Council Directive 93/16/EEC (repealed)Show full title

CHAPTER IVU.K.EXISTING CIRCUMSTANCES

Article 9U.K.

1.Without prejudice to paragraph 3, in the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in medicine do not satisfy all the minimum training requirements laid down in Article 23, each Member State shall recognize, as being sufficient proof, the diplomas, certificates and other evidence of formal qualifications in medicine awarded by those Member States when they attest to training which commenced before:

• 1 January 1986 for Spain and Portugal,

• 1 January 1981 for Greece,

• 20 December 1976 for the other Member States,

• [F1 [F2the date of accession for Austria, Finland and Sweden,] ]

• [F3the date of accession for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,]

• [F4the date of accession for Bulgaria and Romania,]

accompanied by a certificate stating that those nationals have effectively and lawfully been engaged in the activities in question for at least three consecutive years during the five years prior to the date of issue of the certificate.

2.Without prejudice to paragraph 4, in the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in specialized medicine do not satisfy the minimum training requirements pursuant to Articles 24 to [F526], each Member State shall recognize, as sufficient proof, the diplomas, certificates and other evidence of formal qualifications in specialized medicine awarded by those Member States when they attest to training which commenced before:

• 1 January 1986 for Spain and Portugal,

• 1 January 1981 for Greece,

• 20 December 1976 for the other Member States[F6,]

• [F1 [F2the date of accession for Austria, Finland and Sweden [F7,] ] ]

• [F3the date of accession for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia [F8.] ]

• [F4the date of accession for Bulgaria and Romania.]

The host Member State may require that the diplomas, certificates and other evidence of formal qualifications in specialized medicine be accompanied by a certificate issued by the competent authorities or bodies of the Member State of origin or in the Member State from which they come, stating that the holders have, in specialized medicine, been engaged in activities in question for a period equivalent to twice the difference between the period of specialized training of the Member State of origin or of the Member State from which they come, and the minimum requirements regarding the duration of training laid down in Title III, where these periods are not equal to the minimum training periods laid down in [F5Article] [F926 and ] [F526].

However, if, before the dates given in the first subparagraph, the host Member State required a minimum training period less than the one at issue referred to in [F5Article] [F926 and ] [F526], the difference mentioned in the second subparagraph can only be determined by reference to the minimum training period laid down by that State.

[F102a. Member States shall recognise evidence of formal qualifications in specialised medicine awarded in Spain to doctors who completed specialised training before 1 January 1995 which did not comply with the formal training requirements laid down in Articles 24 to 27, if the evidence is accompanied by a certificate awarded by the competent Spanish authorities attesting to the fact that the person concerned has passed the test of specific professional competence organised in the context of the special regularisation measures contained in Royal Decree 1497/99 with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of doctors holding the specialist doctors' qualifications which, in the case of Spain, are referred to in Articles 5(3) and 7(2).]

3.In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in medicine attest to training received on the territory of the former German Democratic Republic which does not satisfy all the minimum training requirements laid down in Article 23, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:

• they attest to training commenced before German unification,

• they entitle the holder to pursue the activities of a doctor throughout the teritory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in [F5Annex A],

• they are accompanied by a certificate issued by the competent German authorities stating that those nationals have effectively and lawfully been engaged in the activities in question in Germany for at least three consecutive years during the five years prior to the date of issue of the certificate.

4.In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in specialized medicine attest to training received on the territory of the former German Democratic Republic which does not satisfy the minimum training requirements laid down in Articles 24 to [F526], Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:

• they attest to training commenced before 3 April 1992, and

• they permit the pursuit, as a specialist, of the activity in question throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in [F5Article] [F95 and ] [F55].

They may, however, require that these diplomas, certificates or other evidence of formal qualifications be accompanied by a certificate issued by the competent German authorities or bodies stating that the holders have, as specialists, been engaged in the acitivity in question for a period equivalent to twice the difference between the period of specialized training received on German territory and the minimum duration of training laid down in Title III where they do not satisfy the minimum requirements regarding the duration of training laid down in [F5Article] [F926 and ] [F526].

