COMMON POSITION (EC) No 42/98 adopted by the Council on 29 June 1998 with a view to adopting Directive 98/.../EC of the European Parliament and Council of ... establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications
Date: 1998-06-29
Institutions: Council of the European Union
Subjects: free movement of workers, professional qualifications, recognition of diplomas, right of establishment, vocational training

C  262/12

EN

Official  Journal  of  the  European  Communities

19.8.98

COMMON  POSITION  (EC)  No  42/98

adopted  by  the  Council  on  29  June  1998

with  a  view  to  adopting  Directive  98/. . ./EC  of  the  European  Parliament  and  Council  of  . . .
establishing  a  mechanism  for  the  recognition  of  qualifications  in  respect  of  the  professional
activities covered by the directives on liberalisation and transitional measures and supplementing
the  general  systems  for  the  recognition  of  qualifications

(98/C  262/02)

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  Commission (1),

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 (3),

(1)  Whereas,  under  the  Treaty,  all  discriminatory
treatment on grounds of nationality with regard to
is
establishment  and  provision  of 
prohibited  as  from  the  end  of  the  transitional
period;  whereas,  therefore,  certain  provisions  of
the  Directives  applying  in  this  area  have  become
redundant  for  the  purposes  of  applying  the  rule  of
national  treatment,  since  that  rule  is  enshrined  in
the  Treaty  itself  and  has  direct  effect;

services 

(2)  Whereas,  however,  certain  of 

to 

the  Directives’
the  effective
provisions  designed 
exercise  of  the  right  of  establishment  and  freedom
to  provide  services  should  be  retained,  particularly
where  they  usefully  prescribe  how  obligations
under  the  Treaty  are  to  be  discharged;

facilitate 

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

(1)  OJ  C  115,  19.4.1996,  p.  16  and  OJ  C  264,  30.8.1997,  p.

5.

(2)  OJ  C  295,  7.10.1996,  p.  43.
(3)  Opinion  of  the  European  Parliament  of  20  February  1997
(OJ  C  85,  17.3.1997,  p.  114),  Common  Position  of  the
Council  of  29  June  1998,  and  Decision  of  the  European
Parliament  of 
in  the  Official
. . .  (not  yet  published 
Journal).

Directives  introducing  transitional  measures  have
been  adopted  pending  mutual  recognition  of
qualifications;  whereas  those  Directives  accept  the
fact  that  the  activity  in  question  has  been  pursued
for  a  reasonable  and  sufficiently  recent  period  of
time in the Member State from which the national
comes as a sufficient qualification for taking up the
activities in question in Member States which have
rules  governing  the  taking  up  of  such  activities;

(4)  Whereas the main provisions of the said Directives
should  be  replaced  in  line  with  the  conclusions  of
the  European  Council  held  in  Edinburgh  on  11
and  12  December  1992  regarding  subsidiarity,
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  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  three  years’  duration (4)  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  89/49/EEC (5)  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  89/49/EEC  and  92/51/EEC;
whereas  the  professional  activities  listed  in  Part
Two of Annex A to this Directive fall for the most

(4)  OJ  L  19,  24.1.1989,  p.  16.
(5)  OJ  L  209,  24.7.1992,  p.  25.  Directive  as  last  amended  by
Commission  Directive  97/38/EC  (OJ  L  184,  12.7.1997,  p.
31).

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Official  Journal  of  the  European  Communities

C  262/13

part within the scope of Directive 92/51/EEC as far
as  the  recognition  of  diplomas  is  concerned;

(6)  Whereas  a  proposal  has  been  transmitted  to  the
Council  with  a  view  to  amending  Directives
89/49/EEC  and  92/51/EEC  in  respect  of  the  proof
of financial standing and the proof of an insurance
against  financial  risks  that  a  host  Member  State
may  require  of  the  beneficiary;  whereas  the
Council  intends  to  deal  with  this  proposal  at  a
later stage;

(7)  Whereas  a  proposal  has  been  transmitted  to  the
Council  with  a  view  to  facilitating  the  free
movement  of  specialised  nurses  who  do  not  have
any  of  the  qualifications  listed  in  Article  3  of
Directive  77/452/EEC (1);  whereas  the  Council
intends  to  deal  with  this  proposal  at  a  later  stage;

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

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  beneficiaries
who  apply  therefor  be  provided,  before  they  establish
themselves  or  before  they  begin  to  provide  services,  with
information  as  to  the  rules  governing  the  occupation
which  they  propose  to  pursue.

