CELEX: 51997PC0363
Language: en
Date: 1997-07-15
Title: Amended proposal for a European Parliament and Council Directive establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization and transitional measures and supplementing the general systems for the recognition of qualifications

«JUMiiHAw*
                       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          Brussels, 15.07.1997
                                                          COM(97) 363 final
                                                          96/0031 (COD)
                                     Amended proposal for a
                 EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
           establishing a mechanism for the recognition of qualifications in respect of the
                professional activities covered by the Directives on liberalization and
                    transitional measures and supplementing the general systems
                                  for the recognition of qualifications
                  (presented by the Commission pursuant to Article 189 a (2)
                                         of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                   Explanatory memorandum
 I.   General considerations
      On 20 February 1997 the European Parliament delivered its opinion (first reading under
      the Co-Decision procedure) on the proposal for a Directive establishing a mechanism
      for the recognition of qualifications in respect of the professional activities covered by
      the Directives on liberalization and transitional measures and supplementing the general
      system for the recognition of qualifications.
      The Commission has accepted all of the Parliament's amendments.
II.   Examination of the amendments
      The main amendments concern the procedures for modifying (amendments 1 and 9)
      and implementing (amendment 11) the Directive. As to the former, the proposed
      committee procedure (Article 9) is confined to the lists of professional activities ; the
      periods of professional experience should be brought under the co-decision procedure
      according to the amendments. As to the latter, the Commission is asked to present a
      Report to the Council and to Parliament five years after the deadline for implementation
     (new Article 13a).
     Other amendments provide clarification on the compensation measures for the
     recognition of qualifications (amendment 3 concerning Article 3), the definition of
     manager of an undertaking (amendment 7 concerning Article 5), the content of the
     certificate of experience (amendment 8 concerning Article 6), the role of the
     Coordinators' Group (amendment 10 concerning Article 10) and the content of the
     Annexes (amendment 2 concerning the sixth recital 6).
     The remaining amendments (amendments 4 to 6) are designed to introduce greater
     consistency between some of the language versions of a certain number of the 35
     directives affected by the proposal for a Directive.
III. Conclusions
     The amended proposal for a Directive takes account of the concerns expressed by the
     European Parliament and, to the utmost, of the observations made by the Economic and
     Social Committee and by the professions that took part in the consultations held before
     the initial proposal was presented.
 ---pagebreak---                                            Amended proposal for a
                 EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
  establishing a mechanism for the recognition of qualifications in respect of the professional
       activities covered by the Directives on liberalization and transitional measures and
             supplementing the general systems for the recognition of qualifications
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Articles 49 and 57(1), the first and third sentences of Article 57(2), and Article 66 thereof,
Having regard to the proposal from the Commission1,
Having regard to the opinion delivered by the Economic and Social Committee2,
Acting in accordance with the procedure laid down in Article 189b of the Treaty3,
ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                                                                (unchanged unless mentioned^below)
(1) Whereas, pursuant to the Treaty, all
     discriminatory treatment based on
     nationality with regard to establishment
     and provision of services is prohibited as
     from the end of the transitional period;
     whereas, therefore, certain provisions of
     the Directives applying to this subject
     have become redundant as regards the
     implementation of the rule of national
     treatment, since this rule is established,
     with direct effect, by the Treaty itself;
(2) Whereas, however, certain of the
     Directives' provisions that facilitate the
     effective exercise of the right of
     establishment and the freedom to provide
     services should be retained, particularly
     where they usefully lay down how
     obligations under the Treaty are to be
     discharged;
(3) Whereas, in order to facilitate the exercise
     of the freedom of establishment and the
     freedom to provide services in respect of a
     number        of      activities,      Directives
     OJNoC 115 of 19.4.1996.
     OJ No C 295 of 7.10.1996, p. 43.
     Opinion of the European Parliament of 20 February 1997, OJ n° C, Common position of the Council of
     1997 (not yet published in the Official Journal), Decision of the European Parliament of... (not yet
     published in the Official Journal).
 ---pagebreak---      introducing transitional measures have
     been adopted pending mutual recognition
     of     qualifications;     whereas      those
     Directives       allow,     as      sufficient
     qualification for taking up the activities in
     question in Member States which have
    rules governing the taking-up of such
     activities, the fact that the activity in
     question has been pursued for a
    reasonable and sufficiently recent period
    of time, in the Member State from where
    the foreign national comes;
(4) Whereas the main provisions of the said
    Directives should be replaced in line with
    the conclusions of the European Council
    in Edinburgh on 11 and 12 December
     1992,      regarding     subsidiarity,     the
    simplification of Community legislation
    and, in particular, the reconsideration by
    the Commission of the relatively old
    directives dealing with professional
    qualifications; whereas the directives in
    question should therefore be repealed;
(5) Wliereas appropriate procedures need to (5) Wliereas appropriate procedures need to
    be introduced for updating the categories        be introduced for updating the lists of
    of professional experience and the lists of      professional activities;
    professional activities to which those
    categories refer;
(6) Whereas Council Directive 89/48/EEC of (6) Wliereas Council Directive 89/48/EEC of
    21 December 1988 on a general system             21 December 1988 on a general system
    for the recognition of higher-education          for the recognition of higher-education
    diplomas awarded on completion of                diplomas awarded on completion of
    professional education and training of at        professional education and training of at
    least three years' duration                and   least three years' duration                and
    Council Directive 92/51/EEC of 18 June           Council   Directive  92/51/EEC    of   18 June
    1992 on a second general system for the          1992 on a second general system for the
    recognition of professional education and        recognition   of professional education and
    training       to    supplement     Directive    training     to     supplement       Directive
                  3                                              5
    89/48/EEC , as last amended by                   89/48/EEC    ,    as    last   amended      by
                                                                                          6
    Commission Directive 95/43/EC , do not           Commission     Directive   95/43/EC   , do not
    apply to certain professional activities         apply to certain professional activities
    covered by the Directives applying to this       covered by the Directives applying to this
    subject-matter;       whereas     recognition    subject-matter {Part One of Annex A to
    machinery in respect of qualifications           this   Directive); whereas recognition
    should, therefore, be introduced for those       machinery     in respect of qualifications
    professional activities not covered by           should,  therefore,  be introduced for those
    Directives 89/48/EEC and 92/51/EEC;              professional    activities   not covered by
                                                     Directives 89/48/EEC and 92/51/EEC;
                                                     whereas the professional activities listed
                                                     in Part Two of Annex A to this Directive
                                                    fall for the most part within the scope of
                                                     Directive      92/51/EEC        where      the
    OJNoL 19, 24.1.1989, p. 16.
    OJNoL209, 24.7.1992, p. 25.
