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S.I. No. 8/2017 - European Union (Recognition of Professional Qualifications) Regulations 2017.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2017 S.I. No. 8/2017 - European Union (Recognition of Professional Qualifications) Regulations 2017. S.I. No. 8/2017 - European Union (Recognition of Professional Qualifications) Regulations 2017. AmendmentsLeasuithe Download PDF Íoslódáil PDF ARRANGEMENT OF REGULATIONS Part 1 Preliminary Regulation 1. Citation. 2. Commencement. 3. Interpretation. 4. Scope of Regulations. Part 2 Competent authorities, national co-ordination and assistance centre 5. Designation of competent authorities in State. 6. Functions of competent authorities. 7. National co-ordination. 8. Assistance centre. Part 3 Effects of recognition 9. General effect of recognition. 10. Partial access. Part 4 Free provision of services on temporary and occasional basis 11. Principle of free provision of services. 12. Exemptions, requirements and revocations in relation to free provision of services. 13. Declaration to be made in advance. 14. Use of professional title when providing temporary and occasional services. 15. Checking of professional qualifications. 16. Administrative co-operation. 17. Information to be given to recipients of service. Part 5 General system for recognition of evidence of training 18. Scope of Part 5. 19. Levels of qualification. 20. Equal treatment of qualifications. 21. Conditions for recognition. 22. Compensation measures. 23. Adaptation period. 24. Aptitude test. Part 6 Automatic recognition of professional experience in craft, commerce and industry sectors 25. Scope of Part 6. 26. Automatic recognition of professional experience. 27. Activities referred to in list I of Annex IV to Directive. 28. Activities referred to in list II of Annex IV to Directive. 29. Activities referred to in list III of Annex IV to Directive. Part 7 Automatic recognition — doctors of medicine 30. Automatic recognition of doctors. 31. Training of doctors. 32. Access to and pursuit of professional activities of doctors. 33. Acquired rights specific to specialised doctors. 34. Acquired rights specific to general practitioners. Part 8 Automatic recognition — nurses responsible for general care 35. Automatic recognition of nurses responsible for general care. 36. Training of nurses responsible for general care. 37. Access to and pursuit of professional activities of nurses responsible for general care. 38. Acquired rights specific to nurses responsible for general care. Part 9 Automatic recognition — dental practitioners 39. Automatic recognition of dental practitioners. 40. Dental training. 41. Access to and pursuit of professional activities of dental practitioners. 42. Acquired rights specific to dental practitioners. Part 10 Automatic recognition — veterinary surgeons 43. Automatic recognition of veterinary surgeons. 44. Training of veterinary surgeons. 45. Access to and pursuit of professional activities of veterinary surgeons. 46. Acquired rights specific to veterinary surgeons. Part 11 Automatic recognition — midwives 47. Automatic recognition of midwives. 48. Training of midwives. 49. Access to and pursuit of professional activities of midwife. 50. Procedures for recognition of evidence of formal qualifications as midwife. 51. Acquired rights specific to midwives. Part 12 Automatic recognition — pharmacists 52. Automatic recognition of pharmacists. 53. Training of pharmacists. 54. Access to and pursuit of professional activities of pharmacists. 55. Acquired rights specific to pharmacists. Part 13 Automatic recognition — architects 56. Automatic recognition of architects. 57. Training of architects. 58. Pursuit of professional activities of architect. 59. Acquired rights specific to architects. Part 14 Automatic recognition — common acquired rights 60. Training begun before reference dates. 61. German Democratic Republic. 62. Czech Republic and Slovakia. 63. Estonia, Latvia and Lithuania. 64. Slovenia and Croatia. 65. Different title for qualification. Part 15 Applications for recognition of professional qualifications 66. Scope of Part 15. 67. Applications procedure. 68. Documentation and formalities. 69. Justified doubts. 70. Exchange of information. 71. Recognition of professional traineeship. Part 16 European Professional Card 72. Scope of Part 16. 73. Designation of competent authorities for European Professional Card applications. 74. Purpose and effect of European Professional Card. 75. Application for European Professional Card — general provisions. 76. European Professional Card for temporary and occasional services in other Member States without prior check. 77. European Professional Card for temporary and occasional services in State without prior check. 78. European Professional Card for establishment, or temporary and occasional services with prior check, in other Member States. 79. European Professional Card for establishment, or temporary and occasional services with prior check, in State. 80. Processing and access to data regarding European Professional Card. Part 17 Revocation of documents, reversal of decisions and appeals 81. Revocation of document by competent authority. 82. Reversal of recognition decision. 83. Appeals. Part 18 Pursuit of profession 84. Use of professional titles. 85. Knowledge of languages. 86. Use of academic titles. Part 19 Alerts 87. Alert mechanism. Part 20 Electronic processing and fees 88. Procedures by electronic means. 89. Charging of fees by competent authority. Part 21 Revocations, amendments and transitional arrangements 90. Revocations. 91. Amendment of Pharmacy Act 2007. 92. Amendment of Health and Social Care Professionals Act 2005. 93. Amendment of Nurses and Midwives Act 2011. 94. Amendment of Dentists Act 1985. 95. Amendment of Medical Practitioners Act 2007. 96. Transitional measures. Schedule 1 REGULATED PROFESSIONS AND COMPETENT AUTHORITIES Schedule 2 PROFESSIONS IN WHICH COMPETENT AUTHORITIES ARE REQUIRED TO PROVIDE FOR AUTOMATIC TEMPORARY REGISTRATION IN ACCORDANCE WITH REGULATION 12

(2)Schedule 3 PROFESSIONS WHICH HAVE PUBLIC HEALTH OR SAFETY IMPLICATIONS AND IN RESPECT OF WHICH COMPETENT AUTHORITIES MAY CHECK PROFESSIONAL QUALIFICATIONS PRIOR TO FIRST PROVISION OF SERVICES ON TEMPORARY AND OCCASIONAL BASIS Schedule 4 LEVELS OF QUALIFICATION UNDER GENERAL SYSTEM FOR RECOGNITION OF EVIDENCE OF TRAINING Schedule 5 PROFESSIONS AND PROFESSIONAL ACTIVITIES WHOSE PURSUIT REQUIRES PRECISE KNOWLEDGE OF NATIONAL LAW AND IN RESPECT OF WHICH THE PROVISION OF ADVICE OR ASSISTANCE CONCERNING NATIONAL LAW IS AN ESSENTIAL AND CONSTANT ASPECT OF THE PROFESSIONAL ACTIVITY Schedule 6 PROFESSIONS AND COMPETENT AUTHORITIES TO WHICH PART 9 (EUROPEAN PROFESSIONAL CARD) APPLIES S.I. No. 8 of 2017 EUROPEAN UNION (RECOGNITION OF PROFESSIONAL QUALIFICATIONS) REGULATIONS 2017 Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 20th January,
  1. I, RICHARD BRUTON, Minister for Education and Skills, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051 , as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 20132 and Commission Delegated Decision (EU) 2016/790 of 13 January 20163 , and for the purpose of giving full effect to Commission Implementing Regulation (EU) 2015/983 of 24 June 20154 , and for the purpose of giving effect to Article 49 of the Treaty on the Functioning of the European Union in so far as that Article relates to the recognition of pharmacist qualifications, hereby make the following regulations: Part 1 Preliminary Citation
  2. These Regulations may be cited as the European Union (Recognition of Professional Qualifications) Regulations
  3. Commencement
  4. These Regulations come into operation on 17th day of January
  5. Interpretation 3.
(1)In these Regulations— “adaptation period” has the meaning assigned to it in Regulation 23; “aptitude test” has the meaning assigned to it in Regulation 24; “competent authority” means— (
  1. a)in the State, the authority designated as competent authority for a profession or professions under Regulation 5, or (
  2. b)in another Member State, any authority or body empowered by that Member State specifically to issue or receive training diplomas and other documents or information and to receive the applications, and take the decisions, referred to in the Directive; “Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051, as amended by Council Directive 2006/100/EC of 20 November 20065 , Commission Regulation (EC) No. 1430/2007 of 5 December 20076 , Commission Regulation (EC) No. 755/2008 of 31 July 20087 , Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20088 , Commission Regulation (EC) No. 279/2009 of 6 April 20099 , Commission Regulation (EU) No. 213/2011 of 3 March 201110 , Act concerning the accession of the Republic of Croatia11 , Commission Regulation (EU) No. 623/2012 of 11 July 201212 , Council Directive 2013/25/EU of 13 May 201313 , Directive 2013/55/EU of the European Parliament and of the Council of 20 November 20132 and Commission Delegated Decision (EU) 2016/790 of 13 January 20163; “ECTS” means the European Credit Transfer and Accumulation System, the credit system for higher education used in the European Higher Education Area; “eligible person” means— (
  3. a)a national of a Member State, (
  4. b)a family member of a national of a Member State, as defined in Article 2
(2)of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 200414 , who has been given the right of residence or permanent residence in the State pursuant to that directive, or (
  1. c)a person granted refugee or subsidiary protection status in the State under Council Directive 2004/83/EC of 29 April 200413, or a dependent family member of such person; “European Professional Card” means an electronic certificate proving either— (
  2. a)that the professional has met all the necessary conditions to provide services in a host Member State on a temporary and occasional basis in a particular profession, or (
  3. b)the recognition of professional qualifications for establishment in a host Member State; “evidence of formal qualifications” means diplomas, certificates and other evidence issued by an authority in a Member State designated pursuant to legislative, regulatory or administrative provisions in that Member State and certifying successful completion of professional training obtained mainly in the European Union and, where a qualification has been obtained in a state which is not a Member State, in compliance with Regulation 4
(1)(b); “home Member State” means a Member State in which a person obtained his or her professional qualification or in which he or she is legally established for the purpose of pursuing his or her profession; “host Member State” means the Member State in which a person wishes to pursue professional activity pursuant to the Directive; “IMI” means the Internal Market Information System established by Regulation (EU) No. 1024/2012 of the European Parliament and of the Council of 25 October 201215 ; “Implementing Regulation” means Commission Implementing Regulation (EU) 2015/983 of 24 June 20154; “lifelong learning” means all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences, which may include professional ethics; “manager of an undertaking” means any person who in an undertaking in the occupational field in question has pursued an activity: (a) as a manager of an undertaking or a manager of a branch of an undertaking; or (b) as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or in a managerial post with duties of a commercial and/or technical nature and with responsibility for one or more departments of the undertaking; “medical practitioner” has the meaning assigned to it in the Medical Practitioners Act 2007 (No. 25 of 2007); “Minister” means the Minister for Education and Skills; “Member State” means— (a) in relation to all provisions except Regulation 96
(2), a state which is a member state of the European Union, and (b) in relation to Regulation 96
(2)— (
  1. i)a state which is a contracting party to the Agreement on the European Economic Area signed in Oporto on 2 May 1992, or (
  2. ii)Switzerland; “national coordinator” means the person appointed by the Minister pursuant to Regulation 7; “overriding reasons of general interest” means reasons recognised as such in the case-law of the Court of Justice of the European Union; “professional experience” means the actual and lawful full-time or equivalent part-time pursuit of the profession concerned in a Member State; “professional qualifications” means qualifications attested by evidence of formal qualifications, an attestation of competence or professional experience; “professional traineeship” means, without prejudice to Article 46
(4)of the Directive, a period of professional practice carried out under supervision provided it constitutes a condition for access to a regulated profession, and which can take place either during or after completion of an education leading to a diploma; “regulated education and training” means any training which is specifically geared to the pursuit of a given profession, and which comprises a course or courses complemented, where appropriate, by professional training, or probationary or professional practice, the structure and level of such training or practice being monitored or approved by the competent authority; “regulated profession” means— (a) a profession or professional activity in the State listed in column 1 in Schedule 1, or (b) an activity in the State listed in Annex IV to the Directive, access to or the pursuit of which is contingent upon possession of general, commercial or professional knowledge and aptitudes; “veterinary practitioner” has the meaning assigned to it in section 2 of the Veterinary Practice Act 2005 (No. 22 of 2005).
