8.3.2005 EN Official Journal of the European Union C 58 E/1 I (Information) COUNCIL COMMON POSITION (EC) No 10/2005 adopted by the Council on 21 December 2004 with a view to adopting Directive 2005/.../EC of the European Parliament and of the Council of ... on the recognition of professional qualifications (Text with EEA relevance) (2005/C 58 E/01) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- (2) Following the European Council of Lisbon on 23 and 24 PEAN UNION, March 2000, the Commission adopted a Communica- tion on `An Internal Market Strategy for Services', aimed in particular at making the free provision of services Having regard to the Treaty establishing the European Com- within the Community as simple as within an individual munity, and in particular Article 40, Article 47(1), the first and Member State. Further to the Communication from the third sentences of Article 47(2), and Article 55 thereof, Commission entitled `New European Labour Markets, Open to All, with Access to All', the European Council of Stockholm on 23 and 24 March 2001 entrusted the Having regard to the proposal from the Commission (1), Commission with presenting for the 2002 Spring Euro- pean Council specific proposals for a more uniform, transparent and flexible regime of recognition of qualifi- Having regard to the Opinion of the European Economic and cations. Social Committee (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), (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 Whereas: as nationals is without prejudice to compliance by the migrant professional with any non-discriminatory condi- tions of pursuit which might be laid down by the latter (1) Pursuant to Article 3(1)(c) of the Treaty, the abolition, as Member State, provided that these are objectively justi- between Member States, of obstacles to the free move- fied and proportionate. ment 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 pursue a profession, in a self-employed or employed capacity, in a Member State other than the one in which they have obtained (4) In order to facilitate the free provision of services, there their professional qualifications. In addition, Article 47(1) should be specific rules aimed at extending the possibi- of the Treaty lays down that directives shall be issued for lity of pursuing professional activities under the original the mutual recognition of diplomas, certificates and professional title. In the case of information society other evidence of formal qualifications. services provided at a distance, the provisions of Direc- tive 2000/31/EC of the European Parliament and of the (1) OJ C 181 E, 30.7.2002, p. 183. Council of 8 June 2000 on certain legal aspects of infor- (2) OJ C 61, 14.3.2003, p. 67. mation society services, in particular electronic (3) Opinion of the European Parliament of 11 February 2004 (Oj C 97 commerce, in the Internal Market (4) should also apply. E, 22.4.2004, p. 231), Council Common Position of 21 December 2004 and Position of the European Parliament of ... (not yet published in the Official Journal). (4) OJ L 178, 17.7.2000, p. 1. C 58 E/2 EN Official Journal of the European Union 8.3.2005 (5) In view of the different systems established for the cross- Directive 1999/42/EC of the European Parliament and of border provision of services on a temporary and occa- the Council (3) on the general system for the recognition sional basis on the one hand, and for establishment on of professional qualifications, and Council Directives the other, the criteria for distinguishing between these 77/452/EEC (4), 77/453/EEC (5), 78/686/EEC (6), two concepts in the event of the movement of the 78/687/EEC (7), 78/1026/EEC (8), 78/1027/EEC (9), service provider to the territory of the host Member 80/154/EEC (10), 80/155/EEC (11), 85/384/EEC (12), State should be clarified. 85/432/EEC (13), 85/433/EEC (14) and 93/16/EEC (15) concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor, by combining them in a single text. (6) The facilitation of service provision has to be ensured in the context of strict respect for public health and safety and consumer protection. Therefore, specific provisions should be envisaged for regulated professions having (10) This Directive does not create an obstacle to the possibi- public health or safety implications, which provide lity of Member States recognising, in accordance with cross-frontier services on a temporary or occasional their rules, the professional qualifications acquired basis. outside the territory of the European Union by third country nationals. All recognition should respect in any case minimum training conditions for certain profes- sions. (7) Host Member States may, where necessary and in accordance with Community law, provide for declaration requirements. These requirements should not lead to a disproportionate burden on service providers nor hinder (11) In the case of the professions covered by the general or render less attractive the exercise of the freedom to system for the recognition of qualifications, hereinafter provide services. The need for such requirements should referred to as `the general system', Member States should be reviewed periodically in the light of the progress retain the right to lay down the minimum level of quali- made in establishing a Community framework for fication required to ensure the quality of the services administrative cooperation between Member States. provided on their territory. However, pursuant to Arti- cles 10, 39 and 43 of the Treaty, they should not require a national of a Member State to obtain qualifica- tions, 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 those qualifications in another (8) The service provider should be subject to the application Member State. As a result, it should be laid down that of disciplinary rules of the host Member State having a any host Member State in which a profession is regu- direct and specific link with the professional qualifica- lated must take account of the qualifications obtained in tions, such as the definition of the profession, the scope another Member State and assess whether they corre- of activities covered by a profession or reserved to it, the spond to those which it requires. use of titles and serious professional malpractice which is directly and specifically linked to consumer protection (3) OJ L 201, 31.7.1999, p. 77. and safety. (4) OJ L 176, 15.7.1977, p. 1. Directive as last amended by the 2003 Act of Accession. (5) OJ L 176, 15.7.1977, p. 8. Directive as last amended by Directive 2001/19/EC. (6) OJ L 233, 24.8.1978, p. 1. Directive as last amended by the 2003 Act of Accession. (7) OJ L 233, 24.8.1978, p. 10. Directive as last amended by the 2003 Act of Accession. (9) While maintaining, for the freedom of establishment, the (8) OJ L 362, 23.12.1978, p. 1. Directive as last amended by Directive principles and safeguards underlying the different 2001/19/EC. systems for recognition in force, the rules of such (9) OJ L 362, 23.12.1978, p. 7. Directive as last amended by Directive systems should be improved in the light of experience. 2001/19/EC. Moreover, the relevant directives have been amended on (10) OJ L 33, 11.2.1980, p. 1. Directive as last amended by the 2003 Act of Accession. several occasions, and their provisions should be reorga- (11) OJ L 33, 11.2.1980, p. 8. Directive as last amended by Directive nised and rationalised by standardising the principles 2001/19/EC. applicable. It is therefore necessary to replace Council (12) OJ L 223, 21.8.1985, p. 15. Directive as last amended by the 2003 Directives 89/48/EEC (1) and 92/51/EEC (2), as well as Act of Accession. (13) OJ L 253, 24.9.1985, p. 34. Directive as amended by Directive 2001/19/EC. (1) OJ L 19, 24.1.1989, p. 16. Directive as amended by Directive (14) OJ L 253, 24.9.1985, p. 37. Directive as last amended by the 2003 2001/19/EC of the European Parliament and of the Council (OJ L Act of Accession. 206, 31.7.2001, p. 1). (15) OJ L 165, 7.7.1993, p. 1. Directive as last amended by Regulation (2) OJ L 209, 24.7.1992, p. 25. Directive as last amended by Commis- (EC) No 1882/2003 of the European Parliament and of the Council sion Decision 2004/108/EC (OJ L 32, 5.2.2004, p. 15). (OJ L 284, 31.10.2003, p. 1). 8.3.2005 EN Official Journal of the European Union C 58 E/3 (12) In the absence of harmonisation of the minimum Member State, while maintaining for those activities a training conditions for access to the professions system of automatic recognition based on professional governed by the general system, it should be possible for experience. the host Member State to impose a compensation measure. This measure should 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 (16) Freedom of movement and the mutual recognition of period offers adequate safeguards as regards the latter's the evidence of formal qualifications of doctors, nurses level of qualification, so that any derogation from that responsible for general care, dental practitioners, veter- choice should in each case be justified by an imperative inary surgeons, midwives, pharmacists and architects requirement in the general interest. should be based on the fundamental principle of auto- matic recognition of the evidence of formal qualifica- tions 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 (13) In order to promote the free movement of professionals, and pharmacist should be made conditional upon the while ensuring an adequate level of qualification, various possession of a given qualification ensuring that the professional associations and organisations or Member person concerned has undergone training which meets States should be able to propose common platforms at the minimum conditions laid down. This system should European level. This Directive should take account, be supplemented by a number of acquired rights from under certain conditions, in compliance with the compe- which qualified professionals benefit under certain tence of Member States to decide the qualifications conditions. required for the pursuit of professions in their territory as well as the contents and the organisation of their systems of education and professional training and in compliance with Community law, and in particular Community law on competition, of those initiatives, (17) In an effort to simplify the system, particularly with a while promoting, in this context, a more automatic char- view to enlargement, the principle of automatic recogni- acter of recognition under the general system. Profes- tion should apply only to those medical and dental