Sociologie du travail , 48 2 , Du travail collectif au collectif de travail. Comparaison de deux bureaux. Espaces de rue, espaces de paroles. La fonction psychologique du travail. Ecole Pratique des Hautes Etudes. De la Garza, C. Benchekroun, Le travail collectif: Les relations de service.
Le Travail Humain , 61, Du macro au micro: Communication et intelligence collective: The proposal follows an open consultation of Member State authorities, professional associations and other interested parties, which has allowed those most directly concerned to make their views known. The proposal therefore respects and applies some of the main lines of action identified in the White Paper on European Governance. The legal basis is the same as for the directives proposed for repeal. Article 40 of the EC Treaty lays down that "the measures required to bring about freedom of movement for workers [ As regards the right of establishment, Article 47 of the EC Treaty lays down that directives shall be issued, in accordance with the procedure referred to in Article , "for the mutual recognition of diplomas, certificates and other evidence of formal qualifications", as well as for "for the coordination of the provisions laid down by law, regulation or administrative action in the Member States concerning the taking-up and pursuit of activities as self-employed persons".
In so far as implementation of this Directive does not involve, in the Member States, any change in the current legislative principles governing the structure of professions as regards training and conditions for access by natural persons, the Council acts by a qualified majority in accordance with Article 47 2 of the EC Treaty. Those powers must be exercised in compliance with Article 5 of the EC Treaty, that is if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.
Moreover, the Community action must not go beyond what is necessary to achieve the desired objectives. This proposal meets those requirements. The content and organisation of the education system and vocational training are a matter exclusively for the Member States, in accordance with Articles and of the EC Treaty. Furthermore, the Member States are responsible for determining, on their national territory, the qualifications and other conditions laid down for taking up and exercising a given profession, and for the activities covered by the profession in question.
Those national rules can give rise to barriers to the free movement of workers, freedom of establishment and the freedom to provide services Articles 39, 43 and 49 of the EC Treaty. To make these freedoms effective, it is therefore necessary to lay down common rules allowing Community nationals to have their professional qualifications recognised in the other Member States with a view to exercising a regulated profession there.
Such rules can only be established at Community level. The new rules set out in this proposal have been drafted in compliance with the principle of subsidiarity. The establishment of greater liberalisation in the field of the freedom to provide services, close partnership between the public and private sectors through the professional platforms, increased use of comitology procedures and a more central role for the competent national authorities, is only the practical application of that principle.
Community action must be limited, in both form and substance, to what is strictly necessary to ensure that the objective pursued by the proposal is achieved and implemented effectively. The legal instrument of the directive, proposed in accordance with Article 47 of the EC Treaty, meets that requirement, in so far as it binds the Member States as to the result to be achieved, whilst leaving them the choice of the form and the most suitable methods of achieving that result.
Moreover, this proposal consolidates the existing legal instruments in the field of recognition of professional qualifications, while simplifying and improving the system of recognition in the light of the experience gained. The new rules set out in this proposal comply with the principle of proportionality. The means devised for achieving greater liberalisation in the field of the freedom to provide services, close partnership between the public and private sectors through the professional platforms, increased use of comitology procedures and a more central role for the competent national authorities in implementing the Directive do not go beyond what is needed to achieve the desired objectives.
In accordance with the EC Treaty, Article 2 lays down that the Directive applies solely to Community nationals, when the profession which the applicant wishes to pursue is regulated in the host Member State, and when the applicant has obtained his professional qualifications in a Member State other than that in which he wishes to pursue the profession. Article 3 essentially maintains the definitions currently contained in the general system directives concerning the concepts of regulated profession, professional qualifications and evidence of formal training including any evidence of formal qualifications obtained in a third country, once it has been recognised by a first Member State where the applicant has pursued the profession for at least three years.
Article 4 sets out the effects of professional recognition and introduces the obligation on the host Member State to allow partial access on its territory to a regulated profession which in fact combines two distinct and autonomous professional activities. Article 5 lays down that the Member States may not, for reasons relating to professional qualifications, restrict the freedom to provide services when the beneficiary is legally established in another Member State. This is immediately applicable when the profession is regulated in the Member State of establishment.
Where the Member State of establishment does not regulate the profession, the person providing services in another Member State must in addition have pursued the activity in question for two years in the former Member State. In view of the relaxation of requirements with regard to the provision of services, as compared with establishment, and in order to avoid those rules being invoked in cases which in fact concern establishment rather than the provision of services, it appears necessary to clarify the actual concept of provision of services for the purposes of this Directive.