    OJNoL 184, 3.8.1995, p. 21
 ---pagebreak---                                                    recognition of diplomas is concerned
(7) Whereas Member States should also be
     required, under the general system, to
     recognize certificates of sound financial
     standing issued by banks in other
     Member States and certificates of
     insurance       against     the     financial
     consequences of professional liability
     issued by insurance undertakings in other
     Member States;
(8) Whereas Directives 89/48/EEC and
     92/51/EEC should be amended in order to
     facilitate the free movement of nurses,
     who do not hold any of the qualifications
     listed         in       Article 3          of
     Directive 77/452/EEC of 27 June 1977
     concerning the mutual recognition of
     diplomas, certificates, and other evidence
     of the formal qualifications of nurses
     responsible for general care, including
     measures to facilitate the effective
     exercise of the right of establishment and
     freedom to provide services , as last
     amended by the Act of Accession of
     Austria, Finland and Sweden;
(9) Whereas this Directive should require
     regular reports to be drawn up on its
     implementation;
(10) Wliereas this Directive should be without
     prejudice     to    the    application    of
     Articles 48(4) and 55 of the Treaty,
    OJNoL 176, 15.7.1977, p. 1.
 ---pagebreak---  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 (hereinafter
     called "beneficiaries") and wishing to
     pursue the activities listed in Annex A.
2. This Directive shall apply to nationals of
     Member States who wish to pursue in the
     host Member State, in a self-employed or
     employed capacity, the activities listed in
   . Annex A.
                     Article 2
Member States in which the taking-up or
pursuit of any activity referred to in Annex A
is subject to possession of certain
qualifications shall ensure that any applicant
beneficiary is provided, before he establishes'
himself or before he begins to pursue any
activity on a temporary basis, with information
as to the rules governing the occupation which
he proposes to pursue.
     OJ No 2, 15.1.1962, pp. 32/62 and 36/62.
 ---pagebreak---                  TITLE II
Additional measure on the recognition of
               qualifications
                  Article 3
. Without prejudice to Article 4, a             Without prejudice to Article 4, a
  Member State may not, on the grounds of       Member State may not, on the grounds of
  inadequate qualifications, refuse to permit   inadequate qualifications, refuse to permit
  a national of another Member State to         a national of another Member State to
  take up or pursue any of the activities       take up or pursue any of the activities
  listed in Part One of Annex A on the same     listed in Part One of Annex A on the same
  conditions as apply to its own nationals,     conditions as apply to its own nationals,
  without having first compared the skills      without having first compared the skills
  certified by the qualifications obtained by   certified by the qualifications obtained by
  the applicant with a view to pursuing the     the applicant with a view to pursuing the
  same activity         elsewhere    in the     same activity elsewhere            in    the
  Community with those required under its       Community with those required under its
  own national         rules. Where the         own national         rules.    Where     the
  comparative examination shows that the        comparative examination shows that the
  knowledge and skills certified by a           knowledge and skills certified by a
  qualification    awarded      by    another   qualification    awarded      by    another
  Member State correspond to those              Member State correspond to those
  required by the national rules, the host      required by the national rules, the host
  Member State cannot refuse the holder the     Member State cannot refuse the holder the
  right to pursue the activity in question.     right to pursue the activity in question.
  Where, however, the comparative               Where, however, the comparative
  examination       shows      only     partial examination      shows       only     partial
  correspondence, the host Member State         correspondence, the host Member State
  shall give the applicant the opportunity to   shall give the applicant the opportunity to
  demonstrate that he has acquired the          demonstrate that he has acquired the
  knowledge and skills which were lacking.      knowledge and skills which were lacking
                                                especially by attending an adaptation
                                                period or taking an aptitude test by
                                                analogy with Directives 89/48/EEC and
                                                92/51/EEC.
  Applications for recognition within the
  meaning of paragraph 1 shall be examined
  within the shortest possible time, and the
  competent authority in the host
  Member State shall state its reasons when
  giving a decision, which shall be taken no
  later than four months from the date on
  which the application and comprehensive
  supporting        documentation        were
  submitted. There shall be a right to appeal
  under national law against a decision, or
  against the absence of such decision.
 ---pagebreak---                     TITLE III
 Recognition of professional, qualifications
   on the basis of professional experience
      acquired in another Member State
                     Article 4
Where, in a Member State, the taking-up or
pursuit of any activity listed in Annex A is
subject to possession of general, commercial
or professional knowledge and ability, that
Member State shall accept as sufficient
evidence of such knowledge and ability the
fact that the activity in question has been
pursued in another Member State. This must
be done where the activity is mentioned in
Annex A:
1.   In the case of the activities in List I:
     (a) six- consecutive years in either a        (a) six consecutive years in either a
          self-employed or a managerial                self-employed or as manager of an
          capacity; or                                 undertaking; or
     (b) three consecutive years in a              (b) three consecutive years in a
          self-employed        or      managerial      self-employed or as manager of an
          capacity, where the beneficiary              undertaking, where the beneficiary
          proves that for the activity in              proves that for the activity in
          question he has received at least'           question he has received at least
          three years' previous training attested      three years" previous training attested
          by a certificate recognized by the           by a certificate recognized by the
          State or regarded by a competent             State or regarded by a competent
          professional or trade body as fully          professional or trade body as fully
          satisfying its requirements; or              satisfying its requirements; or
     (c) three consecutive years in a
          self-employed capacity, where the
          beneficiary proves that he has
          pursued the activity in question for at
          least five years in an employed
          capacity; or
     (d)   five consecutive years in a
          managerial capacity of which at least
          three years were spent in technical
          posts with responsibility for one or
          more departments of the undertaking,
          where the beneficiary proves that for
          the activity in question he has
          received at least three years' previous
          training attested by a certificate
          recognized by the State or regarded
          by a competent professional or trade
          body as fully           satisfying   its
          requirements.
          In the cases referred to at (a) and (c),
          pursuit of the activity shall not have
          ceased more than ten years before the
 ---pagebreak---          date on which the application under
         Article 6 is made.
2. In the case of the activities in List II:
   (a) six consecutive years in either a         (a) six consecutive years in either a
         self-employed or a managerial                self-employed or as manager of an
         capacity; or                                 undertaking; or
   (b) three consecutive years in a              (b) three consecutive years in a
         self-employed        or " managerial         self-employed or as manager of an
        capacity, where the beneficiary               undertaking , where the beneficiary
        proves that for the activity in              proves that for the activity in
        question he has received at least three      question he has received at least three
        years' previous training attested by a       years' previous training attested by a
        certificate recognized by the State or       certificate recognized by the State or
        regarded by a competent professional         regarded by a competent professional
        or trade body as fully satisfying its        or trade body as fully satisfying its
        requirements; or                             requirements; or
        four consecutive years in a                  four consecutive years in a
        self-employed         or     managerial      self-employed or as manager of an
        capacity, where the bénéficiai/              undertaking , where the beneficiary
        proves that for the activity in              proves that for the activity in
        question he has received at least two        question he has received at least two
        years' previous training attested by a       years' previous training attested by a
        certificate recognized by the State or       certificate recognized by the State or
        regarded by a competent professional         regarded by a competent professional
        or trade body as fully satisfying its        or trade body as fully satisfying its
        requirements; or                             requirements; or
   (c) three      consecutive years in a         (c) three consecutive years in a
        self-employed         or     managerial      self-employed or as manager of an
        capacity, where the beneficiary              undertaking , where the beneficiary
        proves that he has pursued the               proves that he has pursued the
        activity in question for at least five       activity in question for at least five
        years in an employed capacity; or            years in an employed capacity; or
   (d) five consecutive years in an
        employed capacity, where the
        beneficiary proves that for the
        activity in question he has received at
        least three years' previous training
        attested by a certificate recognized by
        the State or regarded by a competent
        professional or trade body as fully
        satisfying its requirements; or
        six consecutive years in an employed
        capacity, where the beneficiary
        proves that for the activity in
        question he has received at least two
        years' previous training attested by a
        certificate recognized by the State or
        regarded by a competent professional
        or trade body as fully satisfying its
        requirements.
