1978L0686 — EN — 01.01.1995 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of25July1978
concerningthemutualrecognitionofdiplomas,certificatesandotherevidenceoftheformalquali-
fications of pratitioners of dentistry, including measures to facilitate the effective exercise of the
rightofestablishmentandfreedomtoprovideservices
(78/686/EEC)
(OJ L 233, 24.8.1978, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive 89/594/EEC of 30 October 1989 L 341 19 23.11.1989
►M2Council Directive 90/658/EEC of 4 December 1990 L 353 73 17.12.1990
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Spain and Portugal L 302 23 15.11.1985
►A3Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1Corrigendum, OJ L 346, 2.12.1981, p. 24 (79)
▼B
COUNCILDIRECTIVE
of25July1978
concerning the mutual recognition of diplomas, certificates and
other evidence of the formal qualifications of pratitioners ofdentistry, including measures to facilitate the effective exercise of
therightofestablishmentandfreedom toprovideservices
(78/686/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 49, 57, 66 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Economic and Social
Committee(2),
Whereas, pursuant to the Treaty, all discriminatory treatment based on
nationality withregard to establish ment and provision of services isprohibited as from the end of the transitional period; whereas the prin-ciple of suchtreatment based on nationality applies in particular to th egrant of any authorization required to practise as a dental practitionerand also to registration withor membersh ip of professional organiza-
tions or bodies;
Whereas it nevertheless seems desirable that certain provisions be
introduced to facilitate the effective exercise of the right of establish-ment and freedom to provide services in respect of the activities ofdental practitioners;
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 shall be
issued for the mutual recognition of diplomas, certificates and other
evidence of formal qualifications; whereas the aim of this Directive is
the recognition of diplomas, certificates and other evidence of formalqualifications of a dental practitioner enabling activities in the field ofdentistry to be taken up and pursued and the recognition of diplomas,certificates and other evidence of formal qualifications in respect of
practitioners of specialized dentistry;
Whereas, with regard to the training of practitioners of specialized
dentistry, the mutual recognition of training qualifications is advisablewhere these qualifications, while not being a condition for taking upthe activities of practitioner of specialized dentistry, are nonetheless a
condition for the use of a specialist title;
Whereas, in view of the current differences between the Member States
regarding the number of specializations in dentistry and the type or thelengthof training courses for suchspecializations, certain coordinatingprovisions intended to enable Member States to proceed withth e
mutual recognition of diplomas, certificates and other evidence of
formal qualifications should be laid down; whereas such coordinationhas been effected by Council Directive 78/687/EEC of 25 August1978 concerning the coordination of provisions laid down by law, regu-lation or administrative action in respect of the activities of dental
practitioners(
3);
Whereas, although the coordination referred to above was not intended
to harmonize all the provisions of the Member States on the training ofpractitioners of specialized dentistry, it is nevertheless appropriate toproceed with the mutual recognition of diplomas, certificates and other1978L0686 — EN — 01.01.1995 — 005.001 — 2
(1) OJ No C 101, 4.8.1970, p. 19.
(2) OJ No C 36, 28.3.1970, p. 17.
(3) See page 10 of this Official journal.
