1978L1026 — EN — 08.11.1989 — 003.001 — 1
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►B COUNCILDIRECTIVE
of18December 1978
concerningthemutualrecognitionofdiplomas,certificatesandotherevidenceofformalqualifica-
tions in veterinary medicine, including measures to facilitate the effective exercise of the right of
establishmentandfreedomtoprovideservices
(78/1026/EEC)
(OJ L 362, 23.12.1978, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive 89/594/EEC of 30 October 1989 L 341 19 23.11.1989
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
Corrected by:
►C1Corrigendum, OJ L 346, 2.12.1981, p. 24 (79)
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COUNCILDIRECTIVE
of18December 1978
concerning the mutual recognition of diplomas, certificates and
other evidence of formal qualifications in veterinary medicine,including measures to facilitate the effective exercise of the right
ofestablishmentandfreedom toprovideservices
(78/1026/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 49, 57, 66 and 235 thereof,
Having regard to the proposal from the Commission(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 isprohibited as from the end of the transitional period; whereas the prin-ciple of suchtreatment based on nationality applies in particular to th e
grant of any authorization required to practise as a veterinary surgeon
and also to the registration with or membership of professional organi-zations or bodies;
Whereas it nevertheless seems desirable that certain provisions be
introduced to facilitate the effective exercise of the right of establish-
ment and freedom to provide services in respect of the activities of
veterinary surgeons;
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 of
formal qualifications; whereas the aim of this Directive is the recogni-tion of diplomas, certificates and other evidence of formalqualifications whereby activities in the field of veterinary medicinemay be taken up and pursued;
Whereas, in view of the differences between the Member States
regarding the nature and duration of the training of veterinary surgeons,
certain coordinating provisions designed to enable Member States toproceed with the mutual recognition of diplomas, certificates and otherevidence of formal qualifications should be laid down; whereas suchcoordination has been effected by Council Directive 78/1027/EEC of
18 December 1978 concerning the coordination of provisions laid
down by law, regulation or administrative action in respect of the activ-ities of veterinary surgeons(
4);
Whereas, with regard to the possession of a formal certificate of
training, since a Directive on the mutual recognition of diplomas doesnot necessarily imply equivalence in the training covered by such
diplomas, the use of such qualifications should be authorized only in
the 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 of
training required by this Directive must provide a certificate from thecompetent authorities of his country of origin or of the country from1978L1026 — EN — 08.11.1989 — 003.001 — 2
(1) OJ No C 92, 20. 7. 1970, p. 18.
(2) OJ No C 19, 28. 2. 1972, p. 10.
(3) OJ No C 60, 14. 6. 1971, p. 3.
(4) See page 7 of this Official journal.
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which he comes stating that these certificates of training are those
covered by the Directive;
Whereas, in the case of the provision of services, the requirement of
registration withor membersh ip of professional organizations orbodies, since it is related to the fixed and permanent nature of theactivity pursued in the host country, would undoubtedly constitute anobstacle to the person 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 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 be
satisfied in order to practise it;
Whereas, as far as the activities of employed veterinary surgeons are
concerned, Council Regulation (EEC) No 1612/68 of 15 October 1968on freedom of movement for workers within the Community(
1) lays
down no specific provisions relating to good character or good repute,
professional discipline or use of title for the professions covered;whereas, depending on the individual Member State, such rules are ormay be applicable bothto employed and self-employed persons;whereas the activities of veterinary surgeons are subject in all Member
States to possession of a diploma, certificate or other evidence of
formal qualification as a veterinary surgeon; whereas such activitiesare pursued by bothemployed and self-employed persons or by th esame persons in both capacities in the course of their professionalcareer; whereas, in order to encourage as far as possible the free move-ment of those professional persons within the Community, it therefore
appears necessary to extend this Directive to employed veterinary
surgeons,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE
Article 1
This Directive shall apply to the activities of veterinary surgeons.
CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL
QUALIFICATIONSINVETERINARYMEDICINE
Article 2
Each Member State shall recognize the diplomas, certificates and other
evidence of formal qualifications awarded to nationals of MemberStates by the other Member States in accordance with Article 1 of
Directive 78/1027/EEC and which are listed in Article 3, by giving
such qualifications, as far as the right to take up and pursue the activ-ities of a veterinary surgeon is concerned, the same effect in itsterritory as those which the Member State itself awards.
