THE PRESIDENT OF THE REPUBLIC
Having regard to Articles 76 and 87 of the Constitution;
Having regard to Law no. 29 of 25 January 2006, containing provisions for the fulfilment of obligations deriving from Italy's membership of the European Communities and in particular article 1, paragraphs 1, 3 and 4 and attachment B;
Having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications; Having regard to 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;
Having regard to Legislative Decree No. 115 of January 27, 1992, implementing Directive 89/48/EEC on a general system for the recognition of higher education diplomas awarded on completion of professional education and training of at least three years' duration;
Having regard to legislative decree no. 319 of 2 May 1994, implementing Directive 92/51/EEC relating to a
Second general system of recognition of vocational training that complements Directive 89/48/EEC;
Given the legislative decree of June 30, 2003, n. 196, approving the Code for the protection of personal data;
Given the legislative decree of September 20, 2002, n. 229, implementing Directive 99/42/EC establishing a mechanism for the recognition of qualifications for professional activities regulated by the directives of liberalization and transitional measures and supplementing the general system of recognition of qualifications.
qualifications;
Given Legislative Decree No. 368 of August 17, 1999, implementing Directive 93/16/EC on the free movement of physicians and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications and Directives 97/50/EC, 98/21/EC, 98/63/EC and 99/46/EC amending Directive 93/16/EC;
Having regard to Law No 296 of 13 June 1985 on the right of establishment and freedom to provide services by midwives with citizenship of one of the Member States of the European Economic Community;
Having regard to Legislative Decree No. 129 of January 27, 1992, relating to the implementation of Directives 85/384/EEC, No. 85/614/EEC and No. 86/17/EEC concerning the recognition of diplomas, certificates and other qualifications in the field of architecture;
Having regard to Act No. 409 of July 24, 1985, relating to the establishment of the health profession of dentistry and provisions
concerning the right of establishment and the freedom to provide services of dental practitioners who are nationals of Member States
of the European Communities; Having regard to Law No. 905 of 18 December 1980 on the right of establishment and freedom to provide services by professional nurses who are nationals of the Member States of the European Economic Community;
Having regard to Law No. 750 of November 8, 1984, concerning the right of establishment and freedom to provide services by the
Veterans who are nationals of Member States of the European Economic Community;
Having regard to legislative decree no. 258 of August 8, 1991, relating to the implementation of directives 85/432/EEC, no. 85/433/EEC and no. 85/584/EEC, on the training and right of establishment of pharmacists in accordance with article 6 of law no. 212 of July 30, 1990;
Given the preliminary deliberation of the Council of Ministers, adopted in the meeting of July 27, 2007; Acquired the opinion of the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano;
Having obtained the opinions of the competent Commissions of the Chamber of Deputies and the Senate of the Republic; Having regard to the deliberation of the Council of Ministers, adopted in the meeting of October 23, 2007;
On the proposal of the Ministers of European Policy, Education, and University and Research,
Health and Justice, in consultation with the Ministers of Foreign Affairs, Economy and Finance, Labor and
of social security, economic development, for the goods and activities' cultural, transport and affairs
regional and local authorities;
Enacts the following bylaw:
Title I
GENERAL PROVISIONS
Chapter I
Scope and definitions
Art. 1. Object
The present decree regulates the recognition, for access to regulated professions and their exercise, with the exclusion of those whose exercise is reserved by law to professionals as participants, even if occasionally, in the exercise of public powers, and in particular the activities reserved for the notarial profession, of professional qualifications already acquired in one or more member states of the European Union, which allow the holder of such qualifications to exercise the corresponding profession in the member state of origin.
1-bis. The present decree also regulates the recognition of professional qualifications already acquired in one or more member States of the European Union and which allow the holder of such qualifications to exercise the corresponding profession in the member State of origin, for the purpose of partial access to a regulated profession in the national territory, as well as the criteria for the recognition of professional traineeships carried out by Italian citizens in another member State.
