Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the directives on liberalization and transitional measures and supplementing the general systems for the recognition of qualifications
Date: 1996-02-08
Institutions: European Commission
Subjects: freedom to provide services, professional experience, professional qualifications, recognition of diplomas, right of establishment

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  08.02.1996 
COM(96)  22  final 

96/0031  (COD) 

Proposal  for  a 
EUROPEAN  PARLIAMENT  AND  COUNCIL  DIRECTIVE 

establishing  a mechanism  for  the  recognition  of  qualifications  in  respect  of  the 
professional  activities  covered  by  the Directives  on  liberalization  and 
transitional  measures  and  supplementing  the  general  systems 
for  the  recognition  of  qualifications 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

I. 

1. 

Introduction 

Current  legal  framework 

Back  in  the  1960s  the  European  Community  chose  to  follow  a  sectoral  approach  to  the 
recognition  of  professional  qualifications  and  adopted  numerous  directives  on  the  basis  of 
Articles  49,  54,  57, 63  and  66  of  the  EC  Treaty.  Initially,  several  such  directives  -  relating, 
in  particular,  to  occupations  and  sectors  in  commerce,  industry  and  small  craft  industries -
were  adopted  in order  to facilitate  access to  specific  occupations  by  guaranteeing,  subject  to 
certain  conditions,  recognition  in  the  host  Member  State  of  experience  gained  in  the  home 
Member  State.  These  transitional  measures  were  adopted  pending  mutual  recognition  of 
qualifications.  Further  directives,  in  some  cases  covering  the  same  fields  of  activity,  were 
adopted  on  the  basis  of  Articles  54  and  63  with  a  view  to  removing  before  the  end  of  the 
transitional  period  various  barriers  to  freedom  of  establishment  and  freedom  to  provide 
services. 

Starting  in  1975,  the  Community's  approach  in  the  case  of  six  health  professions  was 
progressively  to  coordinate  education  and  training  by  establishing  minimum  qualitative  and 
quantitative  criteria  (such  as  course  content  and  duration)  so  as  to  permit  automatic 
recognition  of  qualifications  satisfying  those  criteria. 

Since  dealing  with  each  sector  in turn  proved  slow  and  laborious, the  Community  switched 
to  a broad, horizontal  approach.  A general  system  for  the recognition  of  diplomas  and  other 
training qualifications  was introduced by Directive  89/48/EEC and supplemented, for  training 
below the  level  of three years' higher  education, by Directive  92/51/EEC.  These  systems  are 
based  on  the  assumption  that  any  professional  who  is  fully  qualified  in  one  Member  State 
possesses the qualifications  needed  to practise the same profession  in  another Member  State. 
Only  where  the  training  undergone  differs  substantially  from  that  required  by  the  host 
Member  State  may  the  latter  require  the  shortfall  to  be  made  up  (normally  by  means  of  an 
aptitude  test  or  adaptation  period).  If  there  is  no  coordination  of  minimum  training 
requirements, then the general  systems do not permit  automatic recognition  of  qualifications. 
Furthermore, unlike under the Directives on transitional  measures, recognition  of  professional 
experience  gained  in  the  home  Member  State  does  not,  in  itself,  entitle  the  migrant  to 
immediate  authorization to take up and pursue the same profession  in the host Member  State, 
but it is taken into account in assessing his qualifications,  particularly  when determining what 
further  training or periods of work  experience need to be completed  in order to compensate  -
hence  the  term  "compensation  measures"  -  for  any  substantial  differences  between  the 
education  and training  undergone  by the migrant  and that  required  in order to practise in the 
host  Member  State. 

The  further  development  of  this  approach  has  been  influenced  by  political  considerations 
based  on  the  subsidiarity  principle  as  outlined  in  particular  at  the  Edinburgh  Summit(1).  In 
practical  terms,  these  considerations  have  resulted  in  a re-examination  of  the  relatively  old 
directives  on  professional  qualifications  and  in  efforts  to  clarify  and  simplify  Community 
legislation  in  this  area. 

Against this background the present proposal retains, in the interests of consistency, the broad, 
horizontal  approach  to  the  recognition  of  professional  qualifications. 

(1) 

Annexes  1 and 2 to Part  A of the Presidency's  Conclusions  at the European  Council  in 
Edinburgh  on  11 and  12 December  1992. 

2.  Main  features  of  the  proposal 

2.1  The  purpose  of  the  proposal  is  to  introduce  machinery  for  the  recognition  of 
qualifications  relating  to  professional  activities  not  covered  by  the  existing  "general 
system" Directives. The machinery  will permit migrants to apply  for the recognition  of 
their  qualifications  if they  do not possess the professional  experience required  in  order 
to invoke a "transitional  measures" Directive. In that case, they may already  invoke the 
relevant case-law of the Court of Justice (see particularly  Case C-340/89, Vlassopoulou. 
[1991]  ECR  1-2357),  which  also  provide  certain  procedural  guarantees  (reasoned 
decision,  legal  redress), but not the more  specific  procedural  guarantees  (for  example, 
time-limit  for  the  decision)  provided  by the  general  systems. This proposal  also  aims' 
therefore,  to provide them with those more specific  guarantees. The express  stipulation 
of  those  guarantees  in  a directive that  must be  incorporated  into  each  Member  State's 
national  law should enhance legal certainty  at national  level and ensure that individuals 
are better  informed  as to their  rights. 

2.2  The  proposal  is  also  designed  to  recast  the  main  provisions  of  the  "transitional 
measures"  and  "liberalization"  Directives  relating  in  particular  to  commerce,  industry 
and small  craft  industries(2), so as to clarify  and simplify  Community  legislation  in this 
area  in  line  with  the  conclusions  reached  at  the  European  Council  in  Edinburgh  on 
11 and  12 December  1992. 

2.3 

In order to facilitate any necessary updating of the categories of professional  experience 
and the  corresponding  activities, powers  are  delegated  to the  Commission  in the  form 
of  a committee  procedure  based  on  the  model  contained  in  Directive  92/51/EEC. 

2.4  The  coordinating  group  set  up  under  Directive  89/48/EEC  and  also  responsible  for 
Directive  92/51/EEC  will  be  assigned  a similar  task  in  respect  of  this  proposal. 

3. 

Repeal  of  certain  provisions 

3.1  Those directives  which  are based solely  on Articles  54(2) and (3) and 63(2)  and (3) of 
the  Treaty  and the  sole purpose  of  which  was the  abolition  of  restrictions  on  grounds 
of  nationality  during  the  transitional  period  should  be  repealed.  Articles  52  and  59, 
which  have  been  directly  applicable  in  the  Member  States  since  the  end  of  the 
transitional  period,  have  rendered  redundant  those  directives,  which  were  designed  to 
ensure  freedom  of  establishment  and  freedom  to  provide  services,  since  the  principle 
of national treatment has now been given direct effect  by the Treaty itself3).  However, 
certain liberalization directives (being based on Articles 54(2) and (3) and 63(2) and (3) 
of the Treaty) also contain provisions permitting recognition of proof as to the migrant's 
good character or repute and financial  standing. Those provisions, which go beyond the 
(directly  applicable)  Articles  52  and  59, must  be retained(4). 

(2) 

(3) 

(4) 

With the exception of Directives 74/556/EEC and 74/557/EEC on trade and distribution 
in  toxic products  and  Directive  77/92/EEC  on  insurance  agents  and brokers,  owing  to 
their  special  features  (e.g.  an  additional  certificate  of  aptitude  for  practsing 
the  profession). 
Case  2/74,  Revners  v  Belgium.  [1974]  ECR  631;  Case  33/74,  Van  Binsbereen  v 
Bedrijfsvereiniging  Metaalniiverheid.  [1974]  ECR  1299. 
Moreover,  certain  definitions  will  remain  as  references  as  those  which  figure  in  the 
general programme for  establishment  and provision of services (OJ No C 2, 15.1.1962). 
In  this  way,  for  example,  Directive  63/607/EEC  contains  in  Articles  2  and  4  certain 
definitions  (of  films  and  their  "nationality")  for  the  purpose  of  their  application  in  a 
particular  case, which  will  remain  the  definitions  of  reference  for  all new  Community 
instruments  which  it  is intended  to  adopt  in  the  area  of  cinema. 

3.2  Consideration  should  also be given to repealing the provisions granting Member  States 
in  which  certain  knowledge  and  skills  are not  required  in  order to  take  up  and  pursue 
the activity  concerned  the option  of  requesting  from  the Commission  authorization  to 
require from  nationals of other Member  States proof that they possess the  qualifications 
required  for  the  pursuit  of  the  activity  concerned  in  their  home  Member  State(5). 
These  safeguard 
the  principle  of 
non-discrimination,  as developed  in the Court of Justice's  case-law, or with the mutual 
trust  on  which  both  general  systems  are based;  moreover,  the various problems  which 
may  arise  in  practice  can  be  resolved  through  discussion  within  the  group  of 
coordinators (see commentary  on Article  11 below). The same applies to the  safeguard 
clauses  in  respect  of Luxembourg(6). 

longer  compatible  with 

clauses  are  no 

3.3  The  "professional  profiles"  may  also  be  regarded  as redundant  owing  to  the  principle 
of mutual  trust, which  forms  the basis for  the general  systems  and for  the  Community 
law  relating  to the  internal  market.  It  was possible  to justify  the  requirement  for  each 
Member  State to provide a detailed description of the professional  activities covered by 
a  given  directive  before  the  network  of  administrative  cooperation  was  set  up  in  the 
form of the coordinating group under the "general system" Directives. The network now 
provides the  means of  resolving  any  difficulties  arising  from  Member  States'  differing 
definitions  of  a  profession. 

3.4  Lastly, the repeal  should be proposed of provisions  stipulating nationality  requirements 
for  guards(7)  and  for  managerial  posts  in  professional  organizations  which  exercise 
public  authority(8). The  directives  should not be  allowed  to prejudge  the  way  in  which 
Article  55 of the EC  Treaty  is interpreted  by the Court of  Justice. The same applies to 
the  derogations  in  respect  of  Luxembourg  with  regard  to the  election  of  management 
bodies  of  professional  associations^. 

