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►B COUNCIL DIRECTIVE 93/16/EEC
of 5 April 1993
to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates
and other evidence of formal qualifications
(OJ L 165, 7.7.1993, p. 1)
Amended by:
Official Journal
No page date
►M1Directive 97/50/EC of the European Parliament and of the Council of 6
October 1997 L 291 35 24.10.1997
►M2Commission Directive 98/21/EC of 8 April 1998 L 119 15 22.4.1998
►M3Commission Directive 98/63/EC of 3 September 1998 L 253 24 15.9.1998
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.19951993L0016 — EN — 05.10.1998 — 004.001 — 1
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COUNCIL DIRECTIVE 93/16/EEC
of 5 April 1993
to facilitate the free movement of doctors and the mutual
recognition of their diplomas, certificates and other evidence of
formal qualifications
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Economic
Community, and in particular Article 49, Article 57 (1) and (2), first and
third sentences, and Article 66 thereof,
Havingreg ard to the proposal from the Commission,In cooperation with the European Parliament(
1),
Havingreg ard to the opinion of the Economic and Social Committee(2),
Whereas Council Directives 75/362/EEC of 16 June 1975 concerning
the mutual recognition of diplomas, certificates and other evidence offormal qualifications in medecine, includingmeasures to facilitate theeffective exercise of the right of establishment and freedom to provideservices(
3) and 75/363/EEC of 16 Juni 1975 concerningthe coordination
of provisions laid down by law, regulation or administrative action in
respect of activities of doctors(4) have been frequently and substantially
amended; whereas, therefore, for reasons of clarity and rationality, thesaid Directives should be consolidated; whereas it is in additionadvisable, by grouping together the said Directives in a single text, toincorporate therein Council Directive 86/457/EEC of 15 September
1986 on specific trainingin g eneral medical practice(
5);
Whereas, pursuant to the Treaty, all discriminatory treatment based on
nationality with regard to establishment and provision of services isprohibited as from the end of the transitional period; whereas theprinciple of such treatment based on nationality applies in particular tothe grant of any authorization required to practise as a doctor and also to
the registration with, or membership of, professional organizations or
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
doctors;
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 the aim of this Directive is the
recognition of diplomas, certificates and other evidence of formal
qualifications whereby activities in the field of medicine can be taken upand pursued and the recognition of diplomas, certificates and otherevidence of formal qualifications in respect of specialists;
Whereas, with regard to the training of specialists, mutual recognition of
trainingqualifications is advisable where these qualifications, while not
beinga condition of accessto take up the activities of a specialist,nonetheless entitle him to use a specialist title;
Whereas changes in the legislation of the Member States have made
certain technical amendments necessary in order to take into account, inparticular, the changes in the titles of diplomas, certificates and other1993L0016 — EN — 05.10.1998 — 004.001 — 2
(1) OJ No C 125, 18. 5. 1992, p. 170; and OJ No C 72, 15. 3. 1993.
(2) OJ No C 98, 24. 4. 1992, p. 6.
(3) OJ No L 167, 30. 6. 1975, p. 1. Directive as last amended by Directive 90/
658/EEC (OJ No L 353, 17. 12. 1990, p. 73).
(4) OJ No L 167, 30. 6. 1975, p. 14. Directive as last amended by Directive 90/
658/EEC (OJ No L 353, 17. 12. 1990, p. 73).
(5) OJ No L 267, 19. 9. 1986, p. 26.
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evidence of formal qualifications in these professions or in the
designation of certain medical specializations, as well as of theestablishment of certain new medical specializations or the disconti-
nuingof certain former specialization which have taken place in some
Member States;
Whereas it is advisable to make provision for measures relatingto
acquired rights with regard to the mutual recognition of diplomas,
certificates and other evidence of formal qualifications in medicine
issued by the Member State and approvingtrainingwhich hadcommenced before the implementation of this Directive;
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 trainingcovered by suchdiplomas, the use of such qualifications should be authorized only in thelanguage of the Member State of origin or of the Member State fromwhich the foreign national comes;
Whereas, to facilitate the application of this Directive by the national
authorities, Member States may prescribe that, in addition to formalcertificates of training, the person who satisfies the conditions oftrainingrequired by this Directive must provide a certificate from thecompetent authorities of his country of origin or of the country from
which he comes statingthat these certificates of trainingare those
covered by the Directive;
Whereas this Directive does not affect the provisions laid down by law,
regulation or administrative action in the Member States, which prohibit
companies or firms from practisingmedicine or impose on them certain
conditions for such practice;
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 the
activity pursued in the host country, would undoubtedly constitute an
obstacle to the person wishingto provide the service, by reason of thetemporary nature of his activity; whereas this requirement shouldtherefore be abolished; whereas, however, in this event, control overprofessional discipline, which is the responsibility of these professional
organizations or bodies, should be guaranteed; whereas, to this end, it
should be guaranteed; whereas, to this end, it should be provided,subject to the application of Article 62 of the Treaty, that the personconcerned may be required to submit to the competent authority of thehost Member State particulars relatingto the provision of services;
Whereas, with regard to the requirements relating to good character and
good repute, a distinction should be drawn between the requirements tobe satisfied on first takingup the profession and those to be satisfied topractise it;
Whereas, with a view to mutual recognition of diplomas, certificates and
other evidence of formal qualifications in specialized medicine and inorder to put all members of the profession who are nationals of theMember States on an equal footingwithin the Community, somecoordination of the requirements for trainingin specialized medicineseems necessary; whereas certain minimum criteria should be laid down
for this purpose concerning the right to take up specialized training, the
minimum trainingperiod, the method by which such trainingis g ivenand the place where it is to be carried out, as well as the supervision towhich it should be subject; whereas these criteria only concern thespecialities common to all the Member States or to two or more Member
States;
Whereas the coordination of the conditions for the pursuit of these
activities, as envisaged by this Directive, does not exclude anysubsequent coordination;
Whereas the point has now been reached where it is almost universally
recognized that there is a need for specific training for the generalmedical practitioner to enable him better to fulfil his function; whereasthis function, which depends to a great extent on the doctor's personalknowledge of his patients' environment, consists of giving advice on the1993L0016 — EN — 05.10.1998 — 004.001 — 3
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prevention of illness and on the protection of the patients' general health,
besides giving appropriate treatment;
Whereas this need for specific trainingin g eneral medical practice has
emerged mainly as a result of the development of medical science,which has increasingly widened the gap between medical research andteachingon the one hand and g eneral medical practice on the other, sothat important aspects of general medical practice can no longer be
taught in a satisfactory manner within the framework of the Member
States' current basis medical training;
Whereas, apart from the benefit to patients, it is also recognized that
improved trainingfor the specific function of g eneral medical
practitioner would contribute to an improvement in health care,
particularly by developinga more selective approach to the consultationof specialists, use of laboratories and other highly specialized establish-ments and equipment;
Whereas improved training for general medical practice will upgrade the
status of the general medical practitioner;
Whereas, although this situation seems irreversible, it has developed at
different rates in the various Member States; whereas it is desirable toensure that the various trends converge in successive stages, without
however forcingthe pace, with a view to appropriate trainingfor every
general medical practitioner in order to satisfy the specific requirementsof general medical practice;
Whereas, to ensure the gradual introduction of this reform, it is
necessary in an initial stage to institute in each Member State specific
trainingin g eneral medical practice which satisfies minimum quality andquantitiy requirements, and supplements the minimum basic trainingwhich medicalpractitioners must receive in accordance with thisDirective; whereas it is immaterial whether this trainingin g eneralmedical practice is received as part of, or separately from, basic medical
trainingas laid down nationally; whereas, in a second stag e, provision
should be made to subject the exercise of general medical practice undera social security scheme to completion of specific trainingin g eneralmedical practice; whereas further proposals to complet the reformshould subsequently be put forward;
Whereas this Directive does not affect the power of the Member States
to organize their national security schemes and to determine whatactivities are to be carried out under those schemes;
Whereas the coordination, pursuant to this Directive, of the minimum
conditions governing the issue of diplomas, certificates or otherevidence of formal qualifications certifyingcompletion of specifictrainingin g eneral medical practice will render possible the mutualrecognition of these diplomas, certificates or other evidence of formalqualifications by the Member States;
Whereas, pursuant to this Directive, a host Member State is not entitled
to require medical practitioners, in possession of diplomas obtained inanother Member State and recognized pursuant to this Directive, tocomplete any additional trainingin order to practise within its social
security scheme, even where such trainingis required of holders of
diplomas of medicine obtained in its own territory; whereas thisconsequence of this Directive will remain in effect as regards theexercise of general medical practice under social security schemes until1 January 1995, from which date this Directive requires all MemberStates to make the exercise of general medical practice in the context of
their social security schemes subject to the possession of specific
trainingin g eneral medical practice; whereas medical practitionersestablished in practice before that date pursuant to this Directive musthave an acquired right to practise as general medical practitioners underthe national social security scheme of the host country even if they have
not completed specific trainingin g eneral medical practice;
Whereas the coordination envisaged by this Directive covers the
professional trainingof doctors, whereas, as far as trainingis concerned,most Member States do not at present distinguish between doctors whopursue their activities as employed persons and those who are self-1993L0016 — EN — 05.10.1998 — 004.001 — 4
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employed; whereas rules relating to good character or good repute,
professional discipline or use of title for the professions covered are ormay be applicable, dependingon the individual Member States, both to
employed and self-employed persons; whereas the activities of doctors
are subject in all Member States to possession of a diploma, certificateor other evidence of formal qualification in medicine; whereas suchactivities are pursued by both employed and self-employed persons, orby 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 within the Community, ittherefore appears necessary to extend this Directive to employeddoctors;
Whereas, this Directive must not affect the obligations of the Member
States concerningthe deadlines for transposition set out in Annex III,Part B,
HAS ADOPTED THIS DIRECTIVE:
TITLE I
SCOPE
Article 1
This Directive shall apply to the activities of doctors workingin a self-
employed or employed capacity who are nationals of the Member States.
TITLE II
MUTUAL RECOGNITION OF DIPLOMAS CERTIFICATESAND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN
MEDICINE
CHAPTER I
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMAL QUALIFICATIONS IN MEDICINE
Article 2
Each Member State shall recognize the diplomas, certificates and other
evidence of formal qualifications awarded to nationals of Member Statesby the other Member States in accordance with Article 23 and which arelisted in Article 3, by giving such qualifications, as far as the right totake up and pursue the activities of a doctor is concerned, the same
effect in its territory as those which the Member State itself awards.
