Amended proposal for a European Parliament and Council Directive establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization and transitional measures and supplementing the general systems for the recognition of qualifications
«JUMiiHAw* COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 15. 07. 1997 COM(97) 363 final 96/0031 (COD) Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization and transitional measures and supplementing the general systems for the recognition of qualifications (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) Explanatory memorandum I. General considerations On 20 February 1997 the European Parliament delivered its opinion (first reading under the Co-Decision procedure) on the proposal for a Directive establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization and transitional measures and supplementing the general system for the recognition of qualifications. The Commission has accepted all of the Parliament's amendments. II. Examination of the amendments The main amendments concern the procedures for modifying (amendments 1 and 9) and implementing (amendment 11) the Directive. As to the former, the proposed committee procedure (Article 9) is confined to the lists of professional activities ; the periods of professional experience should be brought under the co-decision procedure according to the amendments. As to the latter, the Commission is asked to present a Report to the Council and to Parliament five years after the deadline for implementation (new Article 13a). Other amendments provide clarification on the compensation measures for the recognition of qualifications (amendment 3 concerning Article 3), the definition of manager of an undertaking (amendment 7 concerning Article 5), the content of the certificate of experience (amendment 8 concerning Article 6), the role of the Coordinators' Group (amendment 10 concerning Article 10) and the content of the Annexes (amendment 2 concerning the sixth recital 6). The remaining amendments (amendments 4 to 6) are designed to introduce greater consistency between some of the language versions of a certain number of the 35 directives affected by the proposal for a Directive. III. Conclusions The amended proposal for a Directive takes account of the concerns expressed by the European Parliament and, to the utmost, of the observations made by the Economic and Social Committee and by the professions that took part in the consultations held before the initial proposal was presented. Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization 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 49 and 57(1), the first and third sentences of Article 57(2), and Article 66 thereof, Having regard to the proposal from the Commission1, Having regard to the opinion delivered by the Economic and Social Committee2, Acting in accordance with the procedure laid down in Article 189b of the Treaty3, ORIGINAL PROPOSAL AMENDED PROPOSAL (unchanged unless mentioned^below) based treatment to the Treaty, all (1) Whereas, pursuant on discriminatory nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period; whereas, therefore, certain provisions of this subject the Directives applying to have become redundant as regards the implementation of the rule of national treatment, since this rule is established, with direct effect, by the Treaty itself; (2) Whereas, however, certain of exercise of the Directives' provisions that facilitate the right of effective establishment and the freedom to provide services should be retained, particularly where lay down how obligations under the Treaty are to be discharged; they usefully the (3) Whereas, in order to facilitate the exercise of the freedom of establishment and the freedom to provide services in respect of a Directives number activities, of OJNoC 115 of 19. 4. 1996. OJ No C 295 of 7. 10. 1996, p. 43. Opinion of the European Parliament of 20 February 1997, OJ n° C, Common position of the Council of 1997 (not yet published in the Official Journal), Decision of the European Parliament of. (not yet published in the Official Journal). as whereas qualifications; allow, introducing transitional measures have been adopted pending mutual recognition those of Directives sufficient qualification for taking up the activities in question in Member States which have rules governing the taking-up of such activities, the fact that the activity in question has been pursued a reasonable and sufficiently recent period of time, in the Member State from where the foreign national comes; for regarding (4) Whereas the main provisions of the said Directives should be replaced in line with the conclusions of the European Council in Edinburgh on 11 and 12 December 1992, the simplification of Community legislation and, in particular, the reconsideration by the Commission of the relatively old directives dealing with professional qualifications; whereas the directives in question should therefore be repealed; subsidiarity, (5) Wliereas appropriate procedures need to be introduced for updating the categories of professional experience and the lists of professional activities those categories refer; to which (5) Wliereas appropriate procedures need to be introduced for updating the lists of professional activities; three years' duration (6) 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 professional education and training of at least and Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and supplement Directive training to 89/48/EEC3, by Commission Directive 95/43/EC , do not apply to certain professional activities covered by the Directives applying to this subject-matter; 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; amended whereas last as as three years' duration (6) Wliereas 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 and Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and supplement Directive to training 89/48/EEC5, by Commission Directive 95/43/EC6, do not apply to certain professional 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 activities listed in Part Two of Annex A to this Directive fall for the most part within the scope of the Directive 92/51/EEC amended where last OJNoL 19, 24. 1. 1989, p. 16. OJNoL209, 24. 7. 1992, p. 25. OJNoL 184, 3. 8. 1995, p. 21 recognition of diplomas is concerned (7) Whereas Member States should also be required, under the general system, to recognize certificates of sound financial in other issued by banks standing of and Member States financial insurance against consequences of professional liability issued by insurance undertakings in other Member States; certificates the (8) Whereas Directives 89/48/EEC in Article 3 and 92/51/EEC should be amended in order to facilitate the free movement of nurses, who do not hold any of the qualifications listed of 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 effective facilitate exercise of the right of establishment and freedom to provide services , as last amended by the Act of Accession of Austria, Finland and Sweden; the to (9) Whereas this Directive should require regular reports to be drawn up on its implementation; (10) Wliereas this Directive should be without of prejudice application Articles 48(4) and 55 of the Treaty, the to OJNoL 176, 15. 