1980L0154 — EN — 01.05.2004 — 007.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of21January1980
concerningthemutualrecognitionofdiplomas,certificatesandotherevidenceofformalqualifica-
tions in midwifery and including measures to facilitate the effective exercise of the right of
establishmentandfreedomtoprovideservices
(80/154/EEC)
(OJ L 33, 11.2.1980, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive 80/1273/EEC of 22 December 1980 L 375 74 31.12.1980
►M2Council Directive 89/594/EEC of 30 October 1989 L 341 19 23.11.1989
►M3Council Directive 90/658/EEC of 4 December 1990 L 353 73 17.12.1990
►M4Directive 2001/19/EC of the European Parliament and of the Council of
14 May 2001L 206 1 31.7.2001
Amended by:
►A1Act of Accession of Spain and Portugal L 302 23 15.11.1985
►A2Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
►A3Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic ofMalta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
▼B
COUNCILDIRECTIVE
of21January1980
concerning the mutual recognition of diplomas, certificates and
other evidence of formal qualifications in midwifery and includingmeasurestofacilitatetheeffectiveexerciseoftherightofestablish-
mentandfreedom toprovideservices
(80/154/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 49, 57 and 66 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas, pursuant to the Treaty, all discriminatory treatment based on
nationality withregard to establish ment and provision of services is
prohibited as from the end of the transitional period; whereas the prin-ciple of suchtreatment based on nationality applies in particular to th egrant of any authorization required to practise as a midwife and also tothe registration, with or membership of professional organizations orbodies;
Whereas it nevertheless seems desirable that certain provisions be
introduced to facilitate the effective exercise of the right of establish-ment and freedom to provide services in respect of the activities ofmidwives;
Whereas, pursuant to the Treaty, the Member States are required not to
grant any form of aid likely to distort the conditions of establishment;
Whereas Article 57 (1) of the Treaty provides that Directives be issued
for mutual recognition of diplomas, certificates and other evidence offormal qualifications;
Whereas it would appear advisable that, contemporaneously with the
mutual recognition of diplomas, provision should be made for coordi-nating the conditions governing the training of midwives; whereas suchcoordination is the subject of Directive 80/155/EEC (
4);
Whereas in the Member States the law makes the right to take up and
pursue the activities of midwife dependent upon the possession of amidwifery diploma;
Whereas, with regard to the possession of a formal certificate of
training, since a Directive on the mutual recognition of diplomas does
not necessarily imply equivalence in the training covered by such
diplomas, the use of such qualifications should be authorized only inthe language of the Member State of origin or of the Member Statefrom which the foreign national comes;
Whereas, to facilitate the application of this Directive by the national
authorities, Member States may prescribe that, in addition to formal
certificates of training, the person who satisfies the conditions oftraining required by this Directive must provide a certificate from thecompetent authorities of his country of origin or of the country fromwhich he comes stating that these certificates of training are thosecovered by the Directive;
Whereas, in the case of the provision of services, the requirement of
registration withor membersh ip of professional organizations or1980L0154 — EN — 01.05.2004 — 007.001 — 2
(1) OJ No C 18, 12. 2. 1970, p. 1.
(2) OJ No C 101, 4. 8. 1970, p. 26.
(3) OJ No C 146, 11. 12. 1970, p. 17.
(4) See page 8 of this Official Journal.
▼B
bodies, since it is related to the fixed and permanent nature of the
activity pursued in the host country, would undoubtedly constitute anobstacle to the person wishing to provide the service, by reason of the
temporary nature of his activity; whereas this requirement should there-
fore be abolished; whereas however, in this event, control overprofessional discipline, which is the responsibility of these professionalorganizations or bodies, should be guaranteed; whereas, to this end, itshould be provided, subject to the application of Article 62 of the
Treaty, that the person concerned may be required to submit to the
competent authority of the host Member State particulars relating tothe provision of services;
Whereas, with regard to the requirements relating to good character
and good repute, a distinction should be drawn between the require-
ments to be satisfied on first taking up the profession and those to besatisfied to practise it;
Whereas, as far as the activities of employed midwives are concerned,
Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedomof movement for workers within the Community (
1) lays down no
specific provisions relating to good character or good repute, profes-sional discipline or use of title for the professions covered; whereas,depending on the individual Member State, such rules are or may be
applicable both to employed and self-employed persons; whereas the
activities of midwives are subject in all Member States to possessionof a diploma, certificate or other evidence of formal qualification inmidwifery; whereas such activities are pursued by both employed andself-employed persons, or by the same persons in both capacities in the
course of their professional career; whereas, in order to encourage as
far as possible the free movement of those professional persons withinthe Community, it therefore appears necessary to extend this Directiveto employed midwives,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE
Article 1
1. This Directive shall apply to the activities of midwives as defined
by eachMember State, with out prejudice to Article 4 of Directive 80/155/EEC, and pursued under the following professional titles:
in the Federal Republic of Germany:
—►
M2‘Hebamme’ or‘Entbindungspfleger’ ◄;
in Belgium:— ‘accoucheuse/vroedvrouw’;in Denmark:— ‘jordemoder’;in France:— ‘sage-femme’;in Ireland:— midwife;in Italy:— ‘ostetrica’;in Luxembourg:— ‘sage-femme’;
in the Netherlands
— ‘verloskundige’;1980L0154 — EN — 01.05.2004 — 007.001 — 3
(1) OJ No L 257, 19. 10. 1968, p. 2.