Article 3
The diplomas, certificats and other evidence of formal qualifications
referred to in Article 2 are as follows:
(a)in Belgium:
‘diplôme légal de docteur en médecine, chirurgie et
accouchements — Wettelijk diploma van doctor in de genees-,
heel- en verloskunde’ (diploma of doctor of medicine, surgery and
obstetrics required by law) awarded by the university faculties ofmedicine, the Central ExaminingBoard or the State UniversityEducation ExaminingBoard;
(b)in Denmark:
‘bevis for bestået lægevidenskabelig embedseksamen’ (diploma of
medical practitioner required by law) awarded by a universityfaculty of medicine and ‘dokumentation for gennemført praktiskuddannelse’, (certificate of practical trainingissued by thecompetent authorities of the health serivce);1993L0016 — EN — 05.10.1998 — 004.001 — 5
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(c)in Germany:
1. ‘Zeugnis über die ärztliche Staatsprüfung’ (the State examination
certificate in medicine) awarded by the competent authoriteis,
‘Zeugnis über die Vorbereitungszeit als Medizinalassistent’(certificate statingthat the preparatory period as medicalassistant has been completed) in so far as German law stillrequires such a period to complete medical training;
2. ‘Zeugnis über die ärztliche Staatsprüfung’ (the State examination
certificate in medicine) awarded by the competent authoritiesafter 30 June 1988 and the certificat attestingto the practice of
medicine duringa period of practical training(‘Arzt im
Praktikum’);
(d)in Greece:
‘Πτυχίο Ιατρικής ’(degree in medicine) awarded by:
— the faculty of medicine of a university, or
— the faculty of health sciences, department of medicine, of a
university;
(e)in Spain:
‘Título de Licenciado en Medicina y Cirugia’ (university degree in
medicine and surgery) awarded by the Ministry of Education and
Science or the rector of a university;
(f)in France:
1. ‘diplôme d'État de docteur en médecine’ (State diploma of
doctor of medicine) awarded by the university faculties ofmedicine, the university joint faculties of medicine andpharmacy, or by the universities;
2. ‘diplôme duniversité de docteur en médicine’ (university
diploma of doctor of medicine) where that diploma certifiescompletion of the same trainingcourse as that laid down for the
State diploma of doctor of medicine;
(g)in Ireland:
a primary qualification granted in Ireland after passing a qualifying
examination held by a competent examiningbody and a certificateof experience granted by that body which give entitlement toregistration as a fully registered medical practitioner;
(h)in Italy:
‘diploma di laurea in medicina e chirurgia’ (diploma of graduate in
medicine and surgery) awarded by a university, accompanied by a‘diploma di abilitazione all'esercizio della medicina e chirurgia’
(diploma conferring the right to practise medicine and surgery)
awarded by the State ExaminingCommission;
(i)in Luxembourg:
‘diplôme d'État de docteur en médecine, chirurgie et accouche-
ments’ (State diploma of doctor of medicine, surgery and obstetrics)awarded by the State ExaminingBoard, and endorsed by theMinister of Educations, and ‘certificat de stage’ (certificate of
practical training) endorsed by the Minister for Public Health;
(j)in the Netherlands:
‘universitair getuigschrift van arts’ (university certificate of doctor);
(k)in Portugal:
‘Carta de curso de licenciatura em medicina’ (diploma confirming
the completion ofmedical studies), awarded by a university, and the‘Diploma comprovativo da conclusão do internato geral’ (diplomaconfirmingthe completion of g eneral internship), awarded by thecompetent authorities of the Ministry of Health;
(l)in the United Kingdom:
‘a primary qualification granted in the United Kingdom after
passinga qualifyingexamination held by a competent examining1993L0016 — EN — 05.10.1998 — 004.001 — 6
▼B
body and a certificate of experience granted by that body which
give entitlement to registration as a fully registered medicalpractitioner;
(m)in Austria:
‘Doktor der gesamten Heilkunde’ (diploma of doctor of medicine)
awarded by auniversity faculty of medicine and ‘Diplom über diespezifische Ausbildungin der Allg emeinmedizin’ (diploma ofspecialist trainingin g eneral medicine), or ‘Facharztdiplom’(diploma as a specialist doctor) issued by the competent authority;
(n)in Finland:
‘todistus lääketieteen lisensiaatin tutkinnosta — bevis om medicine
licentiat examen’(certificate of the degree of licentiate in medicine)awarded by a university faculty of medicine and a certificate of
practical trainingissued by the competent public health authorities;
(o)in Sweden:
‘läkarexamen’ (university diploma in medicine) awarded by a
university faculty of medicine and a certificate of practical training
issued by the National Board of Health and Welfare.
CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMAL QUALIFICATIONS IN SPECIALIZED MEDICINE
COMMON TO ALL MEMBER STATES
Article 4
Each Member State shall recognize the diplomas, certificates and other
evidence of formal qualifications in specialized medicine awarded to
nationals of Member States by the other Member States in accordancewith Articles 24, 25, 26, and 29 and which are listed in Article 5, bygiving such qualifications the same effect in its territory as those whichthe Member State itself awards.
Article 5
1. The diplomas, certificates and other evidence of formal qualifica-
tions referred to in Article 4 shall be those which, havingbeen awarded
by the competent authorities or bodies listed in paragraph 2 correspond,for the purpose of the specialized trainingconcerned, to the qualifica-tions recognized in the various Member States and listed in paragraph 3.
2. The diplomas, certificates and other evidence of formal qualifica-
tions awarded by the competent authorities or bodies referred to in
paragraph 1 are as follows:
in Belgium:‘titre d'agrégation en qualité de médecin spécialiste — erkenningstitel
van geneersheer specialist’ (formal evidence of having qualified as amedical specialist) issued by the Minister responsible for public health;
in Denmark:
‘bevis for tilladelse til at betegne sig som speciallæge’ (certificate
concerningthe title of specialist) issued by the competent authorities ofthe health service;
in Germany:
‘Fachärztliche Anerkennung’ (recognized certificate of medical specia-
list, issued by the ‘Landesärztekammer’ (Chambers of Physicians of theLandconcerned);1993L0016 — EN — 05.10.1998 — 004.001 — 7
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in Greece:
‘ΤίτλοςΙατρικήςΕιδικότητας ’ (certificate of medical specialization)
awarded by the ‘ Νοµαρχίες ’ (prefectures);
in Spain:
‘Título de Especialista’ (professional qualification of specialist) awarded
by the Ministry of Education and Science;
in France:
— ‘certificat d'études spéciales de médecine’ (certificate of specialized
studies in medicine) issued by a university faculty of medicine,university joint faculties of medicine and pharmacy or by
universities,
— certificates of qualified medical specialist, drawn up by the Council
of the Ordre des médecins,
— le ‘certificat d'études spéciales de médecine’ (certificate ofspecilized
studies in medicine) issued by a university faculty of medicine,university joint faculties of medicine and pharmacy or equivalent
certificates drawn up under a decree of the Minister for Education,
— ‘diplôme d'études spécialisées de médecine délivré par les
universités’ (diploma of specialized studies in medicine awardedby a university);
in Ireland:
certificate of specialist doctor issued by the competent authority
recognized for this purpose by the Minister of Health;
in Italy:
‘diploma di medico specialista, rilasciati dal rettore di una universita’
(diploma of specialized doctor, granted by a rector of a university);
in Luxembourg:
‘certificat de médecin spécialiste’ (certificate of specialist doctor) issued
by the Minister for Public Health on the advice of the medical college;
in the Netherlands:
— ‘Getuigschrift van erkenning en inschrijving in het Specialistenreg-
ister’ (certificate of recognition and registration in the Register ofSpecialists, issued by the ‘Specialisten-Registratiecommissie (SRC)’
(Commission for the Registration of Specialists (CRS)),
— ‘Getuigschrift van erkenning en inschrijving in het Register von
Sociaal-Geneeskundigen’ (certificate of approval and registrationissued by the ‘Sociaal-Geneeskundigen Registratie-Commissie(SGRC)’ (Board of Registration of Doctors of Social Medicine);
in Portugal:
‘Grau de Assistente’ (assistant grade), awarded by the competent
authorities of the Ministry of Health, or ‘Título de Especialista’
(professional qualification of specialist) awarded by the professional
association for medical practitioners;
in the United Kingdom:
certificate of completion of specialist trainingissued by the competent
authority recognized for this purpose;
in Austria:
‘Facharztdiplom’ (diploma of medical specialist) issued by the
competent authority;
in Finland:
‘todistus erikoislääkärin tutkinnosta — betygöver specialläkarexamen’
(certificate of the degree of specialist in medicine) issued by thecompetent authorities;1993L0016 — EN — 05.10.1998 — 004.001 — 8
▼A1
▼A1
in Sweden:
‘bevis om specialistkompetens som läkare utfärdat av Socialstyrelsen’
(certificate of the right to usethe title of specialist) issued by theNational Board of Health and Welfare.