sional associations which are in a position to submit specialities which are common to at least two fifths of common platforms should be representative at national Member States. Medical and dental specialities which are and European level. A common platform is a set of common to a very limited number of Member States criteria which make it possible to compensate for the should be incorporated into the general system for widest range of substantial differences which have been recognition without prejudice to the acquired rights. In identified between the training requirements in at least practice, the effects of this amendment should be limited two thirds of the Member States including all the for the migrant, in so far as these situations should not Member States which regulate that profession. These be subject to compensation measures. Moreover, this criteria could, for example, include requirements such as Directive should be without prejudice to the possibility additional training, an adaptation period under super- for Member States to establish, amongst themselves, vised practice, an aptitude test, or a prescribed minimum automatic recognition for certain medical and dental level of professional practice, or combinations thereof. specialities common to them according to their own rules. (14) In order to take into account all situations for which (18) Automatic recognition of formal qualifications of doctor there is still no provision relating to the recognition of with basic training should be without prejudice to the professional qualifications, the general system should be competence of Member States to associate this qualifica- extended to those cases which are not covered by a tion with professional activities or not. 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 for some particular and exceptional reason meet the conditions to benefit from it. (19) All Member States should recognise the profession of dental practitioner as a specific profession distinct from that of medical practitioner, whether or not specialised in odontostomatology. Member States should ensure that the training given to dental practitioners equips them with the skills needed for prevention, diagnosis (15) There is a need to simplify the rules allowing access to a and treatment relating to anomalies and illnesses of the number of industrial, commercial and craft activities, in teeth, mouth, jaws and associated tissues. The profes- Member States where those professions are regulated, in sional activity of the dental practitioner should be so far as those activities have been pursued for a reason- carried out by holders of a qualification as dental practi- able and sufficiently recent period of time in another tioner set out in this Directive. C 58 E/4 EN Official Journal of the European Union 8.3.2005 (20) It did not appear desirable to lay down standardised an architect vary widely in scope. In most Member training for midwives for all the Member States. Rather, States, activities in the field of architecture are pursued, the latter should have the greatest possible freedom to de jure or de facto, by persons bearing the title of archi- organise their training. tect alone or accompanied by another title, without those persons having a monopoly on the pursuit of such activities, unless there are legislative provisions to the contrary. These activities, or some of them, may also be (21) With a view to simplifying this Directive, reference pursued by other professionals, in particular by engi- should be made to the concept of `pharmacist' in order neers who have undergone special training in the field to delimit the scope of the provisions relating to the of construction or the art of building. With a view to automatic recognition of the qualifications, without simplifying this Directive, reference should be made to prejudice to the special features of the national regula- the concept of `architect' in order to delimit the scope of tions governing those activities. the provisions relating to the automatic recognition of the qualifications in the field of architecture, without prejudice to the special features of the national regula- tions governing those activities. (22) Holders of qualifications as a pharmacist are specialists in the field of medicines and should, in principle, have access in all Member States to a minimum range of activities in this field. In defining this minimum range, this Directive should neither have the effect of limiting (26) In order to ensure the effectiveness of the system for the the activities accessible to pharmacists in the Member recognition of professional qualifications, uniform form- States - in particular as regards medical biology analyses alities and rules of procedure should be defined for its - nor create a monopoly for those professionals, as this implementation, as well as certain details of the pursuit remains a matter solely for the Member States. The of the profession. provisions of this Directive are without prejudice to the possibility for the Member States to impose supplemen- tary training conditions for access to activities not included in the coordinated minimum range of activities. This means that the host Member State should be able (27) Since collaboration among the Member States and to impose these conditions on the nationals who hold between them and the Commission is likely to facilitate qualifications which are covered by automatic recogni- the implementation of this Directive and compliance tion within the meaning of this Directive. with the obligations deriving from it, the means of colla- boration should be organised. (23) This Directive does not coordinate all the conditions for access to activities in the field of pharmacy and the pursuit of these activities. In particular, the geographical (28) The establishment of a network of contact points with distribution of pharmacies and the monopoly for dispen- the task of providing the citizens of the Member States sing medicines should remain a matter for the Member with information and assistance will make it possible to States. This Directive leaves unchanged the legislative, ensure that the system of recognition is transparent. regulatory and administrative provisions of the Member These contact points will provide any citizen who so States forbidding companies from pursuing certain phar- requests and the Commission with all the information macists' activities or subjecting the pursuit of such activ- and addresses relevant to the recognition procedure. The ities to certain conditions. designation of a single contact point by each Member State within this network does not affect the organisa- tion of competencies at national level. In particular, it does not prevent the designation at national level of (24) Architectural design, the quality of buildings, their several offices, the contact point designated within the harmonious incorporation into their surroundings, aforementioned network being in charge of coordinating respect for natural and urban landscapes and for the with the other offices and informing the citizen, where public and private heritage are a matter of public necessary, of the details of the relevant competent office. interest. Mutual recognition of qualifications should therefore be based on qualitative and quantitative criteria which ensure that the holders of recognised qualifica- tions are in a position to understand and translate the needs of individuals, social groups and authorities as (29) Administering the various systems of recognition set up regards spatial planning, the design, organisation and by the sectoral directives and the general system has realisation of structures, conservation and the exploita- proved cumbersome and complex. There is therefore a tion of the architectural heritage, and protection of need to simplify the administration and updating of this natural balances. Directive to take account of scientific and technical progress, in particular where the minimum conditions of training are coordinated with a view to automatic recog- nition of qualifications. A single committee for the (25) National regulations in the field of architecture and on recognition of professional qualifications should be set access to and the pursuit of the professional activities of up for this purpose. 8.3.2005 EN Official Journal of the European Union C 58 E/5 (30) The measures necessary for the implementation of this 22 March 1977 to facilitate the effective exercise by Directive should be adopted in accordance with Council lawyers of freedom to provide services (2) or of Directive Decision 1999/468/EC of 28 June 1999 laying down 98/5/EC of the European Parliament and of the Council the procedures for the exercise of implementing powers of 16 February 1998 to facilitate practice of the profes- conferred on the Commission (1). sion of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (3). The recognition of professional qualifica- tions for lawyers for the purpose of immediate establish- (31) The preparation by the Member States of a periodic ment under the professional title of the host Member report on the implementation of this Directive, State should be covered by this Directive. containing statistical data, will make it possible to deter- mine the impact of the system for the recognition of professional qualifications. (38) This Directive is without prejudice to measures necessary to ensure a high level of health and consumer protec- tion, (32) 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. HAVE ADOPTED THIS DIRECTIVE: (33) The provisions of this Directive do not affect the powers TITLE I of the Member States as regards the organisation of their national social security system and determining the activities which must be pursued under that system. GENERAL PROVISIONS (34) In view of the speed of technological change and scien- Article 1 tific progress, life-long learning is of particular impor- tance for a large number of professions. In this context, Purpose it is for the Member States to adopt the detailed arrange- ments under which, through suitable ongoing training, professionals will keep abreast of technical and scientific This Directive establishes rules according to which a Member progress. State which makes access to or pursuit of a regulated profes- sion in its territory contingent upon possession of specific professional qualifications (referred to hereinafter as the `host Member State') shall recognise professional qualifications (35) Since the objectives of this Directive, namely the rationa- obtained in one or more other Member States (referred to here- lisation, simplification and improvement of the rules for inafter as the `home Member State') and which allow the holder the recognition of professional qualifications, cannot be of the said qualifications to pursue the same profession there, sufficiently achieved by the Member States and can for access to and pursuit of that profession. therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportion- Article 2 ality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those Scope objectives. 