4. 

Flanking  measures 

The  1974  Commission  communication  concerning  the  proofs,  declarations  and  certificates 
relating to  good  repute,  absence  of previous  bankruptcy,  and  nature  and  duration  of  activity 
in  the  home  Member  State  needs  to  be  updated.  The  Member  States  (in  particular  Greece, 
Spain,  Portugal,  Sweden,  Finland  and  Austria,  which  joined  the  Community  after  the 
communication  was  adopted  and  whose  authorities  are  thus  not  included  in  the  current  list) 
will  have  to  provide  complete,  updated  lists  of  the  authorities  competent  to  issue  the 
documents  in question.  The EFTA  countries  - the Community's partners in the EEA  - are to 
take  the  same  action,  albeit  on  a voluntary  basis. 

The updated  communication  will  also  cover  the professional  activities  which  are  referred  to 
in  Council  Directives  74/556/EEC,  74/557/EEC  (toxic  products  and  transitional  measures), 
75/368/EEC (various  activities), 75/369/EEC (itinerant  activities), 82/489/EEC  (hairdressers) 
and  82/470/EEC (self-employed  persons  in certain  services incidental  to transport  and  travel 
agencies)  and  are  not  covered  by  the  communication  in  question  but  which  also  contain 
provisions  on  good  repute,  the  absence  of  previous  bankruptcy  and  the  duration  and  nature 
of  the  professional  activities  in  the home  Member  State. 

(5) 

(6) 

(7) 
(8) 

(9) 

for  example,  Article  6(3)  of  Directive  68/366/EEC  and  Article  5  of 

See, for  example,  Article  6 of  Directive  68/366/EEC  concerning  transitional  measures 
in  respect  of  the  food  manufacturing  and  beverage  industries. 
See, 
Directive  64/427/EEC. 
See  Article  4 of  Directive  67/43/EEC. 
See,  for  example.  Article  5(2)  of  Directive  66/162/EEC  on  liberalization  in  the 
energy  field. 
See, for  example,  Article  4(3)  of  Directive  68/365/EEC. 

II.  Commentary  on the Articles 

Article  1 
(Scope) 

The scope is defined  by reference  to the categories of professional  activity  listed  in Annex  A 
to the  proposal. 

In  order  to  take  into  account  any  technical  and  social  developments,  the  Commission  has 
consulted  the  main  professional  associations  at  European  level.  Almost  without  exception, 
they  are  opposed  to  the  new  Directive's  scope  differing  in  any  way  in  from  that  of  the 
Directives  on  liberalization  and  transitional  measures.  But  provision  has  been  made  for  any 
updating  that  may  prove  necessary  (see  Article  10). 

Most  of  the professional  associations  do not  consider  it  appropriate  at present  to  replace  the 
old  ISIC  and  NICE  nomenclatures  (used  in  the  Directives  on  liberalization  and  transitional 
measures)  by  the  NACE  nomenclature  (which  has,  for  many  years,  been  the  official 
nomenclature  for  statistics  compiled  by  EC  departments).  NACE  is not  always  suitable  for 
specifying  the  activities  covered  by  the  Directives.  Several  professional  associations  also 
expressed  concern  that  adoption  of  a new  nomenclature  would  entail  unwanted  changes  in 
scope. Lastly, a change of nomenclature would oblige the Member  States to repeat the process 
of  incorporating  the  Directives  concerned  into  national  law. 

Article  2 
(Information) 

This  Article  stipulates  that  the  Member  States  are  to  supply  information;  corresponding 
provisions  are  contained  in  all  the  "transitional  measure"  Directives. 

Article 3 
(Recognition  of  qualifications) 

This  Article  introduces  machinery  for  the  recognition  of  qualifications,  so  as  to  cover  the 
professional  activities excluded from the general systems by Article  2 of Directive  92/51/EEC. 
The recognition  machinery  introduced  here is that which  has been  developed  in the Court of 
Justice's case-law on the basis of Article  52 of the EC  Treaty  (particularly  in its judgment  in 
Case  C-340/89,  Vlassopoulou.  [1991]  ECR  1-2357).  However,  the  present  proposal  gives 
additional  clarification  as regards  procedural  guarantees by  incorporating  those provided  for 
in Directives  89/48/EEC  and  92/51/EEC  (particularly  regarding the time-limit  for  decisions). 

This  machinery  will  be  of  particular  benefit  to  migrants  who  do  not  have  the  experience 
required  in  order  to  take  up  and  pursue  as  a matter  of  course  the  same professional  activity 
in the host  Member  State. 

Article 4 
(Recognition  of  professional  experience) 

The  machinery 
"transitional  measures"  Directives. 

for 

recognizing  professional 

experience 

is  unchanged 

from 

the 

The  categories  of  professional  experience  also  remain  unchanged(10)  in  relation  to  the 
transitional measures directive. Consultations with the professional  organisations have revealed 
that  the  majority  of  these,  like  the  Member  States  most  concerned,  are,  at  present,  opposed 
to any simplification  of the categories of professional  experience.  With  a view to  preventing 
any prejudging of future developments a committee procedure regarding modification  has been 
introduced  (see  Article  10). 

The  professional  activities  concerned  are  defined  by  reference  to  the  lists  contained  in 
Annex  A.  The  various  categories  are  listed  according  to  the  number  of  years'  experience 
needed in order for the migrant's qualifications  to be recognized, as currently  stipulated in the 
"transitional  measures"  Directives. 

Article 5 
(Company  manager) 

A common  definition  based on that  already  used  in a large number  of  directives  is given  for 
the  concept  of  company  manager. 

This  Article  is  also  designed  to  facilitate  the  exercise  of  freedom  of  establishment  and 
freedom  to  provide  services. 

Article  6 
(Certificates  of  professional  experience) 

This  provision  is  also  common  to  most  of  the  "transitional  measures"  Directives.  Each 
Member  State  must  accept,  as  proof  that  the  requirements  laid  down  by  the  Directive  have 
been met, certificates  issued by the migrant's Member  State of origin or by the Member  State 
from  which  he  comes. 

Article  7 
(Proof  of  good  repute,  etc.) 

Paragraph  1, which  relates  to  the  acceptance  of  extracts  from  the  "judicial  record"  as  proof 
of good  repute and of not having previously  been  declared bankrupt,  reproduces the  wording 
used  in  all  the  directives  that  include  such  a provision. 

Paragraphs  2  and  3, which  relate  to  certificates  issued  or  declarations  made  in  the  migrant's 
home  Member  State  or  in  the  Member  State  from  which  he  comes  in  cases  where  the 
documents  referred  to  in  the  first  paragraph  cannot  be  obtained,  combine  provisions  from 
several  directives  in  order  to  cover  all the  documents that  may  be  required,  according  to the 
circumstances. Paragraph  2 covers not only proof that  certain  requirements  as to good  repute 
have been met (a requirement  common to all the directives containing this kind of provision), 
but also proof of having not previously been  declared bankrupt01}, proof of good character0  }, 
and  proof  of  having  not  previously  been  the  subject  of  professional  or  administrative 
disciplinary  measures (for  example, withdrawal of the right to hold certain offices,  suspension 
from  practice  or  striking-off)°3).  The  same  applies  to  paragraph  3. 

Paragraph  6 (duration of validity of the documents referred  to in paragraphs  1, 2 and 3 and  5) 
remains  unchanged  from  the existing provisions. Paragraph  5 refers  to  insurance  certificates. 

°0)  With  the  sole  exception  of  those  mentioned  in  Article  4(2)  of  Directive  68/366/EEC, 
which  it  proposed  to  replace  by  those  applying  in  other  areas  of  the  same Directive. 

( n)  Directive  67/43/EEC. 
02)  Directive  64/428/EEC. 
(13)  Directive  66/162/EEC . 

Paragraph  4  relates  to  the  certificates  issued  by  banks  as proof  of  financial  standing,  these 
being  currently  required  for  mining  and  quarrying04),  electricity,  gas,  water  and  sanitary 
services,0 5) and  exploration  (prospecting  and  drilling)  for  petroleum  and natural  gas°6).  This 
provision  should  be  extended  to  cover  other  professional  activities. 

Article  8 
(Amendment  of  the general  system) 

This  Article  extends  to  the  general  system  the  provisions  contained  in  certain  "transitional 
measures"  Directives  regarding  mutual  recognition  of  proof  of  financial  standing  and  of 
insurance  cover  against  the  financial  consequences  of  professional  liability. 

This  Article  also  extends  the  General  System  to  nurses,  for  example  to  the  specialists  who 
wish  to  exercise  their  profession  in  another  member  state  when  this  requires  for  these 
activities  the  diploma  in  general  nursing  provided  for  by  Directive  77/452/EEC  concerning 
the mutual recognition of diplomas, certificates  and other evidence of the formal  qualifications 
of  nurses  responsible  for  general  care.  Particularly  Article  2  of  Directive  89/48/EEC  and 
Article 2 of the Directive 92/51/EEC excludes the professions  which are covered by a  specific 
Directive on recognition  of diplomas such  as Directive  77/452/EEC.  These nurses only  have 
recourse to Articles 48, 52 and 59 EC, as interpreted by the Court for the recognition  of their 
diplomas  with  a view to  exercising  their profession:  This  is not  a problem  in the  same way 
for  other professions  which  are the subject  of  specific  directives on  recognition  of diplomas. 

Articles  9 and  10 
(Updating) 

Article  9  introduces  a  committee  procedure  for  amending  the  provisions  of  Article  4 
(categories of professional  experience) and the lists appearing in Annex A (list of  professional 
activities)  of  the Directive,  in  order  to  facilitate  their  updating  in  the  light  of  the  social  and 
technical  developments. 

Article  10  continues  the  committee  procedure  provided  for  Articles  15,  sections  3  to  7  of 
Directive  92/51/EEC.  It  involves  the  same  committee. 

