Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of this right of establishment and freedom to provide services
Modified by
  • Actconcerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties, 11979H, November 19, 1979
  • Actconcerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, 11985I, November 15, 1985
  • Council Directiveof 30 October 1989amending Directives 75/362/EEC, 77/452/EEC, 78/686/EEC, 78/1026/EEC and 80/154/EEC relating to the mutual recognition of diplomas, certificates and other evidence of formal qualifications as doctors, nurses responsible for general care, dental practitioners, veterinary surgeons and midwives, together with Directives 75/363/EEC, 78/1027/EEC and 80/155/EEC concerning the coordination of provisions laid down by law, regulation or administrative action relating to the activities of doctors, veterinary surgeons and midwives(89/594/EEC), 31989L0594, November 23, 1989
  • Council Directiveof 10 October 1989amending Directive 77/452/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, and amending Directive 77/453/EEC concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of nurses responsible for general care(89/595/EEC), 31989L0595, November 23, 1989
  • Council Directiveof 4 December 1990amending certain Directives on the recognition of professional qualifications consequent upon the unification of Germany(90/658/EEC), 31990L0658, December 17, 1990
  • Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08) Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 11994N31995D0001, August 29, 1994
  • Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 31995D0001, January 1, 1995
  • Directive 2001/19/EC of the European Parliament and of the Councilof 14 May 2001amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council 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 and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor(Text with EEA relevance), 32001L0019, July 31, 2001
  • Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 12003T, September 23, 2003
  • Directive 2005/36/EC of the European Parliament and of the Councilof 7 September 2005on the recognition of professional qualifications(Text with EEA relevance), 32005L0036, September 30, 2005
  • Council Directive 2006/100/ECof 20 November 2006adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, 32006L0100, December 20, 2006
Council Directiveof 27 June 1977concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services(77/452/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57, 66 and 235 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European ParliamentOJ No C 65, 5. 6. 1970, p. 12., Having regard to the opinion of the Economic and Social CommitteeOJ No C 108, 26. 8.1970, p. 23., Whereas, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period; whereas the principle of such treatment based on nationality applies in particular to the grant of any authorization required to practise as a nurse responsible for general care and also to the registration with or membership of professional organizations or bodies; Whereas it nevertheless seems desirable that certain provisions be introduced to facilitate the effective exercise of the right of establishment and freedom to provide services in respect of the activities of nurses responsible for general care; Whereas, pursuant to the Treaty, the Member States are required not to grant any form of aid likely to distort the conditions of establishment; Whereas Article 57 (1) of the Treaty provides that Directives be issued for mutual recognition of diplomas, certificates and other evidence of formal qualifications; Whereas it would appear advisable that, contemporaneously with the mutual recognition of diplomas, provision should be made for coordinating the conditions governing the training of nurses responsibles for general care; whereas such coordination is the subject of Directive 77/453/EECSee page 8 of this Official Journal.; Whereas in several Member States the law makes the right to take up and pursue the activities of a nurse responsible for general care dependent upon the possession of a nursing diploma; whereas in certain other Member States where this requirement does not exist, the right to use the title of nurse responsible for general care is nevertheless governed by law; Whereas, with regard to the possession of a formal certificate of training, since a Directive on the mutual recognition of diplomas does not necessarily imply equivalence in the training covered by such diplomas; the use of such qualifications should be authorized only in the language of the Member State of origin or of the Member State from which the foreign national comes; Whereas, to facilitate the application of this Directive by the national authorities, Member States may prescribe that, in addition to formal certificates of training, the person who satisfies the conditions of training required by this Directive must provide a certificate from the competent authorities of his country of origin or of the country from which he comes stating that these certificates of training are those covered by the Directive; Whereas, with regard to the requirements relating to good character and good repute, a distinction should be drawn between the requirements to be satisfied on first taking up the profession and those to be satisfied to practise it; Whereas, in