1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession in a Member (36) This Directive does not concern the activities of profes- State other than that in which they obtained their professional sions which are directly and specifically connected, even qualifications, on either a self-employed or employed basis. occasionally, with the exercise of official authority. 2. Each Member State may permit Member State nationals in possession of evidence of professional qualifications not obtained in a Member State to pursue a regulated profession (37) This Directive applies, concerning the right of establish- ment and the provision of services, without prejudice to within the meaning of Article 3(1)(a) on its territory in accord- other specific legal provisions regarding the recognition ance with its rules. In the case of professions covered by Title of professional qualifications, such as those existing in III, Chapter III, this initial recognition shall respect the the field of transport, insurance intermediaries minimum training conditions laid down in that Chapter. and statutory auditors. This Directive does not affect the operation of Council Directive 77/249/EEC of (2) OJ L 78, 26.3.1977, p. 17. Directive as last amended by the 2003 Act of Accession. (3) OJ L 77, 14.3.1998, p. 36. Directive as amended by the 2003 Act (1) OJ L 184, 17.7.1999, p. 23. of Accession. C 58 E/6 EN Official Journal of the European Union 8.3.2005 3. Where, for a given regulated profession, other specific fied member of that profession, such period of supervised arrangements directly related to the recognition of professional practice possibly being accompanied by further training. qualifcations are established in a separate instrument of Com- This period of supervised practice shall be the subject of an munity law, the corresponding provisions of this Directive shall assessment. The detailed rules governing the adaptation not apply. period and its assessment as well as the status of a migrant under supervision shall be laid down by the competent authority in the host Member State. Article 3 The status enjoyed in the host Member State by the person undergoing the period of supervised practice, in particular in the matter of right of residence as well as obligations, social rights and benefits, allowances and remuneration, Definitions shall be established by the competent authorities in that Member State in accordance with applicable Community law; 1. For the purposes of this Directive, the following defini- tions apply: (g) `aptitude test': a test limited to the professional knowledge (a) `regulated profession': a professional activity or group of of the applicant, made by the competent authorities of the professional activities, access to which, the pursuit of host Member State with the aim of assessing the ability of which, or one of the modes of pursuit of which is subject, the applicant to pursue a regulated profession in that directly or indirectly, by virtue of legislative, regulatory or Member State. In order to permit this test to be carried out, administrative provisions to the possession of specific the competent authorities shall draw up a list of subjects professional qualifications; in particular, the use of a profes- which, on the basis of a comparison of the education and sional title limited by legislative, regulatory or administra- training required in the Member State and that received by tive provisions to holders of a given professional qualifica- the applicant, are not covered by the diploma or other tion shall constitute a mode of pursuit. Where the first evidence of formal qualifications possessed by the appli- sentence of this definition does not apply, a profession cant. referred to in paragraph 2 shall be treated as a regulated profession; The aptitude test must take account of the fact that the applicant is a qualified professional in the home Member (b) `professional qualifications': qualifications attested by State or the Member State from which he comes. It shall evidence of formal qualifications, an attestation of compe- cover subjects to be selected from those on the list, knowl- tence referred to in Article 11(2)(a) and/or professional edge of which is essential in order to be able to pursue the experience; profession in the host Member State. The test may also include knowledge of the professional rules applicable to (c) `evidence of formal qualifications': diplomas, certificates and the activities in question in the host Member State. other evidence issued by an authority in a Member State designated pursuant to legislative, regulatory or administra- tive provisions of that Member State and certifying The detailed application of the aptitude test and the status, successful completion of professional training obtained in the host Member State, of the applicant who wishes to mainly in the Community. Where the first sentence of this prepare himself for the aptitude test in that State shall be definition does not apply, evidence of formal qualifications determined by the competent authorities in that Member referred to in paragraph 3 shall be treated as evidence of State; formal qualifications; (d) `regulated education and training': any training which is (h) `manager of an undertaking': any person who in an under- specifically geared to the pursuit of a given profession and taking in the occupational field in question has pursued an which comprises a course or courses complemented, where activity: appropriate, by professional training, or probationary or professional practice. i) as a manager of an undertaking or a manager of a The structure and level of the professional training, proba- branch of an undertaking; or tionary or professional practice shall be determined by the laws, regulations or administrative provisions of the Member State concerned or monitored or approved by the ii) as a deputy to the proprietor or the manager of an authority designated for that purpose; undertaking where that post involves responsibility equivalent to that of the proprietor or manager repre- sented; or (e) `professional experience': the actual and lawful pursuit of the profession concerned in a Member State; iii) in a managerial post with duties of a commercial and/ (f) `adaptation period': the pursuit of a regulated profession in or technical nature and with responsibility for one or the host Member State under the responsibility of a quali- more departments of the undertaking. 8.3.2005 EN Official Journal of the European Union C 58 E/7 2. A profession practised by the members of an association (hereinafter referred to as the `Member State of establish- or organisation listed in Annex I shall be treated as a regulated ment'), and profession. (b) where the service provider moves, if he has pursued that The purpose of the associations or organisations referred to in profession in the Member State of establishment for at least the first subparagraph is, in particular, to promote and main- two years during the ten years preceding the provision of tain a high standard in the professional field concerned. To that services when the profession is not regulated in that end they are recognised in a special form by a Member State Member State. The condition requiring two years' pursuit and award evidence of formal qualifications to their members, shall not apply when either the profession or the education ensure that their members respect the rules of professional and training leading to the profession is regulated. conduct which they prescribe, and confer on them the right to use a title or designatory letters or to benefit from a status corresponding to those formal qualifications. 2. The provisions of this title shall apply where the service provider moves to the territory of the host Member State to pursue, on a temporary and occasional basis, the profession On each occasion that a Member State grants recognition to an referred to in paragraph 1. association or organisation referred to in the first subparagraph, it shall inform the Commission, which shall publish an appro- priate notification in the Official Journal of the European Union. The temporary and occasional nature of the provision of services shall be assessed case by case, in particular in relation to its duration, its frequency, its regularity and its continuity. 3. Evidence of formal qualifications issued by a third country shall be regarded as evidence of formal qualifications if the holder has three years' professional experience in the profession concerned on the territory of the Member State 3. Where a service provider moves, he shall be subject to which recognised that evidence of formal qualifications in the disciplinary provisions of a professional or administrative accordance with Article 2(2), certified by that Member State. nature which are directly linked to professional qualifications, such as the definition of the profession, the use of titles and serious professional malpractice which is directly and specifi- cally linked to consumer protection and safety, which are Article 4 applicable in the host Member State to professionals who pursue the same profession in that Member State. 