1999L0042 — EN — 31.07.1999 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B DIRECTIVE1999/42/ECOFTHEEUROPEANPARLIAMENTANDOFTHECOUNCIL
of7June1999
establishing a mechanism for the recognition of qualifications in respect of the professional
activitiescoveredbytheDirectivesonliberalisationandtransitionalmeasuresandsupplementing
thegeneralsystemsfortherecognitionofqualifications
(OJ L 201, 31.7.1999, p. 77)
Corrected by:
►C1Corrigendum, OJ L 23, 25.1.2002, p. 48 (1999/42/EC)
▼B
DIRECTIVE 1999/42/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of7June1999
establishing a mechanism for the recognition of qualifications in
respect of the professional activities covered by the Directives onliberalisation and transitional measures and supplementing the
generalsystemsfortherecognitionofqualifications
THE EUROPEAN PARLIAMENT ANDTHE COUNCIL OF THE EUROPEAN
UNION,
Having regard to the Treaty establishing the European Community, and
in particular Articles 40 and 47(1), the first and third sentences ofArticle 47(2), and Article 55 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion delivered by the Economic and Social
Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the
Treaty(3) and in the light of the joint text adopted on 22 April 1999,
(1)Whereas, under the Treaty, all discriminatory treatment ongrounds of nationality with regard to establishment and provisionof services is prohibited as from the end of the transitional period;whereas, therefore, certain provisions of the Directives applyingin this area have become redundant for the purposes of applying
the rule of national treatment, since that rule is enshrined in the
Treaty itself and has direct effect;
(2)Whereas, however, certain of the Directives' provisions designedto facilitate the effective exercise of the right of establishment and
freedom to provide services should be retained, particularly where
they usefully prescribe how obligations under the Treaty are to bedischarged;
(3)Whereas, in order to facilitate the exercise of freedom ofestablishment and freedom to provide services in respect of a
number of activities, Directives introducing transitional measures
have been adopted pending mutual recognition of qualifications;whereas those Directives accept the fact that the activity inquestion has been pursued for a reasonable and sufficiently recentperiod of time in the Member State from which the national
comes as a sufficient qualification for taking up the activities in
question in Member States which have rules governing the takingup of such activities;
(4)Whereas the main provisions of the said Directives should bereplaced in line with the conclusions of the European Council
held in Edinburgh on 11 and 12 December 1992 regarding
subsidiarity, simplification of Community legislation and, inparticular, the reconsideration by the Commission of therelatively old directives dealing with professional qualifications;whereas the Directives in question should therefore be repealed;
(5)Whereas Council Directive 89/48/EEC of 21 December 1988 on ageneral system for the recognition of higher-education diplomasawarded on completion of professional education and training ofat least three years' duration(
4) and Council Directive 92/51/EEC
of 18 June 1992 on a second general system for the recognition of1999L0042 — EN — 31.07.1999 — 000.001 — 2
(1) OJ C 115, 19.4.1996, p. 16 and
OJ C 264, 30.8.1997, p. 5.
(2) OJ C 295, 7.10.1996, p. 43.
(3) Opinion of the European Parliament of 20 February 1997 (OJ C 85,
17.3.1997, p. 114), Common Position of the Council of 29 June 1998 (OJ C
262, 19.8.1998, p. 12), Decision of the European Parliament of 8 October
1998 (OJ C 328, 26.10.1998, p. 156). Decision of the European Parliament of
7 May 1999 and Council Decision of 11 May 1999.
(4) OJ L 19, 24.1.1989, p. 16.
▼B
professional education and training to supplement Directive 89/
48/EEC(1) do not apply to certain professional activities covered
by the Directives applying to this subject-matter (Part One of
Annex A to this Directive); whereas recognition machinery in
respect of qualifications should, therefore, be introduced for thoseprofessional activities not covered by Directives 89/48/EEC and92/51/EEC; whereas the professional activities listed in Part Twoof Annex A to this Directive fall for the most part within the
scope of Directive 92/51/EEC as far as the recognition of
diplomas is concerned;
(6)Whereas a proposal has been transmitted to the Council with a
view to amending Directives 89/48/EEC and 92/51/EEC in
respect of the proof of financial standing and the proof of aninsurance against financial risks that a host Member State mayrequire of the beneficiary; whereas the Council intends to dealwith this proposal at a later stage;
(7)Whereas a proposal has been transmitted to the Council with aview to facilitating the free movement of specialised nurses whodo not have any of the qualifications listed in Article 3 of
Directive 77/452/EEC(
2); whereas the Council intends to deal
with this proposal at a later stage;
(8)Whereas this Directive should require regular reports to be drawn
up on its implementation;
(9)Whereas this Directive without prejudice to the application of
Articles 39(4) and 45 of the Treaty,
HAVE ADOPTED THIS DIRECTIVE:
TITLE I
Scope
Article 1
1. Member States shall adopt the measures defined in this Directive
in respect of establishment or provision of services in their territories by
natural persons and companies or firms covered by Title I of the GeneralProgrammes for the abolition of restrictions on freedom to supplyservices(
3) and on freedom of establishment(4) (hereinafter called
‘beneficiaries’) who wish to pursue the activities listed in Annex A.
2. This Directive shall apply to the activities listed in Annex A which
nationals of Member States wish to pursue in a host Member State in a
self-employed or employed capacity.
Article 2
Member States in which the taking-up or pursuit of any activity referred
to in Annex A is subject to possession of certain qualifications shallensure that any beneficiaries who apply therefor be provided, before
they establish themselves or before they begin to provide services, with
information as to the rules governing the occupation which they proposeto pursue.1999L0042 — EN — 31.07.1999 — 000.001 — 3
(1) OJ L 209, 24.7.1992, p. 25. Directive as last amended by Commission
Directive 97/38/EC (OJ L 184, 12.7.1997, p. 31).
