1978L1026 — EN — 31.07.2001 — 006.001 — 1
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►B COUNCILDIRECTIVE
of18December 1978
concerningthemutualrecognitionofdiplomas,certificatesandotherevidenceofformalqualifica-
tions in veterinary medicine, including measures to facilitate the effective exercise of the right of
establishmentandfreedomtoprovideservices
(78/1026/EEC)
(OJ L 362, 23.12.1978, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive 89/594/EEC of 30 October 1989 L 341 19 23.11.1989
►M2Council Directive 90/658/EEC of 4 December 1990 L 353 73 17.12.1990
►M3Directive 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 Greece L 291 17 19.11.1979
►A2Act of Accession of Spain and Portugal L 302 23 15.11.1985
►A3Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1Corrigendum, OJ L 346, 2.12.1981, p. 24 (79)
▼B
COUNCILDIRECTIVE
of18December 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
ofestablishmentandfreedom toprovideservices
(78/1026/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles49, 57, 66 and 235 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 with regard to establishment and provision of services isprohibited asfrom the end of the trans itional period; whereasthe prin-ciple of such treatment based on nationality applies in particular to the
grant of any authorization required to practise as a veterinary surgeon
and also to the registration with or membership of professional organi-zationsor bodies ;
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 of
veterinary surgeons;
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 of
formal qualifications; whereas the aim of this Directive is the recogni-tion of diplomas, certificates and other evidence of formalqualificationswhereby activitiesin the field of veterinary medicinemay be taken up and pursued;
Whereas, in view of the differences between the Member States
regarding the nature and duration of the training of veterinary surgeons,
certain coordinating provisions designed to enable Member States toproceed with the mutual recognition of diplomas, certificates and otherevidence of formal qualifications should be laid down; whereas suchcoordination hasbeen effected by 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 activ-itiesof veterinary s urgeons(
4);
Whereas, with regard to the possession of a formal certificate of
training, since a Directive on the mutual recognition of diplomas doesnot necessarily imply equivalence in the training covered by such
diplomas, the use of such qualifications should be authorized only in
the 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 of
training required by thisDirective mus t provide a certificate from thecompetent authoritiesof hiscountry of origin or of the country from1978L1026 — EN — 31.07.2001 — 006.001 — 2
(1) OJ No C 92, 20. 7. 1970, p. 18.
(2) OJ No C 19, 28. 2. 1972, p. 10.
(3) OJ No C 60, 14. 6. 1971, p. 3.
(4) See page 7 of thisOfficial journal.
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which he comes stating that these certificates of training are those
covered by the Directive;
Whereas, in the case of the provision of services, the requirement of
registration with or membership of professional organizations orbodies, since it is related to the fixed and permanent nature of theactivity pursued in the host country, would undoubtedly constitute anobstacle to the person wishing to provide the service, by reason of the
temporary nature of hisactivity; whereasthisrequirement s hould 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 theTreaty, that the person concerned may be required to submit to the
competent authority of the host Member State particulars relating to
the 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 be
satisfied in order to practise it;
Whereas, as far as the activities of employed veterinary surgeons are
concerned, Council Regulation (EEC) No 1612/68 of 15 October 1968on freedom of movement for workerswithin the Community(
1) lays
down no specific provisions relating to good character or good repute,
professional discipline or use of title for the professions covered;whereas, depending on the individual Member State, such rules are ormay be applicable both to employed and self-employed persons;whereas the activities of veterinary surgeons are subject in all Member
States to possession of a diploma, certificate or other evidence of
formal qualification as a veterinary surgeon; whereas such activitiesare pursued by both employed and self-employed persons or by thesame persons in both capacities in the course of their professionalcareer; whereas, in order to encourage as far as possible the free move-ment of those professional persons within the Community, it therefore
appears necessary to extend this Directive to employed veterinary
surgeons,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE
Article 1
This Directive shall apply to the activities of veterinary surgeons.
CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL
QUALIFICATIONSINVETERINARYMEDICINE
Article 2
Each Member State shall recognize the diplomas, certificates and other
evidence of formal qualificationsawarded to nationalsof MemberStatesby the other Member Statesin accordance with Article 1 of
Directive 78/1027/EEC and which are listed ►
M3in the Annex ◄,
by giving such qualifications, as far as the right to take up and pursuethe activities of a veterinary surgeon is concerned, the same effect inits territory as those which the Member State itself awards.