TITLE  II

(8)  Whereas  this  Directive  should  require  regular

reports  to  be  drawn  up  on  its  implementation;

Recognition  of  formal  qualifications  awarded  by
another  Member  State

(9)  Whereas  this  Directive  is  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  for  the  abolition  of  restrictions  on  freedom
to supply services (2) and on freedom of establishment (3)
(hereinafter called ‘beneficiaries’) who wish to pursue the
activities  listed  in  Annex  A.

(1)  Council  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 this right of establishment and freedom to provide
services  (OJ  L  176,  15.7.1977,  p.  1)  Directive  as  last
amended  by  Directive  90/658/EC  (OJ  L  353,  17.12.1990,  p.
73).

(2)  OJ  2,  15.1.1962,  p.  32/62.
(3)  OJ  2,  15.1.1962,  p.  36/62.

Article  3

rules.  Where 

formal  qualifications  obtained  by 

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  knowledge
and  skills  certified  by  the  diplomas,  certificates  or  other
evidence  of 
the
beneficiary  with  a  view  to  pursuing  the  same  activity
elsewhere  in  the  Community  with  those  required  under
its  own  national 
the  comparative
examination shows that the knowledge and skills certified
by  a  diploma,  certificate  or  other  evidence  of  formal
qualifications  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  a  substantial  difference,
the  host  Member  State  shall  give  the  beneficiary  the
opportunity  to  demonstrate  that  he  has  acquired  the
knowledge and skills which were lacking by, at the choice
of the host Member State, attending an adaptation period
or  taking  an  aptitude  test  by  analogy  with  Directives
shall
89/48/EEC  and  92/51/EEC.  Member  States 
endeavour  to  take  into  consideration  the  beneficiary’s
preference  as  between  these  alternatives.

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
the  application  and
from 
comprehensive 
were
documentation 
submitted. There shall be a right to appeal under national
law  against  a  decision  or  against  the  absence  of  such
decision.

the  date  on  which 

supporting 

C  262/14

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19.8.98

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.  Where  the  activity  is  mentioned  in  Part  One  of
Annex  A,  it  must  have  been  pursued:

1.  in  the  case  of  the  activities  in  List  I:

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

(b) for  three  consecutive  years  in  a  self-employed
capacity or as a manager of an undertaking where
the beneficiary proves that he has received at least
three  years’  prior  training  for  the  activity  in
question,  attested  by  a  nationally  recognised
certificate or regarded by a competent professional
or  trade  body  as  fully  satisfying  its  requirements;
or

(c)  for  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

(d) for 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
beneficiary  proves  that  he  has  received  at  least
three  years’  prior  training  for  the  activity  in
question,  attested  by  a  nationally  recognised
certificate or regarded by a competent professional
or  trade  body  as  fully  satisfying  its  requirements.

the  undertaking  where 

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

2.  in  the  case  of  the  activities  in  List  II:

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

the  activity 
in  question,  attested  by  a
nationally recognised certificate or regarded by
a  competent  professional  or  trade  body  as
fully  satisfying  its  requirements;  or

—  for  four  consecutive  years  in  a  self-employed
capacity  or  as  a  manager  of  an  undertaking
where  the  beneficiary  proves  that  he  has
received  at  least  two  years  prior  training  for
the  activity 
in  question,  attested  by  a
nationally recognised certificate or regarded by
a  competent  professional  or  trade  body  as
fully  satisfying  its  requirements;  or

(c)  for  three  consecutive  years  in  a  self-employed
capacity or as a manager of an undertaking where
the  beneficiary  proves  that  he  has  pursued  the
activity  in  question  for  at  least  five  years  in  an
employed  capacity;  or

