1978L0686 — EN — 31.07.2001 — 006.001 — 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
►M3Directive 2001/19/EC of the European Parliament and of the Council of
14 May 2001L 206 1 31.7.2001
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 C 241 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 Articles49, 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 with regard to establishment and provision of services isprohibited asfrom the end of the trans itional period; whereasthe prin-ciple of such treatment based on nationality applies in particular to thegrant of any authorization required to practise as a dental practitionerand also to registration with or membership of professional organiza-
tionsor 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;
WhereasArticle 57 (1) of the Treaty providesthat Directivess hall 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 formalqualificationsof a dental practitioner enabling activitiesin the field ofdentistry to be taken up and pursued and the recognition of diplomas,certificatesand other evidence of formal qualificationsin res pect 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 thelength of training courses for such specializations, certain coordinatingprovisions intended to enable Member States to proceed with the
mutual recognition of diplomas, certificates and other evidence of
formal qualifications should be laid down; whereas such coordinationhasbeen effected by Council Directive 78/687/EEC of 25 Augus t1978 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 — 31.07.2001 — 006.001 — 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 thisOfficial journal.
▼B
evidence of formal qualificationsasa pratitioner of s pecialized
dentistry which are not common to all the Member States, withouthowever excluding the possibility of subsequent harmonization in this
field; whereasit wascons idered in thisconnection 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 authoritiesof hisMember State of origin or of the Member State
from which he comes stating that these certificates of training are those
covered by thisDirective;
Whereas, in the case of the provision of services, the requirement of
registration with or membership 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 hisactivity; whereasthisrequirement s hould
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 , asfar asthe activitiesof employed dental practitionersare
concerned, Council Regulation (EEC) No 1612/68 of 15 October 1968
on freedom of move ment for workerswithin 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 both to employed and self-employed persons;whereasthe activitiesof dental practitionersare or will be s ubject in
all Member States to possession of a diploma, certificate or other
evidence of formal qualification in dentistry; whereas such activitiesare pursued by both employed and self-employed persons, or by thesame 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 thisDirective 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 diplomasof dental practitionersawarded 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 thisDirective;
Whereas, in these circumstances, it is necessary to defer on the one
hand the obligation of Italy to recognize diplomasawarded by the other1978L0686 — EN — 31.07.2001 — 006.001 — 3
(1) OJ No L 257, 19.10.1968, p. 2.
▼B
Member Statesand on the other hand that of the Member Statesto
recognize diplomasawarded in Italy asreferred to in Article 19,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE
Article 1
ThisDirective s hall apply to the activitiesof dental practitionersas
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 qualificationsin dentis try awarded to nationalsofMember Statesby the other Member Statesin accordance with Article1 of Directive 78/697/EEC and which are ►
M3listed in Annex A ◄1978L0686 — EN — 31.07.2001 — 006.001 — 4
▼M1
▼B
▼A1
▼A2
▼A3
▼B
▼B
of this Directive, by giving such qualifications, as far as the right to
take up and pursue the activities of a dental practitioner is concerned,the same effect in its territory as those which the Member States itself
awards.
CHAPTER III
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMALQUALIFICATIONSINSPECIALISEDDENTISTRY
Article 4
Each Member State with provisions in this field laid down by law,
regulation or administrative action shall recognise the diplomas, certifi-catesand other evidence of formal qualificationsof dental practitioners
specialising in orthodontics and oral surgery awarded to nationals of
Member Statesby other Member Statesin accordance with Articles2and 3 of Directive 78/687/EEC and which are listed in Annex B, bygranting such qualifications the same effect in its territory as thediplomas, certificates and other evidence of formal qualifications whichit itself awards.
Article 6
1. Nationalsof Member Stateswis hing 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 Member
State of origin or the Member State from which the foreign national
comes, may be required by a host Member State to fulfil the conditionsof 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 periodscompleted by the nationals
referred to in paragraph 1 and attested by possession of a diploma,
certificate or other evidence of formal training awarded by the compe-tent authoritiesof 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.
It shall also take into account any professional experience, additional
training and continuing dental education they possess.
3. The competent authoritiesor bodiesof the hos t Member State,
having assessed the content and duration of the training of the personconcerned on the basis of the diplomas, certificates and other evidence
of formal qualifications submitted, and taking into account any profes-
sional experience, additional training and continuing dental educationthat he possesses, shall inform him of the period of additional trainingrequired and of the fieldsto be covered by it.