Where a diploma, certificate or other evidence of formal qualifications
aslis ted ►
M3in the Annex ◄wasawarded before the implementa-
tion of thisDirective, or wasawarded after that date but following1978L1026 — EN — 31.07.2001 — 006.001 — 3
(1) OJ No L 257, 19.10.1968, p. 2.▼M1
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training commenced before that date, it shall be accompanied by a
certificate from the competent authorities of the issuing Member Statestating that it complies with Article 1 of Directive 78/1027/EEC.
CHAPTER III
EXISTINGCIRCUMSTANCES
Article 4
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 requirementslaid down in Article 1 of Directive 78/
1027/EEC, each Member State shall recognize as being sufficient proof
the diplomas, certificates and other evidence of formal qualifications inveterinary medicine awarded by those Member States before the imple-mentation of Directive 78/1027/EEC or awarded after that date butfollowing training commenced before that date, accompanied by acertificate stating that those nationals have effectively and lawfully
been engaged in the activities in question for at least three consecutive
yearsduring the five yearsprior to the date of is s e of the certificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficatesand other evidence of formal qualificationsasveterinary
surgeon do not conform with the qualifications or designations set outin►
M3the Annex ◄, each Member State shall recognize as being
sufficient proof the diplomas, certificates and other evidence of formalqualifications awarded by those Member States, accompanied by acertificate issued by the competent authorities or bodies. The certificate
shall certify that the diplomas, certificates and other evidence of formal
qualificationsasveterinary s urgeon were awarded following training inaccordance with the provisions of Directive 78/1027/EEC, referred toin Article 2 of thisDirective, and are treated by the Member Statewhich awarded them as the qualifications or designations set out in
►
M3the Annex ◄of thisDirective.
Article 4a
In the case of nationals of Member States whose diplomas, certificates
and other evidence of formal qualificationsasveterinary s urgeons
attest to training received in the territory of the former German Demo-
cratic Republic which does not satisfy all the minimum trainingrequirementslaid down in Article 1 of Directive 78/1027/EEC,Member States other than Germany shall recognize those diplomas,certificates and other evidence of formal qualifications, as being suffi-
cient proof if:
— they attest to training commenced before German unification;
— they entitle the holder to pursue the activities of a veterinary
surgeon throughout the territory of Germany under the same condi-tionsasthe qualificationsawarded by the competent Germanauthoritiesand referred to in ►
M3the Annex ◄, and
— they are accompanied by a certificate issued by the competent
German authorities stating that those nationals have effectively andlawfully been engaged in the activitiesin ques tion in Germany forat least three consecutive years during the five years prior to thedate of issue of the certificate.1978L1026 — EN — 31.07.2001 — 006.001 — 4
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CHAPTER IV
USEOFACADEMICTITLE
Article 5
1. Without prejudice to Article 13, host Member States shall ensure
that the nationalsof Member Stateswho fulfil the conditionslaid downin Articles2 and 4 have the right to us e the lawful academic 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
of that State. Host Member States may require this title to be followedby the name and location of the establishment or examining boardwhich 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 inthe host Member State with a title requiring in that State additionaltraining which the person concerned has not undergone, the hostMember State may require such person to use the title employed in
the Member State of origin or the Member State from which he comes
in suitable wording to be indicated by the host Member State.
CHAPTER V
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE
RIGHT OF ESTABLISHMENT AND FREE DOM TO PROVIDE
SERVICES IN RESPECT OF THE ACTIVITIES OF VETERINARY
SURGEONS
A.Provisionsspecifically relatingtotherightofestablishment
Article 6
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 the
activities referred to in Article I shall accept as sufficient evidence, inrespect 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 comesattes ting that the require-mentsof the Member State asto good character or good repute for
taking up the activitiesin ques tion have been met.
2. Where the Member State of origin or the Member State from
which the foreign national comesdoesnot require proof of good char-
acter or good repute of persons wishing to take up the activities in
question for the first time, the host Member State may require ofnationalsof the Member State of origin or of the Member State fromwhich the foreign national comesan extract from the ‘judicial record’or, failing this, an equivalent document issued by a competent authorityin the Member State of origin or the Member State from which the
foreign national comes.
