Article 1 
1. This Directive shall apply, within the limits and under the conditions laid down herein, to the activities of lawyers pursued by way of provision of services. Notwithstanding anything contained in this Directive, Member States may reserve to prescribed categories of lawyers the preparation of formal documents for obtaining title to administer estates of deceased persons, and the drafting of formal documents creating or transferring interests in land. Belgium: Avocat — Advocaat Denmark: Advokat Germany: Rechtsanwalt France: Avocat Ireland: Barrister Solicitor Italy: Avvocato Luxembourg: Avocat-avoué Netherlands: Advocaat United Kingdom: Advocate Barrister Solicitor. Greece: Δικηγόρος. Spain: Abogado Portugal: Advogado . stria: Rechtsanwalt Finland: AsianajajaAdvokat Sweden: Advokat . Czech Republic: Advokát Estonia: Vandeadvokaat Cyprus: Δικηγόρος Latvia: Zvērināts advokāts Lithuania: Advokatas Hungary: Ügyvéd Malta: Avukat/Prokuratur Legali Poland: Adwokat/Radca prawny Slovenia: Odvetnik/Odvetnica Slovakia: Advokát/Komerčný právnik. Bulgaria: Aдвокат Romania: Avocat. Belgium: Avocat — Advocaat Belgium: Avocat — Advocaat Denmark: Advokat Denmark: Advokat Germany: Rechtsanwalt Germany: Rechtsanwalt France: Avocat France: Avocat Ireland: Barrister Solicitor Ireland: Barrister Solicitor Italy: Avvocato Italy: Avvocato Luxembourg: Avocat-avoué Luxembourg: Avocat-avoué Netherlands: Advocaat Netherlands: Advocaat United Kingdom: Advocate Barrister Solicitor. United Kingdom: Advocate Greece: Δικηγόρος. Greece: Δικηγόρος. Spain: Abogado Spain: Abogado Portugal: Advogado . Portugal: Austria: Rechtsanwalt Austria: Finland: AsianajajaAdvokat Finland: AsianajajaAdvokat Sweden: Advokat . Sweden: Czech Republic: Advokát Czech Republic: Advokát Estonia: Vandeadvokaat Estonia: Vandeadvokaat Cyprus: Δικηγόρος Cyprus: Latvia: Zvērināts advokāts Latvia: Zvērināts advokāts Lithuania: Advokatas Lithuania: Advokatas Hungary: Ügyvéd Hungary: Ügyvéd Malta: Avukat/Prokuratur Legali Malta: Avukat/Prokuratur Legali Poland: Adwokat/Radca prawny Poland: Adwokat/Radca prawny Slovenia: Odvetnik/Odvetnica Slovenia: Odvetnik/Odvetnica Slovakia: Advokát/Komerčný právnik. Slovakia: Advokát/Komerčný právnik. Bulgaria: Aдвокат Bulgaria: Aдвокат Romania: Avocat. Romania: Avocat.
Amendment rationale: CONTEXT OF THE PROPOSAL The proposal for a Council Directive adapting certain directives in the field of right of establishment and freedom to provide services is necessitated by the upcoming accession of the Republic of Croatia to the European Union. The Treaty concerning the accession of the Republic of Croatia to the European Union[1] was signed by all Member States of the European Union and the Republic of Croatia at Brussels on 9 December 2011. Article 3 (3) of the Treaty of Accession provides that it shall enter into force on 1 July 2013 provided that all the instruments of ratification have been deposited before that date. Article 3(4) of the Treaty of Accession enables the institutions of the Union to adopt before accession measures referred to, inter alia, in Article 50 of the Act concerning the conditions of accession of the Republic of Croatia[2]. These measures shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession. Article 50 of the Act of Accession provides that where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in this Act or its Annexes, the Council or the Commission (if the original acts were adopted by the Commission) shall adopt the necessary acts. Point 2 of the Final Act[3] refers to the political agreement on a set of adaptations to be adopted by the institutions which was reached between the Member States and Croatia in the context of the approval of the Treaty of Accession; the High Contracting Parties of the Treaty of Accession invited the Council and the Commission to adopt these adaptations before accession in accordance with Article 50 of the Act of Accession, completed and updated where necessary to take account of the evolution of the law of the Union. The present proposal covers all Council directives as well as European Parliament and Council directives which require technical adaptation by reason of the accession of Croatia in the field right of establishment and freedom to provide services – corresponding to negotiation chapter 3. This proposal is part of a series of proposals for Council directives by the Commission to the Council which regroup the technical adaptations to Council directives as well as to European Parliament and Council directives corresponding to negotiation chapters into separate proposals for different Council directives. This structure is designed to facilitate the transposition of the directives concerned by Member States into their respective legal orders. The package of proposals for legal acts which the Commission has transmitted to the Council is composed of this series of proposals for Council directives on the one hand, as well as of a proposal for a single Council regulation which covers the relevant European Parliament and Council regulations and decisions as well as the relevant Council regulations and decisions on the other hand. This is in line with the approach which was taken in the past in view of the accession of Bulgaria and Romania[4]. It is foreseen that all the legal acts included in this package will be published in the Official Journal of the European Union at the same date. The present proposal and the other proposals included in this package will take into account technical adaptations to the acquis which were published in the Official Journal of the European Union until 1 September 2012. The reasons for this are to provide sufficient time for the legislative processes involved on the one hand, and for the fulfilment of the ensuing transposition and notification obligations by Member States as regards directives on the other hand. Adaptations which may be necessary to the acquis which were published in the Official Journal of the European Union after 1 September 2012 will be foreseen in the relevant acts themselves or done at a later stage through the appropriate procedure. In addition, the Commission intends to informally provide a list of such legislation to Member States in early July 2013. 