4. The Member State shall give its decision within four months of
the date on which the applicant submits his application together withfull supporting documentation.1978L0686 — EN — 31.07.2001 — 006.001 — 5
▼M3
▼B
▼M3
▼B
▼M3
▼B
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 requirementslaid down in Article 1 of Directive 78/687/EEC, each Member State shall recognize as being sufficient proofthe diplomas, certificates and other evidence of formal qualifications in
dentistry awarded by those Member States before the implementation
of 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 fiveyears prior to the date of issue of the certificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficatesand other evidence of formal qualificationsin s pecializeddentistry do not satisfy the minimum training requirements under Arti-cles2 and 3 of Directive 78/687/EEC, each Member State s hall
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,certificatesand other evidence of formal qualificationsbe accompanied
by a certificate issued by the competent authorities or bodies of the
Member State of origin or of the Member State from which the foreignnational comes, stating that he has been engaged in activities of specia-lized dentistry for a period equal to twice the difference between thelength of specialized training in the Member State of origin or in theMember State from which the foreign national comesand the minimum
training period referred to in Directive 78/687/EEC where these
diplomas, certificates and other evidence of formal qualifications donot satisfy the minimum training period laid down in Article 2 ofDirective 78/687/EEC.
However, if before thisDirective isimplemented, the hos t Member
State requiresa minimum training period of s horter duration than thatreferred to in Article 2 of Directive 78/687/EEC, the differencementioned 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-
ficatesand other evidence of formal qualificationsin dentis try or inspecialist dentistry (orthodontics and oral surgery) do not conformwith the qualifications or designations set out in ►
M3AnnexesA
and B◄, each Member State shall recognize as being sufficient proof
the diplomas, certificates and other evidence of formal qualificationsawarded by those Member States, accompanied by a certificate issuedby the competent authorities or bodies. The certificate shall state thatthe diplomas, certificates and other evidence of formal qualifications
asdental practitioner or ass pecialis t dental practitioner (orthodontics
and oral surgery) were awarded following training in accordance withthe provisions of Directive 78/687/EEC, referred to, as appropriate, inArticle 2 or 4 of thisDirective, and are treated by the Member Statewhich awarded them as the qualifications or designations set out, asappropriate, in ►
M3AnnexesA and B ◄of thisDirective.
Article 7 a
1. In the case of nationals of Member States whose diplomas, certi-
ficatesand other evidence of formal qualificationsasdental practitioner
attest to training received on the territory of the former German Demo-cratic Republic which does not satisfy all the minimum trainingrequirementslaid down in Article 1 of Directive 78/687/EEC, MemberStates other than Germany shall recognize those diplomas, certificatesand other evidence of formal qualificationsasbeing s ufficient proof if:
— they attest to training commenced before German unification,1978L0686 — EN — 31.07.2001 — 006.001 — 6
▼M1
▼M2
▼M2
— they entitle the holder to pursue the activities of a dental practi-
tioner throughout the territory of Germany under the sameconditionsasthe qualificationsawarded by the competent German
authoritiesand referred to in ►
M3Annex 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 activitiesin ques tion in Germany 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 as specialist dental
practitionersattes t to training received in the territory of the formerGerman Democratic Republic which does not satisfy the minimumtraining requirementslaid down in Articles2 and 3 of Directive 78/687/EEC, Member States 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, and
— they entitle the holder to pursue, as a specialist dental practitioner,
the activity in question throughout the territory of Germany under
the same conditions as the qualifications awarded by the competent
German authoritiesand referred to in ►
M3Annex B ◄.