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 as that for which he is Article 6 qualified in the home Member State and to pursue it in the host Member State under the same conditions as its nationals. Exemptions 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 Pursuant to Article 5(1), the host Member State shall exempt State if the activities covered are comparable. service providers established in another Member State from the requirements which it places on professionals established in its territory relating to: TITLE II (a) authorisation by, registration with or membership of a professional organisation or body. In order to facilitate the FREE PROVISION OF SERVICES application of disciplinary provisions in force on their terri- tory according to Article 5(3), Member States may provide either for automatic temporary registration with or for pro forma membership of such a professional organisation or Article 5 body, provided that such registration or membership does not delay or complicate in any way the provision of Principle of the free provision of services services and does not entail any additional costs for the service provider. A copy of the declaration and, where applicable, of the renewal referred to in Article 7(1), accom- 1. Without prejudice to specific provisions of Community panied, for professions which have implications for public law, as well as to Articles 6 and 7 of this Directive, Member health and safety referred to in Article 7(4) or which States shall not restrict, for any reason relating to professional benefit from automatic recognition under Title III qualifications, the free provision of services in another Member Chapter III, by a copy of the documents referred to in State: Article 7(2) shall be sent by the competent authority to the relevant professional organisation or body, and this shall (a) if the service provider is legally established in a Member constitute automatic temporary registration or pro forma State for the purpose of pursuing the same profession there membership for this purpose, C 58 E/8 EN Official Journal of the European Union 8.3.2005 (b) registration with a public social security body for the 4. For the first provision of services, in the case of regulated purpose of settling accounts with an insurer relating to professions having public health or safety implications, which activities pursued for the benefit of insured persons. do not benefit from automatic recognition under Title III Chapter III, the competent authority of the host Member State may check the professional qualifications of the service The service provider shall, however, inform in advance or, in provider prior to the first provision of services. Such a prior an urgent case, afterwards, the body referred to in point (b) of check shall be possible only where the purpose of the check is the services which he has provided. to avoid serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose. Article 7 Within a maximum of one month of receipt of the declaration and accompanying documents, the competent authority shall endeavour to inform the service provider either of its decision Declaration to be made in advance, if the service provider not to check his qualifications or of the outcome of such moves check. Where there is a difficulty which would result in delay, the competent authority shall notify the service provider within the first month of the reason for the delay and the timescale 1. Member States may require that, where the service for a decision, which must be finalised within the second provider first moves from one Member State to another in month of receipt of completed documentation. order to provide services, he shall inform the competent authority in the host Member State in a written declaration to be made in advance including the details of any insurance Where there is a substantial difference between the professional cover or other means of personal or collective protection with qualifications of the service provider and the training required regard to professional liability. Such declaration shall be in the host Member State, to the extent that that difference is renewed once a year if the service provider intends to provide such as to be harmful to public health or safety, the host temporary or occasional services in that Member State during Member State shall give the service provider the opportunity to that year. The service provider may supply the declaration by show, in particular by means of an aptitude test, that he has any means. acquired the knowledge or competence lacking. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the previous sub- 2. Moreover, for the first provision of services or if there is paragraph. a material change in the situation substantiated by the docu- ments, Member States may require that the declaration be accompanied by the following documents: In the absence of a reaction of the competent authority within the deadlines set in the previous subparagraphs, the service (a) proof of the nationality of the service provider, may be provided. (b) an attestation certifying that the holder is legally established in a Member State for the purpose of pursuing the activities In cases where qualifications have been verified under this para- concerned, graph, the service shall be provided under the professional title of the host Member State. (c) evidence of professional qualifications, (d) for cases referred to in Article 5(1)(b), any means of proof that the service provider has pursued the activity concerned Article 8 for at least two years during the previous ten years. 3. The service shall be provided under the professional title Administrative cooperation of the Member State of establishment, insofar as such a title exists in that Member State for the professional activity in ques- tion. That title shall be indicated in the official language or one of the official languages of the Member State of establishment 1. The competent authorities of the host Member State may in such a way as to avoid any confusion with the professional ask the competent authorities of the Member State of establish- title of the host Member State. Where no such professional title ment, for each provision of services, to provide any informa- exists in the Member State of establishment, the service tion relevant to the legality of the service provider's establish- provider shall indicate his formal qualification in the official ment and his good conduct, as well as the absence of any disci- language or one of the official languages of that Member State. plinary or criminal sanctions of a professional nature. The By way of exception, the service shall be provided under the competent authorities of the Member State of establishment professional title of the host Member State for cases referred to shall provide this information in accordance with the provi- in Title III Chapter III. sions of Article 56. 8.3.2005 EN Official Journal of the European Union C 58 E/9 2. The competent authorities shall ensure the exchange of which the applicant, for specific and exceptional reasons, does all information necessary for complaints by a recipient of a not satisfy the conditions laid down in those Chapters: service against a service provider to be correctly pursued. Reci- pients shall be informed of the outcome of the complaint. (a) for activities listed in Annex IV, when the migrant does not meet the requirements set out in Articles 17, 18 and 19; Article 9 Information to be given to the recipients of the service (b) for doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, phar- In cases where the service is provided under the professional macists and architects, when the migrant does not meet the title of the Member State of establishment or under the formal requirements of effective and lawful professional practice qualification of the service provider, in addition to the other referred to in Articles 23, 27, 33, 37, 39, 43 and 49; requirements relating to information contained in Community law, the competent authorities of the host Member State may require the service provider to furnish the recipient of the service with any or all of the following information: (c) for architects, when the migrant holds evidence of formal qualification not listed in Annex V, point 5.7; (a) if the service provider is registered in a commercial register or similar public register, the register in which he is regis- tered, his registration number, or equivalent means of iden- (d) without prejudice to Articles 21(1), 23 and 27, for doctors, tification contained in that register; nurses, dental practitioners, veterinary surgeons, midwives, pharmacists and architects holding evidence of formal (b) if the activity is subject to authorisation in the Member qualifications as a specialist, which must follow the training State of establishment, the name and address of the compe- leading to the possession of a title listed in Annex V, points tent supervisory authority; 5.1.1, 5.2.2, 5.3.2, 5.4.2, 5.5.2, 5.6.2 and 5.7.1, and solely for the purpose of the recognition of the relevant specialty; (c) any professional association or similar body with which the service provider is registered; (e) for nurses responsible for general care and specialised (d) the professional title or, where no such title exists, the nurses holding evidence of formal qualifications as a specia- formal qualification of the service provider and the Member State in which it was awarded; list which follows the training leading to the possession of a title listed in Annex V, point 5.2.2, when the migrant (e) if the service provider performs an activity which is subject seeks recognition in another Member State where the rele- to VAT, the VAT identification number referred to in vant professional activities are pursued by specialised Article 22(1) of the Sixth Council Directive 77/388/EEC of nurses without training as general care nurse; 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (1), (f) for specialised nurses without training as general care nurse, when the migrant seeks recognition in another (f) details of any insurance cover or other means of personal Member State where the relevant professional activities are or collective protection with regard to professional liability. pursued by nurses responsible for general care, specialised nurses without training as general care nurse or specialised nurses holding evidence of formal qualifications as a specia- TITLE III list which follows the training leading to the possession of the titles listed in Annex V, point 5.2.2; FREEDOM OF ESTABLISHMENT (g) for migrants meeting the requirements set out in Article 3(3). CHAPTER I GENERAL SYSTEM FOR THE RECOGNITION OF EVIDENCE OF TRAINING Article 11 Article 10 Scope Levels of qualification This Chapter applies to all professions which are not covered by Chapters II and III of this Title and in the following cases in (1) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 1. For the purpose of applying Article 13, four levels of 2004/66/EC (OJ L 168, 1.5.2004, p. 35). professional qualification are established. C 58 E/10 EN Official Journal of the European Union 8.3.2005 2. Level A corresponds to an attestation of competence training, as well as the professional training which may be issued by a competent authority in the home Member State required in