FOR INTERNAL WORKING PURPOSES ONLY EC Proposal IMCO amendments Council (2 4/05… · 2013. 9....

FOR INTERNAL WORKING PURPOSES ONLY 20/06/13

EC Proposal IMCO amendments Council (24/05/13) Final text

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Proposal for a

DIRECTIVE OF THE EUROPEANPARLIAMENT AND OF THE

COUNCIL

amending Directive 2005/36/EC on therecognition of professional

qualifications and Regulation onadministrative cooperation through the

Internal Market Information System

(Text with EEA relevance)

Proposal for a


COUNCIL


qualifications and Regulation onadministrative cooperation through the

Internal Market Information System

Proposal for a


COUNCIL


qualifications and Regulation (EU) No1024/2012 on administrative

cooperation through the InternalMarket Information System andrepealing Commission Decision

2008/49/EC ('the IMI Regulation')1

Proposal for a


COUNCIL


qualifications and Regulation (EU) No1024/2012 on administrative

cooperation through the InternalMarket Information System andrepealing Commission Decision

2008/49/EC ('the IMI Regulation')2

THE EUROPEAN PARLIAMENT ANDTHE COUNCIL OF THE EUROPEANUNION,



Having regard to the Treaty on theFunctioning of the European Union, andin particular Articles 46, 53(1), 62 and114 thereof,

Having regard to the proposal from theEuropean Commission,

Having regard to the Treaty on theFunctioning of the European Union, andin particular Articles 46, 53(1) and 62 and114 thereof,


Having regard to the Treaty on theFunctioning of the European Union, andin particular Articles 46, 53(1) and 62 and114 thereof,


1 OJ L 316, 14.11.2012, p. 1.2 OJ L 316, 14.11.2012, p. 1.



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After transmission of the draft legislativeact to the national Parliaments,

Having regard to the opinion of theEuropean Economic and SocialCommittee3

Acting in accordance with the ordinarylegislative procedure,,


Having regard to the opinion of theEuropean Economic and SocialCommittee4,

Acting in accordance with the ordinarylegislative procedure,


Having regard to the opinion of theEuropean Economic and SocialCommittee5,

Acting in accordance with the ordinarylegislative procedure,

Whereas: Whereas: Whereas:

Recital 1

(1) Directive 2005/36/EC of the EuropeanParliament and of the Council of 7September 2005 on the recognition ofprofessional qualifications6 consolidateda system of mutual recognition whichwas initially based on 15 Directives. Itprovides for automatic recognition for alimited number of professions based onharmonised minimum trainingrequirements (sectoral professions), ageneral system for the recognition ofevidence of training and automaticrecognition of professional experience.Directive 2005/36/EC also established anew system of free provision of services.

(1) Directive 2005/36/EC of the EuropeanParliament and of the Council of 7September 2005 on the recognition ofprofessional qualifications7 consolidated asystem of mutual recognition which wasinitially based on 15 Directives. Itprovides for automatic recognition for alimited number of professions based onharmonised minimum trainingrequirements (sectoral professions), ageneral system for the recognition ofevidence of training and automaticrecognition of professional experience.Directive 2005/36/EC also established anew system of free provision of services.

(1) Directive 2005/36/EC of the EuropeanParliament and of the Council of 7September 2005 on the recognition ofprofessional qualifications8 consolidated asystem of mutual recognition which wasinitially based on 15 Directives. Itprovides for automatic recognition for alimited number of professions based onharmonised minimum trainingrequirements (sectoral professions), ageneral system for the recognition ofevidence of training and automaticrecognition of professional experience.Directive 2005/36/EC also established anew system of free provision of services.

3 OJ C […], […], p. […].4 OJ C 191, 29.6.2012, p.103.5 OJ C 191, 29.6.2012, p.103.6 OJ L 255, 30.9.2005, p.22.7 OJ L 255, 30.9.2005, p.22.8 OJ L 255, 30.9.2005, p.22.



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It should be recalled that third countryfamily members of Union citizens benefitfrom equal treatment in accordance withArticle 24 of Directive 2004/38/EC.Third country nationals may also benefitfrom equal treatment with regard torecognition of diplomas, certificates andother professional qualifications, inaccordance with the relevant nationalprocedures, according to specific Unionlegislation such as acts on long termresidence, refugees, "blue card holders"and scientific researchers.

It should be recalled that third countryfamily members of Union citizens benefitfrom equal treatment in accordance withArticle 24 of Directive 2004/38/EC. Thirdcountry nationals may also benefit fromequal treatment with regard to recognitionof diplomas, certificates and otherprofessional qualifications, in accordancewith the relevant national procedures,according to specific Union legislationsuch as acts on long term residence,refugees, "blue card holders" andscientific researchers.

It should be recalled that third countryfamily members of Union citizens benefitfrom equal treatment in accordance withArticle 24 of Directive 2004/38/EC. Thirdcountry nationals may also benefit fromequal treatment with regard to recognitionof diplomas, certificates and otherprofessional qualifications, in accordancewith the relevant national procedures,according to specific Union legislationsuch as acts on long term residence,refugees, "blue card holders" andscientific researchers.

Recital 2

(2) In its Communication 'Single MarketAct, Twelve levers to boost growth andstrengthen confidence, “Working togetherto create new growth”'9, the Commissionidentified the need to modernise theUnion legislation in this area. On 23October 2011, the European Council in itsconclusions supported such amodernisation and called for anagreement by the end of 2012. In itsresolution of 15 November 2011, theEuropean Parliament also invited theCommission to come forward with aproposal. The EU Citizenship report 2010on dismantling the obstacles to EUcitizens' rights10 underlines the need tolighten the administrative burden linked tothe recognition of professional

(2) In its Communication 'Single MarketAct, Twelve levers to boost growth andstrengthen confidence, “Working togetherto create new growth”', the Commissionidentified the need to modernise theUnion legislation in this area. On 23October 2011, the European Council in itsconclusions supported such amodernisation and called for anagreement by the end of 2012. In itsresolution of 15 November 2011, theEuropean Parliament also invited theCommission to come forward with aproposal. The EU Citizenship report 2010on dismantling the obstacles to EUcitizens' rights underlines the need tolighten the administrative burden linked tothe recognition of professional

(2) In its Communication 'Single MarketAct, Twelve levers to boost growth andstrengthen confidence, “Working togetherto create new growth”', the Commissionidentified the need to modernise theUnion legislation in this area. On 23October 2011, the European Council in itsconclusions supported such amodernisation and called for anagreement by the end of 2012. In itsresolution of 15 November 2011, theEuropean Parliament also invited theCommission to come forward with aproposal. The EU Citizenship report 2010on dismantling the obstacles to EUcitizens' rights underlines the need tolighten the administrative burden linked tothe recognition of professionalqualifications. In addition this Directive

9 COM(2011)206 final, 13.4.2011.10 COM(2010) 603 final



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qualifications. qualifications. contributes to ensuring a high level ofhealth and consumer protection.

Recital 2a

(2a) Dual vocational training systems area key element for ensuring low levels ofyouth unemployment. Given that theyare tailored to the requirements of theeconomy, they permit a smoothtransition from training into workinglife. They should not just be strengthenedin this Directive, but also taken intoconsideration in other Union legislationon reducing youth unemployment. Thosevocational training systems and theirspecific features should, moreover,remain unaffected by Directive2005/36/EC.

(AM 1)

Recital 3

(3) In order to promote the free movementof professionals, while ensuring a moreefficient and transparent recognition ofqualifications it is necessary to providefor a European Professional Card. Inparticular that card is necessary tofacilitate temporary mobility andrecognition under the automaticrecognition system, as well as to promotea simplified recognition process under thegeneral system. The card should be issuedupon request from a professional and aftersubmission of necessary documents andcompletion of related review and

(3) In order to promote the free movementof professionals, while ensuring a moreefficient and transparent recognition ofqualifications, it is necessary to providefor a European Professional Card. TheEuropean Professional Card shouldstrictly be used as a tool for recognitionof professional qualifications in anotherMember State, in order to use the fullpotential of mobility in the internalmarket, and not as a means of regulatingand restricting how a profession isqualified for. In particular that card isnecessary to facilitate temporary mobility

(3) In order to promote the freemovement of professionals, whileensuring a more efficient and transparentrecognition of qualifications it isnecessary to provide for a EuropeanProfessional Card should be of addedvalue in strengthening the internalmarket and promoting mobility forprofessionals. In particular that card isnecessary would be useful to facilitatetemporary mobility and recognition underthe automatic recognition system, as wellas to promote a simplified recognitionprocess under the general system. The

(3) In order to promote the free movementof professionals, while ensuring a moreefficient and transparent recognition ofqualifications it is necessary to providefor a European Professional Card shouldbe of added value in strengthening theinternal market and promotingmobility for professionals. In particularthat card is necessary would be useful tofacilitate temporary mobility andrecognition under the automaticrecognition system, as well as to promotea simplified recognition process under thegeneral system. The card should be issued



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verification procedures by the competentauthorities. The functioning of the cardshould be supported by the InternalMarket Information System (IMI)established by Regulation (EU) No […]on administrative cooperation through theInternal Market Information System11.This mechanism should help enhancesynergies and trust among competentauthorities, while at the same timeeliminating duplication of administrativework for the authorities and creating moretransparency and certainty forprofessionals. The process for theapplication and issuing of the card shouldbe clearly structured and incorporatesafeguards and the corresponding rights ofappeal for the applicant. The card and therelated workflow within IMI shouldensure the integrity, authenticity andconfidentiality of the data stored andavoid unlawful and unauthorised access toinformation contained therein.

and recognition under the automaticrecognition system, as well as to promotea simplified recognition process under thegeneral system. The EuropeanProfessional Card should be issued uponrequest from a professional and aftersubmission of necessary documents andcompletion of related review andverification procedures by the competentauthorities. The functioning of the cardshould be supported by the InternalMarket Information System (IMI)established by Regulation (EU) No1024/2012 on administrative cooperationthrough the Internal Market InformationSystem. This mechanism should helpenhance synergies and trust amongcompetent authorities, while at the sametime eliminating duplication ofadministrative work for the competentauthorities and creating moretransparency and certainty forprofessionals. The process for theapplication and issuing of the EuropeanProfessional Card should be clearlystructured and incorporate safeguards andthe corresponding rights of appeal for theapplicant. That card and the relatedworkflow within IMI should ensure theintegrity, authenticity and confidentialityof the data stored and avoid unlawful andunauthorised access to informationcontained therein.

(AM 2)

card should be issued upon request from aprofessional and after submission ofnecessary documents and completion ofrelated review and verificationprocedures by the competent authorities.The purpose of the card is to simplifythe recognition process and tointroduce cost and operationalefficiencies that will benefitprofessionals and competentauthorities. The card, issued for thepurpose of establishment, shouldconstitute a recognition decision and isto be treated as any other recognitiondecision under this Directive. It shouldcomplement rather than replace anyregistration requirements associatedwith access to a particular profession.The introduction of a card should takeinto account the views of the professionconcerned and be prepared by animpact analysis conducted togetherwith Member States where necessary.There is no need for a EuropeanProfessional Card for the legalprofessions for which professionalcards are already implemented underthe system provided for in Directives77/249 and 98/05.

upon request from a professional and aftersubmission of necessary documents andcompletion of related review andverification procedures by the competentauthorities. The purpose of the card is tosimplify the recognition process and tointroduce cost and operationalefficiencies that will benefitprofessionals and competentauthorities. The card, issued for thepurpose of establishment, shouldconstitute a recognition decision and isto be treated as any other recognitiondecision under this Directive. It shouldcomplement rather than replace anyregistration requirements associatedwith access to a particular profession.The introduction of a card should takeinto account the views of the professionconcerned. The European ProfessionalCard should be preceded by anassessment of its suitability for theprofessiona concerned and its impacton the Member States. This assessmentshall be conducted with Member Stateswhere necessary. There is no need for aEuropean Professional Card for thelegal professions for which professionalcards are already implemented underthe system provided for in Directives77/249 and 98/05.

Recital 3a

11 OJ L […].



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(3a) The functioning of the cardshould be supported by the InternalMarket Information System (IMI)established by Regulation (EU) No1024/2012 on administrative cooperationthrough the Internal Market InformationSystem and repealing CommissionDecision 2008/49/EC. This mechanismshould help enhance synergies and trustamong competent authorities, while at thesame time eliminating duplication ofadministrative work and recognitionprocedures for the authorities andcreating more transparency and certaintyfor professionals

(3a) The European Professional Cardshould meet specific safety and dataprotection conditions. Thereforenecessary safeguards against abuse anddata fraud need to be established.

(AM 3)

Recital 3b

(3b) The process for the applicationand issuing of the card should be clearlystructured and incorporate safeguards andthe corresponding rights of appeal for theapplicant. Implementing acts shouldalso specify translation requirementsand the methods of payment of any feesto be provided by an applicant so thatthe workflow in IMI is not disrupted orimpaired and the processing of theapplication is not delayed. Setting thelevel of fees is a matter for MemberStates. Member States should howevernotify the Commission about the level



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of fees set.The card and the relatedworkflow within IMI should ensure theintegrity, authenticity and confidentialityof the data stored and avoid unlawful andunauthorised access to informationcontained therein. Two years after theintroduction of the first EuropeanProfessional Card, the Commission willpresent a report on the functioning ofthe card, including its effects on thesimplification and acceleration ofrecognition procedures and on the costsand benefits for the professionals andadministrations concerned. To this end,competent authorities shouldcontribute all necessary information.

Recital 4

(4) Directive 2005/36/EC only applies toprofessionals who want to pursue thesame profession in another Member State.There are cases where the activitiesconcerned are part of a profession with alarger scope of activities in the hostMember State. If the differences betweenthe fields of activity are so large that inreality a full programme of education andtraining is required from the professionalto compensate for shortcomings and if theprofessional so requests, a host MemberState should under these particularcircumstances grant partial access.However, in case of overriding reasons ofgeneral interest, such as in the case of adoctor of medicine or other healthprofessionals, a Member State should beable to refuse partial access.

(4) Directive 2005/36/EC only applies toprofessionals who want to pursue thesame profession in another Member State.There are cases where the activitiesconcerned are part of a profession with alarger scope of activities in the hostMember State. Only if the differencesbetween the fields of activity are so largethat in reality a full programme ofeducation and training is required fromthe professional to compensate forshortcomings and if the professional sorequests, a host Member State shouldunder these particular circumstances grantpartial access. However, the host MemberState may refuse such partial access onthe basis of overriding reasons ofgeneral interest and such access cannotbe granted for professions which benefit

(4) Directive 2005/36/EC only applies toprofessionals who want to pursue thesame profession in another Member State.There are cases where the activitiesconcerned are part of a profession with alarger scope of activities in the hostMember State. If the differences betweenthe fields of activity are so large that inreality a full programme of education andtraining is required from the professionalto compensate for shortcomings and if theprofessional so requests, a host MemberState should under these particularcircumstances grant partial access.However, in case of overriding reasons ofgeneral interest, as defined by the case-law of the European Court of Justice,such as in the case of a doctor of medicineor other health professionals a Member



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from automatic recognition. (AM 4) State should be able to refuse partialaccess. This may in particular be thecase for health professionals if there arepublic health concerns.

Recital 4a(4a) The application of partial accesspursuant to this Directive, in accordancewith the case-law of the Court of Justice,should never imply a withdrawal of theright of the social partners in the sectorin question to organise themselves.(AM 5)

Recital 4b(4b) The concept of "overriding reasonsof general interest" to which reference ismade in certain provisions of thisDirective, was developed by the Court ofJustice in its case-law relating to Articles49 and 56 TFEU and may continue toevolve.(AM 6)

Recital 5

(5) Temporary and occasional provisionof services in Member States should besubject to safeguards, notably arequirement of a minimum two years'prior professional experience, in theinterest of the protection of localconsumers in the host Member State if theprofession is not regulated in the homeMember State. However, these safeguardsare not necessary if the consumers, whohave their habitual residence in theMember State of establishment of theprofessional, have already chosen such aprofessional and there are no public healthor safety implications for third persons in

(5) Temporary and occasional provisionof services in Member States should besubject to safeguards, notably arequirement of a minimum one year'sprior professional experience, in theinterest of the protection of localconsumers in the host Member State if theprofession is not regulated in the homeMember State. In the case of seasonalactivities, Member States should havethe possibility to carry out controls inorder to verify the temporary andoccasional nature of the servicesprovided on their territory. To this end,the host Member State might require,



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the host Member State. once a year, information about theservices actually provided on itsterritory, in cases where suchinformation has not been alreadycommunicated on a voluntary basis bythe provider.

Recital 6

(6) Directive 2005/36/EC allows MemberStates to check the professionalqualifications of the service providerprior to the first provision of service inthe case of regulated professions havingpublic health and safety implications.This has led to legal uncertainty leaving itto the discretion of a competent authorityto decide on the need for such priorcheck. In order to ensure legal certaintyprofessionals should know from theoutset whether a prior check ofqualifications is necessary and when adecision can be expected.

(6) Directive 2005/36/EC allows MemberStates to check the professionalqualifications of the service provider priorto the first provision of service in the caseof regulated professions having publichealth and safety implications. This hasled to legal uncertainty leaving it to thediscretion of a competent authority todecide on the need for such prior check.In order to ensure legal certaintyprofessionals should know from the outsetwhether a prior check of qualifications isnecessary and when a decision can beexpected. In any event, the conditionsfor such prior checks of professionalqualifications under the free provisionof services should not be more stringentthan under the establishment rules. Inthe case of regulated professions havingpublic health and safety implications,this Directive should be withoutprejudice to the possibility for MemberStates to impose an insurance coverobligation related to the professionalacts according to the rules applicableunder Directive 2011/24/EU andDirective 2006/123/EC.

Recital 7

(7) Directive 2005/36/EC should alsocover notaries. For recognition requests

(7) As regards notaries, in the case ofrecognition requests for establishment,





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for establishment, Member States shouldbe able to impose the necessary aptitudetest or adaptation period to avoid anydiscrimination in the national selectionand nomination procedures. In the case offree provision of services, notaries shouldnot be able to draw up authenticinstruments and carry out other activitiesof authentication which require the seal ofthe host Member State.

Member States, having abolished thenationality clause, should be able toimpose the necessary aptitude test and/oradaptation period in the national selectionand nomination procedures. Thecompensation measures should notexempt the applicant from fulfilling theother existing national rules, inparticular any conditions imposed by theselection and designation procedures ofnotaries in the host Member State. Giventheir specific role as public officers,appointed by official act of governmentof Member States in their nationalterritory in order to hold a public office,in particular by ensuring the legality andthe legal certainty of acts concludedbetween individuals in the framework ofthe administration of justice, and beinglegally independent, impartial andobliged to conduct their activities in theirdesignation area, it should not bepossible for notaries to be established inmore than one Member State. Moreover,the provisions of this Directive on thefree provision of services should not beapplicable to notaries given that, aspublic officers, notaries only havecompetence on the territory of theMember State in which they areestablished.

(AM 7)

for establishment, Member States shouldbe able to impose the necessary aptitudetest or adaptation period to avoid anydiscrimination in the national selectionand nomination procedures. In the case offree provision of services, notaries shouldnot be able to draw up authenticinstruments and carry out other activitiesof authentication which require the seal ofthe host Member State.Notaries shouldbe excluded from the scope of thisDirective in view of the specific anddiffering regimes applicable to them inindividual Member States to access andexercise the profession.

for establishment, Member States shouldbe able to impose the necessary aptitudetest or adaptation period to avoid anydiscrimination in the national selectionand nomination procedures. In the case offree provision of services, notaries shouldnot be able to draw up authenticinstruments and carry out other activitiesof authentication which require the seal ofthe host Member State.Notaries shouldbe excluded from the scope of thisDirective in view of the specific anddiffering regimes applicable to them inindividual Member States to access andexercise the profession.

Recital 8

(8) In order to apply the mechanism ofrecognition under the general system, it isnecessary to group the various national

(8) In order to apply the mechanism ofrecognition under the general system, it isnecessary to group the various national



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education and training schemes intodifferent levels. Those levels, which areestablished only for the purpose of theoperation of the general system, shouldhave neither effect upon the nationaleducation and training structures nor uponthe competence of Member States in thisfield, including a national policy forimplementing the European QualificationsFramework. This can be a tool to promotethe transparency and comparability ofqualifications and can be a usefuladditional source of information for thecompetent authorities examining therecognition of qualifications issued inother Member States. The levelsestablished for the operation of thegeneral system should in principle nolonger be used as a criterion for excludingUnion citizens from the scope ofDirective 2005/36/EC when this would becontrary to the principle of life longlearning.

education and training schemes intodifferent levels. Those levels, which areestablished only for the purpose of theoperation of the general system, shouldhave neither effect upon the nationaleducation and training structures nor uponthe competence of Member States in thisfield, including a national policy forimplementing the European QualificationsFramework. This can be a tool topromote the transparency andcomparability of qualifications and canbe useful additional source ofinformation for the competentauthorities examining the recognitionof qualifications issued in otherMember States. Following the Bolognaprocess, higher education institutionshave adapted the structure of theirprogrammes to a two-cycle Bachelor’sand Master’s degree system. In order toensure that the five levels outlinedunder this Directive are consistent withthis new degree structure, Bachelor’sdegree should be classified under level(d) and Master’s degree under level (e).This can be a tool to promote thetransparency and comparability ofqualifications and can be a usefuladditional source of information for thecompetent authorities examining therecognition of qualifications issued inother Member States. The five levelsestablished for the operation of thegeneral system should in principle nolonger be used as a criterion for excludingUnion citizens from the scope ofDirective 2005/36/EC when this would becontrary to the principle of life long



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learning.

Recital 9

(9) Applications for recognition fromprofessionals coming from non-regulatingMember States have to be treated in thesame way as those of professionalscoming from a regulating Member State.Their qualifications have to be comparedto the qualifications requested in the hostMember State on the basis of thequalification levels in Directive2005/36/EC. In case of substantialdifferences the competent authorityshould be able to impose compensationmeasures.

(9) Applications for recognition fromprofessionals coming from non-regulatingMember States have to be treated in thesame way as those of professionalscoming from a regulating Member State.Their qualifications have to be comparedto the qualifications requested in the hostMember State on the basis of thequalification levels and objective criteriaset out in Directive 2005/36/EC. In caseof substantial differences the competentauthority should be able to imposecompensation measures. Anymechanisms for assessing theoreticaland practical skills, which might berequired for access to the profession ascompensation measures, shouldguarantee and comply with the principlesof transparency and impartiality. (AM 8)

(9) Applications for recognition fromprofessionals coming from non-regulatingMember States and having one year ofprofessional experience have to be treatedin the same way as those of professionalscoming from a regulating Member State.Their qualifications have to be comparedto the qualifications requested in the hostMember State on the basis of thequalification levels in Directive2005/36/EC. In case of substantialdifferences the competent authorityshould be able to impose compensationmeasures.

Recital 10

(10) In the absence of harmonisation ofthe minimum training conditions foraccess to the professions governed by thegeneral system, it should remain possiblefor the host Member State to impose acompensation measure. This measureshould be proportionate and, in particular,take account of the knowledge, skills andcompetences gained by the applicant inthe course of his professional experienceor through lifelong learning. The decisionimposing a compensatory measure shouldbe justified in detail in order to enable theapplicant to better understand his situation

(10) In the absence of harmonisation ofthe minimum training conditions foraccess to the professions governed by thegeneral system, it should remain possiblefor the host Member State to impose acompensation measure. This measureshould be proportionate and, in particular,take account of the knowledge, skills andcompetences gained by the applicant inthe course of his professional experienceor through lifelong learning certified bythe competent authorities. The decisionimposing a compensatory measure shouldbe justified in detail in order to enable the

(10) In the absence of harmonisation ofthe minimum training conditions foraccess to the professions governed by thegeneral system, it should remain possiblefor the host Member State to impose acompensation measure. This measureshould be proportionate and, in particular,take account of the knowledge, skills andcompetences gained by the applicant inthe course of his professional experienceor through lifelong learning. The decisionimposing a compensatory measure shouldbe justified in detail in order to enable theapplicant to better understand his situation



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and to seek legal scrutiny before nationalcourts under Directive 2005/36/EC.

applicant to better understand his situationand to seek legal scrutiny before nationalcourts under Directive 2005/36/EC.

(AM 9)

and to seek legal scrutiny before nationalcourts under Directive 2005/36/EC.

Recital 11

(11) The review of Directive 2005/36/EChas shown a need to update and clarifywith more flexibility the lists of industrial,commercial and craft activities in AnnexIV, while maintaining for those activitiesa system of automatic recognition basedon professional experience. Annex IV iscurrently based on the InternationalStandard Industrial Classification of allEconomic Activities (ISIC) dated from1958 and no longer reflects the currentstructure of economic activities. The ISICclassification has been reviewed severaltimes since 1958. Therefore, theCommission should be able to adaptAnnex IV in order to maintain intact thesystem of automatic recognition.



Recital 11a

(11a) Continuous professionaldevelopment contributes to the safe andeffective practice of professionals whobenefit from the automatic recognitionof their professional qualification. It isimportant to promote the furtherstrengthening of continuousprofessional development for theseprofessions. Member States should in



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particular promote continuousprofessional development for doctors ofmedicine, medical specialists, generalpractitioners, nurses responsible forgeneral care, dental practitioners,specialised dental practitioners,veterinary surgeons, midwives,pharmacists and architects. Continuousprofessional development should covertechnical, scientific, regulatory andethical developments and motivateprofessionals to participate in life longlearning relevant to their profession.

Recital 12

(12) The system of automatic recognitionon the basis of harmonised minimumtraining requirements depends on thetimely notification of new or changedevidence of formal qualifications by theMember States and their publication bythe Commission. Otherwise, holders ofsuch qualifications have no guaranteesthat they can benefit from automaticrecognition. In order to increasetransparency and facilitate theexamination of newly notified titles,Member States should designate anappropriate body, such as an accreditationboard or a ministry, to examine eachnotification and provide a report oncompliance with Directive 2005/36/EC tothe Commission.

(12) The system of automaticrecognition on the basis of harmonisedminimum training requirements dependson the timely notification of new orchanged evidence of formal qualificationsby the Member States and theirpublication by the Commission.Otherwise, holders of such qualificationshave no guarantees that they can benefitfrom automatic recognition. In order toincrease transparency and facilitate theexamination of newly notified titles,Member States should provideinformation about the duration andcontent of the training programmes,which need to be in compliance with theminimum training requirementsdefined in this Directive. designate anappropriate body, such as an accreditationboard or a ministry, to examine eachnotification and provide a report oncompliance with Directive 2005/36/EC to



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the Commission.

Recital 13

(13) European Credit Transfer andAccumulation System (ECTS) credits arealready used in a large majority of highereducation institutions in the Union andtheir use is becoming more common alsoin courses leading to the qualificationsrequired for the exercise of a regulatedprofession. Therefore, it is necessary tointroduce the possibility to express theduration of a programme also in ECTS.This should not affect the otherrequirements for automatic recognition.One ECTS credit corresponds to 25-30hours of study where 60 credits arenormally required for the completion ofone academic year.



Recital 14

(14) In the interest of enhancing themobility of medical specialists who havealready obtained a medical specialistqualification and afterwards followanother specialist training, Member Statesshould be allowed to grant exemptionsfrom some part of the training if suchelements of the training have already beencompleted during the former medicalspecialist training programme in thatMember State covered by the automaticrecognition regime.

(14) In the interest of enhancing themobility of medical specialists who havealready obtained a medical specialistqualification and afterwards followanother specialist training, Member Statesshould be allowed to grant exemptionsfrom some part of the training if suchelements of the training have already beencompleted during the former medicalspecialist training programme in aMember State covered by the automaticrecognition regime.

(AM 10)

(14) In the interest of enhancing themobility of medical specialists who havealready obtained a medical specialistqualification and afterwards followanother specialist training, Member Statesshould be allowed to grant exemptionsfrom some part of the training if suchelements of the later training havealready been completed during the formermedical specialist training programme inthat a Member State covered by theautomatic recognition regime. MemberStates should be allowed to grant,within certain boundaries, suchexemptions for medical specialitieswhich are covered by the automatic



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recognition regime..

Recital 14a

(14a) In order to enhance patient safety,doctors of medicine, medical specialists,nurses responsible for general care,dental practitioners, specialised dentalpractitioners, midwives and pharmacistsshould update their competenciesthrough continuing professionaleducation and training. Member Statesshould make publicly available anassessment report on the continuingeducation and training procedures whichthose professionals undergo, and shouldexchange their best practices.

(AM 11)

Recital 15

(15) The nursing and midwiferyprofessions have significantly evolved inthe last three decades: community-basedhealthcare, the use of more complextherapies and constantly developingtechnology presuppose a capacity forhigher responsibilities for nurses andmidwives. In order to prepare them tomeet such complex healthcare needs,nursing and midwifery students need tohave a solid general educationbackground before they start the training.Therefore, admission to that trainingshould be increased to twelve years ofgeneral education or success in anexamination of an equivalent level.

(15) The nursing and midwiferyprofessions have significantly evolved inthe last three decades: community-basedhealthcare, the use of more complextherapies and constantly developingtechnology presuppose a capacity forhigher responsibilities for nurses andmidwives. In order to prepare them tomeet such complex healthcare needs,nursing and midwifery students need tohave a solid general educationbackground before they start the training.Member States should ensurepermeability and career advancement forthe health professions.

(AM 12)

(15) The nursing and midwiferyprofessions have has significantlyevolved in the last three decades:community-based healthcare, the use ofmore complex therapies and constantlydeveloping technology presuppose acapacity for higher responsibilities fornurses and midwives. In order to preparethem to meet such complex healthcareneeds, nursing and midwifery studentsneed to have a solid general educationbackground before they start the training.Therefore, admission to that trainingshould be increased to twelve years ofgeneral education or success in anexamination of an equivalent level. Inparticular nurse training, theorganisation of which still differs



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according to national traditions,should provide a more robust and moreoutput oriented assurance that theprofessional has acquired certainknowledge and skills during thetraining, and is able to apply at leastcertain competences in order to pursuethe activities relevant to the profession

Recital 15a

(15a) In order to prepare midwivesto meet complex healthcare needsrelated to their activities, midwiferytrainees should have a solid generaleducation background before they startthe training to become a midwife.Therefore, admission to midwiferytraining should be increased to twelveyears of general education or successfulexamination of an equivalent level,except in case of professionals whoalready qualified as a nurse responsiblefor general care. Training of midwivesshould provide better assurance thatthe professional has acquired certainknowledge and skills necessary topursue the minimum activities of amidwife

Recital 16

(16) To simplify the system for automaticrecognition of medical and dentalspecialities, such specialities should becovered by Directive 2005/36/EC if theyare common to at least one third of theMember States.

(16) To simplify the system for automaticrecognition of medical, dental andveterinary specialities, such specialitiesshould be covered by Directive2005/36/EC if they are common to at leastone third of the Member States.

(16) To simplify the system for automaticrecognition of medical and dentalspecialities, such specialities should becovered by Directive 2005/36/EC if theyare common to at least one third two-fifths of the Member States.

(16) To simplify the system for automaticrecognition of medical and dentalspecialities, such specialities should becovered by Directive 2005/36/EC if theyare common to at least one third two-fifths of the Member States.



18

Recital 16a

(16a) The mobility of healthcareprofessionals should also be consideredwithin the broader context of theEuropean workforce for health. Suchmobility should be addressed through aspecific strategy at Union level and incoordination with Member States, inorder to guarantee the highest level ofpatient and consumer protection whilemaintaining the financial andorganisational sustainability of nationalhealthcare systems.

(AM 13)

(16a) A significant number of MemberStates decided to allow access to allactivities in the field of pharmacy andthe pursuit of these activities based onthe recognition of qualifications ofpharmacists acquired in anotherMember State since the entry into forceof Directive 2005/36/EC. Suchrecognition of a qualification acquiredabroad does however not prevent aMember State from maintaining non-discriminatory rules governing anygeographical distribution ofpharmacies on their territory becausethe Directive does not coordinate suchrules. However, any derogation whichis still necessary for a Member Stateshould no longer exclude pharmacistswho are already recognised by theMember State using such derogationand who are already lawfully andeffectively practising as a pharmacistfor a certain period on the territory ofthat Member State.

Recital 17

(17) The functioning of the system ofautomatic recognition depends onconfidence in the training conditionswhich underpin the qualifications of theprofessionals. Therefore, it is importantthat the minimum training conditions ofarchitects reflect new developments inarchitectural education, notably withrespect to the recognised need tosupplement academic training withprofessional experience under the





19

supervision of qualified architects. At thesame time, the minimum trainingconditions should be flexible enough toavoid unduly restricting the ability ofMember States to organise theireducation systems.

supervision of qualified architects. At thesame time, the minimum trainingconditions should be flexible enough toavoid unduly restricting the ability ofMember States to organise their educationsystems.

supervision of qualified architects. At thesame time, the minimum trainingconditions should be flexible enough toavoid unduly restricting the ability ofMember States to organise their educationsystems.

Recital 18

(18) Directive 2005/36/EC shouldpromote a more automatic character ofrecognition of qualifications for thoseprofessions which do not currentlybenefit from it. This should take accountof the competence of Member States todecide the qualifications required for thepursuit of professions in their territory aswell as the contents and the organisationof their systems of education andprofessional training. Professionalassociations and organisations which arerepresentative at national and Union levelshould be able to propose commontraining principles. It should take theform of a common test as a condition foracquiring a professional qualification, ortraining programmes based on a commonset of knowledge, skills and competences.Qualifications obtained under suchcommon training frameworks shouldautomatically be recognised by MemberStates.

(18) Directive 2005/36/EC shouldpromote a more automatic character ofrecognition of qualifications for thoseprofessions which do not currently benefitfrom it. This should take account of thecompetence of Member States to decidethe qualifications required for the pursuitof professions in their territory as well asthe contents and the organisation of theirsystems of education and professionaltraining. Before introducing suchcommon training principles, MemberStates should examine possiblealternatives, in particular those that existin Member States with vocationaltraining. Professional associations andorganisations which are representative atnational and Union level should also beable to propose common trainingprinciples. Common training principlesshould take the form of a common test asa condition for acquiring a professionalqualification, or training programmesbased on a common set of knowledge,skills and competences. Qualificationsobtained under such common trainingframeworks should automatically berecognised by Member States. (AM 15)

(18) Directive 2005/36/EC shouldpromote a more automatic character ofrecognition of qualifications for thoseprofessions which do not currently benefitfrom it. Those professions could includepost-graduate specialities, not currentlysubject to automatic recognitionprovisions in the Directive, relating toprofessions encompassed by ChapterIII of Title III and which have clearlydefined specific activities reserved tothem. This should take account of thecompetence of Member States to decidethe qualifications required for the pursuitof professions in their territory as well asthe contents and the organisation of theirsystems of education and professionaltraining. Professional associations andorganisations which are representative atnational and Union level should be able topropose common training pricniples. ItCommon training principles should takethe form of a common trainingframeworks test based on a common setof knowledge, skills and competences asa condition for acquiring a professionalqualification or standardised trainingprogrammes tests. Qualifications obtained

(18) Directive 2005/36/EC shouldpromote a more automatic character ofrecognition of qualifications for thoseprofessions which do not currently benefitfrom it. Those professions could includepost-graduate specialities, not currentlysubject to automatic recognitionprovisions in the Directive, relating toprofessions encompassed by ChapterIII of Title III and which have clearlydefined specific activities reserved tothem. Common Training Frameworkson such specialities, in particularmedical specialities, should offer a highlevel of protection for patients' safetyand public health. This should takeaccount of the competence of MemberStates to decide the qualifications requiredfor the pursuit of professions in theirterritory as well as the contents and theorganisation of their systems of educationand professional training. Professionalassociations and organisations which arerepresentative at national and Union levelshould be able to propose commontraining pricniples. It Common trainingprinciples should take the form of acommon training frameworks test based



20

under such common training frameworksshould automatically be recognised byMember States. Professionalassociations and organisations whichare representative at national or Unionlevel should be able to propose to theCommission suggestions for commontraining principles, in order to allow foran assessment with the nationalcoordinators of their possibleconsequences for the nationaleducationand training systems, as wellas for the national rules governing theaccess to regulated professions.

on a common set of knowledge, skillsand competences as a condition foracquiring a professional qualification orstandardised training programmes tests.Qualifications obtained under suchcommon training frameworks shouldautomatically be recognised by MemberStates. Professional associations andorganisations which are representativeat national or Union level should beable to propose to the Commissionsuggestions for common trainingprinciples, in order to allow for anassessment with the nationalcoordinators of their possibleconsequences for the nationaleducationand training systems, as wellas for the national rules governing theaccess to regulated professions.

Recital 18a

(18a) Common training frameworksshould also make it possible forregulated professions which are subjectto an automatic recognition procedurebased on coordination of minimumtraining conditions under Chapter III ofTitle III and in which new specialitiesare not covered by that automaticrecognition procedure to securerecognition of such specialities on thebasis of an automatic procedure.

Recital 19

(19) Directive 2005/36/EC alreadyprovides for clear obligations for

(19) Directive 2005/36/EC already (19) Directive 2005/36/EC alreadyprovides for clear obligations for

(19) Directive 2005/36/EC alreadyprovides for clear obligations for



21

professionals to have the necessarylanguage skills. The review of thatobligation has shown a need to clarify therole of competent authorities andemployers notably in the interest ofpatients' safety. Language controls shouldhowever be reasonable and necessary forthe jobs in question and should notconstitute grounds for excludingprofessionals from the labour market inthe host Member State.

provides for clear obligations forprofessionals to have the necessarylanguage skills. A competent authoritymay check or supervise the checking ofthe language skills in particular in theinterest of patients' safety and publichealth. Language checks should howeverbe reasonable and necessary for the jobsin question and should not constitutegrounds for excluding professionals fromthe labour market in the host MemberState. The principle of proportionalityshould inter alia apply to professionalswho provide evidence attesting thenecessary language skills. In this regard,Member States should promoteprofessional-oriented standardisedlanguage tests, which should be based onthe Common European framework ofreference for languages.

(AM 17)

professionals to have the necessarylanguage skills. The review of of theapplication of that obligation has showna need to clarify the role of the competentauthorities and employers notably in theinterest of better protecting patients'safety. Competent authorities should beable to apply language controls afterthe recognition of the qualifications. Itis important for professions withpatient safety implications in particularthat a language control under thisDirective be exercised before theprofessional accesses to such aprofession. Language controls shouldhowever be reasonable and necessary forthe jobs in question and should notconstitute grounds for aim at excludingprofessionals from the labour market inthe host Member State. In order toensure respect of the principle ofproportionality, the controls applieddirectly by or under the supervision ofa competent authority should be limitedto one official or administativelanguage of the host Member State.This should not preclude host MemberStates from encouraging professionalsto acquire another language at a laterstage if necessary for the professionalactivity to be pursued. Employersshould also continue to play animportant role in ascertaining theknowledge of languages necessary tocarry out professional activities in theirworkplaces.

professionals to have the necessarylanguage skills. The review of of theapplication of that obligation has showna need to clarify the role of the competentauthorities and employers notably in theinterest of better protecting patients'safety. Competent authorities should beable to apply language controls afterthe recognition of the qualifications. Itis important for professions withpatient safety implications in particularthat a language control under thisDirective be exercised before theprofessional accesses to such aprofession. Language controls shouldhowever be reasonable and necessary forthe jobs in question and should notconstitute grounds for aim at excludingprofessionals from the labour market inthe host Member State. In order toensure respect of the principle ofproportionality and in the interest ofenhancing the mobility of professionalsin the EU, the controls applied directlyby or under the supervision of acompetent authority should be limitedto one official or administativelanguage of the host Member State,providing the administrative languageis also an official language of theEuropean Union. This should notpreclude host Member States fromencouraging professionals to acquireanother language at a later stage ifnecessary for the professional activityto be pursued. Employers should alsocontinue to play an important role inascertaining the knowledge oflanguages necessary to carry out



22

professional activities in theirworkplaces.

Recital 19a

(19a)The language check should seek todetermine how well professionals cancommunicate, both orally and in writing,for the purposes of exercising theirprofessional activity, in particular withregard to patient safety and safeguardingpublic health.

(AM 18)

Recital 19b

(19b) In Member States with more thanone official or administrative language,the knowledge of an additional languageshould be promoted by employers andthe competent authorities. To this end,employers should offer opportunities forlanguage training and development, forinstance by providing language coursesrelevant to the profession carried out.(AM 19)

Recital 19c

(19c) Employers should continue to playan important role in ensuring and inverifying the knowledge of the languagenecessary to carry out professionalactivities, inter alia when interviewingapplicants, and should alert thecompetent authority in the event of anyserious doubts concerning the



23

applicant's language skills.

(AM 20)

Recital 20

(20) Graduates wishing to pursue aremunerated traineeship in anotherMember State where such traineeship ispossible should be covered by Directive2005/36/EC in order to foster theirmobility. It is also necessary to providefor the recognition of their traineeship bythe home Member State.

(20) Graduates wishing to pursue atraineeship in another Member Statewhere such traineeship is possible shouldbe covered by Directive 2005/36/EC inorder to foster their mobility. It is alsonecessary to provide for the recognition oftheir traineeship by the home MemberState. However, by enlarging the scope topartially qualified professionals, thisDirective should also properly take intoaccount compliance with thefundamental social rights set out inArticle 151 TFEU, which provides thatthe Union is to have as its objectives thepromotion of improved workingconditions, which also apply totraineeships, and should be withoutprejudice to national rules regulatingtraineeships. (AM 21)

(20) National rules organising theaccess to rules organising the access toregulated professions should notconstitute an obstacle to the mobility ofyoung graduates. Therefore, when agraduate completes a professionaltraineeship in another Member State,the traineeship in question should berecognised when the graduate appliesfor accessing a regulated profession inthe home Member State. Therecognition of a traineeship carried outin another Member State should bebased on a clear description of learningobjectives and assigned tasks, to bedetermined by the traineeship’ssupervisor in the host Member State.Traineeships carried out in thirdcountries should be taken into accountby Member States when considering arequest to access a regulatedprofession..

(20) National rules organising theaccess to rules organising the access toregulated professions should notconstitute an obstacle to the mobility ofyoung graduates. Therefore, when agraduate completes a professionaltraineeship in another Member State,the traineeship in question should berecognised when the graduate appliesfor accessing a regulated profession inthe home Member State. Therecognition of a traineeship carried outin another Member State should bebased on a clear written description oflearning objectives and assigned tasks,to be determined by the traineeship’ssupervisor in the host Member State.Traineeships carried out in thirdcountries should be taken into accountby Member States when considering arequest to access a regulatedprofession.

Recital 20a

(20a) A traineeship contract shouldspecify at least the learning objectivesand assigned tasks. (AM 22)

Recital 21



24

(21) Directive 2005/36/EC provides for asystem of national contact points. Due tothe entry into force of Directive2006/123/EC of the European Parliamentand of the Council of 12 December 2006on services in the internal market12 andthe establishment of points of singlecontact under that Directive, there is arisk of overlap. Therefore, the nationalcontact points established by Directive2005/36/EC should become assistancecentres which should focus their activitieson providing advice to citizens, includingface to face advice, in order to ensure thatdaily application of internal market rulesin individual cases of citizens is followedup at national level.