It is proposed that the criteria derived from the case law of the Court of Justice [22] be strengthened by basing a presumption on a time criterion set at 16 weeks. Article 6 takes over the acquis of the sectoral directives as regards the dispensation from any authorisation or registration with a professional or social security body. Article 7 lays down the obligation to inform the contact point in the Member State of establishment when the services are provided by movement of the provider.
Pursuant to Article 8, the nationality of service providers and their lawful pursuit of the activity in the Member State of establishment must be verified by the host Member State through an exchange of information with the competent authorities of the Member State of establishment. Where applicable, the host Member State may also verify, with the contact point in the Member State of establishment, whether the provider has exercised the profession for at least two years in that Member State.
With a view to consumer protection, Article 9 contains the obligation on the service provider to provide the recipient of the service with a certain amount of information. Chapter III sets out the conditions to which recognition of professional qualifications is subject and the rules for implementing the recognition mechanisms within the framework of freedom of establishment. The various mechanisms currently provided for in the general system and sectoral directives, respectively, are maintained in principle.
Changes are proposed in order to simplify the current system. It is extended in a subsidiary manner to all cases which are not eligible for automatic recognition on the basis of professional experience or the coordination of minimum training conditions. Recognition is granted on the basis of the Directive only if the level required in the host Member State is no higher than the level immediately above that attested by the applicant's evidence of qualifications.
Article 14 maintains the possibility for the host Member State to make recognition of qualifications subject to the applicant's completing a compensation measure, which can be either an aptitude test or an adaptation period. However, the possibility for a Member State to require professional experience rather than a compensation measure in the event of substantial differences relating to the duration and not the content of training is abolished.
It is also proposed that the automatic derogations for professions involving a knowledge of national law be abolished, as this is in line with the provisions governing recognition of lawyers' authorisation to practise. Lastly, it is proposed that the current provisions on derogations from the migrant's right to choose between the aptitude test and the adaptation period be simplified. The concept of "matters which are substantially different" can only be defined preciselycase by case. It is nevertheless proposed that the principle of the proportionality of the measure be incorporated into the Directive, meaning in particular that the relevant professional experience of the applicant must be taken into account.
Article 15 provides for dispensation from compensation measures where the applicant's qualifications meet the criteria laid down by a decision of the Committee on Recognition of Professional Qualifications pursuant to the comitology procedure regulation. These criteria would be proposed by a professional association in the context of a common platform established at European level and providing adequate guarantees as regards the applicant's level of qualification.
It appeared appropriate to simplify the system by regrouping the existing categories. By making a number of amendments in substance, it was possible to reduce the number of categories of professional experience to two, based on professional experience of three or five years in a self-employed capacity or as a manager of an undertaking.
The comitology procedure regulation is applicable with a view to amending the list of professional activities set out in the Annex. This section takes over the existing principles governing the automatic recognition of evidence of training while maintaining the guarantees set out in the current sectoral directives. Certain aspects were the subject of a standardisation of the systems in order to simplify matters.
These articles take over the relevant existing provisions for coordination of the minimum training conditions, automatic recognition of evidence of formal training and, if necessary, the detailed arrangements for such recognition , access to the professions concerned, the exercise of the professional activities in question, the procedures for including the evidence of training in the Annex, and acquired rights. In a move to simplify the system, particularly with a view to enlargement, this means that only those medical specialisations which are common to and obligatory for all the Member States will henceforth benefit from automatic recognition;.
The comitology regulation procedure applies to changing the minimum duration of training in medical specialisations, for the introduction into the Annex of new medical specialisations which are common to and obligatory for all Member States, and for updating the knowledge and competences and the list of subjects set out in the Annex with a view to adapting them to scientific and technical progress. In accordance with Article 46, when deciding on a request to exercise a regulated profession in the implementation of the provisions on establishment, the competent authorities of the host Member State may require the specific documents and certificates set out in the Annex.
Article 47 strengthens the existing rules of procedure, in particular through the generalised application of the three-month period granted to the competent national authorities to decide on requests for recognition and by introducing the obligation on those authorities to acknowledge receipt of the file and, where applicable, to inform the applicant of any missing document. Article 48 essentially takes over the existing rules on the use of the professional title of the host Member State and lays down, in this respect, the rules applicable in the event of partial access to the profession in accordance with Article 4 3 of the Directive.
Having regard to the case law of the Court of Justice [23], Article 49 allows the host Member State to require the applicant to have the language skills needed to practise the profession. Assessment of the compatibility of the requirement imposed with Community law must be based on its proportionality as regards the needs of the profession. Where the competent authority considers that the applicant does not have the necessary language skills, it is for the host Member State to ensure that the applicant can acquire the missing skills.