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evidence of formal qualifications as a pratitioner of specialized
dentistry which are not common to all the Member States, withouthowever excluding the possibility of subsequent harmonization in this
field; whereas it was considered in this connection that recognition of
diplomas, certificates and other evidence of formal qualifications as apractitioner of specialized dentistry must be restricted to those MemberStates where such specialization is known;
Whereas, with regard to the use of academic titles, since a Directive on
the mutal recognition of diplomas does not necessarily imply equiva-lence in the training covered by such diplomas, the use of such titles
should be authorized only in the language of the Member State of
origin or of the Member State from which the foreign national comes;
Whereas, to facilitate the application of this Directive by national
authorities, Member States may prescribe that, in addition to formalcertificates of training, a person who satisfies the conditions of trainingrequired by these authorities must provide a certificate from the compe-tent authorities of his Member State of origin or of the Member State
from which he comes stating that these certificates of training are those
covered by this Directive;
Whereas, in the case of the provision of services, the requirement of
registration withor membersh ip of professional organizations or bodiessince it is related to the fixed and permanent nature of activitiespursued in the host country would thus undoubtedly constitute anobstacle to the persons wishing to provide the service, by reason of
the temporary nature of his activity; whereas this requirement should
therefore be abolished; whereas, however, in this event, control overprofessional discipline which is the responsibility of these professionalorganizations or bodies, should be guaranteed; whereas, to this end, itshould be provided, subject to the application of Article 62 of theTreaty, that the person concerned may be required to submit to the
competent authority of the host Member State particulars relating to
the provision of services;
Whereas, with regard to the requirements relating to good character
and good repute, a distinction should be drawn between the require-ments to be satisfied on first taking up the profession and those to besatisfied for its practice;
Whereas, as far as the activities of employed dental practitioners are
concerned, Council Regulation (EEC) No 1612/68 of 15 October 1968
on freedom of move ment for workers within the Community(
1) lays
down no specific provisions relating to good character or good repute,professional discipline or use of title for the professions covered;whereas, depending on the individual Member State, such rules are ormay be applicable bothto employed and self-employed persons;whereas the activities of dental practitioners are or will be subject in
all Member States to possession of a diploma, certificate or other
evidence of formal qualification in dentistry; whereas such activitiesare pursued by bothemployed and self-employed persons, or by th esame persons in both capacities in the course of their professionalcareer; whereas, in order to encourage as far as possible their free
movement within the Community, it therefore appears necessary to
extend this Directive to cover employed dental practitioners;
Whereas the dental profession is not yet organized in Italy; whereas it
is therefore necessary to grant Italy an additional period for recognizingthe diplomas of dental practitioners awarded by the other MemberStates;
Whereas, moreover, this means that holders of a doctor's diploma
awarded in Italy may not acquire a certificate meeting the requirementsof Article 19 of this Directive;
Whereas, in these circumstances, it is necessary to defer on the one
hand the obligation of Italy to recognize diplomas awarded by the other1978L0686 — EN — 01.01.1995 — 005.001 — 3
(1) OJ No L 257, 19.10.1968, p. 2.
▼B
Member States and on the other hand that of the Member States to
recognize diplomas awarded in Italy as referred to in Article 19,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE
Article 1
This Directive shall apply to the activities of dental practitioners as
defined in Article 5 of Directive 78/687/EEC pursued under thefollowing titles:
— in Germany:
Zahnarzt,
— in Belgium:
licencié en science dentaire/licentiaat in de tandheelkunde,
— in Denmark:
tandlæge,
— in France:
chirurgien-dentiste,
— in Ireland:
dentist, dental practitioner or dental surgeon,
— in Italy:
odontoiatra,
— in Luxembourg:
médecin-dentiste,
— in the Netherlands:
tandarts,
— in the United Kingdom:
dentist, dental practitioner or dental surgeon,
— in Greece:
οδοντίατρος ή χειρούργος οδοντίατρος,
— in Spain:
Licenciado en Odontología,
— in Portugal:
médico dentista,
— in Austria:
the title which will be notified by Austria to the Member States and
to the Commission by 31 December 1998 at the latest,
— in Finland:
hammaslääkäri — tandläkare,
— in Sweden:
tandläkare.
CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMALQUALIFICATIONSINDENTISTRY
Article 2
Each Member State shall recognize the diplomas, certificates and other
evidence of formal qualifications in dentistry awarded to nationals ofMember States by the other Member States in accordance with Article1 of Directive 78/697/EEC and which are listed in Article 3 of this1978L0686 — EN — 01.01.1995 — 005.001 — 4
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Directive, by giving such qualifications, as far as the right to take up
and pursue the activities of a dental practitioner is concerned, thesame effect in its territory as those which the Member States itself
awards.