addition to that post-secondary course. designated pursuant to legislative, regulatory or administrative provisions of that Member State, on the basis of: (a) either a training course not forming part of a certificate or Article 12 diploma within the meaning of paragraphs 3, 4 and 5, or a specific examination without prior training, or full-time pursuit of the profession in a Member State for three conse- cutive years or for an equivalent duration on a part-time Equal treatment of qualifications basis during the previous 10 years, Any evidence of formal qualifications or set of evidence of (b) or general primary or secondary education, attesting that formal qualifications issued by a competent authority in a the holder has acquired general knowledge. Member State, certifying successful completion of training in the Community which is recognised by that Member State as being of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or 3. Level B corresponds to a certificate attesting to a prepares for the pursuit of that profession, shall be treated as successful completion of a secondary course, evidence of formal qualifications of the type covered by Article 11, including the level in question. (a) either general in character, supplemented by a course of study or professional training other than those referred to Any professional qualification which, although not satisfying in paragraph 4 and/or by the probationary or professional the requirements contained in the legislative, regulatory or practice required in addition to that course, administrative provisions in force in the home Member State for access to or the pursuit of a profession, confers on the holder acquired rights by virtue of these provisions, shall also be treated as such evidence of formal qualifications under the (b) or technical or professional in character, supplemented same conditions as set out in the first subparagraph. where appropriate by a course of study or professional training as referred to in point (a), and/or by the proba- tionary or professional practice required in addition to that course. Article 13 4. Level C corresponds to a diploma certifying successful completion of Conditions for recognition (a) either training at post-secondary level other than that referred to in paragraph 5 of a duration of at least one 1. If access to or pursuit of a regulated profession in a host year, one of the conditions of entry of which is, as a Member State is contingent upon possession of specific profes- general rule, the successful completion of the secondary sional qualifications, the competent authority of that Member course required to obtain entry to university or higher State shall permit access to and pursuit of that profession, education, as well as the professional training which may under the same conditions as apply to its nationals, to appli- be required in addition to that post-secondary course; cants possessing the attestation of competence or evidence of formal qualifications required by another Member State in order to gain access to and pursue that profession on its terri- tory. (b) or, in the case of a regulated profession, training with a special structure, included in Annex II, equivalent to the level of training provided for under (a), which provides a Attestations of competence or evidence of formal qualifications comparable professional standard and which prepares the shall satisfy the following conditions: trainee for a comparable level of responsibilities and func- tions. The list in Annex II may be amended in accordance with the procedure referred to in Article 58(2) in order to (a) they shall have been issued by a competent authority in a take account of training which meets the requirements Member State, designated in accordance with the legislative, provided for in the previous sentence. regulatory or administrative provisions of that Member State; 5. Level D corresponds to a diploma certifying successful (b) they shall attest a level of professional qualification at least completion of training at post-secondary level of at least three equivalent to the level immediately prior to that which is years' duration, at a university or establishment of higher required in the host Member State, as described in education or another establishment providing the same level of Article 11. 8.3.2005 EN Official Journal of the European Union C 58 E/11 2. Access to and pursuit of the profession, as described in (b) the training he has received covers substantially different paragraph 1, shall also be granted to applicants who have matters than those covered by the evidence of formal quali- pursued the profession referred to in that paragraph on a full- fications required in the host Member State; 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 qualifications. (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 Attestations of competence and evidence of formal qualifica- applicant's home Member State within the meaning of tions shall satisfy the following conditions: 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 (a) they shall have been issued by a competent authority in a the applicant's attestation of competence or evidence of Member State, designated in accordance with the legislative, formal qualifications. regulatory or administrative provisions of that Member State; 2. If the host Member State makes use of the option (b) they shall attest a level of professional qualification at least provided for in paragraph 1, it must offer the applicant the equivalent to the level immediately prior to that required in choice between an adaptation period and an aptitude test. the host Member State, as described in Article 11; (c) they shall attest that the holder has been prepared for the pursuit of the profession in question. Where a Member State considers, with respect to a given profession, that it is necessary to derogate from the require- The two years' professional experience referred to in the first ment, set out in the previous subparagraph, that it give the subparagraph may not, however, be required if the evidence of applicant a choice between an adaptation period and an apti- formal qualifications which the applicant possesses certifies tude test, it shall inform the other Member States and the regulated education and training within the meaning of Commission in advance and provide sufficient justification for Article 3(1)(d) at levels B, C or D as described in Article 11. the derogation. The regulated education and training listed in Annex III shall be considered as such regulated education and training at level C. The list in Annex III may be amended in accordance with the procedure referred to in Article 58(2) in order to take account of regulated education and training which provides a If, after receiving all necessary information, the Commission comparable professional standard and which prepares the considers that the derogation referred to in the second sub- trainee for a comparable level of responsibilities and functions. paragraph 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. 3. The host Member State shall not be obliged to apply this In the absence of a response from the Commission within the Article where access to a regulated profession is contingent in above-mentioned deadline, the derogation may be applied. its territory upon possession of a level D qualification certifying successful completion of higher or university education of more than four years' duration, and where the applicant possesses a level C qualification. 3. By way of derogation from the principle of the right of the applicant to choose, as laid down in paragraph 2, for professions whose pursuit requires precise knowledge of national law and in respect of which the provision of advice and/or assistance concerning national law is an essential and Article 14 constant aspect of the professional activity, the host Member State may stipulate either an adaptation period or an aptitude test. Compensation measures 1. Article 13 does not preclude the host Member State from requiring the applicant to complete an adaptation period of up This applies also to the cases provided for in Article 10 (b) and to three years or to take an aptitude test if: (c), in Article 10 (d) concerning doctors and dental practi- tioners, in Article 10 (f) when the migrant seeks recognition in another Member State where the relevant professional activities (a) the duration of the training of which he provides evidence are pursued by nurses responsible for general care or specia- under the terms of Article 13, paragraph 1 or 2, is at least lised nurses holding evidence of formal qualifications as a one year shorter than that required by the host Member specialist which follows the training leading to the possession State; of the titles listed in Annex V, point 5.2.2 and in Article 10 (g). C 58 E/12 EN Official Journal of the European Union 8.3.2005 In the cases covered by Article 10(a), the host Member State with paragraph 2, the host Member State shall waive the appli- may require an adaptation period or an aptitude test if the cation of compensation measures under Article 14. migrant envisages pursuing professional activities in a self- employed capacity or as a manager of an undertaking which require the knowledge and the application of the specific 4. Paragraphs 1 to 3 shall not affect the competence of national rules in force, provided that knowledge and applica- Member States to decide the professional qualifications required tion of those rules are required by the competent authorities of for the pursuit of professions in their territory as well as the the host Member State for access to such activities by its own contents and the organisation of their systems of education and nationals. professional training. 5. If a Member State considers that the criteria established in 4. For the purpose of applying paragraph 1(b) and (c), a measure adopted in accordance with paragraph 2 no longer `substantially different matters' means matters of which knowl- offer adequate guarantees with regard to professional qualifica- edge is essential for pursuing the profession and with regard to tions, it shall inform the Commission accordingly, which shall, which the training received by the migrant shows important if appropriate, present a draft measure in accordance with the differences in terms of duration or content from the training procedure referred to in Article 58(2). required by the host Member State. 