1980L0154 — EN — 08.11.1989 — 003.001 — 1
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►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
Amended by:
►A1Act of Accession of Spain and Portugal L 302 23 15.11.1985
▼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 with regard to establishment and provision of services is
prohibited as from the end of the transitional period; whereas the prin-ciple of such treatment based on nationality applies in particular to thegrant of any authorization required to practise as a midwife and also tothe registration, with or membershipof p rofessional 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 upand
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 with or membershipof p rofessional organizations or1980L0154 — EN — 08.11.1989 — 003.001 — 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 upthe p rofession 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 each Member State, without 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 — 08.11.1989 — 003.001 — 3
(1) OJ No L 257, 19. 10. 1968, p. 2.
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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’.
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 to
nationals of Member States by the other Member States and listed inArticle 3 which satisfy the minimum programme mentioned in Article1 (1), (3) and (4) of Directive 80/155/EEC and comply with one of thefollowing 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, referred to in Article 3 of 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 other
evidence of formal qualifications as a nurse responsible for generalcare referred to in Article 3 of Directive 77/452/EEC and followedby professional practice for which the certificate referred to inArticle 4 of this Directive is issued.
2. Each Member State shall, as far as the right to take upand p ursue
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 theMember State itself awards.
Artikel 3
The diplomas, certificates and other evidence of formal qualifications
referred to in Article 2 are the following:
a)in the Federal Republic of Germany:
— the‘Zeugnis über die staatliche Prüfung für Hebammen und
Entbindungspfleger’ , award by the State examining board,
— the certificates issued by the competent authorities of the
Federal Republic of Germany, stating that the diplomas1980L0154 — EN — 08.11.1989 — 003.001 — 4
(1) OJ No L 176, 15. 7. 1977, p. 1.▼M1
▼A1
▼B
▼M2
▼B
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awarded after 8 May 1945 by the competent authorities of the
German Democratic Republic are recognized as equivalent tothose listed in the first indent;
b)in Belgium:
the ‘diplôme d'accoucheuse/vroedvrouwdiploma’ awarded by
schools set up or approved by the State or by the ‘Jury central’;
c)in Denmark:
the ‘bevis for bestået jordemodereksamen’ awarded by ‘Danemarks
jordemoderskole’;
d)in France:
the ‘diplôme de sage-femme’ awarded by the State;
e)in Ireland:
the certificate in midwifery awarded by ‘An Bord Altranais’;
f)in Italy:
the ‘diploma d'ostetrica’ awarded by schools approved by the State;
g)in Luxembourg:
the ‘diplôme de sage-femme’ awarded by the Minister for Health
following a decision by the examining board;
h)in the Nederlands:
the►
M2‘diploma van verloskundige’ ◄awarded by the
examing body designated by the State;
(i)in the United Kingdom:
— a statement of registration as a midwife in Part 10 of the
Register maintained by the United Kingdom Central Councilfor Nursing, Midwifery and Health Visiting;
(j)in Greece:
— the‘πτυχίο µαίας ή µαιευτή ’authenticated by the Ministry of
Health and Welfare,
— the‘πτυχίο Ανωτέρας Σχολής Στελεχών Υγείας και
Κοινωνικής Πρόνοιας, Τµήµατος Μαιευτικής ’awarded by the
faculty of health and social welfare workers, obstetrics section,
of the advanced technical and vocational education centres or
by the technological training establishments run by the Ministryof Education and Religious Affairs;
(k)in Spain:
the diploma of ‘matrona’ or‘asistente obstétrico (matrona)’ or
‘enfermería obstétricaginecológica’ , awarded by the Ministry of
Education and Science;
l)in Portugal:
the diploma of ‘enfermeiro especialista em enfermagem de saúde
materna e obstétrica’.
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 holderhas 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).1980L0154 — EN — 08.11.1989 — 003.001 — 5
▼M2
▼A1
▼B
▼B
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 the
minimum 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 ofmidwives awarded by those Member States prior to and during a periodof 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-
sional practice referred to in Article 4, each Member State shall
recognize as sufficient evidence the diplomas, certificates and otherevidence of formal qualifications of midwives awarded by thoseMember States prior to the entry into force of the present Directive,accompanied by a certificate stating that those nationals have effec-tively and lawfully been engaged in the activities in question for at
least two years during the 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 offormal qualifications as midwife do not conform with the qualificationsor designations set out in Article 3, each Member State shall recognize
as being sufficient proof diplomas, certificates and other evidence of
formal qualifications awarded by those Member States accompaniedby a certificate issued by the competent authorities or bodies. The certi-ficate shall state that the diplomas, certificates and other evidence offormal qualifications as midwife were awarded following training inaccordance with the provisions of Directive 80/155/EEC, referred to
in Article 2 of this Directive and are treated by the Member State
which awarded them as the qualifications or designations set out inArticle 3 of this Directive.
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 in
Articles 2 and 5 have the right to use the lawful academic title, inas-much as it is not identical to the professional title, or, whereappropriate, the abbreviation thereof of their Member State of originor of the Member State from which they come, in the language or
languages of that State. Host Member States may require this title to
be 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 such a person to use the 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 — 08.11.1989 — 003.001 — 6
▼M2
▼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 upthe 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 upwithin 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 upof 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 — 08.11.1989 — 003.001 — 7
▼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 upor p ursue 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 upor p ursue 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 with Articles 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
upor p ursue 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 ofoath or declaration is offered to the person concerned
B.Provisionsspecifically relatingtotheprovisionofservices
Article 13
1. Where a Member State requires of its own nationals wishing to
take upor p ursue any of the activities referred to in Article 1 anauthorization, or membershipof or registration with a p rofessional
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 — 08.11.1989 — 003.001 — 8
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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 paragraph 3.
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 — 08.11.1989 — 003.001 — 9
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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 the
diplomas, 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 with Regulation (EEC) No 1612/68, are pursuing or willpursue as employed persons one of the activities referred to in Article
1.
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 upunder
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 — 08.11.1989 — 003.001 — 10
(1) OJ No L 167, 30. 6. 1975, p. 19.
(2) See page 15 of this Official Journal.