13 DECEMBER 2007. - Act to establish a new general framework for recognition of professional qualifications CE (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Definitions
Art. 2. § 1^er. For the purposes of this Act:
(a) "regulated training": an activity or a set of professional activities whose access, exercise or a method of exercise is directly or indirectly subordinate, under legislative, regulatory or administrative provisions, to the possession of specific professional qualifications; the use of a professional title limited by legislative, regulatory or administrative provisions to the holders, a particular professional qualification is, in particular, a modality of exercise. When the first sentence is not applied, a profession referred to in § 2 is assimilated to a regulated profession;
(b) "professional qualifications": qualifications certified by a training title, a certificate of competence referred to in article 13, point (a) first draw, and/or professional experience;
(c) "training title": diplomas, certificates and other titles issued by an authority of a Member State designated under the legislative, regulatory or administrative provisions of that Member State and sanctioning professional training acquired primarily in the European Community. When the first sentence is not applied, a title referred to in § 3 is assimilated to a training title;
(d) "competent authority": any authority or body authorized to issue or receive training titles and other documents or information, as well as to receive requests and make decisions, as referred to in this Act;
(e) "regulated training": any training specifically aimed at the exercise of a specific profession, which consists of a cycle of studies completed, if any, by vocational training, vocational training or professional practice;
The structure and level of vocational training, vocational training or professional practice are determined by the legislative, regulatory or administrative provisions of the member State in question or are subject to control or approval by the designated authority for that purpose;
(f) "professional experience": the effective and legal exercise of the profession concerned in a Member State;
(g) "stage of adaptation": the exercise of a regulated profession which is carried out in Belgium under the responsibility of a qualified professional and which is eventually accompanied by additional training. The internship is being evaluated. The terms of the internship and its evaluation and the status of the migrant trainee are determined by the Belgian competent authority.
The status enjoyed by the trainee in Belgium, in particular in respect of the right to stay, as well as obligations, rights and benefits, compensation and compensation, is set by the competent Belgian authorities in accordance with applicable Community law;
(h) "aptitude test": a control exclusively concerning the applicant's professional knowledge, which is carried out by the competent authorities and which aims to assess the applicant's ability to practise a regulated profession in Belgium. To allow this control, the competent authorities establish a list of substances that, on the basis of a comparison between the training required in Belgium and that received by the applicant, are not covered by the diploma or training title(s) referred to by the applicant.
The suitability test must take into account the fact that the applicant is a qualified professional in the Member State of origin or origin. It deals with subjects to be chosen from those on the list and whose knowledge is an essential condition for exercising the profession in Belgium. This test may also include the knowledge of ethics applicable to the activities concerned in Belgium.
The terms of the suitability test and the status enjoyed by the applicant in Belgium who wishes to prepare for the suitability test in Belgium are determined by the competent Belgian authorities;
(i) "business manager": any person who has practised in a business of the relevant professional branch:
- the position of director of a company or branch;
- the function of an assistant to the owner or the manager of a business if that function entails a responsibility corresponding to that of the owner or the officer represented;
- the function of a senior manager responsible for business and/or technical tasks and responsible for one or more services of the company.
(j) "Belgian Competent Authority": authority that receives its jurisdiction from a law or regulation made under a king;
(k) "Directive": Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications (Official Gazette of the European Union L255/22 of 30 September 2005) as amended by Council Directive 2006/100/EC of 20 November 2006 on the adaptation of certain directives in the field of free movement of persons, due to the accession of Bulgaria and Romania (Official Gazette of 20 December 2006);
(l) "Member State": Member State of the European Union as well as Iceland, Liechtenstein, Norway and Switzerland as soon as the directive applies to these countries;
(m) "Demandeur": a national of a Member State.
§ 2. A profession exercised by members of an association or organization referred to in Schedule I is considered to be a regulated profession.
The purpose of the associations or organizations referred to in the first paragraph is, inter alia, to promote and maintain a high level of professionalism. To this end, they receive recognition in a specific form by a Member State and issue to their members a training title, ensure that they respect the ethics they establish and confer on them the right to state a title, abbreviation or a corresponding quality in that training title.
§ 3. Any training title issued in a third country shall be considered as a training title provided that the holder has, in the profession concerned, a three-year professional experience in the territory of the Member State which has recognized the title and certified by the Member State.
Subject
Art. 3. Where the competent Belgian authorities require access to a regulated profession or exercise in the possession of specific professional qualifications, this Act sets out the rules that, pursuant to the Directive, they recognize, for access to that profession and exercise, the professional qualifications acquired in one or more other Member States and that allow the holder of such qualifications to practise the same profession.
Scope
Art. 4. § 1^er. Without prejudice to the competence of communities and regions, this Act applies to any national of a Member State, including members of the liberal professions, who wish to practise a regulated profession in Belgium, either independently or on an employee basis.
§ 2. This Act applies to regulated occupations that are not subject to a vertical transposition of the Directive.
§ 3. This Act does not apply to the seven so-called sectoral professions, namely the professions of physician, nurse in charge of general care, dental practitioner, veterinary, birth attendant, pharmacist and architect, unless the provisions of this Act explicitly refer to the provisions of this Act.
§ 4. Where, for a specified regulated profession, other specific provisions directly relating to recognition of professional qualifications are provided in a separate instrument of community law, the corresponding provisions of this Act do not apply.
Effects of recognition
Art. 5. § 1^er. Recognition of professional qualifications allows the beneficiary to access the same profession as that for which he is qualified in the Member State of origin and to exercise it in the same conditions as Belgian nationals.
§ 2. For the purposes of this Act, the profession that the applicant wishes to practise in Belgium is the same as that for which he is qualified in his Member State of origin if the activities covered are comparable.
PART II. - Free service delivery
Scope
Art. 6. The provisions of this title apply only in the case where the provider moves to the territory of Belgium to exercise, on a temporary and occasional basis, the profession referred to in Article 7, § 1^er.
The temporary and occasional nature of the service is appreciated on a case-by-case basis, including the duration of the service, its frequency, its periodicity and its continuity.
Principle of free service delivery
Art. 7. § 1^er. Without prejudice to sections 8 and 9, free service may not be restricted for professional qualifications:
(a) if the provider is legally established in a Member State to practise the same profession (hereinafter referred to as a member state of establishment) and
(b) in the event of the travel of the provider, if he has practised this profession in the Member State of establishment for at least two years in the ten years preceding the service when the profession is not regulated. The requirement for the exercise of the profession for two years is not applicable if either the profession or the training leading to the profession is regulated.
§ 2. If it moves to Belgium, a provider is subject to the rules of conduct of a professional, regulatory or administrative character directly related to professional qualifications such as the definition of the profession, the use of titles and serious professional misconduct that have a direct and specific connection with the protection and safety of consumers, as well as to the disciplinary provisions applicable in Belgium to professionals exercising the same profession.
Expenditure
Art. 8. In accordance with Article 7, § 1^er, service providers established in another Member State are exempted from the requirements imposed on professionals established in Belgian territory relating to:
(a) authorization, registration or affiliation to a professional organization or professional organization. In order to facilitate the application of the disciplinary provisions in force, pursuant to Article 7, § 2, the Belgian competent authority may provide for either a temporary registration which automatically intervenes, or a pro-form membership of such a professional organization or agency, provided that they do not delay or complicate in any way the provision of services and do not entail additional costs for the service provider. A copy of the declaration and, if applicable, of the renewal referred to in Article 9, § 1^eraccompanied by a copy of the documents referred to in Article 9, § 2, for the professions with public health or safety implications referred to in Article 9, § 4, shall be sent to the relevant organization or professional body by the Belgian competent authority and shall constitute a temporary registration which automatically intervenes or a pro-formity accession to that effect;
(b) Enrolment with a public social security organization to settle with an insurer the accounts for the activities carried out for the benefit of social insured persons.
However, the service provider shall notify, in the event of an emergency, the agency referred to in paragraph (b), of its service delivery.
Preliminary statement
in case of travel of service provider
Art. 9. § 1^er. The competent Belgian authority may require that, when the provider moves from a Member State to Belgium for the first time in order to provide services, it informs it beforehand by a written statement including information relating to insurance coverage or other personal or collective means of protection regarding professional liability. Such a declaration is renewed once a year if the provider intends to provide services in a temporary or occasional manner in Belgium during the year concerned. The provider may provide this statement by any means.
§ 2. In addition, during the first service delivery or in the event of material change relating to the situation established by the documents, the competent Belgian authority may require that the declaration be accompanied by the following documents:
(a) proof of the nationality of the provider;
(b) a certificate certifying that the holder is legally established in a Member State to carry out the activities in question, and that, when the certificate is issued, no even temporary prohibition of exercising;
(c) proof of professional qualifications;
(d) for cases referred to in Article 7, § 1^er, point (b), evidence by any means that the contractor has carried out the activities in question for at least two years in the preceding ten years;
(e) in respect of professions in the field of security, if the competent Belgian authority so requires from its nationals, evidence of the absence of criminal convictions.
§ 3. The benefit is performed under the professional title of the Member State of establishment when such title exists in the said Member State for the relevant professional activity. This title is indicated in the official language or in one of the official languages of the Member State of establishment, so as to avoid confusion with the Belgian professional title. In cases where the said professional title does not exist in the Member State of establishment, the provider mentions its training title in the official language or in one of the official languages of that Member State.
§ 4. During the first service delivery, in the case of regulated professions that have public health or safety implications, the Belgian competent authority may conduct an audit of the professional qualifications of the provider prior to the first service delivery. Such prior verification is only possible if its objective is to avoid serious damage to the health or safety of the service recipient, due to the lack of professional qualification of the service provider, and to the extent that it does not exceed what is necessary for this purpose.
Within a maximum period of one month from the date of receipt of the declaration and the attached documents, the Belgian competent authority shall endeavour to inform the provider either of the decision not to verify his qualifications or of the result of that control. In the event of any difficulty that may lead to delay, the Belgian competent authority shall inform the provider before the end of the first month of the reasons for the delay and time required to arrive at a decision, which must be taken before the end of the second month after the receipt of the additional information.
In the event of a substantial difference between the professional qualifications of the provider and the training required in Belgium, to the extent that this difference is likely to adversely affect public health or safety, the Belgian competent authority offers the provider the opportunity to demonstrate that it has acquired the missing knowledge and skills, in particular through a fitness test. In any event, the service delivery must be able to intervene within the month following the decision made under the preceding paragraph.