(d) —  for  five  consecutive  years  in  an  employed
capacity  where  the  beneficiary  proves  that  he
has  received  at  least  three  years  prior  training
for  the  activity  in  question,  attested  by  a
nationally recognised certificate or regarded by
a  competent  professional  or  trade  body  as
fully  satisfying  its  requirements;  or

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

In  the  case  referred  to  in  (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  8  is  made;

3.  in  the  case  of  the  activities  in  List  III:

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

(b) for  three  consecutive  years  in  a  self-employed
capacity  or  as  a  manager  of  an  undertaking,
where  the  beneficiary  proves  that  he  has  received
at  least  three  years  prior  training  for  the  activity
in  question,  attested  by  a  nationally  recognised
certificate or regarded by a competent professional
or  trade  body  as  fully  satisfying  its  requirements;
or

(b) —  for  three  consecutive  years  in  a  self-employed
capacity  or  as  a  manager  of  an  undertaking
where  the  beneficiary  proves  that  he  has
received  at  least  three  years’  prior  training  for

(c)  for  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.

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In  the  cases  referred  to  in  (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  8  is  made;

4.  in  the  case  of  the  activities  in  List  IV:

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

(b) for  two  consecutive  years  in  a  self-employed
capacity or as a manager of an undertaking where
the beneficiary proves that he has received at least
three  years’  prior  training  for  the  activity  in
question,  attested  by  a  nationally  recognised
certificate or regarded by a competent professional
or  trade  body  as  fully  satisfying  its  requirements;
or

(c)  for  three  consecutive  years  in  a  self-employed
capacity or as a manager of an undertaking where
the beneficiary proves that he has received at least
two  years’  prior  training  for  the  activity  in
question,  attested  by  a  nationally  recognised
certificate or regarded by a competent professional
or  trade  body  as  fully  satisfying  its  requirements;
or

(d) for  two  consecutive  years  in  a  self-employed
capacity or as a manager of an undertaking where
the  beneficiary  proves  that  he  has  pursued  the
activity  in  question  for  at  least  three  years  in  an
employed  capacity;  or

(e)  for  three  consecutive  years 

in  an  employed
capacity  where  the  beneficiary  proves  that  he  has
received  at  least  two  years’  previous  training  for
the  activity  in  question,  attested  by  a  nationally
recognised  certificate  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)  and  (b):

(a)  for three years in a self-employed capacity or as a
manager  of  an  undertaking,  provided  that  pursuit
of the activity in question did not cease more than
two  years  before 
the
the  date  on  which 
application  provided  for  in  Article  8  is  made;

(b) for three years in a self-employed capacity or as a
manager  of  an  undertaking,  provided  that  pursuit
of the activity in question did not cease more than
two  years  before 
the
application  provided  for  in  Article  8  is  made,
unless the host Member State permits its nationals
to  interrupt  their  pursuit  of  that  activity  for  a
longer  period;  or

the  date  on  which 

6.  in  the  case  of  the  activities  in  List  VI:

(a)  for 

three 

consecutive 

a
self-employed  capacity  or  as  a  manager  of  an
undertaking;  or

either 

years 

in 

(b) for  two  consecutive  years  in  a  self-employed
capacity or as a manager of an undertaking where
the  beneficiary  proves  that  he  has  received  prior
training  for  the  activity  in  question,  attested  by  a
nationally  recognised  certificate  or  regarded  by  a
competent  professional  or  trade  body  as  fully
satisfying  its  requirements;  or

(c)  for  two  consecutive  years  in  a  self-employed
capacity or as a manager of an undertaking where
the  beneficiary  proves  that  he  has  pursued  the
activity  in  question  for  at  least  three  years  in  an
employed  capacity;  or

(d) for  three  consecutive  years 

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

In  the  cases  referred  to  in  (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  8  is  made.

Article  5

Where  a  beneficiary  holds  a  nationally  recognised
certificate  obtained  in  a  Member  State  attesting  to
knowledge  of  and  ability  in  the  activity  in  question
equivalent  to  at  least  two  or  three  years,  as  appropriate,
of professional training, that certificate may be treated by
the  host  Member  State  in  the  same  way  as  a  certificate
attesting  to  training  of  the  duration  required  by  Article
4(1)(b)  and  (d),  (2)(b)  and  (d),  (3)(b)  and  (4)(b),  (c)  and
(e).

