Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the Union in the Joint Committee established by the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons as regards the replacement of Annex III on the mutual recognition of professional qualifications
Date: 2011-06-06
Institutions: European Commission
Subjects: Switzerland, freedom to provide services, lawyer, nursing staff, recognition of diplomas, revision of an agreement, sales representative, town-planning profession, toxic substance

EUROPEAN COMMISSION 

Brussels, xx 6.6.2011 
COM(2011) 325 final 

2011/0143 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the Union in the Joint Committee established 
by the Agreement of 21 June 1999 between the European Community and its Member 
States, of the one part, and the Swiss Confederation, of the other part, on the free 
movement of persons as regards the replacement of Annex III on the mutual recognition 
of professional qualifications 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Annex  III  to  the  Agreement  on  the  free  movement  of  persons  on  the  mutual  recognition  of 
professional qualifications. 

In 1999, the European Community and its Member States on the one part, and Switzerland, on 
the  other  part,  concluded  a  bilateral  Agreement  on  the  free  movement  of  persons  which 
entered into force on the 1st June 2002 (see OJ L 114 of 30.4.2002, p. 6). A protocol which 
entered into force on the 1st April 2006 was concluded in order to extend the Agreement to the 
ten  new  Member  States  (see  OJ  L  89  du  28.3.2006).  A  second  protocol  was  concluded  in 
order  to  extend  the  Agreement  to  Bulgaria  and  Romania  (see  OJ  L  124  of  20.5.2009).  The 
Agreement was concluded for an initial duration of seven years, which came to an end on 31 
May 2009. Following the success of the Swiss referendum of 8 February 2009 it was renewed 
for an indefinite period. 

Article  9  and  Annex  III  of  the  Agreement  are  devoted  to  the  recognition  of  professional 
qualifications. That Annex lists the  relevant  Community  texts  which  apply to  relations  with 
Switzerland.  Article  18  of  the  Agreement  provides  that  the  amendments  to  Annex  III  be 
adopted by decision of the Joint Committee. This Article has been used once since the entry 
into force of the Agreement by Decision no. 1/2004 of the EU-Switzerland Joint Committee 
of 30 April 2004, amending Annex III (mutual recognition of professional qualifications) of 
the  Agreement  on  the  free  movement  of  persons  between  the  European  Community  and  its 
Member States on the one part, and the Swiss Confederation on the other part. 

Annex III must again be updated in order to take into account the evolution of the Community 
Acquis and especially the adoption of Directive 2005/36/EC as amended, the extension of the 
Agreement  to  Bulgaria  and  Romania  and  some  developments  in  terms  of  professional 
qualifications in Switzerland.  

Taking into account the acquis adopted since the last amendment of Annex III 

The  Acquis  in  terms  of  recognition  of  professional  qualifications  has  evolved  considerably 
since 2004 with the adoption in 2005 of Directive 2005/36/EC which consolidates 15 previous 
directives and modernizes the applicable regime in terms of temporary provision of services. 
The annexes of this directive have also been amended several times since the entry into force 
of the text. These amendments have all been included in the attached draft revision to Annex 
III. 

On  18  June  2008  the  Swiss  Federal  Council  took  the  decision  to  implement  Directive 
2005/36/EC. However, as regards the Title II of the Directive (“Free provision of services”) 
the  Swiss  authorities  have  indicated  the  need  to  fulfill  constitutional  requirements  before  a 
binding commitment can be made by Switzerland. 

Enlargement to Bulgaria and Romania 

A protocol was concluded in order to extend the Agreement on the free movement of persons 
to Bulgaria and Romania. In the field of recognition of professional qualifications it will only 

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be applicable after the adoption of a decision of the Joint Committee (see article 4, paragraph 
2 of the text). 

Directive  2006/100/EC  which  amended  Directive  2005/36/EC  following  the  accession  of 
Romania and Bulgaria is also included in the texts mentioned in the attached draft Annex III. 

Taking account of developments for professional qualifications in Switzerland 

For  its  part,  Switzerland  has  requested  several  updates  of  Annex  III.  It  has  notified  seven 
professional qualifications having a particular structure which have to be inserted in Annex II 
of  Directive  2005/36/EC.  The  professions  of  optician,  audiologist,  boot  maker,  orthopedist, 
dental technician, mountain guide and snow sports instructor are concerned. 

As regards Annex V.1.3 of Directive 2005/36/EC, Switzerland has requested that the change 
of  denomination  of  its  speciality  in  pharmacology  be  taken  into  account.  It  has  further 
requested that its professional qualification for infectious diseases be inserted in this annex. 

It has also notified a new title for nurses responsible for general care to be inserted in Annex 
V.2.2 of directive 2005/36/EC (Bachelor of Science in nursing).  

Finally, it has asked for the insertion in Annex V.7.1 of new diplomas in architecture.  

The question of the coexistence in Switzerland of two types of professional qualifications in 
general medicine has been raised during the negotiations because it is not compatible with the 
EU acquis. Switzerland has agreed to suppress one of its two qualifications, and only keep the 
general  medical  practitioner  (Praktischer  Arzt).  Annex  III  therefore  does  not  need  to  be 
amended on this point because it is actually this qualification which is currently listed there. 

The list of acts to be taken into account which is mentioned under Section B of the current 
Annex III contains texts which are mainly obsolete; this was also modified. 

2. 

LEGAL ELEMENTS OF THE PROPOSAL 

Annex A: The draft Joint Committee Decision 

The draft Joint Committee Decision contains four Articles. 

Article 1 provides that Annex III to the Agreement shall be replaced by the Annex attached to 
the Decision. 

Article 2 aims at clarifying that Switzerland is not entitled to impose compensatory measures 
on  professionals  which  benefit  from  acquired  rights  under  Directive  2005/36/EC  on  the 
recognition of professional qualifications, by  providing  that Switzerland shall  apply without 
restrictions the acquired rights laid down in the said Directive according to the conditions set 
out in this decision and its Annex.  

Article 3 lays down that the decision will be equally authentic in all the official languages. 

Article 4 lays down provisions regarding the entry into force and the provisional application 
of the decision. 

