AGREEMENTON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS OF DOCTORS OF MEDICINE, DOCTORS OF DENTAL MEDICINE AND ARCHITECTS IN THE CENTRAL EUROPEAN FREE TRADE AGREEMENT CONTEXT("Off. Herald of RS - Treaties", No. 3/2023) |
The representatives of Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia (hereinafter referred to as "Parties")
______
*This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
IN THE CONTEXT of economic integration, pursuant to the Central European Free Trade Agreement ("CEFTA") 2006, in line with Article V of the General Agreement on Trade in Services, and for purposes of furthering the liberalisation of trade in services within the CEFTA;
HAVING IN MIND the goals and priorities stipulated by the Common Regional Market Action Plan 2021-2024 ("CRM") aimed at removing obstacles to the recognition of professional qualifications, by adopting and implementing a "European Union (EU) framework for automatic recognition of professional qualifications for 7 professions and the EU system of automatic recognition" based on the coordination of minimum training conditions;
NOTING that no provision of this Agreement may be interpreted as to exempt the Parties from their respective rights and obligations under existing treaties;
AIMING to encourage the mobility of professionals, better matching of skills with labour market needs and increased productivity;
UNDERLINING the objectives of promoting regulatory harmonisation and approximating the laws and regulations of the Parties with European Union (EU) law; in particular seeking to enable free movement of professionals by transposing into the regional framework Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualification, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013;
INTENDING to establish the automatic recognition of professional qualifications based on minimum training requirements and to apply it to all 3 professions laid down in this Agreement and the aforementioned Directive and to appoint the professions which satisfy the appliance of the minimum training requirements within the Annexes in not more than 2-year time to extend it to other four professions upon the adoption of this Agreement;
Have agreed as follows:
GENERAL PROVISIONS
Article 1
1. This Agreement establishes the rules on automatic recognition of evidence of formal qualifications based on minimum training conditions within Parties for access to and performance of the regulated profession, as well as harmonized minimum training conditions in one or more other Parties, and which allow the holders of said qualification (hereinafter: professionals) to pursue the same profession in a Party (hereinafter: receiving Party) other than the Party in which they obtained their professional qualifications (hereinafter: referred to as the issuing Party).
2. Terms used in this Agreement which have a gender meaning, regardless of whether they are used in the masculine or feminine gender, include both masculine and feminine gender, and any other gender recognized by the Parties.
Article 2
1. This Agreement shall apply to natural persons, as defined in Annex I of the Additional Protocol 6, as professionals of the issuing Party wishing to pursue a regulated profession in a receiving Party contingent upon the harmonized minimum training conditions, on either a self-employed or employed basis. Each Party will allow a professional of the issuing Party, in possession of evidence of professional and formal qualifications within the meaning of Article 3(1)(b) which are not obtained in the receiving Party to pursue a regulated profession within the meaning of Article 3(1)(a) within such a Party in accordance with its rules and relevant legislation. This recognition shall respect the minimum training conditions laid down in this Agreement. If evidence of formal qualification is not in line with the minimum training conditions, as laid down in this Agreement, the recognition of professional qualification shall be subject to a General system of recognition.
2. This Agreement applies to the following professionals: doctors of medicine, doctors of dental medicine, and architects, as defined and listed in Annex I, Annex II and Annex III, respectively.
3. Each Party shall submit to the Joint Working Group on Recognition of Professional Qualifications the laws, regulations and administrative provisions, which it adopts with regard to the issuing of evidence of formal qualifications in the professions covered by this Agreement.
4. For the purpose of implementation and application of this Agreement, higher education institutions shall have accredited study programmes and/or licensed study programmes harmonized with the minimum training requirements laid down in the Annexes of this Agreement.
Article 3
For the purposes of the present Agreement, the following definitions apply:
(a) ‘regulated profession’: a professional activity or group of professional activities, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications; in particular, the use of a professional title limited by legislative, regulatory, or administrative provisions to holders of a given professional qualification shall constitute a mode of pursuit;
(b) ‘professional qualifications’: qualifications attested by evidence of formal qualifications, an attestation of competence issued by a competent authority in the Party designated pursuant to legislative, regulatory or administrative provisions of that Party, on the basis of either a training course or a specific examination, and/or professional experience;
(c) ‘evidence of formal qualifications’: diplomas, certificates and other evidence issued by an authority of a Party designated pursuant to legislative, regulatory or administrative provisions of that Party and certifying successful completion of professional training obtained mainly in a Party;
(d) ‘competent authority’: any authority or body empowered by a Party specifically to issue or receive training diplomas and other documents or information and to receive the applications, and take the decisions, referred to in this Agreement;
(e) ‘regulated education and training’: any training which is specifically geared to the pursuit of a given profession and which comprises a course or courses complemented, where appropriate, by professional training, or probationary or professional practice.