2. The current provisions governing access to public employment remain unaffected.
Art. 2. Scope of application
The present decree applies to citizens of the member states of the European Union who wish to exercise on the national territory, as employed or self-employed persons, including members of the liberal professions, a regulated profession on the basis of professional qualifications obtained in a member state of the European Union and which, in their state of origin, qualifies them to exercise that profession.
The present decree applies to citizens of the member states of the European Union who wish to exercise on the national territory, as employed or self-employed persons, including members of the liberal professions, a regulated profession on the basis of professional qualifications obtained in a member state of the European Union and which, in their state of origin, qualifies them to exercise that profession.
1-bis. The provisions of this decree also apply to Italian citizens who have carried out a professional traineeship outside the national territory. 1-ter. Articles 5-bis to 5-sexies apply: a) to Italian citizens who hold a professional qualification obtained or recognized in Italy; b) to Italian or European citizens who have obtained professional qualifications in more than one member state, including Italy; c) to European Union citizens legally established in Italy, who request the issue of a European professional card for the purposes of the free provision of services or establishment in another member state.
2. The provisions of this decree do not apply to citizens of the member states of the European Union who hold professional qualifications not acquired in a member state, for whom the current provisions continue to apply. For professions that come under Title III, Chapter IV, recognition must take place in compliance with the minimum training conditions listed in that chapter.
3. For the recognition of qualifications acquired by nationals of countries belonging to the European Economic Area and of the Swiss Confederation, the agreements in force with the European Union shall apply.
2. The provisions of this decree do not apply to citizens of the member states of the European Union who hold professional qualifications not acquired in a member state, for whom the current provisions continue to apply. For professions that come under Title III, Chapter IV, recognition must take place in compliance with the minimum training conditions listed in that chapter.
3. For the recognition of qualifications acquired by nationals of countries belonging to the European Economic Area and of the Swiss Confederation, the agreements in force with the European Union shall apply.
Art. 3. Effects of recognition
Recognition of professional qualifications pursuant to this legislative decree makes it possible to gain access, if in possession of the requisites specifically provided for, to the corresponding profession for which the persons referred to in Article 2, paragraph 1, are qualified in the member state of origin and to practise it under the same conditions provided for by Italian law.
2. For the purposes of Article 1, paragraph 1, the profession which the interested party will exercise on Italian territory will be that for which he is qualified in his Member State of origin, if the activities are comparable, without prejudice to the provisions of article 5-septies on partial access.
Without prejudice to the provisions of Articles 12 and 16, paragraph 10, with regard to the use of the professional title, the service-provider may, in the profession, use the name of his qualification, and, where appropriate, its abbreviation, in the language of the Member State in which the qualification was awarded. The use of this name or abbreviation is not permitted, however, if it is likely to cause confusion with a regulated profession in the national territory for which the person concerned has not obtained recognition of his professional qualification; in this case the name may be used on condition that the appropriate modifications or additions for differentiation are made to it, as established by the competent authority referred to in Article 5.
Recognition of professional qualifications pursuant to this legislative decree makes it possible to gain access, if in possession of the requisites specifically provided for, to the corresponding profession for which the persons referred to in Article 2, paragraph 1, are qualified in the member state of origin and to practise it under the same conditions provided for by Italian law.
2. For the purposes of Article 1, paragraph 1, the profession which the interested party will exercise on Italian territory will be that for which he is qualified in his Member State of origin, if the activities are comparable, without prejudice to the provisions of article 5-septies on partial access.
Without prejudice to the provisions of Articles 12 and 16, paragraph 10, with regard to the use of the professional title, the service-provider may, in the profession, use the name of his qualification, and, where appropriate, its abbreviation, in the language of the Member State in which the qualification was awarded. The use of this name or abbreviation is not permitted, however, if it is likely to cause confusion with a regulated profession in the national territory for which the person concerned has not obtained recognition of his professional qualification; in this case the name may be used on condition that the appropriate modifications or additions for differentiation are made to it, as established by the competent authority referred to in Article 5.
