Amended 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: 1997-07-15
Institutions: European Commission
Subjects: free movement of workers, freedom to provide services, liberalisation of the market, recognition of diplomas, transitional period (EU)

«JUMiiHAw* 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  15.07.1997 
COM(97) 363  final 

96/0031 (COD) 

Amended  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  pursuant  to  Article  189 a  (2) 
of the  EC-Treaty) 

Explanatory  memorandum 

I.  General  considerations 

On 20 February  1997 the European Parliament delivered  its opinion (first  reading  under 
the  Co-Decision  procedure)  on  the  proposal  for  a  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 
system for the recognition of  qualifications. 

The Commission has accepted all of the Parliament's amendments. 

II.  Examination  of the amendments 

The  main  amendments  concern  the  procedures  for  modifying  (amendments  1 and  9) 
and  implementing  (amendment  11)  the  Directive.  As  to  the  former,  the  proposed 
committee  procedure  (Article 9)  is  confined  to  the  lists  of  professional  activities  ; the 
periods  of  professional  experience  should  be  brought  under  the  co-decision  procedure 
according  to  the  amendments.  As to  the  latter,  the  Commission  is  asked  to  present  a 
Report to the Council and to Parliament five years after  the deadline for  implementation 
(new Article  13a). 

Other  amendments  provide  clarification  on  the  compensation  measures  for 
the 
recognition  of  qualifications  (amendment 3  concerning  Article 3),  the  definition  of 
manager  of  an  undertaking  (amendment 7  concerning  Article 5),  the  content  of  the 
certificate  of  experience  (amendment 8  concerning  Article 6),  the  role  of 
the 
Coordinators'  Group  (amendment  10  concerning  Article  10)  and  the  content  of  the 
Annexes (amendment 2 concerning the sixth recital 6). 

The  remaining  amendments  (amendments 4  to  6)  are  designed  to  introduce  greater 
consistency  between  some  of  the  language  versions  of  a  certain  number  of  the  35 
directives affected  by the proposal for a Directive. 

III.  Conclusions 

The amended proposal for a Directive takes account of the concerns expressed by the 
European Parliament and, to the utmost, of the observations made by the Economic and 
Social Committee and by the professions  that took part in the consultations held  before 
the initial proposal was presented. 

Amended  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 Commission1, 

Having regard to the opinion delivered by the Economic and Social Committee2, 

Acting in accordance with the procedure laid down in Article  189b of the Treaty3, 

ORIGINAL  PROPOSAL 

AMENDED  PROPOSAL 

(unchanged  unless  mentioned^below) 

based 

treatment 

to  the  Treaty,  all 
(1)  Whereas,  pursuant 
on 
discriminatory 
nationality  with  regard  to  establishment 
and provision  of  services  is prohibited  as 
from  the  end  of  the  transitional  period; 
whereas,  therefore,  certain  provisions  of 
this  subject 
the  Directives  applying  to 
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 

exercise  of 

the 
Directives'  provisions  that  facilitate  the 
right  of 
effective 
establishment  and  the freedom  to  provide 
services  should  be  retained,  particularly 
where 
lay  down  how 
obligations  under  the  Treaty  are  to  be 
discharged; 

they  usefully 

the 

(3)  Whereas, in order to facilitate  the exercise 
of  the  freedom  of  establishment  and  the 
freedom  to provide services in respect of a 
Directives 
number 

activities, 

of 

OJNoC  115 of  19.4.1996. 
OJ No C 295 of 7.10.1996, p. 43. 
Opinion  of the  European  Parliament  of 20 February  1997, OJ n° C, Common  position  of the Council  of 
1997 (not yet published  in the Official  Journal), Decision  of the European  Parliament  of...  (not yet 
published  in the Official  Journal). 