3. The titles currently used in the Member States which correspond to
the specialized trainingcourses in question are as follows:
—anaesthetics:
Belgium: anesthésiologie — anesthesiolgie
Denmark: anæsteasiolgiGermany: Anästhesiologie
Greece: αναισθησιολογία
Spain: anestesiología y reanimación
France: anesthésiologie-réanimation chirurgicale
Ireland: anaestheticsItaly: anestesia e rianimazione
Luxembourg: anesthésie-réanimation
Netherlands: anesthesiologie
Portugal: anestesiologia
United Kingdom: anaesthetics
Austria: Anästhesiologie und Intensivmedizin
Finland: anestesiologia — anestesiologiSweden: anestesi och intensivvård,
—general surgery:
Belgium: chirurgie — heelkunde
Denmark: kirurgi eller kirurgiske sygdomme
Germany: Chirurgie
Greece: χειρουργική
Spain: cirugía general y del aparato digestivo
France: chirurgie généraleIreland: general surgery
Italy: chirurgia generale
Luxembourg: chirurgie générale
Netherlands: heelkunde
Portugal: cirurgia geralUnited Kingdom: general surgery
Austria: Chirurgie
Finland: kirurgia — kirurgi
Sweden: kirurgi,
—neurological surgery:
Belgium: neurochirurgie — neurochirurgie
Denmark: neurokirurgi eller kirurgiske nervesygdomme
Germany: Neurochirurgie
Greece: νευροχειρουργική
Spain: neurocirugia1993L0016 — EN — 05.10.1998 — 004.001 — 9
▼B
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▼B
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▼B
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France: neurochirurgie
Ireland: neurological surgery
Italy: neurochirurgia
Luxembourg: neurochirurgie
Netherlands: neurochirurgie
Portugal: neurocirurgiaUnited Kingdom: ►
M3neurosurgery ◄
Austria: Neurochirurgie
Finland: neurokirurgia — neurokirurgi
Sweden: neurokirurgi,
—obstetrics and gynaecology:
Belgium: gynécologie-obstétrique — gynecologie-verlos-
kunde
Denmark: gynækologi og obstetrik eller kvindesygdomme
ogfødselshjæelp
Germany: Frauenheilkunde und GeburtshilfeGreece: µαιευτική -γυναικολογία
Spain: obstetricia y ginecología
France: gynécologie-obstétrique
Ireland: obstetrics and gynaecology
Italy: ostetricia e ginecologia
Luxembourg: gynécologie-obstétrique
Netherlands: verloskunde en gynaecologiePortugal: ginecologia e obstetricia
United Kingdom: obstetrics and gynaecology
Austria: Frauenheilkunde und Geburtshilfe
Finland: naistentaudit ja synnytykset — kvinnosjukdomar
och förlossningar
Sweden: obstetrik och gynekologi,
—general (internal) medicine:
Belgium: médecine interne — inwendige geneeskunde
Denmark: intern medicin eller medicinske sygdomme
Germany: Innere Medizin
Greece: παθολογία
Spain: medicina interna
France: médecine interne
Ireland: general (internal) medicineItaly: medicina interna
Luxembourg: maladies internes
Netherlands: inwendige geneeskunde
Portugal: medicina interna
United Kingdom: ►
M3general (internal) medicine ◄
Austria: Innere Medizin
Finland: sisätaudit — inremedicin1993L0016 — EN — 05.10.1998 — 004.001 — 10
▼A1
▼B
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Sweden: internmedicin,
—ophthalmology:
Belgium: ophtalmologie — oftalmologie
Denmark: oftalmologie eller øjensygdomme
Deutschland: Augenheilkunde
Griechenland: οφθαλµολογία
Spanien: oftalmología
Frankreich: ophtalmologie
Ireland: ophtalmology
Italy: oculistica
Luxembourg: ophtalmologieNetherlands: oogheelkunde
Portugal: oftalmologia
United Kingdom: opthalmology
Austria: Augenheilkunde und Optometrie
Finland: silmätaudit — ögonsjukdomar
Sweden: ögonsjukdomar (oftalmologi),
—oto rhino laryngology:
Belgium: oto-rhino-laryngologie — otorhinolaryngologie
Denmark: oto-rhino-laryngologi eller øre-næse-halssyg-
domme
Germany: Hals-Nasen-Ohrenheilkunde
Greece: ωτορινολαρυγγολογία
Spain: otorrinolaringología
France: oto-rhino-laryngologie
Ireland: otolaryngology
Italy: otorinolaringoiatria
Luxembourg: oto-rhino-laryngologieNetherlands: keel-, neus- en oorheelkunde
Portugal: otorrinolaringologia
United Kingdom: otolaryngology
Austria: Hals-, Nasen- und Ohrenkrankheiten
Finland: korva-, nenä- ja kurkkutaudit — öron-, näs- och
strupsjukdomar
Sweden: öron-, näs- och halssjukdomar (oto-rhino-laryn-
gologi),
—paediatrics:
Belgium: pédiatrie — kindergeneeskunde
Denmark: pædiatri eller børnesygdomme
Germany: Kinderheilkunde
Greece: παιδιατρική
Spain: pediatría sus áreas específicas
France: pédiatrie1993L0016 — EN — 05.10.1998 — 004.001 — 11
▼B
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▼B
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▼B
▼B
Ireland: paediatrics
Italy: pediatria
Luxembourg: pédiatrie
Netherlands: kindergeneeskunde
Portugal: pediatria
United Kingdom: paediatrics
Austria: Kinder- und Jugendheilkunde
Finland: lastentaudit — barnsjukdomarSweden: barn- och ungdomsmedicin,
—respiratory medicine:
Belgium: pneumologie — pneumologie
Denmark: medicinske lungesydomme
Germany: Lungen- und Bronchialheilkunde
Greece: φυµατιολογία -πνευµονολογία
Spain: neumologia
France: pneumologie
Ireland: respiratory medicineItaly: tisiologia e malattie dell'apparato respiratorio
Luxembourg: pneumo-phtisiologie
Netherlands: longziekten en tuberculose
Portugal: pneumologia
United Kingdom: respiratory medicine
Austria: Lungenkrankheiten
Finland: keuhkosairaudet — lungsjukdomarSweden: lungsjukdomar (pneumonologi),
—urology
Belgium: urologie — urologie
Denmark: urologi eller urinvejenes kirurgiske sygdomme
Germany: Urologie
Greece: ουρολογία
Spain: urología
France: chirurgie urologique
Ireland: urologyItaly: urologia
Luxembourg: urologie
Netherlands: urologie
Portugal: urologia
United Kingdom: urology
Austria: Urologie
Finland: urologia — urologi1993L0016 — EN — 05.10.1998 — 004.001 — 12
▼A1
▼B
▼A1
▼B
▼A1
▼A1
Sweden: urologi,
—orthopaedics:
Belgium: orthopédie — orthopedie
Denmark: ortopædisk kirurgi
Germany: Orthopädie
Greece: ορθοπεδική
Spain: traumatología y cirugía ortopédica
France: chirurgie orthopédique et traumatologie
Ireland: orthopaedic surgery
Italy: ortopedia e traumatologia
Luxembourg: orthopédieNetherlands: orthopedie
Portugal: ortopedia
United Kingdom: ►
M3trauma and orthopaedic surgery ◄
Austria: Orthopädie und Orthopädische Chirurgie
Finland: ortopedia ja traumatologia — ortopedi och
traumatologi
Sweden: ortopedi,
—pathological anatomy:
Belgium: anatomie pathologique — pathologische
anatomie
Denmark: patologisk anatomi og histologi eller vævsunder-
søgelse
Germany: PathologieGreece: παθολογικήανατοµική
Spain: anatomía patológica
France: anatomie et cytologie pathologique
Ireland: morbid anatomy and histopathology
Italy: anatomia patologicaLuxembourg: anatomie pathologique
Netherlands: pathologische anatomie
Portugal: anatomia patológica
United Kingdom: ►
M3histopathology ◄
Austria: Pathologie
Finland: patologia — patologi
Sweden: klinisk patologi,
—neurology:
Belgium: neurologie — neurologie
Denmark: neuromedicin eller medicinske nervesygdomme
Germany: Neurologie
Greece: νευρολογία
Spain: neurologia
France: neurologie1993L0016 — EN — 05.10.1998 — 004.001 — 13
▼B
▼A1
▼B
▼A1
▼B
▼B
Ireland: neurology
Italy: neurologia
Luxembourg: neurologie
Netherlands: neurologie
Portugal: neurologia
United Kingdom: neurology
Austria: Neurologie
Finland: neurologia — neurologiSweden: neurologi,
—psychiatry:
Belgium: psychiatrie — psychiatrie
Denmark: psykiatri
Germany: Psychiatrie
Greece: ψυχιατρική
Spain: psiquiatríaFrance: psychiatrie
Ireland: psychiatry
Italy: psichiatria
Luxembourg: psychiatrie
Netherlands: psychiatriePortugal: psiquiatria
United Kingdom: ►
M3general psychiatry ◄
Austria: Psychiatrie
Finland: psykiatria — psykiatri
Sweden: psykiatri.
4. The list of designations in paragraph 3 shall be amended in
accordance with the procedure laid down in Article 44a (2).
CHAPTER III
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMAL QUALIFICATIONS IN SPECIALIZED MEDICINE
PECULIAR TO TWO OR MORE MEMBER STATES
Article 6
Each Member State with provisions on this matter laid down by law,
regulation or administrative action shall recognize the diplomas,
certificates and other evidence of formal qualifications in specializedmedicine awarded tonationals of Member States by the other MemberStates in accordance with Articles 24, 25, 27 and 29 and which are listedin Article 7, by giving such qualifications the same effect in its territoryas those which the Member State itself awards.
Article 7
1. The diplomas, certificates and other evidence of formal qualifica-
tions referred to in Article 6 shall be those which, havingbeen awardedby the competent authorities or bodies listed in Article 5 (2), correspondfor the purposes of the specialized trainingin question to the1993L0016 — EN — 05.10.1998 — 004.001 — 14
▼A1
▼B
▼A1
▼M1
▼B
▼B
designations listed in paragraph 2 of this Article in respect of those
Member States which give such training.