Article 3
The diplomas, certificates and other evidence of formal qualification
referred to in Article 2 are as follows:
(a)in Germany
►
M2 ◄‘Zeugnis über die zahnärtzliche Staatsprü-
fung’ (the State examination certificate in dentistry), awarded
by the competent authorities;
(b)in Belgium
‘diplôme légal de licencié en science dentaire/wettelijk diploma
van licentiaat in de tandheelkunde’ (the official diploma of grad-
uate in dental science), awarded by the university faculties of
medicine, or by the Central Board or by the State boards ofuniversity examiners;
(c)in Denmark
‘bevis for tandlægeeksamen (kandidateksamen)’ (official diploma
certifying that the holder has passed the examination in dentistry),issued by schools of dentistry together with the document issuedby the ‘Sundhedsstyrelsen’ (State Board of Health) certifying thathe has worked as an assistant for the required length of time;
(d) in France
1. ‘diplôme d'Etat de chirurgie-dentiste’ (State diploma of dental
surgeon), awarded until 1973 by the university faculties of
medicine or the university joint faculties of medicine and phar-macy;
2. ‘diplôme d'Etat de docteur en chirurgie dentaire’ (State diploma
of doctor of dental surgery), awarded by the universities;
(e)in Ireland
the diploma of:— Bachelor in Dental Science (B.Dent.Sc.),
— Bachelor of Dental Surgery (BDS), or— Licentiate in Dental Surgery (LDS),
awarded by the universities or the Royal College of Surgeons in
Ireland;
(f)in Italy
the diploma the title of which will be notified by Italy to the
Member States and to the Commission within the time limit laid
down in Article 24 (1);
(g)in Luxembourg
‘diplôme d'Etat de docteur en médecine dentaire’ (State diploma of
doctor of dental medicine), issued by the State Board of Exami-
ners;
(h)in the Netherlands
‘universitair getuigschrift van een met goed gevolg afgelegd
tandartsexamen’ (university certificate certifying success in the
dental surgeon's examination);
(i)in the United Kingdom
the diploma of:— Bachelor of Dental Surgery (BDS or B.Ch.D), or1978L0686 — EN — 01.01.1995 — 005.001 — 5
▼M2
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▼B
— Licentiate in Dental Surgery (LDS),
issued by the universities and the royal colleges;
(j)in Greece:
‘πτυχίο οδοντιατρικής του Πανεπιστηµίου ’►C1(Degree of
dentistry awarded by a University) ◄;
(k)in Spain:
the diploma, the name of which will be notified by Spain to the
Member States and to the Commission on accession;
(l)in Portugal:
‘carta de curso de licenciatura em medicina dentária’ (diploma
conferring official recognition of completion of studies indentistry) awarded by an establishment of higher education;
(m)in Austria:
the diploma which will be notified by Austria to the Member
States and to the Commission by 31 December 1998 at the latest;
(n)in Finland:
‘todistus hammaslääketieteen lisensiaatin tutkinnosta — bevis om
odontologi licentiat examen’ (certificate of the degree of licentiate
in dentistry) awarded by a university faculty of medicine or facultyof dental medicine and a certificate of practical training issued bythe competent public health authorities;
(o)in Sweden:
‘tandläkarexamen’ (university diploma in dentistry) awarded by
schools ofdentistry and a certificate of practical training issued by
the National Board of Health and Welfare.
CHAPTER III
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMAL QUALIFICATIONS IN SPECIALIZEDD ENTISTRY
PECULIARTOTWOORMOREMEMBERSTATES
Article 4
EachMember State withprovisions in th is field laid down by laws,
regulations or administrative provisions shall recognize the diplomas,
certificates and other evidence of formal qualifications of dental practi-tioners specializing in orthodontics and oral surgery awarded tonationals of Member States by other Member States in accordancewithArticles 2 and 3 of Directive 78/687/EEC and wh ichare listed inArticle 5, by granting suchqualifications th e same effect in its territory
as the diplomas, certificates and other formal qualifications which it
itself awards.
Article 5
The diplomas, certificates and other evidence of formal qualifications
referred to in Article 4 are as follows:
1.Orthodontics
—in Germany
‘fachzahnärztliche Anerkennung für Kieferorthopädie’ (certifi-
cate of orthodontist), issued by the ‘Landeszahnärztekammern’
(Chamber of Dental Practitioners of the ‘Länder’),
—in Denmark
‘bevis for tilladelse til at betegne sig som specialtandlæge i orto-
donti’ (certificate awarding the right to use the title of dentalpractitioner specializing in orthodontics), issued by the ‘Sund-hedsstyrelsen’ (State Board of Health),1978L0686 — EN — 01.01.1995 — 005.001 — 6
▼A1
▼A2
▼A3
▼B
▼B
—in France
‘le titre de spécialiste en orthodontie’ (the title of orthodontic
specialist), issued by the authority recognized competent for this
purpose,
—in Ireland
certificate of specialist dentist in orthodontics, issued by the
competent authority recognized for this purpose by the compe-tent minister,
—in the Netherlands
‘getuigschrift van erkenning en inschrijving als orthodontist in
het Specialistenregister’ (certificate showing that the person
concerned is officially recognized and that his name is entered
as a orthodontist in the specialists' register), issued by the‘Specialisten-Registratiecommissic (SRC)’ (Specialists Registra-tion Board),
—in the United Kingdom
certificate of completion of specialist training in orthodontics,
issued by the competent authority recognized for this purpose,
—in Greece:
‘τίτλος της Οδοωτιατρικής ειδικότητας της Ορθοδοντικής ’
(title attesting to completion of specific orthodontic training)awarded by the competent authority recognized for that purpose,
—in Finland
‘todistus erikoishammaslääkärin oikeudesta oikomishoidon
alalla — bevis om specialisttandläkarrättigheten inom områdettandreglering’ (certificate of orthodontist) issued by the compe-
tent authorities,
—in Sweden
‘bevis om specialistkompetens i tandreglering’ (certificate awar-
dingthe right to use the title of dental practitioner specializing inorthodontics) issued by the National Board of Health andWelfare.