In the absence of a response from the competent Belgian authority within the time limits set out in the above paragraphs, the provision of services may be made.
In cases where the qualifications have been verified under this paragraph, the provision of services is performed under the Belgian professional title.
Administrative cooperation
Art. 10. § 1^er. The competent Belgian authorities may request the competent authorities of the Member State of establishment, for each service provision, any relevant information regarding the legality of the establishment and the proper conduct of the provider, as well as the absence of disciplinary or criminal penalties of a professional nature. The competent Belgian authorities in turn communicate this information in accordance with Article 27.
§ 2. The competent Belgian authorities shall exchange the information necessary to ensure that the complaint of a recipient of a service against a service provider is properly handled. The addressee is informed of the follow-up to the complaint.
Information of recipients of the service
Art. 11. In cases where the benefit is performed under the professional title of the member state of establishment or under the training title of the provider, in addition to the other information requirements provided by Community law, the competent Belgian authorities may require the provider to provide to the recipient of the service all or part of the following information:
(a) in the case where the supplier is registered in a trade register or in another similar public registry, the register in which the supplier is registered and its registration number, or the equivalent means of identification in that register;
(b) in the event that the activity is subject to an authorization regime in the establishment member State, the coordinates of the competent supervisory authority;
(c) any professional organization or similar organization to which the provider is registered;
(d) the professional title or, where such a title does not exist, the training title of the provider and the Member State in which it was granted;
(e) in the case where the supplier carries on an activity subject to the T.V.A., the identification number referred to in section 50 of the Value Added Tax Code pursuant to section 22, § 1^er, of Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to taxes on turnover - Common Value Added Tax System: Uniform plate;
(f) information on insurance coverage or other means of personal or collective protection relating to professional liability.
PART III. - Freedom of establishment
CHAPTER I^er. - General Recognition of Training Titles
Scope
Art. 12. This chapter applies to all occupations that are not covered by Chapter II of this Title, as well as in the following cases where the applicant, for a specific and exceptional reason, does not meet the conditions set out in this chapter:
(a) for the activities listed in Schedule IV, where the applicant does not meet the requirements set out in sections 19, 20 and 21;
(b) for applicants meeting the requirements of Article 2, § 3.
Qualification levels
Art. 13. For the purposes of Article 15, professional qualifications are grouped according to the following levels as described below:
a) certificate of jurisdiction issued by a competent authority of the Member State of origin designated under the legislative, regulatory or administrative provisions of that State on the basis of:
- either a training not part of a certificate or a degree within the meaning of points (b), (c), (d) or (e) or a specific examination without prior training or full-time exercise of the profession in a Member State for three consecutive years or for a period equivalent to part-time in the last ten years;
- a general education of the level of primary or secondary education certifying that the holder has general knowledge;
(b) Certificate of secondary education:
- either general, supplemented by a cycle of studies or vocational training other than those referred to in (c) and/or by the training or professional practice required in addition to this cycle of studies;
- either technical or professional, supplemented, if any, by a cycle of study or vocational training as referred to in (i) and/or by the training or professional practice required in addition to this cycle of study;
(c) A sanctioning diploma:
- a training of the level of post-secondary education other than that referred to in points (d) and (e) of a minimum of one year or of a duration equivalent to part-time, of which one of the conditions of access is, as a general rule, the completion of the secondary education cycle required for access to university or higher education, or the completion of an equivalent secondary education, as well as the vocational training possibly required for higher education
- or, in the case of a regulated profession, a particular structure equivalent to the level of training mentioned in the first dash, providing a comparable level of professionalism and preparing for a comparable level of responsibilities and functions (functions referred to in Schedule II to this Act). The list in the Appendix It may be amended in accordance with the procedure referred to in Article 28;
(d) a degree in post-secondary education at a minimum of three years not exceeding four years or a part-time equivalent period, provided at a university or higher education institution or at another institution at the same level of training, as well as vocational training that may be required in addition to the post-secondary education cycle;
(e) a degree certifying that the licensee successfully completed a post-secondary education cycle of at least four years, or of a part-time equivalent duration, at a university or higher education institution or at another equivalent level institution and, where applicable, successfully completed the required vocational training in addition to the post-secondary education cycle.
Similar training
Art. 14. Is considered as a training title punishing a training referred to in Article 13, including on the level concerned, any training title or set of training titles issued by a competent authority in a Member State, as long as it punishes a training acquired in the European Community, recognized by that Member State as equivalent and confers on it the same rights of access to a profession or exercise of that profession,
It is also considered to be such a training title, under the same conditions as those provided for in the first paragraph, any professional qualification which, without meeting the requirements laid down in the legislative, regulatory or administrative provisions of the Member State of origin for access to a profession or exercise, confers on its holder the rights acquired under these provisions. In particular, this applies in the event that the Member State of origin reports the level of training required for access to a profession or exercise and where a person who has completed the previous training, who does not meet the requirements of the new qualification, is entitled to rights acquired under statutory, regulatory or administrative provisions; in such a case, the previous training is considered by the competent Belgian authority, for the purpose of applying Article 15, as corresponding to the level of the new training.
Conditions of recognition
Art. 15. § 1^er. When access to a regulated profession or exercise is subject to the possession of specific professional qualifications, the Belgian competent authority shall grant access to the regulated profession and exercise it under the same conditions as for its nationals to applicants who have the certificate of competence or the title of training that is prescribed by another Member State to access or exercise the same profession in its territory.
Competency certificates or training certificates must meet the following conditions:
(a) have been issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that State;
(b) certify a level of professional qualification at least equivalent to the level immediately below that required in Belgium, as described in Article 13.
§ 2. Access to the profession and exercise referred to in § 1^er, must also be granted to applicants who have exercised the profession referred to in the paragraph for two years in the preceding ten years in another Member State that does not regulate that profession, provided that they hold one or more certificates of competence or one or more training titles.
Competency certificates or training certificates must meet the following conditions:
(a) have been issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that State;
(b) certify a level of professional qualification at least equivalent to the level immediately below that required in Belgium, as described in Article 13;
(c) certify the licensee's preparation for the exercise of the profession concerned.
However, the two years of professional experience referred to in the first paragraph may not be required where the training title(s) held by the applicant sanction regulated training within the meaning of Article 2, § 1^er, point (e), of the qualification levels described in article 13, points (b), (c), (d) or (e). Are considered to be regulated formations of the level described in section 13, paragraph (c), those referred to in Appendix III.
§ 3. By derogation from § 1^er, point (b), and at § 2, point (b), the Belgian competent authority authorizes access to a regulated profession and its exercise when access to this profession is subordinated in its territory to the possession of a training title sanctioning a training of higher or university education for a period of four years and that the applicant has a training title of the level described in article 13, point (c).
Compensation measures
Art. 16. § 1^er. The Belgian competent authority may require the applicant to complete an adaptation course for a maximum of three years or to undergo a suitability test in one of the following cases:
(a) where the duration of the training referred to in Article 15, §§ 1^er or 2, is less than one year than the one required in Belgium;
(b) where the training it received covers material substantially different from those covered by the training title required in Belgium;
(c) where the regulated profession in Belgium includes one or more regulated professional activities that do not exist in the corresponding profession in the applicant's Member State of origin, within the meaning of Article 5, § 2, and that this difference is characterized by a specific training that is required in Belgium and which covers material substantially different from those covered by the certificate of competence or the training title referred to by the applicant.
§ 2. If the competent Belgian authority makes use of the possibility provided in § 1^er, it must leave to the applicant the choice between the adaptation internship and the aptitude test.
Where the competent Belgian authority considers that, for a specific profession, it is necessary to derogate from the choice left to the applicant between the adaptation stage and the aptitude test under the first paragraph, it shall inform the other Member States and the Commission in advance by providing adequate justification for this exemption. If the Commission fails to respond within three months, the exemption may be applied.
§ 3. For professions whose exercise requires a precise knowledge of national law and whose essential and constant element of activity is the provision of advice and/or assistance with respect to national law, the Belgian competent authority may, by derogation from the principle set out in § 2, that the applicant has the right to choose, prescribing either an adaptation course or an aptitude test.
This also applies to cases under section 12, point (b).
In cases that fall within the scope of Article 12(a), the Belgian competent authority may impose an accommodation or fitness test if the applicant intends to carry out, as an independent or as a business leader, professional activities that involve the knowledge and application of the specific national regulations in force, provided that it requires Belgian nationals the knowledge and application of this regulation to exercise them.
§ 4. For the purpose of applying § 1^er, points (b) and (c), are defined as "substantially different material", subjects whose knowledge is essential to the exercise of the profession and for which the training received by the applicant presents significant differences in terms of duration or content in relation to the training required in Belgium.
§ 5. § 1^er is applied in accordance with the principle of proportionality. In particular, if the Belgian competent authority intends to require the applicant to perform an adaptation course or to pass an aptitude test, it must first verify whether the knowledge acquired by the applicant during his or her professional experience in a Member State or in a third country is likely to cover, in whole or in part, the substantial difference referred to in § 4.
Dispens of compensation measures
based on common platforms
Art. 17. § 1^er. For the purposes of this article, "common platforms" means a set of criteria for professional qualifications capable of satisfying the substantial differences that have been observed between the training requirements in the different Member States for a specific profession. These substantial differences are identified through a comparison of the durations and contents of the formations in at least two thirds of the Member States, including all the Member States that regulate the said profession. Differences in training content can result from substantial differences in the scope of professional activities.
§ 2. When the applicant's professional qualifications meet the criteria set out in the measure adopted in accordance with Article 15, §2, of the directive on common platforms, the Belgian competent authority waives the application of compensation measures under Article 16.
CHAPTER II. - Recognition of professional experience
Professional experience requirements
Art. 18. Where access to any of the activities listed in Schedule IV, or its exercise, is subject to the possession of general, commercial or professional knowledge and skills, the Belgian competent authority recognizes as sufficient evidence of this knowledge and skills the prior exercise of the activity in another Member State. This activity must have been carried out in accordance with articles 19, 20 and 21.
