52002PC0119

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the recognition of professional qualifications

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Background

In May 2001 at the time of the adoption of Directive 2001/19/EC on professional recognition [1], the European Parliament, the Council and the Commission agreed that "it is important to have consolidated versions, easily accessible to everyone, of the legal texts applicable in the field of mutual recognition of professional qualifications". At the same time, the Commission stated its intention to continue this work in two parts: "initially, it plans to integrate the sectoral Directives into a consolidated framework. The Commission will then examine the possibility of consolidating the Directives relating to the general system, in order to continue simplifying the legislation and further facilitate the free provision of services with regard to the conclusions of the Lisbon Summit".

[1] Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (hereinafter referred to as the SLIM Directive), OJ L 206 of 31.7.2001, p. 1.

Also in February 2001 the Commission adopted its Communication to the Council on New European Labour Markets, Open for All, with Access for All [2]. Specifically on professional recognition, the Commission indicated in the Communication that it will:

[2] Document COM(2001) 116.

* "present in 2002 proposals for a more uniform, transparent and flexible regime of professional recognition based on the existing General System, including ways of promoting more widespread recognition"; and

* "adopt a priority action, building on existing information and communications networks, as well as on current work on improving transparency of qualifications, to ensure that citizens can rely on a more comprehensive service providing information and advice specific to their individual interests and rights".

This Communication was presented to the Stockholm European Council on 23 and 24 March 2001. The Council Conclusions state that "the Commission intends to present for the 2002 Spring European Council [...] specific proposals for a more uniform, transparent and flexible regime of recognition of qualifications and periods of study" [3].

[3] Conclusions of the Stockholm European Council, 23 and 24 March 2001, point 15.

As also envisaged in this Communication, a High Level Task Force on Skills and Mobility was created which produced a report in December 2001 stating, in relation to professional recognition, that "the EU and Member States should attach priority to increasing the speed and ease of professional recognition (for regulated professions) including conditions supporting more automatic recognition, and introduce a more uniform, transparent and flexible regime for the recognition of qualifications in the regulated professions by 2005" [4].

[4] High Level Task Force on Skills and Mobility, Final Report, 14 December 2001, p. 20.

In the Commission's Action Plan for Skills and Mobility [5] it is stated that "comprehensive improvements should be made to the existing Community system for recognition in the regulated professions to make it easier to manage and clearer, quicker and more friendly for users. The Community institutions and Member States should facilitate employment opportunities and the provision of services through the wholesale consolidation of the existing regimes of professional recognition in the regulated professions with a view to a more uniform, transparent and flexible system with amendments particularly directed to ensuring clearer and more up-to-date and automatic conditions of recognition, through the adoption of proposals in 2003 and for implementation by 2005".

[5] Point 15 of the Commission's Action Plan for Skills and Mobility. Document COM(2002) ....

In the pursuit of the mandate from the Lisbon European Council, the Commission adopted at the end of year 2000 a Communication on An Internal Market Strategy for Services [6]. This Communication drew attention to the importance of services in the general economy, the new opportunities and practices developing out of new information and communications technologies and the need to facilitate conditions of cross-frontier service provision Community-wide.

[6] Document COM(2000) 888.

This new Directive on professional recognition in the field of regulated professions will operate in parallel with other actions which also follow-on from the decisions of the European Councils in Lisbon and Feira in 2000, as well as the Commission Communication of November 2001 on 'Making a European Area of Lifelong Learning a Reality'. This Communication describes the aim of a strategy on transparency and recognition of qualifications and competences (Action Point 1: 'Valuing learning'). This strategy supports a range of Member State and Community initiatives concerning academic and vocational qualifications and is fully coherent with the present draft Directive. In June 2001 the Commission launched a public consultation on the main issues under consideration for a new directive on the recognition of professional qualifications.

In July 2001 the Commission published its White Paper on European Governance [7]. In this document, the Commission suggested that, for its part, it will: promote greater use of different policy tools including framework directives leaving the executive to fill in the technical detail via implementing "secondary" rules; simplify existing EU law including combining legal texts; publish guidelines on the collection and use of expert advice; and combine legislative and regulatory action with action taken by the actors most concerned (co-regulation).

[7] Document COM(2001) 428.

Finally, the European Union is committed to the future enlargement of the European Union. This enlargement will extend the responsibilities of the Community institutions with respect to the application of Community law and its administration.

2. The Main Objectives of the Proposal

2.1. Contribution to flexible labour and services markets

A clear, secure and quick system for the recognition of qualifications in the field of the regulated professions is required to ensure free movement. This is important to help to ensure that employment vacancies are filled by qualified applicants and to ensure that there is a regular supply of qualified service suppliers to meet market demand. The free movement of qualified professionals makes a particular contribution to the knowledge-based society. Conditions of free movement have also proven to have particular importance in cases of specific shortages of qualified personnel at specific times in different Member States for such professions as teachers, veterinary surgeons, doctors and nurses.

To date the rules on professional recognition have evolved in a piecemeal fashion with numerous parallel provisions and variations. Detailed variations in, and links between, different parts of the legislation have produced a system which has been criticised by migrants and professionals alike as too complicated to understand, difficult to follow, often unclear and sometimes slow in its application and in places out-of-date or unsuited to the particularities of a specific profession.

In order to make the system clearer, easier and simpler to understand and apply, this proposal for a single directive comprehensively revises all of the directives founded on recognition of title so as to maintain the principal conditions and guarantees, while simplifying the structure and making improvements to the working of the system. The proposal also provides for simpler conditions for the cross-frontier provision of services compared with those applicable to the freedom of establishment in order further to contribute to the flexibility of labour and services markets.

2.2. Consolidation and simplification

The Commission has already achieved a considerable consolidation of the 35 transitional directives concerning crafts and trades professions through the third General System Directive 1999/42/EC [8]. The subsequent adoption of the Directive 2001/19/EC has further simplified the legal and procedural regime for professional recognition. There continue to exist some twelve main directives covering the seven professions of doctor [9], general care nurse [10], dental practitioner [11], veterinary surgeon [12], midwife [13], pharmacist [14] and architect [15] adopted mainly over a twenty year period in the 1970s and 1980s, plus the three General System directives [16], as up-dated by the SLIM Directive. A consolidation of these directives will provide a simpler and clearer set of rules for the professions concerned.

[8] Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications, published in OJ L 201 of 31.7.99, p. 77.

[9] 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 (hereinafter referred to as the "doctors" Directive), published in OJ L 165 of 7.7.93, p. 1, and last amended by the SLIM Directive.

[10] Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of this right of establishment and freedom to provide services. (hereinafter referred to as the "nurses' recognition" Directive), published in OJ L 176 of 15.7.77, p. 1, and last amended by the SLIM Directive.

[11] 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 (hereinafter referred to as the "dentists' recognition" Directive), published in OJ L 233 of 24.8.78, p. 1, and last amended by the SLIM Directive.

[12] 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 (hereinafter referred to as the "veterinary surgeons' recognition" Directive), published in OJ L 362 of 23.12.78, p. 1, and last amended by the SLIM Directive.

[13] 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 (hereinafter referred to as the "midwives' recognition" Directive), published in OJ L 33 of 11.2.80, p. 1, and last amended by the SLIM Directive.

[14] Council Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by Law, Regulation or Administrative Action in respect of certain activities in the field of pharmacy (hereinafter referred to as the "pharmacists coordination" Directive), published in OJ L 253 of 24.9.85, p. 34, and last amended by the SLIM Directive.

[15] 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 (hereinafter referred to as the "architects" Directive), published in OJ L 223 of 21.8.85, p. 15, and last amended by the SLIM Directive.

[16] Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, published in OJ L 19 of 24.1.89, p. 16, and last amended by the SLIM Directive.

The directives on the provision of services and establishment of lawyers [17] are not covered by this exercise, since they concern the recognition not of professional qualifications but of the authorisation to practice. Recognition of lawyers' qualifications is currently governed by Directive 89/48/EEC, which is covered by this exercise.

[17] Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services, published in OJ L 78 of 26.3.77, p. 17; 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, published in OJ L 77 of 14.3.98, p. 36.

This proposal does not propose major changes to existing co-ordinated provisions upon which recognition under the sectoral directives is founded. The public consultation organised in 2001 did not produce widespread calls for such developments. The Commission has not proposed this kind of change as inappropriate for a framework proposal largely directed to consolidation and administrative simplification of rules applicable to a large number of professions. This does not preclude continuing dialogue with interested parties and national authorities to clarify issues and positions with a view to possible future action specific to each profession. Such work should take into account actions to be undertaken under the proposed Community public health programme to promote quality in the field of health, as set out in the Commission Communication on health strategy of the European Community [18]. In addition to pure consolidation, a review of the various provisions of the different directives has shown that a rationalisation and streamlining of the provisions into a single directive would contribute to greater simplification and increased clarity while retaining existing guarantees.

[18] Document COM (2000) 285 final.

Procedural simplification is called for in addition to simplification of legal texts. The sectoral directives have in the past been supported by administratively burdensome advisory committees in addition to committees or groups of national officials. Other directives operate with the support of a single committee of national officials, meeting normally twice a year (the Co-ordinators Group of the General System). While the advisory committees have focussed on training, the Treaty and Community action in this area focus on free movement [19]. EU enlargement will bring a large number of new Member States and additional languages which would increase this form of administration.

[19] The Treaty itself excludes harmonisation in the fields of education and training (Articles 149 and 150 in Chapter 3). At the same time, Article 47.2 continues to allow for action co-ordinating national provisions for the taking up and pursuit of self-employed activities, albeit only on the basis of unanimous agreement in the Council if amendment of "existing principles laid down by law governing the professions with respect to training and conditions of access for natural persons" is required in one Member State.

Modern information and communication systems allow for more flexible procedures for the gathering of information and the exchange of views. Means of increased co-operation at the European level have already been developed among professional and educational representatives. The requirements of an enlarged European Union and conditions of good administration require the application of simpler and more flexible procedures to ensure that the conditions underlying automatic recognition are considered by the Commission and national authorities. This can be done by maintaining regular meetings of national officials at Community level, organised by the Commission, while making more open provision for the inclusion of external views and positions for discussion at the initiative of the Commission or any Member State. Flexible means of collaboration have already been operated in some areas and produced good results. Consolidation, modernisation and simplification can therefore be obtained in the procedures which support the legal texts as well as in the texts themselves.

The Commission considers that, in addition to established means of consultation operating within the Member States, guarantees for the provision of information, recommendations and reports on the operation of the Community regime at the European level can be ensured by arrangements to be entered into between the Commission and the relevant representative bodies of the professions and educational establishments benefiting from automatic recognition on the basis of minimum co-ordination of training requirements. These arrangements should ensure that information and advice are provided to the Commission and the Member States on a regular basis. They also ensure that such contributions will be included in the agenda of the next relevant meeting of national officials organised by the Commission dealing with the relevant profession. These arrangements could be confirmed by the Commission in an appropriate form. On this basis, the Commission will withdraw its proposal to repeal the Decisions setting up advisory committees alongside the sectoral directives [20] and present a new proposal for a Council decision abolishing the existing advisory committees during the legislative process on this proposal.

[20] Proposal for a Council Decision repealing Decisions 75/364/EEC, 77/454/EEC, 78/688/EEC, 78/1028/EEC, 80/156/EEC and 85/434/EEC setting up advisory committees for the training of nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and doctors. Document COM (1999) 177 final.

2.3. Improved management, clarity and flexibility

Under the sectoral directives, automatic recognition is supported by the minimum co-ordination of training in the directives. These fundamental requirements underlying automatic recognition needed to continue to be set through co-decision of Parliament and Council. However, technical updating of some requirements is more appropriately achieved through the exercise of delegated powers. Account needs to be taken of the increasing pace of development of society and technology in the application of procedures designed to maintain the relevance of the technical provisions underlying the general rules set out in Community law. In this respect, the sectoral directives are unnecessarily inflexible. The main rules on professional recognition should continue to figure in the body of the Directive, but the technicalities specific to their application should appear in annexes, and when suitable, be subject to up-dating through the exercise of delegated powers.

In so far as the General System is concerned, it has proven its worth over some ten years of increasingly extensive application. However, there appears to be scope for adding further transparency, clarity and guarantees under the General System. Within the minimum guarantees, recent statistics on recognition processes already show considerable evidence of recognition being granted on a regular basis without the application of compensation measures in the form of an aptitude test or period of supervised practice. However, experience varies throughout the EU. In addition, some professions covered by the General System have already done considerable work towards the development of common platforms which can contribute to the understanding and recognition of qualifications [21].

[21] See the Commission's reply to Written Question No 3429/93 by Christian Rovsing. Register of EUR ING. OJ C 268 of 26/09/1994, p. 38.

The work on sectoral qualifications being promoted through the European social dialogue and activities supported by the Commission in the field of academic and vocational qualifications, can also make a contribution to the facilitation of the recognition of qualifications in the field of the regulated professions.

The General System directives do not contain specific provisions on the conditions applicable to the cross-frontier provision of services. The rights of establishment and cross-frontier service provision both apply to the benefit of the service economy. Less onerous conditions should be applied to the cross-frontier provision of services than apply to the right of establishment. For this reason the proposal envisages a lighter regime for the provision of cross-frontier services than for establishment, albeit with a safeguard clause. In this way too, the structure and approach followed by the sectoral and General System directives can be brought into combination without losing the main benefits of either approach.

2.4. Better administration and improved information and advice to citizens

The proposal also includes provision for increased means of co-operation between national administrations themselves and with the Commission for the provision of information and advice to individuals and problem solving. This forms part of a wider initiative in the Internal Market context. Information and advice to citizens on their rights and interests in professional recognition should be provided at the point closest to the citizen. This implies an obligation on home and host Member State authorities and contact points to provide information to aid those qualified or seeking recognition in connection with free movement. Existing information and advisory systems need to be developed to ensure that information can be exchanged quickly and in confidence between such authorities so that questions raised in one Member State about conditions of recognition and practice in another are quickly and fully answered.

At the same time, the Commission intends to encourage greater use of the Europe Direct Call Centre and of the Signpost Service. The Call Centre can provide quick information to citizens on Internal Market issues by telephone and e-mail, while the Signpost Centre - linked to the Call Centre and also contactable directly by e-mail - offers personalised advice on specific problems. The Commission services provide background information for the Call Centre, which, together with the Signpost Centre, has built up considerable experience in dealing with enquiries on professional recognition. These are the routes by which the quickest and most direct response can be provided to this form of citizens' enquiry.

2.5. A simpler and more open regulatory approach

This directive will provide a framework for better government at the Community level. It will introduce maximum flexibility while respecting Treaty requirements. It will provide for several different levels of action most appropriate to the functions in question, thereby applying the principle of subsidiarity. It will introduce simplification in the interests of clarity and accessibility as well as procedural efficiency in an enlarged Union. It will provide the necessary level of detail required to maintain legal security and to avoid uncertainty or overly burdensome procedures. It seeks to privilege private/public sector co-operation. It also seeks to reinforce existing co-operation between national authorities themselves and with the Commission in the provision of information and advice to citizens and to ensure that problems are resolved as quickly and effectively as possible. The proposal follows an open consultation of Member State authorities, professional associations and other interested parties, which has allowed those most directly concerned to make their views known. The proposal therefore respects and applies some of the main lines of action identified in the White Paper on European Governance.

3. Legal basis

The legal basis is the same as for the directives proposed for repeal. Article 40 of the EC Treaty lays down that "the measures required to bring about freedom of movement for workers [...]" shall be taken in accordance with the procedure referred to in Article 251. As regards the right of establishment, Article 47 of the EC Treaty lays down that directives shall be issued, in accordance with the procedure referred to in Article 251, "for the mutual recognition of diplomas, certificates and other evidence of formal qualifications", as well as for "for the coordination of the provisions laid down by law, regulation or administrative action in the Member States concerning the taking-up and pursuit of activities as self-employed persons". Under the terms of Article 55 of the EC Treaty, Article 47 applies to the provision of services.

In so far as implementation of this Directive does not involve, in the Member States, any change in the current legislative principles governing the structure of professions as regards training and conditions for access by natural persons, the Council acts by a qualified majority in accordance with Article 47(2) of the EC Treaty.

4. Subsidiarity and proportionality

Title III of Part Three of the EC Treaty on the free movement of persons, services and capital grants the European Community powers to take suitable measures in this field. Those powers must be exercised in compliance with Article 5 of the EC Treaty, that is if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community. Moreover, the Community action must not go beyond what is necessary to achieve the desired objectives. This proposal meets those requirements.

4.1. Subsidiarity

The content and organisation of the education system and vocational training are a matter exclusively for the Member States, in accordance with Articles 149 and 150 of the EC Treaty. Furthermore, the Member States are responsible for determining, on their national territory, the qualifications and other conditions laid down for taking up and exercising a given profession, and for the activities covered by the profession in question. Those national rules can give rise to barriers to the free movement of workers, freedom of establishment and the freedom to provide services (Articles 39, 43 and 49 of the EC Treaty).To make these freedoms effective, it is therefore necessary to lay down common rules allowing Community nationals to have their professional qualifications recognised in the other Member States with a view to exercising a regulated profession there. Such rules can only be established at Community level.

The new rules set out in this proposal have been drafted in compliance with the principle of subsidiarity. The establishment of greater liberalisation in the field of the freedom to provide services, close partnership between the public and private sectors through the professional platforms, increased use of comitology procedures and a more central role for the competent national authorities, is only the practical application of that principle.

4.2. Proportionality

Community action must be limited, in both form and substance, to what is strictly necessary to ensure that the objective pursued by the proposal is achieved and implemented effectively. The legal instrument of the directive, proposed in accordance with Article 47 of the EC Treaty, meets that requirement, in so far as it binds the Member States as to the result to be achieved, whilst leaving them the choice of the form and the most suitable methods of achieving that result. Moreover, this proposal consolidates the existing legal instruments in the field of recognition of professional qualifications, while simplifying and improving the system of recognition in the light of the experience gained.

The new rules set out in this proposal comply with the principle of proportionality. The means devised for achieving greater liberalisation in the field of the freedom to provide services, close partnership between the public and private sectors through the professional platforms, increased use of comitology procedures and a more central role for the competent national authorities in implementing the Directive do not go beyond what is needed to achieve the desired objectives.

5. Comments on the articles

Title I - General provisions

Articles 1 to 4

Article 1 establishes the principle of mutual recognition of professional qualifications.

In accordance with the EC Treaty, Article 2 lays down that the Directive applies solely to Community nationals, when the profession which the applicant wishes to pursue is regulated in the host Member State, and when the applicant has obtained his professional qualifications in a Member State other than that in which he wishes to pursue the profession.

Article 3 essentially maintains the definitions currently contained in the general system directives concerning the concepts of regulated profession, professional qualifications and evidence of formal training (including any evidence of formal qualifications obtained in a third country, once it has been recognised by a first Member State where the applicant has pursued the profession for at least three years).

Article 4 sets out the effects of professional recognition and introduces the obligation on the host Member State to allow partial access on its territory to a regulated profession which in fact combines two distinct and autonomous professional activities.