(2)A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive. Scope of Regulations 4.
(1)Subject to paragraph
(2), these Regulations apply to an eligible person— (
  1. a)who obtained his or her professional qualification in a Member State other than the State, or (
  2. b)whose qualifications have been issued by a state other than a Member State, where a Member State other than the State has certified that the person has three years’ professional experience in the profession concerned on its territory, that Member State having recognised the evidence of formal qualifications in accordance with its rules, and who wishes to pursue a regulated profession in the State, on either a self-employed or employed basis.
(2)These Regulations do not apply to a notary appointed by an official act of government.
(3)Paragraph
(1)(a) includes within its scope an eligible person who pursued a professional traineeship outside his or her home Member State. Part 2 Competent authorities, national co-ordination and assistance centre Designation of competent authorities in State 5.
(1)The authorities listed in column 2 of Schedule 1 are designated as the competent authorities in the State, for the purposes of these Regulations, the Directive and the Implementing Regulation, in respect of the corresponding regulated professions in the State listed in column 1 of that Schedule.
(2)The national co-ordinator is designated as the competent authority for professions in the State which are not regulated.
(3)Subject to paragraph
(4), An tSeirbhís Oideachais Leanúnaigh agus Scileanna (SOLAS) is designated as the competent authority for the purposes of these Regulations, the Directive and the Implementing Regulation, in respect of the activities listed in Annex IV to the Directive access to, or the pursuit of which, is contingent in the State upon general, commercial or professional knowledge and aptitudes.
(4)Where an activity listed in Annex IV to the Directive is carried on by a profession in the State listed in column 1 of Schedule 1, the competent authority shall be the corresponding authority listed in column 2 of that Schedule, rather than the authority referred to in paragraph
(3). Functions of competent authorities 6.
(1)Without prejudice to its other powers and functions, a competent authority in the State has the function of receiving and considering applications by applicants and taking the actions and decisions referred to in these Regulations, the Directive and the Implementing Regulation.
(2)A competent authority in the State may obtain advice from an appropriate third party in relation to the carrying out of its functions under these Regulations, the Directive and the Implementing Regulation, and the third party may receive payment for such advice.
(3)A competent authority in the State shall, on request, assist the State in compiling a report for submission to the European Commission pursuant to Article 60 of the Directive and shall compile statistical summaries of decisions it has taken having regard to the requirements of that Article.
(4)A competent authority in the State shall work in close collaboration with the National Co-ordinator, the Assistance Centre, Government Departments and other relevant bodies in the State to facilitate compliance with the Directive in the State.
(5)A competent authority in the State shall work in close collaboration with competent authorities in other Member States and shall provide assistance in order to facilitate the application of the Directive.
(6)A competent authority in the State shall ensure the confidentiality of the information which it exchanges with competent authorities in other Member States.
(7)A competent authority in the State shall exchange, with competent authorities in other Member States, information regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under the Directive or these Regulations.
(8)In exchanging information pursuant to paragraph
(7), a competent authority in the State shall respect personal data protection rules provided for under Directive 95/46/EC of the European Parliament and of the Council of 24 October 199516 and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 200217 .
(9)A competent authority in the State in receipt of information referred to in paragraph
(7)shall— (
  1. a)examine the veracity of the circumstances arising, (
  2. b)decide on the nature and scope of the investigations which need to be carried out, and (
  3. c)inform the competent authority which provided the information of the conclusions which it draws from the information available to it.
(10)For the purposes of paragraph
(5)to
(9), a competent authority in the State shall use IMI. National co-ordination 7.
(1)The Minister shall appoint an official of the Department of Education and Skills as national co-ordinator for the State under the Directive whose primary task shall be to co-ordinate the activities of the competent authorities in the State.
(2)The Minister may revoke an appointment under paragraph
(1)and appoint another official to replace the official whose appointment has been revoked.
(3)The national co-ordinator shall, in concert with national co-ordinators appointed by the other Member States— (
  1. a)promote uniform application of the Directive, (
  2. b)collect all the information which is relevant for application of the Directive, such as on the conditions for access to regulated professions in the Member States, (
  3. c)examine suggestions for common training frameworks and common training tests under the Directive, (
  4. d)exchange information and best practice for the purpose of optimising continuous professional development in Member States, and (
  5. e)exchange information and best practice on the application of compensation measures under Regulation 22 and Article 14 of the Directive.
(4)For the purpose of carrying out the task set out in paragraph
(3)(b), the national co-ordinator may solicit the help of the assistance centres referred to in Article 57b of the Directive.
(5)The national co-ordinator, Government Departments and other relevant bodies in the State shall work in close collaboration to facilitate compliance with the Directive in the State. Assistance centre 8.
(1)The Minister shall appoint a person or organisation as the assistance centre in the State for the purposes of these Regulations and the Directive.
(2)The Minister may revoke an appointment under paragraph
(1)and appoint another person or organisation to replace the person or organisation whose appointment has been revoked.
(3)The remit of the assistance centre shall be to provide citizens, as well as assistance centres of the other Member States, with assistance concerning the recognition of professional qualifications under these Regulations and the Directive, including information on the national legislation governing the regulated professions and the pursuit of those professions, social legislation, and, where appropriate, the rules of ethics.
(4)The assistance centre shall assist persons in exercising the rights conferred on them by these Regulations and the Directive in the State, in co-operation, where appropriate, with the assistance centre in the home Member State and the competent authorities and the points of single contact in the State.
(5)A competent authority in the State shall fully cooperate with the assistance centre in the State and, where appropriate, the assistance centre in the home Member State, and provide all relevant information about individual cases to such assistance centres upon their request and subject to data protection rules in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 199516 and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 200217.
(6)At the European Commission’s request, the assistance centre shall inform the European Commission of the result of enquiries with which it is dealing within two months after receiving such a request. Part 3 Effects of recognition General effect of recognition 9.
(1)Subject to Regulation 10, the recognition of professional qualifications by a competent authority in the State entitles the beneficiary to gain access in the State to the same profession as that for which he or she is qualified in his or her home Member State and to pursue it in the State under the same conditions as nationals of the State.
(2)For the purpose of these Regulations, the profession which the applicant wishes to pursue in the State is the same as that for which he or she is qualified in his or her home Member State if the activities covered are comparable. Partial access 10.
(1)A competent authority in the State shall grant partial access, on a case-by-case basis, to a professional activity in the State where— (
  1. a)the professional is fully qualified to exercise in the home Member State the professional activity for which partial access is sought in the State, (
  2. b)differences between the professional activity legally exercised in the home Member State and the regulated profession in the State as such are so large that the application of compensation measures would amount to requiring the applicant to complete the full programme of education and training required in the State to have access to the full regulated profession in the State, and (
  3. c)the professional activity can objectively be separated from other activities falling under the regulated profession in the State.
(2)For the purpose of paragraph
(1)(c), a competent authority in the State shall take into account whether the professional activity can be pursued autonomously in the home Member State.
(3)Partial access sought under this Regulation may be rejected by a competent authority if such rejection is justified by overriding reasons of general interest, suitable for securing the attainment of the objective pursued, and does not go beyond what is necessary to attain that objective.
(4)Notwithstanding Regulations 15
(8)and 85
(1), a professional activity to which partial access has been granted under this Regulation shall be exercised under the professional title of the home Member State and the competent authority in the State may require use of that professional title in the English language.
(5)Professionals benefiting from partial access under this Regulation shall clearly indicate to the service recipients the scope of their professional activities.
(6)This Regulation shall not apply to professionals benefiting from automatic recognition of their professional qualifications under Parts 6 to 14.
(7)Applications for partial access to a profession in the State shall be examined in accordance with Part 4 or 5, as appropriate. Part 4 Free provision of services on temporary and occasional basis Principle of free provision of services 11.
(1)Without prejudice to the provisions of this Part, a competent authority in the State shall not restrict, for any reason relating to professional qualifications, the free provision of services in a regulated profession in the State on a temporary and occasional basis, where— (
  1. a)the service provider is legally established in a Member State other than the State for the purpose of pursuing the same profession in that Member State, (
  2. b)the service provider moves to the State to pursue the profession on a temporary and occasional basis, and (
  3. c)if neither the profession, nor the education and training leading to it, are regulated in the home Member State, the service provider has pursued that profession in one or several Member States for at least one year during the last 10 years preceding the provision of services.
(2)For the purposes of paragraph
(1), the temporary and occasional nature of the provision of services shall be assessed by a competent authority in the State on a case-by-case basis, in particular in relation to its duration, its frequency, its regularity and its continuity.
(3)A competent authority in the State may seek documentation or information from a person purporting to provide services in the State pursuant to this Regulation to determine whether or not there has been compliance with the requirements of this Part.