as 

whereas 

qualifications; 
allow, 

introducing 
transitional  measures  have 
been  adopted  pending  mutual  recognition 
those 
of 
Directives 
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 
a 
reasonable  and  sufficiently  recent  period 
of time,  in the  Member State  from  where 
the foreign national comes; 

for 

regarding 

(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, 
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; 

subsidiarity, 

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

to  which 

(5)  Wliereas  appropriate  procedures  need  to 
be  introduced  for  updating  the  lists  of 
professional  activities; 

three 

years' 

duration 

(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 
professional  education  and  training  of  at 
least 
and 
Council Directive 92/51/EEC  of  18  June 
1992  on  a  second  general  system  for  the 
recognition  of  professional  education  and 
supplement  Directive 
training 
to 
89/48/EEC3, 
by 
Commission  Directive  95/43/EC  , do  not 
apply  to  certain  professional  activities 
covered  by the Directives applying to this 
subject-matter; 
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; 

amended 

whereas 

last 

as 

as 

three 

years' 

duration 

(6)  Wliereas  Council  Directive 89/48/EEC  of 
21 December  1988  on  a  general  system 
for the  recognition  of  higher-education 
diplomas  awarded  on  completion  of 
professional  education  and  training  of  at 
least 
and 
Council Directive 92/51/EEC  of  18  June 
1992  on  a  second  general  system  for  the 
recognition  of professional  education  and 
supplement  Directive 
to 
training 
89/48/EEC5, 
by 
Commission  Directive  95/43/EC6,  do  not 
apply  to  certain  professional  activities 
covered by the Directives  applying to this 
subject-matter  {Part  One  of  Annex  A  to 
this  Directive);  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; 
whereas  the professional  activities  listed 
in Part  Two of Annex  A  to  this Directive 
fall for  the most part  within the scope  of 
the 
Directive 

92/51/EEC 

amended 

where 

last 

OJNoL  19, 24.1.1989, p. 16. 
OJNoL209,  24.7.1992, p. 25. 
OJNoL  184, 3.8.1995, p. 21 

recognition of diplomas is concerned 

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

certificates 
the 

(8)  Whereas  Directives  89/48/EEC 

in 

Article 3 

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 
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 
effective 
facilitate 
exercise  of the  right  of establishment  and 
freedom 
to  provide  services  ,  as  last 
amended  by  the  Act  of  Accession  of 
Austria, Finland and Sweden; 

the 

to 

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

(10) Wliereas this  Directive  should  be  without 
of 

prejudice 
application 
Articles 48(4) and 55 of the Treaty, 

the 

to 

OJNoL  176,  15.7.1977, p. 1. 

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 
(hereinafter 
the  General  Programmes 
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. 

Article 2 

subject 

to  possession  of 

Member States  in  which  the  taking-up  or 
pursuit of any activity referred  to in Annex A 
is 
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. 

OJ  No  2,  15.1.1962, pp. 32/62 and  36/62. 

in 

activity 

national 

prejudice 

elsewhere 

to  Article 4, 

rules.  Where 

Without 
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 
the 
Community  with those  required  under  its 
own 
the 
comparative  examination  shows  that  the 
knowledge  and  skills  certified  by  a 
awarded 
qualification 
another 
those 
correspond 
Member State 
required  by  the  national  rules,  the  host 
Member State cannot refuse the holder the 
right  to  pursue  the  activity  in  question. 
comparative 
Where, 
examination 
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 
especially  by  attending  an  adaptation 
period  or  taking  an  aptitude  test  by 
analogy  with  Directives  89/48/EEC  and 
92/51/EEC. 

however, 

shows 

only 

the 

by 

to 

TITLE II 
Additional measure on the recognition of 
qualifications 

Article 3 

.  Without 

in 

activity 

prejudice 

elsewhere 

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 
the 
Community  with  those  required  under  its 
the 
own 
comparative  examination  shows  that  the 
knowledge  and  skills  certified  by  a 
awarded 
qualification 
another 
those 
correspond 
Member State 
required  by  the  national  rules,  the  host 
Member State cannot refuse the holder the 
right  to  pursue  the  activity  in  question. 
comparative 
Where, 
examination 
partial 
shows 
correspondence,  the  host  Member State 
shall give the  applicant  the opportunity  to 
demonstrate  that  he  has  acquired  the 
knowledge and skills which were lacking. 

rules.  Where 

however, 

national 

only 

the 

by 

to 

in 

the 

authority 

Applications  for  recognition  within  the 
meaning of paragraph  1  shall be examined 
within  the  shortest  possible  time, and  the 
competent 
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 
were 
submitted. There shall be a right to appeal 
under  national  law  against  a  decision,  or 
against the absence of such decision. 

documentation 

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 
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: 

shall  accept  as 

1. 