(2) 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 tofacilitate the effective exercise of this right of establishment and freedom to
provide services (OJ L 176, 15.7.1977, p. 1). Directive as last amended by
Directive 90/658/EC (OJ L 353, 17.12.1990, p. 73).
(
3) OJ 2, 15.1.1962, p. 32/62.
(4) OJ 2, 15.1.1962, p. 36/62.
▼B
TITLE II
Recognition of formal qualifications awarded by another Member
State
Article 3
1. Without prejudice to Article 4, a Member State may not, on the
grounds of inadequate qualifications, refuse to permit a national of
another Member State to take up or pursue any of the activities listed in
Part One of Annex A on the same conditions as apply to its ownnationals, without having first compared the knowledge and skillscertified by the diplomas, certificates or other evidence of formalqualifications obtained by the beneficiary with a view to pursuing thesame activity elsewhere in the Community with those required under its
own national rules. Where the comparative examination shows that the
knowledge and skills certified by a diploma, certificate or other evidenceof formal qualifications awarded by another Member State correspond tothose required by the national rules, the host Member State cannot refusethe holder the right to pursue the activity in question. Where, however,
the comparative examination shows a substantial difference, the host
Member State shall give the beneficiary the opportunity to demonstratethat he has acquired the knowledge and skills which were lacking. In thiscase, the host Member State shall give the applicant the right to choosebetween an adaptation period and an aptitude test by analogy withDirectives 89/48/EEC and 92/51/EEC.
By way of derogation from this rule, the host Member State may require
an adaptation period or an aptitude test if the migrant envisagesexercising professional activities in a self-employed capacity or as a
manager of an undertaking which are covered by Part One of Annex A
and which require the knowledge and the application of the specificnational rules in force, provided that knowledge and application of thoserules are required by the competent authorities of the host Member Statefor access to such activities by its own nationals.
Member States shall endeavour to take into consideration the
beneficiary's preference as between those alternatives.
2. Applications for recognition within the meaning of paragraph 1
shall be examined within the shortest possible time, and the competentauthority in the host Member State shall state its reasons when giving adecision, which shall be taken no later than fourmonths from the date on
which the application and comprehensive supporting documentation
were submitted. There shall be a right to appeal under national lawagainst a decision or against the absence of such decision.
TITLE III
Recognition of professional qualifications on the basis of profes-
sionalexperienceacquiredinanotherMemberState
Article 4
Where, in a Member State, the taking-up or pursuit of any activity listed
in Annex A is subject to possession of general, commercial orprofessional knowledge and ability, that Member State shall accept assufficient evidence of such knowledge and ability the fact that the
activity in question has been pursued in another Member State. Where
the activity is mentioned in Part One of Annex A, it must have beenpursued:
1. in the case of the activities in List I:
(a) for six consecutive years in either a self-employed capacity or as
a manager of an undertaking; or
(b) for three consecutive years in a self-employed capacity or as a
manager of an undertaking where the beneficiary proves that hehas received at least three years' prior training for the activity inquestion, attested by a nationally recognised certificate orregarded by a competent professional or trade body as fullysatisfying its requirements; or1999L0042 — EN — 31.07.1999 — 000.001 — 4
▼B
(c) for three consecutive years in a self-employed capacity where the
beneficiary proves that he has pursued the activity in question forat least five years in an employed capacity; or
(d) for five consecutive years in a managerial capacity of which at
least three years were spent in technical posts with responsibilityfor one or more departments of the undertaking where thebeneficiary proves that he has received at least three years' prior
training for the activity in question, attested by a nationally
recognised certificate or regarded by a competent professional ortrade body as fully satisfying its requirements.
In the cases referred to in (a) and (c), pursuit of the activity shall not
have ceased more than ten years before the date on which the
application under Article 8 is made;
2. in the case of the activities in List II:
(a) for six consecutive years in either a self-employed capacity or as
a manager of an undertaking; or
(b) — for three consecutive years in a self-employed capacity or as a
manager of an undertaking where the beneficiary proves that
he has received at least three years' prior training for theactivity in question, attested by a nationally recognisedcertificate or regarded by a competent professional or tradebody as fully satisfying its requirements, or
— for four consecutive years in a self-employed capacity or as a
manager of an undertaking where the beneficiary proves thathe has received at least two years' prior training for the
activity in question, attested by a nationally recognised
certificate or regarded by a competent professional or tradebody as fully satisfying its requirements, or
(c) for three consecutive years in a self-employed capacity or as a
manager of an undertaking where the beneficiary proves that he
has pursued the activity in question for at least five years in anemployed capacity; or
(d) — for five consecutive years in an employed capacity where the
beneficiary proves that he has received at least three years'
prior training for the activity in question, attested by a
nationally recognised certificate or regarded by a competentprofessional or trade body as fully satisfying its requirements,or
— for six consecutive years in an employed capacity where the
beneficiary proves that he has received at least two years'prior training for the activity in question, attested by anationally recognised certificate or regarded by a competent
professional or trade body as fully satisfying its requirements.
In the cases referred to in (a) and (c), pursuit of the activity shall not
have ceased more than ten years before the date on which theapplication provided for in Article 8 is made;
3. in the case of the activities in List III:
(a) for six consecutive years in either a self-employed capacity or as
a manager of an undertaking; or
(b) for three consecutive years in a self-employed capacity or as a
manager of an undertaking, where the beneficiary proves that he
has received at least three years' prior training for the activity in
question, attested by a nationally recognised certificate orregarded by a competent professional or trade body as fullysatisfying its requirements; or
(c) for three consecutive years in a self-employed capacity where the
beneficiary proves that he has pursued the activity in question for
at least five years in an employed capacity.