(4)Where a service provider moves to the State and provides services in a regulated profession in the State on a temporary and occasional basis pursuant to paragraph
(1), he or she shall be subject to any professional, statutory and administrative rules applicable to that profession, including rules in relation to— (
  1. a)the definition of the profession, (
  2. b)the use of titles, (
  3. c)serious professional malpractice which is directly and specifically linked to consumer protection and safety, and (
  4. d)discipline. Exemptions, requirements and revocations in relation to free provision of services 12.
(1)Notwithstanding Regulation 11
(4), where a service provider provides services in a regulated profession in the State on a temporary and occasional basis under this Part, the competent authority for that profession shall exempt the service provider from the requirements it places on professionals pursuing that profession in the State relating to— (
  1. a)authorisation by, registration with or membership of a professional organisation or body, and (
  2. b)registration with a public social security body for the purpose of settling accounts with an insurer relating to activities pursued for the benefit of insured persons.
(2)Notwithstanding paragraph
(1)(a), and subject to paragraph
(3), in order to facilitate the application of disciplinary provisions in the State in accordance with Regulation 11
(4), the competent authority may provide either for automatic temporary registration with, or pro forma membership of, the professional organisation or body, provided that such registration or membership does not delay or complicate in any way the provision of services and does not entail any additional costs for the service provider.
(3)In the case of the professions listed in Schedule 2, the competent authorities shall provide for automatic temporary registration in accordance with paragraph
(2).
(4)For the purposes of paragraph
(2), where the competent authority and the professional organisation or body are different, automatic temporary registration or pro forma membership shall be effected by the competent authority sending to the professional organisation or body— (a) a copy of the declaration, and, where applicable, of the renewal, referred to in Regulation 13
(1)and
(2), and (b) for professions listed in Schedule 3 or which benefit from automatic recognition under Parts 7 to 14, a copy of the documents referred to in Regulation 13
(3).
(5)Notwithstanding paragraph
(1)(b), a service provider shall inform in advance or, in an urgent case, afterwards, the body referred to in that paragraph of the services provided by him or her on a temporary and occasional basis under this Part.
(6)A competent authority in the State shall revoke automatic temporary registration or pro forma membership of a person providing temporary and occasional services under this Part where— (
  1. a)the declaration or documents referred to in Regulation 13 are inaccurate or incomplete, (
  2. b)he or she fails to provide the competent authority with a renewal declaration in accordance with Regulation 13
(2), (
  1. c)he or she becomes established in the relevant profession in the State, (
  2. d)he or she is not established in the relevant profession in another Member State, (
  3. e)he or she is prohibited, whether permanently or temporarily, from practising the profession in another Member State, (
  4. f)the services being provided in the State are not temporary and occasional, or (
  5. g)the requirements of this Part are otherwise not complied with.
(7)Notwithstanding paragraph
(6), a competent authority may decide not to revoke automatic temporary registration or pro forma membership of a person providing temporary and occasional services under this Part where— (
  1. a)the person is the subject of a complaint which has not been disposed of or otherwise dealt with under the relevant disciplinary procedures including fitness to practise procedures, and (
  2. b)it is in the public interest not to revoke registration or membership. Declaration to be made in advance 13.
(1)Where a service provider first moves to the State from another Member State in order to provide services under this Part, he or she shall inform the competent authority in the State of such move, by way of written declaration made in advance and supplied by any means, including details of any insurance cover or other means of personal or collective protection with regard to professional liability.
(2)The declaration referred to in paragraph
(1)shall be renewed once a year if the service provider intends to provide temporary or occasional services in the State during that year.
(3)For the first provision of services, or if there is a material change in the situation substantiated by the documents, a declaration provided pursuant to this Regulation shall be accompanied by the following documents: (
  1. a)proof of the nationality of the service provider; (
  2. b)an attestation certifying that the holder is legally established in a Member State other than the State for the purpose of pursuing the activities concerned and that he or she is not prohibited from practising, even temporarily, at the moment of delivering the attestation; (
  3. c)evidence of professional qualifications; (
  4. d)where Regulation 11
(1)(
  1. c)applies, any means of proof that the service provider has pursued the activity concerned for at least one year during the previous 10 years; (
  2. e)for professions in the security sector, in the health sector and professions related to the education of minors, including in childcare and early childhood education, an attestation confirming the absence of temporary or final suspensions from exercising the profession or of criminal convictions; (
  3. f)for professions that have patient safety implications, a declaration about the service provider’s knowledge of the language necessary for practising the profession in the State.
(4)Subject to Regulation 15, submission of a required declaration by a service provider pursuant to this Regulation shall entitle that service provider to have access to and pursue the relevant profession or professional activity in the entire territory of the State. Use of professional title when providing temporary and occasional services 14.
(1)Subject to paragraphs
(3)and
(4)and Regulation 15
(8), services provided in the State under this Part shall be provided under the professional title used in the home Member State.
(2)The professional title referred to in paragraph
(1)shall be indicated in the official language or one of the official languages of the home Member State in such a way as to avoid any confusion with the professional title used in the State.
(3)Where no professional title exists for the relevant profession in the home Member State, a service provider providing services in the State under this Part shall indicate his or her formal qualifications in the official language or one of the official languages of that Member State.
(4)In the case of professions subject to automatic recognition under Parts 7 to 14, services provided in the State under this Part shall be provided under the professional title used in the State. Checking of professional qualifications 15.
(1)Subject to paragraph
(2), for the first provision of services, in the case of persons providing services in the State on a temporary and occasional basis in the professions listed in Schedule 3, who have not benefitted from automatic recognition under Parts 6 to 14, the competent authority in the State may check the professional qualifications of the service provider prior to the first provision of services under this Part.
(2)The prior check referred to in paragraph
(1)shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider and where the check does not go beyond what is necessary for that purpose.
(3)Subject to paragraph
(4), where this Regulation applies to the provision of services, no later than one month after receipt of a declaration and accompanying documents provided in accordance with Regulation 13, the competent authority shall inform the service provider who provided such declaration and documents of its decision— (
  1. a)not to check his or her professional qualifications, or (
  2. b)having checked his professional qualifications— (
  3. i)to require the service provider to take an aptitude test, or (
  4. ii)to allow the provision of services.
(4)Where there is a difficulty which would result in delay in taking a decision under paragraph
(3), the competent authority shall notify the service provider of the reason for the delay within the same deadline and the difficulty shall be solved within one month of that notification and the decision finalised within two months of resolution of the difficulty.
(5)Where there is a substantial difference between the professional qualifications of the service provider and the training required in the State for the relevant profession, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by the service provider’s professional experience or by knowledge, skills and competences acquired through lifelong learning formally validated to that end by a relevant body, the competent authority shall give that service provider the opportunity to show, by means of an aptitude test, as referred to in paragraph
(3)(b)(i), that he or she has acquired the knowledge, skills or competence that were lacking and the competent authority shall take a decision on that basis on whether to allow the provision of services.
(6)In any case, it must be possible to provide the service within one month of a decision taken in accordance with paragraphs
(3)and
(4)to allow the provision of services.
(7)In the absence of a reaction of the competent authority within the deadlines set out in this Regulation, the service sought to be provided may be provided.
(8)In cases where professional qualifications have been verified under this Regulation, the service shall be provided under the professional title used in the State. Administrative co-operation 16.
(1)A competent authority in the State may ask a competent authority of the home Member State, in the event of justified doubts, to provide any information relevant to the legality of a service provider’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature.
(2)In the event that a competent authority in the State decides to check a service provider’s professional qualifications pursuant to Regulation 15, it may ask the competent authority of the home Member State for information about the service provider’s training courses to the extent necessary to assess substantial differences likely to be harmful to public health or safety.
(3)A competent authority in the State that is asked for information, pursuant to Article 8 of the Directive, in relation to a service provider established in the State shall provide that information in accordance with Article 56 of the Directive.
(4)In the case of the provision of services in the State under this Part in a profession which is not regulated in the home Member State, the competent authority in the State may seek information from an assistance centre designated under Article 57b of the Directive.
(5)The assistance centre designated under Regulation 8 shall, upon request, provide information to a competent authority in another Member State in relation to applications for the provision of services in that state by a service provider in a profession which is not regulated in the State and who obtained his or her professional qualification in the State.
(6)A competent authority in the State shall ensure the exchange of all information necessary for complaints by a recipient of a service against a service provider under this Part to be correctly pursued and recipients shall be informed of the outcome of the complaint. Information to be given to recipients of service 17. In cases where a service is provided under this Part under the professional title of the home Member State or under the formal qualification of the service provider, the competent authority in the State may require the service provider to furnish the recipient of the service with any or all of the following information: (
  1. a)if the service provider is registered in a commercial register or similar public register, the register in which he or she is registered, his or her registration number, or equivalent means of identification contained in that register; (
  2. b)if the activity is subject to authorisation in the home Member State, the name and address of the competent supervisory authority; (
  3. c)any professional association or similar body with which the service provider is registered; (
  4. d)the professional title or, where no such title exists, the formal qualification of the service provider and the Member State in which it was awarded; (
  5. e)if the service provider performs an activity which is subject to VAT, the VAT identification number referred to in Article 22
(1)of Sixth Council Directive 77/388/EEC of 17 May 197718 ; (
  1. f)details of any insurance cover or other means of personal or collective protection with regard to professional liability. Part 5 General system for recognition of evidence of training Scope of Part 5 18. This Part applies in respect of a person seeking to pursue professional activity in the State in— (
  2. a)a regulated profession in the State which is not covered by Parts 6 to 14, or (
  3. b)one of the following cases in which the applicant for recognition, for specific and exceptional reasons, does not satisfy the conditions for recognition provided for in the provisions referred to in paragraph (a): (
  4. i)for an activity listed in Annex IV to the Directive, when the migrant does not meet the relevant requirements set out in Regulation 27, 28 or 29; (
  5. ii)for doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, pharmacists and architects, when the migrant does not meet the relevant requirements of effective and lawful professional practice referred to in Regulation 33, 38, 42, 46, 51 or 59 or Part 14; (iii) for architects, when the migrant holds evidence of formal qualification not listed in point 5.7.1 of Annex V to the Directive; (
  6. iv)without prejudice to Regulations 30, 35, 39, 43, 47, 52 and 56 and Part 14, for doctors, nurses, dental practitioners, veterinary surgeons, midwives, pharmacists and architects holding evidence of formal qualifications as a specialist who must have taken part in the training leading to the possession of a title listed in points 5.1.1, 5.2.2, 5.3.2, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V to the Directive and solely for the purpose of the recognition of the relevant specialty; (
  7. v)for nurses responsible for general care and specialised nurses holding evidence of formal qualifications as a specialist who have taken part in the training leading to the possession of a title listed in point 5.2.2 of Annex V to the Directive, when the migrant seeks recognition in another Member State where the relevant professional activities are pursued by specialised nurses without training as general care nurse; (
  8. vi)for specialised nurses without training as general care nurse, when the migrant seeks recognition in another Member State where the relevant professional activities are pursued by nurses responsible for general care, specialised nurses without training as general care nurse or specialised nurses holding evidence of formal qualifications as a specialist who have taken part in the training leading to the possession of the titles listed in point 5.2.2 of Annex V to the Directive; and (vii) a migrant from a state which is not a Member State who meets the requirements set out in Regulation 4
(1)(b). Levels of qualification
  1. For the purposes of Regulations 21 and 22, professional qualifications shall be grouped into the levels of qualification set out in Schedule
  2. Equal treatment of qualifications 20.
(1)Any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority in a Member State other than the State, certifying successful completion of training in a Member State or Member States, on a full or part-time basis, within or outside formal programmes, which is recognised by that Member State as being of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of that profession, shall be treated by a competent authority in the State as evidence of formal qualifications referred to in Schedule 4, including the level in question.
