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32001L0019

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 (Text with EEA relevance.) - Statements

Official Journal L 206 , 31/07/2001 P. 0001 - 0051

Directive 2001/19/EC of the European Parliament and of the Councilof 14 May 2001amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 40, 47(1), the first and third sentences of Article 47(2), and Article 55 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 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 15 January 2001,Whereas:(1) On 16 February 1996 the Commission gave the European Parliament and the Council its Report on the state of application of the general system for the recognition of higher-education diplomas made in accordance with Article 13 of 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(4). In this Report the Commission undertook to examine the possibility of incorporating into that Directive the obligation to take into consideration, when examining applications for recognition, experience gained following the award of the qualification in question, the possibility of introducing the concept of "regulated education and training". The Commission also undertook to examine the arrangements whereby the role of the Coordinating Group set up by Article 9(2) of Directive 89/48/EEC could be developed in order to ensure more uniform application and interpretation of the Directive.(2) The concept of regulated education and training, introduced by 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 89/48/EEC(5) (both Directives being hereinafter referred to as the "general system Directives"), should be extended to the initial general system and should be based on the same principles by applying to it the same rules; it should be left to the individual Member States to choose the means of defining professions covered by regulated education and training.(3) The general system Directives permit the host Member State to require, subject to certain conditions, the applicant to take compensation steps, notably where substantial differences exist between the theoretical and/or practical education and training undergone and that covered by the qualification required in the host Member State; under Articles 39 and 43 of the Treaty, as interpreted by the Court of Justice of the European Communities(6), the host Member State must assess whether professional experience is sufficient in order to prove possession of the knowledge which is lacking; in the interests of clarity and legal certainty for individuals wishing to practise their profession in another Member State, it is desirable to incorporate into the general system Directives the requirement that the host Member State has to examine whether the professional experience gained by the applicant since obtaining his qualification(s) covers the subjects referred to above.(4) The coordination procedure provided for by the general system Directives should be improved and simplified by enabling the Coordinating Group to adopt and publish opinions on questions referred to it by the Commission that relate to the practical application of the general system.(5) In its Communication to the European Parliament and the Council on the SLIM initiative, the Commission undertook to present proposals aimed at simplifying the updating of the lists of qualifications eligible for automatic recognition. 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(7) provides for a simple procedure in the case of general practitioners' qualifications; experience has shown that the procedure affords sufficient legal certainty; it is desirable to extend it to qualifications held by nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and doctors as referred to in Council Directives 77/452/EEC(8), 77/453/EEC(9), 78/686/EEC(10), 78/687/EEC(11), 78/1026/EEC(12), 78/1027/EEC(13), 80/154/EEC(14), 80/155/EEC(15), 85/432/EEC(16), 85/433/EEC(17) and 93/16/EEC (hereinafter referred to as the "sectoral Directives") respectively.(6) According to the case-law of the Court of Justice of the European Communities, Member States are not required to recognise diplomas, certificates and other evidence of formal qualifications which do not testify to training acquired in one of the Member States of the Community(18). However, Member States should take into account professional experience gained by the person concerned in another Member State(19). That being so, it should be stipulated in the sectoral Directives that recognition by a Member State of a diploma, certificate or other evidence of formal qualification awarded to a nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist or doctor on completion of education and training in a third country and professional experience gained by the person concerned in a Member State constitute Community elements which the other Member States should examine.(7) The period within which Member States are to reach a decision on applications for recognition of diplomas, certificates and other evidence of formal qualifications obtained by nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, architects, pharmacists or doctors in a third country should be stipulated.(8) Lifelong learning has been made especially important in the area of medicine by the rapid advances in technical and scientific progress. It is up to the Member States to decide how to ensure, by suitable continuing training after completion of studies, that doctors maintain their knowledge of progress in medicine. The present system of mutual recognition of professional qualifications remains unchanged.(9) The applicant must have right of appeal under national law if his application is rejected or if a decision is not reached within the stipulated period. Member States are to state their reasons for such decisions taken regarding the recognition of diplomas, certificates and other evidence of formal qualifications held by nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, architects, pharmacists or doctors; where a Member State decides to recognise a diploma, certificate or other evidence of formal qualifications, it should be free to choose whether or not to state the reasons.(10) For reasons of fairness, transitional measures should be taken in respect of certain dental practitioners in Italy who hold diplomas, certificates or other evidence of formal qualifications in medicine awarded in Italy but on completion of medical training begun after the deadline stipulated in Article 19 of Directive 78/686/EEC.(11) Article 15 of Directive 85/384/EEC(20) provides for a derogation during a transitional period that has now expired, that provision should be deleted.(12) There should be a clear distinction in Article 24 of Directive 85/384/EEC between the formalities to be completed in the case of establishment and those to be completed in the case of provision of services, thereby rendering more effective the exercise of the freedom to provide services as an architect.(13) For reasons of equality of treatment, transitional measures should be provided for in respect of certain holders of diplomas, certificates and other evidence of formal qualifications in pharmacy awarded in Italy on completion of training that does not fully comply with Directive 85/432/EEC.(14) It is desirable to extend the scope of mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy in order to facilitate effective exercise of the right of establishment between Greece and the other Member States. Therefore, the derogation provided for in Article 3 of Directive 85/433/EEC should be deleted.(15) In its Report on specific training in general medical practice provided for by Title IV of Directive 93/16/EEC, the Commission recommended that the requirements applying to part-time training in general medical practice should be brought into line with those applying to other medical specialists.(16) The general system Directives and the sectoral Directives, should be amended,HAVE ADOPTED THIS DIRECTIVE:SECTION 1AMENDMENTS TO THE GENERAL SYSTEM DIRECTIVESArticle 1Directive 89/48/EEC is hereby amended as follows:1) Article 1 shall be amended as follows:(a) the second indent of point (a) shall be replaced by the following: "- which shows that the holder has successfully completed a post-secondary course of at least three years' duration, or of an equivalent duration part-time, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course, and"(b) the following point shall be inserted: "(d) a regulated education and training: any education and training which:- is directly geared to the practice of a defined profession, and- comprises a post-secondary course of at least three years' duration, or an equivalent duration part-time, at a university or higher education establishment or in another establishment of equivalent level and, where appropriate, the professional training, professional traineeship or professional practice required in addition to the post-secondary course; the structure and level of the professional training, professional traineeship or professional practice shall be determined by the laws, regulations or administrative provisions of the Member State concerned or monitored or approved by the authority designated for that purpose.";2) in Article 3(b), the following subparagraph shall be inserted after the first subparagraph: "However, the two years' of professional experience referred to in the first subparagraph may not be required where the qualification or qualifications held by the applicant and referred to in this point were awarded on completion of regulated education and training.";3) in Article 4(1)(b), the following subparagraph shall be inserted after the first subparagraph: "If the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must first examine whether the knowledge acquired by the applicant in the course of his professional experience is such that it fully or partly covers the substantial difference referred to in the first subparagraph.";4) the following paragraphs shall be added to Article 6: "5. Where proof of financial standing is required in order to take up or pursue a regulated profession in the host Member State, that Member State shall regard certificates issued by banks in the Member State of origin or in the Member State from where the foreign national comes as equivalent to those issued in its own territory.6. Where the competent authority of the host Member State requires of its own nationals wishing to take up or pursue a regulated profession proof that they are insured against the financial risks arising from their professional liability, that Member State shall accept certificates issued by insurance undertakings of other Member States as equivalent to those issued in its own territory. Such certificates shall state that the insurer has complied with the laws and regulations in force in the host Member State regarding the terms and extent of cover. They may not be presented more than three months after their date of issue.";5. in Article 9(2), the first indent of the second subparagraph shall be replaced by: "- to facilitate the implementation of this Directive, in particular by adopting and publishing opinions on the questions referred to it