These articles lay down the arrangements for practising the profession relating to the use of title and the conclusion of an agreement with a sickness insurance fund, which are common to the provision of services and establishment. Article 52 extends to the whole of the Directive the obligation on the competent authorities of the Member State of origin and the host Member State to cooperate closely in order to ensure that the provisions of the Directive are applied adequately and to avoid the rights deriving from it being deflected from their objective and used in a fraudulent fashion.
In addition, the Member States must appoint a coordinator responsible for promoting the uniform application of the Directive and collecting information useful for its implementation. Article 53 is intended to put the role of the contact points onto a more formal basis, since networks have been set up for dealing with certain cases covered in general terms by the Internal Market and, more recently, for the recognition of professional qualifications.
Article 54 sets up a single committee to administer the Directive and its updating, which replaces all the committees set up under the previous system. This is a "comitology" committee acting in accordance with the regulation procedure as set out in the relevant provisions. The committee can also be seized of all questions concerning the working of the Directive.
Article 55 lays down the obligation on the Member States to inform the Commission every two years about the application of the system of recognition of professional qualifications.
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Article 56 lays down that, in the event of major difficulties in applying a provision of the Directive, the Commission will examine these in collaboration with the Member State concerned. Where applicable, the Commission will present the committee with suitable proposals addressed to a Member State with a view to derogating from the application of that provision on its territory for a limited period. Such measures are adopted according to the comitology regulation procedure.
Pursuant to Article 57, the existing directives on the recognition of professional qualifications are repealed. Articles 58 to 60 set out the final provisions on implementation, entry into force and addressees of the Directive. Having regard to the Treaty establishing the European Economic Community, and in particular Article 40, Article 47 1 , the first and third sentences of Article 47 2 , and Article 55 thereof,. For nationals of the Member States, this includes, in particular, the right to exercise a profession, in a self-employed or employed capacity, in a Member State other than the one in which they have obtained their professional qualifications.
In addition, Article 47 1 of the Treaty lays down that directives shall be issued for the mutual recognition of diplomas, certificates and other evidence of formal qualifications. Moreover, the relevant directives have been amended on several occasions, and their provisions must be reorganised and rationalised by standardising the principles applicable.
However, pursuant to Articles 10, 39 and 43 of the EC Treaty, they may not require a national of a Member State to obtain qualifications, which they generally lay down only in terms of the diplomas awarded under their national educational system, where the person concerned has already obtained all or part of their qualifications in another Member State. As a result, it should be laid down that any host Member State in which a profession is regulated must take account of the qualifications obtained in another Member State and assess whether they correspond to those which it requires.
This measure must be proportionate and, in particular, take account of the applicant's professional experience. Experience shows that requiring the migrant to choose between an aptitude test or an adaptation period offers adequate safeguards as regards the latter's level of qualification, so that any derogation from that choice should in each case be justified by an imperative requirement in the general interest.
The Directive should take account, under certain conditions and in compliance with Community law, and in particular Community law on competition, of those initiatives, while promoting, in this context, a more automatic character of recognition under the general system. In addition, access in the Member States to the professions of doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, midwife and pharmacist must be made conditional upon the possession of a given qualification ensuring that the person concerned has undergone training which meets the minimum conditions laid down.
This system must be supplemented by a number of acquired rights from which qualified professionals benefit under certain conditions. The Member States cannot therefore recognise any medical specialism which has a field of professional activity similar to that of general practitioners.
Those medical specialisms which are common to a limited number of Member States must be incorporated into the general system for recognition without prejudice to the established rights.
In practice, the effects of this amendment should be limited for the migrant, in so far as these situations should not be subject to compensation measures. Moreover, this Directive is without prejudice to the possibility for Member States to establish, amongst themselves, automatic recognition for certain medical and dental specialisms common to them according to their own rules.
Le choix de la prévention
The Member States must ensure that the training given to dental practitioners equips them with the skills needed for prevention, diagnosis and treatment relating to anomalies and illnesses of the teeth, mouth, jaws and associated tissues. The professional activity of the dental practitioner must be carried out by holders of a qualification as dental practitioner set out in this Directive.
Rather, the latter should have the greatest possible freedom to organise their training. In defining this minimum range, this Directive must neither have the effect of limiting the activities accessible to pharmacists in the Member States - in particular as regards medical biology analyses - nor create a monopoly for those professionals, as this remains a matter solely for the Member States. The provisions of this Directive are without prejudice to the possibility for the Member States to impose supplementary training conditions for access to activities not included in the coordinated minimum range of activities.