They may, however, require that these diplomas, certificates or other
evidence of formal qualificationsbe accompanied by a certificate
issued by the competent German authorities or bodies stating that theholder has, as a specialist dental practitioner, been engaged in theactivity 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 nationalsof Member Stateswho fulfil the conditionslaid down
in►A3Articles2, 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 theirMember State of origin or of the Member State from which theycome, in the language of that State. Host Member States may require
this title to be followed by the name and location of the establishment
or 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 comescan be confus ed in
the host Member State with a title requiring in that State additionaltraining which the person concerned has not undergone, the hostMember State may require such a person to use the title employed inthe Member State of origin or the Member State from which he comesin suitable wording to be drawn up by the host Member State.1978L0686 — EN — 31.07.2001 — 006.001 — 7
▼B
▼B
CHAPTER VI
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE
OF THE RIGHT OF ESTABLISHMENT ANDFREE D OM TOPROVIDE 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 comesattes ting thatthe requirementsof the Member State asto good character or goodrepute 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 comesdoesnot require proof of good char-acter or good repute of persons wishing to take up the activity inquestion for the first time, the host Member State may require of
nationalsof the Member State of origin or the Member State from
which the foreign national comesan extract from the ‘judicial record’or, failing this, an equivalent document issued by a competent authorityin 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 itsterritory of the activity concerned, it mayinform 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 comess hall verify the accuracy of the factsif theyare likely to affect in that Member State the taking up of the activity
in question. The authorities in that State shall decide on the nature
and extent of the investigation to be made and shall inform the hostMember State of any consequential action which they take with regardto the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information
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-
mentsasto good character or good repute, including provis ion fordisciplinary action in the event of serious professional misconduct orconviction for criminal offencesand relating to the purs uit of any ofthe activitiesreferred to in Article 1, the Member State of origin or
the Member State from which the foreign national comess hall 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 personconcerned in the State outside its territory and which is likely to affectthe pursuit within its territory of the activity concerned, it may inform
the Member State of origin or the Member State from which the
foreign national comes.
The Member State of origin or the Member State from which the
foreign national comess hall verify the accuracy of the factsif they1978L0686 — EN — 31.07.2001 — 006.001 — 8
▼B
are likely to affect in that Member State the pursuit of the activity in
question. The authorities in that State shall decide on the nature andextent of the investigation to be made and shall inform the host
Member State of any consequential action which they take with regard
to the information they have forwarded in accordance with paragraph1.
3. Member States shall ensure the confidentiality of the information
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 foreignnational comes.
Where the Member State of origin or the Member State from which the
foreign national comesdoesnot impos e any requirementsof thisnature
on those wishing to take up or pursue the activity in question, the host
Member 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 with Articles 9, 10 and 11 may not be
presented more than three months after their date of issue.
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 months
after presentation of all the documents relating to such person, withoutprejudice to delaysres ulting from any appeal that may be made uponthe termination of thisprocedure.
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 oathor 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 ofoath or declaration isoffered to the pers on concerned.
B.Provisionsrelating specifically totheprovisionofservices
Article 15
1. Where a Member State requiresof itsown nationalswis hing 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
obligationsasthe nationalsof the hos t Member State; in particular he1978L0686 — EN — 31.07.2001 — 006.001 — 9
▼B
shall be subject to the rules of conduct of a professional or administra-
tive nature which apply in that Member State.
To thisend and in addition to the declaration relating to the provis ion
of services referred to in paragraph 2 Member States may, so as topermit the implementation of the provisions relating to professionalconduct in force in their territory, provide for automatic temporaryregistration with or pro forma membership of a professional organiza-
tion or body or entry in a register, provided that such registration does
not delay or in any way complicate the provision of services or impose
any 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 person
concerned is established.
2. The host Member State, may require the person concerned to
make a prior declaration to the competent authoritiesconcerning 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 documents
containing the following particulars:
— the declaration referred to in paragraph 2,
— a certificate stating that the person concerned is lawfully pursuing
the activities in question in the Member State where he is estab-
lished,
— a certificate that the person concerned holds one or other of the
diplomas, certificates or other evidence of formal qualificationsappropriate for the provi sion of the services in question andreferred to in thisDirective.
4. The document or documentss pecified 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 itsnationalsor 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 thesecond indent of paragraph 3.
Article 16
Where registration with a public social security body is required in a
host Member State for the settlement with insurance bodies of accounts
relating to services rendered to persons insured under social security
schemes, that Member State shall exempt nationals of Member Statesestablished in another Member State from this requirement in cases ofprovision of services entailing travel on the part of the personconcerned.
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 activitiesreferred to in Article 1 iss ubject torules, nationals of other Member States who fulfil the conditions►
A3laid down in Articles2, 7 (1), 19, 19a and 19b ◄shall use the1978L0686 — EN — 31.07.2001 — 006.001 — 10
▼B
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 conditionslaid down in Articles4 and 7 (2) res pectively.
Article 18
1. Member States shall take the necessary measures to enable the
persons concerned to obtain information on the health and socialsecurity laws and, where applicable, on the professional ethics of the
host Member State.
For this purpose Member States may set up information centres from
which such persons may obtain the necessary information. In the caseof establishment, the host Member States may require the person
concerned to contact these centres.
