1993L0016 — EN — 01.01.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►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
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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COUNCIL DIRECTIVE 93/16/EEC
of 5 April 1993
to facilitate the free movement of doctors and the mutual recogni-
tion of their diplomas, certificates and other evidence of formal
qualifications
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity, and in particular Article 49, Article 57 (1) and (2), first andthird 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 coordina-
tion of provisions laid down by law, regulation or administrative actionin respect of activities of doctors(
4) have been frequently and substan-
tially amended; whereas, therefore, for reasons of clarity and rationality,the said 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 September1986 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 alsoto the registration with, or membership of, professional organizations orbodies;
Whereas it nevertheless seems desirable that certain provisions be intro-
duced to facilitate the effective exercise of the right of establishmentand 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 recogni-tion of diplomas, certificates and other evidence of formal qualificationswhereby activities in the field of medicine can be taken up and pursuedand the recognition of diplomas, certificates and other evidence offormal qualifications in respect of specialists;
Whereas, with regard to the training of specialists, mutual recognition
of trainingqualifications is advisable where these qualifications, whilenot 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 other
(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.
1993L0016 — EN — 01.01.1995 — 001.001 — 3
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evidence of formal qualifications in these professions or in the designa-tion of certain medical specializations, as well as of the establishment ofcertain new medical specializations or the discontinuingof certainformer 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 medicineissued 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 doesnot 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 fromwhich he comes statingthat these certificates of trainingare thosecovered by the Directive;
Whereas this Directive does not affect the provisions laid down by law,
regulation or administrative action in the Member States, which prohibitcompanies or firms from practisingmedicine or impose on them certainconditions 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 theactivity pursued in the host country, would undoubtedly constitute anobstacle to the person wishingto provide the service, by reason of thetemporary nature of his activity; whereas this requirement should there-fore be abolished; whereas, however, in this event, control over profes-sional discipline, which is the responsibility of these professional organ-izations or bodies, should be guaranteed; whereas, to this end, it shouldbe guaranteed; whereas, to this end, it should be provided, subject to theapplication of Article 62 of the Treaty, that the person concerned maybe required to submit to the competent authority of the host MemberState 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 andin order to put all members of the profession who are nationals of theMember States on an equal footingwithin the Community, some coor-dination of the requirements for trainingin specialized medicine seemsnecessary; whereas certain minimum criteria should be laid down forthis purpose concerning the right to take up specialized training, theminimum 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 moreMember States;
Whereas the coordination of the conditions for the pursuit of these
activities, as envisaged by this Directive, does not exclude any subse-quent 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 the
1993L0016 — EN — 01.01.1995 — 001.001 — 4
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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 betaught in a satisfactory manner within the framework of the MemberStates’ 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 practi-tioner would contribute to an improvement in health care, particularlyby developinga more selective approach to the consultation of special-ists, use of laboratories and other highly specialized establishments andequipment;
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, withouthowever forcingthe pace, with a view to appropriate trainingfor everygeneral medical practitioner in order to satisfy the specific requirementsof general medical practice;
Whereas, to ensure the gradual introduction of this reform, it is neces-
sary in an initial stage to institute in each Member State specifictrainingin g eneral medical practice which satisfies minimum qualityand quantitiy requirements, and supplements the minimum basictrainingwhich 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 medicaltrainingas laid down nationally; whereas, in a second stag e, provisionshould be made to subject the exercise of general medical practiceunder a social security scheme to completion of specific trainingingeneral medical practice; whereas further proposals to complet thereform should 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 socialsecurity scheme, even where such trainingis required of holders ofdiplomas of medicine obtained in its own territory; whereas this conse-quence of this Directive will remain in effect as regards the exercise ofgeneral medical practice under social security schemes until 1 January1995, from which date this Directive requires all Member States tomake the exercise of general medical practice in the context of theirsocial security schemes subject to the possession of specific trainingingeneral medical practice; whereas medical practitioners established inpractice before that date pursuant to this Directive must have anacquired right to practise as general medical practitioners under thenational social security scheme of the host country even if they have notcompleted specific trainingin g eneral medical practice;
Whereas the coordination envisaged by this Directive covers the profes-
sional trainingof doctors, whereas, as far as trainingis concerned, mostMember States do not at present distinguish between doctors whopursue their activities as employed persons and those who are self-
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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 toemployed and self-employed persons; whereas the activities of doctorsare 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 profes-sional career; whereas, in order to encourage as far as possible the freemovement of those professional persons within the Community, it there-fore appears necessary to extend this Directive to employed doctors;
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 MemberStates.
TITLE II
MUTUAL RECOGNITION OF DIPLOMAS CERTIFICATES
AND 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 MemberStates by the other Member States in accordance with Article 23 andwhich are listed in Article 3, by giving such qualifications, as far as theright to take up and pursue the activities of a doctor is concerned, thesame effect in its territory as those which the Member State itselfawards.
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 verlos-kunde' (diploma of doctor of medicine, surgery and obstetricsrequired by law) awarded by the university faculties of medicine,the Central ExaminingBoard or the State University EducationExaminingBoard;
(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 praktisk
uddannelse' , (certificate of practical trainingissued by the
competent authorities of the health serivce);
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(c) in Germany:
1.‘Zeugnis über die ärztliche Staatsprüfung' (the State exam-
ination certificate in medicine) awarded by the competentauthoriteis, ‘Zeugnis über die Vorbereitungszeit als Medizina-
lassistent' (certificate statingthat the preparatory period as
medical assistant has been completed) in so far as German lawstill requires such a period to complete medical training;
2.‘Zeugnis über die ärztliche Staatsprüfung' (the State exam-
ination certificate in medicine) awarded by the competentauthorities after 30 June 1988 and the certificat attestingto thepractice 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 andScience 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 of medi-cine, the university joint faculties of medicine and pharmacy, orby 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 theState 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 obste-
trics) 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 of medical studies), awarded by a university, andthe‘Diploma comprovativo da conclusão do internato geral'
(diploma confirmingthe completion of g eneral internship),awarded by the competent 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 examiningbody and a certificate of experience granted by that body which
1993L0016 — EN — 01.01.1995 — 001.001 — 7
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give entitlement to registration as a fully registered medical practi-tioner;
▼
A1
(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'(certificateof the degree of licentiate in medicine)awarded by a university faculty of medicine and a certificate ofpractical 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 trainingissued by the National Board of Health and Welfare.