Activities on List I of Schedule IV
Art. 19. § 1^er. In the case of activities listed in Schedule IV, List I, the prior exercise of the activity shall be carried out:
(a) for six consecutive years in an independent capacity or as a business leader;
(b) for three consecutive years in an independent capacity or as a business leader, where the beneficiary proves that he has received, for the activity in question, a pre-training of at least three years sanctioned by a certificate recognized by the Member State or deemed to be fully valid by a competent professional body;
(c) for four consecutive years in an independent capacity or as a business leader, where the beneficiary proves that he received, for the activity in question, a pre-training of at least two years with a certificate recognized by the Member State or deemed to be fully valid by a competent professional body;
(d) for three consecutive years in an independent capacity, where the beneficiary proves that he or she has been employed for at least five years;
(e) for five consecutive years in a higher executive position, the beneficiary having been for at least three years in charge of technical tasks and responsible for at least one department of the enterprise, when the beneficiary proves that he has received, for the activity in question, a pre-training of at least three years sanctioned by a certificate recognized by the Member State or deemed to be fully valid by a competent professional body.
§ 2. In the cases referred to in (a) and (d), this activity must not have ended for more than ten years on the date of the submission of the complete record of the interested party to the competent Belgian authority.
§ 3. § 1^er, point e), does not apply to activities belonging to the group EX 855 of the CITI nomenclature, hair salons.
Activities on List II of Schedule IV
Art. 20. § 1^er. In the case of activities listed in Schedule IV, List II, the prior exercise of the activity shall be carried out:
(a) for five consecutive years in an independent capacity or as a business leader;
(b) for three consecutive years in an independent capacity or as a business leader, where the beneficiary proves that he has received, for the activity in question, a pre-training of at least three years sanctioned by a certificate recognized by the Member State or deemed to be fully valid by a competent professional body;
(c) for four consecutive years in an independent capacity or as a business leader, where the beneficiary proves that he received, for the activity in question, a pre-training of at least two years with a certificate recognized by the Member State or deemed to be fully valid by a competent professional body;
(d) for three consecutive years in an independent capacity or as a business leader, where the beneficiary proves that he or she has been employed for at least five years;
(e) for five consecutive years in an employee's capacity, where the beneficiary proves that he has received, for the activity in question, a pre-training of at least three years sanctioned by a certificate recognized by the Member State or deemed to be fully valid by a competent professional body;
(f) for six consecutive years in an employee's capacity, where the beneficiary proves that he has received, for the activity in question, a pre-training of at least two years with a certificate recognized by the Member State or deemed to be fully valid by a competent professional body.
§ 2. In the cases referred to in (a) and (d), this activity must not have ended for more than ten years on the date of the submission of the complete record of the interested party to the competent Belgian authority.
Activities on List III of Schedule IV
Art. 21. § 1^er. In the case of activities listed in Schedule IV, List III, the prior exercise of the activity shall be carried out:
(a) for three consecutive years in an independent capacity or as a business leader;
(b) be for two consecutive years in an independent capacity or as a business leader, where the beneficiary proves that he has received, for the activity in question, a preliminary training sanctioned by a certificate recognized by the Member State or deemed to be fully valid by a competent professional body;
(c) for two consecutive years in an independent capacity or as a business leader, where the beneficiary proves that he or she has been employed for at least three years;
(d) for three consecutive years in an employee's capacity, where the beneficiary proves that he has received, for the activity in question, a prior training sanctioned by a certificate recognized by the Member State or deemed to be fully valid by a competent professional body.
§ 2. In the cases referred to in (a) and (c), this activity must not have ended for more than ten years on the date of the submission of the complete record of the interested party to the competent Belgian authority.
CHAPTER III. - Common settlement provisions
Documentation and formalities
Art. 22. § 1^er. When deciding on an application for authorization to practise the regulated profession under this title, the competent Belgian authorities may require the documents listed in § 5.
The documents referred to in § 5, points (d), (e) and (f) may not date for more than three months in production.
The competent Belgian authorities ensure the secret of the information transmitted.
§ 2. In case of justified doubt, the competent Belgian authority may require the competent authorities of a Member State to confirm the authenticity of the certificates and training documents issued in that other Member State.
§ 3. In case of justified doubt, where a competent authority of a Member State has issued a training title as defined in Article 2, § 1^er, point c), including a training received in whole or in part in an establishment legally established in the territory of another Member State, the Belgian competent authority is entitled to verify with the competent body of the Member State of origin where the grant took place:
(a) if the training provided by the institution concerned has been formally certified by the educational institution located in the Member State of origin where the grant took place;
(b) if the issued training title is the same as that which would have been issued if the training had been fully followed in the Member State of origin where the grant took place; and
(c) if the course title granted confers the same rights of access to the profession in the territory of the Member State of origin where the grant took place.
§ 4. Where the competent Belgian authority requires an oath or solemn declaration from its nationals for access to a regulated profession and in cases where the statement or oath formula cannot be used by nationals of other Member States, it ensures that an appropriate equivalent formula can be used by the individual.
§ 5. Documents required in accordance with § 1^er :
(a) Evidence of the nationality of the individual.
(b) Copy of certificates of professional competence or training title that gives access to the profession in question and certificate of professional experience of the person concerned where applicable.
The competent Belgian authorities may require the applicant to provide information concerning his training to the extent necessary to determine the possible existence of substantial differences with the required national training, as referred to in Article 16, § 5. If the applicant is unable to provide this information, the Belgian competent authority shall address the point of contact, the competent authority or any other competent body of the Member State of origin.
(c) For the cases referred to in Article 18, a certificate relating to the nature and duration of the activity, issued by the competent authority or body of the Member State of origin or the Member State of origin.
(d) The Belgian competent authority, which orders access to a regulated profession to the production of evidence relating to honesty, morality or absence of bankruptcy, or which suspends or prohibits the exercise of such a profession in the event of serious professional misconduct or criminal offence, accepts as sufficient evidence for nationals of the Member States who wish to practise this profession in Belgian territory the production of documents issued by the competent authorities of the member State
When the documents referred to in the first paragraph are not issued by the competent authorities of the Member State of origin or origin, they are replaced by an affidavit - or, in the States where such an oath does not exist, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority or, where appropriate, before a notary or professional body qualified as the member State of origin or origin, who issued a solemn declaration
(e) When the competent Belgian authority requires its nationals, for access to a regulated profession, a document relating to the physical or psychological health of the applicant, it accepts as sufficient evidence the production of the document required in the Member State of origin. Where a member State of origin does not require such a document, the Belgian competent authority shall accept a certificate issued by a competent authority of that State.
(f) When the competent Belgian authority requires its nationals, for access to a regulated profession:
- proof of the applicant's financial capacity,
- proof that the applicant is insured against the financial risks associated with professional liability in accordance with the legal and regulatory requirements in force in Belgium with respect to the terms and scope of this guarantee,
it accepts as sufficient evidence a related certificate issued by banks and insurance companies of another Member State.
§ 6. With respect to the documents referred to in § 5 (d) and (e), the Belgian competent authority must send the required documents to the competent authority of another member state within two months.
Mutual Recognition Procedure
Professional qualifications
Art. 23. § 1^er. The competent Belgian authority acknowledges receipt of the applicant's file within one month of its receipt and informs it as appropriate of any missing document.
§ 2. The procedure for reviewing an application for authorization to practise a regulated profession must be completed within three months of the submission of the complete file of the interested party and sanctioned by a duly motivated decision of the competent Belgian authority. However, this period may be extended for one month for occupations that fall under the law.
Port of Professional Title
Art. 24. § 1^er. When the wearing of the professional title in respect of one of the activities of the profession in question is regulated, nationals of other Member States who are authorized to practise a regulated profession on the basis of Title III shall bear the Belgian professional title, which in Belgium corresponds to that occupation, and shall use its possible abbreviation.
§ 2. Where a profession is regulated by an association or organization within the meaning of Article 2, § 2, nationals of the Member States are not allowed to use the professional title issued by that organization or association, or its abbreviation, unless they demonstrate that they are members of the said organization or association.
Where the association or organization requires the acquisition of membership in certain qualifications, it may only do so under the conditions set out in this Act with respect to nationals of other Member States who have professional qualifications.
PART IV. - Methods of exercising the profession
Language knowledge
Art. 25. Recipients of recognition of professional qualifications must have the language knowledge necessary for the exercise of the profession in Belgium.
Scope of the training title
Art. 26. Without prejudice to articles 9 and 24, the competent Belgian authority shall ensure that the right is recognized to the persons concerned to use their training title conferred upon them in the Member State of origin, and possibly its abbreviation, in the language of that State. The competent Belgian authority may prescribe that this title be followed by the names and places of the establishment or the jury that issued it. When the training title of the Member State of origin can be confused in Belgium with a title requiring, in Belgium, a complementary training not acquired by the beneficiary, the competent Belgian authority may prescribe that it will use the training title of the Member State of origin in an appropriate form that it indicates.
PART V. - Administrative cooperation
Competent authorities
Art. 27. § 1^er. The competent Belgian authorities work closely with the competent authorities of the Member State of origin when applying the directive. They ensure the confidentiality of the information exchanged.
§ 2. The competent Belgian authorities exchange information with the competent authorities of the Member State of origin on the disciplinary or penal sanctions that have been taken or on serious and precise facts that may have consequences on the exercise of the activities under this Act, in accordance with the law of 11 December 1998 transposing Directive 95/46/EC of 24 October 1995 of the European Parliament and of the Council relating to the protection of the natural persons in respect of the treatment of
Conversely, at the request of the competent authorities of the host Member State, the competent Belgian authorities examine the veracity of the facts, decide on the nature and extent of the investigations that must be carried out and communicate to the competent authorities of the host Member State the consequences that they draw from the information transmitted.
PART VI. - Final provisions
Art. 28. The King may make amendments to the annexes to this Act to comply with future amendments to European legislation.
Art. 29. The law establishing a general framework for recognition of professional qualifications of 10 May 2006 is repealed.
Entry into force
Art. 30. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 13 December 2007.
ALBERT
By the King:
Minister of Economy, Independents and Agriculture,
Mrs. S. LARUELLE
Minister of Finance,
D. REYNDERS
Minister of Mobility,
Y. LETERME
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
The Minister of Interior,
P. DEWAEL
Minister of Justice,
J. VANDEURZEN
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Notes
(1) 2007-2008 session:
House of Representatives.