2. Member Statesmay s et up the centresreferred 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.
CHAPTER VII
TRANSITIONAL PROVISIONS COVERING THE SPECIAL
CASEOFITALY
Article 19
►M31.◄From the date on which Italy takesthe meas ures
necessary to comply with this Directive, Member States shall recog-
nize, for the purposes of carrying out the activities referred to in
Article 1 of thisDirective, the diplomas , certificatesand other evidenceof formal qualificationsin medicine awarded in Italy to pers onswhohad begun their university medical training not later than 18 monthsafter notification of this Directive, accompanied by a certificate issuedby the competent Italian authorities, certifying that these persons have
effectively, lawfully and principally been engaged in Italy in the activ-
ities specified in Article 5 of Directive 78/687/EEC for at least threeconsecutive years during the five years prior to the issue of the certifi-cate and that these persons are authorized to carry out the said activitesunder the same conditions as holders of the diploma, certificate or
other evidence of formal qualificationsreferred to in ►
M3Annex
A◄of thisDirective.
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 authoritiesasbeing equivalent to the training referred to inArticle 1 of Directive 78/687/EEC.
2. Member States shall recognise the diplomas, certificates and other
evidence of formal qualificationsin medicine awarded in Italy topersons who commenced their university medical training between 28
January 1980 and 31 December 1984 and accompanied by a certificate
issued by the Italian competent authorities stating:
— that the persons concerned have passed the specialist aptitude test
set by the Italian competent authorities in order to ascertain thatthey possess a level of knowledge and skills comparable to thoseof persons holding the qualification listed for Italy in Annex A;
— that they have effectively, lawfully and principally been engaged in
Italy in the activitiess pecified in Article 5 of Directive 78/687/EEC1978L0686 — EN — 31.07.2001 — 006.001 — 11
▼M3
▼M3
for at least three consecutive years during the five years prior to the
issue of the certificate;
— and that they are authorised to engage in, or are effectively,
lawfully and principally engaged in, the activitiesreferred to inArticle 5 of Directive 78/687/EEC, subject to the same conditionsasholdersof the qualification lis ted for Italy in Annex A to thisDirective.
The requirement to take the aptitude test referred to in the first subpar-
agraph shall be waived in the case of persons who have successfullycompleted at least three years' of study which are certified by the
competent authoritiesasbeing 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 takesthe meas ures
necessary to comply with this Directive, Member States shall recog-nize, for the purposes of carrying out the activities referred to inArticle 1 of thisDirective, the diplomas , certificatesand other evidenceof formal qualificationsin medicine awarded in Spain to pers onswho
had 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 activitiess pecified 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 are
authorized to carry out the said activities under the same conditions as
holdersof the diploma, certificate or other evidence of formal qualifi-cationsreferred to in ►
M3Annex A ◄of thisDirective.
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 authoritiesasbeing 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 shall
recognize, for the purposes of carrying out the activities referred to in
Article 1 of thisDirective, the diplomas , certificatesand other evidenceof 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, certifying
that these persons have effectively, lawfully and principally been
engaged in Austria in the activities specified in Article 5 of Directive78/687/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 qualifications
referred to in ►
M3Annex A ◄.
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 authoritiesasbeing equivalent to the training referred to inArticle 1 of Directive 78/687/EEC.
CHAPTER VIII
FINALPROVISIONS
Article 20
Member Stateswhich require their own nationalsto complete a
preparatory training period in order to become eligible for appointment1978L0686 — EN — 31.07.2001 — 006.001 — 12
▼A2
▼A3
▼B
▼B
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 yearsfollowing notification of thisDirective. The training
period may not, however, exceed six months.
Article 21
In the event of justified doubts, the host Member State may require of
the competent authoritiesof another Member State confirmation of the
authenticity of the diplomas, certificates and other evidence of formalqualifications issued in that other Member State and referred to inChapters II, III and IV, and also confirmation that the person concernedhasfulfilled all the training requirementslaid down in Directive 78/687/EEC.
Article 22
Within the time limit laid down in Article 24 (1), Member Statess hall
designate the authorities and bodies competent to issue or receive thediplomas, certificates and other evidence of formal qualifications as
well asthe documentsand information referred to in thisDirective
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 with Regulation (EEC) No 1612/68, are or will bepursuing as employed persons any of the activities referred to in Article1.
Article 23a
Member States shall notify the Commission of the laws, regulations or
administrative provisions they adopt as regards the award of diplomas,
certificatesand other evidence of formal qualificationsin the fieldcovered by this Directive. The Commission shall publish an appropriatenotice in the Official Journal of the European Communities , listing the
namesadopted by the Member Statesfor the training qualifications
concerned and, where applicable, for the corresponding professional
title.