Article  11 
(Coordinating  group  and  national  authorities) 

This  Article  extends  the  remit  of  the  coordinating  group  set  up  under Directives  89/48/EEC 
and  92/51/EEC to  cover the proposed  Directive,  and  also  includes the usual  clause  requiring 
Member  States to designate the authorities responsible for handling applications from  persons 
covered  by  the  proposal. 

Article  12 
(Repeal) 

This  Article  repeals  the  Directives  on  transitional  measures  and  liberalization,  the  main 
provisions  of  which  have  been  included  in  the  proposal. 

Article  13 
(Reports) 

This provision reproduces an existing one contained in Directives  89/48/EEC and 92/51/EEC. 
The  reports  stipulated  will  enable  an  assessment  to  be  made  of  the  new  system's  operation. 

(14)  Directive  64/428/EEC. 
(15)  Directive  66/162/EEC. 
06)  Directive  69/82/EEC. 

These  contain  the  standard  final  provisions. 

Articles  14 to  16 

Proposal  for  a 
EUROPEAN  PARLIAMENT  AND  COUNCIL  DIRECTIVE 

establishing  a mechanism  for  the  recognition  of  qualifications  in  respect  of  the 
professional  activities  covered  by  the Directives  on  liberalization  and 
transitional  measures  and  supplementing  the  general  systems 
for  the  recognition  of  qualifications 

THE EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF  THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles  49  and  57(1), the  first  and  third  sentences  of  Article  57(2),  and  Article  66  thereof, 

Having  regard  to  the proposal  from  the  Commission0}, 

Having  regard  to  the  opinion  delivered  by  the  Economic  and  Social  Committee(2), 

Acting  in  accordance  with  the  procedure  laid  down  in  Article  189b  of  the  Treaty, 

( 1 )  Whereas, pursuant to the Treaty, all discriminatory  treatment based on nationality  with 
regard  to  establishment  and  provision  of  services  is prohibited  as from  the  end  of  the 
transitional  period;  whereas, therefore,  certain  provisions  of the Directives  applying to 
this  subject  have  become  redundant  as  regards  the  implementation  of  the  rule  of 
national  treatment,  since this rule is established,  with  direct  effect,  by the Treaty  itself; 

(2)  Whereas,  however,  certain  of  the  Directives'  provisions  that  facilitate  the  effective 
exercise  of  the  right  of  establishment  and  the  freedom  to  provide  services  should  be 
retained,  particularly  where  they  usefully  lay  down  how  obligations  under  the  Treaty 
are  to  be  discharged; 

(3)  Whereas,  in  order  to  facilitate  the  exercise  of  the  freedom  of  establishment  and  the 
freedom  to provide services in respect of a number of activities, Directives  introducing 
transitional  measures  have  been  adopted  pending  mutual  recognition  of  qualifications; 
whereas  those  Directives  allow,  as  sufficient  qualification  for  taking  up  the  activities 
in  question  in  Member  States  which  have  rules  governing  the  taking-up  of  such 
activities,  the  fact  that  the  activity  in  question  has  been  pursued  for  a  reasonable  and 
sufficiently  recent period of time, in the Member  State from  where the foreign  national 
comes; 

(4)  Whereas the  main provisions  of the  said Directives  should  be replaced  in line with  the 
conclusions  of  the  European  Council  in  Edinburgh  on  11 and  12 December  1992, 
regarding  subsidiarity,  the  simplification  of  Community  legislation  and,  in  particular, 
the  reconsideration  by  the  Commission  of  the  relatively  old  directives  dealing  with 
professional  qualifications;  whereas  the  directives  in  question  should  therefore  be 
repealed; 

(5)  Whereas  appropriate  procedures  need  to  be  introduced  for  updating  the  categories  of 
professional  experience and the lists of professional  activities to which those  categories 
refer; 

(i) 

(2) 

OJ  No C 
OJ  No C 

(6)  Whereas  Council  Directive  89/48/EEC  of  21  December  1988  on  a  general  system 
for  the  recognition  of  higher-education  diplomas  awarded  on  completion  of 
three  years'  duration(3)  and 
professional  education  and 
Council  Directive  92/51/EEC  of  18 June  1992  on  a  second  general  system  for  the 
recognition of professional  education and training to supplement Directive  89/48/EEC(4), 
as  last  amended  by  Commission  Directive  95/43/EC(5),  do  not  apply  to  certain 
professional  activities covered by the Directives applying to this subject-matter; whereas 
recognition  machinery  in respect  of  qualifications  should,  therefore,  be introduced  for 
those  professional  activities not  covered  by  Directives  89/48/EEC  and  92/51/EEC; 

training  of  at 

least 

(7)  Whereas Member  States should also be required, under the general system, to recognize 
certificates  of  sound  financial  standing  issued  by  banks  in  other  Member  States  and 
certificates  of  insurance  against  the  financial  consequences  of  professional  liability 
issued  by  insurance  undertakings  in  other  Member  States; 

(8)  Whereas Directives  89/48/EEC  and  92/51/EEC should be amended in order to facilitate 
the  free  movement  of  nurses  who  do  not  hold  any  of  the  qualifications  listed  in 
Article  3 of Directive  77/452/EEC  of  27 June  1977 concerning the mutual  recognition 
of  diplomas,  certificates,  and  other  evidence  of  the  formal  qualifications  of  nurses 
responsible  for  general  care,  including  measures  to  facilitate  the  effective  exercise  of 
the right of establishment and freedom  to provide services(6), as last amended by the Act 
of  Accession  of  Austria,  Finland  and  Sweden; 

(9)  Whereas  this  Directive  should  require  regular  reports  to  be  drawn  up  on  its 

implementation; 

(10)  Whereas this Directive should be without prejudice  to the application  of Articles  48(4) 

and  55 of  the  Treaty, 

HAVE  ADOPTED  THIS  DIRECTIVE: 

TITLE I 
Scope 

Article 1 

1.  Member  States  shall  adopt  the  measures  defined  in  this  Directive  in  respect  of 
establishment  or  provision  of  services  in  their  territories  by  natural  persons  and 
companies or firms  covered by Title I of the General Programmes(7) (hereinafter  called 
"beneficiaries")  and  wishing to  pursue the  activities  listed  in  Annex  A. 

2. 

This Directive shall apply to nationals of Member  States who wish to pursue in the host 
Member  State,  in  a  self-employed  or  employed  capacity,  the  activities  listed  in 
Annex  A. 

(3) 

(4) 

(5) 

(6) 

(7) 

O J N oL  19, 24.1.1989, p.  16. 
OJ  No  L  209, 24.7.1992, p. 25. 
OJNo  L  184, 3.8.1995, p. 21. 
O J N oL  176,  15.7.1977, p.  1. 
OJ No  2,  15.1.1962, pp.  32/62  and  36/62. 

10 

Article  2 

Member  States  in  which  the  taking-up  or  pursuit  of  any  activity  referred  to  in  Annex  A  is 
subject  to  possession  of  certain  qualifications  shall  ensure  that  any  applicant  beneficiary  is 
provided,  before  he  establishes  himself  or  before  he  begins  to  pursue  any  activity  on  a 
temporary basis, with information  as to the rules governing the occupation  which he proposes 
to  pursue. 

TITLE II 
Additional  measure  on the recognition of  qualifications 

Article 3 

1.  Without prejudice  to Article  4, a Member  State may not, on the grounds of  inadequate 
qualifications,  refuse to permit a national  of another Member  State to take up or pursue 
any  of the  activities listed  in Part  One of  Annex  A on the same  conditions  as apply to 
its own nationals, without having first  compared the skills certified by the  qualifications 
obtained  by  the  applicant  with  a view  to  pursuing  the  same  activity  elsewhere  in  the 
Community  with  those  required  under  its  own  national  rules.  Where  the  comparative 
examination  shows that  the  knowledge  and  skills  certified  by  a qualification  awarded 
by  another  Member  State  correspond  to those  required  by  the national  rules, the  host 
Member  State  cannot  refuse  the  holder  the  right  to  pursue  the  activity  in  question. 
Where, however,  the  comparative  examination  shows only  partial  correspondence,  the 
host Member  State  shall  give the  applicant  the opportunity  to  demonstrate  that  he  has 
acquired  the  knowledge  and  skills  which  were  lacking. 

2. 

Applications  for  recognition  within  the  meaning  of  paragraph  1  shall  be  examined 
within the shortest possible time, and the competent authority  in the host Member  State 
shall  state  its  reasons  when  giving  a  decision,  which  shall  be  taken  no  later  than  four 
months  from  the  date  on  which  the  application  and  comprehensive  supporting 
documentation  were  submitted.  There  shall  be  a  right  to  appeal  under  national  law 
against  a decision,  or  against  the  absence  of  such  decision. 

TITLE III 
Recognition  of  professional  qualifications  on the  basis of 
professional  experience  acquired in another Member State 

Article 4 

Where,  in  a  Member  State,  the  taking-up  or  pursuit  of  any  activity  listed  in  Annex  A  is 
subject  to  possession  of  general,  commercial  or  professional  knowledge  and  ability,  that 
Member  State shall  accept  as sufficient  evidence of  such  knowledge  and ability  the fact  that 
the activity in question has been pursued in another Member  State.  This must  be done where 
the  activity  is  mentioned  in  Annex  A: 

1. 

In  the  case  of  the  activities  in  List  I: 

(a) 

six  consecutive  years  in  either  a self-employed  or  a managerial  capacity;  or 

(b) 

three  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves  that  for  the  activity  in  question  he  has  received  at  least 
three years' previous  training  attested  by  a certificate  recognized  by  the  State  or 
regarded  by  a  competent  professional  or  trade  body  as  fully  satisfying  its 
requirements;  or 

(c) 

three consecutive years in a self-employed  capacity, where the beneficiary  proves 
that he has pursued the  activity  in question  for  at least five years in  an  employed 
capacity;  or 

11 

(d) 

five  consecutive years in a managerial  capacity  of which at least three years were 
spent  in  technical  posts  with  responsibility  for  one  or  more  departments  of  the 
undertaking, where the beneficiary  proves that for  the activity  in  question  he has 
received  at least three years' previous training  attested by a certificate  recognized 
by  the  State  or  regarded  by  a  competent  professional  or  trade  body  as  fully 
satisfying  its  requirements. 