2.Oral surgery
—in Germany
‘fachzahnärztliche Anerkennung für Oralchirurgie/Mundchir-
urgie’ (certificate of oral surgery), issued by the‘Landeszahnärztekammern’ (Chamber of Dental Practitioners ofthe ‘Länder’),
—in Denmark
‘bevis for tilladelse til at betegne sig som specialtandlæge i
hospitalsodontologi’ (certificate conferring the right to use the
title of dental practitioner specialized in hospital odontology),issued by the ‘Sundhedsstyrelsen’ (State Board of Health),
—in Ireland
certificate of specialist dentist in oral surgery, issued by the
competent authority recognized for this purpose by the compe-tent Minister,
—in the Netherlands
‘getuigschrift van erkenning en inschrijving als kaakchirurg in
het Specialistenregister’ (certificate showing that the personconcerned is officially recognized and that his name is enteredas an oral surgeon in the specialists' register), issued by the‘Specialisten-Registratiecommissie (SRC)’ (Specialists Registra-tion Board),1978L0686 — EN — 01.01.1995 — 005.001 — 7
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▼A3
▼B
▼B
—in the United Kingdom
certificate of completion of specialist training in oral surgery,
issued by the competent authority recognized for this purpose,
—in Finland
‘todistus erikoishammaslääkärin oikeudesta suukirurgian
(hammas- ja suukirurgian) alalla — bevis om specialisttandläk-
arrättigheten inom området oralkirurgi (tand- och munkirurgi)’(certificate of oral or dental and oral surgery) issued by thecompetent authorities,
—in Sweden
‘bevis om specialistkompetens i tandsystemets kirurgiska sjukdo-
mar’(certificate awarding the right to use the title of dentalpractitioner specializing in oral surgery) issued by the National
Board of Healthand Welfare.
Article 6
1. Nationals of Member States wishing to acquire one of the
diplomas, certificates or other evidence of formal qualification of prac-titioner of specialized dentistry which are not awarded in the MemberState of origin or the Member State from which the foreign nationalcomes, may be required by a host Member State to fulfil the conditions
of gaining laid down in respect of the speciality by its own laws, regu-
lations or administrative provisions.
2. The host Member State shall, however, take into account, in
whole or in part, the training periods completed by the nationalsreferred to in paragraph1 and attested by possession of a diploma,
certificate or other evidence of formal training awarded by the compe-
tent authorities of the Member State of origin or the Member Statefrom which the foreign national comes, provided such training periodscorrespond to those required in the host Member State for the specia-lized training in question.
3. The competent authorities or bodies of the host Member State,
having verified the content and duration of the specialist training of
the person concerned on the basis of the diplomas, certificates andother evidence of formal qualifications submitted, shall inform him ofthe period of additional training required and of the fields to becovered by it.
