Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (Text with EEA relevance)

Type Directive
Publication 2005-09-30
Last updated 2025-10-29
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 83
Reform history JSON API
  • (d) adequate knowledge to evaluate scientific data concerning medicines in order to be able to supply appropriate information on the basis of this knowledge;
  • (e) adequate knowledge of the legal and other requirements associated with the pursuit of pharmacy;
  • (f) adequate knowledge of clinical pharmacy and pharmaceutical care, as well as the skills of their practical application;
  • (g) adequate knowledge and skills of public health and its repercussions in health promotion and disease management;
  • (h) adequate knowledge and skills on inter- and multidisciplinary collaboration, interprofessional practice and communication;
  • (i) adequate knowledge of information technology and digital technology and skills on its practical application.
Article 45
Pursuit of the professional activities of a pharmacist
1.

For the purposes of this Directive, the activities of a pharmacist are those, access to which and pursuit of which are contingent, in one or more Member States, upon professional qualifications and which are open to holders of evidence of formal qualifications of the types listed in Annex V, point 5.6.2.

2.

The Member States shall ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfies the requirements of Article 44, are able to gain access to and pursue at least the following activities, subject to the requirement, where appropriate, of supplementary professional experience:

  • (a) preparation of the pharmaceutical form of medicinal products;
  • (b) manufacture and testing of medicinal products;
  • (c) testing of medicinal products in a laboratory for the testing of medicinal products;
  • (d) storage, preservation and distribution of medicinal products at the wholesale stage;
  • (e) supply, preparation, testing, storage, distribution and dispensing of safe and efficacious medicinal products of the required quality in pharmacies open to the public;
  • (f) preparation, testing, storage and dispensing of safe and efficacious medicinal products of the required quality in hospitals;
  • (g) provision of information and advice on medicinal products as such, including on their appropriate use;
  • (h) reporting of adverse reactions of pharmaceutical products to the competent authorities;
  • (i) personalised support for patients who administer their medication;
  • (j) contribution to local or national public health campaigns.
3.

If a Member State makes access to or pursuit of one of the activities of a pharmacist contingent upon supplementary professional experience, in addition to possession of evidence of formal qualifications referred to in Annex V, point 5.6.2, that Member State shall recognise as sufficient proof in this regard a certificate issued by the competent authorities in the home Member State stating that the person concerned has been engaged in those activities in the home Member State for a similar period.

4.

The recognition referred to in paragraph 3 shall not apply with regard to the two-year period of professional experience required by the Grand Duchy of Luxembourg for the grant of a State public pharmacy concession.

5.

If, on 16 September 1985, a Member State had a competitive examination in place designed to select from among the holders referred to in paragraph 2, those who are to be authorised to become owners of new pharmacies whose creation has been decided on as part of a national system of geographical division, that Member State may, by way of derogation from paragraph 1, proceed with that examination and require nationals of Member States who possess evidence of formal qualifications as a pharmacist referred to in Annex V, point 5.6.2 or who benefit from the provisions of Article 23 to take part in it.

Section 8 Architect

Article 46
Training of architects
1.

Training as an architect shall comprise:

  • (a) a total of at least five years of full-time study at a university or a comparable teaching institution, leading to successful completion of a university-level examination; or
  • (b) not less than four years of full-time study at a university or a comparable teaching institution leading to successful completion of a university-level examination, accompanied by a certificate attesting to the completion of two years of professional traineeship in accordance with paragraph 4.
2.

Architecture must be the principal component of the study referred to in paragraph 1. The study shall maintain a balance between theoretical and practical aspects of architectural training and shall guarantee at least the acquisition of the following knowledge, skills and competences:

  • (a) the ability to create architectural designs that satisfy both aesthetic and technical requirements;
  • (b) adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences;
  • (c) knowledge of the fine arts as an influence on the quality of architectural design;
  • (d) adequate knowledge of urban design, planning and the skills involved in the planning process;
  • (e) understanding of the relationship between people and buildings, and between buildings and their environment, and of the need to relate buildings and the spaces between them to human needs and scale;
  • (f) understanding of the profession of architect and the role of the architect in society, in particular in preparing briefs that take account of social factors;
  • (g) understanding of the methods of investigation and preparation of the brief for a design project;
  • (h) understanding of the structural design, and constructional and engineering problems associated with building design;
  • (i) adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against the climate, in the framework of sustainable development;
  • (j) the necessary design skills to meet building users’ requirements within the constraints imposed by cost factors and building regulations;
  • (k) adequate knowledge of the industries, organisations, regulations and procedures involved in translating design concepts into buildings and integrating plans into overall planning.
3.

The number of years of academic study referred to in paragraphs 1 and 2 may in addition be expressed with the equivalent ECTS credits.

4.

The professional traineeship referred to in point (b) of paragraph 1 shall take place only after completion of the first three years of the study. At least one year of the professional traineeship shall build upon knowledge, skills and competences acquired during the study referred to in paragraph 2. To that end, the professional traineeship shall be carried out under the supervision of a person or body that has been authorised by the competent authority in the home Member State. Such supervised traineeship may take place in any country. The professional traineeship shall be evaluated by the competent authority in the home Member State.

Article 47
Derogations from the conditions for the training of architects

By way of derogation from Article 46, the following shall also be recognised as complying with Article 21: training as part of social betterment schemes or part-time university studies which satisfies the requirements set out in Article 46(2), as attested by an examination in architecture passed by a professional who has been working for seven years or more in the field of architecture under the supervision of an architect or architectural bureau. The examination must be of university level and be equivalent to the final examination referred to in point (b) of Article 46(1).

Article 48
Pursuit of the professional activities of architects
1.

For the purposes of this Directive, the professional activities of an architect are the activities regularly carried out under the professional title of ‘architect’.

2.

