Special edition in Bulgarian: Chapter 06 Volume 010 P. 194 - 290
Special edition in Romanian: Chapter 06 Volume 010 P. 194 - 290
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Document 32006L0100
Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania
Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania
Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania
OJ L 363, 20.12.2006, p. 141–237
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV) This document has been published in a special edition(s)
(BG, RO, HR)
OJ L 335M, 13.12.2008, p. 555–721
(MT)
In force
Language
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Official Journal
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20.12.2006 |
EN |
Official Journal of the European Union |
L 363/141 |
COUNCIL DIRECTIVE 2006/100/EC
of 20 November 2006
adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of Bulgaria and Romania (1), and in particular Article 4(3) thereof,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,
Having regard to the proposal from the Commission,
Whereas:
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(1) |
Pursuant to Article 56 of the Act of Accession, where acts of the institutions remain valid beyond 1 January 2007, and require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary acts are to be adopted by the Council, unless the Commission adopted the original act. |
|
(2) |
The Final Act of the Conference which drew up the Treaty of Accession indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt these adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union. |
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(3) |
Directives 92/51/EEC (2), 77/249/EEC (3), 98/5/EC (4), 93/16/EEC (5), 77/452/EEC (6), 78/686/EEC (7), 78/687/EEC (8), 78/1026/EEC (9), 80/154/EEC (10), 85/433/EEC (11), 85/384/EEC (12) and 2005/36/EC (13) should therefore be amended accordingly, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directives 92/51/EEC, 77/249/EEC, 98/5/EC, 93/16/EEC, 77/452/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 80/154/EEC, 85/433/EEC, 85/384/EEC and 2005/36/EC shall be amended as set out in the Annex.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of accession of Bulgaria and Romania to the European Union at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 20 November 2006
For the Council
The President
J. KORKEAOJA
(1) OJ L 157, 21.6.2005, p. 11.
(2) OJ L 209, 24.7.1992, p. 25.
(3) OJ L 78, 26.3.1977, p. 17.
(4) OJ L 77, 14.3.1998, p. 36.
(6) OJ L 176, 15.7.1977, p. 1.
(7) OJ L 233, 24.8.1978, p. 1.
(8) OJ L 233, 24.8.1978 p. 10.
(9) OJ L 362, 23.12.1978, p. 1.
(10) OJ L 33, 11.2.1980, p. 1.
(11) OJ L 253, 24.9.1985, p. 37.
ANNEX
FREEDOM OF MOVEMENT FOR PERSONS
MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
I. GENERAL SYSTEM
31992 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 209, 24.7.1992, p. 25), as amended by:
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— |
31994 L 0038: Commission Directive 94/38/EC of 26.7.1994 (OJ L 217, 23.8.1994, p. 8), |
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— |
11994 N: Act concerning the conditions of accession and adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21), |
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— |
31995 L 0043: Commission Directive 95/43/EC of 20.7.1995 (OJ L 184, 3.8.1995, p. 21), |
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— |
31997 L 0038: Commission Directive 97/38/EC of 20.6.1997 (OJ L 184, 12.7.1997, p. 31), |
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— |
32000 L 0005: Commission Directive 2000/5/EC of 25.2.2000 (OJ L 54, 26.2.2000, p. 42), |
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— |
32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14.5.2001 (OJ L 206, 31.7.2001, p. 1), |
|
— |
12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33), |
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— |
32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1), |
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— |
32004 D 0108: Commission Decision 2004/108/EC of 28.1.2004 (OJ L 32, 5.2.2004, p. 15). |
The following is added to Annex C ‘LIST OF COURSES HAVING A SPECIAL STRUCTURE AS REFERRED TO IN POINT (ii) OF THE SECOND INDENT OF THE FIRST SUBPARAGRAPH OF ARTICLE 1(a)’:
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(a) |
Under heading ‘3. Seafaring sector, a) Sea transport’ the following is inserted after the entry for the Netherlands: ‘In Romania training for:
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(b) |
Under heading ‘3. Seafaring sector, a) Sea transport’ the following is added after ‘which represents training’ and after the entry for the Netherlands: ‘in Romania:
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II. LEGAL PROFESSIONS
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1. |
31977 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17), as amended by:
In Article 1(2), the following is added:
|
|
2. |