In the cases referred to in (a) and (c), pursuit of the activity shall not
have ceased more than ten years before the date on which theapplication provided for in Article 8 is made;1999L0042 — EN — 31.07.1999 — 000.001 — 5
▼B
4. in the case of the activities in List IV:
(a) for five consecutive years in either a self-employed capacity or as
a manager of an undertaking; or
(b) for two consecutive years in a self-employed capacity or as a
manager of an undertaking where the beneficiary proves that hehas received at least three years' prior training for the activity inquestion, attested by a nationally recognised certificate or
regarded by a competent professional or trade body as fully
satisfying its requirements; or
(c) for three consecutive years in a self-employed capacity or as a
manager of an undertaking where the beneficiary proves that hehas received at least two years' prior training for the activity inquestion, attested by a nationally recognised certificate orregarded by a competent professional or trade body as fully
satisfying its requirements; or
(d) for two consecutive years in a self-employed capacity or as a
manager of an undertaking where the beneficiary proves that hehas pursued the activity in question for at least three years in anemployed capacity; or
(e) for three consecutive years in an employed capacity where the
beneficiary proves that he has received at least two years'previous training for the activity in question, attested by a
nationally recognised certificate or regarded by a competent
professional or trade body as fully satisfying its requirements;
5. in the case of the activities in List V(a) and (b):
(a) for three years in a self-employed capacity or as a manager of an
undertaking, provided that pursuit of the activity in question did
not cease more than two years before the date on which theapplication provided for in Article 8 is made;
(b) for three years in a self-employed capacity or as a manager of an
undertaking, provided that pursuit of the activity in question didnot cease more than two years before the date on which theapplication provided for in Article 8 is made, unless the host
Member State permits its nationals to interrupt their pursuit of
that activity for a longer period; or
6. in the case of the activities in List VI:
(a) for three consecutive years in either a self-employed capacity or
as a manager of an undertaking; or
(b) for two consecutive years in a self-employed capacity or as a
manager of an undertaking where the beneficiary proves that he
has received prior training for the activity in question, attested bya nationally recognised certificate or regarded by a competentprofessional or trade body as fully satisfying its requirements; or
(c) for two consecutive years in a self-employed capacity or as a
manager of an undertaking where the beneficiary proves that he
has pursued the activity in question for at least three years in an
employed capacity; or
(d) for three consecutive years in an employed capacity where the
beneficiary proves that he has received previous training for theactivity in question, attested by a nationally recognised certificateor regarded by a competent professional or trade body as fullysatisfying its requirements.
In the cases referred to in (a) and (c), pursuit of the activity shall not
have ceased more than 10 years before the date on which the
application provided for in Article 8 is made.
Article 5
Where a beneficiary holds a nationally recognised certificate obtained in
a Member State attesting to knowledge of and ability in the activity inquestion equivalent to at least two or three years, as appropriate, ofprofessional training, that certificate may be treated by the host MemberState in the same way as a certificate attesting to training of the duration1999L0042 — EN — 31.07.1999 — 000.001 — 6
▼B
required by Article 4(1)(b) and (d), (2)(b) and (d), (3)(b) and (4)(b), (c)
and (e).
Article 6
Where the duration of the training of the beneficiary is at least two years
and less than three years, the requirements of Article 4 shall be satisfied
if the duration of professional experience in a self-employed capacity oras a manager specified in Article 4(1)(b) and (d), (2)(b), first indent,(3)(b) and (4)(b) or in an employed capacity specified in Article 4(2)(d),first indent is extended in the same proportion to cover the difference inthe duration of the training.
Article 7
A person shall be regarded as having pursued an activity as a manager of
an undertaking within the meaning of Article 4 if he has pursued such an
activity in an undertaking in the occupational field in question:
(a) as a manager of an undertaking or a manager of a branch of an
undertaking; or
(b) as a deputy to the proprietor or the manager of an undertaking where
that post involves responsibility equivalent to that of the proprietoror manager represented; or
(c) in a managerial post with duties of a commercial and/or technical
nature and with responsibility for one or more departments of theundertaking.
Article 8
Proof that the conditions laid down in Article 4 are satisfied shall be
established by a certificate concerning the nature and duration of the
activity issued by the competent authority or body in the home MemberState or in the Member State from where the beneficiary comes whichthe beneficiary must submit in support of his application forauthorisation to pursue the activity or activities in question in the hostMember State.
TITLE IV
Recognitionofotherprofessionalqualificationsobtainedinanother
MemberState
Article 9
1. Where a host Member State requires its own nationals wishing to
take up any activity referred to in Article 1(2) to furnish proof of goodcharacter and proof that they are not and have not previously been
declared bankrupt, or proof of either of these, it shall accept as sufficient
evidence, in respect of nationals of other Member States, the productionof an extract from the ‘judicial record’ or, failing this, of an equivalentdocument issued by a competent judicial or administrative authority inthe home Member State or in the Member State from where thebeneficiary comes showing that these requirements are satisfied.
2. Where a host Member State imposes on its own nationals wishing
to take up any activity referred to in Article 1(2) certain requirements asto good character and requires them to prove that they are not and have
not previously been declared bankrupt and have not previously been the
subject of professional or administrative disciplinary measures (forexample, withdrawal of the right to hold certain offices, suspension frompractice or striking-off), but proof cannot be obtained from thedocument referred to in paragraph 1 of this Article, it shall accept as
sufficient evidence in respect of nationals of other Member States a
certificate issued by a competent judicial or administrative authority inthe home Member State or in the Member State from where thebeneficiary comes attesting that the requirements are satisfied. Suchcertificate shall relate to the specific facts regarded as relevant by thehost Member State.1999L0042 — EN — 31.07.1999 — 000.001 — 7
▼B
3. Where the home Member State or the Member State from where
the beneficiary comes does not issue the documents referred to inparagraphs 1 and 2, such documents shall be replaced by a declaration
on oath — or, in those Member States where there is no provision for
such declaration on oath, by a solemn declaration — made by the personconcerned before a competent judicial or administrative authority or,where appropriate, a notary in that Member State; such authority ornotary shall issue a certificate attesting the authenticity of the
declaration on oath or solemn declaration. The declaration of no
previous bankruptcy may also be made before a competent professionalor trade body in that Member State.