(f) The structure and level of the professional training, probationary or professional practice shall be determined by the laws, regulations or administrative provisions of the Party concerned or monitored or approved by the authority designated for that purpose;
(g) ‘professional experience’: the actual and lawful full-time or equivalent part-time pursuit of the profession concerned in a Party;
(h) ‘professional traineeship’: a period of professional practice carried out under supervision, provided it constitutes a condition for access to a regulated profession, and which can take place either during or after completion of an education leading to a qualification;
(i) ‘natural person’ as defined in the CEFTA framework;
(j) ‘European Credit Transfer and Accumulation System or ECTS credits’: the credit system for higher education used in the European Higher Education Area;
(k) The Joint Working Group on for the Recognition of Professional Qualifications (JWGRPQ);
(l) ‘CEFTA’: Central European Free Trade Agreement;
(m) ‘RCC’: Regional Cooperation Council;
Article 4
Effects of the Recognition
The recognition of professional qualifications by the receiving Party shall allow natural persons to gain access in that Party to the same profession as that for which they are qualified in the issuing Party and to pursue it in the receiving Party under no less favourable conditions as its natural persons.
PRINCIPLES OF RECOGNITION
Article 5
Rules related to professional, statutory or administrative nature
Where a professional moves, the professional shall be subject to professional rules of a professional, statutory or administrative nature which are directly linked to professional qualifications, such as the definition of the profession, the use of titles and serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary provisions which are applicable in the receiving Party to professionals who pursue the same profession in the receiving Party.
Article 6
Principles of automatic recognition
1. Each Party shall recognize evidence of formal qualifications as doctor of medicine giving access to the professional activities of doctor of medicine with basic training and specialized doctor of medicine, as dental practitioner and as specialized dental practitioner, and as architect, listed in Annex I, Annex II, and Annex III, respectively, which satisfy the minimum training conditions referred to in Annex I, Annex II and Annex III respectively, and shall, for the purposes of access to and pursuit of the professional activities, gives such evidence the same effect, as the evidence of formal qualifications, which it itself issues.
Such evidence of formal qualifications must be issued by the competent bodies in the issuing parties and accompanied, where appropriate, by the certificates listed in Annex I, Annex II, and Annex III, respectively.
2. Such updates shall not entail an amendment of existing essential legislative principles in Parties regarding the structure of professions as regards training and conditions of access by natural persons. Such updates shall respect the responsibility of the Parties for the organisation of education systems.
Article 7
The Parties shall, in accordance with the procedures specific to each Party, ensure, by encouraging continuous professional development, that professionals, whose professional qualification is covered by this Agreement, are able to update their knowledge, skills and competences in order to maintain a safe and effective practice and keep abreast of professional developments.
Article 8
Without prejudice to the acquired rights specific to the professions concerned, in cases where the evidence of formal qualifications as doctor of medicine giving access to the professional activities of doctor of medicine with basic training and specialised doctor of medicine, as doctors of dental medicine practitioner and as specialised doctor of dental practitioner, and as architect held by professionals of the Parties, does not satisfy all the training requirements referred to in this Agreement, each Party shall recognise as sufficient proof evidence of formal qualifications issued by those Parties insofar as such evidence attests successful completion of training, which began at dates to be proposed by the Joint Working Group and is accompanied by a certificate stating that the holders have been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.
PROCEDURE FOR THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS
Article 9
Common procedure for the recognition of professional qualifications
1. The receiving Party shall acknowledge the receipt of the application within 30 days of receipt and inform the applicant of any missing document. If the applicant does not submit the supplement to the documentation, the competent body will reject the application as incomplete, unless the candidate justifies the reasons for missing the deadline.
2. The procedure for examining an application for authorization to practice a regulated profession must be completed as quickly as possible and lead to a duly substantiated decision by the competent authority in the receiving Party in any case within three months after the date on which the applicant’s complete file was submitted, and in these events, reasons shall be explained in the recognition decision.
3. The decision, or failure to reach a decision within the deadline, shall be subject to appeal according to the general rules of each Party.