In the cases referred  to at (a) and (c), pursuit of the activity  shall not have ceased  more 
than  ten  years before  the  date  on  which  the  application  under  Article  6 is made. 

2. 

In  the  case  of  the  activities  in  List II: 

(a) 

six  consecutive  years  in  either  a self-employed  or  a managerial  capacity;  or 

(b) 

three  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves  that  for  the  activity  in  question  he  has received  at  least  three 
years'  previous  training  attested  by  a  certificate  recognized  by  the  State  or 
regarded  by  a  competent  professional  or  trade  body  as  fully  satisfying  its 
requirements;  or 

four  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves  that  for  the  activity  in  question  he  has  received  at  least  two 
years'  previous  training  attested  by  a  certificate  recognized  by  the  State  or 
regarded  by  a  competent  professional  or  trade  body  as  fully  satisfying  its 
requirements;  or 

(c) 

(d) 

three  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves  that  he  has  pursued  the  activity  in  question  for  at  least  five 
years  in  an  employed  capacity;  or 

five  consecutive years in an employed capacity, where the beneficiary  proves that 
for  the  activity  in  question  he has  received  at least three years' previous  training 
attested  by  a  certificate  recognized  by  the  State  or  regarded  by  a  competent 
professional  or trade  body  as fully  satisfying  its  requirements;  or 

six consecutive years in an employed  capacity,  where the beneficiary  proves that 
for  the  activity  in  question  he  has  received  at  least  two  years'  previous  training 
attested  by  a  certificate  recognized  by  the  State  or  regarded  by  a  competent 
professional  or  trade  body  as fully  satisfying  its  requirements. 

In the cases referred  to at (a) and (c), pursuit of the activity  shall not have ceased  more 
than  ten  years  before  the  date  on  which  the  application  provided  for  in  Article  6  is 
made. 

3. 

In  the  case of the  activities  in  List III: 

(a) 

six  consecutive  years  in  either  a self-employed  or  a managerial  capacity;  or 

(b) 

three  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves  that  for  the  activity  in  question  he has  received  at  least  three 
years'  previous  training  attested  by  a  certificate  recognized  by  the  State  or 
regarded  by  a  competent  professional  or  trade  body  as  fully  satisfying  its 
requirements;  or 

(c) 

three consecutive years in a self-employed  capacity, where the beneficiary  proves 
that he has pursued the activity  in question  for  at least five years in  an  employed 
capacity. 

12 

In the cases referred  to at (a) and (c), pursuit of the activity  shall not have ceased  more 
than  ten  years  before  the  date  on  which  the  application  provided  for  in  Article  6  is 
made. 

4. 

In  the  case of  the  activities  in  List  IV: 

(a) 

five  consecutive  years  in  either  a self-employed  or  managerial  capacity;  or 

(b) 

(c) 

(d) 

(e) 

two  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves  that  for  the  activity  in  question  he has received  at  least  three 
years'  previous  training  attested  by  a  certificate  recognized  by  the  State  or 
regarded  by  a  competent  professional  or  trade  body  as  fully  satisfying  its 
requirements;  or 

three  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves  that  for  the  activity  in  question  he  has  received  at  least  two 
years'  previous  training  attested  by  a  certificate  recognized  by  the  State  or 
regarded  by  a  competent  professional  or  trade  body  as  fully  satisfying  its 
requirements;  or 

two  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves that  he has  pursued  the  activity  in  question  for  at  least  three 
years  in  an  employed  capacity;  or 

three  consecutive  years  in  an  employed  capacity,  where  the  beneficiary  proves 
that  for  the  activity  in  question  he  has  received  at  least  two  years'  previous 
training  attested  by  a  certificate  recognized  by  the  State  or  regarded  by  a 
competent  professional  or  trade  body  as fully  satisfying  its  requirements. 

5. 

In  the  case  of  the  activities  in  List  V: 

(a) 

three years in a self-employed  or managerial  capacity, provided that pursuit of the 
activity  in  question  did  not  cease  more than  two years  before  the  date  on  which 
the  application  provided  for  in  Article  6 is made,  unless the  host  Member  State 
permits its nationals to interrupt  their pursuit  of  that  activity  for  a longer  period; 
or 

(b) 

three years in a self-employed  or managerial capacity, provided that pursuit of the 
activity  in  question  did  not  cease  more than  two  years before  the  date  on  which 
the  application  provided  for  in  Article  6 is  made. 

6. 

In  the  case  of  the  activities  in  List VI: 

(a) 

three  consecutive  years  in  either  a self-employed  or  a managerial  capacity;  or 

(b) 

(c) 

(d) 

two  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves  that  for  the  activity  in  question  he  has  received  previous 
training  attested  by  a  certificate  recognized  by  the  State  or  regarded  by  a 
competent  professional  or  trade  body  as  fully  satisfying  its  requirements;  or 

two  consecutive  years  in  a  self-employed  or  managerial  capacity,  where  the 
beneficiary  proves  that  he  has  pursued  the  activity  in  question  for  at  least  three 
years  in  an  employed  capacity;  or 

three  consecutive  years  in  an  employed  capacity,  where  the  beneficiary  proves 
that  for  the  activity  in  question  he  has  received  previous  training  attested  by  a 
certificate  recognized  by  the  State  or  regarded  by  a  competent  professional  or 
trade  body  as fully  satisfying  its  requirements. 

13 

In the cases referred  to at (a) and (c), pursuit of the activity  shall not have ceased  more 
than  ten  years  before  the  date  on  which  the  application  provided  for  in  Article  6  is 
made. 

Article 5 

A person  shall be regarded  as having pursued  an activity  in a managerial  capacity  within  the 
meaning  of  Article  4  if  he  has  pursued  such  an  activity  in  an  industrial  or  commercial 
enterprise  in the occupational  field  in  question: 

(a) 

as manager  of  an  undertaking  or  manager  of  a branch  of  an  undertaking;  or 

(b) 

(c) 

as  deputy  to  the  proprietor  or  to  the  manager  of  an  undertaking  where  such  post 
involves  responsibility  equivalent  to that  of  the  proprietor  or  manager  represented;  or 

in  a managerial  post  with  duties  of  a commercial  nature  and  with  responsibility  for  at 
least  one  department  of  the  undertaking. 

Article  6 

Proof  that  the  conditions  laid  down  in  Article  4  are  satisfied  shall  be  established  by  a 
certificate  issued  by  the  competent  authority  or  body  in  the  home  Member  State  or  in  the 
Member  State  from  where  the  applicant  comes  and  which  the  applicant  shall  submit  in 
support  of his  application  for  authorization  to pursue the  activity  or  activities  in  question  in 
the host  Member  State. 

TITLE IV 
Recognition  of  other professional  qualifications 
obtained  in another Member State 

Article  7 

1.  Where  a host Member  State requires  its own nationals  wishing  to take  up  any  activity 
referred  to  in  Article  1(2) to  furnish  proof  of  good  character  and proof  that  they  have 
not  previously  been  declared  bankrupt,  or  proof  of  either  of  these,  it  shall  accept  as 
sufficient  evidence, in  respect  of nationals of  the other  Member  States, the  production 
of  an  extract  from  the  "judicial  record"  or,  failing  this,  of  an  equivalent  document 
issued  by  a  competent judicial  or  administrative  authority  in  the  home  Member  State 
or  in  the  Member  State  from  where  the  applicant  comes  showing  that  these 
requirements  have  been  met. 

2.  Where  a  host  Member  State  imposes  on  its  own  nationals  wishing  to  take  up  any 
activity referred to in Article  1(2) certain requirements as to good character and requires 
them  to  prove  that  they  have  not  previously  been  declared  bankrupt  and  have  not 
previously  been the subject  of professional  or administrative  disciplinary  measures  (for 
example,  withdrawal  of  the  right  to  hold  certain  offices,  suspension  from  practice  or 
striking-off),  but  proof  cannot  be  obtained  from 
to  in 
paragraph  1,  it  shall  accept  as  sufficient  evidence  in  respect  of  nationals  of  other 
Member  States  a certificate  issued  by  a competent judicial  or  administrative  authority 
in  the  home  Member  State  or  in  the  Member  State  from  where  the  applicant  comes 
attesting that the requirements have been met. Such certificate  shall relate to the  specific 
facts  regarded  as relevant  by  the  host  Member  State. 

the  document  referred 

14 

Where the home  Member  State  or the Member  State  from  where the  applicant  comes 
does not  issue the documents  referred  to in paragraphs  1 and  2, such  documents  shall 
be  replaced  by  a  declaration  on  oath  -  or,  in  those  Member  States  where  there  is  no 
provision  for  such  declaration  on  oath, by  a  solemn  declaration  - made by  the  person 
concerned before a competent judicial or administrative authority or, where appropriate, 
a notary in that Member  State; such authority or notary shall issue a certificate  attesting 
the authenticity  of the declaration  on oath or solemn  declaration.  The declaration  of no 
previous bankruptcy  may  also be  made before  a competent  professional  or trade body 
in that  Member  State. 

Where  the  host  Member  State  requires  proof  of  financial  standing,  it  shall  regard 
certificates  issued  by  banks  in  the  home  Member  State  or  in  the  Member  State  from 
where  the  applicant  comes  as equivalent  to  those  issued  in  its own  territory. 

Where  a  Member  State  requires  its  own  nationals  wishing  to  take  up  or  pursue  any 
activity  referred  to  in  Article  1(2)  to  furnish  proof  that  they  are  insured  against  the 
financial  risks arising from  their professional  liability, it shall  accept certificates  issued 
by the insurance  undertakings  of other  Member  States as equivalent  to those  issued  in 
its own territory. Such certificates  shall state that the insurer has complied with the laws 
and  regulations  in  force  in  the  host  Member  State  regarding  the  terms  and  extent  of 
cover. 