6. The Commission shall, by... (*), submit to the European Parliament and the Council a report on the operation of this 5. Paragraph 1 shall be applied with due regard to the prin- Article and, if necessary, appropriate proposals for amending ciple of proportionality. In particular, if the host Member State this Article. 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 third CHAPTER II country, is of a nature to cover, in full or in part, the substan- tial difference referred to in paragraph 4. RECOGNITION OF PROFESSIONAL EXPERIENCE Article 16 Article 15 Requirements regarding professional experience Waiving of compensation measures on the basis of common platforms If, in a Member State, access to or pursuit of one of the activ- ities 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 1. For the purpose of this Article, `common platforms' is activity in another Member State as sufficient proof of such defined as a set of criteria of professional qualifications which knowledge and aptitudes. The activity must have been pursued are suitable for compensating for substantial differences which in accordance with Articles 17, 18 and 19. have been identified between the training requirements existing in the various Member States for a given profession. These substantial differences shall be identified by comparison between the duration and contents of the training in at least Article 17 two thirds of the Member States, including all Member States which regulate this profession. The differences in the contents of the training may result from substantial differences in the Activities referred to in list I of Annex IV scope of the professional activities. 1. For the activities in list I of Annex IV, the activity in ques- tion must have been previously pursued: 2. Common platforms as defined in paragraph 1 may be submitted to the Commission by Member States or by profes- (a) for six consecutive years on a self-employed basis or as a sional associations which are representative at national and manager of an undertaking; or European level. If the Commission, after consulting the Member States, is of the opinion that a draft common platform facilitates the mutual recognition of professional qualifications, (b) for three consecutive years on a self-employed basis or as a it may present draft measures with a view to their adoption in manager of an undertaking, where the beneficiary proves accordance with the procedure referred to in Article 58(2). that he has received previous training of at least three years for the activity in question, evidenced by a certificate recog- nised by the Member State or judged by a competent professional body to be fully valid; or 3. Where the applicant's professional qualifications satisfy the criteria established in the measure adopted in accordance (*) Five years after entry into force of this Directive. 8.3.2005 EN Official Journal of the European Union C 58 E/13 (c) for four consecutive years on a self-employed basis or as a that he has pursued the activity in question on an manager of an undertaking, where the beneficiary can employed basis for at least five years, or 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 (e) for five consecutive years on an employed basis, if the competent professional body to be fully valid; or beneficiary can prove that he has received, for the activity in question, previous training of at least three years' dura- tion, as attested by a certificate recognised by the Member (d) for three consecutive years on a self-employed basis, if the State or judged by a competent professional body to be beneficiary can prove that he has pursued the activity in fully valid, or question on an employed basis for at least five years; or (f) for six consecutive years on an employed basis, if the bene- (e) for five consecutive years in an executive position, of which ficiary can prove that he has received previous training in at least three years involved technical duties and responsi- the activity in question of at least two years' duration, as bility for at least one department of the company, if the attested by a certificate recognised by the Member State or beneficiary can prove that he has received, for the activity judged by a competent professional body to be fully valid. in question, previous training of at least three years' dura- tion, as attested by a certificate recognised by the Member State or judged by a competent professional body to be 2. In cases (a) and (d), the activity must not have finished fully valid. 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 56. 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 56. 3. Paragraph 1(e) shall not apply to activities in Group Ex Article 19 855, hairdressing establishments, of the ISIC Nomenclature. Activities referred to in list III of Annex IV Article 18 1. For the activities in list III of Annex IV, the activity in question must have been previously pursued: Activities referred to in list II of Annex IV (a) for three consecutive years, either on a self-employed basis or as a manager of an undertaking, or 1. For the activities in list II of Annex IV, the activity in (b) for two consecutive years, either on a self-employed basis question must have been previously pursued: or as a manager of an undertaking, if the beneficiary can prove that he has received previous training for the activity (a) for five consecutive years on a self-employed basis or as a in question, as attested by a certificate recognised by the manager of an undertaking, or Member State or judged by a competent professional body to be fully valid, or (b) for three consecutive years on a self-employed basis or as a manager of an undertaking, where the beneficiary proves (c) for two consecutive years, either on a self-employed basis that he has received previous training of at least three years or as a manager of an undertaking, if the beneficiary can for the activity in question, evidenced by a certificate recog- prove that he has pursued the activity in question on an nised by the Member State or judged by a competent employed basis for at least three years, or professional body to be fully valid, or (d) for three consecutive years, on an employed basis, if the (c) for four consecutive years on a self-employed basis or as a beneficiary can prove that he has received previous training manager of an undertaking, where the beneficiary can for the activity in question, as attested by a certificate prove that he has received, for the activity in question, recognised by the Member State or judged by a competent previous training of at least two years' duration, attested by professional body to be fully valid. a certificate recognised by the Member State or judged by a competent professional body to be fully valid, or 2. In cases (a) and (c), the activity must not have finished more than ten years before the date on which the complete (d) for three consecutive years on a self-employed basis or as a application was submitted by the person concerned to the manager of an undertaking, if the beneficiary can prove competent authority referred to in Article 56. C 58 E/14 EN Official Journal of the European Union 8.3.2005 Article 20 the Member States by the other Member States in accordance with the minimum training conditions laid down in Article 28. Amendment of the lists of activities in Annex IV The lists of activities in Annex IV which are the subject of The provisions of the previous subparagraph do not affect the recognition of professional experience pursuant to Article 16 acquired rights referred to in Article 30. may be amended in accordance with the procedure referred to in Article 58(2) with a view to updating or clarifying the nomenclature, provided that this does not involve any change in the activities related to the individual categories. 3. Each Member State shall recognise evidence of formal qualifications as a midwife, awarded to nationals of Member States by the other Member States, listed in Annex V, point 5.5.2, which complies with the minimum training condi- tions referred to in Article 40 and satisfies the criteria set out CHAPTER III in Article 41, 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 qualifica- RECOGNITION ON THE BASIS OF COORDINATION OF MINIMUM TRAINING CONDITIONS tions which it itself issues. This provision does not affect the acquired rights referred to in Articles 23 and 43. SECTION 1 4. Member States shall not be obliged to give effect to evidence of formal qualifications referred to in Annex V, General Provisions point 5.6.2, for the setting up of new pharmacies open to the public. For the purposes of this paragraph, pharmacies which have been open for less than three years shall also be consid- ered as new pharmacies. Article 21 5. Evidence of formal qualifications as an architect referred Principle of automatic recognition to in Annex V, point 5.7.1, which is subject to automatic recognition pursuant to paragraph 1, proves completion of a course of training which began not earlier than during the 1. Each Member State shall recognise evidence of formal academic reference year referred to in that Annex. qualifications as doctor giving access to the professional activ- ities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as phar- macist and as architect, listed in Annex V, points 5.1.1, 5.1.2, 6. Each Member State shall make access to and pursuit of 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 respectively, which the professional activities of doctors, nurses responsible for satisfy the minimum training conditions referred to in Arti- general care, dental practitioners, veterinary surgeons, midwives cles 24, 25, 31, 34, 35, 38, 44 and 46 respectively, and shall, and pharmacists subject to possession of evidence of formal for the purposes of access to and pursuit of the professional qualifications referred to in Annex V, points 5.1.1, 5.1.2, 5.1.4, activities, give such evidence the same effect on its territory as 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 respectively, attesting the evidence of formal qualifications which it itself issues. that the person concerned has acquired, over the duration of his training, and where appropriate, the knowledge and skills referred to in Articles 24(3), 31(6), 34(3), 38(3), 40(3) and Such evidence of formal qualifications must be issued by the 44(3). competent bodies in the Member States and accompanied, where appropriate, by the certificates listed in Annex V, points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 respectively. The knowledge and skills referred to in Articles 24(3), 31(6), 34(3), 38(3), 40(3) and 44(3) may be amended in accordance with the procedure referred to in Article 58(2) with a view to The provisions of the first and second subparagraphs do not adapting them to scientific and technical progress. affect the acquired rights referred to in Articles 23, 27, 33, 37, 39 and 49. 