(21) Directive 2005/36/EC provides for asystem of national contact points. Due tothe entry into force of Directive2006/123/EC of the European Parliamentand of the Council of 12 December 2006on services in the internal market and theestablishment of points of single contactunder that Directive, there is a risk ofoverlap. Therefore, the national contactpoints established by Directive2005/36/EC should become assistancecentres which should focus their activitieson providing advice to citizens, includingadvice in person, in order to ensure thatdaily application of internal market rulesin individual cases of citizens is followedup effectively at national level. (AM 23)

(21) 2005/36/EC provides for a system ofnational contact points. Due to the entryinto force of Directive 2006/123/EC ofthe European Parliament and of theCouncil of 12 December 2006 on servicesin the internal market13 and theestablishment of points of single contactunder that Directive, there is a risk ofoverlap. Therefore, the national contactpoints established by Directive2005/36/EC should become assistancecentres which should focus their activitieson providing advice and assistance tocitizens, including face to face advice, inorder to ensure that daily application ofinternal market rules in complexindividual cases of citizens is followed upat national level. Where necessary, theassistance centres would liaise withcompetent authorities and assistancecentres of other Member States. On theEuropean Professional Card, MemberStates may decide whether theassistance centres either act as acompetent authority in the homeMember State or support the relevantcompetent authority in the handing ofapplications for a EuropeanProfessional Card and processing of theIMI files. In the context of freeprovision of services, if the profession isnot regulated in the home MemberState, the assistance centres may also

(21) 2005/36/EC provides for a system ofnational contact points. Due to the entryinto force of Directive 2006/123/EC ofthe European Parliament and of theCouncil of 12 December 2006 on servicesin the internal market14 and theestablishment of points of single contactunder that Directive, there is a risk ofoverlap. Therefore, the national contactpoints established by Directive2005/36/EC should become assistancecentres which should focus their activitieson providing advice and assistance tocitizens, including face to face advice, inorder to ensure that daily application ofinternal market rules in complexindividual cases of citizens is followed upat national level. Where necessary, theassistance centres would liaise withcompetent authorities and assistancecentres of other Member States. On theEuropean Professional Card, MemberStates may decide whether theassistance centres either act as acompetent authority in the homeMember State or support the relevantcompetent authority in the handing ofapplications for a EuropeanProfessional Card and processing of theIMI files. In the context of freeprovision of services, if the profession isnot regulated in the home MemberState, the assistance centres may also

12 OJ L 376, 27.12.2006, p. 36.13 OJ L 376, 27.12.2006, p. 36.14 OJ L 376, 27.12.2006, p. 36.



25

participate in the exchange ofinformation foreseen for the purpose ofadministrative cooperation.

participate in the exchange ofinformation foreseen for the purpose ofadministrative cooperation.

Recital 22

(22) Whilst the Directive alreadyprovides for detailed obligations forMember States to exchange information,such obligations should be reinforced.Member States should not only react torequest for information but also alertother Member States in a proactivemanner. Such alert system should besimilar to that of Directive 2006/123/EC.A specific alert mechanism is howevernecessary for health professionalsbenefiting from automatic recognitionunder Directive 2005/36/EC. This shouldalso apply to veterinary surgeons unlessthe Member States have already triggeredthe alert mechanism provided for inDirective 2006/123/EC. All MemberStates should be alerted if a professionaldue to a disciplinary action or criminalconviction is no longer entitled to moveto another Member State. This alertshould be activated through the IMIregardless of whether the professional hasexercised any of the rights underDirective 2005/36/EC or of whether hehas applied for recognition of hisprofessional qualifications through theissuance of a European Professional Cardor through any other method provided forby that Directive. The alert procedureshould comply with Union law on the

(22) Whilst the Directive already providesfor detailed obligations for Member Statesto exchange information, such obligationsshould be reinforced. Member Statesshould not only react to request forinformation but also alert other MemberStates in a proactive manner. Such alertsystem should be similar to that ofDirective 2006/123/EC. This Directiveprovides for a specific alert mechanismfor health professionals benefiting fromautomatic recognition under Directive2005/36/EC. This should also apply toveterinary surgeons unless the MemberStates have already triggered the alertmechanism provided for in Directive2006/123/EC. All Member States shouldbe alerted if a professional due to adisciplinary action or criminal convictionis temporarily or permanently restrictedor prohibited from pursuing theprofessional activity in a Member State.This alert should be activated through theIMI regardless of whether the professionalhas exercised any of the rights underDirective 2005/36/EC or of whether hehas applied for recognition of hisprofessional qualifications through theissuance of a European Professional Cardor through any other method provided forby that Directive. The alert procedure

(22) Whilst tThe Directive alreadyprovides for detailed obligations forMember States to exchangeinformation.These such obligationsshould be reinforced. In future, MemberStates should not only react to requests forinformation but their competentauthorities should also be empoweredwithin the boundaries of theircompetences to proactively alert thecompetent authorities of other MemberStates in a proactive manner aboutprofessionals who are no longer entitledto practice their profession. Such alertsystem should be similar to that ofDirective 2006/123/EC.A specific alertmechanism is however necessary forhealth professionals benefiting fromautomatic recognition under Directive2005/36/EC. This should also apply toveterinary surgeons unless the MemberStates have already triggered the alertmechanism provided for in Directive2006/123/EC, as well as to professionalsexercising activities related to theeducation of minors, includingchildcare workers. The obligation tosend an alert should only apply to theMember State where such professionsare regulated. All Member States shouldbe alerted if a professional due to a



26

protection of personal data and otherfundamental rights.

should comply with Union law on theprotection of personal data and otherfundamental rights.

(AM 24)

disciplinary action or criminal convictionis no longer entitled to practice, eventemporarily, the professional activitiesin a move to another Member State. Thisalert should be activated through the IMIregardless of whether the professional hasexercised any of the rights underDirective 2005/36/EC or of whether hehas applied for recognition of hisprofessional qualifications through theissuance of a European Professional Cardor through any other method provided forby that Directive. The alert procedureshould comply with the Union law onthe protection of personal data andfundamental rights. The alertprocedure should not be designed toreplace or adapt any arrangementsbetween Member States on cooperationin the field of justice and home affairsand competent authorities under thisDirective should also not be required tocontribute to such cooperation viaalerts foreseen under this Directive.

Recital 23

(23) One of the major difficulties acitizen who is interested to work inanother Member State is facing, iscomplexity and uncertainty ofadministrative procedures to complywith. Directive 2006/123/EC alreadyobliges Member States to provide easyaccess to information and procedurecompletion through the points of singlecontact. Citizens seeking recognition oftheir qualifications under Directive

(23) One of the major difficulties a citizenwho is interested to work in anotherMember State is facing, is complexity anduncertainty of administrative proceduresto comply with. Directive 2006/123/ECalready obliges Member States to provideeasy access to information and procedurecompletion through the points of singlecontact. Citizens seeking recognition oftheir qualifications under Directive2005/36/EC can already use the points of



27

2005/36/EC can already use the points ofsingle contact if they are covered byDirective 2006/123/EC. However, jobseekers and health professionals are notcovered by Directive 2006/123/EC andavailable information remains scarce.There is therefore a need to specify thatinformation, from a user perspective, andto ensure that such information is easilyavailable. It is also important thatMember States not only takeresponsibility at national level but alsocooperate with each other and theCommission to ensure that professionalsthroughout the Union have an easy accessto a user-friendly and multilingualinformation and to procedure completionthrough the points of single contact.Links should be made available throughother websites, such as the Your Europeportal.

single contact if they are covered byDirective 2006/123/EC. However, jobseekers and health professionals are notcovered by Directive 2006/123/EC andavailable information remains scarce.There is therefore a need to specify thatinformation, from a user perspective, andto ensure that such information is easilyavailable. It is also important that MemberStates not only take responsibility atnational level but also cooperate witheach other and the Commission to ensurethat professionals throughout the Unionhave an easy access to a user-friendly andmultilingual information and to procedurecompletion through the points of singlecontact. Links should be made availablethrough other websites, such as the YourEurope portal. In addition to the pointsof single contact, Member States shouldestablish assistance centres to provide,upon request, direct support to citizens.To this end, the national contact pointswhich exist under the current Directiveshould in future be nominated asassistance centres. These assistancecentres will focus on individual cases,providing advice and assistance tocitizens, via emails, phone calls or evenface to face meetings. Where necessary,they would liaise with competentauthorities and assistance centres ofother Member States.

Recital 24

(24) In order to supplement or amendcertain non-essential elements of

(24) In order to supplement or amendcertain non-essential elements of

(24) order to supplement or amend certainnon-essential elements of Directive



28

Directive 2005/36/EC, the power to adoptacts in accordance with Article 290 of theTreaty on the Functioning of theEuropean Union should be delegated tothe Commission in respect of updating ofAnnex I, setting the criteria for thecalculation of fees related to theEuropean Professional Card, establishingthe details of the documentationnecessary for the European ProfessionalCard, the adaptations of the list ofactivities set out in Annex IV, theadaptations of points 5.1.1 to 5.1.4, 5.2.2,5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1of Annex V, clarifying the knowledgeand skills for medical doctors, nursesresponsible for general care, dentalpractitioners, veterinary surgeons,midwives, pharmacists and architects,adapting the minimum periods of trainingfor specialist medical trainings andspecialist dental training, the inclusion inpoint 5.1.3 of Annex V of new medicalspecialities, the amendments to the list setout in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and5.6.1 of Annex V, inclusion in point 5.3.3of Annex V of new dental specialities,specifying the conditions of applicationof common training frameworks, andspecifying the conditions of applicationof common training tests. It is ofparticular importance that theCommission carries out appropriateconsultations during its preparatory work,including at expert level. TheCommission, when preparing anddrawing-up delegated acts, should ensurea simultaneous, timely and appropriatetransmission of relevant documents to the

Directive 2005/36/EC, the power to adoptacts in accordance with Article 290 of theTreaty on the Functioning of theEuropean Union should be delegated tothe Commission in respect of updating ofAnnex I, amending the list contained inAnnex II, establishing the details of thedocumentation necessary for theEuropean Professional Card, theadaptations of the list of activities set outin Annex IV, the adaptations of points5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2,5.5.2, 5.6.2 and 5.7.1 of Annex V,clarifying the knowledge and skills formedical doctors, nurses responsible forgeneral care, dental practitioners,veterinary surgeons, midwives,pharmacists and architects, adapting theminimum periods of training for specialistmedical trainings and specialist dentaltraining, the inclusion in point 5.1.3 ofAnnex V of new medical specialities, theamendments to the list set out in points5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 ofAnnex V, inclusion in point 5.3.3 ofAnnex V of new dental specialities,specifying the conditions of application ofcommon training frameworks, andspecifying the conditions of application ofcommon training tests. It is of particularimportance that the Commission carriesout appropriate representation andconsultations during its preparatory work,including experts at both Union andnational level which may includecompetent authorities, professionalassociations, scientific organisations,academia and social partners. TheCommission, when preparing and

2005/36/EC, the power to adopt acts inaccordance with Article 290 of the Treatyon the Functioning of the European Unionshould be delegated to the Commission inrespect of updating of Annex I, setting thecriteria for the calculation of fees relatedto the European Professional Card,establishing the details of thedocumentation necessary for theEuropean Professional Card, theadaptations of the list of activities set outin Annex IV, the updating of non-essential elements referred to in Article21(6), the adaptations of points 5.1.1 to5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2and 5.7.1 of Annex V, clarifying theknowledge and skills for medical doctors,nurses responsible for general care, dentalpractitioners, veterinary surgeons,midwives, pharmacists andarchitects,adapting the minimum periodsof training for specialist medical trainingof medical and dental specialists andspecialist dental training, the inclusion inpoint 5.1.3 of Annex V of new medicalspecialities, the amendments to the list setout in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and5.6.1 of Annex V, and the inclusion inpoint 5.3.3 of Annex V of new dentalspecialities, specifying the conditions ofapplication of common trainingframeworks, and specifying theconditions of application of commontraining tests. It is of particularimportance that the Commission carriesout appropriate consultations during itspreparatory work, including at expertlevel. The Commission, when preparingand drawing-up delegated acts, should



29

European Parliament and to the Council. drawing-up delegated acts, should ensurea simultaneous, timely, transparent andappropriate transmission of relevantdocuments to the European Parliamentand to the Council. (AM 25)

ensure a simultaneous, timely andappropriate transmission of relevantdocuments to the European Parliamentand to the Council.

Recital 25

(25) In order to ensure uniformconditions for the implementation ofDirective 2005/36/EC, implementingpowers should be conferred on theCommission. Those powers should beexercised in accordance with Regulation(EU) No 182/2011 of the EuropeanParliament and of the Council of 16February 2011 laying down the rules andgeneral principles concerningmechanisms for control by the MemberStates of the Commission’s exercise ofimplementing powers15.

(25) In order to ensure uniform conditionsfor the implementation of Directive2005/36/EC, implementing powers shouldbe conferred on the Commission. ThoseThe implementing powers relating tothe European Professional Card, thecommon training principles and thealert mechanism should be exercised inaccordance with Regulation (EU) No182/2011 of the European Parliament andof the Council of 16 February 2011 layingdown the rules and general principlesconcerning mechanisms for control by theMember States of the Commission'sexercise of implementing powers.

Recital 26

(26) The advisory procedure should beused for the adoption of implementingacts in order to lay down common anduniform rules regarding the specificationof European Professional Cards forspecific professions, the format of theEuropean Professional Card, thetranslations necessary to support anapplication for issuing a EuropeanProfessional Card, details for the

(26) The advisory procedure should beused for the adoption of implementingacts in order to lay down common anduniform rules regarding the specificationof European Professional Cards forspecific professions, the format of theEuropean Professional Card, thetranslations necessary to support anapplication for issuing a EuropeanProfessional Card, details for the

(26) The advisory examination procedureshould be used for the adoption ofimplementing acts in order to lay downcommon and uniform rules regarding thespecification of European ProfessionalCards for specific professions, the formatof the European Professional Card, thetranslations necessary to support anapplication for issuing a EuropeanProfessional Card, details for the

15 OJ L 55, 28.2.2011, p. 13.



30

assessment of the applications for aEuropean Professional Card, the technicalspecifications and the measures necessaryto ensure integrity, confidentiality andaccuracy of information contained in theEuropean Professional Card and in theIMI file, the conditions and theprocedures for making available aEuropean Professional Card, theconditions of access to the IMI file, thetechnical means and the procedures forthe verification of the authenticity andvalidity of a European Professional Cardand the implementation of the alertmechanism, due to the technical natureof those implementing acts.

assessment of the applications for aEuropean Professional Card, the technicalspecifications and the measures necessaryto ensure integrity, confidentiality andaccuracy of information contained in theEuropean Professional Card and in theIMI file, the conditions and theprocedures for making available aEuropean Professional Card. (AM 26)

assessment of the applications for aEuropean Professional Card, the technicalspecifications and the measures necessaryto ensure integrity, confidentiality andaccuracy of information contained in theEuropean Professional Card and in theIMI file, the conditions and theprocedures for making available aEuropean Professional Card, theconditions of access to the IMI file, thetechnical means and the procedures forthe verification of the authenticity andvalidity of a European Professional Card,the establishment and review of commontraining principles and theimplementation of the alert mechanism,due to the technical nature of thoseimplementing acts.

Recital 27

(27) Following the positive experiencewith the mutual evaluation underDirective 2006/123/EC, a similarevaluation system should be included inDirective 2005/36/EC. Member Statesshould notify which professions theyregulate, for which reasons, and discussamongst themselves their findings. Suchsystem would contribute to moretransparency in the professional servicesmarket.



Recital 27a

(27a) The Commission should in duecourse assess the recognition regime



31

applicable to the evidence of formalqualifications as nurse responsible forgeneral care issued by Romania. Suchan assessment should be based on theresults of a special upgradingprogramme, which Romania should setup according to its own legislation orregulation and for which it should liaisewith other Member States and theCommission. The purpose of suchspecial upgrading programme shouldbe to enable holders of the evidence offormal qualifications mentioned inArticle 33a, as well as holders ofevidence of formal qualifications ofpost-secondary level to upgrade theirqualification to successfully satisfy allthe minimum training requirements inArticle 31.

Recital 28

(28) Since the objectives of the action tobe taken, namely the rationalisation,simplification and improvement of therules for the recognition of professionalqualifications, cannot be sufficientlyachieved by the Member States as itwould inevitably result in divergentrequirements and procedural regimesincreasing regulatory complexity andcausing unwarranted obstacles tomobility of professionals and cantherefore, by reason of coherence,transparency and compatibility be betterachieved at Union level, the Union mayadopt measures, in accordance with theprinciple of subsidiarity as set out inArticle 5 of the Treaty on EuropeanUnion. In accordance with the principle

(28) Since the objectives of the actionto be taken, namely the rationalisation,simplification and improvement of therules for the recognition of professionalqualifications, cannot be sufficientlyachieved by the Member States as itwould inevitably result in divergentrequirements and procedural regimesincreasing regulatory complexity andcausing unwarranted obstacles to mobilityof professionals and can therefore, byreason of coherence, transparency andcompatibility be better achieved at Unionlevel, the Union may adopt measures, inaccordance with the principle ofsubsidiarity as set out in Article 5 of theTreaty on European Union. In accordancewith the principle of proportionality, as

(28) Since the objectives of the actionto be taken, namely the rationalisation,simplification and improvement of therules for the recognition of professionalqualifications, cannot be sufficientlyachieved by the Member States as itwould inevitably result in divergentrequirements and procedural regimesincreasing regulatory complexity andcausing unwarranted obstacles to mobilityof professionals and can therefore, byreason of coherence, transparency andcompatibility be better achieved at Unionlevel, the Union may adopt measures, inaccordance with the principle ofsubsidiarity as set out in Article 5 of theTreaty on European Union. In accordancewith the principle of proportionality, as



32

of proportionality, as set out in thatArticle, this Directive does not go beyondwhat is necessary in order to achievethose objectives

set out in that Article, this Directive doesnot go beyond what is necessary in orderto achieve those objectives.

set out in that Article, this Directive doesnot go beyond what is necessary in orderto achieve those objectives.

Recital 29

(29) In accordance with the Joint PoliticalDeclaration of Member States and theCommission on explanatory documentsof [date], Member States have undertakento accompany, in justified cases, thenotification of their transpositionmeasures with one or more documentsexplaining the relationship between thecomponents of a directive and thecorresponding parts of nationaltransposition instruments. With regard tothis Directive, the legislator considers thetransmission of such documents to bejustified.

(29) In accordance with the Joint PoliticalDeclaration of Member States and theCommission on explanatory documents of[date], Member States have undertaken toaccompany, in justified cases, thenotification of their transpositionmeasures with one or more documentsexplaining the relationship between thecomponents of a directive and thecorresponding parts of nationaltransposition instruments. With regard tothis Directive, the legislator considers thetransmission of such documents to bejustified.

(29) In accordance with the Joint PoliticalDeclaration of Member States and theCommission on explanatory documents of[date], Member States have undertaken toaccompany, in justified cases, thenotification of their transpositionmeasures with one or more documentsexplaining the relationship between thecomponents of a directive and thecorresponding parts of nationaltransposition instruments. With regard tothis Directive, the legislator considers thetransmission of such documents to bejustified.

Recital 29a

(29a) The European Data ProtectionSupervisor has given an opinion on 8March 2012 pursuant to Articles 4(e),56(a) and 58 of the proposal for aDirective of the European Parliamentand of the Council amending Directive2005/36/EC on the recognition ofprofessional qualifications andRegulation (EU) No 1024/2012 onadministrative cooperation through theInternal Market Information Systemand repealing Commission Decision2008/49/EC (‘the IMI Regulation’).

(29a) The European Data ProtectionSupervisor has given an opinion on 8March 2012 pursuant to Articles 4(e),56(a) and 58 of the proposal for aDirective of the European Parliamentand of the Council amending Directive2005/36/EC on the recognition ofprofessional qualifications andRegulation (EU) No 1024/2012 onadministrative cooperation through theInternal Market Information Systemand repealing Commission Decision2008/49/EC (‘the IMI Regulation’).



33

Recital 30

(30) Directive 2005/36/EC shouldtherefore be amended accordingly,



HAVE ADOPTED THIS DIRECTIVE: HAVE ADOPTED THIS DIRECTIVE: HAVE ADOPTED THIS DIRECTIVE:

Article 1 Purpose

Article 1Amendments to Directive 2005/36/EC

Article 1

Amendments to Directive 2005/36/EC

Article 1

Amendments to Directive 2005/36/EC

Directive 2005/36/EC is amended asfollows:



(1) In Article 1, the following secondparagraph is added:

"This Directive also establishes rulesconcerning partial access to a regulatedprofession and access to and recognitionof remunerated traineeships pursued inanother Member State."

This Directive also establishes rulesconcerning partial access to certainregulated professions and access to andrecognition of traineeships pursued inanother Member State.(AM 27)

(1) In Article 1, the followingsecond paragraph is added:

"This Directive also establishes rulesconcerning partial accessto a regulatedprofession and access to and recognitionof remunerated professional traineeshipspursued in another Member State.".

(1) In Article 1, the followingsecond paragraph is added:"This Directive also establishes rulesconcerning partial accessto a regulatedprofession and access to and recognitionof remunerated professional traineeshipspursued in another Member State.".

(1a) In Article 1, the followingparagraph is added:

"This Directive shall apply withoutprejudice to measures necessary toensure a high level of health andconsumer protection."

(AM 28)



34

Article 2 Scope

(2) In Article 2, paragraph 1 is replacedby the following:

(2) In Article 2 is amended as follows:

(a) The first paragraph is replacedby the following:

2) In Article 2 is amended as follows:

(a) The first paragraph is replacedby the following:

"1. This Directive shall apply to allnationals of a Member State wishing topursue a regulated profession or aremunerated traineeship in a MemberState, including those belonging to theliberal professions, other than that inwhich they obtained their professionalqualifications, on either a self-employedor employed basis."

1. This Directive shall apply to allnationals of a Member State wishing topursue a regulated profession or atraineeship in a Member State, includingthose belonging to the liberal professions,other than that in which they obtainedtheir professional qualifications, on eithera self-employed or employed basis.

(AM 29)

"1. This Directive shall apply to allnationals of a Member State wishing topursue a regulated profession or aremunerated traineeship in a MemberState, including those belonging to theliberal professions, other than that inwhich they obtained their professionalqualifications, on either a self-employedor employed basis.

This Directive shall also apply to allnationals of a Member State havingpursued a professional traineeshipoutside the home Member State."

"1. This Directive shall apply to allnationals of a Member State wishing topursue a regulated profession or aremunerated traineeship in a MemberState, including those belonging to theliberal professions, other than that inwhich they obtained their professionalqualifications, on either a self-employedor employed basis.

This Directive shall also apply to allnationals of a Member State havingpursued a professional traineeshipoutside the home Member State."

(2a) In Article 2, the followingparagraph is inserted:

"1a. Title II on the free provision ofservices shall not be applicable to thenotaries."

(AM 30)

(b) The following paragraph 4 isadded:“4. This Directive shall not applyto notaries who are appointed by anofficial act of government.”.

(b) The following paragraph 4 isadded:

“4. This Directive shall not applyto notaries who are appointed by anofficial act of government.”.

Article 3 Definitions

(3) Article 3 is amended as follows: (3) Article 3 is amended as follows: (3) Article 3 is amended asfollows:



35

(a) Paragraph 1 is amended as follows:

(i) Point (f) is replaced by the following:

i) Points (f) and (h) are replaced by thefollowing:

(AM 31)

(a) Paragraph 1 is amended asfollows:

(i) Point (f) is replaced by the following:

i) Points (f) and (h) are replaced by thefollowing:

"(f) 'professional experience': the actualand lawful full-time or equivalent part-time pursuit of the profession concernedin a Member State;"

(f) 'professional experience': the actual,lawful and unconditional full-time orequivalent part-time pursuit of theprofession concerned in a Member State;

h) 'aptitude test': a test of theprofessional knowledge, skills andcompetences of the applicant, made orrecognised by the competent authoritiesof the host Member State with the aimof assessing the ability of the applicantto pursue a regulated profession in thatMember State. In order to permit thistest to be carried out, the competentauthorities shall draw up a list ofsubjects which, on the basis of acomparison of the education andtraining required in the Member Stateand that received by the applicant, arenot covered by the diploma or otherevidence of formal qualificationspossessed by the applicant.

The aptitude test must take account ofthe fact that the applicant is a qualifiedprofessional in the home Member Stateor the Member State from which hecomes. It shall cover subjects to beselected from those on the list,knowledge of which is essential in orderto be able to pursue the profession inthe host Member State. The test mayalso include knowledge of theprofessional rules applicable to the

"(f) 'professional experience': the actualand lawful full-time or equivalent part-time pursuit of the profession concernedin a Member State;"

(f) 'professional experience': the actualand lawful full-time or equivalent part-time pursuit of the profession concernedin a Member State;"

h) 'aptitude test': a test of theprofessional knowledge, skills andcompetences of the applicant, made orrecognised by the competent authoritiesof the host Member State with the aimof assessing the ability of the applicantto pursue a regulated profession in thatMember State. In order to permit thistest to be carried out, the competentauthorities shall draw up a list ofsubjects which, on the basis of acomparison of the education andtraining required in the Member Stateand that received by the applicant, arenot covered by the diploma or otherevidence of formal qualificationspossessed by the applicant.

The aptitude test must take account ofthe fact that the applicant is a qualifiedprofessional in the home Member Stateor the Member State from which hecomes. It shall cover subjects to beselected from those on the list,knowledge of which is essential in orderto be able to pursue the profession inthe host Member State. The test mayalso include knowledge of theprofessional rules applicable to the



36

activities in question in the hostMember State.

The detailed application of the aptitudetest and the status, in the host MemberState, of the applicant who wishes toprepare himself for the aptitude test inthat State shall be determined by thecompetent authorities in that MemberState;

(AM 32)

activities in question in the hostMember State.

The detailed application of the aptitudetest and the status, in the host MemberState, of the applicant who wishes toprepare himself for the aptitude test inthat State shall be determined by thecompetent authorities in that MemberState;

(ii) The following points are added: (ii) The following points are added: (ii) The following points are added:

"(j) 'remunerated traineeship': thepursuit of supervised and remuneratedactivities, with a view to access to aregulated profession granted on thebasis of an examination;

(k) 'European Professional Card': anelectronic certificate issued to theprofessional proving the recognition ofhis qualifications for establishment in ahost Member State or that he has met allthe necessary conditions to provideservices in a host Member State on atemporary and occasional basis;

(j) 'traineeship: the pursuit of supervisedactivities completed in the framework ofa contract which form a mandatory partof the training with a view to gainingaccess to or being granted the right toexercise a regulated profession; (AM 33)

"(j) 'professional traineeship': withoutprejudice to Article 46(5), a period ofprofessional practice carried out undersupervision provided it constitutes acondition for access to a regulatedprofession, and which can take placeeither during or after completion of aneducation leading to a diploma;'remunerated traineeship': the pursuit ofsupervised and remunerated activitieswith a view to accessing to a regulatedprofession granted on the basis of anexamination;

(k) 'European Professional Card': anelectronic certificate issued to theprofessional proving either therecognition of his qualifications forestablishment in a host Member State orthat the professional he has met all thenecessary conditions to provide servicesin a host Member State on a temporaryand occasional basis;

"(j) 'professional traineeship': withoutprejudice to Article 46(5), a period ofprofessional practice carried out undersupervision provided it constitutes acondition for access to a regulatedprofession, and which can take placeeither during or after completion of aneducation leading to a diploma;'remunerated traineeship': the pursuit ofsupervised and remunerated activitieswith a view to accessing to a regulatedprofession granted on the basis of anexamination;

(k) 'European Professional Card': anelectronic certificate issued to theprofessional proving either therecognition of his qualifications forestablishment in a host Member State orthat the professional he has met all thenecessary conditions to provide servicesin a host Member State on a temporaryand occasional basis;



37

(l) 'lifelong learning': all generaleducation, vocational education andtraining, non-formal education andinformal learning undertaken throughoutlife, resulting in an improvement inknowledge, skills and competences.".

(l) 'lifelong learning': general education,vocational education and training andnon-formal education undertakenthroughout life, resulting in animprovement in knowledge, skills andcompetences in terms of professionalrequirements and professional ethics;(AM 34)

(l) 'lifelong learning': all generaleducation, vocational education andtraining, non-formal education andinformal learning undertaken throughoutlife, resulting in an improvement inknowledge, skills and competences.".

(l) 'lifelong learning': all generaleducation, vocational education andtraining, non-formal education andinformal learning undertaken throughoutlife, resulting in an improvement inknowledge, skills and competences whichmay include professional ethics.".

(1a) 'training requirements andconditions': the common set ofknowledge, skills and competencesnecessary for the pursuit of a givenprofession;

(AM 35)

(1b) 'European Credit Transfer Systemor ECTS credits': credits expressing thequantity of work each course unitrequires in relation to the total quantityof work necessary to complete a full yearof study under the ECTS system foraccumulating study credits on the basisof transparency and comparability ofqualifications; the quantity of work shallinclude not only lectures, practical workand seminars, but also traineeships,research or field work, private study,examinations and other assessmentactivities; under the ECTS system, thequantity of work for one year of studyshall correspond to 60 ECTS credits, andone semester's study shall correspond to30 ECTS credits;

(AM 36)

‘European Credit Transfer andAccumulation System or ECTScredits’: the credit system for highereducation as used in the EuropeanHigher Education Area

(lc) 'liberal professions': professionspractised on the basis of relevant



38

professional qualifications whichprovide, in a personal, responsible andprofessionally independent capacity,intellectual and conceptual services inthe interest of the client and the public;(AM 37)

(ld) ‘dual training’: the alternatingprovision of vocational skills in twolearning contexts – the workenvironment and the vocational school –on the basis of coordinated educationaland quality standards. The term‘vocational skills’ means the capacityand willingness to use knowledge,competences and personal, social andmethodological skills both in worksituations and for the purpose ofprofessional and personal development;(AM 38)

(le) "overriding reasons of generalinterest" reasons recognised as such inthe case-law of the Court of Justice,including the following grounds: publicpolicy; public security; public safety;public health; preserving the financialequilibrium of the social security system;the protection of consumers, recipientsof services and workers; fairness of tradetransactions; combating fraud;safeguarding the sound administrationof justice; the protection of theenvironment and the urbanenvironment; the health of animals;intellectual property; the conservation ofthe national historic and artisticheritage; social policy objectives andcultural policy objectives.

(le) "overriding reasons of generalinterest" reasons recognised as such inthe case-law of the Court of Justice.



39

(AM 39)

(b) In paragraph 2, the third subparagraphis replaced by the following:

"On each occasion that a Member Stategrants recognition to an association ororganisation referred to in the firstsubparagraph, it shall inform theCommission. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe update of Annex I where thatrecognition is in compliance with thisDirective.

Where the Commission considers that therecognition referred to in the thirdsubparagraph is not in compliance withthis Directive, it shall adopt animplementing decision on that non-compliance, within six months ofreceiving all necessary information.".

(b) In paragraph 2, the thirdsubparagraph is replaced by thefollowing:

"On each occasion that a Member Stategrants recognition to an association ororganisation referred to in the firstsubparagraph, it shall inform theCommission. The Commission shallexamine whether this informationfulfils the conditions provided for in thesecond sub-paragraph. In order to takedue account of regulatorydevelopments in Member States andwhere the conditions provided for inthe second sub-paragraph are satisfiedwith, the Commission shall beempowered to adopt delegated acts inaccordance with Article 58a in order toconcerning the update of Annex I. wherethat recognition isin compliance with thisDirective.

Where the conditions provided for inthe second sub-paragraph are notsatisfied with, the Commission shalladopt an implementing act in order toreject the requested update of Annex I.Where the Commission considers that therecognition referred to in the thirdsubparagraph is not in compliance withthis Directive, it shall adopt animplementing decision on that non-compliance, within six months ofreceiving all necessary information.".

(b) In paragraph 2, the thirdsubparagraph is replaced by thefollowing:

"On each occasion that a Member Stategrants recognition to an association ororganisation referred to in the firstsubparagraph, it shall inform theCommission. The Commission shallexamine whether this informationfulfils the conditions provided for in thesecond sub-paragraph. In order to takedue account of regulatorydevelopments in Member States andwhere the conditions provided for inthe second sub-paragraph are satisfiedwith, the Commission shall beempowered to adopt delegated acts inaccordance with Article 58a in order toconcerning the update of Annex I. wherethat recognition isin compliance with thisDirective.

Where the conditions provided for inthe second sub-paragraph are notsatisfied with, the Commission shalladopt an implementing act in order toreject the requested update of Annex I.Where the Commission considers that therecognition referred to in the thirdsubparagraph is not in compliance withthis Directive, it shall adopt animplementing decision on that non-compliance, within six months ofreceiving all necessary information.".



40

Article 4 Effects of recognition


(4) In Article 4, paragraph 1 isreplaced by the following:


"1. The recognition of professionalqualifications by the host Member Stateshall allow the beneficiary to gain accessin that Member State to the sameprofession or, in the cases referred to inArticle 4f, to part of the same profession,as that for which he is qualified in thehome Member State and to pursue it inthe host Member State under the sameconditions as its nationals.".

1. The recognition of professionalqualifications by the host Member Stateshall allow the beneficiary to gain accessin that Member State to the sameprofession as that for which he is qualifiedin the home Member State and to pursueit in the host Member State under thesame conditions as its nationals. (AM 40)

"1. The recognition of professionalqualifications by the host Member Stateshall allow the beneficiary to gain accessin that Member State to the sameprofession or, in the cases referred to inArticle 4f, to part of the same profession,as that for which they are qualified in thehome Member State and to pursue it inthe host Member State under the sameconditions as its nationals.".

"1. The recognition of professionalqualifications by the host Member Stateshall allow the beneficiary to gain accessin that Member State to the sameprofession or, in the cases referred to inArticle 4f, to part of the same profession,as that for which they are qualified in thehome Member State and to pursue it inthe host Member State under the sameconditions as its nationals.".

(4a) In Article 4, a new paragraph 3is inserted:

"3. By way of derogation fromparagraph 1, partial access to aprofession in the host Member Stateshall be granted under the conditionslaid down in Article 4f."

(4a) In Article 4, a new paragraph 3is inserted:

"3. By way of derogation fromparagraph 1, partial access to aprofession in the host Member Stateshall be granted under the conditionslaid down in Article 4f."

Article 4a European Professional Card

(5)The following Articles 4a to 4f areinserted:

(5) The following Articles 4a to 4fare inserted:

(5) The following Articles 4a to 4fare inserted:

"Article 4a "Article 4a "Article 4a



41

European Professional Card European Professional Card European Professional Card

1. Member States shall provide aholder of a professional qualification witha European Professional Card upon hisrequest and on condition that theCommission has adopted the relevantimplementing acts provided for inparagraph 6.

1. Member States shall provide a holdersof a professional qualification with aEuropean Professional Card upon histheir request and on condition that theCommission has adopted the relevantimplementing acts provided for inparagraph 6.

1. Member States shall provide a holdersof a professional qualification with aEuropean Professional Card upon histheir request and on condition that theCommission has adopted the relevantimplementing acts provided for inparagraph 6.

1a. When a European ProfessionalCard has been introduced for aprofession in accordance withparagraph 6, the holder of aprofessional qualification concernedmay choose to apply for such a card orto make use of the procedures providedfor in Title II and III.

1a. When a European ProfessionalCard has been introduced for aprofession in accordance withparagraph 6, the holder of aprofessional qualification concernedmay choose to apply for such a card orto make use of the procedures providedfor in Title II and III.

2. Member States shall ensure thatthe holder of a European ProfessionalCard benefits from all the rightsconferred by Articles 4b to 4e, uponvalidation of the Card by the competentauthority of the relevant Member State asprovided for in paragraphs 3 and 4 of thisArticle.

2. Member States shall ensure that theholder of a European Professional Cardbenefits from all the rights conferred byArticles 4b to 4e. upon validation of theCard by the competent authority of therelevant Member State as provided for inparagraphs 3 and 4 of this Article.

2. Member States shall ensure that theholder of a European Professional Cardbenefits from all the rights conferred byArticles 4b to 4e. upon validation of theCard by the competent authority of therelevant Member State as provided for inparagraphs 3 and 4 of this Article.

3. Where the holder of aqualification intends to provide servicesunder Title II other than those covered byArticle 7(4), the European ProfessionalCard shall be created and validated by thecompetent authority of the home MemberState in accordance with Articles 4b and

3. Where the holder of aqualification intends to provide servicesunder Title II other than those covered byArticle 7(4), the European ProfessionalCard shall be issued created and validatedby the competent authority of the homeMember State in accordance with Articles

3. Where the holder of aqualification intends to provide servicesunder Title II other than those covered byArticle 7(4), the European ProfessionalCard shall be issued created and validatedby the competent authority of the homeMember State in accordance with Articles



42

4c. 4b and 4c. The European ProfessionalCard shall, where applicable, constitutethe declaration under Article 7.

4b and 4c. The European ProfessionalCard shall, where applicable, constitutethe declaration under Article 7.

4. Where the holder of aqualification intends to establish himselfin another Member State under Chapters Ito IIIa of Title III or to provide servicesunder Article 7(4), the EuropeanProfessional Card shall be created by thecompetent authority of the home MemberState and validated by the competentauthority of the host Member State inaccordance with Articles 4b and 4d.

4. Where the holder of aqualification intends to establish himselfin another Member State under Chapters Ito IIIa of Title III or to provide servicesunder Article 7(4), the EuropeanProfessional Card shall be created by thecompetent authority of the home MemberState shall complete all prescribedpreparatory steps with regard to theIMI file as provided for in Articles 4band 4d. and validated by tThe competentauthority of the host Member State shallissue the European Professional Cardin accordance with Articles 4b and 4d.

For purpose of establishment, theissuance of a European ProfessionalCard does not provide an automaticright to practise a particular professionif there are registration requirementsor other control procedures already inplace in the host Member State before aEuropean Professional Card isintroduced for that profession.

4. Where the holder of aqualification intends to establish himselfin another Member State under Chapters Ito IIIa of Title III or to provide servicesunder Article 7(4), the EuropeanProfessional Card shall be created by thecompetent authority of the home MemberState shall complete all prescribedpreparatory steps with regard to theIMI file as provided for in Articles 4band 4d. and validated by tThe competentauthority of the host Member State shallissue the European Professional Cardin accordance with Articles 4b and 4d.

For purpose of establishment, theissuance of a European ProfessionalCard does not provide an automaticright to practise a particular professionif there are registration requirementsor other control procedures already inplace in the host Member State before aEuropean Professional Card isintroduced for that profession.

5. Member States shall designatecompetent authorities for issuingEuropean Professional Cards. Thoseauthorities shall ensure an impartial,objective and timely processing ofapplications for European ProfessionalCards. The Assistance Centers referredto in Article 57b may also act in the

5. Member States shall designatecompetent authorities for issuingEuropean Professional Cards. Thoseauthorities shall ensure an impartial,objective and timely processing ofapplications for European ProfessionalCards. Member States may decide thatthe Assistance Centres referred to in

5. Member States shall designatecompetent authorities for dealing withissuing IMI files and issuing EuropeanProfessional Cards. Those Theseauthorities shall ensure an impartial,objective and timely processing ofapplications for European ProfessionalCards. The Assistance Centres referred to

5. Member States shall designatecompetent authorities for dealing withissuing IMI files and issuing EuropeanProfessional Cards. Those Theseauthorities shall ensure an impartial,objective and timely processing ofapplications for European ProfessionalCards. The Assistance Centres referred to



43

capacity of a competent authority toissue a European Professional Card.Member States shall ensure thatcompetent authorities inform citizens,including prospective applicants, on theadvantages of a European ProfessionalCard where it is available.

Article 57b are to support the competentauthorities during the preliminary stageof preparing the documentation requiredin order to obtain the Professional Cardin accordance with this Article. MemberStates shall ensure that competentauthorities inform citizens, includingprospective applicants, on the advantagesof a European Professional Card where itis available.

(AM 41)

in Article 57b may also act in the capacityof a competent authority. Member Statesshall ensure that competent authoritiesand assistance centres inform citizens,including prospective applicants, on thefunctioningadvantages and the addedvalue of a European Professional Cardfor the professions for which where it isavailable.

in Article 57b may also act in the capacityof a competent authority. Member Statesshall ensure that competent authoritiesand assistance centres inform citizens,including prospective applicants, on thefunctioningadvantages and the addedvalue of a European Professional Cardfor the professions for which where it isavailable.

6. The Commission shall adoptimplementing acts specifying EuropeanProfessional Cards for specificprofessions, establishing the format of theEuropean Professional Card, thetranslations necessary to support anyapplication for issuing a EuropeanProfessional Card and details for theassessment of applications, taking intoaccount the particularities of eachprofession concerned. Thoseimplementing acts shall be adopted inaccordance with the advisory procedurereferred to in Article 58.

6. The Commission shall adoptimplementing acts specifying EuropeanProfessional Cards, to be issued tospecific professions where they requestthem, establishing the format of theEuropean Professional Card, thetranslations necessary to support anyapplication for issuing a EuropeanProfessional Card and details for theassessment of applications, taking intoaccount the particularities of eachprofession concerned. Thoseimplementing acts shall be adopted inaccordance with the advisory procedurereferred to in Article 58. In addition tothe procedure laid down in Article 58,the Commission shall carry out a properconsultation of stakeholders before theadoption of such act. That procedureshall in particular ensure that theEuropean Professional Card willprimarily focus on facilitating andincreasing the mobility of professionals,regardless of whether or not they areregulated, and it shall in particular avoid

6. The Commission shall, adopt byway of implementing acts adoptmeasures specifying necessary toensure the uniform application of theprovisions on the EuropeanProfessional Cards for specific thoseprofessions meeting the conditions laiddown in the second subparagraph,establishing including measuresconcerning the format of the EuropeanProfessional Card, the processing ofwritten applications, the translations tobe provided by the applicant necessaryto support any application for issuing aEuropean Professional Card, and detailsof the documentation required on thebasis of Article 7(2) or Annex VII topresent a complete for the assessment ofapplications and how payments for aEuropean Professional Card will bemade and processed, taking into accountthe particularities of the each professionconcerned. The Commission shall alsospecify in implementing acts how,when and for which documents

6. The Commission shall, adopt byway of implementing acts adoptmeasures specifying necessary toensure the uniform application of theprovisions on the EuropeanProfessional Cards for specific thoseprofessions meeting the conditions laiddown in the second subparagraph,establishing including measuresconcerning the format of the EuropeanProfessional Card, the processing ofwritten applications, the translations tobe provided by the applicant necessaryto support any application for issuing aEuropean Professional Card, and detailsof the documentation required on thebasis of Article 7(2) or Annex VII topresent a complete for the assessment ofapplications and how payments for aEuropean Professional Card will bemade and processed, taking into accountthe particularities of the each professionconcerned. The Commission shall alsospecify in implementing acts how,when and for which documents



44

the creation of any additional regulatoryand administrative barriers.

(AM 42)

competent authorities may requestcertified copies in accordance withArticles 4b(3), 4d(2) and 4d(3) for theprofession concerned.

The introduction of a EuropeanProfessional Card shall be subject toall the following conditions:

(a) there is significant mobility orpotential for significant mobility in theprofession concerned,

(b) there is sufficient interestexpressed by the relevant stakeholders,and

(c) the profession or the educationand training geared to the pursuit ofthe profession is regulated in asignificant number of Member States.

Those implementing acts shall be adoptedin accordance with the advisoryexamination procedure referred to inArticle 58(2).

competent authorities may requestcertified copies in accordance withArticles 4b(3), 4d(2) and 4d(3) for theprofession concerned.

The introduction of a EuropeanProfessional Card shall be subject toall the following conditions:

(a) there is significant mobility orpotential for significant mobility in theprofession concerned,

(b) there is sufficient interestexpressed by the relevant stakeholders,and

(c) the profession or the educationand training geared to the pursuit ofthe profession is regulated in asignificant number of Member States.

Those implementing acts shall be adoptedin accordance with the advisoryexamination procedure referred to inArticle 58(2).

6a.The Commission shall publish areport on the functioning of theEuropean Professional Card for theprofessions selected according toparagraph 6 within two years after theadoption of the first implementing actintroducing the card for a givenprofession.

7. Any fees which applicants may incurin relation to administrative procedures

7. The administrative procedure to issue aEuropean Professional Card shall not

7. Any fees which applicants may incur inrelation to administrative procedures to

7. Any fees which applicants may incur inrelation to administrative procedures to



45

to issue a European Professional Cardshall be reasonable, proportionate andcommensurate with the costs incurredby the home and host Member Statesand shall not act as a disincentive toapply for a European Professional Card.The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the setting ofcriteria for the calculation anddistribution of fees.

entail any additional cost for theindividual professional.

(AM 43)

issue a European Professional Card shallbe reasonable, proportionate andcommensurate with the costs incurred bythe home and host Member States andshall not act as a disincentive to apply fora European Professional Card.

the Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the setting ofcriteria for the calculation and distributionof fees.

issue a European Professional Card shallbe reasonable, proportionate andcommensurate with the costs incurred bythe home and host Member States andshall not act as a disincentive to apply fora European Professional Card.