Article  6

than 

three  years, 

two  years  and 

Where the duration of the training of the beneficiary is at
least 
the
less 
requirements of Article 4 shall be satisfied if the duration
of  professional  experience  in  a  self-employed  capacity  or
as  a  manager  specified  in  Article  4(1)(b)  and  (d),  (2)(b),
first  indent,  (3)(b)  and  (4)(b)  or  in  an  employed  capacity
specified in Article 4(2)(d), first indent is extended in the
same  proportion  to  cover  the  difference  in  the  duration
of  the  training.

Article  7

A  person  shall  be  regarded  as  having  pursued  an  activity
as  a  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:

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19.8.98

(a)  as  a  manager  of  an  undertaking  or  a  manager  of  a

branch  of  an  undertaking;  or

(b) as  a  deputy  to  the  proprietor  or  the  manager  of  an
undertaking  where  that  post  involves  responsibility
equivalent  to  that  of  the  proprietor  or  manager
represented;  or

(c)  in  a  managerial  post  with  duties  of  a  commercial
and/or  technical  nature  and  with  responsibility  for
one  or  more  departments  of  the  undertaking.

Article  8

Proof  that  the  conditions  laid  down  in  Article  4  are
satisfied  shall  be  established  by  a  certificate  concerning
the  nature  and  duration  of  the  activity  issued  by  the
competent  authority  or  body  in  the  home  Member  State
or in the Member State from where the beneficiary comes
which  the  beneficiary  must  submit  in  support  of  his
application  for  authorisation  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  9

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

issued  by 

competent 

the 

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  are  not  and  have
not  previously  been  declared  bankrupt  and  have  not
previously  been 
subject  of  professional  or
(for  example,
administrative  disciplinary  measures 
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
of  this  Article,  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
the
where 

comes  attesting 

the  beneficiary 

that 

requirements  are  satisfied.  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  beneficiary  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,  where
or 
in  that  Member  State;  such
appropriate,  a  notary 
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.

administrative 

authority 

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

its  own
5. Where  a  host  Member  State  requires 
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.

6. At  the  time  of  their  production,  the  documents
referred  to  in  paragraphs  1,  2,  3  and  5  may  not  date
from  more  than  three  months  after  their  date  of  issue.

TITLE  V

Procedural  provisions

Article  10

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  8  and  9(1),  (2)  and  (3)  and  shall  communicate
this  information  forthwith  to  the  other  Member  States
and  to  the  Commission.

2. Each  Member  State  may  nominate  a  coordinator  for
the  activities  of  the  authorities  and  bodies  referred  to  in

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paragraph  (1)  to  the  coordinating  group  set  up  under
Article  9(2)  of  Directive  89/48/EEC.  The  tasks  of  the
coordinating  group  shall  also  be  as  follows:

—  facilitating  the  implementation  of  this  Directive,

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

TITLE  VI

Final  provisions

Article  11

1. The  Directives 
repealed.

listed 

in  Annex  B  are  hereby

2. References 
construed  as  references  to  this  Directive.

to 

the  repealed  Directives  shall  be

After undertaking all the necessary hearings, especially of
the  coordinators,  the  Commission  shall  submit 
its
conclusions  regarding  any  changes  to  the  existing
arrangement.  If  necessary,  the  Commission  shall  also
submit proposals for improving the existing arrangements
with the aim of facilitating free movement of persons, the
right  of  establishment  and  freedom  to  provide  services.

Article  14

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

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such  a
reference  shall  be  laid  down  by  the  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.

Article  12

Article  15

from  1 

January  2001,  Member  States 

As 
shall
communicate to the Commission every two years a report
on  the  application  of  the  system  introduced.

In addition to general remarks, that 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  13

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,  and  in  particular  of  Article  5,  in  the
Member  States.

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

Article  16

This  Directive  is  addressed  to  the  Member  States.