CHAPTER IV
EXISTINGCIRCUMSTANCES
Article 7
1. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications do not satisfy all theminimum training requirements laid down in Article 1 of Directive 78/
687/EEC, eachMember State sh all recognize as being sufficient proof
the diplomas, certificates and other evidence of formal qualifications indentistry awarded by those Member States before the implementationof Directive 78/687/EEC, accompanied by a certificate stating thatthose nationals have effectively and lawfully been engaged in the activ-ities in question for at least three consecutive years during the five
years prior to the date of issue of the certificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications in specializeddentistry do not satisfy the minimum training requirements under Arti-cles 2 and 3 of Directive 78/687/EEC, eachMember State sh all
recognize as sufficient proof the diplomas, certificates and other
evidence of formal qualifications in specialized dentistry awarded bythose Member States before the implementation of Directive 78/687/EEC. The Member State may, however, require that such diplomas,certificates and other evidence of formal qualifications be accompaniedby a certificate issued by the competent authorities or bodies of the1978L0686 — EN — 01.01.1995 — 005.001 — 8
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Member State of origin or of the Member State from which the foreign
national comes, stating that he has been engaged in activities of specia-lized dentistry for a period equal to twice the difference between the
length of specialized training in the Member State of origin or in the
Member State from which the foreign national comes and the minimumtraining period referred to in Directive 78/687/EEC where thesediplomas, certificates and other evidence of formal qualifications donot satisfy the minimum training period laid down in Article 2 of
Directive 78/687/EEC.
However, if before this Directive is implemented, the host Member
State requires a minimum training period of shorter duration than that
referred to in Article 2 of Directive 78/687/EEC, the difference
mentioned in the first subparagraph can be determined only by refer-ence to the minimum training period 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 dentistry or in
specialist dentistry (orthodontics and oral surgery) do not conform
withth e qualifications or designations set out in Articles 3 and 5,each Member State shall recognize as being sufficient proof thediplomas, certificates and other evidence of formal qualificationsawarded by those Member States, accompanied by a certificate issued
by the competent authorities or bodies. The certificate shall state that
the diplomas, certificates and other evidence of formal qualificationsas dental practitioner or as specialist dental practitioner (orthodonticsand oral surgery) were awarded following training in accordance withthe provisions of Directive 78/687/EEC, referred to, as appropriate, inArticle 2 or 4 of this Directive, and are treated by the Member State
which awarded them as the qualifications or designations set out, as
appropriate, in Article 3 or 5 of this Directive.
Article 7 a
1. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications as dental practitionerattest to training received on the territory of the former German Demo-cratic Republic which does not satisfy all the minimum trainingrequirements laid down in Article 1 of Directive 78/687/EEC, MemberStates other than Germany shall recognize those diplomas, certificates
and other evidence of formal qualifications as being sufficient proof if:
— they attest to training commenced before German unification,
— they entitle the holder to pursue the activities of a dental practi-
tioner throughout the territory of Germany under the sameconditions as the qualifications awarded by the competent German
authorities and referred to in Article 3 (a), and
— they are accompanied by a certificate issued by the competent
German authorities stating that those nationals have effectively andlawfully been engaged in the activities in question in Germany forat least three consecutive years during the five years prior to the
date of issue of the certificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications as specialist dental
practitioners attest to training received in the territory of the former
German Democratic Republic which does not satisfy the minimumtraining requirements laid down in Articles 2 and 3 of Directive 78/687/EEC, Member States other than Germany shall recognize thosediplomas, certificates and other evidence of formal qualifications as
being sufficient proof if:
— they attest to training commenced before German unification, and
— they entitle the holder to pursue, as a specialist dental practitioner,
the activity in question throughout the territory of Germany underthe same conditions as the qualifications awarded by the competentGerman authorities and referred to in Article 5 (1) and (2).1978L0686 — EN — 01.01.1995 — 005.001 — 9
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They may, however, require that these diplomas, certificates or other
evidence of formal qualifications be accompanied by a certificateissued by the competent German authorities or bodies stating that the
holder has, as a specialist dental practitioner, been engaged in the
activity in question for a period equivalent to twice the differencebetween the period of specialized training received on German territoryand the minimum duration of training laid down in Directive 78/687/EEC, where they do not satisfy the minimum requirements regarding
the duration of training laid down in Article 2 of Directive 78/687/
EEC.
CHAPTER V
USEOFACADEMICTITLE
Article 8
1. Without prejudice to Article 17, host Member States shall ensure
that the nationals of Member States who fulfil the conditions laid downin►
A3Articles 2, 4, 7, 19, 19a and 19b ◄have the right to use the
lawful academic title in so far as this is not identical with the profes-sional title or, where appropriate, the abbreviation thereof, of their
Member State of origin or of the Member State from which they
come, in the language of that State. Host Member States may requirethis title to be followed by the name and location of the establishmentor examining board which awarded it.