▼
B
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 tonationals of Member States by the other Member States in accordancewithArticles 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 awardedby 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 inparagraph 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
specialist, issued by the ‘Landesärztekammer' (Chambers of Physicians
of the Landconcerned);
in Greece:‘Τίτλος Ιατρικής Ειδικότητας '(certificate of medical specialization)
awarded by the ‘Νοµαρχίες '(prefectures);
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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 universi-ties,
— certificates of qualified medical specialist, drawn up by the Council
of the Ordre des médecins,
—l e‘certificat d’études spéciales de médecine' (certificate of speci-
lized studies in medicine) issued by a university faculty of medicine,university joint faculties of medicine and pharmacy or equivalentcertificates drawn up under a decree of the Minister for Education,
—‘diplôme d’études spécialisées de médecine délivré par les universi-
tés'(diploma of specialized studies in medicine awarded by a
university);
in Ireland:certificate of specialist doctor issued by the competent authority recog-
nized 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 Specialistenre-
gister'(certificate of recognition and registration in the Register of
Specialists, 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 registration
issued 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 author-
ities of the Ministry of Health, or ‘Título de Especialista' (professional
qualification of specialist) awarded by the professional association formedical practitioners;
in the United Kingdom:certificate of completion of specialist trainingissued by the competent
authority recognized for this purpose;
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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;
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.
▼
B
3. The titles currently used in the Member States which correspond
to the specialized trainingcourses in question are as follows:
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—anaesthetics:
Belgium: anesthésiologie — anesthesiolgieDenmark: anæsteasiolgiGermany: AnästhesiologieGreece: αναισθησιολογία
Spain: anestesiología y reanimaciónFrance: anesthésiologie-réanimation chirurgicaleIreland: anaestheticsItaly: anestesia e rianimazioneLuxembourg: anesthésie-réanimationNetherlands: anesthesiologiePortugal: anestesiologiaUnited Kingdom: anaesthetics
▼
A1
Austria: Anästhesiologie und IntensivmedizinFinland: anestesiologia — anestesiologiSweden: anestesi och intensivvård,
▼
B
—general surgery:
Belgium: chirurgie — heelkundeDenmark: kirurgi eller kirurgiske sygdommeGermany: ChirurgieGreece: χειρουργική
Spain: cirugía general y del aparato digestivoFrance: chirurgie généraleIreland: general surgeryItaly: chirurgia generaleLuxembourg: chirurgie généraleNetherlands: heelkundePortugal: cirurgia geralUnited Kingdom: general surgery
▼
A1
Austria: ChirurgieFinland: kirurgia — kirurgiSweden: kirurgi,
▼
B
—neurological surgery:
Belgium: neurochirurgie — neurochirurgieDenmark: neurokirurgi eller kirurgiske nervesygdommeGermany: NeurochirurgieGreece: νευροχειρουργική
Spain: neurocirugiaFrance: neurochirurgieIreland: neurological surgeryItaly: neurochirurgiaLuxembourg: neurochirurgieNetherlands: neurochirurgiePortugal: neurocirurgiaUnited Kingdom: neurological surgery
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Austria: NeurochirurgieFinland: neurokirurgia — neurokirurgiSweden: neurokirurgi,
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—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 ginecologíaFrance: gynécologie-obstétriqueIreland: obstetrics and gynaecologyItaly: ostetricia e ginecologiaLuxembourg: gynécologie-obstétriqueNetherlands: verloskunde en gynaecologiePortugal: ginecologia e obstetriciaUnited Kingdom: obstetrics and gynaecology
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A1
Austria: Frauenheilkunde und Geburtshilfe
Finland: naistentaudit ja synnytykset — kvinnosjukdomar
och förlossningar
Sweden: obstetrik och gynekologi,
▼B
—general (internal) medicine:
Belgium: médecine interne — inwendige geneeskunde
Denmark: intern medicin eller medicinske sygdommeGermany: Innere MedizinGreece: παθολογία
Spain: medicina internaFrance: médecine interneIreland: general (internal) medicineItaly: medicina internaLuxembourg: maladies internesNetherlands: inwendige geneeskundePortugal: medicina internaUnited Kingdom: general medicine
