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31989L0594

Council Directive 89/594/EEC of 30 October 1989 amending 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

Official Journal L 341 , 23/11/1989 P. 0019 - 0029 Finnish special edition: Chapter 6 Volume 3 P. 0013  Swedish special edition: Chapter 6 Volume 3 P. 0013

COUNCIL DIRECTIVE of 30 October 1989 amending 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) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57 (1) and (2), first and third sentences, and 66 thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas certain technical amendents should be made to Directives 75/362/EEC (4), 77/452/EEC (5), 78/686/ EEC (6), 78/1026/EEC (7) and 80/154/EEC (8), as last amended by the Act of Accession of Spain and Portugal, concerning 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, and to Council Directive 75/363/EEC (9), as last amended by Directive 82/76/EEC (10), and Directives 78/1027/EEC (11) and 80/155/EEC (12), concerning the coordination  of provisions laid down by law, regulation or administrative action in respect of the activities of doctors, veterinary surgeons and midwives, respectively, in order to take account in particular of changes in the titles of diplomas, certificates and  other evidence of formal qualifications in these professions or in the designation of certain medical specializations, as well as of the establishment of certain new medical specializations or the discontinuing of certain former specializations which  have taken place in some Member States;  Whereas it is necessary to protect at Community level the rights acquired by the holders of former qualifications which are no longer awarded as a result of the above changes which have taken place in the rules of the Member State which awarded the  qualification to them and to supplement where necessary in this connection the said Directives by appropriate provisions;  Whereas it is advisable to provide, for reasons of equity, for transitional measures for certain holders of diplomas, certificates or other evidence of formal qualifications as ¹ veterinary surgeon and midwife awarded by the Republic of Italy and the Kingdom of Spain respectively following training not complying fully with Directives 78/1027/EEC and 80/155/EEC,  HAS ADOPTED THIS DIRECTIVE:   CHAPTER 1 Amendments relating to Directives 75/362/EEC and 75/363/EEC (mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine and coordination of the provisions laid down by law, regulation or administrative action  relating to the activities of doctors) Article 1 Article 3 of Directive 75/362/EEC is hereby amended as follows:  1.  under heading (a) ´in Germany':  - point 2 is replaced by the following:  ´2.  the State examination certificate in medicine awarded by the competent authorities after 30 June 1988 and the certificate attesting to the practice of medicine during a period of practical training (´´Arzt im Praktikum'');',  - point 2 becomes point 3, and ´those listed in point 1 above;' is replaced by ´those listed in points 1 and 2;' 2.  (f)  ´in Italy' is replaced by:  ´(f)  in Italy:  ´´diploma di laurea in medicina e chirurgia'' (diploma of graduate in medicine and surgery) awarded by a university, accompanied by a ´´diploma di abilitazione all'esercizio della medicina e chirurgia'' (diploma conferring the right to practise medicine  and surgery) awarded by the State Examining Commission;' 3.  (j)  ´in Greece' is replaced by:  ´(j)  in Greece:  ´´Ptzxío Iatrikhw'' (degree in medicine) awarded by:  - the faculty of medicine of a university, or - the faculty of health sciences, department of medicine, of a university;' 4.  (k) ´in Spain' is replaced by:  ´(k)  in Spain:  ´´Título di Licenciado en Medicina y Cirugía'' (university degree in medicine and surgery) awarded by the Ministery of Education and Science or the rector of a university;'.  Article 2 Article 5 (2) of Directive 75/362/EEC is hereby amended as follows:  1.  the text concerning Belgium is replaced by:  ´in Belgium:  ´´Le titre d'agrégation en qualité de médecin spécialiste/erkenningstitel van geneesheer specialist'' (formal evidence of having qualified as a medical specialist) issued by the Minister responsible for public health;' 2.  under ´in France', the following indent is added:  ´- ´´le diplôme d'études spécialisées de médecine délivré par les universités;'' (diploma of specialized studies in medicine awarded by a university);' 3.  under ´in the Netherlands', the text is amended as follows:  - the existing text becomes the first indent;  - the following indent is added:  ´"- Het door de Sociaal-Geneeskundigen Registratie-Comissie (SGRC) afgegeven getuigschrift van erkenning en inschrijving in het Register von Sociaal-Geneeskundigen'' (certificate of approval and registration issued by the board of registration of  doctors of social medicine);' 4.  the text concerning Greece is replaced by:  ´in Greece:  "Titlos Iatrikis eidikotitas chorigoymenos apo tis Nomarchies'' (certificate of medical specialization) awarded by the prefectures;'.  Article 3 Article 5 (3) of Directive 75/362/EEC is hereby amended as follows:  1.  under ´anaesthetics':  - the subheading relating to France is replaced by:  ´France: anesthésiologie-réanimation chirurgicale',  - the subheading relating to the Netherlands is replaced by:  ´Netherlands: anesthesiologie';  2.  under ´general surgery':  - the subheading relating to Spain is replaced by:  ´Spain: cirurgía general y del aparato digestivo';  3.  under ´ophthalmology':  - the subheading relating to Belgium is replaced by:  ´Belgium: opthalmologie-oftalmologie';  4.  under ´respiratory medicine':  - the subheading relating to France is replaced by:  ´France: pneumologie';  - the subheading relating to the Netherlands is replaced by:  ´Netherlands: longziekten en tuberculose';  5.  under ´urology':  - the subheading relating to France is replaced by:  ´France: chirurgie urologique';  6.  under ´orthopaedics':  - the subheading relating to France is replaced by:  ´France: chirurgie orthopédique et traumatologie';  7.  the following headings are added:  ´- pathological anatomy  .  ´- United Kingdom:  Germany:  Pathologie Belgium:  anatomie pathologique/ pathologische anatomie Denmark:  patologisk anatomi og histo- logi eller vaevsundersoegelse France:  anatomie et cythologie pathologique Ireland:  morbid anatomy and histopathology Italy:  anatomia patologica Luxembourg:  anatomie pathologique Netherlands:  pathologische anatomie United Kingdom:  morbid anatomy and histopathology Greece:  pathologiki anatomiki Spain:  anatomía patológica Portugal:  anatomia patológica   - neurology Germany:  Neurologie Belgium:  neurologie/neurologie Denmark:  neuromedicin eller medicinske nervesygdomme France:  neurologie Ireland:  neurology Italy:  neurologia Luxembourg:  neurologie Netherlands:  neurologie United Kingdom:  neurology Greece:  Nenrologia Spain:  neurología Portugal:  neurologia;    - psychiatry Germany:  Psychiatrie Belgium:  psychiatrie/psychiatrie Denmark:  psykiatri France:  psychiatrie Ireland:  psychiatry Italy:  psichiatria Luxembourg:  psychiatrie Netherlands:  psychiatrie United Kingdom:  psychiatry Greece:  Psychiatriki Spain:  psiquiatría Portugal:  psiquiatria.'  Article 4 Article 7 (2) of Directive 75/362/EEC is hereby amended as follows:   1.  under ´biological haematology':  - the following subheading is inserted:  ´France: hématologie',  - in all the language versions other than the French and the Portuguese, the subheading relating to Spain is deleted;   2.  ´pathological anatomy' is deleted;   3.  under ´plastic surgery':  - the subheading relating to France is replaced by:  ´France: chirurgie plastique, reconstructrice et esthéthique';   4.  under ´thoracic surgery':  - the subheading relating to France is replaced by:  ´France: chirurgie thoracique et cardio-vasculaire';   5.  under ´paediatric surgery':  - the following subheading relating to France is inserted:  ´France: chirurgie infantile';   6.  under ´vascular surgery':  - in the Dutch language version the title of the heading is replaced by ´chirurgie van bloedvaten',  - the following subheading is inserted:  ´France: chirurgie vasculaire',  - the subheading relating to Italy is replaced by:  ´Italy: chirurgia vascolare';   7.  under ´cardiology', the subheading relating to France is replaced by:  ´France: pathologie cardio-vasculaire';   8.  