In the case of the activities in List I: 

(a)  six-  consecutive  years  in  either  a 
a  managerial 

or 

self-employed 
capacity; or 

(a)  six  consecutive  years  in  either  a 
self-employed  or  as  manager  of  an 
undertaking; or 

(b)  three 

in 

for 

that 

years 

consecutive 

the  activity 

a 
self-employed  or  as  manager  of  an 
undertaking,  where  the  beneficiary 
proves 
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 

(b)  three 

that 

years 

consecutive 

or 
the 
the  activity 

a 
in 
managerial 
self-employed 
beneficiary 
capacity,  where 
proves 
in 
for 
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 

in 

years 

consecutive 

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

(d) 

in 

years 

five  consecutive 
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 
its 
requirements. 

satisfying 

fully 

as 

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 
a 
self-employed 
capacity; or 

or 

in  either  a 
managerial 

(a)  six  consecutive  years  in  either  a 
self-employed  or  as  manager  of  an 
undertaking; or 

(b)  three 

in 

for 

that 

years 

consecutive 

the  activity 

a 
self-employed  or  as  manager  of  an 
undertaking  ,  where  the  beneficiary 
proves 
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 

in 

for 

that 

years 

consecutive 

the  activity 

four 
a 
self-employed  or  as  manager  of  an 
undertaking  ,  where  the  beneficiary 
proves 
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)  three 

in 

years 

consecutive 

a 
self-employed  or  as  manager  of  an 
undertaking  ,  where  the  beneficiary 
proves 
the 
activity  in  question  for  at  least  five 
years in an employed capacity; or 

that  he  has  pursued 

(b) 

(c) 

(d) 

in 

that 

years 

consecutive 

a 
three 
or  "  managerial 
self-employed 
beneficiary 
the 
capacity,  where 
proves 
in 
the  activity 
for 
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 

that 

years 

consecutive 

four 
a 
in 
self-employed 
or 
managerial 
capacity,  where 
the  bénéficiai/ 
in 
for 
proves 
the  activity 
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 

years 

consecutive 

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

that  he  has  pursued 

or 
the 

that 

years 

consecutive 

in 
capacity,  where 
for 

an 
five 
the 
employed 
beneficiary  proves 
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 

that 

the 
the  activity 

six consecutive years in an employed 
beneficiary 
capacity,  where 
proves 
in 
for 
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 
application 
date  on  which 
provided for in Article 6 is made. 

the 

3. 

In the case of the activities in List III: 

(a)  six  consecutive  years  in  either  a 
a  managerial 

or 

self-employed 
capacity; or 

(a)  six  consecutive  years  in  either  a 
self-employed  or as a manager  of an 
undertaking; or 

(b)  three 

that 

years 

consecutive 

or 
the 
the  activity 

a 
in 
managerial 
self-employed 
beneficiary 
capacity,  where 
in 
for 
proves 
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 

(b)  three 

in 

for 

that 

years 

consecutive 

the  activity 

a 
self-employed  or as a manager  of an 
undertaking  ,  where  the  beneficiary 
in 
proves 
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 

in 

years 

consecutive 

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. 

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 
application 
provided for in Article 6 is made. 

the 

4. 

In the case of the activities in List IV: 

(a)  five  consecutive  years  in  either  a 
managerial 

or 

self-employed 
capacity; or 

(a)  five  consecutive  years  in  either  a 
self-employed  or  as  manager  of  an 
undertaking; or 

(b)  two 

that 

years 

consecutive 

a 
in 
or 
managerial 
self-employed 
the  beneficiary 
capacity,  where 
proves 
in 
the  activity 
for 
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 

that 

years 

consecutive 

or 
the 
the  activity 

a 
in 
managerial 
self-employed 
beneficiary 
capacity,  where 
proves 
in 
for 
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 