Article 10
The recognition of professional qualifications shall encompass the possibility to resort to an effective recourse mechanism for the applicant. In the case that the recognition is not granted, the applicant must have recourse to an authority, which is differently composed to the one having refused the demand. That authority will decide the appeal after having given the applicant the possibility to be heard within a reasonable period of time.
Article 11
Documents and certificates which may be required of the applicant in accordance with this Agreement
1. Documents
(a) Proof that a person concerned is a natural person of a Party.
(b) Evidence of formal qualifications giving access to the regulated profession in question, as listed in Annex I, Annex II, and Annex III, respectively.
(c) Evidence of professional qualification within the meaning of Article 3(1)(b), accompanied with the certificate of the competent authority stating that the professional has been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.
(d) Where the competent authority of a receiving Party requires of persons wishing to take up a regulated profession proof that they are of good character or repute or that they have not been declared bankrupt, or suspends or prohibits the pursuit of that profession in the event of serious professional misconduct or a criminal offence, that receiving Party shall accept as sufficient evidence, in respect of applicants from Parties wishing to pursue that profession, the production of documents issued by competent authorities in the issuing Party, showing that those requirements are met. Those authorities must provide the documents within a period of two months.
(e) Where the competent authorities of the issuing Party do not issue the documents referred to in the first subparagraph, such documents shall be replaced by a declaration on oath - or, in Parties where there is no provision for declaration on oath, by a solemn declaration - made by the natural person concerned before a competent judicial or administrative authority or, where appropriate, - or qualified professional body of the issuing Party; such authority shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration.
(f) Where a receiving Party requires of its own professional wishing to take up a regulated profession, a document relating to the physical or mental health of the applicant, that Party shall accept as sufficient evidence thereof the presentation of the document required in the issuing Party. Where the issuing Party does not issue such a document, the receiving Party shall accept a certificate issued by a competent authority in that Party. In that case, the competent authorities of the issuing Party must provide the document required within a period of one month.
(g) Where a receiving Party requires professionals to take up a regulated profession, the
- proof of the applicant’s financial standing,
- proof that the applicant is insured against the financial risks arising from the professionals’ professional liability in accordance with the laws and regulations in force in the receiving Party regarding the terms and extent of cover, that Party shall accept as sufficient evidence an attestation to that effect issued by the banks and insurance undertakings of another Party.
(h) Where a Party so requires for professionals, an attestation confirming the absence of temporary or final suspensions from exercising the profession or of criminal convictions shall be provided.
2. Other Certificates
To facilitate the application of the present Agreement, the Parties may prescribe that, in addition to evidence of formal qualifications, the natural person who satisfies the conditions of training required, must provide a certificate from the competent authorities of his/her/its and any other issuing Party stating that this evidence of formal qualifications fulfils the requirements laid down in this Agreement.
3. Format and language
All documents and certificates referred to in this article shall be accepted by the competent authority of the receiving Party in the format and language determined by the legislation of the issuing Party. The receiving Party maintains the right to request translation of documents and certificates in one of its official languages by the applicant.
Article 12
1. If, in a receiving Party, the use of a professional title relating to one of the activities of the profession in question is regulated, applicants from the other Party, who are authorised to practise a regulated profession, shall use the professional title of the receiving Party, which corresponds to that profession in that Party, and make use of any associated initials.
2. Where a profession is regulated in the receiving Party by an association or organisation, applicants from Parties shall not be authorised to use the professional title issued by that organisation or association, or its abbreviated form, unless they furnish proof that they are members of that association or organisation.
3. If the association or organisation makes membership contingent upon certain qualifications, it may do so, only under the conditions laid down in this Agreement, in respect of applicants from other Parties, who possess professional qualifications.
Article 13
The receiving Party shall ensure that the right shall be conferred on the natural persons concerned to use academic titles conferred on them in the issuing Party, and an abbreviated form thereof, in the language of the issuing Party. The receiving Party may require a title to be followed by the name and address of the establishment or examining board it was awarded by. Where an academic title of the issuing Party is liable to be confused in the receiving Party with a title which, in the latter Party, requires supplementary training not acquired by the beneficiary, the receiving Party may require the beneficiary to use the academic title of the issuing Party in an appropriate form, to be laid down by the receiving Party.
DETAILED RULES FOR PURSUING THE PROFESSION
Article 14
1. A Party shall, if deemed necessary, require from the service provider benefiting from the recognition of the professional qualifications to have sufficient knowledge of languages necessary for practicing the profession in the receiving Party.