under ´gastro-enterology':  - the subheading relating to France is replaced by:  ´France: gastro-entérologie et hépatologie',  - the subheading relating to Luxembourg is replaced by:  ´Luxembourg: gastro-entérologie',  - the subheading relating to the Netherlands is replaced by:  ´Netherlands: gastro-enterologie',  - the subheading relating to Greece is replaced by:  ´Greece: gastrenteologia';   9.  under ´rheumatology':  - the following subheading is inserted:  ´Denmark: reumatologi';  10.  under ´endocrinology':  - the following subheading is inserted:  ´France: endocrinologie - maladies métaboliques',  - the subheading relating to Luxembourg is replaced by:  ´Luxembourg: endocrinologie, maladies du métabolisme et de la nutrition';  11.  under ´physiotherapy':  - the subheading relating to Greece is replaced by:  ´Greece: psysiki iatriki kai apokatastasi';  12.  ´neurology' and ´psychiatry' are deleted;  13.  under ´neuro-psychiatry' the subheading relating to Greece is replaced by:  ´Greece: nevrologia - psychiatriki';  14.  under ´dermato-venereology':  - the subheading relating to France is replaced by:  ´France: dermatologie et vénéréologie',  - the subheading relating to the Netherlands is replaced by:  ´Netherlands: dermatologie en venerologie';  15.  under ´radiology':  - the subheading relating to France is replaced by:  ´France: électro-radiologie';  16.  under ´diagnostic radiology':  - the following subheading is inserted:  ´Germany: Radiologische Diagnostik',  - the subheading relating to France is replaced by:  ´France: radiodiagnostic et imagerie médicale';  17.  under ´radiotherapy':  - the following subheading is inserted:  ´Germany: Strahlentherapie',  - the subheading relating to France is replaced by:  ´France: oncologie, option radiothérapie';  18.  under ´tropical medicine':  - the subheading ´Belgium: médecine tropicale/ tropische geneeskunde' is deleted;  19.  under ´child psychiatry':  - the following subheading is inserted:  ´Ireland: child and adolescent psychiatry';  20.  under ´geriatrics':  - the following subheading is inserted:  ´Netherlands: klinische geriatrie';  21.  under ´renal diseases':  - the following subheading is inserted:  ´France: néphrologie',  - the following subheading is inserted:  ´Luxembourg: néphrologie';  22.  under ´community medicine':  - the following subheading is inserted:  ´France: santé publique et médecine sociale';  23.  ´occupational medicine' is amended as follows:  (a)  the title, except in the English language version, is amended as follows:  23.  (a)  - Portuguese language   - Danish language version:  ´arbejdsmedicin' - German language version:  ´Arbeitsmedizin' - Greek languageversion:  ´iatriki tis ergasias' - Spanish language version:  ´medicina del trabajo' - French language version:  ´médecine du travail' - Italian language version:  ´medicina del lavoro' - Dutch language version:  ´arbeidsgeneeskunde' - Portuguese language version:  ´medicina do trabalho';  (b)  the following subheadings are inserted:  23.  (b)  ´Netherlands   ´Germany:  Arbeitsmedizin' ´Denmark:  samfundsmedicin/ arbejdsmedecin' ´France:  médecine du travail' ´Italy:  medicina del lavoro';  ´Netherlands:  arbeids- en bedrijfsgeneeskunde' ´Greece:  iatriki tis ergasias' ´Portugal:  medicina do trabalho';   24.  under ´allergology':  - the subheading relating to Greece is replaced by:  ´Greece: allergiologia';  25.  under ´gastro-enterological surgery':  - the following subheading is inserted:  ´France: chirurgie viscérale';  26.  the following headings are added:  ´nuclear medicine:  26.  ´United Kingdom:  Germany:  Nuklearmedizin Belgium:  médecine nucléaire/ nucleaire geneeskunde France:  médecine nucléaire Italy:  medicina nucleare Netherlands:  nucleaire geneeskunde United Kingdom:  nuclear medicine Greece:  pyriniki iatriki Spain:  medicina nuclear Portugal:  medicina nuclear;   maxillo-facial surgery (basic medical training):   France:  chirurgie maxillo-faciale et stomatologie Italy:  chirurgia maxillo-facciale Spain:  cirugía oral y maxilofacial;  dental, oral and maxillo-facial surgery (basic medical and dental training):   Germany:  Zahn-, Mund-, Kiefer- und Gesichtschirurgie Belgium:  stomatologie/chirurgie orale et maxillo-faciale,  stomatologie/orale en maxillo-faciale chirurgie Ireland:  oral and maxillo-facial surgery United Kingdom:  oral and maxillo-facial surgery.'  Article 5 Article 9 (3) of Directive 75/362/EEC shall be replaced by:  ´3.  In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in medicine or in specialized medicine do not conform with the qualifications or designations set out in Articles 3, 5 and 7,  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 these diplomas, certificates and other evidence of formal qualifications in medicine or in specialized medicine were awarded following training in accordance with the provisions of Directive 75/363/EEC, referred to, as  appropriate, in Article 2, 4 or 6 of the present Directive, and are treated by the Member State which awarded them as the qualifications or designations set out, as appropriate, in Article 3, 5 or 7 of the present Directive.' Article 6 Article 2 of Directive 75/363/EEC is hereby amended as follows:  - the following provision is added to paragraph 1 (a):  ´the training leading to the award of the diploma, certificate or other evidence of specialization in dental, oral and maxillo-facial surgery (basic medical and dental training) also entails the sucessful completion of the training course as a dental  practitioner referred to in Article 1 of Directive 78/687/EEC (13);',  - the following footnote is added:  ´(14) OJ No L 233, 24. 8. 1978, p. 10.',  - the following provision is added to paragraph 2:  ´Issue of the diploma, certificate or other evidence of specialization in dental, oral and maxillo-facial surgery (basic medical and dental training) is also subject to possession of one of the diplomas, certificates or other evidence of qualifications as a dental practitioner referred to in Article 1 of Directive 78/687/EEC.',  - paragraph 3 is replaced by:  ´3.  Within the time limit laid down in Article 9, Member States shall designate the authorities or bodies competent to issue the diplomas, certificates and other evidence of formal qualifications referred to in paragraph 1.' Article 7 The following indents shall be added to Article 4 of Directive 75/363/EEC at the end of the heading ´Second group':  ´- pathological anatomy - neurology - psychiatry'.  Article 8 Article 5 of Directive 75/363/EEC is hereby amended as follows:  1.  under ´First group':  - in the Dutch language version ´chirurgie van hart- en bloedvaten' is replaced by ´chirurgie van bloedvaten',  - the following entry is added:  ´- maxillo-facial surgery (basic medical training)';  2.  under ´Second group':  - ´neurology', ´psychiatry' and ´pathological anatomy' are deleted,  - except in the English language version ´occupational medicine' is replaced by:  2.  - - Portuguese language   - Danish language version:  ´arbejdsmedicin' - German language version:  ´Arbeitsmedizin' - Greek language version:  ´iatriki tis ergasias' - Spanish language version:  ´medicina del trabajo' - French language version:  ´médecine du travail' - Italian language version:  ´medecina del lavoro' - Dutch language version:  ´arbeidsgeneeskunde' - Portuguese language version:  ´medicina do trabalho',  - the following indents are added:  ´- nuclear medicine,  ´- dental, oral and maxillo-facial surgery (basic medical and dental training)'.  Article 9 1.  Those Member States which have repealed the provisions laid down by law, regulation or administrative action relating to the award of diplomas, certificates and other evidence of formal qualifications in neuro-psychiatry, radiology,  thoracic surgery, vascular surgery, gastro-enterological surgery, biological haematology, physiotherapy or tropical medicine and have taken measures relating to acquired rights on behalf of their own nationals, shall recognize the right of nationals of  the Member States to benefit from those same measures, provided their diplomas, certificates and other evidence of formal qualifications in neuropsychiatry, radiology, thoracic surgery, vascular surgery, gastro-enterological surgery, biological  haematology, physiotherapy or tropical medicine fulfil the relevant conditions set out either in Article 9 (2) of Directive 75/362/EEC or in Articles 2, 3 and 5 of Directive 75/363/EEC and in so far as the said diplomas, certificates and other evidence  of formal qualifications were awarded before the date on which the host Member State stopped awarding such diplomas, certificates and other evidence of formal qualification in the specialization concerned.  