Title II - Freedom to provide services

Articles 5 to 9

Article 5 lays down that the Member States may not, for reasons relating to professional qualifications, restrict the freedom to provide services when the beneficiary is legally established in another Member State. This is immediately applicable when the profession is regulated in the Member State of establishment. Where the Member State of establishment does not regulate the profession, the person providing services in another Member State must in addition have pursued the activity in question for two years in the former Member State.

In view of the relaxation of requirements with regard to the provision of services, as compared with establishment, and in order to avoid those rules being invoked in cases which in fact concern establishment rather than the provision of services, it appears necessary to clarify the actual concept of provision of services for the purposes of this Directive. It is proposed that the criteria derived from the case law of the Court of Justice [22] be strengthened by basing a presumption on a time criterion set at 16 weeks.

[22] See, in particular, the judgment of 30.11.1995 (conclusions of Advocate-General Léger), Case C-55/94, Gebhard, ECR 1995, p. I-4165.

Article 6 takes over the acquis of the sectoral directives as regards the dispensation from any authorisation or registration with a professional or social security body.

Article 7 lays down the obligation to inform the contact point in the Member State of establishment when the services are provided by movement of the provider.

Pursuant to Article 8, the nationality of service providers and their lawful pursuit of the activity in the Member State of establishment must be verified by the host Member State through an exchange of information with the competent authorities of the Member State of establishment. Where applicable, the host Member State may also verify, with the contact point in the Member State of establishment, whether the provider has exercised the profession for at least two years in that Member State.

With a view to consumer protection, Article 9 contains the obligation on the service provider to provide the recipient of the service with a certain amount of information. This provision is taken over from Directive 2000/31/EC on electronic commerce and hence extended, in the case of the regulated professions, to all forms of the provision of services.

Title III - Freedom of establishment

Chapter III sets out the conditions to which recognition of professional qualifications is subject and the rules for implementing the recognition mechanisms within the framework of freedom of establishment. The various mechanisms currently provided for in the general system and sectoral directives, respectively, are maintained in principle.

Chapter I - General system for the recognition of qualifications

This Section essentially takes over the principles set out by Directives 89/48/EEC and 92/51/EEC. Changes are proposed in order to simplify the current system.

Articles 10 to 14

The scope of the general system, as set out in Article 10, is broader than that of Directives 89/48/EEC and 92/51/EEC. It is extended in a subsidiary manner to all cases which are not eligible for automatic recognition on the basis of professional experience or the coordination of minimum training conditions.

With a view to simplification, the limits currently laid down in Directives 89/48/EEC and 92/51/EEC for application of mutual recognition are formulated with reference to five levels of training set out in theoretical terms in Articles 11 and 12. Recognition is granted on the basis of the Directive only if the level required in the host Member State is no higher than the level immediately above that attested by the applicant's evidence of qualifications.

Article 13 essentially takes over Article 3 of Directives 89/48/EEC and 92/51/EEC.

Article 14 maintains the possibility for the host Member State to make recognition of qualifications subject to the applicant's completing a compensation measure, which can be either an aptitude test or an adaptation period. However, the possibility for a Member State to require professional experience rather than a compensation measure in the event of substantial differences relating to the duration and not the content of training is abolished. It is also proposed that the automatic derogations for professions involving a knowledge of national law be abolished, as this is in line with the provisions governing recognition of lawyers' authorisation to practise. Lastly, it is proposed that the current provisions on derogations from the migrant's right to choose between the aptitude test and the adaptation period be simplified.

The concept of "matters which are substantially different" can only be defined preciselycase by case. It is nevertheless proposed that the principle of the proportionality of the measure be incorporated into the Directive, meaning in particular that the relevant professional experience of the applicant must be taken into account.

Article 15

Article 15 provides for dispensation from compensation measures where the applicant's qualifications meet the criteria laid down by a decision of the Committee on Recognition of Professional Qualifications pursuant to the comitology procedure (regulation). These criteria would be proposed by a professional association in the context of a common platform established at European level and providing adequate guarantees as regards the applicant's level of qualification.

Chapter II - Recognition of professional experience

Articles 16 to 19

Articles 16 to 19 take over the principle and - subject to the amendments set out below - the provisions of Article 4 of Directive 1999/42/EC, which provides for the automatic recognition of qualifications on the basis of the applicant's professional experience in the case of the craft, industrial and commercial activities set out in the restrictive list in Annex A. It appeared appropriate to simplify the system by regrouping the existing categories. By making a number of amendments in substance, it was possible to reduce the number of categories of professional experience to two, based on professional experience of three or five years in a self-employed capacity or as a manager of an undertaking.

The comitology procedure (regulation) is applicable with a view to amending the list of professional activities set out in the Annex.

Chapter III - Recognition on the basis of coordination of the minimum training conditions

This section takes over the existing principles governing the automatic recognition of evidence of training while maintaining the guarantees set out in the current sectoral directives. Certain aspects were the subject of a standardisation of the systems in order to simplify matters.

Articles 20 to 45

These articles take over the relevant existing provisions for coordination of the minimum training conditions, automatic recognition of evidence of formal training (and, if necessary, the detailed arrangements for such recognition), access to the professions concerned, the exercise of the professional activities in question, the procedures for including the evidence of training in the Annex, and acquired rights.

The following amendments, in particular, should be stressed:

* A change in the procedure currently laid down for the inclusion of the evidence of trainingas architect;

* Incorporation into the general system of recognition of the medical and dental specialisations common to a limited number of Member States which are currently subject to automatic recognition, without prejudice to acquired rights. In a move to simplify the system, particularly with a view to enlargement, this means that only those medical specialisations which are common to and obligatory for all the Member States will henceforth benefit from automatic recognition;

* The abolition of the form of training for general medical practitioners set out in Article 32 of the "doctors" Directive;

* The abolition, for nurses responsible for general care, of the references to the specifically professional nature of the training and to the passing of an examination, which have become superfluous in view of the current systems of training in the Member States;

* The abolition of the derogation from the minimum training conditions set out in Article 2(4)(a) of the "pharmacists coordination" Directive;

* The extension of automatic recognition of evidence of training as a pharmacist to the setting-up of new pharmacies open to the public;

* The abolition of the provisions of the "pharmacists' recognition" Directive specific to Luxembourg (two-year period of professional experience required for the grant of a State public pharmacy concession).

The comitology (regulation) procedure applies to changing the minimum duration of training in medical specialisations, for the introduction into the Annex of new medical specialisations which are common to and obligatory for all Member States, and for updating the knowledge and competences and the list of subjects set out in the Annex with a view to adapting them to scientific and technical progress.

Chapter IV - Common provisions relating to establishment

Articles 46 to 49

In accordance with Article 46, when deciding on a request to exercise a regulated profession in the implementation of the provisions on establishment, the competent authorities of the host Member State may require the specific documents and certificates set out in the Annex.

Article 47 strengthens the existing rules of procedure, in particular through the generalised application of the three-month period granted to the competent national authorities to decide on requests for recognition and by introducing the obligation on those authorities to acknowledge receipt of the file and, where applicable, to inform the applicant of any missing document.

Article 48 essentially takes over the existing rules on the use of the professional title of the host Member State and lays down, in this respect, the rules applicable in the event of partial access to the profession in accordance with Article 4(3) of the Directive.

Having regard to the case law of the Court of Justice [23], Article 49 allows the host Member State to require the applicant to have the language skills needed to practise the profession. Assessment of the compatibility of the requirement imposed with Community law must be based on its proportionality as regards the needs of the profession. Where the competent authority considers that the applicant does not have the necessary language skills, it is for the host Member State to ensure that the applicant can acquire the missing skills.

[23] See judgment of 4.7.2000, Case C-424/97, Salomone Haim v. Kassenzahnärztliche Vereinigung Nordrhein, ECR 2000, p. I-5123.

Title IV - Arrangements for practising the profession

Articles 50 and 51

These articles lay down the arrangements for practising the profession relating to the use of title and the conclusion of an agreement with a sickness insurance fund, which are common to the provision of services and establishment.

Title V - Administrative cooperation and implementing powers

Articles 52 to 54

Article 52 extends to the whole of the Directive the obligation on the competent authorities of the Member State of origin and the host Member State to cooperate closely in order to ensure that the provisions of the Directive are applied adequately and to avoid the rights deriving from it being deflected from their objective and used in a fraudulent fashion. In addition, the Member States must appoint a coordinator responsible for promoting the uniform application of the Directive and collecting information useful for its implementation.

Article 53 is intended to put the role of the contact points onto a more formal basis, since networks have been set up for dealing with certain cases covered in general terms by the Internal Market and, more recently, for the recognition of professional qualifications.

Article 54 sets up a single committee to administer the Directive and its updating, which replaces all the committees set up under the previous system. This is a "comitology" committee acting in accordance with the regulation procedure as set out in the relevant provisions. The committee can also be seized of all questions concerning the working of the Directive.

Title VI - Other provisions

Articles 55 to 60

Article 55 lays down the obligation on the Member States to inform the Commission every two years about the application of the system of recognition of professional qualifications.

Article 56 lays down that, in the event of major difficulties in applying a provision of the Directive, the Commission will examine these in collaboration with the Member State concerned. Where applicable, the Commission will present the committee with suitable proposals addressed to a Member State with a view to derogating from the application of that provision on its territory for a limited period. Such measures are adopted according to the comitology (regulation) procedure.

Pursuant to Article 57, the existing directives on the recognition of professional qualifications are repealed.

Articles 58 to 60 set out the final provisions on implementation, entry into force and addressees of the Directive.

2002/0061 (COD)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the recognition of professional qualifications

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 40, Article 47(1), the first and third sentences of Article 47(2), and Article 55 thereof,

Having regard to the proposal from the Commission [24]

[24] OJ C of , p. .

Having regard to the opinion of the Economic and Social Committee [25],

[25] OJ C of , p. .

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

Whereas:

(1) Pursuant to Article 3(1)(c) of the Treaty, the abolition, as between Member States, of obstacles to the free movement of persons and services is one of the objectives of the Community. For nationals of the Member States, this includes, in particular, the right to exercise a profession, in a self-employed or employed capacity, in a Member State other than the one in which they have obtained their professional qualifications. In addition, Article 47(1) of the Treaty lays down that directives shall be issued for the mutual recognition of diplomas, certificates and other evidence of formal qualifications.

(2) Following the European Council of Lisbon on 23 and 24 March 2000, the Commission adopted a Communication on "An Internal Market Strategy for Services" [26], aimed in particular at making the free provision of services within the Community as simple as within an individual Member State. Further to the Communication from the Commission entitled "New European Labour Markets, Open to All, with Access to All" [27], the European Council of Stockholm on 23 and 24 March 2001 entrusted the Commission with presenting "for the 2002 Spring European Council [...] specific proposals for a more uniform, transparent and flexible regime of recognition of qualifications [...]".

[26] Document COM (2000) 888.

[27] Document COM (2001) 116.

(3) The guarantee conferred by this Directive on persons having acquired their professional qualifications in a Member State to have access to the same profession and pursue it in another Member State with the same rights as nationals is without prejudice to compliance by the migrant professional with any non-discriminatory conditions of access which might be laid down by the latter Member State, provided that the these objectively justified and proportionate.

(4) In order to facilitate the free provision of services, there should be specific rules aimed at extending the exercise of professional activities under the original professional title. In the case of information society services provided at a distance, the provisions of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market [28] also apply.

[28] OJ L 178 of 17.7.2000, p.1.

(5) In view of the different systems established for the provision of services on the one hand, and for establishment on the other, the criteria for distinguishing between these two concepts in the event of the movement of the service provider to the territory of the host Member State must be clarified by establishing a simple presumption based on a time criterion.

(6) While maintaining, for the freedom of establishment, the principles and safeguards underlying the different systems for recognition in force, their rules must be improved in the light of experience. Moreover, the relevant directives have been amended on several occasions, and their provisions must be reorganised and rationalised by standardising the principles applicable. It is therefore necessary to replace Council Directives 89/48/EEC [29] and 92/51/EEC [30], as well as Directive 1999/42/EEC of the European Parliament and of the Council [31] on the general system for the recognition of professional qualifications, and Council Directives 77/452/EEC [32], 77/453/EEC [33], 78/686/EEC [34], 78/687/EEC [35], 78/1026/EEC [36], 78/1027/EEC [37], 80/154/EEC [38], 80/155/EEC [39], 85/384/EEC [40], 85/432/EEC [41], 85/433/EEC [42] and 93/16/EEC [43] concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor, as last amended by Directive 2001/19/EC of the European Parliament and of the Council [44], by combining them in a single text.

[29] OJ L 19 of 24.1.1989, p. 16.

[30] OJ L 209 of 24.7.1992, p. 25.

[31] OJ L 201 of 31.7.1999, p. 77.

[32] OJ L 176 of 15.7.1977, p. 1.

[33] OJ L 176 of 15.7.1977, p. 8.

[34] OJ L 233 of 24.8.1978, p. 1.

[35] OJ L 233 of 24.8.1978, p.10.

[36] OJ L 362 of 23.12.1978, p. 1.

[37] OJ L 362 of 23.12.1978, p. 7.

[38] OJ L 33 of 11.2.1980, p. 1.

[39] OJ L 33 of 11.2.1980, p. 8.

[40] OJ L 223 of 21.8.1985, p. 15.

[41] OJ L 253 of 24.9.1985, p. 34.

[42] OJ L 253 of 24.9.1985, p. 37.

[43] OJ L 165 of 7.7.1993, p. 1.

[44] OJ L 206 of 31.7.2001, p. 1.

(7) In the case of the professions covered by the general system for the recognition of qualifications, hereinafter referred to as "the general system", the Member States retain the right to lay down the minimum level of qualification required to ensure the quality of the services provided on their territory. However, pursuant to Articles 10, 39 and 43 of the EC Treaty, they may not require a national of a Member State to obtain qualifications, which they generally lay down only in terms of the diplomas awarded under their national educational system, where the person concerned has already obtained all or part of their qualifications in another Member State. As a result, it should be laid down that any host Member State in which a profession is regulated must take account of the qualifications obtained in another Member State and assess whether they correspond to those which it requires.

(8) Absent harmonisation of the minimum training conditions for access to the professions governed by the general system, it must be possible for the host Member States to impose a compensation measure. This measure must be proportionate and, in particular, take account of the applicant's professional experience. Experience shows that requiring the migrant to choose between an aptitude test or an adaptation period offers adequate safeguards as regards the latter's level of qualification, so that any derogation from that choice should in each case be justified by an imperative requirement in the general interest.

(9) In order to promote the free movement of workers, freedom of establishment and the free provision of services, while ensuring an adequate level of qualification, various professional associations and organisations have established common platforms at European level under which professionals meeting a number of criteria relating to professional qualifications are awarded the right to bear the professional title awarded by those associations or organisations. The Directive should take account, under certain conditions and in compliance with Community law, and in particular Community law on competition, of those initiatives, while promoting, in this context, a more automatic character of recognition under the general system.

(10) In order to take into account all situations for which there was still no provision relating to the recognition of professional qualifications, the general system must be extended to those cases which are not covered by a specific system, either where the profession is not covered by one of those systems or where, although the profession is covered by such a specific system, the applicant does not meet the conditions to benefit from it.

(11) There is a need to simplify the rules allowing access to a number of industrial, commercial and craft activities, in Member States where those professions are regulated, in so far as those activities have been pursued for a reasonable and sufficiently recent period of time in another Member State, while maintaining for those activities a system of automatic recognition based on professional experience.

(12) Freedom of movement and the mutual recognition of the evidence of formal training of doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects must be based on the fundamental principle of automatic recognition of the evidence of formal qualifications on the basis of coordinated minimum conditions for training. In addition, access in the Member States to the professions of doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, midwife and pharmacist must be made conditional upon the possession of a given qualification ensuring that the person concerned has undergone training which meets the minimum conditions laid down. This system must be supplemented by a number of acquired rights from which qualified professionals benefit under certain conditions.

(13) The professional activities of general practitioners are covered by a specific system which differs from that for basic practitioners and specialised medical practitioners. The Member States cannot therefore recognise any medical specialism which has a field of professional activity similar to that of general practitioners.

(14) In an effort to simplify the system, particularly with a view to enlargement, the principle of automatic recognition must apply only to those medical specialisms which are common to and obligatory for all the Member States. Those medical specialisms which are common to a limited number of Member States must be incorporated into the general system for recognition without prejudice to the established rights. In practice, the effects of this amendment should be limited for the migrant, in so far as these situations should not be subject to compensation measures. Moreover, this Directive is without prejudice to the possibility for Member States to establish, amongst themselves, automatic recognition for certain medical and dental specialisms common to them according to their own rules.

(15) All Member States must recognise the profession of dental practitioner as a specific profession distinct from that of medical practitioner, whether or not specialised in odontostomatology. The Member States must ensure that the training given to dental practitioners equips them with the skills needed for prevention, diagnosis and treatment relating to anomalies and illnesses of the teeth, mouth, jaws and associated tissues. The professional activity of the dental practitioner must be carried out by holders of a qualification as dental practitioner set out in this Directive.

(16) It did not appear desirable to lay down standardised training for midwives for all the Member States. Rather, the latter should have the greatest possible freedom to organise their training.

(17) With a view to simplifying this Directive, reference should be made to the concept of "pharmacist" in order to delimit the scope of the provisions relating to the automatic recognition of the qualifications, without prejudice to the special features of the national regulations governing those activities.

(18) Holders of qualifications as a pharmacist are specialists in the field of medicines and must, in principle, have access in all Member States to a minimum range of activities in this field. In defining this minimum range, this Directive must neither have the effect of limiting the activities accessible to pharmacists in the Member States - in particular as regards medical biology analyses - nor create a monopoly for those professionals, as this remains a matter solely for the Member States. The provisions of this Directive are without prejudice to the possibility for the Member States to impose supplementary training conditions for access to activities not included in the coordinated minimum range of activities. This means that the host Member State must be able to impose these conditions on the nationals who hold qualifications which are covered by automatic recognition within the meaning of this Directive.

(19) This Directive does not coordinate all the conditions for access to activities in the field of pharmacy and the exercise of these activities. In particular, the geographical distribution of pharmacies and the monopoly for dispensing medicines remain a matter for the Member States. This Directive leaves unchanged the legislative, regulatory and administrative provisions of the Member States forbidding companies from exercising certain pharmacist's activities or subjecting them to certain conditions.

(20) Architectural design, the quality of buildings, their harmonious incorporation into their surroundings, respect for natural and urban landscapes and for the public and private heritage are a matter of public interest. Mutual recognition of qualifications must therefore be based on qualitative and quantitative criteria which ensure that the holders of recognised qualifications are in a position to understand and translate the needs of individuals, social groups and authorities as regards spatial planning, the design, organisation and realisation of structures, conservation and the exploitation of the architectural heritage, and protection of natural balances.