2. A Party shall ensure that any controls carried out for controlling compliance with the obligation under paragraph 1 shall be limited to sufficient knowledge of one official language of that Party.
3. Any language controls shall be proportionate to the activity to be pursued. The professional concerned shall be allowed to appeal such controls under the law of the receiving Party.
ADMINISTRATIVE COOPERATION
Article 15
1. The Parties shall ensure that the following information is publicly available in English language and through the contact points for services:
(a) a list of all regulated professions in the Party including contact details of the contact persons for each regulated profession according to Article 18(4);
(b) the requirements and procedures for all professions regulated in the Party, including all related fees to be paid by natural persons and documents to be submitted by natural persons;
(c) details on how to appeal, under the laws, regulations and administrative provisions, decisions of Parties adopted in relation to this Agreement.
2. The Parties shall ensure that the information referred to in paragraph 1 is provided in a clear and comprehensive way and that it is easily accessible remotely and by electronic means and that it is kept up to date.
3. The Parties shall ensure that any request for information addressed to the contact points for services is replied to as soon as possible.
Article 16
Joint Working Group on Recognition of Professional Qualifications
1. The Joint Working Group on Recognition of Professional Qualifications (JWGRPQ) shall facilitate and supervise the implementation and application of this Agreement.
2. Members of the JWGRPQ shall be, inter alia, tasked with provision of information and assistance as is necessary concerning the recognition of professional qualifications provided for in this Agreement, such as information on the legislation, regulations and administrative provisions governing the recognition of professional qualifications.
3. Terms of Reference of the JWGRPQ shall be adopted no later than one year after the adoption of this Agreement.
Article 17
1. The Parties shall notify to the JWGRPQ a list of all existing regulated professions, specifying the activities covered by each profession, and a list of regulated education and training, and training with a special structure, no later than 18 months after the adoption of this Agreement. Any change to those lists shall also be notified to the JWGRPQ without undue delay. The CEFTA and RCC Secretariats shall set up and maintain a publicly available database of regulated professions, including a general description of activities covered by each profession.
2. The Parties shall examine whether requirements under their legal system restricting the access to a profession or its pursuit to the holders of a specific professional qualification, including the use of professional titles and the professional activities allowed under such title, referred to in this Article as ‘requirements’ are compatible with the following principles:
(a) requirements must be neither directly nor indirectly discriminatory;
(b) requirements must be justified by overriding reasons of general interest;
(c) requirements must be suitable for securing the attainment of the objective pursued and must not go beyond what is necessary to attain that objective;
(d) Parties shall inform the JWGRPQ about findings thereof.
Article 18
Principles of administrative cooperation
1. The Parties shall work in close collaboration and shall provide mutual assistance in order to facilitate implementation and application of this Agreement. They shall ensure the confidentiality of the information which they exchange.
2. Through the JWGRPQ, the Parties shall exchange information which they deem necessary for the pursuit of activities under this Agreement. In so doing, they shall respect personal data protection rules provided for in the relevant legislation of the Parties.
3. Each Party shall exchange information with other Parties through the JWGRPQ on processes by which they will award or receive evidence of formal qualifications and other documents or information, and receive applications and take the decisions referred to in this Agreement.
4. Through the JWGRPQ, each Party shall provide to the other Parties, the name of a contact person for each regulated profession, who will provide all relevant information and support cooperation between the Parties in relation to that specific regulated profession.
FINAL PROVISIONS
Article 19
The Parties shall bring into force the laws, regulations, and administrative provisions necessary to comply with this Agreement at the latest eighteen months from the entry into force of this Agreement according to its Article 21. The Parties shall inform the JWGRPQ thereof.
Article 20
1. All Annexes form an integral part of this Agreement.
2. The information that must be provided by the Parties in Annex I, Annex II and Annex III shall be provided by the competent authorities and shall be submitted to the JWGRPQ no later than 18 months after this Agreement has entered into force according to its Article 21.
3. The Parties shall ensure that the information provided in Annex I, Annex II and Annex III is maintained up to date and amended as necessary by the JWGRPQ in accordance with Article 6(1)(2) of this Agreement.
Article 21
1. This Agreement is subject to ratification, acceptance, or approval in accordance with the relevant requirements. The formal notice of ratification, acceptance, or approval shall be deposited with the Depositary.