2.  The dates on which the Member States concerned repealed the provisions laid down by law, regulation or administrative action in respect of the diplomas, certificates and other evidence of formal qualifications referred to in paragraph 1 are set out  in the Annex.  3.  Article 9 (4) of Directive 75/362/EEC and Article 15 of Directive 82/76/EEC are hereby deleted.  CHAPTER 2 Amendments relating to Directive 77/452/EEC (mutual recognition of diplomas, certificates and other evidence of formal qualifications as nurse responsible for general care) Article 10 Article 1 (2) of Directive 77/452/EEC is hereby amended as follows:  1.  under ´in the United Kingdom' the text is replaced by:  ´State Registered Nurse or Registered General Nurse';  2.  under ´in Greece' the text is replaced by:  ´Diplomatoychos i ptychioychos nosokomos, nosileftis i nosileftria'.  Article 11 Article 3 of Directive 77/452/EEC is hereby amended as follows:  1.  (f)  ´in Italy' is replaced by:  ´(f)  in Italy:  - the "diploma di infermiere professionale" awarded by State-recognized schools;' 2.  (i)  ´in the United Kingdom' is replaced by:  ´(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;' 3.  (j)  ´in Greece' is replaced by:  ´(j)  in Greece:  - "To diploma Adelfis Nosokomas tis Anoteras Scholis Adelfon Nosokomon" (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 - "To ptychio Nosokomon toy Tmimatos Adelfon Nosokomon ton Paraiatrikon Scholon ton Kentron Anoteras Technikis kai Epangelmatikis Ekpaidefsis" (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 - "To ptychio nosilefti i nosileftrias ton Technologikon Ekpaideftikon Idrymaton (TEI)" (degree in nursing from the technological training establishments) run by the Ministry of Education and Religious Affairs, or - "To ptychio tis Anotatis Nosileftikis tis Scholis Epangelmaton Ygeias, Tmima Nosileftikis toy Paneptistimioy Athinon" (degree in nursing from the faculty of health sciences, nursing section, University of Athens);' 4.  (k)  ´in Spain' is replaced by:  ´(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'.  Article 12 Article 4 of Directive 77/452/EEC is hereby amended as follows:  - the two existing paragraphs become paragraph 1 and is preceded by ´1.',  - the following paragraph is added:  ´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 Article 3, 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 Article 3 of the present Directive.' CHAPTER 3 Amendments relating to Directive 78/686/EEC (mutual recognition of diplomas, certificates and other formal evidence of qualifications as dental practitioner) Article 13 In Article 1 of Directive 78/686/EEC the text under the heading ´- in Italy' shall be replaced by the following:  ´- in Italy:  odontoiatra'.  Article 14 In Article 5 of Directive 78/686/EEC the following subheading shall be added to paragraph ´1. Orthodontics':  ´- in Greece:  "Titlos tis Odootiatrikis eidikotitas tis Orthodontikis'' (title attesting to completion of specific orthodontic training) awarded by the competent authority recognized for that purpose.' Article 15 The following paragraph shall be inserted in Article 7 of Directive 78/686/EEC:  ´3.  In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in dentistry or in specialist dentistry (orthodontics and oral surgery) do not conform with the qualifications or designations set out in Articles 3 and 5, 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 dental practitioner or as specialist dental practitioner (orthodontics and oral surgery) were awarded following training in accordance with the provisions of Directive 78/687/EEC, referred to, as appropriate, in Article 2 or 4 of this  Directive, and are treated by the Member State which awarded them as the qualifications or designations set out, as appropriate, in Article 3 or 5 of this Directive.' CHAPTER 4 Amendments relating to Directives 78/1026/EEC and 78/1027/EEC (mutual recognition of diplomas, certificates and other evidence of formal qualifications as veterinary surgeon and coordination of provisions laid down by law, regulation or administrative  action in respect of the activities of veterinary surgeons) Article 16 The second subparagraph of Article 2 of Directive 78/1026/EEC is hereby replaced by the following:  ´Where a diploma, certificate or other evidence of formal qualifications as listed in Article 3 was awarded before the implementation of this Directive, or was awarded after that date but following training commenced before that date, it shall be accompanied by a certificate from the competent authorities of the issuing Member State stating that it complies with Article 1 of Directive 78/1027/EEC.' Article 17 Article 3 of Directive 78/1026/EEC is hereby amended as follows:  1.  (j)  ´in Greece' is replaced by:  ´(j)  in Greece:  "Ptychio ktiniatrikis" (diploma of veterinary surgeon) from the faculty of geotechnical sciences of the Aristotle University of Saloniki or the School of veterinary medicine of the Aristotle University of Saloniki;' 2.  (k)  ´in Spain' is replaced by:  ´(k) in Spain:  "Título de Licenciado en Veterinaría" (university degree in veterinary medicine) awarded by the Ministry of Education and Science or by the rector of a university;'.  Article 18 Article 4 of Directive 78/1026/EEC is hereby replaced by the following:  ´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 78/1027/EEC, each Member State shall  recognize as being sufficient proof the diplomas, certificates and other evidence of formal qualifications in veterinary medicine awarded by those Member States before the implementation of Directive 78/1027/EEC or awarded after that date but following  training commenced before that date, accompanied by a certificate stating that those nationals have effectively and lawfully been engaged in the activities in question for at least three consecutive years during the five years prior to the date of isse  of the certificate.  2.  In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications as veterinary surgeon do not conform with the qualifications or designations set out in Article 3, 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 certify that the diplomas,  certificates and other evidence of formal qualifications as veterinary surgeon were awarded following training in accordance with the provisions of Directive 78/1027/EEC, referred to in Article 2 of this Directive, and are treated by the Member State  which awarded them as the qualifications or designations set out in Article 3 of this Directive.' Article 19 The following paragraph is hereby added to Article 1 of Directive 78/1027/EEC:  ´5.  As a transitional measure and notwithstanding paragraph 2, Italy, whose provisions laid down by law, regulation or administrative action provided for a training programme which did not comply fully with that set out in the Annex when Directive  78/1026/EEC and this Directive took effect, may continue to apply those provisions to persons who commenced their veterinary training not later than 31 December 1984.  Each host Member State shall be authorized to require of holders of diplomas, certificates or other evidence of formal qualifications as veterinary surgeon awarded by Italy following training commenced before 1 January 1985 that their diplomas,  certificates and other evidence of formal qualifications be accompanied by a certificate stating that they have effectively and lawfully been engaged in the activities of veterinary surgeon for at least three consecutive years during the five years  prior to the date of the issue of the certificate, unless the said diploma, certificate or other evidence of formal qualifications is accompanied by a certificate issued by the competent Italian authorities stating that it attests to training in full compliance with  this Article and with the Annex.' Article 20 In the Annex to Directive 78/1027/EEC in the Greek language version under ´B. Specific subjects' the first indent of ´Group 2: Clinical sciences' ´Cheiroyrgiki' is hereby replaced by ´Maieftiki'.  