(b)  two 

in 

for 

that 

years 

consecutive 

the  activity 

a 
self-employed  or  as  manager  of  an 
undertaking  ,  where  the  beneficiary 
proves 
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 

in 

that 

years 

consecutive 

a 
self-employed  or  as  manager  of  an 
undertaking  ,  where  the  beneficiary 
proves 
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 

the  activity 

for 

10 

requirements; or 

requirements; or 

(d)  two 

years 

consecutive 

a 
in 
self-employed 
managerial 
capacity,  where 
beneficiary 
the 
proves 
activity  in  question  for  at  least  three 
years in an employed capacity; or 

that  he  has  pursued 

or 
the 

(e)  three 

that 

consecutive  years 

in 
capacity,  where 
for 

an 
the 
employed 
beneficiary  proves 
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 
a  managerial 

or 

self-employed 
capacity; or 

(b)  two 

that 

years 

consecutive 

or 
the 
the  activity 

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

satisfying 

fully 

a.s 

(c)  two 

consecutive 

years 

self-employed 
capacity,  where 

or 

the 

a 
in 
managerial 
beneficiary 

(d)  two 

in 

years 

consecutive 

a 
self-employed  or  as  manager  of  an 
undertaking  ,  where  the  beneficiary 
the 
proves 
activity  in  question  for  at  least  three 
years in an employed capacity; or 

that  he  has  pursued 

(a) 

three  years  in  a  self-employed  or  as 
manager  of  an  undertaking 
, 
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, 
host 
unless 
Member State permits its nationals  to 
interrupt  their  pursuit  of  that  activity 
for a longer period; or 

the 

(b) 

three  years  in  a  self-employed  or  as 
manager  of  an  undertaking 
, 
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. 

(a)  tliree  consecutive  years  in  either  a 
self-employed  or  as  manager  of  an 
undertaking ; or 

(b)  two 

in 

for 

that 

years 

consecutive 

the  activity 

a 
self-employed  or  as  manager  of  an 
undertaking  ,  where  the  beneficiary 
proves 
in 
question  he  has  received  previous 
training  attested  by  a  certificate 
recognized  by  the  State  or  regarded 
by  a competent  professional  or  trade 
its 
body 
requirements; or 

satisfying 

fully 

as 

(c)  two 

years 

consecutive 

a 
self-employed  or  as  manager  of  an 
undertaking  ,  where  the  beneficiary 
// 

in 

that  he  has  pursued 

proves 
the 
activity  in  question  for  at  least  three 
years in an employed capacity; or 

that  he  has  pursued 

proves 
the 
activity  in  question  for  at  least  three 
years in an employed capacity; or 

(d)  three 

that 

consecutive  years 

in 
capacity,  where 
for 

an 
the 
employed 
the 
beneficiary  proves 
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. 

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 
application 
provided for in Article 6 is made. 

the 

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 
industrial  or  commercial 
enterprise in the occupational field in question: 

in  an 

A person  shall  be regarded  as having  pursued 
an  activity  as  manager  of  an  undertaking 
within  the  meaning  of.  Article 4  if  he  has 
pursued  such  an  activity  in  an  undertaking  in 
the occupational field in question: 

(a)  as manager  of an undertaking  or manager 

of a branch of an undertaking; or 

(b)  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 

(c)  in  a  managerial  post  with  duties  of  a 
commercial nature and with responsibility 
the 
for  at 
undertaking. 

least  one  department  of 

Article 6 

that 

laid  down 

the  conditions 

Proof 
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. 

that 

laid  down 

the  activity 

the  conditions 

Proof 
in 
Article 4 are satisfied  shall be established  by a 
certificate  concerning the nature and duration 
of 
the  competent 
issued  by 
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 
the  activity  or 
authorization 
activities in question in the host Member State. 

to  pursue 

12 

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

Article 7 

it 

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

in 

2.  Wliere  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  the  document 
referred  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. 

3.  Where  the  home  Member State  or  the 
Member State  from  where  the  applicant 
conies  does  not  issue  the  documents 
referred  to  in  paragraphs  1  and 2,  such 
replaced  by  a 
documents 
shall  be 
those 
declaration  on  oath 
in 
-  or, 
Member States  where 
is  no 
provision  for  such declaration  on oath, by 
a solemn declaration - made by the person 
concerned  before  a  competent judicial  or 
or,  where 
authority 
administrative 

there 

13 

a 

in 

notary 

appropriate, 
that 
Member State;  such  authority  or  notary 
shall 
the 
issue  a  certificate  attesting 
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 
the  applicant  comes  as 
from  where 
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 
their 
the  financial  risks  arising  from 
it  shall  accept 
professional 
liability, 
certificates 
insurance 
issued  by 
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  the  host 
Member State  regarding  the  terms  and 
extent of cover. 

in  force 

the 

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

14 

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

Article 8 

1.  Directive 89/48/EEC 

is 

amended 

as 

follows: 

(a)  the  following  paragraph  is  added  to 

Article 2: 

in 

the 

Article 3 

"Notwithstanding 
preceding 
paragraph,  where  a  nurse  who  does 
not  hold  one  of  the  qualifications 
of 
listed 
Directive 77/452/EECr)  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. 