4. Where a host Member State requires proof of financial standing, it
shall regard certificates issued by banks in the home Member State or inthe Member State from where the beneficiary comes as equivalent tothose issued in its own territory.
5. Where a host Member State requires its own nationals wishing to
take up or pursue any activity referred to in Article 1(2) to furnish proofthat they are insured against the financial risks arising from their
professional liability, it shall accept certificates issued by the insurance
undertakings of other Member States as equivalent to those issued in itsown territory. Such certificates shall state that the insurer has compliedwith the laws and regulations in force in the host Member Stateregarding the terms and extent of cover.
6. At the time of their production, the documents referred to in
paragraphs 1, 2, 3 and 5 may not date from more than three months aftertheir date of issue.
TITLE V
Proceduralprovisions
Article 10
1. Member States shall designate, within the period stipulated in
Article 14, the authorities and bodies responsible for issuing the
certificates referred to in Articles 8 and 9(1), (2) and (3) and shallcommunicate this information forthwith to the other Member States andto the Commission.
2. Each Member State may nominate a coordinator for the activities
of the authorities and bodies referred to in paragraph 1 to thecoordinating group set up under Article 9(2) of Directive 89/48/EEC.The tasks of the coordinating group shall also be as follows:
— facilitating the implementation of this Directive;
— collecting all useful information for its application in the Member
States and especially gathering and comparing information on thedifferent professional qualifications in the areas of activity falling
within the scope of this Directive.
TITLE VI
Finalprovisions
Article 11
1. The Directives listed in Annex B are hereby repealed.
2. References to the repealed Directives shall be construed as
references to this Directive.
Article 12
As from 1 January 2001, Member States shall communicate to the
Commission every two years a report on the application of the systemintroduced.
In addition to general remarks, that report shall contain a statistical
summary of the decisions taken and a description of the main problemsarising from the application of this Directive.1999L0042 — EN — 31.07.1999 — 000.001 — 8
▼B
Article 13
Not later than five years after the date referred to in Article 14, the
Commission shall report to the European Parliament and the Council on
the state of application of this Directive, and in particular of Article 5, in
the Member States.
After undertaking all the necessary hearings, especially of the
coordinators, the Commission shall submit its conclusions regardingany changes to the existing arrangement. If necessary, the Commissionshall also submit proposals for improving the existing arrangements withthe aim of facilitating free movement of persons, the right of
establishment and freedom to provide services.
Article 14
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive before
31 July 2001. They shall immediately inform the Commission thereof.
When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such reference onthe occasion of their official publication. The methods of making such areference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of
the main provisions of national law which they adopt in the field
covered by this Directive.
Article 15
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 16
This Directive is addressed to the Member States.1999L0042 — EN — 31.07.1999 — 000.001 — 9
▼B
ANNEXA
PART ONE
Activitiesrelatedtocategoriesofprofessionalexperience
ListI
Major Groups covered by Directive 64/427/EEC, as amended by Directive
69/77/EEC,andbyDirectives68/366/EEC,75/368/EECand75/369/EEC
1
Directive 64/427/EEC
(liberalisation Directive: 64/429/EEC)
NICE Nomenclature (corresponding to ISIC Major Groups 23-40)
Major Group 23 Manufacture of textiles
232 Manufacturing and processing of textile mate-
rials on woollen machinery
233 Manufacturing and processing of textile mate-
rials on cotton machinery
234 Manufacturing and processing of textile mate-
rials on silk machinery
235 Manufacturing and processing of textile mate-
rials on flax and hemp machinery
236 Other textile fibre industries (jute, hard fibres,
etc.) cordage
237 Manufacture of knitted and crocheted goods238 Textile finishing
239 Other textile industries
Major Group 24 Manufacture of footwear, other wearing apparel and
bedding
241 Machine manufacture of footwear (except from
rubber or wood)
242 Manufacture by hand and repair of footwear
243 Manufacture of wearing apparel (except furs)244 Manufacture of mattresses and bedding
245 Skin and fur industries
Major Group 25 Manufacture of wood and cork, except manufacture of
furniture
251 Sawing and industrial preparation of wood
252 Manufacture of semi-finished wood products253 Series production of wooden building compo-
nents including flooring
254 Manufacture of wooden containers
255 Manufacture of other wooden products (except
furniture)
259 Manufacture of straw, cork, basketware, wicker-
work and rattan products; brush-making
Major Group 26 260 Manufacture of wooden furniture
Major Group 27 Manufacture of paper and paper products
271 Manufacture of pulp, paper and paperboard272 Processing of paper and paperboard, and
manufacture of articles of pulp
Major Group 28 280 Printing, publishing and allied industries1999L0042 — EN — 31.07.1999 — 000.001 — 10
▼B
Major Group 29 Leather industry
291 Tanneries and leather finishing plants
292 Manufacture of leather products
ex Major Group 30 Manufacture of rubber and plastic products, man-made
fibres and starch products
301 Processing of rubber and asbestos302 Processing of plastic materials
303 Production of man-made fibres
ex Major Group 31 Chemical industry
311 Manufacture of chemical base materials and
further processing of such materials
312 Specialised manufacture of chemical products
principally for industrial and agricultural
purposes (including the manufacture for indus-
trial use of fats and oils of vegetable or animal
origin falling within ISIC Group 312)
313 Specialised manufacture of chemical products
principally for domestic or office use (excluding
the manufacture of medicinal and pharmaceu-
tical products (ISIC ex Group 319)
Major Group 32 320 Petroleum industry
Major Group 33 Manufacture of non-metallic mineral products
331 Manufacture of structural clay products
332 Manufacture of glass and glass products
333 Manufacture of ceramic products, including
refractory goods
334 Manufacture of cement, lime and plaster335 Manufacture of structural materials, in concrete,
cement and plaster