2. If the academic title used in the Member State of origin or in the
Member State from which a foreign national comes can be confused inthe host Member State with a title requiring in that State additional
training which the person concerned has not undergone, the host
Member State may require sucha person to use th e title employed inthe Member State of origin or the Member State from which he comesin suitable wording to be drawn up by the host Member State.
CHAPTER VI
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISEOF THE RIGHT OF ESTABLISHMENT ANDFREE D OM TO
PROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF
DENTALPRACTITIONERS
A.Provisionsrelatingspecifically totherightofestablishment
Article 9
1. A host Member State which requires of its nationals proof of
good character or good repute when they take up for the first time
any of the activities referred to in Article 1 shall accept as sufficient
evidence, in respect of nationals of other Member States, a certificateissued by a competent authority in the Member State of origin or theMember State from which the foreign national comes attesting thatthe requirements of the 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 the Member State fromwhich the foreign national comes an extract from the ‘judicial record’
or, failing this, an equivalent document issued by a competent authority
in the Member State of origin or the Member State from which theforeign national comes.
3. If the host Member State has detailed knowledge of a serious
matter which has occurred prior to the establishment of the personconcerned in that State outside its territory and which is likely to affectthe taking up within its territory of the activity concerned, it may1978L0686 — EN — 01.01.1995 — 005.001 — 10
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inform the Member State of origin or the Member State from which the
foreign national comes.
The Member State of origin or the Member State from which the
foreign national comes shall verify the accuracy of the facts if they
are likely to affect in that Member State the taking up of the activityin question. The authorities in that State shall decide on the natureand extent of the investigation to be made and shall inform the hostMember State of any consequential action which they take with regardto the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information
forwarded.
Article 10
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 provision fordisciplinary action in the event of serious professional misconduct orconviction for criminal offences and relating to the pursuit of any ofthe activities referred to in Article 1, the Member State of origin or
the Member State from which the foreign national comes shall forward
to the host Member State all necessary information regarding measuresor disciplinary action of a professional or administrative nature taken inrespect of the person concerned or regarding criminal penaltiesimposed on him when pursuing his profession in the Member State oforigin or in the Member State from which he comes.
2. If the host Member State has detailed knowledge of a serious
matter which has occurred prior to the establishment of the person
concerned in the 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 theforeign national comes.
The Member State of origin or the Member State from which the
foreign national comes shall verify the accuracy of the facts if they
are likely to affect in that Member State the pursuit of the activity inquestion. The authorities in that State shall decide on the nature andextent of the investigation to be made and shall inform the hostMember State of any consequential action which they take with regardto the information they have forwarded in accordance with paragraph
1.
3. Member States shall ensure the confidentiality of the information
forwarded.
Article 11
Where a host Member State requires of its own nationals wishing to
take up or pursue any of the activities referred to in Article 1 a certifi-cate of physical or mental health, that State shall accept as sufficientevidence thereof the presentation of the document required in theMember State of origin or the Member State from which the foreign
national comes.
Where the Member State of origin or the Member State from which the
foreign national comes does not impose any requirements of this natureon those wishing to take up or pursue the activity in question, the hostMember State shall accept from such national a certificate issued by acompetent authority in that State corresponding to the certificatesissued in the host Member State.
Article 12
Documents issued in accordance withArticles 9, 10 and 11 may not be
presented more than three months after their date of issue.1978L0686 — EN — 01.01.1995 — 005.001 — 11
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Article 13
1. The procedure for authorizing the person concerned to take up
any activity referred to in Article 1, pursuant to Articles 9, 10 and 11,must be completed as soon as possible and not later than three monthsafter presentation of all the documents relating to such person, withoutprejudice to delays resulting from any appeal that may be made upon
the termination of this procedure.
2. In the cases referred to in Articles 9 (3) and 10 (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 14
Where a host Member State requires its own nationals wishing to take
up or pursue any of the activities referred to in Article 1 to take an oath
or make a solemn declaration and where the form of such oath ordeclaration cannot be used by nationals of other Member States, thatMember State shall ensure that an appropriate and equivalent form ofoathor declaration is offered to th e person concerned.
B.Provisionsrelating specifically totheprovisionofservices
Article 15
1. Where a Member State requires of its own nationals wishing to
take up or pursue' any of the activities referred to in Article 1 anauthorization or membership of or registration with a professional orga-nization or body, that Member State shall in the case of the provisionof services exempt the nationals of the other Member States from thatrequirement.