8. The recognition of qualificationsthrough a European Professional Cardshall serve as a procedural alternative tothe recognition of professionalqualifications under the proceduresprovided in Title II and III of thisDirective.

The availability of a EuropeanProfessional Card for a specificprofession shall not preclude a holder of aprofessional qualification for thatprofession from seeking recognition ofhis qualifications under the procedures,conditions, requirements and deadlinesprovided for in this Directive other thanthose for the European Professional Card.


The availability of a EuropeanProfessional Card for a specific professionshall not preclude a holder of aprofessional qualification for thatprofession from seeking recognition of hisqualifications under the procedures,conditions, requirements and deadlinesprovided for in this Directive other thanthose for the European Professional Card.


The availability of a EuropeanProfessional Card for a specific professionshall not preclude a holder of aprofessional qualification for thatprofession from seeking recognition of hisqualifications under the procedures,conditions, requirements and deadlinesprovided for in this Directive other thanthose for the European Professional Card.

8a. Articles 4a to 4e shall not apply toprofessional groups that had alreadyintroduced their own EuropeanProfessional Card for their professionalsunder the system provided for inDirectives 77/249 and 98/05 before the



46

entry into force of this Directive.

(AM 44)

Article 4b Application for a European Professional Card and creation of an IMI file

Article 4b

Application for a European ProfessionalCard and creation of an IMI file

Article 4b


Article 4b


Article 4b


1. The Member States shall provide that aholder of a professional qualification mayapply for a European Professional Cardby any means, including through an on-line tool, with the competent authority ofthe home Member State.

1. The Member States shall provide that aholder of a professional qualification mayapply for a European Professional Card inwriting or in electronic form, includingthrough an on-line tool, with thecompetent authority of the home MemberState.

(AM 45)

1. The Member States shall provide that ahome Member State shall enable aholder of a professional qualification tomay apply for a European ProfessionalCard by any means, including through anon-line tool which shall be provided bythe Commission, with the competentauthority of the home Member State.Where a home Member State allowsalso for written applications, it shall putin place all necessary arrangements forthe creation of the IMI file, anyinformation to be sent to the applicantand the issuance of the EuropeanProfessional Card.

1. The Member States shall provide that ahome Member State shall enable aholder of a professional qualification tomay apply for a European ProfessionalCard by any means, including through anon-line tool which shall be provided bythe Commission, with the competentauthority of the home Member State.Where a home Member State allowsalso for written applications, it shall putin place all necessary arrangements forthe creation of the IMI file, anyinformation to be sent to the applicantand the issuance of the EuropeanProfessional Card.

2. Applications shall be supported by thedocumentation required by Article 7(2)and Annex VII as appropriate. TheCommission shall be empowered to adoptdelegated acts in accordance with Article58a concerning the establishment of thedetails of the documentation.

2. Applications shall be supported by thedocumentation required in theimplementing act referred to in Article4a(6)by Article 7(2) and Annex VII. as.appropriate The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe establishment of the details of thedocumentation.

2. Applications shall be supported by thedocumentation required in theimplementing act referred to in Article4a(6)by Article 7(2) and Annex VII. as.appropriate The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe establishment of the details of the



47

documentation.

2a. Where the Member States consider itappropriate, the Assistance Centresreferred to in Article 57b may supportthe competent authorities in thepreliminary processing of thedocumentation referred to in paragraph2 of this Article.

(AM 46)

3. The competent authority of the homeMember State shall acknowledge receiptof the application and inform theapplicant of any missing documentwithout delay from submission of theapplication. It shall create a file of theapplication containing all supportingdocuments within the Internal MarketInformation System (IMI) established byRegulation (EU) No […] of the EuropeanParliament and of the Council(*). In caseof subsequent applications by the sameapplicant, the competent authorities of thehome or the host Member State may notrequest the re-submission of documentswhich are already contained in the IMIfile and which are still valid.

-------------

(*) OJ [IMI Regulation]

3. The competent authority of the homeMember State shall acknowledge receiptof the application and inform theapplicant of any missing document withinthree working days of submission of theapplication. It shall create a file of theapplication containing all supportingdocuments, which must be certified asvalid, within the Internal MarketInformation System (IMI) established byRegulation (EU) No 1024/2012 of theEuropean Parliament and of the Council.In case of subsequent applications by thesame applicant, the competent authoritiesof the home or the host Member Statemay not request the re-submission ofdocuments which are already contained inthe IMI file and which are still valid. (AM47)

3. The competent authority of the homeMember State shall acknowledge receiptof the application and inform theapplicant of any missing document withinone week of the receipt of theapplication. The time period foreseen inArticle 4c(1) and 4d(1) shall start uponreceipt of the missing documents or, ifno further documents were requested,at the expiry of the one week periodreferred to in the first sub-paragraph.

Where applicable, the competentauthority of the home Member Stateshall issue any supporting certificaterequired under the Directivefromsubmission of the application. It shallcreate a file of the application containingall supporting documents within theInternal Market Information System (IMI)established by Regulation (EU) No […]of the European Parliament and of theCouncil. The competent authority of thehome Member State shall verifywhether the applicant is legally

3. The competent authority of the homeMember State shall acknowledge receiptof the application and inform theapplicant of any missing document withinone week of the receipt of theapplication. The time period foreseen inArticle 4c(1) and 4d(1) shall start uponreceipt of the missing documents or, ifno further documents were requested,at the expiry of the one week periodreferred to in the first sub-paragraph.

Where applicable, the competentauthority of the home Member Stateshall issue any supporting certificaterequired under the Directivefromsubmission of the application. It shallcreate a file of the application containingall supporting documents within theInternal Market Information System (IMI)established by Regulation (EU) No […]of the European Parliament and of theCouncil. The competent authority of thehome Member State shall verifywhether the applicant is legally



48

established in the home Member Stateand whether all the necessarydocuments which have been issued inthe home Member State are valid andauthentic. In case of duly justifieddoubts, the competent authority of thehome Member State shall consult therelevant body and may request fromthe applicant a certified copy of adocument. In case of subsequentapplications by the same applicant, thecompetent authorities of the home and orthe host Member State may not requestthe re-submission of documents which arealready contained in the IMI file andwhich are still valid.

established in the home Member Stateand whether all the necessarydocuments which have been issued inthe home Member State are valid andauthentic. In case of duly justifieddoubts, the competent authority of thehome Member State shall consult therelevant body and may request fromthe applicant a certified copy of adocument. In case of subsequentapplications by the same applicant, thecompetent authorities of the home and orthe host Member State may not requestthe re-submission of documents which arealready contained in the IMI file andwhich are still valid.

4. The Commission may adoptimplementing acts specifying thetechnical specifications, the measuresnecessary to ensure integrity,confidentiality and accuracy ofinformation contained in the EuropeanProfessional Card and in the IMI file, theconditions and the procedures for makingavailable a European Professional Card toits holder, including the possibility ofdownloading it or submitting updates forthe file. Those implementing acts shall beadopted in accordance with the advisoryprocedure referred to in Article 58.

4. The Commission may, by wayof implementing acts, adoptimplementing acts specifying thetechnical specifications, the measuresnecessary to ensure integrity,confidentiality and accuracy ofinformation contained in the EuropeanProfessional Card and in the IMI file, theconditions and the procedures for makingavailable a European Professional Card toits holder, including the possibility ofdownloading it or submitting updates forthe file. Those implementing acts shall beadopted in accordance with theexamination advisory procedure referredto in Article 58(2).

4. The Commission may, by wayof implementing acts, adoptimplementing acts specifying thetechnical specifications, the measuresnecessary to ensure integrity,confidentiality and accuracy ofinformation contained in the EuropeanProfessional Card and in the IMI file, theconditions and the procedures for makingavailable a European Professional Card toits holder, including the possibility ofdownloading it or submitting updates forthe file. Those implementing acts shall beadopted in accordance with theexamination advisory procedure referredto in Article 58(2).

Article 4c European Professional Card for the temporary provision of services other than those covered by Article 7(4)



49

Article 4c

European Professional Card for thetemporary provision of services other than

those covered by Article 7(4)

Article 4c

European Professional Card for thetemporary and occasional provision of

services other than those covered byArticle 7(4)

(AM 48)

Article 4c



Article 4c



1. The competent authority of the homeMember State shall verify the application,create and validate a European ProfessionalCard within two weeks from the date itreceives a complete application. It shallinform the applicant and the Member Statein which the applicant envisages to provideservices, of the validation of the EuropeanProfessional Card. The transmission of thevalidation information to the host MemberStates concerned shall constitute thedeclaration provided for in Article 7. Thehost Member State may not require afurther declaration under Article 7 for thefollowing two years.

1. The competent authority of the homeMember State shall verify the application,create and validate a EuropeanProfessional Card within three weeksfrom the date it receives a completeapplication. It shall inform the applicantand the Member State in which theapplicant envisages to provide services, ofthe validation of the EuropeanProfessional Card. The transmission ofthe validation information to the hostMember States concerned shall constitutethe declaration provided for in Article 7.The host Member State may not require afurther declaration under Article 7 for thefollowing two years.

(AM 49)

1. The competent authority of the homeMember State shall verify the applicationand the supporting documentation inthe IMI file and issue the create andvalidate a European Professional Card forthe temporary and occasional provisionof services other than those covered byArticle 7(4) within three weeks twoweeks from the date it receives a completeapplication. It shall then transmit theEuropean Professional Cardimmediatelyto the competent authorityof each host Member State concernedand shall inform the applicantaccordingly. and the Member State inwhich the applicant envisages to provideservices, of the validation of the EuropeanProfessional Card. The transmission ofthe validation information to the hostMember States concerned shall constitutethe declaration provided for in Article 7.The host Member State may not requireany further declaration under Article 7 forthe following 18 months.

1. The competent authority of the homeMember State shall verify the applicationand the supporting documentation inthe IMI file and issue the create andvalidate a European Professional Card forthe temporary and occasional provisionof services other than those covered byArticle 7(4) within three weeks twoweeks from the date it receives a completeapplication. It shall then transmit theEuropean Professional Cardimmediatelyto the competent authorityof each host Member State concernedand shall inform the applicantaccordingly. and the Member State inwhich the applicant envisages to provideservices, of the validation of the EuropeanProfessional Card. The transmission ofthe validation information to the hostMember States concerned shall constitutethe declaration provided for in Article 7.The host Member State may not requireany further declaration under Article 7 forthe following 18 months.

1a. In cases where neither the professionnor the education and training leading tothis profession is regulated in the home



50

Member State, the competent authorityof this Member State shall at least verifythe legal status of the applicant and theauthenticity and completeness of thesubmitted application and supportingdocumentation.

(AM 50)

2. The decision of the home Member State,or the absence of a decision within theperiod of two weeks referred to inparagraph 1, shall be subject to appealunder national law.

2. The decision of the home MemberState, or the absence of a decision withinthe period of three weeks referred to inparagraph 1, shall be subject to appealunder national law.

(AM 51)

2. The decision of the competentauthority of the home Member State, orthe absence of a decision within theperiod of three weeks two weeks referredto in paragraph 1, shall be subject toappeal under national law.

2. The decision of the competentauthority of the home Member State, orthe absence of a decision within theperiod of three weeks two weeks referredto in paragraph 1, shall be subject toappeal under national law.

3. If a holder of a European ProfessionalCard wishes to provide services in MemberStates other than those initially informedpursuant to paragraph 1 or wishes tocontinue providing services beyond theperiod of two years referred to in paragraph1, he may continue to use the EuropeanProfessional Card referred to in paragraph1. In those cases the holder of the EuropeanProfessional Card shall make thedeclaration provided in Article 7.

3. If a holder of a European ProfessionalCard wishes to provide services inMember States other than those referredto in paragraph 1 other than thoseinitially informed pursuant to paragraph 1or wishes to continue providing servicesbeyond the period of two years referred toin paragraph 1, the holder may apply forsuch an extension. To this end, theholder shall also provide anyinformation on material changes thatmay be required by the competentauthority in the home Member State.The competent authority of the homeMember State shall transmit theupdated European Professional Card tothe host Member States concerned. hemay continue to use the EuropeanProfessional Card referred to in paragraph1. In those cases the holder of the

3. If a holder of a European ProfessionalCard wishes to provide services inMember States other than those referredto in paragraph 1 other than thoseinitially informed pursuant to paragraph 1he may apply for such extension. If theholder or wishes to continue providingservices beyond the period of two yearsreferred to in paragraph 1, he shallinform the competent authorityaccordingly. In either case, the holdershall also provide any information onmaterial changes that may be requiredby the competent authority in the homeMember State in accordance with theimplementing act provided for inArticle 4a, 6 of this Directive. Thecompetent authority of the homeMember State shall transmit theupdated European Professional Card to



51

European Professional Card shall makethe declaration provided in Article 7.

The European Professional Card shallbe valid in the entire territory of all thehost Member States concerned.

the host Member States concerned. hemay continue to use the EuropeanProfessional Card referred to in paragraph1. In those cases the holder of theEuropean Professional Card shall makethe declaration provided in Article 7.

The European Professional Card shallbe valid in the entire territory of all thehost Member States concerned.

4. The European Professional Card shall bevalid for as long as its holder maintains theright to practice in the home Member Stateon the basis of the documents andinformation contained in the IMI file.

4. The European Professional Card shallbe valid for as long as its holder maintainsthe right to practice in the home MemberState on the basis of the documents andinformation contained in the IMI file orunless the holder has been restricted orprohibited from practising in anyMember State.

(AM 52)

4. The European Professional Card shallbe valid effective for as long as its holdermaintains the right to practice in the homeMember State on the basis of thedocuments and information contained inthe IMI file.

The European Professional Card shall bevalid for as long as its holder maintainsthe right to practice in the home MemberState on the basis of the documents andinformation contained in the IMI file

Article 4d EPC for establishment and for temporary provision of services under Article 7 (4)

Article 4d

European Professional Card forestablishment and for the temporary

provision of services under Article 7 (4)

Article 4d

European Professional Card forestablishment and for the temporary andoccasional provision of services under

Article 7 (4)

(AM 53)

Article 4d

European Professional Card forestablishment and for the temporary andoccasional provision of services underArticle 7 (4)

Article 4d

European Professional Card forestablishment and for the temporary andoccasional provision of services under

Article 7 (4)

1. Upon receipt of a complete applicationfor a European Professional Card, thecompetent authority of the home MemberState shall, within two weeks, verify andconfirm the authenticity and validity ofthe submitted supporting documents,create the European Professional Card,

1. Upon receipt of a complete applicationfor a European Professional Card, thecompetent authority of the home MemberState shall, within three weeks, verify andconfirm the authenticity and validity ofthe submitted supporting documents,create the European Professional Card,

1. Upon receipt of a complete applicationfor a European Professional Card, Thecompetent authority of the home MemberState shall verify, within one month, forthe purpose of the issuance of aEuropean Professional Card forestablishment and for the temporary

1. Upon receipt of a complete applicationfor a European Professional Card, Thecompetent authority of the home MemberState shall verify, within one month, forthe purpose of the issuance of aEuropean Professional Card forestablishment and for the temporary



52

transmit it for validation to the competentauthority of the host Member State andinform that authority on the correspondingIMI file. The applicant shall be informedby the home Member State of the state ofthe procedure.

transmit it for validation to the competentauthority of the host Member State andinform that authority of the correspondingIMI file. The applicant shall be informedby the home Member State of the state ofthe procedure.

(AM 54)

and occasional provision of servicesunder Article 7(4), two weeks, verify andconfirm the authenticity and validity ofthe submitted supporting documentscreate in the IMI file. the EuropeanProfessional Card. It shall then transmitthe application immediately it forvalidation to the competent authority ofthe host Member State. and inform thatauthority on the corresponding IMI file.The home Member State shall informthe applicant of the state status of theprocedure application at the same timeas it transmits the application to thehost Member State.

and occasional provision of servicesunder Article 7(4), two weeks, verify andconfirm the authenticity and validity ofthe submitted supporting documentscreate in the IMI file. the EuropeanProfessional Card. It shall then transmitthe application immediately it forvalidation to the competent authority ofthe host Member State. and inform thatauthority on the corresponding IMI file.The home Member State shall informthe applicant of the state status of theprocedure application at the same timeas it transmits the application to thehost Member State.

1a. The host Member State shallacknowledge to the professionalconcerned receipt of an application forvalidation of the European ProfessionalCard within five days from the date ofreceipt of that application.

(AM 55)

2. In the cases referred to in Article 16, 21and 49a, a host Member State shall decideon validation of a European ProfessionalCard under paragraph 1 within one monthas from the date of receipt of theEuropean Professional Card transmittedby the home Member State. In case ofjustified doubts, the host Member Statemay request additional information fromthe home Member State. That requestshall not suspend the period of one

2. In the cases referred to in Article 16, 21and 49a, a host Member State shall decideon validation of a European ProfessionalCard under paragraph 1 within one monthas from the date of receipt of theEuropean Professional Card transmittedby the home Member State. In case ofjustified doubts, the host Member Statemay request additional information fromthe home Member State. With regard toprofessions with patient safety

2. In the cases referred to in Article 16,21, 49a and 49b, a host Member Stateshall decide on issuance validation of aEuropean Professional Card underparagraph 1 within one month as from thedate of receipt of the applicationEuropean Professional Card transmittedby the home Member State. In case ofduly justified doubts, the host MemberState may request additional informationfrom, or the inclusion of a certified copy

2. In the cases referred to in Article 16,21, 49a and 49b, a host Member Stateshall decide on issuance validation of aEuropean Professional Card underparagraph 1 within one month as from thedate of receipt of the applicationEuropean Professional Card transmittedby the home Member State. In case ofduly justified doubts, the host MemberState may request additional informationfrom, or the inclusion of a certified copy



53

month. implications, that request may suspendthe period of one month by two weeks.The home Member State shall providerequested additional information withinone week from the receipt of thatrequest. The professional concernedshall be informed of any suchsuspension.

(AM 56)

of a document by, the home MemberState which shall be provided by thelatter within a maximum of two weeksfrom the submission of the request.That request shall not suspend the periodof one month.That request shall notsuspend the period of one month,without prejudice to the possibility ofthe host Member State to extend thedeadline in accordance with paragraph5, second subparagraph.

of a document by, the home MemberState which shall be provided by thelatter within a maximum of two weeksfrom the submission of the request.That request shall not suspend the periodof one month.That request shall notsuspend the period of one month,without prejudice to the possibility ofthe host Member State to extend thedeadline in accordance with paragraph5, second subparagraph.

3. In the cases referred to in Articles 7(4)and 14, a host Member State shall decideon whether to recognise the holder'squalifications or to subject him tocompensation measures within twomonths from the date of receipt forvalidation of the European ProfessionalCard transmitted by the home MemberState. In case of justified doubts, the hostMember State may request additionalinformation from the home Member State.That request shall not suspend the periodof two months.

3. In the cases referred to in Articles 7(4)and 14, a host Member State shall decideon whether to recognise the holder'squalifications or to subject him tocompensation measures within twomonths from the date of receipt forvalidation of the European ProfessionalCard transmitted by the home MemberState. In case of justified doubts, the hostMember State may request additionalinformation from the home Member State.With regard to professions with patientsafety implications, that request maysuspend the period of two months by twoweeks. The home Member State shallprovide requested additional informationwithin one week from the receipt of thatrequest. The professional concernedshall be informed of any suchsuspension. (AM 57)

3. In the cases referred to in Articles 7(4)and 14, a host Member State shall decideon whether to issue a EuropeanProfessional Card recognise the holder'squalifications or to subject him theholder of a professional qualification tocompensation measures within twomonths from the date of receipt forvalidation of the application EuropeanProfessional Card transmitted by thehome Member State. In case of dulyjustified doubts, the host Member Statemay request additional information from,or the inclusion of a certified copy of adocument by, the home Member Statewhich shall be provided by the latterwithin a maximum of two weeks. Thatrequest shall not suspend the period oftwo months. That request shall notsuspend the period of two months,unless a Member State to extend thedeadline in accordance with paragraph5, second subparagraph.

3. In the cases referred to in Articles 7(4)and 14, a host Member State shall decideon whether to issue a EuropeanProfessional Card recognise the holder'squalifications or to subject him theholder of a professional qualification tocompensation measures within twomonths from the date of receipt forvalidation of the application EuropeanProfessional Card transmitted by thehome Member State. In case of dulyjustified doubts, the host Member Statemay request additional information from,or the inclusion of a certified copy of adocument by, the home Member Statewhich shall be provided by the latterwithin a maximum of two weeks. Thatrequest shall not suspend the period oftwo months. That request shall notsuspend the period of two monthswithout prejudice to the possibility ofthe host Member State to extend thedeadline in accordance with paragraph5, second subparagraph.



54

4. In case the host Member State subjectsthe applicant to an aptitude test underArticle 7(4), the applicant shall be able toprovide the service within one month ofthe decision being taken in accordancewith paragraph 3



4a. In case the host Member State doesneither receive the necessaryinformation for taking a decision on theissuance of the European ProfessionalCard by the home Member State norby the applicant, it may refuse to issuethe card. Such refusal shall be dulyjustified.

4a. In case the host Member State doesneither receive the necessaryinformation which it may require inaccordance with this Directive fortaking a decision on the issuance of theEuropean Professional Card by thehome Member State nor by theapplicant, it may refuse to issue thecard. Such refusal shall be dulyjustified.

5. Where the host Member State fails totake a decision within the time limits setout in the paragraphs 2 and 3 or to requestadditional information within one monthfrom the date of receipt of the EuropeanProfessional Card by the home MemberState, the European Professional Cardshall be deemed to be validated by thehost Member State and to constituterecognition of the professionalqualification to the regulated professionconcerned in the host Member State.

5. Where the host Member State fails totake a decision within the time limits setout in the paragraphs 2 and 3 or to requestadditional information within one monthfrom the date of receipt of the EuropeanProfessional Card by the home MemberState, the European Professional Cardshall be deemed to be validated by thehost Member State and to constituterecognition of the professionalqualification to the regulated professionconcerned in the host Member State. Suchtacit recognition of qualifications shallnot constitute automatic recognition of

5. Where the host Member State fails totake a decision within the time limits setout in the paragraphs 2 and 3 or fails toorganise an aptitude test in accordancewith Article 7(4) or to request additionalinformation within one month from thedate of receipt of the EuropeanProfessional Card by the home MemberState, the European Professional Cardshall be deemed to be issued and shall besent automatically, through the IMIsystem, to the holder of a professionalqualification validated by the hostMember State. and to constitute

5. Where the host Member State fails totake a decision within the time limits setout in the paragraphs 2 and 3 or fails toorganise an aptitude test in accordancewith Article 7(4) or to request additionalinformation within one month from thedate of receipt of the EuropeanProfessional Card by the home MemberState, the European Professional Cardshall be deemed to be issued and shall besent automatically, through the IMIsystem, to the holder of a professionalqualification validated by the hostMember State. and to constitute



55

the right to practise the profession inquestion.

(AM 58)

recognition of the professionalqualification to the regulated professionconcerned in the host Member State.

The host Member State shall have thepossibility to extend the deadline forthe automatic issuance of the EuropeanProfessional Card by two weeks. Itshall explain the reason for theextension and inform the applicantaccordingly. This extension of twoweeks can be repeated only once.

recognition of the professionalqualification to the regulated professionconcerned in the host Member State.

The host Member State shall have thepossibility to extend the deadlines setout in paragraph 2 and 3 for theautomatic issuance of the EuropeanProfessional Card by two weeks. Itshall explain the reason for theextension and inform the applicantaccordingly. This extension of twoweeks can be repeated once and onlywhere strictly necessary, in particularfor reasons related to public health orthe safety of the service recipients.

6. The actions taken by the home MemberState in accordance with paragraph 1 shallreplace any application for recognition ofprofessional qualifications under thenational law of the host Member State.



7. The decisions of the home and of thehost Member State under paragraphs 1 to5 or the absence of decision by the homeMember State shall be subject to appealunder the national law of the MemberState concerned.



Article 4e Processing and access to data regarding the European Professional Card

Article 4e

Processing and access to data regardingthe European Professional Card

Article 4e


Article 4e


Article 4e




56

1. The competent authorities of the homeand the host Member States shall updatein a timely manner the corresponding IMIfile with information regardingdisciplinary action or criminal sanctionstaken or any other serious specificcircumstances which are likely to haveconsequences for the pursuit of activitiesof the holder of the EuropeanProfessional Card under this Directive.Such updates include the deletion ofinformation which is no longer required.The holder of the European ProfessionalCard and the competent authoritiesinvolved in the corresponding IMI fileshall be informed of any updates by thecompetent authorities concerned.

1. Without prejudice to the presumptionof innocence, the competent authorities ofthe home and the host Member Statesshall update in a timely manner thecorresponding IMI file with informationregarding disciplinary action or criminalsanctions taken or any other seriousspecific circumstances, includingdecisions taken in accordance withArticle 56a, which are likely to haveconsequences for the pursuit of activitiesof the holder of the European ProfessionalCard under this Directive. Such updatesinclude the deletion of information whichis no longer required. The holder of theEuropean Professional Card and thecompetent authorities involved in thecorresponding IMI file shall be informedimmediately of any updates by thecompetent authorities concerned.

(AM 59)

1. Without prejudice to thepresumption of innocence, thecompetent authorities of the home and thehost Member States shall update in atimely manner the corresponding IMI filewith information regarding disciplinaryactions or criminal sanctions takenagainst a or any other serious specificcircumstances which are likely to haveconsequences for the pursuit of activitiesof the holder of the a EuropeanProfessional Card under this Directive.Such updates shall include the deletion ofinformation which is no longer required.The holder of the European ProfessionalCard and the competent authorities whichhave access to involved in thecorresponding IMI file shall be informedimmediately of any updates by thecompetent authorities concerned. Thisobligation shall be without prejudice tothe alert obligations for Member Statesunder Article 56a.

1. Without prejudice to thepresumption of innocence, thecompetent authorities of the home and thehost Member States shall update in atimely manner the corresponding IMI filewith information regarding disciplinaryactions or criminal sanctions which relateto a prohibition or restriction andwhich have consequences for thepursuit of activities by taken the or anyother serious specific circumstanceswhich are likely to have consequences forthe pursuit of activities of the holder ofthe a European Professional Card underthis Directive, respecting personal dataprotection legislation provided for inDirective 96/45/EC and Directive2002/58/EC of the EuropeanParliament and of the Council. Suchupdates shall include the deletion ofinformation which is no longer required.The holder of the European ProfessionalCard and the competent authorities whichhave access to involved in thecorresponding IMI file shall be informedimmediately of any updates by thecompetent authorities concerned. Thisobligation shall be without prejudice tothe alert obligations for Member Statesunder Article 56a

1a. The content of the informationupdates referred to in paragraph 1 shallbe limited to the following:

1a. The content of the informationupdates referred to in paragraph 1shall be limited to the identity of the



57

(a) whether the professional has beenrestricted or prohibited from pursuingthat professional's activity;

(b) whether the restriction or prohibitionis provisional or definitive;

(c) for what period the restriction orprohibition applies; and

(d) the identity of the competentauthority adopting the decision onrestriction or prohibition.

(AM 60)

professional, the profession concerned,information about the nationalauthority or court adopting the decisionon restriction or prohibition, the scopeof restriction and the period duringwhich the restriction or the prohibitiondecided by such authority or courtapplies.

2. Access to the information in the IMIfile shall be limited to the competentauthorities of the home and the hostMember State and the holder of theEuropean Professional Card inaccordance with Directive 95/46/EC ofthe European Parliament and of theCouncil(**)

-------------

(**) OJ L 281, 23.11.1995, p. 31

2. Access to the information in the IMIfile shall be limited to the competentauthorities of the home and the hostMember State in accordance withDirective 95/46/EC of the EuropeanParliament and of the Council of 24October 1995 on the protection ofindividuals with regard to the processingof personal data and on the freemovement of such data1.

(AM 61)________________1 OJ L 281, 23.11.1995, p. 31.

2. Access to the information in the IMIfile shall be limited to the competentauthorities of the home and the hostMember State, and the holder of theEuropean Professional Card in accordancewith Directive 95/46/EC of the EuropeanParliament and of the Council. Thecompetent authorities shall inform theholder of the European ProfessionalCard of the content of the IMI file uponthe holder's request.

2. Access to the information in the IMIfile shall be limited to the competentauthorities of the home and the hostMember State, and the holder of theEuropean Professional Card in accordancewith Directive 95/46/EC of the EuropeanParliament and of the Council. Thecompetent authorities shall inform theholder of the European ProfessionalCard of the content of the IMI file uponthe holder's request

3. Information on individual applicantsshall only be processed by the relevantcompetent authorities of the home and thehost Member State for the purposes of theEuropean Professional Card inaccordance with the provisions for theprotection of public safety and health andDirective 95/46/EC.

3. Information on individual applicantsshall only be processed by the relevantcompetent authorities of the home and thehost Member State for the purposes of theEuropean Professional Card in accordancewith the provisions for the protection ofpublic safety and health and Directive95/46/EC.

3. Information on individual applicantsshall only be processed by the relevantcompetent authorities of the home and thehost Member State for the purposes of theEuropean Professional Card in accordancewith the provisions for the protection ofpublic safety and health and Directive95/46/EC.



58

4. The information included in theEuropean Professional Card shall belimited to the information that isnecessary to ascertain its holder's right toexercise the profession for which it hasbeen issued, in particular name, surname,date and place of birth, profession,applicable regime, competent authoritiesinvolved, card number, security featuresand reference to a valid proof of identity.

4. The information included in theEuropean Professional Card shall belimited to the information that isnecessary to ascertain its holder's right toexercise the profession for which it hasbeen issued, in particular name, surname,date and place of birth, profession,evidence of formal qualifications inaccordance with Article 49a, evidence ofprofessional experience, applicableregime, competent authorities involved,card number, security features andreference to a valid proof of identity.

(AM 62)

4. The information included in theEuropean Professional Card shall belimited to the information that isnecessary to ascertain its holder's right toexercise the profession for which it hasbeen issued, in particular name, surname,date and place of birth, profession, formalqualifications, applicable regime,competent authorities involved, cardnumber, security features and reference toa valid proof of identity. Informationrelating to professional experienceacquired, or compensation measurespassed, by the holder of the EuropeanProfessional Card shall be included intothe IMI file.

4. The information included in theEuropean Professional Card shall belimited to the information that isnecessary to ascertain its holder's right toexercise the profession for which it hasbeen issued, in particular name, surname,date and place of birth, profession, formalqualifications, applicable regime,competent authorities involved, cardnumber, security features and reference toa valid proof of identity. Informationrelating to professional experienceacquired, or compensation measurespassed, by the holder of the EuropeanProfessional Card shall be included intothe IMI file.

5. Member States shall ensure that theholder of a European Professional Cardhas the right at any time to request therectification, deletion and blocking of hisfile within the IMI system upon requestand that he is informed of this right at thetime of issuing the European ProfessionalCard, and reminded of it every two yearsafter the issuance of his EuropeanProfessional Card.

5. Member States shall ensure that theholder of a European Professional Cardhas the right at any time and at no cost torequest the rectification, deletion andblocking of his file within the IMI systemupon request and that he is informed ofthis right at the time of issuing theEuropean Professional Card, andreminded of it every two years after theissuance of his European ProfessionalCard.

(AM 63)

5. The personal data included in theIMI file may be processed for as long asit is needed for the purpose of therecognition procedure as such and asan evidence of the recognition or of thetransmission of the declarationrequired under Article 7. Member Statesshall ensure that the holder of a EuropeanProfessional Card has the right at anytime, and at no cost to the holderconcerned, to request the rectificationof inaccurate or incomplete data,deletion and blocking of his file within theIMI file concernedsystem upon requestand that he is informed of this right at thetime of issuing the European ProfessionalCard, and reminded of it every two yearsafter the issuance of his EuropeanProfessional Card. The holder shall beinformed of this right at the time of

5. The personal data included in theIMI file may be processed for as long asit is needed for the purpose of therecognition procedure as such and asan evidence of the recognition or of thetransmission of the declarationrequired under Article 7. Member Statesshall ensure that the holder of a EuropeanProfessional Card has the right at anytime, and at no cost to the holderconcerned, to request the rectificationof inaccurate or incomplete data,deletion and blocking of his file within theIMI file concernedsystem upon requestand that he is informed of this right at thetime of issuing the European ProfessionalCard, and reminded of it every two yearsafter the issuance of his EuropeanProfessional Card. The holder shall beinformed of this right at the time of



59

issuing of the European ProfessionalCard, and reminded of it every twoyears thereafter. The reminder shall besent automatically via IMI where theinitial application for the EuropeanProfessional Card was submittedonline.

In case of a request for deletion of anIMI file linked to a EuropeanProfessional Card issued for thepurpose of establishment or temporaryprovision of services under Article 7(4),the competent authorities of theMember State concerned shall issue tothe holder of professional qualificationsan evidence attesting the recognition ofhis qualifications.

issuing of the European ProfessionalCard, and reminded of it every twoyears thereafter. The reminder shall besent automatically via IMI where theinitial application for the EuropeanProfessional Card was submittedonline.

In case of a request for deletion of anIMI file linked to a EuropeanProfessional Card issued for thepurpose of establishment or temporaryprovision of services under Article 7(4),the competent authorities of theMember State concerned shall issue tothe holder of professional qualificationsan evidence attesting the recognition ofhis qualifications.

6. In relation to the processing ofpersonal data in the EuropeanProfessional Card and all files in the IMI,the relevant competent authorities of theMember States shall be regarded ascontrollers within the meaning ofDirective 95/46/EC. In relation to itsresponsibilities under paragraphs 1 to 4and the processing of personal datainvolved therein, the Commission shallbe regarded as a controller within themeaning of Regulation (EC) No 45/2001of the European Parliament and of theCouncil(***).

6. In relation to the processing of personaldata in the European Professional Cardand all files in the IMI, the relevantcompetent authorities of the MemberStates shall be regarded as controllerswithin the meaning of Directive95/46/EC. In relation to its responsibilitiesunder paragraphs 1 to 4 and theprocessing of personal data involvedtherein, the Commission shall be regardedas a controller within the meaning ofRegulation (EC) No 45/2001 of theEuropean Parliament and of the Council16

6. In relation to the processing of personaldata in the European Professional Cardand all files in the IMI, the relevantcompetent authorities of the MemberStates shall be regarded as controllerswithin the meaning of Directive95/46/EC. In relation to its responsibilitiesunder paragraphs 1 to 4 and theprocessing of personal data involvedtherein, the Commission shall be regardedas a controller within the meaning ofRegulation (EC) No 45/2001 of theEuropean Parliament and of the Council17

16 OJ L 8, 12.1.2001, p. 117 OJ L 8, 12.1.2001, p. 1



60

-------------

(***) OJ L 8, 12.1.2001, p. 1".

7.Member States shall provide thatemployers, customers, patients and otherinterested parties may verify theauthenticity and validity of a EuropeanProfessional Card presented to them bythe card holder without prejudice toparagraphs 2 and 3.

The Commission shall adoptimplementing acts specifying theconditions of access to the IMI file, thetechnical means and the procedures forthe verification referred to in the firstsubparagraph. Those implementing actsshall be adopted in accordance with theadvisory procedure referred to in Article58.

7. Host Member States shall provide thatemployers, customers, patients and otherinterested parties may verify theauthenticity and validity of a EuropeanProfessional Card presented to them bythe card holder without prejudice toparagraphs 2 and 3.

The Commission shall adoptimplementing acts specifying theconditions of access to the IMI file, thetechnical means and the procedures forthe verification referred to in the firstsubparagraph. Those implementing actsshall be adopted in accordance with theexamination procedure referred to inArticle 58.

(AM 64)

7.Host Member States shall provide thatemployers, customers, patients, publicauthorities and other interested partiesmay verify the authenticity and validity ofa European Professional Card presented tothem by the card holder without prejudiceto paragraphs 2 and 3.

The Commission shall adopt, by way ofimplementing acts, specifying theconditions of lay down rules concerningaccess to the IMI file, the technical meansand the procedures for the verificationreferred to in the first subparagraph.Those implementing acts shall be adoptedin accordance with theexaminationadvisory procedure referredto in Article 58(2).

7. Host Member States shall provide thatemployers, customers, patients, publicauthorities and other interested partiesmay verify the authenticity and validity ofa European Professional Card presented tothem by the card holder without prejudiceto paragraphs 2 and 3.

The Commission shall adopt, by way ofimplementing acts, specifying theconditions of lay down rules concerningaccess to the IMI file, the technical meansand the procedures for the verificationreferred to in the first subparagraph.Those implementing acts shall be adoptedin accordance with theexaminationadvisory procedure referredto in Article 58(2).

Article 4f Partial access

Article 4f

Partial access

Article 4f

Partial access

Article 4f

Partial access

1.The competent authority of the hostMember State shall grant partial access toa professional activity in its territoryprovided that the following conditions arefulfilled:

(a) differences between the professionalactivity legally exercised in the homeMember State and the regulatedprofession in the host Member State assuch are so large that in reality theapplication of compensatory measures

1. The competent authority of the hostMember State shall grant partial access ona case-by-case basis to a professionalactivity in its territory provided that thefollowing cumulative conditions arefulfilled:

(AM 65)

1. The competent authority of the hostMember State shall grant partial access ona case by case basis to a professionalactivity in its territory only when thefollowing conditions are cumulativelyfulfilled:

(a) the professional is fullyqualified to exercise in the homeMember State the professional activityfor which partial access may be grantedin the host Member State;

1. The competent authority of the hostMember State shall grant partial access ona case by case basis to a professionalactivity in its territory only when thefollowing conditions are cumulativelyfulfilled:

(a) the professional is fullyqualified to exercise in the homeMember State the professional activityfor which partial access may be grantedin the host Member State;



61

would amount to requiring the applicantto complete the full programme ofeducation and training required in thehost Member State to have access to thefull regulated profession in the hostMember State;

(b) the professional activity canobjectively be separated from otheractivities falling under the regulatedprofession in the host Member State.

For the purposes of point (b), an activityshall be deemed to be separable if it isexercised as an autonomous activity inthe home Member State.

(aa) differences between theprofessional activity legally exercised inthe home Member State and the regulatedprofession in the host Member State assuch are so large that in reality theapplication of compensatory measureswould amount to requiring the applicantto complete the full programme ofeducation and training required in the hostMember State to have access to the fullregulated profession in the host MemberState; and


For the purposes of point (b), an activityshall be deemed to be separable if it isexercised as an autonomous activity in thehome Member State.

For the purpose of point (b), thecompetent authority of the hostMember State shall also take intoaccount whether the professionalactivity can be pursued independentlyor autonomously in the home MemberState

(aa) differences between theprofessional activity legally exercised inthe home Member State and the regulatedprofession in the host Member State assuch are so large that in reality theapplication of compensatory measureswould amount to requiring the applicantto complete the full programme ofeducation and training required in the hostMember State to have access to the fullregulated profession in the host MemberState; and


For the purposes of point (b), an activityshall be deemed to be separable if it isexercised as an autonomous activity in thehome Member State.

The competent authority of the hostMember State shall take into accountwhether the professional activity can bepursued autonomously in the homeMember State

(aa) the professional is fully qualified toexercise in the home Member State theprofessional activity for which partialaccess is requested;

(AM 66)

2. Partial access may be rejected if such 2. Partial access may be rejected if such 2. Partial access may be rejected if such 2. Partial access may be rejected if such



62

rejection is justified by an overridingreason of general interest, such as publichealth, it would secure the attainment ofthe objective pursued and it would not gobeyond what is strictly necessary.

rejection is justified by overriding reasonsof general interest, it would secure theattainment of the objective pursued and itwould not go beyond what is strictlynecessary. However, partial access shallnot be granted to professions whichbenefit from automatic recognitionunder Chapters III and IIIa of Title III.(AM 67)

rejection is justified by an overridingreason of general interest, if such aspublic health, it would be suitable forsecuring the attainment of the objectivepursued and not going beyond what isstrictly necessary to attain thatobjective.

rejection is justified by an overridingreason of general interest, if such aspublic health, it would be suitable forsecuring the attainment of the objectivepursued and not going beyond what isstrictly necessary to attain thatobjective.

3. Applications for establishment in thehost Member State shall be examined inaccordance with Chapters I and IV ofTitle III in case of establishment in thehost Member State.

3. Applications referred to in paragraph1 for the purpose of for establishment inthea host Member State shall be examinedin accordance with Chapters I and IV ofTitle III in case of establishment in thehost Member State.

3. Applications referred to in paragraph1 for the purpose of for establishment inthea host Member State shall be examinedin accordance with Chapters I and IV ofTitle III in case of establishment in thehost Member State.

4. Applications for provision oftemporary services in the host MemberState concerning professional activitieshaving public health and safetyimplications shall be examined inaccordance with Title II.

4. Applications referred to in paragraph1 for the purpose of providing forprovision of temporary and occasionalservices in the host Member Stateconcerning professional activities havingpublic health and safety implications shallbe examined in accordance with Title II.

4. Applications referred to in paragraph1 for the purpose of providing forprovision of temporary and occasionalservices in the host Member Stateconcerning professional activities havingpublic health and safety implications shallbe examined in accordance with Title II.

5. By derogation from the sixthsubparagraph of Article 7(4) and Article52(1), the professional activity shall beexercised under the professional title ofthe home Member State once partialaccess has been granted.

5. By derogation from the sixthsubparagraph of Article 7(4) and Article52(1), the professional activity shall beexercised under the professional title ofthe home Member State once partialaccess has been granted. The hostMember State may require use of thisprofessional title in the languages of thehost Member State. Professionalsbenefiting from partial access shallclearly indicate to the service recipientsthe scope of their professional activities.

5. By derogation from the sixthsubparagraph of Article 7(4) and Article52(1), the professional activity shall beexercised under the professional title ofthe home Member State once partialaccess has been granted. The hostMember State may require use of thisprofessional title in the languages of thehost Member State. Professionalsbenefiting from partial access shallclearly indicate to the service recipientsthe scope of their professional activities.



63

6. This Article shall not apply toprofessionals benefiting from automaticrecognition of their professionalqualification under Chapters 2 and 3 ofTitle III.

6. This Article shall not apply toprofessionals benefiting from automaticrecognition of their professionalqualification under Chapters 2, 3 and3a of Title III.

Article 5 Principle of the free provision of services

(6) Article 5 is amended as follows: (6) Article 5 is amended as follows: (6) Article 5 is amended as follows:

(a) In paragraph 1, point (b) is replaced bythe following:

"(b) where the service provider moves, ifhe has pursued that profession in one orseveral Member States for at least twoyears during the last 10 years precedingthe provision of services when theprofession is not regulated in the MemberState of establishment.

For the purposes of point (b) of the firstsubparagraph, the condition requiring twoyears' pursuit shall not apply in any of thefollowing cases:

(a) the profession or the educationand training leading to the profession isregulated;

(a) In paragraph 1, point (b) isreplaced by the following:

"(b) where the service providermoves, if he has pursued that professionin one or several Member States for atleast two one years during the last 10years preceding the provision of serviceswhen the profession is not regulated in theMember State of establishment.

For the purposes of point (b) of the firstsubparagraph, The condition requiringone two year’s pursuit shall not applywhen in any of the following cases:wherethe profession or the education andtraining leading to the profession isregulated.

(a) In paragraph 1, point (b) isreplaced by the following:

"(b) where the service providermoves, if he has pursued that professionin one or several Member States for atleast two one years during the last 10years preceding the provision of serviceswhen the profession is not regulated in theMember State of establishment.

For the purposes of point (b) of the firstsubparagraph, The condition requiringone two year’s pursuit shall not applywhen in any of the following cases:wherethe profession or the education andtraining leading to the profession isregulated.

(b) the service provider is accompanyingthe service recipient, provided that theservice recipient's habitual residence isin the service provider's Member State of

(b) the service provider is accompanyingthe service recipient, on the conditionthat that service provider provides hisservice in the host Member State solely

(b) the service provider isaccompanying the service recipientprovided that the service recipient'shabitual residence is in the service

(b) the service provider isaccompanying the service recipientprovided that the service recipient'shabitual residence is in the service



64

establishment and the profession does notappear on the list referred to in Article7(4).

for that recipient and the profession doesnot appear on the list referred to in Article7(4).