Done  at

For  the  European  Parliament

For  the  Council

The  President

The  President

(*) 24  months  from  the  date  of  its  entry  into  force

C  262/18

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ANNEX  A

PART  ONE

ACTIVITIES  RELATED  TO  CATEGORIES  OF  PROFESSIONAL  EXPERIENCE

Major  groups  covered  by  Directive  64/427/EEC,  as  amended  by  Directive  69/77/EEC,  and  by  Directives
68/366/EEC,  75/368/EEC  and  75/369/EEC

List  I

1

Directive  64/427/EEC
(liberalisation  Directive:  64/429/EEC)

NICE  Nomenclature
(corresponding  to  ISIC  Major  Groups  23-40)

Group

Major  Group  23

Major  Group  24

Major  Group  25

Major  Group  26

Major  Group  27

232

233

234
235

236
237
238
239

241
242
243
244
245

251
252
253
254
255
259

textile  materials  on  cotton

textile  materials  on  woollen

Manufacture  of  textiles
Manufacturing  and  processing  of 
machinery
Manufacturing  and  processing  of 
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

260

Manufacture  of  wooden  furniture

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

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Major  Group  28

Major  Group  29

ex  Major  Group  30

ex  Major  Group  31

Major  Group  32

Major  Group  33

Major  Group  34

Major  Group  35

Major  Group  36

280

Printing,  publishing  and  allied  industries

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

320

Petroleum  industry

331
332
333
334
335
339

341

342
343
344
345

351
352
353
354
355

359

361
362
363

364

365

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

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)
Manufacture  of  steel  tubes
Wire-drawing,  cold-drawing,  cold-rolling  of  strip,  cold-forming
Production  and  primary  transformation  on  non-ferrous  metals
Ferrous  and  non-ferrous  metal  foundries

Manufacture  of  metal  products  (except  machinery  and  transport)
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  and  metal
(except  electrical  equipment)
Ancillary mechanical engineering activities

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  of  machinery  and  equipment  for  the  food-manufacturing
and  beverage  industries  and  for  the  chemical  and  allied  industries

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Major  Group  37

ex  Major  Group  38

Major  Group  39

Major  Group  40

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  plant  and  equipment  for  mines,  iron  and  steel  works
foundries, and for the construction industry; manufacture of mechanical
handling  equipment
Manufacture  of  transmission  equipment
Manufacture  of  machinery  for  other  specific  industrial  purposes
Manufacture  of  other  non-electrical  machinery  and  equipment

Electrical engineering
Manufacture  of  electric  wiring  and  cables
Manufacture  of  motors,  generators,  transformers,  switch  gear,  and
other  similar  equipment  for  the  provision  of  electric  power
Manufacture  of  electrical  equipment  for  direct  commercial  use
Manufacture of telecommunication equipment, meters, other measuring
appliances  and  electromedical  equipment
Manufacture  of  electronic  equipment,  radio  and  television  receivers,
audio  equipment
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

instruments  and  equipment  and

Miscellaneous  manufacturing  industries
Manufacture  of  precision  instruments  and  measuring  and  controlling
instruments
Manufacture  of  medico-surgical 
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-specialised);  demolition
Construction  of  buildings  (dwellings  or  other)
Civil  engineering;  building  of  roads,  bridges,  railways,  etc.
Installation  work
Decoration  and  finishing

2

Directive  68/366/EEC
(liberalisation  Directive  68/365/EEC)

NICE  Nomenclature

Major  Group  20 A

200

Industries  producing  animal  and  vegetable  fats  and  oils

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Major  Group  20 B

Food  manufacturing  industries  (excluding  the  beverage  industry)

201
202
203
204
205
206
207
208
209

211

212
213
214

304

043

381
382
386

ex  711

ex  712

ex  713

ex  714

ex  716

854
ex  856

ex  859

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

3

Directive  75/368/EEC

(activities  listed  in  Article  5(1))

ISIC  Nomenclature

Fishing
Inland  water  fishing

Manufacture  of  transport  equipment
Shipbuilding  and  repairing
Manufacture  of  railroad  equipment
Manufacture  of  aircraft  (including  space  equipment)

Activities  allied  to  transport  and  activities  other  than  transport  coming
under  the  following  groups:
Sleeping- and dining-car 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 road, 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 installation 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
Laundries  and  laundry  services,  dry-cleaning  and  dyeing
Photographic  studios:  portrait  and  commercial  photography,  except
journalistic  photographers
Personal  services  not  elsewhere  classified  (maintenance  and  cleaning  of
buildings  or  accommodation  only)