the case of the provision of services, the requirement of registration with or membership of professional organizations or bodies, since it is related to the fixed and permanent nature of the activity pursued in the host country, would undoubtedly constitute an obstacle to the person wishing to provide the service, by reason of the temporary nature of his activity; whereas this requirement should therefore be abolished; whereas, however, in this event, control over professional discipline, which is the responsibility of these professional organizations or bodies, should be guaranteed; whereas, to this end, it should be provided, subject to the application of Article 62 of the Treaty, that the person concerned may be required to submit to the competent authority of the host Member State particulars relating to the provision of services; Whereas, as far as the activities of employed nurses responsible for general care are concerned, Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the CommunityOJ No L 257, 19. 10. 1968, p. 2. lays down no specific provisions relating to good character or good repute, professional discipline or use of title for the professions covered; whereas, depending on the individual Member State, such rules are or may be applicable both to employed and self-employed persons; whereas the activities of a nurse responsible for general care are subject in several Member States to possession of a diploma, certificate or other evidence of formal qualification in nursing; whereas such activities are pursued by both employed and self-employed persons, or by the same persons in both capacities in the course of their professional career; whereas, in order to encourage as far as possible the free movement of those professional persons within the Community, it therefore appears necessary to extend this Directive to employed nurses, HAS ADOPTED THIS DIRECTIVE:
CHAPTER I SCOPE
Article 1 1. This Directive shall apply to the activities of nurses responsible for general care. 2. For the purposes of this Directive "activities of nurses responsible for general care" shall mean activities pursued by persons holding the following titles: in Germany:"Krankenschwester", "Krankenpfleger"; in Belgium:"hospitalier(ère)/verpleegassistent(e)", "infirmier(ère) hospitalier(ère)/ziekenhuisverpleger (-verpleegster)"; in Denmark:"sygeplejerske"; in France:"infirmier(ère)"; in Ireland:Registered General Nurse; in Italy:"infermiere professionale"; in Luxembourg:"infirmier"; in the Netherlands:"verpleegkundige"; in the united Kingdom: England, Wales and Northern Ireland:"State Registered Nurse or Registered General Nurse"; Scotland:Registered General Nurse; in Greece:"Διπλωματούχος ή πτυχιούχος νοσοκόμος, νοσηλευτής ή νοσηλεύτρια;"; in Spain:"Enfermero/a diplomado/a;" in Portugal:"Enfermeiro"; in Austria:"Diplomierte Krankenschwester/Diplomierter Krankenpfleger"; in Finland:"sairaanhoitajasjukskötare"; in Sweden:"sjuksköterska"; in the Czech Republic:"všeobecná sestra/všeobecný ošetřovatel"; in Estonia:"õde"; in Cyprus:"Εγγεγραμμένος Νοσηλευτής"; in Latvia:"māsa"; in Lithuania:"Bendrosios praktikos slaugytojas"; in Hungary:"ápoló"; in Malta:"Infermier Reġistrat tal-Ewwel Livell"; in Poland:"pielęgniarka"; in Slovenia:"diplomirana medicinska sestra / diplomirani zdravstvenik"; in Slovakia:"sestra"; in Bulgaria:"Медицинска сестра"; in Romania:"asistent medical generalist".
CHAPTER II DIPLOMAS; CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS OF NURSES RESPONSIBLE FOR GENERAL CARE
Article 2 Each Member State shall recognize the diplomas, certificates and other evidence of formal qualifications awarded to nationals of Member States by other Member States in accordance with Article 1 of Directive 77/453/EEC and which are listed in the Annex, by giving such qualifications, as far as the right to take up and pursue the activities of a nurse responsible for general care in a self-employed capacity is concerned, the same effect in its territory as those which the Member State itself awards.
Article 3 The diplomas, certificates and other evidence of formal qualifications referred to in Article 2 are the following: (a)in Germany: the certificates awarded by the competent authorities as a result of the "staatliche Prufung in der Krankenpflege" (State nursing. examintion); the certificates from the competent authorities of the Federal Republic of Germany stating that the diplomas awarded after 8 May 1945 by the competent authorities of the German Democratic Republic are recognized as equivalent to those listed in the first indent; (b)in Belgium: the certificate of "hospitalier(ère)/verpleegassistent(e)" awarded by the State or by schools established or recognized by the State, the certificate of "infirmier(ère) hospitalier(ère)/ziekenhuisverpleger (-verpleegster)" awarded by the State or by schools established or recognized by the State, the diploma of "infirmier(ère) gradué(e) hospitalier(ère)/gegradueerd ziekenhuisverpleger (-verpleegster)" awarded by the State or by higher paramedical colleges established or recognized by the State; (c)in Denmark: the diploma of "sygeplejerske" awarded by nursing schools recognized by the "Sundhedsstyrelsen" (State board of health) (d)in France: the State diploma of "infirmier(ère)". awarded by the Ministry of Health; (e)in Ireland: the certificate of "Registered General