CHAPTER 5 Amendments relating to Directives 80/154/EEC and 80/155/EEC (mutual recognition of diplomas, certificates and other evidence of formal qualificactions as midwife and coordination of the provisions laid down by law, regulation or administrative action in  respect of the activities and exercise of the profession of midwife) Article 21 Article 1 of Directive 80/154/EEC is hereby amended as follows:  1.  under ´in the Federal Republic of Germany' the text is replacing by:  ´Hebamme' or ´Entbindungspfleger';  2.  under ´in Greece' in text is replaced by:  ´Maia' or ´Maieftis'.  Article 22 Article 3 of Directive 80/154/EEC is hereby amended as follows:  1.  under (a) ´in the Federal Republic of Germany' the first indent is replaced by:  ´- the "Zeugnis ueber die staatliche Pruefung fuer Hebammen und Entbindungspfleger", award by the State examining board';  2.  under (h) ´in the Netherlands' in all the language versions other than the Dutch language version, ´vroedvrouwdiploma' is replaced by ´diploma van verloskundige';  3.  (i)  ´in the United Kingdom' is replaced by:  ´(i)  in the United Kingdom:  - a statement of registration as a midwife in Part 10 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting';  4.  (j)  ´in Greece' is replaced by:  ´(j)  in Greece:  - the ´´Ptzxío Maíaw h Maiezth'' authenticated by the Ministry of Health and Welfare,  - the ´´Ptzxío Anvtéraw Sxolhw Stelexvn Zgeíaw kai Koinvnikhw Prónoiaw, Tmhmatow Maieztikhw'' awarded by the faculty of health and social welfare workers, obstetrics section, of the advanced technical and vocational education centres or by the technological training establishments run by the  Ministry of Education and Religious Affairs';  5.  (k)  ´in Spain' is replaced by:  ´(k)  in Spain:  the diploma of ´´matrona'' or ´´asistente obstétrico (matrona)'' or ´´enfermería obstétrica- ginecológica'', awarded by the Ministry of Education and Science;'.  Article 23 The following new paragraph 3 is hereby added to Article 5 of Directive 80/154/EEC:  ´3.  Without prejudice to Article 4, in the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications as midwife do not conform with the qualifications or designations set out in Article 3, each Member  State shall recognize as being sufficient proof 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 midwife were awarded following training in accordance with the provisions of Directive 80/155/EEC, referred to in Article 2 of this Directive and are treated by the Member  State which awarded them as the qualifications or designations set out in Article 3 of this Directive.' Article 24 The following paragraphs 5 and 6 are hereby added to Article 1 of Directive 80/155/EEC:  ´5.  Nothing in this Directive shall prejudice any facility which may be granted in accordance with their own rules by Member States in respect of their own territory to authorize holders of diplomas, certificates and other evidence of formal  qualifications which have not been obtained in a Member State to take up and pursue the activities of midwife.  6.  As a transitional measure and notwithstanding paragraphs 1 and 4, Spain, whose provisions laid down by law, regulation or administrative action provided for training which did not comply with this Directive when Directive 80/154/EEC and this Directive took effect, may continue to apply those provisions to persons who commenced their specific midwifery  training not later than 31 December 1985.  Each host Member State shall be authorized to require of holders of diplomas, certificates or other evidence of formal qualifications as midwife awarded by Spain following specific training commenced before 1 January 1986 that their diplomas,  certificates and other evidence of formal qualifications be accompanied by a certificate stating that they have effectively and lawfully been engaged in the activities of midwife for at least three consecutive years during the five years prior to the  date of the issue of the certificate, unless the said diploma, certificate or other evidence of formal qualifications is accompanied by a certificate issued by the competent Spanish authorities stating that it attests to training in full compliance with  this Article and with the Annex.' Article 25 In Article 4 (6) of Directive 80/155/EEC in the Spanish language version the text shall be replaced by the following:  ´6.  llevar a cabo el parto normal cuando se trate de una presentación de vértice, incluyendo, si es necesario, la episiotomía, y, en caso de urgencia, realizar el parto en presentación de nalgas.' Article 26 In Article 8 of Directive 80/155/EEC in the German language version the text shall be replaced by the following: ´Article 8 Spaetestens sechs Jahre nach Bekanntgabe dieser Richtlinie beschliesst der Rat auf Vorschlag der Kommission und nach Stellungnahme des Beratenden Ausschusses, ob die Ausnahme nach Teil B Nummer 3 des Anhangs geaendert oder aufgehoben werden soll.' Article 27 Part B of the Annex to Directive 80/155/EEC shall be replaced by the following:  ´B.  PRACTICAL AND CLINICAL TRAINING This training is to be dispensed under appropriate supervision:   1. Advising of pregnant women, involving at least 100 pre-natal examinations.   2. Supervision and care of at least 40 women in labour.   3. The student should personally carry out at least 40 deliveries; where this number cannot be reached owing to the lack of available women in labour, it may be reduced to a minimum of 30, provided that the student participates actively in 20 further  deliveries.   4. Active participation with breech deliveries. Where this is not possible because of lack of breech deliveries practice may be in a simulated situation.   5. Performance of episiotomy and initiation into suturing. Initiation shall include theoretical instruction and clinical practice. The practice of suturing includes suturing of the wound following an episiotomy and a simple perineal laceration. This  may be in a simulated situation if absolutely necessary.   6. Supervision and care of 40 women at risk in pregnancy, or labour or post-natal period.   7. Supervision and care (including examination) of at least 100 post-natal women and healthy new-born infants.   8. Observation and care of the new-born requiring special care including those born pre-term, post-term, underweight or ill.   9. Care of women with pathological conditions in the fields of gynaecology and obstetrics.  10. Initiation into care in the field of medicine and surgery. Initiation shall include theoretical instruction and clinical practice.' CHAPTER 6 Final provisions Article 28 Member States shall take the necessary measures to comply with this Directive by 8 May 1991. They shall forthwith inform the Commission thereof.  Article 29 This Directive is addressed to the Member States.  Done at Brussels, 30 October 1989.  For the Council The President J.-P. SOISSON  (1) OJ No C 353, 30. 12. 1987, p. 17, and OJ No C 322, 15. 12. 1988, p. 22. (2) OJ No C 235, 12. 9. 1988, p. 67, and OJ No C 256, 9. 10. 1989. (3) OJ No C 134, 24. 5. 1988, p. 29. (4) OJ No L 167, 30. 6. 1975, p. 1. (5) OJ No L 176, 15. 7. 1977, p. 1. (6) OJ No L 233, 24. 8. 1978, p. 1. (7) OJ No L 362, 23. 12. 1978, p. 1. (8) OJ No L 33, 11. 2. 1980, p. 1(9) OJ No L 167, 30. 6. 1975, p. 14. (10) OJ No L 43, 15. 2. 1982, p. 21. (11) OJ No L 362, 23. 12. 1978, p. 7. (12) OJ No L 33, 11. 2. 1982, p. 8.   ANNEX   Dates from which some Member States repealed the provisions laid down by law, regulation or administrative action concerning the award of the diplomas, certificates and other evidence of formal qualifications referred to in Article 9 of the  Directive    Gastro-enterological surgery 31 December 1971   BELGIUM Thoracic surgery  1 January 1983 Vascular surgery  1 January 1983 Neuro-psychiatry  1 August 1987,  save for persons having commenced training before that date Gastro-enterological surgery  1 January 1983 DENMARK Biological haematology Physiotherapy  1 January 1983,  save for persons having commenced training before that date and who have completed it by the end of 1988 Tropical medicine  1 August 1987,  save for persons having commenced training before that date FRANCE Radiology  3 December 1971 Neuropsychiatry 31 December 1971 LUXEMBOURG Radiology Neuropsychiatry The diplomas, certificates and other evidence of formal qualifications are no longer awarded in respect of training commenced after 5 March 1982 NETHERLANDS Radiology  8 July 1984 Neuropsychiatry  9 July 1984


