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COMMISSION OPINION

of 14 September 1989

to the Government of France concerning a draft decree on the activities of freight forwarders

(Only the French text is authentic)

(89/527/EEC)

In accordance with Article 1 of Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (1), as amended by Decision 73/402/EEC (2), the French Government has sent to the Commission for its opinion a draft decree concerning the activities of freight forwarders.

By virtue of Article 2 (1) of the Council Decision, the Commission hereby gives the following opinion:

1. The Commission notes with interest the draft decree which the French Government has forwarded to it. This decree is intended to apply Article 8-I of law No 82-1153 of 30 December 1982 on inland transport, the draft of which was the subject of a Commission opinion of 15 December 1982 (3).

2. The Commission notes that the measures envisaged in this draft have as their aim:

- to simplify, facilitate and liberalize the conditions for exercising the activities of freight forwarder whilst reinforcing the conditions for professional competence and management, and

- to extend the scope of the legislation previously in force, which applied to transport auxiliaries organizing or arranging road or rail and road transport, to inland waterway, air and sea transport.

3. Moreover the draft decree would transpose into French law Council Directive 82/470/EEC of 29 June 1982 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies (ISIC group 718) and in storage and warehousing (ISIC group 720) (4).

In this context the Commission would like to draw the attention of the French Government to the obligation imposed on each Member State to inform the other Member States of the authorities and other competent bodies which it has designated to deliver the documents referred to in Articles 4 and 7 of Directive 82/470/EEC.

With regard to Article 9 of the draft decree, the Commission wishes to bring to the attention of the French Government the fact that Article 7 (3) of Directive 82/470/EEC, which is an indispensable complement to Article 6, has not been transposed.

The Commission has no observations on the other measures envisaged in the draft decree which has been submitted to it as regards compatibility with the abovementioned Directive.

4. The Commission is sending the other Member States a copy of this opinion.

Done at Brussels, 14 September 1989.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No 23, 3. 4. 1962, p. 720/62.

(2) OJ No L 347, 17. 12. 1973, p. 48.

(3) OJ No L 361, 22. 12. 1982, p. 27.

(4) OJ No L 213, 21. 7. 1982, p. 1.