ÎT  OJNoL  176, 15.7.1977, p. 1." 

(b)  the  following  paragraphs  5 and  6 are 

added to Article 6: 

"5.  Where 

of 

the 

proof 

financial 
standing  is  required  in  order  to 
take  up  or  pursue  a  regulated 
host 
profession 
in 
that 
Member State, 
Member State 
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. 

shall 

the 

insured  against 

6.  Where  the  competent  authority 
host  Member State 
of 
requires  of  its  own  nationals 
wishing  to  take  up  or  pursue  a 
regulated  profession  proof  that 
they  are 
the 
financial risks  arising  from  their 
that 
professional 
Member State 
accept 
certificates  issued  by  insurance 
other 
undertakings 
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. 

liability, 
shall 

of 

15 

They  may not be produced  more 
than three months after  their date 
of issue." 

2.  Directive  92/51/EEC 

follows: 

is  amended  as 

(a)  the  following  paragraph  is  inserted 

into Article 2: 

in 

the 

Article 3 

"Notwithstanding 
preceding 
paragraph,  where  a  nurse  who  does 
not  hold  one  of  the  qualifications 
listed 
of 
Directive 77/452/EECr)  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. 

rr  OJNoL  176, 15.7.1977, p. 1. 

(b)  the  following  paragraphs  5 and  6 are 

added to Article 10: 

"5.  Where 

of 

proof 

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 
conies  as  equivalent  to  those 
issued in its own territory. 

the 

insured  against 

liability, 
shall 

6.  Wliere  the  competent  authority 
of 
host  Member State 
requires  of  its  own  nationals 
wishing  to  take  up  or  pursue  a 
regulated  profession  proof  that 
the 
they  are 
financial  risks  arising  from  their 
that 
professional 
Member State 
accept 
certificates  issued  by  insurance 
undertakings 
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  tenus  and  extent  of  cover. 
They  may  not be produced  more 
than three months after  their date 
of issue." 

of 

16 

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. 

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 
of 
composed 
the  Member States  and 
representatives  of 
chaired 
the 
representative 
by 
Commission. 

92/51/EEC, 

of 

a 

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 
is 
case  of  decisions  which 
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  Council 

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 
the 
In 
Council 
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 
tliree months from  the date of communication. 

forthwith. 

event, 

that 

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

Article 11 

stipulated 

in  Article  14, 

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

17 

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. 

collecting  all  useful  information  for 
its  application  in  the  Member States 
and  especially  for  gathering  and 
comparing 
the 
information 
different  professional  qualifications 
in the areas of activity falling  within 
the scope of this Directive. 

on 

18 

TITLE VII 
Final provisions 

Article 12 

1.  The  Directives  listed  in  Annex B  are 

hereby repealed. 

2.  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 13a 

Not later than five years after the date referred 
to in Article 14 the Commission shall report to 
the European  Parliament  and  the  Council  on 
the state of application of this Directive  in the 
Member States. 
After  undertaking all  the  necessary  hearings, 
the  Commission  shall  submit  its  conclusions 
regarding  any  changes 
the  existing 
arrangement.  If  necessary,  the  Commission 
shall also submit proposals for  improving the 
existing  arrangements  with 
the  aim  of 
facilitating freedom  of movement, the  right  of 
free  movement  of 
the 
establishment  and 
services. 

to 

Article 14 

regulations 

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

and 

adopt 

these 
When  Member  States 
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 
shall  be  adopted  by 
reference 
Member States. 

2  Member  States  shall  communicate  to  the 

19 

the 

text  of 

Commission 
the  main 
provisions  of  national  law  which  they 
this 
in 
adopt 
Directive. 

the  field  covered  by 

Article 15 

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

Article 16 

This  Directive  is  addressed  to  the  Member 
States. 

