27.11.2004 |
EN |
Official Journal of the European Union |
L 352/129 |
DECISION No 1/2004 OF THE EU-SWISS JOINT COMMITTEE
of 30 April 2004
amending Annex III (Mutual recognition of professional qualifications) to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons
(2004/802/EC)
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (the Agreement), and in particular Articles 14 and 18 thereof,
Whereas:
(1) |
The Agreement was signed on 21 June 1999 and entered into force on 1 June 2002. The Community acts taken into account in Annex III were those in force on 31 December 1998. |
(2) |
Annex III should now be updated to take account of amendments made since 21 June 1999, essentially by Directives 1999/42/EC (1) and 2001/19/EC (2). |
(3) |
The amendments to Annex III will take effect from the date on which this Decision enters into force, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex III to the Agreement will be replaced by the text set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the day of its adoption by the EU-Swiss Joint Committee.
Done at Brussels, 30 April 2004.
For the Joint Committee
The President
Dieter GROSSEN
ANNEX
‘ANNEX III
MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
SECTION A
Acts referred to
A. General system
1. 389 L 0048: Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ L 19, 24.1.1989, p. 16), as amended by:
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1).
2. 392 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/58/EEC (OJ L 209, 24.7.1992, p. 25), as amended by:
— 394 L 0038: Commission Directive 94/38/EC of 26 July 1994 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 217, 23.8.1994, p. 8),
— 395 L 0043: Commission Directive 95/43/EC of 20 July 1995 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 184, 3.8.1995, p. 21),
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
— 397 L 0038: Commission Directive 97/38/EC of 20 June 1997 amending Annex C to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Council Directive 89/48/EEC (OJ L 184, 3.8.1997, p. 31),
— 32000 L 0005: Commission Directive 2000/5/EC of 25 February 2000 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 54, 26.2.2000, p. 42),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1).
3. 399 L 0042: Directive 99/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999, p. 77, with the corrigendum 31999L0042R(01) published in OJ L 23, 25.1.2002, p. 48).
B. Legal professions
4. 377 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17), as amended by:
— 1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91),
— 1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160),
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1).
For the purposes of this Agreement, the Directive shall be amended as follows:
the following shall be added to Article 1(2):
“Switzerland:
Avocat |
Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech |
Avvocato.” |
— 398 L 0005: Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36).
For the purposes of this Agreement, the Directive is amended as follows:
the following text shall be added to Article 1(2)(a):
“Switzerland:
Avocat |
Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech |
Avvocato.” |
C. Medical and paramedical activities
6. 381 L 1057: Council Directive 81/1057/EEC of 14 December 1981 supplementing Directives 75/362/EEC, 77/452/EEC, 78/686/EEC and 78/1026/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of doctors, nurses responsible for general care, dental practitioners and veterinary surgeons respectively, with regard to acquired rights (OJ L 385, 31.12.1981, p. 25).
Doctors of medicine
7. 393 L 0016: Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 165, 7.7.1993, p. 1), as amended by:
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
— 398 L 0021: Commission Directive 98/21/EC of 8 April 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 119, 22.4.1998, p. 15),
— 398 L 0063: Commission Directive 98/63/EC of 3 September 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 253, 15.9.1998, p. 24),
— 399 L 0046: Commission Directive 1999/46/EC of 21 May 1999 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 139, 2.6.1999, p. 25),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1),
— 52002 XC 0316 (02): Communication: Notification of titles of qualification in specialised medicine,
— 52002 XC 1128 (01): Notification of titles of qualification in specialised medicine;
(a) |
Article 3 shall be replaced by Annex A on diplomas, certificates and other evidence of formal qualifications, to which the following text shall be added: “ANNEX A Diplomas, certificates and other evidence of formal qualifications in medicine
|
(b) |
Article 5 shall be replaced by Annex B on diplomas, certificates and other evidence of formal qualifications in specialised medicine, to which the following text shall be added: “ANNEX B Diplomas, certificates and other evidence of formal qualifications in specialised medicine
|
(c) |
Articles 5(3) and 7(2) shall be replaced by Annex C on titles of training courses in specialised medicine, to which the following text shall be added: “ANNEX C Types of specialist medical training
|
8. 96/C/216/03: List of designations of diplomas, certificates and other evidence of formal qualifications as general medical practitioner published in accordance with Article 41 of Directive 93/16/EEC:
i) |
titles of diplomas, certificates and other evidence of formal qualifications
|
ii) |
professional titles:
|
Nurses
9. 377 L 0452: 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 (OJ L 176, 15.7.1977, p. 1), as amended by:
— 1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91),
— 1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160),
— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),
— 389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 30).