(2)Any professional qualification which, although not satisfying the requirements contained in the legislative, regulatory or administrative provisions in force in the home Member State for access to or the pursuit of a profession, confers on the holder acquired rights by virtue of these provisions, shall also be treated as such evidence of formal qualifications under the same conditions as set out in paragraph
(1).
(3)Paragraph
(2)applies in particular if the home Member State raises the level of training required for admission to a profession and for its exercise, and if an individual who has undergone former training, which does not meet the requirements of the new qualification, benefits from acquired rights by virtue of national legislative, regulatory or administrative provisions; in such case this former training shall be considered by a competent authority in the State, for the purposes of the application of Regulation 21, as corresponding to the level of the new training. Conditions for recognition 21.
(1)If access to or pursuit of a regulated profession in the State is contingent upon possession of specified professional qualifications, the competent authority in the State shall permit applicants to access and pursue that profession, under the same conditions as apply to nationals of the State, if they possess an attestation of competence or evidence of formal qualifications referred to in Schedule 4, required by another Member State in order to gain access to and pursue that profession on its territory.
(2)Subject to paragraph
(4), access to, and pursuit of, a regulated profession in the State shall also be granted to applicants who have pursued the profession in question on a full-time basis for one year or for an equivalent overall duration on a part-time basis during the previous 10 years in another Member State which does not regulate that profession, and who possess one or more attestations of competence or evidence of formal qualifications issued by another Member State which does not regulate the profession.
(3)In order to be recognised by a competent authority in the State, attestations of competence and evidence of formal qualifications shall— (
  1. a)be issued by a competent authority in another Member State, designated in accordance with the laws, regulations or administrative provisions of that Member State, and (
  2. b)attest that the holder has been prepared for the pursuit of the profession in question.
(4)The one year of professional experience referred to in paragraph
(2)may not be required by a competent authority in the State if the evidence of formal qualifications which the applicant possesses certifies regulated education and training.
(5)A competent authority in the State shall accept the level attested under Schedule 4 by the home Member State, as well as the certificate by which the home Member State certifies that regulated education and training or vocational training with a special structure referred to in level (c)(ii) in Schedule 4 is equivalent to the level provided for in level (c)(i) in Schedule 4.
(6)Notwithstanding paragraphs
(1)to
(4)of this Regulation and Regulation 22, a competent authority in the State may refuse access to, and pursuit of, the profession to holders of an attestation of competence classified under level (
  1. a)in Schedule 4 where the national professional qualification required to exercise the profession on its territory is classified under level (
  2. e)in Schedule 4. Compensation measures 22.
(1)Regulation 21 shall not preclude a competent authority in the State from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if— (
  1. a)the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required in the State, or (
  2. b)the regulated profession in the State comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant’s home Member State, and the training required in the State covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.
(2)Subject to paragraphs
(3),
(4)and
(5), where a competent authority in the State makes use of the option provided for in paragraph
(1), it must offer the applicant the choice between an adaptation period and an aptitude test.
(3)An applicant is required to undergo an aptitude test in the case of the professions and professional activities listed in Schedule 5, pursuit of which requires precise knowledge of national law and in respect of which the provision of advice or assistance concerning national law is an essential and constant aspect of the professional activity.
(4)A competent authority in the State may stipulate either an adaptation period or an aptitude test in the following cases: (
  1. a)the cases provided for in Regulation 18(b)(
  2. ii)and (iii); (
  3. b)the cases provided for in Regulation 18(b)(
  4. iv)concerning doctors and dental practitioners; (
  5. c)the cases provided for in Regulation 18(b)(vi); (
  6. d)the cases provided for in Regulation 18(b)(vii); (
  7. e)the cases provided for in Regulation 18(b)(i), if the migrant envisages pursuing professional activities in a self-employed capacity or as a manager of an undertaking which require the knowledge and the application of the specific national rules in force, provided that knowledge and application of those rules are required by the competent authority in the State for access to such activities by nationals of the State; (
  8. f)the case of a holder of a professional qualification referred to in level (
  9. a)in Schedule 4 who applies for recognition of his or her professional qualifications where the professional qualification required in the State is classified under level (
  10. c)in Schedule 4; and (
  11. g)the case of a holder of a professional qualification referred to in level (
  12. b)in Schedule 4 who applies for recognition of his or her professional qualifications where the professional qualification required in the State is classified under level (
  13. d)or (
  14. e)in Schedule 4.
(5)In the case of a holder of a professional qualification referred to in level (
  1. a)in Schedule 4 who applies for recognition of his professional qualifications where the professional qualification required in the State is classified under level (
  2. d)in Schedule 4, the competent authority in the State may impose both an adaptation period and an aptitude test.
(6)In deciding whether to require an applicant to complete an adaptation period or take an aptitude test under paragraph
(1), a competent authority in the State shall— (
  1. a)have due regard to the principle of proportionality, and (
  2. b)ascertain whether the knowledge, skills and competences acquired by the applicant in the course of his professional experience or through lifelong learning, and formally validated to that end by a relevant body, in any other Member State or in a state which is not a Member State, is of such nature as to cover, in full or in part, the substantially different matters.
(7)A decision by a competent authority in the State to impose an adaptation period or an aptitude test under this Regulation shall be duly justified and the applicant shall be provided with the following information: (
  1. a)the level of the professional qualification required in the State and the level of the professional qualification held by the applicant in accordance with the classification set out in Schedule 4; and (
  2. b)the substantially different matters and the reasons for which those matters cannot be compensated by knowledge, skills and competences acquired in the course of professional experience or through lifelong learning formally validated to that end by a relevant body.
(8)A competent authority in the State shall ensure that an applicant has the possibility of taking the aptitude test under this Regulation not later than six months after the initial decision imposing an aptitude test on the applicant.
(9)In this Regulation “substantially different matters” means matters in respect of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the migrant shows significant differences in terms of content from the training required in the State. Adaptation period 23.
(1)An adaptation period referred to in this Part shall comprise of a period of pursuit of the relevant regulated profession in the State under the supervision and responsibility of a qualified member of that profession.
(2)The period of supervised practice referred to in paragraph
(1)may be accompanied by further training.
(3)The period of supervised practice referred to in paragraph
(1)shall be the subject of an assessment.
(4)The detailed rules governing an adaptation period and its assessment as well as the status of an applicant under supervision shall be laid down by the competent authority.
(5)The status enjoyed in the State by a person undergoing an adaptation period pursuant to this Part, in particular in the matter of right of residence as well as obligations, social rights and benefits, allowances and remuneration, shall be established by the relevant authorities in the State in accordance with applicable European Union law. Aptitude test 24.
(1)An aptitude test referred to in this Part shall comprise a test limited to the professional knowledge of the applicant, carried out or recognised by the competent authority, with the aim of assessing the ability of the applicant to pursue the relevant regulated profession in the State.
(2)In order to permit an aptitude test to be carried out, a competent authority shall draw up a list of subjects which, on the basis of a comparison of the education and training required in the State and that received by the applicant, are not covered by the diploma or other evidence of formal qualifications possessed by the applicant.
(3)An aptitude test must take account of the fact that the applicant is a qualified professional in the home Member State or the Member State from which he or she comes.
(4)An aptitude test shall cover subjects to be selected from those on the list referred to in paragraph
(2), knowledge of which is essential in order to be able to pursue the particular profession in the State.
(5)In addition to the matters referred to in paragraph
(4), an aptitude test may also include knowledge of the professional rules applicable to the activities in question in the State.
(6)The status in the State of an applicant undertaking an aptitude test pursuant to this Part shall be determined by the relevant authorities in the State. Part 6 Automatic recognition of professional experience in craft, commerce and industry sectors Scope of Part 6 25. This Part applies to a person seeking to pursue professional activity in the State in one of the activities listed in Annex IV to the Directive. Automatic recognition of professional experience 26.
(1)If— (
  1. a)access to, or pursuit of, one of the activities listed in Annex IV to the Directive, in the State, is contingent upon possession of general, commercial or professional knowledge and aptitudes, and (
  2. b)the activity has been pursued in accordance with the relevant requirements of Regulation 27, 28 or 29, previous pursuit of the activity in another Member State shall be recognised by the competent authority in the State as sufficient proof of such knowledge and aptitudes.
(2)The competent authority shall issue a certificate to the effect that a person’s professional experience has been recognised in accordance with paragraph
(1). Activities referred to in list I of Annex IV to Directive 27.
(1)Subject to paragraphs
(2)and
(3), for the activities in list I of Annex IV to the Directive, the activity in question must have been previously pursued— (
  1. a)for six consecutive years on a self-employed basis or as a manager of an undertaking, (
  2. b)for three consecutive years on a self-employed basis or as a manager of an undertaking, where the beneficiary proves that he or she has received previous training of at least three years for the activity in question, evidenced by a certificate recognised by the other Member State or judged by a competent professional body to be fully valid, (
  3. c)for four consecutive years on a self-employed basis or as a manager of an undertaking, where the beneficiary can prove that he or she has received, for the activity in question, previous training of at least two years’ duration, attested by a certificate recognised by the other Member State or judged by a competent professional body to be fully valid, (
  4. d)for three consecutive years on a self-employed basis, if the beneficiary can prove that he or she has pursued the activity in question on an employed basis for at least five years, or (
  5. e)for five consecutive years in an executive position, of which at least three years involved technical duties and responsibility for at least one department of the company, if the beneficiary can prove that he or she has received, for the activity in question, previous training of at least three years’ duration, as attested by a certificate recognised by the other Member State or judged by a competent professional body to be fully valid.
