1998L0005 — EN — 01.05.2004 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B DIRECTIVE 98/5/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 February 1998
to facilitate practice of the profession of lawyer on a permanent basis in a Member State other
than that in which the qualification was obtained
(OJ L 77, 14.3.1998, p. 36)
Amended by:
Official Journal
No page date
►A1 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
▼B
DIRECTIVE 98/5/EC OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL
of 16 February 1998
to facilitate practice of the profession of lawyer on a permanent
basis in a Member State other than that in which the qualification
was obtained
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 49, Article 57(1) and the first and third sentences
of Article 57(2) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the Economic and Social
Committee (2),
Acting in accordance with the procedure laid down in Article 189b of
the Treaty (3),
(1) Whereas, pursuant to Article 7a of the Treaty, the internalmarket is to comprise an area without internal frontiers; whereas,pursuant to Article 3(c) of the Treaty, the abolition, as betweenMember States, of obstacles to freedom of movement for
persons and services constitutes one of the objectives of the
Community; whereas, for nationals of the Member States, thismeans among other things the possibility of practising a profes-sion, whether in a self-employed or a salaried capacity, in aMember State other than that in which they obtained their
professional qualifications;
(2) Whereas, pursuant to Council Directive 89/48/EEC of 21December 1988 on a general system for the recognition of
higher-education diplomas awarded on completion of profes-sional education and training of at least three years' duration (
4),
a lawyer who is fully qualified in one Member State may alreadyask to have his diploma recognised with a view to establishinghimself in another Member State in order to practise the profes-
sion of lawyer there under the professional title used in that
State; whereas the objective of Directive 89/48/EEC is to ensurethat a lawyer is integrated into the profession in the hostMember State, and the Directive seeks neither to modifiy therules regulating the profession in that State nor to remove such
a lawyer from the ambit of those rules;
(3) Whereas while some lawyers may become quickly integratedinto the profession in the host Member State, inter alia by
passing an aptitude test as provided for in Directive 89/48/EEC,other fully qualified lawyers should be able to achieve such inte-gration after a certain period of professional practice in the hostMember State under their home-country professional titles orelse continue to practise under their home-country professional
titles;
(4) Whereas at the end of that period the lawyer should be able tointegrate into the profession in the host Member States after
verification that the possesses professional experience in thatMember State;1998L0005 — EN — 01.05.2004 — 001.001 — 2
(1) OJ C 128, 24. 5. 1995, p. 6 and
OJ C 355, 25. 11. 1996, p. 19.
(2) OJ C 256, 2. 10. 1995, p. 14.
(3) Opinion of the European Parliament of 19 June 1996 (OJ C 198, 8. 7. 1996,
p. 85), Council Common Position of 24 July 1997 (OJ C 297, 29. 9. 1997, p.
6), Decision of the European Parliament of 19 November 1997 (Council
Decision of 15 December 1997).
(4) OJ L 19, 24. 1. 1989, p. 16.
▼B
(5) Whereas action along these lines is justified at Community level
not only because, compared with the general system for the
recognition of diplomas, it provides lawyers with an easiermeans whereby they can integrate into the profession in a hostMember State, but also because, by enabling lawyers to practiseunder their home-country professional titles on a permanentbasis in a host Member State, it meets the needs of consumers
of legal services who, owing to the increasing trade flows
resulting, in particular, from the internal market, seek advicewhen carrying out cross-border transactions in which interna-tional law, Community law and domestic laws often overlap;
(6) Whereas action is also justified at Community level becauseonly a few Member States already permit in their territory the
pursuit of activities of lawyers, otherwise than by way of provi-
sion of services, by lawyers from other Member States practisingunder their home-country professional titles; whereas, however,in the Member States where this possibility exists, the practicaldetails concerning, for example, the area of activity and the obli-
gation to register with the competent authorities differ
considerably; whereas such a diversity of situations leads toinequalities and distortions in competition between lawyersfrom the Member States and constitutes an obstacle to freedomof movement; whereas only a directive laying down the condi-tions governing practice of the profession, otherwise than by
way of provision of services, by lawyers practising under their
home-country professional titles is capable of resolving thesedifficulties and of affording the same opportunities to lawyersand consumers of legal services in all Member States;
(7) Whereas, in keeping with its objective, this Directive does notlay down any rules concerning purely domestic situations, and
where it does affect national rules regulating the legal profession
it does so no more than is necessary to achieve its purpose effec-tively; whereas it is without prejudice in particular to nationallegislation governing access to and practice of the profession oflawyer under the professional title used in the host Member