The person concerned shall provide services with the same rights and
obligations as the nationals of the host Member State; in particular heshall be subject to the rules of conduct of a professional or administra-tive nature which apply in that Member State.
To this end and in addition to the declaration relating to the provision
of services referred to in paragraph2 Member States may, so as topermit the implementation of the provisions relating to professional
conduct in force in their territory, provide for automatic temporary
registration withor pro forma membership of a professional organiza-
tion or body or entry in a register, provided that such registration doesnot delay or in any way complicate the provision of services or imposeany additional costs on the person providing the services.
Where a host Member State adopts a measure pursuant to the second
subparagraph or becomes aware of facts which run counter to 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 concerning theprovision of his services where they involve a temporary stay in itsterritory.
In urgent cases this declaration may be made as soon as possible after
the services have been provided.
3. Pursuant to paragraphs 1 and 2, the host Member State may
require the person concerned to supply one or more documentscontaining the following particulars:
— the declaration referred to in paragraph 2,
— a certificate stating that the person concerned is lawfully pursuing
the activities in question in the Member State where he is estab-lished,1978L0686 — EN — 01.01.1995 — 005.001 — 12
▼B
— a certificate that the person concerned holds one or other of the
diplomas, certificates or other evidence of formal qualificationsappropriate for the provi sion of the services in question and
referred to in this Directive.
4. The document or documents specified in paragraph 3 may not be
presented more than 12 months after their date of issue.
5. Where a Member State temporarily or permanently deprives, in
whole or in part, one of its nationals or a national of another MemberState established in its territory of the right to pursue any of the activ-ities referred to in Article 1, it shall, as appropriate, ensure the
temporary or permanent withdrawal of the certificate referred to in the
second indent of paragraph3.
Article 16
Where registration with a public social security body is required in a
host Member State for the settlement with insurance bodies of accountsrelating to services rendered to persons insured under social securityschemes, that Member State shall exempt nationals of Member Statesestablished in another Member State from this requirement in cases of
provision of services entailing travel on the part of the person
concerned.
In all cases of provision of services entailing travel on the part of the
person concerned, the host Member State may require him to supplyinformation to this body in advance, or, in urgent cases, at the earliestopportunity, concerning the services provided.
C.Provisionscommontotherightofestablishmentandfreedomto
provideservices
Article 17
1. Where in a host Member State the use of the professional title
relating to any of the activities referred to in Article 1 is subject to
rules, nationals of other Member States who fulfil the conditions
►
A3laid down in Articles 2, 7 (1), 19, 19a and 19b ◄shall use the
professional title of the host Member State which, in that State, corre-sponds to those conditions of qualification and shall use theabbreviated title.
2. Paragraph 1 shall also apply to the use of professional titles of
practitioner of specialized dentistry by those who fulfil the conditions
laid down in Articles 4 and 7 (2) respectively.
Article 18
1. Member States shall take the necessary measures to enable the
persons concerned to obtain information on the health and social
security laws and, where applicable, on the professional ethics of thehost Member State.
For this purpose Member States may set up information centres from
which such persons may obtain the necessary information. In the caseof establishment, the host Member States may require the person
concerned to contact these centres.
2. Member States may set up the centres referred to in paragraph 1
within the competent authorities and bodies which they must designatewithin the period laid down in Article 24 (1).
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 for the exercise of their profession inthe host Member State.1978L0686 — EN — 01.01.1995 — 005.001 — 13
▼B
CHAPTER VII
TRANSITIONAL PROVISIONS COVERING THE SPECIAL
CASEOFITALY
Article 19
From the date on which Italy takes the measures necessary to comply
with this Directive, Member States shall recognize, for the purposes ofcarrying out the activities referred to in Article 1 of this Directive, thediplomas, certificates and other evidence of formal qualifications in
medicine awarded in Italy to persons who had begun their university
medical training not later than 18 months after notification of thisDirective, accompanied by a certificate issued by the competent Italianauthorities, certifying that these persons have effectively, lawfully andprincipally been engaged in Italy in the activities specified in Article 5of Directive 78/687/EEC for at least three consecutive years during the
five years prior to the issue of the certificate and that these persons are
authorized to carry out the said activites under the same conditions asholders of the diploma, certificate or other evidence of formal qualifi-cations referred to in Article 3 (f) of this Directive.
