and roll-on roll-off combined transport;
(h) be able to implement procedures to comply with the rules on the carriage of dangerous goods and waste;
(i) be able to implement procedures to comply 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); and
(j) be able to implement procedures to comply with the rules on the transport of live animals.
H. Road safety
The applicant must, in particular:
(a) know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.);
(b) be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in force in the Parties (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.);
(c) be able to draw up instructions for drivers to check their compliance with the safety requirements concerning the condition of the vehicles, their equipment and cargo, and concerning preventive measures to be taken;
(d) be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures to prevent the recurrence of accidents or serious traffic offences; and
(e) be able to implement procedures to properly secure goods and be familiar with the corresponding techniques.
* Part II. ORGANISATION OF THE EXAMINATION
1. The Parties will organise a compulsory written examination which they may supplement by an optional oral examination to establish whether applicant road haulage operators have achieved the required level of knowledge in the subjects listed in Part I and in particular their capacity to use the instruments and techniques relating to those subjects and to fulfil the corresponding executive and coordination duties.
(a) The compulsory written examination will involve two tests, namely:
(i) written questions consisting of either multiple choice questions (each with four possible answers), questions requiring direct answers or a combination of both systems; and
(ii) written exercises/case studies.
The minimum duration of each test will be two hours.
(b) Where an oral examination is organised, the Parties may stipulate that participation is subject to the successful completion of the written examination.
2. Where the Parties 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 the Parties 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 Party may reduce that mark from 50% to 40 %.
APPENDIX ROAD
.A.1.3
* Part A
* Licence model for the Union
EUROPEAN COMMUNITY
(a)
(Colour Pantone light blue 290, or as close as possible to this colour, format DIN A4 cellulose paper 100 g/m2 or more)
(First page of the licence)
(Text in (one of) the official language(s) of the Member State issuing the licence)
Distinguishing sign of the Member State(1) issuing the licence Name of the competent authority or body LICENCE No …
or
CERTIFIED TRUE COPY No …
for the international carriage of goods by road for hire or reward
This licence entitles (2) ……………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………
to engage in the international carriage of goods by road for hire or reward by any route, for journeys or parts of journeys carried out for hire or reward within the territory of the Community, as laid down in Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 (OJ EU L 300, 14.11.2009, p.
72) on common rules for access to the international road haulage market and in accordance with the general provisions of this licence.
Particular remarks: ………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………………….
This licence is valid from ………………………………….
to ………………………………………………………………
Issued in ,
on ……………………………………………………………..
…………………………………………………………………. (3)
(1) The distinguishing signs of the Member States are: (B) Belgium, (BG) Bulgaria, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST) Estonia, (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (HR) Croatia, (I) Italy, (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg,
(H) Hungary, (MT) Malta, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (RO) Romania, (SLO) Slovenia, (SK) Slovakia, (FIN) Finland, (S) Sweden.
(2) Name or business name and full address of the haulier.
(3) Signature and seal of the issuing competent authority or body.
(b)
(Second page of the licence)
(Text in (one of) the official language(s) of the Member State issuing the licence)
GENERAL PROVISIONS
This licence is issued under Regulation (EC) No 1072/2009.
It entitles the holder to engage in the international carriage of goods by road for hire or reward by any route for journeys or parts of journeys carried out within the territory of the Community and, where appropriate, subject to the conditions laid down herein:
— where the point of departure and the point of arrival are situated in two different Member States, with or without transit through one or more Member States or third countries,
— from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries,
— between third countries with transit through the territory of one or more Member States, and unladen journeys in connection with such carriage.
In the case of carriage from a Member State to a third country or vice versa, this licence is valid for that part of the journey carried out within the territory of the Community. It shall be valid in the Member State of loading or unloading only after the conclusion of the necessary agreement between the Community and the third country in question in accordance with Regulation (EC) No 1072/2009.
The licence is personal to the holder and is non-transferable.