State;
(8) Whereas lawyers covered by the Directive should be required to
register with the competent authority in the host Member Statein order that that authority may ensure that they comply withthe rules of professional conduct in force in that State; whereasthe effect of such registration as regards the jurisdictions in
which, and the levels and types of court before which, lawyers
may practise is determined by the law applicable to lawyers inthe host Member State;
(9) Whereas lawyers who are not integrated into the profession inthe host Member State should practise in that State under theirhome-country professional titles so as to ensure that consumers
are properly informed and to distinguish between such lawyers
and lawyers from the host Member State practising under theprofessional title used there;
(10) Whereas lawyers covered by this Directive should be permittedto give legal advice in particular on the law of their homeMember States, on Community law, on international law and on
the law of the host Member State; whereas this is already
allowed as regards the provision of services under CouncilDirective 77/249/EEC of 22 March 1977 to facilitate the effec-tive excercise by lawyers of freedom to provide services (
1);
whereas, however, provision should be made, as in Directive77/249/EEC, for the option of excluding from the activities of
lawyers practising under their home-country professional titles
in the United Kingdom and Ireland the preparation of certainformal documents in the conveyancing and probate spheres;1998L0005 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 78, 26. 3. 1977, p. 17. Directive as last amended by the 1994 Act of
Accession.
▼B
whereas this Directive in no way affects the provisions under
which, in every Member State, certain activities are reservedfor professions other than the legal profession; whereas the
provision in Directive 77/249/EEC concerning the possibility of
the host Member State to require a lawyer practising under hishome-country professional title to work in conjunction with alocal lawyer when representing or defending a client in legalproceedings should also be incorporated in this Directive;
whereas that requirement must be interpreted in the light of the
case law of the Court of Justice of the European Communities,in particular its judgment of 25 February 1988 in Case 427/85,Commission v. Germany (
1);
(11) Whereas to ensure the smooth operation of the justice systemMember States should be allowed, by means of specific rules,to reserve access to their highest courts to specialist lawyers,without hindering the integration of Member States' lawyersfulfilling the necessary requirements;
(12) Whereas a lawyer registered under his home-country profes-sional title in the host Member State must remain registeredwith the competent authority in his home Member State if he is
to retain his status of lawyer and be covered by this Directive;
whereas for that reason close collaboration between the compe-tent authorities is indispensable, in particular in connection withany disciplinary proceedings;
(13) Whereas lawyers covered by this Directive, whether salaried orself-employed in their home Member States, may practise assalaried lawyers in the host Member State, where that MemberState offers that possibility to its own lawyers;
(14) Whereas the purpose pursued by this Directive in enablinglawyers to practise in another Member State under their home-country professional titles is also to make it easier for them to
obtain the professional title of that host Member State; whereas
under Articles 48 and 52 of the Treaty as interpreted by theCourt of Justice the host Member State must take into considera-tion any professional experience gained in its territory; whereasafter effectively and regularly pursuing in the host Member Statean activity in the law of that State including Community law for
a period of three years, a lawyer may reasonably be assumed to
have gained the aptitude necessary to become fully integratedinto the legal profession there; whereas at the end of that periodthe lawyer who can, subject to verification, furnish evidence ofhis professional competence in the host Member State should be
able to obtain the professional title of that Member State;
whereas if the period of effective and regular professionalactivity of at least three years includes a shorter period of prac-tice in the law of the host Member State, the authority shall alsotake into consideration any other knowledge of that State's law,which it may verify during an interview; whereas if evidence of
fulfilment of these conditions is not provided, the decision taken
by the competent authority of the host State not to grant theState's professional title under the facilitation arrangementslinked to those conditions must be substantiated and subject toappeal under national law;
(15) Whereas, for economic and professional reasons, the growingtendency for lawyers in the Community to practise jointly,including in the form of associations, has become a reality;
whereas the fact that lawyers belong to a grouping in their
home Member State should not be used as a pretext to preventor deter them from establishing themselves in the host MemberState; whereas Member States should be allowed, however, totake appropriate measures with the legitimate aim of safe-guarding the profession's independence; whereas certain1998L0005 — EN — 01.05.2004 — 001.001 — 4
(1) [1988] ECR 1123.