7. 1977, p. 1. HAVE ADOPTED THIS DIRECTIVE: TITLE I Scope Article 1 1. Member States shall adopt the measures defined in this Directive in respect of establishment or provision of services in their territories by natural persons and companies or firms covered by Title I of (hereinafter the General Programmes called "beneficiaries") and wishing to pursue the activities listed in Annex A. 2. This Directive shall apply to nationals of Member States who wish to pursue in the host Member State, in a self-employed or employed capacity, the activities listed in. Annex A. Article 2 subject to possession of Member States in which the taking-up or pursuit of any activity referred to in Annex A is certain qualifications shall ensure that any applicant beneficiary is provided, before he establishes' himself or before he begins to pursue any activity on a temporary basis, with information as to the rules governing the occupation which he proposes to pursue. OJ No 2, 15. 1. 1962, pp. 32/62 and 36/62. in activity national prejudice elsewhere to Article 4, rules. Where Without a Member State may not, on the grounds of inadequate qualifications, refuse to permit a national of another Member State to take up or pursue any of the activities listed in Part One of Annex A on the same conditions as apply to its own nationals, without having first compared the skills certified by the qualifications obtained by the applicant with a view to pursuing the same the Community with those required under its own the comparative examination shows that the knowledge and skills certified by a awarded qualification another those correspond Member State required by the national rules, the host Member State cannot refuse the holder the right to pursue the activity in question. comparative Where, examination partial correspondence, the host Member State shall give the applicant the opportunity to demonstrate that he has acquired the knowledge and skills which were lacking especially by attending an adaptation period or taking an aptitude test by analogy with Directives 89/48/EEC and 92/51/EEC. however, shows only the by to TITLE II Additional measure on the recognition of qualifications Article 3. Without in activity prejudice elsewhere to Article 4, a Member State may not, on the grounds of inadequate qualifications, refuse to permit a national of another Member State to take up or pursue any of the activities listed in Part One of Annex A on the same conditions as apply to its own nationals, without having first compared the skills certified by the qualifications obtained by the applicant with a view to pursuing the same the Community with those required under its the own comparative examination shows that the knowledge and skills certified by a awarded qualification another those correspond Member State required by the national rules, the host Member State cannot refuse the holder the right to pursue the activity in question. comparative Where, examination partial shows correspondence, the host Member State shall give the applicant the opportunity to demonstrate that he has acquired the knowledge and skills which were lacking. rules. Where however, national only the by to in the authority Applications for recognition within the meaning of paragraph 1 shall be examined within the shortest possible time, and the competent host Member State shall state its reasons when giving a decision, which shall be taken no later than four months from the date on which the application and comprehensive supporting were submitted. There shall be a right to appeal under national law against a decision, or against the absence of such decision. documentation TITLE III Recognition of professional, qualifications on the basis of professional experience acquired in another Member State Article 4 Where, in a Member State, the taking-up or pursuit of any activity listed in Annex A is subject to possession of general, commercial or professional knowledge and ability, that Member State sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State. This must be done where the activity is mentioned in Annex A: shall accept as 1. In the case of the activities in List I: (a) six- consecutive years in either a a managerial or self-employed capacity; or (a) six consecutive years in either a self-employed or as manager of an undertaking; or (b) three in for that years consecutive the activity a self-employed or as manager of an undertaking, where the beneficiary proves in question he has received at least three years" previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or (b) three that years consecutive or the the activity a in managerial self-employed beneficiary capacity, where proves in for question he has received at least' three years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or (c) three in years consecutive a self-employed capacity, where the that he has beneficiary proves pursued the activity in question for at least five years in an employed capacity; or (d) in years five consecutive a managerial capacity of which at least three years were spent in technical posts with responsibility for one or more departments of the undertaking, where the beneficiary proves that for the activity in question he has received at least three years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body its requirements. satisfying fully as In the cases referred to at (a) and (c), pursuit of the activity shall not have ceased more than ten years before the date on which the application under Article 6 is made. 2. In the case of the activities in List II: (a) six consecutive years a self-employed capacity; or or in either a managerial (a) six consecutive years in either a self-employed or as manager of an undertaking; or (b) three in for that years consecutive the activity a self-employed or as manager of an undertaking , where the beneficiary proves in question he has received at least three years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or in for that years consecutive the activity four a self-employed or as manager of an undertaking , where the beneficiary proves in question he has received at least two years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or (c) three in years consecutive a self-employed or as manager of an undertaking , where the beneficiary proves the activity in question for at least five years in an employed capacity; or that he has pursued (b) (c) (d) in that years consecutive a three or " managerial self-employed beneficiary the capacity, where proves in the activity for question he has received at least three years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or that years consecutive four a in self-employed or managerial capacity, where the bénéficiai/ in for proves the activity question he has received at least two years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or years consecutive a in three managerial self-employed beneficiary capacity, where proves the