▼B
in the United Kingdom:
— midwife;
in Greece:
—►M2‘µαία’or‘µαιευτής’◄;
in Spain:
— ‘matrona’ or ‘asistente obstétrico’;
in Portugal:
— ‘enfermeiro especialista em enfermagem de saúde materna e obsté-
trica’;
in Austria:
— ‘Hebamme’;
in Finland:— ‘kätilö — barnmorska’;in Sweden:
— ‘barnmorska’;
in the Czech Republic:
— ‘Porodní asistentka/porodní asistent’;in Estonia:
— ‘Ämmaemand’;
in Cyprus:—‘ΕγγεγραµµένηΜαία ’;
in Latvia:
— ‘Vecm āte’;
in Lithuania:— ‘Akušeris’,in Hungary:
— ‘Szülészn ő’;
in Malta:— ‘Qabla’;in Poland:
— ‘Poło żna’;
in Slovenia:— ‘Diplomirana babica / Diplomirani babi čar’;
in Slovakia:
— ‘Pôrodná asistentka’.
CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMALQUALIFICATIONSINMIDWIFERY
Article 2
1. Each Member State shall recognize the diplomas, certificates and
other evidence of formal qualifications in midwifery awarded tonationals of Member States by the other Member States and►
M4listed in the Annex ◄which satisfy the minimum programme1980L0154 — EN — 01.05.2004 — 007.001 — 4
▼M1
▼A1
▼A2
▼A3
▼B
▼B
mentioned in Article 1 (1), (3) and (4) of Directive 80/155/EEC and
comply withone of th e following conditions:
— full-time training in midwifery lasting at least three years:
— either subject to possession of a diploma, certificate or other
evidence of formal qualifications giving right of admittance touniversity or higher-education establishments or, failing this,attesting an equivalent level of knowledge,
— or followed by professional practice for which the certificate
referred to in Article 4 of this Directive is issued,
— full-time training in midwifery lasting at least two years or 3 600
hours subject to possession of a diploma, certificate or other
evidence of formal qualifications as a nurse responsible for general
care, ►
M4referred to in the Annex to Directive 77/452/
EEC ◄(1)
— full-time training in midwifery lasting at least 18 months or 3 000
hours subject to possession of a diploma, certificate or otherevidence of formal qualifications as a nurse responsible for generalcare►
M4referred to in the Annex to Directive 77/452/EEC ◄
and followed by professional practice for which the certificate
referred to in Article 4 of this Directive is issued.
2. Each Member State shall, as far as the right to take up and pursue
the activities of midwives in a self-employed capacity is concerned,give diplomas, certificates and other evidence of formal qualifications
recognized by it the same effect in its territory as those which the
Member State itself awards.
Article 4
The certificate provided for in Article 2 shall be issued by the compe-
tent authorities of the Member State of origin or of the Member State
from which the foreign national comes. It shall certify that the holder
has satisfactorily, after qualifying as a midwife, carried out all theactivities of a midwife in a hospital or other health establishmentapproved for this purpose, for a period fixed as follows:
— two years in the case provided for in the second sub-indent of the
first indent of Article 2 (1),
— one year in the case provided for in the third indent of Article 2 (1).