Major  Group  21

ex  30

ex  04

ex  38

ex  71

73

ex  85

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4

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)  —  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:

—  organising, 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

List  IV

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

Group  718  and  720  of  the  ISIC  Nomenclature:

The  activities  comprise  in  particular:

—  acting  as  an  intermediary  between  contractors  for  various  methods  of  transport  and  persons  who

dispatch  or  receive  goods,  and  carrying  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  ensurings  transit,  reshipment,

transshipment  and  other  termination  operations;

(ff)  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))

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List  V

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

a

See  Article  4(5)(a)  of  this  Directive

Directive  64/222/EEC

(liberalisation  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.

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

more  commercial,  industrial  or  small  craft  undertakings.

b

See  Article  4(5)(b)  of  this  Directive

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)

(See  Article  4(5)(b)  of  this  Directive

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

List  VI

1

Directive  68/364/EEC

(liberalisation  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

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2

Directive  68/368/EEC
(liberalisation  Directive  68/367/EEC

ISIC  Nomenclature

ISIC  ex Major  Group  85:

1.  Restaurants,  cafe´s,  taverns  and  other  drinking  and  eating  places  (ISIC  Group  852)

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

3

Directive  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  that
Directive  (List  I,  No  3  of  this  Annex).

ex  62

ex  71

ex  82

ex  84

ex  85

ex  620

ex  713

ex  719

827

843

ex  851
ex  855

ex  859

Banks  and  other  financial  institutions
Patent  buying  and  licensing  companies

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

Community  services
Libraries,  museums,  botanical  and  zoological  gardens

Recreation services
Recreation  services  not  elsewhere  classified:
—  sporting activities (sports grounds, organising 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)

Personal services
Domestic  services
Beatuy  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  moutain  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  cementery  maintenance
—  couriers  and  interpreter-guides

4

Directive  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.

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5

Directive  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.

PART  TWO

ACTIVITIES  OTHER  THAN  THOSE  COVERED  IN  PART  ONE

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

1

ISIC  Nomenclature

ex  Major  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.

2

Directive  63/607/EEC

(Films)

3

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).

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4

Directive  64/428/EEC

NICE  Nomenclature

Major  Group  11

Major  Group  12

Group

111
112

121
122

ex  Major  Group  13

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

ex  130

Extraction  of  petroleum  and  natural  gas  (excluding  prospecting  and
drilling)

Major  Group  14

Major  Group  19

140

Extraction  of  building  materials  and  fireclays

190

Extraction  of  other  minerals  and  of  peat

5

Directive  65/264/EEC
(cinema)

6

Directive  66/162/EEC

ISIC  Nomenclature

Division  5

Electricity,  gas,  steam,  water  and  sanitary  services

7

Directive  67/43/EEC

ISIC  Nomenclature

ex  Group  640
Group  839

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

021
022

Forestry  and  logging
Forestry
Logging

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9

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

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ANNEX  B

Repealed Directives

PART  ONE:  Liberalisation  Directives

63/261/EEC:

63/262/EEC:

63/607/EEC:

64/223/EEC:

64/224/EEC:

64/428/EEC:

64/429/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

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

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

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

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

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)

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:

66/162/EEC:

67/43/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

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

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67/531/EEC:

67/532/EEC:

67/654/EEC:

68/192/EEC:

68/363/EEC:

68/365/EEC:

68/367/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

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

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

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

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)

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,
cafe´s,  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:

69/82/EEC:

70/451/EEC:

70/522/EEC:

Council  Directive  of  20  December  1968  concerning  freedom  of  access  to  the  various
forms  of  aid  for  farmer  who  are  nationals  of  one  Member  State  and  established  in
another  Member  State

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)

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

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

Part  Two:  Directives  providing  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

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64/427/EEC:

68/364/EEC:

68/366/EEC:

68/368/EEC:

70/523/EEC:

75/368/EEC:

75/369/EEC:

82/470/EEC:

Council  Directive  of  7  July  1964  laying  down  detailed  provisions  concerning
transitional measures 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),  as  amended  by  Council  Directive  69/77/EEC  of  4  March  1969

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)

Council  Directive  of  15  October  1968  laying  down  detailed  provisions  concerning
transitional  measures  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  laying  down  detailed  provisions  concerning
transitional  measures  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)

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  transport  and  travel  agencies
(ISIC  Group  718)  and  in  storage  and  warehousing  (ISIC  Group  720)

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

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STATEMENT  OF  THE  COUNCIL’s  REASONS

I. 