31998 L 0005: Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36), as amended by:
In Article 1(2)(a), the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
|
III. MEDICAL AND PARAMEDICAL ACTIVITIES
1. Doctors
31993 L 0016: Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 165, 7.7.1993, p. 1), as amended by:
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— |
11994 N: Act concerning the conditions of accession and adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21), |
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— |
31997 L 0050: Directive 97/50/EC of the European Parliament and of the Council of 6.10.1997 (OJ L 291, 24.10.1997, p. 35), |
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— |
31998 L 0021: Commission Directive 98/21/EC of 8.4.1998 (OJ L 119, 22.4.1998, p. 15), |
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— |
31998 L 0063: Commission Directive 98/63/EC of 3.9.1998 (OJ L 253, 15.9.1998, p. 24), |
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— |
31999 L 0046: Commission Directive 1999/46/EC of 21.5.1999 (OJ L 139, 2.6.1999, p. 25), |
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— |
32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14.5.2001 (OJ L 206, 31.7.2001, p. 1), |
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— |
52002 XC 0316(02): Commission Communication of 16.3.2002 (OJ C 67, 16.3.2002, p. 26), |
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— |
52002 XC 1128(01): Notification of titles of qualification in specialised medicine of 28.11.2002 (OJ C 293, 28.11.2002, p. 2), |
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— |
12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33), |
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— |
52003 XC 0924(03): Communication — Notification of the Professional Title of General Medical Practitioners in accordance with Article 41 of Directive 93/16/EEC of 24.9.2003 (OJ C 228, 24.9.2003, p. 9), |
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— |
52003 XC 0924(04): Communication — Notification of Titles of Qualification in Specialised Medicine of 24.9.2003 (OJ C 228, 24.9.2003, p. 9), |
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— |
32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1), |
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— |
52003 XC 1121(02): Notification of Titles of Qualification in Specialised Medicine of 21.11.2003 (OJ C 280, 21.11.2003, p. 10), |
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— |
52005 XC 0127(03): Communication — Notification of Titles of Qualification in Specialised Medicine of 27.1.2005 (OJ C 22, 27.1.2005, p.11), |
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— |
52005 XC 0521(03): Notification of the Designation of Diploma of General Medical Practitioners in accordance with Article 41 of Directive 93/16/EEC of 21.5.2005 (OJ C 123, 21.5.2005, p 5), |
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— |
52005 XC 0521(05): Notification of Titles of Qualification in Specialised Medicine and of Certificates Accompanying the Qualification of 21.5.2005 (OJ C 123, 21.5.2005, p. 7); |
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(a) |
The following indent is added to Article 9(1) after the fifth indent:
|
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(b) |
the following indent is added to the first subparagraph of Article 9(2) after the fifth indent:
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(c) |
the following Article is inserted after Article 9a: ‘Article 9b 1. By way of derogation from the present Directive, Bulgaria may authorise the holders of the qualification of “фелдшер” (feldsher) awarded in Bulgaria before 31 December 1999 and exercising this profession under the Bulgarian national social security scheme on 1 January 2000 to continue to exercise the said profession, even if parts of their activity fall under the present Directive. 2. The holders of the Bulgarian qualification of “фелдшер” (feldsher) referred to in paragraph 1 are not entitled to obtain professional recognition in other Member States under this Directive.’; |
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(d) |
the following references are inserted in the notice published in accordance with Article 41, indicating the designations of diplomas, certificates or other evidence of formal qualifications for general medical practitioners:
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(e) |
in Annex A, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(f) |
in Annex B the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(g) |
Annex C is replaced by the following: ‘ANNEX C Titles of training courses in specialised medicine
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2. Nurses
31977 L 0452: Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurse responsible for general care, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 176, 15.7.1977, p. 1), as amended by:
