Question de distance dans la relation éducative (Éducateurs et Préventions) (French Edition)

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: 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.

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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.

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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. 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:. 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.

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.

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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.

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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. Such updates may not entail, for any Member State, any amendment of its existing legislative principles relating to the system of professions as regards training and the conditions of access by natural persons. For the purposes of this Directive, the professional activities of dental practitioners are the activities defined in paragraph 3 and pursued under the professional qualifications listed in Annex V, point 5.

The profession of dental practitioner is based on dental training referred to in Article 32 and shall constitute a specific profession which is distinct from other general or specialised medical professions. Pursuit of the activities of a dental practitioner requires the possession of evidence of formal qualifications referred to in Annex V, point 5.

Holders of such evidence of formal qualifications shall be treated in the same way as those to whom Articles 21 or The Member States shall ensure that dental practitioners are generally able to gain access to and pursue the activities of prevention, diagnosis and treatment of anomalies and diseases affecting the teeth, mouth, jaws and adjoining tissue, having due regard to the regulatory provisions and rules of professional ethics on the reference dates referred to in Annex V, point 5.

Every Member State shall, for the purposes of the pursuit of the professional activities of dental practitioners under the qualifications listed in Annex V, point 5. Persons who have successfully completed at least three years of study, certified by the competent authorities in the Member State concerned as being equivalent to the training referred to in Article 32, shall be exempted from the three-year practical work experience referred to in the second indent, point a.

Each Member State shall recognise evidence of medical training issued in Italy to persons who began their university medical training after 28 January and no later than 31 December , accompanied by a certificate issued by the competent Italian authorities. Persons who have successfully completed at least three years of study certified by the competent authorities as being equivalent to the training referred to in Article 32 shall be exempt from the aptitude test referred to in the second subparagraph, point a. Every Member State which applies relevant legislative, regulatory or administrative provisions shall accept evidence of dental training issued by the other Member States and referred to in Annex VI, point 6.

The same provisions shall apply to evidence of formal training as a specialised dental practitioner acquired in the territory of the former German Democratic Republic, insofar as they attest a course of training which began before 3 October and confer on the holder the right to pursue the professional activities throughout German territory under the same conditions as evidence of formal training issued 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 dental training referred to in Annex VI, point 6.

The training of veterinary surgeons shall comprise a total of at least five years of full-time theoretical and practical study at a university or at a higher institute providing training recognised as being of an equivalent level, or under the supervision of a university, covering at least the study programme referred to 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 conditions of access by natural persons. Admission to veterinary training shall be contingent upon possession of a diploma or certificate entitling the holder to enter, for the studies in question, university establishments or institutes of higher education recognised by a Member State to be of an equivalent level for the purpose of the relevant study.

The Member States shall ensure that institutions providing midwife training are responsible for coordinating theory and practice throughout the programme of study. Such updates must not entail, for any Member State, any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons. By way of exception, the Member States may authorise part-time training, under the 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 its part-time character.

The certificates of training as a midwife referred to in Annex V, point 5. The certificate referred to in paragraph 1 shall be issued by the competent authorities in the home Member State. It shall certify that the holder, after obtaining evidence of formal training as a midwife, has satisfactorily performed all the activities of a midwife for a corresponding period in a hospital or a health care establishment approved for that purpose.

The provisions of this sub-section shall apply to the activities of midwives as defined by each Member State, without prejudice to paragraph 2, and pursued under the professional qualifications set out in Annex V, point 5. The Member States shall ensure that midwives are able to gain access to and pursue at least the activities listed in Annex V, point 5. Every Member State shall, in the case of nationals of Member States whose evidence of formal qualifications as a midwife satisfies all the minimum training requirements laid down in Article 36 but which, by virtue of Article 37, is not recognised unless it is accompanied by a certificate of practical work experience referred to in Article 37 2 , recognise as sufficient proof certificates of training issued by those Member States before the reference date referred to in Annex V, point 5.

The conditions laid down in paragraph 1 shall apply to the nationals of Member States whose evidence of formal training as a midwife certifies completion of training received in the territory of the former German Democratic Republic and which satisfies all the minimum training requirements laid down in Article 36 but which, by virtue of Article 37, must not be recognised unless they are accompanied by the attestation of professional experience referred to in Article 37 2 , insofar as they attest a course of training which began before 3 October Admission to a course of training as a pharmacist shall be contingent upon possession of a diploma or certificate giving access, in a Member State, to the studies in question, at universities or higher institutes of a level recognised as equivalent.

Evidence of formal qualifications as a pharmacist attesting training of at least five years' duration, including at least:. The contents listed in Annex V, point 5. 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 training of the types listed in Annex V, point 5.

The Member States shall ensure that the holders of evidence of university training in pharmacy or of a level deemed to be equivalent, which satisfies the provisions of Article 40, are able to gain access to and pursue at least the activities listed in Annex V, point 5. 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. If, on 16 September , a Member State has a competitive examination in place designed to select from among the holders referred to in paragraph 1, 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.

Training as an architect shall comprise a total of at least four years of full-time study or six years of study, at least three years of which on a full-time basis, at a university or comparable teaching institution. The training must lead to successful completion of a university-level examination. That training, which must be of university level, and of which architecture is the principal component, must maintain a balance between theoretical and practical aspects of architectural training and guarantee the acquisition of the knowledge and aptitudes listed in Annex V, point 5. The knowledge and aptitudes listed in Annex v, point 5.

By way of derogation from Article 42, the following shall also be recognised as satisfying Article The professional association must first ascertain that the work performed by the architect concerned in the field of architecture represents convincing application of the full range of knowledge and aptitudes listed in Annex V, point 5. That certificate shall be awarded in line with the same procedure as that applying to registration in the professional association's roll. The examination must be of university level and be equivalent to the final examination referred to in Article 42 1 , subparagraph 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". 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 nationals of Member States 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, in the professional capacity of an architect.