(21) National regulations in the field of architecture and on access to and the exercise of the professional activities of an architect vary widely in scope. In most Member States, activities in the field of architecture are exercised, de jure or de facto, by persons bearing the title of architect alone or accompanied by another title, without those persons having a monopoly on the exercise of such activities, unless there are legislative provisions to the contrary. These activities, or some of them, may also be exercised by other professionals, in particular by engineers who have undergone special training in the field of construction or the art of building. With a view to simplifying this Directive, reference should be made to the concept of "architect" in order to delimit the scope of the provisions relating to the automatic recognition of the qualifications, without prejudice to the special features of the national regulations governing those activities.

(22) In order to ensure the effectiveness of the system for the recognition of professional qualifications, uniform formalities and rules of procedure must be defined for its implementation, as well as certain details of the exercise of the profession.

(23) Since collaboration among the Member States and between them and the Commission is likely to facilitate the implementation of this Directive and compliance with the obligations deriving from it, the means of collaboration must be organised.

(24) Administering the various systems of recognition set up by the sectoral directives and the general system has proved cumbersome and complex. There is therefore a need to simplify the administration and updating of this Directive to take account of scientific and technical progress, in particular where the minimum conditions of training are coordinated with a view to automatic recognition of qualifications. A single committee for the recognition of professional qualifications must be set up for this purpose.

(25) Pursuant to Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [45], the measures needed to implement this Directive should be adopted according to the procedure laid down in Article 5 of that Decision.

[45] OJ L 184 of 17.7.1999, p. 23.

(26) The preparation by the Member States of a periodic report on the implementation of this Directive, containing statistical data, will make it possible to determine the impact of the system for the recognition of professional qualifications.

(27) There should be a suitable procedure for adopting temporary measures if the application of any provision of this Directive were to encounter major difficulties in a Member State.

(28) The provisions of this Directive do not affect the powers of the Member States as regards the organisation of their national social security system and determining the activities which must be exercised under that system.

(29) In view of the speed of technological change and scientific progress, life-long learning is of particular importance for a large number of professions. In this context, it is for the Member States to adopt the detailed arrangements under which, through suitable ongoing training, professionals will keep abreast of technical and scientific progress.

(30) In accordance with the principles of subsidiarity and proportionality set out in Article 5 of the Treaty, the objectives of the proposed measure, that is the rationalisation, simplification and improvement of the rules for the recognition of professional qualifications, cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community. This Directive confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose.

(31) This Directive is without prejudice to the application of Article 39(4) and Article 45 of the Treaty, nor of the measures necessary to ensure a high level of health and consumer protection.

HAVE ADOPTED THIS DIRECTIVE:

Title I General provisions

Article 1 Purpose

This Directive establishes rules according to which a Member State which makes access to or pursuit of a regulated profession in its territory contingent upon possession of specific professional qualifications (referred to hereafter as the "host Member State") shall accept professional qualifications obtained in one or more other Member States (referred to hereafter as the "home Member State") and which allow the holder of the said qualifications to pursue the same profession there, as a sufficient condition for access to and pursuit of that profession.

Article 2 Scope

1. This Directive shall apply to all nationals of a Member State wishing to practise a regulated profession in a Member State other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.

2. Each Member State may permit persons in possession of evidence of formal qualifications not obtained in a Member State to perform regulated professional activities on its territory, in accordance with its rules. In the case of professions covered by Title III, Chapter III, this initial recognition must respect the minimum training conditions laid down in that Chapter.

Article 3 Definitions

1. For the purposes of this Directive, the following terms are defined as follows:

a) regulated profession: a professional activity or group of professional activities, access to which, the practice of which, or one of the modes of pursuit is subject, directly or indirectly, to legislative, regulatory or administrative provisions concerning possession of specific professional qualifications.

b) professional qualifications: qualifications attested by evidence of formal training, an attestation of competence referred to in Article 11(2)(a) and/or professional experience;

c) evidence of formal qualifications: diplomas, certificates and other evidence issued by an authority in a Member State and certifying successful completion of professional training obtained mainly in the Community,

2. A profession practised by the members of an association or organisation listed in Annex I is treated as a regulated profession.

On each occasion that a Member State grants recognition to an association or organisation referred to in the first paragraph, it shall inform the Commission, which shall issue an appropriate notification in the Official Journal of the European Communities.

3. Evidence of formal training issued by a non-member country shall be regarded as evidence of formal qualifications if the holder has three years' professional experience, certified by the Member State which recognised that evidence of formal qualifications in accordance with Article 2(2).

Article 4 Effects of recognition

1. The recognition of professional qualifications by the host Member State allows the beneficiary to gain access in that Member State to the same profession to that for which he is qualified in the home Member State and to practise it in the host Member State with the same rights as its nationals.

2. For the purposes of this Directive, the profession which the applicant wishes to pursue in the host Member State is the same as that for which he is qualified in his home Member State if the activities covered are similar.

3. Where the profession for which the applicant is qualified in the home Member State constitutes an autonomous activity a profession covering a wider field of activities in the host Member State and where the difference cannot be made up by a compensatory measure referred to in Article 14, the recognition of the applicant's qualifications gives him access to that activity alone in the host Member State.

Title II Free movement of services

Article 5 Principle of the free provision of services

1. Without prejudice to Article 6(2), Member States shall not restrict, for any reason relating to professional qualifications, the free provision of services in another Member State:

a) if the service provider is legally established in a Member State for the purpose of practising the same professional activity there, and

b) where the service provider moves, if he has practised that activity for at least two years in the Member State of establishment when the profession is not regulated in that Member State.

2. For the purposes of this Directive, where the service provider moves to the territory of the host Member State, the pursuit of a professional activity for a period of not more than sixteen weeks per year in a Member State by a professional established in another Member State shall be presumed to constitute a "provision of services".

The presumption referred to in the previous paragraph shall not preclude assessment on a case-by-case basis, for example, in the light of the duration of the provision, its frequency, regularity and continuity.

3. The service shall be provided under the professional title of the Member State in which the service provider is legally established, insofar as such a title exists in that Member State for the professional activity in question.

That title shall be indicated in the official language or one of the official languages of the Member State of establishment in such a way as to avoid any confusion with the professional qualification of the host Member State.

Article 6 Exemptions

Pursuant to Article 5(1), the host Member State shall exempt service providers established in another Member State from the requirements which it places on professionals established in its territory relating to:

a) authorisation by, registration with or membership of a professional organisation or body;

b) registration with a public social security body for the purpose of settling accounts with an insurer relating to activities pursued for the benefit of insured persons.

The service provider shall, however, inform in advance or, in an urgent case, afterwards, the body referred to in point b) of the first paragraph of the services which he has provided.

Article 7 Information to be provided in advance if the service provider moves

Where the service provider moves in order to provide services, he shall, in advance, inform the contact point of the Member State of establishment, referred to in Article 53. In urgent cases, the service provider shall inform the contact point of that Member State as soon as possible after the services have been provided.

Article 8 Administrative cooperation

The competent authorities of the host Member State may ask the competent authorities of the Member State of establishment to provide proof of the service provider's nationality and proof that he is legally practising the activities in question in that Member State. The competent authorities of the Member State of establishment shall provide this information in accordance with the provisions of Article 52.

Furthermore, in the cases referred to in Article 5.1(b), the competent authorities of the host Member State may ask the contact point of the Member State of establishment, referred to in Article 53, to provide proof that the service provider has practised the activities in question in the Member State of establishment for at least two years. Such proof may take any form.

Article 9 Information to be given to the recipients of the service

In addition to the other requirements relating to information contained in Community law, the Member States shall ensure that the service provider furnishes the recipient of the services with the following information:

a) if the service provider is registered in a commercial register or similar public register, the commercial register in which he is registered, his registration number, or equivalent means of identification contained in that register;

b) if the activity is subject to authorisation in the Member State of establishment, the name and address of the competent supervisory authority;

c) any professional association or similar body with which the service provider is registered;

d) the professional qualification and the Member State in which it was awarded;

e) a reference to the professional rules applicable in the Member State of establishment and to the means of gaining access to those rules;

f) if the service provider performs an activity which is subject to VAT, the VAT identification number referred to in Article 22(1) of the Sixth Council Directive 77/388/EEC [46].

[46] OJ L 145, 13.6.1977, p. 1. Directive last amended by Directive 1999/85/EC (OJ L 277 of 28.10.1999, p. 34).

Title III Freedom of establishment

Chapter I General system for the recognition of evidence of training

Article 10 Scope

This Chapter applies to all professions which are not covered by Chapters II and III of this Title and to all cases in which the applicant does not satisfy the conditions laid down in those Chapters.

Article 11 Levels of qualification

1. For the purpose of applying Article 13, the following five levels of professional qualification are established:

a) level 1, "attestation of competence";

b) level 2, "certificate";

c) level 3, "diploma certifying successful completion of a short training course";

d) level 4, "diploma certifying successful completion of an intermediate training course";

e) level 5, "diploma certifying successful completion of a higher training course".

2. Level 1 corresponds to:

a) an attestation of competence issued by a competent authority in the home Member State on the basis of a very short training course, a specific examination without prior training or full-time practice of the profession in a Member State for three consecutive years or for an equivalent duration on a part-time basis during the previous 10 years,

b) general primary or secondary education, attesting that the holder has acquired general knowledge.

3. Level 2 corresponds to training at secondary level, of a professional nature or general in character, supplemented by a professional course.

4. Level 3 corresponds to training at post-secondary level and of a duration of at least one year and less than three years.

The following shall be treated as level-3 training courses:

a) training courses with a special structure which provide a comparable professional standard and which prepare the trainee for a comparable level of responsibilities and functions. The courses listed in Annex II are specific examples;

b) regulated training which is specifically directed to the practice of a particular profession and which consists of a course of education supplemented, where appropriate, by professional training, probationary or professional practice, for which the structure and level are laid down in the legislative, regulatory or administrative provisions of the Member State in question, or which are subject to control or approval by the authority designated for that purpose. The regulated training courseslisted in Annex III are specific examples.

5. Level 4 corresponds to a course of training at higher or university level and of a duration of at least three years and less than four years.

The following shall be treated as level-4 training: Regulated training which is directly aimed at the practice of a particular profession and which consist of a three-year programme of post-secondary study or a part-time programme of post-secondary study of equivalent duration, carried out in a university or an institution providing an equivalent level of training, and, possibly, professional training, probationary or professional practice required in addition to the programme of post-secondary study.

The structure and level of the professional training, probationary or professional practice shall be laid down in the legislative, regulatory or administrative provisions of the Member State in question or be subject to control or approval by the authority designated for that purpose.

6. Level 5 corresponds to training at higher education level and of a minimum duration of four years.

The following shall be treated as level-5 training: regulated training aimed specifically at the pursuit of a particular profession and which consist of a programme of post-secondary study of at least four years' duration or a programme of part-time post-secondary study of equivalent duration, carried out in a university or an institution providing an equivalent level of training and, possibly, professional training, probationary or professional practice required in addition to a programme of post-secondary study.

The structure and level of the professional training, probationary or professional practice shall be laid down in the legislative, regulatory or administrative provisions of the Member State in question or be subject to supervision or approval by the authority designated for that purpose.

Article 12 Conditions for recognition

Any document or set of documents issued by a competent authority in a Member State, certifying successful completion of training in the Community, recognised by that Member State as being of an equivalent level and conferring on the holder the same rights of access to or pursuit of a profession, shall be treated as proof of training of the type covered by Article 11, including the level in question.

Any professional qualification which, although not satisfying the requirements contained in the legislative, regulatory or administrative provisions in force in the home Member State for access to or the practice of a profession, confers on the holder acquired rights by virtue of these provisions, shall be treated as a professional qualification under the first paragraph and under the same conditions.

Article 13 Conditions for recognition

1. If access to or pursuit of a regulated profession in a host Member State is contingent upon possession of specific professional qualifications, the competent authority of that Member State shall permit access to and pursuit of that profession, under the same conditions as apply to its nationals, to applicants possessing the attestation of competence or evidence of formal training required by another Member State in order to gain access to and pursue that profession on its territory.

Attestations of competence or evidence of formal training shall satisfy the following conditions:

a) they shall have been obtained in another Member State;

b) they shall attest a level of professional qualification at least equivalent to the level immediately below that which is required in the host Member State, as described in Article 11.

2. Access to and pursuit of the profession, as described in paragraph 1, shall also be granted to applicants who have practised the profession referred to in that paragraph on a full-time basis for two years during the previous 10 years in another Member State which does not regulate that profession, providing they possess one or more attestations of competence or documents providing evidence of formal training.

Attestations of competence and evidence of formal training shall satisfy the following conditions:

a) they shall have been issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State;

b) they shall attest a level of professional qualification at least equivalent to the level immediately below that required in the host Member State, as described in Article 11;

c) they shall attest that the holder has been prepared for the practice of the profession in question.

The two years' professional experience referred to in the first subparagraph may not, however, be required if the evidence of formal training which the applicant possesses, and which is referred to in that subparagraph, certifies regulated training within the meaning of Article 11.4(b), 11.5, second subparagraph and 11.6, second subparagraph.

Article 14 Compensation measures

1. Article 13 does not preclude the host Member State from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if:

a) the duration of the training of which he provides evidence under the terms of Article 13, paragraph 1 or 2, is at least one year shorter than that required by the host Member State;

b) the training he has received covers substantially different matters than those covered by the evidence of formal training required in the host Member State;

c) the regulated profession in the host Member State comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant's home Member State within the meaning of Article 4(2), and that difference consists in specific training which is required in the host Member State and which covers substantially different matters from those covered by the applicant's attestation of competence or evidence of formal training.

2. If the host Member State makes use of the option provided for in paragraph 1, it must offer the applicant the choice between an adaptation period and an aptitude test.

Where a Member State considers, with respect to a given profession, that it is necessary to derogate from the requirement, set out in the previous subparagraph, that it give the applicant a choice between an adaptation period and an aptitude test, it shall inform the other Member States and the Commission in advance and provide sufficient justification for the derogation.

If, after receiving all necessary information, the Commission considers that the derogation referred to in the second subparagraph is inappropriate or that it is not in accordance with Community law, it shall, within three months, ask the Member State in question to refrain from taking the envisaged measure. In the absence of a response from the Commission within the above-mentioned deadline, the derogation may be applied.

3. For the purpose of applying paragraph 1(b) and (c), "substantially different matters" means matters of which knowledge is essential for practising the profession and with regard to which the training received by the migrant shows important differences in terms of duration or content from the training required by the host Member State.

4. Paragraph 1 shall be applied with due regard to the principle of proportionality. In particular, if the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the knowledge acquired by the applicant in the course of his professional experience in a Member State or in a non-member country, is of a nature to cover, in full or in part, the substantial difference referred to in paragraph 3.

Article 15 Waiving of compensation measures on the basis of common platforms

1. Professional associations may notify the Commission of common platforms which they establish at European level. For the purposes of this Article, "common platform" means a set of criteria of professional qualifications which attest to a sufficient level of competence for the pursuit of a given profession and on the basis of which those associations accredit the qualifications obtained in the Member States.

If the Commission is of the opinion that the platform in question facilitates the mutual recognition of professional qualifications, it shall inform the Member States thereof and shall take a decision in accordance with the procedure referred to in Article 54(2).

2. Where the applicant's qualifications satisfy the criteria established by a decision within the meaning of paragraph 1, the host Member State shall waive application of Article 14.

3. If a Member State considers that a common platform no longer offers adequate guarantees with regard to professional qualifications, it shall inform the Commission accordingly, which shall, if appropriate, take a decision in accordance with the procedure referred to in Article 54(2).

Chapter II Recognition of professional experience

Article 16 Requirements regarding professional experience

If, in a Member State, access to or pursuit of one of the activities listed in Annex IV is contingent upon possession of general, commercial or professional knowledge and aptitudes, that Member State shall recognise previous pursuit of the activity in another Member State as sufficient proof of such knowledge and aptitudes. The activity must have been pursued in accordance with Articles 17 and 18.

Article 17 Activities referred to in list I of Annex IV

1. For the activities in list I of Annex IV, the activity in question must have been previously pursued:

a) either for five consecutive years on a self-employed basis or as a company director,

b) or for three consecutive years on a self-employed basis or as a company director, where the beneficiary proves that he has received previous training of at least three years for the activity in question, evidenced by a certificate recognised by that Member State or judged by a competent professional body to be fully valid,

c) or for four consecutive years on a self-employed basis or as a company director, where the beneficiary can prove that he has received, for the activity in question, previous training of at least two years' duration, attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid,

d) or for three consecutive years on a self-employed basis or as a company director, if the beneficiary can prove that he has performed the activity in question on an employed basis for at least five years,

e) either five consecutive years on an employed basis, if the beneficiary can prove that he has received, for the activity in question, previous training of at least three years' duration, as attested by a certificate recognised by that Member State or judged by a competent professional body to be fully valid,

f) or for six consecutive years on a employed basis, if the beneficiary can prove that he has received previous training in the activity in question of at least two years' duration, as attested by a certificate recognised by that Member State or judged by a competent professional body to be fully valid.

2. In cases a) and d), the activity must not have finished more than 10 years before the date on which the complete application was submitted by the person concerned to the competent authority referred to in Article 52.

Article 18 Activities referred to in list II of Annex IV

1. For the activities in list II of Annex IV, the activity in question must have been previously pursued:

a) for three consecutive years, either on a self-employed basis or as a company director,

b) or for two consecutive years, either on a self-employed basis or as a company director, if the beneficiary can prove that he has received previous training for the activity in question, as attested by a certificate recognised by that Member States or judged by a competent professional body to be fully valid,

c) or for two consecutive years, either on a self-employed basis or as a company director, if the beneficiary can prove that he has pursued the activity in question on an employed basis for at least three years,

d) or for three consecutive years, on an employed basis, if the beneficiary can prove that he has received previous training for the activity in question, as attested by a certificate recognised by that Member State or judged by a competent professional body to be fully valid.

2. In cases a) and c), the activity must not have ended more than ten years prior to the date on which the complete application is presented by the person concerned to the competent authority referred to in Article 52.

Article 19 Amendment of the list of activities in Annex IV

The lists of activities in Annex IV which are the subject of recognition of professional experience pursuant to Article 16 may be amended in accordance with the procedure referred to in Article 54(2).

Chapter III Recognition on the basis of coordination of minimum training conditions

Section 1 General Provisions

Article 20 Principle of automatic recognition

1. Each Member State shall recognise evidence of training giving access to the professional activities of general practitioner and specialised doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, pharmacist and architect, listed in Annex V, points 5.1.2, 5.1.3, 5.2.3, 5.3.3, 5.4.3, 5.6.4 and 5.7.2 respectively, which satisfy the minimum training conditions referred to in Articles 22, 23, 29, 32, 35, 40 and 42 respectively, and shall, for the purposes of access to and pursuit of the professional activities, give such evidence the same effect on its territory as the evidence of formal training which it itself issues.

Such evidence of formal qualifications must be issued by the competent bodies in the Member States and accompanied, where appropriate, by the certificates listed in Annex V, points 5.1.2, 5.1.3, 5.2.3, 5.3.3, 5.4.3, 5.6.4 and 5.7.2 respectively.