▼B
guarantees should be provided in those Member States which
permit joint practice,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Object, scope and definitions
1. The purpose of this Directive is to facilitate practice of the
profession of lawyer on a permanent basis in a self-employed orsalaried capacity in a Member State other than that in which the profes-sional qualification was obtained.
2. For the purposes of this Directive:
(a) ‘lawyer’ means any person who is a national of a Member State
and who is authorised to pursue his professional activities underone of the following professional titles:
Belgium Avocat/Advocaat/Rechtsanwalt
Czech Republic Advokát
Denmark Advokat
Germany Rechtsanwalt
Estonia VandeadvokaatGreece ∆ικηγόρος
Spain Abogado/Advocat/Avogado/AbokatuFrance AvocatIreland Barrister/SolicitorItaly Avvocato
Cyprus ∆ικηγόρος
Latvia Zv ērināts advok āts
Lithuania Advokatas
Luxembourg AvocatHungary Ügyvéd
Malta Avukat/Prokuratur Legali
Netherlands Advocaat
Austria Rechtsanwalt
Poland Adwokat/Radca prawny
Portugal Advogado
Slovenia Odvetnik/Odvetnica
Slovakia Advokát/Komer čný právnik
Finland Asianajaja/Advokat1998L0005 — EN — 01.05.2004 — 001.001 — 5
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
Sweden Advokat
United Kingdom Advocate/Barrister/Solicitor
(b) ‘home Member State’ means the Member State in which a lawyer
acquired the right to use one of the professional titles referred to in
(a) before practising the profession of lawyer in another Member
State;
(c) ‘host Member State’ means the Member State in which a lawyer
practises pursuant to this Directive;
(d) ‘home-country professional title’ means the professional title used
in the Member State in which a lawyer acquired the right to usethat title before practising the profession of lawyer in the host
Member State;
(e) ‘grouping’ means any entity, with or without legal personality,
formed under the law of a Member State, within which lawyerspursue their professional activities jointly under a joint name;
(f) ‘relevant professional title’ or ‘relevant profession’ means the
professional title or profession governed by the competent authoritywith whom a lawyer has registered under Article 3, and ‘competent
authority’ means that authority.
3. This Directive shall apply both to lawyers practising in a self-
employed capacity and to lawyers practising in a salarial capacity inthe home Member State and, subject to Article 8, in the host MemberState.
4. Practice of the profession of lawyer within the meaning of this
Directive shall not include the provision of services, which is covered
by Directive 77/249/EEC.
Article 2
Right to practise under the home-country professional title
Any lawyer shall be entitled to pursue on a permanent basis, in any
other Member State under his home-country professional title, theactivities specified in Article 5.
Integration into the profession of lawyer in the host Member State shall
be subject to Article 10.
Article 3
Registration with the competent authority
1. A lawyer who wishes to practise in a Member State other than
that in which he obtained his professional qualification shall registerwith the competent authority in that State.
2. The competent authority in the host Member State shall register
the lawyer upon presentation of a certificate attesting to his registrationwith the competent authority in the home Member State. It may requirethat, when presented by the competent authority of the home MemberState, the certificate be not more than three months old. It shall informthe competent authority in the home Member State of the registration.
3. For the purpose of applying paragraph 1:
— in the United Kingdom and Ireland, lawyers practising under a
professional title other than those used in the United Kingdom orIreland shall register either with the authority responsible for the
profession of barrister or advocate or with the authority responsible
for the profession of solicitor,
— in the United Kingdom, the authority responsible for a barrister
from Ireland shall be that responsible for the profession of barristeror advocate, and the authority responsible for a solicitor fromIreland shall be that responsible for the profession of solicitor,
— in Ireland, the authority responsible for a barrister or an advocate
from the United Kingdom shall be that responsible for the profes-1998L0005 — EN — 01.05.2004 — 001.001 — 6
▼B
sion of barrister, and the authority responsible for a solicitor from
the United Kingdom shall be that responsible for the profession ofsolicitor.
4. Where the relevant competent authority in a host Member State
publishes the names of lawyers registered with it, it shall also publish
the names of lawyers registered pursuant to this Directive.
Article 4
Practice under the home-country professional title
1. A lawyer practising in a host Member State under his home-
country professional title shall do so under that title, which must be
expressed in the official language or one of the official languages of
his home Member State, in an intelligible manner and in such a wayas to avoid confusion with the professional title of the host MemberState.