by the Commission,".Article 2Directive 92/51/EEC is hereby amended as follows:1) in Article 4(1)(b), the following subparagraph shall be inserted after the first subparagraph: "If the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must examine first whether the knowledge acquired by the applicant in the course of his professional experience is such that it fully or partly covers the substantial difference referred to in the first subparagraph.";2) in Article 5, the following paragraph shall be inserted after the second paragraph: "If the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must first examine whether knowledge acquired by the applicant in the course of his professional experience is such that it fully or partly covers the substantial difference between the diploma and the certificate.";3) in Article 7(a) the following subparagraph shall be inserted after the first subparagraph: "If the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must first examine whether knowledge acquired by the applicant in the course of his professional experience is such that it fully or partly covers the substantial difference referred to in the first subparagraph.";4) the following paragraphs shall be added to Article 10: "5. Where proof of financial standing is required in order to take up or pursue a regulated profession in the host Member State, that Member State shall regard certificates issued by banks in the Member State of origin or in the Member State from where the foreign national comes as equivalent to those issued in its own territory.6. Where the competent authority of the host Member State requires of its own nationals wishing to take up or pursue a regulated profession proof that they are insured against the financial risks arising from their professional liability, that Member State shall accept certificates issued by insurance undertakings of other Member States as equivalent to those issued in its own territory. Such certificates shall state that the insurer has complied with the laws and regulations in force in the host Member State regarding the terms and extent of cover. They may not be presented more than three months after their date of issue.";5) in Article 13(2), the first indent of the second subparagraph shall be replaced by: "- facilitate the implementation of this Directive, in particular by adopting and publishing opinions on the questions referred to it by the Commission,";6) the following paragraph shall be added to Article 15: "8. Amendments made to the lists of education and training courses set out in Annexes C and D on the basis of the procedure laid down above shall apply immediately on the date set by the Commission.".SECTION 2AMENDMENTS TO THE SECTORAL DIRECTIVESSection 2.1Nurses responsible for general careArticle 3Directive 77/452/EEC is hereby amended as follows:1) (concerns only the Greek version);2) In Article 2, the words "listed in Article 3" shall be replaced by "listed in the Annex";3) Article 3 shall be deleted;4) references made to Article 3 shall be understood as made to the Annex;5) (concerns only the Greek version).6) the following Articles shall be inserted: "Article 18aMember States shall notify the Commission of the laws, regulations or administrative provisions they adopt as regards the award of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive. The Commission shall publish an appropriate notice in the Official Journal of the European Communities, listing the names adopted by the Member States for the training qualification concerned and, where applicable, for the corresponding professional title.Article 18bEach Member State shall recognise as sufficient proof, in respect of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive do not correspond to the names listed for that Member State in this Directive, the diplomas, certificates and other evidence of formal qualifications awarded by those Member States and accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that the diplomas, certificates and other evidence of formal qualifications in question have been awarded on completion of education and training that complies with the provisions of this Directive and are treated by the awarding Member State as equivalent to those whose names are listed therein.Article 18cMember States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation.Article 18dWhere the application is rejected, Member States shall duly give the reasons for decisions on applications for recognition of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive.Applicants shall have a right of appeal before the courts under national law. That right of appeal shall likewise apply in the event of failure to reach a decision within the stipulated period.";7) the Annex as it appears in Annex I to this Directive shall be added.Article 4In Article 1(1) of Directive 77/453/EEC, the words "as specified in Article 3 of Directive 77/452/EEC" shall be replaced by "as specified in the Annex to Directive 77/452/EEC".Section 2.2Dental practitionersArticle 5Directive 78/686/EEC is hereby amended as follows:1) in Article 2, the words "listed in Article 3" shall be replaced by "listed in Annex A";2) Article 3 shall be deleted;3) the title of Chapter III shall be replaced by: "Diplomas, certificates and other evidence of formal qualifications in specialised dentistry.";4) Article 4 shall be replaced by: "Article 4Each Member State with provisions in this field laid down by law, regulation or administrative action shall recognise the diplomas, certificates and other evidence of formal qualifications of dental practitioners specialising in orthodontics and oral surgery awarded to nationals of Member States by other Member States in accordance with Articles 2 and 3 of Directive 78/687/EEC and which are listed in Annex B, by granting such qualifications the same effect in its territory as the diplomas, certificates and other evidence of formal qualifications which it itself awards.";5) Article 5 shall be deleted;6) Article 6 shall be amended as follows:(a) the following subparagraph shall be added to paragraph 2: "It shall also take into account any professional experience, additional training and continuing dental education they possess.";(b) paragraph 3 shall be replaced by: "3. The competent authorities or bodies of the host Member State, having assessed the content and duration of the training of the person concerned on the basis of the diplomas, certificates and other evidence of formal qualifications submitted, and taking into account any professional experience, additional training and continuing dental education that he possesses, shall inform him of the period of additional training required and of the fields to be covered by it.";(c) the following paragraph shall be added: "4. The Member State shall give its decision within four months of the date on which the applicant submits his application together with full supporting documentation.";7) in Article 19 the existing two subparagraphs shall become paragraph 1 and the following paragraph shall be added: "2. Member States shall recognise the diplomas, certificates and other evidence of formal qualifications in medicine awarded in Italy to persons who commenced their university medical training between 28 January 1980 and 31 December 1984 and accompanied by a certificate issued by the Italian competent authorities stating:- that the persons concerned have passed the specialist aptitude test set by the Italian competent authorities in order to ascertain that they possess a level of knowledge and skills comparable to those of persons holding the qualification listed for Italy in Annex A;- that they have effectively, lawfully and principally been engaged in Italy in the activities specified in Article 5 of Directive 78/687/EEC for at least three consecutive years during the five years prior to the issue of the certificate;- and that they are authorised to engage in, or are effectively, lawfully and principally engaged in, the activities referred to in Article 5 of Directive 78/687/EEC, subject to the same conditions as holders of the qualification listed for Italy in Annex A to this Directive.The requirement to take the aptitude test referred to in the first subparagraph shall be waived in the case of persons who have successfully completed at least three years' of study which are certified by the competent authorities as being equivalent to the training referred to in Article 1 of Directive 78/687/EEC.";8) references made to Articles 3 and 5 shall be understood as being made to Annexes A and B respectively;9) the following Articles shall be inserted: "Article 23aMember States shall notify the Commission of the laws, regulations or administrative provisions they adopt as regards the award of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive. The Commission shall publish an appropriate notice in the Official Journal of the European Communities, listing the names adopted by the Member States for the training qualifications concerned and, where applicable, for the corresponding professional title.Article 23bEach Member State shall recognise as sufficient proof, in respect of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive do not correspond to the names listed for that Member State in this Directive, the diplomas, certificates and other evidence of formal qualifications awarded by those Member States and accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that the diplomas, certificates and other evidence of formal qualifications in question have been awarded on completion of education and training that complies with the provisions of this Directive and are treated by the awarding Member State as equivalent to those whose names are listed therein.Article 23cMember States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation.Article 23dWhere the application is rejected, Member States shall duly give the reasons for decisions on applications for recognition of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive.Applicants shall have a right of appeal before the courts under national law. That right of appeal shall likewise apply in the event of failure to reach a decision within the stipulated period.";10) Annexes A and B as they appear in Annex II to this Directive shall be added.Article 6In Article 1(1) of Directive 78/687/EEC, the words "referred to in Article 3 of the same Directive" shall be replaced by "referred to in Annex A to that Directive".Section 2.3Veterinary surgeonsArticle 7Directive 78/1026/EEC is hereby amended as follows:1) in Article 2, the words "in Article 3" shall be replaced by "in the Annex";2) Article 3 shall be deleted;3) references made to Article 3 shall be understood as being made to the Annex;4) the following Articles shall be inserted: "Article 17aMember States shall notify the Commission of the laws, regulations or administrative provisions they adopt as regards the award of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive. The Commission shall publish an appropriate notice in the Official Journal of the European Communities, listing the names adopted by the Member States for the training qualifications concerned and, where applicable, for the corresponding