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— |
11979 H: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17), |
|
— |
31981 L 1057: Council Directive 81/1057/EEC of 14.12.1981 (OJ L 385, 31.12.1981, p. 25), |
|
— |
11985 I: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23), |
|
— |
31989 L 0594: Council Directive 89/594/EEC of 30.10.1989 (OJ L 341, 23.11.1989, p. 19), |
|
— |
31989 L 0595: Council Directive 89/595/EEC of 10.10.1989 (OJ L 341, 23.11.1989, p. 30), |
|
— |
31990 L 0658: Council Directive 90/658/EEC of 4.12.1990 (OJ L 353, 17.12.1990, p. 73), |
|
— |
11994 N: Act concerning the conditions of accession and adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21), |
|
— |
32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14.5.2001 (OJ L 206, 31.7.2001, p. 1), |
|
— |
12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33), |
|
— |
52005 XC 0127(05): Communication — Notification of Awarding Bodies for Qualifications of Nurses Responsible for General Care and Midwives of 27.1.2005 (OJ C 22, 27.1.2005, p. 18), |
|
— |
52005 XC 0521(04): Notification of the Professional Title of Nurses Responsible for General Care of 21.5.2005 (OJ C 123, 21.5.2005, p. 6). |
|
(a) |
The following is added to Article 1(2): ‘in Bulgaria: “Медицинска сестра”; in Romania: “asistent medical generalist” ’; |
|
(b) |
The following Articles are inserted after Article 4c: ‘Article 4d 1. By way of derogation from the present Directive, Bulgaria may authorise the holders of the qualification of “фелдшер” (feldsher) awarded in Bulgaria before 31 December 1999 and exercising this profession under the Bulgarian national social security scheme on 1 January 2000 to continue to exercise the said profession, even if parts of their activity fall under the present Directive. 2. The holders of the Bulgarian qualification of “фелдшер” (feldsher) referred to in paragraph 1 are not entitled to obtain professional recognition in other Member States under this Directive. Article 4e As regards the Romanian qualification of nurse responsible for general care, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, Romania before the date of accession and which does not satisfy the minimum training requirements laid down in Article 1 of Directive 77/453/EEC, Member States shall recognise the following diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania for the period specified below:
The said activities must have included taking full responsibility for the planning, organisation and carrying out of the nursing care of the patient.’; |
|
(c) |
in the Annex, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
|
3. Practitioners of dentistry
|
(a) |
31978 L 0686: Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 233, 24.8.1978, p. 1), as amended by:
|
|
(i) |
The following is added to Article 1:
|
|
(ii) |
In Article 8(1), the words ‘Articles 2, 4, 7, 19, 19a, 19b, 19c, and 19d’ are replaced with the words ‘Articles 2, 4, 7, 19, 19a, 19b, 19c, 19d and 19e’. |
|
(iii) |
In Article 17, the words ‘laid down in Articles 2, 7(1), 19, 19a, 19b, 19c, and 19d’ are replaced with the words ‘laid down in Articles 2, 7(1), 19, 19a, 19b, 19c, 19d and 19e’. |
|
(iv) |
The following Article is inserted after Article 19d: ‘Article 19e 1. From the date of accession of Romania, Member States shall recognise, for the purposes of carrying out the activities referred to in Article 1 of this Directive, the diplomas, certificates and other evidence of formal qualifications in medicine awarded in Romania to persons who began their university training before 1 October 2003, accompanied by a certificate issued by the competent Romanian authorities certifying that these persons have effectively, lawfully and principally been engaged in Romania in the activities specified in Article 5 of Directive 78/687/EEC for at least three consecutive years during the five years prior to the issue of the certificate and that these persons are authorised to carry out the said activities under the same conditions as holders of the diploma referred to in Annex A to this Directive. 2. The requirement of three years' experience referred to in the first subparagraph shall be waived in the case of persons who have successfully completed at least three years of study which are certified by the competent authorities as being equivalent to the training referred to in Article 1 of Directive 78/687/EEC.’. |
|
(v) |
In Annex A, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
|
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(vi) |
In Annex B, 1. Orthodontics, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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|
(vii) |
In Annex B, 2. Oral surgery, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
|
|
(b) |
31978 L 0687: Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners (OJ L 233, 24.08.1978 p. 10), as amended by:
|
In Article 6, the words ‘Articles 19, 19a, 19b, 19c, and 19d’ are replaced by the words ‘Articles 19, 19a, 19b, 19c, 19d and 19e’.