Nurse". awarded by "An Bord Altranais" (the Nursing Board); (f)in Italy: the "diploma di infermiere professionale" awarded by State-recognized schools; (g)in Luxembourg: the State diploma of "infirmier" the State diploma of "infirmier hospitalier gradué"awarded by the Ministry of Public Health on the strength of an examining board decision; (h)in the Netherlands: the diplomas of "verpleger A", "verpleegster A" or "verpleegkundige A", the diploma of "verpleegkundige MBOV (Middelbare Beroepsopleiding Verpleegkundige)" (intermediate nursing training), the diploma of "verpleegkundige HBOV (Hogere Beroepsopleiding Verpleegkundige)" (higher nursing training),awarded by one of the examining boards appointed by the public authorities; (i)in the United Kingdom: a statement of registration as a Registered General Nurse in Part I of the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting; (j)in Greece: "Το δίπλωμα Αδελφής Νοσοκόμας της Ανωτέρας Σχολής Αδελφών Νοσοκόμων" (diploma of general nurse from the advanced school of general nursing), authenticated by the Ministry of Social Services or by the Ministry of Health and Social Welfare, or "Το πτυχίο Νοσοκόμον του Τμήματος Αδελφών Νοσοκόμων των Παραϊατρικών Σχολών των Κέντρων Ανωτέρας Τεχνικής και Επαγγελματικής Εκπαίδευσης" (degree in nursing from the nursing sections of the paramedical schools at the advanced centres of technical and vocational training) awarded by the Ministry of Education and Religious Affairs, or "Το πτυχίο νοσηλευτή ή νοσηλεύτριας των Τεχνολογικών Εκπαιδευτικών Ιδρυμάτων (ΤΕΙ)" (degree in nursing from the technological training establishments) run by the Ministry of Education and Religious Affairs, or "Το πτυχίο της Ανωτάτης Νοσηλευτικής της Σχολής Επαγγελμάτων Υγείας, Τμήμα Νοσηλευτικής του Πανεπτιστημίου Αθηνών" (degree in nursing from the faculty of health sciences, nursing section, University of Athens); (k)in Spain: "Título de Diplomado en Enfermería" (university diploma in nursing) awarded by the Ministry for Education and Science or the rector of a university; (l)in Portugal: "Diploma do curso de enfermagem geral" (diploma in general nursing) awarded by State recognized educational establishments and registered by the competent authority; (m)in Austria: "Diplom in der allgemeinen Krankenpflege" (diploma of general nursing) issued by nursing schools recognized by the government; (n)in Finland: diploma of "sairaanhoitajasjukskötare" (diploma in nursing or polytechnic diplomain nursing) awarded by a college of nursing; (o)in Sweden: diploma of "sjuksköterska" (university diploma in nursing) awarded by a college of nursing.
CHAPTER III EXISTING CIRCUMSTANCES
Article 4 1. In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications do not satisfy all the minimum training requirements laid down in Article 1 of Directive 77/453/EEC, each Member State shall recognize, as being sufficient proof, the diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care awarded by those Member States before the implementation of Directive 77/453/ EEC, accompanied by a certificate stating that: those nationals have effectively and lawfully been engaged in the activities of nurses responsible for general care for at least three years during the five years prior to the date of issue of the certificate. These activities must have included taking full responsibility for the planning, organization and carrying out of the nursing care of the patient. 2. In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications as nurse responsible for general care do not conform with the qualifications or designations set out in the Annex, each Member State shall recognize as being sufficient proof the diplomas, certificates and other evidence of formal qualifications awarded by those Member States, accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that the diplomas, certificates and other evidence of formal qualifications as nurse responsible for general care were awarded following training in accordance with the provisions of Directive 77/453/EEC, referred to in Article 2 of the present Directive, and are treated by the Member State which awarded them as the qualifications or designations set out in the Annex of the present Directive.
Article 4a In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications as nurses responsible for general care attest to training received on the territory of the former German Democratic Republic which does not satisfy all the minimum training requirements laid down in Article 1 of Directive 77/453/EEC, Member States other than Germany shall recognize those diplomas, certificates and other evidence of former qualifications as being sufficient proof if: they attest to training commenced before German unification, they entitle the holder to pursue the activities of a nurse responsible for general care throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in the Annex, and they are accompanied by a certificate issued by the competent German authorities stating that those nationals have effectively and lawfully been engaged in the activities of nurse responsible for general care in Germany for at least three years during the five years prior to the date of issue of the certificate. These activities must have included taking full responsibility for the planning, organization and carrying-out of the nursing care of the patient.