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Annex: Revised Annex III 

SECTION A:  ACTS REFERRED TO 

1. 

a) With regard to Directive 2005/36/EC: 

Directive  2005/36/EC  recast  the  EU  framework  for  the  recognition  of  professional 
qualifications.  It  repealed  with  effect  from  20  October  2007  all  the  previous  existing 
Directives  in  this  area:  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,  89/48/EEC,  92/51/EEC,  93/16/EEC  and  1999/42/EC.  Accordingly,  Annex  III 
has to be updated in this respect. 

b) With regard to the amendments to Directive 2005/36/EC for the purposes of the agreement: 

Directive 2005/36/EC provides for the possibility to change its annexes in accordance with a 
comitology  procedure.  The  annexes  contain  lists  of  diplomas  benefiting  from  automatic 
recognition, training courses to which special rules apply and minimum training requirements 
as  well  as  requirements  of  knowledge  and  skills  of  doctors,  nurses  responsible  for  general 
care,  dental  practitioners,  veterinary  surgeons,  midwives,  pharmacists  and  architects.  The 
conditions for the changes in question are laid down in several Articles of the Directive which 
are listed in Section A and which refer to the procedures and the Committee provided for in 
Article  58  of  the  Directive.  As  Switzerland  is  not  represented  in  this  Committee  it  is  laid 
down that the Articles in question do not apply between the Contracting Parties. For the same 
reason  it  is  provided  for  that  Article  61  does  not  apply  between  the  Contracting  Parties. 
Pursuant  to  that  Article,  the  above-mentioned  Committee  is  involved  in  the  Commission's 
decisions  to  permit  Member  States  under  specific  conditions  to  derogate  from  the  Directive 
for a limited period.  

c) With regard to the text to be added to Annex II point 1: 

This text lists five Swiss training courses in the area of paramedical and childcare training and 
gives a short description of them. They need to be added to Annex II point 1 in order to be 
recognized as "training with a special structure" within the meaning of Article 11 of Directive 
2005/36/EC. Such training is privileged in the recognition procedure in as far as it is deemed 
to have a certain level within the system of Article 11. 

d) With regard to the text to be added to Annex II point 4: 

This text lists two Swiss training courses in the technical sector and gives a short description 
of them. They need to be added to Annex II point 4 in order to be recognized as "training with 
a special structure" within the meaning of Article 11 of Directive 2005/36/EC. Such training 
is  privileged  in  the  recognition  procedure  in  as  far  as  it  is  deemed  to  have  a  certain  level 
within the system of Article 11. 

e) to o) With regard to the text to be added to Annex V: 

Section  A  e)  –  o)  refers  to  Swiss  qualifications  of  doctors,  specialised  doctors,  titles  of 
training courses in specialised medicine, qualifications of nurses responsible for general care, 

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dental  practitioners,  specialised  dentists,  veterinary  surgeons,  midwives,  pharmacists  and 
architects. They need to be added to Annex V in order to be automatically recognized by all 
Member States. 

p) With regard to the text to be added to Annex VI: 

This text lists qualifications in architecture. They need to be added to Annex VI in order to 
benefit from acquired rights under the Directive. 

2. and 3.  

With regard to Directives 77/249/EEC and 98/5/EC 

For  the  purpose  of  the  agreement,  the  two  Directives  concerning  provision  of  services  and 
establishment  of  lawyers  are  amended  by  adding  the  Swiss  professional  titles  for  the 
profession  of  lawyer  to  the  respective  Articles  of  these  Directives.  These  amendments  are 
necessary because they allow the Swiss titles to benefit from the Directives in question. 

4 and 5.  

With regard to Directives 74/556/EEC and 74/557/EEC: 

For  the  purpose  of  the  agreement,  the  two  Directives  concerning  activities,  trade  in  and 
distribution of toxic products are amended in order to extend their scope to Switzerland. 

6. With regard to Directive 86/653/EEC 

For the purpose of the agreement, this Directive concerning self-employed commercial agents 
is amended in order to take into account that Switzerland is not a Member State of the EU. 

SECTION B:  ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE 

This  section  contains  a  Commission  Recommendation  concerning  the  training  of  health 
personnel in the matter of cancer. 

Annex B: Declaration. 

3. 

BUDGETARY IMPLICATION 

The proposal does not have implications for the EU’s budget. 

4. 

OPTIONAL ELEMENTS   

In  the  years  2007,  2008,  2009  and  2010,  the  Swiss  requests  were  examined  by  the 
Commission services  and discussed  at a technical  level with  Member States’ experts within 
the  Committee  or  at  the  Coordinators  Group  established  by  Directive  2005/36/EC.  These 
requests,  fulfilling  the  conditions  under  Directive  2005/36/EC,  have  been  considered  to  be 
acceptable. 

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2011/0143 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the Union in the Joint Committee established 
by the Agreement of 21 June 1999 between the European Community and its Member 
States, of the one part, and the Swiss Confederation, of the other part, on the free 
movement of persons as regards the replacement of Annex III on the mutual recognition 
of professional qualifications 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 218(9) in conjunction with Article 46, 53 and 62 thereof, 

Having regard to Decision 2002/309/EC, Euratom of the Council, and of the Commission as 
regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the 
conclusion  of  seven  agreements  with  the  Swiss  Confederation1,  and  in  particular  Article  2 
thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

The Agreement between the European Community and its Member States, of the one 
part, and the Swiss Confederation, of the other part, on the Free Movement of Persons 
(hereinafter referred to as 'the Agreement') entered into force on 1 June 2002. 

Article  18  of  the  Agreement  provides  that  the  Joint  Committee  may,  by  decision, 
adopt amendments to the Agreement, inter alia to Annex III to the Agreement, dealing 
with the mutual recognition of professional qualifications. 

In order to preserve a coherent and correct application of EU legislation and to avoid 
administrative and possibly legal difficulties, Annex III to the Agreement needs to be 
amended to integrate new  EU  legislation to which the  Agreement  does not currently 
refer. 

(4) 

In the interests of clarity and rationality, Annex III should be consolidated,  

1 

OJ L 114, 30.4.2002, p. 1. 

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HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken by the Union in the Joint Committee established under Article 14 of 
the Agreement between the European Community and its Member States, of the one part, and 
the Swiss Confederation, of the other, on the Free Movement of Persons shall be based on the 
draft Decision of the Joint Committee set out in Annex A to this Decision. 

Article 2 

The Declaration set out in Annex B to this Decision is hereby approved and shall be made on 
behalf  of  the  Union  in  the  Joint  Committee  when  the  Joint  Committee  adopts  its  Decision 
referred to in Article 1. 

Article 3 

The  Decision  of  the  Joint  Committee  and  the  Declaration  referred  to  in  Articles  1  and  2 
respectively shall be published in the Official Journal of the European Union. 