2. This Agreement shall enter into force on the thirtieth day upon the deposition of the third formal notice of ratification, acceptance, or approval for the Parties that have deposited their formal notice of ratification, acceptance, or approval.
3. For each Party depositing its formal notice of ratification, acceptance, or approval after the date of the deposit of the third formal notice of ratification, acceptance or approval, this Agreement shall enter into force on the thirtieth day after the day on which that Party deposits its formal notice of ratification, acceptance, or approval.
4. North Macedonia shall act as Depositary and shall notify all Parties to this Agreement of any notification received in accordance with this Article and any other act or notification relating to this Agreement.
Article 22
1. Each Party may propose amendments to the Agreement by sending a written notification to the Depositary. The Depositary shall refer this notification to the JWGRPQ referred to in Article 16 of this Agreement.
2. Proposals of amendments shall be adopted by consensus of all members of the JWGRPQ. These proposals shall be referred to CEFTA body responsible for Trade in Services.
3. When adopted, the amendments shall be submitted to the Parties for ratification or approval.
4. Amendments shall enter into force in accordance with the rules and procedure set out in Article 21.
Article 23
1. This Agreement is concluded for an indefinite period of time.
2. Each Party may, at any time, denounce the Agreement by making a written notification to the Depositary, who shall notify the other Parties of this denunciation.
3. Such denunciation shall take effect six months after the date on which the depositary received the notification.
Article 24
All disputes arising from this Agreement will be resolved through the CEFTA 2006 Dispute Settlement Mechanism.
Article 25
The Parties acknowledge the rights of any CEFTA Party to accede to this Agreement.
The Agreement is drawn up in the English language in one original version, which will remain in the possession of the Depository. Each party will receive one verified copy of the Agreement.
Done at Berlin on 3/11/2022
Recognition on the basis of coordination of the minimum training conditions
DOCTOR OF MEDICINE
Basic medical training
1. Admission to basic medical training shall be contingent upon possession of a qualification or certificate providing access, for the studies in question, to universities.
2. Basic medical training shall comprise a total of at least five years of study, which may in addition be expressed with the equivalent ECTS credits, and shall consist of at least 5 500 hours of theoretical and practical training provided by, or under the supervision of, a university.
3. Basic medical training shall provide an assurance that the person in question has acquired the following knowledge and skills:
(a) adequate knowledge of the sciences on which medicine is based and a good understanding of the scientific methods including the principles of measuring biological functions, the evaluation of scientifically established facts and the analysis of data;
(b) sufficient understanding of the structure, functions and behaviour of healthy and sick persons, as well as relations between the state of health and physical and social surroundings of the human being;
(c) adequate knowledge of clinical disciplines and practices, providing him with a coherent picture of mental and physical diseases, of medicine from the points of view of prophylaxis, diagnosis and therapy and of human reproduction;
(d) suitable clinical experience in hospitals under appropriate supervision.
Article 2. Specialist medical training
1. Admission to specialist medical training shall be contingent upon completion and validation of a basic medical training programme as referred to in Article 1 of Annex I in the course of which the trainee has acquired the relevant knowledge of basic medicine.
2. Specialist medical training shall comprise theoretical and practical training at a university or medical teaching hospital or, where appropriate, a medical care establishment approved for that purpose by the competent authorities or bodies.
The Parties shall ensure that the minimum duration of specialist medical training courses referred to Article 7 of Annex I is not less than the duration provided for in that point. Training shall be given under the supervision of the competent authorities or bodies. It shall include personal participation of the trainee specialised doctor of medicine in the activity and responsibilities entailed by the services in question.
Training shall be given on a full-time basis at specific establishments which are recognised by the competent authorities. It shall entail participation in the full range of medical activities of the department where the training is given, including duty on call, in such a way that the trainee specialist devotes all his professional activity to his practical and theoretical training throughout the entire working week and throughout the year, in accordance with the procedures laid down by the competent authorities. Accordingly, these posts shall be the subject of appropriate remuneration.
3a. Parties may provide, in relevant legislation, for partial exemptions from parts of the specialist medical training courses listed in Article 7 of Annex I, to be applied on a case-by-case basis provided that that part of the training has been followed already during another specialist training course listed in Article 7 of Annex I, for which the professional has already obtained the professional qualification in a Party. Parties shall ensure that the granted exemption equates to not more than half of the minimum duration of the specialist medical training course in question.
Each Party shall notify the Multilateral Committee and the other Parties of its legislation concerned for any such partial exemptions.