2. The designations currently used in the Member States which
correspond to the specialist trainingcourses in question are as follows:
—clinical biology:
Belgium: biologie clinique — klinische biologie
Spain: análisis clínicos
France: biologie médicale
Italy: patologia diagnostica di laboratorioPortugal: patologia clínica
Austria: Medizinische Biologie
Luxembourg: biologie clinique,
—biological haematology:
Denmark: klinisk blodtypeserologi
France: hématologie
Luxembourg: hématologie biologiquePortugal: hematologia clínica
Finland: hematologiset laboratoriotutkimukseth — emato-
logiska laboratorieundersökningar,
—microbiology-bacteriology:
Denmark: klinisk mikrobiologi
Germany: Mikrobiologie und InfektionsepidemiologieGreece: µικροβιολογία
Spain: microbiología y parasitología
Ireland: microbiology
Italy: microbiologia
Luxembourg: microbiologie
Netherlands: medische microbiologie
United Kingdom: ►
M3medical microbiology and virology ◄
Austria: Hygiene und Mikrobiologie
Finland: kliininen mikrobiologia — klinisk mikrobiologiSweden: klinisk bakteriologi,
—biological chemistry:
Denmark: klinisk kemi
Spain: bioquímica clínica
Ireland: chemical pathology
Luxembourg: chimie biologique
Netherlands: klinische chemie
United Kingdom: chemical pathology
Austria: Medizinische und Chemische Labordiagnostik
Finland: kliininen kemia — klinisk kemi1993L0016 — EN — 05.10.1998 — 004.001 — 15
▼A1
▼M3
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
Sweden: klinisk kemi,
—immunology:
Spain: inmunología
Ireland: clinical immunology
United Kingdom: immunology
Austria: Immunologie
Finland: immunologia — immunologi
Sweden: klinisk immunologi,
—plastic surgery:
Belgium: chirurgie plastique — plastische heelkunde
Denmark: plastikkirurgi
Greece: πλαστικήχειρουργική
Spain: cirurgía plástica y reparadora
France: chirurgie plastique, reconstructrice et esthétique
Ireland: plastic surgeryItaly: chirurgia plastica
Luxembourg: chirurgie plastique
Netherlands: plastische chirurgie
Portugal: cirurgia plástica e reconstrutiva
United Kingdom: plastic surgery
Austria: Plastische Chirurgie
Finland: plastiikkakirurgia — plastikkirurgiSweden: plastikkirurgi,
—thoracic surgery:
Belgium: chirurgie thoracique — heelkunde op de thorax
Denmark: thoraxkirurgi eller brysthulens kirurgiske
sygdomme
Greece: χειρουργικήθώρακος
Spain: cirurgía torácica
France: chirurgie thoracique et cardio-vasculaire
Ireland: thoracic surgery
Italy: chirurgia toracica
Luxembourg: chirurgie thoraciqueNetherlands: cardio-pulmonale chirurgie
Portugal: cirurgia cárdio-torácica
United Kingdom: ►
M3cardio-thoracic surgery ◄
Finland: thorax- ja verisuonikirurgia — thorax- och
kärlkirurgiafi1993L0016 — EN — 05.10.1998 — 004.001 — 16
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
Sweden: thoraxkirurgi,
—paediatric surgery:
Greece: χειρουργικήπαίδων
Spain: cirurgía pediátricaFrance: chirurgie infantile
Ireland: paediatric surgery
Italy: chirurgia pediatrica
Luxembourg: chirurgie pédiatrique
Portugal: cirurgia pediátrica
United Kingdom: paediatric surgery
Austria: Kinderchirurgie
Finland: lastenkirurgia — barnkirurgi
Sweden: barn- och ungdomskirurgi,
—vascular surgery:
Belgium: chirurgie des vaisseaux — bloedvatenheelkunde
Spain: angiología y cirugía vascular
France: chirurgie vasculaire
Italy: chirurgia vascolareLuxembourg: chirurgie cardio-vasculaire
Portugal: cirurgia vascular
Greece: Αγγειοχειρουργική,
—cardiology:
Belgium: cardiologie — cardiologie
Denmark: cardiologi eller hjerte-og-kredsløbssygdommeGreece: καρδιολογία
Spain: cardiología
France: pathologie cardio-vasculaire
Ireland: cardiology
Italy: cardiologia
Luxembourg: cardiologie et angiologie
Nederland: cardiologiePortugal: cardiologia
United Kingdom: ►
M3cardiology ◄
Finland: kardiologia — kardiologi
Sweden: kardiologi,
—gastro-enterology:
Belgium: gastro-entérologie — gastro-enterologie
Denmark: medicinsk gastroenterologi eller medicinske
mave-tarmsygdomme
Greece: γαστρεντερολογία
Spain: aparato digestivo1993L0016 — EN — 05.10.1998 — 004.001 — 17
▼B
▼A1
▼B
▼M3
▼B
▼A1
▼B
▼B
France: gastro-entérologie et hépatologie
Ireland: gastro-enterology
Italy: malattie dell'apparato digerente, della nutrizione
e del ricambio
Luxembourg: gastro-entérologie
Netherlands: gastro-enterologie
Portugal: gastrenterologia
United Kingdom: gastro-enterology
Finland: gastroenterologia — gastroenterologi
Sweden: medicinsk gastro-enterologi och hepatologi,
—rheumatology:
Belgium: rhumatologie — reumatologie
Denmark: reumatologi
Greece: ρευµατολογία
Spain: reumatología
France: rhumatologieIreland: rheumatology
Italy: reumatologia
Luxembourg: rhumatologie
Netherlands: reumatologie
Portugal: reumatologiaUnited Kingdom: rheumatology
Finland: reumatologia — reumatologi
Sweden: reumatologi,
—general haematology:
Greece: αιµατολογία
Spain: hematología hemoterapia
Ireland: haematology
Italy: ematologia
Luxembourg: hématologiePortugal: imuno-hemoterapia
United Kingdom: haematology
Finland: kliininen hematologia — klinisk hematologi
Sweden: hematologi,
—endocrinology:
Greece: ενδοκρινολογία
Spain: endocrinología y nutrición
France: endocrinologie - maladies
Ireland: endocrinology and diabetes mellitusItaly: endocrinologia
Luxembourg: endocrinologie, maladies du métabolisme et de la
nutrition1993L0016 — EN — 05.10.1998 — 004.001 — 18
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
Portugal: endocrinologia-nutrição
United Kingdom: endocrinology and diabetes mellitus
Finland: endokrinologia — endokrinologi
Sweden: endokrinologi,
—physiotherapy:
Belgium: médecine physique — fysische geneeskunde
Denmark: fysiurgi og rehabilitering
Greece: φυσικήιατρικήκαιαποκατάσταση
Spain: rehabilitación
France: rééducation et réadaptation fonctionnelles
Italy: fisioterapia
Netherlands: revalidatie
Luxembourg: rééducation et réadaptation fonctionnelles
Portugal: fisiatria
Austria: Physikalische Medizin
Finland: fysiatria — fysiatri
Sweden: rehabiliteringsmedicin,
—stomatology:
Spain: estomatología
France: stomatologie
Italy: odontostomatologia
Luxembourg: stomatologie
Portugal: estomatologia,
—neuro-psychiatry:
Belgium: neuropsychiatrie — neuropsychiatrie
Germany: Nervenheilkunde (Neurologie und Psychiatrie)
Greece: νευρολογία —ψυχιατρική
France: neuropsychiatrie
Italy: neuropsichiatria
Luxembourg: neuropsychiatrie
Netherlands: zenuw - en zielsziekten,
—dermato-venereology:
Belgium: dermato-vénéréologie — dermato-venereologie
Denmark: dermato-venerologie eller hud- og koønssyg-
domme
Germany: Dermatologie und VenerologieGreece: δερµατολογία -αφροδισιολογία
Spain: dermatología médico-quirúrgica y venereología
France: dermatologie et vénéréologie
Italy: dermatologia e venerologia
Luxembourg: dermato-vénéréologie
Netherlands: dermatologie en venerologie
Portugal: dermatovenereologia1993L0016 — EN — 05.10.1998 — 004.001 — 19
▼A1
▼B
▼A1
▼B
▼A1
Austria: Haut- und Geschlechtskrankheiten
Finland: iho- ja sukupuolitaudit — hud- och könssjuk-
domar
Sweden: hud- och könssjukdomar,
—dermatology:
Ireland: dermatology
United Kingdom: dermatology,
—venereology:
Ireland: venereology
United Kingdom: ►M3genito-urinary medicine ◄,
—radiology:
Germany: Radiologie
Greece: ακτινολογία —ραδιολογία
Spain: electrorradiologíaFrance: électro-radiologie
Italy: radiologia
Luxembourg: électroradiologie
Netherlands: radiologie
Portugal: radiologia,
—diagnostic radiology:
Belgium: radiodiagnostic — röntgendiagnose
Denmark: diagnostisk radiologi eller - røntgenundersøgelse
Germany: Radiologische Diagnostik
Greece: ακτινοδιαγνωστική
Spain: radiodiagnóstico
France: radiodiagnostic et imagerie médicale
Ireland: diagnostic radiology
Luxembourg: radiodiagnostic
Netherlands: radiodiagnostiekPortugal: radiodiagnóstico
United Kingdom: ►
M3clinical radiology ◄
Austria: Medizinische Radiologie-Diagnostik
Finland: radiologia — radiologi
Sweden: medicinsk radiologi,
—radiotherapy:
Belgium: radio- et radiumthérapie — radio- en radiumther-
apie
Denmark: terapeutisk radiologi eller stralebehandlingGermany: Strahlentherapie
Greece: ►
M3Ακτινοθεραπευτική —Ογκολογία ◄
Spain: oncología radioterápica
France: oncologie, option radiothérapie
Ireland: radiotherapy1993L0016 — EN — 05.10.1998 — 004.001 — 20
▼B
▼A1
▼B
▼B
Luxembourg: radiothérapie
Netherlands: radiotherapie
Portugal: radioterapia
United Kingdom: ►M3clinical oncology ◄
Austria: Strahlentherapie — Radio-onkologie
Finland: syöpätaudit ja sädehoito — cancersjukdomar och
radioterapi
Sweden: onkologi,
—tropical medicine:
Denmark: tropemedicin
Ireland: tropical medicine
Italy: medicina tropicale
Portugal: medicina tropical
United Kingdom: tropical medicine,
—child psychiatry:
Denmark: børnepsykiatri
Germany: Kinder- und Jugendpsychiatrie
Greece: παιδοψυχιατρική
France: pédo-psychiatrie
Ireland: child and adolescent psychiatryItaly: neuropsichiatria infantile
Luxembourg: psychiatrie infantile
Portugal: pedopsiquiatria
United Kingdom: child and adolescent psychiatry
Finland: lasten psykiatria — barnspsykiatri
Sweden: barn- och ungdomspsykiatri
—geriatrics:
Spain: geriatría
Ireland: geriatrics
Netherlands: klinische geriatrie
United Kingdom: ►
M3geriatric medicine ◄
Finland: geriatria — geriatri
Sweden: geriatrik,
—renal diseases:
Denmark: nefrologi eller medicinske nyresygdomme
Greece: νεφρολογία
Spain: nefrología
France: néphrologie
Ireland: nephrologyItaly: nefrologia
Luxembourg: néphrologie1993L0016 — EN — 05.10.1998 — 004.001 — 21
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
Portugal: nefrologia
United Kingdom: ►M3renal medicine ◄
Finland: nefrologia — nefrologi
Sweden: medicinska njursjukdomar (nefrologi),
—communicable diseases:
Ireland: communicable diseases
Italy: malattie infettive
United Kingdom: ►M3infectious diseases ◄
Finland: infektiosairaudet — infektionssjukdomar
Sweden: infektionssjukdomar,
—community medicine
France: santé publique et médecine sociale
Ireland: community medicineUnited Kingdom: ►
M3public health medicine ◄
Austria: Sozialmedizin
Finland: terveydenhuolto — hälsovård
Sweden: socialmedicin
Greece: ΚοινωνικήΙατρική,
—pharmacology:
Germany: Pharmakologie
Spain: farmacología clínica
Ireland: clinical pharmacology and therapeutics
United Kingdom: clinical pharmacology and therapeutics
Austria: Pharmakologie und Toxikologie
Finland: kliininen farmakologia — klinisk farmakologi
Sweden: klinisk farmakologi,
—occupational medicine:
Denmark: samfundsmedicin/arbejdsmedicin
Germany: ArbeitsmedizinGreece: ιατρικήτηςεργασίας
France: médecine du travail
Italy: medicina del lavoro
Ireland: occupational medicine
Netherlands: ►
M2arbeid en gezondheid ◄
Portugal: medicina do trabalho
United Kingdom: occupational medicine1993L0016 — EN — 05.10.1998 — 004.001 — 22
▼A1
▼B
▼A1
▼B
▼A1
▼M2
▼M3
▼B
▼A1
▼B
▼A1
Austria: Arbeits- und Betriebsmedizin
Finland: työterveyshuolto — företagshälsovård
Sweden: yrkes- och miljömedicin
Belgium: médecine du travail — arbeidsgeneeskunde
Luxembourg: médecine du travail,
—allergology:
Greece: αλλεργιολογία
Spain: alergologia
Italy: allergologia ed immunoligia clinica
Netherlands: allergologie
Portugal: imunoalergologia
Finland: allergologia — allergologi
Sweden: allergisjukdomar,
—gastro-enterological surgery:
Belgium: chirurgie abdominale — heelkunde op het
abdomen
Denmark: kirurgisk gastroenterologi eller kirurgiske mave-
tarmsygdomme
Spain: cirugía del aparato digestivo
France: chirurgie viscérale
Italy: chirurgia dell'apparato digerente
Finland: gastroenterologia — gastroenterologi
Luxembourg: chirurgie gastro-entérologique,
—nuclear medicine:
Belgium: médecine nucléaire — nucleaire geneeskunde
Germany: Nuklearmedizin
Greece: πυρηνικήιατρική
Spain: medicina nuclear
Frankreich: médecine nucléaireItaly: medicina nucleare
Netherlands: nucleaire geneeskunde
Portugal: medicina nuclear
United Kingdom: nuclear medicine
Austria: Nuklearmedizin
Finland: isotooppitutkimukset — isotopundersökningar
Luxembourg: médecine nucléaire,
—maxillo-facial surgery (basic medical training):
Spain: cirugía oral y maxilofacial1993L0016 — EN — 05.10.1998 — 004.001 — 23
▼M2
▼B
▼A1
▼B
▼A1
▼M3
▼B
▼A1
▼M3
▼B
▼B
France: chirurgie maxillo-faciale et stomatologie
Italy: chirurgia maxillo-facciale
Luxembourg: chirurgie maxillo-faciale,
—dental, oral and maxillo-facial surgery (basic medical and dental
training):
Belgium: stomatologie/chirurgieoraleetmaxillo-faciale;—
stomatologie/orale en maxillo-faciale chirurgie
Germany: Zahn-, Mund-, Kiefer- und Gesichtschirurgie
Ireland: oral and maxillo-facial surgery
United Kingdom: oral and maxillo-facial surgery
Finland: leukakirurgia — käkkirurgi
Luxembourg: chirurgie dentaire, orale maxillo-faciale,
—accident and emergency medicine
Ireland: accident and emergency medicine
United Kingdom: accident and emergency medicine;
—clinical neurophysiology
Denmark: klinisk neurofysiology
Spain: neurofisiologia clinica
Ireland: neurophysiology
Sweden: klinisk neurofysiologi
United Kingdom: clinical neurophysiology
3. The list of designations in paragraph 2 shall be amended in
accordance with the procedure laid down in Article 44a (2).