        In the cases referred to at (a) and (c),
        pursuit of the activity shall not have
 ---pagebreak---            ceased more than ten years before the
           date on which the application
           provided for in Article 6 is made.
 3.  In the case of the activities in List III:
     (a) six consecutive years in either a          (a) six consecutive years in either a
           self-employed or a managerial                 self-employed or as a manager of an
           capacity; or                                  undertaking; or
     (b) three consecutive years in a               (b) three consecutive years in a
           self-employed       or      managerial        self-employed or as a manager of an
          capacity, where the beneficiary                undertaking , where the beneficiary
          proves that for the activity in                proves that for the activity in
          question he has received at least three        question he has received at least three
          years' previous training attested by a         years' previous training attested by a
          certificate recognized by the State or         certificate recognized by the State or
          regarded by a competent professional           regarded by a competent professional
          or trade body as fully satisfying its          or trade body as fully satisfying its
          requirements; or                               requirements; or
     (c) three consecutive years in a
          self-employed capacity, where the
          beneficiary proves that he has
          pursued the activity in question for at
          least five years in an employed
          capacity.
          In the cases referred to at (a) and (c),
         pursuit of the activity shall not have
          ceased more than ten years before the
          date on which the application
         provided for in Article 6 is made.
4.  In the case of the activities in List IV:
    (a) five consecutive years in either a         (a) five consecutive years in either a
         self-employed        or       managerial       self-employed or as manager of an
         capacity; or                                   undertaking; or
    (b) two consecutive years in a                 (b) two consecutive years in a
         self-employed        or       managerial       self-employed or as manager of an
         capacity, where the beneficiary                undertaking , where the beneficiary
         proves that for the activity in                proves that for the activity in
         question he has received at least three        question he has received at least three
         years' previous training attested by a         years' previous training attested by a
         certificate recognized by the State or         certificate recognized by the State or
         regarded by a competent professional           regarded by a competent professional
         or trade body as fully satisfying its          or trade body as fully satisfying its
         requirements; or                               requirements; or
    (c) three consecutive years in a               (c) three consecutive years in a
         self-employed        or       managerial       self-employed or as manager of an
         capacity, where the beneficiary                undertaking , where the beneficiary
         proves that for the activity in                proves that for the activity in
         question he has received at least two          question he has received at least two
         years' previous training attested by a         years' previous training attested by a
         certificate recognized by the State or         certificate recognized by the State or
         regarded by a competent professional           regarded by a competent professional
         or trade body as fully satisfying its          or trade body as fully satisfying its
                                                                                              10
 ---pagebreak---         requirements; or                               requirements; or
   (d) two consecutive years in a                 (d) two consecutive years in a
         self-employed        or       managerial      self-employed or as manager of an
        capacity, where the beneficiary                undertaking , where the beneficiary
        proves that he has pursued the                proves that he has pursued the
         activity in question for at least three       activity in question for at least three
        years in an employed capacity; or             years in an employed capacity; or
   (e) three consecutive years in an
        employed capacity, where the
        beneficiary proves that for the
        activity in question he has received at
        least two years' previous training
        attested by a certificate recognized by.,
        the State or regarded by a competent
        professional or trade body as fully
        satisfying its requirements.
5. In the case of the activities in List V:
   (a) three years in a self-employed or          (a) three years in a self-employed or as
        managerial capacity, provided that            manager of an undertaking ,
        pursuit of the activity in question did       provided that pursuit of the activity in
        not cease more than two years before          question did not cease more than two
        the date on which the application             years before the date on which the
        provided for in Article 6 is made,            application provided for in Article 6
        unless the host Member State permits          is     made,     unless      the    host
        its nationals to interrupt their pursuit      Member State permits its nationals to
        of that activity for a longer period; or      interrupt their pursuit of that activity
                                                      for a longer period; or
   (b) three years in a self-employed or          (b) three years in a self-employed or as
        managerial capacity, provided that            manager of an undertaking ,
        pursuit of the activity in question did       provided that pursuit of the activity in
        not cease more than two years before          question did not cease more than two
        the date on which the application             years before the date on which the
        provided for in Article 6 is made.            application provided for in Article 6
                                                      is made.
6. In the case of the activities in List VI:
   (a) three consecutive years in either a        (a) tliree consecutive years in either a
        self-employed or a managerial                 self-employed or as manager of an
        capacity; or                                  undertaking ; or
   (b) two consecutive years in a                 (b) two consecutive years in a
        self-employed         or      managerial      self-employed or as manager of an
        capacity, where the beneficiary               undertaking , where the beneficiary
        proves that for the activity in               proves that for the activity in
        question he has received previous             question he has received previous
        training attested by a certificate            training attested by a certificate
        recognized by the State or regarded           recognized by the State or regarded
        by a competent professional or trade          by a competent professional or trade
        body a.s fully           satisfying   its     body as fully           satisfying    its
        requirements; or                              requirements; or
   (c) two consecutive years in a                 (c) two consecutive years in a
        self-employed         or      managerial      self-employed or as manager of an
        capacity, where the beneficiary               undertaking , where the beneficiary
                                                                                             //
 ---pagebreak---            proves that he has pursued the                      proves that he has pursued the
           activity in question for at least three             activity in question for at least three
           years in an employed capacity; or                   years in an employed capacity; or
      (d) three consecutive years in an
           employed capacity, where the
           beneficiary proves that for the
           activity in question he has received
           previous training attested by a
           certificate recognized by the State or
           regarded by a competent professional
           or trade body as fully satisfying its
           requirements.
           In the cases referred to at (a) and (c),
           pursuit of the activity shall not have
           ceased more than ten years before the
           date on which the application
           provided for in Article 6 is made.
                      Article 5
A person shall be regarded as having pursued        A person shall be regarded as having pursued
an activity in a managerial capacity within the     an activity as manager of an undertaking
meaning of Article 4 if he has pursued such an      within the meaning of. Article 4 if he has
activity in an industrial or commercial             pursued such an activity in an undertaking in
enterprise in the occupational field in question:   the occupational field in question:
(a) as manager of an undertaking or manager
     of a branch of an undertaking; or
(b) as deputy to the proprietor or to the
     manager of an undertaking where such
     post involves responsibility equivalent to
     that of the proprietor or manager
     represented; or
(c) in a managerial post with duties of a
     commercial nature and with responsibility
     for at least one department of the
     undertaking.
