Decision of the EEA Joint Committee

No 88/2000

of 27 October 2000

amending Annex VII (mutual recognition of professional qualifications) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as "the Agreement", and in particular Article 98 thereof,

Whereas:

(1) Annex VII to the Agreement was amended by Decision No 190/1999 of the EEA Joint Committee of 17 December 1999(1).

(2) Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives of liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications(2) is to be incorporated into the Agreement.

(3) Directive 1999/42/EC repeals several acts which are incorporated in the Agreement and which are consequently to be repealed under the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 1a (Council Directive 92/51/EEC) in Annex VII to the Agreement:

"1b. 399 L 0042: Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives of liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999, p. 77)."

Article 2

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations.

The text of Article 1(1) shall be replaced by the following:

"1. This Directive shall apply in respect of establishment or provision of services in the European Economic Area by the following natural persons and companies or firms (hereinafter called 'beneficiaries') who wish to pursue the activities listed in Annex A.

In respect of provision of services:

- nationals of EC Member States and EFTA States who are established within the European Economic Area,

- companies or firms formed under the law of an EC Member State or an EFTA State and having the seat prescribed by their statutes or their centre of administration, or their main establishment situated within the European Economic Area, provided that where only that seat is situated within the European Economic Area their activity shows a real and continuous link with the economy of an EC Member State or an EFTA State; such link shall not be one of nationality, whether of the members of the company or firm, or of the persons holding managerial or supervisory posts therein, or of the holders of the capital,

- subject to the condition that the service is carried out either personally by the person contracting to provide it or by one of his agencies or branches established in the European Economic Area.

In respect of establishment:

- nationals of EC Member States and EFTA States, and companies and firms formed under the law of an EC Member State or an EFTA State and having either the seat prescribed by their statutes, or their centre of administration, or their main establishment situated within the European Economic Area, who wish to establish themselves in order to pursue activities as self employed persons in an EC Member State or in an EFTA State, and

- nationals of EC Member States and EFTA States who are established in an EC Member State or an EFTA State, and companies and firms as above, provided that, where only the seat prescribed by their statutes is situated within the European Economic Area, their activity shows a real and continuous link with the economy of an EC Member State or an EFTA State; such link shall not be one of nationality, whether of the members of the company or firm, or of the persons holding managerial or supervisory posts therein, or of the holders of the capital, who wish to set up agencies, branches or subsidiaries in an EC Member State or an EFTA State."

Article 3

The texts of, and the headings related to, the following points in Annex VII to the Agreement shall be deleted:

- point 20 (Council Directive 64/222/EEC),

- point 21 (Council Directive 64/223/EEC),

- point 22 (Council Directive 64/224/EEC),

- point 23 (Council Directive 68/363/EEC),

- point 24 (Council Directive 68/364/EEC),

- point 25 (Council Directive 70/522/EEC),

- point 26 (Council Directive 70/523/EEC),

- point 29 Council Directive 75/369/EEC),

- point 31 (Council Directive 64/427/EEC),

- point 32 (Council Directive 64/429/EEC),

- point 33 (Council Directive 64/428/EEC),

- point 34 (Council Directive 66/162/EEC),

- point 35 (Council Directive 68/365/EEC),

- point 36 (Council Directive 68/366/EEC),

- point 37 (Council Directive 69/82/EEC),

- point 38 (Council Directive 82/470/EEC),

- point 39 (Council Directive 63/607/EEC),

- point 40 (Council Directive 65/264/EEC),

- point 41 (Council Directive 68/369/EEC),

- point 42 (Council Directive 70/451/EEC),

- point 43 (Council Directive 67/43/EEC),

- point 44 (Council Directive 68/367/EEC),

- point 45 (Council Directive 68/368/EEC),

- point 46 (Council Directive 75/368/EEC),

- point 47 (Council Directive 82/489/EEC),

- point 48 (Council Directive 63/261/EEC),

- point 49 (Council Directive 63/262/EEC),

- point 50 (Council Directive 65/1/EEC),

- point 51 (Council Directive 67/530/EEC),

- point 52 (Council Directive 67/531/EEC),

- point 53 (Council Directive 67/532/EEC),

- point 54 (Council Directive 67/654/EEC),

- point 55 (Council Directive 68/192/EEC),

- point 56 (Council Directive 68/415/EEC),

- point 57 (Council Directive 71/18/EEC),

- point 72 (Commission Recommendation 65/77/EEC),

- point 73 (Commission Recommendation 65/76/EEC),

- point 74 (Commission Recommendation 69/174/EEC).

Article 4

The texts of Directive 1999/42/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 5

This Decision shall enter into force on 28 October 2000, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee(3).

Article 6

This Decision shall be published in the EEA section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, 27 October 2000.

For the EEA Joint Committee

The President

G. S. Gunnarsson

(1) Not yet published in the Official Journal.

(2) OJ L 201, 31.7.1999, p. 77.

(3) Constitutional requirements indicated.