professional title.Article 17bEach Member State shall recognise as sufficient proof, in respect of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive do not correspond to the names listed for that Member State in this Directive, the diplomas, certificates and other evidence of formal qualifications awarded by those Member States and accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that the diplomas, certificates and other evidence of formal qualifications in question have been awarded on completion of education and training that complies with the provisions of this Directive and are treated by the awarding Member State as equivalent to those whose names are listed therein.Article 17cMember States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation.Article 17dWhere the application is rejected, Member States shall duly give the reasons for decisions on applications for recognition of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive.Applicants shall have a right of appeal before the courts under national law. That right of appeal shall likewise apply in the event of failure to reach a decision within the stipulated period.";5) the Annex as it appears in Annex III to this Directive shall be added.Article 8In Article 1(1) of Directive 78/1027/EEC, the words "referred to in Article 3 of Directive 78/1026/EEC" shall be replaced by "referred to in the Annex to Directive 78/1026/EEC".Section 2.4MidwivesArticle 9Directive 80/154/EEC is hereby amended as follows:1) in Article 2(1), the words "listed in Article 3" shall be replaced by "listed in the Annex";2) in the fourth and fifth indents of Article 2(1), the words "referred to in Article 3 of Directive 77/452/EEC" shall be replaced by "referred to in the Annex to Directive 77/452/EEC";3) Article 3 shall be deleted;4) references made to Article 3 shall be understood as being made to the Annex;5) the following Articles shall be inserted: "Article 19aMember States shall notify the Commission of the laws, regulations or administrative provisions they adopt as regards the award of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive. The Commission shall publish an appropriate notice in the Official Journal of the European Communities, listing the names adopted by the Member States for the training qualifications concerned and, where applicable, for the corresponding professional title.Article 19bEach Member State shall recognise as sufficient proof, in respect of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive do not correspond to the names listed for that Member State in this Directive, the diplomas, certificates and other evidence of formal qualifications awarded by those Member States and accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that the diplomas, certificates and other evidence of formal qualifications in question have been awarded on completion of education and training that complies with the provisions of this Directive and are treated by the awarding Member State as equivalent to those whose names are listed therein.Article 19cMember States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation.Article 19dWhere the application is rejected, Member States shall duly give the reasons for decisions on applications for recognition of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive.Applicants shall have a right of appeal before the courts under national law. That right of appeal shall likewise apply in the event of failure to reach a decision within the stipulated period.";6) the Annex as it appears in Annex IV to this Directive shall be added.Article 10Directive 80/155/EEC is hereby amended as follows:1) in Article 1(1), the words "referred to in Article 3" shall be replaced by "referred to in the Annex";2. in the second indent of Article 1(2), the words "referred to in Article 3 of Directive 77/452/EEC" shall be replaced by "referred to in the Annex to Directive 77/452/EEC".Section 2.5ArchitectsArticle 11Directive 85/384/EEC is hereby amended as follows:1) the following Articles shall be inserted: "Article 6Member States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation.Article 6aWhere the application is rejected, Member States shall duly give the reasons for decisions on applications for recognition of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive.Applicants shall have a right of appeal before the courts under national law. That right of appeal shall likewise apply in the event of failure to reach a decision within the stipulated period.";2) Article 15 shall be deleted;3) in Article 24(1), the words "pursuant to Articles 17 and 18" shall be replaced by "pursuant to Articles 17 and 18 in the case of establishment and pursuant to Article 22 in the case of provision of services".Section 2.6PharmacistsArticle 12In Article 2 of Directive 85/432/EEC, the following point shall be added: "6. As a transitional measure and by way of derogation from paragraphs 3 and 5, Italy, whose laws, regulations and administrative provisions prescribed training which was not brought fully into line with the training requirements laid down in this Article by the deadline stipulated in Article 5, may continue to apply those provisions to persons who commenced their training in pharmacy before 1 November 1993 and concluded it before 1 November 2003.Each host Member State shall be authorised to require that holders of diplomas, certificates and other evidence of formal qualifications in pharmacy awarded in Italy on completion of training commenced before 1 November 1993 and concluded before 1 November 2003 produce, together with their qualifications, a certificate stating that, for at least three consecutive years during the five years prior to the issue of the certificate, they were effectively and lawfully engaged in one of the activities referred to in Article 1(2) in so far as such activity is regulated in Italy.".Article 13Directive 85/433/EEC is hereby amended as follows:1) in Article 1, the words "referred to in Article 4" shall be replaced by "referred to in the Annex";2) Article 3 shall be deleted;3) Article 4 shall be deleted;4) references made to Article 4 shall be understood as being made to the Annex;5) the following Articles shall be inserted: "Article 18aMember States shall notify the Commission of the laws, regulations or administrative provisions they adopt as regards the award of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive. The Commission shall publish an appropriate notice in the Official Journal of the European Communities, listing the names adopted by the Member States for the training qualifications concerned and, where applicable, for the corresponding professional title.Article 18bEach Member State shall recognise as sufficient proof, in respect of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive do not correspond to the names listed for that Member State in this Directive, the diplomas, certificates and other evidence of formal qualifications awarded by those Member States and accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that the diplomas, certificates and other evidence of formal qualifications in question have been awarded on completion of education and training that complies with the provisions of this Directive and are treated by the awarding Member State as equivalent to those whose names are listed therein.Article 18cMember States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation.Article 18dWhere the application is rejected, Member States shall duly give the reasons for decisions on applications for recognition of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive.Applicants shall have a right of appeal before the courts under national law. That right of appeal shall likewise apply in the event of failure to reach a decision within the stipulated period.";6) the Annex as it appears in Annex V to this Directive shall be added.Section 2.7DoctorsArticle 14Directive 93/16/EEC is hereby amended as follows:1) in Article 2, the words "listed in Article 3" shall be replaced by "listed in Annex A";2) Article 3 shall be deleted;3) the title of Chapter II shall be replaced by the following: "Diplomas, certificates and other evidence of formal qualifications in specialised medicine.";4) Article 4 shall be replaced by the following: "Article 4Each Member State with provisions in this field laid down by law, regulation or administrative action shall recognise the diplomas, certificates and other evidence of formal qualifications in specialised medicine awarded to nationals of Member States by the other Member States in accordance with Articles 24, 25, 26 and 29 and which are listed in Annexes B and C, by giving such qualifications the same effect in its territory as those which the Member State itself awards.";5) Article 5 shall be replaced by the following: "Article 5The diplomas, certificates and other evidence of formal qualifications referred to in Article 4 shall be those which, having been awarded by the competent authorities or bodies listed in Annex B, correspond, for the purposes of the specialised training in question, to the qualifications listed in Annex C in respect of those Member States where such training exists.";6) the title of Chapter III and Articles 6 and 7 shall be deleted;7) in Article 8:(a) the following subparagraph shall be added to paragraph 2: "It shall also take into account their professional experience, additional training and continuing medical education.";(b) paragraph 3 shall be replaced by the following: "3. The competent authorities or bodies of the host Member State, having assessed the content and duration of the training of the person concerned on the basis of the diplomas, certificates and other evidence of formal qualifications submitted, and taking into account his professional experience, additional training and continuing medical education, shall inform him of the period of additional training required and of the fields to be covered by it.";(c) the following paragraph shall be added: "4. The Member State shall deliver its decision within four months of the date on which the applicant submits his application together with full supporting documentation.";8) in Article 9, the following paragraph shall be added: "2a Member States shall recognise evidence of formal qualifications in specialised medicine awarded in Spain to doctors who completed specialised training before 1 January 1995 which did not comply with the formal training requirements laid down in Articles 24 to 27, if the evidence is accompanied by a certificate awarded by the competent Spanish authorities attesting to the fact that the person concerned has passed the test of specific professional competence organised in the context of the special regularisation measures contained in Royal Decree 1497/99 with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of doctors holding the specialist doctors' qualifications which, in the case of Spain, are referred to in Articles 5(3) and 7(2).";9) the following paragraph shall be added to Article 23: "6. Continuing training shall ensure, in accordance with the arrangements prevailing in each Member State, that the persons who have completed their studies can keep up with progress in