                      Article 6
Proof that the conditions laid down in              Proof that the conditions laid down in
Article 4 are satisfied shall be established by a   Article 4 are satisfied shall be established by a
certificate issued by the competent authority or    certificate concerning the nature and duration
body in the home Member State or in the             of the activity issued by the competent
Member State from where the applicant comes         authority or body in the home Member State
and which the applicant shall submit in             or in the Member State from where the
support of his application for authorization to     applicant comes and which the applicant shall
pursue the activity or activities in question in    submit in support of his application for
the host Member State.                              authorization to pursue the activity or
                                                    activities in question in the host Member State.
                                                                                                    12
 ---pagebreak---                    TITLE IV
      Recognition of other professional
 qualifications obtained in another Member
                      State
                    Article 7
1.   Where a host Member State requires its
    own nationals wishing to take up any
    activity referred to in Article 1(2) to
    furnish proof of good character and proof
    that they have not previously been
    declared bankrupt, or proof of either of
    these, it shall accept as sufficient.,
    evidence, in respect of nationals of the
    other Member States, the production of an
    extract from the "judicial record" or,
    failing this, of an equivalent document
    issued by a competent judicial or
    administrative authority in the home
    Member State or in the Member State
    from where the applicant comes showing
    that these requirements have been met.
2.  Wliere a host Member State imposes on
    its own nationals wishing to take up any
    activity referred to in Article 1(2) certain
    requirements as to good character and
    requires them to prove that they have not
    previously been declared bankrupt and
    have not previously been the subject of
    professional or administrative disciplinary
    measures (for example, withdrawal of the
    right to hold certain offices, suspension
    from practice or striking-off), but proof
    cannot be obtained from the document
    referred to in paragraph 1, it shall accept
    as sufficient evidence in respect of
    nationals of other Member States a
    certificate issued by a competent judicial
    or administrative authority in the home
    Member State or in the Member State
    from where the applicant comes attesting
    that the requirements have been met. Such
    certificate shall relate to the specific facts
    regarded as relevant by the host Member
    State.
3.  Where the home Member State or the
    Member State from where the applicant
    conies does not issue the documents
    referred to in paragraphs 1 and 2, such
    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
                                                   13
 ---pagebreak--- appropriate,      a    notary     in     that
Member State; such authority or notary
shall issue a certificate attesting the
authenticity of the declaration on oath or
solemn declaration. The declaration of no
previous bankruptcy may also be made
before a competent professional or trade
body in that Member State.
Where the host Member State requires
proof of financial standing, it shall regard
certificates issued by banks in the home
Member State or in the Member State
from where the applicant comes as
equivalent to those issued in its own
territory.
Where a Member State requires its own
nationals wishing to take up or pursue any
activity referred to in Article 1(2) to
furnish proof that they are insured against
the financial risks arising from their
professional liability, it shall accept
certificates issued by the insurance
undertakings of other Member States as
equivalent to those issued in its own
territory. Such certificates shall state that
the insurer has complied with the laws
and regulations in force in the host
Member State regarding the terms and
extent of cover.
The documents referred to in paragraphs
1, 2, 3 and 5 may not be produced more
than three months after their date of issue.
                                              14
 ---pagebreak---                     TITLE V
  Supplement to the general system for the
            recognition of diplomas
                     Article 8
1.  Directive 89/48/EEC        is   amended      as
    follows:
    (a) the following paragraph is added to
         Article 2:
         "Notwithstanding the preceding
         paragraph, where a nurse who does
         not hold one of the qualifications
         listed        in       Article 3        of
         Directive 77/452/EECr) wishes to
         pursue in another Member State the
         activities of a nurse responsible for
         general care as defined in Article 1 of
         Directive 77/452/EEC, the provisions
         of this Directive shall apply.
         ÎT   OJNoL 176, 15.7.1977, p. 1."
    (b) the following paragraphs 5 and 6 are
         added to Article 6:
         "5. Where proof of financial
              standing is required in order to
              take up or pursue a regulated
              profession       in      the    host
              Member State,                    that
              Member State         shall    regard
              certificates issued by banks in
              the Member State of origin or in
              the Member State from where
              the foreign national comes as
              equivalent to those issued in its
              own territory.
         6.   Where the competent authority
              of the host Member State
              requires of its own nationals
              wishing to take up or pursue a
              regulated profession proof that
              they are insured against the
              financial risks arising from their
              professional       liability,    that
              Member State         shall    accept
              certificates issued by insurance
              undertakings          of       other
              Member States as equivalent to
              those issued in its own territory.
              Such certificates shall state that
              the insurer has complied with the
              laws and regulations in force in
              the host Member State regarding
              the terms and extent of cover.
                                                    15
 ---pagebreak---               They may not be produced more
              than three months after their date
              of issue."
2. Directive 92/51/EEC is amended as
   follows:
   (a) the following paragraph is inserted
        into Article 2:
        "Notwithstanding        the preceding
        paragraph, where a nurse who does
        not hold one of the qualifications
        listed        in      Article 3          of
        Directive 77/452/EECr) wishes to
        pursue in another Member State the
        activities of a nurse responsible for
        general care as defined in Article 1 of
        Directive 77/452/EEC, the provisions
        of this Directive shall apply.
        rr   OJNoL 176, 15.7.1977, p. 1.
   (b) the following paragraphs 5 and 6 are
        added to Article 10:
        "5. Where proof of                financial
             standing is required in order to
             take up or pursue a regulated
             profession in the host Member
             State, that Member State shall
             regard certificates issued by
             banks in the Member State of
             origin or in the Member State
             from where the foreign national
             conies as equivalent to those
             issued in its own territory.
        6.   Wliere the competent authority
             of the host Member State
             requires of its own nationals
             wishing to take up or pursue a
             regulated profession proof that
             they are insured against the
             financial risks arising from their
             professional      liability,      that
             Member State        shall      accept
             certificates issued by insurance
             undertakings         of          other
             Member States as equivalent to
             those issued in its own territory.
             Such certificates shall state that
             the insurer has complied with the
             laws and regulations in force in
             the host Member State regarding
             the tenus and extent of cover.
             They may not be produced more
             than three months after their date
             of issue."
                                                    16
 ---pagebreak---                     TITLE VI
              Procedural provisions
                      Article 9
 The provisions of Article 4 and the lists shown The lists shown in Annex A may be amended
 in Annex A may be amended in accordance in accordance with the procedure set out in
 with the procedure set out in Article 10.        Article 10.
                     Article 10
 The Commission shall be assisted by the
 committee set up pursuant to Article 15(3) of
 Directive      92/51/EEC,       composed      of
representatives of the Member States and
chaired by a representative of the
 Commission.
The representative of the Commission shall
submit to the committee a draft of the
measures to be taken. The committee shall
deliver its opinion on the draft within a
time-limit which the chairman may lay down
according to the urgency of the matter. The
opinion shall be delivered by the majority laid
down in Article 148(2) of the Treaty in the
case of decisions which the Council is
required to adopt on a proposal from the
Commission. The votes of the representatives
of the Member States within the committee
shall be weighted in the manner set out in that
Article. The chairman shall not vote.