Done at Brussels, 

For the European Parliament  For the Council 
The President 

The President 

20 

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 

Manufacture  of textiles 

232  Manufacturing  and  processing  of 

textile  materials  on  woollen 

machinery 

233  Manufacturing  and processing of textile materials on cotton machinery 
234  Manufacturing  and processing of textile materials on silk machinery 
235  Manufacturing  and  processing  of  textile  materials  on  flax  and  hemp 

machinery 

236 %  Other textile fibre industries (jute, hard fibres, etc.) cordage 
237  Manufacture  of knitted and crocheted goods 
238  Textile  finishing 
239  Other textile industries 

Major  Group 24 

Manufacture  of footwear, other wearing apparel and bedding 

241  Machine manufacture of footwear (except from rubber or wood) 
242  Manufacture  by hand and repair of footwear 
243  Manufacture  of wearing apparel (except  furs) 
244  Manufacture  of mattresses and bedding 
245  Skin and fur  industries 

Major Group 25 

Manufacture  of wood and cork, except manufacture  of  furniture 

251  Sawing and industrial preparation of wood 
252  Manufacture  of semi-finished  wood products 
253  Series production of wooden building components including  flooring 
254  Manufacture  of wooden containers 
255  Manufacture  of other wooden products (except  furniture) 
259  Manufacture  of  straw,  cork,  basketware,  wicker-work  and  rattan 

products; brush-making 

Major  Group 26  260  Manufacture  of wooden  furniture 

Major  Group 27 

Manufacture  of paper and paper products 

271  Manufacture  of pulp, paper and paperboard 
272  Processing of paper and paperboard, and manufacture  of articles of pulp 

Major  Group 28  280  Printing, publishing and allied industries 

Major  Group 29 

Leather industry 

291  Tanneries and leather finishing  plants 
292  Manufacture  of leather products 

21 

ex Major Group 30 

Manufacture  of  rubber  and  plastic  products,  man-made  fibres  and 

starch products 

3 01  Processing of rubber and asbestos 
302  Processing of plastic materials 
3 03  Production of man-made fibres 

ex Major Group 31 

Chemical industry 

311  Manufacture  of chemical base materials and further  processing  of such 

materials 

312  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) 

313  Specialized  manufacture  of chemical  products principally  for  domestic 
trie  manufacture  of  medicinal  and 

(excluding 
or  office  use 
pharmaceutical products (ISIC ex Group 319) 

Major  Group 32  320  Petroleum industry 

Major  Group 33 

Manufacture of non-metallic mineral products 

Major  Group 34 

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

Production  and  primary  transformation. of  ferrous  and  non-ferrous 
metals 
Iron  and  steel  industry  (as  defined  in  the  ECSC  Treaty,  including 
integrated steelworks-owned coking plants) 

341 

342  Manufacture  of steel tubes 
343  Wire-drawing, cold-drawing, cold-rolling of strip,  cold-forming 
344  Production and primary transformation  of non-ferrous  metals 
345  Ferrous and non-ferrous metal  foundries 

Major  Group 35 

Manufacture of footwear, other wearing apparel and bedding 

3 51  Forging, heavy stamping and heavy pressing 
352  Secondary transformation  and  surface-treatment 
353  Metal structures 
3 54  Boilermaking, manufacture of industrial hollow-ware 
355  Manufacture  of  tools  and  implements  and  finished  articles  of  metal 

(except electrical equipment) 

359  Ancillary mechanical engineering activities 

22 

Major Group 36 

Manufacture  of machinery other than electrical machinery 

3 61  Manufacture of agricultural machinery and tractors 
362  Manufacture of office  machinery 
363  Manufacture  of  metal-working  and  other  machine-tools  and  fixtures 

and attachments for these and for other powered tools 

364  Manufacture  of  textile  machinery  and  accessories,  manufacture  of 

sewing machines 

365  Manufacture  of  machinery  and  equipment  for  the  food-manufacturing 
and beverage industries and for the chemical and allied industries 
366  Manufacture  of  plant  and  equipment  for  mines,  iron  and  steel  works 
foundries, and for the construction industry; manufacture  of mechanical 
handling equipment 