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31980L0155

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

Official Journal L 033 , 11/02/1980 P. 0008 - 0012 Finnish special edition: Chapter 6 Volume 2 P. 0051  Greek special edition: Chapter 06 Volume 2 P. 0081  Swedish special edition: Chapter 6 Volume 2 P. 0051  Spanish special edition: Chapter 06 Volume 2 P. 0095  Portuguese special edition Chapter 06 Volume 2 P. 0095

COUNCIL DIRECTIVE  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  (80/155/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57 and 66 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, under Article 57 of the Treaty, the provisions laid down by law, regulation or administrative action relating to the taking up and pursuit of the activities of midwives must be coordinated ; whereas it is necessary for reasons of public health to move within the Community towards a common definition of the field of activity of the professional persons concerned and of their training ; whereas it has not been thought desirable to impose to that end a unified training programme for all Member States ; whereas they should on the contrary be allowed the greatest possible freedom in organizing training ; whereas the best solution is therefore to lay down minimum standards;  Whereas the coordination of these activities, as envisaged by this Directive, does not exclude subsequent coordination;  Whereas, as far as training is concerned, most Member States do not at present distinguish between midwives who pursue their activities as employed persons and those who are self-employed ; whereas for this reason it appears necessary to extend the application of this Directive to employed midwives,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States shall make the taking up and pursuit of midwifery activities under the titles referred to in Article 1 of Directive 80/154/EEC (4) conditional on the possession of a diploma, certificate or other evidence of formal qualifications in midwifery as listed in Article 3 of the said Directive, guaranteeing that the person concerned has acquired during the total duration of training:    (a) adequate knowledge of the sciences on which the activities of midwives are based, particularly obstetrics and gynaecology;       (b) adequate knowledge of the ethics of the profession and the professional legislation;       (c) detailed knowledge of biological functions, anatomy and physiology in the field of obstetrics and of the newly born, and also a knowledge of the relationship between the state of health and the physical and social environment of the human being, and of his behaviour;       (d) adequate clinical experience gained in approved institutions under the supervision of staff qualified in midwifery and obstetrics;       (e) adequate understanding of the training of health personnel and experience of working with such personnel.         2. The training referred to in paragraph 1 shall comprise:    - either a full-time course in midwifery comprising at least three years of practical and theoretical studies, admission to which is subject to completion of at least the first 10 years of general school education,       - or a full-time course in midwifery lasting at least 18 months, admission to which is subject to possession of a diploma, certificate or other evidence of formal qualifications of nurses responsible for general care referred to in Article 3 of Directive 77/452/EEC (5).         3. The course in midwifery provided for in the first indent of paragraph 2 shall cover at least the subjects of the training programme set out in the Annex.  (1)OJ No C 18, 12.2.1970, p. 1. (2)OJ No C 101, 4.8.1970, p. 26. (3)OJ No C 146, 11.12.1970, p. 17. (4)See page 1 of this Official Journal. (5)OJ No L 176, 15.7.1977, p. 1.   The course provided for in the second indent of paragraph 2 shall cover at least the subjects of the training programme set out in the Annex which did not form part of an equivalent course in the training of nurses.  4. Member States shall ensure that the institution training midwives is responsible for the coordination of theory and practice throughout the programme.  The theoretical and technical training mentioned in Part A of the Annex shall be balanced and coordinated with the clinical training of midwives mentioned in Part B of the same Annex in such a way that the knowledge and experience listed in paragraph 1 may be acquired in an adequate manner.  Clinical instruction shall take the form of supervised in-service training in hospital departments or other health services approved by the competent authorities or bodies. As part of this training, student midwives shall participate in the activities of the departments concerned in so far as those activities contribute to their training. They shall be taught the responsibilities involved in the activities of midwives.   Article 2 After a periodical examination of the results of the various training courses provided for in Article 1 (2), the Commission shall make its first report to the Council six years after notification of this Directive. The said examination shall be carried out with the assistance of the Advisory Committee on the Training of Midwives.  In the light of the results of this examination, the Commission shall present proposals for amendments aimed at aligning the minimum criteria laid down for the said training courses on the conditions prescribed in the first sub-indent of the first indent and in the second indent of Article 2 (1) of Directive 80/154/EEC. The Council shall act forthwith on these proposals.   Article 3 Notwithstanding Article 1, Member States may permit part-time training under conditions approved by the competent national authorities.  The total period of part-time training may not be less than that of full-time training. The standard of the training may not be impaired by its part-time nature.   Article 4 Member States shall ensure that midwives are at least entitled to take up and pursue the following activities:    1. to provide sound family planning information and advice;       2. to diagnose pregnancies and monitor normal pregnancies ; to carry out the examinations necessary for the monitoring of the development of normal pregnancies;       3. to prescribe or advise on the examinations necessary for the earliest possible diagnosis of pregnancies at risk;       4. to provide a programme of parenthood preparation and a complete preparation for childbirth including advice on hygiene and nutrition;       5. to care for and assist the mother during labour and to monitor the condition of the foetus in utero by the appropriate clinical and technical means;       6. to conduct spontaneous deliveries including where required an episiotomy and in urgent cases a breech delivery;       7. to recognize the warning signs of abnormality in the mother or infant which necessitate referral to a doctor and to assist the latter where appropriate ; to take the necessary emergency measures in the doctor's absence, in particular the manual removal of the placenta, possibly followed by manual examination of the uterus;       8. to examine and care for the new-born infant ; to take all initiatives which are necessary in case of need and to carry out where necessary immediate resuscitation;       9. to care for and monitor the progress of the mother in the post-natal period and to give all necessary advice to the mother on infant care to enable her to ensure the optimum progress of the new-born infant;       10. to carry out the treatment prescribed by a doctor;       11. to maintain all necessary records.          Article 5 This Directive shall also apply to nationals of Member States who, in accordance with Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), are pursuing or will pursue, as employed persons, one of the activities referred to in Article 1 of Directive 80/154/EEC.  (1)OJ No L 257, 19.10.1968, p. 2.    Article 6 1. Member States shall take the measures necessary to comply with this Directive within three 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 7 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/EEC (1), as last amended by Decision 80/157/EEC (2).  Where necessary, the Commission shall submit appropriate proposals to the Council.   Article 8 Not later than six years after notification of this Directive, the Council, acting on a proposal from the Commission, and after having sought the opinion of the Advisory Committee, shall decide whether the derogation provided for in the third item in Part B of the Annex should be withdrawn or its scope reduced.   Article 9 This Directive is addressed to the Member States.     Done at Brussels, 21 January 1980.  For the Council  The President  G. MARCORA  (1)OJ No L 167, 30.6.1975, p. 19. (2)See page 15 of this Official Journal.     ANNEX TRAINING PROGRAMME FOR MIDWIVES  The training programme for obtaining a diploma, certificate or other evidence of formal qualifications in midwifery consists of the following two parts:    A. THEORETICAL AND TECHNICAL INSTRUCTION      (a) General subjects        1. Basic anatomy and physiology               2. Basic pathology               3. Basic bacteriology, virology and parasitology               4. Basic biophysics, biochemistry and radiology               5. Paediatrics, with particular reference to new-born infants               6. Hygiene, health education, preventive medicine, early diagnosis of diseases               7. Nutrition and dietetics, with particular reference to women, new-born and young babies               8. Basic sociology and socio-medical questions               9. Basic pharmacology               10. Psychology               11. Principles and methods of teaching               12. Health and social legislation and health organization               13. Professional ethics and professional legislation               14. Sex education and family planning               15. Legal protection of mother and infant                          (b) Subjects specific to the activities of midwives        1. Anatomy and physiology               2. Embryology and development of the foetus               3. Pregnancy, childbirth and puerperium               4. Gynaecological and obstetrical pathology               5. Preparation for childbirth and parenthood, including psychological aspects               6. Preparation for delivery (including knowledge and use of technical equipment in obstetrics)               7. Analgesia, anaesthesia and resuscitation               8. Physiology and pathology of the new-born infant               9. Care and supervision of the new-born infant               10. Psychological and social factors                                 B. PRACTICAL AND CLINICAL TRAINING  This training is to be dispensed under appropriate supervision:      1. Advising of pregnant women, involving at least 100 pre-natal examinations           2. Supervision and care of at least 40 pregnant women            3. Conduct by the student of at least 40 deliveries ; where this number cannot be reached owing to the lack of available women in labour, it may be reduced to a minimum of 30, provided that the student assists with 20 further deliveries.           4. Assistance with one or two breech deliveries           5. Experience of episiotomy and initiation into suturing           6. Supervision and care of 40 pregnant women at risk           7. At least 100 post-natal examinations and examinations of normal new-born infants           8. Supervision and care of mothers and new-born infants, including pre-term, post-term, underweight and ill new-born infants           9. Care of pathological cases in the fields of gynaecology and obstetrics, and diseases of new-born and young babies           10. Initiation into the care of general pathological cases in medicine and surgery.


