1980L0154 — EN — 12.12.1990 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of21January1980
concerningthemutualrecognitionofdiplomas,certificatesandotherevidenceofformalqualifica-
tions in midwifery and including measures to facilitate the effective exercise of the right of
establishmentandfreedomtoprovideservices
(80/154/EEC)
(OJ L 33, 11.2.1980, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive 80/1273/EEC of 22 December 1980 L 375 74 31.12.1980
►M2Council Directive 89/594/EEC of 30 October 1989 L 341 19 23.11.1989
►M3Council Directive 90/658/EEC of 4 December 1990 L 353 73 17.12.1990
Amended by:
►A1Act of Accession of Spain and Portugal L 302 23 15.11.1985
▼B
COUNCILDIRECTIVE
of21January1980
concerning the mutual recognition of diplomas, certificates and
other evidence of formal qualifications in midwifery and includingmeasurestofacilitatetheeffectiveexerciseoftherightofestablish-
mentandfreedom toprovideservices
(80/154/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 49, 57 and 66 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas, pursuant to the Treaty, all discriminatory treatment based on
nationality withregard to establish ment and provision of services is
prohibited 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 midwife and also tothe registration, with or membership of professional organizations orbodies;
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 ofmidwives;
Whereas, pursuant to the Treaty, the Member States are required not to
grant any form of aid likely to distort the conditions of establishment;
Whereas Article 57 (1) of the Treaty provides that Directives be issued
for mutual recognition of diplomas, certificates and other evidence offormal qualifications;
Whereas it would appear advisable that, contemporaneously with the
mutual recognition of diplomas, provision should be made for coordi-nating the conditions governing the training of midwives; whereas suchcoordination is the subject of Directive 80/155/EEC(
4);
Whereas in the Member States the law makes the right to take up and
pursue the activities of midwife dependent upon the possession of amidwifery diploma;
Whereas, with regard to the possession of a formal certificate of
training, since a Directive on the mutual recognition of diplomas does
not necessarily imply equivalence in the training covered by such
diplomas, the use of such qualifications should be authorized only inthe language of the Member State of origin or of the Member Statefrom which the foreign national comes;
Whereas, to facilitate the application of this Directive by the national
authorities, Member States may prescribe that, in addition to formal
certificates of training, the person who satisfies the conditions oftraining required by this Directive must provide a certificate from thecompetent authorities of his country of origin or of the country fromwhich he comes stating that these certificates of training are thosecovered by the Directive;
Whereas, in the case of the provision of services, the requirement of
registration withor membersh ip of professional organizations or1980L0154 — EN — 12.12.1990 — 004.001 — 2
(1) OJ No C 18, 12. 2. 1970, p. 1.
(2) OJ No C 101, 4. 8. 1970, p. 26.
(3) OJ No C 146, 11. 12. 1970, p. 17.
(4) See page 8 of this Official Journal.
▼B
bodies, since it is related to the fixed and permanent nature of the
activity pursued in the host country, would undoubtedly constitute anobstacle to the person wishing to provide the service, by reason of the
temporary nature of his activity; whereas this requirement should there-
fore 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 the
Treaty, that the person concerned may be required to submit to the
competent authority of the host Member State particulars relating tothe 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 to practise it;
Whereas, as far as the activities of employed midwives are concerned,
Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedomof movement for workers within the Community(
1) lays down no
specific provisions relating to good character or good repute, profes-sional discipline or use of title for the professions covered; whereas,depending on the individual Member State, such rules are or may be
applicable both to employed and self-employed persons; whereas the
activities of midwives are subject in all Member States to possessionof a diploma, certificate or other evidence of formal qualification inmidwifery; whereas such activities are pursued by both employed andself-employed persons, or by the same persons in both capacities in the
course of their professional career; whereas, in order to encourage as
far as possible the free movement of those professional persons withinthe Community, it therefore appears necessary to extend this Directiveto employed midwives,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE
Article 1
1. This Directive shall apply to the activities of midwives as defined
by eachMember State, with out prejudice to Article 4 of Directive 80/155/EEC, and pursued under the following professional titles:
intheFederal Republic ofGermany:
—►
M2‘Hebamme’ or‘Entbindungspfleger’ ◄;
inBelgium:— ‘accoucheuse/vroedvrouw’;inDenmark:— ‘jordemoder’;inFrance:— ‘sage-femme’;inIreland:— midwife;inItaly:— ‘ostetrica’;inLuxembourg:— ‘sage-femme’;
intheNetherlands
— ‘verloskundige’;1980L0154 — EN — 12.12.1990 — 004.001 — 3
(1) OJ No L 257, 19. 10. 1968, p. 2.