The provisions of subparagraphs 1 and 2 do not affect the acquired rights referred to in Articles 21, 25, 31, 34 and 45.

2. Each Member State shall recognise, for the purpose of pursuing general medical activities in the framework of its national social security system, evidence of formal training listed in Annex V, point 5.1.5 and issued to nationals of the Member States by the other Member States in accordance with the minimum training conditions laid down in Article 26.

The provisions of the previous subparagraph do not affect the acquired rights referred to in Article 28.

3. Each Member State shall recognise evidence of formal training as a midwife, awarded to nationals of Member States by the other Member States, listed in Annex V, point 5.5.4, which complies with the minimum training conditions referred to in Article 36 and satisfies the criteria set out in Article 37, and shall, for the purposes of access to and pursuit of the professional activities, give such evidence the same effect on its territory as the evidence of formal training which it itself issues. This provision does not affect the acquired rights referred to in Articles 21 and 39.

4. Evidence of formal training as an architect referred to in Annex V, point 5.7.2, which is subject to automatic recognition pursuant to paragraph 1, proves completion of a course of training which began not earlier than during the academic reference year referred to in that Annex.

5. Each Member State shall make access to and pursuit of the professional activities of doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists subject to possession of evidence of formal training referred to in Annex V, points 5.1.2, 5.1.3, 5.1.5, 5.2.3, 5.3.3, 5.4.3, 5.5.4 and 5.6.4 respectively, attesting that the person concerned has acquired, over the duration of his training, and where appropriate, the knowledge and aptitudes referred to in Annex V, points 5.1.1, 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1.

The knowledge and aptitudes referred to in Annex V, points 5.1.1, 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1, may be amended in accordance with the procedure referred to in Article 54(2) with a view to adapting them to scientific and technical progress.

Such updates shall not entail, for any Member State, an amendment of its existing legislative principles regarding the structure of professions as regards training and conditions of access by natural persons.

6. Each Member State shall notify the Commission of the legislative, regulatory and administrative provisions which it adopts with regard to the issuing of evidence of formal training in the area covered by this Chapter.

The Commission shall publish an appropriate communication in the Official Journal of the European Communities, indicating the titles adopted by the Member States for evidence of formal training and, where appropriate, the body which issues the evidence of formal training, the certificate which accompanies it and the corresponding professional title referred to in Annex V, points 5.1.2, 5.1.3, 5.1.5, 5.2.3, 5.3.3, 5.4.3, 5.5.4, 5.6.4 and 5.7.2 respectively.

Article 21 Acquired rights

1. Without prejudice to the acquired rights specific to the professions concerned, in cases where the evidence of medical training provides access to the professional activities of general practitioners and specialised doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists held by nationals of Member States do not satisfy all the training requirements referred to in Articles 22, 23, 29, 32, 35, 36 and 40, each Member State shall recognise as sufficient proof certificates of training issued by those Member States insofar as they attest successful completion of training which began before the reference dates laid down in Annex V, points 5.1.2, 5.1.3, 5.2.3, 5.3.3, 5.4.3, 5.5.4 and 5.6.4 and are accompanied by a certificate stating that the holders have been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.

2. The same provisions shall apply to evidence of medical training providing access to the professional activities of general practitioners, specialised doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists obtained in the territory of the former German Democratic Republic and which do not satisfy all the minimum training requirements laid down in Articles 22, 23, 29, 32, 35, 36 and 40 if they certify successful completion of training which began before:

a) 3 October 1989 for general practitioners, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists, and

b) 3 April 1992 for specialised doctors.

The evidence of training referred to in the first subparagraph confers on the holder the right to pursue professional activities throughout German territory under the same conditions as evidence of formal training issued by the competent German authorities referred to in Annex V, points 5.1.2, 5.1.3, 5.2.3, 5.3.3, 5.4.3, 5.5.4 and 5.6.4.

3. Each Member State shall recognise as sufficient proof for nationals of Member States whose evidence of formal training as a doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, midwife and pharmacist does not correspond to the titles given for that Member State in Annex V, points 5.1.2, 5.1.3, 5.1.4, 5.1.5, 5.2.3, 5.3.3, 5.4.3, 5.5.4 and 5.6.4, evidence of formal training issued by those Member States accompanied by a certificate issued by the competent authorities or bodies.

The certificate referred to in the first subparagraph shall state that the evidence of formal training certifies successful completion of training in accordance with Articles 22, 23, 26, 29, 32, 35, 36 and 40 respectively of this Directive and is treated by the Member State which issued it in the same way as the qualifications whose titles are listed in Annex V, points 5.1.2., 5.1.3, 5.1.4, 5.1.5, 5.2.3, 5.3.3, 5.4.3, 5.5.4 and 5.6.4.

Section 2 Doctors of medicine

Article 22 Basic medical training

1. Admission to basic medical training shall be contingent upon possession of a diploma or certificate providing access, for the studies in question, to universities or institutes of a Member State which provide higher education of a level recognised as being of an equivalent level, for the studies in question, of a Member State.

2. Basic medical training shall comprise a total of at least six years of study or 5 500 hours of theoretical and practical training provided by, or under the supervision of, a university.

For persons who began their studies before 1 January 1972, the course of training referred to in paragraph 1 may comprise six months of full-time practical training at university level under the supervision of the competent authorities.

3. Continuous training shall ensure, in accordance with the procedures specific each Member State, that persons who have completed their studies are able to keep abreast of medical progress.

Article 23 Specialist medical training

1. Admission to specialist medical training shall be contingent upon completion and validation of six years of study as part of a training programme referred to in Article 22 in the course of which the trainee has acquired the relevant knowledge of general medicine.

2. Specialist medical training shall comprise theoretical and practical training at a university or medical teaching hospital or, where appropriate, a medical care establishment approved for that purpose by the competent authorities or bodies.

The Member States shall ensure that the minimum duration of specialist medical training courses referred to in Annex V, point 5.1.4 is not less than the duration provided for in that point.

Training shall be given under the supervision of the competent authorities or bodies. It shall include personal participation of the trainee specialised doctor in the activity and responsibilities entailed by the services in question.

3. Training shall be given on a full-time basis at specific establishments which are recognised by the competent authorities. It shall entail participation in the full range of medical activities of the department where the training is given, including duty on call, in such a way that the trainee specialist devotes all his professional activity to his practical and theoretical training throughout the entire working week and throughout the year, in accordance with the procedures laid down by the competent authorities. Accordingly, these posts shall be the subject of appropriate remuneration.

This training may be interrupted for reasons such as military service, scientific missions, pregnancy or illness. Such interruptions may not result in a reduction in the overall duration of the training.

4. By way of exception, the Member States may authorise part-time specialist training, under conditions allowed by the competent national authorities, if, in the light of individual justified circumstances, full-time training is not feasible. The competent authorities shall ensure that the overall duration and quality of part-time specialist training shall not be lower than that of full-time training. This level may not be compromised by the part-time nature of the training, nor by the pursuit of paid professional activity.

The part-time training of specialised doctors shall satisfy the same requirements as full-time training, from which it is distinguished only by the possibility of limiting the participation in medical activities to a duration of at least half of that provided for with full-time training.

Such part-time training shall therefore be the subject of appropriate remuneration.

5. The Member States shall make the issuance of evidence of specialist medical training contingent upon possession of evidence of basic medical training referred to in Annex V, point 5.1.2.

6. The minimum periods of training referred to in Annex V, point 5.1.4 may be amended in accordance with the procedure referred to in Article 54(2).

Article 24 Types of specialist medical training

Evidence of formal training as a specialised doctor referred to in Article 20 is such evidence awarded by the competent authorities or bodies referred to in Annex V, point 5.1.3 as corresponds, for the specialised training in question, to the titles in use in the various Member States and referred to in Annex V, point 5.1.4.

The inclusion in Annex V, point 5.1.4 of new medical specialties common to all the Member States may be decided on in accordance with the procedure referred to in Article 54(2).

Article 25 Acquired rights specific to specialised doctors

1. A host Member State may require of specialised doctors whose part-time specialist medical training was governed by legislative, regulatory and administrative provisions in force as of 20 June 1975 and who began their specialist training no later than 31 December 1983 that their evidence of formal training be accompanied by a certificate stating that they have been effectively and lawfully engaged in the relevant activities for at least three consecutive years during the five years preceding the award of that certificate.

2. Every Member State shall recognise the qualification of specialised doctors awarded in Spain to doctors who completed their specialist training before 1 January 1995, even if that training does not satisfy the minimum training requirements provided for in Article 23, insofar as that qualification is accompanied by a certificate issued by the competent Spanish authorities and attesting that the person concerned has passed the examination in specific professional competence held in the context of exceptional measures concerning recognition laid down in Royal Decree 1497/99, with a view to ascertaining that the person concerned possesses a level of knowledge and aptitude comparable to that of doctors who possess a qualification as a specialised doctor defined for Spain in Annex V, points 5.1.3 and 5.1.4.

3. Every Member State which applies relevant legislative, regulatory or administrative provisions shall accept as sufficient proof evidence of formal training as a specialised doctor issued by other Member States which correspond, for the specialist training in question, to the titles listed in Annex VI, point 6.1, insofar as they attest a course of training which began before the reference date referred to in Annex V, point 5.1.3 and are accompanied by a certificate stating that the holders have been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.

The same provisions shall apply to evidence of specialist medical training obtained in the territory of the former German Democratic Republic if they attest a course of training which began before 3 April 1992 and confer on the holder the right to pursue the professional activities throughout German territory under the same conditions as evidence of formal training awarded by the competent German authorities referred to in Annex VI, point 6.1.

4. Every Member State which applies relevant legislative, regulatory or administrative provisions shall accept evidence of specialist medical training corresponding, for the specialist training in question, to the titles listed in Annex VI, point 6.1, awarded by the Member States listed therein and attesting a course of training which began after the reference date laid down in Annex V, point 5.1.3 and before the deadline laid down in Article 58, and shall, for the purposes of access to and pursuit of the professional activities of specialised doctor, give such evidence the same effect on its territory as certificates of training which it itself issues.

5. Every Member State which has repealed its legislative, regulatory or administrative provisions relating to the award of certificates of specialist medical training referred to in Annex VI, point 6.1 and which has adopted measures relating to acquired rights benefiting its nationals, shall grant nationals of other Member States the right to benefit from those measures, insofar as these certificates were issued before the date on which the host Member State ceased to issue certificates of training for the specialty in question.

The dates on which these provisions were repealed are set out in Annex VI, point 6.1.

Article 26 Training of general practitioners

1. Admission to general medical training shall be contingent on the completion and validation of six years of study as part of a training programme referred to in Article 22.

2. The training of general practitioners leading to the award of evidence of formal qualifications issued before 1 January 2006 shall be of a duration of at least two years on a full-time basis. In the case of certificates of training issued after that date, the training shall be of a duration of at least three years on a full-time basis.

Where the training programme referred to in Article 22 comprises practical training given by an approved hospital possessing appropriate general medical equipment and services or as part of an approved general medical practice or an approved centre in which doctors provide primary medical care, the duration of that practical training may, up to a maximum of one year, be included in the duration provided for in the first subparagraph for certificates of training issued on or after 1 January 2006.

The option provided for in the second subparagraph is only available for Member States in which the training of general practitioners lasted two years as of 1 January 2001.

3. The training of general practitioners shall be carried out on a full-time basis, under the supervision of the competent authorities or bodies. It shall be more practical than theoretical.

The practical training shall be given, on the one hand, for at least six months in an approved hospital possessing appropriate equipment and services and, on the other hand, for at least six months as part of an approved general medical practice or an approved centre at which doctors provide primary health care.

The practical training shall take place in conjunction with other health establishments or structures concerned with general medicine. Without prejudice to the minimum periods laid down in the second subparagraph, however, the practical training may be given during a period of not more than six months in other approved establishments or health structures concerned with general medicine.

The training shall require the personal participation of the trainee in the professional activity and responsibilities of the persons with whom he is working.

4. By way of exception, Member States may authorise specific courses of general medical training on a part-time basis, of a level qualitatively equivalent to full-time training, insofar as the following conditions are met:

a) the fact that the training is followed on a part-time basis does not reduce the total duration of the training;

b) the weekly duration of part-time training is not less than half of the weekly duration of full-time training;

c) part-time training includes a certain number of periods of full-time training, both for the part given in a hospital environment and the part given in an approved general medical practice or an approved centre in which doctors provide primary health care. The number and duration of these periods of full-time training must be such as to provide adequate preparation for the practice of general medicine.

5. Member States shall make the issuance of evidence of general medical training subject to possession of one of the certificates of general medical training referred to in Annex V, point 5.1.2.

6. Member States may issue certificates of training referred to in Annex V, point 5.1.5 to a doctor who has not completed the training provided for in this Article but who has completed a different, supplementary training, as attested by evidence of formal training issued by the competent authorities in a Member State. They may not, however, award evidence of formal training unless it attests knowledge of a level equivalent to the knowledge acquired from the training provided for in this Article.

Member States shall determine, inter alia, the extent to which the complementary training and professional experience already acquired by the applicant may replace the training provided for in this Article.

The Member States may only issue the evidence of formal training referred to in Annex V, point 5.1.5 if the applicant has acquired at least six months' experience of general medicine in a general medical practice or a centre in which doctors provide primary health care of the types referred to in paragraph 3 of this Article.

Article 27 Pursuit of the professional activities of general practitioners

Each Member State shall, subject to the provisions relating to acquired rights, make the pursuit of the activities of a general practitioner in the framework of its national social security system contingent upon possession of evidence of formal training referred to in Annex V, point 5.1.5.

Member States may exempt persons who are currently undergoing specific training in general medicine from this condition.

Article 28 Acquired rights specific to general practitioners

1. Each Member State shall determine the acquired rights. It shall, however, confer as an acquired right the right to perform the activities of a general practitioner in the framework of its national social security system, without the evidence of formal qualifications referred to in Annex V, point 5.1.5, on all doctors who enjoy this right as of the reference date stated in that point by virtue of provisions applicable to the medical profession giving access to the professional activities of general practitioner and who are established as of that date on its territory, having benefited from the provisions of Article 20 or Article 21.

The competent authorities of each Member State shall, on demand, issue a certificate stating the holder's right to pursue the activities of general practitioner in the framework of their national social security systems, without the evidence of formal qualifications referred to in Annex V, point 5.1.5, to doctors who enjoy acquired rights pursuant to the first subparagraph.

2. Every Member State shall recognise the certificates referred to in paragraph 1, second subparagraph, awarded to nationals of Member States by the other Member States, and shall give such evidence the same effect on its territory as evidence of formal training which it awards and which permit the pursuit of the activities of a general practitioner in the framework of its national social security system.

Section 3 Nurses responsible for general care

Article 29 Training of nurses responsible for general care

1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 10 years, as attested by a diploma. certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.

2. Training of nurses responsible for general care shall be given on a full-time basis and shall include at least the programme described in Annex V, point 5.2.2.

The content listed in Annex V, point 5.2.2 may be amended in accordance with the procedure referred to in Article 54(2) with a view to adapting it to scientific and technical progress.

Such updates may not entail, for any Member State, any amendment of its existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.

3. The training of nurses responsible for general care shall comprise at least three years of study or 4 600 hours of theoretical and clinical training, the duration of the theoretical training representing at least one-third and the duration of the clinical training at least one-half of the minimum duration of the training. Member States may grant partial exemptions to persons who have received part of their training on courses which are of at least an equivalent level.

The Member States shall ensure that institutions providing nurse training are responsible for the coordination of theoretical and clinical training throughout the entire study programme.

By way of exception, the Member States may authorise part-time training under conditions allowed by the competent national authorities. The total duration of part-time training may not be less than that of full-time training, and the level of training may not be compromised by the fact that it is given on a part-time basis.

4. Theoretical training is that part of nurse training from which trainee nurses acquire the professional knowledge, insights and aptitudes necessary for organising, dispensing and evaluating overall health care. The training shall be given by teachers of nursing care and by other competent persons, in nursing schools and other training establishments selected by the training institution.

5. Clinical training is that part of nurse training in which trainee nurses learn, as part of a team and in direct contact with a healthy or sick individual and/or community, to organise, dispense and evaluate the required comprehensive nursing care, on the basis of the knowledge and aptitudes which they have acquired. The trainee nurse shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within the health institute or in the community.

This training shall take place in hospitals and other health institutions and in the community, under the responsibility of nursing teachers, in cooperation with and assisted by other qualified nurses. Other qualified personnel may also take part in the teaching process.

Trainee nurses shall participate in the activities of the department in question insofar as those activities are appropriate to their training, enabling them to learn to assume the responsibilities involved in nursing care.

Article 30 Performance of the professional activities of nurses responsible for general care

For the purposes of this Directive, the professional activities of nurses responsible for general care are the activities performed on a professional basis and referred to in Annex V, point 5.2.3.

Article 31 Acquired rights specific to nurses responsible for general care

Where the general rules of acquired rights apply to nurses responsible for general care, the activities referred to in Article 21 must have included full responsibility for the planning, organisation and administration of nursing care delivered to the patient.

Section 4 Dental practitioners

Article 32 Dental training

1. Admission to training as a dental practitioner presupposes possession of a diploma or certificate giving access, for the studies in question, to universities or higher institutes of a level recognised as equivalent, in a Member State.

2. Dental training shall comprise a total of at least five years of full-time theoretical and practical study, comprising at least the programme described in Annex 5.3.2 and given in a university, in a higher institute providing training recognised as being of an equivalent level or under the supervision of a university.

The content listed in Annex V, point 5.3.2 may be amended in accordance with the procedure referred to in Article 54(2) with a view to adapting it to scientific and technical progress.

Such updates may not entail, for any Member State, any amendment of its existing legislative principles relating to the system of professions as regards training and the conditions of access by natural persons.

Article 33 Performance of the professional activities of dental practitioners

1. For the purposes of this Directive, the professional activities of dental practitioners are the activities defined in paragraph 3 and pursued under the professional qualifications listed in Annex V, point 5.3.3.

2. The profession of dental practitioner is based on dental training referred to in Article 32 and shall constitute a specific profession which is distinct from other general or specialised medical professions. Pursuit of the activities of a dental practitioner requires the possession of evidence of formal qualifications referred to in Annex V, point 5.3.3. Holders of such evidence of formal qualifications shall be treated in the same way as those to whom Articles 21 or 34.

3. The Member States shall ensure that dental practitioners are generally able to gain access to and pursue the activities of prevention, diagnosis and treatment of anomalies and diseases affecting the teeth, mouth, jaws and adjoining tissue, having due regard to the regulatory provisions and rules of professional ethics on the reference dates referred to in Annex V, point 5.3.3.

Article 34 Acquired rights specific to dental practitioners

1. Every Member State shall, for the purposes of the pursuit of the professional activities of dental practitioners under the qualifications listed in Annex V, point 5.3.3, recognise evidence of medical training issued in Italy, Spain and Austria to persons who began their medical training on or before the reference date stated in that Annex for the Member State concerned, accompanied by a certificate issued by the competent authorities of that Member State.