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31998L0027

Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests

Official Journal L 166 , 11/06/1998 P. 0051 - 0055

DIRECTIVE 98/27/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 May 1998 on injunctions for the protection of consumers' interestsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),(1) Whereas certain Directives, listed in the schedule annexed to this Directive, lay down rules with regard to the protection of consumers' interests;(2) Whereas current mechanisms available both at national and at Community level for ensuring compliance with those Directives do not always allow infringements harmful to the collective interests of consumers to be terminated in good time; whereas collective interests mean interests which do not include the cumulation of interests of individuals who have been harmed by an infringement; whereas this is without prejudice to individual actions brought by individuals who have been harmed by an infringement;(3) Whereas, as far as the purpose of bringing about the cessation of practices that are unlawful under the national provisions applicable is concerned, the effectiveness of national measures transposing the above Directives including protective measures that go beyond the level required by those Directives, provided they are compatible with the Treaty and allowed by those Directives, may be thwarted where those practices produce effects in a Member State other than that in which they originate;(4) Whereas those difficulties can disrupt the smooth functioning of the internal market, their consequence being that it is sufficient to move the source of an unlawful practice to another country in order to place it out of reach of all forms of enforcement; whereas this constitutes a distortion of competition;(5) Whereas those difficulties are likely to diminish consumer confidence in the internal market and may limit the scope for action by organisations representing the collective interests of consumers or independent public bodies responsible for protecting the collective interests of consumers, adversely affected by practices that infringe Community law;(6) Whereas those practices often extend beyond the frontiers between the Member States; whereas there is an urgent need for some degree of approximation of national provisions designed to enjoin the cessation of the abovementioned unlawful practices irrespective of the country in which the unlawful practice has produced its effects; whereas, with regard to jurisdiction, this is without prejudice to the rules of private international law and the Conventions in force between Member States, while respecting the general obligations of the Member States deriving from the Treaty, in particular those related to the smooth functioning of the internal market;(7) Whereas the objective of the action envisaged can only be attained by the Community; whereas it is therefore incumbent on the Community to act;(8) Whereas the third paragraph of Article 3b of the Treaty makes it incumbent on the Community not to go beyond what is necessary to achieve the objectives of the Treaty; whereas, in accordance with that Article, the specific features of national legal systems must be taken into account to every extent possible by leaving Member States free to choose between different options having equivalent effect; whereas the courts or administrative authorities competent to rule on the proceedings referred to in Article 2 of this Directive should have the right to examine the effects of previous decisions;(9) Whereas one option should consist in requiring one or more independent public bodies, specifically responsible for the protection of the collective interests of consumers, to exercise the rights of action set out in this Directive; whereas another option should provide for the exercise of those rights by organisations whose purpose is to protect the collective interests of consumers, in accordance with criteria laid down by national law;(10) Whereas Member States should be able to choose between or combine these two options in designating at national level the bodies and/or organisations qualified for the purposes of this Directive;(11) Whereas for the purposes of intra-Community infringements the principle of mutual recognition should apply to these bodies and/or organisations; whereas the Member States should, at the request of their national entities, communicate to the Commission the name and purpose of their national entities which are qualified to bring an action in their own country according to the provisions of this Directive;(12) Whereas it is the business of the Commission to ensure the publication of a list of these qualified entities in the Official Journal of the European Communities; whereas, until a statement to the contrary is published, a qualified entity is assumed to have legal capacity if its name is included in that list;(13) Whereas Member States should be able to require that a prior consultation be undertaken by the party that intends to bring an action for an injunction, in order to give the defendant an opportunity to bring the contested infringement to an end; whereas Member States should be able to require that this prior consultation take place jointly with an independent public body designated by those Member States;(14) Whereas, where the Member States have established that there should be prior consultation, a deadline of two weeks after the request for consultation is received should be set after which, should the cessation of the infringement not be achieved, the applicant shall be entitled to bring an action before the competent court or administrative authority without any further delay;(15) Whereas it is appropriate that the Commission report on the functioning of this Directive and in particular on its scope and the operation of prior consultation;(16) Whereas the application of this Directive should not prejudice the application of Community competition rules,HAVE ADOPTED THIS DIRECTIVE:Article 1 Scope 1. The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to actions for an injunction referred to in Article 2 aimed at the protection of the collective interests of consumers included in the Directives listed in the Annex, with a view to ensuring the smooth functioning of the internal market.2. For the purpose of this Directive, an infringement shall mean any act contrary to the Directives listed in the Annex as transposed into the internal legal order of the Member States which harms the collective interests referred to in paragraph 1.Article 2 Actions for an injunction 1. Member States shall designate the courts or administrative authorities competent to rule on proceedings commenced by qualified entities within the meaning of Article 3 seeking:(a) an order with all due expediency, where appropriate by way of summary procedure, requiring the cessation or prohibition of any infringement;(b) where appropriate, measures such as the publication of the decision, in full or in part, in such form as deemed adequate and/or the publication of a corrective statement with a view to eliminating the continuing effects of the infringement;(c) insofar as the legal system of the Member State concerned so permits, an order against the losing defendant for payments into the public purse or to any beneficiary designated in or under national legislation, in the event of failure to comply with the decision within a time-limit specified by the courts or administrative authorities, of a fixed amount for each day's delay or any other amount provided for in national legislation, with a view to ensuring compliance with the decisions.2. This Directive shall be without prejudice to the rules of private international law, with respect to the applicable law, thus leading normally to the application of either the law of the Member State where the infringement originated or the law of the Member State where the infringement has its effects.Article 3 Entities qualified to bring an action For the purposes of this Directive, a 'qualified entity` means any body or organisation which, being properly constituted according to the law of a Member State, has a legitimate interest in ensuring that the provisions referred to in Article 1 are complied with, in particular:(a) one or more independent public bodies, specifically