(2)In the cases referred to in paragraph
(1)(a) and (d), the activity must not have finished more than 10 years before the date on which the complete application was submitted by the person concerned to the competent authority.
(3)Paragraph
(1)(e) shall not apply to activities in Group ex 855, hairdressing establishments, of the International Standard Industrial Classification (ISIC) nomenclature. Activities referred to in list II of Annex IV to Directive 28.
(1)Subject to paragraph
(2), for the activities in list II of Annex IV to the Directive, the activity in question must have been previously pursued— (
  1. a)for five consecutive years on a self-employed basis or as a manager of an undertaking, (
  2. b)for three consecutive years on a self-employed basis or as a manager of an undertaking, where the beneficiary proves that he or she has received previous training of at least three years for the activity in question, evidenced by a certificate recognised by the other Member State or judged by a competent professional body to be fully valid, (
  3. c)for four consecutive years on a self-employed basis or as a manager of an undertaking, where the beneficiary can prove that he or she has received, for the activity in question, previous training of at least two years duration, attested by a certificate recognised by the other Member State or judged by a competent professional body to be fully valid, (
  4. d)for three consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he or she has pursued the activity in question on an employed basis for at least five years, (
  5. e)for five consecutive years on an employed basis, if the beneficiary can prove that he or she has received, for the activity in question, previous training of at least three years duration, as attested by a certificate recognised by the other Member State or judged by a competent professional body to be fully valid, or (
  6. f)for six consecutive years on an employed basis, if the beneficiary can prove that he or she has received previous training in the activity in question of at least two years duration, as attested by a certificate recognised by the other Member State or judged by a competent professional body to be fully valid.
(2)In the cases referred to in paragraph
(1)(a) and (d), the activity must not have finished more than 10 years before the date on which the complete application was submitted by the person concerned to the competent authority. Activities referred to in list III of Annex IV to Directive 29.
(1)Subject to paragraph
(2), for the activities in list III of Annex IV to the Directive, the activity in question must have been previously pursued— (
  1. a)for three consecutive years, either on a self-employed basis or as a manager of an undertaking, (
  2. b)for two consecutive years, either on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he or she has received previous training for the activity in question, as attested by a certificate recognised by the other Member State or judged by a competent professional body to be fully valid, (
  3. c)for two consecutive years, either on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he or she has pursued the activity in question on an employed basis for at least three years, or (
  4. d)for three consecutive years, on an employed basis, if the beneficiary can prove that he or she has received previous training for the activity in question, as attested by a certificate recognised by the other Member State or judged by a competent professional body to be fully valid.
(2)In the cases referred to in paragraph
(1)(a) and (c), the activity must not have finished more than 10 years before the date on which the complete application was submitted by the person concerned to the competent authority. Part 7Automatic recognition — doctors of medicine Automatic recognition of doctors 30.
(1)Subject to paragraphs
(2)and
(5), the competent authority in the State for medical practitioners shall recognise evidence of formal qualifications in basic medical training listed in point 5.1.1 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 24 of the Directive, and shall, for the purposes of access to and pursuit of the profession of medical practitioner in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.
(2)Evidence of formal qualification referred to in paragraph
(1)must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.1.1 of Annex V to the Directive for such qualification.
(3)Subject to paragraphs
(4)and
(5), the competent authority in the State for medical practitioners shall recognise evidence of formal qualifications as a specialised doctor listed in point 5.1.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 25 of the Directive, and shall, for the purposes of access to and pursuit of the profession of medical practitioner in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.
(4)Evidence of formal qualification referred to in paragraph
(3)must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.1.2 of Annex V to the Directive for such qualification.
(5)Paragraphs
(1)and
(3)do not affect the acquired rights referred to in Regulation 33 and Part 14.
(6)Subject to paragraph
(7), the competent authority in the State for medical practitioners shall recognise, for the purpose of pursuing general medical practice in the State in the framework of the State’s social security system, evidence of formal qualifications listed in point 5.1.4 of Annex V to the Directive and issued in accordance with the minimum training conditions laid down in Article 28 of the Directive.
(7)Paragraph
(6)does not affect the acquired rights referred to in Regulation 34.
(8)In this Regulation, “evidence of formal qualifications as a specialised doctor” is such evidence awarded by the competent authority, referred to in point 5.1.2 of Annex V to the Directive, as corresponds, for the specialised training in question, to the titles in use in the various Member States and referred to in point 5.1.3 of that Annex. Training of doctors
  1. The competent authority in the State for medical practitioners shall ensure that training of medical practitioners in the State satisfies the requirements of Articles 24, 25 and 28 of the Directive. Access to and pursuit of professional activities of doctors
  2. The competent authority in the State for medical practitioners shall make access to, and the pursuit of, the professional activities of medical practitioners in the State subject to possession of evidence of formal qualifications referred to in point 5.1.1, 5.1.2 or 5.1.4 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 24
(3)of the Directive. Acquired rights specific to specialised doctors 33.
(1)The competent authority in the State for medical practitioners may require of specialised doctors whose part-time specialist medical training was governed by legislative, regulatory and administrative provisions in force as of 20 June 1975 and who began their specialist training no later than 31 December 1983 that their evidence of formal qualifications be accompanied by a certificate stating that they have been effectively and lawfully engaged in the relevant activities for at least three consecutive years during the five years preceding the award of that certificate.
(2)The competent authority in the State for medical practitioners shall recognise the qualification of specialised doctor awarded in Spain to doctors who completed their specialist training before 1 January 1995, even if that training does not satisfy the minimum training requirements provided for in Article 25 of the Directive, in so far as that qualification is accompanied by a certificate issued by the competent Spanish authorities and attesting that the person concerned has passed the examination in specific professional competence held in the context of exceptional measures concerning recognition laid down in Royal Decree 1497/99, with a view to ascertaining that the person concerned possesses a level of knowledge and skill comparable to that of doctors who possess a qualification as a specialised doctor defined for Spain in points 5.1.2 and 5.1.3 of Annex V to the Directive.
(3)The competent authority in the State for medical practitioners shall recognise the qualification of specialised doctor awarded in Italy, and listed in points 5.1.2 and 5.1.3 of Annex V to the Directive, to doctors who started their specialist training after 31 December 1983 and before 1 January 1991, despite the training concerned not satisfying all the training requirements set out in Article 25 of the Directive, if the qualification is accompanied by a certificate issued by the competent Italian authorities stating that the doctor concerned has effectively and lawfully been engaged, in Italy, in the activities of a medical specialist in the same specialist area concerned, for at least seven consecutive years during the 10 years preceding the award of the certificate. Acquired rights specific to general practitioners 34.
(1)The competent authority in the State for medical practitioners shall recognise the right to pursue the activities of a general practitioner in the framework of the State’s national social security system, without the evidence of formal qualifications referred to in point 5.1.4 of Annex V to the Directive, conferred on all doctors who enjoy that right as of the reference date stated in that point by virtue of provisions applicable to the medical profession giving access to the professional activities of doctor with basic training and who are established as of that date in the State, having benefited from the provisions of Articles 21 or 23 of the Directive.
(2)The competent authority in the State for medical practitioners shall, on demand, issue a certificate stating the holders right to pursue the activities of general practitioner in the framework of the State’s national social security system, without the evidence of formal qualifications referred to in point 5.1.4 of Annex V to the Directive, to doctors established in the State who enjoy acquired rights pursuant to paragraph
(1).
(3)The competent authority in the State for medical practitioners shall recognise certificates issued by competent authorities in other Member States pursuant to Article 30 of the Directive and shall give such certificates the same effect in the State as evidence of formal qualifications which it awards and which permit the pursuit of the activities of a general practitioner in the framework of the State’s national social security system. Part 8Automatic recognition — nurses responsible for general care Automatic recognition of nurses responsible for general care 35.
(1)Subject to paragraphs
(2)and
(3), the competent authority in the State for general nurses shall recognise evidence of formal qualifications as a nurse responsible for general care listed in point 5.2.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 31 of the Directive, and shall, for the purposes of access to and pursuit of the profession of general nurse in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.
(2)Evidence of formal qualification referred to in paragraph
(1)must be issued by the appropriate authority in the relevant Member State.
(3)Paragraph
(1)does not affect the acquired rights referred to in Regulation 38 and Part
  1. Training of nurses responsible for general care
  2. The competent authority in the State for general nurses shall ensure that training of general nurses in the State satisfies the requirements of Article 31 of the Directive. Access to and pursuit of professional activities of nurses responsible for general care
  3. The competent authority in the State for general nurses shall make access to, and the pursuit of, the professional activities of nurses responsible for general care in the State subject to possession of evidence of formal qualifications referred to in point 5.2.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 31
(6)and
(7)of the Directive. Acquired rights specific to nurses responsible for general care 38.
(1)Notwithstanding Part 14, the acquired rights provided for in that Part shall only apply to nurses responsible for general care where the professional activities included full responsibility for the planning, organisation and administration of nursing care delivered to the patient.
(2)The competent authority in the State for general nurses shall recognise evidence of formal qualifications in nursing that— (
  1. a)were awarded in Poland, to nurses who completed training before 1 May 2004, which did not comply with the minimum training conditions laid down in Article 31 of the Directive, and (
  2. b)are attested by the diploma “bachelor” which was obtained on the basis of a special upgrading programme contained in— (
  3. i)Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 2004 No 92, pos. 885 and of 2007, No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420); or (
  4. ii)Article 52.3 point 2 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 2011 No 174, pos. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination —matura) and are graduates of a medical secondary school or a post-secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2012, pos. 770), for the purpose of verifying that the nurse concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications listed for Poland in point 5.2.2 of Annex V to the Directive.