Revised version (Article 1 ):
1. This Directive shall apply, within the limits and under the conditions laid down herein, to the activities of lawyers pursued by way of provision of services. Notwithstanding anything contained in this Directive, Member States may reserve to prescribed categories of lawyers the preparation of formal documents for obtaining title to administer estates of deceased persons, and the drafting of formal documents creating or transferring interests in land. 2. Belgium: Avocat — Advocaat Denmark: Advokat Germany: Rechtsanwalt France: Avocat Ireland: Barrister Solicitor Italy: Avvocato Luxembourg: Avocat-avoué Netherlands: Advocaat United Kingdom: Advocate Barrister Solicitor. Greece: Δικηγόρος. Spain: Abogado Portugal: Advogado . stria: Rechtsanwalt Finland: AsianajajaAdvokat Sweden: Advokat . Czech Republic: Advokát Estonia: Vandeadvokaat Cyprus: Δικηγόρος Latvia: Zvērināts advokāts Lithuania: Advokatas Hungary: Ügyvéd Malta: Avukat/Prokuratur Legali Poland: Adwokat/Radca prawny Slovenia: Odvetnik/Odvetnica Slovakia: Advokát/Komerčný právnik. Bulgaria: Aдвокат Romania: Avocat Croatia: Odvjetnik/Odvjetnica.
Article 2 
Each Member State shall recognize as a lawyer for the purpose of pursuing the activities specified in Article 1 (1) any person listed in paragraph 2 of that Article.
Article 3 
A person referred to in Article 1 shall adopt the professional title used in the Member State from which he comes, expressed in the language or one of the languages, of that State, with an indication of the professional organization by which he is authorized to practise or the court of law before which he is entitled to practise pursuant to the laws of that State.
Article 4 
1. Activities relating to the representation of a client in legal proceedings or before public authorities shall be pursued in each host Member State under the conditions laid down for lawyers established in that State, with the exception of any conditions requiring residence, or registration with a professional organization, in that State. 2. A lawyer pursuing these activities shall observe the rules of professional conduct of the host Member State, without prejudice to his obligations in the Member State from which he comes. 3. When these activities are pursued in the United Kingdom, ‘rules of professional conduct of the host Member State’ means the rules of professional conduct applicable to solicitors, where such activities are not reserved for barristers and advocates. Otherwise the rules of professional conduct applicable to the latter shall apply. However, barristers from Ireland shall always be subject to the rules of professional conduct applicable in the United Kingdom to barristers and advocates. When these activities are pursued in Ireland ‘rules of professional conduct of the host Member State’ means, in so far as they govern the oral presentation of a case in court, the rules of professional conduct applicable to barristers. In all other cases the rules of professional conduct applicable to solicitors shall apply. However, barristers and advocates from the United Kingdom shall always be subject to the rules of professional conduct applicable in Ireland to barristers. 4. A lawyer pursuing activities other than those referred to in paragraph 1 shall remain subject to the conditions and rules of professional conduct of the Member State from which he comes without prejudice to respect for the rules, whatever their source, which govern the profession in the host Member State, especially those concerning the incompatibility of the exercise of the activities of a lawyer with the exercise of other activities in that State, professional secrecy, relations with other lawyers, the prohibition on the same lawyer acting for parties with mutually conflicting interests, and publicity. The latter rules are applicable only if they are capable of being observed by a lawyer who is not established in the host Member State and to the extent to which their observance is objectively justified to ensure, in that State, the proper exercise of a lawyer's activities, the standing of the profession and respect for the rules concerning incompatibility.
Article 5 
For the pursuit of activities relating to the representation of a client in legal proceedings, a Member State may require lawyers to whom Article 1 applies: — to be introduced, in accordance with local rules or customs, to the presiding judge and, where appropriate, to the President of the relevant Bar in the host Member State; — to work in conjunction with a lawyer who practises before the judicial authority in question and who would, where necessary, be answerable to that authority, or with an ‘avoué’ or ‘procuratore’ practising before it.
Article 6 
Any Member State may exclude lawyers who are in the salaried employment of a public or private undertaking from pursuing activities relating to the representation of that undertaking in legal proceedings in so far as lawyers established in that State are not permitted to pursue those activities.
Article 7 
1. The competent authority of the host Member State may request the person providing the services to establish his qualifications as a lawyer. 2. In the event of non-compliance with the obligations referred to in Article 4 and in force in the host Member State, the competent authority of the latter shall determine in accordance with its own rules and procedures the consequences of such non-compliance, and to this end may obtain any appropriate professional information concerning the person providing services. It shall notify the competent authority of the Member State from which the person comes of any decision taken. Such exchanges shall not affect the confidential nature of the information supplied.
Article 8 
1. Member States shall bring into force the measures necessary to comply with this Directive within two years of its notification and shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 9 
This Directive is addressed to the Member States.