CHAPTER III
EXISTINGCIRCUMSTANCES
Article 5
1. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications do not satisfy all theminimum training requirements laid down in Article 1 of Directive 80/155/EEC, each Member State shall recognize as sufficient evidence thediplomas, certificates and other evidence of the formal qualifications of
midwives awarded by those Member States prior to and during a period
of not more than six years after the notification of this Directive,accompanied by a certificate stating, that those nationals have effec-tively and lawfully been engaged in the activities in question for atleast three years during the five years prior to the date of issue of thecertificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications satisfy all theminimum training requirements laid down in Article 1 of Directive80/155/EEC, but, by virtue of Article 2 of the present Directive, needbe recognized only if they are accompanied by the certificate of profes-1980L0154 — EN — 01.05.2004 — 007.001 — 5
(1) OJ No L 176, 15. 7. 1977, p. 1.▼M4
▼B
▼B
sional practice referred to in Article 4, eachMember State sh all recog-
nize as sufficient evidence the diplomas, certificates and other evidenceof formal qualifications of midwives awarded by those Member States
prior to the entry into force of the present Directive, accompanied by a
certificate stating that those nationals have effectively and lawfullybeen engaged in the activities in question for at least two years duringthe five years prior to the date of issue of the certificate.
3. Without prejudice to Article 4, in the case of nationals of
Member States whose diplomas, certificates and other evidence of
formal qualifications as midwife do not conform withth e qualificationsor designations set out in ►
M4the Annex ◄, eachMember State
shall recognize as being sufficient proof diplomas, certificates andother evidence of formal qualifications awarded by those MemberStates accompanied by a certificate issued by the competent authorities
or bodies. The certificate shall state that the diplomas, certificates and
other evidence of formal qualifications as midwife were awardedfollowing training in accordance withth e provisions of Directive 80/155/EEC, referred to in Article 2 of this Directive and are treated bythe Member State which awarded them as the qualifications or designa-
tions set out in ►
M4the Annex ◄of this Directive.
Article 5a
1. In the case of Member States whose diplomas, certificates and
other evidence of formal qualifications as midwife attest to trainingreceived on the territory of the former German Democratic Republic
which does not satisfy all the minimum training requirements laid
down in Article 1 of Directive 80/155/EEC, Member States other thanGermany shall recognize those diplomas, certificates and otherevidence of formal qualifications as being sufficient proof if:
— they attest to training commenced before German unification;
— they entitle the holder to pursue the activities of a midwife
throughout the territory of Germany under the same conditions as
the qualifications awarded by the competent German authoritiesand referred to in ►
M4the Annex ◄, and
— they are accompanied by a certificate issued by the competent
German authorities stating that those nationals have effectively and
lawfully been engaged in the activities in question in Germany for
at least three years during the five years prior to the date of issue ofthe certificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications as midwives attest to
training received in the territory of the former German DemocraticRepublic which satisfies all the minimum training requirements laiddown in Article 1 of Directive 80/155/EEC but which, pursuant toArticle 2, has to be recognized only if it is complemented by the
professional practice referred to in Article 4, Member States other
than Germany shall recognize those diplomas, certificates and otherevidence of formal qualifications as being sufficient proof if:
— they attest to training commenced before German unification, and
— they are accompanied by a certificate stating that those nationals
have effectively and lawfully been engaged in the activities in ques-tion in Germany for at least two years during the five years prior to
the date of issue of the certificate.
Article 5b
As regards Polishqualifications in midwifery, only th e following
acquired rights provisions will apply:
In the case of nationals of the Member States whose diplomas, certifi-
cates and other evidence of formal qualifications in midwifery wereawarded by, or whose training started in, Poland before the date ofaccession and which does not satisfy the minimum training require-1980L0154 — EN — 01.05.2004 — 007.001 — 6
▼M2
▼M3
▼A3
▼A3
ments laid down in Article 1 of Directive 80/155/EEC, Member States
shall recognise the following diplomas, certificates and other evidenceof formal qualifications in midwifery as being sufficient proof if
accompanied by a certificate stating that those Member State nationals
have effectively and lawfully been engaged in the activities of amidwife in Poland for the period specified below:
— diploma of bachelor of midwifery (dyplom licencjata poło żnictwa) -
at least three consecutive years during the five years prior to thedate of issue of the certificate,
— Diploma of midwife (dyplom poło żnej) withpost-secondary educa-
tion obtained from a medical vocational school - at least fiveconsecutive years during the seven years prior to the date of issueof the certificate.