medicine.";10) in Article 24(1), point (a) shall be replaced by the following: "(a) it shall entail the successful completion of six years' study within the framework of the training course referred to in Article 23, during which appropriate knowledge of general medicine shall have been acquired;";11) Articles 26 and 27 shall be replaced by the following: "Article 26Member States with provisions in this field laid down by law, regulation or administrative action shall ensure that the minimum length of the specialised training courses may not be not less than the course lengths stipulated in Annex C in respect of each training course. Such minimum course lengths shall be amended pursuant to the procedure laid down in Article 44a(3).";12) Article 30 shall be replaced by the following: "Article 30Each Member State which dispenses the complete training referred to in Article 23 within its territory shall institute specific training in general medical practice meeting requirements at least as stringent as those laid down in Articles 31 and 32, in such a manner that the first diplomas, certificates or other evidence of formal qualifications awarded on completion of the course are issued not later than 1 January 2006."13) in Article 31, paragraph 1(b) shall be replaced by the following: "(b) it shall be a full-time course lasting at least three years, and shall be supervised by the competent authorities or bodies.";14) Article 31(2) shall be replaced by the following: "2. Where the training course referred to in Article 23 involves practical training given in an approved hospital or clinic with suitable equipment and services in general medicine or in an approved general medical practice or in an approved centre where doctors provide primary care, the duration of that training may be included, subject to a maximum of one year, in the period laid down in paragraph 1(b). This option shall be available only to Member States in which, on 1 January 2001, the duration of specific training in general medical practice is two years.Should the Commission note, when this paragraph is being applied, that major difficulties arise for a Member State with regard to the level of training indicated in paragraph 1(b), it shall take the opinion of the Committee of Senior Officials on Public Health established by Council Decision 75/365/EEC(21) and shall inform the European Parliament and the Council. The Commission shall submit to the European Parliament and the Council, where appropriate, proposals directed towards greater coordination of the duration of specific training in general medicine.".15) in the second indent of Article 34(1), "60 %" shall be replaced by "50 %";16) references made to Articles 3, 6, 7 and 27 shall be understood as being made to Annex A, Article 4, Article 5 and Article 26 respectively;17) the following Articles shall be inserted: "Article 42aMember States shall notify the Commission of the laws, regulations or administrative provisions they adopt as regards the award of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive. The Commission shall publish an appropriate notice in the Official Journal of the European Communities, listing the names adopted by the Member States for the training qualifications concerned and, where applicable, for the corresponding professional title.Article 42bEach Member State shall recognise as sufficient proof, in respect of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive do not correspond to the names listed for that Member State in this Directive, the diplomas, certificates and other evidence of formal qualifications awarded by those Member States and accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that the diplomas, certificates and other evidence of formal qualifications in question have been awarded on completion of education and training that complies with the provisions of this Directive and are treated by the awarding Member State as equivalent to those whose names are listed therein.Article 42cMember States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation.Article 42dWhere the application is rejected, Member States shall duly give the reasons for decisions on applications for recognition of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive.Applicants shall have a right of appeal before the courts under national law. That right of appeal shall likewise apply in the event of failure to reach a decision within the stipulated period.";18) Article 44a shall be amended as follows:(a) does not affect the English text;(b) paragraph 2 shall be deleted;19) Annexes A, B and C as they appear in Annex VI to this Directive shall be added;SECTION 3FINAL PROVISIONSArticle 15Not later than 1 January 2008, the Commission shall report to the European Parliament and the Council on the state of application of Article 1 points (1) and (2) in the Member States.After undertaking all the necessary hearings, the Commission shall submit its conclusions regarding any changes to the existing arrangement in Article 1 points (1) and (2). If necessary, the Commission shall also submit proposals for improving the existing arrangement.Article 161. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 2003. They shall forthwith 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 laid down by Member States.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 17This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 18This Directive is addressed to the Member States.Done at Brussels, 14 May 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentA. Lindh(1) OJ C 28, 26.1.1998, p. 1.(2) OJ C 235, 27.7.1998, p. 53(3) Opinion of the European Parliament of 2 July 1998 (OJ C 226, 20.7.1998, p. 26), confirmed on 27 October 1999, Council Common Position of 20 March 2000 (OJ C 119, 27.4.2000, p. 1) and Decision of the European Parliament of 5 July 2000 (not yet published in the Official Journal). Decision of the European Parliament of 1 February 2001 and Council Decision of 26 February 2001.(4) OJ L 19, 24.1.1989, p. 16.(5) OJ L 209, 24.7.1992, p. 25. Directive as last amended by Commission Directive 2000/5/EC (OJ L 54, 26.2.2000, p. 42).(6) C-340/89 (Vlassopoulou) 1991 ECR-I-2357.(7) OJ L 165, 7.7.1993, p. 1. Directive as last amended by Directive 1999/46/EC (OJ L 139, 2.6.1999, p. 25).(8) OJ L 176, 15.7.1977, p. 1. Directive as last amended by the 1994 Act of Accession.(9) OJ L 176, 15.7.1977, p. 8. Directive as amended by Directive 89/595/EEC (OJ L 341, 23.11.1989, p. 30).(10) OJ L 233, 24.8.1978, p. 1. Directive as last amended by the 1994 Act of Accession.(11) OJ L 233, 24.8.1978, p. 10. Directive as last amended by the 1994 Act of Accession.(12) OJ L 362, 23.12.1978, p. 1. Directive as last amended by the 1994 Act of Accession.(13) OJ L 362, 23.12.1978, p. 7. Directive as amended by Directive 89/594/EEC (OJ L 341, 23.11.1989, p. 19).(14) OJ L 33, 11.2.1980, p. 1. Directive as last amended by the 1994 Act of Accession.(15) OJ L 33, 11.2.1980, p. 8. Directive as amended by Directive 89/594/EEC.(16) OJ L 253, 24.9.1985, p. 34.(17) OJ L 253, 24.9.1985, p. 37. Directive as last amended by the 1994 Act of Accession.(18) C-154/93 (Tawil Albertini) 1994 ECR I - 451.(19) C-319/92 (Haim) 1994 ECR I - 425.(20) OJ L 223, 21.8.1985, p. 15. Directive as last amended by the 1994 Act of Accession.(21) OJ L 167, 30.6.1975, p. 19.ANNEX I"ANNEXTitles of diplomas, certificates and other evidence of formal qualifications in nursing (general care)>TABLE>"ANNEX II"ANNEX ATitles of diplomas, certificates and other evidence of formal qualifications in dentistry>TABLE>ANNEX BTitles of diplomas, certificates and other evidence of formal qualifications in specialised dentistry1. Orthodontics>TABLE>2. Oral surgery>TABLE>"ANNEX III"ANNEXTitles of diplomas, certificates and other evidence of formal qualifications in veterinary surgery>TABLE>"ANNEX IV"ANNEXTitles of diplomas, certificates and other evidence of formal qualifications in midwifery>TABLE>"ANNEX V"ANNEXTitles of diplomas, certificates and other evidence of formal qualifications in pharmacy>TABLE>"ANNEX VI"ANNEX ATitles of diplomas, certificates and other evidence of formal qualifications in medicine>TABLE>ANNEX BTitles of diplomas, certificates and other evidence of formal qualifications in specialised medicine>TABLE>ANNEX CTitles of training courses in specialised medicine>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>"StatementsStatement by the CommissionThe Commission underlines that studies will be made, and reports - and if need be legislative proposals - presented, subject to the availability of the necessary resources.Statement by the CommissionThe question of recognition of diplomas, certificates and other evidence of former qualifications obtained outside the European Union arises only in the case of a fairly small number of Community nationals. The Treaty does not in fact lay down any legal basis for the purpose of facilitating the recognition of diplomas, certificates and other evidence of former qualifications obtained by nationals of third countries.The question of recognition of qualifications obtained in third countries has already been discussed within the committees of representatives of the national authorities responsible for implementing the mutual recognition of diplomas.The Court of Justice of the European Communities has just determined new principles which must be applied by the Member States in this context (see judgment of 14.9.2000 in Case C-238/98 Hocsman).The Commission will identify the situations which have not yet been resolved and will propose, if necessary, appropriate solutions in its future proposals.Joint statement by the Parliament/Council/CommissionThe European Parliament, the Council and the Commission share the opinion that it is important to have consolidated versions, easily accessible to everyone, of the legal texts applicable in the field of mutual recognition of professional qualifications.For this purpose, much codification work has been done through the adoption of Council Directive 93/16/EEC (free movement of doctors) and Directive 1999/42/EC of the European Parliament and of the Council (third general system). Furthermore, the Commission has made available to users the User's Guide to the general system for the recognition of professional qualifications.The Commission intends to pursue this effort in two stages: initially it plans to integrate the sectoral Directives into a consolidated framework. The Commission will then examine the possibility of consolidating the Directives relating to the general system, in order to continue simplifying the legislation and further facilitate the free provision of services with regard to the conclusions of the Lisbon Summit.The Commission will also examine developments in the specific training of general practitioners in Member States and the extent of the problems which would arise from differences in duration and training. If a need is felt, the Commission will present subsequent proposals for coordination in this respect.The Commission will present the results of its work at the latest in 2003.The European Parliament and the Council note the intentions of the Commission which will keep them informed on progress made.