Nationals of a Member State who are authorised to use that title pursuant to a law which gives the competent authority of a Member State the power to award that title to Member States nationals who are especially distinguished by the quality of their work in the field of architecture shall be deemed to satisfy the conditions required for the pursuit of the activities of an architect, under the professional title of ‘architect’. The architectural nature of the activities of the persons concerned shall be attested by a certificate awarded by their home Member State.

Article 49
Acquired rights specific to architects
1.

Each Member State shall accept evidence of  formal qualifications as an architect listed in Annex VI, awarded by the other Member States, and attesting a course of training which began no later than the reference academic year referred to in that Annex, even if they do not satisfy the minimum requirements laid down in Article 46, and shall, for the purposes of access to and pursuit of the professional activities of an architect, give such evidence the same effect on its territory as evidence of formal qualifications as an architect which it itself issues.

Under these circumstances, certificates issued by the competent authorities of the Federal Republic of Germany attesting that evidence of formal qualifications issued on or after 8 May 1945 by the competent authorities of the German Democratic Republic is equivalent to such evidence listed in that Annex, shall be recognised.

1a. Paragraph 1 shall also apply to evidence of formal qualifications as an architect listed in Annex V, where the training started before 18 January 2016.

2.

Without prejudice to paragraph 1, every Member State shall recognise the following evidence of formal qualifications and shall, for the purposes of access to and pursuit of the professional activities of an architect performed, give them the same effect on its territory as evidence of formal qualifications which it itself issues: certificates issued to nationals of Member States by the Member States which have enacted rules governing the access to and pursuit of the activities of an architect as of the following dates:

  • (a) 1 January 1995 for Austria, Finland and Sweden;
  • (b) 1 May 2004 for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia;
  • (ba) 1 July 2013 for Croatia;
  • (c) 5 August 1987 for the other Member States.

The certificates referred to in the first subparagraph shall certify that the holder was authorized, no later than the respective date, to use the professional title of architect, and that he has been effectively engaged, in the context of those rules, in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.

3.

Each Member State shall give the following evidence the same effect on its territory as evidence of formal qualifications it itself issues for the purposes of access to and pursuit of the professional activities of an architect: evidence of completion of training existing as of 5 August 1985 and commenced no later than 17 January 2014, provided by ‘Fachhochschulen’ in the Federal Republic of Germany over a period of three years, satisfying the requirements set out in Article 46(2) and giving access to the activities referred to in Article 48 in that Member State under the professional title of ‘architect’, in so far as the training was followed by a four-year period of professional experience in the Federal Republic of Germany, as attested by a certificate issued by the competent authority in whose roll the name of the architect wishing to benefit from the provisions of this Directive appears.

CHAPTER IIIA Automatic recognition on the basis of common training principles

Article 49a
Common training framework
1.

For the purpose of this Article, ‘common training framework’ means a common set of minimum knowledge, skills and competences necessary for the pursuit of a specific profession. A common training framework shall not replace national training programmes unless a Member State decides otherwise under national law. For the purpose of access to and pursuit of a profession in Member States which regulate that profession, a Member State shall give evidence of professional qualifications acquired on the basis of such a framework the same effect in its territory as the evidence of formal qualifications which it itself issues, on condition that such framework fulfils the conditions laid down in paragraph 2.

2.

A common training framework shall comply with the following conditions:

  • (a) the common training framework enables more professionals to move across Member States;
  • (b) the profession to which the common training framework applies is regulated, or the education and training leading to the profession is regulated in at least one third of the Member States;
  • (c) the common set of knowledge, skills and competences combines the knowledge, skills and competences required in the systems of education and training applicable in at least one third of the Member States; it shall be irrelevant whether the knowledge, skills and competences have been acquired as part of a general training course at a university or higher education institution or as part of a vocational training course;
  • (d) the common training framework shall be based on levels of the EQF, as defined in Annex II of the Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning ([^E0006]);
  • (e) the profession concerned is neither covered by another common training framework nor subject to automatic recognition under Chapter III of Title III;
  • (f) the common training framework has been prepared following a transparent due process, including the relevant stakeholders from Member States where the profession is not regulated;
  • (g) the common training framework permits nationals from any Member State to be eligible for acquiring the professional qualification under such framework without first being required to be a member of any professional organisation or to be registered with such organisation.
3.

Representative professional organisations at Union level, as well as national professional organisations or competent authorities from at least one third of the Member States, may submit to the Commission suggestions for common training frameworks which meet the conditions laid down in paragraph 2.

4.

The Commission shall be empowered to adopt delegated acts in accordance with Article 57c to establish a common training framework for a given profession based on the conditions laid down in paragraph 2 of this Article.

5.

A Member State shall be exempted from the obligation of introducing the common training framework referred to in paragraph 4 on its territory and from the obligation of granting automatic recognition to the professional qualifications acquired under that common training framework if one of the following conditions is fulfilled:

  • (a) there are no education or training institutions available in its territory to offer such training for the profession concerned;
  • (b) the introduction of the common training framework would adversely affect the organisation of its system of education and professional training;
  • (c) there are substantial differences between the common training framework and the training required in its territory, which entail serious risks for public policy, public security, public health or for the safety of the service recipients or the protection of the environment.
6.

Member States shall, within six months of the entry into force of the delegated act referred to in paragraph 4, notify to the Commission and to the other Member States:

  • (a) the national qualifications, and where applicable the national professional titles, that comply with the common training framework; or
  • (b) any use of the exemption referred to in paragraph 5, along with a justification of which conditions under that paragraph were fulfilled. The Commission may, within three months, request further clarification if it considers that a Member State has provided no or insufficient justification that one of these conditions has been fulfilled. The Member State shall reply within three months of any such request.

The Commission may adopt an implementing act to list the national professional qualifications and national professional titles benefiting from automatic recognition under the common training framework adopted in accordance with paragraph 4.

7.