Article 5c
1. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications in midwifery wereawarded by, or whose training started in, the former Czechoslovakiabefore 1 January 1993, each Member State shall recognise thosediplomas, certificates and other evidence of formal qualifications inmidwifery as being sufficient proof when the authorities of the Czech
Republic attest that those qualifications have, on its territory, the same
legal validity as Czechqualifications in midwifery as regards access tothe profession of midwife and practice thereof. Such attestation mustbe accompanied by a certificate issued by the same authorities statingthat those Member State nationals have effectively and lawfully been
engaged in the activity in question in the territory of the Czech
Republic for at least three consecutive years during the five years priorto the date of issue of the certificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications in midwifery wereawarded by, or whose training started in, the former Soviet Union
before 20 August 1991, each Member State shall recognise those
diplomas, certificates and other evidence of formal qualifications inmidwifery as being sufficient proof when the authorities of Estoniaattest that those qualifications have, on its territory, the same legalvalidity as Estonian qualifications in midwifery as regards access tothe profession of midwife and practice thereof. Such attestation must
be accompanied by a certificate issued by the same authorities stating
that those Member State nationals have effectively and lawfully beenengaged in the activity in question in the territory of Estonia for atleast three consecutive years during the five years prior to the date ofissue of the certificate.
3. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications in midwifery wereawarded by, or whose training started in, the former Soviet Unionbefore 21 August 1991, each Member State shall recognise thosediplomas, certificates and other evidence of formal qualifications inmidwifery as being sufficient proof when the authorities of Latvia
attest that those qualifications have, on its territory, the same legal
validity as Latvian qualifications in midwifery as regards access to theprofession of midwife and practice thereof. Such attestation must beaccompanied by a certificate issued by the same authorities statingthat those Member State nationals have effectively and lawfully beenengaged in the activity in question in the territory of Latvia for at least
three consecutive years during the five years prior to the date of issue
of the certificate.
4. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications in midwifery wereawarded by, or whose training started in, the former Soviet Union
before 11 March 1990, each Member State shall recognise those
diplomas, certificates and other evidence of formal qualifications inmidwifery as being sufficient proof when the authorities of Lithuaniaattest that those qualifications have, on its territory, the same legalvalidity as Lithuanian qualifications in midwifery as regards access tothe profession of midwife and practice thereof. Such attestation must1980L0154 — EN — 01.05.2004 — 007.001 — 7
▼A3
be accompanied by a certificate issued by the same authorities stating
that those Member State nationals have effectively and lawfully beenengaged in the activity in question in the territory of Lithuania for at
least three consecutive years during the five years prior to the date of
issue of the certificate.
5. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications in midwifery wereawarded by, or whose training started in, the former Czechoslovakiabefore 1 January 1993, each Member State shall recognise those
diplomas, certificates and other evidence of formal qualifications in
midwifery as being sufficient proof when the authorities of Slovakiaattest that those qualifications have, on its territory, the same legalvalidity as Slovak qualifications in midwifery as regards access to theprofession of midwife and practice thereof. Such attestation must be
accompanied by a certificate issued by the same authorities stating
that those Member State nationals have effectively and lawfully beenengaged in the activity in question in the territory of Slovakia for atleast three consecutive years during the five years prior to the date ofissue of the certificate.
6. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications in midwifery were
awarded by, or whose training started in, Yugoslavia before 25 June
1991, each Member State shall recognise those diplomas, certificatesand other evidence of formal qualifications in midwifery as being suffi-cient proof when the authorities of Slovenia attest that thosequalifications have, on its territory, the same legal validity as Slovenian
qualifications in midwifery as regards access to the profession of
midwife and practice thereof. Such attestation must be accompaniedby a certificate issued by the same authorities stating that thoseMember State nationals have effectively and lawfully been engaged inthe activity in question in the territory of Slovenia for at least threeconsecutive years during the five years prior to the date of issue of
the certificate.
CHAPTER IV
USEOFACADEMICTITLE
Article 6
1. Without prejudice to Article 15, host Member States shall ensure
that nationals of Member States who fulfil the conditions laid down inArticles 2 and 5 have the right to use the lawful academic title, inas-much as it is not identical to the professional title, or, where
appropriate, the abbreviation thereof of their Member State of origin
or of the Member State from which they come, in the language orlanguages of that State. Host Member States may require this title tobe followed by the name and location of the establishment or exam-ining board which awarded it.