— 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1);
for the purposes of this Agreement, the Directive shall be amended as follows:
(a) |
the following text shall be added to Article 1(2): “in Switzerland:
|
(b) |
Article 3 shall be replaced by the Annex on diplomas, certificates and other evidence of formal qualifications in nursing (general care), to which the following text shall be added: “ANNEX Titles of diplomas, certificates and other evidence of formal qualifications in nursing (general care)
|
10. 377 L 0453: Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of nurses responsible for general care (OJ L 176, 15.7.1977, p. 8), as amended by:
— 389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 30),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1).
Dental practitioners
11. 378 L 0686: Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 233, 24.8.1978, p. 1), as amended by:
— 1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91),
— 1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160),
— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),
— 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1);
for the purposes of this Agreement, the Directive shall be amended as follows:
(a) |
the following text shall be added to Article 1: “in Switzerland:
|
(b) |
Article 3 shall be replaced by Annex A on the diplomas, certificates and other evidence of the formal qualifications of dental practitioner, to which the following text shall be added: “ANNEX A Titles of diplomas, certificates and other evidence of formal qualifications of dental practitioners
|
(c) |
Article 5, point 1, shall be replaced by Annex B on the titles of diplomas, certificates and other evidence of formal qualifications of practitioners of specialist dentistry, to which the following text shall be added: “ANNEX B Titles of diplomas, certificates and other evidence of formal qualifications of specialist dental practitioners (a) Orthodontics
(b) Oral surgery
|
12. 378 L 0687: Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners (OJ L 233, 24.8.1978, p. 10), as amended by:
— 95/1/EC, Euratom, , ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1).
Veterinary surgeons
13. 378 L 1026: Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 362, 23.12.1978, p. 1), as amended by:
— 1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 92)
— 1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160),
— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),
— 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1);
Article 3 shall be replaced by the Annex on diplomas, certificates and other evidence of formal qualifications in veterinary medicine, to which the following text shall be added:
“ANNEX
Titles of diplomas, certificates and other evidence of formal qualifications in veterinary medicine
Country |
Title of diploma |
Body awarding diploma |
Certificate accompanying diploma |
Switzerland |
Diplôme fédéral de vétérinaire Eidgenössisches Tierarztdiplom Diploma federale di veterinario |
Département fédéral de l’intérieur Eidgenössisches Departement des Innern Dipartimento federale dell’interno” |
|
14. 378 L 1027: Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons (OJ L 362, 23.12.1978, p. 7), as amended by:
— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1).
Midwives
15. 380 L 0154: Council Directive 80/154/EEC of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 33, 11.2.1980, p. 1), as amended by:
— 380 L 1273: Council Directive 80/1273/EEC of 22 December 1980 (OJ L 375, 31.12.1980, p. 74),
— 185 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 161),
— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),
— 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1);
for the purposes of this Agreement, the Directive shall be amended as follows:
(a) |
the following text shall be added to Article 1: “in Switzerland:
|
(b) |
Article 3 shall be replaced by the Annex on diplomas, certificates and other evidence of formal qualifications of midwifery, to which the following text shall be added: “ANNEX Titles of diplomas, certificates and other evidence of formal qualifications in midwifery
|
16. 380 L 0155: Council Directive 80/155/EEC of 21 January 1980 concerning the coordination of provisions laid down by law, regulation or administrative action relating to the taking up and pursuit of the activities of midwives (OJ L 33, 11.2.1980, p. 8), as amended by:
— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1).
Pharmacy
17. 385 L 0432: Council Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy (OJ L 253, 24.9.1985, p. 34), as amended by:
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1).
18. 385 L 0433: Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (OJ L 253, 24.9.1985, p. 37), as amended by:
— 385 L 0584: Council Directive 85/584/EEC of 20 December 1985 (OJ L 372, 31.12.1985, p. 42),
— 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1);
for the purposes of this Agreement, the Directive shall be amended as follows:
Article 4 shall be replaced by the Annex on diplomas, certificates and other evidence of professional qualifications in pharmacy, to which the following text shall be added:
“ANNEX
Titles of diplomas, certificates and other evidence of formal qualifications in pharmacy
Country |
Title of diploma |
Body awarding diploma |
Certificate accompanying diploma |
Switzerland |
Diplôme de pharmacien Eidgenössisches Apothekerdiplom Diploma federale di farmacista |
Département fédéral de l’intérieur Eidgenössisches Departement des Innern Dipartimento federale dell’interno” |
|
D. Architecture
19. 385 L 0384: Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 223, 21.8.1985, p. 15), as amended by:
— 385 L 0614: Council Directive 85/614/EEC of 20 December 1985 (OJ L 376, 31.12.1985, p. 1),
— 386 L 0017: Council Directive 86/17/EEC of 27 January 1986 (OJ L 27, 1.2.1986, p. 71),
— 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
— 32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending 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 (OJ L 206, 31.7.2001, p. 1);
(a) |
the following text shall be added to Article 11: “in Switzerland:
|
(b) |
Article 15 does not apply. |
20. 98/C/217: Diplomas, certificates and other evidence of formal qualifications in Architecture which are the object of mutual recognition by the Member States (updating of Communication 96/C 205 of 16 July 1996) (OJ C 217, 11.7.1998). (updated by Communications 99/C/351/10 of 4 December 1999, OJ C 351 of 4 December 1999, 2001 C/333/02 of 28 November 2001, OJ C 333 of 28 November 2001, 2002/C 214/03 of 10 September 2002, with the corrigendum published in OJ C 79 of 2/4/2003 and 2003/C).