activity in question for at least five years in an employed capacity; or that he has pursued or the that years consecutive in capacity, where for an five the employed beneficiary proves the activity in question he has received at least three years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or that the the activity six consecutive years in an employed beneficiary capacity, where proves in for question he has received at least two years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements. In the cases referred to at (a) and (c), pursuit of the activity shall not have ceased more than ten years before the application date on which provided for in Article 6 is made. the 3. In the case of the activities in List III: (a) six consecutive years in either a a managerial or self-employed capacity; or (a) six consecutive years in either a self-employed or as a manager of an undertaking; or (b) three that years consecutive or the the activity a in managerial self-employed beneficiary capacity, where in for proves question he has received at least three years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or (b) three in for that years consecutive the activity a self-employed or as a manager of an undertaking , where the beneficiary in proves question he has received at least three years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or (c) three in years consecutive a self-employed capacity, where the beneficiary proves that he has pursued the activity in question for at least five years in an employed capacity. In the cases referred to at (a) and (c), pursuit of the activity shall not have ceased more than ten years before the date on which application provided for in Article 6 is made. the 4. In the case of the activities in List IV: (a) five consecutive years in either a managerial or self-employed capacity; or (a) five consecutive years in either a self-employed or as manager of an undertaking; or (b) two that years consecutive a in or managerial self-employed the beneficiary capacity, where proves in the activity for question he has received at least three years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or (c) three that years consecutive or the the activity a in managerial self-employed beneficiary capacity, where proves in for question he has received at least two years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its (b) two in for that years consecutive the activity a self-employed or as manager of an undertaking , where the beneficiary proves in question he has received at least three years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements; or (c) three in that years consecutive a self-employed or as manager of an undertaking , where the beneficiary proves in question he has received at least two years' previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its the activity for 10 requirements; or requirements; or (d) two years consecutive a in self-employed managerial capacity, where beneficiary the proves activity in question for at least three years in an employed capacity; or that he has pursued or the (e) three that consecutive years in capacity, where for an the employed beneficiary proves the activity in question he has received at least two years' previous training attested by a certificate recognized by. , the State or regarded by a competent professional or trade body as fully satisfying its requirements. 5. In the case of the activities in List V: (a) three years in a self-employed or managerial capacity, provided that pursuit of the activity in question did not cease more than two years before the date on which the application provided for in Article 6 is made, unless the host Member State permits its nationals to interrupt their pursuit of that activity for a longer period; or (b) three years in a self-employed or managerial capacity, provided that pursuit of the activity in question did not cease more than two years before the date on which the application provided for in Article 6 is made. 6. In the case of the activities in List VI: (a) three consecutive years in either a a managerial or self-employed capacity; or (b) two that years consecutive or the the activity a in managerial self-employed beneficiary capacity, where proves in for question he has received previous training attested by a certificate recognized by the State or regarded by a competent professional or trade its body requirements; or satisfying fully a. s (c) two consecutive years self-employed capacity, where or the a in managerial beneficiary (d) two in years consecutive a self-employed or as manager of an undertaking , where the beneficiary the proves activity in question for at least three years in an employed capacity; or that he has pursued (a) three years in a self-employed or as manager of an undertaking , provided that pursuit of the activity in question did not cease more than two years before the date on which the application provided for in Article 6 is made, host unless Member State permits its nationals to interrupt their pursuit of that activity for a longer period; or the (b) three years in a self-employed or as manager of an undertaking , provided that pursuit of the activity in question did not cease more than two years before the date on which the application provided for in Article 6 is made. (a) tliree consecutive years in either a self-employed or as manager of an undertaking ; or (b) two in for that years consecutive the activity a self-employed or as manager of an undertaking , where the beneficiary proves in question he has received previous training attested by a certificate recognized by the State or regarded by a competent professional or trade its body requirements; or satisfying fully as (c) two years consecutive a self-employed or as manager of an undertaking , where the beneficiary // in that he has pursued proves the activity in question for at least three years in an employed capacity; or that he has pursued proves the activity in question for at least three years in an employed capacity; or (d) three that consecutive years in capacity, where for an the employed the beneficiary proves activity in question he has received previous training attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements. In the cases referred to at (a) and (c), pursuit of the activity shall not have ceased more than ten years before the date on which application provided for in Article 6 is made. the Article 5 A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Article 4 if he has pursued such an activity industrial or commercial enterprise in the occupational field in question: in an A person shall be regarded as having pursued an activity as manager of an undertaking within the meaning of. Article 4 if he has pursued such an activity in an undertaking in the occupational field in question: (a) as manager of an undertaking or manager of a branch of an undertaking; or (b) as deputy to the proprietor or to the manager of an undertaking where such post involves responsibility equivalent to that of the proprietor or manager represented; or (c) in a managerial post