Art. 4. Definitions
The following definitions shall apply for the purposes of this Order:
(a) "regulated profession":
1) the activity, or set of activities, the exercise of which is permitted only following registration in Orders or Colleges or in albi, registers and lists kept by administrations or public bodies, if registration is subordinate to possession of professional qualifications or verification of specific professional skills;
2) employment relationships, if access to them is subject, by legislative or regulatory provisions, to the possession of professional qualifications;
(3) the activity carried on under a professional title, the use of which is restricted to those with a professional qualification;
4) activities pertaining to the health sector in cases where possession of a professional qualification is a determining condition for the purposes of payment for the relative services or admission to reimbursement;
(5) professions held by members of an association or body listed in Schedule I.
b) "professional qualifications": qualifications attested by evidence of formal qualifications, an attestation of competence referred to in Article 19, paragraph 1, letter a), number 1), or professional experience; a professional qualification does not constitute a qualification attested by a decision of another Member State that merely recognises a professional qualification acquired in Italy;
c) "evidence of formal qualifications": diplomas, certificates and other evidence issued by a university or other body accredited according to specific disciplines which certify that the holder has received professional training which was acquired mainly in the territory of the Community. Evidence of formal qualifications issued by a third country shall be equally valid where the holders have acquired, in the actual pursuit of their professional activities, at least three years' experience in the territory of the Member State which recognised the evidence of formal qualifications in question, certified by that Member State;
(d) "Competent authority" means any authority or body empowered by national provisions to issue or receive certificates of training and other documents or information, and to receive applications and make decisions under this Order;
(e) "Regulated training" means any training which, according to applicable requirements, is specifically geared to the practice of a particular profession and consists of a course of study supplemented, where appropriate, by professional training, an apprenticeship or professional practice, in a manner established by law;
(f) "Professional experience" means the actual and lawful practice of the profession in a Member State on a full-time or part-time basis for an equivalent period;
(g) "adaptation apprenticeship" means the pursuit of a regulated profession under the responsibility of a qualified professional, accompanied, where appropriate, by additional training in a manner determined by law. The apprenticeship shall be subject to evaluation by the competent authority;
(h) "aptitude test" means a test concerning the applicant's professional knowledge, skills, and abilities conducted by the competent authorities for the purpose of assessing the applicant's fitness to practice a regulated profession;
(i) "Business manager" means any person who has performed in an enterprise in the corresponding occupational field: 1) the function of business or branch manager;
(2) the function of instigator or deputy company director, if such function involves a responsibility corresponding to that of the represented entrepreneur or company director;
3) The function of manager in charge of one or more departments of the company, with commercial or technical duties;
(l) "Member State of establishment" means the member state of the European Union in which the provider is legally established for the purpose of pursuing a profession there;
(m) "Home Member State" means the Member State in which the citizen of the European Union acquired his or her professional qualifications;
(n) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
n-bis) "professional traineeship": a period of professional practice carried out under supervision, provided that it constitutes a condition for access to a regulated profession and that it may take place in the form of a curricular traineeship or in the form of an extracurricular traineeship or, where applicable, also in the form of an apprenticeship;
n-ter) "European professional card" means an electronic certificate attesting either that the professional has met all the conditions necessary to provide services, on a temporary and occasional basis, in the territory of the State or the recognition of professional qualifications for the purpose of establishment in the territory of the State;
(n-c) "Lifelong learning" means the entirety of general education, vocational education and training, nonformal education, and nonformal and informal learning, undertaken throughout life, that results in improved knowledge, skills, and competencies, which may include work ethics;
(n-d) "overriding reasons relating to the public interest" means reasons recognized as such by the case law of the Court of Justice of the European Union;
(n-sexies) "European Credit Transfer and Accumulation System or ECTS" means the credit system for higher education used in the European Higher Education Area;
(n-septies) "legally established": a citizen of the European Union is legally established in a Member State when he or she meets all the requirements for exercising a profession in that Member State and is not subject to any prohibition, even temporary, on exercising that profession. It is possible to be legally established as a self-employed person or as an employee.