The certificate must show that the two following conditions are met:

a) that the persons in question have been effectively, lawfully and principally engaged in that Member State in the activities referred to in Article 33 for at least three consecutive years during the five years preceding the award of the certificate,

b) that those persons are authorised to pursue the said activities under the same conditions as holders of evidence of formal qualifications listed for that Member State in Annex V, point 5.3.3.

Persons who have successfully completed at least three years of study, certified by the competent authorities in the Member State concerned as being equivalent to the training referred to in Article 32, shall be exempted from the three-year practical work experience referred to in the second indent, point a).

2. Each Member State shall recognise evidence of medical training issued in Italy to persons who began their university medical training after 28 January 1980 and no later than 31 December 1984, accompanied by a certificate issued by the competent Italian authorities.

The certificate must show that the three following conditions are met:

a) that the persons in questions passed the relevant aptitude test held by the competent Italian authorities with a view to establishing that those persons possess a level of knowledge and aptitudes comparable to that of persons possessing evidence of formal qualifications listed for Italy in Annex V, point 5.3.3,

b) that they have been effectively, lawfully and principally engaged in the activities referred to in Article 33 in Italy for at least three consecutive years during the five years preceding the award of the certificate,

c) that they are authorised to engage in or are effectively, lawfully and principally engaged in the activities referred to in Article 33, under the same conditions as the holders of evidence of formal training listed for Italy in Annex V, point 5.3.3.

Persons who have successfully completed at least three years of study certified by the competent authorities as being equivalent to the training referred to in Article 32 shall be exempt from the aptitude test referred to in the second subparagraph, point a).

3. Every Member State which applies relevant legislative, regulatory or administrative provisions shall accept evidence of dental training issued by the other Member States and referred to in Annex VI, point 6.2 as sufficient proof, insofar as they attest a course of training which began before the reference date referred to in that Annex and if they are accompanied by a certificate stating that the holder has been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years previous to the date of issue of the attestation.

The same provisions shall apply to evidence of formal training as a specialised dental practitioner acquired in the territory of the former German Democratic Republic, insofar as they attest a course of training which began before 3 October 1989 and confer on the holder the right to pursue the professional activities throughout German territory under the same conditions as evidence of formal training issued by the competent German authorities referred to in Annex VI, point 6.2.

4. Every Member State which applies relevant legislative, regulatory or administrative provisions shall accept evidence of dental training referred to in Annex VI, point 6.2, awarded by the Member States listed therein and which attests a course of training which began after the reference date referred to in that Annex and before the deadline laid down in Article 58, and shall, for the purposes of access to the professional activities of specialised dental practitioners and the performance of those activities, give such evidence the same effect on its territory as the evidence of training which it itself issues.

Section 5 Veterinary surgeons

Article 35 The training of veterinary surgeons

1. The training of veterinary surgeons shall comprise a total of at least five years of full-time theoretical and practical study at a university or at a higher institute providing training recognised as being of an equivalent level, or under the supervision of a university, covering at least the study programme referred to in Annex V, point 5.4.2.

The content listed in Annex V, point 5.4.2 may be amended in accordance with the procedure referred to in Article 54(2) with a view to adapting it to scientific and technical progress.

Such updates may not entail, for any Member State, any amendment of its existing legislative principles relating to the structure of professions as regards training and conditions of access by natural persons.

2. Admission to veterinary training shall be contingent upon possession of a diploma or certificate entitling the holder to enter, for the studies in question, university establishments or institutes of higher education recognised by a Member State to be of an equivalent level for the purpose of the relevant study.

Section 6 Midwives

Article 36 The training of midwives

1. The training of midwives shall comprise a total of at least:

a) specific full-time training as a midwife comprising at least three years of theoretical and practical study (route I) comprising at least the programme described in Annex V, point 5.5.2, or

b) specific full-time training as a midwife of 18 months' duration (route II) comprising at least the study programme described in Annex V, point 5.5.2, which was not the subject of equivalent training of nurses responsible for general care.

The Member States shall ensure that institutions providing midwife training are responsible for coordinating theory and practice throughout the programme of study.

The content listed in Annex V, point 5.5.2 may be amended in accordance with the procedure referred to in Article 54(2) with a view to adapting it to scientific and technical progress.

Such updates must not entail, for any Member State, any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.

2. Access to training as a midwife shall be contingent upon one of the following conditions:

a) completion of at least the first ten years of general school education for route I, or

b) possession of evidence of formal qualifications as a nurse responsible for general care referred to in Annex V, point 5.2.3 for route II.

3. By way of exception, the Member States may authorise part-time training, under the conditions allowed by the competent national authorities. The total duration of part-time training may not be less than that of full-time training, and the level of training may not be compromised by its part-time character.

Article 37 Procedures for the recognition of evidence of formal qualifications as a midwife

1. The certificates of training as a midwife referred to in Annex V, point 5.5.4 shall be subject to automatic recognition pursuant to Article 20 insofar as they satisfy one of the following criteria:

a) Full-time training of at least three years as a midwife:

i) either made contingent upon possession of a diploma, certificate or other evidence of qualification giving access to universities or higher education institutes, or otherwise guaranteeing an equivalent level of knowledge; or

ii) is followed by a two-year practical work experience for which a certificate has been issued in accordance with paragraph 2.

b) Full-time training as a midwife of at least two years or 3 600 hours, contingent upon possession of evidence of formal training as a nurse responsible for general care referred to in Annex V, point 5.2.3.

c) Full-time training as a midwife of at least 18 months or 3 000 hours, contingent upon possession of evidence of formal training as a nurse responsible for general care referred to in Annex V, point 5.2.3 and followed by one year's professional practice for which a certificate has been issued in accordance with paragraph 2.

2. The certificate referred to in paragraph 1 shall be issued by the competent authorities in the home Member State. It shall certify that the holder, after obtaining evidence of formal training as a midwife, has satisfactorily performed all the activities of a midwife for a corresponding period in a hospital or a health care establishment approved for that purpose.

Article 38 Pursuit of the professional activities of a midwife

1. The provisions of this sub-section shall apply to the activities of midwives as defined by each Member State, without prejudice to paragraph 2, and pursued under the professional qualifications set out in Annex V, point 5.5.4.

2. The Member States shall ensure that midwives are able to gain access to and pursue at least the activities listed in Annex V, point 5.5.3.

Article 39 Acquired rights specific to midwives

1. Every Member State shall, in the case of nationals of Member States whose evidence of formal qualifications as a midwife satisfies all the minimum training requirements laid down in Article 36 but which, by virtue of Article 37, is not recognised unless it is accompanied by a certificate of practical work experience referred to in Article 37(2), recognise as sufficient proof certificates of training issued by those Member States before the reference date referred to in Annex V, point 5.5.4, accompanied by a certificate stating that those nationals have been effectively and lawfully engaged in the activities in question for at least two consecutive years during the five years preceding the award of the certificate.

2. The conditions laid down in paragraph 1 shall apply to the nationals of Member States whose evidence of formal training as a midwife certifies completion of training received in the territory of the former German Democratic Republic and which satisfies all the minimum training requirements laid down in Article 36 but which, by virtue of Article 37, must not be recognised unless they are accompanied by the attestation of professional experience referred to in Article 37(2), insofar as they attest a course of training which began before 3 October 1989.

Section 7 Pharmacist

Article 40 Training as a pharmacist

1. Admission to a course of training as a pharmacist shall be contingent upon possession of a diploma or certificate giving access, in a Member State, to the studies in question, at universities or higher institutes of a level recognised as equivalent.

2. Evidence of formal qualifications as a pharmacist attesting training of at least five years' duration, including at least:

a) four years of full-time theoretical and practical training at a university or at a higher institute of a level recognised as equivalent, or under the supervision of a university;

b) six-month traineeship in a pharmacy which is open to the public or in a hospital, under the supervision of that hospital's pharmaceutical department.

That training cycle shall include at least the programme described in Annex V, point 5.6.2.

The contents listed in Annex V, point 5.6.2 may be amended in accordance with the procedure referred to in Article 54(2) with a view to adapting them to scientific and technical progress.

Such updates must not entail, for any Member State, any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.

Article 41 Pursuit of the professional activities of a pharmacist

1. For the purposes of this Directive, the activities of a pharmacist are those, access to which and pursuit of which are contingent, in one or more Member States, upon professional qualifications and which are open to holders of evidence of formal training of the types listed in Annex V, point 5.6.4.

2. The Member States shall ensure that the holders of evidence of university training in pharmacy or of a level deemed to be equivalent, which satisfies the provisions of Article 40, are able to gain access to and pursue at least the activities listed in Annex V, point 5.6.3, subject to the requirement, where appropriate, of supplementary professional experience.

3. If a Member State makes access to or pursuit of one of the activities of a pharmacist contingent upon supplementary professional experience, in addition to possession of evidence of formal qualifications referred to in Annex V, point 5.6.4, that Member State shall recognise as sufficient proof in this regard a certificate issued by the competent authorities in the home Member State stating that the person concerned has been engaged in those activities in the home Member State for a similar period.

4. If, on 16 September 1985, a Member State has a competitive examination in place designed to select from among the holders referred to in paragraph 1, those who are to be authorised to become owners of new pharmacies whose creation has been decided on as part of a national system of geographical division, that Member State may, by way of derogation from paragraph 1, proceed with that examination and require nationals of Member States who possess evidence of formal qualifications as a pharmacist referred to in Annex V, point 5.6.4 or who benefit from the provisions of Article 21 to take part in it.

Section 8 Architect

Article 42 Training of architects

1. Training as an architect shall comprise a total of at least four years of full-time study or six years of study, at least three years of which on a full-time basis, at a university or comparable teaching institution. The training must lead to successful completion of a university-level examination.

That training, which must be of university level, and of which architecture is the principal component, must maintain a balance between theoretical and practical aspects of architectural training and guarantee the acquisition of the knowledge and aptitudes listed in Annex V, point 5.7.1.

2. The knowledge and aptitudes listed in Annex v, point 5.7.1 may be amended in accordance with the procedure referred to in Article 54(2) with a view to adapting them to scientific and technical progress.

Such updates must not entail, for any Member State, any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.

Article 43 Derogations from the conditions for the training of architects

1. By way of derogation from Article 42, the following shall also be recognised as satisfying Article 20: training existing as of 5 August 1985, provided by "Fachhochschulen" in the Federal Republic of Germany over a period of three years, satisfying the requirements referred to in Article 42 and giving access to the activities referred to in Article 44 in that Member State under the professional title of "architect", insofar as the training was followed by a four-year period of professional experience in the Federal Republic of Germany, as attested by a certificate issued by the professional association in whose roll the name of the architect wishing to benefit from the provisions of this Directive appears.

The professional association must first ascertain that the work performed by the architect concerned in the field of architecture represents convincing application of the full range of knowledge and aptitudes listed in Annex V, point 5.7.1. That certificate shall be awarded in line with the same procedure as that applying to registration in the professional association's roll.

2. By way of derogation from Article 42, the following shall also be recognised as satisfying Article 20: training as part of social promotion schemes or part-time university studies, training which satisfies the requirements referred to in Article 42, as attested by an examination in architecture passed by a person who has been working for six years or more in the field of architecture under the supervision of an architect or architectural bureau. The examination must be of university level and be equivalent to the final examination referred to in Article 42(1), subparagraph 1.

Article 44 Performance of the professional activities of architects

1. For the purposes of this Directive, the professional activities of an architect are the activities regularly carried out under the professional title of "architect".

2. Nationals of a Member State who are authorised to use that title pursuant to a law which gives the competent authority of a Member State the power to award that title to nationals of Member States who are especially distinguished by the quality of their work in the field of architecture shall be deemed to satisfy the conditions required for the pursuit of the activities of an architect, in the professional capacity of an architect. The architectural qualifications of the persons concerned shall be attested by a certificate awarded by their home Member State.

Article 45 Acquired rights specific to architects

1. Each Member State shall accept certificates of training as an architect listed in Annex VI, point 6.3, awarded by the other Member States, and attesting a course of training which began no later than the academic reference year referred to in the above-mentioned Annex, even if they do not satisfy the minimum requirements laid down in Article 42, and shall, for the purposes of access to and pursuit of the professional activities of an architect, give such evidence the same effect on its territory as certificates of training as an architect which it itself issues.

Under these circumstances, certificates issued by the competent authorities of the Federal Republic of Germany attesting that evidence of formal qualifications issued on or after 8 May 1945 by the competent authorities of the German Democratic Republic is equivalent to such evidence listed in the said Annex, shall be recognised.

2. Without prejudice to paragraph 1, every Member State shall recognise the following evidence of formal training and shall, for the purposes of access to and pursuit of the professional activities of an architect performed, give them the same effect on its territory as evidence of formal training which it itself issues: certificates issued to nationals of Member States by the Member States which have enacted regulations governing the access to and pursuit of the activities of an architect as of the following dates:

- 1 January 1995 for Austria, Finland and Sweden

- 5 August 1987 for the other Member States,

The certificates referred to in paragraph 1 shall certify that the holder was authorised, no later than the respective date, to use the professional title of architect, and that he has been effectively engaged, in the context of this legislation, in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.

Chapter IV Common provisions on establishment

Article 46 Documentation and formalities

1. Where the competent authorities of the host Member State decide on an application to pursue the regulated profession in question by virtue of this Title, those authorities may demand the documents and certificates listed in Annex VII.

The documents referred to in Annex VII, point 1, shall not be more than three months old by the date on which they are submitted.

The Member States, bodies and other legal persons shall guarantee the confidentiality of the information which they receive.

2. The host Member State may, if it knows of any serious, specific circumstances which have arisen prior to that person's establishment in that Member State outside its territory, and which are liable to have consequences in that Member State for the pursuit of the activities in question, inform the home Member State accordingly.

The home Member State shall examine the veracity of the circumstances and its authorities shall decide on the nature and scope of the investigations which need to be carried out and shall inform the host Member State of the conclusions which it draws from the information available to it.

3. Where a host Member State requires its nationals to swear a solemn oath or make a sworn statement in order to gain access to a regulated profession, and where the wording of that oath or statement cannot be used by nationals of the other Member States, the host Member State shall ensure that the persons concerned can use an appropriate equivalent wording.

Article 47 Procedure for the mutual recognition of professional qualifications

1. The competent authority of the host Member State shall acknowledge receipt of the application within one month of receipt and inform the applicant of any missing document.

2. The procedure for examining an application to practise a regulated profession must be completed as quickly as possible and lead to a duly substantiated decision by the competent authority in the host Member Stateno later than three months after the date on which the applicant's complete file was submitted.

3. The decision, or failure to reach a decision within the deadline, shall be subject to appeal under national law.

Article 48 Use of professional titles

1. If, in a host Member State, the use of a professional title relating to one of the activities of the profession in question is regulated, nationals of the other Member States who are authorised to practise a regulated profession on the basis of Title III shall use the professional qualification of the host Member State, which corresponds to that profession in that Member State, and make use of any associated initials.

If, however, pursuant to Article 4(3), access to a profession in the host Member State is partial, that Member State may add a reference to that effect to the professional qualification.

2. Where a profession is regulated in the host Member State by an association or organisation listed in Annex I, nationals of Member States shall not be authorised to use the professional title issued by that organisation or association, or its abbreviated form, unless they furnish proof that they are members of that association or organisation.

If the association or organisation makes membership contingent upon certain qualifications, it may only do so in respect of nationals of other Member States who possess professional qualifications within the meaning of Article 3, second indent, under the conditions laid down in this Directive.

Article 49 Knowledge of languages

1. Persons benefiting from the recognition of professional qualifications shall have a knowledge of languages necessary for practising the profession in the host Member State.

2. The Member States shall ensure that, where appropriate, the beneficiaries acquire the language knowledge necessary for performing their professional activity in the host Member State.

Title IV Detailed rules for pursuing the profession

Article 50 Use of titles

Without prejudice to Articles 5(3) and 48, the host Member State shall ensure that the right shall be conferred on the persons concerned to use titles conferred on them in the home Member State, and possibly an abbreviated form thereof, in the language of that Member State. The host Member State may require that title to be followed by the name and address of the establishment or examining board which awarded it.

Where a qualification issued by the home Member State is liable to be confused in the host Member State with a qualification which, in the latter Member State, requires supplementary training not acquired by the beneficiary, the host Member State may require the beneficiary to use the title acquired in the home Member State in an appropriate form, to be laid down by the host Member State.

Article 51 Approval by health insurance funds

Without prejudice to Articles 5.1 and 6, subparagraph 1, point b), Member States which require persons who acquired their professional qualifications in their territory to complete a preparatory period of in-service training and/or a period of professional experience in order to be approved by a health insurance fund, shall waive this obligation for the holders of evidence of professional qualifications acquired in other Member States.

Title V Administrative cooperation and responsibility for implementation

Article 52 Competent authorities

1. The competent authorities of the host Member State and of the home Member State shall work in close collaboration and shall provide mutual assistance in order to facilitate application of this Directive. They shall ensure the confidentiality of the information which they exchange.

2. Every Member State shall, no later than the deadline laid down in Article 54, designate the authorities and bodies competent to award or receive certificates of training and other documents or information, and those competent to receive applications and take the decisions referred to in this Directive, and shall inform the other Member States and the Commission thereof immediately.

3. Every Member State shall designate a coordinator for the activities of the authorities referred to in paragraph 1 and shall inform the other Member States and the Commission thereof.

The coordinators' remit shall be:

a) to promote uniform application of this Directive;

b) to collect all the information which is relevant for application of this Directive, such as on the conditions for access to regulated professions in the Member States.

For the purpose of fulfilling the remit described in subparagraph 2, point b), the coordinators may solicit the help of the contact points referred to in Article 53.

Article 53 Contact points

Each Member State shall designate, no later than the deadline laid down in Article 58, a contact point whose remit shall be:

a) to provide the citizens and contact points of the other Member States with such information as is necessary concerning the recognition of professional qualifications provided for in this Directive, such as information on the national legislation governing the professions and the practice of those professions, including social legislation, and, where appropriate, the rules of ethics;

b) to assist citizens in realising the rights conferred on them by this Directive, in cooperation, where appropriate, with the other contact points and the competent authorities in the host Member State.

The contact points shall inform the Commission of the enquiries with which they are dealing pursuant to the provisions of the first subparagraph, point b) within two months of receiving them.

Article 54 Committee on the recognition of professional qualifications

1. The Commission shall be assisted by a Committee on the recognition of professional qualifications, referred to hereafter as "the Committee", comprising representatives of the Member States and chaired by the representative of the Commission.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having due regard to the provisions of Article 8 of that Decision.

The period provided for in Article 5(6) of Decision 1999/468/EC is fixed at two months.

3. The Committee may be asked to give its opinion on any other matter relating to implementation of this Directive.

4. The Committee shall adopt its rules of procedure.

Title VI Other provisions

Article 55 Reports

As from the deadline laid down in Article 58, the Member States shall, every two years, send a report to the Commission on the application of the system. In addition to general observations, the report shall contain a statistical summary of decisions taken and a description of the main problems arising from the application of the Directive.