2. For the purpose of applying paragraph 1, a host Member State
may require a lawyer practising under his home-country professionaltitle to indicate the professional body of which he is a member in his
home Member State or the judicial authority before which he is entitled
to practise pursuant to the laws of his home Member State. A hostMember State may also require a lawyer practising under his home-country professional title to include a reference to his registration withthe competent authority in that State.
Article 5
Area of activity
1. Subject to paragraphs 2 and 3, a lawyer practising under his
home-country professional title carries on the same professional activ-ities as a lawyer practising under the relevant professional title used inthe host Member State and may, inter alia , give advice on the law of
his home Member State, on Community law, on international law and
on the law of the host Member State. He shall in any event comply
with the rules of procedure applicable in the national courts.
2. Member States which authorise in their territory a prescribed
category of lawyers to prepare deeds for obtaining title to administerestates of deceased persons and for creating or transferring interests inland which, in other Member States, are reserved for professions otherthan that of lawyer may exclude from such activities lawyers practising
under a home-country professional title conferred in one of the latter
Member States.
3. For the pursuit of activities relating to the representation or
defence of a client in legal proceedings and insofar as the law of thehost Member State reserves such activities to lawyers practising underthe professional title of that State, the latter may require lawyers prac-tising under their home-country professional titles to work inconjunction with a lawyer who practises before the judicial authority
in question and who would, where necessary, be answerable to that
authority or with an ‘avoué’ practising before it.
Nevertheless, in order to ensure the smooth operation of the justice
system, Member States may lay down specific rules for access tosupreme courts, such as the use of specialist lawyers.
Article 6
Rules of professional conduct applicable
1. Irrespective of the rules of professional conduct to which he is
subject in his home Member State, a lawyer practising under hishome-country professional title shall be subject to the same rules ofprofessional conduct as lawyers practising under the relevant profes-sional title of the host Member State in respect of all the activities hepursues in its territory.1998L0005 — EN — 01.05.2004 — 001.001 — 7
▼B
2. Lawyers practising under their home-country professional titles
shall be granted appropriate representation in the professional associa-tions of the host Member State. Such representation shall involve at
least the right to vote in elections to those associations' governing
bodies.
3. The host Member State may require a lawyer practising under his
home-country professional title either to take out professional indem-nity insurance or to become a member of a professional guaranteefund in accordance with the rules which that State lays down forprofessional activities pursued in its territory. Nevertheless, a lawyer
practising under his home-country professional title shall be exempted
from that requirement if he can prove that he is covered by insurancetaken out or a guarantee provided in accordance with the rules of hishome Member State, insofar as such insurance or guarantee is equiva-lent in terms of the conditions and extent of cover. Where the
equivalence is only partial, the competent authority in the host Member
State may require that additional insurance or an additional guaranteebe contracted to cover the elements which are not already covered bythe insurance or guarantee contracted in accordance with the rules ofthe home Member State.
Article 7
Disciplinary proceedings
1. In the event of failure by a lawyer practising under his home-
country professional title to fulfil the obligations in force in the hostMember State, the rules of procedure, penalties and remedies providedfor in the host Member State shall apply.
2. Before initiating disciplinary proceedings against a lawyer prac-
tising under his home-country professional title, the competentauthority in the host Member State shall inform the competent
authority in the home Member State as soon as possible, furnishing it
with all the relevant details.
The first subparagraph shall apply mutatis mutandis where disciplinary
proceedings are initiated by the competent authority of the homeMember State, which shall inform the competent authority of the hostMember State(s) accordingly.
3. Without prejudice to the decision-making power of the competent
authority in the host Member State, that authority shall cooperatethroughout the disciplinary proceedings with the competent authority
in the home Member State. In particular, the host Member State shall
take the measures necessary to ensure that the competent authority inthe home Member State can make submissions to the bodies respon-sible for hearing any appeal.
4. The competent authority in the home Member State shall decide
what action to take, under its own procedural and substantive rules, inthe light of a decision of the competent authority in the host Member
State concerning a lawyer practising under his home-country profes-
sional title.
5. Although it is not a prerequisite for the decision of the competent
authority in the host Member State, the temporary or permanent with-drawal by the competent authority in the home Member State of theauthorisation to practise the profession shall automatically lead to thelawyer concerned being temporarily or permanently prohibited frompractising under his home-country professional title in the host Member
State.