Documents. - Bill, 52-282 - No. 1. - Amendments, 52-282 - No. 2. - Report, 52-282 - No. 3. - Text adopted by the commission, 52-282 - No. 4. - Text adopted in plenary and transmitted to the Senate, 52-282 - No. 5.
Full report: 13 December 2007.
Senate:
Documents. - Project not referred to by the Senate, 4-473 - No. 1.

Annex I
List of professional associations or organizations
who meet the requirements of Article 2, § 2
IRLAND (1)
1. The Institute of Chartered Accountants in Ireland (2)
2. The Institute of Certified Public Accountants in Ireland (2)
3. The Association of Certified Accountants (2)
4. Institution of Engineers of Ireland
5. Irish Planning Institute
ROYAUME-UNI
1. Institute of Chartered Accountants in England and Wales
2. Institute of Chartered Accountants of Scotland
3. Institute of Chartered Accountants in Ireland
4. Chartered Association of Certified Accountants
5. Chartered Institute of Loss Adjusters
6. Chartered Institute of Management Accountants
7. Institute of Chartered Secretaries and Administrators
8. Chartered Insurance Institute
9. Institute of Actuaries
10. Faculty of Actuaries
11. Chartered Institute of Bankers
12. Institute of Bankers in Scotland
13. Royal Institution of Chartered Surveyors
14. Royal Town Planning Institute
15. Chartered Society of Physiothelapy
16. Royal Society of Chemistry
17. British Psychological Society
18. Library
19. Institute of Chartered Foresters
20. Chartered Institute of Building
21. Engineering Council
22. Institute of Energy
23. Institution of Structural Engineers
24. Institution of Civil Engineers
25. Institution of Mining Engineers
26. Institution of Mining and Metallurgy
27. Institution of Electrical Engineers
28. Institution of Gas Engineers
29. Institution of Mechanical Engineers
30. Institution of Chemical Engineers
31. Institution of Production Engineers
32. Institution of Marine Engineers
33. Royal Institution of Naval Architects
34. Royal Aeronautical Society
35. Institute of Metals
36. Chartered Institution of Building Services Engineers
37. Institute of Measurement and Control
38. British Computer Society
____
Notes
(1) Irish nationals are also members of the following associations or organizations of the United Kingdom:
- Institute of Chartered Accountants in England and Wales
- Institute of Chartered Accountants of Scotland
- Institute of Actuaries
- Faculty of Actuaries
- The Chartered Institute of Management Accountants
- Institute of Chartered Secretaries and Administrators
- Royal Town Planning Institute
- Royal Institution of Chartered Surveyors
- Chartered Institute of Building.
(2) For the purposes of the audit activity alone.

ANNEX II
List of special structure trainings
referred to in article 13, point (c), second dash)
1. Paramedical and socio-pedagogical domain
The trainings of:
in Germany:
- nurse (bearing nurse) (" Kinderkrankenschwester/ Kinderkrankenpfleger")
- physiotherapist ("Krankengymnast(in)/Physiotherapeut(in)") (1),
- therapist (Beschäftigungs- und Arbeitstherapeut/Ergotherapeut)
- orthophonist ("Logopäde/Logopädin")
- orthoptist ("Orthoptist(in)")
- educator recognized by the State (" Staatlich anerkannte(r) Erzieher(in)")
- educator recognized by the State (" Staatlich anerkannte(r) Heilpädagoge(-in)")
- Medical Laboratory Technical Assistant ("Medizinisch-technische(r) Laboratoriums-Assistent(in)")
- Medical Technical Assistant in Radiology ("Medizinisch-technische(r) Radiology-Assistent(in)")
- Medical technical assistant in functional diagnostics ("medizinisch-technische(r) Assistent(in) für Funktionsdiagnostik")
- Technical Assistant in Veterinär-medizinisch-technische(r) Assist(in)
- Dietitian ("Diätassistent")
- pharmacy technician ("Pharmacemaker"), training provided before March 31, 1994 in the territory of the former German Democratic Republic or in the territory of the new Länder,
- psychiatric nurse (" Psychiatrische(r) Krankenschwester/Krankenpfleger")
- logo therapist ("Sprachtherapeut(in)");
in the Czech Republic:
- caregivers ("Zdravotnicky asistent"), which represents a total training of at least thirteen years, of which at least eight years of basic education and four years of professional education in a secondary medical school, sanctioned by the examination "maturitní zkouska",
- Nutrition assistant ("netricní asistent"), which represents a total training of at least thirteen years, including at least eight years of basic education and four years of professional education in a secondary medical school, sanctioned by the "maturitní zkouska" examination;
in Italy:
- Dental mechanic ("odontotecnico")
- optician ("ottico");
Cyprus:
For the consultation of the table, see image
in Latvia:
- dental assistant (" zobarstniecibas masa"), which represents a total training of at least thirteen years, of which at least ten years of general education and two years of professional education in a medical school, followed by three years of professional experience following which a examination must be completed to obtain a certificate of specialization,
- Laboratory assistant for biomedical analyses ("biomedicinas laborants"), which represents a total duration of at least twelve years, of which at least ten years of general education and two years of professional education in a medical school, followed by two years of professional experience following which a examination must be completed to obtain a certificate of specialization,
- Dental mechanic (" zobutehnikis"), which represents a total duration of at least twelve years, of which at least ten years of general education and two years of professional education in a medical school, followed by two years of professional experience following which a examination must be completed to obtain a certificate of specialization,
- assistant physiotherapist ("fizioterapeita asistents"), which represents a total training of at least thirteen years, of which at least ten years of general education and three years of professional education in a medical school, followed by two years of professional experience following which a examination must be completed to obtain a certificate of specialization;
in Luxembourg:
- Medical Technical Assistant in Radiology,
- Medical laboratory technical assistant,
- psychiatric nurse,
- Medical Technical Assistant in Surgery,
- nurse/i(ère)
- nurse/outdoor) anesthetist,
- graduate masseur
- educator;
in the Netherlands:
- Veterinary Assistant (" dierenartsassistent"), which represents trainings of a total duration of at least thirteen years, including:
(i) at least three years of vocational training in a specialized school sanctioned by an examination, possibly completed by a specialization cycle of one or two years, sanctioned by an examination;
(ii) at least two and a half years of vocational training in a specialized school, sanctioned by an examination and supplemented by a professional practice of at least six months or a vocational training course of at least six months in a registered school;
(iii) at least two years of vocational training in a specialized school that is sanctioned by an examination and supplemented by a professional practice of at least one year or by a professional internship of at least one year in a registered establishment;
(iv) in the case of veterinary assistants (" dierenartsassistent") in the Netherlands, three years of vocational training in a specialized school (regime of "MBO") or alternatively three years of vocational training according to the dual system of learning ("LW"), training sanctioned in both cases by an examination;
in Austria:
- the specific basic training in pediatric care ("Spezielle Grundausbildung in der Kinder- und Jugendlichenpflege")
- the specific basic training in psychiatric nursing ("Spezielle Grundausbildung in der psychiatrischen Gesundheits- und Krankenpflege")
- optician specialized in contact lenses ("Kontaktlinsenoptiker",
- pedicure (" Fusspfleger")
- audioprothesist ("Hörgeräteakustiker")
- droguiste ("Drogist"), which represents a cycle of study and training for a total duration of at least fourteen years, including a training of at least five years in a structured training framework subdivided, on the one hand, in a learning period of at least three years, including a training partially received at the workplace and partially provided by a professional institution and, on the other, a period of training and training
- masseur ("Masseur"), which represents a cycle of study and training for a total duration of fourteen years, including a five-year training in a structured training framework, comprising two-year learning, two-year training and one-year training and a one-year training sanctioned by a professional examination that confers the right to practice and train apprentices,
- puériculteur(trice) (" Kindergärtnerin")
- Educator ("Erzieher"), which represents a cycle of study and training of 13 years, including a five-year vocational training in a specialized school, sanctioned by a review;
in Slovakia:
- Professor in the field of dance in the basic artistic education schools (" ucitel' v tanecnom odbore na zàkladnych umeleckych skolàch"), which represents a total training of at least four and a half years, of which eight years of basic education, four years of study in a specialized secondary school and a five-semester training in the field of dance
- educator in specialized education institutions and in social services centres (" vychovàvatel' vychovnych zariadeniach a v zariadeniach sociàlnych sluzieb"), which represents a total education of at least fourteen years, eight to nine years of basic education, four years of secondary education
2. Master craftsmen's Sector ("Mester/Meister/Master") representing trainings on artisanal activities not covered by title III, chapter II
The following training courses:
in Denmark:
- optician ("opometrist") whose training cycle corresponds to a total duration of fourteen years, including a five-year vocational training, divided into a two-and-a-half-year theoretical training provided by the vocational education institution and a practical two-and-a-half-year training acquired in the company, sanctioned by a recognized examination of artisanal activity and giving the right to carry the title "Meten",
- orthopaedist, orthopaedist mechanic ("ortopjdimekaniker") whose training cycle corresponds to a total duration of twelve and a half years, including a three-and-a-half-year vocational training, distributed in a theoretical training of a semester provided by the professional education institution and a practical training of three years acquired in the company, sanctioned by a recognized examination of the title given to Mester
- orthopaedist, orthopaedist shoemaker ("ortopjdiskomager") whose training cycle corresponds to a total duration of thirteen and a half years, including a four-and-a-half-year vocational training, divided into a two-year theoretical training provided by the professional education institution and a two-and-a-half practical training in the workplace, sanctioned by a recognized examination of the craft activity
in Germany:
- optician ("Augenoptiker")
- Dental mechanic ("Zhntechniker")
- Bandagist,
- audioprothesist ("Hörgeräte-Akustiker")
- orthopaedist mechanic ("Orthopädiemechaniker")
- orthopedist shoemaker ("Orthopädieschuhmacher");
in Luxembourg:
- optician,
- Dental mechanic,
- audioprothesist,
- Orthopaedist/bandagist mechanic,
- orthopaedist-cordonnier, whose training cycle corresponds to a total duration of fourteen years, including a training of at least five years in a structured training framework, partly acquired in the company and partly provided by the vocational education institution, sanctioned by a review whose success is necessary to exercise, independently or as an employee with a comparable level of responsibility, an activity considered to be craft;
in Austria:
- Bandagist,
- corsetier ("Miederwarenerzeuger")
- optician (" Optiker")
- orthopedist shoemaker ("Orthopädieschuhmacher")
- orthopaedist mechanic ("Orthopädietechniker")
- Dental mechanic ("Zhntechniker")
- gardener ("Gärtner"), who represent a cycle of study and training for a total duration of at least fourteen years, including a training of at least five years in a subdivided structured training framework, on the one hand, in an apprenticeship of at least three years, including a training partially received at the workplace and partially provided by a professional education institution and, on the other, a lesser period of training
the training of master craftsmen in the field of agriculture and forestry, namely:
- Master in Agriculture ("Meister in der Landwirtschaft")
- Master in rural household economy ("Meister in der ländlichen Hauswirtschaft")
- Master in horticulture ("Meister im Gartenbau")
- Master in the garden culture ("Meister im Feldgemüsebau")
- Master in fruit growing and fruit use ("Meister im Obstbau und in der Obstverwertung")
- master in viticulture and winemaking techniques ("Meister im Weinbau und in der Kellerwirtschaft")
- Master in dairy and wheat-based economy ("Meister in der Molkerei- und Käsereiwirtschaft")
- Master in Horse Economics ("Meister in der Pferdewirtschaft")
- Master in Fishing Economics ("Meister in der Fischereiwirtschaft")
- master of aviculture ("Meister in der Geflügelwirtschaft")
- master of beekeeping ("Meister in der Bienenwirtschaft")
- Master in Forest Economics ("Meister in der Forstwirtschaft")
- Master in forest farming ("Meister in der Forstgarten- und Forstpflegewirtschaft")
- Master in the storage of agricultural products ("Meister in der landwirtschaftlichen Lagerhaltung"), which represent a cycle of studies and training of at least fifteen years, including a training of at least six years in a structured training framework subdivided, on the one hand, in a apprenticeship of at least three years, including a training partially received in the company and partially dispensed by an institution
in Poland:
- teaching in the field of practical vocational training ("Nauczyciel praktycznej nauki zawodu"), which represents a training of one duration of:
(i) eight years of basic education and five years of vocational education in secondary education or equivalent secondary education in a relevant field, followed by training in pedagogy of at least 150 hours, training in occupational safety and hygiene and two years of professional experience in the profession that will be taught; or
(ii) eight years of basic education and five years of vocational education in secondary education and a degree of training in a technical higher education institution; or
(iii) eight years of basic education, two to three years of basic vocational education in secondary education and at least three years of professional experience, sanctioned by a master's degree in the profession concerned, followed by a total education course of at least 150 hours;
in Slovakia:
- teacher in the field of vocational education ("majster odbornej vychovy"), which represents a total duration of at least twelve years, including eight years of basic education, four years of professional education (full cycle of vocational education and/or learning in the cycle (similar) of vocational training or related learning), professional experience of a total duration of at least three years in the^er September 2005, specialized training in the field of specialized pedagogy provided in the methodological centres for training teachers in vocational education in specialized schools, without further education.
