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Member States shall abolish, in respect of the natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (hereinafter called 'beneficiaries'), the restrictions referred to in Title III of those General Programmes affecting the right to take up and pursue the activities specified in Article 2 of this Directive. As regards the transmission of electricity and transportation by pipeline of gas, steam and water, this Directive applies only to the abolition of restrictions on freedom of establishment. 1. The provisions of this Directive shall apply to activities of self-employed persons being activities falling within Major Groups 51-52 in Annex I to the General Programme for the abolition of restrictions on freedom of establishment or within Group ex 719 in Annex III to that same General Programme, namely the production, distribution and transmission or transportation of electricity, gas, water and steam and the provision of sanitary services.2. These activities comprise:    (a) the generation, transmission and distribution of  electricity;(b) the manufacture of gas in gasworks and the distribution  to consumers of gas of all types, including  the transportation by pipeline of gas of all  types carried out as an independent service;(c) the production and distribution of steam for heating  and power purposes;(d) water services, i.e. catchment, purification and  distribution of water to consumers;(e) waste and sewage disposal (sanitary services).1 OJ No 56, 4.4.1964, p. 845/64. In accordance with the General Programmes, this Directive shall not apply to:    (a) the exploitation of sources of natural gas (including  prospecting and drilling);(b) construction work carried out by private enterprise  or by public authorities, in particular the  construction of plant for the production of electricity  or gas ; construction work for water catchment,  irrigation and regulation of watercourses ;  the installation of sanitary services and the laying  of lines for the transmission of electricity and of  mains and pipelines for gas, water, etc. 1. Member States shall in particular abolish the following restrictions:    (a) those which prevent beneficiaries from establishing  themselves or providing services in the host  country under the same conditions and with the  same rights as nationals of that country;(b) those existing by reason of administrative practices  which result in treatment being applied to  beneficiaries that is discriminatory by comparison  with that applied to nationals;(c) those which, as a result of rules or practices,  prevent beneficiaries from being granted licences  or authorisations, or subject beneficiaries to restrictions  or to conditions imposed on them alone.2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit establishment or provision of services by beneficiaries by the following means:    (a) in Belgium - the obligation to hold a carte professionnelle  (Article 1 of the Law of 19 February 1965);(b) in France      - the obligation to hold a carte d identité  d étranger commerçant (Décret-loi of 12 November  1938, Décret of 2 February 1939, Law  of 8 October 1940);- the requirement that the following shall be of  French nationality:persons holding licences or permits to utilise  hydraulic power (Article 26 of the Law of 16  October 1919) or thermal energy (Décret of  30 July 1935) ; persons holding licences or permits  to provide certain public services (Décret-loi  of 12 November 1938) ; in the case of  companies or firms, the chairman of the Board  of Directors (Conseil d administration), the  executive directors (administrateurs délégués),  the managers (gérants), the executives  authorised to sign on behalf of the company  (directeurs ayant la signature sociale), the  auditors (commissaires aux comptes) and  two-thirds of the members of a firm (associés  en nom collectif), or of the members of the  Board of Directors (administrateurs) or of the  Board of Management (Conseil de direction)  or of the Supervisory Board (Conseil de surveillance);-  the requirement that, subject to any exception  authorised by Décret, any company or firm  holding such licence or permit shall have  been formed under French law (Article 26 of  the Law of 16 October 1919);(c) in Italy   -  the requirement that a person shall be of  Italian nationality in order to be eligible for  enrolment in the register of undertakings  (Article 31 of Law No 366 of 20 March 1941,  Raccolta, trasporto e smaltimento dei rifiuti  solidi urbani);(d) in Luxembourg   -  the limited period of validity of authorisations  granted to foreign nationals pursuant to  Article 21 of the Luxembourg Law of 2 June  1962 (Mémorial A No 31 of 19 June 1962). 1. Member States shall ensure that beneficiaries under this Directive have the right to join professional or trade organisations under the same conditions and with the same rights and obligations as their own nationals.2. In the case of establishment, membership shall entail eligibility for election or appointment to high office in such organisations. However, such posts may be reserved for nationals where, in pursuance of any provision laid down by law or regulation, the organisation concerned is involved in the exercise of official authority.3. In the Grand Duchy of Luxembourg, membership of the Chambre de Commerce or of the Chambre des Métiers shall not give beneficiaries under this Directive the right to take part in the election of the administrative organs of those Chambers. No Member State shall grant to any of its nationals who go to another Member State for the purpose of pursuing any activity referred to in Article 2 any aid liable to distort the conditions of establishment. 1. Where a host Member State requires of its own nationals wishing to take up any activity referred to in Article 2 proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the 'judicial record' or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes showing that these requirements have been met.2. Where the country of origin or the country whence the foreign national comes does not issue such documentary proof of no previous bankruptcy, such proof may be replaced by a declaration on oath made by the person concerned before a judicial or administrative authority, a notary, or a competent professional or trade body, in the country of origin or in the country whence that person comes.3. Documents issued in accordance with paragraph 1 or with paragraph 2 may not be produced more than three months after their date of issue.4. Member States shall, within the time limit laid down in Article 8, designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof.5. Where in the host Member State proof of financial standing is required, that State shall regard certificates issued by banks in the country of origin or in the country whence the foreign national comes as equivalent to certificates issued in its own territory. Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof. This Directive is addressed to the Member States.
Council Directive concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons engaging in the provision of electricity, gas, water and sanitary services (ISIC Division 5)