with duties of a commercial nature and with responsibility the for at undertaking. least one department of Article 6 that laid down the conditions Proof in Article 4 are satisfied shall be established by a certificate issued by the competent authority or body in the home Member State or in the Member State from where the applicant comes and which the applicant shall submit in support of his application for authorization to pursue the activity or activities in question in the host Member State. that laid down the activity the conditions Proof in Article 4 are satisfied shall be established by a certificate concerning the nature and duration of the competent issued by authority or body in the home Member State or in the Member State from where the applicant comes and which the applicant shall submit in support of his application for the activity or authorization activities in question in the host Member State. to pursue 12 TITLE IV Recognition of other professional qualifications obtained in another Member State Article 7 it 1. Where a host Member State requires its own nationals wishing to take up any to in Article 1(2) to activity referred furnish proof of good character and proof that they have not previously been declared bankrupt, or proof of either of sufficient. , shall accept as these, evidence, in respect of nationals of the other Member States, the production of an extract from the "judicial record" or, failing this, of an equivalent document judicial or issued by a competent administrative authority the home Member State or in the Member State from where the applicant comes showing that these requirements have been met. in 2. Wliere a host Member State imposes on its own nationals wishing to take up any activity referred to in Article 1(2) certain requirements as to good character and requires them to prove that they have not previously been declared bankrupt and have not previously been the subject of professional or administrative disciplinary measures (for example, withdrawal of the right to hold certain offices, suspension from practice or striking-off), but proof cannot be obtained from the document referred to in paragraph 1, it shall accept as sufficient evidence in respect of nationals of other Member States a certificate issued by a competent judicial or administrative authority in the home Member State or in the Member State from where the applicant comes attesting that the requirements have been met. Such certificate shall relate to the specific facts regarded as relevant by the host Member State. 3. Where the home Member State or the Member State from where the applicant conies does not issue the documents referred to in paragraphs 1 and 2, such replaced by a documents shall be those declaration on oath in - or, Member States where is no provision for such declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or or, where authority administrative there 13 a in notary appropriate, that Member State; such authority or notary shall the issue a certificate attesting authenticity of the declaration on oath or solemn declaration. The declaration of no previous bankruptcy may also be made before a competent professional or trade body in that Member State. Where the host Member State requires proof of financial standing, it shall regard certificates issued by banks in the home Member State or in the Member State the applicant comes as from where equivalent to those issued in its own territory. Where a Member State requires its own nationals wishing to take up or pursue any activity referred to in Article 1(2) to furnish proof that they are insured against their the financial risks arising from it shall accept professional liability, certificates insurance issued by 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 the host Member State regarding the terms and extent of cover. in force the The documents referred to in paragraphs 1, 2, 3 and 5 may not be produced more than three months after their date of issue. 14 TITLE V Supplement to the general system for the recognition of diplomas Article 8 1. Directive 89/48/EEC is amended as follows: (a) the following paragraph is added to Article 2: in the Article 3 "Notwithstanding preceding paragraph, where a nurse who does not hold one of the qualifications of listed Directive 77/452/EECr) wishes to pursue in another Member State the activities of a nurse responsible for general care as defined in Article 1 of Directive 77/452/EEC, the provisions of this Directive shall apply. ÎT OJNoL 176, 15. 7. 1977, p. 1. " (b) the following paragraphs 5 and 6 are added to Article 6: "5. Where of the proof financial standing is required in order to take up or pursue a regulated host profession in that Member State, Member State 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. shall the insured against 6. Where the competent authority host Member State of requires of its own nationals wishing to take up or pursue a regulated profession proof that they are the financial risks arising from their that professional Member State accept certificates issued by insurance other undertakings 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. liability, shall of 15 They may not be produced more than three months after their date of issue. " 2. Directive 92/51/EEC follows: is amended as (a) the following paragraph is inserted into Article 2: in the Article 3 "Notwithstanding preceding paragraph, where a nurse who does not hold one of the qualifications listed of Directive 77/452/EECr) wishes to pursue in another Member State the activities of a nurse responsible for general care as defined in Article 1 of Directive 77/452/EEC, the provisions of this Directive shall apply. rr OJNoL 176, 15. 7. 1977, p. 1. (b) the following paragraphs 5 and 6 are added to Article 10: "5. Where of proof 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 conies as equivalent to those issued in its own territory. the insured against liability, shall 6. Wliere the competent authority of host Member State requires of its own nationals wishing to take up or pursue a regulated profession proof that the they are financial risks arising from their that professional Member State accept certificates issued by insurance undertakings 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 tenus and extent of cover. They may not be produced more than three months after their date of issue. " of 16 TITLE VI Procedural provisions Article 9 The provisions of Article 4 and the lists shown in Annex A may be amended in accordance with the procedure set out in Article 10. The lists shown in Annex A may be amended in accordance with the procedure set out in Article 10. Article 10 The Commission shall be assisted by the committee set up pursuant to Article 15(3) of Directive of composed the Member States and representatives of chaired the representative by Commission. 