Article 56 Derogation clause

If, for the application of one of the provisions of this Directive, a Member State encounters major difficulties in a particular area, the Commission shall examine those difficulties in collaboration with the Member State concerned.

Where appropriate, the Commission shall decide, in accordance with the procedure referred to in Article 54(2), to permit the Member State in question to derogate from the provision in question for a limited period.

Article 57 Abrogation

Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC, 89/48/EEC, 92/51/EEC, 93/16/EEC and 99/42/EEC are repealed with effect from the date laid down in Article 58.

References to repealed the Directives shall be understood as references to this Directive

Article 58 Transposition

The Member States shall implement the legislative, regulatory and administrative provisions necessary to comply with this Directive by [two years from the publication in the OJ] at the latest. They shall inform the Commission thereof immediately.

When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 59 Entry into force

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.

Article 60

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX I List of professional associations or organisations fulfilling the conditions of Article 3(2)

IRELAND [47]

[47] Irish nationals are also members of the following associations or organisations in the United Kingdom:

1. The Institute of Chartered Accountants in Ireland [48] 2. The Institute of Certified Public Accountants in Ireland48 3. The Association of Certified Accountants48 4. Institution of Engineers of Ireland 5. Irish Planning Institute

[48] Only for the activity of auditing accounts.

UNITED KINGDOM

1. Institute of Chartered Accountants in England and Wales

2. Institute of Chartered Accountants of Scotland

3. Institute of Chartered Accountants in Ireland

4. Chartered Association of Certified Accountants

5. Chartered Institute of Loss Adjusters

6. Chartered Institute of Management Accountants

7. Institute of Chartered Secretaries and Administrators

8. Chartered Insurance Institute

9. Institute of Actuaries

10. Faculty of Actuaries

11. Chartered Institute of Bankers

12. Institute of Bankers in Scotland

13. Royal Institution of Chartered Surveyors

14. Royal Town Planning Institute

15. Chartered Society of Physiotherapy

16. Royal Society of Chemistry

17. British Psychological Society

18. Library Association

19. Institute of Chartered Foresters // 20. Chartered Institute of Building

21. Engineering Council

22. Institute of Energy

23. Institution of Structural Engineers

24. Institution of Civil Engineers

25. Institution of Mining Engineers

26. Institution of Mining and Metallurgy

27. Institution of Electrical Engineers

28. Institution of Gas Engineers

29. Institution of Mechanical Engineers

30. Institution of Chemical Engineers

31. Institution of Production Engineers

32. Institution of Marine Engineers

33. Royal Institution of Naval Architects

34. Royal Aeronautical Society

35. Institute of Metals

36. Chartered Institution of Building Services Engineers

37. Institute of Measurement and Control

38. British Computer Society

ANNEX II List of courses having a special structure referred to in point (a) of the second subparagraph of Article 11(4)

1. Paramedical and childcare training courses

Training for the following :

in Germany :

- paediatric nurse ("Kinderkrankenschwester/Kinderkrankenpfleger")

- physiotherapist ("Krankengymnast(in)/Physiotherapeut(in)") [49]

[49] As from 1 June 1994, the professional title "Krankengymnast(in)" will be replaced by that of "Physiotherapeut(in)". Nevertheless, the members of the profession who obtained their diplomas before this date may, if they wish, continue to use the former title of "Krankengymnast(in)".

- occupational therapist ("Beschaeftigungs- und Arbeitstherapeut(in)")

- speech therapist ("Logopaede/Logopaedin")

- orthoptist ("Orthoptist(in)")

- State-recognized childcare worker ("Staatlich anerkannte(r) Erzieher(in)")

- State-recognized remedial teacher ("Staatlich anerkannte(r) Heilpaedagoge(-in)")

- medical laboratory technician ("medizinisch-technische(r) Laboratoriums- Assistent(in)")

- medical X-ray techician ("medizinisch-technische(r) Radiologie-Assistent(in)")

- medical functional diagnostics technician ("medizinisch-technische(r) Assistent(in) fuer Funktionsdiagnostik")

- veterinary technician ("veterinaermedizinisch-technische(r) Assistent(in)")

- dietitian ("Diaetassistent(in)")

- pharmacy technician ("Pharmazieingenieur") received prior to 31 March 1994 in the former German Democratic Republic or in the territory of the new Laender

- psychiatric nurse ("Psychiatrische(r) Krankenschwester/Krankenpfleger")

- speech therapist ("Sprachtherapeut(in)")

in Italy :

- dental technician ("odontotecnico")

- optician ("ottico")

- chiropodist ("podologo")

in Luxembourg :

- medical X-ray technician ("assistant(e) technique médical(e) en radiologie")

- medical laboratory technician ("assistant(e) technique médical(e) de laboratoire")

- psychiatric nurse ("infirmier/ière psychiatrique")

- medical technician - surgery ("assistant(e) technique médical(e) en chirurgie")

- paediatric nurse ("infirmier/ière puériculteur/trice")

- nurse - anaesthetics ("infirmier/ière anesthésiste")

- qualified masseur/masseuse ("masseur/euse diplômé(e)")

- childcare worker ("éducateur/trice")

in the Netherlands :

- veterinary assistant ("dierenartassistent")

which represent education and training courses of a total duration of at least thirteen years, comprising :

(i) either at least three years of vocational training in a specialized school culminating in an examination, in some cases supplemented by a one or two-year specialization course culminating in an examination

(ii) or at least two and a half years of vocational training in a specialized school culminating in an examination and supplemented by work experience of at least six months or by a traineeship of at least six months in an approved establishment

(iii) or at least two years of vocational training in a specialized school culminating in an examination and supplemented by work experience of at least one year or by a traineeship of at least one year in an approved establishment

(iv) or in the case of the veterinary assistant ("dierenartassisten") in the Netherlands three years of vocational training in a specialized school ("MBO"-scheme) or alternatively three years of vocational training in the dual apprenticeship system ("LLW"), both of which culminate in an examination.

In Austria :

- special basic training for nurses specialising in the care of children and young people ("spezielle Grundausbildung in der Kinder- und Jugendlichenpflege")

- special basic training for psychiatric nurses ("spezielle Grundausbildung in der psychiatrischen Gesundheits- und Krankenpflege")

- contact lens optician ("Kontaktlinsenoptiker")

- pedicurist ("Fusspfleger")

- acoustic-aid technician ("Hoergeraeteakustiker")

- druggist ("Drogist")

which represent education and training courses of a total duration of at least fourteen years, including at least five years' training followed within a structured training framework, divided into an apprenticeship of at least three years' duration, comprising training partly received in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training, culminating in a professional examination conferring the right to exercise the profession and to train apprentices.

- masseur ("Masseur")

which represents education and training courses of a total duration of fourteen years, including five years' training within a structured training framework, comprising an apprenticeship of two years' duration, a period of professional practice and training of two years' duration and a training course of one year culminating in a professional examination conferring the rights to exercise the profession and to train apprentices.

- kindergarten worker ("Kindergaertner/in")

- child care worker ("Erzieher")

which represent education and training courses of a total duration of thirteen years, including five years of professional training in a specialized school, culminating in an examination.

2. Master craftsman sector ("Mester/Meister/Maître"), which represents education and training courses concerning skills not covered by the Directives listed in Annex A

Training for the following :

in Denmark :

- optician ("optometrist")

this course is of a total duration of 14 years, including five years' vocational training divided into two and a half years' theoretical training provided by the vocational training establishment and two and a half years' practical training received in the workplace, and culminating in a recognized examination relating to the craft and conferring the right to use the title "Mester".

- orthopaedic technician ("ortopaedimekaniker")

this course is of a total duration of 12,5 years, including three and a half years' vocational training divided into six months' theoretical training provided by the vocational training establishment and three years' practical training received in the workplace, and culminating in a recognized examination relating to the craft and conferring the right to use the title "Mester".

- orthopaedic boot and shoemaker ("orthopaediskomager")

this course is of a total duration of 13,5 years, including four and a half years' vocational training divided into two years' theoretical training provided by the vocational training establishment and two and a half years' practical training received in the workplace, and culminating in a recognized examination relating to the craft and conferring the right to use the title "Mester".

in Germany :

- optician ("Augenoptiker")

- dental technician ("Zahntechniker")

- surgical truss maker ("Bandagist")

- hearing-aid maker ("Hoergeraeteakustiker")

- orthopaedic technician ("Orthopaediemechaniker")

- orthopaedic bootmaker ("Orthopaedieschuhmacher")

in Luxembourg :

- dispensing optician ("opticien")

- dental technician ("mécanicien dentaire")

- hearing-aid maker ("audioprothésiste")

- orthopaedic technician/surgical truss maker ("mécanicien orthopédiste/bandagiste")

- orthopaedic bootmaker ("orthopédiste-cordonnier")

these courses are of a total duration of 14 years, including at least five years' training followed within a structured training framework, partly received in the workplace and partly provided by the vocational training establishment, and culminating in an examination which must be passed in order to be able to practise any activity considered as skilled, either independently or as an employee with a comparable level of responsibility.

in Austria :

- surgical truss maker ("Bandagist")

- corset maker ("Miederwarenerzeuger")

- optician ("Optiker")

- orthopaedic shoemaker ("Orthopaedieschuhmacher")

- orthopaedic technician ("Orthopaedietechniker")

- dental technician ("Zahntechniker")

- gardener ("Gaertner")

which represent education and training of a total duration of at least fourteen years, including at least five years' training within a structured training framework, divided into apprenticeship of at least three years' duration, comprising training received partly in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training of at least two years' duration culminating in mastership examination conferring the rights to exercise the profession, to train apprentices and to use the title "Meister".

training for master craftsmen in the field of agriculture and forestry, namely :

- master in agriculture ("Meister in der Landwirtschaft")

- master in rural home economics ("Meister in der laendlichen Hauswirtschaft")

- master in horticulture ("Meister im Gartenbau")

- master in market gardening ("Meister im Feldgemüsebau")

- master in pomology and fruit-processing ("Meister im Obstbau und in der Obstverwertung")

- master in viniculture and wine-production ("Meister im Weinbau und in der Kellerwirtschaft")

- master in dairy farming ("Meister in der Molkerei- und Kaesereiwirtschaft")

- master in horse husbandry ("Meister in der Pferdewirtschaft")

- master in fishery ("Meister in der Fischereiwirtschaft")

- master in poultry farming ("Meister in der Geflügelwirtschaft")

- master in apiculture ("Meister in der Bienenwirtschaft")

- master in forestry ("Meister in der Forstwirtschaft")

- master in forestry plantation and forest management ("Meister in der Forstgarten- und Forstpflegewirtschaft")

- master in agricultural warehousing ("Meister in der landwirtschaftlichen Lagerhaltung")

which represent education and training of a total duration of at least fifteen years, including at least six years' training followed within a structured training framework divided into an apprenticeship of at least three years' duration, comprising training partly received in the workplace and partly provided by a vocational training establishment, and a period of three years of professional practice culminating in a mastership examination relating to the profession and conferring the rights to train aprentices and to use the title "Meister".

3. Seafaring sector

(a) transport

Training for the following :

in Denmark :

- ship's captain ("skibsfoerer")

- first mate ("overstyrmand")

- quartermaster, deck officer ("enestyrmand, vagthavende styrmand")

- deck officer ("vagthavende styrmand")

- engineer ("maskinchef")

- first engineer ("l. maskinmester")

- first engineer/duty engineer ("l. maskinmester/vagthavende maskinmester")

in Germany :

- captain, large coastal vessel ("Kapitaen AM")

- captain, coastal vessel ("Kapitaen AK")

- deck officer, large coastal vessel ("Nautischer Schiffsoffizier AMW")

- deck officer, coastal vessel ("Nautischer Schiffsoffizier AKW")

- chief engineer, grade C ("Schiffsbetriebstechniker CT - Leiter von Maschinenanlagen")

- ship's mechanic, grade C ("Schiffsmaschinist CMa -Leiter von Maschinenanlagen")

- ship's engineer, grade C ("Schiffsbetriebstechniker CTW")

- ship's mechanic, grade C - solo engineer officer ("Schiffsmaschinist CMaW - Technischer Alleinoffizier")

in Italy :

- deck officer ("ufficiale di coperta")

- engineer officer ("ufficiale di macchina")

in the Netherlands :

- first mate (coastal vessel) (with supplementary training) ("stuurman kleine handelsvaart (met aanvulling)")

- coaster engineer (with diploma) ("diploma motordrijver")

- VTS-official ("VTS-functionaris")

which represent training :

- in Denmark, of nine years' primary schooling followed by a course of basic training and/or service at sea of between 17 and 36 months, supplemented by :

- (i) the deck officer, one year of specialized vocational training

- (ii) for the others, three years of specialized vocational training.

- in Germany, of a total duration of between 14 and 18 years, including a three-year course of basic vocational training and one year's service at sea, followed by one or two years of specialized vocational training supplemented, where appropriate, by two year's work experience in navigation.

- in Italy, of a total duration of 13 years, of which at least five years consist of professional training culminating in an examination and are supplemented, where appropriate, by a traineeship.

- in the Netherlands :

(i) for first mate (coastal vessel) (with supplementary training) ("stuurman kleine handelsvaart (met aanvulling)"), and coaster engineer (with diploma) ("diploma motordrijver"), involving a course of 14 years, at least two years of which take place in a specialized vocational training establishment, supplemented by a twelve-month traineeship

(ii) for the VTS-official ("VTS-functionaris") of a total duration of at least 15 years, comprising at least three years of Higher Vocational Education ("HBO") or Intermediate Vocational Training ("MBO"), which are followed by national and regional specialization courses, comprising at least 12 weeks of theoretical training each and culminating each in an examination

and which are recognized under the International STCW Convention (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978).

(b) Sea fishing Training for the following :

in Germany :

- captain, deep-sea fishing ("Kapitaen BG/Fischerei")

- captain, coastal fishing ("Kapitaen BLK/Fischerei")

- deck officer, deep-sea vessel ("Nautischer Schiffsoffizier BGW/Fischerei")

- deck officer, coastal vessel ("Nautischer Schiffsoffizier BK/Fischerei")

- in the Netherlands :

- first mate/engineer V ("stuurman werktuigkundige V")

- engineer IV (fishing vessel) ("werktuigkundige IV visvaart")

- first mate IV (fishing vessel) ("stuurman IV visvaart")

- first mate/engineer VI ("stuurman werktuigkundige VI")

which represent training:

- in Germany, of a total duration of between 14 and 18 years, including a three-year course of basic vocational training and one year's service at sea, followed by one or two years of specialized vocation training supplemented, where appropriate, by two years' work experience in navigation

- in the Netherlands, involving a course varying in duration between 13 and 15 years, at latest two years of which are provided in a specialized vocational school, supplemented by a 12-month period of work experience

and are recognized under the Torremolinos Convention (1977 International Convention for the Safety of Fishing Vessels).

4. Technical sector

Training for the following :

in Italy :

- building surveyor ("geometra")

- land surveyor ("perito agrario")

which represent secondary technical courses of a total duration of at least 13 years, comprising eight years' compulsory schooling followed by five years' secondary study, including three years' vocational study, culminating in the Technical Baccalaureat examination, and supplemented :

(i) for building surveyors by: either a traineeship lasting at least two years in a professional office, or five years' work experience

(ii) for land surveyors, by the completion of a practical traineeship lasting at least two years

followed by the State Examination.

in the Netherlands :

- bailiff ("gerechtsdeurwaarder")

- dental-prosthesis maker ("tandprotheticus")

which represent a course of study and vocational training :

(i) in the case of the bailiff ("gerechtsdeurwaarder"), totalling 19 years, comprising eight years' compulsory schooling followed by eight years' secondary education including four years' technical education culminating in a State examination and supplemented by three years' theoretical and practical vocational training

(ii) in the case of the dental-prosthesis maker ("tandprotheticus") totalling at least 15 years of full time training and three years of part time training, comprising eight years of primary education, four years of general secondary education, completion of free years of vocational training, involving theoretical and practical training as a dental technician, supplemented by three years of part-time training as a dental prosthesis-maker, culminating in an examination.

in Austria :

- forester ("Foerster")

- technical consulting ("Technisches Buero")

- labour leasing ("UEberlassung von Arbeitskraeften - Arbeitsleihe")

- employment agent ("Arbeitsvermittlung")

- investment adviser ("Vermoegensberater")

- private investigator ("Berufsdetektiv")

- security guard ("Bewachungsgewerbe")

- real estate agent ("Immobilienmakler")

- real estate manager ("Immobilienverwalter")

- advertising and promotion agency ("Werbeagentur")

- building project organizer ("Bautraeger, Bauorganisator, Baubetreuer")

- debt-collecting institute ("Inkassoinstitut")

which represent education and training of a total duration of at least 15 years, comprising eight years' compulsory schooling followed by a minimum of five years' secondary technical or commercial study, culminating in a technical or commercial matura examination, supplemented by at least two years' workplace education and training culminating in a professional examination.

- insurance consultant ("Berater in Versicherungsangelegenheiten")

which represents education and training of a total duration of 15 years, including six years' training followed within a structured training framework, divided into an apprenticeship of three years' duration and a three-year period of professional practice and training, culminating in an examination.

- master builder/planning and technical calculation ("Planender Baumeister")

- master woodbuilder/planning and technical calculation ("Planender Zimmermeister")

which represent education and training of a total duration of at least 18 years, including at least nine year's vocational training divided into four years' secondary technical study and five years' professional practice and training culminating in a professional examination conferring the rights to exercise the profession and to train apprentices, in so far as this training relates to the right to plan buildings, to make technical calculations and to supervise construction work ("the Maria Theresian privilege").

5. United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications Training for :

- mine electrical engineer

- mine mechanical engineer

- dental therapist

- dental hygienist

- dispensing optician

- mine deputy

- insolvency practitioner

- licensed conveyancer

- first mate - freight/passenger ships - unrestricted

- second mate - freight/passenger ships - unrestricted

- third mate - freight passenger ships unrestricted

- deck officer - freight/passenger ships - unrestricted

- engineer officer - freight/passenger ships - unlimited trading area

- certified technically competent person in waste management

leading to qualifications accredited as National Vocational Qualifications (NVQs) or, in Scotland, accredited as Scottish Vocational Qualifications, at levels 3 and 4 of the United Kingdom National Framework of Vocational Qualifications.

These levels are defined as follows :

- Level 3: competence in a broad range of varied work activities performed in a wide variety of contexts and most of which are complex and non-routine. There is considerable responsibility and autonomy, and control or guidance of others in often required.

- Level 4: Competence in a broad range of complex technical or professional work activities performed in a wide variety of contexts and with a substantial degree of personal responsibility and autonomy. Responsibility for the work of others and the allocation of resources is often present.

ANNEX III List of regulated training referred to in point (b) of the second subparagraph of Article 11(4)

In the United Kingdom :

Regulated courses leading to qualifications accredited as National Vocational Qualifications (NVQs) or, in Scotland, accredited as Scottish Vocational Qualifications, at levels 3 and 4 of the United Kingdom National Framework of Vocational Qualifications.