The first paragraph of Article 15 of Directive No 73/241/EEC shall be replaced by the following text with effect from 1 August 1974: 'By 1 January 1975 Member States shall, if necessary, amend their laws in accordance with the provisions of this Directive and shall forthwith inform the Commission thereof. The laws thus amended shall apply to products offered for sale in the Member States two years after the notification of this Directive.' This Directive is addressed to the Member States.
Council Directive amending, for the first time, Council Directive No 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption

1. Minimum stocks:    - shall be held at all times throughout each month concerned,- shall not include sugar which has been carried forward in accordance with Article 31 of Regulation (EEC) No 3330/74 as long as the storage costs for such sugar are not reimbursed.  (1)OJ No L 359, 31.12.1974, p. 1. (2)OJ No L 354, 24.12.1976, p. 1. (3)OJ No L 167, 26.6.1976, p. 11. (4)OJ No L 67, 14.3.1973, p. 12. (5)OJ No L 172, 1.7.1976, p. 52.2. Sugar production for the purpose of Article 1 (a) of Regulation (EEC) No 1488/76 and the minimum stocks referred to in paragraph 1, shall be established in accordance with Article 1 of Regulation (EEC) No 700/73. For the purpose of Article 2 of Regulation (EEC) No 1488/76, a commitment contracted for the purpose of financing minimum stocks without transferring the ownership thereof shall not be considered to be a commitment that might impede the aims of Article 18 of Regulation (EEC) No 3330/74. 1. The seller shall ensure that the undertaking by the processor, referred to in Article 3 (a) of Regulation (EEC) No 1488/76, shall reach the competent authority of the Member State concerned in writing not later than the time of the transfer of ownership of the sugar.Such undertaking shall indicate the quantity of sugar which it covers and the period, which may not exceed 12 calendar months, during which it applies.2. Where the processor is situated in another Member State, the two Member States shall agree on the control measures to be taken under Article 8 (1). 1. A request for release from the obligation to hold minimum stocks, referred to in Article 3 (b) of Regulation (EEC) No 1488/76, may be only be made in respect of a period of 12 calendar months.2. The profit to be reimbursed by the manufacturer, referred to in the said Article 3 (b), shall be calculated as follows:The quantity produced within the limit of the maximum quota during the 12 calendar months immediately preceding the month of the request referred to in paragraph 1, shall be multiplied by a coefficient and the result shall then be multiplied by the flat-rate amount referred to in Article 6.The coefficient shall be the ratio between the quantity of sugar covered by the request for the release from the obligation referred to in paragraph 1 and the quantity to be held as a minimum stock. 1. The quantity of sugar considered as having been marketed for the purposes of Article 6 of Regulation (EEC) No 1488/76 shall be equal to the difference between the quantity which the person concerned is obliged to hold as a minimum stock and the quantity he actually holds for this purpose at the time of calculation.2. Where a person is obliged to hold minimum stock by virtue of the simultaneous application of at least two of the following provisions of Regulation (EEC) No 1488/76, Article 1 (a), 1 (b), and 3 (a), then, when calculating the charge to be levied, the quantity marketed shall be apportioned in the same ratio as that existing between the quantities to be held by the person concerned under his minimum stock obligations.3. The charge to be levied under Article 6 of Regulation (EEC) No 1488/76 shall be equal to the sum of the results of the following calculations:    - the quantity produced within the limit of the maximum quota during the 12 calendar months immediately preceding the month of the marketing shall be multiplied by a coefficient and the result then multiplied by the flat-rate amount referred to in Article 6. The coefficient shall be the ratio between the marketed quantity and the quantity to be retained as the minimum stock;- the quantity marketed from the minimum stock shall be multiplied by the difference between the threshold price and the intervention price for white sugar on the day of the marketing, plus two units of account per 100 kilograms.4. Where a refiner of preferential sugar referred to in Article 1 (b) of Regulation (EEC) No 1488/76 or a processor referred to in Article 3 (a) thereof fails to fulfil obligations to hold minimum stock, the amount of the charge to be levied under Article 6 thereof shall be equal to the sum of the results of the following two calculations:    - the marketed quantity multiplied by 10 times the flat-rate amount referred to in the Article;- the marketed quantity multiplied by the difference between the threshold price and the intervention price for white sugar on the day of the marketing, plus two units of account per 100 kilograms.5. The amounts referred to in this Article shall only be collected once in any period of 12 calendar months, in respect of a given marketed quantity. The flat-rate amount referred to in Articles 4 and 5 shall be fixed for each sugar marketing year.For the purposes of Article 4 the flat-rate amount shall be that valid on the day of the request, and for the purposes of Article 5, the flat-rate amount shall be that valid on the day of the marketing. Where a person having an obligation to hold minimum stocks invokes force majeure to justify a failure to respect that obligation, the Member State recognizing such a case shall, only in respect of the month when the case of force majeure arose and of each subsequent month and part of a month and in respect of the missing quantity, levy one-twelfth of the amount resulting from the calculation referred to in either the first indent of Article 5 (3) or, where appropriate, the first indent of Article 5 (4). Where the person concerned is in the situation referred to in Article 5 (2) the rules of calculation therein provided shall apply mutatis mutandis. 1. Member States shall take all measures necessary to ensure compliance with the system of minimum stocks.2. Member States shall inform the Commission without delay of all cases in which the amounts referred to in Articles 4, 5 and 7 are to be collected, the quantities and the periods concerned, and the circumstances constituting each case of force majeure. This Regulation shall enter into force on 1 February 1977.Nevertheless it shall apply to the obligations to hold in respect of minimum stocks:    - sugar produced in the French departments of Guadeloupe and Martinique, with effect from 1 June 1977;- preferential sugar, with effect from 1 July 1977.This Regulation shall be binding in its entirety and directly applicable in all Member States.

Commission Regulation laying down detailed rules for the application of the system of minimum stocks in the sugar sector