339 Stone working and manufacture of other non-
metallic mineral products
Major Group 34 Production and primary transformation of ferrous and non-
ferrous metals
341 Iron and steel industry (as defined in the ECSC
Treaty, including integrated steelworks-owned
coking plants)
342 Manufacture of steel tubes
343 Wire-drawing, cold-drawing, cold-rolling of
strip, cold-forming
344 Production and primary transformation of non-
ferrous metals
345 Ferrous and non-ferrous metal foundries
Major Group 35 Manufacture of metal products (except machinery and
transport equipment)
351 Forging, heavy stamping and heavy pressing
352 Secondary transformation and surface-treatment353 Metal structures
354 Boilermaking, manufacture of industrial
hollow-ware
355 Manufacture of tools and implements and
finished articles of metal (except electrical
equipment)
359 Ancillary mechanical engineering activities1999L0042 — EN — 31.07.1999 — 000.001 — 11
▼B
Major Group 36 Manufacture of machinery other than electrical machinery
361 Manufacture of agricultural machinery and
tractors
362 Manufacture of office machinery
363 Manufacture of metal-working and other
machine-tools and fixtures and attachments for
these and for other powered tools
364 Manufacture of textile machinery and acces-
sories, manufacture of sewing machines
365 Manufacture of machinery and equipment for
the food-manufacturing and beverage industries
and for the chemical and allied industries
366 Manufacture of plant and equipment for mines,
iron and steel works foundries, and for the
construction industry; manufacture of mechan-
ical handling equipment
367 Manufacture of transmission equipment368 Manufacture of machinery for other specific
industrial purposes
369 Manufacture of other non-electrical machinery
and equipment
Major Group 37 Electrical engineering
371 Manufacture of electric wiring and cables
372 Manufacture of motors, generators, transfor-
mers, switch gear, and other similar equipment
for the provision of electric power
373 Manufacture of electrical equipment for direct
commercial use
374 Manufacture of telecommunications equipment,
meters, other measuring appliances and electro-
medical equipment
375 Manufacture of electronic equipment, radio and
television receivers, audio equipment
376 Manufacture of electric appliances for domestic
use
377 Manufacture of lamps and lighting equipment378 Manufacture of batteries and accumulators
379 Repair, assembly and specialist installation of
electrical equipment
ex Major Group 38 Manufacture of transport equipment
383 Manufacture of motor vehicles and parts thereof
384 Repair of motor vehicles, motorcycles and
cycles
385 Manufacture of motorcycles, cycles and parts
thereof
389 Manufacture of transport equipment not else-
where classified
Major Group 39 Miscellaneous manufacturing industries
391 Manufacture of precision instruments and
measuring and controlling instruments
392 Manufacture of medico-surgical instruments
and equipment and orthopaedic appliances
(except orthopaedic footwear)
393 Manufacture of photographic and optical equip-
ment
394 Manufacture and repair of watches and clocks1999L0042 — EN — 31.07.1999 — 000.001 — 12
▼B
395 Jewellery and precious metal manufacturing
396 Manufacture and repair of musical instruments
397 Manufacture of games, toys, sporting and
athletic goods
399 Other manufacturing industries
Major Group 40 Construction
400 Construction (non-specialised); demolition401 Construction of buildings (dwellings or other)
402 Civil engineering; building of roads, bridges,
railways, etc.
403 Installation work
404 Decorating and finishing
2
Directive 68/366/EEC
(liberalisation Directive 68/365/EEC)
NICE Nomenclature
Major Group 20 A 200 Industries producing animal and vegetable fats
and oils
20 B Food manufacturing industries (excluding the beverage
industry)
201 Slaughtering, preparation and preserving of
meat
202 Milk and milk products industry
203 Canning and preserving of fruits and vegetables
204 Canning and preserving of fish and other sea
foods
205 Manufacture of grain mill products
206 Manufacture of bakery products, including
rusks and biscuits
207 Sugar industry208 Manufacture of cocoa, chocolate and sugar
confectionery
209 Manufacture of miscellaneous food products
Major Group 21 Beverage industry
211 Production of ethyl alcohol by fermentation,
production of yeast and spirits
212 Production of wine and other unmalted alco-
holic beverages
213 Brewing and malting
214 Soft drinks and carbonated water industries
ex 30 Manufacture of rubber products, plastic materials, artificial
and synthetic fibres and starch products
304 Manufacture of starch products
3
Directive 75/368/EEC (activities listed in Article 5(1 ))
ISIC Nomenclature
ex 04 Fishing
043 Inland water fishing1999L0042 — EN — 31.07.1999 — 000.001 — 13
▼B
ex 38 Manufacture of transport equipment
381 Shipbuilding and repairing
382 Manufacture of railroad equipment
386 Manufacture of aircraft (including space equip-
ment)
ex 71 Activities allied to transport and activities other than
transport coming under the following groups:
ex 711 Sleeping- and dining-car services; maintenance
of railway stock in repair sheds; cleaning of
carriages
ex 712 Maintenance of stock for urban, suburban and
interurban passenger transport
ex 713 Maintenance of stock for other passenger land
transport (such as motor cars, coaches, taxis)
ex 714 Operation and maintenance of services in
support of road transport (such as roads, tunnels
and toll-bridges, goods depots, car parks, bus
and tram depots)
ex 716 Activities allied to inland water transport (such
as operation and maintenance of waterways,
ports and other installations for inland water
transport; tug and piloting services in ports,
setting of buoys, loading and unloading of
vessels and other similar activities, such as
salvaging of vessels, towing and the operation
of boathouses)
73 Communication: postal services and telecommunications
ex 85 Personal services
854 Laundries and laundry services, dry-cleaning
and dyeing
ex 856 Photographic studios: portrait and commercial
photography, except journalistic photographers
ex 859 Personal services not elsewhere classified
(maintenance and cleaning of buildings or
accommodation only)
4
Directive 75/369/EEC (Article 6: where the activity is regarded as being of an
industrial or small-craft nature)
ISIC Nomenclature
The following itinerant activities:
(a) the buying and selling of goods:
— by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612);
— in covered markets other than from permanently fixed installations and in
open-air markets;
(b) activities covered by transitional measures already adopted that expressly
exclude or do not mention the pursuit of such activities on an itinerant basis.