These levels are defined as follows :

- Level 3: competence in a broad range of varied work activities performed in a wide variety of contexts and most of which are complex and non-routine. There is considerable responsibility and autonomy, and control or guidance of others is often required.

- Level 4: Competence in a broad range of complex technical or professional work activities performed in a wide variety of contexts and with a substantial degree of personal responsibility and autonomy. Responsibility for the work of others and the allocation of resources is often present.

In Germany :

The following regulated courses :

- Regulated courses preparatory to the pursuit of the professions of technical assistant ("technische(r) Assistent(in)"), commercial assistant ("kaufmännische(r) Assistent(in)"), social professions ("soziale Berufe") and the profession of state-certified respiration and elocution instructor ("staatlich geprüfte(r) Atem-, Sprech- und Stimmlehrer(in)"), of a total duration of at least 13 years, which require successful completion of the secondary course of education ("mittlerer Bildungsabschluss") and which comprise :

(i) at least three years [50] of vocational training at a specialized school ("Fachschule") culminating in an examination and, where applicable, supplemented by one-year or two-year specialization course also culminating in an examination

[50] The minimum duration may be reduced from three years to two years if the person concerned has the qualification required to enter university ("Abitur"), i.e. thirteen years of prior education and training, of the qualification needed to enter a "Fachhochschule" ("Fachhochschulreife"), i.e. 12 years of prior education and training.

(ii) or at least two and a half years at a specialized school ("Fachschule") culminating in an examination and supplemented by work experience of a duration of not less than six months or a traineeship of not less than six months in an approved establishment

(iii) or at least two years at a specialized school ("Fachschule") culminating in an examination and supplemented by work experience of a duration of not less than one year or a traineeship of not less than one year in an approved establishment.

- Regulated courses for the professions of state-certified ("staatlich geprüfte(r)") technician ("Techniker(in)"), business economist ("Betriebswirt(in)"), designer ("Gestalter(in)") and family assistant ("Familienpfleger(in)"), of a total duration of not less than 16 years, a prerequisite of which is successful completion of compulsory schooling or equivalent education and training (of a duration of not less than nine years) and successful completion of a course at a trade school ("Berufsschule") of a duration of not less than three years and comprising, upon completion of at least two years of work experience, full-time education and training of a duration of not less than two years or part-time education and training of equivalent duration.

- Regulated courses and regulated in-service training, of a total duration of not less than 15 years, a prerequisite of which is, generally speaking, successful completion of compulsory schooling (of a duration of not less than nine years) and of vocational training (normally three years) and which generally comprise at least two years of work experience (three years in most cases) and an examination in the context of in service training preparation for which generally comprises a training course which is either concurrent with the experience (at least 1 000 hours) or is attended on a full-time basis (at least one year).

The German authorities shall send to the Commission and to the other Member States a list of the training courses covered by this Annex.

In the Netherlands :

- Regulated training courses of a total duration of not less than 15 years, a prerequisite of which is successful completion of eight years of primary education plus four years of either intermediate general secondary education ("MAVO") or Preparatory Vocational Education ("VBO") or general secondary education of a higher level, and which require the completion of a three-year or four-year course at a college for intermediate vocational training ("MBO"), culminating in an examination.

- Regulated training courses of a total duration not less than 16 years, a prerequisite of which is successful completion of eight years of primary education plus four years of at least preparatory vocational education ("VBO") or a higher level of general secondary education, and which require the completion of at least four years of vocational training in the apprenticeship system, comprising at least one day of theoretical instruction at a college each week and on the other days practical training centre or in a firm, and culminating in a secondary or tertiary level examination.

The Dutch authorities shall send to the Commission and to the other Member States a list of the training courses covered by this Annex.

In Austria :

- Courses at higher vocational schools ("Berufsbildende Höhere Schulen") and higher education establishments for agriculture and forestry ("Höhere Land- und Forstwirtschaftliche Lehranstalten"), including special types ("einschließlich der Sonderformen"), the structure level of which are determined by law, regulations and administrative provisions.

These courses have a total length of not less than 13 years and comprise five years of vocational training, which culminate in a final examination, the passing of which is a proof of professional competence.

- Courses at master schools ("Meisterschulen"), master classes ("Meisterklassen"), industrial master schools ("Werkmeisterschulen") or building craftsmen schools ("Bauhandwerkerschulen"), the structure and level of which are determined by law, regulations and administrative provisions.

These courses have a total length of not less than 13 years, comprising nine years of compulsory education, followed by either at least three years of vocational training at a specialized school or at least three years of training in a firm and in parallel at a vocational training school ("Berufsschule"), both of which culminate in an examination, and are supplemented by successful completion of at least a one-year training course at a master school ("Meisterschule"), master classes ("Meisterklassen"), industrial master school ("Werkmeisterschule") or a building craftsmen school ("Bauhandwerkerschule"). In most cases the total duration is at least 15 years, comprising periods of work experience, which either precede the training courses at these establishments or are accompanied by part-time courses (at least 960 hours).

The Austrian authorities shall send to the Commission and to the other Member States a list of the training courses covered by this Annex.

ANNEX IV Activities related to the categories of professional experience referred to in Articles 17 and 18

List I

Classes covered by Directive 64/427/EEC, as amended by Directive 69/77/EEC, and by Directives

68/366/EEC, 75/368/EEC, 75/369/EEC, 82/470/EEC and 82/489/EEC

1

Directive 64/427/EEC

(liberalisation Directive: 64/429/EEC)

NICE nomenclature (corresponding to ISIC classes 23-40)

Major group 23 manufacture of textiles

232 manufacturing and processing of textile materials on woollen machinery

233 manufacturing and processing of textile materials on cotton machinery

234 manufacturing and processing of textile materials on silk machinery

235 manufacturing and processing of textile materials on flax and hemp machinery

236 other textile fibre industries (jute, hard fibres, etc.), cordage

237 manufacture of knitted and crocheted goods

238 textile finishing

239 other textile industries

Major group 24 manufacture of footwear, other wearing apparel and bedding

241 machine manufacture of footwear (except from rubber or wood)

242 manufacture by hand and repair of footwear

243 manufacture of wearing apparel (except furs)

244 manufacture of mattresses and bedding

245 skin and fur industries

Major group 25 manufactures of wood and cork, except manufacture of furniture

251 sawing and industrial preparation of wood

252 manufacture of semi-finished wood products

253 series production of wooden building components including flooring

254 manufacture of wooden containers

255 manufacture of other wooden products (except furniture)

259 manufacture of straw, cork, basketware, wicker-work and rattan products; brush-making

Major group 26 260 manufacture of wooden furniture

Major group 27 manufacture of paper and paper products

271 manufacture of pulp, paper and paperboard

272 processing of paper and paperboard, and manufacture of articles of pulp

Major group 28 280 printing, publishing and allied industries

Major group 29 leather industry

291 tanneries and leather finishing plants

292 manufacture of leather products

Ex major group 30 manufacture of rubber and plastic products, man-made fibres and starch products

301 processing of rubber and asbestos

302 processing of plastic materials

303 production of man-made fibres

Ex major group 31 chemical industry

311 manufacture of chemical base materials and further processing of such materials

312 specialised manufacture of chemical products principally for industrial and agricultural purposes (including the manufacture for industrial use of fats and oils of vegetable or animal origin falling within ISIC group 312)

313 specialised manufacture of chemical products principally for domestic or office use[excluding the manufacture of medicinal and pharmaceutical products (ex ISIC group 319)]

Major group 32 320 petroleum industry

Major group 33 manufacture of non-metallic mineral products

331 manufacture of structural clay products

332 manufacture of glass and glass products

333 manufacture of ceramic products, including refractory goods

334 manufacture of cement, lime and plaster

335 manufacture of structural material, in concrete, cement and plaster

339 stone working and manufacture of other non-metallic mineral products

Major group 34 production and primary transformation of ferrous and non-ferrous metals

341 iron and steel industry (as defined in the ECSC treaty, including integrated steelworks-owned coking plants)

342 manufacture of steel tubes

343 wire-drawing, cold-drawing, cold-rolling of strip, cold-forming

344 production and primary transformation of non-ferrous metals

345 ferrous and non-ferrous metal foundries

Major group 35 manufacture of metal products (except machinery and transport equipment)

351 forging, heavy stamping and heavy pressing

352 secondary transformation and surface-treatment

353 metal structures

354 boilermaking, manufacture of industrial hollow-ware

355 manufacture of tools and implements and finished articles of metal (except electrical equipment)

359 ancillary mechanical engineering activities

Major group 36 manufacture of machinery other than electrical machinery

361 manufacture of agricultural machinery and tractors

362 manufacture of office machinery

363 manufacture of metal-working and other machine-tools and fixtures and attachments for these and for other powered tools

364 manufacture of textile machinery and accessories, manufacture of sewing machines

365 manufacture of machinery and equipment for the food-manufacturing and beverage industries and for the chemical and allied industries

366 manufacture of plant and equipment for mines, iron and steel works foundries, and for the construction industry; manufacture of mechanical handling equipment

367 manufacture of transmission equipment

368 manufacture of machinery for other specific industrial purposes

369 manufacture of other non-electrical machinery and equipment

Major group 37 electrical engineering

371 manufacture of electric wiring and cables

372 manufacture of motors, generators, transformers, switchgear, and other similar equipment for the provision of electric power

373 manufacture of electrical equipment for direct commercial use

374 manufacture of telecommunications equipment, meters, other measuring appliances and electromedical equipment

375 manufacture of electronic equipment, radio and television receivers, audio equipment

376 manufacture of electric appliances for domestic use

377 manufacture of lamps and lighting equipment

378 manufacture of batteries and accumulators

379 repair, assembly, and specialist installation of electrical equipment

Ex major group 38 manufacture of transport equipment

383 manufacture of motor vehicles and parts thereof

384 repair of motor vehicles, motorcycles and cycles

385 manufacture of motorcycles, cycles and parts thereof

389 manufacture of transport equipment not elsewhere classified

Major group 39 miscellaneous manufacturing industries

391 manufacture of precision instruments, and measuring and controlling instruments

392 manufacture of medico-surgical instruments and equipment and orthopaedic appliances (except orthopaedic footwear)

393 manufacture of photographic and optical equipment

394 manufacture and repair of watches and clocks

395 jewellery and precious metal manufacturing

396 manufacture and repair of musical instruments

397 manufacture of games, toys, sporting and athletic goods

399 other manufacturing industries

Major group 40 construction

400 construction (non-specialised); demolition

401 construction of buildings (dwellings or other)

402 civil engineering; building of roads, bridges, railways, etc.

403 installation work

404 decorating and finishing

2

Directive 68/366/EEC

(liberalisation Directive: 68/365/EEC)

NICE nomenclature

Major

group 20A 200 industries producing animal and vegetable fats and oils

20B food manufacturing industries (excluding the beverage industry)

201 slaughtering, preparation and preserving of meat

202 milk and milk products industry

203 canning and preserving of fruits and vegetables

204 canning and preserving of fish and other sea foods

205 manufacture of grain mill products

206 manufacture of bakery products, including rusks and biscuits

207 sugar industry

208 manufacture of cocoa, chocolate and sugar confectionery

209 manufacture of miscellaneous food products

Major

group 21 beverage industry

211 production of ethyl alcohol by fermentation, production of yeasts and spirits

212 production of wine and other unmalted alcoholic beverages

213 brewing and malting

214 soft drinks and carbonated water industries

ex 30 manufacture of rubber products, plastic materials, artificial and synthetic fibres and starch products

304 manufacture of starch products

3

Directive 75/368/EEC (activities referred to in Article 5(1))

ISIC nomenclature

Ex 04 fishing

043 inland water fishing

Ex.38 manufacture of transport equipment

381 shipbuilding and repairing

382 manufacture of railroad equipment

386 manufacture of aircraft (including space equipment)

Ex 71 activities allied to transport and activities other than transport coming under the following groups:

Ex 711 sleeping- and dining-car services; maintenance of railway stock in repair sheds; cleaning of carriages

Ex 712 maintenance of stock for urban, suburban and interurban passenger transport

Ex 713 maintenance of stock for other passenger land transport (such as motor cars, coaches, taxis)

Ex 714 operation and maintenance of services in support of road transport (such as roads, tunnels and toll-bridges, goods depots, car parks, bus and tram depots)

Ex 716 activities allied to inland water transport (such as operation and maintenance of waterways, ports and other installations for inland water transport; tug and piloting services in ports, setting of buoys, loading and unloading of vessels and other similar activities, such as salvaging of vessels, towing and the operation of boathouses)

73 communications: postal services and telecommunications

Ex 85 personal services

854 laundries and laundry services, dry-cleaning and dyeing

Ex 856 photographic studios: portrait and commercial photography, except journalistic photographers

Ex 859 personal services not elsewhere classified (only maintenance and cleaning of buildings or accommodation)

4

Directive 75/369/EEC (Article 6: where the activity is regarded as being of an industrial or small craft nature)

ISIC nomenclature

The following itinerant activities:

a) - the buying and selling of goods by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612)

- in covered markets other than from permanently fixed installations and in open-air markets.

b) activities covered by transitional measures already adopted that expressly exclude or do not mention the pursuit of such activities on an itinerant basis.

5

Directive 82/470/EEC (Article 6(1) and (3))

Groups 718 et 720 of the ISIC nomenclature

The activities comprise in particular:

- organising, offering for sale and selling, outright or on commission, single or collective items (transport, board, lodging, excursions, etc.) for a journey or stay, whatever the reasons for travelling (Article 2(B)(a))

- acting as an intermediary between contractors for various methods of transport and persons who dispatch or receive goods, and carrying out related activities:

aa) by concluding contracts with transport contractors, on behalf of principals

bb) by choosing the method of transport, the firm and the route considered most profitable for the principal

cc) by arranging the technical aspects of the transport operation (e.g. packing required for transportation); by carrying out various operations incidental to transport (e.g. ensuring ice supplies for refrigerated wagons)

dd) by completing the formalities connected with the transport such as the drafting of way bills; by assembling and dispersing shipments

ee) by coordinating the various stages of transportation, by ensuring transit, reshipment, transshipment and other termination operations

ff) by arranging both freight and carriers and means of transport for persons dispatching goods or receiving them:

- assessing transport costs and checking the detailed accounts

- taking certain temporary or permanent measures in the name of and on behalf of a shipowner or sea transport carrier (with the port authorities, ship's chandlers, etc.).

[The activities listed under Article 2(A)(a), (b) and (d)].

6

Directive 82/489/EEC

ISIC nomenclature

Ex 855 hairdressing establishments (excluding chiropodists' activities and beauticians' training schools)

List II

Directives 64/222/EEC, 68/364/EEC, 68/368/EEC, 75/368/EEC, 75/369/EEC, 70/523/EEC and 82/470/EEC

1

Directive 64/222/EEC

(liberalisation Directives: 64/423/EEC and 64/224/EEC)

1. Activities of self-employed persons in wholesale trade, with the exception of wholesale trade in medicinal and pharmaceutical products, in toxic products and pathogens and in coal (ex Group 611).

2. Professional activities of an intermediary who is empowered and instructed by one or more persons to negotiate or enter into commercial transactions in the name of and on behalf of those persons.

3. Professional activities of an intermediary who, while not being permanently so instructed, brings together persons wishing to contract directly with one another or arranges their commercial transactions or assists in the completion thereof.

4. Professional activities of an intermediary who enters into commercial transactions in his own name on behalf of others.

5. Professional activities of an intermediary who carries out wholesale selling by auction on behalf of others.

6. Professional activities of an intermediary who goes from door to door seeking orders.

7. Provision of services, by way of professional activities, by an intermediary in the employment of one or more commercial, industrial or small craft undertakings.

2

Directive 68/364/EEC

(liberalisation Directive: 68/363/EEC)

Ex ISIC Group 612: Retail trade

Activities excluded:

012 Letting out for hire of farm machinery

640 Real estate, letting of property

713 Letting out for hire of automobiles, carriages and horses

718 Letting out for hire of railway carriages and wagons

839 Renting of machinery to commercial undertakings

841 Booking of cinema seats and renting of cinematograph films

842 Booking of theatre seats and renting of theatrical equipment

843 Letting out for hire of boats, bicycles, coin-operated machines for games of skill or chance

853 Letting of furnished rooms

854 Laundered linen hire

859 Garment hire

3

Directive 68/368/EEC

(liberalisation Directive: 68/367/EEC)

ISIC nomenclature

ISIC ex major Group 85

1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852).

2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853).

4

Directive 75/368/EEC (Article 7)

All the activities in the Annex to Directive 75/368/EEC, except the activities listed in Article 5(d) of this Directive (List 1,

point 3, of this Annex).

ISIC nomenclature

Ex 62 banks and other financial institutions

Ex 620 patent buying and licensing companies

Ex 71 transport

Ex 713 road passenger transport, excluding transportation by means of motor vehicles

Ex 719 transportation by pipelines of liquid hydrocarbons and other liquid chemical products

Ex 82 community services

827 libraries, museums, botanical and zoological gardens

Ex 84 recreation services

843 recreation services nec:

- sporting activities (sports grounds, organising sporting fixtures, etc.), except the activities of sports instructors

- games (racing stables, areas for games, racecourses, etc.)

- other recreation services (circuses, amusement parks and other entertainment)

Ex 85 personal services

Ex 851 domestic services

Ex 855 beauty parlours and services of manicurists, excluding services of chiropodists and professional beauticians' and hairdressers' training schools

Ex 859 personal services not elsewhere classified, except sports and paramedical masseurs and mountain guides, divided into the following groups:

- disinfecting and pest control

- hiring of clothes and storage facilities

- marriage bureaux and similar services

- astrology, fortune telling and the like

- sanitary services and associated activities

- undertaking and cemetery maintenance

- couriers and interpreter-guides

5

Directive 75/369/EEC (Article 5)

The following itinerant activities:

a) the buying and selling of goods:

- by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612)

- in covered markets other than from permanently fixed installations and in open-air markets

b) activities covered by transitional measures already adopted that expressly exclude or do not mention the pursuit of such activities on an itinerant basis.

6

Directive 70/523/EEC

Activities of self-employed persons in the wholesale coal trade and activities of intermediaries in the coal trade (ex Group 6112, ISIC nomenclature)

7

Directive 82/470/EEC (Article 6(2))

[Activities listed in Article 2(A)(c) and (e), (B)(b), (C) and (D)]

These activities comprise in particular:

- hiring railway cars or wagons for transporting persons or goods

- acting as an intermediary in the sale, purchase or hiring of ships

- arranging, negotiating and concluding contracts for the transport of emigrants

- receiving all objects and goods deposited, on behalf of the depositor, whether under customs control or not, in warehouses, general stores, furniture depots, coldstores, silos, etc.

- supplying the depositor with a receipt for the object or goods deposited

- providing pens, feed and sales rings for livestock being temporarily accommodated while awaiting sale or while in transit to or from the market

- carrying out inspection or technical valuation of motor vehicles

- measuring, weighing and gauging goods.