The documents  referred  to in paragraphs  1, 2, 3 and  5 may not be produced  more than 
three  months  after  their  date  of  issue. 

TITLE V 
Supplement to the general  system for the recognition of  diplomas 

Article  8 

Directive  89/48/EEC  is  amended  as  follows: 

(a) 

the  following  paragraph  is  added  to  Article  2: 

"Notwithstanding  the preceding  paragraph,  where  a nurse  who does not hold one 
of  the  qualifications  listed  in  Article  3  of  Directive  77/452/EEC(*}  wishes  to 
pursue  in  another  Member  State the  activities  of  a nurse  responsible  for  general 
care  as  defined  in  Article  1  of  Directive  77/452/EEC,  the  provisions  of  this 
Directive  shall  apply. 

n 

ÔlNÔ  L  176,  15.7.1977, p.  1." 

(b) 

the  following  paragraphs  5 and  6 are  added  to  Article  6: 

"5.  Where proof  of financial  standing  is required  in order to take up or pursue 
a  regulated  profession  in  the  host  Member  State, that  Member  State  shall 
regard  certificates  issued  by  banks  in the Member  State of  origin  or  in  the 
Member  State from  where the foreign  national  comes as equivalent to those 
issued  in  its own  territory. 

6.  Where the competent authority of the host Member  State requires of its own 
nationals wishing to take up or pursue a regulated profession  proof that they 
are  insured  against  the  financial  risks  arising  from  their  professional 
liability,  that  Member  State  shall  accept  certificates  issued  by  insurance 
undertakings  of  other  Member  States  as  equivalent  to  those  issued  in  its 
own territory.  Such certificates  shall state that the insurer has complied with 
the  laws  and  regulations  in  force  in  the  host  Member  State  regarding  the 
terms  and  extent  of  cover.  They  may  not  be  produced  more  than  three 
months  after  their  date  of  issue." 

15 

Directive  92/51/EEC  is  amended  as  follows: 

(a) 

the  following  paragraph  is  inserted  into  Article  2: 

"Notwithstanding the preceding paragraph, where  a nurse who does not hold  one 
of  the  qualifications  listed  in  Article  3  of  Directive  77/452/EEC0  wishes  to 
pursue  in  another  Member  State  the  activities  of  a nurse  responsible  for  general 
care  as  defined  in  Article  1  of  Directive  77/452/EEC,  the  provisions  of  this 
Directive  shall  apply. 

n 

ÔJNÔ L  176,  15.7.1977, p.  1." 

(b) 

the  following  paragraphs  5 and  6 are  added  to  Article  10: 

"5.  Where  proof  of  financial  standing  is  required  in  order  to  take  up  or  pursue  a 
regulated  profession  in  the  host  Member  State,  that  Member  State  shall  regard 
certificates  issued by banks in the Member  State of origin or in the Member  State 
from  where  the  foreign  national  comes  as  equivalent  to  those  issued  in  its  own 
territory. 

6.  Where  the  competent  authority  of  the  host  Member  State  requires  of  its  own 
nationals  wishing  to take  up or pursue  a regulated  profession  proof  that they  are 
insured  against  the  financial  risks  arising  from  their  professional  liability,  that 
Member  State  shall  accept  certificates  issued  by  insurance  undertakings  of  other 
Member  States as equivalent to those issued in its own territory.  Such  certificates 
shall  state that the insurer has complied  with the laws and regulations  in force  in 
the  host  Member  State  regarding  the  terms  and  extent  of  cover.  They  may  not 
be produced  more than  three  months  after  their  date  of  issue." 

TITLE VI 
Procedural  provisions 

Article  9 

The provisions  of  Article  4 and  the  lists  shown  in  Annex  A may  be  amended  in  accordance 
with  the procedure  set  out  in  Article  10. 

Article  10 

The  Commission  shall  be  assisted  by  the  committee  set  up  pursuant  to  Article  15(3)  of 
Directive  92/51/EEC,  composed  of  representatives  of  the  Member  States  and  chaired  by  a 
representative  of  the  Commission. 

The  representative  of the  Commission  shall  submit  to the committee  a draft  of the  measures 
to be taken. The committee  shall deliver its opinion  on the draft  within  a time-limit  which the 
chairman  may  lay  down  according  to  the  urgency  of  the  matter.  The  opinion  shall  be 
delivered  by  the  majority  laid  down  in  Article  148(2)  of  the  Treaty  in  the  case  of  decisions 
which the  Council  is required  to  adopt on a proposal  from  the Commission.  The votes of the 
representatives  of  the Member  States  within  the  committee  shall  be  weighted  in  the  manner 
set  out  in  that  Article.  The  chairman  shall  not  vote. 

The  Commission  shall  adopt  measures  which  shall  apply  immediately.  However,  if  these 
measures  are  not  in  accordance  with  the  opinion  of  the  committee,  they  shall  be 
communicated  by  the  Commission  to  the  Council  forthwith.  In  that  event,  the  Commission 
shall  defer  application  of  the  measures  which  it has  decided  for  a period  to  be  laid  down  in 
each act adopted by the Council, but which may in no case exceed three months from  the date 
of  communication. 

16 

The  Council,  acting  by  a  qualified  majority,  may  take  a  different  decision  within  the  time-
limit  referred  to  in  the third  paragraph. 

Article  11 

1.  Member  States shall designate, within the period stipulated in Article  14, the authorities 
and bodies responsible for  issuing the certificates  referred  to in Articles  6 and 7(1),  (2) 
and  (3)  and  shall  communicate  this  information  forthwith  to  the  other  Member  States 
and  to the  Commission. 

2. 

The coordinating  group set up under Article  9(2) of Directive  89/48/EEC  shall also be 
responsible  for: 

facilitating  the  implementation  of  this  Directive; 

collecting  all  useful  information  for  its  application  in the Member  States. 

TITLE Vn 
Final  provisions 

Article  12 

1. 

2. 

The  Directives  listed  in  Annex  B  are hereby  repealed. 

References  to the repealed Directives shall be construed  as references  to this Directive. 

Article  13 

As  from  1 January  1999, Member  States  shall  communicate  to  the  Commission  every  two 
years  a report  on  the  application  of  the  system  introduced. 

In addition to general  remarks, this report shall  contain  a statistical  summary  of the  decisions 
taken  and  a description  of  the  main  problems  arising  from  the  application  of  this  Directive. 

Article  14 

1.  Member  States shall bring into force the laws, regulations and administrative provisions 
necessary to comply  with this Directive before  1 January  1999. They shall  immediately 
inform  the  Commission  thereof. 

When  Member  States  adopt  these  provisions,  these  shall  contain  a  reference  to  this 
Directive  or  shall  be  accompanied  by  such  reference  at  the  time  of  their  official 
publication.  The  procedure  for  such  reference  shall  be  adopted  by  Member  States. 

2  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions 

of  national  law  which  they  adopt  in the  field  covered  by  this  Directive. 

This Directive  shall  enter  into  force  on the twentieth  day  following  that  of  its publication  in 
the  Official  Journal  of  the  European  Communities. 

Article  15 

17 

This  Directive  is  addressed  to the Member  States. 

Article  16 

Done  at Brussels, 

For  the  European  Parliament 
The  President 

For  the  Council 
The  President 

ANNEX  A 

PART ONE 

Activities related to categories of  professional  experience 

List I 

(Major  Groups  covered  by  Directives:  64/427/EEC,  as  amended  by 
Directive  69/77/EEC;  68/366/EEC,  75/368/EEC,  75/369/EEC) 

1 

Directive  64/427/EEC 
(corresponding  liberalization  Directive.  64/429/EEC) 
NICE Nomenclature  (corresponding  to  ISIC  Major  Groups  23-40) 

Group 

Major  Group  23 

232 

233 

234 

235 

236 
237 
238 
239 

241 

242 
243 
244 
245 

251 
252 
253 

254 
255 
259 

Major  Group  24 

Major  Group  25 

Manufacture  of  textiles 
Manufacturing  and processing  of textile  materials  on  woollen 
machinery 
Manufacturing  and  processing  of  textile  materials  on  cotton 
machinery 
Manufacturing  and  processing  of  textile  materials  on  silk 
machinery 
Manufacturing  and processing  of textile materials on flax  and 
hemp  machinery 
Other  textile  fibre  industries  (jute,  hard  fibres,  etc.)  cordage 
Manufacture  of  knitted  and  crocheted  goods 
Textile  finishing 
Other  textile  industries 

Manufacture  of  footwear,  other  wearing  apparel  and  bedding 
Machine  manufacture  of  footwear  (except  from  rubber  or 
wood) 
Manufacture  by  hand  and  repair  of  footwear 
Manufacture  of  wearing  apparel  (except  furs) 
Manufacture  of  mattresses  and  bedding 
Skin  and  fur  industries 

Manufacture  of  wood  and  cork,  except  manufacture  of 
furniture 
Sawing  and  industrial  preparation  of  wood 
Manufacture  of  semi-finished  wood  products 
Series  production  of  wooden  building  components  including 
flooring 
Manufacture  of  wooden  containers 
Manufacture  of  other  wooden  products  (except  furniture) 
Manufacture  of  straw,  cork,  basketware,  wicker-work  and 
rattan  products;  brush-making 

Major  Group  26 

260 

Manufacture  of  wooden  furniture 

Major  Group  27 

271 
272 

Manufacture  of  paper  and  paper  products 
Manufacture  of  pulp, paper  and  paperboard 
Processing  of  paper  and  paperboard,  and  manufacture  of 
articles  of  pulp 

19 

Major Group 28 

280 

Printing,  publishing  and  allied  industries 

Major Group 29 

ex Major  Group 30 

ex Major  Group  31 

291 
292 

301 
302 
303 

311 

312 

313 

Leather  industry 
Tanneries  and  leather  finishing  plants 
Manufacture  of  leather  products 