Article 4b As regards the Polish qualification of nurse responsible for general care, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, Poland before the date of accession and which does not satisfy the minimum training requirements laid down in Article 1 of Directive 77/453/EEC, Member States shall recognise the following diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Poland for the period specified below: diploma of bachelor of nursing (dyplom licencjata pielęgniarstwa) - at least three consecutive years during the five years prior to the date of issue of the certificate, diploma of nurse (dyplom pielęgniarki albo pielęgniarki dyplomowanej) with post-secondary education obtained from a medical vocational school - at least five consecutive years during the seven years prior to the date of issue of the certificate. The said activities must have included taking full responsibility for the planning, organisation and carrying out of the nursing care of the patient.
Article 4c 1. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, the former Czechoslovakia before 1 January 1993, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof when the authorities of the Czech Republic attest that those qualifications have, on its territory, the same legal validity as Czech qualifications of nurse responsible for general care as regards access to the profession of nurse responsible for general care and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of the Czech Republic for at least three consecutive years during the five years prior to the date of issue of the certificate. 2. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, the former Soviet Union before 20 August 1991, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof when the authorities of Estonia attest that those qualifications have, on its territory, the same legal validity as Estonian qualifications of nurse responsible for general care as regards access to the profession of nurse responsible for general care and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Estonia for at least three consecutive years during the five years prior to the date of issue of the certificate. 3. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, the former Soviet Union before 21 August 1991, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof when the authorities of Latvia attest that those qualifications have, on its territory, the same legal validity as Latvian qualifications of nurse responsible for general care as regards access to the profession of nurse responsible for general care and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Latvia for at least three consecutive years during the five years prior to the date of issue of the certificate. 4. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, the former Soviet Union before 11 March 1990, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof when the authorities of Lithuania attest that those qualifications have, on its territory, the same legal validity as Lithuanian qualifications of nurse responsible for general care as regards access to the profession of nurse responsible for general care and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Lithuania for at least three consecutive years during the five years prior to the date of issue of the certificate. 5. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, the former Czechoslovakia before 1 January 1993, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof when the authorities of Slovakia attest that those qualifications have, on its territory, the same legal validity as Slovak qualifications of nurse responsible for general care as regards access to the profession of nurse responsible for general care and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Slovakia for at least three consecutive years during the five years prior to the date of issue of the certificate. 6. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, Yugoslavia before 25 June 1991, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof when the authorities of Slovenia attest that those qualifications have, on its territory, the same legal validity as Slovenian qualifications of nurse responsible for general care as regards access to the profession of nurse responsible for general care and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Slovenia for at least three consecutive years during the five years prior to the date of issue of the certificate.
Article 4d 1. By way of derogation from the present Directive, Bulgaria may authorise the holders of the qualification of "фелдшер" (feldsher) awarded in Bulgaria before 31 December 1999 and exercising this profession under the Bulgarian national social security scheme on 1 January 2000 to continue to exercise the said profession, even if parts of their activity fall under the present Directive. 2. The holders of the Bulgarian qualification of "фелдшер" (feldsher) referred to in paragraph 1 are not entitled to obtain professional recognition in other Member States under this Directive.
Article 4e As regards the Romanian qualification of nurse responsible for general care, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, Romania before the date of accession and which does not satisfy the minimum training requirements laid down in Article 1 of Directive 77/453/EEC, Member States shall recognise the following diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania for the period specified below: diploma of nurse (Certificat de competențe profesionale de asistent medical generalist) with post-secondary education obtained from a școală postliceală — at least five consecutive years during the seven years prior to the date of issue of the certificate. The said activities must have included taking full responsibility for the planning, organisation and carrying out of the nursing care of the patient.;
CHAPTER IV USE OF ACADEMIC TITLE
Article 5 1. Without prejudice to Article 13, host Member States shall ensure that nationals of Member States who fulfil the conditions laid down in Articles 2 and 4 have the right to use the lawful academic title, inasmuch as it is not identical to the professional title, or, where appropriate, the abbreviation thereof of their Member State of origin or of the Member State from which they come, in the language or languages of that State. Host Member States may require this title to be followed by the name and location of the establishment or examining board which awarded it. 2. If the academic title used in the Member State of origin, or in the Member State from which a foreign national comes, can be confused in the host Member State with a title requiring, in that State, additional training which the person concerned has not undergone, the host Member State may require such a person to use the title employed in the Member State of origin or the Memer State from which he comes. in suitable wording to be indicated by the host Member State.