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intheUnitedKingdom:
— midwife;
inGreece:
—►M2‘µαία’or‘µαιευτής’◄;
inSpain:
— ‘matrona’ or ‘asistente obstétrico’;
inPortugal:— ‘enfermeiro especialista em enfermagem de saúde materna e obsté-
trica’.
CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMALQUALIFICATIONSINMIDWIFERY
Article 2
1. Each Member State shall recognize the diplomas, certificates and
other evidence of formal qualifications in midwifery awarded to
nationals of Member States by the other Member States and listed inArticle 3 which satisfy the minimum programme mentioned in Article1 (1), (3) and (4) of Directive 80/155/EEC and comply withone of th efollowing conditions:
— full-time training in midwifery lasting at least three years:
— either subject to possession of a diploma, certificate or other
evidence of formal qualifications giving right of admittance to
university or higher-education establishments or, failing this,
attesting an equivalent level of knowledge,
— or followed by professional practice for which the certificate
referred to in Article 4 of this Directive is issued,
— full-time training in midwifery lasting at least two years or 3 600
hours subject to possession of a diploma, certificate or otherevidence of formal qualifications as a nurse responsible for generalcare, referred to in Article 3 of Directive 77/452/EEC(
1)
— full-time training in midwifery lasting at least 18 months or 3 000
hours subject to possession of a diploma, certificate or other
evidence of formal qualifications as a nurse responsible for generalcare referred to in Article 3 of Directive 77/452/EEC and followedby professional practice for which the certificate referred to inArticle 4 of this Directive is issued.
2. Each Member State shall, as far as the right to take up and pursue
the activities of midwives in a self-employed capacity is concerned,
give diplomas, certificates and other evidence of formal qualificationsrecognized by it the same effect in its territory as those which theMember State itself awards.
Artikel 3
The diplomas, certificates and other evidence of formal qualifications
referred to in Article 2 are the following:
a)inthe Federal Republic ofGermany:
►
M3 ◄the‘Zeugnis über die staatliche Prüfung
für Hebammen und Entbindungspfleger’ , award by the State
examining board;1980L0154 — EN — 12.12.1990 — 004.001 — 4
(1) OJ No L 176, 15. 7. 1977, p. 1.▼M1
▼A1
▼B
▼M2
▼M3
b)inBelgium:
the ‘diplôme d'accoucheuse/vroedvrouwdiploma’ awarded by
schools set up or approved by the State or by the ‘Jury central’;
c)inDenmark:
the ‘bevis for bestået jordemodereksamen’ awarded by ‘Danemarks
jordemoderskole’;
d)inFrance:
the ‘diplôme de sage-femme’ awarded by the State;
e)inIreland:
the certificate in midwifery awarded by ‘An Bord Altranais’;
f)inItaly:
the ‘diploma d'ostetrica’ awarded by schools approved by the State;
g)inLuxembourg:
the ‘diplôme de sage-femme’ awarded by the Minister for Health
following a decision by the examining board;
h)inthe Nederlands:
the►M2‘diploma van verloskundige’ ◄awarded by the
examing body designated by the State;
(i)inthe UnitedKingdom:
— a statement of registration as a midwife in Part 10 of the
Register maintained by the United Kingdom Central Council
for Nursing, Midwifery and HealthVisiting;
(j)inGreece:
—t he‘πτυχίο µαίας ή µαιευτή ’authenticated by the Ministry of
Healthand Welfare,
—t he‘πτυχίο Ανωτέρας Σχολής Στελεχών Υγείας και
Κοινωνικής Πρόνοιας, Τµήµατος Μαιευτικής ’awarded by the
faculty of health and social welfare workers, obstetrics section,of the advanced technical and vocational education centres orby the technological training establishments run by the Ministryof Education and Religious Affairs;
(k)inSpain:
the diploma of ‘matrona’ or‘asistente obstétrico (matrona)’ or
‘enfermería obstétricaginecológica’ , awarded by the Ministry of
Education and Science;
l)inPortugal:
the diploma of ‘enfermeiro especialista em enfermagem de saúde
materna e obstétrica’.