The Commission shall adopt measures which
shall apply immediately. However, if these
measures are not in accordance with the
opinion of the committee, they shall be
communicated by the Commission to the
Council forthwith. In that event, the
Commission shall defer application of the
measures which it has decided for a period to
be laid down in each act adopted by the
Council, but which may in no case exceed
tliree months from the date of communication.
The Council, acting by a qualified majority,
may take a different decision within the time-
limit referred to in the third paragraph.
                    Article 11
1.    Member States shall designate, within the
      period stipulated in Article 14, the
      authorities and bodies responsible for
      issuing the certificates referred to in
      Articles 6 and 7(1), (2) and (3) and shall
      communicate this information forthwith
      to the other Member States and to the
      Commission.
                                                                                        17
 ---pagebreak--- 2. The coordinating group set up under
   Article 9(2) of Directive 89/48/EEC shall
   also be responsible for:
        facilitating the implementation of this
        Directive;
        collecting all useful information for   collecting all useful information for
        its application in the Member States.   its application in the Member States
                                                and especially for gathering and
                                                comparing information on the
                                                different professional qualifications
                                                in the areas of activity falling within
                                                the scope of this Directive.
                                                                                      18
 ---pagebreak---                    TITLE VII
                 Final provisions
                    Article 12
 1.   The Directives listed in Annex B are
      hereby repealed.
2.    References to the repealed Directives
      shall be construed as references to this
      Directive.
                    Article 13
As from 1 January 1999, Member States shall
communicate to the Commission every two
years a report on the application of the system
introduced.
In addition to general remarks, this report shall
contain a statistical summary of the decisions
taken and a description of the main problems
arising from the application of this Directive.
                                                   Article 13a
                                                   Not later than five years after the date referred
                                                   to in Article 14 the Commission shall report to
                                                   the European Parliament and the Council on
                                                   the state of application of this Directive in the
                                                   Member States.
                                                  After undertaking all the necessary hearings,
                                                   the Commission shall submit its conclusions
                                                   regarding any changes to the existing
                                                   arrangement. If necessary, the Commission
                                                   shall also submit proposals for improving the
                                                   existing arrangements with the aim of
                                                  facilitating freedom of movement, the right of
                                                   establishment and the free movement of
                                                   services.
                    Article 14
1.   Member States shall bring into force the
     laws, regulations and administrative
     provisions necessary to comply with this
     Directive before 1 January 1999. They
     shall immediately inform the Commission
     thereof.
     When Member States adopt these
     provisions, these shall contain a reference
     to this Directive or shall be accompanied
     by such reference at the time of their
     official publication. The procedure for
     such reference shall be adopted by
     Member States.
2    Member States shall communicate to the
                                                                                                  19
 ---pagebreak---      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
twentieth day following that of its publication
in the Official Journal of the European
Communities.
                  Article 16
This Directive is addressed to the Member
States.
Done at Brussels,
For the European Parliament   For the Council
The President                  The President
                                                20
 ---pagebreak---                                                                                        ANNEX A
                                        PART ONE
                Activities related to categories of professional experience
                                            List I
             (Major Groups covered by Directives: 64/427/EEC, as amended by
               Directive 69/77/EEC; 68/366/EEC, 75/368/EEC, 75/369/EEC)
                                               1
                                   Directive 64/427/EEC
                    (corresponding liberalization Directive: 64/429/EEC)
             NICE Nomenclature (corresponding to ISIC Major Groups 23-40)
Group
Major Group 23         Manufacture of textiles
                232 Manufacturing and processing of textile materials on woollen
                       machinery
                233 Manufacturing and processing of textile materials on cotton machinery
                234 Manufacturing and processing of textile materials on silk machinery
                235 Manufacturing and processing of textile materials on flax and hemp
                      machinery
                236 % Other textile fibre industries (jute, hard fibres, etc.) cordage
                237 Manufacture of knitted and crocheted goods
                238 Textile finishing
                239 Other textile industries
Major Group 24        Manufacture of footwear, other wearing apparel and bedding
                241   Machine manufacture of footwear (except from rubber or wood)
                242   Manufacture by hand and repair of footwear
                243   Manufacture of wearing apparel (except furs)
                244   Manufacture of mattresses and bedding
                245   Skin and fur industries
Major Group 25        Manufacture of wood and cork, except manufacture of furniture
                251   Sawing and industrial preparation of wood
                252   Manufacture of semi-finished wood products
                253   Series production of wooden building components including flooring
                254   Manufacture of wooden containers
                255   Manufacture of other wooden products (except furniture)
                259   Manufacture of straw, cork, basketware, wicker-work and rattan
                      products; brush-making
Major Group 26 260 Manufacture of wooden furniture
Major Group 27        Manufacture of paper and paper products
                271 Manufacture of pulp, paper and paperboard
                272 Processing of paper and paperboard, and manufacture of articles of pulp
Major Group 28 280 Printing, publishing and allied industries
Major Group 29        Leather industry
                291 Tanneries and leather finishing plants
                292 Manufacture of leather products
                                                                                            21
 ---pagebreak--- ex Major Group 30        Manufacture of rubber and plastic products, man-made fibres and
                     starch products
                3 01 Processing of rubber and asbestos
                302 Processing of plastic materials
                3 03 Production of man-made fibres
ex Major Group 31        Chemical industry
                311 Manufacture of chemical base materials and further processing of such
                     materials
                312 Specialized manufacture of chemical products principally for industrial
                     and agricultural purposes (including the manufacture for industrial use
                     of fats and oils of vegetable or animal origin falling within ISIC Group
                     312)
                313 Specialized manufacture of chemical products principally for domestic
                     or office use (excluding trie 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  Manufacture of structural clay products
                332  Manufacture of glass and glass products
                333  Manufacture of ceramic products, including refractory goods
                334  Manufacture of cement, lime and plaster
                335  Manufacture of structural materials, in concrete, cement and plaster
                339  Stone working and manufacture of other non-metallic mineral products
Major Group 34       Production and primary transformation. of ferrous and non-ferrous
                     metals
                341  Iron and steel industry (as defined in the ECSC Treaty, including
                     integrated steelworks-owned coking plants)
                342  Manufacture of steel tubes
                343  Wire-drawing, cold-drawing, cold-rolling of strip, cold-forming
                344  Production and primary transformation of non-ferrous metals
                345  Ferrous and non-ferrous metal foundries
Major Group 35       Manufacture of footwear, other wearing apparel and bedding
                3 51 Forging, heavy stamping and heavy pressing
                352  Secondary transformation and surface-treatment
                353  Metal structures
                3 54  Boilermaking, manufacture of industrial hollow-ware
                355  Manufacture of tools and implements and finished articles of metal
                     (except electrical equipment)