Done at Brussels, 

For the Council 
The President 

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ANNEX A 

Draft 

DECISION No …/2011 OF THE EU-SWISS JOINT COMMITTEE ON THE FREE 
MOVEMENT OF PERSONS 

replacing Annex III on the mutual recognition of professional qualifications 

of …….. 2011 

THE JOINT COMMITTEE, 

Having regard to the Agreement of 21 June 1999 between the European Community and its 
Member  States,  of  the  one  part,  and  the  Swiss  Confederation,  of  the  other,  on  the  free 
movement of persons (hereinafter referred to as ‘the Agreement’), and in particular Articles 
14 and 18 thereof, 

Having  regard  to  Protocol  of  27  May  2008  to  the  Agreement  between  the  European 
Community and its Member States, of the one part, and the Swiss Confederation, of the other, 
on  the  free  movement  of  persons  regarding  the  participation,  as  contracting  parties,  of  the 
Republic of Bulgaria and Romania, and in particular Article 4(2) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The Agreement was signed on 21 June 1999 and entered into force on 1 June 2002. 

Annex III was last amended by Decision 1/20042 of the EU-Swiss Joint Committee of 
30  April  2004  and  should  be  updated  to  take  account  of  the  new  legal  acts  of  the 
European  Union  that  have  been  adopted  since  2004,  in  particular  Directive 
2005/36/EC3 of the European Parliament and of the Council of 7 September 2005. 

Annex III should be adapted to the accessions to the European Union that took place 
on 1 January 2007. 

In the interest of clarity and rationality, Annex III should be consolidated in a legally 
binding version. 

Switzerland  will,  in  accordance  with  Council  Directive  93/16/EEC  and  Directive 
2005/36/EC,  provide  for  a  single  professional  qualification  and  a  single  professional 
title  for  general  practitioners  which  will  be  the  same  for  all  general  practitioners 
(already exercising and future general practitioners). 

(6) 

Considering that an effective application of Directive 2005/36/EC between the Parties 
must be ensured, the Commission will continue to cooperate closely with Switzerland 

2 
3 

OJ L 352, 27.11.2004, p. 129. 
OJ L 255, 30.9.2005, p. 22. 

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and  in  particular  will  continue  to  provide  for  an  appropriate  consultation  of  Swiss 
experts. 

HAS ADOPTED THIS DECISION: 

Article 1 

Annex III to the Agreement on the mutual recognition of professional qualifications shall be 
replaced by the text in the Annex to this Decision. 

Article 2 

Switzerland  shall  apply  without  restrictions  the  acquired  rights  of  Directive  2005/36/EC 
according to the conditions set out in this Decision and its Annex.  

Article 3 

This  Decision  is  established  in  the  Bulgarian,  Czech,  Danish,  Dutch,  English,  Estonian, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, the texts in each 
of these languages being equally authentic. 

Article 4 

This Decision shall enter into force on the day following the date of notification of completion 
by the Swiss Confederation of its internal procedures for the transposition into national law of 
of Directive 2005/36/EC. 

It  shall  be  applied  on  a  provisional  basis  from  the  first  day  of  the  second  month  after  its 
adoption, with the exception of Title II of Directive 2005/36/EC which shall apply from the 
date of entry into force of the Decision. 

In  the  event  that the  notification  referred  to  by  the  first  paragraph  has  not  been  made  by 31 
October 2012, this Decision shall lapse. 

Done at Brussels, …. …….. 2011 

For the Joint Committee 

The Chairman 
The Secretaries 

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ANNEX 

'Annex III 

Mutual Recognition of Professional Qualifications 

(Diplomas, certificates and other evidence of formal qualifications) 

1. 

2. 

3. 

The Contracting Parties agree to apply amongst themselves, in the field of the mutual 
recognition  of  professional  qualifications,  the  acts  and  communications  of  the 
European Union to which reference is made under Section A of this present Annex, 
in accordance with the scope of the Agreement. 

Unless  otherwise  specified,  the  term  "Member  State(s)"  in  the  acts  to  which 
reference is made in Section A of this Annex is considered to apply to Switzerland in 
addition to the states covered by the acts of the European Union in question. 

For the purposes of applying the present annex, the contracting parties take note of 
the  acts  of  the  European  Union  to  which  reference  is  made  in  Section  B  of  this 
annex. 

SECTION A: ACTS REFERRED TO 

1a. 

32005 L 0036 Directive 2005/36/EC of the European Parliament and of the Council 
of  7  September  2005  on  the  recognition  of  professional  qualifications  (OJ  L  255, 
30.9.2005, p. 22),  

as amended by: 

•  Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives 
in  the  field  of  freedom  of  movement  of  persons,  by  reason  of  the  accession  of 
Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141), 

•  Commission  Regulation  (EC)  No  1430/2007  of  5  December  2007  amending 
Annexes II and III to Directive 2005/36/EC of the European Parliament and of the 
Council on the recognition of professional qualifications (OJ L 320, 6.12.2007, p. 
3), 

•  Commission Regulation (EC) No 755/2008 of 31 July 2008 amending Annex II to 
Directive  2005/36/EC  of  the  European  Parliament  and  of  the  Council  on  the 
recognition of professional qualifications (OJ L 205, 1.8.2008, p. 10), 

•  Commission Regulation (EC) No 279/2009 of 6 April 2009 amending Annex II to 
Directive  2005/36/EC  of  the  European  Parliament  and  of  the  Council  on  the 
recognition of professional qualifications (OJ L 93, 7.4.2009, p. 11), 

•  Notification  of  Titles  of  Qualification  in  Architecture (OJ  C  332,  30.12.2006,  p. 

35), 

•  Notification of Titles of Qualification in Architecture (OJ C 148, 24.6.2006, p. 34) 

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•  Notification of Titles of qualification in architecture (OJ C 3, 6.1.2006, p. 12) 

•  Communication  from  the  Commission  —  Notification  of  evidence  of  formal 

qualification s of practitioners of dentistry (OJ C 165, 19.07.2007, p. 18), 

•  Communication  from  the  Commission  —  Notification  of  evidence  of  formal 
Qualifications  of  specialised  doctors  and  general  practitioners  (OJ  C  165, 
19.7.2007, p. 13), 

•  Communication  from  the  Commission  —  Notification  of  evidence  of  formal 
qualifications  of  specialised  doctors,  nurses  responsible  for  general  care, 
specialised dental practitioners, midwives and architects (OJ C 137, 4.6.2008, p. 
8), 

•  Communication — Notification of evidence of formal qualifications — Directive 
2005/36/EC  on  the  recognition  of  professional  qualifications  (Annex  V)  (OJ  C 
322, 17.12.2008, p. 3), 

•  Communication  from  the  Commission  —  Notification  of  the  professional 
associations or organisations fulfilling the conditions of Article 3(2) listed under 
Annex I to Directive 2005/36/EC (OJ C 111, 15.5.2009, p. 1), 