This Article also applies to specialties of a profession, provided such specialties concern professional activities the access to and the pursuit of which are regulated in Member States, where the profession is already subject to automatic recognition under Chapter III of Title III, but not the specialty concerned.

Article 49b
Common training tests
1.

For the purpose of this Article, a ‘common training test means’ a standardised aptitude test available across participating Member States and reserved to holders of a particular professional qualification. Passing such a test in a Member State shall entitle the holder of a particular professional qualification to pursue the profession in any host Member State concerned under the same conditions as the holders of professional qualifications acquired in that Member State.

2.

The common training test shall comply with the following conditions:

  • (a) the common training test enables more professionals to move across Member States;
  • (b) the profession to which the common training test applies is regulated, or the education and training leading to the profession concerned is regulated in at least one third of the Member States;
  • (c) the common training test has been prepared following a transparent due process, including the relevant stakeholders from Member States where the profession is not regulated;
  • (d) the common training test permits nationals from any Member State to participate in such a test and in the practical organisation of such tests in Member States without first being required to be a member of any professional organisation or to be registered with such organisation.
3.

Representative professional organisations at Union level, as well as national professional organisations or competent authorities from at least one third of the Member States, may submit to the Commission suggestions for common training tests which meet the conditions laid down in paragraph 2.

4.

The Commission shall be empowered to adopt delegated acts in accordance with Article 57c to establish the contents of a common training test, and the conditions required for taking and passing the test.

5.

A Member State shall be exempted from the obligation of organising the common training test referred to in paragraph 4 on its territory and from the obligation of granting automatic recognition to professionals who have passed the common training test if one of the following conditions is fulfilled:

  • (a) the profession concerned is not regulated on its territory;
  • (b) the contents of the common training test will not sufficiently mitigate serious risks for public health or the safety of the service recipients, which are relevant on its territory;
  • (c) the contents of the common training test would render access to the profession significantly less attractive compared to national requirements.
6.

Member States shall, within six months of the entry into force of the delegated act referred to in paragraph 4, notify to the Commission and to the other Member States:

  • (a) the available capacity for organising such tests; or
  • (b) any use of the exemption referred to in paragraph 5, along with the justification of which conditions under that paragraph were fulfilled. The Commission may, within three months, request further clarification, if it considers that a Member State has provided no or insufficient justification that one of these conditions has been fulfilled. The Member State shall reply within three months of any such request.

The Commission may adopt an implementing act to list the Member States in which the common training tests adopted in accordance with paragraph 4 are to be organised, the frequency during a calendar year and other arrangements necessary for organising common training tests across Member States.

CHAPTER IV Common provisions on establishment

Article 50
Documentation and formalities
1.

Where the competent authorities of the host Member State decide on an application for authorisation to pursue the regulated profession in question by virtue of this Title, those authorities may demand the documents and certificates listed in Annex VII.

The documents referred to in Annex VII, point 1(d), (e) and (f), shall not be more than three months old by the date on which they are submitted.

The Member States, bodies and other legal persons shall guarantee the confidentiality of the information which they receive.

2.

In the event of justified doubts, the host Member State may require from the competent authorities of a Member State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other Member State, as well as, where applicable, confirmation of the fact that the beneficiary fulfils, for the professions referred to in Chapter III of this Title, the minimum training conditions set out respectively in Articles 24, 25, 28, 31, 34, 35, 38, 40, 44 and 46.

3.

In cases of justified doubt, where evidence of formal qualifications, as defined in Article 3(1)(c), has been issued by a competent authority in a Member State and includes training received in whole or in part in an establishment legally established in the territory of another Member State, the host Member State shall be entitled to verify with the competent body in the Member State of origin of the award:

  • (a) whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the Member State of origin of the award;
  • (b) whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the Member State of origin of the award; and
  • (c) whether the evidence of formal qualifications confers the same professional rights in the territory of the Member State of origin of the award.

3a. In the event of justified doubts, the host Member State may require from the competent authorities of a Member State confirmation of the fact that the applicant is not suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of his professional activities.

3b. Exchange of information between competent authorities of different Member States under this Article shall take place via IMI.

4.

Where a host Member State requires its nationals to swear a solemn oath or make a sworn statement in order to gain access to a regulated profession, and where the wording of that oath or statement cannot be used by nationals of the other Member States, the host Member State shall ensure that the persons concerned can use an appropriate equivalent wording.

Article 51
Procedure for the mutual recognition of professional qualifications
1.

The competent authority of the host Member State shall acknowledge receipt of the application within one month of receipt and inform the applicant of any missing document.

2.

The procedure for examining an application for authorisation to practise a regulated profession must be completed as quickly as possible and lead to a duly substantiated decision by the competent authority in the host Member State in any case within three months after the date on which the applicant's complete file was submitted. However, this deadline may be extended by one month in cases falling under Chapters I and II of this Title.

3.

The decision, or failure to reach a decision within the deadline, shall be subject to appeal under national law.

Article 52
Use of professional titles
1.

If, in a host Member State, the use of a professional title relating to one of the activities of the profession in question is regulated, nationals of the other Member States who are authorised to practise a regulated profession on the basis of Title III shall use the professional title of the host Member State, which corresponds to that profession in that Member State, and make use of any associated initials.

2.

Where a profession is regulated in the host Member State by an association or organisation within the meaning of Article 3(2), nationals of Member States shall not be authorised to use the professional title issued by that organisation or association, or its abbreviated form, unless they furnish proof that they are members of that association or organisation.

If the association or organisation makes membership contingent upon certain qualifications, it may do so, only under the conditions laid down in this Directive, in respect of nationals of other Member States who possess professional qualifications.

3.

A Member State may not reserve the use of the professional title to the holders of professional qualifications if it has not notified the association or organisation to the Commission and to the other Member States in accordance with Article 3(2).

TITLE IV DETAILED RULES FOR PURSUING THE PROFESSION

Article 53
Knowledge of languages
1.