INTRODUCTION

1.  On  9  February  1996,  the  Commission  sent  to  the  Council  a  proposal  for  a  Directive
establishing  a  mechanism  for  the  recognition  of  qualifications  in  respect  of  the
professional  activities  covered  by  the  Directives  on  liberalisation  and  transitional
measures  and  supplementing  the  general  systems  for  the  recognition  of  qualifications.

That  proposal  was  based  on  Article  49,  Article  58(1),  the  first  and  third  sentences  of
Article  57(2),  and  Article  66  of  the  EC  Treaty.

2.  The  European  Parliament  delivered  its  Opinion  at  first  reading  on  20  February  1997.

The  Economic  and  Social  Committee  delivered  its  Opinion  on  10  July  1996.

In  the  light  of  those  opinions,  the  Commission  submitted  an  amended  proposal  on  16
July  1997.

3.  The  Council  adopted  its  common  position  in  accordance  with  Article  189b  of  the

Treaty  on  29  June  1998.

II.  OBJECTIVE

The aim of the proposal is to establish a mechanism for the recognition of qualifications in
respect  of  professional  activities  not  covered  by  the  general  system.  This  mechanism  will
enable  migrants  to  ask  for  the  recognition  of  their  qualifications  where  they  do  not  have
the  necessary  professional  experience  to  seek  application  of  a  Directive  on  transitional
measures.

The proposal is also designed to recast the main provisions of the Directives on transitional
measures  and  liberalisation  relating  in  particular  to  trade,  industry  and  small  craft
industries  so  as  to  make  Community  legislation  clearer  and  simpler.

III.  COMMON  POSITION

1.  General  comments

The  Council’s  common  position  is  in  line  with  the  objective  of  the  Commission
proposal  as  indicated  in  section  II  above.  However,  the  Council  has  amended  the
proposal,  in  particular  to  ensure  that  the  common  position  reflects  more  faithfully  the
systems of professional training in all the Member States, and especially the most recent
trends  in  that  sector.

The  Council  has  accepted  most  of  the  amendments  proposed  by  the  European
Parliament  at  first  reading (1).

2.  Specific  comments

The amendments to the Commission proposal — other than the European parliament’s
amendments  —  are  summarised  below.

(1)  It  should  be  noted  that  the  former  Article  9,  which  was  the  subject  of  an  amendment  by  the  European

Parliament,  has  been  deleted  (see  point  2(v)  below).

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(i)  Choice  of  compensatory  measure  by  the  host  Member  State  (Article  3(1)

In the last sentence but one, for the sake of clarity and legal certainty, the Council
wished  to  specify  that,  within  the  framework  of  the  recognition  of  diplomas,  it  is
for  the  host  Member  State  to  choose  the  measure  (adaptation  period  or  aptitude
test)  offered  to  the  migrant  to  make  up  for  the  training  deficit.

A  last  sentence  has  been  added  so  that  the  migrant’s  preferences  are  taken  into
account  as  far  as  possible.

(iii) Additions  to  Article  4  to  take  account  of  professional  training  systems  based  on
assessment  of  skills  rather  than  on  duration  of  training  (new  articles  5  and  6)

Article  4  consolidates  the  transitional  and  liberalisation  Directives  as  regards  the
recognition  of  professional  qualifications  on  the  basis  of  professional  experience
gained in another Member State. Several passages of this Article provide that access
to  certain  activities  is  granted  to  migrants  who  have  pursued  an  activity  after  a
period  of  previous  training.  The  duration  of  the  experience  and  of  the  training  is
expressly  indicated  in  each  case.