4. The Parties shall make the issuance of evidence of specialist medical training contingent upon possession of evidence of basic medical training referred to in Article 7 of Annex I.
Article 3. Types of specialist medical training
Evidence of formal qualifications as a specialised doctor is such evidence awarded by the competent authorities or bodies, as corresponds, for the specialised training in question, to the titles in use in the various Parties and referred to in Article 7 of Annex I.
Article 4. Specific training in general medical practice
1. Admission to specific training in general medical practice shall be contingent upon completion and validation of a basic medical training programme as referred to in Article 1 of Annex I in the course of which the trainee has acquired the relevant knowledge of basic medicine.
2. The specific training in general medical practice leading to the award of evidence of formal qualifications issued before [1 January 2006] shall be of a duration of at least two years on a full-time basis. In the case of evidence of formal qualifications issued after that date, the training shall be of a duration of at least three years on a full-time basis.
Where the training programme referred to in Article 1 of Annex I comprises practical training given by an approved hospital possessing appropriate general medical equipment and services or as part of an approved general medical practice or an approved centre in which doctors provide primary medical care, the duration of that practical training may, up to a maximum of one year, be included in the duration provided for in the first subparagraph for certificates of training issued on or after [1 January 2006].
The option provided for in the second subparagraph shall be available only for Parties in which the specific training in general medical practice lasted two years as of [1 January 2001].
3. The specific training in generalmedical practice shall be carried out on a full-time basis, under the supervision of the competent authorities or bodies. It shall be more practical than theoretical.
The practical training shall be given, on the one hand, for at least six months in an approved hospital possessing appropriate equipment and services and, on the other hand, for at least six months as part of an approved general medical practice or an approved centre at which doctors provide primary health care.
The practical training shall take place in conjunction with other health establishments or structures concerned with general medicine. Without prejudice to the minimum periods laid down in the second subparagraph, however, the practical training may be given during a period of not more than six months in other approved establishments or health structures concerned with general medicine.
The training shall require the personal participation of the trainee in the professional activity and responsibilities of the persons with whom he is working.
4. Parties shall make the issuance of evidence of formal qualifications in general medical practice subject to possession of evidence of formal qualifications in basic medical training referred to in Article 6 of Annex I.
5. Parties may issue evidence of formal qualifications referred to in Article 6 of Annex I to a doctor who has not completed the training provided for in this Article but who has completed a different, supplementary training, as attested by evidence of formal qualifications issued by the competent authorities. They may not, however, award evidence of formal qualifications unless it attests knowledge of a level qualitatively equivalent to the knowledge acquired from the training provided for in this Article.
Parties shall determine, inter alia, the extent to which the complementary training and professional experience already acquired by the applicant may replace the training provided for in this Article.
The Parties may only issue the evidence of formal qualifications referred to in Article 6 of Annex I, if the applicant has acquired at least six months’ experience of general medicine in a general medical practice or a centre in which doctors provide primary health care of the types referred to in paragraph 3.
Article 5. Pursuit of the professional activities of general practitioners
Each Party shall make the pursuit of the activities of a general practitioner in the framework of its domestic social security system contingent upon possession of evidence of formal qualifications referred to in Article 6 of Annex I.
Parties may exempt persons who are currently undergoing specific training in general medicine from this condition.