3. If the host Member State has detailed knowledge of a serious
matter which hasoccurred outs ide itsterritory and which islikely to
affect the taking up within itsterritory of the activitiesconcerned, it
may inform the Member State of origin or the Member State fromwhich 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. Theauthorities in that State shall themselves decide on the nature andextent 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 isforwarded.
Article 7
1. Where, in a host Member State, provisions laid down by law,
regulation or administrative action are in force laying down require-1978L1026 — EN — 31.07.2001 — 006.001 — 5
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mentsasto good character or good repute, including provis ionsfor
disciplinary action in respect of serious professional misconduct orconviction for criminal offencesand relating to the purs uit of the activ-
itiesreferred to in Article 1, the Member State of origin or the Member
State from which the foreign national comes shall forward to the hostMember State all necessary information regarding measures or disci-plinary action of a professional or administrative nature taken inrespect of the person concerned, or criminal penalties imposed on him
when pursuing his profession in the Member State of origin or in the
Member State from which he came.
2. If the host Member State has detailed knowledge of a serious
matter which hasoccurred outs ide itsterritory and which islikely toaffect the pursuit within its territory of the activities concerned, it mayinform the Member State of origin or the Member State from which theforeign national comes.
The Member State of origin or the Member State from which the
foreign national comes shall verify the accuracy of the facts. The
authorities in that State shall themselves 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 information they have forwarded in accordance with paragraph1.
3. Member States shall ensure the confidentiality of the information
which isforwarded.
Article 8
Where a host Member State requires of its own nationals wishing to
take up or pursue the activities referred to in Article 1, a certificate ofphysical or mental health, that State shall accept as sufficient evidence
thereof the presentation of the document required in the Member State
of origin or the Member State from which the foreign national comes.
Where the Member State of origin or the Member State from which the
foreign national comesdoesnot impos e any requirementsof thisnatureon those wishing to take up or pursue the activities in question, the hostMember State shall accept from such national a certificate issued by acompetent authority in that State corresponding to the certificates
issued in the host Member State.
Article 9
The documentsreferred to in Articles6, 7 and 8 may not be pres ented
more than three months after their date of issue.
Article 10
1. The procedure for authorizing the person concerned to take up the
activitiesreferred to in Article 1, in accordance with Articles6, 7 and8, must be completed as soon as possible and not later than three
months after presentation of all the documents relating to such person,
without prejudice to delaysres ulting from any appeal that may bemade upon termination of thisprocedure.
2. In the cases referred to in Articles 6 (3) and 7 (2), a request for
re-examination shall suspend the period laid down in paragraph 1.
The Member State consulted shall give its reply within a period of
three months. If it does not, the host Member State may take action inconsequence of its detailed knowledge of the serious matter involved.
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 11
Where a host Member State requires its own nationals wishing to take
up or pursue the activities referred to in Article 1 to take an oath ormake a solemn declaration and where the form of such oath or declara-1978L1026 — EN — 31.07.2001 — 006.001 — 6
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tion cannot be used by nationals of other Member States, that Member
State shall ensure that an appropriate and equivalent form of oath ordeclaration isoffered to the pers on concerned.
B.Specialprovisionsrelatingtotheprovisionofservices
Article 12
1. Where a Member State requiresof itsown nationalswis hing to
take up or pursue the activities referred to in Article 1, an authorizationor membership of, or registration with, a professional organization orbody, that Member State shall in the case of the provision of services
exempt the nationalsof Member Statesfrom that requirement.
The person concerned shall provide services with the same rights and
obligationsasthe nationalsof the hos t 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.
For thispurpos e and in addition to the declaration provided for in para-
graph 2 relating to the services to be provided, Member States may, soas to permit the implementation of the provisions relating to profes-sional conduct in force in their territory, require either automatictemporary registration or pro forma membership of a professional orga-
nization or body or, in the alternative, registration in a register,
provided that such registration or membership does not delay or inany way complicate the provision of services or impose any additionalcosts on the person providing the services.