92/51/EEC, of a The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the is case of decisions which required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. the Council The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the the In Council Commission shall defer application of the measures which it has decided for a period to be laid down in each act adopted by the Council, but which may in no case exceed tliree months from the date of communication. forthwith. event, that The Council, acting by a qualified majority, may take a different decision within the time- limit referred to in the third paragraph. Article 11 stipulated in Article 14, 1. Member States shall designate, within the period the authorities and bodies responsible for issuing to in the certificates referred Articles 6 and 7(1), (2) and (3) and shall communicate this information forthwith to the other Member States and to the Commission. 17 2. The coordinating group set up under Article 9(2) of Directive 89/48/EEC shall also be responsible for: facilitating the implementation of this Directive; collecting all useful information for its application in the Member States. collecting all useful information for its application in the Member States and especially for gathering and comparing the information different professional qualifications in the areas of activity falling within the scope of this Directive. on 18 TITLE VII Final provisions Article 12 1. The Directives listed in Annex B are hereby repealed. 2. References to the repealed Directives shall be construed as references to this Directive. Article 13 As from 1 January 1999, Member States shall communicate to the Commission every two years a report on the application of the system introduced. In addition to general remarks, this report shall contain a statistical summary of the decisions taken and a description of the main problems arising from the application of this Directive. Article 13a Not later than five years after the date referred to in Article 14 the Commission shall report to the European Parliament and the Council on the state of application of this Directive in the Member States. After undertaking all the necessary hearings, the Commission shall submit its conclusions regarding any changes the existing arrangement. If necessary, the Commission shall also submit proposals for improving the existing arrangements with the aim of facilitating freedom of movement, the right of free movement of the establishment and services. to Article 14 regulations 1. Member States shall bring into force the laws, administrative provisions necessary to comply with this Directive before 1 January 1999. They shall immediately inform the Commission thereof. and adopt these When Member States provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such shall be adopted by reference Member States. 2 Member States shall communicate to the 19 the text of Commission the main provisions of national law which they this in adopt Directive. the field covered by Article 15 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. Article 16 This Directive is addressed to the Member States. Done at Brussels, For the European Parliament For the Council The President The President 20 ANNEX A PART ONE Activities related to categories of professional experience List I (Major Groups covered by Directives: 64/427/EEC, as amended by Directive 69/77/EEC; 68/366/EEC, 75/368/EEC, 75/369/EEC) 1 Directive 64/427/EEC (corresponding liberalization Directive: 64/429/EEC) NICE Nomenclature (corresponding to ISIC Major Groups 23-40) Group Major Group 23 Manufacture of textiles 232 Manufacturing and processing of textile materials on woollen machinery 233 Manufacturing and processing of textile materials on cotton machinery 234 Manufacturing and processing of textile materials on silk machinery 235 Manufacturing and processing of textile materials on flax and hemp machinery 236 % Other textile fibre industries (jute, hard fibres, etc. ) cordage 237 Manufacture of knitted and crocheted goods 238 Textile finishing 239 Other textile industries Major Group 24 Manufacture of footwear, other wearing apparel and bedding 241 Machine manufacture of footwear (except from rubber or wood) 242 Manufacture by hand and repair of footwear 243 Manufacture of wearing apparel (except furs) 244 Manufacture of mattresses and bedding 245 Skin and fur industries Major Group 25 Manufacture of wood and cork, except manufacture of furniture 251 Sawing and industrial preparation of wood 252 Manufacture of semi-finished wood products 253 Series production of wooden building components including flooring 254 Manufacture of wooden containers 255 Manufacture of other wooden products (except furniture) 259 Manufacture of straw, cork, basketware, wicker-work and rattan products; brush-making Major Group 26 260 Manufacture of wooden furniture Major Group 27 Manufacture of paper and paper products 271 Manufacture of pulp, paper and paperboard 272 Processing of paper and paperboard, and manufacture of articles of pulp Major Group 28 280 Printing, publishing and allied industries Major Group 29 Leather industry 291 Tanneries and leather finishing plants 292 Manufacture of leather products 21 ex Major Group 30 Manufacture of rubber and plastic products, man-made fibres and starch products 3 01 Processing of rubber and asbestos 302 Processing of plastic materials 3 03 Production of man-made fibres ex Major Group 31 Chemical industry 311 Manufacture of chemical base materials and further processing of such materials 312 Specialized manufacture of chemical products principally for industrial and agricultural purposes (including the manufacture for industrial use of fats and oils of vegetable or animal origin falling within ISIC Group 312) 313 Specialized manufacture of chemical products principally for domestic trie manufacture of medicinal and (excluding or office use pharmaceutical products (ISIC ex Group 319) Major Group 32 320 Petroleum industry Major Group 33 Manufacture of non-metallic mineral products Major Group 34 331 Manufacture of structural clay products 332 Manufacture of glass and glass products 333 Manufacture of ceramic products, including refractory goods 334 Manufacture of cement, lime and plaster 335 Manufacture of structural materials, in concrete, cement and plaster 339 Stone working and manufacture of other non-metallic mineral products Production and primary transformation. of ferrous and non-ferrous metals Iron and steel industry (as defined in the ECSC Treaty, including integrated steelworks-owned coking plants) 341 342 Manufacture of steel tubes 343 Wire-drawing, cold-drawing, cold-rolling of strip, cold-forming 344 Production and primary transformation of non-ferrous metals 345 Ferrous and non-ferrous metal foundries Major Group 35 Manufacture of footwear, other wearing apparel and bedding 3 51 Forging, heavy stamping and heavy pressing 352 Secondary transformation and surface-treatment 353 Metal structures 3 54 Boilermaking, manufacture of industrial hollow-ware 355 Manufacture of tools and implements and finished articles of metal (except electrical equipment) 359 Ancillary mechanical engineering activities 22 Major Group 36 Manufacture of machinery other than electrical machinery 3 61 Manufacture of agricultural machinery and tractors 362 Manufacture of office machinery 