•  Communication  from  the  Commission  —  Notification  of  evidence  of  formal 
qualifications  —  Directive  2005/36/EC  on  the  recognition  of  professional 
qualifications (Annex V) (OJ C 114, 19.5.2009, p. 1), 

•  Communication  from  the  Commission  —  Notification  of  evidence  of  formal 
qualifications  —  Directive  2005/36/EC  on  the  recognition  of  professional 
qualifications (Annex V) (OJ C 279, 19.11.2009, p. 1), 

•  Communication  from  the  Commission  —  Notification  of  evidence  of  formal 
recognition  of  professional 

qualifications  —  Directive  2005/36/EC  on 
qualifications (Annex V) (OJ C 129, 19.5.2010, p. 3), 

•  Corrigendum  to  Directive  2005/36/EC  of  the  European  Parliament  and  of  the 
Council of 7 September 2005 on the recognition of professional qualifications (OJ 
L 271, 16.10.2007, p. 18), 

•  Corrigendum  to  Directive  2005/36/EC  of  the  European  Parliament  and  of  the 
Council of 7 September 2005 on the recognition of professional qualifications (OJ 
L 93, 4.4.2008, p. 28). 

b. 

For the purposes of the present Agreement, Directive 2005/36/EC shall be adapted as 
follows: 

1. 

The  procedures  laid  down  in  the  following  Articles  of  the  Directive  shall  not 
apply between the Contracting Parties: 

•  Article 3 paragraph 2, third subparagraph – procedure for the update of Annex I to 

the Directive, 

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•  Article  11  (c)  ii  last  sentence  –  procedure  for  the  update  of  Annex  II  to  the 

Directive, 

•  Article 13 paragraph 2 third subparagraph – procedure for the update of Annex III 

to the Directive, 

•  Article 14 paragraph 2, second and third subparagraph – procedure in the case of a 
derogation  to  the  migrant's  choice  between  an  adaptation  period  and  an  aptitude 
test, 

•  Article 15 paragraph 2 and paragraph 5 – procedure to adopt or revoke common 

platforms, 

•  Article 20 – procedure to amend Annex IV to the Directive, 

•  Article  21  paragraph  6,  second  subparagraph  –  procedure  to  update  knowledge 

and skills, 

•  Article 21 paragraph 7 – procedure to update Annex V to the Directive, 

•  Article 25 paragraph 5 – procedure to update the minimum periods of training for 

specialised doctors, 

•  Article 26 subparagraph 2 – procedure for inserting new medical specialties, 

•  Article  31  paragraph  2,  subparagraph  2  –  procedure  to  update  the  training  of 

nurses responsible for general care, 

•  Article  34  paragraph  2,  subparagraph  2  –  procedure  to  update  the  training  of 

dental practitioners, 

•  Article  35  paragraph  2  subparagraph  3  –  procedure  to  update  the  minimum 

periods of training for specialised dentists, 

•  Article  38  paragraph  1,  subparagraph  2  –  procedure  to  update  the  training  of 

veterinary surgeons, 

•  Article  40  paragraph  1  subparagraph  3  –  procedure  to  update  the  training  of 

midwives, 

•  Article  44  paragraph  2,  subparagraph  2  –  procedure  to  update  the  training  of 

pharmacists, 

•  Article 46 paragraph 2 – procedure to update knowledge and skills in the case of 

architects 

•  Article 61 – derogation clause. 

2.  Article 56 paragraphs 3 and 4 shall be implemented as follows:  

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The  information  of  Member  States  on  the  competent  authorities  and  on  the 
coordinator designated by Switzerland is done by the Commission, once Switzerland 
has informed the Commission with copy to the Joint Committee. 

3.  Article 57, last subparagraph, shall be implemented as follows: 

The coordinator designated by Switzerland informs the Commission with copy to the 
Joint Committee. 

4.  Article  63  shall  not  apply.  However,  the  Swiss  coordinator  designated  by 
Switzerland in conformity with Article 56 of Directive 2005/36/EC informs the 
Commission with copy to the Joint Committee of the legislation adopted on the 
basis of the Act and communications referred to under point 1 a.5.  Articles  58 
and 64 shall not apply. 

c. 

The following text shall be added to Annex II point 1: 

in Switzerland: 

•  Opticien diplômé, diplomierter Augenoptiker, ottico diplomato (Optometrist with 

Federal Diploma of Higher Vocational Education and Training) 

Requires a minimum of 17 years education, consisting of at least nine years basic 
education,  four  years  vocational  education  and  training  provided  partly  in  the 
workplace  and  partly  by  a  professional  institution,  followed  by  a  four-year 
apprenticeship or work placement, of which two years can be spent following full-
time private education, and finally a higher vocational examination. This entitles 
the holder to adapt contact lenses or carry out eye tests either independently or in 
an employed capacity. 

•  Audioprothésiste avec brevet fédéral, Hörgeräte-Akustiker mit eidg. Fachausweis, 
audioprotesista  con  attestato  professionale  federale  (Dispenser  of  hearing  aids 
with Advanced Federal Certificate of Higher Vocational Education and Training)

Requires a minimum of 15 years education, consisting of at least nine years basic 
education,  a  minimum  of  three  years  vocational education and training provided 
partly  in  the  workplace  and  partly  by  a  professional  institution,  followed  by  a 
three-year  apprenticeship  or  work  placement,  including  private  education,  and 
finally a vocational examination. This entitled the holder to pursue this profession 
either independently or in an employed capacity. 

•  Bottier-orthopédiste  diplômé,  diplomierter  Orthopädie-Schuhmacher,  calzolaio 
ortopedico  diplomato  (Orthopaedic  footwear  maker  with  Federal  Diploma  of 
Higher Vocational Education and Training) 

Requires a minimum of 17 years education, consisting of at least nine years basic 
education,  four  years  vocational  education  and  training  provided  partly  in  the 
workplace  and  partly  by  a  professional  institution,  followed  by  a  four-year 
apprenticeship  or  work  placement,  including  private  education,  and  finally  a 
higher  vocational  examination.  This  entitles  the  holder  to  pursue  this  profession 
either independently or in an employed capacity. 

EN 

12 

   EN 

 
 
 
 
 
 
 
•  Technicien dentiste, maître, Zahntechikermeister, odontotecnico, maestro (Dental 
Technician with Federal Diploma of Higher Vocational Education and Training)

Requires a minimum of 18 years education, consisting of at least nine years basic 
education,  four  years  vocational  education  and  training  provided  partly  in  the 
workplace  and  partly  by  a  professional  institution,  followed  by  a  five-year 
apprenticeship  or  work  placement,  including  private  education,  and  finally  a 
higher  vocational  examination.  This  entitles  the  holder  to  pursue  this  profession 
either independently or in an employed capacity. 