▼
A1
Austria: Innere Medizin
Finland: sisätaudit — inremedicinSweden: internmedicin,
▼
B
—ophthalmology:
Belgium: ophtalmologie — oftalmologie
Denmark: oftalmologie eller øjensygdommeDeutschland: AugenheilkundeGriechenland: οφθαλµολογία
Spanien: oftalmologíaFrankreich: ophtalmologieIreland: ophtalmologyItaly: oculisticaLuxembourg: ophtalmologieNetherlands: oogheelkundePortugal: oftalmologiaUnited Kingdom: opthalmology
▼
A1
Austria: Augenheilkunde und Optometrie
1993L0016 — EN — 01.01.1995 — 001.001 — 11
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Finland: silmätaudit — ögonsjukdomar
Sweden: ögonsjukdomar (oftalmologi),
▼B
—oto rhino laryngology:
Belgium: oto-rhino-laryngologie — otorhinolaryngologie
Denmark: oto-rhino-laryngologi eller øre-næse-halssyg-
domme
Germany: Hals-Nasen-OhrenheilkundeGreece: ωτορινολαρυγγολογία
Spain: otorrinolaringologíaFrance: oto-rhino-laryngologieIreland: otolaryngologyItaly: otorinolaringoiatriaLuxembourg: oto-rhino-laryngologieNetherlands: keel-, neus- en oorheelkundePortugal: otorrinolaringologiaUnited Kingdom: otolaryngology
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A1
Austria: Hals-, Nasen- und Ohrenkrankheiten
Finland: korva-, nenä- ja kurkkutaudit — öron-, näs- och
strupsjukdomar
Sweden: öron-, näs- och halssjukdomar (oto-rhino-laryng-
ologi),
▼B
—paediatrics:
Belgium: pédiatrie — kindergeneeskunde
Denmark: pædiatri eller børnesygdommeGermany: KinderheilkundeGreece: παιδιατρική
Spain: pediatría sus áreas específicasFrance: pédiatrieIreland: paediatricsItaly: pediatriaLuxembourg: pédiatrieNetherlands: kindergeneeskundePortugal: pediatriaUnited Kingdom: paediatrics
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A1
Austria: Kinder- und Jugendheilkunde
Finland: lastentaudit — barnsjukdomarSweden: barn- och ungdomsmedicin,
▼
B
—respiratory medicine:
Belgium: pneumologie — pneumologie
Denmark: medicinske lungesydommeGermany: Lungen- und BronchialheilkundeGreece: φυµατιολογία -πνευµονολογία
Spain: neumologiaFrance: pneumologieIreland: respiratory medicineItaly: tisiologia e malattie dell’apparato respiratorioLuxembourg: pneumo-phtisiologieNetherlands: longziekten en tuberculosePortugal: pneumologia
1993L0016 — EN — 01.01.1995 — 001.001 — 12
▼B
United Kingdom: respiratory medicine
▼A1
Austria: Lungenkrankheiten
Finland: keuhkosairaudet — lungsjukdomarSweden: lungsjukdomar (pneumonologi),
▼
B
—urology
Belgium: urologie — urologie
Denmark: urologi eller urinvejenes kirurgiske sygdommeGermany: UrologieGreece: ουρολογία
Spain: urologíaFrance: chirurgie urologiqueIreland: urologyItaly: urologiaLuxembourg: urologieNetherlands: urologiePortugal: urologiaUnited Kingdom: urology
▼
A1
Austria: Urologie
Finland: urologia — urologiSweden: urologi,
▼
B
—orthopaedics:
Belgium: orthopédie — orthopedie
Denmark: ortopædisk kirurgiGermany: OrthopädieGreece: ορθοπεδική
Spain: traumatología y cirugía ortopédicaFrance: chirurgie orthopédique et traumatologieIreland: orthopaedic surgeryItaly: ortopedia e traumatologiaLuxembourg: orthopédieNetherlands: orthopediePortugal: ortopediaUnited Kingdom: orthopaedic surgery
▼
A1
Austria: Orthopädie und Orthopädische Chirurgie
Finland: ortopedia ja traumatologia — ortopedi och trau-
matologi
Sweden: ortopedi,
▼B
—pathological anatomy:
Belgium: anatomie pathologique — pathologische anat-
omie
Denmark: patologisk anatomi og histologi eller vævsunder-
søgelse
Germany: PathologieGreece: παθολογική ανατοµική
Spain: anatomía patológicaFrance: anatomie et cytologie pathologiqueIreland: morbid anatomy and histopathologyItaly: anatomia patologica
1993L0016 — EN — 01.01.1995 — 001.001 — 13
▼B
Luxembourg: anatomie pathologique
Netherlands: pathologische anatomiePortugal: anatomia patológicaUnited Kingdom: morbid anatomy and histopathology
▼
A1
Austria: Pathologie
Finland: patologia — patologiSweden: klinisk patologi,
▼
B
—neurology:
Belgium: neurologie — neurologie
Denmark: neuromedicin eller medicinske nervesygdommeGermany: NeurologieGreece: νευρολογία
Spain: neurologiaFrance: neurologieIreland: neurologyItaly: neurologiaLuxembourg: neurologieNetherlands: neurologiePortugal: neurologiaUnited Kingdom: neurology
▼
A1
Austria: Neurologie
Finland: neurologia — neurologiSweden: neurologi,
▼
B
—psychiatry:
Belgium: psychiatrie — psychiatrie
Denmark: psykiatriGermany: PsychiatrieGreece: ψυχιατρική
Spain: psiquiatríaFrance: psychiatrieIreland: psychiatryItaly: psichiatriaLuxembourg: psychiatrieNetherlands: psychiatriePortugal: psiquiatriaUnited Kingdom: psychiatry
▼
A1
Austria: Psychiatrie
Finland: psykiatria — psykiatriSweden: psykiatri.