CHAPTER V PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF NURSES RESPONSIBLE FOR GENERAL CARE A.Provisions specifically relating to the right of establishment
Article 6 1. A host Member State which requires of its nationals proof of good character or good repute when they take up for the first time any activity referred to in Article 1 shall accept as sufficient evidence, in respect of nationals of other Member States, a certificate issued by a competent authority in the Member State of origin or in the Member State from which the foreign national comes attesting that the requirements of the Member State as to good character or good repute for taking up the activity in question have been met. 2. Where the Member State of origin or the Member State from which the foreign national comes does not require proof of good character or good repute of persons wishing to take up the activity in question for the first time, the host Member State may require of nationals of the Member State of origin or of the Member State from which the foreign national comes an extract from the "judicial record" or, failing this, an equivalent document issued by a competent authority in the Member State of origin or the Member State from which the foreign national comes. 3. If the host Member State has detailed knowledge of a serious matter which has occurred, prior to the establishment of the person concerned in that State, outside its territory and which is likely to affect the taking up within its territory of the activity concerned, it may inform the Member State of origin or the Member State from which the foreign national comes. The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts. Its authorities shall decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the certificates or documents they have issued. Member States shall ensure the confidentiality of the information made available.
Article 7 1. Where, in a host Member State, provisions laid down by law, regulation or administrative action are in force laying down requirements as to good character or good repute, including provisions for disciplinary action in respect of serious professional misconduct or conviction for criminal offences and relating to the pursuit of any of the activities referred to in Article 1, the Member State of origin or the Member State from which the foreign national comes shall forward to the host Member State all necessary information regarding measures or disciplinary action of a professional or administrative nature taken in respect of the person concerned, or criminal penalties imposed on him when pursuing his profession in the Member State of origin or in the Member State from which he came. 2. If the host Member State has detailed knowledge of a serious matter which has occurred, prior to the establishment of the person concerned in that State, outside its territory and which is likely to affect the pursuit within its territory of the activity concerned, it may inform the Member State of origin or the Member State from which the foreign national comes. The Member State of origin or, the Member State from which the foreign national comes shall verify the accuracy of the facts. Its authorities shall decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the information they have forwarded in accordance with paragraph 1. 3. Member States shall ensure the confidentiality of the information which is forwarded.
Article 8 Where a host Member State requires of its own nationals wishing to take up or pursue any of the activities referred to in Article 1 a certificate of physical or mental health, that State shall accept as sufficient evidence thereof the presentation of the document required in the Member State of origin or in the Member State from which the foreign national comes. Where the Member State of origin or the Member State from which the foreign national comes does not impose any requirements of this nature on those wishing to take up or pursue the activity in question, the host Member State shall accept from such national a certificate issued by a competent authority in that State corresponding to the certificates issued in the host Member State.
Article 9 Documents issued in accordance with Articles 6, 7 and 8 may not be presented more than three months after their date of issue.
Article 10 1. The procedure for authorizing the person concerned to take up any activity referred to in Article 1, pursuant to Articles 6, 7 and 8, must be completed as soon as possible and not later than three months after presentation of all the documents relating to such person, without prejudice to delays resulting from any appeal that may be made upon the termination of this procedure. 2. In the cases referred to in Articles 6 (3) and 7 (2), a request for re-examination shall suspend the period stipulated in paragraph 1. The Member State consulted shall give its reply within three months. On receipt of the reply or at the end of the period the host Member State shall continue with the procedure referred to in paragraph 1.
Article 10a Where a host Member State requires its own nationals wishing to take up or pursue one of the activities referred to in Article 1 to take an oath or make a solemn declaration and where the form of such an oath or declaration cannot be used by nationals of other Member States, the host Member State shall ensure that an appropriate and equivalent form of oath or declaration is offered to the persons concerned.