•  Orthopédiste diplômé, diplomierter Orthopädist/Bandagist, ortopedista diplomato 
((Prosthetist  with  Advanced  Federal  Certificate  of  Higher  Vocational  Education 
and Training) 

Requires a minimum of 18 years education, consisting of at least nine years basic 
education,  four  years  vocational  education  and  training  provided  partly  in  the 
workplace  and  partly  by  a  professional  institution,  followed  by  a  five-year 
apprenticeship  or  work  placement,  including  private  education,  and  finally  a 
higher  vocational  examination.  This  entitles  the  holder  to  pursue  this  profession 
either independently or in an employed capacity. 

d. 

The following text shall be added to Annex II point 4: 

in Switzerland: 

•  Guide de montagne avec brevet fédéral, Bergführer mit eifg. Fachausweis, guida 
alpina  con  attestato  professionale  federale  (Mountain  Guide  with  Advanced 
Federal Certificate of Higher Vocational Education and Training) 

Requires a minimum of 13 years education, consisting of at least nine years basic 
education,  four  years  vocational  training  under  the  supervision  of  a  qualified 
professional,  including  private  education,  and  finally  a  vocational  examination. 
This entitles the holder to pursue this profession independently. 

•  Professeur  de  sports  de  neige  avec  brevet  fédéral,  Schneesportlehrer  mit  eidg. 
Fachausweis,  Maestro  di  sport  sulla  neve  con  attestato  professionale  fédérale 
(Snow  Sport  Teacher  with  Advanced  Federal  Certificate  of  higher  Vocational 
Education and Training)   

Requires a minimum of 15 years education, consisting of at least nine years basic 
education,  four  years  vocational  education  and  training  provided  partly  in  the 
workplace and partly by a professional institution or a professional experience of 
four  years,  followed  by  a  two-years  education  and  experience  as  apprenticeship, 
and  finally  a  vocational  examination.  This  entitles  the  holder  to  pursue  this 
profession independently. 

e. 

The following text shall be added to Annex V.1.1: 

Country 

Evidence of 
formal 
qualifications 

Body awarding 
the 
qualifications 

Certificate 
accompanying 
the 

Reference date

EN 

13 

   EN 

 
 
 
 
 
 
 
 
qualifications 

1 June 2002 

Switzerland  Eidgenössisches 

Arztdiplom 
Diplôme fédéral 
de médecin 
Diploma 
federale di 
medico 

Eidgenössisches 
Departement des 
Innern 
Département 
fédéral de 
l'intérieur  
Dipartimento 
federale 
dell'interno 

f. 

The following text shall be added to Annex V.1.2: 

Country 

Switzerland 

Evidence of 
formal 
qualifications 

Diplom als 
Facharzt  
Diplôme de 
médecin 
spécialiste  
Diploma di 
medico specialista 

Body awarding the 
qualifications 

Reference date 

1 June 2002 

Eidgenössisches 
Departement des 
Innern und 
Verbindung der 
Schweizer Ärztinnen 
und Ärzte  
Département fédéral 
de l'intérieur et 
Fédération des 
médecins suisses 
Dipartimento federale 
dell'interno e 
Federazione dei 
medici svizzeri 

g. 

The following text shall be added to Annex V.1.3: 

Country 

Title 

Anaesthetics 

Switzerland 

Minimum period of training: 3 years 

Anästhesiologie 
Anesthésiologie 
Anestesiologia 

Country 

Title of diploma 

General surgery 

Minimum period of training: 5 years 

Switzerland 

Chirurgie 
Chirurgie 
Chirurgia 

EN 

14 

   EN 

 
 
 
 
 
 
 
 
Country 

Title  

Neurological surgery 
Minimum period of training: 5 years 

Switzerland 

Neurochirurgie 
Neurochirurgie 
Neurochirurgia 

Country 

Title  

Obstetrics and Gynaecology 
Minimum period of training: 4 years 

Switzerland 

Gynäkologie und Geburtshilfe 
Gynécologie et obstétrique 
Ginecologia e ostetricia 

Country 

Title  

General (internal) medicine 
Minimum period of training: 5 years 

Switzerland 

Innere Medizin 
Médecine interne 
Medicina interna 

Country 

Title  

Ophthalmology 
Minimum period of training: 3 years 

Switzerland 

Ophthalmologie 
Ophtalmologie 
Oftalmologia 

Country 

Title  

Otorhinolaryngology 
Minimum period of training: 3 years 

Switzerland 

Oto-Rhino-Laryngologie 
Oto-rhino-laryngologie 
Otorinolaringoiatria 

Country 

Title  

EN 

15 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Paediatrics 
Minimum period of training: 4 years 

Switzerland 

Kinder- und Jugendmedizin 
Pédiatrie 
Pediatria 

Country 

Title  

Respiratory Medicine  
Minimum period of training: 4 years 

Switzerland 

Pneumologie 
Pneumologie 
Pneumologia 

Country 

Title  

Urology 
Minimum period of training: 5 years 

Switzerland 

Urologie 
Urologie 
Urologia 

Country 

Title  

Switzerland 

Orthopaedics 
Minimum period of training: 5 years 

Orthopädische Chirurgie und Traumatologie des 
Bewegungsapparates  
Chirurgie orthopédique et traumatologie de l’appareil 
locomoteur 
Chirurgia ortopedica e traumatologia del sistema motorio 

Country 

Title  

Pathological anatomy 
Minimum period of training: 4 years 

Switzerland 

Pathologie 
Pathologie 
Patologia 

Country 

Title  

Neurology 
Minimum period of training: 4 years 

EN 

16 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Switzerland 

Neurologie 
Neurologie 
Neurologia 

Country 

Title  

Psychiatry 
Minimum period of training: 4 years 

Switzerland 

Psychiatrie und Psychotherapie 
Psychiatrie et psychothérapie 
Psichiatria e psicoterapia 

Country 

Title  

Diagnostic radiology 
Minimum period of training: 4 years 

Switzerland 

Radiologie 
Radiologie 
Radiologia 

Country 

Title  

Radiotherapy 
Minimum period of training: 4 years 

Switzerland 

Radio-Onkologie/Strahlentherapie 
Radio-oncologie/radiothérapie 
Radio-oncologia/radioterapia 