This means that the host Member State must be able to impose these conditions on the nationals who hold qualifications which are covered by automatic recognition within the meaning of this Directive. In particular, the geographical distribution of pharmacies and the monopoly for dispensing medicines remain a matter for the Member States.
This Directive leaves unchanged the legislative, regulatory and administrative provisions of the Member States forbidding companies from exercising certain pharmacist's activities or subjecting them to certain conditions. Mutual recognition of qualifications must therefore be based on qualitative and quantitative criteria which ensure that the holders of recognised qualifications are in a position to understand and translate the needs of individuals, social groups and authorities as regards spatial planning, the design, organisation and realisation of structures, conservation and the exploitation of the architectural heritage, and protection of natural balances.
In most Member States, activities in the field of architecture are exercised, de jure or de facto, by persons bearing the title of architect alone or accompanied by another title, without those persons having a monopoly on the exercise of such activities, unless there are legislative provisions to the contrary. These activities, or some of them, may also be exercised by other professionals, in particular by engineers who have undergone special training in the field of construction or the art of building. With a view to simplifying this Directive, reference should be made to the concept of "architect" in order to delimit the scope of the provisions relating to the automatic recognition of the qualifications, without prejudice to the special features of the national regulations governing those activities.
There is therefore a need to simplify the administration and updating of this Directive to take account of scientific and technical progress, in particular where the minimum conditions of training are coordinated with a view to automatic recognition of qualifications. A single committee for the recognition of professional qualifications must be set up for this purpose.
In this context, it is for the Member States to adopt the detailed arrangements under which, through suitable ongoing training, professionals will keep abreast of technical and scientific progress. This Directive confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose. This Directive establishes rules according to which a Member State which makes access to or pursuit of a regulated profession in its territory contingent upon possession of specific professional qualifications referred to hereafter as the "host Member State" shall accept professional qualifications obtained in one or more other Member States referred to hereafter as the "home Member State" and which allow the holder of the said qualifications to pursue the same profession there, as a sufficient condition for access to and pursuit of that profession.
This Directive shall apply to all nationals of a Member State wishing to practise a regulated profession in a Member State other than that in which they obtained their professional qualifications, on either a self-employed or employed basis. Each Member State may permit persons in possession of evidence of formal qualifications not obtained in a Member State to perform regulated professional activities on its territory, in accordance with its rules.
A profession practised by the members of an association or organisation listed in Annex I is treated as a regulated profession. On each occasion that a Member State grants recognition to an association or organisation referred to in the first paragraph, it shall inform the Commission, which shall issue an appropriate notification in the Official Journal of the European Communities. Evidence of formal training issued by a non-member country shall be regarded as evidence of formal qualifications if the holder has three years' professional experience, certified by the Member State which recognised that evidence of formal qualifications in accordance with Article 2 2.
The recognition of professional qualifications by the host Member State allows the beneficiary to gain access in that Member State to the same profession to that for which he is qualified in the home Member State and to practise it in the host Member State with the same rights as its nationals.
For the purposes of this Directive, the profession which the applicant wishes to pursue in the host Member State is the same as that for which he is qualified in his home Member State if the activities covered are similar. Where the profession for which the applicant is qualified in the home Member State constitutes an autonomous activity a profession covering a wider field of activities in the host Member State and where the difference cannot be made up by a compensatory measure referred to in Article 14, the recognition of the applicant's qualifications gives him access to that activity alone in the host Member State.
Without prejudice to Article 6 2 , Member States shall not restrict, for any reason relating to professional qualifications, the free provision of services in another Member State:. For the purposes of this Directive, where the service provider moves to the territory of the host Member State, the pursuit of a professional activity for a period of not more than sixteen weeks per year in a Member State by a professional established in another Member State shall be presumed to constitute a "provision of services".
The presumption referred to in the previous paragraph shall not preclude assessment on a case-by-case basis, for example, in the light of the duration of the provision, its frequency, regularity and continuity. The service shall be provided under the professional title of the Member State in which the service provider is legally established, insofar as such a title exists in that Member State for the professional activity in question. That title shall be indicated in the official language or one of the official languages of the Member State of establishment in such a way as to avoid any confusion with the professional qualification of the host Member State.
Pursuant to Article 5 1 , the host Member State shall exempt service providers established in another Member State from the requirements which it places on professionals established in its territory relating to:. The service provider shall, however, inform in advance or, in an urgent case, afterwards, the body referred to in point b of the first paragraph of the services which he has provided. Where the service provider moves in order to provide services, he shall, in advance, inform the contact point of the Member State of establishment, referred to in Article In urgent cases, the service provider shall inform the contact point of that Member State as soon as possible after the services have been provided.