(AM 68)

provider's Member State of establishmentand the profession does not appear on thelist referred to in Article 7(4).

provider's Member State of establishmentand the profession does not appear on thelist referred to in Article 7(4).

(b) The following paragraph 4 is added:

"4. In the case of notaries, the authenticinstruments and other activities ofauthentication which require the seal ofthe host Member State shall be excludedfrom the provision of services.".

deleted

(AM 69)


"4. In the case of notaries, theauthentic instruments and other activitiesof authentication which require the seal ofthe host Member State shall be excludedfrom the provision of services."


"4. In the case of notaries, theauthentic instruments and other activitiesof authentication which require the seal ofthe host Member State shall be excludedfrom the provision of services."

Article 7 Declaration to be made in advance, if the service provider moves


Paragraph 2 is amended as follows:

(i) Point (e) is replaced by thefollowing:


(ii) Point (e) is replaced by thefollowing:


(iii) Point (e) is replaced by thefollowing:

"(e) for professions in the security sectorand in the health sector, where theMember State so requires for its ownnationals, evidence of neither temporaryand final suspensions from exercising theprofession nor criminal convictions".

(e) for professions in the security sector,health sector or for professions involvingdaily work with children and youth,where the Member State so requires for itsown nationals, evidence of neithertemporary and final suspensions fromexercising the profession nor criminalconvictions.(AM 70)

"(e) for professions in the securitysector, and in the health sector andprofessions related to the education ofminors, including in childcare, wherethe Member State so requires for its ownnationals, evidence attestation of neithertemporary or final suspensions fromexercising the profession nor criminalconvictions".

(e) for professions in the securitysector, and in the health sector andprofessions related to the education ofminors, including in childcare, wherethe Member State so requires for its ownnationals, evidence attestation of neithertemporary or final suspensions fromexercising the profession nor criminalconvictions".

(iv) The following point (f) is added: (v) The following points (f) and (g)areis added:

(vi) The following points (f) and (g)areis added:



65

"(f) in the case of evidence of formalqualifications referred to in Article 21 (1)and in the case of certificates of acquiredrights referred to in Articles 23, 26, 27,30, 33, 33a, 37, 39, and 43, evidenceattesting knowledge of the language of thehost Member State".

(f) in the case of evidence of formalqualifications referred to in Article 21 (1)and in the case of certificates of acquiredrights referred to in Articles 23, 26, 27,30, 33, 33a, 37, 39, and 43, evidenceattesting knowledge of the language inwhich the professional will exercise hisprofession, which shall be one of theofficial languages of the host MemberState.

(AM 71)

"(f) for professions with patientsafety implications, in the case ofevidence of formal qualifications referredto in Article 21 (1) and in the case ofcertificates of acquired rights referred toin Articles 23, 26, 27, 30, 33, 33a, 37, 39,and 43, a declaration about theapplicant's evidence attesting knowledgeof the language necessary for practisingthe profession in language of the hostMember State."

(g) for professions carrying outthe activities referred to in Article 16and which were notified by a MemberState in accordance with Article 59(1a),a certificate concerning the nature andduration of the activity issued by thecompetent authority or body of theMember State where the serviceprovider is established.

"(f) for professions with patientsafety implications, in the case ofevidence of formal qualifications referredto in Article 21 (1) and in the case ofcertificates of acquired rights referred toin Articles 23, 26, 27, 30, 33, 33a, 37, 39,and 43, a declaration about theapplicant's evidence attesting knowledgeof the language necessary for practisingthe profession in language of the hostMember State."

(g) for professions carrying outthe activities referred to in Article 16and which were notified by a MemberState in accordance with Article 59(1a),a certificate concerning the nature andduration of the activity issued by thecompetent authority or body of theMember State where the serviceprovider is established.

The following paragraph 2a is inserted:

"2a. A declaration supplied by a serviceprovider shall be valid throughout theentire territory of the Member Stateconcerned.".

(b) The following paragraph 2a isinserted:

"2a. Any required declarationsupplied by a service provider shallenable the service provider to haveaccess to the service activity or toexercise that activity in the entireterritory of the Member Stateconcerned. A declaration supplied by aservice provider shall be valid throughoutthe entire territory of the Member Stateconcerned. A Member State may, withinthe boundaries of Article 7(2), requireadditional information concerningprofessional qualifications of the


"2a. Any required declarationsupplied by a service provider shallenable the service provider to haveaccess to the service activity or toexercise that activity in the entireterritory of the Member Stateconcerned. A declaration supplied by aservice provider shall be valid throughoutthe entire territory of the Member Stateconcerned. A Member State may, withinthe boundaries of Article 7(2), requireadditional information concerningprofessional qualifications of the



66

service provider if the profession isregulated in parts of its territory in adifferent manner, such regulation isapplicable also to all nationals of thatMember State, the differences in suchregulation are justified only byoverriding reasons related to publichealth or safety of service recipientsand the Member State has no othermeans for obtaining such information.

service provider if the profession isregulated in parts of its territory in adifferent manner, such regulation isapplicable also to all nationals of thatMember State, the differences in suchregulation are justified only byoverriding reasons related to publichealth or safety of service recipientsand the Member State has no othermeans for obtaining such information.

Paragraph 4 is replaced by the following:

"4. For the first provision of services, inthe case of regulated professions havingpublic health or safety implications,which do not benefit from automaticrecognition under Chapter II or III of TitleIII , the competent authority of the hostMember State may check the professionalqualifications of the service provider priorto the first provision of services. Such aprior check shall be possible only wherethe purpose of the check is to avoidserious damage to the health or safety ofthe service recipient due to a lack ofprofessional qualification of the serviceprovider and where this does not gobeyond what is necessary for that purpose.

Member States shall notify to theCommission the list of professions forwhich a prior check of qualifications isnecessary in order to avoid seriousdamage to the health or safety of theservice recipient under its national lawsand regulations. Member States shallprovide the Commission with a specific

(c) Paragraph 4 is replaced by thefollowing:

"4. For the first provision of services, inthe case of regulated professions havingpublic health or safety implications,which do not benefit from automaticrecognition under Chapter II, or III orIIIa of Title III, the competent authorityof the host Member State may check theprofessional qualifications of the serviceprovider prior to the first provision ofservices. Such a prior check shall bepossible only where the purpose of thecheck is to avoid serious damage to thehealth or safety of the service recipientdue to a lack of professional qualificationof the service provider and where thisdoes not go beyond what is necessary forthat purpose.


"4. For the first provision of services, inthe case of regulated professions havingpublic health or safety implications,which do not benefit from automaticrecognition under Chapter II, or III orIIIa of Title III, the competent authorityof the host Member State may check theprofessional qualifications of the serviceprovider prior to the first provision ofservices. Such a prior check shall bepossible only where the purpose of thecheck is to avoid serious damage to thehealth or safety of the service recipientdue to a lack of professional qualificationof the service provider and where thisdoes not go beyond what is necessary forthat purpose.

Member States shall notify to theCommission the list of professions forwhich a prior check of qualifications isnecessary in order to avoid seriousdamage to the health or safety of theservice recipient under its national laws



67

justification for the inclusion of each ofthose professions in the list.

Within a maximum of one month ofreceipt of the declaration andaccompanying documents, the competentauthority shall inform the service providereither of its decision not to check hisqualifications or of the outcome of suchcheck. Where there is a difficulty whichwould result in delay, the competentauthority shall notify the service providerwithin the first month of the reason for thedelay. The difficulty shall be solvedwithin one month following thatnotification and the decision finalisedwithin the second month followingresolution of the difficulty.

Where there is a substantial differencebetween the professional qualifications ofthe service provider and the trainingrequired in the host Member State, to theextent that that difference is such as to beharmful to public health or safety, andthat it cannot be compensated byprofessional experience or lifelonglearning of the service provider, the hostMember State shall give the serviceprovider the opportunity to show, inparticular by means of an aptitude test,that he has acquired the lackingknowledge or competence.

Where there is a substantial differencebetween the professional qualifications ofthe service provider and the trainingrequired in the host Member State, to theextent that that difference is such as to beharmful to the public interest, and that itcannot be compensated by professionalexperience or lifelong learning of theservice provider certified by competentauthorities, the host Member State shallgive the service provider the opportunityto show, in particular by means of anaptitude test, adaptation period or bytaking into account certificates orqualifications issued on the basis of theprocedures set out in points (a) and (b)of Article 49(2), that he has acquired thelacking knowledge or competence. In any

Member States shall notify to theCommission the list of professions forwhich a prior check of qualifications isnecessary in order to avoid seriousdamage to the health or safety of theservice recipient under its national lawsand regulations. Member States shallprovide the Commission with a specificjustification for the inclusion of each ofthose professions in the list.

Within a maximum of one month ofreceipt of the declaration andaccompanying documents, the competentauthority shall inform the service providerof its decision either of its decision not tocheck his qualifications, or to require theapplicant to take an aptitude test or toallow the provision of services of theoutcome of such check. Where there is adifficulty which would result in delay, thecompetent authority shall notify theservice provider within the first month ofthe reason for the delay. The difficultyshall be solved within one monthfollowing that notification and thedecision finalised within the secondmonth following resolution of thedifficulty.

Where there is a substantial differencebetween the professional qualifications ofthe service provider and the trainingrequired in the host Member State, to theextent that that difference is such as to beharmful to public health or safety, andthat it cannot be compensated byprofessional experience or by skills and

and regulations. Member States shallprovide the Commission with a specificjustification for the inclusion of each ofthose professions in the list.

Within a maximum of one month ofreceipt of the declaration andaccompanying documents, the competentauthority shall inform the service providerof its decision either of its decision not tocheck his qualifications, or to require theapplicant to take an aptitude test or toallow the provision of services of theoutcome of such check. Where there is adifficulty which would result in delay, thecompetent authority shall notify theservice provider within the first month ofthe reason for the delay. The difficultyshall be solved within one monthfollowing that notification and thedecision finalised within the secondmonth following resolution of thedifficulty.

Where there is a substantial differencebetween the professional qualifications ofthe service provider and the trainingrequired in the host Member State, to theextent that that difference is such as to beharmful to public health or safety, andthat it cannot be compensated byprofessional experience or by skills andcompetences acquired through lifelonglearning, formally validated to this endby the relevant bodies, of the serviceprovider, the host Member State shall givethe service provider the opportunity toshow, in particular by means of anaptitude test, that he has they haveacquired the lacking knowledge or



68

In any case, it must be possible to providethe service within one month of a decisionbeing taken in accordance with the thirdsubparagraph.

In the absence of a reaction of thecompetent authority within the deadlinesset in the third and fourth subparagraphs,the service may be provided.

In cases where qualifications have beenverified under the first to fifthsubparagraphs, the service shall beprovided under the professional title ofthe host Member State.".

case, it must be possible to provide theservice within one month of a decisionbeing taken in accordance with the thirdsubparagraph.

(AM 72)

competences acquired through lifelonglearning, formally validated to this end,of the service provider, the host MemberState shall give the service provider theopportunity to show, in particular bymeans of an aptitude test, that he has theyhave acquired the lacking knowledge orcompetence and take a decision on thisbasis in accordance with the secondsub-paragraph.

In any case, it must be possible to providethe service within one month of theadecision being taken in accordance withthe third subparagraph taken inaccordance with the second sub-paragraph.

In the absence of a reaction of thecompetent authority within the deadlinesset in the second and third and fourthsub-paragraphs, the service may beprovided.

In cases where qualifications have beenverified under the first to fourth fifth sub-paragraphs, the service shall be providedunder the professional title of the hostMember State.".

competence and take a decision on thisbasis in accordance with the secondsub-paragraph.

In any case, it must be possible to providethe service within one month of theadecision being taken in accordance withthe third subparagraph taken inaccordance with the second sub-paragraph.

In the absence of a reaction of thecompetent authority within the deadlinesset in the second and third and fourthsub-paragraphs, the service may beprovided.

In cases where qualifications have beenverified under the first to fourth fifth sub-paragraphs, the service shall be providedunder the professional title of the hostMember State.".

Article 8 Administrative cooperation




"1. The competent authorities of the hostMember State may ask the competentauthorities of the Member State ofestablishment, in case of doubts, to

1. The competent authorities of the hostMember State may ask the competentauthorities of the Member State ofestablishment, in case of doubts, to





69

provide any information relevant to thelegality of the service provider'sestablishment and his good conduct, aswell as the absence of any disciplinary orcriminal sanctions of a professionalnature. In case of control of qualifications,the competent authorities of the hostMember State may ask the competentauthorities of the Member State ofestablishment information about theservice provider training courses to theextent necessary to assess substantialdifferences likely to be harmful to publichealth or safety. The competentauthorities of the Member State ofestablishment shall provide thatinformation in accordance with Article56.".

provide any information relevant to thelegality of the service provider'sestablishment and his good conduct, aswell as the absence of any disciplinary orcriminal sanctions of a professionalnature. In case of control of qualifications,the competent authorities of the hostMember State may ask the competentauthorities of the Member State ofestablishment information about theservice provider training courses to theextent necessary to assess substantialdifferences likely to be harmful to publichealth or safety. The host Member Statemay take account in particular ofqualifications or certificates obtainedunder the procedures set out in points (a)and (b) of Article 49(2). The competentauthorities of the Member State ofestablishment shall provide thisinformation in accordance with Article56.

(AM 73)

provide any information relevant to thelegality of the service provider'sestablishment and his good conduct, aswell as the absence of any disciplinary orcriminal sanctions of a professionalnature. In case of control of qualifications,the competent authorities of the hostMember State may ask the competentauthorities of the Member State ofestablishment information about theservice provider training courses to theextent necessary to assess substantialdifferences likely to be harmful to publichealth or safety. The competentauthorities of the Member State ofestablishment shall provide thatinformation in accordance with Article56. In case of non-regulated professionsin the home Member State, theassistance centre may also provide suchinformation.".

provide any information relevant to thelegality of the service provider'sestablishment and his good conduct, aswell as the absence of any disciplinary orcriminal sanctions of a professionalnature. In case of control of qualifications,the competent authorities of the hostMember State may ask the competentauthorities of the Member State ofestablishment information about theservice provider training courses to theextent necessary to assess substantialdifferences likely to be harmful to publichealth or safety. The competentauthorities of the Member State ofestablishment shall provide thatinformation in accordance with Article56. In case of non-regulated professionsin the home Member State, theassistance centre may also provide suchinformation.".

Article 11 Levels of qualification


(a) The introductory sentence of the firstsubparagraph is replaced by thefollowing:

"For the purposes of Article 13 andArticle 14(6), the professionalqualifications shall be grouped under thefollowing levels:".







70

(b) In point (c), point (ii) is replaced bythe following:

"(ii) regulated education and trainingor, in the case of regulated professions,vocational training with a specialstructure, with competences goingbeyond what is provided for in level b,equivalent to the level of trainingprovided for under point (i), if suchtraining provides a comparableprofessional standard and prepares thetrainee for a comparable level ofresponsibilities and functions providedthe diploma is accompanied by acertificate from the home MemberState;".

Deleted

(AM 74)


"(ii) regulated education and trainingor, in the case of regulated professions,vocational training with a specialstructure, with competences going beyondwhat is provided for in level b, equivalentto the level of training provided for underpoint (i), if such training provides acomparable professional standard andprepares the trainee for a comparablelevel of responsibilities and functionsprovided the diploma is accompanied by acertificate from the home Member State;".


"(ii) regulated education and trainingor, in the case of regulated professions,vocational training with a specialstructure, with competences going beyondwhat is provided for in level b, equivalentto the level of training provided for underpoint (i), if such training provides acomparable professional standard andprepares the trainee for a comparablelevel of responsibilities and functionsprovided the diploma is accompanied by acertificate from the home Member State;".

(c) Points (d) and (e) are replaced by thefollowing:

"(d) a diploma certifying successfulcompletion of training at post-secondarylevel of at least three and not more thanfour years' duration, or of an equivalentduration on a part-time basis, or ifapplicable in the home Member State, ofan equivalent number of European CreditTransfer and Accumulation System(ECTS) credits, at a university orestablishment of higher education oranother establishment of equivalent leveland, where appropriate, that he hassuccessfully completed the professionaltraining required in addition to the post-secondary course;


"(d) a diploma certifying successfulcompletion of training at post-secondarylevel of at least three and not more thanfour years' duration, or of an equivalentduration on a part-time basis, which mayin addition be expressed with or ifapplicable in the home Member State, ofan equivalent number of European CreditTransfer and Accumulation System(ECTS) credits, at a university orestablishment of higher education oranother establishment of equivalent leveland, where appropriate, that he hassuccessfully completed the professionaltraining required in addition to the post-secondary course;


"(d) a diploma certifying successfulcompletion of training at post-secondarylevel of at least three and not more thanfour years' duration, or of an equivalentduration on a part-time basis, which mayin addition be expressed with or ifapplicable in the home Member State, ofan equivalent number of European CreditTransfer and Accumulation System(ECTS) credits, at a university orestablishment of higher education oranother establishment of equivalent leveland, where appropriate, that he hassuccessfully completed the professionaltraining required in addition to the post-secondary course;



71

(e) a diploma certifying that the holderhas successfully completed a post-secondary course of more than fouryears' duration, or of an equivalentduration on a part-time basis, or ifapplicable in the home Member State, ofan equivalent number of ECTS credits, ata university or establishment of highereducation or another establishment ofequivalent level and, where appropriate,that he has successfully completed theprofessional training required in additionto the post-secondary course.".

(e) diploma certifying that the holder hassuccessfully completed a post-secondarycourse of at least four years' duration, orof an equivalent duration on a part-timebasis, which, if applicable in the homeMember State, corresponds to anequivalent number of ECTS credits, at auniversity or establishment of highereducation or another establishment ofequivalent level and, where appropriate,that he has successfully completed theprofessional training required in additionto the post-secondary course.

(AM 75)

(e) a diploma certifying that theholder has successfully completed a post-secondary course of more than at leastfour years' duration, or of an equivalentduration on a part-time basis, which mayin addition be expressed with or ifapplicable in the home Member State, ofan equivalent number of ECTS credits, ata university or establishment of highereducation or another establishment ofequivalent level and, where appropriate,that he has successfully completed theprofessional training required in additionto the post-secondary course.".

(e) a diploma certifying that theholder has successfully completed a post-secondary course of more than at leastfour years' duration, or of an equivalentduration on a part-time basis, which mayin addition be expressed with or ifapplicable in the home Member State, ofan equivalent number of ECTS credits, ata university or establishment of highereducation or another establishment ofequivalent level and, where appropriate,that he has successfully completed theprofessional training required in additionto the post-secondary course.". 26/03

(d) The second paragraph is deleted. (d) The second paragraph is replacedby the following:

"The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a in order to amend the listcontained in Annex II to take account offorms of training which meets therequirements laid down in point (ii) ofpoint (c) of the first paragraph."

(AM 76)

(d) The second paragraph is deleted. (d) The second paragraph is deleted.

Article 12 Equal treatment of qualifications

(10) In Article 12, the first paragraph isreplaced by the following:

(10) In Article 12, the firstparagraph is replaced by the following:

(10) In Article 12, the firstparagraph is replaced by the following:

"Any evidence of formal qualifications orset of evidence of formal qualificationsissued by a competent authority in aMember State, certifying successful

Any evidence of formal qualifications orset of evidence of formal qualificationsissued by a competent authority in aMember State, certifying successful





72

completion of training in the Union, on afull or part-time basis, within or outsideformal programs, which is recognised bythat Member State as being of anequivalent level and which confers on theholder the same rights of access to orpursuit of a profession or prepares for thepursuit of that profession, shall be treatedas evidence of formal qualifications of thetype covered by Article 11, including thelevel in question."

completion of training in the Union, on afull or part-time basis, within formalprograms, which is recognised by thatMember State as being of an equivalentlevel and which confers on the holder thesame rights of access to or pursuit of aprofession or prepares for the pursuit ofthat profession, shall be treated asevidence of formal qualifications of thetype covered by Article 11, including thelevel in question.

(AM 77)



Article 13 Conditions for recognition

(11) Article 13 is replaced by thefollowing:



"Article 13

Conditions for recognition

"Article 13


"Article 13


1. If access to or pursuit of a regulatedprofession in a host Member State iscontingent upon possession of specificprofessional qualifications, the competentauthority of that Member State shallpermit access to and pursuit of thatprofession, under the same conditions asapply to its nationals, to applicantspossessing an attestation of competenceor evidence of formal qualificationsreferred to in Article 11, required byanother Member State, in order to gainaccess to and pursue that profession on itsterritory.

1. If access to or pursuit of a regulatedprofession in a host Member State iscontingent upon possession of specificprofessional qualifications, the competentauthority of that Member State shallpermit access to and pursuit of thatprofession, under the same conditions asapply to its nationals, to applicantspossessing an attestation of competence orevidence of formal qualifications referredto in Article 11, required by anotherMember State, in order to gain access toand pursue that profession on its territory.

Attestations of competence or evidence of

1. If access to or pursuit of a regulatedprofession in a host Member State iscontingent upon possession of specificprofessional qualifications, the competentauthority of that Member State shallpermit access to and pursuit of thatprofession, under the same conditions asapply to its nationals, to applicantspossessing an attestation of competence orevidence of formal qualifications referredto in Article 11, required by anotherMember State, in order to gain access toand pursue that profession on its territory.

Attestations of competence or evidence of



73

Attestations of competence or evidence offormal qualifications shall be issued by acompetent authority in a Member State,designated in accordance with thelegislative, regulatory or administrativeprovisions of that Member State.

formal qualifications shall be issued by acompetent authority in a Member State,designated in accordance with thelegislative, regulatory or administrativeprovisions of that Member State.

formal qualifications shall be issued by acompetent authority in a Member State,designated in accordance with thelegislative, regulatory or administrativeprovisions of that Member State.

2. Access to and pursuit of the professionreferred to in paragraph 1 shall also begranted to applicants possessing anattestation of competence or evidence offormal qualifications referred to in Article11 issued by another Member State whichdoes not regulate that profession.

Attestations of competence and evidenceof formal qualifications shall satisfy thefollowing conditions:

(a) they are issued by a competentauthority in a Member State, designatedin accordance with the legislative,regulatory or administrative provisions ofthat Member State;

(b) they attest that the holder has beenprepared for the pursuit of the professionin question.

2. Access to and pursuit of the professionreferred to in paragraph 1 shall also begranted to applicants who have pursuedthe profession referred to in thatparagraph on a full time basis for oneyear during the previous 10 years inanother Member State which does notregulate that profession, providing theypossess one or more possessing anattestations of competence or documentsproviding evidence of formalqualifications referred to in Article 11issued by another Member State whichdoes not regulate the profession.


(a) they are issued by a competentauthority in a Member State, designated inaccordance with the legislative, regulatoryor administrative provisions of thatMember State;

(b) they attest that the holder hasbeen prepared for the pursuit of theprofession in question.

The one year professional experiencereferred to in the first sub-paragraphmay not, however, be required if theevidence of formal qualifications whichthe applicant possesses certifies

2. Access to and pursuit of the professionreferred to in paragraph 1 shall also begranted to applicants who have pursuedthe profession referred to in thatparagraph on a full time basis for oneyear or for an equivalent overallduration on a part-time basis duringthe previous 10 years in anotherMember State which does not regulatethat profession, providing they possessone or more possessing an attestations ofcompetence or documents providingevidence of formal qualifications referredto in Article 11 issued by another MemberState which does not regulate theprofession.


(a) they are issued by a competentauthority in a Member State, designated inaccordance with the legislative, regulatoryor administrative provisions of thatMember State;

(b) they attest that the holder hasbeen prepared for the pursuit of theprofession in question.

The one year professional experiencereferred to in the first sub-paragraphmay not, however, be required if the



74

regulated education and training withinthe meaning of Article 3(1)(e).

evidence of formal qualifications whichthe applicant possesses certifiesregulated education and training withinthe meaning of Article 3(1)(e).

3. In case of an attestation of competenceor evidence of formal qualificationsreferred to in paragraphs 1 and 2 or acertificate certifying regulated educationand training or a vocational training withspecial structure equivalent to the levelprovided for in Article 11(c)(i), the hostMember State shall accept the levelattested or certified by the home MemberState.

3. In case of an attestation of competenceor evidence of formal qualificationsreferred to in paragraphs 1 and 2 or acertificate certifying regulated educationand training or a vocational training withspecial structure equivalent to the levelprovided for in point (c) of Article 11, thehost Member State shall accept the levelattested or certified by the home MemberState.

(AM 78)

3. In case of an attestation of competenceor evidence of formal qualificationsreferred to in paragraphs 1 and 2 or acertificate certifying regulated educationand training or a vocational training withspecial structure equivalent to the levelprovided for in Article 11(c)(i), The hostMember State shall accept the levelattested under Article 11 or certified bythe home Member State, as well as thecertificate by which the home MemberState certifies that regulated educationand training or a vocational trainingwith special structure referred to inArticle 11(c)(ii) is equivalent to the levelprovided for in Article 11(c)(i).

3. In case of an attestation of competenceor evidence of formal qualificationsreferred to in paragraphs 1 and 2 or acertificate certifying regulated educationand training or a vocational training withspecial structure equivalent to the levelprovided for in Article 11(c)(i), The hostMember State shall accept the levelattested under Article 11 or certified bythe home Member State, as well as thecertificate by which the home MemberState certifies that regulated educationand training or a vocational trainingwith special structure referred to inArticle 11(c)(ii) is equivalent to the levelprovided for in Article 11(c)(i).

4. By derogation to paragraphs 1 and 2 ofthis Article, the competent authority ofthe host Member State may refuse accessto and pursuit of the profession to holdersof an attestation of competence where thenational qualification required to exercisethe profession on its territory is classifiedunder points (d) or (e) of Article 11.".

4. By derogation to paragraphs 1 and 2 ofthis Article, the competent authority of thehost Member State may refuse access toand pursuit of the profession to holders ofan attestation of competence referred toin point (a)of Article 11 or aqualification which is not of a level atleast immediately prior to that requiredin the host Member State, where thenational qualification required to exercisethe profession on its territory is classifiedunder points (c), (d) or (e) of Article 11.(AM 79)

4. By derogation to paragraphs 1 and 2 ofthis Article and of Article 14, thecompetent authority of the host MemberState may refuse access to and pursuit ofthe profession to holders of an attestationof competence classified under level (a)of Article 11 where the nationalqualification required to exercise theprofession on its territory is classifiedunder points (d) or (e) of Article 11.

4. By derogation to paragraphs 1 and 2 ofthis Article and of Article 14, thecompetent authority of the host MemberState may refuse access to and pursuit ofthe profession to holders of an attestationof competence classified under level (a)of Article 11 where the nationalqualification required to exercise theprofession on its territory is classifiedunder points (d) or (e) of Article 11.



75

Article 14 Compensation measures


(a) Paragraph 1 is replaced by thefollowing:

"1. Article 13 shall not preclude the hostMember State from requiring theapplicant to complete an adaptationperiod of up to three years or to take anaptitude test if the training he hasreceived covers substantially differentmatters with regard to professionalactivities than those covered by thetraining in the host Member State."


"1. Article 13 shall not preclude the hostMember State from requiring theapplicant to complete an adaptation periodof up to three years or to take an aptitudetest if: the training he has received coverssubstantially different matters with regardto professional activities than thosecovered by the training in the hostMember State.

(a) the training he has receivedcovers substantially different mattersthan those covered by the evidence offormal qualifications required in thehost Member State;

(b) the regulated profession in thehost Member State comprises one ormore regulated professional activitieswhich do not exist in the correspondingprofession in the applicant's homeMember State within the meaning ofArticle 4(2), and that difference consistsin training which is required in the hostMember State and which coverssubstantially different matters fromthose covered by the applicant'sattestation of competence or evidence offormal qualifications."


"1. Article 13 shall not preclude the hostMember State from requiring theapplicant to complete an adaptation periodof up to three years or to take an aptitudetest if: the training he has received coverssubstantially different matters with regardto professional activities than thosecovered by the training in the hostMember State.

(a) the training he has receivedcovers substantially different mattersthan those covered by the evidence offormal qualifications required in thehost Member State;

(b) the regulated profession in thehost Member State comprises one ormore regulated professional activitieswhich do not exist in the correspondingprofession in the applicant's homeMember State within the meaning ofArticle 4(2), and that difference consistsin training which is required in the hostMember State and which coverssubstantially different matters fromthose covered by the applicant'sattestation of competence or evidence offormal qualifications."



76


"Where the Commission considers thatthe derogation referred to in the secondsubparagraph is inappropriate or that it isnot in accordance with Union law, it shalladopt an implementing decision, withinsix months of receiving all necessaryinformation, to ask the relevant MemberState to refrain from taking the envisagedmeasure. In the absence of a responsefrom the Commission within thatdeadline, the derogation may beapplied.".


"Where the Commission considers thatthe derogation referred to in the secondsubparagraph is inappropriate or that it isnot in accordance with Union law, it shalladopt an implementing act, within threesix months of receiving all necessaryinformation, to ask the relevant MemberState to refrain from taking the envisagedmeasure. In the absence of a responsefrom the Commission within thatdeadline, the derogation may be applied.".

(c) In paragraph 3, the followingsubparagraph is inserted after the firstsubparagraph:

"For the profession of notary, the hostMember State may, when it determinesthe compensation measure, take intoaccount the specific activities of thisprofession on its territory, in particular asregards the law to be applied.".

For notaries appointed by official act ofgovernment, the host Member State may,when it determines the compensationmeasure, take into account the specificactivities of this profession on its territory,in particular as regards the law to beapplied.

The host Member State may requirefrom the applicant to complete anadaptation period before admission tothe aptitude test.

The compensation measure shall notexempt the applicant from fulfilling theother conditions imposed by the selectionand designation procedure in the hostMember State, given their duty as publicofficers.

(AM 80)


"For the profession of notary, the hostMember State may, when it determinesthe compensation measure, take intoaccount the specific activities of thisprofession on its territory, in particular asregards the law to be applied"

(ca) In paragraph 3, the followingsubparagraph is inserted after the lastsubparagraph:

"By way of derogation of the principleof the right to the applicant to choose,as laid down in paragraph 2, the hostMember State may specify either anadaptation period or an aptitude test incase of:

(a) a holder of qualificationreferred to in Article 11, point (a) andapplying for the recognition of his


"For the profession of notary, the hostMember State may, when it determinesthe compensation measure, take intoaccount the specific activities of thisprofession on its territory, in particular asregards the law to be applied"

ca) In paragraph 3, the followingsubparagraph is inserted after the lastsubparagraph:

"By way of derogation of the principleof the right to the applicant to choose,as laid down in paragraph 2, the hostMember State may specify either anadaptation period or an aptitude test incase of:

(a) a holder of qualificationreferred to in Article 11, point (a) andapplying for the recognition of his



77

professional qualifications where thenational qualification required isclassified under point (c) of Article 11;

(b) a holder of a qualificationreferred to in Article 11, point (b) andapplying for the recognition of hisprofessional qualifications where thenational qualification required isclassified under points (d) or (e) ofArticle 11.

In the case of a holder of qualificationreferred to in Article 11, point (a) andapplying for the recognition of hisprofessional qualifications where thenational qualification required isclassified under points (d) Article 11,the host Member State may impose anadaptation period and an aptitudetest.".

professional qualifications where thenational qualification required isclassified under point (c) of Article 11;

(b) a holder of a qualificationreferred to in Article 11, point (b) andapplying for the recognition of hisprofessional qualifications where thenational qualification required isclassified under points (d) or (e) ofArticle 11.

In the case of a holder of qualificationreferred to in Article 11, point (a) andapplying for the recognition of hisprofessional qualifications where thenational qualification required isclassified under points (d) Article 11,the host Member State may impose anadaptation period and an aptitudetest.".

Paragraphs 4 and 5 are replaced by thefollowing:

"4. For the purposes of paragraphs 1 and5, 'substantially different matters' shallmean matters of which knowledge isessential for pursuing the profession andwith regard to which the training receivedby the migrant shows importantdifferences in terms of content from thetraining required by the host MemberState.

5. Paragraph 1 shall be applied with dueregard to the principle of proportionality.In particular, if the host Member State

4. For the purposes of paragraphs 1 and 5,‘substantially different matters’ shallmean matters of which knowledge, skillsand competence is essential for pursuingthe profession and with regard to whichthe training received by the migrantshows important differences in terms ofduration or content from the trainingrequired by the host Member State.

(AM 81)

(d) Paragraphs 4 and 5 are replaced by thefollowing:

"4. For the purposes of paragraphs 1 and5, 'substantially different matters' shallmean matters of which knowledge,acquired skills and competences areisessential for pursuing the profession andwith regard to which the training receivedby the migrant shows importantdifferences in terms of content from thetraining required by the host MemberState.


(d) Paragraphs 4 and 5 are replaced by thefollowing:

"4. For the purposes of paragraphs 1 and5, 'substantially different matters' shallmean matters of which knowledge,acquired skills and competences areisessential for pursuing the profession andwith regard to which the training receivedby the migrant shows importantdifferences in terms of content from thetraining required by the host MemberState.




78

intends to require the applicant tocomplete an adaptation period or take anaptitude test, it must first ascertainwhether the knowledge, skills andcompetences acquired by the applicant inthe course of his professional experienceand through lifelong learning in anyMember State or in a third country is of anature to cover, in full or in part, thesubstantially different matters referred toin paragraph 4.".

intends to require the applicant tocomplete an adaptation period or take anaptitude test, it must first ascertainwhether the knowledge, skills andcompetences acquired by the applicant inthe course of his professional experienceor acquired and through lifelonglearning, and formally validated to thisend, in any Member State or in a thirdcountry is of a nature to cover, in full or inpart, the substantially different mattersreferred to in paragraph 4.".

intends to require the applicant tocomplete an adaptation period or take anaptitude test, it must first ascertainwhether the knowledge, skills andcompetences acquired by the applicant inthe course of his professional experienceor acquired and through lifelonglearning, and formally validated to thisend by the relevant body, in anyMember State or in a third country is of anature to cover, in full or in part, thesubstantially different matters referred toin paragraph 4.".

The following paragraphs 6 and 7 areadded:

"6. The decision imposing an adaptationperiod or an aptitude test shall be dulymotivated. In particular, it shall includethe following motivation:

(a) indicate the level of the qualificationrequired in the host Member State and thelevel of the qualification held by theapplicant in accordance with theclassification set out in Article 11;

(b) indicate the subject or subjects forwhich substantial differences have beenidentified

(e) The following paragraphs 6 and 7 areadded:

"6. The decision imposing anadaptation period or an aptitude test shallbe duly motivated. In particular, theapplicant shall be informed of thefollowing information:

(a) the level of the qualificationrequired in the host Member State and thelevel of the qualification held by theapplicant in accordance with theclassification set out in Article 11; and

(b) the substantial differenceswhich matter for the pursuit of theprofession in terms of subjects andcontents and the reasons for whichthese differences cannot becompensated by knowledge, skills andcompetences acquired in the course ofprofessional experience or throughlifelong learning formally validated to

(e) The following paragraphs 6 and 7 areadded:

"6. The decision imposing anadaptation period or an aptitude test shallbe duly motivated. In particular, theapplicant shall be informed of thefollowing information:

(a) the level of the qualificationrequired in the host Member State and thelevel of the qualification held by theapplicant in accordance with theclassification set out in Article 11; and

(b) the substantial differenceswhich matter for the pursuit of theprofession in terms of subjects andcontents and the reasons for whichthese differences cannot becompensated by knowledge, skills andcompetences acquired in the course ofprofessional experience or throughlifelong learning formally validated to



79

this end. indicate the subject or subjectsfor which substantial differences havebeen identified;

this end by the relevant body. indicatethe subject or subjects for whichsubstantial differences have beenidentified;

(c) explain the substantial differences interms of content;

(c) explain the substantial differences interms of duration or content and theconsequences those differences have forthe professional's ability to practise hisprofession in a satisfactory manner inthe host Member State;

(AM 82)

(c) explain the substantialdifferences in terms of content;

(c) explain the substantialdifferences in terms of content;

(d) explain why due to these substantialdifferences, the applicant cannotperform his profession in a satisfactorymanner in the host Member Stateterritory;

deleted

(AM 83)

(d) explain why due to thesesubstantial differences, the applicantcannot perform his profession in asatisfactory manner in the host MemberState territory;

(d) explain why due to thesesubstantial differences, the applicantcannot perform his profession in asatisfactory manner in the host MemberState territory;

(e) explain why these substantialdifferences cannot be compensated by theapplicants knowledge, skills andcompetences gained in the course of hisprofessional experience and throughlifelong learning.

(e) explain why these substantialdifferences cannot be compensated by theapplicants knowledge, skills andcompetences gained in the course of hisprofessional experience and throughlifelong learning certified by competentauthorities.

(AM 84)



7. The aptitude test referred to inparagraph 1 shall be organized at leasttwice a year and applicants shall beauthorized to resit a test at least once ifthey failed a first test.".

7. Member States shall ensure thatapplicants have the possibility of sittingthe aptitude test referred to in paragraph 1not later than six months after the dateof imposition of a compensatory measureon a specific applicant for recognition.

7. The aptitude test referred to inparagraph 1 shall be organized at leasttwice a year and applicants shall beauthorized to resit a test at least once ifthey failed a first test.".

7. Member States shall ensure thatapplicants have the possibility of sittingthe aptitude test referred to in paragraph 1not later than six months after the initialdecision imposing an aptitude test on aspecific applicant for recognition.



80

Applicants shall be authorised to resit atest at least once if they failed a first test.(AM 85)

(ea) The following paragraph is added:

"7a. For the purposes of paragraphs 1 to7, as from [insert date - the day after thedate set out in first subparagraph ofparagraph 1 of Article 3] and every fiveyears thereafter, competent authoritiesshall submit publically available reportsto the Commission and to the otherMember States on their decisions on thecompensation measures, including thereasons justifying them, as well aswhether progress was achieved towardsfurther coordination with other MemberStates, including through CommonTraining Principles."

(AM 86)

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

(13) Article 15 is deleted. (13) Article 15 is deleted. (13) Article 15 is deleted.

Article 20 Adaptation of the lists of activities in Annex IV




"Article 20

Adaptation of lists of activities in AnnexIV

Article 20


"Article 20


"Article 20




81

The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the adaptations ofthe lists of activities set out in Annex IVwhich are the subject of recognition ofprofessional experience pursuant toArticle 16 with a view to updating orclarifying the nomenclature, provided thatthis does not involve any narrowing of thescope of the activities related to theindividual categories.".

The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the adaptations ofthe lists of activities set out in Annex IVwhich are the subject of recognition ofprofessional experience pursuant toArticle 16 with a view to updating orclarifying the nomenclature, provided thatthis involves neither a narrowing of thescope of the activities related to theindividual categories nor the moving ofindividual activities from one list inAnnex IV to another.

(AM 87)

The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the adaptations ofthe lists of activities set out in Annex IVwhich are the subject of recognition ofprofessional experience pursuant toArticle 16 with a view to updating orclarifying the nomenclature, with a viewto updating or clarifying the activitieslisted in particular to further specifytheir scope and to take due account ofthe latest developments in the field ofactivity-based nomenclatures providedthat this does not involve any narrowingof the scope of the activities related to theindividual categories and that there is noshift of activities between the existinglists 1, 2 and 3 of Annex IV.".

The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the adaptations ofthe lists of activities set out in Annex IVwhich are the subject of recognition ofprofessional experience pursuant toArticle 16 with a view to updating orclarifying the nomenclature, with a viewto updating or clarifying the activitieslisted in particular to further specifytheir scope and to take due account ofthe latest developments in the field ofactivity-based nomenclatures providedthat this does not involve any narrowingof the scope of the activities related to theindividual categories and that there is noshift of activities between the existinglists 1, 2 and 3 of Annex IV.".

(14a) The title of Chapter III is replacedby the following:

"Recognition on the basis of a commonset of training conditions and levels"

(This amendment applies throughout thetext. Adopting it will necessitatecorresponding changes throughout.)

(AM 88)

Article 21 Principle of automatic recognition

(15) Paragraphs 4, 6 and 7 of Article 21are deleted.

(15) In Article 21, paragraph 4, thesecond and third subparagraphs ofparagraph 6, and paragraph 7 aredeleted.

(15) Article 21 is amended asfollows:


“4. If a Member State does not



“4. When no territorial restrictions in



82

(AM 89)impose territorial restrictions in theoperation of a pharmacy, it may decidenot to give effect to evidence of formalqualifications referred to in Annex V,point 5.6.2, for the setting up of newpharmacies open to the public. For thepurposes of this paragraph, pharmacieswhich have been open for less thanthree years shall also be considered asnew pharmacies. Member States mayhowever not apply this derogation topharmacists whose formalqualifications have already beenrecognised by its competent authoritiesfor other purposes and who have beeneffectively and lawfully engaged in theprofessional activities as pharmacist forat least three consecutive years in thatMember State.”

(b) Paragraph 6 sub-paragraphs 2and 3 and 7 of Article 21 are deleted arereplaced by the following:

"In order to take account of generallyacknowledged scientific and technicalprogress, the Commission shall beempowered to adopt delegated acts inaccordance with Article 58a to updatethe knowledge and skills referred to inArticles 24(3), 31(6), 34(3), 38(3), 40(3),44(3) and 46(4) to reflect thre evolutionof legislation of the European Unionaffecting directly the professionalsconcerned.

the operation of a pharmacy are imposed,a Member State may decide not to giveeffect to evidence of formal qualificationsreferred to in Annex V, point 5.6.2., forthe setting up of new pharmacies open tothe public. For the purposes of thisparagraph, pharmacies which have beenopen for less than three years shall also beconsidered as new pharmacies.

This derogation may not apply topharmacists whose formal qualificationshaver already been recognised by itscompetent authorities for other purposesand who have been effectively andlawfully engaged in the professionalactivities as pharmacist for at least threeconsecutive years in that Member State.”

(b) Paragraph 6 sub-paragraphs 2and 3 and 7 of Article 21 are deleted arereplaced by the following:

"In order to take account of generallyacknowledged scientific and technicalprogress, the Commission shall beempowered to adopt delegated acts inaccordance with Article 58a to updatethe knowledge and skills referred to inArticles 24(3), 31(6), 34(3), 38(3), 40(3),44(3) and 46(4) to reflect thre evolutionof legislation of the European Unionaffecting directly the professionalsconcerned.

Such updates shall not entail anamendment of existing essentiallegislative principles in Member Statesregarding the structure of professionsas regards training and conditions ofaccess by natural persons. Such



83

Such updates shall neither entail anamendment of existing nationallegislative principles in Member Statesregarding the structure of professionsas regards training and conditions ofaccess by natural persons nor a changeto the organisation of education inMember States.

(c) Paragraph 7 of Article 21 isdeleted.

updates shall respect the responsibilityof the Member States for theorganisation of education systems, asreferred to in Article 165(1) TFEU.

(c) Paragraph 7 of Article 21 isdeleted.

(15a) The following paragraph is inserted:

''(4a) Member States shall not berequired, however, to accept evidence offormal qualifications of pharmacistsreferred to in point 5.6.2 of Annex V, inconnection with the establishment of newpublic pharmacies. For the purposes ofthis paragraph, pharmacies which havebeen open for less than three years shallalso be regarded as new pharmacies.''(AM 90)

Article 21a Notification procedure

(16) The following Article 21a isinserted:


(16) The following Article 21a is inserted:

"Article 21a

Notification procedure

"Article 21a


"Article 21a


1. Each Member State shall notify theCommission of the legislative, regulatoryand administrative provisions which itadopts with regard to the issuing ofevidence of formal qualifications in thearea covered by this Chapter.

In the case of evidence of formal







84

qualifications referred to in Section 8,notification in accordance with the firstsubparagraph shall also be addressed tothe other Member States.



2. The notification referred to inparagraph 1 shall be accompanied by areport demonstrating compliance of thenotified evidence of formal qualificationswith the relevant requirements of thisDirective. The report shall be issued byan appropriate authority or body whichhas been designated by the Member Stateand which has the capability to assess thecompliance of evidence of formalqualifications with this Directive.