367  Manufacture  of transmission equipment 
368  Manufacture  of machinery for other specific industrial purposes 
369 '  Manufacture  of other non-electrical machinery and equipment 

Major Group 37 

Electrical engineering 

371  Manufacture  of electric wiring and cables 
372  Manufacture  of motors, generators, transformers,  switchgear,  and  other 

similar equipment for the provision of electric power 

373  Manufacture  of wearing apparel (except  furs) 
3 74  Manufacture  of mattresses and bedding 
375  Skin and fur  industries 
3 76  Manufacture  of electric appliances for domestic use 
377  Manufacture  of lamps and lighting equipment 
378  Manufacture  of batteries and accumulators 
379  Repair, assembly and specialist installation of electrical  equipment 

ex Major  Group 38 

Manufacture  of transport equipment 
383  Manufacture  of motor vehicles and parts thereof 
3 84  Repair of motor vehicles, motorcycles and cycles 
385  Manufacture  of motorcycles, cycles and parts thereof 
389  Manufacture  of transport equipment not elsewhere  classified 

Major  Group 39 

Miscellaneous manufacturing  industries 

391  Manufacture  of  precision  instruments  and  measuring  and  controlling 

instruments 

392  Manufacture  of  medico-surgical 

instruments  and  equipment  and 

orthopaedic appliances (except orthopaedic  footwear) 

Major  Group 40 

393  Manufacture  of photographic and optical equipment 
394  Manufacture  and repair of watches and clocks 
395  Jewellery and precious metal  manufacturing 
396  Manufacture  and repair of musical  instruments 
397  Manufacture  of games, toys, sporting and athletic goods 
399  Other manufacturing  industries 

Construction 

400  Construction (non-specialized); demolition 
401  Construction of buildings (dwellings or other) 
402  Civil engineering; building of roads, bridges, railways, etc. 
403 
Installation work 
404  Decorating and  finishing 

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

Major  Group 20A200 

Industries producing animal and vegetable fats and oils 

23 

20B 

Food manufacturing  industries (excluding the beverage industry) 

201  Slaughtering, preparation and preserving of meat 
202  Milk and milk products industry 
203  Canning and preserving of fruits and vegetables 
204  Canning and preserving of fish and other sea foods 
205  Manufacture of grain mill products 
206  Manufacture of bakery products, including rusks and biscuits 
207  Sugar industry 
208  Manufacture of cocoa, chocolate and sugar  confectionery 
209  Manufacture  of miscellaneous food products 

Major  Group 21 

Beverage industry 

211  Production  of  ethyl  alcohol  by  fermentation,  production  of  yeast  and 

spirits 

212  Production of wine and other unmalted alcoholic beverages 
213  Brewing and malting 
214  Soft drinks and carbonated water industries 

ex 30 

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

3 04  Manufacture  of starch products 

ex 04 

ex 3 8 

ex 71 

73 

ex 85 

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

043 

Fishing 
Inland water  fishing 
Manufacture  of transport equipment 

381  Shipbuilding and repairing 
3 82  Manufacture  of railroad equipment 
386  Manufacture  of aircraft  (including space equipment) 

Activities  allied  to transport  and activities  other than  transport  coming 
under the following groups: 

ex 711  Sleeping-  and  dining-care  services;  maintenance  of  railway  stock  in 

repair sheds; cleaning of carriages 

ex 712  Maintenance  of  stock  for  urban,  suburban  and  interurban  passenger 

transport 

ex 713  Maintenance of stock for  other passenger  land transport  (such as motor 

cars, coaches, taxis) 

ex 714  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) 

ex 716  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) 

Communication: postal services and telecommunications 

Personal services 

854  Laundries and laundry services, dry-cleaning and dyeing 

ex 856  Photographic  studios:  portrait  and  commercial  photography,  except 

journalistic  photographers 

ex 859  Personal services not elsewhere classified  (maintenance and cleaning of 

buildings  or accommodation  only) 

24 

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. 