Professionals benefiting from the recognition of professional qualifications shall have a knowledge of languages necessary for practising the profession in the host Member State.

2.

A Member State shall ensure that any controls carried out by, or under the supervision of, the competent authority for controlling compliance with the obligation under paragraph 1 shall be limited to the knowledge of one official language of the host Member State, or one administrative language of the host Member State provided that it is also an official language of the Union.

3.

Controls carried out in accordance with paragraph 2 may be imposed if the profession to be practised has patient safety implications. Controls may be imposed in respect of other professions in cases where there is a serious and concrete doubt about the sufficiency of the professional’s language knowledge in respect of the professional activities that that professional intends to pursue.

Controls may be carried out only after the issuance of a European Professional Card in accordance with Article 4d or after the recognition of a professional qualification, as the case may be.

4.

Any language controls shall be proportionate to the activity to be pursued. The professional concerned shall be allowed to appeal such controls under national law.

Article 54
Use of academic titles

Without prejudice to Articles 7 and 52, the host Member State shall ensure that the right shall be conferred on the persons concerned to use academic titles conferred on them in the home Member State, and possibly an abbreviated form thereof, in the language of the home Member State. The host Member State may require that title to be followed by the name and address of the establishment or examining board which awarded it. Where an academic title of the home Member State is liable to be confused in the host Member State with a title which, in the latter Member State, requires supplementary training not acquired by the beneficiary, the host Member State may require the beneficiary to use the academic title of the home Member State in an appropriate form, to be laid down by the host Member State.

Article 55
Approval by health insurance funds

Without prejudice to Article 5(1) and Article 6, first subparagraph, point (b), Member States which require persons who acquired their professional qualifications in their territory to complete a preparatory period of in-service training and/or a period of professional experience in order to be approved by a health insurance fund, shall waive this obligation for the holders of evidence of professional qualifications of doctor and dental practitioner acquired in other Member States.

Article 55a
Recognition of professional traineeship
1.

If access to a regulated profession in the home Member State is contingent upon completion of a professional traineeship, the competent authority of the home Member State shall, when considering a request for authorisation to exercise the regulated profession, recognise professional traineeships carried out in another Member State provided the traineeship is in accordance with the published guidelines referred to in paragraph 2, and shall take into account professional traineeships carried out in a third country. However, Member States may, in national legislation, set a reasonable limit on the duration of the part of the professional traineeship which can be carried out abroad.

2.

Recognition of the professional traineeship shall not replace any requirements in place to pass an examination in order to gain access to the profession in question. The competent authorities shall publish guidelines on the organisation and recognition of professional traineeships carried out in another Member State or in a third country, in particular on the role of the supervisor of the professional traineeship.

TITLE V ADMINISTRATIVE COOPERATION AND RESPONSIBILITY TOWARDS CITIZENS FOR IMPLEMENTATION

Article 56
Competent authorities
1.

The competent authorities of the host Member State and of the home Member State shall work in close collaboration and shall provide mutual assistance in order to facilitate application of this Directive. They shall ensure the confidentiality of the information which they exchange.

2.

The competent authorities of the home and the host Member States shall exchange information regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under this Directive. In so doing, they shall respect personal data protection rules provided for in Directives 95/46/EC and 2002/58/EC.

The home Member State shall examine the veracity of the circumstances and its authorities shall decide on the nature and scope of the investigations which need to be carried out and shall inform the host Member State of the conclusions which it draws from the information available to it.

2a. For the purposes of paragraphs 1 and 2, the competent authorities shall use IMI.

3.

Each Member State shall, no later than 20 October 2007, designate the authorities and bodies competent to award or receive evidence of formal qualifications and other documents or information, and those competent to receive applications and take the decisions referred to in this Directive, and shall forthwith inform the other Member States and the Commission thereof.

4.

Each Member State shall designate a coordinator for the activities of the competent authorities referred to in paragraph 1 and shall inform other Member States and the Commission thereof.

The coordinators’ tasks shall be:

  • (a) to promote uniform application of this Directive;
  • (b) to collect all the information which is relevant for application of this Directive, such as on the conditions for access to regulated professions in the Member States;
  • (c) to examine suggestions for common training frameworks and common training tests;
  • (d) to exchange information and best practice for the purpose of optimising continuous professional development in Member States;
  • (e) to exchange information and best practice on the application of compensation measures referred to in Article 14.

For the purpose of carrying out the task set out in point (b) of this paragraph, the coordinators may solicit the help of the assistance centres referred to in Article 57b.

Article 56a
Alert mechanism
1.

The competent authorities of a Member State shall inform the competent authorities of all other Member States about a professional whose pursuit on the territory of that Member State of the following professional activities in their entirety or parts thereof has been restricted or prohibited, even temporarily, by national authorities or courts:

  • (a) doctor of medicine and of general practice possessing evidence of a formal qualification referred to in points 5.1.1 and 5.1.4 of Annex V;
  • (b) specialist doctor of medicine possessing a title referred to in point 5.1.3 of Annex V;
  • (c) nurse responsible for general care possessing evidence of a formal qualification referred to in point 5.2.2 of Annex V;
  • (d) dental practitioner possessing evidence of a formal qualification referred to in point 5.3.2 of Annex V;
  • (e) specialist dentists possessing evidence of a formal qualification referred to in point 5.3.3 of Annex V;
  • (f) veterinary surgeon possessing evidence of a formal qualification referred to in point 5.4.2 of Annex V;
  • (g) midwife possessing evidence of a formal qualification referred to in point 5.5.2 of Annex V;
  • (h) pharmacist possessing evidence of a formal qualification listed in point 5.6.2 of Annex V;
  • (i) holders of certificates mentioned in point 2 of Annex VII attesting that the holder completed a training which satisfies the minimum requirements listed in Articles 24, 25, 31, 34, 35, 38, 40, or 44 respectively, but which started earlier than the reference dates of the qualifications listed in points 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 of Annex V;
  • (j) holders of certificates of acquired rights as referred to in Articles 23, 27, 29, 33, 33a, 37, 43 and 43a;
  • (k) other professionals exercising activities that have patient safety implications, where the professional is pursuing a profession regulated in that Member State;
  • (l) professionals exercising activities relating to the education of minors, including in childcare and early childhood education, where the professional is pursuing a profession regulated in that Member State.
2.