2. Each Member State shall recognise, for the purpose of Such updates shall not entail, for any Member State, an amend- pursuing general medical practice in the framework of its ment of its existing legislative principles regarding the structure national social security system, evidence of formal qualifica- of professions as regards training and conditions of access by tions listed in Annex V, point 5.1.4 and issued to nationals of natural persons. 8.3.2005 EN Official Journal of the European Union C 58 E/15 7. Each Member State shall notify the Commission of the and lawfully engaged in the activities in question for at least legislative, regulatory and administrative provisions which it three consecutive years during the five years preceding the adopts with regard to the issuing of evidence of formal qualifi- award of the certificate. cations in the area covered by this Chapter. In addition, for evidence of formal qualifications in the area referred to in Section 8, this notification shall be addressed to the other Member States. 2. The same provisions shall apply to evidence of formal qualifications as doctor giving access to the professional activ- The Commission shall publish an appropriate communication ities of doctor with basic training and specialised doctor, as in the Official Journal of the European Union, indicating the nurse responsible for general care, as dental practitioner, as titles adopted by the Member States for evidence of formal specialised dental practitioner, as veterinary surgeon, as qualifications and, where appropriate, the body which issues midwife and as pharmacist, obtained in the territory of the the evidence of formal qualifications, the certificate which former German Democratic Republic, which does not satisfy all accompanies it and the corresponding professional title referred the minimum training requirements laid down in Articles 24, to in Annex V, points 5.1.1, 5.1.2, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 25, 31, 34, 35, 38, 40 and 44 if such evidence certifies 5.4.2, 5.5.2, 5.6.2 and 5.7.1 respectively. successful completion of training which began before: (a) 3 October 1990 for doctors with basic training, nurses responsible for general care, dental practitioners with basic Article 22 training, specialised dental practitioners, veterinary surgeons, midwives and pharmacists, and Common provisions on training (b) 3 April 1992 for specialised doctors. With regard to the training referred to in Articles 24, 25, 28, 31, 34, 35, 38, 40, 44 and 46: The evidence of formal qualifications referred to in the first subparagraph confers on the holder the right to pursue profes- (a) Member States may authorise part-time training under sional activities throughout German territory under the same conditions laid down by the competent authorities; those conditions as evidence of formal qualifications issued by the authorities shall ensure that the overall duration, level and competent German authorities referred to in Annex V, quality of such training is not lower than that of contin- points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2. uous full-time training; (b) in accordance with the procedures specific to each Member State, continuing education and training shall ensure that 3. Without prejudice to the provisions of Article 37(1), each persons who have completed their studies are able to keep Member State shall recognise evidence of formal qualifications abreast of professional developments to the extent neces- as doctor giving access to the professional activities of doctor sary to maintain safe and effective practice. with basic training and specialised doctor, as nurse responsible for general care, as veterinary surgeon, as midwife, as pharma- cist and as architect held by Member States nationals and issued by the former Czechoslovakia, or whose training Article 23 commenced, for the Czech Republic and Slovakia, before 1 January 1993, where the authorities of either of the two aforementioned Member States attest that such evidence of formal qualifications has the same legal validity within their Acquired rights territory as the evidence of formal qualifications which they issue and, with respect to architects, as the evidence of formal qualifications specified for those Member States in Annex VI, 1. Without prejudice to the acquired rights specific to the point 6.2, as regards access to the professional activities of professions concerned, in cases where the evidence of formal doctor with basic training, specialised doctor, nurse responsible qualifications as doctor giving access to the professional activ- for general care, veterinary surgeon, midwife, pharmacist with ities of doctor with basic training and specialised doctor, as respect to the activities referred to in Article 45(2), and archi- nurse responsible for general care, as dental practitioner, as tect with respect to the activities referred to in Article 48, and specialised dental practitioner, as veterinary surgeon, as the pursuit of such activities. midwife and as pharmacist held by Member States nationals does not satisfy all the training requirements referred to in Arti- cles 24, 25, 31, 34, 35, 38, 40 and 44, each Member State shall recognise as sufficient proof evidence of formal qualifica- tions issued by those Member States insofar as such evidence Such an attestation must be accompanied by a certificate issued attests successful completion of training which began before by those same authorities stating that such persons have effec- the reference dates laid down in Annex V, points 5.1.1, 5.1.2, tively and lawfully been engaged in the activities in question 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 and is accompanied within their territory for at least three consecutive years during by a certificate stating that the holders have been effectively the five years prior to the date of issue of the certificate. C 58 E/16 EN Official Journal of the European Union 8.3.2005 4. Each Member State shall recognise evidence of formal as the evidence of formal qualifications specified for those qualifications as doctor giving access to the professional activ- Member States in Annex VI, point 6.2, as regards access to the ities of doctor with basic training and specialised doctor, as professional activities of doctor with basic training, specialised nurse responsible for general care, as dental practitioner, as doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, as veterinary surgeon, as specialised dental practitioner, veterinary surgeon, midwife, midwife, as pharmacist and as architect held by nationals of the pharmacist with respect to the activities referred to in Article Member States and issued by the former Soviet Union, or 45(2), and architect with respect to the activities referred to in whose training commenced Article 48, and the pursuit of such activities. (a) for Estonia, before 20 August 1991, Such an attestation must be accompanied by a certificate issued by those same authorities stating that such persons have effec- tively and lawfully been engaged in the activities in question within their territory for at least three consecutive years during (b) for Latvia, before 21 August 1991, the five years prior to the date of issue of the certificate. (c) for Lithuania, before 11 March 1990, 6. Each Member State shall recognise as sufficient proof for Member State nationals whose evidence of formal qualifications as a doctor, nurse responsible for general care, dental practi- tioner, veterinary surgeon, midwife and pharmacist does not where the authorities of any of the three aforementioned correspond to the titles given for that Member State in Member States attest that such evidence has the same legal Annex V, points 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, validity within their territory as the evidence which they issue 5.4.2, 5.5.2 and 5.6.2, evidence of formal qualifications issued and, with respect to architects, as the evidence of formal quali- by those Member States accompanied by a certificate issued by fications specified for those Member States in Annex VI, point the competent authorities or bodies. 6.2, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, The certificate referred to in the first subparagraph shall state veterinary surgeon, midwife, pharmacist with respect to the that the evidence of formal qualifications certifies successful activities referred to in Article 45(2), and architect with respect completion of training in accordance with Articles 24, 25, 28, to the activities referred to in Article 48, and the pursuit of 31, 34, 35, 38, 40 and 44 respectively and is treated by the such activities. Member State which issued it in the same way as the qualifica- tions whose titles are listed in Annex V, points 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2. Such an attestation must be accompanied by a certificate issued by those same authorities stating that such persons have effec- tively and lawfully been engaged in the activities in question within their territory for at least three consecutive years during the five years prior to the date of issue of the certificate. SECTION 2 Doctors of medicine With regard to evidence of formal qualifications as veterinary surgeons issued by the former Soviet Union or in respect of which training commenced, for Estonia, before 20 August 1991, the attestation referred to in the preceding subparagraph Article 24 must be accompanied by a certificate issued by the Estonian authorities stating that such persons have effectively and lawfully been engaged in the activities in question within their territory for at least five consecutive years during the seven Basic medical training years prior to the date of issue of the certificate. 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. 