Article 8
1. Nationals of Member States wishingto acquire one of the
diplomas, certificates or other evidence of formal qualifications ofspecialist doctors not referred to in Articles 4 and 6, or which, although
referred to in Article 6, are not awarded in the Member State of origin or
the Member State from which the foreign national comes, may berequired by a host Member State to fulfil the conditions of traininglaiddown in respect of the speciality by its own law, regulation oradministrative action.
2. The host Member State shall, however, take into account, in whole
or in part, the trainingperiods completed by the nationals referred to inparagraph 1 and attested by the award of a diploma, certificate or otherevidence of formal trainingby the competent authorities of the Member
State of origin or the Member State from which the foreign national
comes provided such trainingperiods correspond to those required in thehost Member State for the specialized trainingin question.
3. The competent authorities or bodies of the host Member State,
havingverified the content and duration of the specialist trainingof theperson concerned on the basis of the diplomas, certificates and otherevidence of formal qualifications submitted, shall inform him of theperiod of additional trainingrequired and of the fields to be covered byit.1993L0016 — EN — 05.10.1998 — 004.001 — 24
▼M3
▼B
▼A1
▼M3
▼M1
▼B
▼B
CHAPTER IV
EXISTING CIRCUMSTANCES
Article 9
1. Without prejudice to paragraph 3, in the case of nationals of
Member States whose diplomas, certificates and other evidence offormal qualifications in medicine do not satisfy all the minimum training
requirements laid down in Article 23, each Member State shall
recognize, as being sufficient proof, the diplomas, certificates and otherevidence of formal qualifications in medicine awarded by those MemberStates when they attest to trainingwhich commenced before:
— 1 January 1986 for Spain and Portugal,
— 1 January 1981 for Greece,— 20 December 1976 for the other Member States,
— the date of accession for Austria, Finland and Sweden,
accompanied by a certificate statingthat those nationals have effectively
and lawfully been engaged in the activities in question for at least threeconsecutive years duringthe five years prior to the date of issue of thecertificate.
2. Without prejudice to paragraph 4, in the case of nationals of
Member States whose diplomas, certificates and other evidence offormal qualifications in specialized medicine do not satisfy theminimum trainingrequirements pursuant to Articles 24 to 27, eachMember State shall recognize, as sufficient proof, the diplomas,certificates and other evidence of formal qualifications in specialized
medicine awarded by those Member States when they attest to training
which commenced before:
— 1 January 1986 for Spain and Portugal,
— 1 January 1981 for Greece,— 20 December 1976 for the other Member States,
— the date of accession for Austria, Finland and Sweden.
The host Member State may require that the diplomas, certificates and
other evidence of formal qualifications in specialized medicine be
accompanied by a certificate issued by the competent authorities or
bodies of the Member State of origin or in the Member State from whichthey come, statingthat the holders have, in specialized medicine, beenengaged in activities in question for a period equivalent to twice thedifference between the period of specialized trainingof the Member
State of origin or of the Member State from which they come, and the
minimum requirements regarding the duration of training laid down inTitle III, where these periods are not equal to the minimum trainingperiods laid down in Articles 26 and 27.
However, if, before the dates given in the first subparagraph, the host
Member State required a minimum trainingperiod less than the one at
issue referred to in Articles 26 and 27, the difference mentioned in thesecond subparagraph can only be determined by reference to theminimum trainingperiod laid down by that State.
3. In the case of nationals of Member States whose diplomas,
certificates and other evidence offormal qualifications in medicine attestto trainingreceived on the territory of the former German DemocraticRepublic which does not satisfy all the minimum trainingrequirementslaid down in Article 23, Member States other than Germany shallrecognize those diplomas, certificates and other evidence of formal
qualifications as beingsufficient proof if:
— they attest to trainingcommenced before German unification,1993L0016 — EN — 05.10.1998 — 004.001 — 25
▼A1
▼B
▼A1
▼B
▼B
— they entitle the holder to pursue the activities of a doctor throughout
the teritory of Germany under the same conditions as thequalifications awarded by the competent German authorities and
referred to in points 1 and 2 of Article 3 (c),
— they are accompanied by a certificate issued by the competent
German authorities statingthat those nationals have effectively andlawfully been engaged in the activities in question in Germany for atleast three consecutive years duringthe five years prior to the date ofissue of the certificate.
4. In the case of nationals of Member States whose diplomas,
certificates and other evidence of formal qualifications in specialized
medicine attest to trainingreceived on the territory of the former
German Democratic Republic which does not satisfy the minimumtrainingrequirements laid down in Articles 24 to 27, Member Statesother than Germany shall recognize those diplomas, certificates andother evidence of formal qualifications as beingsufficient proof if:
— they attest to trainingcommenced before 3 April 1992, and
— they permit the pursuit, as a specialist, of the activity in question
throughout the territory of Germany under the same conditions as thequalifications awarded by the competent German authorities andreferred to in Articles 5 and 7.
They may, however, require that these diplomas, certificates or other
evidence of formal qualifications be accompanied by a certificate issued
by the competent German authorities or bodies statingthat the holders
have, as specialists, been engaged in the acitivity in question for a periodequivalent to twice the difference between the period of specializedtrainingreceived on German territory and the minimum duration oftraininglaid down in Title III where they do not satisfy the minimum
requirements regarding the duration of training laid down in Articles 26
and 27.
5. In the case of nationals of the Member States whose diplomas,
certificates and other evidence of formal qualifications in medicine or inspecialized medicine do not conform with the qualifications ordesignations set out in Article 3, 5 or 7, each Member State shallrecognize as being sufficient proof the diplomas, certificates and other
evidence of formal qualifications awarded by those Member States,
accompanied by a certificate issued by the competent authorities orbodies. The certificate shall state that these diplomas, certificates andother evidence of formal qualifications in medicine or in specializedmedicine were awarded followingtrainingin accordance with the
provisons of Title III referred to, as appropriate, in Article 2, 4 or 6, and
are treated by the Member State which awarded them as thequalifications or designations set out, as appropriate, in Article 3, 5 or 7.
6. Those Member States which have repealed the provisions laid
down by law, regulation or administrative action relating to the award ofdiplomas, certificates and other evidence of formal qualifications in
neuro-psychiatry, radiology, thoracic surgery, vascular surgery, gastro-
enterological surgery, biological haematology, physiotherapy or tropicalmedicine and have taken measures relatingto acquired rig hts on behalfof their own nationals, shall recognize the right of nationals of theMember States to benefit from those same measures, provided theirdiplomas, certificates and other evidence of formal qualifications in
neuro-psychiatry, radiology, thoracic surgery, vascular surgery, gastro-
enterological surgery, biological haematology, physiotherapy or tropicalmedicine fulfil the relevant conditions set out either in paragraph 2 ofthis Article or in Articles 24, 25 and 27 and in so far as the saiddiplomas, certificates and other evidence of formal qualifications wereawarded before the date on which the host Member States stopped
awardingsuch diplomas, certificates and other evidence of formal
qualification in the specialization concerned.
7. The dates on which the Member States concerned repealed the
provisions laid down by law, regulation or administrative action inrespect of the diplomas, certificates and other evidence of formalqualifications referred to in paragraph 6 are set out in Annex II.1993L0016 — EN — 05.10.1998 — 004.001 — 26
▼B
CHAPTER V
USE OF ACADEMIC TITLE
Article 10
1. Without prejudice to Article 19, host Member States shall ensure
that the nationals of Member States who fulfil the conditions laid down
in Articles 2,4, 6 and 9 have the right to use the lawful academic title or,
where appropriate, the abbreviation thereof, of their Member State oforigin or of the Member State from which they come, in the languagesof that State. Host Member States may require this title to be followedby the name and location of the establishment or examiningboard whichawarded 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 requiringin that State additional
trainingwhich the person concerned has not underg one, the hostMember State may require such a person to use the title employed in theMember State of origin or the Member State from which he comes in asuitable form to be drawn up by the host Member State.
CHAPTER VI
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE
OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TOPROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF
DOCTORS
A. Provisions specifically relating to the right of establishment
Article 11
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 activityof a doctor shall accept as sufficient evidence, in respect of nationals of
other Member States, a certificate issued by a competent authority in the
Member State of origin or in the Member State from which the foreignnational comes, attestingthat the requirements of the Member State as togood character or good repute for taking up the activity in question havebeen met.
2. Where the Member State of origin or the Member State from
which the foreign national comes does not require proof of goodcharacter or good repute of persons wishing to take up the activity in
question for the first time, the host Member State may require of
nationals of the Member State of origin or of the Member State fromwhich the foreign national comes an extract from the judicial record or,failingthis, an equivalent document issued by a competent authority inthe Member State of origin or the Member State from which the foreignnational comes.