ListII
Directive82/470/EEC(Article6(3))
Groups 718 and 720 of the ISIC Nomenclature
The activities comprise in particular:
— organizing, offering for sale and selling, outright or on commission, single or
collective items (transport, board, lodging, excursions, etc.) for a journey or
stay, whatever the reasons for travelling (Article 2(B)(a)).1999L0042 — EN — 31.07.1999 — 000.001 — 14
▼B
ListIII
Directive82/489/EEC
ex 855 Hairdressing, excluding services of chiropodists and
professional beauticians' and hairdressers' training schools
ListIV
Directive82/470/EEC(Article6(1))
Groups 718 and 720 of the ISIC Nomenclature:The activities comprise in particular:
— acting as an intermediary between contractors for various methods of
transport and persons who dispatch or receive goods, and carrying out related
activities:
(aa) by concluding contracts with transport contractors, on behalf of
principals;
(bb) by choosing the method of transport, the firm and the route considered
most profitable for the principal;
(cc) by arranging the technical aspects of the transport operation (e.g.
packing required for transportation); by carrying out various operations
incidental to transport (e.g. ensuring ice supplies for refrigerated
wagons);
(dd) by completing the formalities connected with the transport such as the
drafting of way bills; by assembling and dispersing shipments;
(ee) by coordinating the various stages of transportation, by ensuring transit,
reshipment, transshipment and other termination operations;
(ff) by arranging both freight and carriers and means of transport for persons
dispatching goods or receiving them;
— assessing transport costs and checking the detailed accounts;
— taking certain temporary or permanent measures in the name of and on behalf
of a shipowner or sea transport carrier (with the port authorities, ship's
chandlers, etc.)
(The activities listed under Article 2(A)(a), (b) and (d)).
ListV
Directives(64/222/EEC)and(70/523/EEC)
(a)See Article 4(5)(a) of this DirectiveDirective 64/222/EEC
(liberalisation Directives 64/223/EEC and 64/224/EEC)
0. activities of self-employed persons in wholesale trade, with the exception of
wholesale trade in medicinal and pharmaceutical products, in toxic products
and pathogens and in coal (ex Group 611);
1. professional activities of an intermediary who is empowered and instructed by
one or more persons to negotiate or enter into commercial transactions in the
name of and on behalf of those persons;
2. professional activities of an intermediary who, while not being permanently so
instructed, brings together persons wishing to contract directly with one
another or arranges their commercial transactions or assists in the completion
thereof;
3. professional activities of an intermediary who enters into commercial
transactions in his own name on behalf of others;
4. professional activities of an intermediary who carries out wholesale selling by
auction on behalf of others;
5. professional activities of an intermediary who goes from door to door seeking
orders;
6. provision of services, by way of professional activities, by an intermediary in
the employment of one or more commercial, industrial or small craft
undertakings.1999L0042 — EN — 31.07.1999 — 000.001 — 15
▼C1
▼B
▼B
(b)
See Article 4(5)(b) of this Directive
Directive 70/523/EEC
Activities of self-employed persons in the wholesale coal trade and activities
of intermediaries in the coal trade (ex Group 6112, ISIC Nomenclature)
ListVI
Directives68/364/EEC,68/368/EEC,75/368/EEC,75/369/EEC,82/470/EEC
1
Directive 68/364/EEC
(liberalisation Directive 68/363/EEC)
ISIC ex Group 612 Retail trade
Excluded activities:
012 Letting-out for hire of farm machinery
640 Real estate, letting of property
713 Letting-out for hire of automobiles, carriages and horses718 Letting-out for hire of railway carriages and wagons
839 Renting of machinery to commercial undertakings
841 Booking of cinema seats and renting of cinematograph
films
842 Booking of theatre seats and renting of theatrical equip-
ment
843 Letting-out for hire of boats, bicycles, coin-operated
machines for games of skill or chance
853 Letting of furnished rooms
854 Laundered linen hire859 Garment hire
2
Directive 68/368/EEC
(liberalisation Directive 68/367/EEC)
ISIC Nomenclature
ISIC ex Major Group 85:1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group
852)
2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853)
3
Directive 75/368/EEC (Article 7)
All the activities listed in the Annex to Directive 75/368/EEC, except those
referred to in Article 5 of that Directive (List I, No 3 of this Annex).
ISIC Nomenclature
ex 62 Banks and other financial institutions
ex 620 Patent buying and licensing companies
ex 71 Transport
ex 713 Road passenger transport, excluding transporta-
tion by means of motor vehicles
ex 719 Transportation by pipelines of liquid hydrocar-
bons and other liquid chemical products1999L0042 — EN — 31.07.1999 — 000.001 — 16
▼B
ex 82 Community services
827 Libraries, museums, botanical and zoological
gardens
ex 84 Recreation services
843 Recreation services not elsewhere classified:
— sporting activities (sports grounds, orga-
nising sporting fixtures, etc.), except the
activities of sports instructors
— games (racing stables, areas for games,
racecourses, etc.)
