14.11.2009 Official Journal of the European Union L 300/51 REGULATION (EC) No 1071/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 71(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the European Data Protection Supervisor (?), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1)  The completion of an internal market in road transport with fair conditions of competition requires the uniform application of common rules on admission to the occupa- tion of road haulage operator or road passenger transport operator (the occupation of road transport operator). Such common rules will contribute to the achievement of a higher level of professional qualification for road transport operators, the rationalisation of the market and an improved quality of service, in the interests of road trans- port operators, their customers and the economy as a whole, together with improvements in road safety. They will also facilitate the effective exercise of the right of estab- lishment by road transport operators. (2)  Council Directive 96/26/EC of 29 April 1996 on admis- sion to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal quali- fications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (*) lays down minimum conditions governing admission to the occupation of road transport () 0] C 151, 17.6.2008, p. 16. (2) O] C 14, 19.1.2008, p. 1. (*) Opinion of the European Parliament of 21 May 2008 (not yet pub- lished in the Official Journal), Council Common Position of 9 January 2009 (O] C 62 E, 17.3.2009, p. 1), Position of the European Parlia- ment of 23 April 2009 (not yet published in the Official Journal) and Council Decision of 24 September 2009. () OJ L 124, 23.5.1996, p. 1. operator and the mutual recognition of the documents required in this connection. However, experience, an impact assessment and various studies show that that Directive is being applied inconsistently by Member States. Such disparities have several adverse consequences, in par- ticular a distortion of competition and a lack of market transparency and of uniform monitoring, as well as the risk that undertakings employing staff with a low level of professional qualification may be negligent in respect of, or less compliant with, the rules on road safety and social wel- fare, which may harm the image of the sector. (3)  These consequences are all the more detrimental as they are liable to disturb the smooth functioning of the internal market in road transport, since the market in the transport of international goods and certain cabotage operations is accessible to undertakings throughout the Community. The only condition imposed on such undertakings is that they have a Community licence, which can be obtained provided they satisfy the conditions governing admission to the occupation of road transport operator laid down in Regulation (EC) No 10722009 of the European Parlia- ment and of the Council of 21 October 2009 on common rules for access to the international road haulage market (°) and Regulation (EC) No 1073/2009 of the European Par- liament and of the Council of 21 October 2009 on com- mon rules for access to the international market for coach and bus services (). (4) It is therefore appropriate to modernise the existing rules on admission to the occupation of road transport opera- tor in order to ensure that those rules are applied more uniformly and effectively. Since compliance with those rules constitutes the main condition governing access to the Community market, and the applicable Community instruments in this field are Regulations, a Regulation would appear to be the most appropriate instrument to govern admission to the occupation of road transport operator. (5)  Member States should be allowed to adapt the conditions with which to comply in order to pursue the occupation of road transport operator in the outermost regions referred to in Article 299(2) of the Treaty because of the special characteristics of, and constraints in, those regions. However, the undertakings established in those regions which comply with the conditions to pursue the occupa- tion of road transport operator only as a result of such adaptation should not be able to obtain a Community licence. The adaptation of the conditions to pursue the occupation of road transport operator should not hinder (°) See page 72 of this Official Journal. (%) See page 88 of this Official Journal.