Article 8
Salaried practice
A lawyer registered in a host Member State under his home-country
professional title may practise as a salaried lawyer in the employ ofanother lawyer, an association or firm of lawyers, or a public or private1998L0005 — EN — 01.05.2004 — 001.001 — 8
▼B
enterprise to the extent that the host Member State so permits for
lawyers registered under the professional title used in that State.
Article 9
Statement of reasons and remedies
Decisions not to effect the registration referred to in Article 3 or to
cancel such registration and decisions imposing disciplinary measuresshall state the reasons on which they are based.
A remedy shall be available against such decisions before a court or
tribunal in accordance with the provisions of domestic law.
Article 10
Like treatment as a lawyer of the host Member State
1. A lawyer practising under his home-country professional title who
has effectively and regularly pursued for a period of at least three yearsan activitiy in the host Member State in the law of that State includingCommunity law shall, with a view to gaining admission to the profes-sion of lawyer in the host Member State, be exempted from the
conditions set out in Article 4(1)(b) of Directive 89/48/EEC, ‘Effective
and regular pursuit’ means actual exercise of the activity without any
interruption other than that resulting from the events of everyday life.
It shall be for the lawyer concerned to furnish the competent authority
in the host Member State with proof of such effective regular pursuit
for a period of at least three years of an activity in the law of the hostMember State. To that end:
(a) the lawyer shall provide the competent authority in the host
Member State with any relevant information and documentation,
notably on the number of matters he has dealt with and their
nature;
(b) the competent authority of the host Member State may verify the
effective and regular nature of the activity pursued and may, if
need be, request the lawyer to provide, orally or in writing, clarifi-cation of or further details on the information and documentationmentioned in point (a).
Reasons shall be given for a decision by the competent authority in the
host Member State not to grant an exemption where proof is not
provided that the requirements laid down in the first subparagraphhave been fulfilled, and the decision shall be subject to appeal underdomestic law.
2. A lawyer practising under his home-country professional title in a
host Member State may, at any time, apply to have his diploma recog-nised in accordance with Directive 89/48/EEC with a view to gainingadmission to the profession of lawyer in the host Member State andpractising it under the professional title corresponding to the professionin that Member State.
3. A lawyer practising under his home-country professional title who
has effectively and regularly pursued a professional activity in the hostMember State for a period of at least three years but for a lesser periodin the law of that Member State may obtain from the competentauthority of that State admission to the profession of lawyer in the
host Member State and the right to practise it under the professional
title corresponding to the profession in that Member State, withouthaving to meet the conditions referred to in Article 4(1)(b) of Directive89/48/EEC, under the conditions and in accordance with the proceduresset out below:
(a) The competent authority of the host Member State shall take into
account the effective and regular professional activity pursuedduring the abovementioned period and any knowledge and profes-sional experience of the law of the host Member State, and anyattendance at lectures or seminars on the law of the host Member1998L0005 — EN — 01.05.2004 — 001.001 — 9
▼B
State, including the rules regulating professional practice and
conduct.
(b) The lawyer shall provide the competent authority of the host
Member State with any relevant information and documentation,in particular on the matters he has dealt with. Assessment of the
lawyer's effective and regular activity in the host Member State
and assessment of his capacity to continue the activity he haspursued there shall be carried out by means of an interview withthe competent authority of the host Member State in order to verifythe regular and effective nature of the activity pursued.
Reasons shall be given for a decision by the competent authority in the
host Member State not to grant authorisation where proof is notprovided that the requirements laid down in the first subparagraphhave been fulfilled, and the decision shall be subject to appeal under
domestic law.
4. The competent authority of the host Member State may, by
reasoned decision subject to appeal under domestic law, refuse to allowthe lawyer the benefit of the provisions of this Article if it considersthat this would be against public policy, in a particular because of
disciplinary proceedings, complaints or incidents of any kind.
5. The representatives of the competent authority entrusted with
consideration of the application shall preserve the confidentiality ofany information received.
6. A lawyer who gains admission to the profession of lawyer in the
host Member State in accordance with paragraphs 1, 2 and 3 shall beentitled to use his home-country professional title, expressed in theofficial language or one of the official languages of his home Member
State, alongside the professional title corresponding to the profession of
lawyer in the host Member State.