363 Manufacture of metal-working and other machine-tools and fixtures and attachments for these and for other powered tools 364 Manufacture of textile machinery and accessories, manufacture of sewing machines 365 Manufacture of machinery and equipment for the food-manufacturing and beverage industries and for the chemical and allied industries 366 Manufacture of plant and equipment for mines, iron and steel works foundries, and for the construction industry; manufacture of mechanical handling equipment 367 Manufacture of transmission equipment 368 Manufacture of machinery for other specific industrial purposes 369 ' Manufacture of other non-electrical machinery and equipment Major Group 37 Electrical engineering 371 Manufacture of electric wiring and cables 372 Manufacture of motors, generators, transformers, switchgear, and other similar equipment for the provision of electric power 373 Manufacture of wearing apparel (except furs) 3 74 Manufacture of mattresses and bedding 375 Skin and fur industries 3 76 Manufacture of electric appliances for domestic use 377 Manufacture of lamps and lighting equipment 378 Manufacture of batteries and accumulators 379 Repair, assembly and specialist installation of electrical equipment ex Major Group 38 Manufacture of transport equipment 383 Manufacture of motor vehicles and parts thereof 3 84 Repair of motor vehicles, motorcycles and cycles 385 Manufacture of motorcycles, cycles and parts thereof 389 Manufacture of transport equipment not elsewhere classified Major Group 39 Miscellaneous manufacturing industries 391 Manufacture of precision instruments and measuring and controlling instruments 392 Manufacture of medico-surgical instruments and equipment and orthopaedic appliances (except orthopaedic footwear) Major Group 40 393 Manufacture of photographic and optical equipment 394 Manufacture and repair of watches and clocks 395 Jewellery and precious metal manufacturing 396 Manufacture and repair of musical instruments 397 Manufacture of games, toys, sporting and athletic goods 399 Other manufacturing industries Construction 400 Construction (non-specialized); demolition 401 Construction of buildings (dwellings or other) 402 Civil engineering; building of roads, bridges, railways, etc. 403 Installation work 404 Decorating and finishing Directive 68/366/EEC (liberalization Directive 68/365/EEC) NICE Nomenclature Major Group 20A200 Industries producing animal and vegetable fats and oils 23 20B Food manufacturing industries (excluding the beverage industry) 201 Slaughtering, preparation and preserving of meat 202 Milk and milk products industry 203 Canning and preserving of fruits and vegetables 204 Canning and preserving of fish and other sea foods 205 Manufacture of grain mill products 206 Manufacture of bakery products, including rusks and biscuits 207 Sugar industry 208 Manufacture of cocoa, chocolate and sugar confectionery 209 Manufacture of miscellaneous food products Major Group 21 Beverage industry 211 Production of ethyl alcohol by fermentation, production of yeast and spirits 212 Production of wine and other unmalted alcoholic beverages 213 Brewing and malting 214 Soft drinks and carbonated water industries ex 30 Manufacture of rubber products, plastic materials, artificial and synthetic fibres and starch products 3 04 Manufacture of starch products ex 04 ex 3 8 ex 71 73 ex 85 Directive 75/368/EEC: activities listed in Article 5(1) ISIC Nomenclature 043 Fishing Inland water fishing Manufacture of transport equipment 381 Shipbuilding and repairing 3 82 Manufacture of railroad equipment 386 Manufacture of aircraft (including space equipment) Activities allied to transport and activities other than transport coming under the following groups: ex 711 Sleeping- and dining-care services; maintenance of railway stock in repair sheds; cleaning of carriages ex 712 Maintenance of stock for urban, suburban and interurban passenger transport ex 713 Maintenance of stock for other passenger land transport (such as motor cars, coaches, taxis) ex 714 Operation and maintenance of services in support of road transport (such as roads, tunnels and toll-bridges, goods depots, car parks, bus and tram depots) ex 716 Activities allied to inland water transport (such as operation and maintenance of waterways, ports and other installations for inland water transport; tug and piloting services in ports, setting of buoys, loading and unloading of vessels and other similar activities, such as salvaging of vessels, towing and the operation of boathouses) Communication: postal services and telecommunications Personal services 854 Laundries and laundry services, dry-cleaning and dyeing ex 856 Photographic studios: portrait and commercial photography, except journalistic photographers ex 859 Personal services not elsewhere classified (maintenance and cleaning of buildings or accommodation only) 24 Directive 75/369/EEC (Article 6: where the activity is regarded as being of an industrial or small-craft nature) ISIC Nomenclature The following itinerant activities: (a) the buying and selling of goods: by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612); in covered markets other than from permanently fixed installations and in open-air markets; (b) activities covered by transitional measures already adopted that expressly exclude or do not mention the pursuit of such activities on an itinerant basis. List II (Directive 82/470/EEC Article 6(3)) Groups 718 and 720 of the ISIC Nomenclature The activities comprise in particular: organizing, offering for sale and selling, outright or on commission, single or collective items (transport, board, lodging, excursions, etc. ) for a journey or stay, whatever the reasons for travelling (Article 2(B)(a)). List III (Directive 82/489/EEC) ex 855 Hairdressing, excluding services of chiropodists and professional beauticians' and hairdressers' training schools 25 List IV (Directive 82/470/EEC, Article 6(1)) Groups 718 and 720 of the ISIC Nomenclature: The activities comprise in particular: acting as an intermediary between contactors for various methods of transport and persons who dispatch or receive goods and who carry out related activities: (aa) by concluding contracts with transport contractors, on behalf of principals; (bb) by choosing the method of transport, the firm and the route considered most profitable for the principal; (cc) by arranging the technical aspects of the transport operation (e. g. packing required for transportation); by carrying out various operations incidental to transport (e. g. ensuring ice supplies for refrigerated wagons); (dd) by completing the formalities connected with the transport such as the drafting of way bills; by assembling and dispersing shipments; (ee) by coordinating the various stages of transportation, by ensuring transit, reshipment, transshipment and other termination operations; (fï) by arranging both freight and carriers and means of transport for persons dispatching goods or receiving them; assessing transport costs and checking the detailed accounts; taking certain temporary or permanent measures in the