Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania

Directives 92/51/EEC, 77/249/EEC, 98/5/EC, 93/16/EEC, 77/452/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 80/154/EEC, 85/433/EEC, 85/384/EEC and 2005/36/EC shall be amended as set out in the Annex.

1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of accession of Bulgaria and Romania to the European Union at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2 Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

This Directive shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.

This Directive is addressed to the Member States.

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.’;

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.

As regards the Romanian qualification of nurse responsible for general care, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible for general care were awarded by, or whose training started in, Romania before the date of accession and which does not satisfy the minimum training requirements laid down in Article 1 of Directive 77/453/EEC, Member States shall recognise the following diplomas, certificates and other evidence of formal qualifications in general care nursing as being sufficient proof if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania for the period specified below: diploma of nurse (Certificat de competenţe profesionale de asistent medical generalist) with post-secondary education obtained from a şcoală postliceală — at least five consecutive years during the seven years prior to the date of issue of the certificate. The said activities must have included taking full responsibility for the planning, organisation and carrying out of the nursing care of the patient.’;

1 From the date of accession of Romania, Member States shall recognise, for the purposes of carrying out the activities referred to in Article 1 of this Directive, the diplomas, certificates and other evidence of formal qualifications in medicine awarded in Romania to persons who began their university training before 1 October 2003, accompanied by a certificate issued by the competent Romanian authorities certifying that these persons have effectively, lawfully and principally been engaged in Romania in the activities specified in Article 5 of Directive 78/687/EEC for at least three consecutive years during the five years prior to the issue of the certificate and that these persons are authorised to carry out the said activities under the same conditions as holders of the diploma referred to in Annex A to this Directive.

2 The requirement of three years' experience referred to in the first subparagraph shall be waived in the case of persons who have successfully completed at least three years of study which are certified by the competent authorities as being equivalent to the training referred to in Article 1 of Directive 78/687/EEC.’.

As regards the Romanian qualifications in midwifery, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications as obstetrics-gynecology nurse (asistent medical obstetrică-ginecologie) were awarded by Romania before the date of accession and which do not satisfy the minimum training requirements laid down in Article 1 of Directive 80/155/EEC, Member States shall recognise the said diplomas, certificates and other evidence of formal qualifications as being sufficient proof for the purposes of carrying out the activities of midwife, if they are accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of midwife in Romania, for at least five consecutive years during the seven years prior to the issue of the certificate.’

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 provisions of the present Directive concerning doctors of medicine and nurses responsible for general care respectively.

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 as doctors of medicine nor as nurses responsible for general care under this Directive.’.

As regards the Romanian qualification of nurse responsible for general care, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose evidence of formal qualifications as nurse responsible for general care were awarded by, or whose training started in, Romania before the date of accession and which does not satisfy the minimum training requirements laid down in Article 31, Member States shall recognise the evidence of formal qualification as nurse responsible for general care (Certificat de competenţe profesionale de asistent medical generalist) with post-secondary education obtained from a şcoală postliceală, as being sufficient proof if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania for a period of at least five consecutive years during the seven years prior to the date of issue of the certificate. The said activities must have included taking full responsibility for the planning, organisation and carrying out of the nursing care of the patient.’.

As regards the Romanian qualifications in midwifery, only the following acquired rights provisions will apply: In the case of nationals of the Member States whose evidence of formal qualifications as a midwife (asistent medical obstetrică-ginecologie/obstetrics-gynecology nurse) were awarded by Romania before the date of accession and which do not satisfy the minimum training requirements laid down in Article 40, Member States shall recognise the said evidence of formal qualifications as being sufficient proof for the purposes of carrying out the activities of midwife, if they are accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of midwife in Romania, for at least five consecutive years during the seven years prior to the issue of the certificate.’.