B.Special provisions relating to the provision of services
Article 11 1. Where a Member State requires of its own nationals wishing to take up or pursue any of the activities referred to in Article 1 an authorization, or membership of or registration with a professional organization or body, that Member State shall in the case of the provision of services exempt the nationals of Member States from that requirement. The person concerned shall provide services with the same rights and obligations as the nationals of the host Member State; in particular he shall be subject to the rules of conduct of a professional or administrative nature which apply in that Member State. For this purpose and in addition to the declaration provided for in paragraph 2 relating to the services to be provided, Member States may, so as to permit the implementation of the provisions relating to professional conduct in force in their territory, require either automatic temporary registration or pro forma membership of a professional organization or body or, as an alternative, registration, provided that such registration or membership does not delay or in any way complicate the provision of services or impose any additional costs on the person providing the services. Where a host Member State adopts a measure pursuant to the second subparagraph or becomes aware of facts which run counter to these provisions, it shall forthwith inform the Member State where the person concerned is established. 2. The host Member State may require the person concerned to make a prior declaration to the competent authorities concerning the provision of his services where they involve a temporary stay in its territory. In urgent cases this declaration may be made as soon as possible after the services have been provided. 3. Pursuant to paragraphs 1 and 2, the host Member State may require the person concerned to supply one or more documents containing the following particulars: the declaration referred to in paragraph 2, a certificate stating that the person concerned is lawfully pursuing the activities in question in the Member State where he is established, a certificate that the person concerned holds one or other of the diplomas, certificates or other evidence of formal qualification appropriate for the provision of the services in question and referred to in this Directive. 4. The document or documents specified in paragraph 3 may not be produced more than 12 months after their date of issue. 5. Where a Member State temporarily or permanently deprives, in whole or in part, one of its nationals or a national of another Member State established in its territory of the right to pursue one of the activities referred to in Article 1, it shall, as appropriate, ensure the temporary or permanent withdrawal of the certificate referred to in the second indent of paragraph 3.
Article 12 Where registration with a public social security body is required in a host Member State for the settlement with insurance bodies of accounts relating to services rendered to persons insured under social security schemes, that Member State shall exempt nationals of Member States established in another Member State from this requirement in cases of provision of services entailing travel on the part of the person concerned. However, the persons concerned shall supply information to this body in advance or, in urgent cases, subsequently, concerning the services provided.
C.Provisions common to the right of establishment and freedom to provide services
Article 13 Where in, a host Member State the use of the professional title relating to one of the activities referred to in Article 1 is subject to rules, nationals of other Member States who fulfil the conditions laid down in Articles 2 and 4 shall use the professional title of the host Member State which, in that State, corresponds to those conditions of qualification, and shall use the abbreviated title.
Article 14 Where a host Member State requires its own nationals wishing to take up or pursue one of the activities referred to in Article 1 to take an oath or make a solemn declaration and where the form of such oath or declaration cannot be used by nationals of other Member States, that Member State shall ensure that an appropriate and equivalent form of oath or declaration is offered to the person concerned.
Article 15 1. Member States shall take the necessary measures to enable the persons concerned to obtain information on the health and social security laws and, where applicable, on the professional ethics of the host Member State. For this purpose, Member States may set up information centres from which such persons may obtain the necessary information. In the case of establishment, the host Member States may require the persons concerned to contact these centres. 2. Member States may set up the centres referred to in paragraph 1 within the competent authorities and bodies which they must designate within the period laid down in Article 19 (1). 3. Member States shall see to it that, where appropriate, the persons concerned acquire, in their own interest and in that of their patients, the linguistic knowledge necessary for the exercise of their profession in the host Member State.
CHAPTER VI FINAL PROVISIONS
Article 16 In the event of justified doubts, the host Member State may require of the competent authorities of another Member State confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications issued in that other Member State and referred to in Chapters II and III, and also confirmation of the fact that the person concerned has fulfilled all the training requirements laid down in Directive 77/453/EEC.
Article 17 Within the time limit laid down in Article 19 (1), Member States shall designate the authorities and bodies competent to issue or receive the diplomas, certificates and other.evidence of formal qualifications as well as the documents and information referred to in this Directive, and shall forthwith inform the other Member States and the Commission thereof.
Article 18 This Directive shall also apply to nationals of Member States who, in accordance with Regulation (EEC) No 1612/68, are pursuing or will pursue as employed persons one of the activities referred to in Article 1.
Article 18a Member States shall notify the Commission of the laws, regulations or administrative provisions they adopt as regards the award of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive. The Commission shall publish an appropriate notice in the Official Journal of the European Communities, listing the names adopted by the Member States for the training qualification concerned and, where applicable, for the corresponding professional title.
Article 18b Each Member State shall recognise as sufficient proof, in respect of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive do not correspond to the names listed for that Member State in this Directive, the diplomas, certificates and other evidence of formal qualifications awarded by those Member States and accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that the diplomas, certificates and other evidence of formal qualifications in question have been awarded on completion of education and training that complies with the provisions of this Directive and are treated by the awarding Member State as equivalent to those whose names are listed therein.
Article 18c Member States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation.