ANNEX V Recognition on the basis of coordination of the minimum training conditions Annex V.1 : Doctor

5.1.1. Knowledge and skills

Basic training for doctors provides an assurance that the person in question has acquired the following knowledge and skills:

- adequate knowledge of the sciences on which medicine is based and a good understanding of the scientific methods including the principles of measuring biological functions, the evaluation of scientifically established facts and the analysis of data

- sufficient understanding of the structure, functions and behaviour of healthy and sick persons, as well as relations between the state of health and physical and social surroundings of the human being

- adequate knowledge of clinical disciplines and practices, providing him with a coherent picture of mental and physical diseases, of medicine from the points of view of prophylaxis, diagnosis and therapy and of human reproduction

- suitable clinical experience in hospitals under appropriate supervision.

5.1.2. Evidence of basic formal qualifications of doctors

>TABLE POSITION>

>TABLE POSITION>

5.1.3. Evidence of formal qualifications of specialist doctors

>TABLE POSITION>

5.1.4. Titles of training courses in specialised medicine

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

Plastic surgery

Minimum period of training: 5 years

Country // Title

Belgique/België/

Belgien // Chirurgie plastique, reconstructrice et esthétique / Plastische, reconstructieve en esthetische heelkunde

Danmark // Plastikkirurgi

Deutschland // Plastische Chirurgie

ÅëëÜò // ÐëáóôéêÞ ×åéñoõñãéêÞ

España // Cirugía plástica y reparadora

France // Chirurgie plastique, reconstructrice et esthétique

Ireland // Plastic surgery

Italia // Chirurgia plastica e ricostruttiva

Luxembourg // Chirurgie plastique

Nederland // Plastische chirurgie

Österreich // Plastische Chirurgie

Portugal // Cirurgia plástica e reconstrutiva

Suomi/Finland // Plastiikkakirurgia / Plastikkirurgi

Sverige // Plastikkirurgi

United Kingdom // Plastic surgery

5.1.5. Evidence of formal qualifications of general practitioners

>TABLE POSITION>

Annex V.2: Nurse responsible for general care

5.2.1. Knowledge and skills

Training for nurses responsible for general care provides an assurance that the person in question has acquired the following knowledge and skills:

- adequate knowledge of the sciences on which general nursing is based, including sufficient understanding of the structure, physiological functions and behaviour of healthy and sick persons, and of the relationship between the state of health and the physical and social environment of the human being

- sufficient knowledge of the nature and ethics of the profession and of the general principles of health and nursing

- adequate clinical experience; such experience, which should be selected for its training value, should be gained under the supervision of qualified nursing staff and in places where the number of qualified staff and equipment are appropriate for the nursing care of the patient

- the ability to participate in the practical training of health personnel and experience of working with such personnel

- experience of working with members of other professions in the health sector.

5.2.2. Training programme for nurses responsible for general care

>TABLE POSITION>

5.2.3. Evidence of formal qualifications of nurses responsible for general care

>TABLE POSITION>

>TABLE POSITION>

Annex V.3: Dental practitioner

5.3.1. Knowledge and skills

Training for dental practitioners provides an assurance that the person in question has acquired the following knowledge and skills:

- adequate knowledge of the sciences on which dentistry is based and a good understanding of scientific methods, including the principles of measuring biological functions, the evaluation of scientifically established facts and the analysis of data

- adequate knowledge of the constitution, physiology and behaviour of healthy and sick persons as well as the influence of the natural and social environment on the state of health of the human being, in so far as these factors affect dentistry

- adequate knowledge of the structure and function of the teeth, mouth, jaws and associated tissues, both healthy and diseased, and their relationship to the general state of health and to the physical and social well-being of the patient

- adequate knowledge of clinical disciplines and methods, providing the dentist with a coherent picture of anomalies, lesions and diseases of the teeth, mouth, jaws and associated tissues and of preventive, diagnostic and therapeutic dentistry

- suitable clinical experience under appropriate supervision

This training shall provide him with the skills necessary for carrying out all activities involving the prevention, diagnosis and treatment of anomalies and diseases of the teeth, mouth, jaws and associated tissues.

5.3.2. Study programme for dental practitioners

>TABLE POSITION>

5.3.3. Evidence of formal qualifications of dental practitioners

>TABLE POSITION>

>TABLE POSITION>

Annex V.4: Veterinary surgeon

5.4.1. Knowledge and skills

Training as a veterinary surgeon provides an assurance that the person in question has acquired the following knowledge and skills:

- adequate knowledge of the sciences on which the activities of the veterinary surgeon are based

- adequate knowledge of the structure and functions of healthy animals, of their husbandry, reproduction and hygiene in general, as well as their feeding, including the technology involved in the manufacture and preservation of foods corresponding to their needs

- adequate knowledge of the behaviour and protection of animals

- adequate knowledge of the causes, nature, course, effects, diagnosis and treatment of the diseases of animals, whether considered individually or in groups, including a special knowledge of the diseases which may be transmitted to humans

- adequate knowledge of preventive medicine

- adequate knowledge of the hygiene and technology involved in the production, manufacture and putting into circulation of animal foodstuffs or foodstuffs of animal origin intended for human consumption

- adequate knowledge of the laws, regulations and administrative provisions relating to the subjects listed above

- adequate clinical and other practical experience under appropriate supervision.

5.4.2. Study programme for veterinary surgeons

>TABLE POSITION>

5.4.3. Evidence of formal qualifications of veterinary surgeons

>TABLE POSITION>

>TABLE POSITION>

Annex V.5: Midwife

5.5.1. Knowledge and skills (Training types I and II)

Training as a midwife provides an assurance that the person in question has acquired the following knowledge and skills:

- adequate knowledge of the sciences on which the activities of midwives are based, particularly obstetrics and gynaecology

- adequate knowledge of the ethics of the profession and the professional legislation

- detailed knowledge of biological functions, anatomy and physiology in the field of obstetrics and of the newly born, and also a knowledge of the relationship between the state of health and the physical and social environment of the human being, and of his behaviour

- adequate clinical experience gained in approved institutions under the supervision of staff qualified in midwifery and obstetrics

- adequate understanding of the training of health personnel and experience of working with such.

5.5.2. Training programme for midwives (Training types I and II)

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The theoretical and technical training (Part A of the training programme) shall be balanced and coordinated with the clinical training (Part B of the same programme) in such a way that the knowledge and experience listed in this Annex may be acquired in an adequate manner.

Clinical instruction shall take the form of supervised in-service training in hospital departments or other health services approved by the competent authorities or bodies. As part of this training, student midwives shall participate in the activities of the departments concerned in so far as those activities contribute to their training. They shall be taught the responsibilities involved in the activities of midwives.

5.5.3.- Activities of midwives within the meaning of Article 38(2)

- to provide sound family planning information and advice

- to diagnose pregnancies and monitor normal pregnancies; to carry out the examinations necessary for the monitoring of the development of normal pregnancies

- to prescribe or advise on the examinations necessary for the earliest possible diagnosis of pregnancies at risk

- to provide a programme of parenthood preparation and a complete preparation for childbirth including advice on hygiene and nutrition

- to care for and assist the mother during labour and to monitor the condition of the foetus in utero by the appropriate clinical and technical means

- to conduct spontaneous deliveries including where required an episiotomy and in urgent cases a breech delivery

- to recognise the warning signs of abnormality in the mother or infant which necessitate referral to a doctor and to assist the latter where appropriate; to take the necessary emergency measures in the doctor's absence, in particular the manual removal of the placenta, possibly followed by manual examination of the uterus

- to examine and care for the new-born infant; to take all initiatives which are necessary in case of need and to carry out where necessary immediate resuscitation

- to care for and monitor the progress of the mother in the post-natal period and to give all necessary advice to the mother on infant care to enable her to ensure the optimum progress of the new-born infant

- to carry out the treatment prescribed by a doctor

- to maintain all necessary records.

5.5.4. Evidence of formal qualifications of midwives

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Annex V.6: Pharmacist

5.6.1. Knowledge and skills

Training of pharmacists provides an assurance that the person concerned has acquired the following knowledge and skills:

- adequate knowledge of medicines and the substances used in the manufacture of medicines

- adequate knowledge of pharmaceutical technology and the physical, chemical, biological and microbiological testing of medicinal products

- adequate knowledge of the metabolism and the effects of medicinal products and of the action of toxic substances, and of the use of medicinal products

- adequate knowledge to evaluate scientific data concerning medicines in order to be able to supply appropriate information on the basis of this knowledge

- adequate knowledge of the legal and other requirements associated with the practice of pharmacy.

5.6.2. Course of training for pharmacists

- Plant and animal biology

- Physics

- General and inorganic chemistry

- Organic chemistry

- Analytical chemistry

- Pharmaceutical chemistry, including analysis of medicinal products

- General and applied biochemistry (medical)

- Anatomy and physiology; medical terminology

- Microbiology

- Pharmacology and pharmacotherapy

- Pharmaceutical technology

- Toxicology

- Pharmacognosy

- Legislation and, where appropriate, professional ethics.

The balance between theoretical and practical training shall, in respect of each subject, give sufficient importance to theory to maintain the university character of the training.

5.6.3. Activities of pharmacists within the meaning of Article 41(2)

- the preparation of the pharmaceutical form of medicinal products

- the manufacture and testing of medicinal products

- the testing of medicinal products in a laboratory for the testing of medicinal products

- the storage, preservation and distribution of medicinal products at the wholesale stage

- the preparation, testing, storage and supply of medicinal products in pharmacies open to the public

- the preparation, testing, storage and dispensing of medicinal products in hospitals

- the provision of information and advice on medicinal products.

5.6.4. Evidence of formal qualifications of pharmacists

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Annex V.7: Architect

5.7.1. Knowledge and skills

Training of architects provides an assurance that the person concerned has acquired the following knowledge and skills:

1. An ability to create architectural designs that satisfy both aesthetic and technical requirements.

2. An adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences.

3. A knowledge of the fine arts as an influence on the quality of architectural design.

4. An adequate knowledge of urban design, planning and the skills involved in the planning process.

5. An understanding of the relationship between people and buildings, and between buildings and their environment, and of the need to relate buildings and the spaces between them to human needs and scale.

6. An understanding of the profession of architecture and the role of the architect in society, in particular in preparing briefs that take account of social factors.

7. An understanding of the methods of investigation and preparation of the brief for a design project.

8. An understanding of the structural design, constructional and engineering problems associated with building design.

9. An adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against the climate.

10. The necessary design skills to meet building users' requirements within the constraints imposed by cost factors and building regulations.

11. An adequate knowledge of the industries, organisations, regulations and procedures involved in translating design concepts into buildings and integrating plans into overall planning.

5.7.2. Evidence of formal qualifications of architects recognised pursuant to Article 20(1)

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ANNEX VI Established rights applicable to the professions subject to recognition on the basis of coordination of the minimum training conditions

6.1. Established rights of specialised doctors

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Dental, oral and maxillo-facial surgery (basic medical and dental training) [51]

[51] 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 19) and, in addition, completion and validation of dental studies (Article 29).

Minimum period of training: 4 years

Country // Title

Belgique/België/

Belgien // Stomatologie et chirurgie orale et maxillo-faciale / Stomatologie en mond-, kaak- en aangezichtschirurgie

Deutschland // Mund-, Kiefer- und Gesichtschirurgie

Ireland // Oral and maxillo-facial surgery

Luxembourg // Chirurgie dentaire, orale et maxillo-faciale

Suomi/Finland // Suu- ja leukakirurgia / Oral och maxillofacial kirurgi

United Kingdom // Oral and maxillo-facial surgery

6.2. Established rights of specialised dentists

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6.3. Evidence of formal qualifications of architects benefiting from the established rights acquired pursuant to the first paragraph of Article 45(1)

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ANNEX VII Documents and certificates which may be required in accordance with Article 46(1)

1. Documents

a) Proof of the nationality of the person concerned.

b) Copies of the attestations of professional competence or of the evidence of formal qualifications giving access to the profession in question, and an attestation of the professional experience of the person concerned where applicable.

c) For the cases referred to in Article 16, a certificate concerning the nature and duration of the activity issued by the competent authority or body in the Member State of origin.

d) Where the competent authority of a host Member State requires of persons wishing to take up a regulated profession proof that they are of good character or repute or that they have not been declared bankrupt, or suspends or prohibits the pursuit of that profession in the event of serious professional misconduct or a criminal offence, that State shall accept as sufficient evidence, in respect of nationals of Member States wishing to pursue that profession in its territory, the production of documents issued by competent authorities in the Member State of origin or the Member State from which the foreign national comes, showing that those requirements are met. Those authorities must provide the documents required within a period of two months.

Where the competent authorities of the Member State of origin or of the Member State from which the foreign national comes do not issue the documents referred to in the first subparagraph, such documents shall be replaced by a declaration on oath - or, in States where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the Member State of origin or the Member State from which the person comes; such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration.

e) Where a host Member State requires of its own nationals wishing to take up a regulated profession, a document relating to the physical or mental health of the applicant, that State shall accept as sufficient evidence thereof the presentation of the document required in the Member State of origin. Where the Member State of origin does not issue such a document, the host Member State shall accept a certificate issued by a competent authority in that State. In that case, the competent authorities of the Member State of origin must provide the document required within a period of two months.

f) Where a host Member State requires its own nationals wishing to take up a regulated profession to furnish:

- proof of the applicant's financial standing

- proof that the applicant is insured against the financial risks arising from their professional liability in accordance with the laws and regulations in force in the host Member State regarding the terms and extent of cover

that Member State shall accept as sufficient evidence an attestation to that effect issued by the banks and insurance undertakings of another Member State.

2. Certificates

a) To facilitate the application of Title III, Chapter III, of this Directive, Member States may prescribe that, in addition to formal certificates of training, the person who satisfies the conditions of training required must provide a certificate from the competent authorities of his country of origin stating that these certificates of training are those covered by this Directive.

b) In the event of justified doubts, the host Member State may require from the competent authorities of a Member State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other Member State, as well as, where applicable, confirmation of the fact that the beneficiary fulfils, for the professions referred to in Title III, Chapter III, of this Directive, the minimum training conditions set out respectively in Articles 22, 23, 26, 29, 32, 35, 36, 40 and 42.

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Internal Market

Activit(y/ies): Administrative support for the Internal Market DG

Title of action:

Proposal for a Directive on the recognition of professional qualifications

Committee on the recognition of professional qualifications

1. BUDGET LINE(S) + HEADING(S)

A-1, A-7 0 3 1 Expenditure on meetings of committees

2. OVERALL FIGURES

2.1. Total allocation for action (Part B): EUR million for commitment appropriations

Not applicable

2.2. Period of application:

(start and expiry years)

2005-[...]

2.3. Overall multiannual estimate of expenditure:

(a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1)

Not applicable

(EUR million to three decimal places)

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(b) Technical and administrative assistance and support expenditure (see point 6.1.2)

Not applicable

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(c) Overall financial impact of human resources and other administrative expenditure (see points 7.2 and 7.3) (*)

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(*) The expenditure forecast does not cover the interpreting costs, which are not currently invoiced by the JICS. If those costs were to be invoiced in future, they would have to be added to the amounts indicated.

2.4. Compatibility with financial programming and financial perspective

[X] Proposal is compatible with existing financial programming.

[...] Proposal will entail reprogramming of the relevant heading in the financial perspective.

[...] Proposal may require application of the provisions of the Interinstitutional Agreement.

2.5. Financial impact on revenue: [52]

[52] For further information, see separate explanatory note.

[X] Proposal has no financial implications (involves technical aspects regarding implementation of a measure).

OR

[...] Proposal has financial impact - the effect on revenue is as follows:

(NB All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.)

(EUR million to one decimal place)

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(Please specify each budget line involved, adding the appropriate number of rows to the table if there is an effect on more than one budget line.)

3. BUDGET CHARACTERISTICS

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4. LEGAL BASIS

(Show main legal basis only.)

Articles 40, 47 and 55 of the EC Treaty.

5. DESCRIPTION AND GROUNDS

5.1. Need for Community intervention [53]

[53] For further information, see separate explanatory note.

5.1.1. Objectives pursued

The expenditure provided for is for financing the meetings of the Committee on the Recognition of Professional Qualifications to be set up under Title V of the proposal for a Directive.

This Committee acts under the "comitology" Decision. The regulation procedure applies for updating certain technical aspects of the Directive underlying the recognition of professional qualifications, as well as for adopting decisions relating to the professional platforms and the derogation clause.

5.1.2. Measures taken in connection with ex ante evaluation

(This involves:

(a) explaining how and when the ex ante evaluation was conducted (author, timing and where the report(s) is/are available) or how the corresponding information was gathered; [54]

[54] For minimum information requirements relating to new initiatives, see SEC 2000 (1051)

Not applicable

(b) describing briefly the findings and lessons learnt from the ex ante evaluation.)

Not applicable

5.1.3. Measures taken following ex post evaluation

Not applicable

5.2. Actions envisaged and budget intervention arrangements

Not applicable

5.3. Methods of implementation

Not applicable

6. FINANCIAL IMPACT

6.1. Total financial impact on Part B - (over the entire programming period)

Not applicable. No financial impact on Part B of the budget.

6.1.1. Financial intervention

Commitments (in EUR million to three decimal places)

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6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period) [55]

[55] For further information, see separate explanatory note.

Not applicable. No financial impact on Part B of the budget.

Commitments (in EUR million to three decimal places)

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If necessary explain the method of calculation.

7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1. Impact on human resources

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7.2. Overall financial impact of human resources

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The amounts are total expenditure for twelve months.

7.3. Other administrative expenditure deriving from the action

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(*) The expenditure forecast does not cover the interpreting costs, which are not currently invoiced by the JICS. If those costs were to be invoiced in future, they would have to be added to the amounts indicated.

The needs for human and administrative resources shall be covered within the allocation granted to the managing DG in the framework of the annual allocation decision.

The amounts are total expenditure for 12 months.

1 Specify the type of committee and the group to which it belongs.

I. Annual total (7.2 + 7.3)

II. Duration of action

III. Total cost of action (I x II) // EUR364 320

indeterminate

not applicable

8. FOLLOW-UP AND EVALUATION

8.1. Follow-up arrangements

(Adequate follow-up information must be collected, from the start of each action, on the inputs, outputs and results of the intervention. In practice this means (i) identifying the indicators for inputs, outputs and results and (ii) putting in place methods for the collection of data.)

Not applicable

8.2. Arrangements and schedule for evaluation

(Describe the planned schedule and arrangements for interim and ex post evaluations to assess whether the intervention has achieved the objectives set. In the case of multiannual programmes, at least one thorough evaluation is needed during the life cycle of the programme. For other activities, ex post or mid-term evaluations should be carried out at intervals not exceeding six years.)

Not applicable

9. ANTI-FRAUD MEASURES

(Article 3(4) of the Financial Regulation: "In order to prevent risk of fraud or irregularity, the Commission shall record in the financial statement any information regarding existing and planned fraud prevention and protection measures.")

Not applicable