Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications
Date: 1999-06-07
Institutions: Council of the European Union, European Parliament
Subjects: mutual recognition principle, professional experience, professional qualifications, recognition of diplomas

31. 7. 1999

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Official Journal of the European Communities

L 201/77

DIRECTIVE 1999/42/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 June 1999

establishing a mechanism for the recognition of qualifications in respect of the professional
activities covered by the Directives on liberalisation 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 40 and 47(1), the first
and third sentences of Article 47(2), and Article 55 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
251 of the Treaty (3) and in the light of the joint text adopted
on 22 April 1999,

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

(2) Whereas, however, certain of the Directives' provisions
designed to facilitate the effective 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;

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

(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 (OJ C 262, 19.8.1998, p. 12), Decision of the European
Parliament of 8 October 1998 (OJ C 328, 26.10.1998, p. 156).
Decision of the European Parliament of 7 May 1999 and Council
Decision of 11 May 1999.

Community legislation and,
in particular, the reconsi-
deration by the Commission of the relatively old direct-
ives 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 profes-
sional 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 89/48/EEC (5) do not apply to certain profes-
sional activities covered by the Directives applying to
(Part One of Annex A to this
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 activi-
ties listed in Part Two of Annex A to this Directive fall
for the most part within the scope of Directive 92/
51/EEC as
is
concerned;

the recognition of diplomas

subject-matter

far as

(6) Whereas a proposal has been transmitted to the Council
with a view to amending Directives 89/48/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 special-
ised nurses who do not have any of the qualifications
listed in Article 3 of Directive 77/452/EEC (6); whereas
the Council intends to deal with this proposal at a later
stage;

(8) Whereas this Directive should require regular reports to

be drawn up on its implementation;

(9) Whereas this Directive without prejudice to the applica-

tion of Articles 39(4) and 45 of the Treaty,

(4) OJ L 19, 24.1.1989, p. 16.
(5) OJ L 209, 24.7.1992, p. 25. Directive as last amended by Commis-

sion Directive 97/38/EC (OJ L 184, 12.7.1997, p. 31).

(6) 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
L 176,
15.7.1977, p. 1). Directive as last amended by Directive 90/658/EC
(OJ L 353, 17.12.1990, p. 73).

and freedom to provide

services

(OJ

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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
restrictions on freedom to supply services (1) and on
of
freedom of establishment (2) (hereinafter called ‘beneficiaries’)
who wish to pursue the activities listed in Annex A.

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

By way of derogation from this rule, the host Member State
may require an adaptation period or an aptitude test if the
migrant envisages exercising professional activities in a self-
employed capacity or as a manager of an undertaking which
are covered by Part One of Annex A and which require the
knowledge and the application of the specific national rules in
force, provided that knowledge and application of those rules
are required by the competent authorities of the host Member
State for access to such activities by its own nationals.

Member States shall endeavour to take into consideration the
beneficiary's preference as between those alternatives.

2.
Applications for recognition within the meaning of para-
graph 1 shall be examined within the shortest possible time,
and the competent authority in the host Member State shall
state its reasons when giving a decision, which shall be taken
no later than four months from the date on which the applica-
tion and comprehensive supporting documentation were
submitted. There shall be a right to appeal under national law
against a decision or against the absence of such decision.

Article 2

TITLE III

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

Recognition of formal qualifications awarded by another Member
State

Article 3

1. Without prejudice to Article 4, a Member State may not,
on the grounds of inadequate qualifications, refuse to permit a
national of another Member State to take up or pursue any of
the activities listed in Part One of Annex A on the same
conditions as apply to its own nationals, without having first
compared the knowledge and skills certified by the diplomas,
certificates or other evidence of formal qualifications obtained
by the beneficiary with a view to pursuing the same activity
elsewhere in the Community with those required under its own
national rules. Where the comparative examination shows that
the knowledge and skills certified by a 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
the
to pursue the activity in question. Where, however,
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. In this case, the host Member State shall
give the applicant the right to choose between an adaptation
period and an aptitude test by analogy with Directives 89/
48/EEC and 92/51/EEC.