▼
B
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, certi-ficates and other evidence of formal qualifications in specialized medi-cine awarded tonationals of Member States by the other Member States
1993L0016 — EN — 01.01.1995 — 001.001 — 14
▼B
in accordance with Articles 24, 25, 27 and 29 and which are listed in
Article 7, by giving such qualifications the same effect in its territory asthose 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 the desig na-tions listed in paragraph 2 of this Article in respect of those MemberStates 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 clínicosFrance: biologie médicaleItaly: patologia diagnostica di laboratorioPortugal: patologia clínica
▼
A1
Austria: Medizinische Biologie,
▼B
—biological haematology:
Denmark: klinisk blodtypeserologi
France: hématologieLuxembourg: hématologie biologiquePortugal: hematologia clínica
▼
A1
Finland: hematologiset laboratoriotutkimukseth — emato-
logiska laboratorieundersökningar,
▼B
—microbiology-bacteriology:
Denmark: klinisk mikrobiologi
Germany: Mikrobiologie und InfektionsepidemiologieGreece: µικροβιολογία
Spain: microbiología y parasitologíaIreland: microbiologyItaly: microbiologiaLuxembourg: microbiologieNetherlands: medische microbiologieUnited Kingdom: medical microbiology
▼
A1
Austria: Hygiene und Mikrobiologie
Finland: kliininen mikrobiologia — klinisk mikrobiologiSweden: klinisk bakteriologi,
▼
B
—biological chemistry:
Denmark: klinisk kemi
Spain: bioquímica clínicaIreland: chemical pathologyLuxembourg: chimie biologiqueNetherlands: klinische chemieUnited Kingdom: chemical pathology
1993L0016 — EN — 01.01.1995 — 001.001 — 15
▼A1
Austria: Medizinische und Chemische Labordiagnostik
Finland: kliininen kemia — klinisk kemiSweden: klinisk kemi,
▼
B
—immunology:
Spain: inmunología
Ireland: clinical immunologyUnited Kingdom: immunology
▼
A1
Austria: Immunologie
Finland: immunologia — immunologiSweden: klinisk immunologi,
▼
B
—plastic surgery:
Belgium: chirurgie plastique — plastische heelkunde
Denmark: plastikkirurgiGreece: πλαστική χειρουργική
Spain: cirurgía plástica y reparadoraFrance: chirurgie plastique, reconstructrice et esthétiqueIreland: plastic surgeryItaly: chirurgia plasticaLuxembourg: chirurgie plastiqueNetherlands: plastische chirurgiePortugal: cirurgia plástica e reconstrutivaUnited Kingdom: plastic surgery
▼
A1
Austria: Plastische Chirurgie
Finland: plastiikkakirurgia — plastikkirurgiSweden: plastikkirurgi,
▼
B
—thoracic surgery:
Belgium: chirurgie thoracique — heelkunde op de thorax
Denmark: thoraxkirurgi eller brysthulens kirurgiske
sygdomme
Greece: χειρουργική θώρακος
Spain: cirurgía torácicaFrance: chirurgie thoracique et cardio-vasculaireIreland: thoracic surgeryItaly: chirurgia toracicaLuxembourg: chirurgie thoraciqueNetherlands: cardio-pulmonale chirurgiePortugal: cirurgia cárdio-torácicaUnited Kingdom: thoracic surgery
▼
A1
Finland: thorax- ja verisuonikirurgia — thorax- och
kärlkirurgiafi
Sweden: thoraxkirurgi,
▼B
—paediatric surgery:
Greece: χειρουργική παίδων
Spain: cirurgía pediátricaFrance: chirurgie infantileIreland: paediatric surgery
1993L0016 — EN — 01.01.1995 — 001.001 — 16
▼B
Italy: chirurgia pediatrica
Luxembourg: chirurgie pédiatriquePortugal: cirurgia pediátricaUnited Kingdom: paediatric surgery
▼
A1
Austria: Kinderchirurgie
Finland: lastenkirurgia — barnkirurgiSweden: barn- och ungdomskirurgi,
▼
B
—vascular surgery:
Belgium: chirurgie des vaisseaux — bloedvatenheelkunde
Spain: angiología y cirugía vascularFrance: chirurgie vasculaireItaly: chirurgia vascolareLuxembourg: chirurgie cardio-vasculairePortugal: cirurgia vascular,
—cardiology:
Belgium: cardiologie — cardiologie
Denmark: cardiologi eller hjerte-og-kredsløbssygdommeGreece: καρδιολογία
Spain: cardiologíaFrance: pathologie cardio-vasculaireIreland: cardiologyItaly: cardiologiaLuxembourg: cardiologie et angiologieNederland: cardiologiePortugal: cardiologiaUnited Kingdom: cardio-vascular disease
▼
A1
Finland: kardiologia — kardiologi
Sweden: kardiologi,
▼B
—gastro-enterology:
Belgium: gastro-entérologie — gastro-enterologie
Denmark: medicinsk gastroenterologi eller medicinske
mave-tarmsygdomme
Greece: γαστρεντερολογία
Spain: aparato digestivoFrance: gastro-entérologie et hépatologieIreland: gastro-enterologyItaly: malattie dell’apparato digerente, della nutrizione
e del ricambio
Luxembourg: gastro-entérologieNetherlands: gastro-enterologiePortugal: gastrenterologiaUnited Kingdom: gastro-enterology
▼
A1
Finland: gastroenterologia — gastroenterologi
Sweden: medicinsk gastro-enterologi och hepatologi,
▼B
—rheumatology:
Belgium: rhumatologie — reumatologie
Denmark: reumatologiGreece: ρευµατολογία
1993L0016 — EN — 01.01.1995 — 001.001 — 17
▼B
Spain: reumatologíaFrance: rhumatologieIreland: rheumatologyItaly: reumatologiaLuxembourg: rhumatologieNetherlands: reumatologiePortugal: reumatologiaUnited Kingdom: rheumatology
▼
A1
Finland: reumatologia — reumatologiSweden: reumatologi,
▼
B
—general haematology:
Greece: αιµατολογία
Spain: hematología hemoterapiaIreland: haematologyItaly: ematologiaLuxembourg: hématologiePortugal: imuno-hemoterapiaUnited Kingdom: haematology
▼
A1
Finland: kliininen hematologia — klinisk hematologiSweden: hematologi,
▼
B
—endocrinology:
Greece: ενδοκρινολογία
Spain: endocrinología y nutriciónFrance: endocrinologie - maladiesIreland: endocrinology and diabetes mellitusItaly: endocrinologiaLuxembourg: endocrinologie, maladies du métabolisme et de
la nutrition
Portugal: endocrinologia-nutricçãoUnited Kingdom: endocrinology and diabetes mellitus
▼
A1
Finland: endokrinologia — endokrinologiSweden: endokrinologi,
▼
B
—physiotherapy:
Belgium: médecine physique — fysische geneeskundeDenmark: fysiurgi og rehabiliteringGreece: φυσική ιατρική και αποκατάσταση
Spain: rehabilitaciónFrance: rééducation et réadaptation fonctionnellesItaly: fisioterapiaNetherlands: revalidatieLuxembourg: rééducation et réadaptation fonctionnellesPortugal: fisiatria
▼
A1