(3)In the case of an applicant who trained as a nurse responsible for general care in Romania and whose training does not satisfy the minimum training requirements laid down in Article 31 of the Directive, the competent authority in the State for general nurses shall recognise the following evidence of formal qualifications as a nurse responsible for general care as being sufficient proof, provided that that evidence is accompanied by a certificate stating that the applicant has effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania, including taking full responsibility for the planning, organisation and carrying out of the nursing care of patients, for a period of at least three consecutive years during the five years prior to the date of issue of the certificate: (
  1. a)Certificat de competenţe profesionale de asistent medical generalist with post-secondary education obtained from a şcoală postliceală, attesting to training started before 1 January 2007; (
  2. b)Diplomă de absolvire de asistent medical generalist with short-time higher education studies, attesting to training started before 1 October 2003; (
  3. c)Diplomă de licenţă de asistent medical generalist with long-time higher education studies, attesting to training started before 1 October 2003. Part 9Automatic recognition — dental practitioners Automatic recognition of dental practitioners 39.
(1)Subject to paragraphs
(3)and
(4), the competent authority in the State for dentists shall recognise evidence of formal qualifications as a dental practitioner listed in point 5.3.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 34 of the Directive, and shall, for the purposes of access to and pursuit of the profession of dentist in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.
(2)Subject to paragraphs
(3)and
(4), the competent authority in the State for dentists shall recognise evidence of formal qualifications as a specialised dental practitioner listed in point 5.3.3 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 35 of the Directive, and shall, for the purposes of access to and pursuit of the profession of dental specialist in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.
(3)Evidence of formal qualifications referred to in paragraph
(1)or
(2)must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.3.2 or 5.3.3, as appropriate, of Annex V to the Directive for such qualifications.
(4)Paragraphs
(1)and
(2)do not affect the acquired rights referred to in Regulation 42 and Part 14. Dental training 40.
(1)The competent authority in the State for dentists shall ensure that basic dental training in the State satisfies the requirements of Article 34 of the Directive.
(2)The competent authority in the State for dentists shall ensure that specialist dental training in the State satisfies the requirements of Article 35 of the Directive. Access to and pursuit of professional activities of dental practitioners 41.
(1)The competent authority in the State for dentists shall make access to, and the pursuit of, the professional activities of dental practitioners in the State subject to possession of evidence of formal qualifications referred to in point 5.3.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 34
(3)of the Directive.
(2)For the purposes of the Directive and these Regulations, the professional activities of dental practitioners are the activities referred to in paragraph
(3)and pursued under the professional qualifications listed in point 5.3.2 of Annex V to the Directive.
(3)The competent authority in the State for dentists shall ensure that dental practitioners are generally able to gain access to and pursue the activities of prevention, diagnosis and treatment of anomalies and diseases affecting the teeth, mouth, jaws and adjoining tissue, having due regard to the regulatory provisions and rules of professional ethics on the reference dates referred to in point 5.3.2 in Annex V to the Directive. Acquired rights specific to dental practitioners 42.
(1)Subject to paragraphs
(2)and
(3), the competent authority in the State for dentists shall recognise evidence of formal qualifications as a doctor issued in Italy, Spain, Austria, the Czech Republic, Slovakia or Romania to an applicant who began his or her medical training on or before the reference date stated in that point 5.3.2 of Annex V to the Directive for the Member State concerned, where it is accompanied by a certificate issued by the competent authority of that Member State confirming that the applicant: (a) has been effectively, lawfully and principally engaged in that Member State in the activities referred to in Regulation 41
(3)for at least three consecutive years during the five years preceding the award of the certificate; and (b) is authorised to pursue the said activities under the same conditions as holders of evidence of formal qualifications listed for that Member State in point 5.3.2 of Annex V to the Directive.
(2)An applicant who has successfully completed at least three years of study, certified by the competent authority in the Member State concerned as being equivalent to the training referred to in Article 34 of the Directive, shall be exempt from the three-year practical work experience referred to in paragraph
(1)(a).
(3)With regard to the Czech Republic and Slovakia, evidence of formal qualifications obtained in the former Czechoslovakia shall be accorded the same level of recognition as Czech and Slovak evidence of formal qualifications and under the same conditions as set out in paragraphs
(1)and
(2).
(4)Subject to paragraphs
(5)and
(6), the competent authority in the State for dentists shall recognise evidence of formal qualifications as a doctor issued in Italy to an applicant who began his or her university medical training after 28 January 1980 and no later than 31 December 1984, where it is accompanied by a certificate issued by the competent Italian authorities confirming that the applicant— (
  1. a)passed the relevant aptitude test held by the competent Italian authorities with a view to establishing that he or she possesses a level of knowledge and skills comparable to that of persons possessing evidence of formal qualifications listed for Italy in point 5.3.2 of Annex V to the Directive, (
  2. b)has been effectively, lawfully and principally engaged in the activities referred to in Regulation 41
(3)in Italy for at least three consecutive years during the five years preceding the award of the certificate, and (c) is authorised to engage in or is effectively, lawfully and principally engaged in the activities referred to in Regulation 41
(3), under the same conditions as the holders of evidence of formal qualifications listed for Italy in point 5.3.2 of Annex V to the Directive.
(5)An applicant who has successfully completed at least three years of study certified by the competent Italian authorities as being equivalent to the training referred to in Article 34 of the Directive shall be exempt from the aptitude test referred to in paragraph
(4)(a).
(6)An applicant who began his or her university medical training after 31 December 1984 shall be treated in the same way as a person to which paragraph
(4)applies, provided that he or she began the three years of study referred to in paragraph
(5)before 31 December 1994.
(7)As regards evidence of formal qualifications of dental practitioners, the competent authority in the State for dentists shall recognise such evidence pursuant to Article 21 of the Directive in cases where the applicant began his or her training on or before 18 January 2016.
(8)The competent authority in the State for dentists shall recognise evidence of formal qualifications as a doctor issued in Spain to an applicant who began his or her university medical training between 1 January 1986 and 31 December 1997 where it is accompanied by a certificate issued by the Spanish competent authorities confirming that the applicant— (
  1. a)has successfully completed at least three years of study, certified by the Spanish competent authorities as being equivalent to the training referred to in Article 34 of the Directive, (
  2. b)was effectively, lawfully and principally engaged in the activities referred to in Regulation 41
(3)in Spain for at least three consecutive years during the five years preceding the award of the certificate, and (c) is authorised to engage in or is effectively, lawfully and principally engaged in the activities referred to in Regulation 41
(3), under the same conditions as the holders of evidence of formal qualifications listed for Spain in point 5.3.2 of Annex V to the Directive. Part 10Automatic recognition — veterinary surgeons Automatic recognition of veterinary surgeons 43.
(1)Subject to paragraphs
(2)and
(3), the competent authority in the State for veterinary practitioners shall recognise evidence of formal qualifications as a veterinary surgeon listed in point 5.4.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 38 of the Directive and shall, for the purposes of access to and pursuit of the profession of veterinary practitioner in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualifications obtained in the State.
(2)Evidence of formal qualifications referred to in paragraph
(1)must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.4.2 of Annex V to the Directive for such qualifications.
(3)Paragraphs
(1)and
(2)do not affect the acquired rights referred to in Regulation 46 and Part
  1. Training of veterinary surgeons
  2. The competent authority in the State for veterinary practitioners shall ensure that training of veterinary practitioners in the State satisfies the requirements of Article 38 of the Directive. Access to and pursuit of professional activities of veterinary surgeons
  3. The competent authority in the State for veterinary practitioners shall make access to, and the pursuit of, the professional activities of veterinary practitioners in the State subject to possession of evidence of formal qualifications referred to in point 5.4.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 38
(3)of the Directive. Acquired rights specific to veterinary surgeons 46. Without prejudice to Regulation 63, the competent authority in the State for veterinary practitioners shall recognise the qualifications of an applicant whose formal qualifications were issued by, or whose training commenced in, Estonia before 1 May 2004, if they are accompanied by a certificate stating that the applicant has effectively and lawfully been engaged in the activities in question in Estonia for at least five consecutive years during the seven years prior to the date of issue of the certificate. Part 11Automatic recognition — midwives Automatic recognition of midwives 47.
(1)Subject to paragraph
(2), the competent authority in the State for midwives shall recognise evidence of formal qualifications as a midwife listed in point 5.5.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 40 of the Directive and the requirements of Regulation 50, and shall, for the purposes of access to and pursuit of the profession of midwife in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.
(2)Paragraph
(1)does not affect the acquired rights referred to in Regulation 51 and Part
  1. Training of midwives
  2. The competent authority in the State for midwives shall ensure that training of midwives in the State satisfies the requirements of Article 40 of the Directive. Access to and pursuit of professional activities of midwife 49.
(1)This Part shall apply to the activities of midwives in the State, without prejudice to paragraph
(3), pursued under the professional title of ‘registered midwife (RM)’.
(2)The competent authority in the State for midwives shall make access to, and the pursuit of, the professional activities of midwives in the State subject to possession of evidence of formal qualifications referred to in point 5.5.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 40
(3)of the Directive.
(3)The competent authority in the State for midwives shall ensure that midwives are able to gain access to and pursue at least the following activities: (
  1. a)provision of sound family planning information and advice; (
  2. b)diagnosis of pregnancies and monitoring normal pregnancies; (
  3. c)carrying out the examinations necessary for the monitoring of the development of normal pregnancies; (
  4. d)prescribing or advising on the examinations necessary for the earliest possible diagnosis of pregnancies at risk; (
  5. e)provision of programmes of parenthood preparation and complete preparation for childbirth including advice on hygiene and nutrition; (
  6. f)caring for and assisting the mother during labour and monitoring the condition of the foetus in utero by the appropriate clinical and technical means; (
  7. g)conducting spontaneous deliveries including where required episiotomies and in urgent cases breech deliveries; (
  8. h)recognising the warning signs of abnormality in the mother or infant which necessitate referral to a doctor and assisting the latter where appropriate; taking the necessary emergency measures in the doctors absence, in particular the manual removal of the placenta, possibly followed by manual examination of the uterus; (
  9. i)examining and caring for the new-born infant; taking all initiatives which are necessary in case of need and carrying out where necessary immediate resuscitation; (
  10. j)caring for and monitoring the progress of the mother in the postnatal period and giving all necessary advice to the mother on infant care to enable her to ensure the optimum progress of the new-born infant; (
  11. k)carrying out treatment prescribed by doctors; (
  12. l)drawing up the necessary written reports. Procedures for recognition of evidence of formal qualifications as midwife 50.