(a) "regulated profession":
1) the activity, or set of activities, the exercise of which is permitted only following registration in Orders or Colleges or in albi, registers and lists kept by administrations or public bodies, if registration is subordinate to possession of professional qualifications or verification of specific professional skills;
2) employment relationships, if access to them is subject, by legislative or regulatory provisions, to the possession of professional qualifications;
(3) the activity carried on under a professional title, the use of which is restricted to those with a professional qualification;
4) activities pertaining to the health sector in cases where possession of a professional qualification is a determining condition for the purposes of payment for the relative services or admission to reimbursement;
(5) professions held by members of an association or body listed in Schedule I.
b) "professional qualifications": qualifications attested by evidence of formal qualifications, an attestation of competence referred to in Article 19, paragraph 1, letter a), number 1), or professional experience; a professional qualification does not constitute a qualification attested by a decision of another Member State that merely recognises a professional qualification acquired in Italy;
c) "evidence of formal qualifications": diplomas, certificates and other evidence issued by a university or other body accredited according to specific disciplines which certify that the holder has received professional training which was acquired mainly in the territory of the Community. Evidence of formal qualifications issued by a third country shall be equally valid where the holders have acquired, in the actual pursuit of their professional activities, at least three years' experience in the territory of the Member State which recognised the evidence of formal qualifications in question, certified by that Member State;
(d) "Competent authority" means any authority or body empowered by national provisions to issue or receive certificates of training and other documents or information, and to receive applications and make decisions under this Order;
(e) "Regulated training" means any training which, according to applicable requirements, is specifically geared to the practice of a particular profession and consists of a course of study supplemented, where appropriate, by professional training, an apprenticeship or professional practice, in a manner established by law;
(f) "Professional experience" means the actual and lawful practice of the profession in a Member State on a full-time or part-time basis for an equivalent period;
(g) "adaptation apprenticeship" means the pursuit of a regulated profession under the responsibility of a qualified professional, accompanied, where appropriate, by additional training in a manner determined by law. The apprenticeship shall be subject to evaluation by the competent authority;
(h) "aptitude test" means a test concerning the applicant's professional knowledge, skills, and abilities conducted by the competent authorities for the purpose of assessing the applicant's fitness to practice a regulated profession;
(i) "Business manager" means any person who has performed in an enterprise in the corresponding occupational field: 1) the function of business or branch manager;
(2) the function of instigator or deputy company director, if such function involves a responsibility corresponding to that of the represented entrepreneur or company director;
3) The function of manager in charge of one or more departments of the company, with commercial or technical duties;
(l) "Member State of establishment" means the member state of the European Union in which the provider is legally established for the purpose of pursuing a profession there;
(m) "Home Member State" means the Member State in which the citizen of the European Union acquired his or her professional qualifications;
(n) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
n-bis) "professional traineeship": a period of professional practice carried out under supervision, provided that it constitutes a condition for access to a regulated profession and that it may take place in the form of a curricular traineeship or in the form of an extracurricular traineeship or, where applicable, also in the form of an apprenticeship;
n-ter) "European professional card" means an electronic certificate attesting either that the professional has met all the conditions necessary to provide services, on a temporary and occasional basis, in the territory of the State or the recognition of professional qualifications for the purpose of establishment in the territory of the State;
(n-c) "Lifelong learning" means the entirety of general education, vocational education and training, nonformal education, and nonformal and informal learning, undertaken throughout life, that results in improved knowledge, skills, and competencies, which may include work ethics;
(n-d) "overriding reasons relating to the public interest" means reasons recognized as such by the case law of the Court of Justice of the European Union;
(n-sexies) "European Credit Transfer and Accumulation System or ECTS" means the credit system for higher education used in the European Higher Education Area;
(n-septies) "legally established": a citizen of the European Union is legally established in a Member State when he or she meets all the requirements for exercising a profession in that Member State and is not subject to any prohibition, even temporary, on exercising that profession. It is possible to be legally established as a self-employed person or as an employee.