Where a diploma, certificate or other evidence of formal qualifications
as listed in Article 3 was awarded before the implementation of thisDirective, or was awarded after that date but following training1978L1026 — EN — 08.11.1989 — 003.001 — 3
(1) OJ No L 257, 19.10.1968, p. 2.▼M1
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commenced before that date, it shall be accompanied by a certificate
from the competent authorities of the issuing Member State statingthat it complies with Article 1 of Directive 78/1027/EEC.
Article 3
The diplomas, certificates and other evidence of formal qualifications
referred to in Article 2 are as follows:
(a)in Germany
1. Zeugnis über die tierärztliche Staatsprüfung (the State examina-
tion certificate in veterinary medicine) awarded by thecompetent authorities;
2. the certificates from the competent authorities of the Federal
Republic of Germany stating that the diplomas awarded after 8
May 1945 by the competent authorities of the German Demo-cratic Republic are recognized as equivalent to that listed inpoint 1 above;
(b)in Belgium
le diplôme légal de docteur en médecine vétérinaire — het wette-
lijke diploma van doctor in de veeartsenijkunde of doctor in de
diergeneeskunde (diploma of doctor of veterinary medicine,
required by law) awarded by the State Universities, the CentralExamining Board, or the State University Education ExaminingBoards;
(c)in Denmark
bevis for bestået kandidateksamen i veterinaervidenskab (cand.
med. vet.) (the certificate proving the passing of the examination
for candidates in veterinary medicine) awarded by the ‘Kongelige
Veterinaer- og Landbohøjskole’;
(d)in France
le diplôme de docteur vétérinaire d'Etat (State degree in veterinary
medicine);
(e)in Ireland
1. the degree of Bachelor in/of Veterinary Medicine (MVB);
2. the diploma of membership of the Royal College of Veterinary
Surgeons (MRCVS) gained by examination after a full course ofstudy at a veterinary school in Ireland;
(f)in Italy
il diploma di laurea di dottore in medicina veterinaria accompag-
nato dal diploma d'abilitazione all'esercizio della medicina
veterinaria awarded by the Minister of Education on the basis ofthe findings of the competent State Examining Board;
(g)in Luxembourg
1. le diplôme d'Etat de docteur en médecine vétérinaire (the State
diploma in veterinary medicine) awarded by the State Exam-ining Board and endorsed by the Minister of Education;
2. diplomas conferring a higher education degree in veterinary
medicine awarded in one of the countries of the Communityand giving the right to take up training but not to practise the
profession, and officially recognized by the Minister of Educa-
tion in accordance with the law of 18 June 1969 on highereducation and recognition of foreign degrees and diplomas,together with the certificate of practical training endorsed bythe Minister of Public Health;
(h)in the Netherlands
1. het getuigschrift van met goed gevolg afgelegd diergenees-
kundig examen (certificate proving the passing of theexamination in veterinary medicine);1978L1026 — EN — 08.11.1989 — 003.001 — 4
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2. het getuigschrift van met goed gevolg afgelegd veeartsenij-
kundig examen (certificate proving the passing of theexamination in veterinary medicine);
(i)in the United Kingdom
the degrees:— Bachelor of Veterinary Science (BVSc.),
— Bachelor of Veterinary Medicine (Vet.MB or BVet.Med.),— Bachelor of Veterinary Medicine and Surgery (BVM and S or
BVMS),
— the diploma of membership of the Royal College of Veterinary
Surgeons (MRCVS) gained by examination after a full courseof study at a veterinary school in the United Kingdom;
(j)in Greece:
πτυχίο κτηνιατρικής (diploma of veterinary surgeon) from the
faculty of geotechnical sciences of the Aristotle University of Salo-
niki or the School of veterinary medicine of the Aristotle
University of Saloniki;
(k)in Spain:
título de Licenciado en Veterinaria (university degree in veterinary
medicine) awarded by the Ministry of Education and Science or by
the rector of a university;
(l)in Portugal:
carta de curso de licenciatura em medicina veterinária (diploma
conferring official recognition of completion of studies in veter-inary medicine) awarded by a University.
CHAPTER III
EXISTINGCIRCUMSTANCES
Article 4
1. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications do not satisfy all theminimum training requirements laid down in Article 1 of Directive 78/
1027/EEC, eachMember State sh all recognize as being sufficient proof
the diplomas, certificates and other evidence of formal qualifications inveterinary medicine awarded by those Member States before the imple-mentation of Directive 78/1027/EEC or awarded after that date butfollowing training commenced before that date, accompanied by acertificate stating that those nationals have effectively and lawfully
been engaged in the activities in question for at least three consecutive
years during the five years prior to the date of isse of the certificate.