3. If the host Member State has detailed knowledge of a serious
matter which has occurred, prior to the establishment of the person
concerned in that State, outside its territory and which is likely to affect
the takingup within its territory of the activity concerned, it may informthe Member State of origin or the Member State from which the foreignnational comes.
The Member State of origin or the Member State from which the foreign
national comes shall verify the accuracy of the facts. Its authorities shalldecide on the nature and extent of the investigation to be made and shallinform the host Member State of any consequential action which they
take with regard to the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information
which is forwarded.1993L0016 — EN — 05.10.1998 — 004.001 — 27
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Article 12
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 of criminal offences and relatingto the pursuit of any of the
activities of a doctor, the Member State of origin or the Member State
from which the foreign national comes shall forward to the host MemberState all necessary information regarding measures or disciplinary actionof a professional or administrative nature taken in respect of the personconcerned or criminal penalties imposed on him when pursuinghisprofession 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 has occurred, prior to the establishment of the personconcerned in that State, outside its territory and which is likely to affect
the pursuit within its territory of the activity concerned, it may inform
the Member State of origin or the Member State from which the foreignnational comes.
The Member State of origin or the Member State from which the foreign
national comes shall verify the accuracy of the facts. Its authorities shall
decide on the nature and extent of the investigation to be made and shallinform the host Member State of any consequential action which theytake with regard to the information which they have forwarded inaccordance with paragraph 1.
3. Member States shall ensure the confidentiality of the information
which is forwarded.
Article 13
Where a host Member State requires of its own nationals wishingto take
up or pursue any activity of a doctor, a certificate of physical or mentalhealth, that State shall accept as sufficient evidence thereof thepresentation of the document required in the Member State of originor 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 natureon those wishingto take up or pursue the activity in question, the hostMember State shall accept from such national a certificate issued by a
competent authority in that State correspondingto the certificates issued
in the host Member State.
Article 14
Documents issued in accordance with Articles 11, 12 and 13 may not be
presented more than three months after their date of issue.
Article 15
1. The procedure for authorizingthe person concerned to take up any
activity of a doctor, pursuant to Articles 11, 12 and 13, must becompleted as soon as possible and not later than three months afterpresentation of all the documents relatingto such person, withoutprejudice to delay resultingfrom any appeal that may be made upon thetermination of this procedure.
2. In the cases referred to in Articles 11 (3) and 12 (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.
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 1.1993L0016 — EN — 05.10.1998 — 004.001 — 28
▼B
Article 16
Where a host Member State requires its own nationals wishingto take
up or pursue one of the activities of a doctor to take an oath or make asolemn declaration and where the form of such an oath or declaration
cannot be used by nationals of other Member States, that Member State
shall ensure that an appropriate and equivalent form of oath ordeclaration is offered to the person concerned.
B. Special provisions relating to the provision of services
Article 17
1. Where a Member State requires of its own nationals wishingto
take up or pursue any activity of a doctor, an authorization ormembership of, or registration with, a professional organization or body,that Member State shall in the case of the provision of services exemptthe nationals of Member States from that requirement.
The person concerned shall provide services with the same rights and
obligations as the nationals of the host Member State; in particular he
shall be subject to the rules of conduct of a professional oradministrative nature which apply in that Member State.
For this purpose and in addition to the declaration provided for in
paragraph 2 relating to the services to be provided, Member States may,so as to permit the implementation of the provisions relatingtoprofessional conduct in force in their territory, require either automatic
temporary registration or pro forma membership of a professional
organization or body or, as an alternative, registration, provided thatsuch registration or membership does not delay or in any waycomplicate the provision of services or impose any additional costs onthe person providingthe 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 person
concerned is established.
2. The host Member State may require the person concerned to make
a prior declaration to the competent authorities concerningthe provisonof his services where they involve a temporary stay in its territory.
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 containingthe
followingparticulars:
— the declaration referred to in paragraph 2,
— a certificate statingthat the person concerned is lawfully pursuing
the activities in question in the Member State where he isestablished,
— a certificate that the person concerned holds one or other of the
diplomas, certificates or other evidence of formal qualificationappropriate for the provison 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, the right of one of its nationals or of a national ofanother Member State established in its territory to pursue one of theactivities of a doctor, it shall, as appropriate, ensure the temporary orpermanent withdrawal of the certificate referred to in the second indentof paragraph 3.
Article 18
Where registration with a public social security body is required in a
host Member State for the settlement with insurance bodies of accounts1993L0016 — EN — 05.10.1998 — 004.001 — 29
▼B
relatingto services rendered to persons insured under social security
schemes, that Member State shall exempt nationals of Member Statesestablished in another Member State from this requirement, in cases of
provision of services entailingtravel on the part of the person concerned.
However, the persons concerned shall supply information to this body in
advance, or, in urgent cases, subsequently, concerning the servicesprovided.
C. Provisions common to the right of establishment and freedom to
provide services
Article 19
Where in a host Member State the use of the professional title relatingto
one of the activities of a doctor is subject to rules, nationals of other
Member States who fulfil the conditions laid down in Articles 2 and 9(1), (3) and (5) shall use the professional title of the host Member Statewhich, in that State, corresponds to those conditions of qualification andshall use the abbreviated title.
The first paragraph shall also apply to the use of professional titles of
specialist doctors by those who fulfil the conditions laid down inArticles 4, 6 and 9 (2), (4), (5) and (6).
Article 20
1. Member States shall take the necessary measures to enable the
persons concerned to obtain information on the health and socialsecurity laws and, where applicable, on the professional ethics of 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 ofestablishment, the host Member States may require the beneficiaries tocontact 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.
3. Member States shall see to it that, where appropriate, the persons
concerned acquire, in their interest and in that of their patients, thelinguistic knowledge necessary to the exercise of their profession in thehost country.
Article 21
Member States which require their own nationals to complete a
preparatory trainingperiod in order to become elig ible for appointment
as a doctor of a social security scheme may impose the samerequirement on nationals of the other Member States for a period offive years beginning 20 June 1975. The training period may not,however, exceed six months.
Article 22
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 formalqualifications issued in that other Member State and referred to inChapters I to IV of Title II and also confirmation of the fact that theperson concerned has fulfilled all the trainingrequirements laid down inTitle III.1993L0016 — EN — 05.10.1998 — 004.001 — 30
▼B
TITLE III
COORDINATION OF PROVISIONS LAID DOWN BY LAW,
REGULATION OR ADMINISTRATIVE ACTION IN RESPECT
OF ACTIVITIES OF DOCTORS
Article 23
1. The Member States shall require persons wishingto take up and
pursue a medical profession to hold a diploma, certificate or other
evidence of formal qualifications in medicine referred to in Article 3which guarantees that during his complete training period the personconcerned has acquired:
(a) adequate knowledge of the sciences on which medicine is based and
a good understanding of the scientific methods including theprinciples of measuringbiolog ical functions, the evaluation of
scientifically established facts and the analysis of data;
(b) sufficient understandingof the structure, functions and behaviour of
healthy and sick persons, as well as relations between the state ofhealth and physical and social surroundings of the human being;
(c) adequate knowledge of clinical disciplines and practices, providing
him with a coherent picture of mental and physical diseases, ofmedicine from the points of view of prophylaxis, diagnosis andtherapy and of human reproduction;
(d) suitable clinical experience in hospitals under appropriate super-
vision.
2. A complete period of medical trainingof this kind shall comprise
at least a six-year course or 5500 hours of theoretical and practicalinstruction given in a university or under the supervision of a university.
3. In order to be accepted for this training, the candidate must have a
diploma or a certificate which entitles him to be admitted to theuniversities of a Member State for the course of study concerned.
4. In the case of persons who started their trainingbefore 1 January
1972, the trainingreferred to in parag raph 2 may include six months'
full-time practical trainingat university level under the supervision ofthe competent authorities.
5. Nothingin this Directive shall prejudice any facility which may be
granted in accordance with their own rules by Member States in respectof their own territory to authorize holders of diplomas, certificates or
other evidence of formal qualifications which have not been obtained in
a Member State to take up and pursue the activities of a doctor.
Article 24
1. Member States shall ensure that the trainingleadingto a diploma,
certificate or other evidence of formal qualifications in specializedmedicine, meets the followingrequirements at least:
(a) it shall entail the successful completion of six years' study within the
framework of the trainingcourse referred to in Article 23; thetrainingleadingto the award of the diploma, certificate or otherevidence of specialization in dental, oral and maxillo-facial surgery
(basis medical and dental training) also entails the successful
completion of the trainingcourse as a dental practitioner referred toin Article 1 of Council Directive 78/687/EEC of 25 July 1978concerningthe coordination of provisions laid down by law,regulation or administrative action in respect of the activities ofdental practitioners(
1);
(b) it shall comprise theoretical and practical instruction;
(c) it shall be a full-time course supervised by the competent authorities
or bodies pursuant to point 1 of Annex I;1993L0016 — EN — 05.10.1998 — 004.001 — 31
(1) OJ No L 233, 24. 8. 1978, p. 10.
▼B
(d) it shall be in a university centre, in a teachinghospital or, where
appropriate, in a health establishment approved for this purpose bythe competent authorities or bodies;
(e) it shall involve the personal participation of the doctor trainingto be
a specialist in the activity and in the responsibilities of theestablishments concerned.
2. Member States shall make the award of a diploma, certificate or
other evidence of formal qualifications in specialized medicine subjectto the possessionof one of the diplomas, certificates or other evidence offormal qualifications in medicine referred to in Article 23. Issue of thediploma, certificate or other evidence of specialization in dental, oral
and maxillo-facial surgery (basic medical and dental training) is also
subject to possession of one of the diplomas, certificates or otherevidence of qualifications as a dental practitioner referred to in Article 1of Directive 78/687/EEC.
Article 25
1. Without prejudice to the principle of full-time trainingas set out in
Article 24 (1) (c), and until such time as the Council takes decisions inaccordance with paragraph 3, Member States may permit part-timespecialist training, under conditions approved by the competent nationalauthorities, when trainingon a full-time basis would not be practicablefor well-founded individual reasons.
2. Part-time trainingshall be g iven in accordance with point 2 of
Annex I hereto and at a standard qualitatively equivalent to full-timetraining. This standard of training shall not be impaired, either by itspart-time nature or by the practice of private, remunerated professionalactivity.
The total duration of specialized trainingmay not be curtailed in those
cases where it is organized on a part-time basis.
3. The Council shall decide, not later than 25 January 1989, whether
the provisions of paragraphs 1 and 2 are to be maintained or amended, inthe light of a re-examination of the situation and on a proposal by the
Commission, with due regard to the fact that the possibility of part-time
trainingshould continue to exist in certain circumstances to be examinedspecialty by specialty.