Austria: Physikalische MedizinFinland: fysiatria — fysiatriSweden: rehabiliteringsmedicin,
1993L0016 — EN — 01.01.1995 — 001.001 — 18
▼B
—stomatology:
Spain: estomatología
France: stomatologieItaly: odontostomatologiaLuxembourg: stomatologiePortugal: estomatologia,
—neuro-psychiatry:
Belgium: neuropsychiatrie — neuropsychiatrie
Germany: Nervenheilkunde (Neurologie und Psychiatrie)Greece: νευρολογία —ψυχιατρική
France: neuropsychiatrieItaly: neuropsichiatriaLuxembourg: neuropsychiatrieNetherlands: 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 venereologíaFrance: dermatologie et vénéréologieItaly: dermatologia e venerologiaLuxembourg: dermato-vénéréologieNetherlands: dermatologie en venerologiePortugal: dermatovenereologia
▼
A1
Austria: Haut- und Geschlechtskrankheiten
Finland: iho- ja sukupuolitaudit — hud- och könssjuk-
domar
Sweden: hud- och könssjukdomar,
▼B
—dermatology:
Ireland: dermatology
United Kingdom: dermatology,
—venereology:
Ireland: venereology
United Kingdom: venereology,
—radiology:
Germany: Radiologie
Greece: ακτινολογία —ραδιολογία
Spain: electrorradiologíaFrance: électro-radiologieItaly: radiologiaLuxembourg: électroradiologieNetherlands: radiologiePortugal: radiologia,
—diagnostic radiology:
Belgium: radiodiagnostic — röntgendiagnose
Denmark: diagnostisk radiologi eller - røntgenundersøgelseGermany: Radiologische DiagnostikGreece: ακτινοδιαγνωστική
Spain: radiodiagnósticoFrance: radiodiagnostic et imagerie médicale
1993L0016 — EN — 01.01.1995 — 001.001 — 19
▼B
Ireland: diagnostic radiology
Luxembourg: radiodiagnosticNetherlands: radiodiagnostiekPortugal: radiodiagnósticoUnited Kingdom: diagnostic radiology
▼
A1
Austria: Medizinische Radiologie-Diagnostik
Finland: radiologia — radiologiSweden: medicinsk radiologi,
▼
B
—radiotherapy:
Belgium: radio- et radiumthérapie — radio- en radium-
therapie
Denmark: terapeutisk radiologi eller stralebehandlingGermany: StrahlentherapieGreece: ακτινοθεραπευτική
Spain: oncología radioterápicaFrance: oncologie, option radiothérapieIreland: radiotherapyLuxembourg: radiothérapieNetherlands: radiotherapiePortugal: radioterapiaUnited Kingdom: radiotherapy
▼
A1
Austria: Strahlentherapie — Radio-onkologie
Finland: syöpätaudit ja sädehoito — cancersjukdomar och
radioterapi
Sweden: onkologi,
▼B
—tropical medicine:
Denmark: tropemedicin
Ireland: tropical medicineItaly: medicina tropicalePortugal: medicina tropicalUnited Kingdom: tropical medicine,
—child psychiatry:
Denmark: børnepsykiatri
Germany: Kinder- und JugendpsychiatrieGreece: παιδοψυχιατρική
France: pédo-psychiatrieIreland: child and adolescent psychiatryItaly: neuropsichiatria infantileLuxembourg: psychiatrie infantilePortugal: pedopsiquiatriaUnited Kingdom: child and adolescent psychiatry
▼
A1
Finland: lasten psykiatria — barnspsykiatri
Sweden: barn- och ungdomspsykiatri
▼B
—geriatrics:
Spain: geriatría
Ireland: geriatricsNetherlands: klinische geriatrieUnited Kingdom: geriatrics
1993L0016 — EN — 01.01.1995 — 001.001 — 20
▼A1
Finland: geriatria — geriatri
Sweden: geriatrik,
▼B
—renal diseases:
Denmark: nefrologi eller medicinske nyresygdomme
Greece: νεφρολογία
Spain: nefrologíaFrance: néphrologieIreland: nephrologyItaly: nefrologiaLuxembourg: néphrologiePortugal: nefrologiaUnited Kingdom: renal disease
▼
A1
Finland: nefrologia — nefrologi
Sweden: medicinska njursjukdomar (nefrologi),
▼B
—communicable diseases:
Ireland: communicable diseases
Italy: malattie infettiveUnited Kingdom: communicable diseases
▼
A1
Finland: infektiosairaudet — infektionssjukdomar
Sweden: infektionssjukdomar,
▼B
—community medicine
France: santé publique et médecine sociale
Ireland: community medicineUnited Kingdom: community medicine
▼
A1
Austria: Sozialmedizin
Finland: terveydenhuolto — hälsovård,
▼B
—pharmacology:
Germany: Pharmakologie
Spain: farmacología clínicaIreland: clinical pharmacology and therapeuticsUnited Kingdom: clinical pharmacology and therapeutics
▼
A1
Austria: Pharmakologie und Toxikologie
Finland: kliininen farmakologia — klinisk farmakologiSweden: klinisk farmakologi,
▼
B
—occupational medicine:
Denmark: samfundsmedicin/arbejdsmedicin
Germany: ArbeitsmedizinGreece: ιατρική της εργασίας
France: médecine du travailItaly: medicina del lavoroIreland: occupational medicineNetherlands: arbeids- en bedrijfsgeneeskunde
1993L0016 — EN — 01.01.1995 — 001.001 — 21
▼B
Portugal: medicina do trabalho
United Kingdom: occupational medicine
▼A1
Austria: Arbeits- und Betriebsmedizin
Finland: työterveyshuolto — företagshälsovårdSweden: yrkes- och miljömedicin,
▼
B
—allergology:
Greece: αλλεργιολογία
Spain: alergologiaItaly: allergologia ed immunoligia clinicaNetherlands: allergologiePortugal: imunoalergologia
▼
A1
Finland: allergologia — allergologi
Sweden: allergisjukdomar,
▼B
—gastro-enterological surgery:
Belgium: chirurgie abdominale — heelkunde op het
abdomen
Denmark: kirurgisk gastroenterologi eller kirurgiske mave-
tarmsygdomme
Spain: cirugía del aparato digestivoFrance: chirurgie viscéraleItaly: chirurgia dell’apparato digerente
▼
A1
Finland: gastroenterologia — gastroenterologi,
▼B
—nuclear medicine:
Belgium: médecine nucléaire — nucleaire geneeskunde
Germany: NuklearmedizinGreece: πυρηνική ιατρική
Spain: medicina nuclearFrankreich: médecine nucléaireItaly: medicina nucleareNetherlands: nucleaire geneeskundePortugal: medicina nuclearUnited Kingdom: nuclear medicine
▼
A1
Austria: Nuklearmedizin
Finland: isotooppitutkimukset — isotopundersökningar,
▼B
—maxillo-facial surgery (basic medical training):
Spain: cirugía oral y maxilofacial
France: chirurgie maxillo-faciale et stomatologieItaly: chirurgia maxillo-facciale,
—dental, oral and maxillo-facial surgery (basic medical and dental
training):
Belgium: stomatologie/chirurgie orale et maxillo-faciale;
— stomatologie/orale en maxillo-faciale chir-urgie
1993L0016 — EN — 01.01.1995 — 001.001 — 22
▼B
Germany: Zahn-, Mund-, Kiefer- und Gesichtschirurgie
Ireland: oral and maxillo-facial surgeryUnited Kingdom: oral and maxillo-facial surgery
▼
A1
Finland: leukakirurgia — käkkirurgi.