However,  this  Article,  which  already  existed  in  the  transitional  and  liberalisation
Directives,  does  not  take  account  of  the  systems  of  certain  Member  States  which
recognise  professional  qualifications  on  the  basis  of  acquired  skills  rather  than
duration  of  training.  Such  systems  often  involve  a  shorter  period  of  training  than
other  systems.  It  should  also  be  pointed  out  that  the  latest  trend  in  the  area  of
professional training is to put the emphasis on acquired skills. The conclusion was
that there was a gap in the system established by the transitional and liberalisation
Directives.

In  order  to  fill  that  gap,  the  Council  has  added  new  Articles  5  and  6:

—  Article  5  enables  Member  States  to  equate  with  certificates  awarded  after  two
or three years of training, as required under Article 4, certificates issued on the
basis  of  acquired  skills  provided  the  latter  are  equivalent  to  two  or  three  years
of  training,  as  appropriate,

—  Article  6  makes  it  possible  to  compensate  for  an  insufficient  period  of  training

by  extending  the  duration  of  professional  experience  proportionately.

(iii) Reference  to  the  technical  duties  of  persons  in  managerial  posts  (Article  7(c))

To reflect economic reality, the Council has added technical duties to the functions
which  may  be  carried  out  by  a  manager  of  an  undertaking.

(iv)  Deletion  of  Article  8  of  the  Commission  proposal

The  Council  decided  to  transfer  this  Article  to  the  proposal  for  a  Directive
amending  Directives  89/48/EEC  and  92/51/EEC  on  the  general  system  for  the
recognition  of  professional  qualifications  and 
supplementing  Directives
77/452/EEC,  77/453/EEC,  78/686/EEC,  78/687/EEC,  78/1026/EEC,  78/1027/EEC,
80/154/EEC,  80/155/EEC,  85/384/EEC,  85/432/EEC,  85/433/EEC  and  93/16/EEC

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concerning the professions of nurse responsible for general care, dental practitioner,
veterinary  surgeon,  midwife,  architect,  pharmacist  and  doctor,  hereinafter  referred
to  as  the  ‘SLIM  proposal’.  Recitals  6  and  7  refer  to  this  transfer.

The SLIM proposal seems to be the most suitable place for the old Article 8, which
basically  made  amendments  to  the  general  Directives,  especially  the  one  on
nurses.

(v)  Deletion  of  Articles  9  and  10  (Committee  procedure)

The  Council  did  not  adopt  Articles  9  and  10  introducing  a  Committee  procedure
for  updating  the  lists  in  Annex  A.  In  the  interests  of  legal  certainty,  the  Council
considered  that  such  updating  should  be  the  subject  of  Directives  and  hence  of  a
co-decision  procedure.

(iv)  Possibility  of  appointing  an  additional  coordinator  (first  subparagraph  of  Article

10(2))

It  is  provided  that  the  coordinating  group  for  Directive  89/48/EEC  is  also
responsible for this Directive. The Council considered it advisable to allow Member
States,  if  they  so  wish,  to  appoint  an  additional  coordinator  to  the  group  so  as  to
be able to benefit from any knowledge gained by experts in the specific area of this
Directive.

(vii) Report  on  the  application  of  Article  5  (first  paragraph  of  Article  13)

In Article 13 (former Article 13a inserted by the European Parliament), the Council
decided to refer specifically to Article 5. As Article 5 is an important innovation in
the  system  for  the  recognition  of  professional  qualifications,  the  Commission
should  monitor  its  application  very  closely  and,  if  necessary,  submit  proposals
aimed at facilitating the free movement of persons holding a certificate of the type
defined  in  Article  5.

IV.  CONCLUSION

The Council considers that all the amendments made to the Commission proposal meet the
objectives of the proposed Directive. The common position reproduces the substance of all
the  amendments  proposed  by  the  European  Parliament  and  included  in  the  amended
Commission  proposal,  except  in  the  case  of  Article  9,  which  has  been  deleted.  The  most
significant  change  in  the  common  position  compared  with  the  Commission’s  original
proposal  is  the  inclusion  of  Articles  5  and  6,  which  are  based  on  the  same  concern  to
facilitate  free  movement  which  is  at  the  root  of  the  Commission  proposal.