Manufacture  of  rubber  and plastic products, man-made  fibres 
and  starch  products 
Processing  of  rubber  and  asbestos 
Processing  of  plastic  materials 
Production  of  man-made  fibres 

Chemical  industry 
Manufacture of chemical base materials and further  processing 
of  such  materials 
Specialized  manufacture  of  chemical  products principally  for 
industrial and agricultural purposes (including the manufacture 
for industrial  use of fats and oils of vegetable or animal origin 
falling  within  ISIC  Group  312) 

Specialized  manufacture  of  chemical  products  principally  for 
domestic  or  office  use  (excluding 
the  manufacture  of 
medicinal  and  pharmaceutical  products  (ISIC  ex  Group  319) 

Major  Group  32 

320 

Petroleum  industry 

Major  Group  33 

Major  Group  34 

Major  Group  35 

331 
332 
333 
334 
335 

339 

341 

342 
343 
344 
345 

351 
352 
353 
354 
355 

359 

Manufacture  of  non-metallic  mineral  products 
Manufacture  of  structural  clay  products 
Manufacture  of  glass  and  glass  products 
Manufacture  of  ceramic  products,  including  refractory  goods 
Manufacture  of  cement,  lime  and  plaster 
Manufacture  of  structural  materials,  in  concrete,  cement  and 
plaster 
Stone working  and manufacture  of other non-metallic  mineral 
products 

transformation  of  ferrous  and 

Production  and  primary 
non-ferrous  metals 
Iron  and  steel  industry  (as  defined  in  the  ECSC  Treaty, 
including  integrated  steelworks-owned  coking  plants) 
Manufacture  of  steel  tubes 
Wire-drawing, cold-drawing, cold-rolling of strip, cold-forming 
Production  and  primary  transformation  of  non-ferrous  metals 
Ferrous  and  non-ferrous  metal  foundries 

Manufacture  of  footwear,  other  wearing  apparel  and  bedding 
Forging,  heavy  stamping  and  heavy  pressing 
Secondary  transformation  and  surface-treatment 
Metal  structures 
Boilermaking,  manufacture  of  industrial  hollow-ware 
Manufacture  of  tools  and  implements  and  finished  articles  of 
metal  (except  electrical  equipment) 
Ancillary  mechanical  engineering  activities 

20 

Major  Group  36 

Major  Group  37 

ex  Major  Group  38 

Major  Group  39 

Major  Group  40 

361 
362 
363 

3 64 

365 

366 

367 
368 

369 

371 
372 

373 
374 
375 
376 
377 
378 
379 

383 
384 
385 
389 

391 

392 

393 
394 
395 
396 
397 
399 

400 
401 
402 
403 
404 

Manufacture  of  machinery  other  than  electrical  machinery 
Manufacture  of  agricultural  machinery  and  tractors 
Manufacture  of  office  machinery 
Manufacture  of  metal-working  and  other  machine-tools  and 
fixtures  and attachments for these and for  other powered tools 
Manufacture of textile machinery and accessories, manufacture 
of  sewing  machines 
Manufacture 
the 
food-manufacturing  and  beverage  industries  and  for  the 
chemical  and  allied  industries 
Manufacture  of plant  and equipment  for  mines, iron  and  steel 
industry; 
and 
works 
manufacture  of  mechanical  handling  equipment 
Manufacture  of  transmission  equipment 
Manufacture  of  machinery  for  other  specific 
purposes 
Manufacture  of other non-electrical  machinery  and equipment 

the  construction 

of  machinery 

equipment 

foundries, 

industrial 

and 

for 

for 

Electrical  engineering 
Manufacture  of  electric  wiring  and  cables 
Manufacture  of  motors,  generators,  transformers,  switchgear, 
and other similar equipment for the provision of electric power 
Manufacture  of  wearing  apparel  (except  furs) 
Manufacture  of  mattresses  and  bedding 
Skin  and  fur  industries 
Manufacture  of  electric  appliances  for  domestic  use 
Manufacture  of  lamps  and  lighting  equipment 
Manufacture  of  batteries  and  accumulators 
Repair,  assembly  and  specialist  installation  of  electrical 
equipment 

Manufacture  of  transport  equipment 
Manufacture  of  motor  vehicles  and  parts  thereof 
Repair  of  motor  vehicles, motorcycles  and  cycles 
Manufacture  of  motorcycles,  cycles  and  parts  thereof 
Manufacture  of  transport  equipment  not  elsewhere  classified 

Miscellaneous  manufacturing  industries 
Manufacture  of  precision  instruments  and  measuring  and 
controlling  instruments 
Manufacture  of  medico-surgical  instruments  and  equipment 
and  orthopaedic  appliances  (except  orthopaedic  footwear) 
Manufacture  of photographic  and  optical  equipment 
Manufacture  and  repair  of  watches  and  clocks 
Jewellery  and precious  metal  manufacturing 
Manufacture  and  repair  of  musical  instruments 
Manufacture  of  games, toys,  sporting  and  athletic  goods 
Other  manufacturing  industries 

Construction 
Construction  (non-specialized);  demolition 
Construction  of  buildings  (dwellings  or  other) 
Civil  engineering;  building  of  roads, bridges,  railways, etc. 
Installation  work 
Decorating  and  finishing 

21 

Directive  68/366/EEC 
(liberalization  Directive  68/365/EEC) 
NICE Nomenclature 

Major  Group  20A  200 

Industries  producing  animal  and  vegetable  fats  and  oils 

20B 

Major  Group  21 

ex  30 

ex  04 

ex  38 

ex  71 

the  beverage 

industries  (excluding 

Food  manufacturing 
industry) 
Slaughtering,  preparation  and  preserving  of  meat 
Milk  and  milk  products  industry 
Canning  and  preserving  of  fruits  and  vegetables 
Canning  and preserving  of  fish  and  other  sea  foods 
Manufacture  of  grain  mill  products 
Manufacture  of  bakery  products, including  rusks  and  biscuits 
Sugar  industry 
Manufacture  of  cocoa,  chocolate  and  sugar  confectionery 
Manufacture  of  miscellaneous  food  products 

Beverage  industry 
Production  of  ethyl  alcohol  by  fermentation,  production  of 
yeast  and  spirits 
Production  of  wine  and  other  unmalted  alcoholic  beverages 
Brewing  and  malting 
Soft  drinks  and  carbonated  water  industries 

Manufacture of rubber products, plastic materials, artificial  and 
synthetic  fibres  and  starch  products 
Manufacture  of  starch  products 

201 
202 
203 
204 
205 
206 
207 
208 
209 

211 

212 
213 
214 

304 

Directive  75/368/EEC:  activities  listed  in  Article  5(1) 
ISIC Nomenclature 

043 

381 
382 
386 

Fishing 
Inland  water  fishing 
Manufacture  of  transport  equipment 
Shipbuilding  and  repairing 
Manufacture  of  railroad  equipment 
Manufacture  of  aircraft  (including  space  equipment) 

ex  711 

ex  712 

ex  713 

ex  714 

ex  716 

Activities allied to transport  and activities other than transport 
coming  under the  following  groups: 
Sleeping-  and  dining-care  services;  maintenance  of  railway 
stock  in  repair  sheds; cleaning  of  carriages 
Maintenance  of  stock  for  urban,  suburban  and  interurban 
passenger  transport 
Maintenance  of stock  for  other passenger  land transport  (such 
as motor  cars, coaches,  taxis) 
Operation  and  maintenance  of  services  in  support  of  road 
transport  (such  as  roads,  tunnels  and  toll-bridges,  goods 
depots,  car parks, bus  and  tram  depots) 
Activities  allied  to  inland  water  transport  (such  as  operation 
and  maintenance  of  waterways,  ports  and  other  installations 
for  inland  water  transport;  tug  and piloting  services  in ports, 
setting  of  buoys, loading  and  unloading  of  vessels  and  other 
similar activities, such as salvaging of vessels, towing and the 
operation  of  boathouses) 

22 

73 

ex  85 

Communication:  postal  services  and  telecommunications 

854 
ex  856 

ex  859 

Personal  services 
Laundries  and  laundry  services,  dry-cleaning  and  dyeing 
Photographie  studios:  portrait  and  commercial  photography, 
except journalistic  photographers 
Personal  services  not  elsewhere  classified  (maintenance  and 
cleaning  of  buildings  or  accommodation  only) 

Directive  75/369/EEC 
(Article  6:  where  the  activity  is regarded  as being  of 
an  industrial  or  small-craft  nature) 
ISIC Nomenclature 

The following  itinerant  activities: 

(a) 

the  buying  and  selling  of goods: 

by  itinerant  tradesmen,  hawkers  or pedlars  (ex  ISIC  Group  612); 
in  covered  markets  other  than  from  permanently  fixed  installations  and  in 
open-air  markets; 

(b) 

activities  covered  by  transitional  measures  already  adopted  that  expressly  exclude or 
do not  mention  the pursuit  of  such  activities  on  an  itinerant  basis. 

Ust  II 

(Directive  82/470/EEC  Article  6(3)) 

Groups  718  and  720  of the  ISIC Nomenclature 

The  activities  comprise  in  particular; 

organizing,  offering  for  sale  and  selling,  outright  or  on  commission,  single  or 
collective  items  (transport,  board,  lodging,  excursions,  etc.)  for  a journey  or  stay, 
whatever  the  reasons  for  travelling  (Article  2(B)(a)). 