Article 11
Joint practice
Where joint practise is authorised in respect of lawyers carrying on
their activities under the relevant professional title in the host MemberState, the following provisions shall apply in respect of lawyerswishing to carry on activities under that title or registering with the
competent authority:
(1) One or more lawyers who belong to the same grouping in their
home Member State and who practise under their home-countryprofessional title in a host Member State may pursue their profes-
sional activities in a branch or agency of their grouping in the host
Member State. However, where the fundamental rules governingthat grouping in the home Member State are incompatible withthe fundamental rules laid down by law, regulation or administra-tive action in the host Member State, the latter rules shall prevailinsofar as compliance therewith is justified by the public interest
in protecting clients and third parties.
(2) Each Member State shall afford two or more lawyers from the
same grouping or the same home Member State who practise in
its territory under their home-country professional titles access toa form of joint practice. If the host Member State gives its lawyersa choice between several forms of joint practice, those same formsshall also be made available to the aforementioned lawyers. The
manner in which such lawyers practise jointly in the host Member
State shall be governed by the laws, regulations and administrativeprovisions of that State.
(3) The host Member State shall take the measures necessary to permit
joint practice also between:
(a) several lawyers from different Member States practising under
their home-country professional titles;
(b) one or more lawyers covered by point (a) and one or more
lawyers from the host Member State.1998L0005 — EN — 01.05.2004 — 001.001 — 10
▼B
The manner in which such lawyers practice jointly in the host
Member State shall be governed by the laws, regulations andadministrative provisions of that State.
(4) A lawyer who wishes to practise under his home-country profes-
sional title shall inform the competent authority in the hostMember State of the fact that he is a member of a grouping in hishome Member State and furnish any relevant information on thatgrouping.
(5) Notwithstanding points 1 to 4, a host Member State, insofar as it
prohibits lawyers practising under its own relevant professional titlefrom practising the profession of lawyer within a grouping in whichsome persons are not members of the profession, may refuse toallow a lawyer registered under his home-country professional title
to practice in its territory in his capacity as a member of his
grouping. The grouping is deemed to include persons who are notmembers of the profession if
— the capital of the grouping is held entirely or partly, or
— the name under which it practises is used, or— the decision-making power in that grouping is exercised, de
facto orde jure,
by persons who do not have the status of lawyer within the
meaning of Article 1(2).
Where the fundamental rules governing a grouping of lawyers in
the home Member State are incompatible with the rules in force
in the host Member State or with the provisions of the first subpar-agraph, the host Member State may oppose the opening of a branchor agency within its territory wihtout the restrictions laid down inpoint (1).
Article 12
Name of the grouping
Whatever the manner in which lawyers practise under their home-
country professional titles in the host Member State, they may employthe name of any grouping to which they belong in their home MemberState.
The host Member State may require that, in addition to the name
referred to in the first subparagraph, mention be made of the legal
form of the grouping in the home Member State and/or of the names
of any members of the grouping practising in the host Member State.
Article 13
Cooperation between the competent authorities in the home and
host Member States and confidentiality
In order to facilitate the application of this Directive and to prevent its
provisions from being misapplied for the sole purpose of circumventing
the rules applicable in the host Member State, the competent authorityin the host Member State and the competent authority in the homeMember State shall collaborate closely and afford each other mutualassistance.
They shall preserve the confidentiality of the information they
exchange.
Article 14
Designation of the competent authorities
Member States shall designate the competent authorities empowered to
receive the applications and to take the decisions referred to in thisDirective by 14 March 2000. They shall communicate this informationto the other Member States and to the Commission.1998L0005 — EN — 01.05.2004 — 001.001 — 11
▼B
Article 15
Report by the Commission
Ten years at the latest from the entry into force of this Directive, the
Commsision shall report to the European Parliament and to the Council
on progress in the implementation of the Directive.
After having held all the necessary consultations, it shall on that occa-
sion present its conclusions and any amendments which could be madeto the existing system.
Article 16
Implementation
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive by14 March 2000. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on the
occasion of their official publication. The methods of making such
reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the texts of
the main provisions of domestic law which they adopt in the fieldcovered by this Directive.
Article 17
This Directive shall enter into force on the date of its publication in the
Official Journal of the European Communities .
Article 18
Addressees
This Directive is addressed to the Member States.1998L0005 — EN — 01.05.2004 — 001.001 — 12