The requirement of three years' experience referred to in the first
subparagraph shall be waived in the case of persons who have success-fully completed at least three years of study which are certified by the
competent authorities as being equivalent to the training referred to in
Article 1 of Directive 78/687/EEC.
Article 19a
From the date on which the Kingdom of Spain takes the measures
necessary to comply with this Directive, Member States shall recog-
nize, for the purposes of carrying out the activities referred to inArticle 1 of this Directive, the diplomas, certificates and other evidenceof formal qualifications in medicine awarded in Spain to persons whohad begun their university medical training before accession, accompa-
nied by a certificate issued by the competent Spanish authorities,
certifying that these persons have effectively, lawfully and principallybeen engaged in Spain in the activities specified in Article 5 of Direc-tive 78/687/EEC for at least three consecutive years during the fiveyears prior to the issue of the certificate and that these persons areauthorized to carry out the said activities under the same conditions as
holders of the diploma, certificate or other evidence of formal qualifi-
cations referred to in Article 3 (k) of this Directive.
The requirement of three years' experience referred to in the first
subparagraph shall be waived in the case of persons who have success-fully completed at least three years of study which are certified by thecompetent authorities as being equivalent to the training referred to inArticle 1 of Directive 78/687/EEC.
Article 19b
From the date on which the Republic of Austria takes the measures
necessary to comply with this Directive, the Member States shallrecognize, for the purposes of carrying out the activities referred to in
Article 1 of this Directive, the diplomas, certificates and other evidence
of formal qualifications in medicine awarded in Austria to persons whohad begun their university training before 1 January 1994, accompaniedby a certificate issued by the competent Austrian authorities, certifyingthat these persons have effectively, lawfully and principally been
engaged in Austria in the activities specified in Article 5 of Directive
78/687/EEC for at least three consecutive years during the five yearsprior to the issue of the certificate and that these persons are authorizedto carry out the said activities under the same conditions as holders ofthe diploma, certificate or other evidence of formal qualificationsreferred to in Article 3 (m).1978L0686 — EN — 01.01.1995 — 005.001 — 14
▼A2
▼A3
▼A3
The requirement of three years' experience referred to in the first
subparagraph shall be waived in the case of persons who have success-fully completed at least three years of study which are certified by the
competent authorities as being equivalent to the training referred to in
Article 1 of Directive 78/687/EEC.
CHAPTER VIII
FINALPROVISIONS
Article 20
Member States which require their own nationals to complete a
preparatory training period in order to become eligible for appointment
as a dental practitioner of a social security scheme may impose the
same requirement on nationals of the other Member States for a periodof eight years following notification of this Directive. The trainingperiod may not, however, exceed six months.
Article 21
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 formal
qualifications issued in that other Member State and referred to in
Chapters II, III and IV, and also confirmation that the person concernedhas fulfilled all the training requirements laid down in Directive 78/687/EEC.
Article 22
Within the time limit laid down in Article 24 (1), Member States shall
designate the authorities and bodies competent to issue or receive thediplomas, certificates and other evidence of formal qualifications as
well as the documents and information referred to in this Directive
and shall forthwith inform the other Member States and the Commis-sion thereof.
Article 23
The Directive shall also apply to the nationals of Member States who,
in accordance withRegulation (EEC) No 1612/68, are or will bepursuing as employed persons any of the activities referred to in Article1.
Article 24
1. Member States shall take the measures necessary to comply with
this Directive within 18 months of its notification and shall forthwith
inform the Commission thereof. However, Italy shall take these
measures within a maximum period of six years and in any eventwhen it takes those necessary to comply with Directive 78/687/EEC.
2. Member States shall forward to the Commission the texts of the
main provisions of national law which they adopt in the field coveredby this Directive.
Article 25
Where a Member State encounters major difficulties in certain fields
when applying this Directive, the Commission shall examine these
difficulties in conjunction with that State and shall request the opinion
of the Committee of Senior Officials on Public Health set up by Deci-sion 75/365/EEC(
1), as last amended by Decision 78/689/EEC(2).1978L0686 — EN — 01.01.1995 — 005.001 — 15
(1) OJ No L 167, 30. 6. 1975, p. 19.
(2) See page 17 of this Official Journal.▼B
▼B
Where necessary, the Commission shall submit appropriate proposals to
the Council.
Article 26
This Directive is addressed to the Member States.1978L0686 — EN — 01.01.1995 — 005.001 — 16