Article 3 1. Natural persons or undertakings wishing to engage
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in the occupation of road haulage operator shall : (a) be of good repute; (b) be of appropriate financial standing; (c) satisfy the condition as to professional competence.
Where the applicant is a natural person and does not satisfy provision (c), the competent authorities may nevertheless permit him to engage in the occupation of road haulage operator provided that he designates to the said authorities another person, satisfying provisions (a) and (c) above, who shall continuously and effectively manage the transport operations of the undertaking.
Where the applicant is an undertaking, provisions (a) and (c) above must be satisfied by one of the natural persons who will continuously and effectihrely manage the transport operations of the undertaking. Member States may also require that other persons in the undertaking satisfy provision (a) above.
2. Pending co-ordination at a later date, each Member State shall determine the provisions relating to good repute which must be satisfied by the applicant and, where appropriate, by the natural persons referred to in paragraph 1.
3. Appropriate financial standing shall consist in having available sufficient resources to ensure the launching and proper administration of the undertaking. Pending coordination at a later date, each Member State shall determine what provisions and what methods of furnishing proof may be adopted for this purpose.
4. The condition as to professional competence shall consist in the possession of skills in the subjects listed in the Annex and recognised by the authority or body designated for that purpose by each Member State. The necessary knowledge shall be acquired by attending courses, by practical experience in a transport undertaking or by a combination of both. Member States may exempt from the application of these provisions the holders of certain advanced diplomas or technical diplomas implying sound knowledge of the subjects listed in the Annex.
The production of a certificate issued by the authority or body referred to in the preceding subparagraph shall constitute proof of professional competence.