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

Recognition of professional qualifications on the basis of profes-
sional 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
that
Member State shall accept as sufficient evidence of such know-
ledge 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:

and ability,

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 nation-
ally recognised certificate or regarded by a competent
professional or trade body as fully satisfying its require-
ments; 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
undertaking where the beneficiary proves that he has
received at
three years' prior training for the
activity in question, attested by a nationally recognised
certificate or regarded by a competent professional or
requirements.
trade body

satisfying

fully

least

its

as

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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 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

(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 ques-
tion, 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 ques-
tion, 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 certifi-
cate 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;

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 benefi-
ciary 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.

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 nation-
ally recognised certificate or regarded by a competent
professional or trade body as fully satisfying its require-
ments; 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 nation-
ally recognised certificate or regarded by a competent
professional or trade body as fully satisfying its require-
ments; 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 date on which the 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 date on which 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

6.

in the case of the activities in List VI:

(a) for three 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 prior training for the activity
in question, attested by a nationally recognised certifi-
cate or regarded by a competent professional or trade
body as fully satisfying its requirements; or

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(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 10 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 certifi-
cate 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

Where the duration of the training of the beneficiary is at least
two years and less than three years, the 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:

(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 under-
taking 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

1. Where a host Member State requires its own nationals
wishing to take up any activity referred to in Article 1(2) to
furnish proof of good character and proof that they 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 equiva-
lent document issued by a competent judicial or administrative
authority in the home Member State or in the Member State
from where the beneficiary comes showing that these require-
ments are satisfied.

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 the subject of profes-
sional 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 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 where the beneficiary comes attesting that
the 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 administrative authority or,
where appropriate, a notary in that Member State; such
authority or notary shall issue a certificate attesting the authen-
ticity 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.

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

5. Where a host Member State requires its own nationals
wishing to take up or pursue any activity referred to in Article
1(2) to furnish proof that they are insured against the financial
it shall accept
risks arising from their professional
certificates issued by the insurance undertakings of other
Member States as equivalent to those issued in its own terri-
tory. 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,

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At the time of their production, the documents referred
6.
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 stipu-
lated 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 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 listed in Annex B are hereby repealed.

References to the repealed Directives shall be construed

2.
as references to 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.

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

also submit proposals

the Commission shall

Article 14

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 31 July 2001. 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 15

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

Article 16

Article 12

This Directive is addressed to the Member States.

As from 1 January 2001, Member States 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.

Done at Luxembourg, 7 June 1999.

For the European Parliament

For the Council

The President

J. M. GIL-ROBLES

The President

E. BULMAHN

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ANNEX A

PART ONE

Activities related to categories of professional experience

List I

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

1

Directive 64/427/EEC

(liberalisation Directive: 64/429/EEC)

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

Major Group 23

Manufacture of textiles

232

233

234

235

236

237

238

239

Manufacturing and processing of textile materials on woollen machinery

Manufacturing and processing of textile materials on cotton machinery

Manufacturing and processing of textile materials on silk machinery

Manufacturing and processing of textile materials on flax and hemp machinery

Other textile fibre industries (jute, hard fibres, etc.) cordage

Manufacture of knitted and crocheted goods

Textile finishing

Other textile industries

Major Group 24

Manufacture of footwear, other wearing apparel and bedding

241

242

243

244

245

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

Major Group 25

Manufacture of wood and cork, except manufacture of furniture

251

252

253

254

255

259

260

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

Manufacture of wooden furniture

Major Group 26

Major Group 27

Manufacture of paper and paper products

271

272

280

Major Group 28

Manufacture of pulp, paper and paperboard

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

Printing, publishing and allied industries

Major Group 29

Leather industry

291

292

Tanneries and leather finishing plants

Manufacture of leather products

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ex Major Group 30 Manufacture of rubber and plastic products, man-made fibres and starch products

301

302

303

Processing of rubber and asbestos

Processing of plastic materials

Production of man-made fibres

ex Major Group 31 Chemical

industry

311

312

313

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
(excluding the manufacture of medicinal and pharmaceutical products (ISIC ex Group
319)

Major Group 32

320

Petroleum industry

Major Group 33

Manufacture of non-metallic mineral products

331

332

333

334

335

339

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

Major Group 34

Production and primary transformation of ferrous and non-ferrous metals

341

342

343

344

345

Iron and steel industry (as defined in the ECSC Treaty, including integrated steelworks-
owned coking plants)