▼B
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, althoughreferred to in Article 6, are not awarded in the Member State of originor 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 or adminis-trative 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 MemberState of origin or the Member State from which the foreign nationalcomes provided such trainingperiods correspond to those required inthe host 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.
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 minimumtrainingrequirements laid down in Article 23, each Member State shallrecognize, as being sufficient proof, the diplomas, certificates and otherevidence of formal qualifications in medicine awarded by thoseMember States 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,
▼
A1
— the date of accession for Austria, Finland and Sweden,
▼B
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, certi-ficates and other evidence of formal qualifications in specialized medi-cine awarded by those Member States when they attest to trainingwhich commenced before:
1993L0016 — EN — 01.01.1995 — 001.001 — 23
▼B
— 1 January 1986 for Spain and Portugal,
— 1 January 1981 for Greece,— 20 December 1976 for the other Member States,
▼
A1
— the date of accession for Austria, Finland and Sweden.
▼B
The host Member State may require that the diplomas, certificates and
other evidence of formal qualifications in specialized medicine beaccompanied by a certificate issued by the competent authorities orbodies of the Member State of origin or in the Member State fromwhich they come, statingthat the holders have, in specialized medicine,been engaged in activities in question for a period equivalent to twicethe difference between the period of specialized trainingof the MemberState of origin or of the Member State from which they come, and theminimum requirements reg ardingthe duration of traininglaid 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 atissue 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, certi-
ficates and other evidence of formal qualifications in medicine attest totrainingreceived 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 formalqualifications as beingsufficient proof if:
— they attest to trainingcommenced before German unification,
— they entitle the holder to pursue the activities of a doctor throughout
the teritory of Germany under the same conditions as the qualifica-tions awarded by the competent German authorities and referred toin 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 dateof issue of the certificate.
4. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications in specialized medi-cine attest to trainingreceived on the territory of the former GermanDemocratic Republic which does not satisfy the minimum trainingrequirements laid down in Articles 24 to 27, Member States other thanGermany shall recognize those diplomas, certificates and other evidenceof 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 asthe qualifications 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 issuedby the competent German authorities or bodies statingthat the holdershave, as specialists, been engaged in the acitivity in question for aperiod equivalent to twice the difference between the period of special-ized trainingreceived on German territory and the minimum duration oftraininglaid down in Title III where they do not satisfy the minimumrequirements reg ardingthe duration of traininglaid down in Articles 26and 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 or designa-tions set out in Article 3, 5 or 7, each Member State shall recognize as
1993L0016 — EN — 01.01.1995 — 001.001 — 24
▼B
beingsufficient proof the diplomas, certificates and other evidence of
formal qualifications awarded by those Member States, accompanied bya certificate issued by the competent authorities or bodies. The certifi-cate shall state that these diplomas, certificates and other evidence offormal qualifications in medicine or in specialized medicine wereawarded followingtrainingin accordance with the provisons of Title IIIreferred to, as appropriate, in Article 2, 4 or 6, and are treated by theMember State which awarded them as the qualifications or designationsset 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 awardof diplomas, certificates and other evidence of formal qualifications inneuro-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 inneuro-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 stoppedawardingsuch diplomas, certificates and other evidence of formal quali-fication 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 formal quali-fications referred to in paragraph 6 are set out in Annex II.
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 downin Articles 2, 4, 6 and 9 have the right to use the lawful academic titleor, 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 examiningboardwhich awarded it.
2. If the academic title used in the Member State of origin, or in the
Member State from which a foreign national comes, can be confused inthe host Member State with a title requiringin that State additionaltrainingwhich the person concerned has not underg one, the hostMember State may require such a person to use the title employed inthe Member State of origin or the Member State from which he comesin a suitable form to be drawn up by the host Member State.
CHAPTER VI
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE
RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE
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 anyactivity of a doctor shall accept as sufficient evidence, in respect ofnationals of other Member States, a certificate issued by a competentauthority in the Member State of origin or in the Member State fromwhich the foreign national comes, attesting that the requirements of the
1993L0016 — EN — 01.01.1995 — 001.001 — 25
▼B
Member State as to good character or good repute for taking up the
activity in question have been met.
2. Where the Member State of origin or the Member State from
which the foreign national comes does not require proof of good char-acter or good repute of persons wishing to take up the activity inquestion for the first time, the host Member State may require ofnationals 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 personconcerned in that State, outside its territory and which is likely to affectthe 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 authori-ties shall decide on the nature and extent of the investigation to be madeand shall inform the host Member State of any consequential actionwhich they take with regard to the certificates or documents they haveissued.
4. Member States shall ensure the confidentiality of the information
which is forwarded.
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 theactivities of a doctor, the Member State of origin or the Member Statefrom which the foreign national comes shall forward to the hostMember State all necessary information regarding measures or disci-plinary action of a professional or administrative nature taken in respectof the person concerned or criminal penalties imposed on him whenpursuinghis profession in the Member State of orig in or in the MemberState from which he came.