List III 

(Directive  82/489/EEC) 

ex  855 

Hairdressing, 
professional  beauticians'  and  hairdressers'  training  schools 

services  of  chiropodists 

excluding 

and 

23 

List IV 

(Directive  82/470/EEC,  Article  6(1)) 

Groups  718  and  720  of  the  ISIC Nomenclature: 

The  activities  comprise  in  particular: 

acting  as  an  intermediary  between  contactors  for  various  methods  of  transport  and 
persons  who  dispatch  or  receive  goods  and  who  carry  out  related  activities: 

(aa) 
(bb) 

(cc) 

(dd) 

(ee) 

(ff) 

by  concluding  contracts  with  transport  contractors,  on  behalf  of  principals; 
by  choosing  the  method  of  transport,  the  firm  and  the  route  considered  most 
profitable  for  the  principal; 
by  arranging  the  technical  aspects  of  the  transport  operation  (e.g.  packing 
required  for  transportation);  by  carrying  out  various  operations  incidental  to 
transport  (e.g.  ensuring  ice  supplies  for  refrigerated  wagons); 
by completing the formalities  connected  with the transport such as the  drafting 
of  way  bills; by  assembling  and  dispersing  shipments; 
by  coordinating  the  various  stages  of  transportation,  by  ensuring  transit, 
reshipment,  transshipment  and  other  termination  operations; 
by  arranging  both  freight  and  carriers  and  means  of  transport  for  persons 
dispatching  goods  or  receiving  them; 

assessing  transport  costs  and  checking  the  detailed  accounts; 

• 

taking  certain  temporary  or  permanent  measures  in  the  name  of  and  on  behalf  of  a 

shipowner  or  sea transport  carrier  (with  the  port  authorities,  ship's  chandlers,  etc.) 

(The  activities  listed  under  Article  2(A)(a),  (b)  and  (d)) 

ListV 

Directives  70/523/EEC  and  64/222/EEC 

(a) 
Directive  70/523/EEC 
Activities of self-employed  persons in the wholesale coal trade and activities of  intermediaries 
in  the  coal  trade  (ex  Group  6112,  ISIC Nomenclature) 

(b) 

Directive  64/222/EEC 
(liberalization  Directive  64/224/EEC) 

1. 

2. 

3. 

4. 

professional  activities of  an intermediary  who is empowered  and instructed  by  one or 
more persons to negotiate or enter into commercial  transactions  in the name of  and on 
behalf  of  those  persons; 

professional  activities  of  an  intermediary  who,  while  not  being  permanently  so 
instructed,  brings  together  persons  wishing  to  contract  directly  with  one  another  or 
arranges  their  commercial  transactions  or  assists  in  the  completion  thereof; 

professional  activities  of  an  intermediary  who  enters  into  commercial  transactions  in 
his  own  name  on  behalf  of  others; 

professional  activities of  an intermediary  who carries out wholesale selling by  auction 
on  behalf  of  others; 

24 

5. 

6. 

professional  activities of an intermediary  who goes from  door to door seeking orders; 

provision  of  services,  by  way  of  professional  activities,  by  an  intermediary  in  the 
employment  of  one  or  more  commercial,  industrial  or  small  craft  undertakings. 

Directives  68/364/EEC,  68/368/EEC,  75/368/EEC,  75/369/EEC,  82/470/EEC 

list  VI 

1 

Directive  68/364/EEC 
(liberalization  Directive  68/363/EEC) 

ISIC ex  Group  612  Retail  trade 

Excluded  activities: 

012 
640 
713 
718 
839 
841 
842 
843 

853 
854 
859 

Letting-out  for  hire  of  farm  machinery 
Real  estate, letting  of  property 
Letting-out  for  hire of  automobiles,  carriages  and  horses 
Letting-out  for  hire  of  railway  carriages  and  wagons 
Renting  of  machinery  to  commercial  undertakings 
Booking  of  cinema  seats  and  renting  of  cinematograph  films 
Booking  of  theatre  seats  and  renting  of  theatrical  equipment 
Letting-out for hire of boats, bicycles, coin-operated  machines 
for  games  of  skill  or  chance 
Letting  of  furnished  rooms 
Laundered  linen  hire 
Garment  hire 

68/368/EEC 
(liberalization  Directive  68/367/EEC) 

ISIC Nomenclature 

ISIC  ex  Major  Group  85: 

1. 

2. 

Restaurants,  cafés,  taverns  and  other  drinking  and  eating  places  (ISIC  Group  852) 

Hotels,  rooming  houses,  camps  and  other  lodging  places  (ISIC  Group  853) 

3 

75/368/EEC  (Article  7) 

All  the  activities  listed  in  the  Annex  to  Directive  75/368/EEC,  except  those  referred  to  in 
Article  5 of  the  Directive  (List  I,  No  3 of  this  proposal). 
ISIC Nomenclature 

ex  62 

Banks  and  other  financial  institutions 

ex  620 

Patent  buying  and  licensing  companies 

25 

ex  71 

Transport 

ex  713 

ex  719 

Road  passenger  transport,  excluding  transportation  by  means 
of  motor  vehicles 
Transportation  by  pipelines  of  liquid  hydrocarbons  and  other 
liquid  chemical  products 

ex  82 

Community  services 

827 

Libraries,  museums, botanical  and  zoological  gardens 

ex  84 

Recreation  services 

843 

Recreation  services  n.e.c: 

- 

sporting  activities  (sports  grounds,  organizing  sporting 
fixtures,  etc.), except  the  activities  of  sports  instructors 
-  games  (racing  stables,  areas  for  games, racecourses,  etc.) 
-  other  recreational  activities  (circuses,  amusement  parks 

and  other  entertainments) 

ex  85 

Personal  services 

ex  851 
ex  855 

ex  859 

Domestic  services 
Beauty  parlours  and  services  of  manicurists,  excluding 
services  of  chiropodists  and  professional  beauticians'  and 
hairdressers'  training  schools 
Personal  services  not  elsewhere  classified,  except  sports  and 
paramedical  masseurs  and  mountain  guides,  divided  into  the 
following  groups 

-  disinfecting  and  pest  control 
-  hiring  of  clothes  and  storage  facilities 
-  marriage  bureaux  and  similar  services 
astrology,  fortune-telling  and  the  like 
sanitary  services  and  associated  activities 
undertaking  and  cemetery  maintenance 

- 

-  couriers  and  interpreter-guides 

75/369/EEC  (Article  5) 

The  following  itinerant  activities: 

(a) 

the  buying  and  selling  of  goods: 

by  itinerant  tradesmen,  hawkers  or  pedlars  (ex  ISIC  Group  612); 
in  covered  markets  other  than  from  permanently  fixed  installations  and  in 
open-air  markets; 

(b) 

activities  covered  by  transitional  measures  already  adopted  that  expressly  exclude  or 
do not  mention  the  pursuit  of  such  activities  on  an  itinerant  basis. 

26 

82/470/EEC  (Article  6(2)) 

(Activities  listed  in  Article  2(A)(c)  and  (e), (B)(b), (C)  and  (D)) 
These  activities  comprise  in  particular: 

hiring  railway  cars  or  wagons  for  transporting  persons  or  goods; 
acting  as an  intermediary  in  the  sale, purchase  or hiring  of  ships; 
arranging, negotiating  and  concluding  contracts  for  the transport  of  emigrants; 
receiving  all  objects  and  goods  deposited,  on  behalf  of  the  depositor,  whether  under 
customs  control  or  not,  in  warehouses,  general  stores,  furniture  depots,  coldstores, 
silos, etc. 
supplying  the  depositor  with  a receipt  for  the  object  or  goods  deposited; 
providing  pens,  feed  and  sales  rings  for  livestock  being  temporarily  accommodated 
while  awaiting  sale  or  while  in  transit  to  or  from  the  market; 
carrying  out  inspection  or  technical  valuation  of  motor  vehicles; 
measuring,  weighing  and  gauging  goods. 

27 

ANNEX  A 

PART  TWO 

Activities  other than  those  covered  in  Part One 

1 

Directives  63/261/EEC,  63/262/EEC,  65/1/EEC,  67/530/EEC,  67/531/EEC, 
67/532/EEC,  68/192/EEC,  68/415/EEC  and  71/18/EEC 

ISIC  Nomenclature 

ex  Major  Group  01  Agriculture 

In  particular: 

(a) 

(b) 

general  agriculture  including  the  growing  of  field  crops  and  viticulture;  growing  of 
fruits,  nuts,  seeds,  vegetables,  flowers,  both  in  the  open  and  under  glass; 

raising  of  livestock,  poultry,  rabbits, fur-bearing  or other  animals, bees; the  production 
of  meat,  milk,  wool,  skins  and  fur,  eggs,  honey; 

(c) 

agricultural,  animal  husbandry  and  horticultural  services  on  a  fee  or  contract  basis. 

2 

Directive  63/607/EEC 
(Films) 

Directive  64/223/EEC 
ISIC  Nomenclature 

ex  Group  611 

Activities  of  self-employed  persons 
the 
exception  of  wholesale  trade  in  medicinal  and pharmaceutical  products, 
in  toxic  products  and  pathogens,  and  in  coal). 

in  wholesale  trade  (with 

Directive  64/428/EEC 
NICE  Nomenclature 

Major  group 

Group 

11 

12 

ex  13 

14 
19 

111 
112 

121 
122 
ex  130 

140 
190 

Mining  and  preparation  of  solid  fuels 
Mining  and  preparation  of  coal 
Mining  and  preparation  of  lignite 
Mining  of  metalliferous  ores 
Mining  of  iron  ore 
Mining  of  non-ferrous  metalliferous  ores  and  related  activities 
Extraction  of petroleum  and natural  gas (excluding  prospecting 
and  drilling) 
Extraction  of  building  materials  and  fireclays 
Extraction  of  other  minerals  and  of  peat 

28 

Directive  65/264/EEC 
(cinema) 