— other recreational activities (circuses,
amusement parks and other entertainments)
ex 85 Personal services
ex 851 Domestic servicesex 855 Beauty parlours and services of manicurists,
excluding services of chiropodists and profes-
sional beauticians' and hairdressers' training
schools
ex 859 Personal services not elsewhere classified,
except sports and paramedical masseurs and
mountain guides, divided into the following
groups
— disinfecting and pest control
— hiring of clothes and storage facilities
— marriage bureaux and similar services— astrology, fortune-telling and the like— sanitary services and associated activities— undertaking and cemetery maintenance— couriers and interpreter-guides
4
Directive 75/369/EEC (Article 5)
The following itinerant activities:
(a) the buying and selling of goods:
— by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612);
— in covered markets other than from permanently fixed installations and in
open-air markets;
(b) activities covered by transitional measures already adopted that expressly
exclude or do not mention the pursuit of such activities on an itinerant basis.
5
Directive 82/470/EEC (Article 6(2))
(Activities listed in Article 2(A)(c) and (e), (B)(b), (C) and (D))These activities comprise in particular:
— hiring railway cars or wagons for transporting persons or goods;
— acting as an intermediary in the sale, purchase or hiring of ships;
— arranging, negotiating and concluding contracts for the transport of emigrants;— receiving all objects and goods deposited, on behalf of the depositor, whether
under customs control or not, in warehouses, general stores, furniture depots,
coldstores, silos, etc.
— supplying the depositor with a receipt for the object or goods deposited;
— providing pens, feed and sales rings for livestock being temporarily
accommodated while awaiting sale or while in transit to or from the market;
— carrying out inspection or technical valuation of motor vehicles;
— measuring, weighing and gauging goods.1999L0042 — EN — 31.07.1999 — 000.001 — 17
▼B
PART TWO
ActivitiesotherthanthosecoveredinPartOne
1
Directives 63/261/EEC, 63/262/EEC, 65/1/EEC, 67/530/EEC, 67/531/EEC, 67/
532/EEC, 68/192/EEC, 68/415/EEC and 71/18/EEC
ISIC Nomenclature
ex Major group 01 Agriculture
In particular:
(a) general agriculture including the growing of field crops and viticulture;
growing of fruits, nuts, seeds, vegetables, flowers, both in the open and under
glass;
(b) raising of livestock, poultry, rabbits, fur-bearing or other animals, bees; the
production of meat, milk, wool, skins and fur, eggs, honey;
(c) agricultural, animal husbandry and horticultural services on a fee or contract
basis.
2
Directive 63/607/EEC
(Films)
3
Directive 64/223/EEC
ISIC Nomenclature
ex Group 611 Activities of self-employed persons in wholesale trade
(with the exception of wholesale trade in medicinal and
pharmaceutical products, in toxic products and pathogens,
and in coal).
4
Directive 64/428/EEC
NICE Nomenclature
Group
Major 11 Mining and preparation of solid fuels
111 Mining and preparation of coal
112 Mining and preparation of lignite
Major 12 Mining of metalliferous ores
121 Mining of iron ore
122 Mining of non-ferrous metalliferous ores and
related activities
Major ex 13 ex 130 Extraction of petroleum and natural gas
(excluding prospecting and drilling)
Major 14 140 Extraction of building materials and fireclays
Major 19 190 Extraction of other minerals and of peat
5
Directive 65/264/EEC
(cinema)1999L0042 — EN — 31.07.1999 — 000.001 — 18
▼B
6
Directive 66/162/EEC
ISIC Nomenclature
Division 5 Electricity, gas, steam, water and sanitary services
7
Directive 67/43/EEC
ISIC Nomenclature
ex Group 640 Real estate (excluding 6401)
Group 839 Business services not elsewhere classified (excluding
journalism, activities of customs agents, advice on
economic, financial, commercial, statistical, and labour
and employment matters, debt collection)
8
Directive 67/654/EEC
ISIC Nomenclature
Major Group 02 Forestry and logging
021 Forestry
022 Logging
9
Directives 68/369/EEC and 70/451/EEC
ISIC Nomenclature
ex Group 841 Production, distribution and projection of films
10
Directive 69/82/EEC
ISIC Nomenclature
ex Major Group 13
ex 130 Exploration (prospecting and drilling) for petroleum and
natural gas
11
Directive 70/522/EEC
ISIC Nomenclature
ex Group 6112 Coal1999L0042 — EN — 31.07.1999 — 000.001 — 19
▼B
ANNEXB
REPEALEDDIRECTIVES
PART ONE: LIBERALISATION DIRECTIVES
63/261/EEC: Council Directive of 2 April 1963 laying down detailed
provisions for the attainment of freedom of establishment
in agriculture in the territory of a Member State in respect
of nationals of other countries of the Community who have
been employed as paid agricultural workers in that Member
State for a continuous period of two years
63/262/EEC: Council Directive of 2 April 1963 laying down detailed
provisions for the attainment of freedom of establishment
on agricultural holdings abandoned or left uncultivated for
more than two years
63/607/EEC: Council Directive of 15 October 1963 implementing in
respect of the film industry the provisions of the General
Programme for the abolition of restrictions on freedom to
provide services
64/223/EEC: Council Directive of 25 February 1964 concerning the
attainment of freedom of establishment and freedom to
provide services in respect of activities in wholesale trade
64/224/EEC: Council Directive of 25 February 1964 concerning the
attainment of freedom of establishment and freedom to
provide services in respect of activities of intermediaries in
commerce, industry and small craft industries
64/428/EEC: Council Directive of 7 July 1964 concerning the attainment
of freedom of establishment and freedom to provide
services in respect of activities of self-employed persons
in mining and quarrying (ISIC Major Groups 11-19)
64/429/EEC: Council Directive of 7 July 1964 concerning the attainment
of freedom of establishment and freedom to provide
services in respect of activities of self-employed persons
in manufacturing and processing industries falling within
ISIC Major Groups 23-40 (industry and small craft
industries)
65/1/EEC: Council Directive of 14 December 1964 laying down
detailed provisions for the attainment of freedom to
provide services in agriculture and horticulture
65/264/EEC: Second Council Directive of 13 May 1965 implementing in
respect of the film industry the provisions of the General
Programmes for the abolition of restrictions on freedom of