The architectural qualifications of the persons concerned shall be attested by a certificate awarded by their home Member State. 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 by the competent authorities of the German Democratic Republic is equivalent to such evidence listed in the said Annex, shall be recognised. Without prejudice to paragraph 1, every Member State shall recognise the following evidence of formal training 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 training which it itself issues: The certificates referred to in paragraph 1 shall certify that the holder was authorised, no later than the respective date, to use the professional title of architect, and that he has been effectively engaged, in the context of this legislation, in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.

Where the competent authorities of the host Member State decide on an application 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, 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. The host Member State may, if it knows of any serious, specific circumstances which have arisen prior to that person's establishment in that Member State outside its territory, and which are liable to have consequences in that Member State for the pursuit of the activities in question, inform the home Member State accordingly.

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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. 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.

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. The procedure for examining an application 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 Stateno later than three months after the date on which the applicant's complete file was submitted.

The decision, or failure to reach a decision within the deadline, shall be subject to appeal under national law. 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 qualification of the host Member State, which corresponds to that profession in that Member State, and make use of any associated initials. If, however, pursuant to Article 4 3 , access to a profession in the host Member State is partial, that Member State may add a reference to that effect to the professional qualification.

Where a profession is regulated in the host Member State by an association or organisation listed in Annex I, 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 only do so in respect of nationals of other Member States who possess professional qualifications within the meaning of Article 3, second indent, under the conditions laid down in this Directive.

Persons benefiting from the recognition of professional qualifications shall have a knowledge of languages necessary for practising the profession in the host Member State. The Member States shall ensure that, where appropriate, the beneficiaries acquire the language knowledge necessary for performing their professional activity in the host Member State. Without prejudice to Articles 5 3 and 48, the host Member State shall ensure that the right shall be conferred on the persons concerned to use titles conferred on them in the home Member State, and possibly an abbreviated form thereof, in the language of that 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 a qualification issued by the home Member State is liable to be confused in the host Member State with a qualification 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 title acquired in the home Member State in an appropriate form, to be laid down by the host Member State.

Without prejudice to Articles 5. 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. Every Member State shall, no later than the deadline laid down in Article 54, designate the authorities and bodies competent to award or receive certificates of training and other documents or information, and those competent to receive applications and take the decisions referred to in this Directive, and shall inform the other Member States and the Commission thereof immediately.

Every Member State shall designate a coordinator for the activities of the authorities referred to in paragraph 1 and shall inform the other Member States and the Commission thereof. For the purpose of fulfilling the remit described in subparagraph 2, point b , the coordinators may solicit the help of the contact points referred to in Article Each Member State shall designate, no later than the deadline laid down in Article 58, a contact point whose remit shall be:.

The contact points shall inform the Commission of the enquiries with which they are dealing pursuant to the provisions of the first subparagraph, point b within two months of receiving them. The Commission shall be assisted by a Committee on the recognition of professional qualifications, referred to hereafter as "the Committee", comprising representatives of the Member States and chaired by the representative of the Commission.

The Committee may be asked to give its opinion on any other matter relating to implementation of this Directive. As from the deadline laid down in Article 58, the 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 the Directive. 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.

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Where appropriate, the Commission shall decide, in accordance with the procedure referred to in Article 54 2 , to permit the Member State in question to derogate from the provision in question for a limited period. The Member States shall implement the legislative, regulatory and administrative provisions necessary to comply with this Directive by [two years from the publication in the OJ] at the latest. They shall inform the Commission thereof immediately. When Member States adopt these provisions, 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. This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities. The Institute of Chartered Accountants in Ireland [48] 2. The Association of Certified Accountants48 4. Institution of Engineers of Ireland 5. Nevertheless, the members of the profession who obtained their diplomas before this date may, if they wish, continue to use the former title of "Krankengymnast in ". There is considerable responsibility and autonomy, and control or guidance of others in often required.

Competence in a broad range of complex technical or professional work activities performed in a wide variety of contexts and with a substantial degree of personal responsibility and autonomy. Responsibility for the work of others and the allocation of resources is often present. There is considerable responsibility and autonomy, and control or guidance of others is often required. The German authorities shall send to the Commission and to the other Member States a list of the training courses covered by this Annex.

The Dutch authorities shall send to the Commission and to the other Member States a list of the training courses covered by this Annex. These courses have a total length of not less than 13 years and comprise five years of vocational training, which culminate in a final examination, the passing of which is a proof of professional competence. These courses have a total length of not less than 13 years, comprising nine years of compulsory education, followed by either at least three years of vocational training at a specialized school or at least three years of training in a firm and in parallel at a vocational training school "Berufsschule" , both of which culminate in an examination, and are supplemented by successful completion of at least a one-year training course at a master school "Meisterschule" , master classes "Meisterklassen" , industrial master school "Werkmeisterschule" or a building craftsmen school "Bauhandwerkerschule".

In most cases the total duration is at least 15 years, comprising periods of work experience, which either precede the training courses at these establishments or are accompanied by part-time courses at least hours. The Austrian authorities shall send to the Commission and to the other Member States a list of the training courses covered by this Annex.

Ex major group 30 manufacture of rubber and plastic products, man-made fibres and starch products. Ex 71 activities allied to transport and activities other than transport coming under the following groups:. Ex sleeping- and dining-car services; maintenance of railway stock in repair sheds; cleaning of carriages. Ex maintenance of stock for other passenger land transport such as motor cars, coaches, taxis. Ex 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.