2. If the host Member State has detailed knowledge of a serious
matter which has occurred, prior to the establishment of the personconcerned in that State, outside its territory and which is likely to affectthe pursuit within its territory of the activity concerned, it may 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 authori-ties shall decide on the nature and extent of the investigation to be madeand shall inform the host Member State of any consequential actionwhich they take with regard to the information which they haveforwarded in accordance 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 ormental health, that State shall accept as sufficient evidence thereof thepresentation of the document required in the Member State of origin orthe 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 host
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Member State shall accept from such national a certificate issued by a
competent authority in that State correspondingto the certificates issuedin 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, without preju-dice 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.
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 declarationcannot be used by nationals of other Member States, that Member Stateshall ensure that an appropriate and equivalent form of oath or declara-tion 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 or member-ship of, or registration with, a professional organization or body, thatMember State shall in the case of the provision of services exempt thenationals 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 heshall be subject to the rules of conduct of a professional or adminis-trative 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 relatingto profes-sional conduct in force in their territory, require either automatic tempo-rary registration or pro forma membership of a professional organ-ization or body or, as an alternative, registration, provided that suchregistration or membership does not delay or in any way complicate theprovision of services or impose any additional costs on the personprovidingthe services.
Where a host Member State adopts a measure pursuant to the second
subparagraph or becomes aware of facts which run counter to theseprovisions, it shall forthwith inform the Member State where the personconcerned 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.
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3. Pursuant to paragraphs 1 and 2, the host Member State mayrequire the person concerned to supply one or more documentscontainingthe 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 is estab-lished,
— a certificate that the person concerned holds one or other of the
diplomas, certificates or other evidence of formal qualificationappropriate for the 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 accountsrelatingto services rendered to persons insured under social securityschemes, that Member State shall exempt nationals of Member Statesestablished in another Member State from this requirement, in cases ofprovision of services entailingtravel on the part of the personconcerned.
However, the persons concerned shall supply information to this body
in advance, or, in urgent cases, subsequently, concerning the 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 relating
to one of the activities of a doctor is subject to rules, nationals of otherMember 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 thehost 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.
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Article 21
Member States which require their own nationals to complete a prepara-
tory trainingperiod in order to become elig ible for appointment as adoctor of a social security scheme may impose the same requirement onnationals of the other Member States for a period of five years begin-ning20 June 1975. The trainingperiod may not, however, exceed sixmonths.
Article 22
In the event of justified doubts, the host Member State may require of
the competent authorities of another Member State confirmation of theauthenticity 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.
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 otherevidence of formal qualifications in medicine referred to in Article 3which g uarantees that duringhis complete trainingperiod the personconcerned has acquired:
(a) adequate knowledge of the sciences on which medicine is based and
a g ood understandingof the scientific methods includingthe princi-ples of measuringbiolog ical functions, the evaluation of scientifi-cally 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 supervi-
sion.
2. A complete period of medical trainingof this kind shall comprise
at least a six-year course or 5 500 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 the univer-sities 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 orother evidence of formal qualifications which have not been obtained ina 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:
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(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 successfulcompletion 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, reg ula-tion or administrative action in respect of the activities of dentalpractitioners(
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;
(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 the establish-ments concerned.
2. Member States shall make the award of a diploma, certificate or
other evidence of formal qualifications in specialized medicine subjectto the possession of one of the diplomas, certificates or other evidenceof formal qualifications in medicine referred to in Article 23. Issue ofthe diploma, certificate or other evidence of specialization in dental,oral and maxillo-facial surgery (basic medical and dental training) isalso 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,in the light of a re-examination of the situation and on a proposal by theCommission, with due regard to the fact that the possibility of part-timetrainingshould continue to exist in certain circumstances to be exam-ined specialty 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 :
(1) OJ No L 233, 24. 8. 1978, p. 10.
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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
— opthhalmology— otorhinoloaryngology.
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 lessthan the following:
First group (five years):— plastic surgery
— horacic surgery— vascular surgery— neuro-psychiatry— paediatric surgery— gastroenterological surgery— maxillo-facial surgery (basic medical training)
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);
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Third group (three years):
— general haematology
— endocrinology— physiotherapy— stomatology— dermato-venereology— allergology.
Article 28
As a transitional measure and notwithstandingArticles 24 (1) (c) and
25, Member States whose provisions, laid down by law, regulation, oradministrative 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, certi-ficates and other evidence of formal qualifications, an attestation certi-fyingthat 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 the confer-ringof academic and university deg rees, the issue of a certificate asa specialist shall be conditional simply upon the possession of thediploma of doctor of medicine, surgery and obstetrics awarded bythe LuxembourgState ExaminingBoard;
(b) as regards Denmark, and in respect only of the Danish diplomas of
medical practitioners required by law awarded by a Danish univer-sity faculty of medicine in accordance with the decree of theMinistry of the Interior of 14 May 1970, the issue of a certificate asspecialist shall be conditional simply upon the possession of theabovementioned diplomas.
The diplomas referred to under (a) and (b) may be awarded to candi-
dates 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 laiddown 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 trainingcoursereferred to 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 inan approved hospital or clinic with suitable equipment and servicesand, on the other hand, for at least six months in an approved
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general medical practice or in an approved centre where doctors
provide primary care; it shall be carried out in contact with otherhealth 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 orstructures concerned with general medical practice;
(d) it shall entail the personal participation of the trainee in the profes-
sional activities and responsibilities of the persons with whom heworks.
2. Member States shall be entitled to defer application of the provi-
sions of paragraph 1 (c) relating to minimum periods of instruction until1 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 oneof the diplomas, certificates or other evidence of formal qualificationsreferred 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 Statemay retain this type of trainingon an experimental basis on conditionthat:
— 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 medicalpractice 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 implementationof Articles 31 and 32 and suitable proposals in order to achieve furtherharmonization 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-timetrainingin g eneral medical practice in addition to full-time trainingwhere the followingparticular conditions are met:
— the total duration of trainingmay not be shortened because it is
beingfollowed 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
trainingperiods, both for the trainingconducted at a hospital orclinic and for the traininggiven in an approved medical practice orin an approved centre where doctors provide primary care. Thesefull-time trainingperiods shall be of sufficient number and durationas to provide adequate preparation for the effective exercise ofgeneral medical practice.