Part-time specialist trainingbeg un before 1 January 1983 may be
completed in accordance with the provisions in effect before this date.
Article 26
Member States shall ensure that the minimum length of the specialized
trainingcourses mentioned below may not be less than the following :
First group (five years):— general surgery
— neuro-surgery— internal medicine— urology
— orthopaedics;
Second group (four years):
— gynaecology and obstetrics
— paediatrics— pneumo-phthisiology— pathological anatomy
— neurology
— psychiatry
Third group (three years):
— anaesthesiology and reanimation
— opthhalmology1993L0016 — EN — 05.10.1998 — 004.001 — 32
▼B
— otorhinoloaryngology.
The list of the minimum lengths of the specialized training courses
referred to in this Article shall be amended in accordance with the
procedure laid down in Article 44a (3).
Article 27
Member States which have laid down provisions by law, regulation and
administrative action in this field shall ensure that the minimum lengthof the specialized trainingcourses mentioned below may not be less than
the following:
First group (five years):— plastic surgery
— horacic surgery
— vascular surgery
— neuro-psychiatry— paediatric surgery— gastroenterological surgery— maxillo-facial surgery (basic medical training)
— accident and emergency medicine
Second group (four years):
— cardiology
— gastroenterology— rheumatology— clinical biology— radiology— diagnostic radiology
— radiotherapy
— tropical medicine— pharmacology— child psychiatry— microbiology-bacteriology— occupational medicine— biological chemistry
— immunology
— dermatology— venereology— geriatrics— renal diseases— contagious diseases
— community medicine
— biological haematology— nuclear medicine— dental, oral and maxillo-facial surgery (basic medical and dental
training);
— clinical neurophysiology
Third group (three years):
— general haematology
— endocrinology
— physiotherapy1993L0016 — EN — 05.10.1998 — 004.001 — 33
▼M1
▼B
▼M3
▼B
▼M3
▼B
▼B
— stomatology
— dermato-venereology— allergology.
The list of the minimum lengths of the specialized training courses
referred to in this Article shall be amended in accordance with theprocedure laid down in Article 44a (3).
Article 28
As a transitional measure and notwithstandingArticles 24 (1) (c) and 25,
Member States whose provisions, laid down by law, regulation, or
administrative action, provided for part-time specialist trainingon 20June 1975, may continue to apply these provisions to candidates whohave begun training as specialists not later than 31 December 1983.
Each host Member State shall be authorized to require the beneficiaries
of the first paragraph to produce, in addition to their diplomas,
certificates and other evidence of formal qualifications, an attestationcertifyingthat for at least three consecutive years out of the five yearsprecedingthe issue of the attestation they have in fact been lawfullypractisingas specialists in the field concerned.
Article 29
As a transitional measure and notwithstandingArticle 24 (2):
(a) as regards Luxembourg, and in respect only of the Luxembourg
diplomas covered by the law of 1939 of Luxembourgon theconferringof academic and university deg rees, the issue of acertificate as a specialist shall be conditional simply upon thepossession of the diploma of doctor of medicine, surgery and
obstetrics awarded by the LuxembourgState ExaminingBoard;
(b) as regards Denmark, and in respect only of the Danish diplomas of
medical practitioners required by law awarded by a Danishuniversity faculty of medicine in accordance with the decree of
the Ministry of the Interior of 14 May 1970, the issue of a certificate
as specialist shall be conditional simply upon the possession of theabovementioned diplomas.
The diplomas referred to under (a) and (b) may be awarded to candidates
who began their training before 20 December 1976.
TITLE IV
SPECIFIC TRAINING IN GENERAL MEDICAL PRACTICE
Article 30
Each Member State which dispenses the complete trainingreferred to in
Article 23 within its territory shall institute specific trainingin g eneralmedical practice meetingrequirements at least as string ent as those laid
down in Articles 31 and 32, in such a manner that the first diplomas,
certificates or other evidence of formal qualifications awarded oncompletion of the course are issued not later than 1 January 1990.
Article 31
1. The specific trainingin g eneral medical practice referred to in
Article 30 must meet the followingminimum requirements:
(a) entry shall be conditional upon the successful completion of at least
six years' study within the framework of the trainingcourse referredto in Article 23;
(b) it shall be a full-time course lastingat least two years, and shall be
supervised by the competent authorities or bodies;
(c) it shall be practically rather than theoretically based; the practical
instruction shall be given, on the one hand, for at last six months in1993L0016 — EN — 05.10.1998 — 004.001 — 34
▼M1
▼B
▼B
an approved hospital or clinic with suitable equipment and services
and, onthe other hand, for at least sixmonths in an approved generalmedical practice or in an approved centre where doctors provide
primary care; it shall be carried out in contact with other health
establishments or structures concerned with general medicalpractice; however, without prejudice to the aforesaid minimumperiods, the practical instruction may be given for a maximumperiod of six months in other approved health establishments or
structures concerned with general medical practice;
(d) it shall entail the personal participation of the trainee in the
professional activities and responsibilities of the persons with whomhe works.
2. Member States shall be entitled to defer application of the
provisions of paragraph 1 (c) relating to minimum periods of instructionuntil 1 January 1995 at the latest.
3. Member States shall make the issue of diplomas, certificates, or
other evidence of formal qualifications awarded after specific trainingingeneral medical practice, conditional upon the candidate's holding one
of the diplomas, certificates or other evidence of formal qualifications
referred to in Article 3.
Article 32
If, at 22 September 1986, a Member State was providingtrainingin
general medical practice by means of experience in general medicalpractice acquired by the medical practitioner in his own surgery underthe supervision of an authorized trainingsupervisor, that Member State
may retain this type of trainingon an experimental basis on condition
that:
— it complies with Article 31 (1) (a) and (b), and (3);
— its duration is equal to twice the difference between the period laid
down in Article 31 (1) (b) and the sum of the periods laid down inthe third indent hereof,
— it involves a period in an approved hospital or clinic with suitable
equipment and services and a period in an approved general medical
practice or in an approved centre where doctors provide primarycare; as from 1 January 1995, each of these periods shall be of atleast six months' duration.
Article 33
On the basis of experience acquired, and in the light of developments in
trainingin g eneral medical practice, the Commission shall submit to theCouncil, by 1 January 1996 at the latest, a report on the implementation
of Articles 31 and 32 and suitable proposals in order to achieve further
harmonization of the trainingof g eneral medical practitioners.
The Council shall act on these proposals in accordance with procedures
laid down by the Treaty before 1 January 1997.
Article 34
1. Without prejudice to the principle of full-time traininglaid down
in Article 31 (1) (b), Member States may authorize specific part-time
trainingin g eneral medical practice in addition to full-time training
where the followingparticular conditions are met:
— the total duration of trainingmay not be shortened because it is being
followed on a part-time basis,
— the weekly duration of part-time trainingmay not be less than 60 %
of weekly full-time training,
— part-time trainingmust include a certain number of full-time training
periods, both for the trainingconducted at a hospital or clinic and for
the traininggiven in an approved medical practice or in an approvedcentre where doctors provide primary care. These full-time trainingperiods shall be of sufficient number and duration as to provideadequate preparation for the effective exercise of general medicalpractice.1993L0016 — EN — 05.10.1998 — 004.001 — 35
▼B
2. Part-time trainingmust be of a level of quality equivalent to that of
full-time training. It shall lead to a diploma, certificate or other evidenceof formal qualification, as referred to in Article 30.
Article 35
1. Irrespective of any acquired rights they recognize, Member States
may issue the diploma, certificate or other evidence of formal
qualification referred to in Article 30 to a medical practitioner whohas not completed the trainingreferred to in Articles 31 and 32 but whoholds a diploma, certificate or other evidence of formal qualificationissued by the competent authorities of a Member State, attestingtocompletion of another additional trainingcourse; however, the Member
States may issue such diploma, certificate or other evidence of formal
qualification only if it attests to a level of skill equivalent to that reachedon completion of the trainingreferred to in Articles 31 and 32.
2. In adoptingtheir rules in accordance with parag raph 1, Member
States shall specify the extent to which the additional trainingalreadycompleted by the candidate and his professional experience may betaken into account in place of the trainingreferred to in Articles 31 and
32.
Member States may issue the diploma, certificate or other evidence of
formal qualification referred to in Article 30 only if the candidate hasacquired at least six months' experience in general medical practice in ageneral medical practice or a centre where doctors provide primary care,as referred to in Article 31 (1) (c).
Article 36
1. From 1 January 1995, and subject to the acquired rights it has
recognized, each Member State shall make the exercise of general
medical practice under its national social security scheme conditional on
possession of a diploma, certificate or other evidence of formalqualification as referred to in Article 30.
However, Member States may exempt from this condition persons who
are undergoing specific training in general medical practice.
2. Each Member State shall specify the acquired rights that it
recognizes. However, it shall recognize the right to exercise theactivities of general medical practitioner under its national social
security scheme without the diploma, certificate or other evidence of
formal qualification referred to in Article 30 as havingbeen acquired byall those doctors who on 31 December 1994 possess such a rightpursuant to Articles 1 to 20 and who are established on its territory onthat date by virtue of Article 2 or 9 (1)
3. Each Member State may apply paragraph 1 before 1 January 1995,
subject to the condition that any doctor who has completed the training
referred to in Article 23 in another Member State shall be able toestablish himself in practice on its territory until 31 December 1994 andto practise under its national social security scheme by virtue of Article2 or 9 (1).
4. The competent authorities of each Member State shall issue on
request a certificate granting doctors possessingacquired rights by virtue
of paragraph 2 the right to practise as general medical practitioners
under its national social security scheme without the diploma, certificateor other evidence of formal qualifications referred to in Article 30.
5. Nothingin parag raph 1 shall prejudice the possibility, which is
open to Member States, of granting, in accordance with their own rulesand in respect of their own territory, the right to practise as general
practitioners under a social security scheme to persons who do not
possess diplomas, certificates or other formal evidence of medicaltrainingand of specific trainingin g eneral medical practice obtained inboth cases in a Member State, but who possess diplomas, certificates orother evidence of either or both of these types of trainingobtained in anon-member country.1993L0016 — EN — 05.10.1998 — 004.001 — 36
▼B
Article 37
1. Each Member State shall recognize under its national social
security scheme, for the purposes of the exercise of the activities ofgeneral medical practitioner, the diplomas, certificates, or other evidenceof formal qualifications referred to in Article 30, issued to nationals of
Member States by other Member States in accordance with Articles 31,
32, 34 and 35.
2. Each Member State shall recognize the certificates referred to in
Article 36 (4) issued to nationals of Member States by other Member
States, and shall consider them as equivalent within its territory to thediplomas, certificates or other evidence of formal qualifications which itissues itself, and which permit the exercise of the activities of generalmedical practitioner under its national social security scheme.