Article 18d Where the application is rejected, Member States shall duly give the reasons for decisions on applications for recognition of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive. Applicants shall have a right of appeal before the courts under national law. That right of appeal shall likewise apply in the event of failure to reach a decision within the stipulated period.
Article 19 1. Member States shall bring into force the measures necessary to comply with this Directive within two years of its notification and shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 20 Where a Member State encounters major difficulties in certain fields when applying this Directive, the Commission shall examine these difficulties in conjunction with that State and' shall request the opinion of the Committee of Senior Officials on Public Health set up under Decision 75/365/EECOJ No L 167, 30. 6. 1975, p. 19., as amended by Decision 77/455/EECSee page 13 of this Official Journal.. Where necessary, the Commission shall submit appropriate proposals to the Council.
Article 21 This Directive is addressed to the Member States.
null ANNEX Titles of diplomas, certificates and other evidence of formal qualifications in nursing (general care)
Country Title of qualification Awarding body Certificate accompanying qualification
Belgique/België/Belgien 1.Diploma gegradueerde verpleger/verpleegster Diplôme d'infirmier(ère) gradué(e) Diplom eines (einer) graduierten Krankenpflegers (-pflegerin) 2.Diploma in de ziekenhuisverpleegkunde Brevet d'infirmier(ère) hospitalier(ère) Brevet eines (einer) Krankenpflegers (-pflegerin) 3.Brevet van verpleegassistent(e) Brevet d'hospitalier(ère) Brevet einer Pflegeassistentin 1.De erkende opleidingsinstituten/les établissements d'enseignement reconnus/die anerkannten Ausbildungsanstalten 2.De bevoegde Examencommissie van de Vlaamse Gemeenschap/le Jury compétent d'enseignement de la Communauté française/die zuständigen "Prüfungsausschüsse der Deutschsprachigen Gemeinschaft"
България Диплома за висше образование на образователно-квалификационна степен "Бакалавър" с професионална квалификация "Медицинска сестра" Университет
Česká republika 1.Diplom o ukončení studia ve studijním programu ošetřovatelství ve studijním oboru všeobecná sestra (bakalář, Bc.)2.Diplom o ukončení studia ve studijním oboru diplomovaná všeobecná sestra (diplomovaný specialista, DiS.) 1.Vysoká škola zřízená nebo uznaná státem2.Vyšší odborná škola zřízená nebo uznaná státem 1.Vysvědčení o státní závěrečné zkoušce2.Vysvědčení o absolutoriu
Danmark Eksamensbevis efter gennemført sygeplejerskeuddannelse Sygeplejeskole godkendt af Undervisningsministeriet
Deutschland Zeugnis über die staatliche Prüfung in der Krankenpflege Staatlicher Prüfungsausschuss
Eesti Diplom õe erialal 1.Tallinna Meditsiinikool2.Tartu Meditsiinikool3.Kohtla-Järve Meditsiinikool
Ελλάς 1.Πτυχίο Νοσηλευτικής Παν/μίου Αθηνών 2.Πτυχίο Νοσηλευτικής Τεχνολογικών Εκπαιδευτικών Ιδρυμάτων (Τ.Ε.Ι.) 3.Πτυχίο Αξιωματικών Νοσηλευτικής 4.Πτυχίο Αδελφών Νοσοκόμων πρώην Ανωτέρων Σχολών Υπουργείου Υγείας και Πρόνοιας 5.Πτυχίο Αδελφών Νοσοκόμων και Επισκεπτριών πρώην Ανωτέρων Σχολών Υπουργείου Υγείας και Πρόνοιας 6.Πτυχίο Τμήματος Νοσηλευτικής 1.Πανεπιστήμιο Αθηνών 2.Τεχνολογικά Εκπαιδευτικά Ιδρύματα Υπουργείο Εθνικής Παιδείας και Θρησκευμάτων 3.Υπουργείο Εθνικής Άμυνας 4.Υπουργείο Υγείας και Πρόνοιας 5.Υπουργείο Υγείας και Πρόνοιας 6.ΚΑΤΕΕ Υπουργείου Εθνικής Παιδείας και Θρησκευμάτων
España Titulo de Diplomado universitario en Enfermería Ministerio de Educación y Cultura/El rector de una Universidad
France 1.Diplôme d'Etat d'infirmier(ère) 2.Diplôme d'Etat d'infirmier(ère) délivré en vertu du décret no 99-1147 du 29 décembre 1999 Le ministère de la santé