                359 Ancillary mechanical engineering activities
                                                                                           22
 ---pagebreak--- Major Group 36        Manufacture of machinery other than electrical machinery
                3 61 Manufacture of agricultural machinery and tractors
                362 Manufacture of office machinery
                363 Manufacture of metal-working and other machine-tools and fixtures
                      and attachments for these and for other powered tools
                364 Manufacture of textile machinery and accessories, manufacture of
                      sewing machines
                365 Manufacture of machinery and equipment for the food-manufacturing
                      and beverage industries and for the chemical and allied industries
                366 Manufacture of plant and equipment for mines, iron and steel works
                      foundries, and for the construction industry; manufacture of mechanical
                      handling equipment
                367 Manufacture of transmission equipment
                368 Manufacture of machinery for other specific industrial purposes
                369 ' Manufacture of other non-electrical machinery and equipment
Major Group 37        Electrical engineering
                371 Manufacture of electric wiring and cables
                372 Manufacture of motors, generators, transformers, switchgear, and other
                      similar equipment for the provision of electric power
                373 Manufacture of wearing apparel (except furs)
                3 74 Manufacture of mattresses and bedding
                375 Skin and fur industries
                3 76 Manufacture of electric appliances for domestic use
                377 Manufacture of lamps and lighting equipment
                378 Manufacture of batteries and accumulators
                379 Repair, assembly and specialist installation of electrical equipment
ex Major Group 38        Manufacture of transport equipment
                383   Manufacture of motor vehicles and parts thereof
                3 84  Repair of motor vehicles, motorcycles and cycles
                385   Manufacture of motorcycles, cycles and parts thereof
                389   Manufacture of transport equipment not elsewhere classified
Major Group 39        Miscellaneous manufacturing industries
                391 Manufacture of precision instruments and measuring and controlling
                      instruments
                392 Manufacture of medico-surgical instruments and equipment and
                      orthopaedic appliances (except orthopaedic footwear)
                393 Manufacture of photographic and optical equipment
                394 Manufacture and repair of watches and clocks
                395 Jewellery and precious metal manufacturing
                396 Manufacture and repair of musical instruments
                397 Manufacture of games, toys, sporting and athletic goods
                399 Other manufacturing industries
Major Group 40        Construction
                400   Construction (non-specialized); demolition
                401   Construction of buildings (dwellings or other)
                402   Civil engineering; building of roads, bridges, railways, etc.
                403   Installation work
                404   Decorating and finishing
                                     Directive 68/366/EEC
                            (liberalization Directive 68/365/EEC)
                                     NICE Nomenclature
Major Group 20A200 Industries producing animal and vegetable fats and oils
                                                                                           23
 ---pagebreak---        20B            Food manufacturing industries (excluding the beverage industry)
                201   Slaughtering, preparation and preserving of meat
                202   Milk and milk products industry
                203  Canning and preserving of fruits and vegetables
                204  Canning and preserving of fish and other sea foods
                205  Manufacture of grain mill products
                206  Manufacture of bakery products, including rusks and biscuits
                207   Sugar industry
                208  Manufacture of cocoa, chocolate and sugar confectionery
                209  Manufacture of miscellaneous food products
Major Group 21       Beverage industry
                211 Production of ethyl alcohol by fermentation, production of yeast and
                      spirits
                212 Production of wine and other unmalted alcoholic beverages
                213 Brewing and malting
                214 Soft drinks and carbonated water industries
ex 30                Manufacture of rubber products, plastic materials, artificial and
                     synthetic fibres and starch products
                3 04 Manufacture of starch products
                   Directive 75/368/EEC: activities listed in Article 5(1)
                                    ISIC Nomenclature
ex 04                Fishing
                043 Inland water fishing
ex 3 8                Manufacture of transport equipment
                381 Shipbuilding and repairing
                3 82 Manufacture of railroad equipment
                386 Manufacture of aircraft (including space equipment)
ex 71                Activities allied to transport and activities other than transport coming
                     under the following groups:
             ex 711   Sleeping- and dining-care services; maintenance of railway stock in
                     repair sheds; cleaning of carriages
             ex 712  Maintenance of stock for urban, suburban and interurban passenger
                     transport
             ex 713   Maintenance of stock for other passenger land transport (such as motor
                      cars, coaches, taxis)
             ex 714   Operation and maintenance of services in support of road transport
                      (such as roads, tunnels and toll-bridges, goods depots, car parks, bus
                      and tram depots)
             ex 716   Activities allied to inland water transport (such as operation and
                      maintenance of waterways, ports and other installations for inland water
                      transport; tug and piloting services in ports, setting of buoys, loading
                      and unloading of vessels and other similar activities, such as salvaging
                      of vessels, towing and the operation of boathouses)
73                    Communication: postal services and telecommunications
ex 85                 Personal services
                854 Laundries and laundry services, dry-cleaning and dyeing
             ex 856 Photographic studios: portrait and commercial photography, except
                     journalistic photographers
             ex 859 Personal services not elsewhere classified (maintenance and cleaning of
                      buildings or accommodation only)
                                                                                             24
 ---pagebreak---                                        Directive 75/369/EEC
                        (Article 6: where the activity is regarded as being of
                                 an industrial or small-craft nature)
                                        ISIC Nomenclature
The following itinerant activities:
(a) the buying and selling of goods:
         by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612);
         in covered markets other than from permanently fixed installations and in open-air
         markets;
(b) activities covered by transitional measures already adopted that expressly exclude or do not
    mention the pursuit of such activities on an itinerant basis.
                                               List II
                                (Directive 82/470/EEC Article 6(3))
Groups 718 and 720 of the ISIC Nomenclature
The activities comprise in particular:
    organizing, offering for sale and selling, outright or on commission, single or collective
    items (transport, board, lodging, excursions, etc.) for a journey or stay, whatever the
    reasons for travelling (Article 2(B)(a)).
                                               List III
                                      (Directive 82/489/EEC)
ex 855                   Hairdressing, excluding services of chiropodists and professional
                         beauticians' and hairdressers' training schools
                                                                                              25
 ---pagebreak---                                                   List IV
                                  (Directive 82/470/EEC, Article 6(1))
 Groups 718 and 720 of the ISIC Nomenclature:
 The activities comprise in particular:
      acting as an intermediary between contactors for various methods of transport and persons
      who dispatch or receive goods and who carry out related activities:
      (aa) by concluding contracts with transport contractors, on behalf of principals;
      (bb) by choosing the method of transport, the firm and the route considered most profitable
           for the principal;
      (cc) by arranging the technical aspects of the transport operation (e.g. packing required for
           transportation); by carrying out various operations incidental to transport (e.g. ensuring
           ice supplies for refrigerated wagons);
      (dd) by completing the formalities connected with the transport such as the drafting of way
           bills; by assembling and dispersing shipments;
      (ee) by coordinating the various stages of transportation, by ensuring transit, reshipment,
           transshipment and other termination operations;
      (fï) by arranging both freight and carriers and means of transport for persons dispatching
           goods or receiving them;
•     assessing transport costs and checking the detailed accounts;
•     taking certain temporary or permanent measures in the name of and on behalf of a
     shipowner or sea transport carrier (with the port authorities, ship's chandlers, etc.)