Avis juridique important

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31993L0014

Council Directive 93/14/EEC of 5 April 1993 on the braking of two or three-wheel motor vehicles

Official Journal L 121 , 15/05/1993 P. 0001 - 0019 Finnish special edition: Chapter 13 Volume 24 P. 0057  Swedish special edition: Chapter 13 Volume 24 P. 0057

COUNCIL DIRECTIVE 93/14/EEC of 5 April 1993 on the braking of two or three-wheel motor vehiclesTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles(1) ,  Having regard to the proposal from the Commission(2) ,  In cooperation with the European Parliament(3) ,  Having regard to the opinion of the Economic and Social Committee(4) ,  Whereas measures should be adopted which are intended gradually to establish the internal market within a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers in which the free movement of goods,  persons, services and capital is ensured;  Whereas, with regard to braking, in each Member State two or three-wheel vehicles must display certain technical characteristics laid down by mandatory provisions which differ from one Member State to another; whereas, as a result of their differences,  such provisions constitute barriers to trade within the Community;  Whereas these barriers to the establishment and operation of the internal market may be removed if the same requirements are adopted by all the Member States in place of their national rules;  Whereas it is necessary to draw up harmonized requirements concerning the braking of two or three-wheel motor vehicles in order to enable the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be applied for each  type of such vehicle;  Whereas in order to facilitate access to the markets of non-Community countries it is necessary to establish equivalence between the requirements of this Directive and those of United Nations ECE Regulation No 78,  HAS ADOPTED THIS DIRECTIVE:  Article 1  This Directive applies to the braking of all types of vehicle as defined in Article 1 of Directive 92/61/EEC.  Article 2  The procedure for the granting of component type-approval in respect of the braking of a type of two or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Chapters II and III of  Directive 92/61/EEC.  Article 3  In accordance with Article 11 of Directive 92/61/EEC, equivalence between the requirements laid down in this Directive and those laid down in United Nations ECE Regulation No 78 (E/ECE/324 and E/ECE(TRANS/505 REV 1 ADD 77 of 20 October 1988)  is hereby acknowledged.  The authorities of the Member States which grant component type-approval shall accept approvals granted in accordance with the requirements of the abovementioned Regulation No 78 as well as component type-approval marks as an alternative to the  corresponding approvals and component type-approval marks granted in accordance with this Directive.  Article 4  This Directive may be amended in accordance with Article 13 of Directive 70/156/EEC(5)  in order to:  - take into account any amendments to the ECE Regulation referred to in Article 3,  - adapt the Annex to technical progress.  Article 5  1.  Member States shall adopt and publish the provisions necessary to comply with this Directive before 5 October 1994 and shall forthwith inform the Commission thereof.  When the Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the  Member States.  From the date mentioned in the first subparagraph Member States may not, for reasons connected with braking, prohibit the initial entry into service of vehicles which conform to this Directive.  They shall apply the provisions referred to in the first suparagraph as from 5 April 1995.  2.  Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.  Article 6  This Directive is addressed to the Member States.  Done at Luxembourg, 5 April 1993.  For the Council The President J. TROEJBORG   (1) OJ No L 225, 10. 8. 1992, p. 72.  (2) OJ No C 93, 13. 4. 1992, p. 24.  (3) OJ No C 305, 23. 11. 1992, p. 114; and OJ No C 72, 15. 3. 1993.  (4) OJ No C 313, 30. 11. 1992, p. 7.  (5) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Directive 92/53/EEC (OJ No L 225, 10. 8. 1992, p. 1).    ANNEX  1. DEFINITIONS For the purposes of this Directive:  1.1. Type of vehicle with respect to its braking:  means vehicles which do not differ in such essential respects as:  1.1.1. the vehicle category, as defined in Article 1 of this Directive;  1.1.2. the maximum mass, as defined in 1.13;  1.1.3. the distribution of mass among the axles;  1.1.4. the maximum design speed;  1.1.5. a different type of braking system;  1.1.6. number and arrangement of the axles;  1.1.7. engine type;  1.1.8. the number of gears and their overall ratio;  1.1.8a. final drive ratios;  1.1.9. the tyre dimensions.  1.2. Braking device:  means the combination of parts other than the engine whose function is progressively to reduce the speed of a moving vehicle or to bring it to a halt, or to keep it stationary if it is already halted; these functions are specified in 2.1.2. The device  consists of the control, the transmission and the brake proper.  1.3. Control:  means the part actuated directly by the driver to furnish to the transmission the energy required for braking, or for controlling it. This energy may be the muscular energy of the driver, or energy of another source controlled by the driver, or a  combination of these various kinds of energy.  1.4. Transmission:  means the combination of components comprised between the control and the brakes and linking them functionally. Where the braking power is derived from or assisted by a source of energy independent of the driver but controlled by him, the reserve of  energy in the device is likewise part of the transmission.  1.5. Brake:  means the parts of the braking device in which the forces opposing the movement of the vehicle are developed.  1.6. Different types of braking devices:  means devices which differ in such essential respects as:  1.6.1. components having different characteristics;  1.6.2. a component made of materials having different characteristics, or a component differing in shape or size;  1.6.3. a different assembly of the components.  1.7. Component(s) of a braking device:  means one or more of the individual parts which, when assembled, constitute the braking device.  1.8. Combined braking system means:  1.8.1. in the case of two-wheel mopeds and two-wheel motorcycles, a system whereby at least two brakes on different wheels are actuated in combination by the operation of a single control;  1.8.2. in the case of three-wheel mopeds and tricycles, a braking device which operates on all the wheels;  1.8.3. in the case of motorcycles with sidecar, a braking device which operates at least on the front and on the rear wheel. Therefore a braking device which operates simultaneously on the rear wheel and on the sidecar wheel is regarded as a rear brake.   1.9. Progressive and graduated braking:  means braking during which, within the normal operating range of the device, and whether during the application or during release of the brakes:  1.9.1. the driver can at any moment increase or decrease the braking force by acting on the control;  1.9.2. the braking force varies proportionally to the action on the control (monotonic function); and 1.9.3. the braking force can be easily regulated with sufficient precision.  1.10. Maximum design speed:  means the speed which the vehicle cannot exceed, on the level and without undue external influence, taking into account any special limitations imposed on the design and construction of the vehicle.  1.11. Laden vehicle:  means, except where otherwise stated, a vehicle so laden as to attain its maximum mass.  1.12. Unladen vehicle:  means the vehicle alone, as submitted for the tests, plus the driver alone and any necessary test equipment or instrumentation.  1.13. Maximum mass:  means the maximum mass stated by the vehicle manufacturer to be technically permissible (this mass may be greater than the permissible maximum mass laid down by the national administration).  1.14. Wet brake:  means a brake or brakes which has/have been treated in accordance with Section 1.3 of Appendix 1.  2. CONSTRUCTION AND FITTING REQUIREMENTS 2.1. General 2.1.1. Braking device 2.1.1.1. The braking device must be so designed, constructed and fitted as to enable the vehicle in normal use to comply with the provisions of this Directive, despite the vibration to which it may be subjected.  2.1.1.2. In particular, the braking device shall be so designed, constructed and fitted as to be able to resist the corroding and ageing phenomena to which it is exposed.  2.1.2. Functions of the braking device The braking device defined in 1.2 must fulfil the following conditions:  2.1.2.1. Service braking The service braking must make it possible to control the movement of the vehicle and to halt it safely, speedily and effectively, whatever its speed and load, on any up or down gradient. It must be possible to graduate this braking action. The driver  must be able to achieve this braking action from his driving seat without removing his hands from the steering control.  