Country 

Title  

Switzerland 

Plastic surgery 
Minimum period of training: 5 years 
Plastische, Rekonstruktive und Ästhetische Chirurgie 
Chirurgie plastique, reconstructive et esthétique 
Chirurgia plastica, ricostruttiva ed estetica 

Country 

Title  

Switzerland 

Thoracic surgery 
Minimum period of training: 5 years 

Herz- und thorakale Gefässchirurgie 
Chirurgie cardiaque et vasculaire thoracique 
Chirurgia del cuore e dei vasi toracici 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country 

Title  

Paediatric surgery 
Minimum period of training: 5 years 

Switzerland 

Kinderchirurgie 
Chirurgie pédiatrique 
Chirurgia pediatrica 

Country 

Title  

Cardiology 
Minimum period of training: 4 years 

Switzerland 

Kardiologie 
Cardiologie 
Cardiologia 

Country 

Title  

Gastroenterology 
Minimum period of training: 4 years 

Switzerland 

Gastroenterologie 
Gastroentérologie 
Gastroenterologia 

Country 

Title  

Rheumatology 
Minimum period of training: 4 years 

Switzerland 

Rheumatologie 
Rhumatologie 
Reumatologia 

Country 

Title  

General Haematology 
Minimum period of training: 3 years 

Switzerland 

Hämatologie 
Hématologie 
Ematologia 

Country 

Title  

Endocrinology 
Minimum period of training: 3 years 

EN 

18 

   EN 

 
 
 
 
 
 
 
 
Switzerland 

Endokrinologie-Diabetologie 
Endocrinologie-diabétologie 
Endocrinologia-diabetologia 

Country 

Title  

Switzerland 

Physiotherapy 
Minimum period of training: 3 years 

Physikalische Medizin und Rehabilitation 
Médecine physique et réadaptation 
Medicina fisica e riabilitazione 

Country 

Title  

Dermato-venereology 
Minimum period of training: 3 years 

Switzerland 

Dermatologie und Venerologie 
Dermatologie et vénéréologie 
Dermatologia e venerologia 

Country 

Title  

Switzerland 

Tropical medicine 
Minimum period of training: 4 years 

Tropen- und Reisemedizin 
Médecine tropicale et médecine des voyages 
Medicina tropicale e medicina di viaggio 

Country 

Title  

Switzerland 

Child psychiatry 
Minimum period of training: 4 years 
Kinder - und Jugendpsychiatrie und –psychotherapie 
Psychiatrie et psychothérapie d’enfants et d’adolescents 
Psichiatria e psicoterapia infantile e dell’adolescenza 

Country 

Title  

Renal diseases 
Minimum period of training: 4 years 

Switzerland 

Nephrologie 
Néphrologie 
Nefralogia 

EN 

19 

   EN 

 
 
 
 
 
 
 
Country 

Title  

Communicable diseases 
Minimum period of training: 4 years 

Switzerland 

Infektiologie 
Infectiologie 
Malattie infettive 

Country 

Title  

Community medicine 
Minimum period of training: 4 years 

Switzerland 

Prävention und Gesundheitswesen 
Prévention et santé publique 
Prevenzione e salute pubblica 

Country 

Title  

Switzerland 

Pharmacology 
Minimum period of training: 4 years 

Klinische Pharmakologie und Toxikologie 
Pharmacologie et toxicologie cliniques 
Farmacologia e tossicologia cliniche 

Country 

Title  

Occupational medicine 
Minimum period of training: 4 years 

Switzerland 

Arbeitsmedizin 
Médecine du travail 
Medicina del lavoro 

Country 

Title  

Allergology 
Minimum period of training: 3 years 

Switzerland 

Allergologie und klinische Immunologie 
Allergologie et immunologie clinique 
Allergologia e immunologia clinica 

Country 

Title  

Nuclear medicine 
Minimum period of training: 4 years 

EN 

20 

   EN 

 
 
 
 
 
 
Switzerland 

Nuklearmedizin 
Médecine nucléaire 
Medicina nucleare 

Country 

Title of diploma 

Dental, oral and maxillo-facial surgery (basic medical and dental training) 
Minimum period of training: 4 years 

Switzerland 

Mund-, Kiefer- und Gesichtschirurgie  
Chirurgie orale et maxillo-faciale 
Chirurgia oro-maxillo-facciale 

h. 

The following text shall be added to Annex V.1.4: 

Professional title 

Reference date 

Médecin praticien 

1 June 2002 

Praktischer Arzt 

Medico generico 

Country 

Switzerland 

Evidence of 
formal 
qualifications 

Diplom als 
praktischer 
Arzt/praktische 
Ärztin 

Diplôme de 
médecin praticien 

Diploma di 
medico generico 

i. 

The following text shall be added to Annex V.2.2: 

Country 

Switzerland 

Professional 
title 

Reference 
date 

Pflegefachfrau, 
Pflegefachmann 

1 June 
2002 

Infirmière, 
infirmier 

Infermiera, 
infermiere 

Evidence of 
formal 
qualifications 

Body awarding the 
evidence of 
qualifications 

1. Diplomierte 
Pflegefachfrau, 
diplomierter 
Pflegefachmann

Schulen, die 
staatlich anerkannte 
Bildungsgänge 
durchführen 

Infirmière 
diplômée et 
infirmier 
diplômé  

Infermiera 
diplomata e 
infermiere di-
plomato 

Ecoles qui 
proposent des 
filières de 
formation 
reconnues par l'État

Scuole che 
propongono dei 
cicli di formazione 
riconosciuti dallo 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
[date of 
decision of 
Joint 
Committee
] 

Pflegefachfrau, 
Pflegefachmann 

Infirmière, 
infirmier 

Infermiera, 
infermiere 

Stato 

2.  Bachelor  of 
Science 
in 
nursing 

Schulen, die 
staatlich anerkannte 
Bildungsgänge 
durchführen 

Ecoles qui 
proposent des 
filières de 
formation 
reconnues par l' 
État 

Scuole che 
propongono dei 
cicli di formazione 
riconosciuti dallo 
Stato 

j. 

The following text shall be added to Annex V.3.2: 

Country 

Evidence of 
formal 
qualificatio
ns 

Body awarding 
the evidence of 
qualifications 

Certificate 
accompanying 
the evidence of 
qualifications 

Switzerland  Eidgenössis

ches 
Zahnarztdip
lom 

Diplôme 
fédéral de 
médecin-
dentiste 

Diploma 
federale di 
medico-
dentista 

Eidgenössisches 
Departement des 
Innern 

Département 
fédéral 
l’intérieur 

de 

Dipartimento 
federale 
dell’interno 

Professional 
title 

Reference 
date 

Zahnarzt 

1 June 2002 

Médecin-
dentiste 

Medico-
dentista 

k. 