The competent authorities of the host Member State may ask the competent authorities of the Member State of establishment to provide proof of the service provider's nationality and proof that he is legally practising the activities in question in that Member State. The competent authorities of the Member State of establishment shall provide this information in accordance with the provisions of Article Furthermore, in the cases referred to in Article 5. Such proof may take any form. In addition to the other requirements relating to information contained in Community law, the Member States shall ensure that the service provider furnishes the recipient of the services with the following information:.
This Chapter applies to all professions which are not covered by Chapters II and III of this Title and to all cases in which the applicant does not satisfy the conditions laid down in those Chapters. For the purpose of applying Article 13, the following five levels of professional qualification are established:. Level 2 corresponds to training at secondary level, of a professional nature or general in character, supplemented by a professional course. Level 3 corresponds to training at post-secondary level and of a duration of at least one year and less than three years.
The courses listed in Annex II are specific examples;. The regulated training courseslisted in Annex III are specific examples.
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Level 4 corresponds to a course of training at higher or university level and of a duration of at least three years and less than four years. The following shall be treated as level-4 training: Regulated training which is directly aimed at the practice of a particular profession and which consist of a three-year programme of post-secondary study or a part-time programme of post-secondary study of equivalent duration, carried out in a university or an institution providing an equivalent level of training, and, possibly, professional training, probationary or professional practice required in addition to the programme of post-secondary study.
The structure and level of the professional training, probationary or professional practice shall be laid down in the legislative, regulatory or administrative provisions of the Member State in question or be subject to control or approval by the authority designated for that purpose. Level 5 corresponds to training at higher education level and of a minimum duration of four years.
The following shall be treated as level-5 training: The structure and level of the professional training, probationary or professional practice shall be laid down in the legislative, regulatory or administrative provisions of the Member State in question or be subject to supervision or approval by the authority designated for that purpose.
Any document or set of documents issued by a competent authority in a Member State, certifying successful completion of training in the Community, recognised by that Member State as being of an equivalent level and conferring on the holder the same rights of access to or pursuit of a profession, shall be treated as proof of training of the type covered by Article 11, including the level in question. Any professional qualification which, although not satisfying the requirements contained in the legislative, regulatory or administrative provisions in force in the home Member State for access to or the practice of a profession, confers on the holder acquired rights by virtue of these provisions, shall be treated as a professional qualification under the first paragraph and under the same conditions.
If access to or pursuit of a regulated profession in a host Member State is contingent upon possession of specific professional qualifications, the competent authority of that Member State shall permit access to and pursuit of that profession, under the same conditions as apply to its nationals, to applicants possessing the attestation of competence or evidence of formal training required by another Member State in order to gain access to and pursue that profession on its territory.
Attestations of competence or evidence of formal training shall satisfy the following conditions:. Access to and pursuit of the profession, as described in paragraph 1, shall also be granted to applicants who have practised the profession referred to in that paragraph on a full-time basis for two years during the previous 10 years in another Member State which does not regulate that profession, providing they possess one or more attestations of competence or documents providing evidence of formal training.
Attestations of competence and evidence of formal training shall satisfy the following conditions:. The two years' professional experience referred to in the first subparagraph may not, however, be required if the evidence of formal training which the applicant possesses, and which is referred to in that subparagraph, certifies regulated training within the meaning of Article Article 13 does not preclude the host Member State from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if:.
If the host Member State makes use of the option provided for in paragraph 1, it must offer the applicant the choice between an adaptation period and an aptitude test. Where a Member State considers, with respect to a given profession, that it is necessary to derogate from the requirement, set out in the previous subparagraph, that it give the applicant a choice between an adaptation period and an aptitude test, it shall inform the other Member States and the Commission in advance and provide sufficient justification for the derogation.
If, after receiving all necessary information, the Commission considers that the derogation referred to in the second subparagraph is inappropriate or that it is not in accordance with Community law, it shall, within three months, ask the Member State in question to refrain from taking the envisaged measure.
In the absence of a response from the Commission within the above-mentioned deadline, the derogation may be applied. For the purpose of applying paragraph 1 b and c , "substantially different matters" means matters of which knowledge is essential for practising the profession and with regard to which the training received by the migrant shows important differences in terms of duration or content from the training required by the host Member State. Paragraph 1 shall be applied with due regard to the principle of proportionality.
In particular, if the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the knowledge acquired by the applicant in the course of his professional experience in a Member State or in a non-member country, is of a nature to cover, in full or in part, the substantial difference referred to in paragraph 3. Professional associations may notify the Commission of common platforms which they establish at European level. For the purposes of this Article, "common platform" means a set of criteria of professional qualifications which attest to a sufficient level of competence for the pursuit of a given profession and on the basis of which those associations accredit the qualifications obtained in the Member States.