2. In the case of nationals of Member States whose diplomas, certi-
ficates and other evidence of formal qualifications as veterinary
surgeon do not conform withth e qualifications or designations set out
in Article 3, eachMember State sh all recognize as being sufficientproof the diplomas, certificates and other evidence of formal qualifica-tions awarded by those Member States, accompanied by a certificateissued by the competent authorities or bodies. The certificate shallcertify that the diplomas, certificates and other evidence of formal
qualifications as veterinary surgeon were awarded following training
in accordance withth e provisions of Directive 78/1027/EEC, referredto in Article 2 of this Directive, and are treated by the Member Statewhich awarded them as the qualifications or designations set out inArticle 3 of this Directive.1978L1026 — EN — 08.11.1989 — 003.001 — 5
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▼A2
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CHAPTER IV
USEOFACADEMICTITLE
Article 5
1. Without prejudice to Article 13, host Member States shall ensure
that the nationals of Member States who fulfil the conditions laid downin Articles 2 and 4 have the right to use the lawful academic title or,where appropriate, the abbreviation thereof, of their Member State of
origin or of the Member State from which they come, in the language
of that State. Host Member States may require this title to be followedby the name and location of the establishment or examining boardwhich 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 suchperson to use th e title employed in
the Member State of origin or the Member State from which he comes
in suitable wording to be indicated by the host Member State.
CHAPTER V
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE
RIGHT OF ESTABLISHMENT AND FREE DOM TO PROVIDE
SERVICES IN RESPECT OF THE ACTIVITIES OF VETERINARY
SURGEONS
A.Provisionsspecifically relatingtotherightofestablishment
Article 6
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 the
activities referred to in Article I shall accept as sufficient evidence, inrespect of nationals of other Member States, a certificate issued by acompetent 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 for
taking up the activities 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 activities in
question for the first time, the host Member State may require ofnationals of the Member State of origin or of the Member State fromwhich the foreign national comes an extract from the ‘judicial record’or, failing this, an equivalent document issued by a competent authorityin the 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 has occurred outside its territory and which is likely to
affect the taking up within its territory of the activities concerned, it
may inform the Member State of origin or the Member State fromwhich 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. Theauthorities in that State shall themselves decide on the nature andextent of the investigation to be made and shall inform the hostMember State of any consequential action which they take with regardto the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information
which is forwarded.
Article 7
1. Where, in a host Member State, provisions laid down by law,
regulation or administrative action are in force laying down require-1978L1026 — EN — 08.11.1989 — 003.001 — 6
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ments as to good character or good repute, including provisions for
disciplinary action in respect of serious professional misconduct orconviction for criminal offences and relating to the pursuit of the activ-
ities referred to in Article 1, the Member State of origin or the Member
State from which the foreign national comes shall forward to the hostMember State all necessary information regarding measures or disci-plinary action of a professional or administrative nature taken inrespect of the person concerned, or criminal penalties imposed on him
when 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 outside its territory and which is likely toaffect the pursuit within its territory of the activities concerned, it mayinform the Member State of origin or the Member State from which theforeign national comes.
The Member State of origin or the Member State from which the
foreign national comes shall verify the accuracy of the facts. The
authorities in that State shall themselves 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 information they have forwarded in accordance with paragraph1.
3. Member States shall ensure the confidentiality of the information
which is forwarded.
Article 8
Where a host Member State requires of its own nationals wishing to
take up or pursue the activities referred to in Article 1, a certificate ofphysical or mental health, that State shall accept as sufficient evidence
thereof the presentation of the document required in the Member State
of origin or the Member State from which the foreign national comes.
Where the Member State of origin or the Member State from which the
foreign national comes does not impose any requirements of this natureon those wishing to take up or pursue the activities in question, the hostMember State shall accept from such national a certificate issued by acompetent authority in that State corresponding to the certificates
issued in the host Member State.
Article 9
The documents referred to in Articles 6, 7 and 8 may not be presented
more than three months after their date of issue.