(The activities listed under Article 2(A)(a), (b) and (d))
                                                  ListV
                               Directives 70/523/EEC and 64/222/EEC
                                                    (a)
                                          Directive 70/523/EEC
Activities of self-employed persons in the wholesale coal trade and activities of intermediaries
in the coal trade (ex Group 6112, ISIC Nomenclature)
                                                    (b)
                                          Directive 64/222/EEC
                                 (liberalization Directive 64/224/EEC)
1.   professional activities of an intermediary who is empowered and instructed by one or more
     persons to negotiate or enter into commercial transactions in the name of and on behalf of
     those persons;
2.   professional activities of an intermediary who, while not being permanently so instructed,
     brings together persons wishing to contract directly with one another or arranges their
     commercial transactions or assists in the completion thereof;
3.   professional activities of an intermediary who enters into commercial transactions in his
     own name on behalf of others;
4.   professional activities of an intermediary who carries out wholesale selling by auction on
     behalf of others;
                                                                                                   26
 ---pagebreak--- 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.
                                                List VI
          Directives 68/364/EEC, 68/368/EEC, 75/368/EEC, 75/369/EEC, 82/470/EEC
                                                    1
                                        Directive 6&/364/EEC
                               (liberalization Directive 68/363/EEC)
ISIC ex Group 612 Retail trade
Excluded activities:
                   012    Letting-out for hire of farm machinery
                   640    Real estate, letting of property
                   713    Letting-out for hire of automobiles, carriages and horses
                   718    Letting-out for hire of railway carriages and wagons
                   839    Renting of machinery to commercial undertakings
                   841    Booking of cinema seats and renting of cinematograph films
                   842    Booking of theatre seats and renting of theatrical equipment
                   843    Letting-out for hire of boats, bicycles, coin-operated machines for
                        . games of skill or chance
                   853 Letting of furnished rooms
                   854 Laundered linen hire
                   859 Garment hire '
                                             68/368/EEC
                               (liberalization Directive 68/367/EEC)
                                         ISIC Nomenclature
ISIC ex Major Group 85:
1.   Restaurants, cafés, taverns and other drinking and eating places (ISIC Group 852)
2.   Hotels, rooming houses, camps and other lodging places (ISIC Group 853)
                                                   3
                                       75/368/EEC (Article 7)
All the activities listed in the Annex to Directive 75/368/EEC, except those referred to in
Article 5 of the Directive (List I, No 3 of this proposal).
ISIC Nomenclature
ex 62              Banks and other financial institutions
                   ex 620 Patent buying and licensing companies
                                                                                           27
 ---pagebreak--- 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 n.e.c:
                                      sporting activities (sports grounds, organizing sporting
                                      fixtures, etc.), except the activities of sports instructors
                                      games (racing stables, areas for games, racecourses, etc.)
                                      other recreational activities (circuses, amusement parks.and
                                      other entertainments)
ex 85              Personal services
                   ex 851      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 mountain guides, divided into the
                               following groups
                                      disinfecting and pest control
                                      hiring of clothes and storage facilities
                                      marriage bureaux and similar services
                                      astrology, fortune-telling and the like
                                      sanitary services and associated activities
                                      undertaking and cemetery maintenance
                                      couriers and interpreter-guides
                                                  4
                                       75/369/EEC (Article 5)
The following itinerant activities:
(a) the buying and selling of goods:
         by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612);
         in covered markets other than from pemianently fixed installations and in open-air
         markets;
(b) activities covered by transitional measures already adopted that expressly exclude or do not
    mention the pursuit of such activities on an itinerant basis.
                                                                                                   28
 ---pagebreak---                                       82/470/EEC (Article 6(2))
(Activities listed in Article 2(A)(c) and (e), (B)(b), (C) and (D))
These activities comprise in particular:
    hiring railway cars or wagons for transporting persons or goods;
    acting as an intermediary in the sale, purchase or hiring of ships;
•   arranging, negotiating and concluding contracts for the transport of emigrants;
•   receiving all objects and goods deposited, on behalf of the depositor, whether under
    customs control or not, in warehouses, general stores, furniture depots, coldstores, silos,
    etc.
    supplying the depositor with a receipt for the object or goods deposited;
•   providing pens, feed and sales rings for livestock being temporarily accommodated while
    awaiting sale or while in transit to or from the market;
•   carrying out inspection or technical valuation of motor vehicles;
•   measuring, weighing and gauging goods.
                                                                                            29
 ---pagebreak---                                                                                        ANNEXA
                                           PART TWO
                        Activities other than those covered in Part One
                                                  1
           Directives 63/261/EEC, 63/262/EEC, 65/1/EEC, 67/530/EEC, 67/531/EEC,
                     67/532/EEC, 68/192/EEC, 68/415/EEC and 71/18/EEC
                                       ISIC Nomenclature
ex Maj or Group 01        Agriculture
In particular:
(a) general agriculture including the growing of field crops and viticulture; growing of fruits,
    nuts, seeds, vegetables, flowers, both in the open and under glass;
(b) raising of livestock, poultry, rabbits, fur-bearing or other animals, bees; the production of
    meat, milk, wool, skins and fur, eggs, honey;
(c) agricultural, animal husbandry and horticultural services on a fee or contract basis.
                                      Directive 63/607/EEC
                                              (Films)
                                      Directive 64/223/EEC
                                       ISIC Nomenclature
ex Group 611            Activities of self-employed persons in wholesale trade (with the
                        exception of wholesale trade in medicinal and pharmaceutical products,
                         in toxic products and pathogens, and in coal).