Competent authorities shall send the information referred to in paragraph 1 by way of alert via IMI at the latest within three days from the date of adoption of the decision restricting or prohibiting pursuit of the professional activity in its entirety or in part by the professional concerned. That information shall be limited to the following:

  • (a) the identity of the professional;
  • (b) the profession concerned;
  • (c) information about the national authority or court adopting the decision on restriction or prohibition;
  • (d) the scope of the restriction or the prohibition; and
  • (e) the period during which the restriction or the prohibition applies.
3.

The competent authorities of a Member State concerned shall, at the latest within three days from the date of adoption of the court decision, inform the competent authorities of all other Member States, by way of alert via IMI, about the identity of professionals who have applied for the recognition of a qualification under this Directive and who have subsequently been found by courts to have used falsified evidence of professional qualifications in this context.

4.

The processing of personal data for the purpose of the exchange of information referred to in paragraphs 1 and 3 shall be carried out in accordance with Directives 95/46/EC and 2002/58/EC. The processing of personal data by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001.

5.

The competent authorities of all Member States shall be informed without delay when a prohibition or a restriction referred to in paragraph 1 has expired. For that purpose, the competent authority of the Member State which provides the information in accordance with paragraph 1 shall also be required to provide the date of expiry as well as any subsequent change to that date.

6.

Member States shall provide that professionals, in respect of whom alerts are sent to other Member States, are informed in writing of decisions on alerts at the same time as the alert itself, may appeal under national law against the decision or apply for rectification of such decisions and shall have access to remedies in respect of any damage caused by false alerts sent to other Member States, and in such cases the decision on the alert shall be qualified to indicate that it is subject to proceedings by the professional.

7.

Data regarding alerts may be processed within IMI for as long as they are valid. Alerts shall be deleted within three days from the date of adoption of the revoking decision or from the expiry of the prohibition or the restriction referred to in paragraph 1.

8.

The Commission shall adopt implementing acts for the application of the alert mechanism. Those implementing acts shall include provisions on the authorities entitled to send or receive alerts and on the withdrawal and closure of alerts, and measures to ensure the security of processing. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2).

Article 57
Central online access to information
1.

Member States shall ensure that the following information is available online through the points of single contact, referred to in Article 6 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market ([^E0007]), and regularly updated:

  • (a) a list of all regulated professions in the Member State including contact details of the competent authorities for each regulated profession and the assistance centres referred to in Article 57b;
  • (b) a list of the professions for which a European Professional Card is available, the functioning of that Card, including all related fees to be paid by professionals, and the competent authorities for issuing that Card;
  • (c) a list of all professions for which the Member State applies Article 7(4) under national laws, regulations and administrative provisions;
  • (d) a list of regulated education and training, and training with a special structure, referred to in point (c)(ii) of Article 11;
  • (e) the requirements and procedures referred to in Articles 7, 50, 51 and 53 for the professions regulated in the Member State, including all related fees to be paid by citizens and documents to be submitted by citizens to competent authorities;
  • (f) details on how to appeal, under national laws, regulations and administrative provisions, decisions of competent authorities adopted under this Directive.
2.

Member States shall ensure that the information referred to in paragraph 1 is provided in a clear and comprehensive way for users, that it is easily accessible remotely and by electronic means and that it is kept up to date.

3.

Member States shall ensure that any request for information addressed to the point of single contact is replied to as soon as possible.

4.

Member States and the Commission shall take accompanying measures in order to encourage points of single contact to make the information provided for in paragraph 1 available in other official languages of the Union. This shall not affect the legislation of Member States on the use of languages in their territory.

5.

Member States shall cooperate with each other and the Commission for the purpose of implementing paragraphs 1, 2 and 4.

Article 57a
Procedures by electronic means
1.

Member States shall ensure that all requirements, procedures and formalities relating to matters covered by this Directive may be easily completed, remotely and by electronic means, through the relevant point of single contact or the relevant competent authorities. This shall not prevent competent authorities of Member States from requesting certified copies at a later stage in the event of justified doubts and where strictly necessary.

2.

Paragraph 1 shall not apply to the carrying out of an adaptation period or aptitude test.

3.

Where it is justified for Member States to ask for advanced electronic signatures, as defined in point 2 of Article 2 of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures ([^E0008]), for the completion of procedures referred to in paragraph 1 of this Article, Member States shall accept electronic signatures in compliance with Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the points of single contact under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market ([^E0009]) and provide for technical means to process documents with advanced electronic signature in formats defined by Commission Decision 2011/130/EU of 25 February 2011 establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market ([^E0010]).

4.

All procedures shall be carried out in accordance with Article 8 of Directive 2006/123/EC relating to the points of single contact. The procedural time limits set out in Article 7(4) and Article 51 of this Directive shall commence at the point when an application or any missing document has been submitted by a citizen to a point of single contact or directly to the relevant competent authority. Any request for certified copies referred to in paragraph 1 of this Article shall not be considered as a request for missing documents.

Article 57b
Assistance centres
1.

Each Member State shall designate, no later than 18 January 2016, an assistance centre whose remit shall be to provide citizens, as well as assistance centres of the other Member States, with assistance concerning the recognition of professional qualifications provided for in this Directive, including information on the national legislation governing the professions and the pursuit of those professions, social legislation, and, where appropriate, the rules of ethics.

2.

The assistance centres in host Member States shall assist citizens in exercising the rights conferred on them by this Directive, in cooperation, where appropriate, with the assistance centre in the home Member State and the competent authorities and the points of single contact in the host Member State.