Where a host Member State adopts a measure pursuant to the second
subparagraph or becomes aware of facts which run counter to these
provisions, it shall forthwith inform the Member State where the personconcerned is established.
2. The host Member State may require the person concerned to
make a prior declaration to the competent authoritiesconcerning the
provision of his services where they involve a temporary stay in its
territory. The host Member State may in all cases require a veterinarysurgeon established in another Member State to supply a prior declara-tion of provision of services in the form of a prescription or ofveterinary certificatesnot involving the examination of animals ,provided such practice is permissible under the legal and administrative
provisions and professional rules applied in the host State.
The host Member State requiring such prior declaration shall take the
steps necessary to provide the possibility that the declaration is made,where appropriate, for a series of services provided within one and thesame region and in respect of one or more recipients within a given
period of not more than one year.
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 documents
containing 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 or other evidence of formal qualificationappropriate for the provision of the services in question and referredto in thisDirective.
4. The document or documentss pecified 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 itsnationalsor 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 the1978L1026 — EN — 31.07.2001 — 006.001 — 7
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temporary or permanent withdrawal of the certificate referred to in the
second indent of paragraph 3.
C.Provisionscommontotherightofestablishmentandfreedomto
provideservices
Article 13
Where in a host Member State the use of the professional title relating
to the activities referred to in Article 1 is subject to rules, nationals ofother Member Stateswho fulfil the conditionslaid down in Articles2and 4 shall use the professional title of the host Member State which,
in that State, corresponds to those conditions of qualification and shall
use the abbreviated title.
Article 14
1. Member States shall take the necessary measures to enable the
persons concerned to obtain information on veterinary legislation and,where applicable, on professional ethics by the host Member State.
For this purpose, Member States may set up information centres from
which such persons may obtain the necessary information. In the case
of establishment, the host Member States may require the personsconcerned to contact these centres.
2. Member Statesmay s et up the centresreferred to in paragraph 1
within the competent authorities and bodies which they must designate
within the period laid down in Article 18 (1).
3. Member States shall see to it that, where appropriate, the persons
concerned acquire, in their interest and in that of their clients, thelinguistic knowledge necessary for the pursuit of their profession inthe host Member State.
CHAPTER VI
FINALPROVISIONS
Article 15
When it hasground for doubt, the hos t Member State may require of
the competent authoritiesof another Member State confirmation of the
authenticity of the diplomas, certificates and other evidence of formalqualificationsawarded in that other Member State and referred to inChapter 11 and also confirmation of the fact that the person concernedhasfulfilled all the training requirementslaid down in Directive 78/
1027/EEC.
Article 16
Within the time limit laid down in Article 18 (1), Member Statess hall
designate the authorities and bodies competent to award or receive thediplomas, certificates and other evidence of formal qualifications aswell asthe documentsand information referred to in thisDirective
and shall forthwith inform the other Member States and the Commis-
sion thereof.
Article 17
This Directive shall also apply to nationals of Member States who, in
accordance with Regulation (EEC) No 1612/68, are pursuing or willpursue as employed persons the activities referred to in Article 1.
Article 17a
Member States shall notify the Commission of the laws, regulations or
administrative provisions they adopt as regards the award of diplomas,certificatesand other evidence of formal qualificationsin the fieldcovered by this Directive. The Commission shall publish an appropriate1978L1026 — EN — 31.07.2001 — 006.001 — 8
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notice in the Official Journal of the European Communities , listing the
namesadopted by the Member Statesfor the training qualificationsconcerned and, where applicable, for the corresponding professional
title.
Article 17b
Each Member State shall recognise as sufficient proof, in respect of
nationals of Member States whose diplomas, certificates and otherevidence of formal qualificationsin the field covered by thisDirectivedo not correspond to the names listed for that Member State in thisDirective, the diplomas, certificates and other evidence of formal quali-ficationsawarded by thos e Member Statesand accompanied by a
certificate issued by the competent authorities or bodies. The certificate
shall state that the diplomas, certificates and other evidence of formalqualificationsin ques tion have been awarded on completion of educa-tion and training that complieswith the provis ionsof thisDirective andare treated by the awarding Member State as equivalent to those whose
namesare lis ted therein.