Directive  66/162/EEC 
ISIC  Nomenclature 

Division  5 

Electricity,  gas,  steam,  water  and  sanitary  services 

ex  Group  640 

Group  839 

7 

Directive  67/43/EEC 
ISIC  Nomenclature 

Real  estate 
(excluding  6401) 

services  not 

Business 
(excluding 
elsewhere 
journalism,  activities  of  customs  agents,  advice  on  economic, 
financial,  commercial,  statistical,  and  labour  and  employment 
matters,  debt  collection) 

classified 

8 

Directive  67/654/EEC 
ISIC  Nomenclature 

Major  Group  02 

021 
022 

Forestry  and  logging 
Forestry 
Logging 

Directives  68/369/EEC  and  70/451/EEC 
ISIC  Nomenclature 

ex  Group  841 

Production,  distribution  and  projection  of  films 

10 

Directive  69/82/EEC 
ISIC  Nomenclature 

Exploration  (prospecting  and  drilling) 
for  petroleum  and  natural  gas 

ex  Major  Group  13 
ex  130 

11 

ex  Group  6112 

Coal 

Directive  70/522/EEC 
ISIC  Nomenclature 

29 

ANNEX  B 

Part  One:  Liberalization  Directives 

Repealed  Directives 

63/261/EEC:  Council  Directive  of  2 April  1963  laying  down  detailed  provisions  for  the 
attainment  of  freedom  of  establishment  in  agriculture  in  the  territory  of  a 
Member  State  in  respect  of  nationals  of  other  countries  of  the  Community 
who have been  employed  as paid  agricultural  workers  in  that  Member  State 
for  a continuous  period  of  two  years 

63/262/EEC:  Council  Directive  of  2  April  1963  laying  down  detailed  provisions  for  the 
attainment of freedom  of establishment on agricultural holdings abandoned or 
left  uncultivated  for  more  than  two  years 

63/607/EEC:  Council  Directive  of  15 October  1963  implementing  in  respect  of  the  film 
industry  the  provisions  of  the  General  Programme  for  the  abolition  of 
restrictions  on  freedom  to  provide  services 

64/223/EEC:  Council Directive of 25  February  1964 concerning the attainment of  freedom 
of  establishment  and  freedom  to  provide  services  in  respect  of  activities  in 
wholesale  trade 

64/224/EEC:  Council Directive of 25 February  1964 concerning the attainment of  freedom 
of  establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
intermediaries  in  commerce,  industry  and  small  craft  industries 

64/428/EEC:  Council  Directive  of  7 July  1964  concerning  the  attainment  of  freedom  of 
establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons  in  mining  and  quarrying  (ISIC  Major  Groups  11-19) 

64/429/EEC:  Council  Directive  of  7 July  1964  concerning  the  attainment  of  freedom  of 
establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons  in  manufacturing  and  processing  industries  falling 
within  ISIC  Major  Groups  23-40  (industry  and  small  craft  industries) 

65/1/EEC: 

Council  Directive  of  14 December  1964 laying  down  detailed  provisions  for 
the  attainment  of  freedom  to provide  services  in  agriculture  and  horticulture 

65/264/EEC:  Second Council Directive of  13 May  1965 implementing in respect of the film 
industry  the  provisions  of  the  General  Programmes  for  the  abolition  of 
restrictions  on  freedom  of  establishment  and  freedom  to  provide  services 

66/162/EEC:  Council Directive of 28  February  1966 concerning the attainment of  freedom 
of  establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons engaging in the provision  of electricity, gas, water and 
sanitary  services  (ISIC  Division  5) 

67/43/EEC: 

Council  Directive  of  12 January  1967 concerning  the  attainment  of  freedom 
of  establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons concerned with:  1.  Matters of "real estate" (excluding 
6401 ) (ISIC Group ex  640); 2.  The provision of certain "business services not 
elsewhere  classified"  (ISIC  Group  839) 

67/530/EEC:  Council  Directive  of  25  July  1967 concerning  the  freedom  of  nationals  of  a 
Member  State established as farmers in another Member  State to transfer  from 
one  holding  to  another 

30 

67/531/EEC:  Council  Directive  of  25  July  1967 concerning  the  application  of  the  laws of 
Member  States relating to agricultural  leases to  farmers  who  are nationals  of 
other  Member  States 

67/532/EEC:  Council  Directive  of  25  July  1967  concerning  freedom  of  access  to 
cooperatives  for  farmers  who  are  nationals  of  one  Member  State  and 
established  in  another  Member  State 

67/654/EEC:  Council Directive of 24  October  1967 laying down detailed provisions for the 
attainment  of  freedom  of  establishment  and  freedom  to  provide  services  in 
respect  of  activities  of  self-employed  persons  in  forestry  and  logging 

68/192/EEC:  Council  Directive  of  5 April  1968  concerning  freedom  of  access  to  the 
various  forms  of  credit  for  farmers  who  are  nationals  of  one  Member  State 
and  established  in  another  Member  State 

68/363/EEC:  Council  Directive  of  15 October  1968  concerning  the  attainment  of  freedom 
of  establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons  in  retail  trade  (ISIC  ex  Group  612) 

68/365/EEC:  Council  Directive  of  15 October  1968 concerning  the  attainment  of  freedom 
of  establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons  in  the  food  manufacturing  and  beverage  industries 
(ISIC  Major  Groups  20  and  21) 

68/367/EEC:  Council  Directive  of  15 October  1968  concerning  the  attainment  of  freedom 
of  establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons  in  the  personal  services  sector  (ISIC  ex  Major 
Group  85);  1.  Restaurants,  cafes,  taverns  and  other  drinking  and  eating 
places  (ISIC  Group  852);  2.  Hotels,  rooming  houses,  camps  and  other 
lodging  places  (ISIC  Group  853) 

68/369/EEC:  Council  Directive  of  15 October  1968 concerning  the  attainment  of  freedom 
of  establishment  in  respect  of  activities  of  self-employed  persons  in  film 
distribution 

68/415/EEC:  Council Directive of 20 December  1968 concerning  freedom  of  access to the 
various forms  of  aid for  farmers  who are nationals  of one Member  State  and 
established  in  another  Member  State 

69/82/EEC: 

Council Directive of  13 March  1969 concerning the attainment of freedom  of 
establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons  engaging  in  exploration  (prospecting  and  drilling)  for 
petroleum  and  natural  gas  (ISIC  ex Major  Group  13) 

70/451/EEC:  Council Directive of 29  September  1970 concerning the attainment of  freedom 
of  establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons  in  film  production 

70/522/EEC:  Council Directive of 30 November  1970 concerning the attainment of  freedom 
of  establishment  and  freedom  to  provide  services  in  respect  of  activities  of 
self-employed  persons 
trade  and  activities  of 
in  the  wholesale  coal 
intermediaries  in  the  coal  trade  (ISIC  ex  Group  6112) 

71/18/EEC: 

Council  Directive of  16 December  1970 laying  down  detailed  provisions  for 
the  attainment  of  freedom  of  establishment  in  respect  of  self-employed 
persons  providing  agricultural  and  horticultural  services 

31 

Part  Two: 

Directives  that  provide  for  transitional  measures 

64/222/EEC:  Council  Directive  of  25 February  1964  laying  down  detailed  provisions 
concerning transitional measures in respect of activities in wholesale trade and 
activities  of  intermediaries  in  commerce,  industry  and  small  craft  industries 

64/427/EEC:  Council Directive of 7 July  1964 laying down detailed provisions  concerning 
transitional  measures  in  respect  of  activities  of  self-employed  persons  in 
manufacturing 
within 
ISIC  Major  Groups  23-40  (Industry  and  small  craft  industries),  as  amended 
by  Council  Directive  69/77/EEC of  4 March  1969 

processing 

industries 

falling 

and 

68/364/EEC:  Council  Directive  of  15 October  1968  laying  down  detailed  provisions 
concerning  transitional  measures  in  respect  of  activities  of  self-employed 
persons  in  retail  trade  (ISIC  ex Group  612) 

68/366/EEC:  Council  Directive  of  15 October  1968  laying  down  detailed  provisions 
concerning  transitional  measures  in  respect  of  activities  of  self-employed 
persons 
industries 
(ISIC  Major  Groups  20  and  21) 

food  manufacturing 

beverage 

and 

the 

in 

68/368/EEC:  Council  Directive  of  15 October  1968  laying  down  detailed  provisions 
concerning  transitional  measures  in  respect  of  activities  of  self-employed 
in  the  personal  services  sector  (ISIC  ex  Major  Group  85); 
persons 
1. Restaurants,  cafes, 
taverns  and  other  drinking  and  eating  places 
(ISIC  Group  852);  2. Hotels,  rooming  houses,  camps  and  other  lodging 
places  (ISIC  Group  853) 

70/523/EEC:  Council  Directive  of  30 November  1970  laying  down  detailed  provisions 
concerning  transitional  measures  in  respect  of  activities  of  self-employed 
persons 
in  respect  of  activities  of 
in  the  wholesale  coal  trade  and 
intermediaries  in  the  coal  trade  (ISIC  ex  group  6112) 

75/368/EEC:  Council  Directive  of  16 June  1975  on  measures  to  facilitate  the  effective 
exercise  of  freedom  of  establishment  and  freedom  to  provide  services  in 
respect  of  various  activities  (ex  ISIC  Division  01  to  85)  and,  in  particular, 
transitional  measures  in  respect  of  those  activities 

75/369/EEC:  Council  Directive  of  16 June  1975  on  measures  to  facilitate  the  effective 
exercise  of  freedom  of  establishment  and  freedom  to  provide  services  in 
respect of itinerant activities and, in particular, transitional measures in respect 
of  those  activities 

82/470/EEC:  Council  Directive  of  29  June  1982  on  measures  to  facilitate  the  effective 
exercise  of  freedom  of  establishment  and  freedom  to  provide  services  in 
respect  of  activities of  self-employed  persons in certain  services incidental  to 
transport  and 
in  storage  and 
warehousing  (ISIC  Group  720) 

travel  agencies  (ISIC  Group  718)  and 

82/489/EEC:  Council  Directive  of  19 July  1982  laying  down  measures  to  facilitate  the 
effective  exercise  of  the  right  of  establishment  and  freedom  to  provide 
services  in  hairdressing 

32 

ISSN 0254-1491 

COM(96) 22 final 

DOCUMENTS 

EN 

0416 

Catalogue  No: CB-CO-96-022-EN-C 

ISBN 92-77-99669-2 

Office for Official  Publications of the European Communities 
L-2985 Luxembourg 

33