3. Marine area
(a) Maritime navigation
The following training courses:
in the Czech Republic:
- deckhand ("palubní asistent")
- officer in charge of the shift to the bridge ("nàmorní porucík")
- second ("první palubní dustojník")
- Captain ("kapitàn"),
- mechanic ("strojní asistent")
- officer in charge of the quarter to the machine ("strojní dustojník")
- second mechanic ("druhy strojní dustojník")
- chief engineer ("první strojní dustojník")
- electrician ("Elektrotechnik")
- electrician chief ("Elektrodustojník");
in Denmark:
- Captain of the Merchant Navy ("skibsforer")
- second ("Ostyrmand")
- helmsman, a quarter officer ("enestyrmand, vagthavende styrmand")
- Quartial officer ("valhavende styrmand")
- Naval mechanic (" maskinchef")
- first mechanic officer (I. maskinmester)
- first mechanic/quarter chief engineer (I. maskinmester/vagthavende maskinmester)
in Germany:
- Captain to the great cabotage (" Kapitän AM")
- captain at the cabotage (" Kapitän AK")
- Quart de pont officer at the Grand Cabotage ("Nautischer Schiffsoffizier AMW")
- Quart de pont officer at the cabotage ("Nautischer Schiffsoffizier AKW")
- Level C mechanic officer - Chief of Machinery ("Schiffsbetriebstechniker CT - Leiter von Maschinenanlagen")
- C-level mechanic chief of machinery ("Schiffsmaschinist CMa - Leiter von Maschinenanlagen")
- Quart C mechanical officer ("Schiffsbetriebstechniker CTW")
- C-level mechanic chief - single officer responsible ("Schiffsmaschinist CMaW-Technischer Alleinoffizier");
in Italy:
- Bridge officer (" ufficiale di coperta")
- mechanic officer ("the ufficiale di macchina");
in Latvia:
- electrician engineer on board ships ("Kugu elektromehanikis")
- operator of the refrigeration facility ("Kugu saldesanas iekartu masinists");
in the Netherlands:
- Quart de pont du cabotage (with supplement) (" stuurman kleine handelsvaart (met aanvulling)")
- graduated motorguard (“motor diploma”),
- officer assigned to the Marine Traffic Assistance Service ("VTS-functionaris")
Romania
- navy wheelman III 4 ST CW ("martim wheelman"), which represent formations:
- in the Czech Republic:
(i) for deckhand (“paubní asistent”):
1. at least twenty years of age;
2. (a) training establishment or marine school - navigation section, both cycles must be sanctioned by the "maturitní zkouàka" examination and an approved sea service of a minimum of six months on board vessels during the studies; or
(b) Approved at sea service for a minimum of two years as a seaman who is part of a shift team at the bridge at the level of ship support and certified training meeting the proficiency standards specified in section A-II/1 of the STCW Code (International Convention on the Standards of Training of Seafarers, Certification and Watching), provided by a training establishment or a marine school of the concerned party to the success of the
(ii) for a shift officer at the bridge ("nàmorní porucík"):
1. Marine service approved as a deckhand on board vessels of a gross tonnage equal to or greater than 500, of a minimum duration of six months for graduates of marine training establishments or schools, or of a year for graduates of an approved training cycle, of which at least six months as a deckhand being part of a shift team at the bridge;
2. Completed and approved training register for cadets;
(iii) for second ("první palubní dustojník"): officer's patent for a shift to the bridge for vessels of a gross tonnage equal to or greater than 500 and approved sea service for a minimum of twelve months in that function.
(iv) for Captain ("Kpitàn"):
= Captain's patent for vessels of a gross tonnage between 500 and 3,000;
= second patent for vessels of a gross tonnage equal to or greater than 3,000, approved sea service of a minimum of six months as a second on vessels of a gross tonnage equal to or greater than 500 and approved sea service of a minimum of six months as a second on vessels of a gross tonnage equal to or greater than 3,000.
(v) for mechanic ("strojní asistent"):
1. at least twenty years of age;
2. training establishment or marine school - Marine engineering and marine service section approved for a minimum of six months on board vessels, conducted during the studies;
(vi) for a quarter-to-machine officer ("strojní dustojník"): approved offshore service as a mechanic for a minimum of six months in the case of a graduate of a training institution or a marine school;
(vii) for second mechanic ("druhy strojní dustojník"): approved sea service for a minimum of twelve months as the third mechanic officer on board vessels whose main propulsion system has a power of 750 kilowatts or more;
(viii) for chief engineer ("první strojní dustojník"): appropriate second mechanic patent for vessels whose main propulsion system has a power equal to or greater than 3,000 kilowatts and approved sea service for a minimum of six months in this function;
ix) for electrician ("Elektrotechnik"):
1. at least eighteen years of age;
2. a marine or other training institution, electrotechnical faculty or technical education school in electrotechnical engineering, all training cycles to be sanctioned by the "maturitní zkouska" examination, and approved practical experience of a minimum of twelve months in the field of electrotechnic;
x) for electrician chief ("Elektrodustojník"):
1. training establishment or marine school, faculty of marine electrotechnical, other training establishment or secondary school in the field of electrotechnical, all training cycles to be sanctioned by the examination "maturitní zkouska" or by a State examination;
2. Sea-approved service as an electrician, of a minimum duration of twelve months for graduates of training establishments or marine schools, or twenty-four months for graduates of a secondary school;
- in Denmark, nine years of primary schooling, followed by a period of basic training and/or sea service lasting between seventeen and thirty-six months, completed:
(i) for a shift officer, one year of specialized vocational training;
(ii) for others, by three years of specialized vocational training;
- in Germany, of a total duration of fourteen to eighteen years, including a three-year basic vocational training cycle and a one-year sea service practice, followed by a specialized professional training of one or two years, supplemented, if any, by a professional practice of two-year navigation;
- Latvia:
i) for electrician engineer on board ships ("kugu elektromehanikis"):
1. at least eighteen years of age;
2. which represents a total duration of at least twelve and a half years, including at least nine years of basic education and at least three years of professional education. In addition, a service at sea of at least six months as a ship electrician or electrician assistant on ships with a power greater than 750 kW is required. Vocational training is sanctioned by a special examination of the competent authority in accordance with the training program approved by the Ministry of Transport;
ii) for operator of the refrigeration facility ("Kuga saldesanas iekartu masinists"):
1. at least eighteen years of age;
2. which represents a training of at least thirteen years, including at least nine years of basic education and at least three years of professional education. In addition, a service at sea of at least 12 months as assistant to the refrigeration engineer is required. Vocational training is sanctioned by a special examination of the competent authority in accordance with the training program approved by the Ministry of Transport;
- in Italy, of a total duration of thirteen years, of which at least five years of professional training sanctioned by a examination and completed, if applicable, by a professional internship;
- in the Netherlands:
(i) for a quarter-deck chief at the cabotage (with a supplement) ("stuurman kleine handelsvaart (met aanvulling)") and for a graduated motorguard ("motor diploma"), including a fourteen-year cycle of studies, of which at least two years at a specialized vocational training school, completed by a twelve-month internship;
(ii) for an employee assigned to the Marine Traffic Assistance Service ("VTS-functionaris"), for a total duration of not less than fifteen years, including at least three years of higher vocational education ("HBO") or vocational secondary education ("MBO"), completed by national or regional specialization cycles, each of which has at least twelve weeks of theoretical training and is sanctioned by a review
which are recognized under the International Convention on the Training of Seafarers, the Granting of Patents and the Monitoring of International Convention, 1978;
- in Romania,
for II/4 ST CW marine helm (“ maritim wheelman”):
1. at least eighteen years of age;
2. (a) an appropriate marine patent (secondary maritime education); service at sea for a period of twenty-four months as a marine on board a sea ship, of which at least twelve months over the past five years; participation in certified training to access a level of execution (seven days);
(b) or appropriate marine patent (secondary maritime education) and radiocommunication operator patent, technical operator of the marine mobile service; service at sea for a period of twenty-four months as a marine and radiocommunication operator, technical operator of the marine mobile service, or incumbent operator of the CGO-SMDSM; participation in certified training to access a level of execution (seven days).