The following text shall be added to Annex V.3.3: 

Orthodontics 

Country 

Evidence of formal 
qualifications 

Switzerland 

Diplom für 
Kieferorthopädie 

Body awarding the 
evidence of 
qualifications 

Eidgenössisches 
Departement des 

Reference date 

1 June 2002 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
Diplôme fédéral 
d’orthodontiste 

Diploma di 
ortodontista 

Innern und 
Schweizerische 
Zahnärzte-
Gesellschaft  

Département fédéral 
de l’intérieur et 
Société Suisse 
d’Odonto-
stomatologie  

Dipartimento federale 
dell’interno e Società 
Svizzera di 
Odontologia e 
Stomatologia 

Oral surgery 

Country 

Evidence of formal 
qualifications 

Switzerland 

Diplom für Oralchir

Diplôme fédéral de 
chirurgie orale 

Diploma di 
chirurgia orale 

Body awarding the 
evidence of 
qualifications 
Eidgenössisches Depar
des Innern und Schweiz
Zahnärzte-Gesellschaft
Département fédéral de
l’intérieur et Société Su
d’Odonto-stomatologie

Reference date 

30 April 2004 

Dipartimento federale 
dell’interno e Società 
Svizzera di 
Odontologia e 
Stomatologia 

l. 

The following text shall be added to Annex V.4.2: 

Country 

Evidence of 
formal 
qualifications 

Body awarding 
the evidence of 
qualifications 

Reference date 

Certificate 
accompanying 
the evidence of 
qualifications 

Switzerland  Eidgenössisches 

Tierarztdiplom 

Diplôme  fédéral 
de vétérinaire 

Diploma  federale 
di veterinario 

Eidgenössisches 
Departement  des 
Innern 

Département 
fédéral 
l’intérieur 

de 

23 

EN 

1 June 2002 

   EN 

 
 
 
 
 
 
Dipartimento 
federale 
dell’interno 

m. 

The following text shall be added to Annex V.5.2: 

Country 

Evidence of 
formal 
qualifications 

Body awarding the 
evidence of 
qualifications 

Professional 
title 

Reference date 

Hebamme 

1 June 2002 

Sage-femme 

Levatrice 

Switzerland  Diplomierte 

Hebamme 

Sage-femme 
diplômée  

Levatrice 
diplomata 

Schulen, die 
staatlich 
anerkannte 
Bildungsgänge 
durchführen 

Ecoles qui 
proposent des 
filières de 
formation 
reconnues par l' 
État 

Scuole che 
propongono dei 
cicli di formazione 
riconosciuti dallo 
Stato 

n. 

The following text shall be added to Annex V.6.2: 

Country 

Evidence of forma
qualifications 

Body awarding the 
evidence of 
qualifications 

Certificate 
accompanying th
evidence of 
qualifications 

Reference date 

1 June 2002 

Switzerland  Eidgenössisches 
Apothekerdiplom 
Diplôme  fédéral 
de pharmacien 

Eidgenössisches 
Departement des 
Innern 

Diploma  federale 
di farmacista 

Département 
fédéral de 
l’intérieur 

Dipartimento 
federale 
dell’interno 

o. 

The following text shall be added to Annex V.7.1: 

Country 

Evidence of 

Body awarding  Certificate 

Reference 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
formal 
qualifications 

the evidence of 
qualifications 

accompanying 
the evidence of 
qualifications 

academic year 

1996-1997 

- 

2007-2008 

Switzerland  Diploma di 
architettura 
(Arch. Dipl. USI)

Master of Arts 
BFH / HES-SO 
en architecture, 
Master of Arts 
BFH / HES-SO 
in Architecture 

Master of Arts 
BFH / HES-SO 
in Architektur, 
Master of Arts 
BFH / HES-SO 
in Architecture 

Accademia di 
Architettura 
dell'Università 
della Svizzera 
Italiana 
Haute école 
spécialisée de 
Suisse 
occidentale 
(HES-SO) 
together with 
Berner 
Fachhochschule 
(BFH) 
Haute école 
spécialisée de 
Suisse 
occidentale 
(HES-SO) 
together with 
Berner 
Fachhochschule 
(BFH) 

- 

- 

- 

Master of Arts 
FHNW in 
Architektur 

Fachhochschule 
Nordwestschweiz 
FHNW 

Master of Arts 
FHZ in 
Architektur 

Fachhochschule 
Zentralschweiz 
(FHZ) 

Master of Arts 
ZFH in 
Architektur 

“Master of 
Science MSc in 

Zürcher 
Fachhochschule 
(ZFH), Zürcher 
Hochschule für 
Angewandte 
Wissenschaften 
(ZHAW), 
Departement 
Architektur, 
Gestaltung und 
Bauingenieurwes
en 
 Ecole 
Polytechnique 

25 

EN 

2007-2008 

2007-2008 

2007-2008 

2007-2008 

2007-2008 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Architecture”,  
“Architecte 
(arch. dipl. EPF)”
Master of 
Science ETH in 
Architektur”, 
“MSc ETH 
Arch” 

Fédérale 
deLausanne 

 Eidgenössische 
Technische 
Hochschule 
Zurich 

2007-2008 

p. 

The following text is added to Annex VI: 

Country 

Switzerland 

Evidence of formal 
qualifications 

1. Dipl. Arch. ETH, 
arch. dipl. EPF, 
arch. dipl. PF 
2. Architecte diplômé EAUG 

3. Architekt REG A 
Architecte REG A 
Architetto REG A 

Reference academic year 

2004/2005 

2004/2005 

2004/2005 

2a. 

377  L  0249:  Council  Directive  77/249/EEC  of  22  March  1977  to  facilitate  the 
effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 
17), 

as amended by: 

•  1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the 
European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, 
p. 91), 

•  1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and 
the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 
160), 

•  95/1/EC,  Euratom, ECSC, adjusting the  instruments concerning  the accession of 

new Member States to the European Union (OJ L 1, 01.01.1995, p. 1), 

•  Treaty of Accession and Act concerning the conditions of Accession of the Czech 
Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, 
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 
Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 
23.09.2003, p. 17 and p. 33), 

•  Council directive 2006/100/EC of 20 November 2006 adapting certain Directives 
in  the  field  of  freedom  of  movement  of  persons,  by  reason  of  the  accession  of 
Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141). 

b. 