Ireland Certificate of Registered General Nurse An Bord Altranais (The Nursing Board)
Italia Diploma di infermiere professionale Scuole riconosciute dallo Stato
Κύπρος Δίπλωμα Γενικής Νοσηλευτικής Νοσηλευτική Σχολή
Latvija 1.diploms par māsas kvalifikācijas iegūšanu2.māsas diploms 1.Māsu skolas2.Universitātes tipa augstskola pamatojoties uz Valsts eksāmenu komisijas lēmumu
Lietuva 1.Aukštojo mokslo diplomas, nurodantis suteiktą bendrosios praktikos slaugytojo profesinę kvalifikaciją2.Aukštojo mokslo diplomas (neuniversitetinės studijos), nurodantis suteiktą bendrosios praktikos slaugytojo profesinę kvalifikaciją 1.Universitetas2.Kolegija
Luxembourg 1.Diplôme d'Etat d'infirmier 2.Diplôme d'Etat d'infirmier hospitalier gradué Ministère de l'Education nationale, de la Formation professionnelle et des Sports
Magyarország 1.Ápoló bizonyítvány2.Diplomás ápoló oklevél3.Egyetemi okleveles ápoló oklevél 1.Iskola2.Egyetem / főiskola3.Egyetem
Malta Lawrja jew diploma fl-istudji tal-infermerija Universita'ta' Malta
Nederland 1.diploma's verpleger A, verpleegster A, verpleegkundige A 2.diploma verpleegkundige MBOV (Middelbare Beroepsopleiding Verpleegkundige) 3.diploma verpleegkundige HBOV (Hogere Beroepsopleiding Verpleegkundige) 4.diploma beroepsonderwijs verpleegkundige - Kwalificatieniveau 4 5.diploma hogere beroepsopleiding verpleegkundige - Kwalificatieniveau 5 1.Door een van overheidswege benoemde examencommissie 2.Door een van overheidswege benoemde examencommissie 3.Door een van overheidswege benoemde examencommissie 4.Door een van overheidswege aangewezen opleidingsinstelling 5.Door een van overheidswege aangewezen opleidingsinstelling
Österreich 1.Diplom als "Diplomierte Gesundheits- und Krankenschwester/Diplomierter Gesundheits- und Krankenpfleger" 2.Diplom als "Diplomierte Krankenschwester/Diplomierter Krankenpfleger" 1.Schule für allgemeine Gesundheits- und Krankenpflege 2.Allgemeine Krankenpflegeschule
Polska Dyplom ukończenia studiów wyższych na kierunku pielęgniarstwo z tytułem "magister pielęgniarstwa" 1.Uniwersytet Medyczny,2.Collegium Medicum Uniwersytetu Jagiellońskiego
Portugal 1.Diploma do curso de enfermagem geral 2.Diploma/carta de curso de bacharelato em enfermagem 3.Carta de curso de licenciatura em enfermagem 1.Escolas de Enfermagem 2.Escolas Superiores de Enfermagem 3.Escolas Superiores de Enfermagem; Escolas Superiores de Saúde
România 1.Diplomă de absolvire de asistent medical generalist cu studii superioare de scurtă durată 2.Diplomă de licență de asistent medical generalist cu studii superioare de lungă durată 1.Universități 2.Universități
Slovenija Diploma, s katero se podeljuje strokovni naslov "diplomirana medicinska sestra/diplomirani zdravstvenik" 1.Univerza2.Visoka strokovna šola
Slovensko 1.Vysokoškolský diplom o udelení akademického titulu "magister z ošetrovateľstva" ("Mgr.")2.Vysokoškolský diplom o udelení akademického titulu "bakalár z ošetrovateľstva" ("Bc.")3.Absolventský diplom v študijnom odbore diplomovaná všeobecná sestra 1.Vysoká škola2.Vysoká škola3.Stredná zdravotnícka škola
Suomi/Finland 1.Sairaanhoitajan tutkinto / sjukskötarexamen 2.Sosiaali- ja terveysalan ammattikorkeakoulututkinto, sairaanhoitaja (AMK) / yrkeshögskole-examen inom hälsovård och det sociala området, sjukskötare (YH) 1.Terveydenhuolto-oppilaitokset / hälsovårdsläroanstalter 2.Ammattikorkeakoulut / yrkeshögskolor
Sverige Sjuksköterskeexamen Universitet eller högskola
United Kingdom Statement of Registration as a Registered General Nurse in part 1 or part 12 of the register kept by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting Various