                                      Directive 64/428/EEC
                                      NICE Nomenclature
Major group        Group
11                      Mining and preparation of solid fuels
                   111 Mining and preparation of coal
                   112 Mining and preparation of lignite
12                      Mining of metalliferous ores
                   121 Mining of iron ore
                   122 Mining of non-ferrous metalliferous ores and related activities
ex 13              ex 130 Extraction of petroleum and natural gas (excluding prospecting and
                        drilling)
14                 140 Extraction of building materials and fireclays
19                 190 Extraction of other minerals and of peat
                                                                                               30
 ---pagebreak---                                    Directive 65/264/EEC
                                           (cinema)
                                   Directive 66/162/EEC
                                    ISIC Nomenclature
                   7
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 Forestry
                022 Logging
                         Directives 68/369/EEC and 70/451/EEC
                                    ISIC Nomenclature
ex Group 841         Production, distribution and projection of films
                                              10
                                    Directive 69/82/EEC
                                    ISIC Nomenclature
ex Major Group 13
ex 130                  Exploration (prospecting and drilling)
                        for petroleum and natural gas
                                              11
                                   Directive 70/522/EEC
                                    ISIC Nomenclature
ex Group 6112        Coal
                                                                                    31
 ---pagebreak---                                                                                       ANNEX B
                                       Repealed Directives
Part One: Liberalization Directives
63/261/EEC:        Council Directive of 2 April 1963 laying down detailed provisions for the
                  attainment of freedom of establishment in agriculture in the territory of a
                  Member State in respect of nationals of other countries of the Community
                  who have been employed as paid agricultural workers in that Member State
                  for a continuous period of two years
63/262/EEC:       Council Directive of 2 April 1963 laying down detailed provisions for the
                  attainment of freedom of establishment on agricultural holdings abandoned or
                  left uncultivated for more than two years
63/607/EEC:       Council Directive of 15 October 1963 implementing in respect of the film
                  industry the provisions of the General Programme for the abolition of
                  restrictions on freedom to provide services
64/223/EEC:       Council Directive of 25 February 1964 concerning the attainment of freedom
                  of establishment and freedom to provide services in respect of activities in
                  wholesale trade
64/224/EEC:       Council Directive of 25 February 1964 concerning the attainment of freedom
                  of establishment and freedom to provide services in respect of activities of
                  intermediaries in commerce, industry and small craft industries
64/428/EEC:       Council Directive of 7 July 1964 concerning the attainment of freedom of
                  establishment and freedom to provide services in respect of activities of
                  self-employed persons in mining and quarrying (ISIC Major Groups 11-19)
64/429/EEC:       Council Directive of 7 July 1964 concerning the attainment of freedom of
                  establishment and freedom to provide services in respect of activities of
                  self-employed persons in manufacturing and processing industries falling
                  within ISIC Major Groups 23-40 (industry and small craft industries)
65/1/EEC:         Council Directive of 14 December 1964 laying down detailed provisions for
                  the attainment of freedom to provide services in agriculture and horticulture
65/264/EEC:       Second Council Directive of 13 May 1965 implementing in respect of the
                  film industry the provisions of the General Programmes for the abolition of
                  restrictions on freedom of establishment and freedom to provide services
66/162/EEC:       Council Directive of 28 February 1966 concerning the attainment of freedom
                  of establishment and freedom to provide services in respect of activities of
                  self-employed persons engaging in the provision of electricity, gas, water and
                  sanitary services (ISIC Division 5)
67/43/EEC:        Council Directive of 12 January 1967 concerning the attainment of freedom
                  of establishment and freedom to provide services in respect of activities of
                  self-employed persons concerned with: 1. Matters of "real estate" (excluding
                  6401) (ISIC Group ex 640); 2. The provision of certain "business services
                  not elsewhere classified" (ISIC Group 839)
67/530/EEC:       Council Directive of 25 July 1967 concerning the freedom of nationals of a
                  Member State established as fanners in another Member State to transfer
                  from one holding to another
                                                                                                32
 ---pagebreak---  67/531/EEC:  Council Directive of 25 July 1967 concerning the application of the laws of
              Member States relating to agricultural leases to farmers who are nationals of
              other Member States
 67/532/EEC:  Council Directive of 25 July 1967 concerning freedom of access to
              cooperatives for farmers who are nationals of one Member State and
              established in another Member State
67/654/EEC:   Council Directive of 24 October 1967 laying down detailed provisions for the
              attainment of freedom of establishment and freedom to provide services in
              respect of activities of self-employed persons in forestry and logging
68/192/EEC:   Council Directive of 5 April 1968 concerning freedom of access to the
              various forms of credit for farmers who are nationals of one Member State
              and established in another Member State
68/363/EEC:   Council Directive of 15 October 1968 concerning the attainment of freedom
              of establishment and freedom to provide services in respect of activities of
              self-employed persons in retail trade (ISIC ex Group 612)
68/365/EEC:   Council Directive of 15 October 1968 concerning the attainment of freedom
              of establishment and freedom to provide services in respect of activities of
              self-employed persons in the food manufacturing and beverage industries
              (ISIC Major Groups 20 and 21)
68/367/EEC:  Council Directive of 15 October 1968 concerning the attainment of freedom
             of establishment and freedom to provide services in respect of activities of
             self-employed persons in the personal services sector (ISIC ex Major
             Group 85); 1. Restaurants, cafes, taverns and other drinking and eating
             places (ISIC Group 852); 2. Hotels, rooming houses, camps and other
             lodging places (ISIC Group 853)
68/369/EEC:  Council Directive of 15 October 1968 concerning the attainment of freedom
             of establishment in respect of activities of self-employed persons in film
             distribution
68/415/EEC:  Council Directive of 20 December 1968 concerning freedom of access to the
             various forms of aid for farmers who are nationals of one Member State and
             established in another Member State
69/82/EEC:   Council Directive of 13 March 1969 concerning the attainment of freedom of
             establishment and freedom to provide services in respect of activities of
             self-employed persons engaging in exploration (prospecting and drilling) for
             petroleum and natural gas (ISIC ex Major Group 13)
70/451/EEC:  Council Directive of 29 September 1970 concerning the attainment of
             freedom of establishment and freedom to provide services in respect of
             activities of self-employed persons in film production
70/522/EEC:  Council Directive of 30 November 1970 concerning the attainment of
             freedom of establishment and freedom to provide services in respect of
             activities of self-employed persons in the wholesale coal trade and activities
             of intermediaries in the coal trade (ISIC ex Group 6112)
71/18/EEC:   Council Directive of 16 December 1970 laying down detailed provisions for
             the attainment of freedom of establishment in respect of self-employed
             persons providing agricultural and horticultural services
                                                                                         33
 ---pagebreak--- Part Two:    Directives that provide for transitional measures
64/222/EEC:  Council Directive of 25 February 1964 laying down detailed provisions
             concerning transitional measures in respect of activities in wholesale trade
             and activities of intermediaries in commerce, industry and small craft
             industries
64/427/EEC:  Council Directive of 7 July 1964 laying down detailed provisions concerning
            transitional measures in respect of activities of self-employed persons in
            manufacturing         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)
68/366/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)
68/368/EEC: 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)
70/523/EEC: Council Directive of 30 November 1970 laying down detailed provisions
            concerning transitional measures in respect of activities of self-employed
            persons in the wholesale coal trade and in respect of activities of
            intermediaries in the coal trade (ISIC ex group 6112)
75/368/EEC: Council Directive of 16 June 1975 on measures to facilitate the effective
            exercise of freedom of establishment and freedom to provide services in
            respect of various activities (ex ISIC Division 01 to 85) and, in particular,
            transitional measures in respect of those activities
75/369/EEC: Council Directive of 16 June 1975 on measures to facilitate the effective
            exercise of freedom of establishment and freedom to provide services in
            respect of itinerant activities and, in particular, transitional measures in
            respect of those activities
82/470/EEC: Council Directive of 29 June 1982 on measures to facilitate the effective
            exercise of freedom of establishment and freedom to provide services in
            respect of activities of self-employed persons in certain services incidental to
            transport and 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
                                                                                          34
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 363 final
                                             DOCUMENTS
EN                                                                16 04 06
                                    Catalogue number : CB-CO-97-350-EN-C
                                                             ISBN 92-78-22466-9
Office for Official Publications of the European Communities
L-2985 Luxembourg
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