5.In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in medicine or in specialized medicine do not conform with the qualifications or designations set out in [F5Annex A [F9, 5 or [F10in Article [F5 5, each Member State shall recognize as being sufficient proof the diplomas, certificates and other evidence of formal qualifications awarded by those Member States, accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that these diplomas, certificates and other evidence of formal qualifications in medicine or in specialized medicine were awarded following training in accordance with the provisons of Title III referred to, as appropriate, in Article 2, [F94 ]or [F54], and are treated by the Member State which awarded them as the qualifications or designations set out, as appropriate, in Annex A] , 5] or in Article] 5].

6.Those Member States which have repealed the provisions laid down by law, regulation or administrative action relating to the award of diplomas, certificates and other evidence of formal qualifications in neuro-psychiatry, radiology, thoracic surgery, vascular surgery, gastro-enterological surgery, biological haematology, physiotherapy or tropical medicine and have taken measures relating to acquired rights on behalf of their own nationals, shall recognize the right of nationals of the Member States to benefit from those same measures, provided their diplomas, certificates and other evidence of formal qualifications in neuro-psychiatry, radiology, thoracic surgery, vascular surgery, gastro-enterological surgery, biological haematology, physiotherapy or tropical medicine fulfil the relevant conditions set out either in paragraph 2 of this Article or in Articles 24, 25 and [F526] and in so far as the said diplomas, certificates and other evidence of formal qualifications were awarded before the date on which the host Member States stopped awarding such diplomas, certificates and other evidence of formal qualification in the specialization concerned.

7.The dates on which the Member States concerned repealed the provisions laid down by law, regulation or administrative action in respect of the diplomas, certificates and other evidence of formal qualifications referred to in paragraph 6 are set out in Annex II.

[F3Article 9a U.K.

1. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine were awarded by, or whose training started in, the former Czechoslovakia before 1 January 1993, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine as being sufficient proof when the authorities of the Czech Republic attest that those qualifications have, on its territory, the same legal validity as Czech qualifications in medicine and specialised medicine as regards access to the medical profession and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of the Czech Republic for at least three consecutive years during the five years prior to the date of issue of the certificate.

2. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine were awarded by, or whose training started in, the former Soviet Union before 20 August 1991, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine as being sufficient proof when the authorities of Estonia attest that those qualifications have, on its territory, the same legal validity as Estonian qualifications in medicine and specialised medicine as regards access to the medical profession and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Estonia for at least three consecutive years during the five years prior to the date of issue of the certificate.

3. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine were awarded by, or whose training started in, the former Soviet Union before 21 August 1991, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine as being sufficient proof when the authorities of Latvia attest that those qualifications have, on its territory, the same legal validity as Latvian qualifications in medicine and specialised medicine as regards access to the medical profession and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Latvia for at least three consecutive years during the five years prior to the date of issue of the certificate.

4. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine were awarded by, or whose training started in, the former Soviet Union before 11 March 1990, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine as being sufficient proof when the authorities of Lithuania attest that those qualifications have, on its territory, the same legal validity as Lithuanian qualifications in medicine and specialised medicine as regards access to the medical profession and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Lithuania for at least three consecutive years during the five years prior to the date of issue of the certificate.

5. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine were awarded by, or whose training started in, the former Czechoslovakia before 1 January 1993, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine as being sufficient proof when the authorities of Slovakia attest that those qualifications have, on its territory, the same legal validity as Slovak qualifications in medicine and specialised medicine as regards access to the medical profession and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Slovakia for at least three consecutive years during the five years prior to the date of issue of the certificate.

6. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine were awarded by, or whose training started in, Yugoslavia before 25 June 1991, each Member State shall recognise those diplomas, certificates and other evidence of formal qualifications in medicine and specialised medicine as being sufficient proof when the authorities of Slovenia attest that those qualifications have, on its territory, the same legal validity as Slovenian qualifications in medicine and specialised medicine as regards access to the medical profession and practice thereof. Such attestation must be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in the activity in question in the territory of Slovenia for at least three consecutive years during the five years prior to the date of issue of the certificate.]

[F4Article 9b U.K.

1. By way of derogation from the present Directive, Bulgaria may authorise the holders of the qualification of ‘ фелдшер ’ (feldsher) awarded in Bulgaria before 31 December 1999 and exercising this profession under the Bulgarian national social security scheme on 1 January 2000 to continue to exercise the said profession, even if parts of their activity fall under the present Directive.

2. The holders of the Bulgarian qualification of ‘ фелдшер ’ (feldsher) referred to in paragraph 1 are not entitled to obtain professional recognition in other Member States under this Directive.]