4. Veterinary Medicine
31978 L 1026: Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 362, 23.12.1978, p. 1), as amended by:
|
— |
11979 H: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17), |
|
— |
31981 L 1057: Council Directive 81/1057/EEC of 14.12.1981 (OJ L 385, 31.12.1981, p. 25), |
|
— |
11985 I: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23), |
|
— |
31989 L 0594: Council Directive 89/594/EEC of 30.10.1989 (OJ L 341, 23.11.1989, p. 19), |
|
— |
31990 L 0658: Council Directive 90/658/EEC of 4.12.1990 (OJ L 353, 17.12.1990, p. 73), |
|
— |
11994 N: Act concerning the conditions of accession and adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21), |
|
— |
32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14.5.2001 (OJ L 206, 31.7.2001, p. 1), |
|
— |
12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33). |
In the Annex, the following is inserted between the entries for Belgium and the Czech Republic:
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«България |
Диплома за висше образование на образователно-квалификационна степен магистър по специалност Ветеринарна медицина с професионална квалификация Ветеринарен лекар |
|
|
and, between the entries for Portugal and Slovenia:
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«România |
Diplomă de licenţă de doctor medic veterinar |
Universităţi» |
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5. Midwives
31980 L 0154: Council Directive 80/154/EEC of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 33, 11.2.1980, p. 1), as amended by:
|
— |
31980 L 1273: Council Directive 80/1273/EEC of 22.12.1980 (OJ L 375, 31.12.1980, p. 74), |
|
— |
11985 I: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23), |
|
— |
31989 L 0594: Council Directive 89/594/EEC of 30.10.1989 (OJ L 341, 23.11.1989, p. 19), |
|
— |
31990 L 0658: Council Directive 90/658/EEC of 4.12.1990 (OJ L 353, 17.12.1990, p. 73), |
|
— |
11994 N: Act concerning the conditions of accession and adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21), |
|
— |
32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14.5.2001 (OJ L 206, 31.7.2001, p. 1), |
|
— |
12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33), |
|
— |
52005 XC 0127(05): Communication — Notification of Awarding Bodies for Qualifications of Nurses Responsible for General Care and Midwives of 27.1.2005 (OJ C 22, 27.1.2005, p. 18). |
|
(a) |
The following is added to Article 1: ‘in Bulgaria:
in Romania:
|
|
(b) |
The following Article is inserted after Article 5c: ‘Article 5d As regards the Romanian qualifications in midwifery, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications as obstetrics-gynecology nurse (asistent medical obstetrică-ginecologie) were awarded by Romania before the date of accession and which do not satisfy the minimum training requirements laid down in Article 1 of Directive 80/155/EEC, Member States shall recognise the said diplomas, certificates and other evidence of formal qualifications as being sufficient proof for the purposes of carrying out the activities of midwife, if they are accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of midwife in Romania, for at least five consecutive years during the seven years prior to the issue of the certificate.’ |
|
(c) |
In the Annex, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
|
6. Pharmacy
31985 L 0433: Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (OJ L 253, 24.9.1985, p. 37), as amended by:
|
— |
31985 L 0584: Council Directive 85/584/EEC of 20.12.1985 (OJ L 372, 31.12.1985, p. 42), |
|
— |
31990 L 0658: Council Directive 90/658/EEC of 4.12.1990 (OJ L 353, 17.12.1990, p. 73), |
|
— |
11994 N: Act concerning the conditions of accession and adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21), |
|
— |
32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14.5.2001 (OJ L 206, 31.7.2001, p. 1), |
|
— |