(1)The evidence of formal qualifications as a midwife referred to in point 5.5.2 of Annex V to the Directive shall be subject to automatic recognition under Regulation 47 in so far as they satisfy one of the following criteria: (
  1. a)full-time training of at least three years as a midwife, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 4,600 hours of theoretical and practical training, with at least one third of the minimum duration representing clinical training; (
  2. b)full-time training as a midwife of at least two years, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 3,600 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V to the Directive; (
  3. c)full-time training as a midwife of at least 18 months, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 3,000 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V of the Directive, and followed by one year’s professional practice for which a certificate has been issued in accordance with paragraph
(2).
(2)The certificate referred to in paragraph
(1)(
  1. c)must— (
  2. a)be issued by the competent authority in the home Member State, and (
  3. b)certify that the holder, after obtaining evidence of formal qualifications as a midwife, has satisfactorily pursued all the activities of a midwife for a corresponding period in a hospital or a health care establishment approved for that purpose. Acquired rights specific to midwives 51.
(1)In the case of an applicant whose evidence of formal qualifications as a midwife satisfies all the minimum training requirements laid down in Article 40 of the Directive but, by virtue of Regulation 50, is not recognised unless it is accompanied by a certificate of professional practice referred to in Regulation 50
(2), the competent authority in the State for midwives shall recognise as sufficient proof evidence of formal qualifications issued in the relevant Member State before the reference date referred to in point 5.5.2 of Annex V to the Directive for that Member State, where it is accompanied by a certificate stating that the applicant has been effectively and lawfully engaged in the activities in question for at least two consecutive years during the five years preceding the award of the certificate.
(2)The competent authority in the State for midwives shall recognise automatically those qualifications where the applicant started training as a midwife before 18 January 2016, and the admission requirement for such training was 10 years of general education or an equivalent level for route I in Article 40
(1)(a) of the Directive, or completed training as a nurse responsible for general care as attested by evidence of formal qualification referred to in point 5.2.2 of Annex V to the Directive before starting a midwifery training falling under route II in Article 40
(1)(b) of the Directive.
(3)The conditions laid down in paragraph
(1)shall also apply to an applicant whose evidence of formal qualifications as a midwife certifies completion of training received in the territory of the former German Democratic Republic and satisfying all the minimum training requirements laid down in Article 40 of the Directive, but where the evidence of formal qualifications, by virtue of Regulation 50, is not recognised unless it is accompanied by the certificate of professional experience referred to in Regulation 50
(2), where it attests a course of training which began before 3 October 1990.
(4)The competent authority in the State for midwives shall recognise evidence of formal qualifications in midwifery that— (
  1. a)were awarded in Poland, to midwives who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 40 of the Directive, and (
  2. b)are attested by the diploma ‘bachelor’ which was obtained on the basis of a special upgrading programme contained in— (
  3. i)Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 2004 No 92, pos. 885 and of 2007 No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420), or (
  4. ii)Article 53.3 point 3 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 2011 No 174, pos. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination — matura) and are graduates of a medical secondary school or a post-secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2012, pos. 770), for the purpose of verifying that the midwife concerned has a level of knowledge and competence comparable to that of midwives holding the qualifications listed for Poland in point 5.5.2 of Annex V to the Directive.
(5)In the case of an applicant whose evidence of formal qualifications as a midwife (asistent medical obstetrică-ginecologie/obstetrics-gynecology nurse) were awarded in Romania before 1 January 2007, and which do not satisfy the minimum training requirements laid down in Article 40 of the Directive, the competent authority in the State for midwives shall recognise the said evidence of formal qualifications as being sufficient proof for the purposes of carrying out the activities of midwife if they are accompanied by a certificate stating that the applicant has effectively and lawfully been engaged in the activities of midwife in Romania for at least five consecutive years during the seven years prior to the issue of the certificate.
(6)Acquired rights in midwifery shall not apply to the following qualifications which were obtained in Croatia before 1 July 2013: via medicinska sestra ginekoloko-opstetrikog smjera (High Gynaecology-Obstetrical Nurse), medicinska sestra ginekoloko-opstetrikog smjera (Gynaecology-Obstetrical Nurse), via medicinska sestra primaljskog smjera (High Nurse with Midwifery Degree), medicinska sestra primaljskog smjera (Nurse with Midwifery Degree), ginekoloko- opstetrika primalja (Gynaecology-Obstetrical Midwife) and primalja (Midwife). Part 12Automatic recognition — pharmacists Automatic recognition of pharmacists 52.
(1)Subject to paragraphs
(2)and
(3), the competent authority in the State for pharmacists shall recognise evidence of formal qualifications as a pharmacist listed in point 5.6.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 44 of the Directive, and shall, for the purposes of access to and pursuit of the profession of pharmacist in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.
(2)Evidence of formal qualifications referred to in paragraph
(1)must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.6.2 of Annex V to the Directive for such qualifications.
(3)Paragraph
(1)does not affect the acquired rights referred to in Regulation 55 and Part
  1. Training of pharmacists
  2. The competent authority in the State for pharmacists shall ensure that training of pharmacists in the State satisfies the requirements of Article 44 of the Directive. Access to and pursuit of professional activities of pharmacists 54.
(1)For the purposes of these Regulations and the Directive, the activities of a pharmacist are those, access to which and pursuit of which are contingent, in the State, upon professional qualifications and which are open to holders of evidence of formal qualifications of the types listed in point 5.6.2 of Annex V to the Directive.
(2)The competent authority in the State for pharmacists shall make access to, and the pursuit of, the professional activities of pharmacists in the State subject to possession of evidence of formal qualifications referred to in point 5.6.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 44
(3)of the Directive.
(3)The competent authority in the State for pharmacists shall ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfy the requirements of Article 44 of the Directive, are able to gain access to and pursue at least the following activities, subject to the requirement, where appropriate, of supplementary professional experience: (
  1. a)preparation of the pharmaceutical form of medicinal products; (
  2. b)manufacture and testing of medicinal products; (
  3. c)testing of medicinal products in a laboratory for the testing of medicinal products; (
  4. d)storage, preservation and distribution of medicinal products at the wholesale stage; (
  5. e)supply, preparation, testing, storage, distribution and dispensing of safe and efficacious medicinal products of the required quality in pharmacies open to the public; (
  6. f)preparation, testing, storage and dispensing of safe and efficacious medicinal products of the required quality in hospitals; (
  7. g)provision of information and advice on medicinal products as such, including on their appropriate use; (
  8. h)reporting of adverse reactions of pharmaceutical products to the competent authorities; (
  9. i)personalised support for patients who administer their medication; (
  10. j)contribution to local or national public health campaigns. Acquired rights specific to pharmacists 55. The competent authority in the State for pharmacists shall recognise a formal qualification as a pharmacist to which the derogation in Article 2
(4)(a) of Council Directive 85/432/EEC of 16 September 198519 applied, and which, but for the repeal of that Directive by Article 62 of the Professional Qualifications Directive, would have entitled the holder to recognition as a person having a qualification appropriate for practice. Part 13Automatic recognition — architects Automatic recognition of architects 56.
(1)Subject to paragraphs
(2)and
(3), the competent authority in the State for architects shall recognise evidence of formal qualifications as an architect listed in point 5.7.1 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 46 or 47 of the Directive, and shall, for the purposes of access to and pursuit of the profession of architect in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.
(2)Evidence of formal qualifications referred to in paragraph
(1)must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.7.1 of Annex V to the Directive for such qualifications.
(3)Paragraph
(1)does not affect the acquired rights referred to in Regulation 59 and Part 14.
(4)Evidence of formal qualifications as an architect referred to in point 5.7.1 of Annex V to the Directive, which is subject to automatic recognition pursuant to paragraph
(1), proves completion of a course of training which began not earlier than during the academic reference year referred to in that Annex. Training of architects 57. The competent authority in the State for architects shall ensure that training of architects in the State satisfies the requirements of Article 46 or 47 of the Directive. Pursuit of professional activities of architect 58.
(1)For the purposes of these Regulations, the professional activities of an architect are the activities regularly carried out under the professional title of ‘architect’.
(2)A person who is authorised to use the title ‘architect’ pursuant to a law which gives the competent authority of a Member State the power to award that title to persons who are especially distinguished by the quality of their work in the field of architecture shall be deemed to satisfy the conditions required for the pursuit of the activities of an architect, under the professional title of ‘architect’.
(3)The architectural nature of the activities of a person to which paragraph
(2)relates shall be attested by a certificate awarded by the home Member State. Acquired rights specific to architects 59.
(1)The competent authority in the State for architects shall recognise— (
  1. a)evidence of formal qualifications as an architect listed in Annex VI to the Directive attesting a course of training which began no later than the reference academic year referred to in that Annex, even if they do not satisfy the minimum requirements laid down in Article 46 of the Directive, (
  2. b)certificates issued by the competent authorities of the Federal Republic of Germany attesting that evidence of formal qualifications issued on or after 8 May 1945 by the competent authorities of the German Democratic Republic is equivalent to evidence listed in Annex VI to the Directive, and (
  3. c)evidence of formal qualifications as an architect listed in Annex V to the Directive which do not satisfy the minimum requirements laid down in Article 46 of the Directive, where the training started before 18 January 2016,
(2)Without prejudice to paragraph
(1), and subject to paragraph
(3), the competent authority in the State for architects shall recognise certificates issued by the relevant authorities in the following states from the following dates: (
  1. a)1January 1995 for Austria, Finland and Sweden; (
  2. b)1May 2004 for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia; (
  3. c)1July 2013 for Croatia; and (
  4. d)5August 1987 for the other Member States.
(3)The certificates referred to in paragraph
(2)must certify that the holder— (
  1. a)was authorised, no later than the respective date, to use the professional title of architect, and (
  2. b)has been effectively engaged, under the applicable rules in the relevant Member State, in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.