responsible for protecting the interests referred to in Article 1, in Member States in which such bodies exist and/or(b) organisations whose purpose is to protect the interests referred to in Article 1, in accordance with the criteria laid down by their national law.Article 4 Intra-Community infringements 1. Each Member State shall take the measures necessary to ensure that, in the event of an infringement originating in that Member State, any qualified entity from another Member State where the interests protected by that qualified entity are affected by the infringement, may seize the court or administrative authority referred to in Article 2, on presentation of the list provided for in paragraph 3. The courts or administrative authorities shall accept this list as proof of the legal capacity of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case.2. For the purposes of intra-Community infringements, and without prejudice to the rights granted to other entities under national legislation, the Member States shall, at the request of their qualified entities, communicate to the Commission that these entities are qualified to bring an action under Article 2. The Member States shall inform the Commission of the name and purpose of these qualified entities.3. The Commission shall draw up a list of the qualified entities referred to in paragraph 2, with the specification of their purpose. This list shall be published in the Official Journal of the European Communities; changes to this list shall be published without delay, the updated list shall be published every six months.Article 5 Prior consultation 1. Member States may introduce or maintain in force provisions whereby the party that intends to seek an injunction can only start this procedure after it has tried to achieve the cessation of the infringement in consultation with either the defendant or with both the defendant and a qualified entity within the meaning of Article 3(a) of the Member State in which the injunction is sought. It shall be for the Member State to decide whether the party seeking the injunction must consult the qualified entity. If the cessation of the infringement is not achieved within two weeks after the request for consultation is received, the party concerned may bring an action for an injunction without any further delay.2. The rules governing prior consultation adopted by Member States shall be notified to the Commission and shall be published in the Official Journal of the European Communities.Article 6 Reports 1. Every three years and for the first time no later than five years after the entry into force of this Directive the Commission shall submit to the European Parliament and the Council a report on the application of this Directive.2. In its first report the Commission shall examine in particular:- the scope of this Directive in relation to the protection of the collective interests of persons exercising a commercial, industrial, craft or professional activity;- the scope of this Directive as determined by the Directives listed in the Annex;- whether the prior consultation in Article 5 has contributed to the effective protection of consumers.Where appropriate, this report shall be accompanied by proposals with a view to amending this Directive.Article 7 Provisions for wider action This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities and any other person concerned more extensive rights to bring action at national level.Article 8 Implementation 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 months after its entry into force. They shall immediately inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be adopted by Member States.2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.Article 9 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 10 Addressees This Directive is addressed to the Member States.Done at Brussels, 19 May 1998.For the European ParliamentThe PresidentJ.M. GIL-ROBLESFor the CouncilThe PresidentG. BROWN(1) OJ C 107, 13. 4. 1996, p. 3 and OJ C 80, 13. 3. 1997, p. 10.(2) OJ C 30, 30. 1. 1997, p. 112.(3) Opinion of the European Parliament of 14 November 1996(OJ C 362, 2. 12. 1996, p. 236). Council common position of 30 October 1997 (OJ C 389, 22. 12. 1997, p. 51) and Decision of the European Parliament of 12 March 1998 (OJ C 104, 6. 4. 1998). Council Decision of 23 April 1998.ANNEX LIST OF DIRECTIVES COVERED BY ARTICLE 1 (1*) 1. Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (OJ L 250, 19.9.1984, p. 17).2. Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ L 372, 31.12.1985, p. 31).3. Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ L 42, 12.2.1987, p. 48), as last amended by Directive 98/7/EC (OJ L 101, 1.4.1998, p. 17).4. Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 (OJ L 298, 17.10.1989, p. 23 as amended by Directive 97/36/EC (OJ L 202, 30.7.1997, p. 60)).5. Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59).6. Council Directive 92/28/EEC of 31 March 1992 on the advertising of medicinal products for human use (OJ L 113, 30.4.1992, p. 13).7. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).8. Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis (OJ L 280, 29.10.1994, p. 83).9. Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19).(1*) Directive Nos 1, 6, 7 and 9 contain specific provisions on injunctive actions.


title: Commission Directive 2012/4/EU of 22 February 2012 amending Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses  Text with EEA relevance

text:
               23.2.2012

               EN

               Official Journal of the European Union

               L 50/18

         COMMISSION DIRECTIVE 2012/4/EU
   of 22 February 2012
   amending Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (1), and in particular the second sentence of the second paragraph of Article 14 thereof,
   Whereas:

               (1)

               Fuses, including safety fuses as well as cap-type primers, are subject to Directive 93/15/EEC, but they are used for pyrotechnic rather than for explosive purposes. The potential effects of their misuse are likely to be similar to the effects of misuse of pyrotechnic articles which present a low level of hazard and therefore those effects are much less severe in comparison with the other types of explosives. For reasons of proportionality, fuses, including safety fuses as well as cap-type primers, should be exempted from the system for the identification and traceability of explosives for civil use.

               (2)

               The development of the computerised systems needed to implement the system for the identification and traceability of explosives has taken longer than initially expected. A postponement of the application of Commission Directive 2008/43/EC (2) is necessary to provide the explosives industry with extra time to fully develop, test, validate and, thereby, to increase the security of the electronic systems required to implement Directive 2008/43/EC. In order to allow this, the obligation on manufacturers and importers to mark explosives should be postponed by 1 year to 5 April 2013. Additional time is necessary to have the requisite electronic tracking systems implemented by all actors along the supply chain. Furthermore, stocks of explosives with longer shelf-lives which were produced earlier and were not to be marked in accordance with Directive 2008/43/EC will still be in the supply chain and it is impractical to oblige companies to maintain different types of records. The obligations on data collection and record keeping should therefore be postponed by 3 years to 5 April 2015.

               (3)

               Certain articles are too small to affix the code of the manufacturing site and the electronically readable information. On certain other articles, affixing a unique identification is technically impossible due to their shape or design. In those cases, the required identification should be affixed on each smallest packaging unit. Future technical progress may make it possible to affix the code of the manufacturing site and the electronically readable information on those articles. The Commission should therefore carry out a review by the end of 2020 to assess whether the required information can be affixed on the articles themselves.

               (4)

               Directive 2008/43/EC should therefore be amended accordingly.