Article 6. Evidence of formal qualifications in basic medical training
Party |
Evidence of formal qualifications |
Body awarding the qualifications |
CertificateAccompanying the Qualifications |
Reference date |
Article 7. Evidence of formal qualifications of specialised doctors
Party |
Evidence of formal qualifications |
Body awarding the qualifications |
Reference date |
Article 8. Titles of training courses in specialised medicine
|
Title |
Title |
Party |
Anesthetics |
General surgery |
|
Minimum period of training: 3 years |
Minimum period of training: 5 years |
|
|
|
|
Title |
Title |
Party |
Neurological surgery |
Obstetrics and Gynecology |
|
Minimum period of training: 5 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
General (internal) medicine |
Ophthalmology |
|
Minimum period of training: 5 years |
Minimum period of training: 3 years |
|
|
|
|
Title |
Title |
Party |
Otorhinolaryngology |
Pediatrics |
|
Minimum period of training: 3 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Respiratory medicine |
Urology |
|
Minimum period of training: 4 years |
Minimum period of training: 5 years |
|
|
|
|
Title |
Title |
Party |
Orthopedics |
Pathological anatomy |
|
Minimum period of training: 5 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Neurology |
Psychiatry |
|
Minimum period of training: 4 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Diagnostic radiology |
Radiotherapy |
|
Minimum period of training: 4 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Plastic surgery |
Clinical biology |
|
Minimum period of training: 5 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Microbiology-bacteriology |
Biological chemistry |
|
Minimum period of training: 4 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Immunology |
Thoracic surgery |
|
Minimum period of training: 4 years |
Minimum period of training: 5 years |
|
|
|
|
Title |
Title |
Party |
Pediatric |
Vascular surgery |
|
Minimum period of training: 5 years |
Minimum period of training: 5 years |
|
|
|
|
Title |
Title |
Party |
Cardiology |
Gastroenterology |
|
Minimum period of training: 4 years |
Minimum period of training: 5 years |
|
|
|
|
Title |
Title |
Party |
Rheumatology |
General Hematology |
|
Minimum period of training: 4 years |
Minimum period of training: 3 years |
|
|
|
|
Title |
Title |
Party |
Endocrinology |
Physiotherapy |
|
Minimum period of training: 3 years |
Minimum period of training: 3 years |
|
|
|
|
Title |
Title |
Party |
Neuropsychiatry |
Dermato-venereology |
|
Minimum period of training: 5 years |
Minimum period of training: 3 years |
|
|
|
|
Title |
Title |
Party |
Radiology |
Child psychiatry |
|
Minimum period of training: 4 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Geriatrics |
Renal diseases |
|
Minimum period of training: 4 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Geriatrics |
Renal diseases |
|
Minimum period of training: 4 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Communicable diseases |
Community medicine |
|
Minimum period of training: 4 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Pharmacology |
Occupational medicine |
|
Minimum period of training: 4 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Allergology |
Nuclear medicine |
|
Minimum period of training: 3 years |
Minimum period of training: 4 years |
|
|
|
|
Title |
Title |
Party |
Maxillo-facial surgery (basic medical training) |
Biological haematology |
|
Minimum period of training: 5 years |
Minimum period of training: 4 years |
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Title |
Title |
Party |
Stomatology |
Dermatology |
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Minimum period of training: 3 years |
Minimum period of training: 4 years |
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Title |
Title |
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Venerology |
Tropical medicine |
Party |
Minimum period of training: 4 years |
Minimum period of training: 4 years |
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Title |
Title |
Party |
Gastroenterological surgery |
Accident and emergency medicine |
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Minimum period of training: 5 years |
Minimum period of training: 5 years |
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Title |
Title |
Party |
Clinical neurophysiology |
Dental, oral and maxillo-facial surgery (basic medical and dental training) |
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Minimum period of training: 4 years |
Minimum period of training: 4 years |
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Title |
Title |
Party |
Medical oncology |
Medical genetics |
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Minimum period of training: 5 years |
Minimum period of training: 4 years |
Article 9. Evidence of formal qualifications of general practitioner
Party |
Evidence of formal qualifications |
Professional title |
Reference date |
DOCTORS OF DENTAL MEDICNE
All of the provisions in Annex I are taken from the EU Directive 2005/36/EC on the recognition of professional qualifications.
Article 1. Basic dental training
1. Admission to basic dental training presupposes possession of a diploma or certificate giving access, for the studies in question, to universities or higher institutes of a level recognised as equivalent, in a Party.
2. Basic dental training shall comprise a total of at least five years of study, which may in addition be expressed with the equivalent ECTS credits, and shall consist of at least 5 000 hours of full-time theoretical and practical training that comprises at least the programme described in Article 4 of Annex II and that is provided in a university, in a higher institute providing training recognised as being of an equivalent level or under the supervision of a university.
3. Basic dental training shall provide an assurance that the person in question has acquired the following knowledge and skills:
(a) adequate knowledge of the sciences on which dentistry is based and a good understanding of scientific methods, including the principles of measuring biological functions, the evaluation of scientifically established facts and the analysis of data;
(b) adequate knowledge of the constitution, physiology and behaviour of healthy and sick persons as well as the influence of the natural and social environment on the state of health of the human being, in so far as these factors affect dentistry;
(c) adequate knowledge of the structure and function of the teeth, mouth, jaws and associated tissues, both healthy and diseased, and their relationship to the general state of health and to the physical and social well-being of the patient;
(d) adequate knowledge of clinical disciplines and methods, providing the dentist with a coherent picture of anomalies, lesions and diseases of the teeth, mouth, jaws and associated tissues and of preventive, diagnostic and therapeutic dentistry;
(e) suitable clinical experience under appropriate supervision.