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2. Part-time trainingmust be of a level of quality equivalent to thatof full-time training. It shall lead to a diploma, certificate or otherevidence of 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 qualifica-tion referred to in Article 30 to a medical practitioner who has notcompleted the trainingreferred to in Articles 31 and 32 but who holds adiploma, certificate or other evidence of formal qualification issued bythe competent authorities of a Member State, attestingto completion ofanother additional trainingcourse; however, the Member States mayissue such diploma, certificate or other evidence of formal qualificationonly if it attests to a level of skill equivalent to that reached oncompletion 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 and32.
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 generalmedical practice under its national social security scheme conditional onpossession of a diploma, certificate or other evidence of formal qualifi-cation 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 recog-
nizes. However, it shall recognize the right to exercise the activities ofgeneral medical practitioner under its national social security schemewithout the diploma, certificate or other evidence of formal qualificationreferred to in Article 30 as havingbeen acquired by all those doctorswho on 31 December 1994 possess such a right pursuant to Articles 1 to20 and who are established on its territory on that date by virtue ofArticle 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 trainingreferred 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 possessing acquired rights byvirtue of paragraph 2 the right to practise as general medical practi-tioners under its national social security scheme without the diploma,certificate or other evidence of formal qualifications referred to inArticle 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 generalpractitioners under a social security scheme to persons who do notpossess 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.
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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 otherevidence of formal qualifications referred to in Article 30, issued tonationals of Member States by other Member States in accordance withArticles 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 MemberStates, 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 referredto 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 rightto use the lawful academic title, or, where appropriate, the abbreviationthereof, 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 Stateconcerned may require such person to use the title of the Member Stateof origin or of the Member State from which he comes in a suitableform to 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 theCouncil by 1 January 1997 at the latest a report on the implementationof this Title and, if necessary, suitable proposals with a view to appro-priate trainingfor every g eneral medical practitioner in order to satisfyrequirements of general medical practice. The Council shall act on thoseproposals in accordance with the procedures laid down in the Treaty.
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 formalqualifications as well as the documents and information referred to in
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this Directive and shall forthwith inform the other Member States and
the Commission thereof.
Article 43
Where a Member State encounters major difficulties in certain fields,
when applyingthis Directive, the Commission shall examine thesedifficulties in conjunction with that State and shall request the opinionof the Committee of Senior Officials on Public Health set up byDecision No 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 the dead-lines 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 45
This Directive is addressed to the Member States.
(1) OJ No L 167, 30. 6. 1975, p. 19.
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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 traineespecialist devotes to this practical and theoretical trainingall his professionalactivity throughout the duration of the standard working week and throughoutthe year accordingto provisions ag reed by the competent authorities. Accord-ingly 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 reducedby 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 medicalactivities to a period at least half of that provided for in the second paragraphof 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.
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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 1983Vascular surgery: 1 January 1983Neuro-psychiatry: 1 August 1987, except for persons having commenced
trainingbefore that date
Gastro-enterological surgery: 1 January 1983
DENMARK
Biological haematology: 1 January 1983, except for persons having commenced
trainingbefore that date and who havecompleted it by the end of 1988
Physiotherapy: 1 January 1983, except for persons havingcommenced
trainingbefore that date and who havecompleted it by the end of 1988
Tropical medicine: 1 August 1987, except for persons having commenced
trainingbefore that date
FRANCE
Radiology: 3 December 1971Neuro-psychiatry: 31 December 1971
LUXEMBOURG
Radiology: The diplomas, certificates and other evidence of formal qual-
ifications are no longer awarded in respect of trainingcommenced after 5 March 1982
Neuro-psychiatry: The diplomas, certificates and other evidence of formal qual-
ifications are no longer awarded in respect of trainingcommenced after 5 March 1982
NETHERLANDS
Radiology: 8 July 1984Neuro-psychiatry: 9 July 1984
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ANNEX III
Part A
Repealed Directives
(referred to in Article 44)
1. Directive 75/362/EEC2. Directive 75/363/EEC
and 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 198289/594/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 199186/457/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 necessary to apply Articles 2 to 5 ofDirective75/363/EEC (Articles 24 to 27 of this Directive) by 3 April 1992 (Directive 90/658/EEC, Article 2).
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This DirectiveDirective
75/362/EECDirective
75/363/EECDirective
86/457/EECDirective
81/1057/EECDirective
89/594/EECDirective
82/76/EECANNEX IV
Article 1 Articles 1
and 24
Article 2 Article 2
Article 3 Article 3
Article 4 Article 4
Article 5 Article 5
Article 6 Article 6
Article 7 Article 7
Article 8 Article 8
Article 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 12
Article 13 Article 13
Article 14 Article 14
Article 15 Article 15
Article 16 Article 15a
Article 17 Article 16
Article 18 Article 17
Article 19 Article 18
Article 20 Article 20
Article 21 Article 21
Article 22 Article 22
Article 23 Article 1
Article 24 Article 2
Article 25 (1) Article 3 (1)
Article 25 (2) Article 3 (2)
Article 25 (3)first subpara-graph Article 3 (3)firstsubpara-graph
Article 25 (3)secondsubparagraph Article 14
Article 26 Article 4
Article 27 Article 5
Article 28 Article 7
Article 29 Article 8
Article 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)
1993L0016 — EN — 01.01.1995 — 001.001 — 40
▼B
This DirectiveDirective
75/362/EECDirective
75/363/EECDirective
86/457/EECDirective
81/1057/EECDirective
89/594/EECDirective
82/76/EEC
Article 42 Article 23 Article 2 (4)
Article 43 Article 26 Article 10
Article 44
Article 45 Article 27
Annex I Annex
Annex II Annex