12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33). |
In the Annex, the following is inserted between the entries for Belgium and the Czech Republic:
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«България |
Диплома за висше образование на образователно-квалификационна степен “Магистър” по “Фармация” с професионална квалификация “Магистър-фармацевт” |
Фармацевтичен факултет към Медицински университет» |
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and, between the entries for Portugal and Slovenia:
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«România |
Diplomă de licenţă de farmacist |
Universităţi» |
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IV. ARCHITECTURE
31985 L 0384: Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 223, 21.8.1985, p. 15), as amended by:
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31985 L 0614: Council Directive 85/614/EEC of 20.12.1985 (OJ L 376, 31.12.1985, p. 1), |
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31986 L 0017: Council Directive 86/17/EEC of 27.1.1986 (OJ L 27, 1.2.1986, p. 71), |
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31990 L 0658: Council Directive 90/658/EEC of 4.12.1990 (OJ L 353, 17.12.1990, p. 73), |
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11994 N: Act concerning the conditions of accession and adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21), |
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32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14.5.2001 (OJ L 206, 31.7.2001, p. 1), |
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12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33). |
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(a) |
The following is added to Article 11: ‘(y) in Bulgaria: Diplomas, awarded by accredited institutions of higher education with qualification “архитект” (architect), “cтроителен инженер” (civil engineer) or “инженер” (engineer) as follows: Университет за архитектура, строителство и геодезия — София: специалности “Урбанизъм” и “Архитектура” (University of Architecture, Civil Engineering and Geodesy — Sofia: specialities “Urbanism” and “Architecture”) and all engineering specialties in the fields of: “конструкции на сгради и съоръжения” (construction of buildings and structures), “пътища” (roads), “транспорт” (transport), “хидротехника и водно строителство” (hydrotechnics and hydro constructions), “мелиорации и др.” (irrigation etc.); the diplomas awarded by technical universities and institutions of higher education for construction in the fields of: “електро- и топлотехниката” (electro- and thermotechnics), “съобщителна и комуникационна техника” (telecommunication technics and technologies), “строителни технологии” (construction technologies), “приложна геодезия” (applied geodesy) and “ландшафт и др.” (landscape etc.) in the construction area). In order to perform design activities in the fields of architecture and construction, diplomas have to be accompanied by a “придружени от удостоверение за проектантска правоспособност” (Certificate of Legal Capacity for Design), issued by the “Камарата на архитектите” (Chamber of Architects) and the “Камарата на инженерите в инвестиционното проектиране” (Chamber of Engineers in Investment Design), which provides the right to perform activities in the field of investment design; (z) in Romania: Universitatea de Arhitectură şi Urbanism “Ion Mincu” Bucureşti (University of Architecture and Urbanism “Ion Mincu” Bucharest):
Universitatea Tehnică din Cluj-Napoca (Technical University Cluj-Napoca):
Universitatea Tehnică “Gh. Asachi” Iaşi (“Gh. Asachi” Technical University Iaşi):
Universitatea Politehnica din Timişoara (University “Politehnica” Timişoara):
Universitatea din Oradea (University of Oradea):
Universitatea Spiru Haret Bucureşti (University Spiru Haret Bucharest):
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V. REGULATED PROFESSIONS IN GENERAL