5. Each Member State shall recognise evidence of formal qualifications as doctor giving access to the professional activ- ities of doctor with basic training and specialised doctor, as 2. Basic medical training shall comprise a total of at least six nurse responsible for general care, as dental practitioner, as years of study or 5 500 hours of theoretical and practical specialised dental practitioner, as veterinary surgeon, as training provided by, or under the supervision of, a university. midwife, as pharmacist and as architect held by nationals of the Member States and issued by the former Yugoslavia, or whose training commenced, for Slovenia, before 25 June 1991, where For persons who began their studies before 1 January 1972, the authorities of the aforementioned Member State attest that the course of training referred to in the first subparagraph may such evidence has the same legal validity within their territory comprise six months of full-time practical training at university as the evidence which they issue and, with respect to architects, level under the supervision of the competent authorities. 8.3.2005 EN Official Journal of the European Union C 58 E/17 3. Basic medical training shall provide an assurance that the including duty on call, in such a way that the trainee specialist person in question has acquired the following knowledge and devotes all his professional activity to his practical and theore- skills: tical training throughout the entire working week and throughout the year, in accordance with the procedures laid down by the competent authorities. Accordingly, these posts (a) adequate knowledge of the sciences on which medicine is shall be the subject of appropriate remuneration. 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; 4. 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, (b) sufficient understanding of the structure, functions and point 5.1.1. behaviour of healthy and sick persons, as well as relations between the state of health and physical and social surroundings of the human being; 5. The minimum periods of training referred to in Annex V, point 5.1.3 may be amended in accordance with the procedure (c) adequate knowledge of clinical disciplines and practices, referred to in Article 58(2) with a view to adapting them to providing him with a coherent picture of mental and scientific and technical progress. physical diseases, of medicine from the points of view of prophylaxis, diagnosis and therapy and of human reproduc- tion; (d) suitable clinical experience in hospitals under appropriate Article 26 supervision. Types of specialist medical training Article 25 Evidence of formal qualifications as a specialised doctor referred to in Article 21 is such evidence awarded by the competent authorities or bodies referred to in Annex V, Specialist medical training point 5.1.2 as corresponds, for the specialised training in ques- tion, to the titles in use in the various Member States and referred to in Annex V, point 5.1.3. 1. Admission to specialist medical training shall be contin- gent upon completion and validation of six years of study as part of a training programme referred to in Article 24 in the The inclusion in Annex V, point 5.1.3 of new medical special- course of which the trainee has acquired the relevant knowl- ties common to at least two fifths of the Member States may be edge of basic medicine. decided on in accordance with the procedure referred to in Article 58(2) with a view to updating this Directive in the light of changes in national legislation. 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. Article 27 The Member States shall ensure that the minimum duration of specialist medical training courses referred to in Annex V, Acquired rights specific to specialised doctors point 5.1.3 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 parti- cipation of the trainee specialised doctor in the activity and 1. A host Member State may require of specialised doctors responsibilities entailed by the services in question. 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 3. Training shall be given on a full-time basis at specific qualifications be accompanied by a certificate stating that they establishments which are recognised by the competent authori- have been effectively and lawfully engaged in the relevant activ- ties. It shall entail participation in the full range of medical ities for at least three consecutive years during the five years activities of the department where the training is given, preceding the award of that certificate. C 58 E/18 EN Official Journal of the European Union 8.3.2005 2. Every Member State shall recognise the qualification of to in Annex V, point 5.1.2 and Annex VI, point 6.1 and which specialised doctors awarded in Spain to doctors who completed has adopted measures relating to acquired rights benefiting its their specialist training before 1 January 1995, even if that nationals, shall grant nationals of other Member States the right training does not satisfy the minimum training requirements to benefit from those measures, insofar as such evidence of provided for in Article 25, insofar as that qualification is formal qualifications was issued before the date on which the accompanied by a certificate issued by the competent Spanish host Member State ceased to issue such evidence for the speci- authorities and attesting that the person concerned has passed alty in question. 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 The dates on which these provisions were repealed are set out skill comparable to that of doctors who possess a qualification in Annex V, point 5.1.3 and Annex VI, point 6.1. as a specialised doctor defined for Spain in Annex V, points 5.1.2 and 5.1.3. Article 28 3. Every Member State which applies relevant legislative, regulatory or administrative provisions shall accept as sufficient Specific training in general medical practice proof evidence of formal qualifications 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 1. Admission to specific training in general medical practice began before the reference date referred to in Annex V, shall be contingent on the completion and validation of point 5.1.2 and are accompanied by a certificate stating that six years of study as part of a training programme referred to the holders have been effectively and lawfully engaged in the in Article 24. activities in question for at least three consecutive years during the five years preceding the award of the certificate. 2. The specific training in general medical practice 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 evidence of formal qualifications The same provisions shall apply to evidence of formal qualifica- issued after that date, the training shall be of a duration of at tions as a specialised doctor obtained in the territory of the least three years on a full-time basis. former German Democratic Republic if it attests a course of training which began before 3 April 1992 and confers on the holder the right to pursue the professional activities throughout Where the training programme referred to in Article 24 German territory under the same conditions as evidence of comprises practical training given by an approved hospital formal qualifications awarded by the competent German autho- possessing appropriate general medical equipment and services rities referred to in Annex VI, point 6.1. 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. 4. Every Member State which applies relevant legislative, regulatory or administrative provisions shall accept evidence of formal qualifications as a specialised doctor corresponding, for the specialist training in question, to the titles listed in The option provided for in the second subparagraph shall be Annex VI, point 6.1, awarded by the Member States listed available only for Member States in which the specific training therein and attesting a course of training which began after the in general medical practice lasted two years as of reference date laid down in Annex V, point 5.1.2 and 1 January 2001. before... (*), 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 evidence of formal qualifications which it itself issues. 3. The specific training in general medical practice 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. 5. Every Member State which has repealed its legislative, The practical training shall be given, on the one hand, for at regulatory or administrative provisions relating to the award of least six months in an approved hospital possessing appropriate evidence of formal qualifications as a specialised doctor referred equipment and services and, on the other hand, for at least six months as part of an approved general medical practice or an (*) Two years after entry into force of this Directive. approved centre at which doctors provide primary health care. 8.3.2005 EN Official Journal of the European Union C 58 E/19 The practical training shall take place in conjunction with other Article 30 health establishments or structures concerned with general medicine. Without prejudice to the minimum periods laid down in the second subparagraph, however, the practical Acquired rights specific to general practitioners training may be given during a period of not more than six months in other approved establishments or health structures concerned with general medicine. 1. Each Member State shall determine the acquired rights. It shall, however, confer as an acquired right the right to pursue the activities of a general practitioner in the framework of its national social security system, without the evidence of formal The training shall require the personal participation of the qualifications referred to in Annex V, point 5.1.4, on all trainee in the professional activity and responsibilities of the doctors who enjoy this right as of the reference date stated in persons with whom he is working. that point by virtue of provisions applicable to the medical profession giving access to the professional activities of doctor with basic training and who are established as of that date on 4. Member States shall make the issuance of evidence of its territory, having benefited from the provisions of Articles 21 formal qualifications in general medical practice subject to or 23. possession of evidence of formal qualifications in basic medical training referred to in Annex V, point 5.1.1. 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 5. Member States may issue evidence of formal qualifica- national social security systems, without the evidence of formal tions referred to in Annex V, point 5.1.4 to a doctor who has qualifications referred to in Annex V, point 5.1.4, to doctors not completed the training provided for in this Article but who who enjoy acquired rights pursuant to the first subparagraph. has completed a different, supplementary training, as attested by evidence of formal qualifications issued by the competent authorities in a Member State. They may not, however, award 2.