2. The notification referred to inparagraph 1 shall be completed withinformation about the duration andcontent of the training programmes.accompanied by a report demonstratingcompliance of the notified evidence offormal qualifications with the relevantrequirements of this Directive. The reportshall be issued by an appropriate authorityor body which has been designated by theMember State and which has thecapability to assess the compliance ofevidence of formal qualifications with thisDirective

2. The notification referred to inparagraph 1 shall be completed withinformation about the duration andcontent of the training programmes.accompanied by a report demonstratingcompliance of the notified evidence offormal qualifications with the relevantrequirements of this Directive. The reportshall be issued by an appropriate authorityor body which has been designated by theMember State and which has thecapability to assess the compliance ofevidence of formal qualifications with thisDirective

2a. The notification referred to inparagraph 1 and the informationreferred to in paragraph 2 shall betransmitted via the Internal MarketInformation System (IMI).

2a. The notification referred to inparagraph 1 and the informationreferred to in paragraph 2 shall betransmitted via the Internal MarketInformation System (IMI).

3. The Commission shall be empoweredto adopt delegated acts in accordancewith Article 58a in order to adapt points5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2,5.5.2, 5.6.2 and 5.7.1 of Annex V, bylisting and updating the titles adopted bythe Member States for evidence of formal

3. In order to take due account oflegislative and administrativedevelopments in the Member State andwhere the legislative, regulatory andadministrative provisions notifiedpursuant to paragraph 1 are inconformity with the conditions foreseen

3. In order to take due account oflegislative and administrativedevelopments in the Member State andwhere the legislative, regulatory andadministrative provisions notifiedpursuant to paragraph 1 are inconformity with the conditions foreseen



85

qualifications and, where appropriate, thebody which issues the evidence of formalqualifications, the certificate whichaccompanies it and the correspondingprofessional title.

in this Chapter, the Commission shall beempowered to adopt delegated acts inaccordance with Article 58a in order toadapt points 5.1.1 to 5.1.4, 5.2.2, 5.3.2,5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 ofAnnex V, by listing and concerning theupdating of the titles adopted by theMember States for evidence of formalqualifications and, where appropriate, thebody which issues the evidence of formalqualifications, the certificate whichaccompanies it and the correspondingprofessional title.

in this Chapter, the Commission shall beempowered to adopt delegated acts inaccordance with Article 58a in order toadapt amend points 5.1.1 to 5.1.4, 5.2.2,5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 ofAnnex V, by listing and concerning theupdating of the titles adopted by theMember States for evidence of formalqualifications and, where appropriate, thebody which issues the evidence of formalqualifications, the certificate whichaccompanies it and the correspondingprofessional title.

4. Where the Commission considers thatthe notified acts referred to in paragraph 1are not in compliance with this Directive,it shall adopt an implementing decision onthat non-compliance, within six months ofreceiving all necessary information.".

4. Where the Commission considers thatthe notified acts referred to in paragraph 1are not in compliance with this Directive,it shall adopt an implementing decision onthat non-compliance, within six months ofreceiving all necessary information, inaccordance with the procedure referredto in Article 58.

(AM 91)

4.Where the legislative, regulatory andadministrative provisions notifiedpursuant to paragraph 1 are not inconformity with the conditions foreseenin this Chapter, the Commission shalladopt an implementing act in order toreject the requested adaptation ofpoints 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3,5.4.2, 5.5.2, 5.6.2 or 5.7.1 of Annex V".

4.Where the legislative, regulatory andadministrative provisions notifiedpursuant to paragraph 1 are not inconformity with the conditions foreseenin this Chapter, the Commission shalladopt an implementing act in order toreject the requested adaptation ofpoints 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3,5.4.2, 5.5.2, 5.6.2 or 5.7.1 of Annex V".

Article 22 Common provisions on training

(-17) In Article 22(1) the following pointis added:

"(c) By ...*Member States shallintroduce schemes for mandatorycontinuing education and training fordoctors of medicine, medical specialists,nurses responsible for general care,dental practitioners, specialised dental



86

practitioners, midwives andpharmacists."

(AM 92)

____________________

*OJ: please insert the date: five yearsafter the entry into force of this Directive


(17) In Article 22, the following secondand third paragraphs are added:

(AM 93)

(17) In Article 22, the following

second paragraph is added:

"For the purposes of point (b) of the firstparagraph, as from [insert date - the dayafter the date set out in first subparagraphof paragraph 1 of Article 3] and every fiveyears thereafter, the competent authoritiesin Member States shall submit publiclyavailable reports to the Commission andto the other Member States on theircontinuing education and trainingprocedures related to doctors of medicine,medical specialists, nurses responsible forgeneral care, dental practitioners,specialised dental practitioners, veterinarysurgeons, midwives and pharmacists.".

"For the purposes of points (b) and (c) ofthe first paragraph, as from [insert date - theday after the date set out in firstsubparagraph of paragraph 1 of Article 3]and every five years thereafter, thecompetent authorities in Member Statesshall submit publicly available assessmentreports to the Commission and to the otherMember States for the purposes ofoptimising the continuing education andtraining related to doctors of medicine,medical specialists, nurses responsible forgeneral care, dental practitioners,specialised dental practitioners, veterinarysurgeons, midwives and pharmacists.

Establishments providing continuouseducation or training shall be assessed by abody listed on the European QualityAssurance Register (EQAR), which shallforward its conclusions to the Commissionand the Member State concerned."

"For the purposes of point (b) of the firstparagraph, as from [insert date – the dayafter the date set out in first subparagraphof paragraph 1 of Article 3] and every fiveyears thereafter, the competent authoritiesin Member States shall submit publiclyavailable reports to the Commission andto the other Member States on theircontinuing education and trainingprocedures related to doctors of medicine,medical specialists, nurses responsible forgeneral care, dental practitioners,specialised dental practitioners, veterinarysurgeons, midwives and pharmacists.".Article 22 is amended as follows:

(a) Article 22(b) is replaced by thefollowing:

“(b) in accordance with the proceduresspecific to each Member State, MemberStates shall ensure, by encouragingcontinuous professional development,that professionals whose qualification iscovered by Chapter III of this Title areable to update their knowledge, skills,

"For the purposes of point (b) of the firstparagraph, as from [insert date – the dayafter the date set out in first subparagraphof paragraph 1 of Article 3] and every fiveyears thereafter, the competent authoritiesin Member States shall submit publiclyavailable reports to the Commission andto the other Member States on theircontinuing education and trainingprocedures related to doctors of medicine,medical specialists, nurses responsible forgeneral care, dental practitioners,specialised dental practitioners, veterinarysurgeons, midwives and pharmacists.".Article 22 is amended as follows:

(a) Article 22(b) is replaced by thefollowing:

“(b) in accordance with the proceduresspecific to each Member State, MemberStates shall ensure, by encouragingcontinuous professional development,that professionals whose qualification iscovered by Chapter III of this Title areable to update their knowledge, skills,



87

and competences in order to maintain asafe and effective practice and keepabreast of professional developments.”

(b) In Article 22, the following secondparagraph is added:

“2. Member States shall communicateto the Commission the measures takenin accordance with paragraph 1(b) by[insert date – end of transpositionperiod].”

and competences in order to maintain asafe and effective practice and keepabreast of professional developments.”

(b) In Article 22, the following secondparagraph is added:

“2. Member States shall communicateto the Commission the measures takenin accordance with paragraph 1(b) by[insert date – end of transpositionperiod]."

Article 24 Basic medical training

(18) Article 24 is amended as follows: (18) Article 24 is amended asfollows:



"2. Basic medical training shall comprisea total of at least five years of study,which may also be expressed with theequivalent ECTS credits, and shallconsist of at least 5500 hours oftheoretical and practical training providedby, or under the supervision of, auniversity.

For persons who began their studiesbefore 1 January 1972, the course oftraining referred to in the firstsubparagraph may comprise six months

(a) Paragraph 2 of Article 24 isreplaced by the following:

"2. Basic medical training shallcomprise a total of at least fiveyears ofstudy, which may in addition also beexpressed with the equivalent ECTScredits, and shall consist of at least 5500hours of theoretical and practical trainingprovided by, or under the supervision of, auniversity.

For persons who began theirstudies before 1 January 1972, the courseof training referred to in the firstsubparagraph may comprise six months offull-time practical training at universitylevel under the supervision of thecompetent authorities.".


"2. Basic medical training shallcomprise a total of at least five years ofstudy, which may in addition also beexpressed with the equivalent ECTScredits, and shall consist of at least 5500hours of theoretical and practical trainingprovided by, or under the supervision of, auniversity.

For persons who began theirstudies before 1 January 1972, the courseof training referred to in the firstsubparagraph may comprise six months offull-time practical training at universitylevel under the supervision of thecompetent authorities.".



88

of full-time practical training at universitylevel under the supervision of thecompetent authorities.".


"The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a to specify:

(a) the adequacy of knowledge ofsciences referred to in point (a) ofparagraph 3 in line with scientific andtechnological progress and the necessarycompetences that such knowledge shouldentail;

(b) the degree of sufficiency ofunderstanding of the items referred to inpoint (b) of paragraph 3 and the necessarycompetences for such understanding inline with scientific progress anddevelopments in education in MemberStates

(c) the adequacy of knowledge of clinicaldisciplines and practices, as referred to inpoint (c) of paragraph 3, and thenecessary competences such knowledgeshould lead to in the light of scientificand technological progress

(d) the suitability of clinical experiencereferred to in point (d) of paragraph 3 andthe necessary competences that suchexperience should entail in the light ofscientific and technological progress aswell as developments in education inMember States.".




(b) the degree of sufficiency ofunderstanding of the items referred to inpoint (b) of paragraph 3 and the necessarycompetences for such understanding inline with scientific progress anddevelopments in education in MemberStates;

(c) the adequacy of knowledge ofclinical disciplines and practices, asreferred to in point (c) of paragraph 3, andthe necessary competences suchknowledge should lead to in the light ofscientific and technological progress;

(d) the suitability of clinicalexperience referred to in point (d) ofparagraph 3 and the necessarycompetences that such experience shouldentail in the light of scientific andtechnological progress as well asdevelopments in education in MemberStates.


10/04 RED - Trialogue discussion on D&IActs


(b) the degree of sufficiency ofunderstanding of the items referred to inpoint (b) of paragraph 3 and the necessarycompetences for such understanding inline with scientific progress anddevelopments in education in MemberStates;

(c) the adequacy of knowledge ofclinical disciplines and practices, asreferred to in point (c) of paragraph 3, andthe necessary competences suchknowledge should lead to in the light ofscientific and technological progress;

(d) the suitability of clinicalexperience referred to in point (d) ofparagraph 3 and the necessarycompetences that such experience shouldentail in the light of scientific andtechnological progress as well asdevelopments in education in MemberStates.



89

(ba)The following paragraph is inserted:

"4a. This Directive shall not under anycircumstances constitute grounds forreducing the training requirementsalready applicable in the Member Statesto general medical training."

(AM 94)

Article 25 Specialist medical training


(19) Article 25 is amended as follows:


"1. Admission to specialist medicaltraining shall be contingent uponcompletion and validation of a basicmedical training programme as referred toin Article 24(2) in the course of which thetrainee has acquired the relevantknowledge of basic medicine.".





(aa) Paragraph 2 is replaced by thefollowing:

"2. The Member States shall ensure thatspecialist medical training meet thefollowing basic conditions:

(a) it has a duration of at least five years,which may, as a complement, be expressedwith the equivalent ECTS credits. Suchtraining shall be given under the



90

supervision of the competent authorities orbodies. It shall include personalparticipation of the trainee specialiseddoctor in the activity and responsibilitiesentailed by the services in question;

(b) it provides assurance that the traineespecialised doctor has acquiredcompetences in the following fields:

(i) communication;

(ii) problem solving;

(iii) applying knowledge and science;

(iv) patient examination;

(v) patient management/treatment;

(vi) using the social and communitycontext of healthcare; and

(vii) self reflection."

(AM 95)


"3a. Member States may lay down intheir national legislations partialexemptions from parts of the specialistmedical training, if that part of thetraining has been followed already duringthe completion of another specialisttraining programme which is listed inpoint 5.1.3 of Annex V and provided thatthe former specialist qualification hasalready been obtained by the professionalin that Member State. Member Statesshall ensure that the granted exemption isnot more than one-third of the minimumduration of specialist medical training

(3a) Member States may lay down in theirnational legislations partial exemptionsfrom parts of the specialist medicaltraining, to be applied on a case-by-casebasis, if that part of the training has beenfollowed already during the completion ofanother specialist training programmewhich is listed in point 5.1.3 of Annex Vand provided that the former specialistqualification has already been obtained bythe professional. Member States shallensure that the granted exemption is notmore than one-third of the minimumduration of specialist medical trainingcourses as referred to in point 5.1.3 of


"3a. Member States may lay down intheir national legislations partialexemptions from parts of the specialistmedical training listed in point 5.1.3 ofAnnex V, if that part of the training hasbeen followed already during thecompletion of another specialist trainingprogramme which is listed in point 5.1.3of Annex V and provided that the formerspecialist qualification has already beenobtained by the professional in a thatMember State. Member States shallensure that the granted exemption is notmore than half one-third of the minimum

(b) The following paragraph 3a isinserted :

"3a. Member States may lay down intheir national legislations partialexemptions from parts of the specialistmedical training listed in point 5.1.3 ofAnnex V, to be applied on a case-by-casebasis, if that part of the training has beenfollowed already during the completion ofanother specialist training programmewhich is listed in point 5.1.3 of Annex Vand provided that the former specialistqualification has already been obtained bythe professional in a that Member State.Member States shall ensure that thegranted exemption is not more than half



91

courses as referred to in point 5.1.3 ofAnnex V.

Each Member State shall notify theCommission and the other Member Statesof their national legislation concernedtogether with detailed justification forsuch partial exemptions.".

Annex V.

(AM 96)

duration of specialist medical trainingcourses as referred to in point 5.1.3 ofAnnex V.


one-third of the minimum duration ofspecialist medical training courses asreferred to in point 5.1.3 of Annex V.



"5. The Commission shall be empoweredto adopt delegated acts in accordancewith Article 58a concerning theadaptations of the minimum periods oftraining referred to in point 5.1.3 ofAnnex V to scientific and technicalprogress."

5. The Commission shall be empoweredto adopt delegated acts in accordance withArticle 58a concerning the adaptations ofthe training requirements referred to inpoint 5.1.3 of Annex V to scientific andtechnical progress.

(AM 97)


"5. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe adaptations of the minimum periods oftraining referred to in point 5.1.3 ofAnnex V to scientific and technicalprogress."


"5. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe adaptations of the minimum periods oftraining referred to in point 5.1.3 ofAnnex V to scientific and technicalprogress."

Article 26 Types of specialist medical training

(20) In Article 26, the second paragraphis replaced by the following:


(AM 98)

(20) In Article 26, the secondparagraph is replaced by the following:


Evidence of formal qualifications as aspecialised doctor referred to in Article21 is such evidence awarded orrecognised by the competent authoritiesor bodies referred to in Annex V, point5.1.2 as corresponds, for the specialisedtraining in question, to the titles in usein the various Member States andreferred to in Annex V, point 5.1.3.



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(AM 99)

"The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the inclusion inpoint 5.1.3 of Annex V of new medicalspecialties common to at least one third ofthe Member States with a view toupdating this Directive in the light ofchanges in national legislation.".

The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the inclusion inpoint 5.1.3 of Annex V of new medicalspecialties common to at least one third ofthe Member States with a view toupdating this Directive in the light ofchanges in national legislation.

" In order to take due account ofchanges in national legislation, theCommission shall be empowered to adoptdelegated acts in accordance with Article58a concerning the inclusion in point 5.1.3of Annex V of new medical specialtiescommon to at least two-fifths one third ofthe Member States with a view toupdating this Directive in the light ofchanges in national legislation.".

" In order to take due account ofchanges in national legislation, theCommission shall be empowered to adoptdelegated acts in accordance with Article58a concerning the inclusion in point 5.1.3of Annex V of new medical specialtiescommon to at least two-fifths one third ofthe Member States with a view toupdating this Directive in the light ofchanges in national legislation.".

(20a) In Article 27, the following newparagraph 2a is inserted:

(20a) In Article 27, the following newparagraph 2a is inserted:

“2a. Member States shall recognisethe qualifications of specialised doctorsawarded in Italy, and listed in Annex V,points 5.1.2 and 5.1.3, to doctors whostarted their specialist training after 31December 1983 and before 1 January1991, where the training concerneddoes not satisfy all the trainingrequirements referred to in Article 25,insofar as the qualification isaccompanied by a certificate issued bythe competent Italian authoritiesstating that the doctor concerned haseffectively and lawfully been engaged,in Italy, in the activities of a medicalspecialist in the same specialist areaconcerned, for at least sevenconsecutive years during the ten yearspreceding the award of the certificate.”.

“2a. Every Member State shallrecognise the qualifications ofspecialised doctors awarded in Italy,and listed in Annex V, points 5.1.2 and5.1.3, to doctors who started theirspecialist training after 31 December1983 and before 1 January 1991, wherethe training concerned does not satisfyall the training requirements referredto in Article 25, insofar as thequalification is accompanied by acertificate issued by the competentItalian authorities stating that thedoctor concerned has effectively andlawfully been engaged, in Italy, in theactivities of a medical specialist in thesame specialist area concerned, for atleast seven consecutive years during theten years preceding the award of thecertificate.”.



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Article 28 Specific training in general medical practice

(21) In Article 28, the first paragraph isreplaced by the following:

(21) In Article 28, the first paragraphis replaced by the following:

(21) In Article 28, the first paragraphis replaced by the following:

"1. Admission to specific training ingeneral medical practice shall becontingent upon completion andvalidation of a basic medical trainingprogramme as referred to in Article24(2).".



Article 31 Training of nurses responsible for general care



"1. Admission to training for nursesresponsible for general care shall becontingent upon completion of generaleducation of 12 years, as attested by adiploma, certificate or other evidenceissued by the competent authorities orbodies in a Member State or by acertificate attesting success in anexamination, of an equivalent level, foradmission to a school of nursing.".

"1. Admission to training for nursesresponsible for general care shall becontingent upon:

(a) possession of a diploma, certificate orother evidence of qualification givingaccess, on the basis of general educationof 12 years, to universities or highereducation institutes of a level recognisedas equivalent; or

(b) completion of general education of atleast 10 years, as attested by a diploma,certificate or other evidence issued by thecompetent authorities or bodies in aMember State or by a certificate attestingsuccess in an examination, of anequivalent level, and giving access to a


"1. Admission to training for nursesresponsible for general care shall becontingent upon either:

(a) completion of generaleducation of 12 years, as attested by adiploma, certificate or other evidenceissued by the competent authorities orbodies in a Member State or by acertificate attesting success in anexamination of an equivalent level,giving access to universities or highereducation institutes of a levelrecognised as equivalent, or

(b) completion of general educationof at least 12 10 years, as attested by a


"1. Admission to training for nursesresponsible for general care shall becontingent upon either:

(a) completion of generaleducation of 12 years, as attested by adiploma, certificate or other evidenceissued by the competent authorities orbodies in a Member State or by acertificate attesting success in anexamination of an equivalent level,giving access to universities or highereducation institutes of a levelrecognised as equivalent, or

(b) completion of general educationof at least 12 10 years, as attested by a



94

vocational school of nursing.". (AM 100) diploma, certificate or other evidenceissued by the competent authorities orbodies in a Member State or by acertificate attesting success in anexamination of an equivalent level, andgiving access to a vocational foradmission to a school or vocationaltraining programme forof nursing.".

diploma, certificate or other evidenceissued by the competent authorities orbodies in a Member State or by acertificate attesting success in anexamination of an equivalent level, andgiving access to a vocational foradmission to a school or vocationaltraining programme forof nursing.".

(b) In paragraph 2, the secondsubparagraph is replaced by thefollowing:

"The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning amendments to thelist set out in point 5.2.1 of Annex V witha view to adapting it to the educational,scientific and technical progress.".


"The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningamendments to the list set out in point5.2.1 of Annex V with a view to adaptingit to the educational, scientific andtechnical progress."


"The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningamendments to the list set out in point5.2.1 of Annex V with a view to adaptingit to the educational, scientific andtechnical progress."

(c) In paragraph 3, the first subparagraphis replaced by the following:

"The training of nurses responsible forgeneral care shall comprise at least threeyears of study consisting of at least 4 600hours of theoretical and clinical training,the duration of the theoretical trainingrepresenting at least one third and theduration of the clinical training at leastone half of the minimum duration of thetraining. Member States may grant partialexemptions to persons who have receivedpart of their training on courses which areof at least an equivalent level.".

(c) In paragraph 3, the firstsubparagraph is replaced by thefollowing:

"The training of nurses responsible forgeneral care shall comprise a total of atleast three years of study, which may inaddition be expressed with theequivalent ECTS credits, and shallconsisting of at least 4 600 hours oftheoretical and clinical training, theduration of the theoretical trainingrepresenting at least one third and theduration of the clinical training at leastone half of the minimum duration of thetraining. Member States may grant partialexemptions to persons who have received

(c) In paragraph 3, the firstsubparagraph is replaced by thefollowing:

"The training of nurses responsible forgeneral care shall comprise a total of atleast three years of study, which may inaddition be expressed with theequivalent ECTS credits, and shallconsisting of at least 4 600 hours oftheoretical and clinical training, theduration of the theoretical trainingrepresenting at least one third and theduration of the clinical training at leastone half of the minimum duration of thetraining. Member States may grant partialexemptions to persons who have received



95

part of their training on courses which areof at least an equivalent level.".

part of their training on courses which areof at least an equivalent level.".

(ca) Paragraph 4 is replaced by thefollowing:

"4. Theoretical training is that part ofnurse training from which trainee nursesacquire the professional knowledge,skills and competences required underparagraphs 6 and 6a. The training shallbe given by teachers of nursing care andby other competent persons, atuniversities, at higher educationinstitutes of a level recognised asequivalent or at vocational schools ofnursing."

(AM 101)

(d) Paragraph 4 is replaced by thefollowing:

"4. Theoretical education is thatpart of nurse training from whichtrainee nurses acquire the professionalknowledge, skills and competencesrequired under paragraphs 6 and 7.The training shall be given by teachersof nursing care and by other competentpersons, at universities, at highereducation institutes of a levelrecognised as equivalent or atvocational schools or throughvocational training programmes fornursing."

(d) Paragraph 4 is replaced by thefollowing:

"4. Theoretical education is thatpart of nurse training from whichtrainee nurses acquire the professionalknowledge, skills and competencesrequired under paragraphs 6 and 7.The training shall be given by teachersof nursing care and by other competentpersons, at universities, at highereducation institutes of a levelrecognised as equivalent or atvocational schools or throughvocational training programmes fornursing."

(cb) Paragraph 5 is replaced by thefollowing:

"(5) Clinical education is that part ofnurse training in which trainee nurseslearn, as part of a team and in directcontact with a healthy or sick individualand/or community, to organise, dispenseand evaluate the required comprehensivenursing care, on the basis of theknowledge, skills and competences whichthey have acquired. The trainee nurseshall learn not only how to work in ateam, but also how to lead a team andorganise overall nursing care, includinghealth education for individuals and

(e) In paragraph 5, the firstsubparagraph is replaced by thefollowing:

"5. Clinical training is that part ofnurse training in which trainee nurseslearn, as part of a team and in directcontact with a healthy or sickindividual and/or community, toorganise, dispense and evaluate therequired comprehensive nursing care,on the basis of the knowledge, skills andcompetences which they have acquired.The trainee nurse should learn not onlyhow to work in a team, but also how tolead a team and organise overallnursing care, including healtheducation for individuals and small

(e) In paragraph 5, the firstsubparagraph is replaced by thefollowing:

"5. Clinical training is that part ofnurse training in which trainee nurseslearn, as part of a team and in directcontact with a healthy or sickindividual and/or community, toorganise, dispense and evaluate therequired comprehensive nursing care,on the basis of the knowledge, skills andcompetences which they have acquired.The trainee nurse shall learn not onlyhow to work in a team, but also how tolead a team and organise overallnursing care, including healtheducation for individuals and small



96

small groups, within the health instituteor in the community."

(AM 102)

groups, within the health institute or inthe community."

groups, within the health institute or inthe community."

(f) Paragraph 6 is replaced by thefollowing:

"6. Training for nurses responsiblefor general care shall provide anassurance that the professional hasacquired the following knowledge andskills:

(a) comprehensive knowledge ofthe sciences on which general nursing isbased, including sufficientunderstanding of the structure,physiological functions and behaviourof healthy and sick persons, and of therelationship between the state of healthand the physical and socialenvironment of the human being;

(b) knowledge of the nature andethics of the profession and of thegeneral principles of health andnursing;

(c) adequate clinical experience;such experience, which should beselected for its training value, should begained under the supervision ofqualified nursing staff and in placeswhere the number of qualified staff andequipment are appropriate for thenursing care of the patient;

(d) the ability to participate in thepractical training of health personneland experience of working with suchpersonnel;

(f) Paragraph 6 is replaced by thefollowing:

"6. Training for nurses responsiblefor general care shall provide anassurance that the professional hasacquired the following knowledge andskills:

(a) comprehensive knowledge ofthe sciences on which general nursing isbased, including sufficientunderstanding of the structure,physiological functions and behaviourof healthy and sick persons, and of therelationship between the state of healthand the physical and socialenvironment of the human being;

(b) knowledge of the nature andethics of the profession and of thegeneral principles of health andnursing;

(c) adequate clinical experience;such experience, which should beselected for its training value, should begained under the supervision ofqualified nursing staff and in placeswhere the number of qualified staff andequipment are appropriate for thenursing care of the patient;

(d) the ability to participate in thepractical training of health personneland experience of working with suchpersonnel;



97

(e) experience of working togetherwith members of other professions inthe health sector.".

(e) experience of working togetherwith members of other professions inthe health sector.".

(ca) The following paragraph is inserted:

"6a. Formal qualifications as a generalcare nurse shall provide evidence thatthe person in question is able to apply atleast the following knowledge, skills andcore competences regardless of whetherthe training took place at a university, ahigher education institute at a levelrecognised as equivalent or at avocational school of nursing:

(a) competence to independentlydiagnose the nursing care required usingcurrent theoretical and clinicalknowledge and to plan, organise andimplement nursing care when treatingpatients on the basis of the knowledgeand skills acquired in accordance withpoints (a), (b) and (c) of paragraph 6;

(b) competence to work togethereffectively with other actors in the healthsector, including participation in thepractical training of health personnel onthe basis of the knowledge and skillsacquired in accordance with points (d)and (e) of paragraph 6;

(c) competence to empower individuals,families and groups towards healthylifestyles and self-care on the basis of theknowledge and skills acquired inaccordance with points (a) and (b) ofparagraph 6;

(dg) The following paragraph 7 isadded:

"7. Formal qualifications as a generalcare nurse shall provide evidence thatthe professional in question is able toapply at least the followingcompetences regardless of whether thetraining took place at a university, ahigher education institute at a levelrecognised as equivalent, a vocationaltraining programme or at a vocationalschool of nursing..

(a) competence to independentlydiagnose the nursing care requiredusing current theoretical and clinicalknowledge and to plan, organise andimplement nursing care when treatingpatients on the basis of the knowledgeand skills acquired in accordance withparagraph 6 letters a, b and c in orderto improve professional practice;

(b) competence to work togethereffectively with other actors in thehealth sector, including participationin the practical training of healthpersonnel on the basis of theknowledge and skills acquired inaccordance with paragraph 6 letters dand e;

(c) competence to empowerindividuals, families and groups

(dg) The following paragraph 7 isadded:

"7. Formal qualifications as a generalcare nurse shall provide evidence thatthe professional in question is able toapply at least the followingcompetences regardless of whether thetraining took place at a university, ahigher education institute at a levelrecognised as equivalent, a vocationaltraining programme or at a vocationalschool of nursing.

(a) competence to independentlydiagnose the nursing care requiredusing current theoretical and clinicalknowledge and to plan, organise andimplement nursing care when treatingpatients on the basis of the knowledgeand skills acquired in accordance withparagraph 6 letters a, b and c in orderto improve professional practice;

(b) competence to work togethereffectively with other actors in thehealth sector, including participationin the practical training of healthpersonnel on the basis of theknowledge and skills acquired inaccordance with paragraph 6 letters dand e;

(c) competence to empowerindividuals, families and groups



98

(d) competence to independently initiatelife-preserving immediate measures andto carry out measures in crises anddisaster situations;

(e) competence to independently giveadvice to, instruct and support personsneeding care and their attachmentfigures;

(f) competence to independently assurequality of and to evaluate nursing care;

(g) competence to comprehensivelycommunicate professionally and tocooperate with members of otherprofessions in the health sector."

(AM 103)

towards healthy lifestyles and self-careon the basis of the knowledge and skillsacquired in accordance withparagraph 6 letters a and b;

(d) competence to independentlyinitiate life-preserving immediatemeasures and to carry out measures incrises and disaster situations;

(e) competence to independentlygive advice to, instruct and supportpersons needing care and theirattachment figures;

(f) competence to independentlyassure quality of and to evaluatenursing care;

(g) competence tocomprehensively communicateprofessionally and to cooperate withmembers of other professions in thehealth sector;

(h) competence to analyse the carequality to improve their ownprofessional practice as a general carenurse.

towards healthy lifestyles and self-careon the basis of the knowledge and skillsacquired in accordance withparagraph 6 letters a and b;

(d) competence to independentlyinitiate life-preserving immediatemeasures and to carry out measures incrises and disaster situations;

(e) competence to independentlygive advice to, instruct and supportpersons needing care and theirattachment figures;

(f) competence to independentlyassure quality of and to evaluatenursing care;

(g) competence tocomprehensively communicateprofessionally and to cooperate withmembers of other professions in thehealth sector;

(h) competence to analyse the carequality to improve their ownprofessional practice as a general carenurse.

(d) The following paragraph 7 is added: (d) The following paragraph 7 is added:


(a) the adequacy of knowledge ofthe sciences of general nursing, asreferred to in point (a) of paragraph 6, in

The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a to specify:

a) the adequacy of knowledge of thesciences of general nursing, as referred toin point (a) of paragraph 6 and paragraph

The Commission shall be empowered toadopt delegated acts in accordancewith Article 58a to specify:

(a) the adequacy of knowledge of thesciences of general nursing, asreferred to in point (a) of

The Commission shall be empowered toadopt delegated acts in accordancewith Article 58a to specify:

(a) the adequacy of knowledge of thesciences of general nursing, asreferred to in point (a) of



99

line with scientific and technologicalprogress as well as the necessarycompetences such knowledge shouldentail in line with scientific andtechnological progress and recentdevelopments in education;

(b) the degree of sufficiency ofunderstanding of the items referred to inpoint (a) of paragraph 6 and the necessarycompetences following from suchunderstanding in line with scientific andtechnological progress and recentdevelopments in education;

(c) the degree of sufficiency ofknowledge about the items referred to inpoint (b) of paragraph 6 and the necessarycompetences following from suchknowledge in line with scientific progressand recent developments in education;

(d) the adequacy of clinicalexperience referred to in point (c) ofparagraph 6 and the necessarycompetences following from suchadequate clinical experience in line withscientific and technological progress andrecent developments in education.".

6a, in line with scientific andtechnological progress as well as thenecessary competences such knowledgeshould entail in line with scientific andtechnological progress and recentdevelopments in education;

b) the degree of sufficiency ofunderstanding of the items referred to inpoint (a) of paragraph 6 and paragraph6a and the necessary competencesfollowing from such understanding in linewith scientific and technological progressand recent developments in education;

c) the degree of sufficiency of knowledgeabout the items referred to in point (b) ofparagraph 6 and paragraph 6a and thenecessary competences following fromsuch knowledge in line with scientificprogress and recent developments ineducation;

d) the adequacy of clinical experiencereferred to in point (c) of paragraph 6 andparagraph 6a and the necessarycompetences following from suchadequate clinical experience in line withscientific and technological progress andrecent developments in education. (AM104)

paragraph 6, in line with scientificand technological progress as wellas the necessary competences suchknowledge should entail in linewith scientific and technologicalprogress and recent developmentsin education;

(b) the degree of sufficiency ofunderstanding of the itemsreferred to in point (a) ofparagraph 6 and the necessarycompetences following from suchunderstanding in line withscientific and technologicalprogress and recent developmentsin education;

(c) the degree of sufficiency ofknowledge about the itemsreferred to in point (b) ofparagraph 6 and the necessarycompetences following from suchknowledge in line with scientificprogress and recent developmentsin education;

(d) the adequacy of clinicalexperience referred to in point (c)of paragraph 6 and the necessarycompetences following from suchadequate clinical experience inline with scientific andtechnological progress and recentdevelopments in education.".

paragraph 6, in line with scientificand technological progress as wellas the necessary competences suchknowledge should entail in linewith scientific and technologicalprogress and recent developmentsin education;

(b) the degree of sufficiency ofunderstanding of the itemsreferred to in point (a) ofparagraph 6 and the necessarycompetences following from suchunderstanding in line withscientific and technologicalprogress and recent developmentsin education;

(c) the degree of sufficiency ofknowledge about the itemsreferred to in point (b) ofparagraph 6 and the necessarycompetences following from suchknowledge in line with scientificprogress and recent developmentsin education;

(d) the adequacy of clinicalexperience referred to in point (c)of paragraph 6 and the necessarycompetences following from suchadequate clinical experience inline with scientific andtechnological progress and recentdevelopments in education.".

Article 33 Pursuit of the professional activities of nurses responsible for general care





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(a) The following paragraph 1a isinserted:

"1a. Member States shall recognizeautomatically those general care nursequalifications where the applicant startedthe training before [insert date – entryinto force of the amended Directive], andthe admission requirement was ten yearsor equivalent level of general education,but the qualification otherwise complieswith all the training requirementsstipulated in Article 31.".


"1a. Member States shall recognizeautomatically those general care nursequalifications where the applicant startedthe training before [insert date- entry intoforce of the amended Directive], and theadmission requirement was ten years orequivalent level of general education, butthe qualification otherwise complies withall the training requirements stipulated inArticle 31.".


"1a. Member States shall recognizeautomatically those general care nursequalifications where the applicant startedthe training before [insert date- entry intoforce of the amended Directive], and theadmission requirement was ten years orequivalent level of general education, butthe qualification otherwise complies withall the training requirements stipulated inArticle 31.".

(aa) Paragraph 2 is deleted;

(AM 105)

(aa) Paragraph 2 is deleted. (aa) Paragraph 2 is deleted;

(b) Paragraph 3 is replaced by thefollowing:

"3. Member States shall recogniseevidence of formal qualifications innursing awarded in Poland, to nurses whocompleted training before 1 May 2004,which did not comply with the minimumtraining requirements laid down in Article31, attested by the diploma ‘bachelor’which has been obtained on the basis of aspecial upgrading programme containedin Article 11 of the Act of 20 April 2004on the amendment of the Act onprofessions of nurse and midwife and onsome other legal acts (Official Journal ofthe Republic of Poland of 30 April 2004No 92, pos. 885), and the Regulation of

3. Member States shall recogniseevidence of formal qualifications innursing awarded in Poland, to nurses whocompleted training before 1 May 2004,which did not comply with the minimumtraining requirements laid down in Article31, attested by the diploma 'bachelor'which has been obtained on the basis of aspecial upgrading programme containedin Article 11 of the Act of 20 April 2004on the amendment of the Act onprofessions of nurse and midwife and onsome other legal acts (Official Journal ofthe Republic of Poland of 30 April 2004No 92, pos. 885), and the Regulation ofthe Minister of Health of 11 May 2004 on


"3. Member States shall recogniseevidence of formal qualifications innursing awarded in Poland, to nurses whocompleted training before 1 May 2004,which did not comply with the minimumtraining requirements laid down in Article31, attested by the diploma ‘bachelor’which has been obtained on the basis of aspecial upgrading programme containedin Article 11 of the Act of 20 April 2004on the amendment of the Act onprofessions of nurse and midwife and onsome other legal acts (Official Journal ofthe Republic of Poland of 30 April 2004No 92, pos. 885), and the Regulation of



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the Minister of Health of 12 April 2010amending the Regulation of the Ministerof Health of 11 May 2004 on the detailedconditions of delivering studies for nursesand midwives, who hold a certificate ofsecondary school (final examination —matura) and are graduates of medicallyceum and medical vocational schoolsteaching in a profession of a nurse and amidwife (Official Journal of the Republicof Poland of 21 April 2010, No 65, pos.420), with the aim of verifying that theperson concerned has a level ofknowledge and competence comparableto that of nurses holding thequalifications which, in the case ofPoland, are defined in point 5.2.2. ofAnnex V.".

the detailed conditions of deliveringstudies for nurses and midwives, whohold a certificate of secondary school(final examination — matura) and aregraduates of medical lyceum and medicalvocational schools teaching in aprofession of a nurse and a midwife(Official Journal of the Republic ofPoland of 13 May 2004 No 110, pos.1170, with further amendments),replaced by Article 55.2 of the Act of 15July 2011 on professions of nurse andmidwife (Official Journal of theRepublic of Poland of 23 August 2011No 174, pos. 1039), and the Regulationof the Minister of Health of 14 June2012 on the detailed conditions ofdelivering higher education courses fornurses and midwives who hold acertificate of secondary school (finalexamination – matura) and aregraduates of a medical secondary schoolor a post-secondary school teaching in aprofession of a nurse and a midwife(Official Journal of the Republic ofPoland of 6 July 2012, pos. 770), with theaim of verifying that the person concernedhas a level of knowledge and competencecomparable to that of nurses holding thequalifications which, in the case ofPoland, are defined in Annex V, point5.2.2.

(AM 106)

the Minister of Health of 12 April 2010amending the Regulation of the Ministerof Health of 11 May 2004 on the detailedconditions of delivering studies for nursesand midwives, who hold a certificate ofsecondary school (final examination —matura) and are graduates of medicallyceum and medical vocational schoolsteaching in a profession of a nurse and amidwife (Official Journal of theRepublic of Poland of 13 May 2004 No110, pos. 1170 with furtheramendments), as subsequently replacedby Article 55.2 of the Act of 15 July2011 on professions of nurse andmidwife (Official Journal of theRepublic of Poland of 23 August 2011No 174, pos. 1039), and the Regulationof the Minister of Health of 14 June2012 on the detailed conditions ofdelivering higher education courses fornurses and midwives who hold acertificate of secondary school (finalexamination – matura) and aregraduates of a medical secondaryschool or a post-secondary schoolteaching in a profession of a nurse anda midwife (Official Journal of theRepublic of Poland of 6 July 2012, pos.770), with the aim of verifying that theprofessional concerned has a level ofknowledge and competence comparableto that of nurses holding the qualificationswhich, in the case of Poland, are definedin point 5.2.2. of Annex V.".

(23a) Article 33(a) is replaced by thefollowing:

“As regards the Romanian

(23a) Article 33(a) is replaced by thefollowing:

“As regards the Romanian



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qualification of nurse responsible forgeneral care, only the followingacquired rights provisions will apply:

In the case of nationals of the MemberStates who were trained as nurseresponsible for general care inRomania and whose training does notsatisfy the minimum trainingrequirements laid down in Article 31,Member States shall recognise thefollowing evidence of formalqualifications as nurse responsible forgeneral care as being sufficient proof ifaccompanied by a certificate statingthat those Member State nationalshave effectively and lawfully beenengaged in the activities of a nurseresponsible for general care inRomania for a period of at least threeconsecutive years during the five yearsprior to the date of issue of thecertificate:

- Certificat de competenţeprofesionale de asistent medicalgeneralist with post-secondaryeducation obtained from a şcoalăpostliceală, attesting training startedbefore 1 January 2007,

- Diplomă de absolvire deasistent medical generalist with short-time higher education studies, attestingtraining started before 1 October 2003,

- Diplomă de licenţă de asistentmedical generalist with long-timehigher education studies, attestingtraining started before 1 October 2003.

qualification of nurse responsible forgeneral care, only the followingacquired rights provisions will apply:

In the case of nationals of the MemberStates who were trained as nurseresponsible for general care inRomania and whose training does notsatisfy the minimum trainingrequirements laid down in Article 31,Member States shall recognise thefollowing evidence of formalqualifications as nurse responsible forgeneral care as being sufficient proof ifaccompanied by a certificate statingthat those Member State nationalshave effectively and lawfully beenengaged in the activities of a nurseresponsible for general care inRomania for a period of at least threeconsecutive years during the five yearsprior to the date of issue of thecertificate:

- Certificat de competenţeprofesionale de asistent medicalgeneralist with post-secondaryeducation obtained from a şcoalăpostliceală, attesting training startedbefore 1 January 2007,

- Diplomă de absolvire deasistent medical generalist with short-time higher education studies, attestingtraining started before 1 October 2003,

- Diplomă de licenţă de asistentmedical generalist with long-timehigher education studies, attestingtraining started before 1 October 2003.



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The said activities must have includedtaking full responsibility for theplanning, organisation and carryingout of the nursing care of the patient.".

The said activities must have includedtaking full responsibility for theplanning, organisation and carrying outof the nursing care of the patient.".

Article 34 Basic dental training


(a) In paragraph 2, the first and thesecond subparagraphs are replaced by thefollowing:

"Basic dental training shall comprise atotal of at least five years of full-timetheoretical and practical study, whichmay also be expressed with theequivalent ECTS credits, comprising atleast the programme described in AnnexV, point 5.3.1 and given in a university,in a higher institute providing trainingrecognised as being of an equivalent levelor under the supervision of a university.

The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the adaptations ofthe list set out in point 5.3.1. of Annex Vwith a view to adapting it to scientific andtechnical progress.".

2. Basic dental training shall comprise atotal of at least five years of full-timestudy, which may, as a complement, beexpressed with the equivalent ECTScredits, consisting of at least 5000 hoursof theoretical and practical study, andcomprising at least the programmedescribed in Annex V, point 5.3.1 andgiven in a university, in a higher instituteproviding training recognised as being ofan equivalent level or under thesupervision of a university.(AM 107)

(a) In paragraph 2 of Article 34, thefirst and the second subparagraphs arereplaced by the following:

"Basic dental training shall comprise atotal of at least five years of study, whichmay also in addition be expressed withthe equivalent ECTS credits, shallconsist of at least 5000 hours of full-timetheoretical and practical training, andshall comprise at least the programmedescribed in Annex V, point 5.3.1 andgiven in a university, in a higher instituteproviding training recognised as being ofan equivalent level or under thesupervision of a university.


(a) In paragraph 2 of Article 34, thefirst and the second subparagraphs arereplaced by the following:

"Basic dental training shall comprise atotal of at least five years of study, whichmay also in addition be expressed withthe equivalent ECTS credits, shallconsist of at least 5000 hours of full-timetheoretical and practical training, andshall comprise at least the programmedescribed in Annex V, point 5.3.1 andgiven in a university, in a higher instituteproviding training recognised as being ofan equivalent level or under thesupervision of a university.



"The Commission shall be empowered toadopt delegated acts in accordance with







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Article 58a to specify:

(a) the adequacy of knowledge ofscience of dentistry and the degree ofunderstanding of scientific methods, asreferred to in point (b) of paragraph 3,and the necessary competences followingfrom such degree of knowledge andunderstanding in line with scientific andtechnological progress and recentdevelopments in education;

(b) the adequacy of knowledge ofthe items referred to in point (b) ofparagraph 3, and the necessarycompetences following from such degreeof knowledge in line with scientific andtechnological progress and recentdevelopments in education;

(c) the adequacy of knowledge ofthe items referred to in point (c) ofparagraph 3, and the necessarycompetences following from such degreein line with scientific and technologicalprogress;

(d) the adequacy of knowledge ofclinical disciplines and methods, asreferred to in point (d) of paragraph 3,and the necessary competences followingthereof in line with scientific andtechnologic progress;

(e) the suitability of clinical experience asreferred to in point (e) of paragraph 3 inline with recent developments ineducation.".















105

Article 35 Specialist dental training



(a) Paragraph 1 is replaced bythe following:

“1. Admission to specialist dentaltraining shall be contingent uponcompletion and validation of a basicdental training referred to in Article34, or possession of the documentsreferred to in Articles 23 and 37.”