               (5)

               The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 13(1) of Directive 93/15/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2008/43/EC is amended as follows:

               (1)

               in Article 2, the following points (d), (e) and (f) are added:

                           ‘(d)

                           fuses, which are cord-like non-detonating igniting devices;

                           (e)

                           safety fuses, which consist of a core of fine grained black powder surrounded by a flexible woven fabric with one or more protective outer coverings and which, when ignited, burn at a predetermined rate without any external explosive effect;

                           (f)

                           cap-type primers, which consist of a metal or plastic cap containing a small amount of primary explosive mixture that is readily ignited by impact and which serve as igniting elements in small arms cartridges or in percussion primers for propelling charges.’;

               (2)

               Article 7 is replaced by the following:
               ‘Article 7
               Plain detonators
               For plain detonators the unique identification shall consist of an adhesive label or direct printing or stamping on the detonator shell. An associated label shall be placed on each case of detonators.
               In addition, undertakings may use a passive inert electronic tag attached to each detonator, and an associated tag for each case of detonators.’;

               (3)

               Articles 9 and 10 are replaced by the following:
               ‘Article 9
               Primers and boosters
               For primers other than those referred to in Article 2 and for boosters the unique identification shall consist of an adhesive label or direct printing on such primers and boosters. An associated label shall be placed on each case of such primers and boosters.
               In addition, undertakings may use a passive inert electronic tag attached to each such primer and booster, and an associated tag for each case of such primers and boosters.
               Article 10
               Detonating cords
               For detonating cords the unique identification shall consist of an adhesive label or direct printing on the bobbin. The unique identification will be marked every 5 meters on either the external envelope of the cord or the plastic extruded inner layer immediately under the exterior fibre of the cord. An associated label shall be placed on each case of detonating cord.
               In addition, undertakings may use a passive inert electronic tag inserted within the cord, and an associated tag for each case of cord.’;

               (4)

               the second subparagraph of Article 15(1) is replaced by the following:
               ‘They shall apply those provisions from 5 April 2013. However, they shall apply the provisions necessary to comply with Article 3(6) and Articles 13 and 14 from 5 April 2015.’;

               (5)

               the following Article 15a is inserted:
               ‘Article 15a
               By 31 December 2020, the Commission shall carry out a review to assess whether technical progress has made it possible to revoke the exemptions set out in point 3 of the Annex.’;

               (6)

               in point 3 of the Annex, the following paragraphs are added:
               ‘For articles too small to affix the information under point 1(b)(i) and (ii) and point 2 or where it is technically impossible due to their shape or design to affix a unique identification, a unique identification shall be affixed on each smallest packaging unit.
               Each smallest packaging unit shall be closed with a seal.
               Each plain detonator or booster falling under the exemption set out in the second paragraph shall be marked in a durable way so as to ensure that it is clearly legible with the information under point 1(b)(i) and (ii). The number of plain detonators and boosters contained shall be printed on the smallest packaging unit.
               Each detonating cord falling under the exemption set out in the second paragraph shall be marked with the unique identification on the reel or spool and, where applicable, on the smallest packaging unit.’.

         Article 2
   1.   Member States shall adopt and publish, by 4 April 2012 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 5 April 2013.
   When Member States adopt those 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.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 22 February 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 121, 15.5.1993, p. 20.

      (2)  OJ L 94, 5.4.2008, p. 8.


Avis juridique important

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31974L0038

Fourth Commission Directive 74/38/EEC of 17 December 1973 amending the Annexes of the Council Directive of 23 November 1970 concerning additives in feedingstuffs

Official Journal L 030 , 04/02/1974 P. 0021 - 0022

++++FOURTH COMMISSION DIRECTIVE  OF 17 DECEMBER 1973  AMENDING THE ANNEXES OF THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS   ( 74/38/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ( 1 ) ON ADDITIVES IN FEEDINGSTUFFS , AS LAST AMENDED BY THE THIRD COMMISSION DIRECTIVE OF 13 DECEMBER 1973 , AND IN PARTICULAR ARTICLE 6 ( 1A ) THEREOF ;  WHEREAS THE PROVISIONS OF THE ABOVEMENTIONED DIRECTIVE PROVIDE FOR THE CONTENT OF THE ANNEXES TO BE CONSTANTLY AMENDED DUE TO THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS IT IS APPARENT THAT NITROVIN , CURRENTLY APPEARING IN ANNEX II CAN UNDER CERTAIN CONDITIONS BE USED AT COMMUNITY LEVEL ; IT IS STILL DESIRABLE NEVERTHELESS TO MAINTAIN CERTAIN USES OF THIS ADDITIVE AT NATIONAL LEVEL ;  WHEREAS FURTHERMORE , NITROVIN IS AT THE MOMENT CLASSIFIED UNDER THE PART " COCCIDIOSTATS AND OTHER MEDICAL SUBSTANCES " ALTHOUGH THIS ADDITIVE ACTS ESSENTIALLY ON THE GROWTH OF ANIMALS ; WHEREAS IT IS NECESSARY THEREFORE TO CLASSIFY THIS ADDITIVE IN ANNEX I IN A NEW PART ENTITLED " GROWTH PROMOTERS " AND IN ANNEX II IN PART E " OTHER ADDITIVES " ;  WHEREAS IT IS NEVERTHELESS NECESSARY TO PROVIDE FOR CERTAIN CONDITIONS OF USE , WITH REGARD TO THIS ADDITIVE , IN ORDER TO AVOID ALL INAPPROPRIATE USES ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE ANNEXES OF THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ON ADDITIVES IN FEEDINGSTUFFS SHALL BE AMENDED AS STIPULATED IN THE FOLLOWING ARTICLES .  ARTICLE 2  ANNEX I SHALL BE AMENDED AS FOLLOWS :  1 . A PART J " GROWTH PROMOTERS " SHALL BE ADDED TO THE EXISTING TABLE ;  2 . UNDER PART J " GROWTH PROMOTERS " THE FOLLOWING PROVISIONS SHALL BE ADDED :  EEC NO*ADDITIVES*CHEMICAL FORMULA , DESCRIPTION*SPECIES OF ANIMAL*MAXIMUM AGE*PPM OF COMPLETE FEEDINGSTUFFS*OTHER PROVISIONS*  *****MINIMUM CONTENT*MAXIMUM CONTENT**  J . GROWTH PROMOTERS******  E 800*NITROVIN*1,5-DI ( 5-NITRO-2-FURYL)-1,4-PENTADIEN-3-ONE-AMIDINOHYDRAZONE - HYDROCHLORIDE*CHICKENS FOR FATTENING* - *10*15*USE PROHIBITED AT LEAST THREE DAYS BEFORE SLAUGHTER ; MIXING OR SIMULTANEOUS USE WITH ANTIBIOTICS PROHIBITED*  ARTICLE 3  ANNEX II SHALL BE AMENDED AS FOLLOWS :  1 . ADDITIVE NO 16 SHALL BE DELETED FROM PART B " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " .  2 . THE FOLLOWING PROVISION SHALL BE ADDED TO PART E " OTHER ADDITIVES " :  NO*ADDITIVES*CHEMICAL FORMULA , DESCRIPTION*SPECIES OF ANIMAL*  6*NITROVIN*1,5-DI ( 5-NITRO-2-FURYL)-1,4-PENTADIEN-3-ONE-AMIDINOHYDRAZONE - HYDROCHLORIDE*SWINE , CALVES , TURKEYS*  ARTICLE 4  THE MEMBER STATES SHALL , NOT LATER THAN 1 MARCH 1974 , BRING INTO FOCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO ALL MEMBER STATES .  DONE AT BRUSSELS , 17 DECEMBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI  ( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .