**Important legal notice**

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# 52004PC0188

**Proposal for Council Decision on a Community position regarding the draft Decision of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons  /* COM/2004/0188 final */****

Proposal for COUNCIL DECISION on a Community position regarding the draft Decision of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (hereinafter referred to as "the Agreement") was signed on 21 June 1999 and came into force on 1 June 2002. The Community acts taken into account in Annex III were those in force on 31 December 1998.

That Annex must now be updated to take account of amendments made since 31 December 1998, essentially by Directives 1999/42/EC [1] and 2001/19/EC [2], in order to ensure a coherent and correct application of the Community legislation and avoid administrative and possibly legal difficulties.

[1]  OJ L 201, 31.7.1999, p.77.

[2]  OJ L 206, 31.7.2001, p.1.

The amendments to Annex III will take effect on the date on which the Decision enters into force. 

Proposal for COUNCIL DECISION on a Community position regarding the draft Decision of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, 

Having regard to Decision 2002/309/EC, Euratom of the Council, and of the Commission, as regards the agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation [3], and in particular Article 2 thereof,

[3]  OJ L114, of 30.4.2002, p.1.

Having regard to the proposal from the Commission [4]

[4]  OJ C [...] of [...], p. [...].

Whereas:

(1) The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (hereinafter referred to as "the Agreement") entered into force on 1 June 2002.

(2) Articles 14 and 18 of the Agreement provide for the amendment of Annex III on the mutual recognition of professional qualifications by decisions of the EU-Swiss Joint Committee on the free movement of persons.

(3) In order to ensure a coherent and correct application of Community legislation and to avoid administrative and possibly legal difficulties, Annex III should be amended to take account of the Community legislation which has entered into force since the Agreement was signed on 21 June 1999 and which is not currently mentioned.

(4) The Community must now adopt its position by a Decision of the Joint Committee,

Has decided as follows:

Sole Article

The position of the European Community in the Joint Committee created by Article 14 of the Agreement between the European Community and its Member State, of the one part, and the Swiss Confederation, of the other, on the free movement of persons shall be based on the draft Decision of the Joint Committee that is attached to this Decision. 

Done at Brussels, 

 For the Council

 The President

ANNEX

Draft Decision No[...] of the EU-Swiss Joint Committee on the free movement of persons amending Annex III (Mutual Recognition of Professional Qualifications) to the Agreement between the European Community and its Member States and the Swiss Confederation of [...]

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, and in particular Articles 14 and 18 thereof,

Whereas:

(1) The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (hereinafter referred to as "the Agreement") was signed on 21 June 1999 and came into force on 1 June 2002. The Community acts taken into account in Annex III were those in force on 31 December 1998.

(2) Annex III must now be updated to take account of amendments made since 21 June 1999, essentially by Directives 1999/42/EC [5] and 2001/19/EC [6]. 

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

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

(3) The amendments to Annex III will take effect from the date on which the proposed Decision enters into force,

HAS DECIDED AS FOLLOWS:

Article 1

Annex III to the Agreement shall be amended pursuant to the provisions of the Annex to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption by the Joint Committee.

Done at Brussels, 

 For the Committee

 The Chairman

 The secretaries

Proposed amendments to Annex III to the Agreement between the European Community and its Member States of the one part, and the Swiss Confederation of the other, on the free movement of persons

ANNEX III

Mutual recognition of professional qualifications

Section A

Acts referred to

A. General system

1. 389 L 0048: Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ L 19 of 24.1.1989, p. 16), as amended by.

- 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

2. 392 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/58/EEC (OJ L 209 of 24.7.1992, p. 25), as amended by:

- 394 L 0038: Commission Directive 94/38/EC of 26 July 1994 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 217 of 23.8.1994, p. 8).

- 395 L 0043: Commission Directive 95/43/EC of 20 July 1995 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 184 of 3.8.1995, p. 21).

- 95/1/EC, Euratom, ECSC, Adjusting the instruments concerning the accession of new Member States to the European Union.

- 397 L 0038: Commission Directive 97/38/EC of 20 June 1997 amending Annex C to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Council Directive 89/48/EEC (OJ L 184 of 3.8.1997, p. 31).

- 32001 L 0005: Commission Directive 2000/5/EC of 25.02.00 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC.

- 32001 L 0019:Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

3. 399 L 0042: Directive 99/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201 of 31.7.1999, p.77, with the corrigendum 31999L0042R(01) published in OJ L 23 of 25.1.2002, p.48).

B. Legal professions

4. 377 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78 of 26.3.1977, p. 17), as amended by:

- 1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291 of 19.11.1979, p. 91),

- 1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302 of 15.11.1985, p. 160),

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

The following text is added to Article 1(2):

"Switzerland:

Avocat

Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech, Avvocato."

398 L 0005: Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77 of 14.3.1998, p. 36).

For the purposes of the present agreement, the Directive is amended as follows:

The following text is added to Article 1(2)(a):

"Switzerland:

Avocat

Avocat, Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech, Avvocato."

C. Medical and paramedical acitivities

6. 381 L 1057: Council Directive 81/1057/EEC of 14 December 1981 supplementing Directives 75/362/EEC, 77/452/EEC, 78/686/EEC and 78/1026/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of doctors, nurses responsible for general care, dental practitioners and veterinary surgeons respectively, with regard to acquired rights (OJ L 385 of 31.12.1981, p. 25).

Doctors of medicine

7. 393 L 0016: Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications ( OJ L 165 of 7.7.1993, p. 1), as amended by:

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

- 398 L 0021: Commission Directive 98/21/EC of 8 April 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 119 of 22.04.1998, p. 15).

- 398 L 0063: Commission Directive 98/63/EC of 3 September 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 253 of 15.09.1998, p. 24).

- 399 L 0046: Commission Directive 1999/46/EC of 21 May 1999 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications. 

-  32001 L 0019 : Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

- 52002 XC 0316 (02) : Communication: Notification of Titles of Qualification in Specialised Medicine.

- 52002 XC 1128 (01) : Notification of Titles of Qualification in Specialised Medicine.

(a) Article 3 is replaced by Annex A on diplomas, certificates and other evidence of formal qualifications, to which the following text is added :

ANNEX A

Diplomas, certificates and other evidence of formal qualifications in medicine

>TABLE POSITION>

(b) Article 5 is replaced by Annex B on diplomas, certificates and other evidence of formal qualifications in specialised medicine, to which the following text is added :

 ANNEX B

Diplomas, certificates and other evidence of formal qualifications in specialised medicine

>TABLE POSITION>

(c) Articles 5(3) and 7(2) are replaced by Annex C on titles of training courses in specialised medicine, to which the following text is added:

Annex C

Types of specialist medical training

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6(a). 96/C/216/03: List of designations of diplomas, certificates and other evidence of formal qualifications as general medical practitioner published in accordance with Article 41 of Directive 93/16/EEC

(i) titles of diplomas, certificates and other evidence of formal qualifications

"diplôme de médecin praticien"

"Diplom als praktischer Arzt"

"diploma di medico generico"

(ii) professional titles:

" médecin praticien"

" praktischer Arzt" 

" medico generico"

Nurses

8. 377 L 0452: Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of this right of establishment and freedom to provide services (OJ L 176 of 15.7.1977, p. 1), as amended by:

- 1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291 of 19.11.1979, p. 91),

- 1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302 of 15.11.1985, p. 160),

- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341 of 23.11.1989, p. 19.)

- 389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ L 341 of 23.11.1989, p. 30).

- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353 of 17.12.1990, p. 73.),

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

- 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

For the purposes of the present agreement, the Directive is amended as follows:

(a)  The following text is added to Article 1(2):

 "in Switzerland:

 infirmière, infirmier 

 Pflegefachfrau, Pflegefachmann

 infermiera, infermiere"

b)  Article 3 is replaced by the Annex on diplomas, certificates and other evidence of formal qualifications in nursing (general care), to which the following text is added :

Annex

Titles of diplomas, certificates and other evidence of formal qualifications in nursing (general care)

>TABLE POSITION>

9. 377 L 0453: Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of nurses responsible for general care (OJ L 176 of 15.7.1977, p. 8), as amended by:

- 389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ L 341 of 23.11.1989, p. 30).

-  32001 L 0019 : Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

Dental practitioners

10. 378 L 0686: Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 233 of 24.8.1978, p. 1), as amended by:

- 1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291 of 19.11.1979, p. 91),

- 1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302 of 15.11.1985, p. 160),

- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341 of 23.11.1989, p. 19.)

- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353 of 17.12.1990, p. 73.),

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

-   32001 L 0019 : Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

For the purposes of the present agreement, the Directive is amended as follows:

a. The following text is added to Article 1:

 "in Switzerland:

 médecin dentiste

 Zahnarzt

 Medico-dentista"

b. Article 3 is replaced by Annex A on the diplomas, certificates and other evidence of the formal qualifications of dental practitioner, to which the following text is added:

ANNEX A

Titles of diplomas, certificates and other evidence of formal qualifications of dental practitioners

>TABLE POSITION>

c.      Article 5, point 1, is replaced by Annex B on the titles of diplomas, certificates and other evidence of formal qualifications of practitioners of specialist dentistry, to which the following text is added :

ANNEX B

Titles of diplomas, certificates and other evidence of formal qualifications of specialist dental practitioners

a. Orthodontics

>TABLE POSITION>

b. Oral surgery

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11. 378 L 0687: Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners (OJ L 233 of 24.8.1978, p. 10), as amended by:

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

- 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

Veterinary surgeons

12. 378 L 1026: Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 362 of 23.12.1978, p. 1), as amended by:

- 1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291 of 19.11.1979, p. 92),

- 1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302 of 15.11.1985, p. 160),

- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341 of 23.11.1989, p. 19.)

- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353 of 17.12.1990, p. 73.),

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

-   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

a) Article 3 is replaced by the Annex on diplomas, certificates and other evidence of formal qualifications in veterinary medicine, to which the following text is added :

Annex

Titles of diplomas, certificates and other evidence of formal qualifications in veterinary medicine

>TABLE POSITION>

13. 378 L 1027: Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons (OJ L 362 of 23.12.1978, p. 7), as amended by:

- 89 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341 of 23.11.1989, p. 19.)

- 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

Midwives

14. 380 L 0154: Council Directive 80/154/EEC of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 33 of 11.2.1980, p. 1), as amended by: 2. 1980, p.1), as amended by :

- 380 L 1273: Council Directive 80/1273/EEC of 22 December 1980 (OJ L 375 of 31.12.1980, p. 74),

- 1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302 of 15.11.1985, p. 161),

- 89 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341 of 23.11.1989, p. 19.)

- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353 of 17.12.1990, p. 73.),

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

- 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor

For the purposes of the present agreement, the Directive is amended as follows:

a) The following text is added to Article 1:

"in Switzerland:

sage femme

Hebamme

levatrice "

b) Article 3 is replaced by the Annex on diplomas, certificates and other evidence of formal qualifications of midwifery, to which the following text is added :

Annex

Titles of diplomas, certificates and other evidence of formal qualifications in midwifery

>TABLE POSITION>

15. 380 L 0155: Council Directive 80/155/EEC of 21 January 1980 concerning the coordination of provisions laid down by law, regulation or administrative action relating to the taking up and pursuit of the activities of midwives (OJ L 33 of 11.2.1980, p. 8), as amended by:

- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341 of 23.11.1989, p. 19.)

- 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

Pharmacy

16. 385 L 0432: Council Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy (OJ L 253 of 24.9.1985, p. 34), as amended by.

- 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

17. 385 L 0433: Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (OJ L 253 of 24.9.1985, p. 37), as amended by:

- 385 L 0584: Council Directive 85/584/EEC of 20 December 1985 (OJ L 372 of 31.12.1985, p. 42),

- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353 of 17.12.1990, p. 73.),

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

- 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

For the purposes of the present agreement, the Directive is amended as follows:

Article 4 is replaced by the Annex on diplomas, certificates and other evidence of professional qualifications in pharmacy, to which the following text is added :

Annex

Titles of diplomas, certificates and other evidence of formal qualifications in pharmacy

>TABLE POSITION>

D. Architecture

18. 385 L 0384: Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 223 of 21.8.1985, p. 15), as amended by:

- 385 L 0614: Council Directive 85/614/EEC of 20 December 1985 (OJ L 376 of 31.12.1985, p. 1),

- 386 L 0017: Council Directive 86/17/EEC of 27 January 1986 (OJ L 27 of 1.2.1986, p. 71),

- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353 of 17.12.1990, p. 73.),

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

- 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

(a) The following text is added to Article 11:

"in Switzerland:

- the diplomas awarded by the écoles polytechniques fédérales / Eidgenössische Technische Hochschulen / Politecnici Federali: arch. dipl. EPF / dipl. Arch. ETH / arch. dipl. PF,

- the diplomas awarded by the Ecole d'architecture de l'Université de Genève : architecte diplômé EAUG,

- the certificates of the Fondation des registres suisses des ingénieurs, des architectes et des techniciens / Stiftung der Schweizerischen Register der Ingenieure, der Architekten und der Techniker / Fondazione dei Registri svizzeri degli ingegneri, degli architetti e dei tecnici (REG): architecte REG A / Architekt REG A / architetto REG A,

b)  Article 15 does not apply.

19. 98/C/217: Diplomas, certificates and other evidence of formal qualifications in Architecture which are the object of mutual recognition by the Member States (updating of Communication 96/C 205 of 16 July 1996) (OJ C 217 of 11.7.1998).

(updated by Communications 99/C/351/10 of 4 December 1999, OJ C 351 of 4 December 1999, 2001 C/333/02 of 28 No vember 2001, OJ C 333 of 28 November 2001, 2002/C 214/03 of 10 September 2002, with the corrigendum published in OJ C 79 of 2/4/2003 and 2003/C. 

For the purposes of the present agreement, the following text is added to the update 2003/C 294/02 of 4 December 2003, OJ 294 of 4 December 2003 (with the corrigendum published in OJ C 297 of 9 December 2003):

"in Switzerland:

- les diplômes délivrés par l' Accademia di Architettura dell'Università della Svizzera Italiana: diploma di architettura (arch. dipl. USI).

E. Commerce and intermediaries

20. Directives Nos. 364 L 022, 364 L 0223, 364 L 0224, 368 L 0363, 368 L 0364, 370 L 0522, 370 L 0523 and 375 L 0369 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201 of 31.7.1999 p.77, with the corrigendum 31999L0042R (01) published  in OJ  L 23 of 25.1.2002, p 48).

Trade in and distribution of toxic products

21. 374 L 0556: Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries (OJ L 307 of 18.11.1974, p. 1).

21a. 374 L 0557: Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products (OJ L 307 of 18.11.1974, p. 5), as amended by:

- 95/1/EC, Euratom, ECSC, adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

"in Switzerland:

All the products and toxic substances set out in Article 2 of the poisons act (SR 814.80), and in particular those on the list of toxic substances and products in classes 1, 2 and 3, in accordance with Article 3 of the Regulation on toxic substances (SR 814.801)."

Self-employed commercial agents

22. 386 L 0653: Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ L 382 of 31.12.1986, p. 17).

F. Industry and small craft industries

23. The Directives Nos. 364 L 0427, 364 L 0429, 364 L 0428, 366 L 0162, 368 L 0365, 368 L 0366 and 369 L 0082 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201 of 31.7.1999 p.77, with the corrigendum 31999L0042R (01) published  in OJ  L 23 of 25.1.2002, p 48).

G. Activities incidental to transport

24. The Directive No 382 L 0470 is repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201 of 31.7.1999 p.77, with the corrigendum 31999L0042R (01) published  in OJ  L23 of  25.1.2002, p 48).

H. Film industry

25. The Directives Nos.  363 L 0607, 365 L 0264, 368 L 0369 and 370 L 0451 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201 of 31.7.1999 p.77, with the corrigendum 31999L0042R (01) published  in OJ  L 23 of 25.1.2002, p 48).

I. Other sectors

26. The Directives Nos.  367 L 0043, 368 L 0367, 368 L 0368, 375 L 0368 et 382 L 0489 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201 of 31.7.1999 p.77, with the corrigendum 31999L0042R (01) published  in OJ  L 23 of 25.1.2002, p 48).

J. Agriculture

27.The Directives Nos. 363 L 0261, 363 L 0262, 365 L 0001, 367 L 0530, 367 L 0531, 367 L 0532, 367 L 0654, 368 L 0192, 368 L 0415 et 371 L 0018 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201 of 31.7.1999 p.77, with the corrigendum 31999L0042R (01) published  in OJ  L23 of 25.1.2002, p 48).

.

K. Miscellaneous

28. 385 D 0368: Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (OJ L 199 of 31.7.1985, p. 56).

Section B

Acts of which the parties shall take note

The contracting parties shall take note of the content of the following acts:

In general terms

29. 374 Y 0820(01): Council Resolution of 6 June 1974 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications (OJ C 98 of 20.8.1974, p. 1).

General system

30. 389 L 0048: Declaration of the Council and the Commission on Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ L 19 of 24.1.1989, p. 23).

Doctors of medicine

31. 375 X 0366: Council Recommendation 75/366/EEC of 16 June 1975 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred in a third country (OJ L 167 of 30.6.1975, p. 20). 

32. 375 X 0367: Council Recommendation 75/367/EEC of 16 June 1975 on the clinical training of doctors (OJ L 167 of 30.6.1975, p. 21).

33. 375 Y 0701(01): Council statements made on adopting the texts concerning freedom of establishment and freedom to provide services for doctors within the Community (OJ C 146 of 1.7.1975, p. 1).

34. 386 X 0458: Council Recommendation 86/458/EEC of 15 September 1986 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred by a third State (OJ L 267 du 19.09.1986, p. 30).

35. 389 X 0601: Commission Recommendation 89/601/EEC of 8 November 1989 concerning the training of health personnel in the matter of cancer (OJ L 346 of 27.11.1989, p. 1).

Dental practitioners

36. 378 Y 0824(01): Council Statement on the Directive concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental surgeons (OJ C 202 of 24.8.1978, p. 1).

Veterinary medicine

37. 378 X 1029: Council Recommendation 78/1029/EEC of 18 December 1978 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in veterinary medicine conferred in a third country (OJ L 362 of 23.12.1978, p. 12).

38. 378 Y 1223(01): Council statements on the Directive concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ C 308 of 23.12.1978, p. 1).

Pharmacy

39. 385 X 0435: Council Recommendation 85/435/EEC of 16 September 1985 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in pharmacy conferred in a third State (OJ L 253 of 24.9.1985, p. 45).

Architecture

40. 385 X 0386: Council Recommendation 85/386/EEC of 10 June 1985 concerning holders of a diploma in architecture awarded in a third country (OJ L 223 of 21.8.1985, p. 28).