2.1.2.2. Secondary (emergency) braking (where applicable) The secondary (emergency) braking must make it possible to halt the vehicle within a reasonable distance in the event of failure of the service braking. It must be possible to graduate this braking action. The driver must be able to obtain this braking  action from his driving seat while keeping at least one hand on the steering control. For the purposes of these provisions it is assumed that not more than one failure of the service braking can occur at one time.  2.1.2.3. Parking brake (if fitted) The parking brake must make it possible to halt the vehicle stationary on up or down gradient even in the absence of the driver, the working parts being then held in the locked position by a purely mechanical device. The driver must be able to achieve  this braking action from his driving seat.  2.2. Characteristics of braking devices 2.2.1. Every two-wheel moped or two-wheel motorcycle shall be equipped with two service braking devices, with independent controls and transmissions, one acting at least on the front wheel and the other at least on the rear wheel.  2.2.1.1. The two service braking devices may have a common braking so long as a failure in one braking device does not affect the performance of the other. Certain parts, such as the brake itself, the brake cylinders and their pistons (except the  seals), the push rods and the cam assemblies of the brakes, shall not be regarded as liable to breakage if they are amply dimensioned, are readily accessible for maintenance and exhibit sufficient safety features.  2.2.1.2. A parking braking device is not compulsory.  2.2.2. Every motorcycle with sidecar shall be equipped with the braking devices which would be required if it had no sidecar; if these devices enable the required performance to be achieved in tests of the vehicle with sidecar, a brake on the sidecar  wheel shall not be required; a parking braking device is not compulsory.  2.2.3. Every three-wheel moped must be equipped with:  2.2.3.1. either two independent service braking devices which together actuate the brakes on all of the wheels; or 2.2.3.2. a service braking device which operates on all the wheels, and a secondary (emergency) braking device which may be the parking brake.  2.2.3.3. In addition, every three-wheel moped must be equipped with a parking braking device acting on the wheel or wheels of at least one axle. The parking braking device, which may be one of the two devices specified in 2.2.3.1, must be independent of  the device acting on the other axle or axles.  2.2.4. Every tricycle must be equipped with:  2.2.4.1. a foot-controlled serviced braking device which operates on all wheels, and a secondary (emergency) braking device which may be the parking brake; and 2.2.4.2. a parking braking device acting on the wheels of at least one axle. The control of the parking device must be independent of the control of the service braking device.  2.2.5. The braking devices must act on brake surfacespermanently connected to the wheels either rigidly or through components unlikely to fail.  2.2.6. The component parts of all braking devices, where attached to the vehicle, must be so secured that the braking devices do not fail in their function under normal operating conditions.  2.2.7. The braking devices shall operate freely when correctly lubricated and adjusted.  2.2.7.1. Wear of the brakes must be capable of being easily taken up by means of either manual or automatic adjustment. The brakes shall be capable of being adjusted to an efficient operating position until the brake linings have worn to the point of  requiring replacement.  2.2.7.2. The control and the components of the transmission and of the brakes must possess a reserve of travel such that when the brakes become heated and the brake linings have reached maximum permitted degree of wear, effective braking is ensured  without immediate adjustment being necessary.  2.2.7.3. When correctly adjusted the components of the braking device must not, when operated, contact anything other than the intended parts.  2.2.8. In braking devices where the transmission is hydraulic, the receptables containing the reserve fluid must be so designed and constructed that the level of the reserve fluid can be easily checked.  This provision does not apply to mopeds with a maximum speed of 25 km/h or lower.  Appendix 1  Braking tests and performance of braking devices 1. BRAKING TESTS 1.1. General 1.1.1. The performance prescribed for braking devices is based on the stopping distance. The performance of a braking device is determined either by measuring the stopping distance in relation to the initial speed or by the response time of the device  and the mean fully-developed deceleration.  1.1.2. The stopping distance is the distance covered by the vehicle from the moment when the driver begins to actuate the control of the device until the moment when the vehicle stops. The initial speed is the speed at the moment when the driver begins  to actuate the control of the device. In the formula given below, for measurement of braking performance:  V= initial speed in kilometres per hour, and S= stopping distance, in metres.  1.1.3. For component type-approval, the braking performance must be measured during road tests conducted under the following conditions:  1.1.3.1. the vehicle's condition as regards its mass must be as prescribed for each type of test and must be specified in the test report;  1.1.3.2. the test must be carried out at the speed and in the manner prescribed for each type of test: if the maximum speed of the vehicle does not conform to the speed prescribed, the test must be carried out under the special alternative conditions  provided;  1.1.3.3. the prescribed performance must be obtained without locking of the wheel(s), without deviation of the vehicle from its course, and without any abnormal vibration;  1.1.3.4. during the tests the force applied to the brake control in order to obtain the prescribed performance must not exceed the maximum laid down for the test vehicle's category.  1.1.4. Test conditions 1.1.4.1. The service braking tests must be carried out under the following conditions:  1.1.4.1.1. at the start of the test or any series of tests the tyres must be cold and at the pressure prescribed for the load actually borne by the wheels when the vehicle is stationary;  1.1.4.1.2. the vehicle must be loaded, when required to be tested in the laden condition, with the load distributed in accordance with the manufacturer's prescription;  1.1.4.1.3. for all the type-0 tests the brakes must be cold: a brake is deemed to be cold when the temperature measured on the disc or on the outside of the drum is less than 100 °C;  1.1.4.1.4. the driver must shall be seated on the saddle as for normal driving and must maintain the same position throughout the test;  1.1.4.1.5. the test area must be level, dry and have a surface affording good adhesion;  1.1.4.1.6. the test must be performed when there is no wind liable to affect the test result.  1.2. Type-0 test (performance test with brakes cold) 1.2.1. General 1.2.1.1. The limits prescribed for service braking performance are as laid down for each category of vehicle.  1.2.2. Type-0 test with engine disconnected 1.2.2.1. The test must be carried out at the speed prescribed for the category to which the vehicle belongs, the figures prescribed in this connection being subject to a certain margin of tolerance.  In the case of vehicles where the two service brakes can be applied separately, the braking devices must be tested separately. The minimum performance for each braking device for each category of vehicle must be attained.  1.2.2.1.1. In the case of a vehicle with a manual gearbox or an automatic transmission where the gearbox can be disengaged manually, the tests must be carried out with the gearbox inoperative and/or the engine disconnected by clutch disengagement or  otherwise.  1.2.2.1.2. In the case of a vehicle with other types of automatic transmission, the tests must be carried out under the normal operating conditions.  1.2.3. Type-0 test with engine connected for motorcycles (with or without sidecar) and trycicles 1.2.3.1. Tests must be carried out in the unladen condition at various speeds, the lowest being equal to 30 % of the maximum speed of the vehicle and the highest being equal to 80 % of that speed or 160 km/h, whichever is the lower.  The maximum practical performance figures are measured and together with the behaviour of the vehicle must be recorded in the test report. In the case where two service braking devices can be applied separately, both devices must be tested together and  simultaneously, with the vehicle unladen.  1.2.4. Type-0 test with engine disconnected: with wet brakes 1.2.4.1. This test must (subject to the exemption contained in 1.3.1) be carried out on mopeds and motorcylces (but not tricycles). The test procedure is identical to that for the type-0 test with engine disconnected, except for the provisions for  wetting the brakes described in 1.3.  1.3. Special provisions relating to testing with wet brakes 1.3.1. Enclosed brakes: it is not necessary to carry out this series of type-0 tests on vehicles equipped with conventional drum brakes or with fully enclosed brakes which are not subject to water penetration under normal running conditions.  1.3.2. The test with brakes subject to wetting must be carried out under the same conditions as the test with dry brakes. There must be no adjustment or alteration of the braking device other than fitting the equipment to allow brake wetting.  1.3.3. The test equipment must continuously wet the brakes for each test run at a flow rate of 15 l/h for each brake. Two disc brakes on one wheel will be considered as two brakes.  1.3.4. For exposed or partly exposed disc brakes, the prescribed amount of water must be directed on to the rotating disc in such a manner that it is equally distributed on the surface or surfaces of the disc swept by the friction pad or pads.  1.3.4.1. For fully exposed disc brakes, the water must be directed on to the surface(s) of the disc 45° in advance of the friction pad(s).  