(b) Fishing at sea:
The following training courses: in Germany:
- Captain to the Great Fishing (" Kapitän BG/Fischerei")
- captain at the 'round sea' (" Kapitän BLK/Fischerei")
- Quart deck officer on a large-scale fishing vessel ("Nautischer Schiffsoffizier BGW/Fischerei")
- Quart deck officer on offshore fishing vessel ("Nautischer Schiffsoffizier BK/Fischerei");
in the Netherlands:
- Quart de pont mecanicien V ("stuurman werktuigkundige V")
- Mechanic IV of a fishing vessel ("werktuigkundige IV visvaart")
- Chief deck IV of a fishing vessel ("stuurman IV visvaart")
- Chief of Mechanic Bridge IV ("Stuurman werktuigkundige VI");
which represent training:
- in Germany, of a total duration of fourteen to eighteen years, including a three-year basic vocational training cycle and a one-year sea service practice, followed by a specialized professional training of one or two years, supplemented, if any, by a professional practice of two-year navigation;
- in the Netherlands, a cycle of study that varies between thirteen and fifteen years, of which at least two years are taught in a specialized vocational school, supplemented by a period of professional practice of twelve months,
recognized under the Torremolinos Convention (International Convention on the Safety of Fishing Vessels, 1977).
4. Technical area
The following training courses:
in the Czech Republic:
- Authorized technician, authorized builder ("Autorizovany technik, autorizovany stavitel", which represents a professional training of at least nine years, of which four years of technical education in a secondary school, sanctioned by the examination "maturitní zkouska", and five years of professional experience, and sanctioned by a test of professional qualification to perform professional activities selected in the field
- conductor of railway vehicles ("fyzickà osoba rídící dràzní vozidlo"), which represents a total training of at least 12 years, of which at least eight years of basic education and at least four years of professional education in a secondary school, sanctioned by the examination "maturitní zkouska" and ending with the examination of
- technician responsible for the revision of the paths ("Dràzní revizní technik"), which represents a total training of at least twelve years, including at least eight years of basic education and at least four years of professional education in a secondary school in mechanical or electronics, sanctioned by the examination "maturitní zkouska";
- self-school instructor ("Ucitel autoskoly"), person at least twenty-four years of age; which represents a total duration of at least twelve years, including at least eight years of basic education and at least four years of vocational education at a secondary school, centred on traffic or mechanics, sanctioned by the "maturitní zkouska" examination;
- technician of the administration of the motor technical control ("Kontrolní technik STK"), person at least twenty-one years of age; which represents a total duration of at least twelve years, including at least eight years of basic education and at least four years of vocational education in a secondary school, sanctioned by the "maturitní zkouska" examination and followed by at least two years of technical practice. Lintéressé must hold the driver's licence, have a blank criminal record, have followed the special training of administrative technicians, for a minimum of one hundred and twenty hours, and have passed the examination;
- mechanic responsible for the control of vehicle emissions ("Mechanik merení emisí"), which represents a total training of at least twelve years, of which at least eight years of basic education and at least four years of professional education in a secondary school, sanctioned by the "maturitní zkouska" examination. In addition, a candidate must attend at least three years of technical practice and the special training of a mechanic responsible for vehicle emission control, for a period of eight hours, and complete the examination;
- Captain I^re class ("Kapitàn I. trídy"), which represents a total duration of at least fifteen years, including eight years of basic education and three years of professional education, sanctioned by the "maturitní zkouska" examination and obtained by an examination leading to the issuance of a certificate of fitness. This professional education must be followed by four years of professional experience sanctioned by an examination;
- restorer of monuments constituting artisanal works ("restauràtor pamàtek, které jsou díly umeleckych remesel"), which represents a total training of twelve years if the complete cycle of technical secondary education in the food industry is followed; or studies lasting from ten to twelve years in a related training cycle, more than five years of professional experience, if the complete cycle of technical secondary education sanctioned by the "maturitní zkouska" examination is followed, or eight years of professional experience if the technical cycle of secondary education sanctioned by a final examination of learning is followed;
- restorer of works of art that are not monuments and that are preserved in the collections of museums and galleries, as well as other objects with a cultural value ("restauràtor del vytvarnych umení, kterà nejsou pamàtkami a jsou ulozena ve sbírkàch muzeí galeriulí, a ostatí
- waste management ("odpadovy hospodár"), which represents a total training of at least 12 years, including at least eight years of basic education and at least four years of professional education at a secondary school, sanctioned by the "maturitní zkouska" examination, and a minimum of five years of experience in the field of waste management acquired over the past ten years;
- chief mining technician ("technicky vedoucí odstrelu"), which represents a total of at least twelve years of training, including at least eight years of basic education and at least four years of professional education in a secondary school, sanctioned by the "maturitní zkouska" examination, followed by two years as a firewall at the bottom (for activities on the surface) 100-hour theoretical and practical training cycle, followed by a review before the competent local authority in the field of mines; professional experience of six months or more in the field of the organization and execution of major mine fires; 32-hour theoretical and practical training cycle, followed by a review before the competent Czech Mining Authority;
in Italy:
- geometer ("gemetra")
- agricultural technician ("peritoagrario"), who represent technical secondary education cycles of at least thirteen years of age, eight years of compulsory schooling followed by five years of secondary schooling, three years of vocational-oriented studies, sanctioned by the examination of the technical baccalaureate and completed:
(i) in the case of the geometer, either by a practical internship of at least two years in a professional office or by a professional experience of five years;
ii) in the case of agricultural technicians, by the completion of a practical internship of at least two years,
follow-up to the State examination;
in Latvia:
- locomotive driver assistant ("Vilces lidzekla vaditaja (masinista) paligs"), person at least eighteen years of age; which represents a total of twelve years of training, including at least eight years of basic education and at least four years of professional education. Vocational training is sanctioned by the employer's special examination. Obtaining a certificate of fitness issued by a competent authority for five years;
in the Netherlands:
- judicial officer ("gerechtsdeurwaarder")
- dental prothesist ("tandprotheticus"), which represents a cycle of study and vocational training:
(i) in the case of the judicial officer ("gerechtsdeurwaarder"), of a total duration of at least nine years, including eight years of compulsory schooling followed by eight years of secondary schooling, four years of technical education sanctioned by a State examination, and completed three years of theoretical and practical training focused on the exercise of the profession;
(ii) in the case of the dental prothesist ("Tandprotheticus"), for a period of not less than fifteen years full-time and three years part-time, including eight years of primary education, four years of general secondary education and three years of vocational training, including theoretical and practical training of dental mechanic, supplemented by a three-year part-time training as a dental prothesist, sanctioned by a examination;
in Austria:
- forest ("Förster")
- Technical Office ("Technisches Büro")
- ready to work ("Überlassung von Arbeitskräften - Arbeitsleihe")
- labour placement ("Arbeitsvermittlung")
- placement advisor ("Vermögensberater")
- professional investigator ("Berufsdetektiv")
- guardianship ("Bewachungsgewerbe")
- real estate broker (" Immobilienmakler")
- manager of buildings (" Immobilienverwalter")
- manufacturer-promotor, developer ("Bauträger, Bauorganisator, Baubetreuer");
- debt recovery office ("Inkassobüro/Inkassoinstitut"), which represents a cycle of studies and training of a total duration of at least fifteen years, of which eight years of compulsory education followed by at least five years of technical or commercial secondary education sanctioned by a technical or commercial examination (maturity level), completed by at least two years of education and training on the workplace sanctioned by
- consulting insurer (" Berater in Versicherungsangelegenheiten") that represents a cycle of study and training for a total of fifteen years, including a six-year training in a structured training framework that is divided into three-year learning and a three-year practice and training period, sanctioned by a review;
- projector entrepreneur ("Planender Baumeister")
- master carpenter projector ("Planender Zimmermeister", which represents a cycle of studies and training of at least eighteen years, including a vocational training of at least nine years subdivided in four years of technical secondary education and five years of professional practice and training sanctioned by a professional examination that confers the right to practise the profession and to train apprentices, to the extent that this training
- Commercial accountant ("Gewerblicher Buchhalter", under the Gewerbeordnung 1994 (Trade, Crafts and Industry Act 1994);
- independent accountant ("Selbständiger Buchhalter"), by virtue of the Bundesgesetz über die Wirtschaftstréuhandberufe of 1999 (Public Accounts Professions Act 1999);
in Poland:
- technician of the administration of basic car technical control in a technical control service ("diagnosta przeprowadzajacy badania techniczne w stacji kontroli pojazdów o podstawowym zakresie badan"), which represents eight years of basic education and five years of technical instruction in a secondary school, focused on the automotive field, a basic training in
- technician of the administration of technical auto control in a regional technical control service ("diagnosta przeprowadzajacy badania techniczne pojazdu w okregowej stacji kontroli pojazdów"), which represents eight years of basic education and five years of technical education in a secondary school, focused on the automotive field, a basic training in the field of technical control
- technician of the administration of the automotive technical control ("diagnosta wykonujacy badania techniczne pojazdów w stacji kontroli pojazdów"), which represents:
(i) eight years of basic education and five years of technical education in a secondary school, focused on the automotive sector, as well as four years of practice certified in a technical inspection service or in a garage; or
(ii) eight years of basic education and five years of technical education in a secondary school, focusing on a field other than the automobile, as well as eight years of practice attested to in a technical inspection service or in a garage, and full training, including basic training and specialized training, totaling 113 hours and including reviews at each level.
The duration in hours and the general scope of the specific courses within the framework of the complete training of technicians are specified separately in the regulations of the Ministry of Infrastructure of November 28, 2002 on the specific requirements applicable to technicians (OJ of 2002, no. 208, section 1769).