Article 38
Nationals of Member States to whom a Member State has issued the
diplomas, certificates or other evidence of formal qualifications referred
to in Article 30 or 36 (4) shall havethe right to use in the host MemberState the professional title existingin that State and the abbreviationthereof.
Article 39
1. Without prejudice to Article 38, host Member States shall ensure
that the nationals of Member States covered by Article 37 have the right
to use the lawful academic title, or, where appropriate, the abbreviation
thereof, of their Member State of origin or of the Member State fromwhich they come, in the language of that Member State. Host MemberStates may require this title to be followed by the name and location ofthe establishment or examiningboard which awarded it.
2. If the academic title of the Member State of origin, or of the
Member State from which a national comes, can be confused in the hostMember State with a title requiring, in that State, additional trainingwhich the person concerned has not undergone, the host Member State
concerned may require such person to use the title of the Member State
of origin or of the Member State from which he comes in a suitable formto be indicated by the host Member State.
Article 40
On the basis of experience acquired, and in the light of developments in
trainingin g eneral medical practice, the Commission shall submit to the
Council by 1 January 1997 at the latest a report on the implementation
of this Title and, if necessary, suitable proposals with a view toappropriate trainingfor every g eneral medical practitioner in order tosatisfy requirements of general medical practice. The Council shall acton those proposals in accordance with the procedures laid down in theTreaty.
Article 41
As soon as a Member State has notified the Commission of the date of
entry into force of the measures it has taken in conformity with Article30, the Commission shall publish an appropriate notice in the Official
Journal of the European Communities , indicatingthe desig nations
adopted by that Member State for the diploma, certificate or otherevidence of formal qualifications and, where appropriate, the profes-
sional title in question.
TITLE V
FINAL PROVISIONS
Article 42
Member States shall designate the authorities and bodies competent to
issue or receive the diplomas, certificates and other evidence of formal1993L0016 — EN — 05.10.1998 — 004.001 — 37
▼B
qualifications as well as the documents and information referred to in
this Directive and shall forthwith inform the other Member States andthe Commission thereof.
Article 43
Where a Member State encounters major difficulties in certain fields,
when applyingthis Directive, the Commission shall examine these
difficulties in conjunction with that State and shall request the opinion of
the Committee of Senior Officials on Public Health set up by DecisionNo 75/365/EEC(
1).
When necessary, the Commission shall submit appropriate proposals to
the Council.
Article 44
The Directive listed in Annex III, Part A, are hereby repealed, without
prejudice to the obligations of the Member States concerning thedeadlines for transposition set out in Annex III, Part B.
References to the said Directives shall be construed as references to this
Directive and should be read in accordance with the correlation table inAnnex IV.
Article 44a
1. Where the procedure laid down in this Article is to be followed,
the Commission shall be assisted by the Committee of Senior Officials
on Public Health, set up under Decision 75/365/EEC(
2).
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shall
deliver its opinion on the draft, within a time limit which the chairmanmay lay down accordingto the urg ency of the matter, if necessary bytakinga vote.
The opinion shall be recorded in the minutes; in addition, each Member
State shall have the right to ask to have its position recorded in the
minutes.
The Commission shall take the utmost account of the opinion delivered
by the committee. It shall inform the committee of the manner in which
its opinion has been taken into account.
3. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down accordingto the urg ency of the matter. The opinion shallbe delivered by the majority laid down in Article 148 (2) of the Treaty in
the case of decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the manner setout in that Article. The chaiman shall not vote.
The Commission shall adopt measures which apply immediately.
However, if these measures are not in accordance with the opinion ofthe committee, they shall be communicated by the Commission to the
Council forthwith.
In that event:
(a) the Commission shall defer application of the measures which it has
decided for a period of two months from the date of suchcommunication;
(b) the Council, actingby a qualified majority, may take a different
decision within the time limit referred to in point (a).1993L0016 — EN — 05.10.1998 — 004.001 — 38
(1) OJ No L 167, 30. 6. 1975, p. 19.
(2) OJ L 167, 30. 6. 1975, p. 19. Decision as last amended by Decision 80/157/
EEC (OJ L 33, 11. 2. 1980, p. 15).▼M1
▼B
Article 45
This Directive is addressed to the Member States.1993L0016 — EN — 05.10.1998 — 004.001 — 39
▼B
ANNEX I
Characteristics of the full-time and part-time training of specialists as
referred to in Articles 24 (1) (c) and 25
1.Full-time training of specialists
Such trainingshall be carried out in specific posts recog nized by the
competent authority.
It shall involve participation in all the medical activities of the department
where the trainingis carried out, includingon-call duties, so that the trainee
specialist devotes to this practical and theoretical trainingall his professionalactivity throughout the duration of the standard working week and throughout
the year accordingto provisions ag reed by the competent authorities.
Accordingly these posts shall be subject to appropriate remuneration.
Trainingmay be interrupted for reasons such as military service, secondment,
pregnancy or sickness. The total duration of the training shall not be reduced
by reason of any interruption.
2.Part-time training of specialists
This trainingshall meet the same requirements as full-time training , from
which it shall differ only in the possibility of limitingparticipation in medical
activities to a period at least half of that provided for in the second paragraph
of point 1.
The competent authorities shall ensure that the total duration and quality of
part-time trainingof specialists are not less than those of full-time trainees.
Appropriate remuneration shall consequently be attached to such part-time
training.1993L0016 — EN — 05.10.1998 — 004.001 — 40
▼B
ANNEX II
Dates from which certain Member States repealed the provisions laid down by law, regulation or
administrative action concerning the award of diplomas, certificates and other evidence of formal
qualifications referred to in Article 9 (7)
BELGIUM
Thoracic surgery: 1 January 1983
Vascular surgery: 1 January 1983Neuro-psychiatry: 1 August 1987, except for persons having commenced
trainingbefore that date
Gastro-enterological surgery: 1 January 1983DENMARK
Biological haematology: 1 January 1983, except for persons having commenced
trainingbefore that date and who have
completed it by the end of 1988
Physiotherapy: 1 January 1983, except for persons havingcommenced
trainingbefore that date and who have
completed it by the end of 1988
Tropical medicine: 1 August 1987, except for persons having commenced
trainingbefore that date
FRANCE
Radiology: 3 December 1971
Neuro-psychiatry: 31 December 1971LUXEMBOURG
Radiology: The diplomas, certificates and other evidence of formal
qualifications are no longer awarded in respect of training
commenced after 5 March 1982
Neuro-psychiatry: The diplomas, certificates and other evidence of formal
qualifications are no longer awarded in respect of training
commenced after 5 March 1982
NETHERLANDS
Radiology: 8 July 1984
Neuro-psychiatry: 9 July 19841993L0016 — EN — 05.10.1998 — 004.001 — 41
▼B
ANNEX III
Part A
Repealed Directives
(referred to in Article 44)
1. Directive 75/362/EEC
2. Directive 75/363/EECand their successive amendments:
— Directive 81/1057/EEC: only the references made by Article 1 to the
provisions of the repealed Directives 75/362/EEC and 75/363/EEC
— Directive 82/76/EEC
— Directive 89/594/EEC: only Articles 1 to 9.
— Directive 90/658/EEC: only Article 1 (1) and (2), and Article 2
3. Directive 86/457/EEC
Part B
Deadlines for transposition into national law
(as referred to in Article 44)
Directive Deadline for transposition
75/362/EEC (OJ No L 167, 30. 6. 1975, p. 1) 20 December 1976(*)
81/1057/EEC (OJ No L 385, 31. 12. 1981, p. 25) 30 June 198275/363/EEC (OJ No L 167, 30. 6. 1975, p. 14) 20 December 1976(**)
82/76/EEC (OJ No L 43, 15. 2. 1982, p. 21) 31 December 1982
89/594/EEC (OJ No L 341, 23. 11. 1989, p. 19) 8 May 199190/658/EEC (OJ No L 353, 17. 12. 1990, p. 73) 1 July 1991
86/457/EEC (OJ No L 267, 19. 9. 1986, p. 26) 1 January 1985
(*) 1 January 1981 for Greece, 1 January 1986 for Spain and Portugal.
(**) 1 January 1981 for Greece, 1 January 1986 for Spain and Portugal. For the territory of
the former German Democratic Republic, Germany shall take the measures necessaryto apply Articles 2 to 5 of Directive75/363/EEC (Articles 24 to 27 of this Directive) by
3 April 1992 (Directive 90/658/EEC, Article 2).1993L0016 — EN — 05.10.1998 — 004.001 — 42
ANNEX IV
This Directive Directive 75/362/EEC Directive 75/363/EEC Directive 86/457/EEC Directive 81/1057/EEC Directive 89/594/EEC Directive 82/76/EEC
Article 1 Articles 1 and 24
Article 2 Article 2Article 3 Article 3
Article 4 Article 4
Article 5 Article 5Article 6 Article 6
Article 7 Article 7
Article 8 Article 8Article 9 (1) Article 9 (1) Article 1
Article 9 (2) Article 9 (2) Article 1
Article 9 (3) Article 9a (1)Article 9 (4) Article 9a (2)
Article 9 (5) Article 9 (3)
Article 9 (6) Article 9 (1)
Article 9 (7) Article 9 (2)
Article 10 Article 10
Article 11 Article 11
Article 12 Article 12Article 13 Article 13
Article 14 Article 14
Article 15 Article 15Article 16 Article 15a
Article 17 Article 16
Article 18 Article 17Article 19 Article 18
Article 20 Article 20
Article 21 Article 21Article 22 Article 22
Article 23 Article 1
Article 24 Article 2Article 25 (1) Article 3 (1)Article 25 (2) Article 3 (2)
Article 25 (3) first subpar-
agraphArticle 3 (3) first subpar-
agraph▼B1993L0016 — EN — 05.10.1998 — 004.001 — 43
This Directive Directive 75/362/EEC Directive 75/363/EEC Directive 86/457/EEC Directive 81/1057/EEC Directive 89/594/EEC Directive 82/76/EEC
Article 25 (3) second
subparagraphArticle 14
Article 26 Article 4
Article 27 Article 5Article 28 Article 7Article 29 Article 8Article 30 Article 1
Article 31 Article 2 (1), (2) and (3)
Article 32 Article 3
Article 33 Article 4
Article 34 Article 5
Article 35 Article 6
Article 36 Article 7
Article 37 Article 8
Article 38 Article 9
Article 39 Article 10
Article 40 Article 11
Article 41 Article 12 (2)
Article 42 Article 23 Article 2 (4)
Article 43 Article 26 Article 10Article 44Article 45 Article 27Annex I AnnexAnnex II Annex▼B1993L0016 — EN — 05.10.1998 — 004.001 — 44