name of and on behalf of a shipowner or sea transport carrier (with the port authorities, ship's chandlers, etc. ) • • (The activities listed under Article 2(A)(a), (b) and (d)) ListV Directives 70/523/EEC and 64/222/EEC (a) Directive 70/523/EEC Activities of self-employed persons in the wholesale coal trade and activities of intermediaries in the coal trade (ex Group 6112, ISIC Nomenclature) (b) Directive 64/222/EEC (liberalization Directive 64/224/EEC) 1. professional activities of an intermediary who is empowered and instructed by one or more persons to negotiate or enter into commercial transactions in the name of and on behalf of those persons; 2. professional activities of an intermediary who, while not being permanently so instructed, brings together persons wishing to contract directly with one another or arranges their commercial transactions or assists in the completion thereof; 3. professional activities of an intermediary who enters into commercial transactions in his own name on behalf of others; 4. professional activities of an intermediary who carries out wholesale selling by auction on behalf of others; 26 5. professional activities of an intermediary who goes from door to door seeking orders; 6. provision of services, by way of professional activities, by an intermediary in the employment of one or more commercial, industrial or small craft undertakings. Directives 68/364/EEC, 68/368/EEC, 75/368/EEC, 75/369/EEC, 82/470/EEC List VI 1 Directive 6&/364/EEC (liberalization Directive 68/363/EEC) ISIC ex Group 612 Retail trade Excluded activities: 012 Letting-out for hire of farm machinery 640 Real estate, letting of property 713 Letting-out for hire of automobiles, carriages and horses 718 Letting-out for hire of railway carriages and wagons 839 Renting of machinery to commercial undertakings 841 Booking of cinema seats and renting of cinematograph films 842 Booking of theatre seats and renting of theatrical equipment 843 Letting-out for hire of boats, bicycles, coin-operated machines for. games of skill or chance 853 Letting of furnished rooms 854 Laundered linen hire 859 Garment hire ' 68/368/EEC (liberalization Directive 68/367/EEC) ISIC Nomenclature ISIC ex Major Group 85: 1. Restaurants, cafés, taverns and other drinking and eating places (ISIC Group 852) 2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853) 3 75/368/EEC (Article 7) All the activities listed in the Annex to Directive 75/368/EEC, except those referred to in Article 5 of the Directive (List I, No 3 of this proposal). ISIC Nomenclature ex 62 Banks and other financial institutions ex 620 Patent buying and licensing companies 27 ex 71 Transport ex 713 ex 719 Road passenger transport, excluding transportation by means of motor vehicles Transportation by pipelines of liquid hydrocarbons and other liquid chemical products * ex 82 Community services 827 Libraries, museums, botanical and zoological gardens ex 84 Recreation services 843 Recreation services n. e. c: sporting activities (sports grounds, organizing sporting fixtures, etc. ), except the activities of sports instructors games (racing stables, areas for games, racecourses, etc. ) other recreational activities (circuses, amusement parks. and other entertainments) ex 85 Personal services ex 851 ex 855 ex 859 Domestic services Beauty parlours and services of manicurists, excluding services of chiropodists and professional beauticians' and hairdressers' training schools Personal services not elsewhere classified, except sports and paramedical masseurs and mountain guides, divided into the following groups disinfecting and pest control hiring of clothes and storage facilities marriage bureaux and similar services astrology, fortune-telling and the like sanitary services and associated activities undertaking and cemetery maintenance couriers and interpreter-guides 4 75/369/EEC (Article 5) The following itinerant activities: (a) the buying and selling of goods: by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612); in covered markets other than from pemianently fixed installations and in open-air markets; (b) activities covered by transitional measures already adopted that expressly exclude or do not mention the pursuit of such activities on an itinerant basis. 28 82/470/EEC (Article 6(2)) (Activities listed in Article 2(A)(c) and (e), (B)(b), (C) and (D)) These activities comprise in particular: • • • hiring railway cars or wagons for transporting persons or goods; acting as an intermediary in the sale, purchase or hiring of ships; arranging, negotiating and concluding contracts for the transport of emigrants; receiving all objects and goods deposited, on behalf of the depositor, whether under customs control or not, in warehouses, general stores, furniture depots, coldstores, silos, etc. supplying the depositor with a receipt for the object or goods deposited; providing pens, feed and sales rings for livestock being temporarily accommodated while awaiting sale or while in transit to or from the market; carrying out inspection or technical valuation of motor vehicles; • • measuring, weighing and gauging goods. 29 ANNEXA PART TWO Activities other than those covered in Part One 1 Directives 63/261/EEC, 63/262/EEC, 65/1/EEC, 67/530/EEC, 67/531/EEC, 67/532/EEC, 68/192/EEC, 68/415/EEC and 71/18/EEC ISIC Nomenclature ex Maj or Group 01 Agriculture In particular: (a) general agriculture including the growing of field crops and viticulture; growing of fruits, nuts, seeds, vegetables, flowers, both in the open and under glass; (b) raising of livestock, poultry, rabbits, fur-bearing or other animals, bees; the production of meat, milk, wool, skins and fur, eggs, honey; (c) agricultural, animal husbandry and horticultural services on a fee or contract basis. Directive 63/607/EEC (Films) Directive 64/223/EEC ISIC Nomenclature ex Group 611 Activities of self-employed persons in wholesale trade (with the exception of wholesale trade in medicinal and pharmaceutical products, in toxic products and pathogens, and in coal). Directive 64/428/EEC NICE Nomenclature Major group Group 11 12 ex 13 14 19 Mining and preparation of solid fuels 111 Mining and preparation of coal 112 Mining and preparation of lignite Mining of metalliferous ores 121 Mining of iron ore 122 Mining of non-ferrous metalliferous ores and related activities ex 130 Extraction of petroleum and natural gas (excluding prospecting and drilling) 140 Extraction of building materials and fireclays 190 Extraction of other minerals and of peat 30 Directive 65/264/EEC (cinema) Directive 66/162/EEC ISIC Nomenclature Division 5 7 Electricity, gas, steam, water and sanitary services ex Group 640 Group 839 7 Directive 67/43/EEC ISIC Nomenclature Real estate (excluding 6401) Business services not elsewhere classified (excluding journalism, activities of customs agents, advice on economic, financial, commercial, statistical, and labour and employment matters, debt collection) 8 Directive 67/654/EEC ISIC Nomenclature Major Group 02 Forestry and logging 021 Forestry 022 Logging Directives 68/369/EEC and 70/451/EEC ISIC Nomenclature ex Group 841 