(a) Paragraph 1 is replaced bythe following:

“1. Admission to specialist dentaltraining shall be contingent uponcompletion and validation of a basicdental training referred to in Article34, or possession of the documentsreferred to in Articles 23 and 37.”

(a) In paragraph 2, the secondsubparagraph is replaced by thefollowing:

"Full-time specialist dental courses shallbe of a minimum of three years' duration,which may also be expressed with theequivalent ECTS credits, and shall besupervised by the competent authoritiesor bodies. It shall involve the personalparticipation of the dental practitionertraining to be a specialist in the activityand in the responsibilities of theestablishment concerned.".

Full-time specialist dental courses shall beof a minimum of three years' duration,which may also be expressed as anadditional criterion with the equivalentECTS credits, and shall be supervised bythe competent authorities or bodies Itshall involve the personal participation ofthe dental practitioner training to be aspecialist in the activity and in theresponsibilities of the establishmentconcerned.

(AM 108)

(ab) In paragraph 2, the secondsubparagraph is replaced by thefollowing:

"Full-time specialist dentalcourses shall be of a minimum of threeyears' duration, which may also beexpressed with the equivalent ECTScredits, and shall be supervised by thecompetent authorities or bodies. It shallinvolve the personal participation of thedental practitioner training to be aspecialist in the activity and in theresponsibilities of the establishmentconcerned.".

(ab) In paragraph 2, the secondsubparagraph is replaced by thefollowing:

"Full-time specialist dentalcourses shall be of a minimum of threeyears' duration, which may also beexpressed with the equivalent ECTScredits, and shall be supervised by thecompetent authorities or bodies. It shallinvolve the personal participation of thedental practitioner training to be aspecialist in the activity and in theresponsibilities of the establishmentconcerned.".

(b) In paragraph 2, the third subparagraphis deleted.

(bc) In paragraph 2, the thirdsubparagraph is deleted.

(bc) In paragraph 2, the thirdsubparagraph is deleted.



106

(c) The following paragraph 4 is added:

"4. The Commission shall be empoweredto adopt delegated acts in accordancewith Article 58a concerning theadaptations of the minimum period oftraining referred to in paragraph 2 with aview to adapting it to scientific andtechnical progress.

The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the inclusion inpoint 5.3.3. of Annex V of new dentalspecialties common to at least one third ofthe Member States, with a view toupdating this Directive in the light ofchanges in national legislation.".

(cd) The following paragraphs 4 and5 are is added:


The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the adaptationof the minimum period of trainingreferred to in paragraph 2 to scientificand technical progress.

5. In order to take due account ofchanges in national legislation, theCommission shall be empowered to adoptdelegated acts in accordance with Article58a concerning the inclusion in point5.3.3. of Annex V of new dentalspecialties common to at least two-fifthsone third of the Member States, with aview to updating this Directive in the lightof changes in national legislation.".

(cd) The following paragraphs 4 and5 are is added:


5. In order to take due account ofchanges in national legislation, theCommission shall be empowered to adoptdelegated acts in accordance with Article58a concerning the inclusion in point5.3.3. of Annex V of new dentalspecialties common to at least two-fifthsone third of the Member States, with aview to updating this Directive in the lightof changes in national legislation.".

(25a) In Article 37 the followingparagraph 3 is added:

“3. As regards evidence of formalqualifications of dental practitioners,Member States shall recognize suchevidence pursuant to the provisions ofArticle 21 in those cases where theapplicant began his/her training on orbefore [insert date – end oftransposition period as referred to inArticle 3(1) of the amended Directive].”

(25a)In Article 37 the followingparagraph 3 is added:

“3. As regards evidence of formalqualifications of dental practitioners,Member States shall recognize suchevidence pursuant to the provisions ofArticle 21 in those cases where theapplicant began his/her training on orbefore [insert date – end oftransposition period as referred to inArticle 3 (1) of the amended



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Directive].”

(25b) A new Article 37 (3)(a) isinserted:Each Member State shall recogniseevidence of formal qualifications as adoctor issued in Spain to professionalswho began their university medicaltraining between 1st January 1986 and31 December 1997, accompanied by acertificate issued by the competentSpanish authorities.The certificate must show that the threefollowing conditions are met:(a) that the professional in questionhave successfully completed at leastthree years of study, certified by theSpanish competent authorities as beingequivalent to the training referred to inArticle 34;(b) that they have been effectively,lawfully and principally engaged in theactivities referred to in Article 36 inSpain for at least three consecutiveyears during the five years precedingthe award of the certificate;(c) that they are authorised to engage inor are effectively, lawfully andprincipally engaged in the activitiesreferred to in Article 36, under thesame conditions as the holders ofevidence of formal qualifications listedfor Spain in Annex V, point 5.3.2. ".

(25b) A new Article 37 (3)(a) isinserted:Each Member State shall recogniseevidence of formal qualifications as adoctor issued in Spain to professionalswho began their university medicaltraining between 1st January 1986 and31 December 1997, accompanied by acertificate issued by the competentSpanish authorities.The certificate must show that the threefollowing conditions are met:(a) that the professional in questionhave successfully completed at leastthree years of study, certified by theSpanish competent authorities as beingequivalent to the training referred to inArticle 34;(b) that they have been effectively,lawfully and principally engaged in theactivities referred to in Article 36 inSpain for at least three consecutiveyears during the five years precedingthe award of the certificate;(c) that they are authorised to engage inor are effectively, lawfully andprincipally engaged in the activitiesreferred to in Article 36, under thesame conditions as the holders ofevidence of formal qualifications listedfor Spain in Annex V, point 5.3.2. ".

Article 38 The training of veterinary surgeons




108

GREEN


"The training of veterinary surgeons shallcomprise a total of at least five years offull-time theoretical and practical study,which may also be expressed with theequivalent ECTS credits, at a universityor at a higher institute providing trainingrecognized as being of an equivalentlevel, or under the supervision of auniversity, covering at least the studyprogramme referred to in Annex V, point5.4.1.

The Commission shall be empowered toadopt delegated acts in accordance withArticle 58a concerning the adaptations ofthe list in point 5.4.1. of Annex V with aview to adapting it to scientific andtechnical progress.".

The training of veterinary surgeons shallcomprise a total of at least five years offull-time theoretical and practical study,which may also be expressed as anadditional criterion with the equivalentECTS credits, at a university or at ahigher institute providing trainingrecognized as being of an equivalentlevel, or under the supervision of auniversity, covering at least the studyprogramme referred to in Annex V, point5.4.1.

(AM 109)


"The training of veterinary surgeons shallcomprise a total of at least five years offull-time theoretical and practical study,which may in addition be expressed withthe equivalent ECTS credits, at auniversity or at a higher instituteproviding training recognized as being ofan equivalent level, or under thesupervision of a university, covering atleast the study programme referred to inAnnex V, point 5.4.1.



"The training of veterinary surgeons shallcomprise a total of at least five years offull-time theoretical and practical study,which may in addition be expressed withthe equivalent ECTS credits, at auniversity or at a higher instituteproviding training recognized as being ofan equivalent level, or under thesupervision of a university, covering atleast the study programme referred to inAnnex V, point 5.4.1.


(aa) Paragraph 3 is replaced by thefollowing:

"3. Training as a veterinary surgeonshall provide an assurance that theperson in question has acquired thefollowing knowledge and skills:

(a) adequate knowledge of the scienceson which the activities of theveterinary surgeon are based;

(b) adequate knowledge of thestructure and functions of healthyanimals, of their husbandry,

(aa) Paragraph 3 is replaced by thefollowing:3. Training as a veterinary surgeonshall provide an assurance that theperson in question has acquired thefollowing knowledge and skills:(a) adequate knowledge of the scienceson which the activities of the veterinarysurgeon are based and of the EuropeanUnion legislation having an impact onthese activities;(b) adequate knowledge of thestructure, functions, behaviour andphysiological needs of animals, as well

(aa) Paragraph 3 is replaced by thefollowing:3. Training as a veterinary surgeonshall provide an assurance that theperson in question has acquired thefollowing knowledge and skills:(a) adequate knowledge of the scienceson which the activities of the veterinarysurgeon are based and of the EuropeanUnion legislation having an impact onthese activities;(b) adequate knowledge of thestructure, functions, behaviour andphysiological needs of animals, as well



109

reproduction and hygiene in general,as well as their feeding, including thetechnology involved in themanufacture and preservation of foodscorresponding to their needs;

(c) adequate knowledge of thebehaviour and protection of animals;

(d) adequate knowledge of the causes,nature, course, effects, diagnosis andtreatment of the diseases of animals,whether considered individually or ingroups, including a special knowledgeof the diseases which may betransmitted to humans;

(e) adequate knowledge of preventivemedicine;

(ea) the skills required for the collection,packaging, conservation and transportof samples, the performance of basiclaboratory tests and the interpretation ofthe test results;

(f) adequate knowledge of the hygieneand technology involved in theproduction, manufacture and puttinginto circulation of animal foodstuffs orfoodstuffs of animal origin intended forhuman consumption, providing theskills required to understand andexplain good farming hygiene practiceand take part in ante- and post-mortem health inspections;

(fa) knowledge of the general principlesof descriptive epidemiology, providingthe skills required to take part in anepidemiological investigation;

as the skills and competences neededfor their husbandry, feeding, welfare,reproduction and hygiene in general;(c) the clinical, epidemiological,analytical skills and competencesrequired for the prevention, diagnosisand treatment of the diseases ofanimals, including anaesthesia, asepticsurgery and painless death, whetherconsidered individually or in groups,including a special knowledge of thediseases which may be transmitted tohumans.(d) adequate knowledge, skills andcompetences for preventive medicine,including competences dealing withinquiries and certification;(e) adequate knowledge of the hygieneand technology involved in theproduction, manufacture and puttinginto circulation of animal foodstuffs orfoodstuffs of animal origin intended forhuman consumption, including theskills and competences required tounderstand and explain good practicesin this regard;(f) the knowledge, skills andcompetences required for theresponsible and sensible use ofveterinary medicinal products, in orderto treat the animals and to ensure thesafety of the food chain and theprotection of the environment;

as the skills and competences neededfor their husbandry, feeding, welfare,reproduction and hygiene in general;(c) the clinical, epidemiological,analytical skills and competencesrequired for the prevention, diagnosisand treatment of the diseases ofanimals, including anaesthesia, asepticsurgery and painless death, whetherconsidered individually or in groups,including a special knowledge of thediseases which may be transmitted tohumans.(d) adequate knowledge, skills andcompetences for preventive medicine,including competences dealing withinquiries and certification;(e) adequate knowledge of the hygieneand technology involved in theproduction, manufacture and puttinginto circulation of animal foodstuffs orfoodstuffs of animal origin intended forhuman consumption, including theskills and competences required tounderstand and explain good practicesin this regard;(f) the knowledge, skills andcompetences required for theresponsible and sensible use ofveterinary medicinal products, in orderto treat the animals and to ensure thesafety of the food chain and theprotection of the environment;



110

(fb) the skills required to take part inprogrammes for the prevention andcontrol of zoonotic, contagious,emerging and re-emerging diseases;

(fc) the skills required for responsibleand sensible use of veterinary productsintended for the prevention, treatment,control or eradication of agents harmfulto animals or of animal diseases, inorder to guard against the emergence ofa resistance to antibiotics or otherproducts, to ensure the safety of the foodchain and to protect the environmentand animal health;

(fd) knowledge of the health issuesinvolved in removing and processingcarcases and waste from health careactivities carrying a risk of infection andthe skills required to sterilise thenecessary equipment and carry outsurgical operations under appropriateaseptic conditions;

(fe) the skills required to certify thehealth status of individual animals orgroups of animals with respect todiseases, in accordance with ethical andprofessional standards;

(g) adequate knowledge of the laws,regulations and administrativeprovisions relating to the subjectslisted above;

(h) adequate clinical and otherpractical experience under appropriatesupervision.’

(AM 110)



111

(26a) The following Article is inserted:

"Article 38a

Veterinary specialisations

By ...*, the Commission shall examinewhether, in addition to medical anddental specialisations, veterinaryspecialisations should also fall withinthe scope of Directive 2005/36/EC,provided they are regulated in at leastone-third of the Member States, and, ifnecessary, put forward a legislativeproposal.”

OJ: please insert the date: two yearsafter the entry into force of thisDirective. (AM 111)



(a) the adequacy of knowledge ofthe sciences, as referred to in point (a) ofparagraph 3, and the necessarycompetences following from such degreeof knowledge in line with scientific andtechnological progress;

(b) the adequacy of knowledge ofthe structure and functions of healthyanimals, as set out in point (b) ofparagraph 3, and the necessarycompetences such degree of knowledgeentails in line with scientific and











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technological progress;

(c) the adequacy of knowledge ofbehaviour, protection and diseases ofanimals, as set out in points (c) and (d) ofparagraph 3, and the necessarycompetences such degree of knowledgeentails in line with scientific andtechnological progress;

(d) the adequacy of knowledge ofpreventive medicine, as referred to inpoint (e) of paragraph 3, and thenecessary competences such degree ofknowledge entails in line with scientificand technological progress;

(e) the adequacy of knowledge ofthe items set out in point (f) of paragraph3, and the necessary competences suchdegree of knowledge entails in line withscientific and technological progress;

(f) the adequacy of knowledge ofclinical and other practical experience asreferred to in point (h) of paragraph 3 andthe necessary competences such degree ofknowledge should entail in line withrecent educational developments.".





(f) the adequacy of knowledge ofclinical and other practical experience asreferred to in point (h) of paragraph 3 andthe necessary competences such degree ofknowledge should entail in line withrecent educational developments.".





(f) the adequacy of knowledge ofclinical and other practical experience asreferred to in point (h) of paragraph 3 andthe necessary competences such degree ofknowledge should entail in line withrecent educational developments."

Article 40 The training of midwives



"The Commission shall be empowered to







113

adopt delegated acts in accordance withArticle 58a concerning the amendment ofthe list in point 5.5.1. of Annex V with aview to adapting it to the educational,scientific and technical progress.".




"2. Access to training as a midwifeshall be contingent upon one of thefollowing conditions:

(a) completion of at least 12 years ofgeneral school education or a certificateattesting success in an examination, of anequivalent level, for admission to amidwifery school for route I;

(b) possession of evidence of formalqualifications as a nurse responsible forgeneral care referred to in point 5.2.2. ofAnnex V for route II.".










“3. Training as a midwife shall providean assurance that the person inquestion has acquired the followingknowledge and skills:

(a) detailed knowledge of the scienceson which the activities of midwives arebased, particularly midwifery,obstetrics and gynaecology;

(b) adequate knowledge of the ethics ofthe profession and the professional


“3. Training as a midwife shall providean assurance that the person inquestion has acquired the followingknowledge and skills:

(a) detailed knowledge of the scienceson which the activities of midwives arebased, particularly midwifery,obstetrics and gynaecology;

(b) adequate knowledge of the ethics ofthe profession and the professional



114

legislation;

(c) adequate knowledge of generalmedical knowledge (biologicalfunctions, anatomy and physiology) inthe field of obstetrics and of the newlyborn, and also a knowledge of therelationship between the state of healthand the physical and socialenvironment of the human being, andof his behaviour;

(d) adequate clinical experience gainedin approved institutions allowing themidwife to be able independently andin her own responsibility, to the extentnecessary and besides a pathologicalsituation, to manage the antenatal care,to conduct the delivery and itsconsequences in approved institutions,and to supervise labour and birth,postnatal care and neonatalresuscitation while awaiting a medicalpractitioner;

(e) adequate understanding of thetraining of health personnel andexperience of working with such.”

legislation;

(c) adequate knowledge of generalmedical knowledge (biologicalfunctions, anatomy and physiology) andof pharmacology in the field ofobstetrics and of the newly born, andalso a knowledge of the relationshipbetween the state of health and thephysical and social environment of thehuman being, and of his behaviour;

(d) adequate clinical experience gainedin approved institutions allowing themidwife to be able independently andin her own responsibility, to the extentnecessary and besides a pathologicalsituation, to manage the antenatal care,to conduct the delivery and itsconsequences in approved institutions,and to supervise labour and birth,postnatal care and neonatalresuscitation while awaiting a medicalpractitioner;

(e) adequate understanding of thetraining of health personnel andexperience of working with such.”



(a) the adequacy of knowledge ofthe sciences on which the activities of









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midwives are based, as set out in point (a)of paragraph 3 and the necessarycompetences such degree of knowledgeentails in line with scientific andtechnological progress;

(b) the degree of knowledge of theitems set out in point (c) of paragraph 3and the necessary competences suchdegree of knowledge entails in line withscientific and technological progress;

(c) the adequacy of clinicalexperience, as referred to in point (d) ofparagraph 3, and the necessarycompetences such degree of knowledgeentails in line with recent educationalreforms as well as scientific andtechnological progress;

(d) the adequacy of understanding ofthe training of health personnel andexperience of working with such, asreferred to in point (e) of paragraph 3 andthe necessary competences such degree ofunderstanding entails in line with recenteducational reforms as well as scientificand technological progress.".









Article 41 Procedures for the recognition of evidence of formal qualifications as a midwife




"1. The evidence of formal qualificationsas a midwife referred to in Annex V,point 5.5.2 shall be subject to automatic

"1. The evidence of formalqualifications as a midwife referred to inAnnex V, point 5.5.2 shall be subject to

"1. The evidence of formalqualifications as a midwife referred to inAnnex V, point 5.5.2 shall be subject to



116

recognition pursuant to Article 21 in sofar as they satisfy one of the followingcriteria:

(a) full-time training of at least threeyears as a midwife;

(b) full-time training as a midwife of atleast two years consisting of at least 3600 hours, contingent upon possession ofevidence of formal qualifications as anurse responsible for general carereferred to in Annex V, point 5.2.2;

(c) full-time training as a midwife of atleast 18 months consisting of at least 3000 hours, contingent upon possession ofevidence of formal qualifications as anurse responsible for general care referredto in Annex V, point 5.2.2 and followedby one year's professional practice forwhich a certificate has been issued inaccordance with paragraph 2.".

(a) full-time training of at least three yearsas a midwife, which may, as acomplement, be expressed with theequivalent ECTS credits, consisting of atleast 4500 hours of theoretical andpractical training, with at least one-thirdof those hours being spent in directclinical practice.;

(b) full-time training as a midwife of atleast two years which may, as acomplement, be expressed with theequivalent ECTS credits, consisting of atleast 3 600 hours, contingent uponpossession of evidence of formalqualifications as a nurse responsible forgeneral care referred to in Annex V, point5.2.2;

(c) full-time training as a midwife of atleast 18 months which may, as acomplement, be expressed with theequivalent ECTS credits, consisting of atleast 3 000 hours, contingent uponpossession of evidence of formalqualifications as a nurse responsible forgeneral care referred to in Annex V, point5.2.2 and followed by one year'sprofessional practice for which acertificate has been issued in accordancewith paragraph 2.

(AM 112)

automatic recognition pursuant to Article21 in so far as they satisfy one of thefollowing criteria:

(a) full-time training of at least threeyears as a midwife, which may inaddition be expressed with theequivalent ECTS credits, consisting ofat least 4600 hours of theoretical andpractical training, with at least onethird of the minimum durationrepresenting clinical training;

(b) full-time training as a midwife ofat least two years, which may in additionbe expressed with the equivalent ECTScredits, consisting of at least 3 600 hours,contingent upon possession of evidence offormal qualifications as a nurseresponsible for general care referred to inAnnex V, point 5.2.2;

(c) full-time training as a midwife ofat least 18 months, which may inaddition be expressed with theequivalent ECTS credits , consisting ofat least 3 000 hours, contingent uponpossession of evidence of formalqualifications as a nurse responsible forgeneral care referred to in Annex V, point5.2.2 and followed by one year'sprofessional practice for which acertificate has been issued in accordancewith paragraph 2.".

automatic recognition pursuant to Article21 in so far as they satisfy one of thefollowing criteria:

(a) full-time training of at least threeyears as a midwife, which may inaddition be expressed with theequivalent ECTS credits, consisting ofat least 4600 hours of theoretical andpractical training, with at least onethird of the minimum durationrepresenting clinical training;

(b) full-time training as a midwife ofat least two years, which may in additionbe expressed with the equivalent ECTScredits, consisting of at least 3 600 hours,contingent upon possession of evidence offormal qualifications as a nurseresponsible for general care referred to inAnnex V, point 5.2.2;

(c) full-time training as a midwife ofat least 18 months, which may inaddition be expressed with theequivalent ECTS credits , consisting ofat least 3 000 hours, contingent uponpossession of evidence of formalqualifications as a nurse responsible forgeneral care referred to in Annex V, point5.2.2 and followed by one year'sprofessional practice for which acertificate has been issued in accordancewith paragraph 2.".



117

Article 42 Pursuit of the professional activities of a midwife

(28a) Article 42 is replaced by thefollowing:"Article 42Pursuit of professional midwife activities1. The provisions of this section shallapply to the autonomous activities ofmidwives as defined by each MemberState, without prejudice to paragraph2, and pursued under the professionaltitles set out in Annex V, point 5.5.2.2. The Member States shall ensure thatmidwives are able to gain access to andpursue at least the following activities:(a) provision of sound information andadvice on female reproductive health,including family planning;(b) diagnosis of pregnancies, assessingand monitoring normal pregnancies,carrying out the necessaryexaminations;(c) advising or prescribing on theexaminations necessary for the earliestpossible identification of pregnancies atrisk;(d) establishing comprehensiveparenthood and childbirth preparationprogrammes;(e) caring for and assisting the motherduring labour and immediately afterbirth and monitoring the condition ofthe foetus in utero by the appropriateclinical and technical means;(f) conducting spontaneous deliveriesincluding where required episiotomies,suturing and breech deliveries;(g) recognising the warning signs ofabnormality in the mother or infant



118

which necessitate referral to a specialisthealth professional and assisting thelatter where appropriate; taking thenecessary emergency measures in thedoctor's absence, in particular themanual removal of the placenta,possibly followed by manualexamination of the uterus;(h) examining and caring for the new-born infant; taking all initiatives whichare necessary in case of need andcarrying out where necessaryimmediate resuscitation;(i) caring for and monitoring theprogress of the mother in the post-natalperiod and giving all necessary adviceto the mother on infant care to enableher to ensure the optimum progress ofthe new-born infant;(j) carrying out treatment prescribedby doctors and prescribing themedicines necessary as part of theexercise of the midwife profession;(k) drawing up the necessary clinicaland legal documents."(AM 113)

Article 43 Acquired rights specific to midwives

(29) In Article 43, the followingparagraph 1a is inserted:

(29) In Article 43 is amended asfollows:


"1a. As regards evidence of formalqualifications of midwives, MemberStates shall recognize automatically thosequalifications where the applicant startedthe training before [insert date – entryinto force of the amended Directive], andthe admission requirements for such

(a) , tThe following paragraph 1ais inserted:

"1a. As regards evidence of formalqualifications of midwives, MemberStates shall recognize automatically thosequalifications where the applicant started

(a) , tThe following paragraph 1ais inserted:

"1a. As regards evidence of formalqualifications of midwives, MemberStates shall recognize automatically thosequalifications where the applicant started



119

training was ten years or equivalent levelof general education for route I, orcompleted a general care nurse trainingwith 10 years or equivalent admissionrequirement before starting a midwiferytraining falling under route II.".

the training before [insert date – end oftransposition period as referred to inArticle 3 (1) of the amended thisDirective], and the admission requirementfor such training was ten years orequivalent level of general education forroute I, or a completed general care nursetraining as attested by an evidence offormal qualification referred to in point5.2.2. of Annex V before starting amidwifery training falling under routeII.".

the training before [insert date – end oftransposition period as referred to inArticle 3 (1) of the amended thisDirective], and the admission requirementfor such training was ten years orequivalent level of general education forroute I, or a completed general care nursetraining as attested by an evidence offormal qualification referred to in point5.2.2. of Annex V before starting amidwifery training falling under routeII.".

(29a) In Article 43, paragraph 3 isdeleted;

(AM 114)

(29a) In Article 43, paragraph 3 isdeleted;

(29b) Article 43(4) is replaced by thefollowing:

"4. Member States shall recogniseevidence of formal qualifications inmidwifery awarded in Poland, tomidwives who completed trainingbefore 1 May 2004, which did notcomply with the minimum trainingrequirements laid down in Article 40,attested by the diploma 'bachelor'which has been obtained on the basis ofa special upgrading programmecontained in Article 11 of the Act of 20April 2004 on the amendment of theAct on professions of nurse andmidwife and on some other legal acts(Official Journal of the Republic ofPoland of 30 April 2004 No 92, pos.885), and the Regulation of the Minister


"4. Member States shall recogniseevidence of formal qualifications inmidwifery awarded in Poland, tomidwives who completed training before1 May 2004, which did not comply withthe minimum training requirements laiddown in Article 40, attested by thediploma 'bachelor' which has beenobtained on the basis of a specialupgrading programme contained inArticle 11 of the Act of 20 April 2004 onthe amendment of the Act on professionsof nurse and midwife and on some otherlegal acts (Official Journal of theRepublic of Poland of 30 April 2004 No92, pos. 885), and the Regulation of theMinister of Health of 11 May 2004 on the

(29b) Article 43(4) is replaced by thefollowing:

"4. Member States shall recogniseevidence of formal qualifications inmidwifery awarded in Poland, tomidwives who completed trainingbefore 1 May 2004, which did notcomply with the minimum trainingrequirements laid down in Article 40,attested by the diploma 'bachelor'which has been obtained on the basis ofa special upgrading programmecontained in Article 11 of the Act of 20April 2004 on the amendment of theAct on professions of nurse andmidwife and on some other legal acts(Official Journal of the Republic ofPoland of 30 April 2004 No 92, pos.885), and the Regulation of the Minister



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of Health of 11 May 2004 on thedetailed conditions of delivering studiesfor nurses and midwives, who hold acertificate of secondary school (finalexamination — matura) and aregraduates of medical lyceum andmedical vocational schools teaching in aprofession of a nurse and a midwife(Official Journal of the Republic ofPoland of 13 May 2004 No 110, pos.1170, with further amendments),replaced by Article 55.2 of the Act of 15July 2011 on professions of nurse andmidwife (Official Journal of theRepublic of Poland of 23 August 2011No 174, pos. 1039), and the Regulationof the Minister of Health of 14 June2012 on the detailed conditions ofdelivering higher education courses fornurses and midwives who hold acertificate of secondary school (finalexamination – matura) and aregraduates of a medical secondary schoolor a post-secondary school teaching in aprofession of a nurse and a midwife(Official Journal of the Republic ofPoland of 6 July 2012, pos. 770), withthe aim of verifying that the personconcerned has a level of knowledge andcompetence comparable to that ofmidwives holding the qualificationswhich, in the case of Poland, aredefined in Annex V, point 5.5.2." (AM115)

detailed conditions of delivering studiesfor nurses and midwives, who hold acertificate of secondary school (finalexamination — matura) and are graduatesof medical lyceum and medical vocationalschools teaching in a profession of a nurseand a midwife (Official Journal of theRepublic of Poland of 13 May 2004 No110, pos. 1170, with furtheramendments), replaced by Article 55.2of the Act of 15 July 2011 onprofessions of nurse and midwife(Official Journal of the Republic ofPoland of 23 August 2011 No 174, pos.1039), and the Regulation of theMinister of Health of 14 June 2012 onthe detailed conditions of deliveringhigher education courses for nurses andmidwives who hold a certificate ofsecondary school (final examination –matura) and are graduates of a medicalsecondary school or a post-secondaryschool teaching in a profession of anurse and a midwife (Official Journalof the Republic of Poland of 6 July2012, pos. 770), with the aim of verifyingthat the professional concerned has alevel of knowledge and competencecomparable to that of midwives holdingthe qualifications which, in the case ofPoland, are defined in Annex V, point5.5.2.".

of Health of 11 May 2004 on thedetailed conditions of delivering studiesfor nurses and midwives, who hold acertificate of secondary school (finalexamination — matura) and aregraduates of medical lyceum andmedical vocational schools teaching in aprofession of a nurse and a midwife(Official Journal of the Republic ofPoland of 13 May 2004 No 110, pos.1170, with further amendments),replaced by Article 55.2 of the Act of 15July 2011 on professions of nurse andmidwife (Official Journal of theRepublic of Poland of 23 August 2011No 174, pos. 1039), and the Regulationof the Minister of Health of 14 June2012 on the detailed conditions ofdelivering higher education courses fornurses and midwives who hold acertificate of secondary school (finalexamination – matura) and aregraduates of a medical secondary schoolor a post-secondary school teaching in aprofession of a nurse and a midwife(Official Journal of the Republic ofPoland of 6 July 2012, pos. 770), withthe aim of verifying that theprofessional concerned has a level ofknowledge and competence comparableto that of midwives holding thequalifications which, in the case ofPoland, are defined in Annex V, point5.5.2"

Article 44 Training as a pharmacist



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"2. Evidence of formal qualifications as apharmacist shall attest to training of atleast five years' duration, which may alsobe expressed with the equivalent ECTScredits, including at least:

(a) four years of full-time theoretical andpractical training at a university or at ahigher institute of a level recognised asequivalent, or under the supervision of auniversity;

Evidence of formal qualifications as apharmacist shall attest to training of atleast five years' duration, which may alsobe expressed as an additional criterionwith the equivalent ECTS credits,including at least:

(AM 116)


"2. Evidence of formal qualificationsas a pharmacist shall attest to training ofat least five years' duration, which may inaddition be expressed with the equivalentECTS credits, including at least:

(a) four years of full-time theoreticaland practical training at a university or ata higher institute of a level recognised asequivalent, or under the supervision of auniversity;


"2. Evidence of formal qualificationsas a pharmacist shall attest to training ofat least five years' duration, which may inaddition be expressed with the equivalentECTS credits, including at least:

(a) four years of full-time theoreticaland practical training at a university or ata higher institute of a level recognised asequivalent, or under the supervision of auniversity;

(b) at the end of the theoretical andpractical training, a six-month traineeshipin a pharmacy which is open to the publicor in a hospital under the supervision ofthat hospital's pharmaceutical department.

The training cycle referred to in thisparagraph shall include at least theprogramme described in point 5.6.1 ofAnnex V. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe amendment of the list in point 5.6.1 ofAnnex V with a view to adapting it toscientific and technical progress.

The amendments referred to in the secondsubparagraph must not entail, for anyMember State, any amendment of existinglegislative principles relating to the

(b) during or at the end of the theoreticaland practical training, a six-monthtraineeship in a pharmacy which is opento the public or in a hospital under thesupervision of that hospital'spharmaceutical department.

(b) at the end of the theoretical andpractical training a six-month traineeshipin a pharmacy which is open to the publicor in a hospital under the supervision ofthat hospital's pharmaceutical department.

The training cycle referred to in thisparagraph shall include at least theprogramme described in point 5.6.1 ofAnnex V. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe amendment of the list in point 5.6.1 ofAnnex V with a view to adapting it toscientific and technical progress,including the evolution ofpharmacological practice.

The amendments referred to in the secondsubparagraph must shall not entail, for

(b) during or at the end of the theoreticaland practical training, six-monthtraineeship in a pharmacy which is opento the public or in a hospital under thesupervision of that hospital'spharmaceutical department.

The training cycle referred to in thisparagraph shall include at least theprogramme described in point 5.6.1 ofAnnex V. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe amendment of the list in point 5.6.1 ofAnnex V with a view to adapting it toscientific and technical progress,including the evolution ofpharmacological practice.

Such updates shall not entail an



122

structure of professions as regards trainingand the conditions of access by naturalpersons.".

any Member State, any amendment ofexisting legislative principles relating tothe structure of professions as regardstraining and the conditions of access bynatural persons nor a change to theorganisation of education in MemberStates.".

amendment of existing essentiallegislative principles in Member Statesregarding the structure of professionsas regards training and conditions ofaccess by natural persons. Suchupdates shall respect the responsibilityof the Member States for theorganisation of education systems, asreferred to in Article 165(1) TFEU.



(a) the adequacy of knowledge ofmedicines and the substances used in themanufacture of medicines, as set out inpoint (a) of paragraph 3, and thenecessary competences such degree ofknowledge entails in line with scientificand technological progress;

(b) the adequacy of knowledge ofthe items set out in point (b) of paragraph3, and the necessary competences suchdegree of knowledge entails in line withscientific and technological progress;

(c) the adequacy of knowledge ofthe items set out in point (c) of paragraph3, and the necessary competences suchdegree of knowledge entails in line withscientific and technological progress;

(d) the adequacy of knowledge toevaluate scientific data, as referred to inpoint (d) of paragraph 3, and the















123

necessary competences such degree ofknowledge entails in line with scientificand technological progress.".

necessary competences such degree ofknowledge entails in line with scientificand technological progress.".

necessary competences such degree ofknowledge entails in line with scientificand technological progress."

Article 45 Pursuit of the professional activities of a pharmacist

(31) In paragraph 2 of Article 45, thefollowing point (h) is added:

"(h) report the adverse reactions ofpharmaceutical products to the competentauthorities.".

(31) Article 45(2) is replaced by thefollowing:"2. The Member States shall ensurethat the holders of evidence of formalqualifications in pharmacy atuniversity level or a level deemed to beequivalent, which satisfies theprovisions of Article 44, are able to gainaccess to and pursue at least thefollowing activities, subject to therequirement, where appropriate, ofsupplementary professional experience:(a) preparation of the pharmaceuticalform of medicinal products;(b) manufacture and testing ofmedicinal products;(c) testing of medicinal products in alaboratory for the testing of medicinalproducts;(d) storage, preservation anddistribution of medicinal products atthe wholesale stage;(e) supply, preparation, testing, storageand distribution of safe and high-qualitymedicinal products in pharmacies opento the public;(f) preparation, testing, storage anddispensing of medicinal products inhospitals;(g) monitoring of medicinal treatmentsand provision of information andadvice on medicinal products and

(31) In paragraph 2 of Article 45, thefollowing point (h) is addedParagraph 2 of Article 45 isreplaced by the following:


“2. The Member States shallensure that the holders of evidence offormal qualifications in pharmacy atuniversity level or a level deemed to beequivalent, which satisfies theprovisions of Article 44, are able to gainaccess to and pursue at least thefollowing activities, subject to therequirement, where appropriate, ofsupplementary professional experience:

(a) preparation of thepharmaceutical form of medicinalproducts;

(b) manufacture and testing ofmedicinal products;

(c) testing of medicinal productsin a laboratory for the testing ofmedicinal products;

(31) In paragraph 2 of Article 45, thefollowing point (h) is addedParagraph 2 of Article 45 isreplaced by the following:


“2. The Member States shallensure that the holders of evidence offormal qualifications in pharmacy atuniversity level or a level deemed to beequivalent, which satisfies theprovisions of Article 44, are able to gainaccess to and pursue at least thefollowing activities, subject to therequirement, where appropriate, ofsupplementary professional experience:

(a) preparation of thepharmaceutical form of medicinalproducts;

(b) manufacture and testing ofmedicinal products;

(c) testing of medicinal productsin a laboratory for the testing ofmedicinal products;



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health-related issues, in cooperation withmedical practitioners;

(h) reporting of adverse reactions ofpharmaceutical products to the competentauthorities;(ha) personalised support for patientswho administer their own medication;(hb) contribution to institutional publichealth campaigns."

(d) storage, preservation anddistribution of medicinal products atthe wholesale stage;

(e) supply, preparation, testing,storage, distribution and dispensingof safe and efficacious medicinalproducts of the required quality inpharmacies open to the public;

(f) preparation, testing, storageand dispensing of safe and efficaciousmedicinal products of the requiredquality in hospitals;

(g) provision of information andadvice on medicinal products as such,including on their appropriate use;

(h) reporting of adverse reactionsof pharmaceutical products to thecompetent authorities;(i) personalised support forpatients who administer theirmedication;(j) contribution to local ornational public health campaigns."

(d) storage, preservation anddistribution of medicinal products atthe wholesale stage;

(e) supply, preparation, testing,storage, distribution and dispensingof safe and efficacious medicinalproducts of the required quality inpharmacies open to the public;

(f) preparation, testing, storageand dispensing of safe and efficaciousmedicinal products of the requiredquality in hospitals;

(g) provision of information andadvice on medicinal products as such,including on their appropriate use;

(h) reporting of adverse reactionsof pharmaceutical products to thecompetent authorities;(i) personalised support forpatients who administer theirmedication;(j) contribution to local ornational public health campaigns."

Article 46 Training of architects




"Article 46

Training of architects

"Article 46


"Article 46




125

1. The duration of the training as anarchitect must be at least six years whichmay also be expressed with theequivalent ECTS credits. The training ina Member State shall comprise any ofthe following:

(a) at least four years of full-time study ata university or comparable teachinginstitution leading to successfulcompletion of a university-levelexamination and at least two years ofremunerated traineeship;

(b) at least five years of full-time study ata university or comparable teachinginstitution leading to successfulcompletion of a university-levelexamination and at least one year ofremunerated traineeship."

1. Training as an architect shallcomprise:

(a) a total of at least five years of full-time study at a university or a comparableteaching institution. It must lead tosuccessful completion of a university-level examination, or

(b) not less than four years of full-timestudy at a university or a comparableteaching institution leading to successfulcompletion of a university-levelexamination accompanied by acertificate attesting to the completion oftwo years of traineeship in accordancewith paragraph 5.


(a) a total of at least five years offull-time study at a university or acomparable teaching institution. Itmust lead to successful completion of auniversity-level examination, or Theduration of the training as an architectmust be at least six years which may alsobe expressed with the equivalent ECTScredits. The training in a Member Stateshall comprise any of the following:

(a) at least four years of full-timestudy, at a university or comparableteaching institution leading to successfulcompletion of a university-levelexamination and at least two years ofremunerated traineeship;

(b) at least five years of full-timestudy, at a university or comparableteaching institution leading to successfulcompletion of a university-levelexamination and at least one year ofremunerated traineeship."

(b) 2. no less than four years offull-time study at a university or acomparable teaching institution leadingto successful completion of a university-level examination accompanied by acertificate attesting to the completion oftwo years of professional traineeship inaccordance with paragraph 5


(a) a total of at least five years offull-time study at a university or acomparable teaching institution. Itmust lead to successful completion of auniversity-level examination, or Theduration of the training as an architectmust be at least six years which may alsobe expressed with the equivalent ECTScredits. The training in a Member Stateshall comprise any of the following:

(a) at least four years of full-timestudy, at a university or comparableteaching institution leading to successfulcompletion of a university-levelexamination and at least two years ofremunerated traineeship;

(b) at least five years of full-timestudy, at a university or comparableteaching institution leading to successfulcompletion of a university-levelexamination and at least one year ofremunerated traineeship."

(b) 2. no less than four years offull-time study at a university or acomparable teaching institution leadingto successful completion of a university-level examination accompanied by acertificate attesting to the completion oftwo years of professional traineeship inaccordance with paragraph 5



126

3. The number of years ofacademic study referred to inparagraphs 1 and 2 may in addition beexpressed with the equivalent ECTScredits.

3. The number of years ofacademic study referred to inparagraphs 1 and 2 may in addition beexpressed with the equivalent ECTScredits.

2. The study, which must be at universitylevel, and of which architecture is theprincipal component, must maintain abalance between theoretical and practicalaspects of architectural training andguarantee the acquisition of the followingknowledge, skills and competences:

(a) ability to create architectural designsthat satisfy both aesthetic and technicalrequirements;

(b) adequate knowledge of the historyand theories of architecture and therelated arts, technologies and humansciences;

(c) knowledge of the fine arts as aninfluence on the quality of architecturaldesign;

(d) adequate knowledge of urban design,planning and the skills involved in theplanning process;

(e) understanding of the relationshipbetween people and buildings, andbetween buildings and their environment,and of the need to relate buildings and thespaces between them to human needs andscale;

(f) understanding of the profession ofarchitecture and the role of the architect

4. Architecture must be theprincipal component of the studyreferred to in paragraphs 1 and 2.which must be at university level, and ofwhich architecture is the principalcomponent The study shall mustmaintain a balance between theoreticaland practical aspects of architecturaltraining and shall at least guarantee theacquisition of the following knowledge,skills and competences:

(a) ability to create architecturaldesigns that satisfy both aesthetic andtechnical requirements;

(b) adequate knowledge of thehistory and theories of architecture andthe related arts, technologies and humansciences;


(d) adequate knowledge of urbandesign, planning and the skills involved inthe planning process;

(e) understanding of the relationshipbetween people and buildings, andbetween buildings and their environment,and of the need to relate buildings and thespaces between them to human needs and

4. Architecture must be theprincipal component of the studyreferred to in paragraphs 1 and 2.which must be at university level, and ofwhich architecture is the principalcomponent The study shall mustmaintain a balance between theoreticaland practical aspects of architecturaltraining and shall at least guarantee theacquisition of the following knowledge,skills and competences:

(a) ability to create architecturaldesigns that satisfy both aesthetic andtechnical requirements;

(b) adequate knowledge of thehistory and theories of architecture andthe related arts, technologies and humansciences;


(d) adequate knowledge of urbandesign, planning and the skills involved inthe planning process;

(e) understanding of the relationshipbetween people and buildings, andbetween buildings and their environment,and of the need to relate buildings and thespaces between them to human needs and



127

in society, in particular in preparing briefsthat take account of social factors;

(g) understanding of the methods ofinvestigation and preparation of the brieffor a design project;

(h) understanding of the structural design,constructional and engineering problemsassociated with building design;

(i) adequate knowledge of physicalproblems and technologies and of thefunction of buildings so as to providethem with internal conditions of comfortand protection against the climate;

(j) the necessary design skills to meetbuilding users' requirements within theconstraints imposed by cost factors andbuilding regulations;

(k) adequate knowledge of the industries,organisations, regulations and proceduresinvolved in translating design conceptsinto buildings and integrating plans intooverall planning.

scale;

(f) understanding of the professionof architecture and the role of the architectin society, in particular in preparing briefsthat take account of social factors;


(h) understanding of the structuraldesign, constructional and engineeringproblems associated with building design;

(i) adequate knowledge of physicalproblems and technologies and of thefunction of buildings so as to providethem with internal conditions of comfortand protection against the climate, in theframework of sustainable development;

(j) the necessary design skills tomeet building users' requirements withinthe constraints imposed by cost factorsand building regulations;

(k) adequate knowledge of theindustries, organisations, regulations andprocedures involved in translating designconcepts into buildings and integratingplans into overall planning.

scale;

(f) understanding of the professionof architecture and the role of the architectin society, in particular in preparing briefsthat take account of social factors;


(h) understanding of the structuraldesign, constructional and engineeringproblems associated with building design;

(i) adequate knowledge of physicalproblems and technologies and of thefunction of buildings so as to providethem with internal conditions of comfortand protection against the climate, in theframework of sustainable development;

(j) the necessary design skills tomeet building users' requirements withinthe constraints imposed by cost factorsand building regulations;

(k) adequate knowledge of theindustries, organisations, regulations andprocedures involved in translating designconcepts into buildings and integratingplans into overall planning.

3. The remunerated traineeship must becarried out in a Member State, under thesupervision of a person providingadequate guarantees regarding theirability to provide practical training. Itmust be undertaken after the completionof the study referred to in paragraph 1.The completion of the remunerated

3. The traineeship must be carried out in aMember State, under the supervision ofan architect or a person or body approvedfor that purpose by a competentauthority which has adequately checkedtheir ability to provide practical training.The completion of the traineeship must beattested to in a certificate issued by a

5. The professional traineeship referredto in paragraph 1(b) remuneratedtraineeship shall must take place nosooner than after the completion of thefirst three years of the study. At leastone year of the professional traineeshipshall build upon knowledge, skills andcompetences acquired during the study

5. The professional traineeship referredto in paragraph 1(b) remuneratedtraineeship shall must take place nosooner than after the completion of thefirst three years of the study. At leastone year of the professional traineeshipshall build upon knowledge, skills andcompetences acquired during the study



128

traineeship must be attested to in acertificate accompanying the evidence offormal qualifications.

competent authority and accompanyingthe official evidence of formalqualifications.

in accordance with paragraph 4. Tothis end, the professional traineeshipshall be carried out in a Member State,under the supervision of a person or abody that has been authorised by thecompetent authority in the homeMember State. Such supervisedtraineeship may take place in any State.The professional traineeship shall beevaluated by the competent authority inthe home Member State. pers onproviding adequate guarantees regardingtheir ability to provide practical training.It must be undertaken after the completionof the study referred to in paragraph 1.The completion of the remuneratedtraineeship must be attested to in acertificate accompanying the evidence offormal qualifications

in accordance with paragraph 4. Tothis end, the professional traineeshipshall be carried out in a Member State,under the supervision of a person or abody that has been authorised by thecompetent authority in the homeMember State. Such supervisedtraineeship may take place in any State.The professional traineeship shall beevaluated by the competent authority inthe home Member State.