Article 23b
Each Member State shall recognise as sufficient proof, in respect of
nationals of Member States whose diplomas, certificates and other
evidence of formal qualificationsin the field covered by thisDirectivedo not correspond to the names listed for that Member State in thisDirective, the diplomas, certificates and other evidence of formal quali-ficationsawarded by thos e Member Statesand accompanied by acertificate issued by the competent authorities or bodies. The certificate
shall state that the diplomas, certificates and other evidence of formal
qualificationsin ques tion have been awarded on completion of educa-tion and training that complieswith the provis ionsof thisDirective andare treated by the awarding Member State as equivalent to those whosenamesare lis ted therein.
Article 23c
Member States shall examine diplomas, certificates and other evidence
of formal qualificationsin the field covered by thisDirective obtainedby the holder outside the European Union in cases where those
diplomas, certificates and other evidence of formal qualifications have
been recognis ed in a Member State, aswell asof training undergoneand/or professional experience gained in a Member State. The MemberState shall give its decision within three months of the date on whichthe applicant submits his application together with full supportingdocumentation.1978L0686 — EN — 31.07.2001 — 006.001 — 13
▼M3
▼M3
Article 23d
Where the application isrejected, Member Statess hall duly give the
reasons for decisions on applications for recognition of diplomas, certi-
ficatesand other evidence of formal qualificationsin the field covered
by thisDirective.
Applicantss hall have a right of appeal before the courtsunder national
law. That right of appeal shall likewise apply in the event of failure toreach a decision within the stipulated period.
Article 24
1. Member States shall take the measures necessary to comply with
thisDirective within 18 monthsof itsnotification and s hall forthwithinform the Commission thereof. However, Italy shall take these
measures within a maximum period of six years and in any event
when 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 thisDirective.
Article 25
Where a Member State encountersmajor difficultiesin certain fields
when applying this Directive, the Commission shall examine thesedifficulties in conjunction with that State and shall request the opinion
of the Committee of Senior Officialson Public Health s et up by Deci-
sion 75/365/EEC(
1), as last amended by Decision 78/689/EEC(2).
Where necessary, the Commission shall submit appropriate proposals to
the Council.
Article 26
This Directive is addressed to the Member States.1978L0686 — EN — 31.07.2001 — 006.001 — 14
(1) OJ No L 167, 30. 6. 1975, p. 19.
(2) See page 17 of thisOfficial Journal.▼B
ANNEX A
Titlesofdiplomas,certificates andotherevidenceofformalqualificationsindentistry
Country Title of qualification Awarding body Certificate accompanying qualification
Belgique/België/
Belgien— Diploma van tandarts
— Diplôme de licencié en science
dentaire1. De universiteiten/les universités
2. De bevoegde Examencommissie van
de Vlaamse Gemeenschap/le Jury
compétent d'enseignement de la
Communauté française
Danmark Bevisfor tandlægeeks amen (odontolo-
gisk kandidateksamen)Tandlægehøjskolerne, Sundhedsvidens-
kabeligt universitetsfakultetAutorisation som tandlæge, udstedt af
Sundhedsstyrelsen
Deutschland Zeugnis über die Zahnärztliche Prüfung Zuständige BehördenΕλλάς Πτυχίο Οδοντιατρικής ΠανεπιστήµιοEspaña Título de Licenciado en Odontología El rector de una Universidad
France Diplôme d'Etat de docteur en chirurgie
dentaireUniversités
Ireland Bachelor in Dental Science (B.Dent.Sc.)