For the purposes of the present agreement, the Directive shall be adapted as follows: 

1. The following text shall be added to Article 1(2): 

EN 

26 

   EN 

 
 
 
 
 
Switzerland: 

Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech 

Avocat 

Avvocato. 

2.  Article  8  shall  not  apply.  However,  the  Swiss  coordinator  designated  by 
Switzerland  in  conformity  with  Article  56  of  Directive  2005/36/EC  informs  the 
Commission with copy to the Joint Committee of the legislation adopted on the basis 
of the Act referred to under point 2a.  

3a. 

398 L 0005: Directive 98/5/EC of the European Parliament and of the Council of 16 
February 1998 to facilitate practice of the profession of lawyer on a permanent basis 
in a Member State other than that in which the qualification was obtained (OJ L 77, 
14.3.1998, p. 36), 

as amended by: 

•  Treaty of Accession and Act concerning the conditions of Accession of the Czech 
Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, 
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 
Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 
23.9.2003, p. 17 and p. 33) 

•  Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives 
in  the  field  of  freedom  of  movement  of  persons,  by  reason  of  the  accession  of 
Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141 ). 

b. 

For the purposes of the present agreement, the Directive shall be adapted as follows: 

1. The following text shall be added to Article 1(2)(a): 

Switzerland: 

Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech 

Avocat 

Avvocato. 

2. Articles 16 and 17 shall not apply. However, the Swiss coordinator designated by 
Switzerland  in  conformity  with  Article  56  of  Directive  2005/36/EC  informs  the 
Commission with copy to the Joint Committee of the legislation adopted on the basis 
of the Acts referred to under point 3a.  

3. Article 14 shall be implemented as follows:  

The  information  of  Member  States  on  the  competent  authorities  designated  by 
Switzerland  is  done  by  the  Commission,  once  Switzerland  has  informed  the 
Commission with copy to the Joint Committee. 

EN 

27 

   EN 

 
4a. 

374  L  0556:  Council  Directive  74/556/EEC  of  4  June  1974  laying  down  detailed 
provisions  concerning  transitional  measures  relating  to  activities,  trade  in  and 
distribution  of  toxic  products  and  activities  entailing  the  professional  use  of  such 
products including activities of intermediaries (OJ L 307, 18.11.1974, p. 1). 

b. 

For the purposes of the present agreement, the Directive shall be adapted as follows: 

1. Article 4 (3) shall be implemented as follows: 

The  information  of  Member  States  on  the  competent  authorities  designated  by 
Switzerland  is  done  by  the  Commission,  once  Switzerland  has  informed  the 
Commission with copy to the Joint Committee. 

2.  Article  7  shall  not  apply.  However,  the  Swiss  coordinator  designated  by 
Switzerland  in  conformity  with  Article  56  of  Directive  2005/36/EC  informs  the 
Commission with copy to the Joint Committee of the legislation adopted on the basis 
of the Act referred to under point 4a. 

5a. 

374  L  0557:  Council  Directive  74/557/EEC  of  4  June  1974  on  the  attainment  of 
freedom of establishment and freedom to provide services in respect of activities of 
self-employed persons and of intermediaries engaging in the trade and distribution of 
toxic products (OJ L 307, 18.11.1974, p. 5), 

b. 

as amended by: 

•  95/1/EC, Euratom,  ECSC, adjusting the  instruments  concerning the accession of 

new Member States to the European Union (OJ L 1, 1.1.1995, p. 1), 

•  Treaty of Accession and Act concerning the conditions of Accession of the Czech 
Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, 
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 
Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 
23.9.2003, p. 17 and p. 33), 

•  Council  Directive  2006/101/EC  of  20  November  2006  adapting  Directives 
73/239/EEC,  74/557/EEC  and  2002/83/EC  in  the  field  of  freedom  to  provide 
services,  by  reason  of  the  accession  of  Bulgaria  and  Romania  (OJ  L  363, 
20.12.2006, p. 238). 

c. 

For the purposes of the present agreement, the Directive shall be adapted as follows: 

1. 

in Switzerland: 

All  the  products  and  toxic  substances  set  out  in  the  poisons  act  (classified 
compilation  of  federal  law  (CC)  813.1),  and  in  particular  those  on  the  ordinances 
thereto relating (CC 813) and on the poisonous substances for the environment (CC 
814.812.31, 814.812.32 and 814.812.33) 

2. 

Article 7 (5) shall be implemented as follows:  

EN 

28 

   EN 

 
The  information  of  Member  States  on  the  competent  authorities  designated  by 
Switzerland  is  done  by  the  Commission,  once  Switzerland  has  informed  the 
Commission with copy to the Joint Committee. 

Article  8  shall  not  apply.  However,  the  Swiss  coordinator  designated  by 
3. 
Switzerland  in  conformity  with  Article  56  of  Directive  2005/36/EC  informs  the 
Commission with copy to the Joint Committee of the legislation adopted on the basis 
of the Acts referred to under point 5a. 

6a. 

386  L  0653:  Council  Directive  86/653/EEC  of  18  December  1986  on  the 
coordination of the laws of the Member States relating to self-employed commercial 
agents (OJ L 382, 31.12.1986, p. 17). 

b. 

For the purposes of the present agreement, the Directive shall be adapted as follows: 

Article  22  shall  not  apply.  However,  the  Swiss  coordinator  designated  by 
Switzerland  in  conformity  with  Article  56  of  Directive  2005/36/EC  informs  the 
Commission with copy to the Joint Committee of the legislation adopted on the basis 
of the Act referred to under point 6a. 

SECTION B: ACTS OF WHICH THE PARTIES SHALL TAKE NOTE 

The contracting parties shall take note of the content of the following act: 

7. 

389  X  0601:  Commission  Recommendation  89/601/EEC  of  8  November  1989 
concerning  the  training  of  health  personnel  in  the  matter  of  cancer  (OJ  L  346, 
27.11.1989, p. 1).’ 

EN 

29 

   EN 

 
ANNEX B 

DECLARATION OF THE COUNCIL OF THE EUROPEAN UNION 

on the Declaration on Swiss Attendance of Committees 

The Coordination Group on the mutual recognition of higher-education diplomas referred to 
in  the  third  indent  of  the  Declaration  on  Swiss  attendance  of  committees  (OJ  L  114  of 
30.4.2002,  p.  72)  has  been  replaced  by  the  Group  of  Coordinators  for  the  recognition  of 
professional  qualifications  established  by  Commission  Decision  2007/172/EC  of  19  March 
2007  setting  up  the  group  of  coordinators  for  the  recognition  of  professional  qualifications 
(OJ L 79 of 20.3.2007, p. 38). 

EN 

30 

   EN