If the Commission is of the opinion that the platform in question facilitates the mutual recognition of professional qualifications, it shall inform the Member States thereof and shall take a decision in accordance with the procedure referred to in Article 54 2. Where the applicant's qualifications satisfy the criteria established by a decision within the meaning of paragraph 1, the host Member State shall waive application of Article If a Member State considers that a common platform no longer offers adequate guarantees with regard to professional qualifications, it shall inform the Commission accordingly, which shall, if appropriate, take a decision in accordance with the procedure referred to in Article 54 2.
If, in a Member State, access to or pursuit of one of the activities listed in Annex IV is contingent upon possession of general, commercial or professional knowledge and aptitudes, that Member State shall recognise previous pursuit of the activity in another Member State as sufficient proof of such knowledge and aptitudes.
The activity must have been pursued in accordance with Articles 17 and For the activities in list I of Annex IV, the activity in question must have been previously pursued:. In cases a and d , the activity must not have finished more than 10 years before the date on which the complete application was submitted by the person concerned to the competent authority referred to in Article For the activities in list II of Annex IV, the activity in question must have been previously pursued:.
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In cases a and c , the activity must not have ended more than ten years prior to the date on which the complete application is presented by the person concerned to the competent authority referred to in Article The lists of activities in Annex IV which are the subject of recognition of professional experience pursuant to Article 16 may be amended in accordance with the procedure referred to in Article 54 2. Each Member State shall recognise evidence of training giving access to the professional activities of general practitioner and specialised doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, pharmacist and architect, listed in Annex V, points 5.
Such evidence of formal qualifications must be issued by the competent bodies in the Member States and accompanied, where appropriate, by the certificates listed in Annex V, points 5. The provisions of subparagraphs 1 and 2 do not affect the acquired rights referred to in Articles 21, 25, 31, 34 and Each Member State shall recognise, for the purpose of pursuing general medical activities in the framework of its national social security system, evidence of formal training listed in Annex V, point 5.
The provisions of the previous subparagraph do not affect the acquired rights referred to in Article Each Member State shall recognise evidence of formal training as a midwife, awarded to nationals of Member States by the other Member States, listed in Annex V, point 5. This provision does not affect the acquired rights referred to in Articles 21 and Evidence of formal training as an architect referred to in Annex V, point 5.
Each Member State shall make access to and pursuit of the professional activities of doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists subject to possession of evidence of formal training referred to in Annex V, points 5. The knowledge and aptitudes referred to in Annex V, points 5. Such updates shall not entail, for any Member State, an amendment of its existing legislative principles regarding the structure of professions as regards training and conditions of access by natural persons.
Each Member State shall notify the Commission of the legislative, regulatory and administrative provisions which it adopts with regard to the issuing of evidence of formal training in the area covered by this Chapter. The Commission shall publish an appropriate communication in the Official Journal of the European Communities, indicating the titles adopted by the Member States for evidence of formal training and, where appropriate, the body which issues the evidence of formal training, the certificate which accompanies it and the corresponding professional title referred to in Annex V, points 5.
Without prejudice to the acquired rights specific to the professions concerned, in cases where the evidence of medical training provides access to the professional activities of general practitioners and specialised doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists held by nationals of Member States do not satisfy all the training requirements referred to in Articles 22, 23, 29, 32, 35, 36 and 40, each Member State shall recognise as sufficient proof certificates of training issued by those Member States insofar as they attest successful completion of training which began before the reference dates laid down in Annex V, points 5.
The same provisions shall apply to evidence of medical training providing access to the professional activities of general practitioners, specialised doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists obtained in the territory of the former German Democratic Republic and which do not satisfy all the minimum training requirements laid down in Articles 22, 23, 29, 32, 35, 36 and 40 if they certify successful completion of training which began before:.
The evidence of training referred to in the first subparagraph confers on the holder the right to pursue professional activities throughout German territory under the same conditions as evidence of formal training issued by the competent German authorities referred to in Annex V, points 5.
Each Member State shall recognise as sufficient proof for nationals of Member States whose evidence of formal training as a doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, midwife and pharmacist does not correspond to the titles given for that Member State in Annex V, points 5. The certificate referred to in the first subparagraph shall state that the evidence of formal training certifies successful completion of training in accordance with Articles 22, 23, 26, 29, 32, 35, 36 and 40 respectively of this Directive and is treated by the Member State which issued it in the same way as the qualifications whose titles are listed in Annex V, points 5.