It may be withdrawn by the competent authority of the Member State which issued it, notably where the holder has:
— not complied with all the conditions for using the licence,
— supplied incorrect information with regard to the data needed for the issue or extension of the licence.
The original of the licence must be kept by the haulage undertaking.
A certified copy of the licence must be kept in the vehicle (1). In the case of a coupled combination of vehicles it must accompany the motor vehicle. It covers the coupled combination of vehicles even if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or if it is registered or authorised to use the roads in another State.
The licence must be presented at the request of any authorised inspecting officer.
Within the territory of each Member State, the holder must comply with the laws, regulations and administrative provisions in force in that State, in particular with regard to transport and traffic.
* (1) ‘Vehicle’ means a motor vehicle registered in a Member State, or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods.
* Part B
* Licence model for the United Kingdom
UK Licence for the Community
(a)
(Colour Pantone light blue, format DIN A4 cellulose paper 100 g/m2 or more) (First page of the licence)
(Text in English or Welsh)
UK NAME OF THE UK COMPETENT AUTHORITY
(1) LICENCE No: Or CERTIFIED TRUE COPY No: for the international carriage of goods by road for hire or reward
This licence entitles(2) to engage in the international carriage of goods by road for hire or reward by any route, for journeys or parts of journeys carried out for hire or reward within the territory of a Member State as laid down in Regulation (EC) 1072/2009(3). Particular remarks: …………………………………………………………………………………… …………………………………………………………………………………………………………. This licence is valid from ………………. to ……………………………………………… Issued in ……………………………………….. on ………………………………………………
(1) Competent authority for the relevant region for which the certificate is issued.
(2) Name or business name and full address of the haulier. (3) Regulation (EC) 1072/2009 as retained in UK law by section 3 of the European Union (Withdrawal) Act 2018 and as amended by regulations made under section 8 of that Act.
(b)
(Second page of the licence) (Text in English or Welsh)
GENERAL PROVISIONS
This licence is issued under Regulation (EC) No 1072/2009(1).
It entitles the holder to engage in the international carriage of goods by road for hire or reward by any route for journeys or parts of journeys carried out within the territory of a Member State permitted by any international agreement between the United Kingdom and the European Union or a Member State.
In the case of carriage from the United Kingdom to a third country or vice versa, this licence is valid for that part of the journey carried out within the territory of any Member State.
The licence is personal to the holder and is non-transferable.
It may be withdrawn by a traffic commissioner or the Department for Infrastructure (Northern Ireland), for example, where the holder has:
– not complied with all the conditions for using the licence,
– supplied incorrect information with regard to the data needed for the issue or extension of the licence.
The original of the licence must be kept by the haulage undertaking.
A certified copy of the licence must be kept in the vehicle(2). In the case of a coupled combination of vehicles it must accompany the motor vehicle. It covers the coupled combination of vehicles even if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or if it is registered or authorised to use the roads in another State.
The licence must be presented at the request of any authorised inspecting officer.
Within the territory of the United Kingdom or each Member State, the holder must comply with the laws, regulations and administrative provisions in force in that State, in particular with regard to transport and
traffic.
(1) Regulation (EC) 1072/2009 as retained in UK law by section 3 of the European Union (Withdrawal) Act 2018 and as amended by regulations made under section 8 of that Act.
(2) ‘Vehicle’ means a motor vehicle registered in the United Kingdom or a Member State, or a coupled combination of motor vehicles the motor vehicle of which at least is registered in the United Kingdom or a Member State, used exclusively for the carriage of goods.
APPENDIX ROAD.A
.1.4: Security features of the licence The licence must have at least two of the following security features:
— a hologram;
— special fibres in the paper which become visible under UV-light;
— at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines);
— tactile characters, symbols or patterns;
— double numbering: serial number of the licence, of the certified copy thereof as well as, in each case, the issue number;
— a security design background with fine guilloche patterns and rainbow printing.