- regulation of railways ("dyzurny ruchu"), which represents eight years of basic education and four years of professional education in a secondary school with specialization in rail transport as well as a training cycle of forty-five days preparing for the exercise of the regulatory profession and the success of the qualification examination, or which represents eight years of basic education and five years of professionalization
5. Training in the United Kingdom, admitted as "National vocational qualifications" or as "Scottish vocational qualifications"
Training in the activities of:
- Registered veterinary nurse (" listed veterinary nurse")
- Electrician mine engineer (“electronic mine”),
- Mechanic Mine Engineer ("Mechanical Engineen Mine")
- dental practitioner (" dental therapist")
- dental assistant (" dental hygienist")
- opticien lunetier (" opticien dispensing")
- Deputy Director of Mine ("Ministry Mine")
- Judicial administrator ("insoivency practitionen")
- "Conveyancern agréé ("auto conveyancen")
- second patron - ships of goods and passengers without restrictions ("first mate - freight/passenger ships - unrestricted")
- lieutenant - ships of goods and passengers without restrictions ("second mate - freight/passenger ships - unrestricted")
- second lieutenant-ship of goods and passengers without restrictions ("third mate - freight/passenger skips - unrestricted")
- quartermaster of bridge-ships of goods and passengers without restrictions ("deck officer - freight/passenger ships - unrestricted")
- Class 2 mechanic officer-ships of goods and travellers - unlimited operating area ("engine officer- freight/passenger ships - unlimited trading area")
- qualified technician in the field of waste management ("certified technically competent person in waste management"), leading to qualifications admitted as "National vocational qualifications" (NVQ), or admitted to Scotland as "Scottish vocational qualifications", which are located at levels 3 and 4 of the "National framework of vocational qualifications" of the United Kingdom.
Levels 3 and 4 correspond to the following definitions:
Level 3: Ability to perform a wide range of tasks in very diverse situations, most of which are complex and non-routinal tasks. The share of responsibility and autonomy is considerable, and the functions performed at this level often involve the supervision or supervision of others,
- level 4: ability to perform a wide range of complex, technical or specialized tasks in very diverse situations, with a significant share of personal responsibility and autonomy. Functions at this level often involve the responsibility for work performed by others and the distribution of resources.
____
Note
(1) From 1^er June 1994, the professional title of "Krankengymnast(in)" is replaced by "Physiotherapeut(in)". However, members of this profession who graduated before that date may, if they wish, continue to be named "Krankengymnast(in)".

ANNEX III
List of regulated training
referred to in Article 15, § 2, third paragraph
In the United Kingdom:
Regulated formations leading to qualifications admitted as "National Vocational Qualifications" (NVQ) or admitted to Scotland as "Scottish Vocational Qualifications", which are located at levels 3 and 4 of the "National Framework of Vocational Qualifications" of the United Kingdom.
These levels correspond to the following definitions:
Level 3: Ability to perform a wide range of tasks in very diverse situations, most of which are complex and non-routinal tasks. The share of responsibility and autonomy is considerable, and the functions performed at this level often involve the supervision or supervision of others,
- level 4: ability to perform a wide range of complex, technical or specialized tasks in very diverse situations, with a significant share of personal responsibility and autonomy. Functions at this level often involve the responsibility for work performed by others and the distribution of resources.
In Germany:
The following regulated trainings:
- regulated trainings preparing for the professions of technical assistant ("technische(r) Assistent(in)") and commercial assistant ("kaufmaennische(r) Assistent(in)") and social professions ("beziale Berufehr") and the profession of teacher in breathing, speech and voice ("staatlich gepruefte(r) Atem-
(i) at least three years (1) of vocational training in a specialized school ("Fachschule"), which is sanctioned by a examination, supplemented possibly by a specialization cycle of one or two years, punishable by examination;
(ii) at least two and a half years in a specialized school ("Fachschule"), sanctioned by an examination and supplemented by a professional practice of at least six months or a vocational training course of at least six months in an approved establishment;
(iii) at least two years in a specialized school ("Fachschule"), sanctioned by an examination and completed by a professional practice of at least one year or a professional internship of at least one year in a registered establishment;
- regulated trainings for technicians ("Techniker(in)"), business economists (" Betriebswirt(in)"), designers ("Gestalter(in)") and family assistants ("Familienpfleger(in)") graduated by the state ("staatlich geprueft"), of a total duration of at least sixteen years, which presuppose
- regulated training and regulated continuous training, of a total duration of not less than fifteen years, which presuppose, as a general rule, the completion of compulsory education (minimum of nine years) and completed vocational training (in general three years) and which generally include a professional practice of not less than two years (in general three years) as well as a examination in the framework of continuous training for
In the Netherlands:
- regulated trainings of a total duration of not less than fifteen years, which presuppose the completion of eight years of primary education followed by four years of average general secondary education ("MAVO"), preparatory vocational education ("VBO") or secondary general education of a higher level, in addition to three or four years of training in a vocational secondary school ("MBO"), sanctioned by a review
- regulated trainings of a total duration of at least sixteen years, which presuppose the completion of eight years of primary education followed by four years of teaching being at least the preparatory professional level ("VBO") or general secondary education at the higher level, to which are added at least four years of vocational training in apprenticeship, including a theoretical level in an institution at least one day per week and, the rest of the week,
In Austria:
- training in higher vocational education institutions ("Berufsbildende Höhere Schulen") and higher education institutions in the field of agriculture and forestry ("Höhere Land- und Forstwirtschaftliche Lehranstalten"), including those of a particular type ("Einschliesslich der Sonderrnormen"),
These training courses are at least thirteen years of age and include five-year vocational training, sanctioned by a final examination whose success is proof of professional competence;
- trainings in master craftsmen's schools ("Meisterschulen"), master craftsmen's classes ("Meisterklassen"), schools designed to train master craftsmen in the industrial sector ("Werkmeisterschulen") or schools designed to train artisans in the construction field ("Bauhandwerkerschulen"), whose structure and level are determined by legal provisions,
These training courses have a total duration of at least thirteen years, including nine years of compulsory schooling, followed by at least three years of professional training in a specialized school, or at least three years of alternate training in company and in a professional school ("Berufsschule"), sanctioned in both cases by a examination, and completed by the success of a training of at least one year in a school for masters In most cases, the total duration of the training is at least fifteen years, including periods of professional experience that either precede the training cycles within the institutions, or are accompanied by part-time training (at least 960 hours).
____
Note
(1) The minimum duration of three years may be reduced to two years if the person concerned has the qualification necessary to access the university ("Abir"), i.e. thirteen years of pre-training, or the qualification necessary to access the "Fachhochschulen" ("Fachhochschulreife"), which is twelve years of pre-training.

Annex lV
Activities related to professional experience categories
Articles 19, 20 and 21
List 1
Classes covered by Directive 64/427/EEC,
as amended by Directive 69/177/EEC,
and guidelines 68/366/EEC and 82/489/EEC
1
Directive 64/427/EEC
(Directive of liberalization: 64/429/EEC)
NICE Nomenclature (corresponding to classes 23-40 CITI)
Class 23 Textile industry
232 Transformation of textile materials on woollen material
233 Transformation of textile materials on cotton material
234 Transformation of textile materials on silkware
235 Transformation of textile materials on linen and hemp equipment
236 Industrie des autres fibres textiles (jute, fibres dures, etc.), corderie
237.
238 Completion of textiles
239 Other textile industries
Class 24 Manufacture of shoes, clothing and bedding items
241 Mechanical manufacture of shoes (excluding rubber and wood)
242 Handmade and shoe repair
243 Manufacture of clothing items (excluding furs)
244 Fabrication of mattress and bedding
245 Strawberry and fur industries
Class 25 Wood and cork industry (excluding wood furniture industry)
251 Wood sawing and industrial preparation
252 Manufacture of semi-finished wood products
253 Charpente, carpentry, parquet (serial manufacture)
254 Wood packaging manufacturing
255 Manufacture of other wooden works (excluding furniture)
259 Manufacture of articles in straw, cork, vannerie and brushwork
Class 26 260 Wooden furniture industry
Class 27 Paper industry and paper manufacturing
271 Manufacture of paste, paper and cardboard
272 Transformation of paper and cardboard, manufacture of articles in paste
Class 28 280 Printing, publishing and other industries
Class 29 Leather industry
291 Tannerie-mégisserie
292 Manufacture of leather and similar articles
Ex-class 30 Rubber, plastics, artificial or synthetic fibres and amylaced products
301 Transformation of rubber and asbestos
302 Transformation of plastics
303 Production of artificial and synthetic fibres
Ex-class 31 Chemical industry
311 Manufacture of basic chemicals and subsequent processing of more or less developed chemicals
312 Specialized manufacture of chemicals primarily for industry and agriculture (add here the manufacture of vegetable or animal fats and industrial oils contained in group 312 ISIC)
313 Specialized manufacture of chemicals primarily for domestic consumption and administration (refer to the manufacture of medicinal and pharmaceutical products (ex group 319 ISIC))
Class 32 320 Petroleum Industry
Class 33 Non-metallic minerals industry
331 Manufacture of terracotta construction materials
332 Glass industry
333 Manufacture of stoneware, porcelain, faiences and refractory products
334 Manufacturing of cement, lime and plaster
335 Manufacture of construction materials and public works in concrete, cement and plaster
339 Work of stone and non-metallic mineral products
Class 34 Production and first transformation of ferrous and non-ferrous metals
341 Surgery (according to the ECSC Treaty, including integrated steel coking)
342 Manufacture of steel tubes
343 Trefilage, stretching, leaf rolling, cold profiling
344 Production and first transformation of non-ferrous metals
345 Ferrous and non-ferrous metal foundries
Class 35 Manufacture of metal works (excluding transport machinery and equipment)
351 Forge, stamping, matricing, big punching
352 Second metal processing and coating
353 Metallic construction
354 Boiling, tank construction and other sheet metal parts
355 Manufacture of finished metal tools and articles, excluding electrical equipment
359 Auxiliary activities of mechanical industries
Class 36 Construction of non-electrical machines
361 Construction of agricultural machinery and tractors
362 Construction of office machines
363 Construction of machine tools for the work of metals, tools and machinery
364 Construction of textile machines and their accessories, manufacture of sewing machines
365 Machinery and appliance construction for food, chemical and related industries
366 Construction of equipment for mines, steelwork and foundries, for civil engineering and the building; construction of lifting and handling equipment
