31.7.1999 Official Journal of the European Communities L 201/77 DIRECTIVE 1999/42/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 40 and 47(1), the first and third sentences of Article 47(2), and Article 55 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion delivered by the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (}) and in the light of the joint text adopted on 22 April 1999, (1) Whereas, under the Treaty, all discriminatory treatment on grounds of nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period; whereas, therefore, certain provisions of the Directives applying in this area have become redundant for the purposes of applying the rule of national treatment, since that rule is enshrined in the Treaty itself and has direct effect; () Whereas, however, certain of the Directives' provisions designed to facilitate the effective exercise of the right of establishment and freedom to provide services should be retained, particularly where they usefully prescribe how obligations under the Treaty are to be discharged; (3)  Whereas, in order to facilitate the exercise of freedom of establishment and freedom to provide services in respect of a number of activities, Directives introducing trans- itional measures have been adopted pending mutual recognition of qualifications; whereas those Directives accept the fact that the activity in question has been pursued for a reasonable and sufficiently recent period of time in the Member State from which the national comes as a sufficient qualification for taking up the activities in question in Member States which have rules governing the taking up of such activities; (4)  Whereas the main provisions of the said Directives should be replaced in line with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992 regarding subsidiarity, simplification of () O] C 115, 19.4.1996, p. 16 and O] C 264, 30.8.1997, p. 5. () O] C 295, 7.10.1996, p. 43. (*) Opinion of the European Parliament of 20 February 1997 (O] C 85, 17.3.1997, p. 114), Common Position of the Council of 29 June 1998 (O] C 262, 19.8.1998, p. 12), Decision of the European Parliament of 8 October 1998 (O] C 328, 26.10.1998, p. 156). Decision of the European Parliament of 7 May 1999 and Council Decision of 11 May 1999. Community legislation and, in particular, the reconsi- deration by the Commission of the relatively old direct- ives dealing with professional qualifications; whereas the Directives in question should therefore be repealed; (5)  Whereas Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher- education diplomas awarded on completion of profes- sional education and training of at least three years' duration (%) and 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 (°) do not apply to certain profes- sional activities covered by the Directives applying to this subject-matter (Part One of Annex A to this Directive); whereas recognition machinery in respect of qualifications should, therefore, be introduced for those professional activities not covered by Directives 89/ 48[EEC and 92/51/EEC; whereas the professional activi- ties listed in Part Two of Annex A to this Directive fall for the most part within the scope of Directive 92/ 51/EEC as far as the recognition of diplomas is concerned; (6)  Whereas a proposal has been transmitted to the Council with a view to amending Directives 89/48/EEC and 92/ 51/EEC in respect of the proof of financial standing and the proof of an insurance against financial risks that a host Member State may require of the beneficiary; whereas the Council intends to deal with this proposal at a later stage; (7)  Whereas a proposal has been transmitted to the Council with a view to facilitating the free movement of special- ised nurses who do not have any of the qualifications listed in Article 3 of Directive 77/452[EEC (°); whereas the Council intends to deal with this proposal at a later stage; (8)  Whereas this Directive should require regular reports to be drawn up on its implementation; (99 Whereas this Directive without prejudice to the applica- tion of Articles 39(4) and 45 of the Treaty, () O] L 19, 24.1.1989, p. 16. () OJ L 209, 24.7.1992, p. 25. Directive as last amended by Commis- sion Directive 97/38/EC (O] L 184, 12.7.1997, p. 31). (®) Council Directive 77[452[EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of this right of establishment and freedom to provide services (O] L 176, 15.7.1977, p. 1). Directive as last amended by Directive 90/658/EC (O L 353, 17.12.1990, p. 73).