Article 4
The certificate provided for in Article 2 shall be issued by the compe-
tent authorities of the Member State of origin or of the Member Statefrom which the foreign national comes. It shall certify that the holderhas satisfactorily, after qualifying as a midwife, carried out all theactivities of a midwife in a hospital or other health establishment
approved for this purpose, for a period fixed as follows:
— two years in the case provided for in the second sub-indent of the
first indent of Article 2 (1),
— one year in the case provided for in the third indent of Article 2 (1).1980L0154 — EN — 12.12.1990 — 004.001 — 5
▼B
▼M2
▼A1
▼B
▼B
CHAPTER III
EXISTINGCIRCUMSTANCES
Article 5
1. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications do not satisfy all the
minimum training requirements laid down in Article 1 of Directive 80/
155/EEC, each Member State shall recognize as sufficient evidence thediplomas, certificates and other evidence of the formal qualifications ofmidwives awarded by those Member States prior to and during a periodof not more than six years after the notification of this Directive,accompanied by a certificate stating, that those nationals have effec-
tively and lawfully been engaged in the activities in question for at
least three years during the five years prior to the date of issue of thecertificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications satisfy all theminimum training requirements laid down in Article 1 of Directive
80/155/EEC, but, by virtue of Article 2 of the present Directive, need
be recognized only if they are accompanied by the certificate of profes-sional practice referred to in Article 4, eachMember State sh allrecognize as sufficient evidence the diplomas, certificates and otherevidence of formal qualifications of midwives awarded by thoseMember States prior to the entry into force of the present Directive,
accompanied by a certificate stating that those nationals have effec-
tively and lawfully been engaged in the activities in question for atleast two years during the five years prior to the date of issue of thecertificate.
3. Without prejudice to Article 4, in the case of nationals of
Member States whose diplomas, certificates and other evidence of
formal qualifications as midwife do not conform withth e qualificationsor designations set out in Article 3, eachMember State sh all recognizeas being sufficient proof diplomas, certificates and other evidence offormal qualifications awarded by those Member States accompanied
by a certificate issued by the competent authorities or bodies. The certi-
ficate shall state that the diplomas, certificates and other evidence offormal qualifications as midwife were awarded following training inaccordance withth e provisions of Directive 80/155/EEC, referred toin Article 2 of this Directive and are treated by the Member Statewhich awarded them as the qualifications or designations set out in
Article 3 of this Directive.
Article 5a
1. In the case of Member States whose diplomas, certificates and
other evidence of formal qualifications as midwife attest to trainingreceived on the territory of the former German Democratic Republicwhich does not satisfy all the minimum training requirements laid
down in Article 1 of Directive 80/155/EEC, Member States other than
Germany shall recognize those diplomas, certificates and otherevidence 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 midwife
throughout the territory of Germany under the same conditions 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 years during the five years prior to the date of issue ofthe certificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications as midwives attest to1980L0154 — EN — 12.12.1990 — 004.001 — 6
▼M2
▼M3
▼M3
training received in the territory of the former German Democratic
Republic which satisfies all the minimum training requirements laiddown in Article 1 of Directive 80/155/EEC but which, pursuant to
Article 2, has to be recognized only if it is complemented by the
professional practice referred to in Article 4, Member States otherthan Germany shall recognize those diplomas, certificates and otherevidence of formal qualifications as being sufficient proof if:
— they attest to training commenced before German unification, and
— they are accompanied by a certificate stating that those nationals
have effectively and lawfully been engaged in the activities in ques-tion in Germany for at least two years during the five years prior tothe date of issue of the certificate.
CHAPTER IV
USEOFACADEMICTITLE
Article 6
1. Without prejudice to Article 15, host Member States shall ensure
that nationals of Member States who fulfil the conditions laid down in
Articles 2 and 5 have the right to use the lawful academic title, inas-much as it is not identical to the professional title, or, whereappropriate, the abbreviation thereof of their Member State of originor of the Member State from which they come, in the language or
languages of that State. Host Member States may require this title to
be followed by the name and location of the establishment or exam-ining 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, additionaltraining which the person concerned has not undergone, the hostMember State may require sucha person to use th e title employed in
the Member State of origin or the Member State from which he comes
in a suitable form to be indicated by the host Member State.
CHAPTER V
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE
OF THE RIGHT OF ESTABLISHMENT ANDFREED OM TO
PROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF
MIDWIVES
A.Provisionsspecifically relatingtotherightofestablishment
Article 7
1. A host Member State which requires of its nationals proof of
good character or good repute when they take up for the first timeany activity referred to in Article 1 shall accept as sufficient evidence,
in respect of nationals of other Member States, a certificate issued by a
competent authority in the Member State of origin or in the MemberState from which the foreign national comes, attesting that the require-ments of the Member State as to good character or good repute fortaking 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 in
question for the first time, the host Member State may require of
nationals of the Member State of origin or of the Member State fromwhich the foreign national comes an extract from the judicial record or,failing this, an equivalent document issued by a competent authority inthe Member State of origin or the Member State from which the
foreign national comes.
3. If the host Member State has detailed knowledge of a serious
matter which occurred outside its territory prior to the establishment1980L0154 — EN — 12.12.1990 — 004.001 — 7
▼B
▼B
of the person concerned in that State and which is likely to affect the
taking up within its territory of the activity concerned, it may informthe 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 theyare 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 host
Member State of any consequential action which they take with regard
to the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information
which is forwarded.