Article 10
1. The procedure for authorizing the person concerned to take up the
activities referred to in Article 1, in accordance withArticles 6, 7 and8, must be completed as soon as possible and not later than three
months after presentation of all the documents relating to such person,
without prejudice to delays resulting from any appeal that may bemade upon termination of this procedure.
2. In the cases referred to in Articles 6 (3) and 7 (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. If it does not, the host Member State may take action inconsequence of its detailed knowledge of the serious matter involved.
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 11
Where a host Member State requires its own nationals wishing to take
up or pursue the activities referred to in Article 1 to take an oath ormake a solemn declaration and where the form of such oath or declara-1978L1026 — EN — 08.11.1989 — 003.001 — 7
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tion cannot be used by nationals of other Member States, that Member
State shall ensure that an appropriate and equivalent form of oath ordeclaration is offered to the person concerned.
B.Specialprovisionsrelatingtotheprovisionofservices
Article 12
1. Where a Member State requires of its own nationals wishing to
take up or pursue the activities referred to in Article 1, an authorizationor membership of, or registration with, a professional organization orbody, that Member State shall in the case of the provision of services
exempt the nationals of Member States from that requirement.
The person concerned shall provide services with the same rights and
obligations as the nationals of the host Member State; in particular heshall be subject to the rules of conduct of a professional or administra-tive nature which apply in that Member State.
For this purpose and in addition to the declaration provided for in para-
graph2 relating to th e services to be provided, Member States may, soas to permit the implementation of the provisions relating to profes-sional conduct in force in their territory, require either automatictemporary registration or pro forma membership of a professional orga-
nization or body or, in the alternative, registration in a register,
provided that such registration or membership does not delay or inany way complicate the provision of services or impose any additionalcosts 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 these
provisions, 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 the
provision of his services where they involve a temporary stay in its
territory. The host Member State may in all cases require a veterinarysurgeon established in another Member State to supply a prior declara-tion of provision of services in the form of a prescription or ofveterinary certificates not involving the examination of animals,provided suchpractice is permissible under th e legal and administrative
provisions and professional rules applied in the host State.
The host Member State requiring such prior declaration shall take the
steps necessary to provide the possibility that the declaration is made,where appropriate, for a series of services provided within one and thesame region and in respect of one or more recipients within a given
period of not more than one year.
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 qualificationappropriate 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-ities referred to in Article 1, it shall, as appropriate, ensure the1978L1026 — EN — 08.11.1989 — 003.001 — 8
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temporary or permanent withdrawal of the certificate referred to in the
second indent of paragraph3.
C.Provisionscommontotherightofestablishmentandfreedomto
provideservices
Article 13
Where in a host Member State the use of the professional title relating
to the activities referred to in Article 1 is subject to rules, nationals of
other Member States who fulfil the conditions laid down in Articles 2and 4 shall use the professional title of the host Member State which,in that State, corresponds to those conditions of qualification and shalluse the abbreviated title.
Article 14
1. Member States shall take the necessary measures to enable the
persons concerned to obtain information on veterinary legislation and,where applicable, on professional ethics by 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 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 designatewithin the period laid down in Article 18 (1).
3. Member States shall see to it that, where appropriate, the persons
concerned acquire, in their interest and in that of their clients, the
linguistic knowledge necessary for the pursuit of their profession inthe host Member State.
CHAPTER VI
FINALPROVISIONS
Article 15
When it has ground for doubt, the host Member State may require of
the competent authorities of another Member State confirmation of theauthenticity of the diplomas, certificates and other evidence of formalqualifications awarded in that other Member State and referred to in
Chapter 11 and also confirmation of the fact that the person concerned
has fulfilled all the training requirements laid down in Directive 78/1027/EEC.
Article 16
Within the time limit laid down in Article 18 (1), Member States shall
designate the authorities and bodies competent to award or receive thediplomas, certificates and other evidence of formal qualifications aswell as the documents and information referred to in this Directiveand shall forthwith inform the other Member States and the Commis-sion thereof.
Article 17
This Directive shall also apply to nationals of Member States who, in
accordance withRegulation (EEC) No 1612/68, are pursuing or willpursue as employed persons the activities referred to in Article 1.
Article 18
1. Member States shall bring into force the measures necessary to
comply with this Directive within two years of its notification and shallforthwith inform the Commission thereof.1978L1026 — EN — 08.11.1989 — 003.001 — 9
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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 19
This Directive is addressed to the Member States.1978L1026 — EN — 08.11.1989 — 003.001 — 10