1.3.4.2. For partly exposed disc brakes, the water must be directed on to the surface(s) of the disc 45° in advance of the shield or baffle.  1.3.4.3. The water must be directed on to the surface(s) of the disc(s) in a continuous jet, in a direction perpendicular to the surface of the disc, from single jet nozzles so positioned as to be between the inner extremity and a point two-thirds of  the distance from the outer extremity of that part of the disc swept by the friction pad(s) (see Figure 1).  1.3.5. For fully enclosed disc brakes, where the provisions of 1.3.1 do not apply, the water must be directed on to both sides of the shield or baffle at a point and in a manner corresponding with that described in 1.3.4.1 and 1.3.4.3. Where the nozzle  would be coincident with a ventilation or inspection port, the water must be applied one quarter of a revolution in advance of the said port.  1.3.6. Where in 1.3.3 and 1.3.4, it is not possible to apply the water in the position specified owing to the presence of some fixed part of the vehicle, the water must be applied at the first point, exceeding 45° where uninterrupted application is  possible.  1.3.7. For drum brakes, where the requirements of 1.3.1 do not apply, the prescribed amount of water must be distributed equally on either side of the braking device (that is, on the stationary back plate and the rotating drum) from nozzles so  positioned as to be two-thirds of the distance from the outer circumference of the rotating drum to the wheel hub.  1.3.8. Subject to the requirements of 1.3.7 and to the requirement that no nozzle shall be within 15° of or coincident with a ventilation or inspection port on the stationary back plate, the test equipment for drum brakes shall be so positioned as to  obtain the optimum uninterrupted application of water.  1.3.9. To ensure the correct wetting of the brake(s), the vehicle must be driven, immediately before the commencement of the test series:  - with the wetting equipment functioning continuously, as prescribed in this Appendix,  - at the prescribed test speed,  - without the operation of the braking device(s) to be tested,  - for a distance of no less than 500 m prior to the point at which the test is to be carried out.  1.3.10. For rim brakes, as fitted to some mopeds with a maximum speed of 25 km/h or lower, the water must be directed on to the wheel rim as shown in Figure 2.  Figure 1 Method of water application for disc brakes   Figure 2 Method of water application for rim brakes  1.4. Type-I test (fade test) 1.4.1. Special provisions 1.4.1.1. The service brakes of all motorcycles (with or without sidecar) and tricycles must be tested by a series of repeated stops, the vehicle being in the laden condition, in accordance with the requirements set out below. For vehicles equipped with  a combined braking system, it is sufficient to submit this service braking device to the type-I test.  1.4.1.2. The type-I test is carried out in three parts.  1.4.1.2.1. A single type-0 test as prescribed by 2.1.2 or 2.2.3.1.  1.4.1.2.2. A series of 10 repeated stops carried out in accordance with the requirements of point 1.4.2.  1.4.1.2.3. A single type-0 test, carried out as soon as possible after the completion of the test specified in 1.4.1.2.2 and in any case within one minute thereof, and performed under the same conditions as those used for the test in 1.4.1.2.1, in  particular at a control force as constant as possible with a mean value not exceeding the mean force actually used in that test.  1.4.2. Test conditions 1.4.2.1. The vehicle and the brake(s) to be tested must be substantially free from moisture and the brake(s) cold (& le; 100 °C).  1.4.2.2. The initial test speed is:  1.4.2.2.1. for testing the front brake(s), whichever is the lower of 70 % of the vehicle's maximum speed and 100 km/h;  1.4.2.2.2. for testing the rear brake(s), whichever is the lower of 70 % of the vehicle's maximum speed and 80 km/h;  1.4.2.2.3. for testing a combined braking system, whichever is the lower of 70 % of the vehicle's maximum speed and 100 km/h.  1.4.2.3. The distance between the initiation of one stop and the initiation of the next shall be 1 000 metres.  1.4.2.4. The use of the gearbox and/or clutch is as follows:  1.4.2.4.1. In the case of a vehicle with a manual gearbox or an automatic transmission where the gearbox can be disengaged manually, the highest gear, consistent with attaining the initial test speed, must be engaged during the stops.  When the vehicle speed has fallen to 50 % of the initial test speed, the engine must be disengaged.  1.4.2.4.2. In the case of a vehicle with a fully automatic transmission, the test must be carried out under the normal operating conditions for such equipment.  For the approach, the gear suitable to the initial test speed must be used.  1.4.2.5. After each stop, the vehicle must immediately be subjected to maximum acceleration to reach the initial test speed and maintained at that speed until the initiation of the next stop. If appropriate, the vehicle may be turned round on the test  track before acceleration.  1.4.2.6. The force applied to the control shall be so adjusted as to maintain a mean deceleration of 3 m/s2 or the maximum deceleration achievable with that brake, whichever is the lower, at the first stop: this force must remain constant throughout the  succeeding stops required by 1.4.1.2.2.  1.4.3. Residual performance 1.4.3.1. At the end of the type-I test the residual performance of the service braking device must be measured in the same conditions (and in particular at a control force as constant as possible with a mean value not exceeding the mean force actually  used) as for the type-0 test with the engine disconnected (the temperature conditions may be different).  1.4.3.2. This residual performance must not be:  1.4.3.2.1. if expressed as a deceleration, less than 60 % of the deceleration figure achieved during the type-0 test;  or 1.4.3.2.2. if expressed as a stopping distance, more than the stopping distance figure, calculated in accordance with the following formula;   where:  S1 = the stopping distance achieved in the type-0 test,  S2 = the stopping distance as recorded in the residual performance test,  a = 0,1,  V = the initial speed at the beginning of braking as defined in 2.1.1 or 2.2.2.  2. PERFORMANCE OF BRAKING DEVICES 2.1. Provisions relating to tests of vehicles with braking devices operating on the wheel or wheels of the front or rear axle only:  2.1.1. Test speed V = 40 km/h(1)  for mopeds.  Test speed V = 60 km/h(2)  for motorcycles (with or without sidecar) and tricycles.  2.1.2. Braking performance with the vehicle laden 2.1.2.1. For the purposes of the type-I residual performance test (motorcycles with or without sidecar), the recorded performance levels in terms of stopping distances, mean fully developed deceleration, as well as the control force used, are recorded.   2.1.2.2. Braking with the front brake only  /* Tables: see OJ */        /* Tables: see OJ */      2.1.3.1. A practical test of the vehicle driven by the driver alone is not required if a calculation shows that the distribution of the mass on the braked wheels allows a mean fully developed deceleration of at least 2,5 m/s2 or a stopping distance  to be achieved with each of the single axle braking devices.  2.2. Provisions relating to tests of vehicles of which (at least) one of the braking devices is a combined braking system 2.2.1. For the purposes of the type-I residual performances test on motorcycles (with or without sidecar) and tricycles, the recorded performance levels in terms of stopping distance, mean fully developed deceleration, as well as the control force used,  are recorded.  2.2.2. Test speed V = 40 km/h(3)  for mopeds.  Test speed V = 60 km/h(4)  for motorcycles (with or without sidecar and tricycles.  2.2.3. The vehicle is tested both unladen and laden.  2.2.3.1. Braking with the combined braking system only  /* Tables: see OJ */      The stopping distance is:   (corresponding mean fully developed deceleration 2,5 m/s2).  2.3. Braking performance with the parking braking device (if applicable) 2.3.1. The parking braking device must, even if it is combined with one of the other braking devices, be capable of holding the laden vehicle stationary on an 18 % up or down gradient.  2.4. Provisions relating to forces applied to brake controls 2.4.1. Forces applied to service brake controls hand control & le; 200 N foot control & le; 350 N (mopeds and motorcycles (with or without sidecar)) foot control & le; 500 N (tricycles).  2.4.2. Forces applied ot the parking brake control (if applicable) with manual control & le; 400 Nwith foot control & le; 500 N.  2.4.3. In the case of handbrake levers, the point of application of the manual force is assumed to be 50 mm from the outer end of the lever.  2.5. Performance levels (minimum and maximum) to be attained with wet brakes 2.5.1. The mean deceleration to be attained with wet brake(s) between 0,5 and 1,0 second after application of the brake must be at least 60 %(5)  of that attained with dry brake(s) during the same time period and with the same control force applied.  2.5.2. The control force used, which must be applied as quickly as possible, must be equivalent to that required to attain a mean deceleration of 2,5 m/s2 with dry brake(s).  2.5.3. At no time during the type-0 test with wet brake(s) may the deceleration exceed 120 % of that attained with dry brake(s).  