367 Manufacturing of transmission organs
368 Construction of other specific materials
369 Construction of other non-electrical machines and appliances
Class 37 Construction of electrical machinery and supplies
371 Manufacture of wires and electrical cables
372 Manufacture of electrical equipment (engines, generators, transformers, switches, industrial equipment, etc.)
373 Manufacture of electrical equipment for use
374 Manufacturing of telecommunications equipment, counters, measuring equipment and electromedical equipment
375 Construction of electronic devices, radio, television, electroacoustic
376 Manufacture of electrodomestic devices
377 Manufacture of lamps and lighting equipment
378 Manufacturing batteries and accumulators
379 Repair, installation, technical installation work (installation of electric machines)
Ex-class 38 Construction of transport equipment
383 Construction of automobiles and spare parts
384 Independent repair workshops for cars, motorcycles or cycles
385 Construction of motorcycles, cycles and spare parts
389 Construction of transport equipment n.d.a.
Class 39 Miscellaneous manufacturing industries
391 Manufacture of precision instruments, measuring and control equipment
392 Manufacture of medico-surgical and orthopaedic equipment (excluding orthopaedic shoes)
393 Manufacture of optical and photographic instruments
394 Manufacture and repair of watches and clocks
395 Jewellery, goldsmithery, jewellery and gemstone size
396 Manufacture and repair of musical instruments
397 Manufacture of games, toys and sports items
399 Other manufacturing industries
Class 40 Building and Civil Engineering
400 Building and Civil Engineering (without specialization), demolition
401 Construction of buildings (house and other)
402 Civil engineering: construction of roads, bridges, railways, etc.
403 Installation
404 Aménagement
2
Directive 68/366/EEC
(Directive of liberalization: 68/365/EEC)
Nomenclature NICE
Class 20A 200 Plant and animal fats industries
20B Food industries (excluding beverage manufacturing)
201 Livestock slaughter, meat preparation and canning
202 Milk industry
203 Manufacture of fruit and vegetable cans
204 Manufacture of canned fish and other seafood products
205 Grain work
206 Bakery, pastry, biscottery, biscuitry
207 Sugar Industry
208 Cocoa, chocolate and sugar confectionery industry
209 Manufacture of miscellaneous food products
Class 21 Beverage Manufacturing
211 Manufacturing ethyl alcohol, yeast and spirits industry
212 Wine and similar beverages industry not malted
213 Brasserie et malterie
214 Industry of sanitary and gaseous water drinks
Ex 30 Rubber, plastics, artificial or synthetic fibres and amylaced products
304 Amylaced Products Industry
3
Directive 82/489/EEC
Nomenclature CITI
Ex 855 Hairdressers (excluding pedicure activities and professional beauty care schools)
List II
Classes covered by guidelines 75/368/EEC, 75/369/EEC
and 82/470/EEC
1
Directive 75/368/EEC (activities under Article 5, paragraph 1)
Nomenclature CITI
Ex 04 Fishing
043 Fishing in Inland Waters
Ex 38 Construction of transport equipment
381 Shipbuilding and Ship Repair
382 Construction of railway equipment
386 Aircraft construction (including space equipment construction)
Ex 71 Auxiliary transport activities and non-transport activities in the following groups
Ex 711 Operation of bed and restorative wagons; maintenance of railway equipment in repair workshops; car cleaning
Ex 712 Maintenance of urban, sub-urban and long distance passenger transport equipment
Ex 713 Maintenance of other passenger road transport equipment (such as automobiles, coaches, taxis)
Ex 714 Operation and maintenance of auxiliary works of road transport (such as roads, tunnels and toll road bridges, bus stations, car parks, bus and tram depots)
Ex 716 Auxiliary activities related to inland navigation (such as waterway operation and maintenance, ports and other inland navigation facilities; towing and flying in ports, marking, loading and unloading of boats and other similar activities, such as boat rescue, hauling, canoe garage operation)
73 Communications: posts and telecommunications
Ex 85 Personal Services
854 Laundry, dry cleaning, dyeing
Ex 856 Photo studios: portraits and commercial photography, with the exception of reporter-photographer activity
Ex 859 Personal services not classified elsewhere (only maintenance and cleaning of buildings or premises)
2
Directive 75/369/EEC (Article 6: when the activity is considered industrial or artisanal)
Nomenclature CITI
Field exercise of the following activities:
(a) Purchase and sale of goods:
- by street merchants and hawkers (ex-group 612 ISIC),
- on markets covered outside of facilities fixed in a stable manner on the ground and on uncovered markets;
(b) activities under transitional measures already adopted that expressly exclude the ambulant form of these activities or do not mention it
3
Directive 82/470/EEC (art. 6, paras. 1 and 3) Groups 718 and 720 of the CITI nomenclature
These activities include:
- act as an intermediary between the contractors of the various modes of transport and the persons who ship or ship goods, as well as carry out various related operations:
(aa) by entering into contracts with transport contractors on behalf of contractors;
(bb) by choosing the mode of transport, the company and the itinerary deemed to be the most advantageous for the contractor;
(cc) preparing transport from a technical point of view (e.g. packaging for transport); by performing various incidental operations during carriage (e.g. by providing ice supply for refrigerant cars);
(dd) by carrying out transport-related formalities, such as the drafting of car letters; by grouping and unbundling shipments;
(ee) coordinating the various parts of a transport by ensuring transit, shipping, trans-shipment and various terminal operations;
(ff) by providing freight to carriers and transport opportunities to persons who ship or ship goods, respectively:
- to calculate transportation costs, to control the count,
- to carry out certain actions on a permanent or occasional basis, on behalf of a shipowner or a marine carrier (with the port authorities, companies supplying the ship, etc.).
(Activities listed in Article 2, Item A (a), (b) and (d)).
List III
Guidelines 64/222/EEC, 68/364/EEC, 68/368/EEC, 75/368/EEC, 75/369/EEC, 70/523/EEC and 82/470/EEC
1
Directive 64/222/EEC
(Guidelines: 64/223/EEC and 64/224/EEC)
1. Non-earmarked activities related to wholesale trade, with the exception of medicines and pharmaceuticals, toxic products and pathogens and coal (group ex 611).
2. Professional activities of the intermediary responsible, under one or more terms, to prepare or enter into commercial transactions on behalf of others.
3. Professional activities of the intermediary who, without being permanently charged, reports to persons wishing to contract directly, prepare their commercial operations or assist in their conclusion.
4. Professional activities of the intermediary who enters into commercial transactions on behalf of others.
5. Professional activities of the intermediary that performs on behalf of others of sales, at wholesale auction.
6. Professional activities of the intermediary who makes the door-to-door to collect orders.
7. Activities of service services performed on a professional basis by an employee intermediary who is at the service of one or more companies, commercial, industrial or artisanal.
2
Directive 68/364/EEC
(Directive of liberalization: 68/363/EEC)
Ex group 612 ISIC Retail
Activities excluded:
012 Rental of agricultural machinery
640 Real estate, rental
713 Car, car and horse rental
718 Car and railway car rental
839 Rental of machinery for commercial houses
841 Rental of cinemas and films
842 Rental of places and theatre equipment
843 Rental of boats, bicycles and slot machines
853 Rental of furnished rooms
854 Rental of laundry blanchi
859 Rental of clothing
3
Directive 68/368/EEC
(Directive of liberalization: 68/367/EEC)
Nomenclature CITI
Ex-class 85 ISIC
1. Restaurants and Beverages (Group 852 ISIC)
2. Furnished hotels and similar establishments, campgrounds (Group 853 CITI)
4
Directive 75/368/EEC (art. 7)
All activities in the annex to Directive 75/368/EEC, except for the activities in section 5, paragraph 1, of this directive (list 11, item 1, of this annex)
Nomenclature CITI
Ex 62 Banks and other financial institutions
Ex 620 Patent and royalty distribution companies
Ex 71
Ex 713 Road transport of passengers, excluding transport by motor vehicles
Ex 719 Operation of pipelines for the transport of liquid hydrocarbons and other liquid chemicals
Ex 82 Community Services
827 Libraries, museums, botanical and zoological gardens
Ex 84 Recreational services
843 Recreational services not classified elsewhere:
- sports activities (sports courts, sports meetings, etc.), with the exception of sports monitor activities;
- games activities (courses, playgrounds, racing fields, etc.)
- other recreational activities (circa, amusement parks, other entertainment, etc.)
Ex 85 Personal Services
Ex 851 Domestic services
Ex 855 Institutes of beauty and manicure activities, excluding pedicure activities, professional schools of beauty care and hairstyle
Ex 859 Personal services not classified elsewhere, with the exception of sports and paramedical massagers and mountain guides, grouped as follows:
- disinfection and pest control,
- renting clothes and keeping objects,
- matrimonial agencies and similar services,
- divine and conjectural activities,
- hygienic services and related activities,
- funeral pumps and cemeteries maintenance,
5
Directive 75/369/EEC (art. 5)
Field exercise of the following activities:
(a) the purchase and sale of goods:
- by street merchants and hawkers (exgroup 612 ISIC),
- on markets covered outside of facilities fixed in a stable manner on the ground and on uncovered markets;
(b) activities subject to transitional measures that expressly exclude or mention the ambulant form of these activities.
6
Directive 70/523/EEC
Non-earmarked activities related to coal wholesale trade and coal intermediary activities (ex-group 6112, ISIC nomenclature)
7
Directive 82/470/EEC (art. 6, para. 2)
(Activities mentioned in article 2, point A (c) and (e), point B (b), points C and D )
These activities include:
- give for rent railway cars or cars for the transport of persons or goods,
- be the intermediary for the purchase, sale or lease of ships,
- prepare, negotiate and enter into contracts for the transport of emigrants,
- to receive all items and goods on deposit, on behalf of the depositor, under customs or non-custodial regime, in warehouses, general stores, furniture stores, refrigerated warehouses, elevators, etc.,
- to issue to the applicant a title representing the object or goods received in deposit,
- provide parks, food and sales locations for livestock in temporary custody, either before sale, or in transit to or from the market,
- perform the control or technical expertise of motor vehicles,
- measuring, weighing, weighing the goods.
For the consultation of the table, see image