32005 L 0036: Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255,30.9.2005, p. 22).
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(a) |
The following Article is inserted after Article 23: ‘Article 23a Specific circumstances 1. By way of derogation from the present Directive, Bulgaria may authorise the holders of the qualification of “фелдшер” (feldsher) awarded in Bulgaria before 31 December 1999 and exercising this profession under the Bulgarian national social security scheme on 1 January 2000 to continue to exercise the said profession, even if parts of their activity fall under the provisions of the present Directive concerning doctors of medicine and nurses responsible for general care respectively. 2. The holders of the Bulgarian qualification of “фелдшер” (feldsher) referred to in paragraph 1 are not entitled to obtain professional recognition in other Member States as doctors of medicine nor as nurses responsible for general care under this Directive.’. |
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(b) |
The following Article is inserted after Article 33: ‘Article 33(a) As regards the Romanian qualification of nurse responsible for general care, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose evidence of formal qualifications as nurse responsible for general care were awarded by, or whose training started in, Romania before the date of accession and which does not satisfy the minimum training requirements laid down in Article 31, Member States shall recognise the evidence of formal qualification as nurse responsible for general care (Certificat de competenţe profesionale de asistent medical generalist) with post-secondary education obtained from a şcoală postliceală, as being sufficient proof if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania for a period of at least five consecutive years during the seven years prior to the date of issue of the certificate. The said activities must have included taking full responsibility for the planning, organisation and carrying out of the nursing care of the patient.’. |
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(c) |
In Article 37(1), first paragraph, the words ‘…issued in Italy, Spain, Austria, the Czech Republic and Slovakia...’ are replaced by the words ‘issued in Italy, Spain, Austria, the Czech Republic, Slovakia and Romania’. |
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(d) |
The following Article is inserted after Article 43: ‘Article 43(a) As regards the Romanian qualifications in midwifery, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose evidence of formal qualifications as a midwife (asistent medical obstetrică-ginecologie/obstetrics-gynecology nurse) were awarded by Romania before the date of accession and which do not satisfy the minimum training requirements laid down in Article 40, Member States shall recognise the said evidence of formal qualifications as being sufficient proof for the purposes of carrying out the activities of midwife, if they are accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of midwife in Romania, for at least five consecutive years during the seven years prior to the issue of the certificate.’. |
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(e) |
The following is added to Annex II ‘List of courses having a special structure referred to in Article 11 point (c) subparagraph (ii)’:
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(f) |
In Annex V.1., point 5.1.1 ‘Evidence of formal qualifications in basic medical training’, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(g) |
In Annex V.1, point 5.1.2 ‘Evidence of formal qualifications of specialised doctors’, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(h) |
Annex V.1, point 5.1.3 ‘Titles of training courses in specialised medicine’ is replaced by the following: ‘5.1.3. Titles of training courses in specialised medicine
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(i) |
In Annex V.1, point 5.1.4 ‘Evidence of formal qualifications of general practitioners’, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(j) |
In Annex V.2, point 5.2.2 ‘Evidence of formal qualifications of nurses responsible for general care’, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(k) |
In Annex V.3, point 5.3.2 ‘Evidence of basic formal qualifications of dental practitioners’, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(l) |
In Annex V.3., point 5.3.3. ‘Evidence of formal qualifications of specialised dentists’, the following is inserted under ‘Orthodontics’between the entries for Belgium and Danmark:
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(m) |
In Annex V.3, point 5.3.3 ‘Evidence of formal qualifications of specialised dentists’, the following is inserted under ‘Oral surgery’ before the entry for Danmark:
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(n) |
In Annex V.4, point 5.4.2 ‘Evidence of formal qualifications of veterinary surgeons’, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(o) |
In Annex V.5, point 5.5.2 ‘Evidence of formal qualifications of midwives’, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(p) |
In Annex V.6, point 5.6.2‘Evidence of formal qualifications of pharmacists’, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(q) |
In Annex VI, point 6 ‘Evidence of formal qualifications of architects benefiting from acquired rights pursuant to Article 49(1)’, the following is inserted between the entries for Belgium and the Czech Republic:
and, between the entries for Portugal and Slovenia:
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(*1) 1 January 1983
(*2) 1 January 1983
(*3) 1 August 1987 except for persons having commenced training before that date
(*4) 31 December 1971
(*5) 31 October 1999
(*6) Evidence of qualifications is no longer awarded for training commenced after 5 March 1982
(*7) 9 July 1984
(*8) 3December 1971
(*9) 31 October 1993
(*10) Evidence of qualifications is no longer awarded for training commenced after 5 March 1982
(*11) 8 July 1984
(*12) 1 January 1983, except for persons having commenced training before that date and completing it before the end of 1988
(*13) 31 December 1994
(*14) 1 January 1983
(*15) Training leading to the award of evidence of formal qualifications as a specialist in dental, oral and maxillo-facial surgery (basic medical and dental training) assumes completion and validation of basic medical studies (Article 24) and, in addition, completion and validation of basic dental studies (Article 34).’