Production, distribution and projection of films 10 Directive 69/82/EEC ISIC Nomenclature ex Major Group 13 ex 130 Exploration (prospecting and drilling) for petroleum and natural gas 11 Directive 70/522/EEC ISIC Nomenclature ex Group 6112 Coal 31 ANNEX B Part One: Liberalization Directives Repealed Directives 63/261/EEC: Council Directive of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment in agriculture in the territory of a Member State in respect of nationals of other countries of the Community who have been employed as paid agricultural workers in that Member State for a continuous period of two years 63/262/EEC: Council Directive of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years 63/607/EEC: Council Directive of 15 October 1963 implementing in respect of the film industry the provisions of the General Programme for the abolition of restrictions on freedom to provide services 64/223/EEC: Council Directive of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities in wholesale trade 64/224/EEC: Council Directive of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of intermediaries in commerce, industry and small craft industries 64/428/EEC: Council Directive of 7 July 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in mining and quarrying (ISIC Major Groups 11-19) 64/429/EEC: Council Directive of 7 July 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (industry and small craft industries) 65/1/EEC: Council Directive of 14 December 1964 laying down detailed provisions for the attainment of freedom to provide services in agriculture and horticulture 65/264/EEC: Second Council Directive of 13 May 1965 implementing in respect of the film industry the provisions of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services 66/162/EEC: 67/43/EEC: Council Directive of 28 February 1966 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons engaging in the provision of electricity, gas, water and sanitary services (ISIC Division 5) Council Directive of 12 January 1967 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons concerned with: 1. Matters of "real estate" (excluding 6401) (ISIC Group ex 640); 2. The provision of certain "business services not elsewhere classified" (ISIC Group 839) 67/530/EEC: Council Directive of 25 July 1967 concerning the freedom of nationals of a Member State established as fanners in another Member State to transfer from one holding to another 32 67/531/EEC: Council Directive of 25 July 1967 concerning the application of the laws of Member States relating to agricultural leases to farmers who are nationals of other Member States 67/532/EEC: Council Directive of 25 July 1967 concerning freedom of access to cooperatives for farmers who are nationals of one Member State and established in another Member State 67/654/EEC: Council Directive of 24 October 1967 laying down detailed provisions for the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in forestry and logging 68/192/EEC: Council Directive of 5 April 1968 concerning freedom of access to the various forms of credit for farmers who are nationals of one Member State and established in another Member State 68/363/EEC: Council Directive of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) 68/365/EEC: 68/367/EEC: Council Directive of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the food manufacturing and beverage industries (ISIC Major Groups 20 and 21) Council Directive of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85); 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852); 2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853) 68/369/EEC: Council Directive of 15 October 1968 concerning the attainment of freedom of establishment in respect of activities of self-employed persons in film distribution 68/415/EEC: Council Directive of 20 December 1968 concerning freedom of access to the various forms of aid for farmers who are nationals of one Member State and established in another Member State 69/82/EEC: Council Directive of 13 March 1969 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons engaging in exploration (prospecting and drilling) for petroleum and natural gas (ISIC ex Major Group 13) 70/451/EEC: Council Directive of 29 September 1970 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in film production 70/522/EEC: Council Directive of 30 November 1970 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the wholesale coal trade and activities of intermediaries in the coal trade (ISIC ex Group 6112) 71/18/EEC: Council Directive of 16 December 1970 laying down detailed provisions for the attainment of freedom of establishment in respect of self-employed persons providing agricultural and horticultural services 33 Part Two: Directives that provide for transitional measures 64/222/EEC: 64/427/EEC: Council Directive of 25 February 1964 laying down detailed provisions concerning transitional measures in respect of activities in wholesale trade and activities of intermediaries in commerce, industry and small craft industries Council Directive of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing within ISIC Major Groups 23-40 (Industry and small craft industries), as amended by Council Directive 69/77/EEC of 4 March 1969 processing industries falling and 68/364/EEC: Council Directive of 15 October 1968 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) 68/366/EEC: 68/368/EEC: 70/523/EEC: 75/368/EEC: 75/369/EEC: 82/470/EEC: Council Directive of 15 October 1968 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons industries (ISIC Major Groups 20 and 21) food manufacturing beverage and the in Council Directive of 15 October 1968 laying down detailed provisions concerning transitional measures in respect of activities of self-employed in the personal services sector (ISIC ex Major Group 85); persons 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852); 2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853) Council Directive of 30 November 1970 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the wholesale coal trade and in respect of activities of intermediaries in the coal trade (ISIC ex group 6112) Council Directive of 16 June 1975 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of various activities (ex ISIC Division 01 to 85) and, in particular, transitional measures in respect of those activities Council Directive of 16 June 1975 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of itinerant activities and, in particular, transitional measures in respect of those activities Council Directive of 29 June 1982 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to in storage and transport and warehousing (ISIC Group 720) travel agencies (ISIC Group 718) and 82/489/EEC: Council Directive of 19 July 1982 laying down measures to facilitate the effective exercise of the right of establishment and freedom to provide services in hairdressing 34 ISSN 0254-1475 COM(97) 363 final DOCUMENTS EN 16 04 06 Catalogue number : CB-CO-97-350-EN-C ISBN 92-78-22466-9 Office for Official Publications of the European Communities L-2985 Luxembourg 35-