For the purposes of this Agreement, the following text shall be added to the update 2003/C 294/02 of 4 December 2003, OJ 294 of 4 December 2003 (with the corrigendum published in OJ C 297 of 9 December 2003):
“in Switzerland:
— |
les diplômes délivrés par l' Accademia di Architettura dell'Università della Svizzera Italiana: diploma di architettura (arch. dipl. USI)” |
E. Commerce and intermediaries
21. |
Directives Nos364 L 022, 364 L 0223, 364 L 0224, 368 L 0363, 368 L 0364, 370 L 0522, 370 L 0523 and 375 L 0369 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
Trade in and distribution of toxic products
22. 374 L 0556: Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries (OJ L 307, 18.11.1974, p. 1).
22a. 374 L 0557: Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products (OJ L 307, 18.11.1974, p. 5), as amended by:
— 95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1).
For the purposes of this Agreement, the Directive shall be amended as follows:
“in Switzerland:
All the products and toxic substances set out in Article 2 of the poisons act (SR 813.0), and in particular those on the list of toxic substances and products 1, 2 and 3, in accordance with Article 3 of the Regulation on toxic substances (SR 813.01)”.
Self-employed commercial agents
23. 386 L 0653: Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ L 382, 31.12.1986, p. 17).
F. Industry and small craft industries
24. |
The Directives Nos 364 L 0427, 364 L 0429, 364 L 0428, 366 L 0162, 368 L 0365, 368 L 0366 and 369 L 0082 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
G. Activities incidental to transport
25. |
The Directive No 382 L 0470 is repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
H. Film industry
26. |
The Directives Nos 363 L 0607, 365 L 0264, 368 L 0369 and 370 L 0451 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
I. Other sectors
27. |
The Directives Nos 367 L 0043, 368 L 0367, 368 L 0368, 375 L 0368 and 382 L 0489 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
J. Agriculture
28. |
The Directives Nos 363 L 0261, 363 L 0262, 365 L 0001, 367 L 0530, 367 L 0531, 367 L 0532, 367 L 0654, 368 L 0192, 368 L 0415 and 371 L 0018 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
K. Miscellaneous
29. 385 D 0368: Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (OJ L 199, 31.7.1985, p. 56).
SECTION B
Acts of which the parties shall take note
The contracting parties shall take note of the content of the following acts:
In general terms
30. 374 Y 0820(01): Council Resolution of 6 June 1974 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications (OJ C 98, 20.8.1974, p. 1).
General system
31. 389 L 0048: Declaration of the Council and the Commission on Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ L 19, 24.1.1989, p. 23).
Doctors of medicine
32. 375 X 0366: Council Recommendation 75/366/EEC of 16 June 1975 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred in a third country (OJ L 167, 30.6.1975, p. 20).
33. 375 X 0367: Council Recommendation 75/367/EEC of 16 June 1975 on the clinical training of doctors (OJ L 167, 30.6.1975, p. 21).
34. 375 Y 0701(01): Council statements made on adopting the texts concerning freedom of establishment and freedom to provide services for doctors within the Community (OJ C 146, 1.7.1975, p. 1).
35. 386 X 0458: Council Recommendation 86/458/EEC of 15 September 1986 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred by a third State (OJ L 267, 19.9.1986, p. 30).
36. 389 X 0601: Commission Recommendation 89/601/EEC of 8 November 1989 concerning the training of health personnel in the matter of cancer (OJ L 346, 27.11.1989, p. 1).
Dental practitioners
37. 378 Y 0824(01): Council Statement on the Directive concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental surgeons (OJ C 202, 24.8.1978, p. 1).
Veterinary medicine
38. 378 X 1029: Council Recommendation 78/1029/EEC of 18 December 1978 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in veterinary medicine conferred in a third country (OJ L 362, 23.12.1978, p. 12).
39. 378 Y 1223(01): Council statements on the Directive concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ C 308, 23.12.1978, p. 1).
Pharmacy
40. 385 X 0435: Council Recommendation 85/435/EEC of 16 September 1985 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in pharmacy conferred in a third State (OJ L 253, 24.9.1985, p. 45).
Architecture
41. 385 X 0386: Council Recommendation 85/386/EEC of 10 June 1985 concerning holders of a diploma in architecture awarded in a third country (OJ L 223, 21.8.1985, p. 28).’