3.

Any competent authority in the home or host Member State shall be required to fully cooperate with the assistance centre in the host Member State and where appropriate the home Member State, and provide all relevant information about individual cases to such assistance centres upon their request and subject to data protection rules in accordance with Directives 95/46/EC and 2002/58/EC.

4.

At the Commission’s request, the assistance centres shall inform the Commission of the result of enquiries with which they are dealing within two months after receiving such a request.

Article 57c
Exercise of the delegation
1.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.

The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall be conferred on the Commission for a period of five years from 17 January 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.

The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.

A delegated act adopted pursuant to the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 58
Committee procedure
1.

The Commission shall be assisted by a Committee on the recognition of professional qualifications. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 59
Transparency
1.

Member States shall notify to the Commission a list of existing regulated professions, specifying the activities covered by each profession, and a list of regulated education and training, and training with a special structure, referred to in point (c)(ii) of Article 11, in their territory by 18 January 2016. Any change to those lists shall also be notified to the Commission without undue delay. The Commission shall set up and maintain a publicly available database of regulated professions, including a general description of activities covered by each profession.

2.

By 18 January 2016, Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary under Article 7(4). Member States shall provide the Commission with a specific justification for the inclusion of each of those professions on that list.

3.

Member States shall examine whether requirements under their legal system restricting the access to a profession or its pursuit to the holders of a specific professional qualification, including the use of professional titles and the professional activities allowed under such title, referred to in this Article as ‘requirements’ are compatible with the following principles:

  • (a) requirements must be neither directly nor indirectly discriminatory on the basis of nationality or residence;
  • (b) requirements must be justified by overriding reasons of general interest;
  • (c) requirements must be suitable for securing the attainment of the objective pursued and must not go beyond what is necessary to attain that objective.
4.

Paragraph 1 shall also apply to professions regulated in a Member State by an association or organisation within the meaning of Article 3(2) and any requirements for membership of those associations or organisations.

5.

By 18 January 2016, Member States shall provide the Commission with information on the requirements they intend to maintain and the reasons for considering that those requirements comply with paragraph 3. Member States shall provide information on the requirements they subsequently introduced, and the reasons for considering that those requirements comply with paragraph 3, within six months of the adoption of the measure.

6.

By 18 January 2016, and every two years thereafter, Member States shall also submit a report to the Commission about the requirements which have been removed or made less stringent.

7.

The Commission shall forward the reports referred to in paragraph 6 to the other Member States which shall submit their observations within six months. Within the same period of six months, the Commission shall consult interested parties, including the professions concerned.

8.

The Commission shall provide a summary report based on the information provided by Member States to the Group of Coordinators established under Commission Decision 2007/172/EC of 19 March 2007 setting up the group of coordinators for the recognition of professional qualifications ([^E0011]), which may make observations.

9.

In light of the observations provided for in paragraphs 7 and 8, the Commission shall, by 18 January 2017, submit its final findings to the European Parliament and the Council, accompanied where appropriate by proposals for further initiatives.

TITLE VI OTHER PROVISIONS

Article 60
Reports
1.

As from 20 October 2007, Member States shall, every two years, send a report to the Commission on the application of the system. In addition to general observations, the report shall contain a statistical summary of decisions taken and a description of the main problems arising from the application of this Directive.

As from 18 January 2016 the statistical summary of decisions taken referred to in the first subparagraph shall contain detailed information on the number and types of decisions taken in accordance with this Directive, including the types of decisions on partial access taken by competent authorities in accordance with Article 4f, and a description of the main problems arising from application of this Directive.

2.

By 18 January 2019, and every five years thereafter, the Commission shall publish a report on the implementation of this Directive.

The first such report shall focus in particular on the new elements introduced in this Directive and consider in particular the following issues:

  • (a) the functioning of the European Professional Card;
  • (b) the modernisation of the knowledge, skills and competences for the professions covered by Chapter III of Title III, including the list of competences referred to in Article 31(7);
  • (c) the functioning of the common training frameworks and common training tests;
  • (d) the results of the special upgrading programme laid down under Romanian laws, regulations and administrative provisions for holders of the evidence of formal qualifications mentioned in Article 33a, as well as for holders of evidence of formal qualifications of post-secondary level, with a view to assessing the need to review the current provisions governing the acquired rights regime applicable to the Romanian evidence of formal qualifications as nurse responsible for general care.

Member States shall provide all necessary information for the preparation of that report.

Article 61
Derogation clause

If, for the application of one of the provisions of this Directive, a Member State encounters major difficulties in a particular area, the Commission shall examine those difficulties in collaboration with the Member State concerned.

Where appropriate, the Commission shall adopt an implementing act to permit the Member State in question to derogate from the relevant provision for a limited period of time.

Article 62
Repeal

Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC, 89/48/EEC, 92/51/EEC, 93/16/EEC and 1999/42/EC are repealed with effect from 20 October 2007. References to the repealed Directives shall be understood as references to this Directive and the acts adopted on the basis of those Directives shall not be affected by the repeal.

Article 63
Transposition

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 20 October 2007 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 64
Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 65
Addressees

This Directive is addressed to the Member States.