Article 17c
Member States shall examine diplomas, certificates and other evidence
of formal qualificationsin the field covered by thisDirective obtained
by the holder outside the European Union in cases where thosediplomas, certificates and other evidence of formal qualifications havebeen recognis ed in a Member State, aswell asof training undergoneand/or professional experience gained in a Member State. The MemberState shall give its decision within three months of the date on which
the applicant submits his application together with full supporting
documentation.
Article 17d
Where the application isrejected, Member Statess hall duly give the
reasons for decisions on applications for recognition of diplomas, certi-ficatesand other evidence of formal qualificationsin the field coveredby thisDirective.
Applicantss hall have a right of appeal before the courtsunder national
law. That right of appeal shall likewise apply in the event of failure to
reach a decision within the stipulated period.
Article 18
1. Member States shall bring into force the measures necessary to
comply with thisDirective within two yearsof itsnotification and s hallforthwith 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 thisDirective.
Article 19
This Directive is addressed to the Member States.1978L1026 — EN — 31.07.2001 — 006.001 — 9
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ANNEX
Titlesofdiplomas,certificates andotherevidenceofformalqualificationsinveterinary surgery
Country Title of qualification Awarding bodyCertificate accompanying
qualification
Belgique/
België/
Belgien— Diploma van diere-
narts
— Diplôme de docteur
en médecine vétéri-
naire1. De universiteiten/les
universités
2. De bevoegde Exam-
encommissie van de
Vlaamse
Gemeenschap/le Jury
compétent d'enseigne-
ment de la Commu-
nauté française
Danmark Bevisfor bes tået kandi-
dateksamen i veterinær-
videnskabKongelige Veterinær- og
Landbohøjskole
Deutschland Zeugnis über das
ErgebnisdesDritten
Abscnitts der Tierärztli-
chen Prüfung und das
Gesamtergebnis der
Tierärztlichen PrüfungDer Vorsitzende des
Prüfungsausschusses für
die Tierärztliche Prüfung
einer Universität oder
Hochschule
Ελλάς Πτυχίο Κτηνιατρικής Πανεπιστήµιο
Θεσσαλονίκης και
Θεσσαλίας
España Titulo de Licenciado en
VeterinariaMinisterio de Educación
y Cultura/El rector de
una Universidad
France Diplôme d'Etat de
docteur vétérinaire
Ireland 1. Diploma of Bachelor
in/of Veterinary
Medicine (MVB)
2. Diploma of Member-
ship of the Royal
College of Veterinary
Surgeons(MRCVS)
Italia Diploma di laurea in
medicina veterinariaUniversità Diploma di abilitazione
all'esercizio della medicina
veterinaria
Luxembourg Diplôme d'Etat de
docteur en médecine
vétérinaireJury d'examen d'Etat
Nederland Getuigschrift van met
goed gevolg afgelegd
diergeneeskundig/veeart-
senijkundig examen
Österreich 1. Diplom-Tierarzt
2. Magister medicinae
veterinariaeUniversität 1. Doktor der Veterinär-
medizin
2. Doctor medicinae veter-
inariae
3. Fachtierarzt
Portugal Carta de curso de licen-
ciatura em medicina
veterináriaUniversidade1978L1026 — EN — 31.07.2001 — 006.001 — 10
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Country Title of qualification Awarding bodyCertificate accompanying
qualification
Suomi/
FinlandEläinlääketieteen lisen-
siaatin tutkinto / veter-
inärmedicine licentia-
texamenHelsingin yliopisto /
Helsingfors universitet
Sverige Veterinärexamen SverigesLandbruks uni-
versitet
United
Kingdom1. Bachelor of Veter-
inary Science (BVSc)
2. Bachelor of Veter-
inary Science (BVSc)
3. Bachelor of Veter-
inary Medicine
(BvetMB)
4. Bachelor of Veter-
inary Medicine and
Surgery (BVM&S)
5. Bachelor of Veter-
inary Medicine and
Surgery (BVM&S)
6. Bachelor of Veter-
inary Medicine
(BvetMed)1. University of Bristol
2. University of Liver-
pool
3. University of
Cambridge
4. University of Edin-
burgh
5. University of
Glasgow
6. University of London1978L1026 — EN — 31.07.2001 — 006.001 — 11