Appendix 2  Requirements applicable to two-wheel mopeds, two-wheel motorcycles and tricycles equipped with anti-lock devices 1. GENERAL 1.1. The purpose of these provisions is to define the minimum performances for braking systems with anti-lock devices fitted to two-wheel mopeds, two-wheel motorcycles and tricycles. This does not make it compulsory to fit vehicles with an anti-lock  device but if such devices are fitted to a vehicle they must meet the requirements below.  1.2. The devices known at present comprise a sensor or sensors, a controller or controllers and a modulator or modulators. Any devices of a different design will be deemed to be anti-lock devices within the meaning of this Appendix if they provide  performances at least equal to those prescribed by this Appendix.  2. DEFINITIONS For the purposes of this Appendix:  2.1. Anti-lock device means a component of a service braking system which automatically controls the degree of slip, in the direction of rotation of the wheel(s) on one or more wheels of the vehicle during braking.  2.2. Sensor means a component designed to identify and transmit to the controller the conditions of rotation of the wheel(s) or the dynamic conditions of the vehicle.  2.3. Controller means a component designed to evaluate the data transmitted by the sensor(s) and to transmit a signal to the modulator.  2.4. Modulator means a component designed to vary the braking force(s) in accordance with the signal received from the controller.  3. NATURE AND CHARACTERISTICS OF THE SYSTEM 3.1. Each controlled wheel must be such that it can bring at least its own device into operation.  3.2. Any break in the supply of electricity to the device and/or in the wiring external to the electronic controller(s) must be signalled to the driver by an optical warning signal, which must be visible even in daylight; it must be easy for the driver  to check that it is in working order(6) .  3.3. In the event of a failure in an anti-lock device, the braking efficiency of the laden vehicle must not be less than that prescribed for whichever is the lower of the two requirements for the vehicle defined in 2.1.2.2 or 2.1.2.3 of Appendix 1.  3.4. The operation of the device must not be affected adversely by electro-magnetic fields(7) .  3.5. Anti-lock devices must maintain their performance when the brake is fully applied for the duration of any stop.  4. UTILIZATION OF ADHESION 4.1. General 4.1.1. In the case of two-wheel motorcycles and tricycles, braking systems equipped with an anti-lock device are deemed acceptable when the condition e is satisfied where e represents the adhesion utilized as defined in the addendum to this Appendix(8) .  4.1.2. The coefficient of adhesion utilization e must be measured on road surfaces with a coefficient of adhesion not exceeding 0,45 and of not less than 0,8.  4.1.3. Tests must be carried out with the vehicle unladen.  4.1.4. The test procedure to determine the coefficient of adhesion (K) and the formula for calculating the adhesion utilization (e) are as prescribed in the addendum to this Appendix.  5. ADDITIONAL CHECKS 5.1. The following additional checks must be carried out with the vehicle unladen.  5.1.1. Any wheel controlled by an anti-lock device must not lock when the full force(9)  is suddenly applied to its control device, on the two kinds, of road surface specified in 4.1.2 at initial speeds of up to 0,8 Vmax but not exceeding 80 km/h(10) .   5.1.2. Where a wheel controlled by an anti-lock device passes from a high-adhesion surface or a low-adhesion surface as described in 4.1.2 with the full force(11)  applied to the control device, the wheel must not lock. The running speed and the instant  of applying the brakes must be so calculated that, with the anti-lock device fully cycling on the high-adhesion surface, the passage from one surface to the other is made at about 0,5 Vmax not exceeding 50 km/h.  5.1.3. Where a vehicle passes from a low-adhesion surface to a high-adhesion surface as described in 4.1.2 with the full force(12)  applied to the control device, the deceleration of the vehicle must rise to the appropriate high value within a  reasonable time and the vehicle must not deviate from its initial course. The running speed and the instant of applying the brakes must be so calculated that, with the anti-lock device fully cycling on the low-adhesion surface, the passage from one  surface to the other occurs at about 0,5 Vmax not exceeding 50 km/h.  5.1.4. Where both independent braking devices are equipped with an anti-lock device the tests prescribed in 5.1.1, 5.1.2 and 5.1.3 must also be performed using both independent braking devices together, the stability of the vehicle being maintained at  all times.  5.1.5. However, in the tests provided for in 5.1.1, 5.1.2, 5.1.3 and 5.1.4, periods of wheel locking or of extreme wheel slip are allowed provided that the stability of the vehicle is not adversely affected. Below vehicle speeds of 10 km/h wheel locking  is permitted.  e Addendum  1. DETERMINATION OF THE COEFFICIENT OF ADHESION (K) 1.1. The coefficient of adhesion is determined from the maximum braking rate, without wheel lock, of the vehicle with the anti-lock device(s) disconnected and braking all wheels simultaneously(13) .  1.2. The braking tests are carried out by applying the brakes at an initial speed of 60 km/h (or, in the case of vehicles which are unable to reach 60 km/h, a speed of roughly 0,9 Vmax), the vehicle being unladen (apart from the test instruments and/or  the necessary safety equipment). The effort exerted on the brake control must be constant throughout the tests.  1.3. A series of tests may be carried out up to the critical point reached immediately before the wheel(s) lock by varying both the front and the rear brake forces, in order to determine the maximum braking rate of the vehicle(14) .  1.4. The braking rate (Z) shall be determined by reference to the time taken for the speed of the vehicle to reduce from 40 km/h to 20 km/h, using the formula  where t is measured in seconds.  Alternatively, for vehicles unable to attain 50 km/h, the braking rate is determined by reference to the time taken for the speed of the vehicle to reduce from 0,8 Vmax to 0,8 Vmax - 20 where Vmax is measured in km/h.  The maximum value of Z = K.  2. DETERMINATION OF THE ADHESION UTILIZATION (e).  2.1. The adhesion utilized is defined as the quotient of the maximum braking rate with the anti-lock device in operation (Zmax) and the maximum braking rate with the anti-lock disconnected (Zm). Separate tests must be carried out on each wheel equipped  with an anti-lock device.  2.2. Zmax is calculated on the on the basis of the average of the three tests, using the time taken for the speed of the vehicle to achieve the reductions in speed specified in 1.4.  2.3. The adhesion utilized is given by the formula e Appendix 3  Information sheet in respect of the braking of a type of two or three-wheel motor vehicle (To be attached to the component type-approval application where this is submitted separately from the vehicle type-approval application) Reference number (allocated by the applicant): .  The application for component type-approval in respect of the braking of a type of two- or three-wheel motor vehicle must be accompanied by the information set out in Annex II to Directive 92/61/EEC, under A, in the following sections:  0.1,  0.2,  0.4 to 0.6,  2.1 to 2.2.1,  3.0 to 3.1.1,  5.2,  5.2.2,  7.1 to 7.4.  Appendix 4  Name of Administration Approval certificate in respect of the braking of a type of two- or three-wheel motor vehicle MODEL Report No ....................... issued by testing body ...................... on . (date)  Approval No: ..................... Extension No: .   1. Trade mark or name of vehicle: .  2. Type of vehicle: .  3. Name and address of manufacturer: .  4. Name and address of manufacturer's authorized representative (if any): .  5. Date vehicle submitted for test: .  6. Approval has been granted/refused(15) .  7. Place: .  8. Date: .  9. Signature: .         (1) Vehicles the maximum speed (Vmax) of which is lower than 45 km/h in the case of mopeds, or 67 km/h in the case of motorcycles (with or without sidecar) and tricycles are tested at a speed equal to 0,9 Vmax.  (2) Vehicles the maximum speed (Vmax) of which is lower than 45 km/h in the case of mopeds, or 67 km/h in the case of motorcycles (with or without sidecar) must be tested at a speed equal to 0,9 Vmax.  (3) For mopeds with a maximum speed of 25 km/h or lawer this value is 40 %.  (4) The technical service should examine the electronic controller and/or any drive system with regard to possible failure modes.  (5)() Until uniform test procedures have been agreed, the manufacturers must provide the technical services with their test procedures and results.  (6) For two-wheel mopeds, until a minimum value for  has been established, the measured value must be recorded in the test report.  (7) Full force means the maximum force prescribed in Section 2.4, Appendix 1 for the category of vehicle: a higher force may be used if required to actuate the anti-lock device.  (8) On low adhesion surfaces (& le; 0,35) the initial speed may be reduced for safety reasons: in such cases, the K value and the initial speed must be noted in the test report.  (9) Additional requirements may have to be established in the case of vehicles equipped with combined braking systems.  (10) As an initial step, to facilitate these preliminary tests, the maximum control force applied before the critical point may be obtained for each individual wheel.  (11) Delete as appropriate.