2. If the academic title used in the Member State of origin, or in the
Member State from which a foreign national comes, can be confused in
the host Member State with a title requiring, in that State, additionaltraining which the person concerned has not undergone, the hostMember State may require sucha person to use th e title employed inthe Member State of origin or the Member State from which he comesin a suitable form to be indicated by the host Member State.1980L0154 — EN — 01.05.2004 — 007.001 — 8
▼B
▼B
CHAPTER V
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE
OF THE RIGHT OF ESTABLISHMENT ANDFREED OM TOPROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF
MIDWIVES
A.Provisionsspecifically relatingtotherightofestablishment
Article 7
1. A host Member State which requires of its nationals proof of
good character or good repute when they take up for the first time
any activity referred to in Article 1 shall accept as sufficient evidence,
in respect of nationals of other Member States, a certificate issued by acompetent authority in the Member State of origin or in the MemberState from which the foreign national comes, attesting that the require-ments of the Member State as to good character or good repute fortaking up the activity in question have been met.
2. Where the Member State of origin or the Member State from
which the foreign national comes does not require proof of good char-acter or good repute of persons wishing to take up the activity inquestion for the first time, the host Member State may require of
nationals of the Member State of origin or of the Member State from
which the foreign national comes an extract from the judicial record or,failing this, an equivalent document issued by a competent authority inthe Member State of origin or the Member State from which theforeign national comes.
3. If the host Member State has detailed knowledge of a serious
matter which occurred outside its territory prior to the establishmentof the person concerned in that State and which is likely to affect thetaking up within its territory of the activity concerned, it may informthe Member State of origin or the Member State from which the
foreign national comes.
The Member State of origin or the Member State from which the
foreign national comes shall verify the accuracy of the facts if theyare likely to affect in that Member State the taking up of the activity
in question. The authorities in that State shall decide on the nature
and extent of the investigation to be made and shall inform the hostMember State of any consequential action which they take with regardto the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information
which is forwarded.
Article 8
1. Where, in a host Member State, provisions laid down by law,
regulation or administrative action are in force laying down require-
ments as to good character or good repute, including provisions fordisciplinary action in respect of serious professional misconduct orconviction for criminal offences and relating to the pursuit of any ofthe activities referred to in Article 1, the Member State of origin or
the Member State from which the foreign national comes shall forward
to the host Member State all necessary information regarding measuresor disciplinary action of a professional or administrative nature taken inrespect of the person concerned, or criminal penalties imposed on himwhen pursuing his profession in the Member State of origin or in theMember State from which he came.
2. If the host Member State has detailed knowledge of a serious
matter which has occurred prior to the establishment of the personconcerned in that State outside its territory and which is likely to affectthe pursuit within its territory of the activity concerned, it may inform
the Member State of origin or the Member State from which the
foreign national comes.
The Member State of origin or the Member State from which the
foreign national comes shall verify the accuracy of the facts if they1980L0154 — EN — 01.05.2004 — 007.001 — 9
▼B
are likely to affect in that Member State the pursuit of the activity in
question. The authorities in that State shall decide on the nature andextent of the investigation to be made and shall inform the host
Member State of any consequential action which they take with regard
to the information they have forwarded in accordance with paragraph1.
3. Member States shall ensure the confidentiality of the information
which is forwarded.
Article 9
Where a host Member State requires of its own nationals wishing to
take up or pursue any of the activities referred to in Article 1 a certifi-cate of physical or mental health, that State shall accept as sufficientevidence thereof the presentation of the document required in theMember State of origin or in the Member State from which the foreign
national comes.
Where the Member State of origin or the Member State from which the
foreign national comes does not impose any requirements of this nature
on those wishing to take up or pursue the activity in question, the hostMember State shall accept from such national a certificate issued by acompetent authority in that State corresponding to the certificatesissued in the host Member State.
Article 10
Documents issued in accordance withArticles 7, 8 and 9 may not be
presented more than three months after their date of issue.
Article 11
1. The procedure for authorizing the person concerned to take up
any activity referred to in Article 1, pursuant to Articles 7, 8 and 9must be completed as soon as possible and not later than three monthsafter presentation of all the documents relating to such person, withoutprejudice to delays resulting from any appeal that may be made uponthe termination of this procedure.
2. In the cases referred to in Articles 7 (3) and 8 (2), a request for
re-examination shall suspend the period stipulated in paragraph 1.
The Member State consulted shall give its reply within three months.
On receipt of the reply or at the end of the period the host Member
State shall continue with the procedure referred to in paragraph 1.
Article 12
Where a host Member State requires its own nationals wishing to take
up or pursue one of the activities referred to in Article 1 to take an oathor make a solemn declaration and where the form of such oath or
declaration cannot be used by nationals of other Member States, that
Member State shall ensure that an appropriate and equivalent form ofoathor declaration is offered to th e person concerned
B.Provisionsspecifically relatingtotheprovisionofservices
Article 13
1. Where a Member State requires of its own nationals wishing to
take up or pursue any of the activities referred to in Article 1 anauthorization, or membership of or registration with a professional
organization or body, that Member State shall in the case of the provi-
sion of services exempt the nationals of Member States from thatrequirement.
The person concerned shall provide services with the same rights and
obligations as the nationals of the host Member State; in particular heshall be subject to the rules of conduct of a professional or administra-tive nature which apply in that Member State.1980L0154 — EN — 01.05.2004 — 007.001 — 10
▼B
Where a host Member State adopts a measure pursuant to the second
subparagraph or becomes aware of facts which run counter to theseprovisions, it shall forthwith inform the Member State where the person
concerned is established.
2. The host Member State may require the person concerned to
make a prior declaration to the competent authorities concerning theprovision of his services where they involve a temporary stay in itsterritory.
In urgent cases this declaration may be made as soon as possible after
the services have been provided.
3. Pursuant to paragraphs 1 and 2, the host Member State may
require the person concerned to supply one or more documentscontaining the following particulars:
— the declaration referred to in paragraph 2,
— a certificate stating that the person concerned is lawfully pursuing
the activities in question in the Member State where he is estab-
lished,
— a certificate that the person concerned holds one or other of the
diplomas, certificates of other evidence of formal qualificationappropriate for the provision of the services in question and referredto in this Directive.
4. The document or documents specified in paragraph 3 may not be
produced more than 12 months after their date of issue.
5. Where a Member State temporarily or permanently deprives, in
whole or in part, one of its nationals or a national of another MemberState established in its territory of the right to pursue one of the activ-ities referred to in Article 1, it shall, as appropriate, ensure thetemporary or permanent withdrawal of the certificate referred to in the
second indent of paragraph3.
Article 14
Where registration with a public social security body is required in a
host Member State for the settlement with insurance bodies of accountsrelating to services rendered to persons insured under social security
schemes, that Member State shall exempt nationals of Member States
established in another Member State from this requirement in cases ofprovision of services entailing travel on the part of the personconcerned.
However, the persons concerned shall supply information to this body
in advance, or, in urgent cases, subsequently, concerning the services
provided.
C.Provisionscommontotherightofestablishmentandfreedomto
provideservices
Article 15
Where in a host Member State the use of the professional title relating
to one of the activities referred to in Article 1 is subject to rules,
nationals of other Member States who fulfil the conditions laid down
in Articles 2 and 5 shall use the professional title of the host MemberState which, in that State, corresponds to those conditions of qualifica-tion, and shall use the abbreviated title.
Article 16
1. Member States shall take the necessary measures to enable the
persons concerned to obtain information on the health and social
security laws and, where applicable, on the professional ethics of thehost Member State.
For this purpose, Member-States may set up information centres from
which such persons may obtain the necessary information. In the case1980L0154 — EN — 01.05.2004 — 007.001 — 11
▼B
of establishment, the host Member States may require the persons
concerned to contact these centres.
2. Member States may set up the centres referred to in paragraph 1
within the competent authorities and bodies which they must designate
within the period laid down in Article 20 (1).
3. Member States shall see to it that, where appropriate, the persons
concerned acquire, in their own interest and in that of their patients, thelinguistic knowledge necessary for the exercise of their profession inthe host Member State.
CHAPTER VI
FINALPROVISIONS
Article 17
In the event of justified doubts, the host Member State may require of
the competent authorities of another Member State confirmation of the
authenticity of the diplomas, certificates and other evidence of formal
qualifications issued in that other Member State and referred to inChapters II and III, and also confirmation of the fact that the personconcerned has fulfilled all the training requirements laid down inDirective 80/155/EEC.
Article 18
Within the time limit laid down in Article 20 (1) Member States shall
designate the authorities and bodies competent to issue or receive thediplomas, certificates and other evidence of formal qualifications as
well as the documents and information referred to in this Directive,
and shall forthwith inform the other Member States and the Commis-sion thereof.
Article 19
This Directive shall also apply to nationals of Member States who, in
accordance withRegulation (EEC) No 1612/68, are pursuing or willpursue as employed persons one of the activities referred to in Article1.
Article 19a
Member States shall notify the Commission of the laws, regulations or
administrative provisions they adopt as regards the award of diplomas,
certificates and other evidence of formal qualifications in the fieldcovered by this Directive. The Commission shall publish an appropriatenotice in the Official Journal of the European Communities , listing the
names adopted by the Member States for the training qualificationsconcerned and, where applicable, for the corresponding professional
title.
Article 19b
EachMember State sh all recognise as sufficient proof, in respect of
nationals of Member States whose diplomas, certificates and other
evidence of formal qualifications in the field covered by this Directivedo not correspond to the names listed for that Member State in thisDirective, the diplomas, certificates and other evidence of formal quali-fications awarded by those Member States and accompanied by a
certificate issued by the competent authorities or bodies. The certificate
shall state that the diplomas, certificates and other evidence of formalqualifications in question have been awarded on completion of educa-tion and training that complies with the provisions of this Directive andare treated by the awarding Member State as equivalent to those whosenames are listed therein.1980L0154 — EN — 01.05.2004 — 007.001 — 12
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Article 19c
Member States shall examine diplomas, certificates and other evidence
of formal qualifications in the field covered by this Directive obtained
by the holder outside the European Union in cases where those
diplomas, certificates and other evidence of formal qualifications havebeen recognised in a Member State, as well as of training undergoneand/or professional experience gained in a Member State. The MemberState shall give its decision within three months of the date on whichthe applicant submits his application together with full supporting
documentation.
Article 19d
Where the application is rejected, Member States shall duly give the
reasons for decisions on applications for recognition of diplomas, certi-
ficates and other evidence of formal qualifications in the field coveredby this Directive.
Applicants shall have a right of appeal before the courts under national
law. That right of appeal shall likewise apply in the event of failure toreach a decision within the stipulated period.
Article 20
1. Member States shall bring into force the measures necessary to
comply with this Directive within three years of its notification and
shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of
the main provisions of national law which they adopt in the fieldcovered by this Directive.
Article 21
Where a Member State encounters major difficulties in certain fields
when applying this Directive, the Commission shall examine thesedifficulties in conjunction with that State and shall request the opinion
of the Committee of Senior Officials on Public Health set up under
Decision 75/365/EEC (
1), as last amended by Decision 80/157/EEC (2).
Where necessary, the Commission shall submit appropriate proposals to
the Council.
Article 22
This Directive is addressed to the Member States.1980L0154 — EN — 01.05.2004 — 007.001 — 13
(1) OJ No L 167, 30. 6. 1975, p. 19.
(2) See page 15 of this Official Journal.▼B
ANNEX
Titlesofdiplomas,certificates andotherevidence offormalqualificationsinmidwifery
Country Title of qualification Awarding bodyCertificate accompanying
qualification
Belgique/België/
Belgien— Diploma van vroedvrouw/
— Diplôme d'accoucheuse1. De erkende opleidingsinstituten/les établissements d'enseignement
2. De bevoegde Examencommissie van de Vlaamse Gemeenschap/le
Jury compétent d'enseignement de la Communauté française
Česká republika 1. Diplom o ukon čení studia ve studijním programu ošet řovatelství ve
studijním oboru porodní asistentka (bakalá ř, Bc.)
2. Diplom o ukon čení studia ve studijním oboru diplomovaná porodní
asistentka (diplomovaný specialista, DiS.)1. Vysoká škola z řízená nebo uznaná státem
2. Vyšší odborná škola z řízená nebo uznaná státem1. Vysv ědčení o státní
závěrečné zkoušce
2. Vysv ědčení o abso-
lutoriu
Danmark Bevis for bestået jordemodereksamen Danmarks jordemoderskole
Deutschland Zeugnis über die staatliche Prüfung für Hebammen und Entbindungsp-
flegerStaatlicher Prüfungsausschuss
Eesti Diplom ämmaemanda erialal 1. Tallinna Meditsiinikool
2. Tartu Meditsiinikool
Ελλάς 1.Πτυχίο Τµήµατος Μαιευτικής Τεχνολογικών Εκπαιδευτικών
Ιδυµάτων(Τ.Ε.Ι.)
2.Πτυχίο του Τµήµατος Μαιών της Ανωτέρας Σχολής Στελεχών
ΥγείαςκαιΚοινων.Πρόνοιας(ΚΑΤΕΕ)
3.ΠτυχίοΜαίαςΑνωτέραςΣχολήςΜαιών1.ΤεχνολογικάΕκπαιδευτικάΙδρύµατα(Τ.Ε.Ι.)
2.ΚΑΤΕΕΥπουργείουΕθνικήςΠαιδείαςκαιΘρησκευµάτων
3.ΥπουργείοΥγείαςκαιΠρόνοιας
España Título de matrona / asistente obstétrico (matrona) / enfermería obsté-
trica-ginecológicaMinisterio de Educación y Cultura
France Diplôme de sage-femme L'Etat
Ireland Certificate in Midwifery An Board Altranais▼M41980L0154 — EN — 01.05.2004 — 007.001 — 14▼A3
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Country Title of qualification Awarding bodyCertificate accompanying
qualification
Italia Diploma d'ostetrica Schools recognised by State
Κύπρος ∆ίπλωµαστοµεταβασικόπρόγραµµαΜαιευτικής ΝοσηλευτικήΣχολή
Latvija Diploms par vecm ātes kvalifik ācijas ieg ūšanu M āsu skolas
Lietuva 1. Aukštojo mokslo diplomas, nurodantis suteikt ąbendrosios praktikos
slaugytojo profesin ękvalifikacij ą, ir profesin ės kvalifikacijos
pažym ėjimas, nurodantis suteikt ąakušerio profesin ękvalifikacij ą
2. Aukštojo mokslo diplomas (neuniversitetin ės studijos), nurodantis
bendrosios praktikos slaugytojo profesin ękvalifikacij ą, ir profesin ės
kvalifikacijos pažym ėjimas, nurodantis suteikt ąakušerio profesin ę
kvalifikacij ą
3. Aukštojo mokslo diplomas (neuniversitetin ės studijos), nurodantis
akušerio profesin ękvalifikacij ą1. Universitetas
2. Kolegija
3. Kolegija1. Pažym ėjimas, liudi-
jantis profesin ę
akušerijoje
2. Pažym ėjimas, liudi-
jantis profesin ę
akušerijoje
Luxembourg Diplôme de sage-femme Ministère de l'Education nationale, de la Formation professionnelle et
des Sports
Magyarország Szülészn őbizonyítvány Iskola/f őiskola
Malta Lawrja jew diploma fl- Istudji tal-Qwiebel Universita'ta' Malta
Nederland Diploma van verloskundige Door het Ministerie van Volksgezondheid, Welzijn en Sport erkende
opleidingsinstellingen
Österreich Hebammen-Diplom Hebammenakademie / Bundeshebammenlehranstalt▼M41980L0154 — EN — 01.05.2004 — 007.001 — 15▼A3
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Country Title of qualification Awarding bodyCertificate accompanying
qualification
Polska Dyplom uko ńczenia studiów wy ższychna kierunku poło żnictwo z
tytułem magister poło żnictwa1. Uniwersytet Medyczny [medical university],
2. Collegium Medicum Uniwersytetu Jagiello ńskiego
Portugal 1. Diploma de enfermeiro especialista em enfermagem de saúde
materna e obstétrica
2. Diploma/carta de curso de estudos superiores especializados em
enfermagem de saúde materna e obstétrica
3. Diploma (do curso de pós-licenciatura) de especialização em enfer-
magem de saúde materna e obstétrica1. Ecolas de Enfermagem
2. Escolas Superiores de Enfermagem3. Escolas Superiores de Enfermagem; Escolas Superiores de Saúde
Slovenija Diploma, s katero se podeljuje strokovni naslov ‘diplomirana babica /
diplomirani babi čar’1. Univerza
2. Visoka strokovna šola
Slovensko 1. Vysokoškolský diplom o udelení akademického titulu ‘bakalár z
pôrodnej asistencie’ (‘Bc.’)
2. Absolventský diplom v študijnom odbore diplomovaná pôrodná asis-
tentka1. Vysoká škola
2. Stredná zdravotnícka škola
Suomi/Finland 1. Kätilön tutkinto / barnmorskeexamen
2. Sosiaali- ja terveysalan ammattikorkeakoulututkinto, kätilö (AMK) /
yrkeshögskoleexamen inom hälsovård och det sociala området, barn-
morska (YH)1. Terveydenhuolto-oppilaitokset / hälsovårdsläroanstalter
2. Ammattikorkeakoulut / yrkeshögskolor
Sverige Barnmorskeexamen Universitet eller högskola
United Kingdom Statement of registration as a Midwife on part 10 of the register kept by
the United Kingdom Central Council for Nursing, Midwifery and Health
visitingVarious▼M41980L0154 — EN — 01.05.2004 — 007.001 — 16▼A3
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