List 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,  excluding  services  of  chiropodists  and  professional 
beauticians' and hairdressers' training schools 

25 

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) by concluding contracts with transport contractors, on behalf of principals; 
(bb) by choosing the method of transport, the firm and the route considered most  profitable 

for the principal; 

(cc) 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); 

(dd) by completing the formalities  connected with the transport such as the drafting  of way 

bills; by assembling and dispersing shipments; 

(ee) by  coordinating  the  various  stages  of  transportation,  by  ensuring  transit,  reshipment, 

transshipment and other termination operations; 

(fï)  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.  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; 

2.  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; 

3.  professional  activities  of  an  intermediary  who  enters  into  commercial  transactions  in  his 

own name on behalf of others; 

4.  professional  activities  of an intermediary  who  carries out wholesale  selling  by  auction  on 

behalf of others; 

26 

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

6.  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 6&/364/EEC 
(liberalization Directive 68/363/EEC) 

ISIC ex Group 612 Retail trade 

Excluded activities: 

012  Letting-out for hire of farm machinery 
640  Real estate, letting of property 
713  Letting-out for hire of automobiles, carriages and horses 
718  Letting-out for hire of railway carriages and wagons 
839  Renting of machinery to commercial undertakings 
841  Booking of cinema seats and renting of cinematograph films 
842  Booking of theatre seats and renting of theatrical equipment 
843  Letting-out  for  hire  of  boats,  bicycles,  coin-operated  machines  for 

. games of skill or chance 
853  Letting of furnished  rooms 
854  Laundered linen hire 
859  Garment hire  ' 

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

ISIC Nomenclature 

ISIC ex Major  Group 85: 

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

2.  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 

27 

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 

4 

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  pemianently  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. 

28 

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. 

29 

ANNEXA 

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 Maj or Group 01 

Agriculture 

In particular: 

(a)  general  agriculture  including  the growing  of field crops  and viticulture;  growing  of  fruits, 

nuts, seeds, vegetables, flowers, both in the open and under glass; 

(b)  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. 

Directive 63/607/EEC 
(Films) 

Directive 64/223/EEC 
ISIC Nomenclature 

ex Group 611 

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

Directive 64/428/EEC 
NICE  Nomenclature 

Major  group 

Group 

11 

12 

ex  13 

14 
19 

Mining and preparation of solid  fuels 

111  Mining and preparation of coal 
112  Mining and preparation of lignite 
Mining of metalliferous  ores 

121  Mining of iron ore 
122  Mining of non-ferrous metalliferous  ores and related  activities 
ex  130  Extraction  of petroleum  and  natural  gas  (excluding  prospecting  and 

drilling) 

140  Extraction of building materials and  fireclays 
190  Extraction of other minerals and of peat 

30 

Directive 65/264/EEC 
(cinema) 

Directive 66/162/EEC 
ISIC Nomenclature 

Division 5 

7 Electricity, gas, steam, water and sanitary services 

ex Group 640 

Group 839 

7 

Directive 67/43/EEC 
ISIC Nomenclature 

Real estate 
(excluding 6401) 

Business  services  not  elsewhere  classified  (excluding  journalism, 
activities  of  customs  agents,  advice  on  economic, 
financial, 
commercial,  statistical,  and  labour  and  employment  matters,  debt 
collection) 

8 

Directive 67/654/EEC 
ISIC Nomenclature 

Major  Group 02 

Forestry and logging 

021  Forestry 
022  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 

ex Major  Group 13 
ex  130 

Exploration (prospecting and drilling) 
for petroleum and natural gas 

11 

Directive 70/522/EEC 
ISIC Nomenclature 

ex  Group 6112 

Coal 

31 

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: 

67/43/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) 

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  fanners  in  another  Member State  to  transfer 
from  one holding to another 

32 

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: 

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  food  manufacturing  and  beverage  industries 
(ISIC Major  Groups 20 and 21) 

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  in the wholesale  coal  trade  and  activities 
of 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 

33 

Part Two: 

Directives that provide for transitional measures 

64/222/EEC: 

64/427/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 

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: 

68/368/EEC: 

70/523/EEC: 

75/368/EEC: 

75/369/EEC: 

82/470/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 

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) 

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

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 

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 

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 
in  storage  and 
transport  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 

34 

ISSN 0254-1475 

COM(97) 363  final 

DOCUMENTS 

EN 

16  04  06 

Catalogue  number  :  CB-CO-97-350-EN-C 

ISBN  92-78-22466-9 

Office  for  Official  Publications  of the European  Communities 

L-2985  Luxembourg 

35-