Article 8
1. Where, in a host Member State, provisions laid down by law,
regulation or administrative action are in force laying down require-ments as to good character or good repute, including provisions fordisciplinary action in respect of serious professional misconduct orconviction for criminal offences and relating to the pursuit of any of
the activities referred to in Article 1, the Member State of origin or
the Member State from which the foreign national comes shall forwardto the host Member State all necessary information regarding measuresor disciplinary action of a professional or administrative nature taken inrespect of the person concerned, or criminal penalties imposed on himwhen pursuing his profession in the Member State of origin or in the
Member State from which he came.
2. If the host Member State has detailed knowledge of a serious
matter which has occurred prior to the establishment of the personconcerned in that State outside its territory and which is likely to affectthe pursuit within its territory of the activity concerned, it may informthe 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 theyare 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 regard
to the information they have forwarded in accordance with paragraph
1.
3. Member States shall ensure the confidentiality of the information
which is forwarded.
Article 9
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 in 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 10
Documents issued in accordance withArticles 7, 8 and 9 may not be
presented more than three months after their date of issue.1980L0154 — EN — 12.12.1990 — 004.001 — 8
▼B
Article 11
1. The procedure for authorizing the person concerned to take up
any activity referred to in Article 1, pursuant to Articles 7, 8 and 9must 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 7 (3) and 8 (2), a request for
re-examination shall suspend the period stipulated in paragraph 1.
The Member State consulted shall give its reply within 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 12
Where a host Member State requires its own nationals wishing to take
up or pursue one of the activities referred to in Article 1 to take an oath
or make a solemn declaration and where the form of such oath or
declaration 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.Provisionsspecifically relatingtotheprovisionofservices
Article 13
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 an
authorization, or membership of or registration with a professional
organization or body, that Member State shall in the case of the provi-sion of services exempt the nationals of 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.
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 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 of other evidence of formal qualification
appropriate for the provision of the services in question and referredto in this Directive.
4. The document or documents specified in paragraph 3 may not be
produced more than 12 months after their date of issue.
5. Where a Member State temporarily or permanently deprives, in
whole or in part, one of its nationals or a national of another MemberState established in its territory of the right to pursue one of the activ-1980L0154 — EN — 12.12.1990 — 004.001 — 9
▼B
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 paragraph3.
Article 14
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 security
schemes, that Member State shall exempt nationals of Member States
established in another Member State from this requirement in cases ofprovision of services entailing travel on the part of the personconcerned.
However, the persons concerned shall supply information to this body
in advance, or, in urgent cases, subsequently, concerning the servicesprovided.
C.Provisionscommontotherightofestablishmentandfreedomto
provideservices
Article 15
Where in a host Member State the use of the professional title relating
to one of the activities referred to in Article 1 is subject to rules,nationals of other Member States who fulfil the conditions laid down
in Articles 2 and 5 shall use the professional title of the host Member
State which, in that State, corresponds to those conditions of qualifica-tion, and shall use the abbreviated title.
Article 16
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 case
of establishment, the host Member States may require the personsconcerned 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 designate
within the period laid down in Article 20 (1).
3. Member States shall see to it that, where appropriate, the persons
concerned acquire, in their own interest and in that of their patients, thelinguistic knowledge necessary for the exercise of their profession in
the host Member State.
CHAPTER VI
FINALPROVISIONS
Article 17
In the event of justified doubts, the host Member State may require of
the competent authorities of another Member State confirmation of the
authenticity of the diplomas, certificates and other evidence of formal
qualifications issued in that other Member State and referred to inChapters II and III, and also confirmation of the fact that the personconcerned has fulfilled all the training requirements laid down inDirective 80/155/EEC.
Article 18
Within the time limit laid down in Article 20 (1) Member States shall
designate the authorities and bodies competent to issue or receive thediplomas, certificates and other evidence of formal qualifications aswell as the documents and information referred to in this Directive,1980L0154 — EN — 12.12.1990 — 004.001 — 10
▼B
and shall forthwith inform the other Member States and the Commis-
sion thereof.
Article 19
This Directive shall also apply to nationals of Member States who, in
accordance withRegulation (EEC) No 1612/68, are pursuing or will
pursue as employed persons one of the activities referred to in Article
1.
Article 20
1. Member States shall bring into force the measures necessary to
comply with this Directive within three years of its notification andshall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of
the main provisions of national law which they adopt in the fieldcovered by this Directive.
Article 21
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 underDecision 75/365/EEC(
1), as last amended by Decision 80/157/EEC(2).
Where necessary, the Commission shall submit appropriate proposals to
the Council.
Article 22
This Directive is addressed to the Member States.1980L0154 — EN — 12.12.1990 — 004.001 — 11
(1) OJ No L 167, 30. 6. 1975, p. 19.
(2) See page 15 of this Official Journal.