Manufacture of steel tubes

Wire-drawing, cold-drawing, cold-rolling of strip, cold-forming

Production and primary transformation of non-ferrous metals

Ferrous and non-ferrous metal foundries

Major Group 35

Manufacture of metal products (except machinery and transport equipment)

351

352

353

354

355

Forging, heavy stamping and heavy pressing

Secondary transformation and surface-treatment

Metal structures

Boilermaking, manufacture of industrial hollow-ware

Manufacture of tools and implements and finished articles of metal (except electrical
equipment)

359

Ancillary mechanical engineering activities

Major Group 36

Manufacture of machinery other than electrical machinery

361

362

363

364

365

366

367

368

369

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

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

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Major Group 37

Electrical engineering

371

372

373

374

375

376

377

378

379

Manufacture of electric wiring and cables

Manufacture of motors, generators, transformers, switch gear, and other similar equip-
ment for the provision of electric power

Manufacture of electrical equipment for direct commercial use

Manufacture of telecommunications 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

ex Major Group 38 Manufacture of transport equipment

383

384

385

389

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

Major Group 39

Miscellaneous manufacturing industries

391

392

393

394

395

396

397

399

Manufacture of precision instruments and measuring and controlling instruments

Manufacture of medico-surgical instruments and equipment and orthopaedic appliances
(except orthopaedic footwear)

Manufacture of photographic and optical equipment

Manufacture and repair of watches and clocks

Jewellery and precious metal manufacturing

Manufacture and repair of musical

instruments

Manufacture of games, toys, sporting and athletic goods

Other manufacturing industries

Major Group 40

Construction

400

401

402

403

404

Construction (non-specialised); demolition

Construction of buildings (dwellings or other)

Civil engineering; building of roads, bridges, railways, etc.

Installation work

Decorating 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

20 B

Food manufacturing industries (excluding the beverage industry)

201

202

203

204

205

206

207

208

209

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

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Major Group 21

Beverage industry

211

212

213

214

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

ex 30

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

ex 04

ex 38

ex 71

304

Manufacture of starch products

3

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

ISIC Nomenclature

Fishing

043

Inland water fishing

Manufacture of transport equipment

381

382

386

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:

ex 711 Sleeping- and dining-car 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)

73

ex 85

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 photog-

raphers

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

accommodation only)

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) 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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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

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 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 ensuring 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)).

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;

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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 or 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)

List VI

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

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

2

Directive 68/368/EEC

(liberalisation Directive 68/367/EEC)

ISIC Nomenclature

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)

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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).

ISIC Nomenclature

ex 62

Banks and other financial

institutions

ex 620 Patent buying and licensing companies

ex 71

Transport

ex 713 Road passenger transport, excluding transportation by means of motor vehicles

ex 719 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 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)

ex 85

Personal services

ex 851 Domestic services

ex 855 Beauty parlours and services of manicurists, excluding services of chiropodists and professional

beauticians' and hairdressers' training schools

ex 859 Personal services not elsewhere classified, except sports and paramedical masseurs and moun-

tain 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

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.

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;

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— 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

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

ex Major group 01 Agriculture

In particular:

ISIC Nomenclature

(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).

4

Directive 64/428/EEC

NICE Nomenclature

Major 11

Group
Mining and preparation of solid fuels

111

112

Mining and preparation of coal

Mining and preparation of lignite

Major 12

Mining of metalliferous ores

121

122

Mining of iron ore

Mining of non-ferrous metalliferous ores and related activities

Major ex 13

ex 130 Extraction of petroleum and natural gas (excluding prospecting and drilling)

Major 14

Major 19

140

190

Extraction of building materials and fireclays

Extraction of other minerals and of peat

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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 Real estate (excluding 6401)

Group 839

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

022

Forestry

Logging

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:

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:

64/428/EEC:

64/429/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

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 estab-
lished as farmers in another Member State to transfer from one holding to another

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

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67/654/EEC:

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

68/192/EEC:

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

68/363/EEC:

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

68/365/EEC:

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

68/367/EEC:

Council Directive of 15 October 1968 concerning the attainment of freedom of establishment and
freedom to provide services in respect of activities of self-employed persons in the personal services
sector (ISIC ex Major Group 85); 1. Restaurants, cafés, 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

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

64/427/EEC:

Council Directive of 7 July 1964 laying down detailed provisions concerning transitional measures in
respect of activities of self-employed persons in manufacturing 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

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)

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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 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