establishment and freedom to provide services
66/162/EEC: Council Directive of 28 February 1966 concerning the
attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed
persons engaging in the provision of electricity, gas, water
and sanitary services (ISIC Division 5)
67/43/EEC: Council Directive of 12 January 1967 concerning the
attainment of freedom of establishment and freedom toprovide services in respect of activities of self-employed
persons concerned with: 1. Matters of ‘real estate’
(excluding 6401) (ISIC Group ex 640); 2. The provision
of certain ‘business services not elsewhere classified’ (ISIC
Group 839)
67/530/EEC: Council Directive of 25 July 1967 concerning the freedom
of nationals of a Member State established as farmers in
another Member State to transfer from one holding to
another
67/531/EEC: Council Directive of 25 July 1967 concerning the
application of the laws of Member States relating to
agricultural leases to farmers who are nationals of other
Member States1999L0042 — EN — 31.07.1999 — 000.001 — 20
▼B
67/532/EEC: Council Directive of 25 July 1967 concerning freedom of
access to cooperatives for farmers who are nationals of one
Member State and established in another Member State
67/654/EEC: Council Directive of 24 October 1967 laying down detailed
provisions for the attainment of freedom of establishment
and freedom to provide services in respect of activities of
self-employed persons in forestry and logging
68/192/EEC: Council Directive of 5 April 1968 concerning freedom of
access to the various forms of credit for farmers who are
nationals of one Member State and established in another
Member State
68/363/EEC: Council Directive of 15 October 1968 concerning the
attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed
persons in retail trade (ISIC ex Group 612)
68/365/EEC: Council Directive of 15 October 1968 concerning the
attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed
persons in the food manufacturing and beverage industries
(ISIC Major Groups 20 and 21)
68/367/EEC: Council Directive of 15 October 1968 concerning the
attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed
persons in the personal services sector (ISIC ex Major
Group 85); 1. Restaurants, cafés, taverns and other drinking
and eating places (ISIC Group 852); 2. Hotels, rooming
houses, camps and other lodging places (ISIC Group 853)
68/369/EEC: Council Directive of 15 October 1968 concerning the
attainment of freedom of establishment in respect of
activities of self-employed persons in film distribution
68/415/EEC: Council Directive of 20 December 1968 concerning
freedom of access to the various forms of aid for farmers
who are nationals of one Member State and established in
another Member State
69/82/EEC: Council Directive of 13 March 1969 concerning the
attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed
persons engaging in exploration (prospecting and drilling)for petroleum and natural gas (ISIC ex Major Group 13)
70/451/EEC: Council Directive of 29 September 1970 concerning the
attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed
persons in film production
70/522/EEC: Council Directive of 30 November 1970 concerning the
attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed
persons in the wholesale coal trade and activities of
intermediaries in the coal trade (ISIC ex Group 6112)
71/18/EEC: Council Directive of 16 December 1970 laying down
detailed provisions for the attainment of freedom of
establishment in respect of self-employed persons
providing agricultural and horticultural services
PART TWO: DIRECTIVES PROVIDING FOR TRANSITIONAL MEASURES
64/222/EEC: Council Directive of 25 February 1964 laying down
detailed provisions concerning transitional measures in
respect of activities in wholesale trade and activities of
intermediaries in commerce, industry and small craft
industries
64/427/EEC: Council Directive of 7 July 1964 laying down detailed
provisions concerning transitional measures in respect of
activities of self-employed persons in manufacturing and
processing industries falling within ISIC Major Groups 23-
40 (Industry and small craft industries), as amended by
Council Directive 69/77/EEC of 4 March 19691999L0042 — EN — 31.07.1999 — 000.001 — 21
▼B
68/364/EEC: Council Directive of 15 October 1968 laying down detailed
provisions concerning transitional measures in respect of
activities of self-employed persons in retail trade (ISIC exGroup 612)
68/366/EEC: Council Directive of 15 October 1968 laying down detailed
provisions concerning transitional measures in respect of
activities of self-employed persons in the food manufac-
turing and beverage industries (ISIC Major Groups 20 and
21)
68/368/EEC: Council Directive of 15 October 1968 laying down detailed
provisions concerning transitional measures in respect of
activities of self-employed persons in the personal services
sector (ISIC ex Major Group 85); 1. Restaurants, cafes,
taverns and other drinking and eating places (ISIC Group
852); 2. Hotels, rooming houses, camps and other lodging
places (ISIC Group 853)
70/523/EEC: Council Directive of 30 November 1970 laying down
detailed provisions concerning transitional measures in
respect of activities of self-employed persons in the
wholesale coal trade and in respect of activities of
intermediaries in the coal trade (ISIC ex group 6112)
75/368/EEC: Council Directive of 16 June 1975 on measures to facilitate
the effective exercise of freedom of establishment and
freedom to provide services in respect of various activities
(ex ISIC Division 01 to 85) and, in particular, transitional
measures in respect of those activities
75/369/EEC: Council Directive of 16 June 1975 on measures to facilitate
the effective exercise of freedom of establishment and
freedom to provide services in respect of itinerant activities
and, in particular, transitional measures in respect of those
activities
82/470/EEC: Council Directive of 29 June 1982 on measures to facilitate
the effective exercise of freedom of establishment and
freedom to provide services in respect of activities of self-
employed persons in certain services incidental to transport
and travel agencies (ISIC Group 718) and in storage and
warehousing (ISIC Group 720)
82/489/EEC: Council Directive of 19 July 1982 laying down measures to
facilitate the effective exercise of the right of establishment
and freedom to provide services in hairdressing1999L0042 — EN — 31.07.1999 — 000.001 — 22