Admission to basic medical training shall be contingent upon possession of a diploma or certificate providing access, for the studies in question, to universities or institutes of a Member State which provide higher education of a level recognised as being of an equivalent level, for the studies in question, of a Member State. Basic medical training shall comprise a total of at least six years of study or 5 hours of theoretical and practical training provided by, or under the supervision of, a university. For persons who began their studies before 1 January , the course of training referred to in paragraph 1 may comprise six months of full-time practical training at university level under the supervision of the competent authorities.
Continuous training shall ensure, in accordance with the procedures specific each Member State, that persons who have completed their studies are able to keep abreast of medical progress. Admission to specialist medical training shall be contingent upon completion and validation of six years of study as part of a training programme referred to in Article 22 in the course of which the trainee has acquired the relevant knowledge of general medicine.
Specialist medical training shall comprise theoretical and practical training at a university or medical teaching hospital or, where appropriate, a medical care establishment approved for that purpose by the competent authorities or bodies. The Member States shall ensure that the minimum duration of specialist medical training courses referred to in Annex V, point 5. Training shall be given under the supervision of the competent authorities or bodies. It shall include personal participation of the trainee specialised doctor in the activity and responsibilities entailed by the services in question.
Training shall be given on a full-time basis at specific establishments which are recognised by the competent authorities.
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It shall entail participation in the full range of medical activities of the department where the training is given, including duty on call, in such a way that the trainee specialist devotes all his professional activity to his practical and theoretical training throughout the entire working week and throughout the year, in accordance with the procedures laid down by the competent authorities.
Accordingly, these posts shall be the subject of appropriate remuneration. This training may be interrupted for reasons such as military service, scientific missions, pregnancy or illness. Such interruptions may not result in a reduction in the overall duration of the training. By way of exception, the Member States may authorise part-time specialist training, under conditions allowed by the competent national authorities, if, in the light of individual justified circumstances, full-time training is not feasible.
The competent authorities shall ensure that the overall duration and quality of part-time specialist training shall not be lower than that of full-time training. This level may not be compromised by the part-time nature of the training, nor by the pursuit of paid professional activity.
The part-time training of specialised doctors shall satisfy the same requirements as full-time training, from which it is distinguished only by the possibility of limiting the participation in medical activities to a duration of at least half of that provided for with full-time training. The Member States shall make the issuance of evidence of specialist medical training contingent upon possession of evidence of basic medical training referred to in Annex V, point 5.
The minimum periods of training referred to in Annex V, point 5. Evidence of formal training as a specialised doctor referred to in Article 20 is such evidence awarded by the competent authorities or bodies referred to in Annex V, point 5. The inclusion in Annex V, point 5. A host Member State may require of specialised doctors whose part-time specialist medical training was governed by legislative, regulatory and administrative provisions in force as of 20 June and who began their specialist training no later than 31 December that their evidence of formal training be accompanied by a certificate stating that they have been effectively and lawfully engaged in the relevant activities for at least three consecutive years during the five years preceding the award of that certificate.
Every Member State which applies relevant legislative, regulatory or administrative provisions shall accept as sufficient proof evidence of formal training as a specialised doctor issued by other Member States which correspond, for the specialist training in question, to the titles listed in Annex VI, point 6. The same provisions shall apply to evidence of specialist medical training obtained in the territory of the former German Democratic Republic if they attest a course of training which began before 3 April and confer on the holder the right to pursue the professional activities throughout German territory under the same conditions as evidence of formal training awarded by the competent German authorities referred to in Annex VI, point 6.
Every Member State which applies relevant legislative, regulatory or administrative provisions shall accept evidence of specialist medical training corresponding, for the specialist training in question, to the titles listed in Annex VI, point 6. Every Member State which has repealed its legislative, regulatory or administrative provisions relating to the award of certificates of specialist medical training referred to in Annex VI, point 6. Admission to general medical training shall be contingent on the completion and validation of six years of study as part of a training programme referred to in Article The training of general practitioners leading to the award of evidence of formal qualifications issued before 1 January shall be of a duration of at least two years on a full-time basis.
In the case of certificates of training issued after that date, the training shall be of a duration of at least three years on a full-time basis. Where the training programme referred to in Article 22 comprises practical training given by an approved hospital possessing appropriate general medical equipment and services or as part of an approved general medical practice or an approved centre in which doctors provide primary medical care, the duration of that practical training may, up to a maximum of one year, be included in the duration provided for in the first subparagraph for certificates of training issued on or after 1 January The option provided for in the second subparagraph is only available for Member States in which the training of general practitioners lasted two years as of 1 January The training of general practitioners shall be carried out on a full-time basis, under the supervision of the competent authorities or bodies.