4. The Commission shall be empoweredto adopt delegated acts in accordancewith Article 58a to specify:

(a) the adequacy of knowledge ofitems as set out in point (i) of paragraph2, and the necessary competences suchdegree of knowledge entails in line withtechnical progress and recent educationaldevelopments;

(b) the need for design skills asreferred to in point (j) of paragraph 2, andthe necessary competences such degree ofskills entails in line with technicalprogress and recent educationaldevelopments.".



(b) the need for design skills asreferred to in point (j) of paragraph 2, andthe necessary competences such degree ofskills entails in line with technicalprogress and recent educationaldevelopments.".



(b) the need for design skills asreferred to in point (j) of paragraph 2, andthe necessary competences such degree ofskills entails in line with technicalprogress and recent educationaldevelopments."

Article 47 Derogations from the conditions for the training of architects



129




"Article 47

Derogations from the conditions for thetraining of architects

"Article 47


"Article 47


By way of derogation from Article 46,the following shall also be recognised assatisfying Article 21: training as part ofsocial betterment schemes or part-timeuniversity studies which satisfies therequirements referred to in Article 46, asattested by an examination in architecturepassed by a person who has been workingfor seven years or more in the field ofarchitecture under the supervision of anarchitect or architectural bureau. Theexamination must be of university leveland be equivalent to the final examinationreferred to in the first subparagraph ofArticle 46(1).".

By way of derogation from Article 46, thefollowing shall also be recognised assatisfying Article 21: training as part ofsocial betterment schemes or part-timeuniversity studies which satisfies therequirements referred to in Article 46, asattested by an examination in architecturepassed by a person who has been workingfor seven years or more in the field ofarchitecture under the supervision of anarchitect or architectural bureau. Theexamination must be of university leveland be equivalent to the final examinationreferred to in the first subparagraph ofArticle 46(1).".

By way of derogation from Article 46, thefollowing shall also be recognised assatisfying Article 21: training as part ofsocial betterment schemes or part-timeuniversity studies which satisfies therequirements referred to in Article 46, asattested by an examination in architecturepassed by a person who has been workingfor seven years or more in the field ofarchitecture under the supervision of anarchitect or architectural bureau. Theexamination must be of university leveland be equivalent to the final examinationreferred to in the first subparagraph ofArticle 46(1).".

Article 49 Acquired rights specific to architects

(34) In Article 49, the followingparagraph 1a is inserted

(34) In Article 49, the followingparagraphs 1a and 3 are is inserted:

"1a. Paragraph 1 shall also apply toevidence of formal qualifications as anarchitect listed in Annex V, where thetraining started before [insert the date –two years after the date set out in firstsubparagraph of paragraph 1 of Article3].".

"1a. Paragraph 1 shall also apply toevidence of formal qualifications as anarchitect listed in Annex V, where thetraining started before [insert the date –two years after the date set out in firstsubparagraph of paragraph 1 of Article3].

"1a. Paragraph 1 shall also apply toevidence of formal qualifications as anarchitect listed in Annex V, where thetraining started before [insert the date –two years after the date set out in firstsubparagraph of paragraph 1 of Article3].".



130

3. Each Member State shall give thesame effect on its territory as evidenceof formal qualifications it itself issuesfor the purposes of access to andpursuit of the professional activities ofan architect to the following: evidenceof completion of training existing as of5 August 1985 and commenced no laterthan [date of entry into force of theDirective], provided by'Fachhochschulen' in the FederalRepublic of Germany over a period ofthree years, satisfying the requirementsreferred to in Article [46 paragraph 4]and giving access to the activitiesreferred to in Article 48 in thatMember State under the professionaltitle of 'architect', in so far as thetraining was followed by a four-yearperiod of professional experience in theFederal Republic of Germany, asattested by a certificate issued by thecompetent authority in whose roll thename of the architect wishing to benefitfrom the provisions of this Directiveappears.".

3. Each Member State shall give thesame effect on its territory as evidenceof formal qualifications it itself issuesfor the purposes of access to andpursuit of the professional activities ofan architect to the following: evidenceof completion of training existing as of5 August 1985 and commenced no laterthan [date of entry into force of theDirective], provided by'Fachhochschulen' in the FederalRepublic of Germany over a period ofthree years, satisfying the requirementsreferred to in Article [46 paragraph 4]and giving access to the activitiesreferred to in Article 48 in thatMember State under the professionaltitle of 'architect', in so far as thetraining was followed by a four-yearperiod of professional experience in theFederal Republic of Germany, asattested by a certificate issued by thecompetent authority in whose roll thename of the architect wishing to benefitfrom the provisions of this Directiveappears.".

Article 49a Common Training Framework

(35) In Title III, the following ChapterIIIA is inserted:

"Chapter IIIA

Automatic recognition on the basis ofcommon training principles

(35) In Title III, the followingChapter IIIA is inserted:

"Chapter IIIA


(35) In Title III, the followingChapter IIIA is inserted:

"Chapter IIIA




131

Article 49a

Common training framework

Article 49a


Article 49a


1. For the purpose of this Article,'common training framework' shall meana common set of knowledge, skills andcompetences necessary for the pursuit ofa specific profession. For the purpose ofaccess to and pursuit of such profession, aMember State shall give evidence ofqualifications acquired on the basis ofsuch framework the same effect in itsterritory as the evidence of formalqualifications which it itself issues, oncondition that such framework fulfils thecriteria set under paragraph 2. Suchcriteria shall respect the specificationsreferred to in paragraph 3.

1. For the purpose of this Article,“common training framework” shall meana common set of knowledge, skills andcompetences necessary for the pursuit of aspecific profession or post-graduatespeciality of a profession regulated underChapter III of Title III. Requirementsmay include the number of ECTScredits, but ECTS credits shall not formthe only criteria. For the purpose ofaccess to and pursuit of such profession, aMember State shall give evidence ofqualifications acquired on the basis ofsuch framework the same effect in itsterritory as the evidence of formalqualifications which it itself issues, oncondition that such framework fulfils thecriteria set under paragraph 2. Suchcriteria shall respect the specificationsreferred to in paragraph 3.

(AM 121)

1. For the purpose of this Article,'common training framework' shall meana common set of minimum knowledge,skills and competences necessary for thepursuit of a specific profession.

A common training framework shallnot replace national trainingprogrammes unless a Member Statedecides otherwise under its nationallaw.

For the purpose of access to and pursuit ofa profession in Member States whichregulate that profession, a Member Stateshall give evidence of qualificationsacquired on the basis of such a frameworkthe same effect in its territory as theevidence of formal qualifications which ititself issues, on condition that suchframework fulfils the criteria set underconditions laid down in paragraph 2Such criteria shall respect thespecifications referred to in paragraph 3.

1. For the purpose of this Article,'common training framework' shall meana common set of minimum knowledge,skills and competences necessary for thepursuit of a specific profession.

A common training framework shallnot replace national trainingprogrammes unless a Member Statedecides otherwise under its nationallaw.

For the purpose of access to and pursuit ofa profession in Member States whichregulate that profession, a Member Stateshall give evidence of qualificationsacquired on the basis of such a frameworkthe same effect in its territory as theevidence of formal qualifications which ititself issues, on condition that suchframework fulfils the criteria set underconditions laid down in paragraph 2Such criteria shall respect thespecifications referred to in paragraph 3

2. A common training framework shallcomply with the following conditions:

(a) the common training frameworkenables more professionals to moveacross Member States in comparison tothe general system for recognition of







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evidence of training provided for inChapter I of Title III;



(b) the profession concerned is alreadyregulated in at least one third of allMember States;

(b) the exercise of the profession and/orthe training giving access to theprofession is regulated in at least onethird of all Member States;

(AM 122)

(b) the profession is regulated, orthe education and training leading tothe profession concerned is alreadyregulated within the meaning of Article3(1)(e), in at least one third one third ofthe of all Member States;

(b) the profession is regulated, orthe education and training leading tothe profession concerned is alreadyregulated within the meaning of Article3(1)(e), in at least one third one third ofthe of all Member States;

(c) the common set of knowledge, skillsand competences combines theknowledge, skills and competencesdefined in the systems of education andtraining applicable in at least one third ofall Member States;

(c) the common set of knowledge, skillsand competences combines theknowledge, skills and competencesdefined in the systems of education andtraining applicable in at least one third ofall Member States; in that regard it shallbe irrelevant whether the knowledge,skills and competences have beenacquired as part of a general trainingcourse at a university or highereducation institution or as part of avocational training course;

(AM 123)

(c) the common set of knowledge, skillsand competences combines theknowledge, skills and competencesdefined required in the systems ofeducation and training applicable in atleast one third of all Member States; inthat regard it shall be irrelevantwhether the knowledge, skills andcompetences have been acquired aspart of a general training course at auniversity of higher educationinstitution or as part of a vocationaltraining course;

(c) the common set of knowledge, skillsand competences combines theknowledge, skills and competencesdefined required in the systems ofeducation and training applicable in atleast one third of all Member States; inthat regard it shall be irrelevantwhether the knowledge, skills andcompetences have been acquired aspart of a general training course at auniversity of higher educationinstitution or as part of a vocationaltraining course;

(d) the knowledge, skills andcompetences for such common trainingframework shall refer to levels of theEuropean Qualifications Framework, asdefined in Annex II of theRecommendation of the EuropeanParliament and of the Council on theestablishment of the European

(d) the knowledge, skills and competencesfor such common training frameworkshall refer to the levels of qualificationsspecified in Article 11;

(AM 124)

(d) the knowledge, skills andcompetences for such common trainingframework shall be based on levels of theEuropean Qualifications Framework, asdefined in Annex II of theRecommendation of the EuropeanParliament and of the Council on theestablishment of the European

(d) the knowledge, skills andcompetences for such common trainingframework shall be based on levels of theEuropean Qualifications Framework, asdefined in Annex II of theRecommendation of the EuropeanParliament and of the Council on theestablishment of the European



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Qualifications Framework for lifelonglearning(*);

-----------

(*) OJ C 111, 6.5.2008, p.1.".

Qualifications Framework for lifelonglearning;18

Qualifications Framework for lifelonglearning;19

in (e) the profession concerned is neithercovered by another common trainingframework nor regulated already underChapter III of Title III;

(e) the profession or post-graduatespeciality of a profession regulated underChapter III of Title III concerned areneither covered by another commontraining framework nor regulated alreadyunder Chapter III of Title III; (AM 125)

(e) the profession concerned isneither covered by another commontraining framework nor regulated alreadysubject to automatic recognition underChapter III of Title III;

e) the profession concerned isneither covered by another commontraining framework nor regulated alreadysubject to automatic recognition underChapter III of Title III;

(f) the common training framework hasbeen prepared following a transparent dueprocess, including with stakeholders fromMember States where the profession isnot regulated;

(f) the common training framework hasbeen prepared following a transparent dueprocess, which means that initiatives inthat regard shall be published andundertaken in close co-operation withprofessional organisations and otherrepresentatives including, whereapplicable, in cooperation withstakeholders, from Member States wherethe profession is not regulated; (AM 126)

(f) the common training frameworkhas been prepared following a transparentdue process, including with stakeholdersfrom Member States where the professionis not regulated; the common trainingframework has been preparedfollowing a transparent due processincluding the relevant stakeholdersfrom Member States where theprofession is not regulated;

(f) the common training framework hasbeen prepared following a transparent dueprocess, including with the relevantstakeholders from Member States wherethe profession is not regulated;

(g) the common training frameworkpermits nationals from any Member Stateto be eligible for acquiring thequalification under such frameworkwithout being required to be a member ofany professional organisation or to beregistered with such organisation.

(g) the common training frameworkpermits nationals from any Member Stateto be eligible for acquiring thequalification under such frameworkwithout first being required to be amember of any professional organisationor to be registered with such organisation.(AM 127)

(g) the common training frameworkpermits nationals from any Member Stateto be eligible for acquiring thequalification under such frameworkwithout first being required to be amember of any professional organisationor to be registered with such organisation.

(g) the common training frameworkpermits nationals from any Member Stateto be eligible for acquiring thequalification under such frameworkwithout first being required to be amember of any professional organisationor to be registered with such organisation

18 OJ C 111, 6.5.2008, p.1.19 OJ C 111, 6.5.2008, p.1.



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(35a) In Article 49a, the followingparagraph is added:

"2a. The Commission shall considersuggestions and draft documentssubmitted by professional associationsand Member States in order to determinewhether they meet the conditions laiddown in paragraph 2 and shall call onall the Member States to assess thepossible implications of introducing acommon training framework and toidentify the bodies to which such aframework can be offered. In that regardthe Member States shall considerwhether and to what extent suchcommon training frameworks can beoffered as part of a general trainingcourse at a university or highereducation institution or as part of avocational training course." (AM 128)

2a. A representative professionalorganisation at the level of theEuropean Union as well as nationalprofessional organisations or competentauthorities from at least one third ofthe Member States may submit to theCommission suggestions for commontraining frameworks which meet theconditions laid down in paragraph 2.

2a. A representative professionalorganisation at the level of theEuropean Union as well as nationalprofessional organisations or competentauthorities from at least one third ofthe Member States may submit to theCommission suggestions for commontraining frameworks which meet theconditions laid down in paragraph 2.

3. The Commission shall be empoweredto adopt delegated acts in accordancewith Article 58a specifying the commonset of knowledge, skills and competencesas well as the qualifications on thecommon training framework.

3. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a to establisha common training framework for agiven profession based on theconditions laid down in paragraph 2.

3. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a to establisha common training framework for agiven profession based on theconditions laid down in paragraph 2.

3a. A Member State shall beexempted from the obligation ofintroducing the common trainingframework referred to in paragraph 3on its territory and from the obligationof granting automatic recognition to thequalifications acquired under this

3a. A Member State shall beexempted from the obligation ofintroducing the common trainingframework referred to in paragraph 3on its territory and from the obligationof granting automatic recognition to thequalifications acquired under this



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common training framework if one ofthe following conditions is fulfilled:

(a) there are no education ortraining institutions available in itsterritory to offer such training for theprofession concerned;

(b) the introduction of thecommon training framework wouldadversely affect the organisation of itssystem of education and professionaltraining;

(c) there are substantialdifferences between the commontraining framework and the trainingrequired in its territory, which entailserious risks for public policy, publicsecurity, public health or for the safetyof the service recipients, or theprotection of the environment.

common training framework if one ofthe following conditions is fulfilled:

(a) there are no education ortraining institutions available in itsterritory to offer such training for theprofession concerned;

(b) the introduction of thecommon training framework wouldadversely affect the organisation of itssystem of education and professionaltraining;

(c) there are substantialdifferences between the commontraining framework and the trainingrequired in its territory, which entailserious risks for public policy, publicsecurity, public health or for the safetyof the service recipients, or theprotection of the environment.

3b Member States shall, within sixmonths of the entry into force of thedelegated act referred to in paragraph3, notify to the Commission and to theother Member States:

- the national qualifications, andwhere applicable, the nationalprofessional titles, compliant with thecommon training framework; or

- the use of the exemption referred toin paragraph 3a, with the necessaryjustification against one of theconditions referred to in letters a, band c of paragraph 3a. TheCommission may, within 3 months,ask for further clarification if it

3b Member States shall, within sixmonths of the entry into force of thedelegated act referred to in paragraph3, notify to the Commission and to theother Member States:

- the national qualifications, andwhere applicable, the nationalprofessional titles, compliant with thecommon training framework; or

- the use of the exemption referred toin paragraph 3a, with the necessaryjustification against one of theconditions referred to in letters a, band c of paragraph 3a. TheCommission may, within 3 months,ask for further clarification if it



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considers that a Member State hasprovided no or insufficient justificationthat one of these conditions is satisfied.The Member State shall reply within 3months.

The Commission may adopt animplementing act to list the nationalqualifications and national professionaltitles benefiting from automaticrecognition under the common trainingframework adopted in accordance withparagraph 3.

considers that a Member State hasprovided no or insufficient justificationthat one of these conditions is satisfied.The Member State shall reply within 3months.

The Commission may adopt animplementing act to list the nationalqualifications and national professionaltitles benefiting from automaticrecognition under the common trainingframework adopted in accordance withparagraph 3.

"4. This article also applies tospecialities of a profession, providedsuch specialities concern professionalactivities, the access to and the pursuit ofwhich are regulated in Member States,where the profession is already subject toautomatic recognition under Chapter IIIof Title III of this Directive, but not thespeciality concerned."

4. Member States shall notify to theCommission the professional title to beacquired in accordance with the commontraining framework referred to inparagraph 3.



5. A Member State may request aderogation from the application ofcommon training framework referred toin paragraph 3 on its territory if it wereotherwise compelled to introduce a new

5. A Member State may request aderogation from the application ofcommon training framework referred to inparagraph 3 on its territory if it wereotherwise compelled to introduce a new

5. A Member State may request aderogation from the application ofcommon training framework referred to inparagraph 3 on its territory if it wereotherwise compelled to introduce a new



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regulated profession in its territory, if itwere required to amend existingfundamental domestic principles relatingto the structure of professions as regardstraining and the conditions of access tosuch professions or if the Member Statedoes not wish to relate its nationalqualifications system to the qualificationsset out in that common trainingframework. The Commission may adoptan implementing decision, in order togrant such derogation to the MemberStates concerned.Article 49b

regulated profession in its territory, if itwere required to amend existingfundamental domestic principles relatingto the structure of professions as regardstraining and the conditions of access tosuch professions or if the Member Statedoes not wish to relate its nationalqualifications system to the qualificationsset out in that common trainingframework. The Commission may adoptan implementing decision, in order togrant such derogation to the MemberStates concerned.

regulated profession in its territory, if itwere required to amend existingfundamental domestic principles relatingto the structure of professions as regardstraining and the conditions of access tosuch professions or if the Member Statedoes not wish to relate its nationalqualifications system to the qualificationsset out in that common trainingframework. The Commission may adoptan implementing decision, in order togrant such derogation to the MemberStates concerned.

Article 49b Common Training Tests

Article 49b

Common training tests

Article 49b


Article 49b


1. For the purpose of this Article, acommon training test shall mean anaptitude test assessing the ability of aprofessional to pursue a profession in allMember States which regulate it.Successful completion of a commontraining test shall allow for access to andpursuit of the professional activitiesconcerned in a Member State under thesame conditions as the holders ofprofessional qualifications acquired inthat Member State.

1. For the purpose of this Article, acommon training test shall mean anstandardised aptitude test availableacross participating Member Statesand reserved to holders of a particularprofessional qualificationassessing theability of a professional to pursue aprofession in all Member States whichregulate it. Successful completion of sucha common training test in a MemberState shall entitle the holders of aparticular professional qualification topursue the profession in any host MemberState concerned under the sameconditions as the holders of professionalqualifications acquired in that MemberState. Details of such tests shall be laid

1. For the purpose of this Article, acommon training test shall mean anstandardised aptitude test availableacross participating Member Statesand reserved to holders of a particularprofessional qualificationassessing theability of a professional to pursue aprofession in all Member States whichregulate it. Successful completion of sucha common training test in a MemberState shall entitle the holders of aparticular professional qualification topursue the profession in any host MemberState concerned under the sameconditions as the holders of professionalqualifications acquired in that MemberState. Details of such tests shall be laid



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down in accordance with the conditionsset out in paragraph 2 and in theimplementing act referred to in paragrah3.

down in accordance with the conditionsset out in paragraph 2 and in theimplementing act referred to in paragrah3.

2. The common training test shall complywith the following conditions:

(a) the common training test enablesmore professionals to move acrossMember States in comparison to thegeneral system for recognition ofevidence of training provided for inChapter I of Title III;

(b) the profession concerned is regulatedin at least one third of all Member States;

(c) the common training test has beenprepared following a transparent dueprocess, including with stakeholders fromMember States where the profession isnot regulated;

(d) the common training test permitsnationals from any Member State toparticipate in such a test and in thepractical organisation of such tests inMember States without being required tobe a member of any professionalorganisation or to be registered with suchorganisation.

2. The common training test shallcomply with the following conditions:(a) the common training test enablesmore professionals to move acrossMember States in comparison to thegeneral system for recognition ofevidence of training provided for inChapter I of Title III;(b) the profession is regulated, orthe education and training leading tothe profession concerned is regulatedwithin the meaning of Article 3(1)(e), inat least one third of all Member States;

(c) the common training test hasbeen prepared following a transparent dueprocess, including with stakeholders fromMember States where the profession isnot regulated; the common training testhas been prepared following atransparent due process, including withthe relevant stakeholders from MemberStates where the profession is notregulated

(d) the common training test permitsnationals from any Member State toparticipate in such a test and in thepractical organisation of such tests inMember States without first being

2. The common training test shallcomply with the following conditions:(a) the common training test enablesmore professionals to move acrossMember States in comparison to thegeneral system for recognition ofevidence of training provided for inChapter I of Title III;(b) the profession is regulated, orthe education and training leading tothe profession concerned is regulatedwithin the meaning of Article 3(1)(e), inat least one third of all Member States;

(c) the common training test has beenprepared following a transparent dueprocess, including with the relevantstakeholders from Member States wherethe profession is not regulated;

(d) the common training test permitsnationals from any Member State toparticipate in such a test and in thepractical organisation of such tests inMember States without first beingrequired to be a member of anyprofessional organisation or to beregistered with such organisation.



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required to be a member of anyprofessional organisation or to beregistered with such organisation.2a. Professional organisationsrepresentative at the level of theEuropean Union or nationalprofessional organisations or competentauthorities from at least one third ofthe Member States may submit to theCommission, suggestions for commontraining tests which meet the conditionslaid down in paragraph 2.

2a. Professional organisationsrepresentative at the level of theEuropean Union or nationalprofessional organisations or competentauthorities from at least one third ofthe Member States may submit to theCommission, suggestions for commontraining tests which meet the conditionslaid down in paragraph 2.

3. The Commission shall be empoweredto adopt delegated acts in accordancewith Article 58a concerning theconditions for such common training test

3. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe conditions for such common trainingtest. The Commission shall beempowered to adopt delegated acts inaccordance with 58a to establish thecontents of a common training test, theconditions required for sitting the testand for a successful completion thereof.

3. The Commission shall beempowered to adopt delegated acts inaccordance with Article 58a concerningthe conditions for such common trainingtest. The Commission shall beempowered to adopt delegated acts inaccordance with 58a to establish thecontents of a common training test, theconditions required for sitting the testand for a successful completion thereof.

(35b) In Article 49a, the followingparagraph is added:

"3a. Exchange of information betweencompetent authorities of differentMember States under this Article shalltake place via the IMI."



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(AM 129)

3a. A Member State shall beexempted from the obligation oforganising the common training testreferred to in paragraph 3 on itsterritory and from the obligation ofgranting automatic recognition to thethe professionals who successfullycompleted the common training test ifone of the following conditions isfulfilled:(a) the profession concerned is notregulated on its territory;(b) the contents of the commontraining test will not sufficientlymitigate serious risks for public healthor the safety of the service recipients,which are relevant on its territory;(c) the contents of the commontraining test would render access to theprofession seriously less attractivecompared to national requirements.

3a. A Member State shall beexempted from the obligation oforganising the common training testreferred to in paragraph 3 on itsterritory and from the obligation ofgranting automatic recognition to thethe professionals who successfullycompleted the common training test ifone of the following conditions isfulfilled:(a) the profession concerned is notregulated on its territory;(b) the contents of the commontraining test will not sufficientlymitigate serious risks for public healthor the safety of the service recipients,which are relevant on its territory;(c) the contents of the commontraining test would render access to theprofession seriously less attractivecompared to national requirements.

3b. Member States shall, within sixmonths of the entry into force of thedelegated act referred to in paragraph3, notify to the Commission and to theother Member States:

- the available capacities for organisingsuch tests; or

- the use of the exemption referred to inparagraph 3a, with the necessaryjustification against one of theconditions referred to in letters a, b andc of paragraph 3a. The Commission

3b. Member States shall, within sixmonths of the entry into force of thedelegated act referred to in paragraph3, notify to the Commission and to theother Member States:

- the available capacities for organisingsuch tests; or

- the use of the exemption referred to inparagraph 3a, with the necessaryjustification against one of theconditions referred to in letters a, b andc of paragraph 3a. The Commission



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may, within 3 months, ask for furtherclarification, if it considers that aMember State has provided no orinsufficient justification that one ofthese conditions is satisfied. TheMember State shall reply within 3months.

The Commission may adopt animplementing act to list the MemberStates in which the common trainingtests adopted in accordance withparagraph 3 shall be organised, thefrequency during a calendar year andother arrangements necessary fororganising common training testsacross Member States.

may, within 3 months, ask for furtherclarification, if it considers that aMember State has provided no orinsufficient justification that one ofthese conditions is satisfied. TheMember State shall reply within 3months.

The Commission may adopt animplementing act to list the MemberStates in which the common trainingtests adopted in accordance withparagraph 3 shall be organised, thefrequency during a calendar year andother arrangements necessary fororganising common training testsacross Member States.

Article 50 Documentation and formalities

(36) In Article 50, the followingparagraph 3a is inserted:

(36) In Article 50, the followingparagraphs 3a and 3b areis inserted:

(36) In Article 50, the followingparagraphs 3a and 3b areis inserted:

"3a. In the event of justified doubts, thehost Member State may require from thecompetent authorities of a Member Stateconfirmation of the fact that the applicantis not suspended or prohibited from thepursuit of the profession as a result ofserious professional misconduct orconviction of criminal offences relating tothe pursuit of any of his/her professionalactivities.".

"3a. In the event of justified doubts,the host Member State may require fromthe competent authorities of a MemberState confirmation of the fact that theapplicant is not suspended or prohibitedfrom the pursuit of the profession as aresult of serious professional misconductor conviction of criminal offences relatingto the pursuit of any of his/herprofessional activities.

"3a. In the event of justified doubts, thehost Member State may require from thecompetent authorities of a Member Stateconfirmation of the fact that the applicantis not suspended or prohibited from thepursuit of the profession as a result ofserious professional misconduct orconviction of criminal offences relating tothe pursuit of any of his/her professionalactivities.".



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3b. Exchange of informationbetween competent authorities ofdifferent Member States under thisArticle shall take place via the InternalMarket information System (IMI).".

3b. Exchange of informationbetween competent authorities ofdifferent Member States under thisArticle shall take place via the InternalMarket information System (IMI).".

Article 52 Use of professional titles

(37) In Article 52, the followingparagraph 3 is added:



"3. A Member State may not reserve theuse of the professional title to the holdersof professional qualifications if it has notnotified the association or organisation tothe Commission and to the other MemberStates in accordance with Article 3(2).".



Article 53 Knowledge of languages


(38) In Article 53, the followingsecond paragraphs is are added:

(38) In Article 53, the followingsecond paragraphs is are added:

"A Member State shall ensure that anycontrols of the knowledge of a languageare carried out by a competent authorityafter the decisions referred to in Articles4d, 7(4) and 51(3) have been taken and ifthere is a serious and concrete doubt aboutthe professional's sufficient languageknowledge in respect of the professionalactivities this person intends to pursue.

A Member State shall ensure that thelanguage check is carried out under thesupervision of a competent authority afterthe decisions referred to in Articles 4d,7(4) and 51(3) have been taken and ifthere is a serious and concrete doubt aboutthe professional's sufficient languageknowledge in respect of the professionalactivities this person intends to pursue. Ifthere is no competent authority for aparticular profession, Member Statesshall ensure that there is a recognised

"2. A Member State shall ensure thatany controls carried out by thecompetent authority or under itssupervision for controlling compliancewith the obligation under paragraph 1of shall be limited to the knowledge of aone official or administrative languageof the Member State.

3. A control under paragraph 2may be imposed if the profession to bepractised has patient safety

2. A Member State shall ensure thatany controls carried out by thecompetent authority or under itssupervision for controlling compliancewith the obligation under paragraph 1of shall be limited to the knowledge of aone official or administrative languageof the Member State, providing theadministrative language concerned isalso an official language of theEuropean Union..



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In case of professions with patient safetyimplications, Member States may conferto the competent authorities the right tocarry out language checking covering allprofessionals concerned if it is expresslyrequested by the national health caresystem, or in case of self-employedprofessionals not affiliated to thenationals health care system, byrepresentative national patientorganisations.

Any language control shall be limited tothe knowledge of one of the officiallanguages of the Member State accordingto the choice of the person concerned, itshall be proportionate to the activity to bepursued and free of charge for theprofessional. The person concerned shallbe allowed to appeal such controls beforenational courts.".

body that can undertake a languagecheck.

(AM 130)

For professions with public health orpatient safety implications, languagechecks covering all professionalsconcerned may be organised under thesupervision of the competent authority.

That language check shall be carried outafter the recognition of the professionalqualifications but before granting accessto the profession in question.

The language check shall be limited to theknowledge of one of the officiallanguages of the place where theapplicant seeks to be established or toprovide services according to the choice

implications. A control may be imposedin respect of other professions in caseswhere there is a serious and concretedoubt.

The control may only take place arecarried out by a competent authority afterthe issuance of a European ProfessionalCard in accordance with decisionsreferred to in Articles 4d or respectivelyafter the recognition of a professionalqualification.

7(4) and 51(3) have been takenand ifthere is a serious and concrete doubtabout the professional's sufficientlanguage knowledge in respect of theprofessional activities this person intendsto pursue

In case of professions with patient safetyimplications, Member States may conferto the competent authorities the righttocarry out language checking coveringall professionals concerned if it isexpressly requested by the national healthcare system, or in case of self-employedprofessionals not affiliated to thenationals health care system, byrepresentative national patientorganisations.

4. Any language control shall belimited to the knowledge of one of theofficial languages of the Member Stateaccording to the choice of the personconcerned, it shall be proportionate to theactivity to be pursued and free of chargefor the professional. The personconcerned shall be allowed to appeal such

3. A control under paragraph 2may be imposed if the profession to bepractised has patient safetyimplications. A control may be imposedin respect of other professions in caseswhere there is a serious and concretedoubt.

The control may only take place arecarried out by a competent authority afterthe issuance of a European ProfessionalCard in accordance with decisionsreferred to in Articles 4d or respectivelyafter the recognition of a professionalqualification.

7(4) and 51(3) have been takenand ifthere is a serious and concrete doubtabout the professional's sufficientlanguage knowledge in respect of theprofessional activities this person intendsto pursue

In case of professions with patient safetyimplications, Member States may conferto the competent authorities the righttocarry out language checking coveringall professionals concerned if it isexpressly requested by the national healthcare system, or in case of self-employedprofessionals not affiliated to thenationals health care system, byrepresentative national patientorganisations.

4. Any language control shall belimited to the knowledge of one of theofficial languages of the Member Stateaccording to the choice of the person



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of the person concerned, it shall beproportionate to the activity to be pursuedand free of charge for the professional.Evidence provided by professionalsattesting their knowledge of the languageshall be taken into account. The personconcerned shall be allowed to appeal suchcheck before national courts.

controls under national law. concerned, it shall be proportionate to theactivity to be pursued and free of chargefor the professional. The personconcerned shall be allowed to appeal suchcontrols under national law.

Article 55a Recognition of remunerated traineeship

(39) In Title IV the following Article 55ais inserted:

(39) In Title IV the following Article55a is inserted:

(39) In Title IV the following Article 55ais inserted:

"Article 55a

Recognition of remunerated traineeship

"Article 55a

Recognition of traineeship

(AM 131)

"Article 55a

Recognition of remunerated professionaltraineeship

"Article 55a

Recognition of remunerated professionaltraineeship

With a view to grant access to a regulatedprofession, the home Member State shallrecognise the remunerated traineeshippursued in another Member State andcertified by a competent authority of thatMember State.".

With a view to grant access to a regulatedprofession, the home Member State shallrecognise the traineeship pursued inanother Member State and certified by acompetent authority of that Member State.Member States may limit the maximumduration of a traineeship in anotherMember State. Recognition of thetraineeship shall not replace anexamination which must be passed inorder to gain access to the profession inquestion.

(AM 132)

1. If With a view to grant access toa regulated profession in the homeMember State is contingent uponcompletion of a professionaltraineeship, the competent authority ofthe home Member State shall recognisethe traineeship carried out anotherMember State provided the traineeshipis in accordance with the publishedguidelines referred to in the followingsub-paragraph, and take into accountwhen considering a request forauthorisation to exercise the regulatedprofession. However, Member Statesmay limit the duration of the part ofthe professional traineeship which canbe carried out abroad up to areasonable period required under itsnational legislation. shall recognise the

1. If With a view to grant access toa regulated profession in the homeMember State is contingent uponcompletion of a professionaltraineeship, the competent authority ofthe home Member State shall recognisethe traineeship carried out anotherMember State provided the traineeshipis in accordance with the publishedguidelines referred to in the followingsub-paragraph, and take into accountwhen considering a request forauthorisation to exercise the regulatedprofession. However, Member Statesmay limit the duration of the part ofthe professional traineeship which canbe carried out abroad up to areasonable period required under itsnational legislation. shall recognise the



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remunerated traineeship pursued inanother Member State and certified by acompetent authority of that Member State.Recognition of the traineeship shall notreplace any requirements that may bein place to pass an examination in orderto gain access to the profession inquestion. The competent authoritiesshall publish guidelines on theorganisation and recognition ofprofessional traineeships carried out inanother Member Statee or in a thirdcountry, in particular on the role of thesupervisor of the professionaltraineeship.

remunerated traineeship pursued inanother Member State and certified by acompetent authority of that Member State.Recognition of the traineeship shall notreplace any requirements that may bein place to pass an examination in orderto gain access to the profession inquestion. The competent authoritiesshall publish guidelines on theorganisation and recognition ofprofessional traineeships carried out inanother Member Statee or in a thirdcountry, in particular on the role of thesupervisor of the professionaltraineeship.

Title V

(40) The title of Title V is replacedby the following:

"Title V

ADMINISTRATIVE COOPERATIONAND RESPONSIBILITY TOWARDS

CITIZENS FOR IMPLEMENTATION".

(40) The title of Title V is replacedby the following:

"Title V



(40) The title of Title V is replaced by thefollowing:

"Title V



Article 56 Competent authorities

(41) In Article 56, the first subparagraphof paragraph 2 is replaced by thefollowing:



"The competent authorities of the host andhome Member States shall exchangeinformation regarding disciplinary actionor criminal sanctions taken or any other

(a) The first subparagraph ofparagraph 2 is replaced by the following:

"The competent authorities of the host andhome Member States shall exchange

(a) The first subparagraph ofparagraph 2 is replaced by the following:

"The competent authorities of the host andhome Member States shall exchange



146

serious, specific circumstances which arelikely to have consequences for thepursuit of activities under this Directive,respecting personal data protectionlegislation provided for in Directive95/46/EC and Directive 2002/58/EC ofthe European Parliament and of theCouncil (*).

----------------

(*) OJ L 201, 31.07.2002, p. 37.".

information regarding disciplinary actionor criminal sanctions taken or any otherserious, specific circumstances which arelikely to have consequences for thepursuit of activities under this Directive,respecting personal data protectionlegislation provided for in Directive95/46/EC and Directive 2002/58/EC ofthe European Parliament and of theCouncil20.


"2a. For the purposes ofparagraphs 1 and 2, the competentauthorities shall use the InternalMarket Information System (IMI)."."

information regarding disciplinary actionor criminal sanctions taken or any otherserious, specific circumstances which arelikely to have consequences for thepursuit of activities under this Directive,respecting personal data protectionlegislation provided for in Directive95/46/EC and Directive 2002/58/EC ofthe European Parliament and of theCouncil21.


"2a. For the purposes ofparagraphs 1 and 2, the competentauthorities shall use the InternalMarket Information System (IMI)."."


"4. Each Member State shalldesignate a coordinator for theactivities of the authorities referred toin paragraph 1 and shall inform theother Member States and theCommission thereof.The coordinators' remit shall be:

(a) to promote uniformapplication of this Directive;(b) to collect all theinformation which is relevantfor application of thisDirective, such as on the


"4. Each Member State shalldesignate a coordinator for theactivities of the authorities referred toin paragraph 1 and shall inform theother Member States and theCommission thereof.The coordinators' remit shall be:

(a) to promote uniformapplication of this Directive;(b) to collect all theinformation which is relevantfor application of thisDirective, such as on the

20 OJ L 201, 31.07.2002, p. 37.21 OJ L 201, 31.07.2002, p. 37.



147

conditions for access toregulated professions in theMember States;(c) to examine suggestions forcommon training frameworksand common training tests;(d) exchange information andbest practice for the purpose ofoptimising continuousprofessional development inMember States.

For the purpose of fulfilling the remitdescribed in point (b), the coordinatorsmay solicit the help of the assistancecentres referred to in Article 57b.

conditions for access toregulated professions in theMember States;(c) to examine suggestions forcommon training frameworksand common training tests;(d) exchange information andbest practice for the purpose ofoptimising continuousprofessional development inMember States.(e) exchange information andbest practices on theapplication of compensationmeasures, as referred to inArticle 14 of this Directive.

For the purpose of fulfilling the remitdescribed in point (b), the coordinatorsmay solicit the help of the assistancecentres referred to in Article 57b.

Article 56a Alert mechanism


(42) The following Article 56a is inserted: (42) The following Article 56a is inserted:

"Article 56a

Alert mechanism

"Article 56a

Alert mechanism

"Article 56a

Alert mechanism

1. The competent authorities of a MemberState shall inform the competentauthorities of all other Member States andthe Commission about the identity of aprofessional who has been prohibited bynational authorities or courts frompursuing, even temporarily, on the

1. The competent authorities of a MemberState shall inform the competentauthorities of all other Member States andthe Commission about the identity of aprofessional who has been restricted orprohibited by national authorities orcourts from pursuing, even temporarily,

1. The competent authorities of aMember State shall inform the competentauthorities of all other Member States andthe Commission about the identity of aprofessional who has been restricted orprohibited by national authorities orcourts from pursuing, even temporarily,

1. The competent authorities of aMember State shall inform the competentauthorities of all other Member States andthe Commission about the identity of aprofessional who has been restricted orprohibited by national authorities orcourts from pursuing, even temporarily,



148

territory of that Member State thefollowing professional activities:

on the territory of that Member State thefollowing professional activities: (AM133)

on the territory of that Member State thefollowing professional activities in theirentirety or parts thereof:

on the territory of that Member State thefollowing professional activities in theirentirety or parts thereof:

(a) doctor of medicine of general practicepossessing evidence of a formalqualification referred to in point 5.1.4 ofAnnex V;

(a) doctors of medicine possessingevidence of a formal qualification referredto in points 5.1.1, 5.1.3 and 5.1.4 ofAnnex V;

(AM 134)

(a) doctor of medicine and ofgeneral practice possessing evidence of aformal qualification referred to in point5.1.1 and 5.1.4 of Annex V;

(a) doctor of medicine and ofgeneral practice possessing evidence of aformal qualification referred to in point5.1.1 and 5.1.4 of Annex V;

(b) specialist doctor of medicinepossessing a title referred to in point5.1.3 of Annex V;

deleted

(AM 135)

(b) specialist doctor of medicinepossessing a title referred to in point 5.1.3of Annex V;

(b) specialist doctor of medicinepossessing a title referred to in point 5.1.3of Annex V;

(ba) sectoral professions subject torecognition in accordance with Article10;

(AM 136)

(ja) members of professions which arenot covered by Directive 2006/123/ECand which have public health and safetyimplications.

(AM 137)

(c) nurse responsible for general carepossessing evidence of a formalqualification referred to in point 5.2.2 ofAnnex V;

(d) dental practitioner possessing aprofessional qualifications listed in, point

(c) nurse responsible for generalcare possessing evidence of a formalqualification referred to in point 5.2.2 ofAnnex V;


(c) nurse responsible for generalcare possessing evidence of a formalqualification referred to in point 5.2.2 ofAnnex V;




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5.3.2 of Annex V;

(e) specialist dentists possessing evidenceof a formal qualification referred to inpoint 5.3.3 of Annex V;

(f) veterinary surgeon possessingevidence of a formal qualificationsreferred to in point 5.4.2 of Annex V,unless they notified it already underArticle 32 of Directive 2006/123/EC ofthe European Parliament and of theCouncil(*);

(g) midwife possessing evidence of aformal qualification referred to in point5.5.2 Annex V;

(h) pharmacist possessing evidence of aformal qualification listed in point 5.6.2of Annex V;

(i) holders of certificates mentioned inpoint 2 of Annex VII attesting that theholder completed a training whichsatisfies the minimum requirements listedin Articles 24, 25, 31, 34, 35, 38, 40, or44 respectively, but which started earlierthan the reference dates of thequalifications listed in points 5.1.3, 5.1.4,5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 ofAnnex V.

5.3.2 of Annex V;

(e) specialist dentists possessingevidence of a formal qualificationreferred to in point 5.3.3 of Annex V;

(f) veterinary surgeon possessingevidence of a formal qualificationsreferred to in point 5.4.2 of Annex V,unless they notified it already underArticle 32 of Directive 2006/123/EC ofthe European Parliament and of theCouncil(*)22;

(g) midwife possessing evidence ofa formal qualification referred to in point5.5.2 Annex V;

(h) pharmacist possessing evidenceof a formal qualification listed in point5.6.2 of Annex V;

(i) holders of certificates mentionedin point 2 of Annex VII attesting that theholder completed a training whichsatisfies the minimum requirements listedin Articles 24, 25, 31, 34, 35, 38, 40, or44 respectively, but which started earlierthan the reference dates of thequalifications listed in points 5.1.3, 5.1.4,5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 ofAnnex V.

(j) holders of certificates ofacquired rights as referred to in Articles23, 27, 29, 33, 37 and 43;

(k) other professionals exercising

5.3.2 of Annex V;

(e) specialist dentists possessingevidence of a formal qualificationreferred to in point 5.3.3 of Annex V;

(f) veterinary surgeon possessingevidence of a formal qualificationsreferred to in point 5.4.2 of Annex V,unless they notified it already underArticle 32 of Directive 2006/123/EC ofthe European Parliament and of theCouncil(*)23;

(g) midwife possessing evidence ofa formal qualification referred to in point5.5.2 Annex V;

(h) pharmacist possessing evidenceof a formal qualification listed in point5.6.2 of Annex V;

(i) holders of certificates mentionedin point 2 of Annex VII attesting that theholder completed a training whichsatisfies the minimum requirements listedin Articles 24, 25, 31, 34, 35, 38, 40, or44 respectively, but which started earlierthan the reference dates of thequalifications listed in points 5.1.3, 5.1.4,5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 ofAnnex V.

(j) holders of certificates ofacquired rights as referred to in Articles23, 27, 29, 33, 37 and 43;

(k) other professionals exercising

22 OJ L 376, 27.12.2006, p. 3623 OJ L 376, 27.12.2006, p. 36



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(j) holders of certificates of acquiredrights as referred to in Articles 23, 27, 29,33, 37 and 43.

----------------

(*) OJ L 376, 27.12.2006, p. 36."

activities with patient safetyimplications where the person pursuesa profession regulated in that MemberState;

(l) professionals exercisingactivities related to the education ofminors, including in childcare andearly childhood education, where theperson pursues a profession regulatedin that Member State.

activities with patient safetyimplications where the person pursuesa profession regulated in that MemberState;

(l) professionals exercisingactivities related to the education ofminors, including in childcare andearly childhood education, where theperson pursues a profession regulatedin that Member State.

(jb) professionals subject to the generalsystem of recognition, under Chapters Iand II of Title III, which haveimplications for patient safety.

(AM 138)

The information referred to in the firstsubparagraph shall be sent at the latestwithin three days from the date ofadoption of the decision prohibiting theprofessional concerned from exercising aprofessional activity.