ANNEX I

List of professional associations or organisations fulfilling the conditions of Article 3(2)

IRELAND ([^E0012])

    1. The Institute of Chartered Accountants in Ireland ([^E0013])
    1. The Institute of Certified Public Accountants in Ireland ()
    1. The Association of Certified Accountants ()
    1. Institution of Engineers of Ireland
    1. Irish Planning Institute

UNITED KINGDOM

    1. Institute of Chartered Accountants in England and Wales
    1. Institute of Chartered Accountants of Scotland
    1. Institute of Chartered Accountants in Ireland
    1. Chartered Association of Certified Accountants
    1. Chartered Institute of Loss Adjusters
    1. Chartered Institute of Management Accountants
    1. Institute of Chartered Secretaries and Administrators
    1. Chartered Insurance Institute
    1. Institute of Actuaries
    1. Faculty of Actuaries
    1. Chartered Institute of Bankers
    1. Institute of Bankers in Scotland
    1. Royal Institution of Chartered Surveyors
    1. Royal Town Planning Institute
    1. Chartered Society of Physiotherapy
    1. Royal Society of Chemistry
    1. British Psychological Society
    1. Library Association
    1. Institute of Chartered Foresters
    1. Chartered Institute of Building
    1. Engineering Council
    1. Institute of Energy
    1. Institution of Structural Engineers
    1. Institution of Civil Engineers
    1. Institution of Mining Engineers
    1. Institution of Mining and Metallurgy
    1. Institution of Electrical Engineers
    1. Institution of Gas Engineers
    1. Institution of Mechanical Engineers
    1. Institution of Chemical Engineers
    1. Institution of Production Engineers
    1. Institution of Marine Engineers
    1. Royal Institution of Naval Architects
    1. Royal Aeronautical Society
    1. Institute of Metals
    1. Chartered Institution of Building Services Engineers
    1. Institute of Measurement and Control
    1. British Computer Society

ANNEX IV

Activities related to the categories of professional experience referred to in Articles 17, 18 and 19

List I

Major groups covered by Directive 64/427/EEC, as amended by Directive 69/77/EEC, and by Directives 68/366/EEC and 82/489/EEC

1 Directive 64/427/EEC

  • (liberalisation Directive 64/429/EEC)
  • NICE nomenclature (corresponding to ISIC major groups 23 to 40)
Major group 23 Manufacture of textiles
Major group 232 Manufacturing and processing of textile materials on woollen machinery
Major group 233 Manufacturing and processing of textile materials on cotton machinery
Major group 234 Manufacturing and processing of textile materials on silk machinery
Major group 235 Manufacturing and processing of textile materials on flax and hemp machinery
Major group 236 Other textile fibre industries (jute, hard fibres, etc.), cordage
Major group 237 Manufacture of knitted and crocheted goods
Major group 238 Textile finishing
Major group 239 Other textile industries
Major group 24 Manufacture of footwear, other wearing apparel and bedding
Major group 241 Machine manufacture of footwear (except from rubber or wood)
Major group 242 Manufacture by hand and repair of footwear
Major group 243 Manufacture of wearing apparel (except furs)
Major group 244 Manufacture of mattresses and bedding
Major group 245 Skin and fur industries
Major group 25 Manufactures of wood and cork, except manufacture of furniture
Major group 251 Sawing and industrial preparation of wood
Major group 252 Manufacture of semi-finished wood products
Major group 253 Series production of wooden building components including flooring
Major group 254 Manufacture of wooden containers
Major group 255 Manufacture of other wooden products (except furniture)
Major group 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
Major group 271 Manufacture of pulp, paper and paperboard
Major group 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
Major group 291 Tanneries and leather finishing plants
Major group 292 Manufacture of leather products
ex major group 30 Manufacture of rubber and plastic products, man-made fibres and starch products
ex major group 301 Processing of rubber and asbestos
ex major group 302 Processing of plastic materials
ex major group 303 Production of man-made fibres
ex major group 31 Chemical industry
ex major group 311 Manufacture of chemical base materials and further processing of such materials
ex major group 312 Specialised manufacture of chemical products principally for industrial and agricultural purposes (including the manufacture for industrial use of fats and oils of vegetable or animal origin falling within ISIC group 312)
ex major group 313 Specialised manufacture of chemical products principally for domestic or office use [excluding the manufacture of medicinal and pharmaceutical products (ex ISIC group 319)]
Major group 32 320 Petroleum industry
Major group 33 Manufacture of non-metallic mineral products
Major group 331 Manufacture of structural clay products
Major group 332 Manufacture of glass and glass products
Major group 333 Manufacture of ceramic products, including refractory goods
Major group 334 Manufacture of cement, lime and plaster
Major group 335 Manufacture of structural material, in concrete, cement and plaster
Major group 339 Stone working and manufacture of other non-metallic mineral products
Major group 34 Production and primary transformation of ferrous and non-ferrous metals
Major group 341 Iron and steel industry (as defined in the ECSC treaty, including integrated steelworks-owned coking plants)
Major group 342 Manufacture of steel tubes
Major group 343 Wire-drawing, cold-drawing, cold-rolling of strip, cold-forming
Major group 344 Production and primary transformation of non-ferrous metals
Major group 345 Ferrous and non-ferrous metal foundries
Major group 35 Manufacture of metal products (except machinery and transport equipment)
Major group 351 Forging, heavy stamping and heavy pressing
Major group 352 Secondary transformation and surface-treatment
Major group 353 Metal structures
Major group 354 Boilermaking, manufacture of industrial hollow-ware
Major group 355 Manufacture of tools and implements and finished articles of metal (except electrical equipment)
Major group 359 Ancillary mechanical engineering activities
Major group 36 Manufacture of machinery other than electrical machinery
Major group 361 Manufacture of agricultural machinery and tractors
Major group 362 Manufacture of office machinery
Major group 363 Manufacture of metal-working and other machine-tools and fixtures and attachments for these and for other powered tools
Major group 364 Manufacture of textile machinery and accessories, manufacture of sewing machines
Major group 365 Manufacture of machinery and equipment for the food-manufacturing and beverage industries and for the chemical and allied industries
Major group 366 Manufacture of plant and equipment for mines, iron and steel works foundries, and for the construction industry; manufacture of mechanical handling equipment
Major group 367 Manufacture of transmission equipment
Major group 368 Manufacture of machinery for other specific industrial purposes
Major group 369 Manufacture of other non-electrical machinery and equipment
Major group 37 Electrical engineering
Major group 371 Manufacture of electric wiring and cables
Major group 372 Manufacture of motors, generators, transformers, switchgear, and other similar equipment for the provision of electric power
Major group 373 Manufacture of electrical equipment for direct commercial use
Major group 374 Manufacture of telecommunications equipment, meters, other measuring appliances and electromedical equipment
Major group 375 Manufacture of electronic equipment, radio and television receivers, audio equipment
Major group 376 Manufacture of electric appliances for domestic use
Major group 377 Manufacture of lamps and lighting equipment
Major group 378 Manufacture of batteries and accumulators
Major group 379 Repair, assembly, and specialist installation of electrical equipment
ex major group 38 Manufacture of transport equipment
ex major group 383 Manufacture of motor vehicles and parts thereof
ex major group 384 Repair of motor vehicles, motorcycles and cycles
ex major group 385 Manufacture of motorcycles, cycles and parts thereof
ex major group 389 Manufacture of transport equipment not elsewhere classified
Major group 39 Miscellaneous manufacturing industries
Major group 391 Manufacture of precision instruments, and measuring and controlling instruments
Major group 392 Manufacture of medico-surgical instruments and equipment and orthopaedic appliances (except orthopaedic footwear)
Major group 393 Manufacture of photographic and optical equipment
Major group 394 Manufacture and repair of watches and clocks
Major group 395 Jewellery and precious metal manufacturing
Major group 396 Manufacture and repair of musical instruments
Major group 397 Manufacture of games, toys, sporting and athletic goods
Major group 399 Other manufacturing industries
Major group 40 Construction
Major group 400 Construction (non-specialised); demolition
Major group 401 Construction of buildings (dwellings or other)
Major group 402 Civil engineering; building of roads, bridges, railways, etc.
Major group 403 Installation work
Major group 404 Decorating and finishing