It shall be more practical than theoretical. The practical training shall be given, on the one hand, for at least six months in an approved hospital possessing appropriate equipment and services and, on the other hand, for at least six months as part of an approved general medical practice or an approved centre at which doctors provide primary health care. The practical training shall take place in conjunction with other health establishments or structures concerned with general medicine. Without prejudice to the minimum periods laid down in the second subparagraph, however, the practical training may be given during a period of not more than six months in other approved establishments or health structures concerned with general medicine.
The training shall require the personal participation of the trainee in the professional activity and responsibilities of the persons with whom he is working. By way of exception, Member States may authorise specific courses of general medical training on a part-time basis, of a level qualitatively equivalent to full-time training, insofar as the following conditions are met:.
The number and duration of these periods of full-time training must be such as to provide adequate preparation for the practice of general medicine. Member States shall make the issuance of evidence of general medical training subject to possession of one of the certificates of general medical training referred to in Annex V, point 5.
Member States may issue certificates of training referred to in Annex V, point 5. They may not, however, award evidence of formal training unless it attests knowledge of a level equivalent to the knowledge acquired from the training provided for in this Article. Member States shall determine, inter alia, the extent to which the complementary training and professional experience already acquired by the applicant may replace the training provided for in this Article.
The Member States may only issue the evidence of formal training referred to in Annex V, point 5. Each Member State shall, subject to the provisions relating to acquired rights, make the pursuit of the activities of a general practitioner in the framework of its national social security system contingent upon possession of evidence of formal training referred to in Annex V, point 5.
Member States may exempt persons who are currently undergoing specific training in general medicine from this condition. Each Member State shall determine the acquired rights. It shall, however, confer as an acquired right the right to perform the activities of a general practitioner in the framework of its national social security system, without the evidence of formal qualifications referred to in Annex V, point 5. The competent authorities of each Member State shall, on demand, issue a certificate stating the holder's right to pursue the activities of general practitioner in the framework of their national social security systems, without the evidence of formal qualifications referred to in Annex V, point 5.
Every Member State shall recognise the certificates referred to in paragraph 1, second subparagraph, awarded to nationals of Member States by the other Member States, and shall give such evidence the same effect on its territory as evidence of formal training which it awards and which permit the pursuit of the activities of a general practitioner in the framework of its national social security system.
Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 10 years, as attested by a diploma. Training of nurses responsible for general care shall be given on a full-time basis and shall include at least the programme described in Annex V, point 5. The content listed in Annex V, point 5. Such updates may not entail, for any Member State, any amendment of its existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.
The training of nurses responsible for general care shall comprise at least three years of study or 4 hours of theoretical and clinical training, the duration of the theoretical training representing at least one-third and the duration of the clinical training at least one-half of the minimum duration of the training. Member States may grant partial exemptions to persons who have received part of their training on courses which are of at least an equivalent level.
The Member States shall ensure that institutions providing nurse training are responsible for the coordination of theoretical and clinical training throughout the entire study programme. By way of exception, the Member States may authorise part-time training under conditions allowed by the competent national authorities.
The total duration of part-time training may not be less than that of full-time training, and the level of training may not be compromised by the fact that it is given on a part-time basis. Theoretical training is that part of nurse training from which trainee nurses acquire the professional knowledge, insights and aptitudes necessary for organising, dispensing and evaluating overall health care. The training shall be given by teachers of nursing care and by other competent persons, in nursing schools and other training establishments selected by the training institution.
The trainee nurse shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within the health institute or in the community. This training shall take place in hospitals and other health institutions and in the community, under the responsibility of nursing teachers, in cooperation with and assisted by other qualified nurses.
Other qualified personnel may also take part in the teaching process.
Trainee nurses shall participate in the activities of the department in question insofar as those activities are appropriate to their training, enabling them to learn to assume the responsibilities involved in nursing care. For the purposes of this Directive, the professional activities of nurses responsible for general care are the activities performed on a professional basis and referred to in Annex V, point 5.
Where the general rules of acquired rights apply to nurses responsible for general care, the activities referred to in Article 21 must have included full responsibility for the planning, organisation and administration of nursing care delivered to the patient. Admission to training as a dental practitioner presupposes possession of a diploma or certificate giving access, for the studies in question, to universities or higher institutes of a level recognised as equivalent, in a Member State.
Dental training shall comprise a total of at least five years of full-time theoretical and practical study, comprising at least the programme described in Annex 5.