(4)The competent authority in the State for architects shall recognise evidence of completion of training existing as of 5 August 1985 and commenced no later than 17 January 2014, provided by ‘Fachhochschulen’ in the Federal Republic of Germany over a period of three years, satisfying the requirements set out in Article 46
(2)of the Directive and giving access to the activities carried out in that Member State under the professional title of ‘architect’, in so far as the training was followed by a four-year period of professional experience in the Federal Republic of Germany, as attested by a certificate issued by the competent authority in whose roll the name of the architect wishing to benefit from this paragraph appears. Part 14Automatic recognition — common acquired rights Training begun before reference dates
  1. Where evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as midwife or as pharmacist does not satisfy all the training requirements referred to in Article 24, 25, 31, 34, 35, 38, 40 or 44 of the Directive, as appropriate, the competent authority in the State shall recognise as sufficient proof evidence of formal qualification issued in the relevant Member State insofar as such evidence attests successful completion of training which began before the relevant reference date laid down in point 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 or 5.6.2 of Annex V to the Directive and is accompanied by a certificate stating that the holder has been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years preceding the award of the certificate. German Democratic Republic
  2. The competent authority in the State shall recognise as sufficient proof evidence of formal qualification as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as midwife or as pharmacist, obtained in the territory of the former German Democratic Republic, which does not satisfy all the minimum training requirements laid down in Article 24, 25, 31, 34, 35, 38, 40 or 44 of the Directive, as appropriate, where such evidence certifies successful completion of training which began before— (a) 3October 1990 for a doctor with basic training, nurse responsible for general care, dental practitioner with basic training, specialised dental practitioner, veterinary surgeon, midwife or pharmacist, or (b) 3April 1992 for a specialised doctor. Czech Republic and Slovakia 62.
(1)Without prejudice to Regulation 42
(1)to
(3), and subject to paragraph
(2), the competent authority in the State shall recognise evidence of formal qualification as doctor giving access to the professional activities of doctor with basic training or specialised doctor, as nurse responsible for general care, as veterinary surgeon, as midwife, as pharmacist or as architect where— (
  1. a)the evidence of formal qualification was issued by the appropriate authority in the former Czechoslovakia, or (
  2. b)the evidence of formal qualification was issued by the appropriate authority in the Czech Republic or Slovakia and the person concerned commenced his or her training for such qualification before 1 January 1993, and where the appropriate authority of either of the two aforementioned Member States attests that such evidence of formal qualification has the same legal validity within its territory as the evidence of formal qualification which it issues and, with respect to architects, as the evidence of formal qualification specified for those Member States in point 6 of Annex VI to the Directive, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, veterinary surgeon, midwife, pharmacist with respect to the activities referred to in Regulation 54
(3)or architect with respect to the activities referred to in Regulation 58
(1), and the pursuit of such activities.
(2)The attestation referred to in paragraph
(1)must be accompanied by a certificate issued by the authority referred to in that paragraph stating that the person concerned has effectively and lawfully been engaged in the activities in question within its territory for at least three consecutive years during the five years prior to the date of issue of the certificate. Estonia, Latvia and Lithuania 63.
(1)Subject to paragraphs
(2)and
(3), the competent authority shall recognise evidence of formal qualification as doctor giving access to the professional activities of doctor with basic training or specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as midwife, as pharmacist or as architect where— (
  1. a)the evidence of formal qualification was issued by the appropriate authority in the former Soviet Union, (
  2. b)the person concerned commenced his or her training in Estonia before 20 August 1991, (
  3. c)the person concerned commenced his or her training in Latvia before 21 August 1991, or (
  4. d)the person concerned commenced his or her training in Lithuania before 11 March 1990, and where the appropriate authority of any of the three aforementioned Member States attests that such evidence has the same legal validity within its territory as the evidence which it issues and, with respect to architects, as the evidence of formal qualification specified for those Member States in point 6 of Annex VI to the Directive, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist with respect to the activities referred to in Regulation 54
(3)or architect with respect to the activities referred to in Regulation 58
(1), and the pursuit of such activities.
(2)An attestation referred to in paragraph
(1)must be accompanied by a certificate issued by the authority referred to in that paragraph stating that the person concerned has effectively and lawfully been engaged in the activities in question within its territory for at least three consecutive years during the five years prior to the date of issue of the certificate.
(3)With regard to evidence of formal qualification as a veterinary surgeon to which paragraph
(1)(
  1. a)or (
  2. b)applies, an attestation referred to in paragraph
(1)from the appropriate authority in Estonia must be accompanied by a certificate issued by that authority stating that the person concerned has effectively and lawfully been engaged in the activities in question within its territory for at least five consecutive years during the seven years prior to the date of issue of the certificate. Slovenia and Croatia 64.
(1)Without prejudice to Regulation 51
(6), and subject to paragraph
(2), the competent authority in the State shall recognise evidence of formal qualification, as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as midwife, as pharmacist or as architect where— (
  1. a)the evidence of formal qualification was issued by the appropriate authority in the former Yugoslavia, (
  2. b)the person concerned commenced his or her training in Slovenia before 25 June 1991, or (
  3. c)the person concerned commenced his or her training in Croatia before 8 October 1991, and where the appropriate authority of either of the two aforementioned Member States attests that such evidence has the same legal validity within its territory as the evidence which it issues and, with respect to architects, as the evidence of formal qualification specified for those Member States in point 6 of Annex VI to the Directive, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist with respect to the activities referred to in Regulation 54
(3)or architect with respect to the activities referred to in Regulation 58
(1), and the pursuit of such activities.
(2)An attestation referred to in paragraph
(1)must be accompanied by a certificate issued by the relevant authority referred to in that paragraph stating that the person concerned has effectively and lawfully been engaged in the activities in question within its territory for at least three consecutive years during the five years prior to the date of issue of the certificate. Different title for qualification 65.
(1)Subject to paragraph
(2), the competent authority in the State shall recognise as sufficient proof, for persons whose evidence of formal qualification as a doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, midwife or pharmacist does not correspond to the title for the relevant Member State given in point 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 or 5.6.2 of Annex V to the Directive, evidence of formal qualification issued by the appropriate authority in that Member State accompanied by a certificate issued by the competent authority or body.
(2)The certificate referred to in paragraph
(1)shall state that the evidence of formal qualification certifies successful completion of training in accordance with Article 24, 25, 28, 31, 34, 35, 38, 40 or 44 of the Directive, as appropriate, and is treated by the authority which issued it in the same way as the qualification the title of which is listed in point 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 or 5.6.2 of Annex V to the Directive, as appropriate. Part 15 Applications for recognition of professional qualifications Scope of Part 15 66. This Part applies to applications for recognition of professional qualifications under Parts 5 to 14. Applications procedure 67.
(1)An application shall be made to the competent authority in the State for the profession concerned.
(2)A competent authority in the State shall acknowledge receipt of an application within one month of receipt and inform the applicant of any missing documentation.
(3)Subject to paragraph
(4), the procedure for examining an application shall be completed as quickly as possible and, in any case, result in a duly substantiated decision by the competent authority in the State within 3 months after the date of submission of the completed application file.
(4)The time period referred to in paragraph
(3)may be extended by one month in the case of an application under Part 5 or 6. Documentation and formalities 68.
(1)A competent authority in the State may demand submission of the following documents and certificates for the purpose of considering an application: (
  1. a)proof that the applicant is an eligible person; (
  2. b)copies of the attestations of professional competence or of the evidence of formal qualifications giving access to the profession in question, and an attestation of the professional experience of the person concerned where applicable; (
  3. c)information concerning the applicant’s training to the extent necessary in order to determine the existence of potential substantial differences with the required training in the State, as laid down in Regulation 22; (
  4. d)in the case of an application pursuant to Part 6, a certificate concerning the nature and duration of the activity issued by the competent authority or body in the home Member State or the Member State from which the applicant comes; (
  5. e)where that competent authority requires of persons wishing to take up a regulated profession proof that they are of good character or repute or that they have not been declared bankrupt, or suspends or prohibits the pursuit of that profession in the event of serious professional misconduct or a criminal offence, documents issued by competent authorities in the home Member State or the Member State from which the applicant comes, showing that those requirements are met; (
  6. f)where that competent authority requires proof of the matters referred to in subparagraph (
  7. e)and the competent authorities of the home Member State or of the Member State from which the applicant comes do not issue the documents referred to in that subparagraph, a declaration on oath made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the home Member State or the Member State from which applicant comes, accompanied by a certificate from such authority or notary attesting the authenticity of the declaration on oath; (
  8. g)where that competent authority requires of nationals of the State wishing to take up the profession, a document relating to the physical or mental health of the applicant, the document required in the home Member State or, where the home Member State does not issue such a document, a certificate issued by a competent authority in the home Member State; (
  9. h)where that competent authority requires nationals of the State wishing to take up the profession to furnish— (
  10. i)proof of the applicants financial standing, or (
  11. ii)proof that the applicant is insured against the financial risks arising from his or her professional liability in accordance with the laws and regulations in force in the State regarding the terms and extent of cover, an attestation to that effect issued by the banks and insurance undertakings of another Member State; (
  12. i)where that competent authority so requires from nationals of the State wishing to pursue the profession, an attestation confirming the absence of temporary or final suspensions from exercising the profession or of criminal convictions; (
  13. j)in the case of applications under Parts 7 to 14, and where the applicant satisfies the conditions of training required, a certificate from the competent authority of the home Member State stating that the evidence of formal qualifications is that covered by the Directive.
(2)A competent authority shall accept the documents and certificates referred to in paragraph
(1)as sufficient evidence of the requirements to which they relate, unless the contrary is otherwise proved.
(3)Where it is impossible for an applicant to provide the information referred to in paragraph
(1)(c), the competent authority shall address the competent authority, or any other relevant body in the home Member State, or the point of single contact in that state, assigned in accordance with Article 6 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 200620 .
(4)Where a competent authority in the State is requested, by a person seeking to pursue a profession in another Member State pursuant to the Directive, to issue documents showing that the requirements referred to in the first paragraph of point 1(d) of Annex VII to the Directive have been satisfied, and it is the practice of the competent authority to provide such documents, the competent authority shall provide such documents within a period of two months.
(5)Where a solicitor or commissioner for oaths in the State witnesses a declaration on oath pursuant to the second paragraph of point 1d of Annex VII to the Directive, by a person seeking to pursue a profession in a Member State pursuant to the Directive, he or she shall issue a certificate attesting the authenticity of the declaration on oath.
(6)Where a competent authority in the State is requested, by a person seeking to pursue a profession in another Member State pursuant to the Directive, to issue a certificate referred to in point 1(e) of Annex VII to the Directive, the competent authority shall issue such certificate within a period of two months.
(7)A competent authority in the State shall not accept the documents referred to in paragraph
(1)(e), (f), (
  1. g)or (
  2. h)if they are more than three months old by the date on which they are submitted.
(8)A competent authority in the State shall guarantee the confidentiality of the information which it receives under this Regulation.
(9)Where an applicant is required to make a declaration on oath, and where the wording of the oath sworn by nationals of the State cannot be used by nationals of other Member State

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