2 Directive 68/366/EEC

  • (liberalisation Directive 68/365/EEC)
  • NICE nomenclature
Major group 20A 200 Industries producing animal and vegetable fats and oils
Major group 20B Food manufacturing industries (excluding the beverage industry)
Major group 201 Slaughtering, preparation and preserving of meat
Major group 202 Milk and milk products industry
Major group 203 Canning and preserving of fruits and vegetables
Major group 204 Canning and preserving of fish and other sea foods
Major group 205 Manufacture of grain mill products
Major group 206 Manufacture of bakery products, including rusks and biscuits
Major group 207 Sugar industry
Major group 208 Manufacture of cocoa, chocolate and sugar confectionery
Major group 209 Manufacture of miscellaneous food products
Major group 21 Beverage industry
Major group 211 Production of ethyl alcohol by fermentation, production of yeasts and spirits
Major group 212 Production of wine and other unmalted alcoholic beverages
Major group 213 Brewing and malting
Major group 214 Soft drinks and carbonated water industries
Major group ex 30 Manufacture of rubber products, plastic materials, artificial and synthetic fibres and starch products
Major group 304 Manufacture of starch products

3 Directive 82/489/EEC

  • ISIC nomenclature
ex 855 hairdressing establishments (excluding chiropodists' activities and beauticians' training schools)

List II

Major groups of Directives 75/368/EEC, 75/369/EEC and 82/470/EEC

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

  • ISIC nomenclature
ex 04 Fishing Fishing
ex 04 043 Inland water fishing
ex 38 Manufacture of transport equipment Manufacture of transport equipment
ex 38 381 Shipbuilding and repairing
ex 38 382 Manufacture of railroad equipment
ex 38 386 Manufacture of aircraft (including space equipment)
ex 71 Activities allied to transport and activities other than transport coming under the following groups: Activities allied to transport and activities other than transport coming under the following groups:
ex 71 ex 711 Sleeping- and dining-car services; maintenance of railway stock in repair sheds; cleaning of carriages
ex 71 ex 712 Maintenance of stock for urban, suburban and interurban passenger transport
ex 71 ex 713 Maintenance of stock for other passenger land transport (such as motor cars, coaches, taxis)
ex 71 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 71 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 Communications: postal services and telecommunications Communications: postal services and telecommunications
ex 85 Personal services Personal services
ex 85 854 Laundries and laundry services, dry-cleaning and dyeing
ex 85 ex 856 Photographic studios: portrait and commercial photography, except journalistic photographers
ex 85 ex 859 Personal services not elsewhere classified (only maintenance and cleaning of buildings or accommodation)

2 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.

3 Directive 82/470/EEC (Article 6(1) and (3))

  • Groups 718 and 720 of the ISIC nomenclature

The activities comprise in particular:

  • — organising, 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))
  • — acting as an intermediary between contractors for various methods of transport and persons who dispatch or receive goods, and carrying out related activities: (aa) by concluding contracts with transport contractors, on behalf of principals (bb) by choosing the method of transport, the firm and the route considered most profitable for the principal (cc) by arranging the technical aspects of the transport operation (e.g. packing required for transportation); by carrying out various operations incidental to transport (e.g. ensuring ice supplies for refrigerated wagons) (dd) by completing the formalities connected with the transport such as the drafting of way bills; by assembling and dispersing shipments (ee) by coordinating the various stages of transportation, by ensuring transit, reshipment, transshipment and other termination operations (ff) by arranging both freight and carriers and means of transport for persons dispatching goods or receiving them: — assessing transport costs and checking the detailed accounts — taking certain temporary or permanent measures in the name of and on behalf of a shipowner or sea transport carrier (with the port authorities, ship's chandlers, etc.). (The activities listed under Article 2(A)(a), (b) and (d)).

List III

Directives 64/222/EEC, 68/364/EEC, 68/368/EEC, 75/368/EEC, 75/369/EEC, 70/523/EEC and 82/470/EEC

1 Directive 64/222/EEC

  • (liberalisation Directives 64/223/EEC and 64/224/EEC)
    1. 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 (ex Group 611).

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