This training shall provide him with the skills necessary for carrying out all activities involving the prevention, diagnosis and treatment of anomalies and diseases of the teeth, mouth, jaws and associated tissues.
Article 2. Specialist dental training
1 Admission to specialist dental training shall be contingent upon completion and validation of basic dental training referred to in Article 1 of Annex II.
2. Specialist dental training shall comprise theoretical and practical instruction in a university centre, in a treatment teaching and research centre or, where appropriate, in a health establishment approved for that purpose by the competent authorities or bodies.
Full-time specialist dental courses shall be of a minimum of three years’ duration and shall be supervised by the competent authorities or bodies. They shall involve the personal participation of the dental practitioner training to be a specialist in the activity and in the responsibilities of the establishment concerned.
3. The Parties shall make the issuance of evidence of specialist dental training contingent upon possession of evidence of basic dental training referred to in Article 5 of Annex II.
Article 3. Pursuit of the professional activities of dental practitioners
1. For the purposes of this Directive, the professional activities of dental practitioners are the activities defined in paragraph 3 and pursued under the professional qualifications listed in Article 5 of Annex II.
2. The profession of dental practitioner shall be based on dental training referred to in Article 1 and 2 of Annex II and shall constitute a specific profession which is distinct from other general or specialised medical professions. Pursuit of the activities of a dental practitioner requires the possession of evidence of formal qualifications referred to in Article 5 of Annex II.
3. The Parties shall ensure that dental practitioners are generally able to gain access to and pursue the activities of prevention, diagnosis and treatment of anomalies and diseases affecting the teeth, mouth, jaws and adjoining tissue, having due regard to the regulatory provisions and rules of professional ethics on the reference dates referred to in Article 5 of Annex II.
Article 4. Study programme for dental practitioners
The programme of studies leading to evidence of formal qualifications in dentistry shall include at least the following subjects. One or more of these subjects may be taught in the context of the other disciplines or in conjunction therewith.
A. Basic subjects |
B. Medico-biological subjects and general medical subjects |
C. Subjects directly related to Dentistry |
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- Radiology |
- Dental occlusion and function of the jaw |
Article 5. Evidence of basic formal qualifications of doctors of dental medicine
Party |
Evidence of Formal qualifications |
Body awarding the evidence of qualifications |
Certificate accompanying the evidence of qualifications |
Professional TitleTitle |
Reference date |
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Article 6. Evidence of formal qualifications of specialised dentists
Oral surgery
Party |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Reference date |
Orthodontics
Party |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Reference date |
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ARCHITECT
Article 1. Training of architects
1. Training as an architect shall comprise:
(a) a total of at least five years of full-time study at a university or a comparable teaching institution, leading to successful completion of a university-level examination; or
2. Architecture must be the principal component of the study referred to in paragraph 1. The study shall maintain a balance between theoretical and practical aspects of architectural training and shall guarantee at least the acquisition of the following knowledge, skills and competences:
(a) the ability to create architectural designs that satisfy both aesthetic and technical requirements;
(b) adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences;
(c) knowledge of the fine arts as an influence on the quality of architectural design;
(d) adequate knowledge of urban design, planning and the skills involved in the planning process;
(e) understanding of the relationship between people and buildings, and between buildings and their environment, and of the need to relate buildings and the spaces between them to human needs and scale;
(f) understanding of the profession of architect and the role of the architect in society, in particular in preparing briefs that take account of social factors;
(g) understanding of the methods of investigation and preparation of the brief for a design project;
(h) understanding of the structural design, and constructional and engineering problems associated with building design;
(i) adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against the climate, in the framework of sustainable development;
(j) the necessary design skills to meet building users’ requirements within the constraints imposed by cost factors and building regulations;
(k) adequate knowledge of the industries, organisations, regulations and procedures involved in translating design concepts into buildings and integrating plans into overall planning.
3. The number of years of academic study referred to in paragraphs 1 may in addition be expressed with the equivalent ECTS credits.
Article 2. Pursuit of the professional activities of architects
1. For the purposes of this Agreement, the professional activities of an architect are the activities regularly carried out under the professional title of ‘architect’.
Article 3. Evidence of formal qualifications of architects
Party |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Certificate accompanying the evidence of qualifications |
Reference academic year |
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