The information referred to in the firstsubparagraph shall be sent at the latestwithin 48 hours from the date of adoptionof the decision restricting or prohibitingthe professional concerned fromexercising a professional activity via IMI.(AM 139)

The information referred to in the firstsubparagraph shall be sent at the latestwithin three days from the date ofadoption of the decision prohibiting theprofessional concerned from exercising aprofessional activity via the InternalMarket Information System (IMI) Itshall be limited to the identity of theprofessional, the profession concerned,information about the nationalauthority or court adopting the decisionon restriction or prohibition, the scopeof restriction and the period duringwhich the restriction or the prohibitiondecided by such authority or courtapplies.

The information referred to in the firstsubparagraph shall be sent at the latestwithin three days from the date ofadoption of the decision prohibiting theprofessional concerned from exercising aprofessional activity via the InternalMarket Information System (IMI) Itshall be limited to the identity of theprofessional, the profession concerned,information about the nationalauthority or court adopting the decisionon restriction or prohibition, the scopeof restriction and the period duringwhich the restriction or the prohibitiondecided by such authority or courtapplies.



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1a. Paragraph 1 shall also apply to theexchange of data relating to applicantsconvicted of presenting falseinformation, including presenting falseevidence of training, education orprofessional experience.

(AM 140)

2. In the cases not covered by Directive2006/123/EC, where a professionalestablished in a Member State carries outa professional activity under aprofessional title other than those referredto in paragraph 1 and within theframework of this Directive, a MemberState shall inform without delay otherMember States concerned and theCommission upon gaining actualknowledge of any conduct, specific actsor circumstances which is related to suchactivity and which could cause seriousdamage to the health or safety of personsor to the environment in another MemberState. That information shall not gobeyond what is strictly necessary toidentify the professional concerned andshall include the reference to the decisionof a competent authority prohibiting himor her from pursuing the professionalactivities. Other Member State mayrequest further information under theconditions set out in Articles 8 and 56.

2. In the cases not covered by Directive2006/123/EC, Where a professionalestablished in a Member State carries outa professional activity under aprofessional title other than those referredto in paragraph 1 and within theframework of this Directive, a MemberState shall inform without delay otherMember States concerned and theCommission upon gaining actualknowledge of any conduct, specific actsor circumstances which is related to suchactivity and which could cause seriousdamage to the health or safety of personsor to the environment in another MemberState, That information shall not gobeyond what is strictly necessary toidentify the professional concerned andshall include the reference to the decisionof a competent authority prohibiting himor her from pursuing the professionalactivities. Other Member States mayrequest further information under theconditions set out in Articles 8 and 56.

2. In the cases not covered by Directive2006/123/EC, Where a professionalestablished in a Member State carries outa professional activity under aprofessional title other than those referredto in paragraph 1 and within theframework of this Directive, a MemberState shall inform without delay otherMember States concerned and theCommission upon gaining actualknowledge of any conduct, specific actsor circumstances which is related to suchactivity and which could cause seriousdamage to the health or safety of personsor to the environment in another MemberState, That information shall not gobeyond what is strictly necessary toidentify the professional concerned andshall include the reference to the decisionof a competent authority prohibiting himor her from pursuing the professionalactivities. Other Member States mayrequest further information under theconditions set out in Articles 8 and 56.

2a. The competent authorities of aMember State shall inform thecompetent authorities of all other

2a. The competent authorities of aMember State shall inform, via theInternal Market Information System



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Member States and the Commissionabout the identity of professionals whohave applied for the recognition of aqualification under the Directive andwho have subsequently been found bycourts to have used falsified evidence ofprofessional qualifications in thiscontext.

(IMI) and at the latest within threedays from the date of adoption of thecourt decision, the competentauthorities of all other Member Statesand the Commission about the identityof professionals who have applied forthe recognition of a qualification underthe Directive and who havesubsequently been found by courts tohave used falsified evidence ofprofessional qualifications in thiscontext.

3. The processing of personal data of thepurpose of the exchange of informationaccording to paragraphs 1 and 2 shall becarried out in accordance with Directives95/46/EC and 2002/58/EC. Theprocessing of personal data by theCommission shall be carried out inaccordance with Regulation (EC) No45/2001.

3. The processing of personal data of thepurpose of the exchange of informationaccording to paragraphs 1 and 2 shall becarried out in accordance with Directives95/46/EC and 2002/58/EC. Theprocessing of personal data by theCommission shall be carried out inaccordance with Regulation (EC) No45/2001. In any event, the detailscontained in the alert shall be restrictedto the identity of the professional, thedate the alert was sent and, if applicable,length of restriction or prohibition. (AM141)

3 The processing of personal data for thepurpose of the exchange of informationreferred to in according to paragraphs 1and 2a shall be carried out in accordancewith Directives 95/46/EC and2002/58/EC. The processing of personaldata by the Commission shall be carriedout in accordance with Regulation (EC)No 45/2001.

3 The processing of personal data for thepurpose of the exchange of informationreferred to in according to paragraphs 1and 2a shall be carried out in accordancewith Directives 95/46/EC and2002/58/EC. The processing of personaldata by the Commission shall be carriedout in accordance with Regulation (EC)No 45/2001.

3a. The competent authorities of allMember States shall without delay beinformed when a prohibition or arestriction referred to in paragraph 1has expired. For this purpose, thecompetent authority of the MemberState which provides the informationaccording to paragraph 1 shall berequired to provide the date of expiry



153

as well as any subsequent change to thisdate.

3a. Alerts and their content receivedfrom other Member States, competentauthorities and professional bodies shallremain confidential unless data is madepublic in accordance with the nationallaw of the Member State sending thealert.

(AM 142)

4. Member States shall provide thatprofessionals on which alerts are sent toother Member States are informed inwriting of decisions on alerts at the sametime as the alert as such, may appeal tonational courts against the decision orapply for rectification of such decisionsand shall have access to remedies inrespect of any damage caused by falsealerts to other Member States and in suchcases the decision shall be qualified toindicate that it is subject to proceedingsby the professional.

4. Member States shall provide thatprofessionals on which alerts are sent toother Member States are informed inwriting of decisions on alerts at the sametime as the alert as such, may appealunder national law against the decisionor apply for rectification of such decisionsand shall have access to remedies inrespect of any damage caused by falsealerts to other Member States and in suchcases the decision on the alert shall bequalified to indicate that it is subject toproceedings by the professional.

4. Member States shall provide thatprofessionals on which alerts are sent toother Member States are informed inwriting of decisions on alerts at the sametime as the alert as such, may appealunder national law against the decisionor apply for rectification of such decisionsand shall have access to remedies inrespect of any damage caused by falsealerts to other Member States and in suchcases the decision on the alert shall bequalified to indicate that it is subject toproceedings by the professional.

4a. Data regarding alerts may onlyremain in IMI for as long as they arevalid.

(AM 143)

4a Data regarding alerts may beprocessed within IMI for as long asthey are valid. Alerts shall be deletedwithin three days from the date ofadoption of the revoking decision orfrom the expiry of the prohibition orrestrictions referred to in paragraph 1.

4a Data regarding alerts may beprocessed within IMI for as long asthey are valid. Alerts shall be deletedwithin three days from the date ofadoption of the revoking decision orfrom the expiry of the prohibition orrestrictions referred to in paragraph 1.



154

4b. Alerts shall be deleted within 24hours from the date of adoption of therevoking decision.

(AM 144)

5. The Commission shall adoptimplementing acts for the application ofthe alert mechanism. The implementingact shall include provisions on thecompetent authorities entitled to sendingand/or receiving alerts, oncomplementing the alerts with additionalinformation, on the withdrawal andclosure of alerts, on rights of access todata, ways of correcting the informationcontained in the alerts, and measures toensure the security of processing andretention periods. Those implementingacts shall be adopted in accordance withthe advisory procedure referred to inArticle 58.

5. The Commission shall adoptimplementing acts for the application ofthe alert mechanism. The implementingact shall include provisions on thecompetent authorities entitled to sendingand/or receiving alerts, on complementingthe alerts with additional information, onthe withdrawal and closure of alerts, onrights of access to data, ways ofcorrecting the information contained inthe alerts, and measures to ensure thesecurity of processing and retentionperiods. Those implementing acts shall beadopted in accordance with theexamination procedure referred to inArticle 58.

(AM 145)

5. The Commission shall adoptimplementing acts for the application ofthe alert mechanism. The implementingact shall include provisions on thecompetent authorities entitled to sendingand/or receiving alerts, on complementingthe alerts with additional information, onthe withdrawal and closure of alerts, onrights of access to data, ways ofcorrecting the information contained inthe alerts, and measures to ensure thesecurity of processing and retentionperiods. Those implementing acts shall beadopted in accordance with the advisoryexamination procedure referred to inArticle 58(2).

5. The Commission shall adoptimplementing acts for the application ofthe alert mechanism. The implementingact shall include provisions on thecompetent authorities entitled to sendingand/or receiving alerts, on complementingthe alerts with additional information, onthe withdrawal and closure of alerts, onrights of access to data, ways ofcorrecting the information contained inthe alerts, and measures to ensure thesecurity of processing and retentionperiods. Those implementing acts shall beadopted in accordance with the advisoryexamination procedure referred to inArticle 58(2).

Article 57 Central online access to information




"Article 57

Central online access to information

"Article 57


"Article 57


1. Member States shall ensure that the 1. Member States shall ensure that the 1. Without prejudice to the Member States shall ensure that the



155

following information is available onlineand regularly updated through the pointsof single contact:

following information is available onlineand regularly updated through thecompetent authorities or points of singlecontact, which shall have specialisedsupport staff to provide advice to citizens,including advice provided in person:

(AM 146)

allocation of functions and powersamong the authorities within thenational systems, Member States shallensure that the following information isavailable online through the points ofsingle contact and regularly updatedthrough the points of single contact:

following information is available onlinethrough the points of single contact andregularly updated through the points ofsingle contact

(a) a list of all regulated professionswithin the meaning of Article 3(1)(a) inthe Member State including contactdetails of the competent authorities foreach regulated profession and theassistance centre referred to in Article57b;

(b) a list of the professions for which aEuropean Professional Card is available,the functioning and the competentauthorities for issuing the card;

(c) a list of all professions for which theMember State applies Article 7(4) in thenational laws and regulation;

(d) a list of regulated education andtraining and training with a specialstructure, referred to in Article 11(c)(ii);

(e) all requirements, procedures andformalities referred to in this Directivefor each profession regulated in theMember State, including all related feesto be paid by citizens and documents tobe submitted by citizens;

a) a list of all regulated professions withinthe meaning of Article 3(1)(a) in theMember State including contact details ofthe competent authorities for eachregulated profession and the assistancecentre and points of single contactreferred to in Article 57b;

(AM 147)


(b) a list of the professions for whicha European Professional Card is available,the functioning, including all related feesto be paid by professionals, and thecompetent authorities for issuing the card;

(c) a list of all professions for whichthe Member State applies Article 7(4) inthe national laws and regulation;


(e) all the requirements andprocedures and formalities referred to inthis Directive under Articles 7, 50, 51and 53 for each the professions regulatedin the Member State, including all relatedfees to be paid by citizens and documentsto be submitted by citizens to competentauthorities;(f) how to appeal decisions madeunder this Directive of competent


(b) a list of the professions for whicha European Professional Card is available,the functioning, including all related feesto be paid by professionals, and thecompetent authorities for issuing the card;

(c) a list of all professions for whichthe Member State applies Article 7(4) inthe national laws and regulation;


(e) all the requirements andprocedures and formalities referred to inthis Directive under Articles 7, 50, 51and 53 for each the professions regulatedin the Member State, including all relatedfees to be paid by citizens and documentsto be submitted by citizens to competentauthorities;(f) how to appeal decisions madeunder this Directive of competent



156

(f) how to appeal decisions of competentauthorities under national laws andregulations.

authorities under national laws andregulations.

authorities under national laws andregulations.

2. Member States shall ensure that theinformation referred to in paragraph 1 isprovided in a clear and comprehensiveway for users, that it is easily accessibleat a distance and by electronic means andthat it is kept up to date.

2. Member States shall ensure that theinformation referred to in paragraph 1 isprovided in a clear and comprehensiveway for users, that it is easily accessible ata distance and by electronic means andthat it is updated as swiftly as possible.(AM 148)

2. Member States shall ensure thatthe information referred to in paragraph 1is provided in a clear and comprehensiveway for users, that it is easily accessible ata distance and by electronic means andthat it is kept up to date.

2. Member States shall ensure thatthe information referred to in paragraph 1is provided in a clear and comprehensiveway for users, that it is easily accessible ata distance and by electronic means andthat it is kept up to date.

3. Member States shall ensure that thepoints of single contact and thecompetent authorities respond as quicklyas possible to any request forinformation addressed to the point ofsingle contact. To this end, they may alsorefer such request for information to theassistance centers mentioned in Article57b and inform the citizen concerned.

3. Member States must ensure thatrequests for information addressed to thepoints of single contact and the competentauthorities are dealt with as quickly aspossible. To this end, they may also refersuch request for information to theassistance centers mentioned in Article57b and inform the citizen concerned.(AM 149)

3. Member States shall ensure thatthe points of single contact and thecompetent authorities respond as quicklyas possible to any request for informationaddressed to the point of single contact isreplied to as soon as possible. To thisend, they may also refer such request forinformation to the assistance centersmentioned in Article 57b and inform thecitizen concerned.

3. Member States shall ensure thatthe points of single contact and thecompetent authorities respond as quicklyas possible to any request for informationaddressed to the point of single contact isreplied to as soon as possible. To thisend, they may also refer such request forinformation to the assistance centersmentioned in Article 57b and inform thecitizen concerned.

4. Member States and the Commissionshall take accompanying measures inorder to ensure that points of singlecontact make the information providedfor in paragraph 1 available in otherofficial languages of the Union. This shallnot affect the legislation of MemberStates on the use of languages in theirterritory.

Does not affect English version.

(AM 150)

4. Member States and theCommission shall take accompanyingmeasures in order to encourageensurethat points of single contact make theinformation provided for in paragraph 1available in other official languages of theUnion. This shall not affect the legislationof Member States on the use of languagesin their territory.

4. Member States and theCommission shall take accompanyingmeasures in order to encourageensurethat points of single contact make theinformation provided for in paragraph 1available in other official languages of theUnion. This shall not affect the legislationof Member States on the use of languagesin their territory.



157

5. Member States shall cooperate witheach other and the Commission for thepurpose of implementing paragraph 1, 2and 4.".

5. Member States shall cooperatewith each other and the Commission forthe purpose of implementing paragraph 1,2 and 4.".

5. Member States shall cooperatewith each other and the Commission forthe purpose of implementing paragraph 1,2 and 4.".

Article 57a Procedures by electronic means

(44) The following Article 57a is inserted: (44) The following Article 57a isinserted:


"Article 57a

Procedures by electronic means

"Article 57a


"Article 57a


1. Member States shall ensure that allrequirements, procedures and formalitiesrelating to matters covered by thisDirective may be easily completed, at adistance and by electronic means, throughthe relevant point of single contact.

1. Member States shall ensure that allrequirements, procedures and formalitiesrelating to matters covered by thisDirective may be easily completed, at adistance and by electronic means, throughthe relevant point of single contact, if theyfall within the scope of Directive2005/36/EC.

(AM 151)

1. Without prejudice to theallocation of functions and powersamong the authorities within thenational systems, Member States shallensure that all requirements, proceduresand formalities relating to matters coveredby this Directive may be easilycompleted, at a distance and by electronicmeans, through the relevant point ofsingle contact or the relevant competentauthorities. This shall not preventcompetent authorities of MemberStates from requesting certified copiesat a later stage in case of justifieddoubts and where strictly necessary.

1. Member States shall ensure thatall requirements, procedures andformalities relating to matters covered bythis Directive may be easily completed, ata distance and by electronic means,through the relevant point of singlecontact or the relevant competentauthorities. This shall not preventcompetent authorities of MemberStates from requesting certified copiesat a later stage in case of justifieddoubts and where strictly necessary.

2. Paragraph 1 shall not apply to thecarrying out of an aptitude test or theadaptation period within the meaning ofArticle 14(1).





158

3. Where it is justified for Member Statesto ask for advanced electronic signatures,within the meaning of Directive1999/93/EC of the European Parliamentand of the Council(*) , for the completionof procedures referred to in paragraph 1,Member States shall accept electronicsignatures in compliance withCommission Decision 2009/767/EC(**)and provide for technical measures toprocess advanced e-signature formatsdefined by Commission Decision2011/130/EU(***).

----------------

(*) OJ L 13, 19.1.2000, p. 12.

(**) OJ L 274, 20.10.2009, p. 36.

(***) OJ L 53, 26.2.2011, p. 66.".

3. Where it is justified for Member Statesto ask for advanced electronic signatures,within the meaning of Directive1999/93/EC of the European Parliamentand of the Council,24 for the completion ofprocedures referred to in paragraph 1,Member States shall accept electronicsignatures in compliance withCommission Decision 2009/767/EC25 andprovide for technical measures to processadvanced e-signature formats defined byCommission Decision 2011/130/EU.26

3. Where it is justified for Member Statesto ask for advanced electronic signatures,within the meaning of Directive1999/93/EC of the European Parliamentand of the Council(*) , for the completionof procedures referred to in paragraph 1,Member States shall accept electronicsignatures in compliance withCommission Decision 2009/767/EC(**)and provide for technical measures toprocess advanced e-signature formatsdefined by Commission Decision2011/130/EU(***).

----------------

(*) OJ L 13, 19.1.2000, p. 12.

(**) OJ L 274, 20.10.2009, p. 36.

(***) OJ L 53, 26.2.2011, p. 66.".

4. All procedures shall be carried out inaccordance with the provisions ofDirective 2006/123/EC relating to thepoints of single contact. Any time limitsfor Member States to be complied withprocedures or formalities set out in thisDirective shall commence at the pointwhen an application has been submittedby a citizen to a point of single contact.

4. All procedures shall be carried out inaccordance with the provisions ofDirective 2006/123/EC relating to thepoints of single contact. Any time limitsfor Member States to be complied withprocedures or formalities set out in thisDirective shall commence at the pointwhen a complete application has beensubmitted by a citizen via a point of singlecontact to the competent authority. (AM152)

4. All procedures shall be carried out inaccordance with the provisions Article 8of Directive 2006/123/EC relating to thepoints of single contact. The proceduraltime limits mentioned in Articles 7(4)and 51 Any time limits for MemberStates to be complied with procedures orformalities set out in this Directive shallcommence at the point when anapplication or any missing document hasbeen submitted by a citizen to a point ofsingle contact or directly to the relevant

4. All procedures shall be carried out inaccordance with the provisions Article 8of Directive 2006/123/EC relating to thepoints of single contact. The proceduraltime limits mentioned in Articles 7(4)and 51 Any time limits for MemberStates to be complied with procedures orformalities set out in this Directive shallcommence at the point when anapplication or any missing document hasbeen submitted by a citizen to a point ofsingle contact or directly to the relevant

24 OJ L 13, 19.1.2000, p. 12.25 OJ L 274, 20.10.2009, p. 36.26 OJ L 53, 26.2.2011, p. 66.



159

competent authority. Any request forcertified copies referred to inparagraph 1 shall not be considered asa request for missing documents.

competent authority. Any request forcertified copies referred to inparagraph 1 shall not be considered asa request for missing documents.

Article 57b Assistance centres

(45) The following Article 57b is inserted: (45) The following Article 57b isinserted:

(45) The following Article 57b isinserted:

"Article 57b

Assistance centres

"Article 57b

Assistance centres

"Article 57b

Assistance centres

1. Each Member State shall designate, nolater than [insert date – transpositiondeadline] an assistance centre whoseremit shall be to provide citizens andcentres of the other Member States withassistance concerning the recognition ofprofessional qualifications provided for inthis Directive, including information onthe national legislation governing theprofessions and the pursuit of thoseprofessions, social legislation, and, whereappropriate, the rules of ethics.

1. Each Member State shall designateby...* an assistance centre whose remitshall be to provide citizens and centres ofthe other Member States with assistanceconcerning the recognition of professionalqualifications provided for in thisDirective, including information on thenational legislation governing theprofessions and the pursuit of thoseprofessions, social legislation, and, whereappropriate, the rules of ethics. Inaddition, where the Member Statesconsider it appropriate, the assistancecentres may provide support services forthe competent authority during thepreliminary stage in preparing thedocumentation required in order toobtain the Professional Card andprocessing that documentation inaccordance with Articles 4a(5) and4b(2a). (AM 153)

1.Each Member State shall designate, nolater than [insert date – transpositiondeadline] an assistance centre whose remitshall be to provide citizens, as well ascentres of the other Member States, withassistance concerning the recognition ofprofessional qualifications provided for inthis Directive, including information onthe national legislation governing theprofessions and the pursuit of thoseprofessions, social legislation, and, whereappropriate, the rules of ethics.

1.Each Member State shall designate, nolater than [insert date – transpositiondeadline] an assistance centre whose remitshall be to provide citizens, as well ascentres of the other Member States, withassistance concerning the recognition ofprofessional qualifications provided for inthis Directive, including information onthe national legislation governing theprofessions and the pursuit of thoseprofessions, social legislation, and, whereappropriate, the rules of ethics.



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__________________

* OJ: please insert the date: two yearsafter the entry into force of thisDirective.

2. The assistance centres in host MemberStates shall assist citizens in exercisingthe rights conferred on them by thisDirective, in cooperation, whereappropriate, with the assistance centre inthe home Member State and thecompetent authorities and the points ofsingle contact in the host Member State.

2. The assistance centres in hostMember States shall assist citizens inexercising the rights conferred on them bythis Directive, in cooperation, whereappropriate, with the assistance centre inthe home Member State and thecompetent authorities and the points ofsingle contact in the host Member State.

2. The assistance centres in host MemberStates shall assist citizens in exercisingthe rights conferred on them by thisDirective, in cooperation, whereappropriate, with the assistance centre inthe home Member State and thecompetent authorities and the points ofsingle contact in the host Member State.

3. Any competent authority in the hostMember State shall be required to fullycooperate with an assistance centre in thehost Member State and provideinformation about individual cases tosuch assistance centres in the hostMember States upon their request.

3. Any competent authority in thehome or host Member State shall berequired to fully cooperate with theanassistance centre in the host Member Stateand where appropriate the homeMember State, and provide all relevantinformation about individual cases to suchassistance centres in the host MemberStates upon their request and subject todata protection rules in accordancewith Directives 95/46/EC and2002/58/EC.".

3. Any competent authority in thehome or host Member State shall berequired to fully cooperate with theanassistance centre in the host Member Stateand where appropriate the homeMember State, and provide all relevantinformation about individual cases to suchassistance centres in the host MemberStates upon their request and subject todata protection rules in accordancewith Directives 95/46/EC and2002/58/EC.".

4. At the Commission’s request, theassistance centres shall inform theCommission concerning enquiries withwhich the Commission is dealing withintwo months after receiving such arequest.".





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Article 58 Committee procedure




"Article 58

Committee procedure

"Article 58

Committee procedure

"Article 58

Committee procedure

1. The Commission shall be assisted by aCommittee on the recognition ofprofessional qualifications. ThatCommittee shall be a committee withinthe meaning of Regulation (EU) No182/2011.

1. The Commission shall be assisted by aCommittee on the recognition ofprofessional qualifications, ensuringappropriate representation andconsultation at both Union and nationalexpert level. That Committee shall be acommittee within the meaning ofRegulation (EU) No 182/2011.

(AM 154)



2. Where reference is made to thisparagraph, Article 4 of Regulation (EU)No 182/2011 shall apply."

2. Where reference is made to thisparagraph, Article 4 5 of Regulation (EU)No 182/2011 shall apply.

2. Where reference is made to thisparagraph, Article 4 5 of Regulation (EU)No 182/2011 shall apply.

Article 58a Exercise of the delegation

(47) The following Article 58a is inserted: (47) The following Article 58a is inserted: (47) The following Article 58a is inserted:

"Article 58a

Exercise of the delegation

"Article 58a


"Article 58a


1. The power to adopt delegated acts isconferred on the Commission subject to





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the conditions laid down in this Article. the conditions laid down in this Article the conditions laid down in this Article.

1a. When drawing up delegated acts, theCommission shall endeavour to consultthe relevant stakeholders, which mayinclude competent authorities,professional associations, scientificorganisations, academia and socialpartners.

(AM 155)

Statement by the CommissionThe Commission will, when preparing thedelegated acts referred to in Article58a(2), ensure a simultaneous, timely andappropriate transmission of relevantdocuments to the European Parliamentand the Council, and will carry outappropriate and transparent consultationswell in advance, in particular with expertsfrom competent authorities and bodies,professional associations and educationalestablishments of all the Member States,and where appropriate with experts fromsocial partners."

GREEN Deemed covered by statementby the EC to be published immediatelyafter the amending Directive in the OJ

2. The power to adopt delegated actsreferred to in Articles 3(2), 4a(7), 4b(2),20, 21a(3), 24(4), 25(5), 26(2), 31(2),31(7), 34(2), 34(4), 35(4), 38(1), 38(4),40(1), 40(4), 44(2), 44(4), 46(4) 49a(3)and 49b(3) shall be conferred on theCommission for an indeterminate periodof time from [insert the date - date ofentry into force of the amendingDirective].

2. The power to adopt delegatedacts referred to in Articles 3(2), 4a(7)4b(2), 20, 21(6), 21a(3), 24(4), 25(5),26(2), 31(2), 31(7), 34(2), 34(4), 35(4),35(5), 38(1), 38(4), 40(1), 40(4), and44(2), 44(4), 46(4)49a(3) and 49b(3) shallbe conferred on the Commission for aperiod of 5 years an indeterminate periodof time from the [insert the date - date ofentry into force of the amendingDirective] The Commission shall drawup a report in respect of the delegationof power not later than nine monthsbefore the end of the 5-year period. Thedelegation of power shall be tacitlyextended for periods of an identical

The Commission shall draw up a reportin respect of the delegation of powernot later than nine months before theend of the 5-year period. The delegationof power shall be tacitly extended forperiods of an identical duration, unlessthe European Parliament or theCouncil opposes such extension notlater than three months before the endof each period.



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duration, unless the EuropeanParliament or the Council opposes suchextension not later than three monthsbefore the end of each period.

3. The delegation of power referred to inArticles 3(2), 4a(7), 4b(2), 20, 21a(3),24(4), 25(5), 26(2), 31(2), 31(7), 34(2),34(4), 35(4), 38(1), 38(4), 40(1), 40(4),44(2), 44(4), 46(4), 49a(3) and 49b(3)may be revoked at any time by theEuropean Parliament or by the Council. Adecision to revoke shall put an end to thedelegation of the power specified in thatdecision. It shall take effect the dayfollowing the publication of the decisionin the Official Journal of the EuropeanUnion or at a later date specified therein.It shall not affect the validity of anydelegated acts already in force.

3. The delegation of power toadopt delegated acts referred to inArticles 3(2), 4a(7) 4b(2), 20, 21(6),21a(3), 24(4), 25(5), 26(2), 31(2), 31(7),34(2), 34(4), 35(4), 35(5), 38(1), 38(4),40(1), 40(4), and 44(2), 44(4),46(4)49a(3) and 49b(3) may be revoked atany time by the European Parliament orby the Council. A decision to revoke shallput an end to the delegation of the powerspecified in that decision. It shall takeeffect the day following the publication ofthe decision in the Official Journal of theEuropean Union or at a later datespecified therein. It shall not affect thevalidity of any delegated acts already inforce.

4. As soon as it adopts a delegated act,the Commission shall notify itsimultaneously to the EuropeanParliament and to the Council.

4. As soon as it adopts a delegated act, theCommission shall notify it simultaneouslyto the European Parliament and to theCouncil.

4. As soon as it adopts a delegated act,the Commission shall notify itsimultaneously to the EuropeanParliament and to the Council.

5. A delegated act adopted pursuant toArticles 3(2), 4a(7), 4b(2), 20, 21a(3),24(4), 25(5), 26(2), 31(2), 31(7), 34(2),34(4), 35(4), 38(1), 38(4), 40(1), 40(4),44(2), 44(4), 46(4), 49a(3) and 49b(3)shall enter into force only if no objectionhas been expressed either by theEuropean Parliament or the Council

5. A delegated act adopted pursuantto Articles 3(2), 4a(7) 4b(2), 20, 21(6) ,21a(3), 24(4), 25(5), 26(2), 31(2), 31(7),34(2), 34(4), 35(4), 35(5), 38(1), 38(4),40(1), 40(4), and 44(2), 44(4), 46(4),49a(3) and 49b(3) shall enter into forceonly if no objection has been expressedeither by the European Parliament or the



164

within a period of two months ofnotification of that act to the EuropeanParliament and the Council or if, beforethe expiry of that period, the EuropeanParliament and the Council have bothinformed the Commission that they willnot object. That period shall be extendedby two months at the initiative of theEuropean Parliament or of the Council.".

Council within a period of two months ofnotification of that act to the EuropeanParliament and the Council or if, beforethe expiry of that period, the EuropeanParliament and the Council have bothinformed the Commission that they willnot object. That period shall be extendedby two months at the initiative of theEuropean Parliament or of the Council.".

Article 59 Transparency




"Article 59

Transparency

"Article 59

Transparency

"Article 59

Transparency

1. Member States shall notify to theCommission a list of existing regulatedprofessions according to their nationallaw by [insert date – end of transpositionperiod]. Any change to this list ofregulated professions shall also benotified to the Commission withoutdelay. The Commission shall set up andmaintain a publicly available databasefor such information.

1. Member States shall notify to theCommission a list of existing regulatedprofessions in their territory by ...*. Anychange to this list of regulated professionsshall also be notified to the Commissionwithout delay. The Commission shall setup and maintain a publicly availabledatabase of regulated professions,including general description ofactivities covered by each profession.

(AM 156)

__________________

* OJ: please insert the date: one yearafter the entry into force of this Directive

1. Member States shall notify to theCommission a list of existing regulatedprofessions and a list of regulatededucation and training and trainingwith a special structure, referred to inArticle 11(c) (ii), in their territoryaccording to their national law by [insertdate – end of transposition period]. Anychange to these lists of regulatedprofessions shall also be notified to theCommission without undue delay. TheCommission shall set up and maintain apublicly available database for suchinformation.

1. Member States shall notify to theCommission a list of existing regulatedprofessions, specifying the activitiescovered by each profession, and a list ofregulated education and training andtraining with a special structure,referred to in Article 11(c) (ii), in theirterritory according to their national lawby [insert date – end of transpositionperiod]. Any change to these lists ofregulated professions shall also benotified to the Commission withoutundue delay. The Commission shall setup and maintain a publicly availabledatabase of regulated professions,including general description ofactivities covered by each profession.



165

1a. By [insert date - end oftransposition period], Member Statesshall notify to the Commission the listof professions for which a prior checkof qualifications is necessary underArticle 7(4). Member States shallprovide the Commission with a specificjustification for the inclusion of each ofthose professions in the list.

1a. By [insert date - end oftransposition period], Member Statesshall notify to the Commission the listof professions for which a prior checkof qualifications is necessary underArticle 7(4). Member States shallprovide the Commission with a specificjustification for the inclusion of each ofthose professions in the list.

2. Member States shall examine whetherunder their legal system requirementsrestricting the access to a profession or itspursuit to the holders of a specificprofessional qualification, including theuse of professional titles and theprofessional activities allowed under suchtitle, is compatible with the followingprinciples:

(a) requirements must be neither directlynor indirectly discriminatory according tothe nationality nor the residence;

(b) requirements must be justified by anoverriding reason relating to a publicinterest;

(c) requirements must be suitable forsecuring the attainment of the objectivespursued and must not go beyond what isnecessary to attain the objective.

(b) requirements must be justified by anoverriding reasons of general interest;(AM 157)

2. Member States shall examinewhether under their legal systemrequirements under their legal systemrestricting the access to a profession or itspursuit to the holders of a specificprofessional qualification, including theuse of professional titles and theprofessional activities allowed under suchtitle referred to in this Article as"requirements" are is compatible withthe following principles:

(a) requirements must be neitherdirectly nor indirectly discriminatory onthe basis of according to the nationalitynor the residence;

(b) requirements must be justified byan overriding reason relating to a thepublic interest;


2. Member States shall examinewhether under their legal systemrequirements under their legal systemrestricting the access to a profession or itspursuit to the holders of a specificprofessional qualification, including theuse of professional titles and theprofessional activities allowed under suchtitle referred to in this Article as"requirements" are is compatible withthe following principles:

(a) requirements must be neitherdirectly nor indirectly discriminatory onthe basis of according to the nationalitynor the residence;

(b) requirements must be justified byan overriding reasons of general interest;




166

nn3. Paragraph 1 shall also apply toprofessions regulated in a Member Stateby an association or organisation withinthe meaning of Article 3(2) and anyrequirements related to the need formembership.

3. Paragraph 1 shall also apply toprofessions regulated in a Member Stateby an association or organisation withinthe meaning of Article 3(2) and anyrequirements related to the need formembership of those associations ororganisations.

3. Paragraph 1 shall also apply toprofessions regulated in a Member Stateby an association or organisation withinthe meaning of Article 3(2) and anyrequirements related to the need formembership of those associations ororganisations.

4. By [insert date - end of transpositionperiod], Member States shall provideinformation on the requirements theyintend to maintain and the reasons forconsidering that their requirementscomply with paragraph 2. Member Statesshall provide information on therequirements they subsequentlyintroduced and the reasons forconsidering that those requirementscomply with paragraph 2 within sixmonths of the adoption of the measure.

4. By [insert date - end of transpositionperiod], Member States shall provideinformation on the requirements theyintend to maintain and the reasons forconsidering that those requirementscomply with paragraph 2. Member Statesshall provide information on therequirements they subsequentlyintroduced and the reasons for consideringthat those requirements comply withparagraph 2 within six months of theadoption of the measure.

4. By [insert date - end of transpositionperiod], Member States shall provideinformation on the requirements theyintend to maintain and the reasons forconsidering that those requirementscomply with paragraph 2. Member Statesshall provide information on therequirements they subsequentlyintroduced and the reasons for consideringthat those requirements comply withparagraph 2 within six months of theadoption of the measure.

5. By [insert date - end of transpositionperiod], and every two years thereafter,Member States shall also provide a reportabout the requirements which have beenremoved or made less stringent.



6. The Commission shall forward thereports to the other Member States whichshall submit their observations within sixmonths. Within the same period, theCommission shall consult interestedparties, including the professionsconcerned.





167

7. The Commission shall provide asummary report based on the informationprovided by Member States to the Groupof Coordinators established underCommission Decision No 2007/172/EC*,which may make observations.

----------------

(*) OJ L 79, 20.3.2007, p. 38.".

7. The Commission shall provide asummary report based on the informationprovided by Member States to the Groupof Coordinators established underCommission Decision No 2007/172/EC27,which may make observations.

7. The Commission shall provide asummary report based on the informationprovided by Member States to the Groupof Coordinators established underCommission Decision No 2007/172/EC*,which may make observations.

----------------

(*) OJ L 79, 20.3.2007, p. 38.".

8. In light of the observations providedfor in paragraphs 6 and 7, theCommission shall [insert date – one yearafter end of transposition period] submitits final findings to the Council and to theEuropean Parliament, accompaniedwhere appropriate by proposals forfurther initiatives

8. In light of the observations provided forin paragraphs 6 and 7, the Commissionshall [insert date – one year after end oftransposition period] submit its finalfindings to the Council and to theEuropean Parliament, accompanied whereappropriate by proposals for furtherinitiatives

8. In light of the observations providedfor in paragraphs 6 and 7, theCommission shall [insert date – one yearafter end of transposition period] submitits final findings to the Council and to theEuropean Parliament, accompaniedwhere appropriate by proposals forfurther initiatives

Article 60 Reports(48a) In Article 60(1) the followingsubparagraph is added:"As from [insert the date] that statisticalsummary of decisions taken shall alsoinclude decisions to reject partial accessadopted in accordance with Article4f(2)."(AM 158)

1. As from 20 October 2007, MemberStates shall, every two years, send a reportto the Commission on the application ofthe system. In addition to generalobservations, the report shall containdetailed information on the numberand types a statistical summary ofdecisions taken and a description of themain problems arising from theapplication of this Directive.As from [2 years after the entry intoforce] the report on the number andtypes of decisions taken shall alsoinclude the number and types ofdecisions on partial access taken by

27 OJ L 79, 20.3.2007, p. 38.



168

competent authorities in accordancewith Article 4f.

(48b) In Article 60, the followingparagraphs are added:

"3. The Commission shall draw a reporton the European Professional Card asan instrument for mobility, not later than...*.That report, if appropriate, may beaccompanied with the legislativeproposal.

4. By ...**, the Commission shall adopt alegislative proposal providing for analignment with the five levels providedfor in Article 11 with the eight levels ofthe European Qualifications Frameworkas well as incorporation of the ECTSinto the Union acquis.

5. By ...***, the Commission shall submita report on whether the specificprovisions contained in Article 33(3) andArticle 33a should be maintained.

6. As from ...**** and every three yearsthereafter, the Commission shall reportto the European Parliament and theCouncil on the results of the periodicreview of the provisions of Annex V ofthis Directive, in accordance with theobjectives and adaptation requirementsprovided for in Article 24(4), Article25(5), Article 26(2), Article 31(2) and (7),Article 34(2) and (4), Article 35(4),Article 38(1) and (4), Article 40(1) and(4), Article 44(2) and (4), and Article46(4)."

________________________



169

* OJ: please insert the date: three yearsafter the entry into force of thisDirective.

** OJ: please insert the date: two yearsafter the entry into force of this Directive

*** OJ: please insert the date: two yearsafter the entry into force of this Directive

**** OJ: please insert the date: date ofentry into force of this Directive


(49) In Article 60, the followingparagraphs 3 and 4 are inserted:

“ 3. On [insert the date - four yearsafter the entry into force] at the latest,the Commission shall publish a reporton the results of the special upgradingprogramme laid down under Romanianlegislation or regulations for holders ofthe evidence of formal qualificationsmentioned in Article 33a, as well as forholders of evidence of formalqualifications of post-secondary level,with a view to assessing the need toreview the current provisionsgoverning the acquired rights regimeapplicable to the Romanian evidence offormal qualifications as nurseresponsible for general care.

“ 4. The Commission shallpublish a report on the functioning ofthe European Professional Card for theprofessions selected according toArticle 4a(6) within two years after theadoption of the first implementing actintroducing the card for a given


2. On [five years after the entry intoforce] at the latest, and every five yearsthereafter, the Commission shallpublish a report on the implementationof this Directive.

The first such report shall focus inparticular on the new elementsintroduced in this Directive andconsider in particular the followingissues:

- the functioning of theEuropean Professional Card;

- the modernisation of theknowledge, skills andcompetences for the professionscovered by Chamter III of TitleIII, including the list ofcompetences referred to in



170

profession. Article 31(7);

- the functioning of the CommonTraining Frameworks and Tests

- the results of the specialupgrading programme laiddown under Romanianlegislation or regulations forholders of the evidence of formalqualifications mentioned inArticle 33a, as well as forholders of evidence of formalqualifications of post-secondarylevel, with a view to assessing theneed to review the currentprovisions governing theacquired rights regimeapplicable to the Romanianevidence of formal qualificationsas nurse responsible for generalcare.

Member States shall provide allnecessary information for thepreparation of this report.

Article 61 Derogation clause


"Where appropriate, the Commissionshall adopt an implementing decision to







171

permit the Member State in question toderogate from the relevant provision for alimited period of time.".



(50) Annexes II and III are deleted. (51) Annexes II and III are deleted (51) Annexes II and III are deleted.

(51) In point 1 of Annex VII, thefollowing point (g) is added:

(52) In point 1 of Annex VII, the

following point (g) is added:

(52) In point 1 of Annex VII, thefollowing point (g) is added:

"(g) where the Member State requires sofor its own nationals, evidence of neithertemporary suspension from exercising theprofession nor criminal convictions.".

"(g) where the Member State requires sofor its own nationals, evidence of neithertemporarysuspension from exercising theprofession nor criminal convictions.".

"(g) where the Member State requires sofor its own nationals, evidence of neithertemporary suspension from exercising theprofession nor criminal convictions.".

Article 2

Amendment to [IMI Regulation]

Article 2

Amendment to Regulation (EU) No1024/2012 on administrativecooperation through the InternalMarket Information System andrepealing Commission Decision2008/49/EC ('the IMI Regulation')

Article 2Amendment to Regulation (EU) No1024/2012 on administrativecooperation through the InternalMarket Information System andrepealing Commission Decision2008/49/EC ('the IMI Regulation')

Point 2 of Annex I to [IMI Regulation] isreplaced by the following:

Point 2 of Annex I to the IMI Regulationis replaced by the following:

Point 2 of Annex I to the IMI Regulationis replaced by the following:

"2. Directive 2005/36/EC of the EuropeanParliament and of the Council(*): Articles4a to 4e, Article 8, Article 21a, Article 50,Article 51, Article 56 and Article 56a.

"2. Directive 2005/36/EC of theEuropean Parliament and of the Council28:Articles 4a to 4e, Article 8, Article 21a,Article 50, Article 51, Article 56 andArticle 56a.".

28 OJ L 255, 30.09.2005, p. 22.



172

----------------

(*) OJ L 255, 30.09.2005, p. 22.".

Article 3

Transposition

Article 3

Transposition

Article 3

Transposition

1. Member States shall bring into forcethe laws, regulations and administrativeprovisions necessary to comply with thisDirective by [insert the date – two yearsafter the entry into force] at the latest.They shall forthwith communicate to theCommission the text of those provisions.

When Member States adopt thoseprovisions, they shall contain a referenceto this Directive or be accompanied bysuch a reference on the occasion of theirofficial publication. Member States shalldetermine how such reference is to bemade.

1. Member States shall bring intoforce the laws, regulations andadministrative provisions necessary tocomply with this Directive by [insert thedate – two years after the entry intoforce] at the latest.

1a. Any Member State which, onthe day of the entry into force of thisDirective, provides access to training asa midwife for route I under Article40(2) of the Directive after completionof at least the first 10 years of generalschool education, shall bring into forcethe laws, regulations andadministrative provisions necessary tocomply with the admissionrequirements of training as a midwifeunder Article 40(2) point (a) of theDirective as amended by this Directive[insert the date – 7 years after the entryinto force] at the latest.

1b. Member States They shallforthwith communicate to theCommission the text of those provisionsreferred to in paragraphs 1 and 1a.

When Member States adoptthose provisions referred to inparagraphs 1 and 1a, they shall containa reference to this Directive or be

1. Member States shall bring intoforce the laws, regulations andadministrative provisions necessary tocomply with this Directive by [insert thedate – two years after the entry intoforce] at the latest.

1a. Any Member State which, onthe day of the entry into force of thisDirective, provides access to training asa midwife for route I under Article40(2) of the Directive after completionof at least the first 10 years of generalschool education, shall bring into forcethe laws, regulations andadministrative provisions necessary tocomply with the admissionrequirements of training as a midwifeunder Article 40(2) point (a) of theDirective as amended by this Directive[insert the date – 4 years after the dateforeseen in Art 3,1] at the latest.

1b. Member States They shallforthwith communicate to theCommission the text of those provisionsreferred to in paragraphs 1 and 1a.

When Member States adoptthose provisions referred to inparagraphs 1 and 1a, they shall containa reference to this Directive or be



173

accompanied by such a reference on theoccasion of their official publication.Member States shall determine how suchreference is to be made.

accompanied by such a reference on theoccasion of their official publication.Member States shall determine how suchreference is to be made

2. Member States shall communicate tothe Commission the text of the mainprovisions of national law which theyadopt in the field covered by thisDirective.



Article 4

Entry into force

Article 4

Entry into force

Article 4

Entry into force

This Directive shall enter into force on thetwentieth day following that of itspublication in the Official Journal of theEuropean Union

This Directive shall enter into force on thetwentieth day following that of itspublication in the Official Journal of theEuropean Union.

This Directive shall enter into force on thetwentieth day following that of itspublication in the Official Journal of theEuropean Union.

Article 5

Addressees

Article 5

Addressees

Article 5

Addressees

This Directive is addressed to the MemberStates.



Done at Brussels, 19.12.2011 Done at Brussels, Done at Brussels,

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