/ Bachelor of Dental Surgery (BDS) /
Licentiate in Dental Surgery (LDS)Universities / Royal College of
Surgeonsin Ireland
Italia Diploma di laurea in Odontoiatria e
Protesi DentariaUniversità Diploma di abilitazione all'esercizio
dell'odontoiatria e protesi dentaria
Luxembourg Diplôme d'Etat de docteur en médecine
dentaireJury d'examen d'Etat
Nederland Universitair getuigschrift van een met
goed gevolg afgelegd tandartsexamenFaculteit Tandheelkunde
Österreich Bescheid über die Verleihung des
akademischen Grades ‘Doktor der
Zahnheilkunde’Medizinische Fakultät der Universität▼M31978L0686 — EN — 31.07.2001 — 006.001 — 15
Country Title of qualification Awarding body Certificate accompanying qualification
Portugal Carta de curso de licenciatura em medi-
cina dentáriaFaculdade / Institutos Superiores
Suomi/Finland Hammaslääketieteen lisensiaatin
tutkinto / odontologie licentiatexamen1. Helsingin yliopisto / Helsingfors
universitet
2. Oulun yliopisto
3. Turun yliopistoTerveydenhuollon oikeusturvakeskuksen
päätöskäytännön palvelun hyväks ymi-
sestä / Beslut av Rättsskyddscentralen för
hälsovården om godkännande av praktisk
tjänstgöring
Sverige Tandläkarexamen Universitetet i Umeå
Universitetet i GöteborgKarolinska Institutet
Malmö HögskolaEndast för examensbevis som erhållits
före den 1 juli 1995, ett utbildningsbevis
som utfärdats av Socialstyrelsen
United Kingdom Bachelor of Dental Surgery (BDS or
B.Ch.D.) / Licentiate in Dental SurgeryUniversities / Royal Colleges▼M31978L0686 — EN — 31.07.2001 — 006.001 — 16
ANNEX B
Titlesofdiplomas,certificates andotherevidence offormalqualificationsinspecialiseddentistry
1.Orthodontics
Country Title of qualification Awarding bodyCertificate accompa-
nying qualification
Belgique/België/
Belgien—
Danmark Bevis for tilladelse til at betegne sig som special-
tandlæge i ortodontiSundhedsstyrelsen
Deutschland Fachzahnärztliche Anerkennung für Kiefer-
orthopädieLandeszahnärztekammer
Ελλάς Τίτλος Οδοντιατρικής ειδικότητας της
Ορθοδοντικής1)Νοµαρχιακή Αυτοδιοίκηση
2)Νοµαρχία
España —France Titre de spécialiste en orthodontie Conseil National de l'Ordre des chirurgiens
dentistes
Ireland Certificate of specialist dentist in orthodontics Competent authority recognised for this purpose
by the competent minister
Italia —Luxembourg —Nederland Bewijs van inschrijving als orthodontist in het
SpecialistenregisterSpecialisten Registratie Commissie (SRC) van de
Nederlandse Maatschappij tot bevordering der
Tandheelkunde
Österreich —
Portugal —▼M31978L0686 — EN — 31.07.2001 — 006.001 — 17
Country Title of qualification Awarding bodyCertificate accompa-
nying qualification
Suomi/Finland Erikoishammaslääkärin tutkinto, hampaiston oiko-
mishoito / specialtandläkarexamen, tandreglering1. Helsingin yliopisto / Helsingfors universitet
2. Oulun yliopisto
3. Turun yliopisto
Sverige Bevis om specialistkompetens i tandreglering SocialstyrelsenUnited Kingdom Certificate of Completion of specialist training in
orthodonticsCompetent authority recognised for this purpose
2.Oral surgery
Country Title of qualification Awarding bodyCertificate accompa-
nying qualification
Belgique/België/
Belgien—
Danmark Bevis for tilladelse til at betegne sig som special-
tandlæge i hospitalsodontologiSundhedsstyrelsen
Deutschland Fachzahnärztliche Anerkennung für Oralchirurgie/
MundchirurgieLandeszahnärztekammer
Ελλάς Τίτλος Οδοντιατρικής ειδικότητας της
Γναθοχειρουργικής1)Νοµαρχιακή Αυτοδιοίκηση
2)Νοµαρχία
España —
France —Ireland Certificate of specialist dentist in oral surgery Competent authority recognised for this purpose
by the competent minister
Italia —
Luxembourg —▼M31978L0686 — EN — 31.07.2001 — 006.001 — 18
Country Title of qualification Awarding bodyCertificate accompa-
nying qualification
Nederland Bewijsvan ins chrijving alskaakchirurg in het
SpecialistenregisterSpecialisten Registratie Commissie (SRC) van de
Nederlandse Maatschappij tot bevordering der
Tandheelkunde
Österreich —
Portugal —
Suomi/Finland Erikoishammaslääkärin tutkinto, suu- ja leukakir-
urgia / specialtandläkarexamen, oral och
maxillofacial kirurgi1. Helsingin yliopisto / Helsingfors universitet
2. Oulun yliopisto3. Turun yliopisto
Sverige Bevis om specialistkompetens i tandsystemets
kirurgiska sjukdomarSocialstyrelsen
United Kingdom Certificate of completion of specialist training in
oral surgeryCompetent authority recognised for this purpose▼M31978L0686 — EN — 31.07.2001 — 006.001 — 19