Art. 5. Competent authority
(1) For purposes of recognition under Title II and Title III, Chapters II and IV, the following shall have jurisdiction to receive applications, to receive statements, and to make decisions:
a) the Presidency of the Council of Ministers - Office for Sport, for all activities concerning the sports sector and for those exercised with the qualification of sports professional, with the exception of those referred to in letter l-septies), as well as for the professions referred to in Law no. 6 of January 2, 1989;
(b) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
c) the Ministry in charge of the supervision of professions that require, for their exercise, registration in Orders, Colleges, registers or lists, without prejudice to the provisions of letters f) and l-sexies);
d) the Presidency of the Council of Ministers - Department of the Civil Service, for the professions carried out as employees in the public administration, except as provided in letters e), f) and g);
(e) The Ministry of Health, for the health professions;
f) the Ministry of Education, University and Research, for teachers in nursery, primary, lower secondary and upper secondary schools and for administrative, technical and auxiliary personnel in schools as well as for research staff and for the professions of architect, regional planner, landscape architect, conservator of architectural and environmental heritage, junior architect and junior planner;
(g) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
h) the Ministry of Education, Universities and Research for any other case relating to professions that can be exercised only by those who possess professional qualifications referred to in Article 19, paragraph 1, letters d) and e), except as provided in letter c);
i) the Ministry of Cultural Assets and Activities and Tourism for the activities pertaining to the sector of restoration and maintenance of cultural assets, in accordance with the provisions of paragraphs 7, 8 and 9 of article 29 of Legislative Decree no. 42 of 22 January 2004, and subsequent amendments, as well as for the activities pertaining to the tourism sector;
l) the Ministry of Labour and Social Policies for any other case relating to professions that can only be exercised by those in possession of the professional qualifications referred to in Article 19, paragraph 1, letters a), b) and c) as well as for the profession of labour consultant, for professions relating to the conduction of thermal systems and steam generators;
l-bis) the Ministry of Economic Development, for the profession of consultant in industrial property and for that of real estate agent;
(l-ter) The Ministry of Agriculture Food and Forestry for the professions of trainer, jockey and driver of race horses, pig carcass grader and beef carcass grader;
(l-quater) the Ministry of Infrastructure and Transportation, for the professions of driving school teacher, driving school instructor, and lifeguard assistant;
a) the Presidency of the Council of Ministers - Office for Sport, for all activities concerning the sports sector and for those exercised with the qualification of sports professional, with the exception of those referred to in letter l-septies), as well as for the professions referred to in Law no. 6 of January 2, 1989;
(b) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
c) the Ministry in charge of the supervision of professions that require, for their exercise, registration in Orders, Colleges, registers or lists, without prejudice to the provisions of letters f) and l-sexies);
d) the Presidency of the Council of Ministers - Department of the Civil Service, for the professions carried out as employees in the public administration, except as provided in letters e), f) and g);
(e) The Ministry of Health, for the health professions;
f) the Ministry of Education, University and Research, for teachers in nursery, primary, lower secondary and upper secondary schools and for administrative, technical and auxiliary personnel in schools as well as for research staff and for the professions of architect, regional planner, landscape architect, conservator of architectural and environmental heritage, junior architect and junior planner;
(g) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
h) the Ministry of Education, Universities and Research for any other case relating to professions that can be exercised only by those who possess professional qualifications referred to in Article 19, paragraph 1, letters d) and e), except as provided in letter c);
i) the Ministry of Cultural Assets and Activities and Tourism for the activities pertaining to the sector of restoration and maintenance of cultural assets, in accordance with the provisions of paragraphs 7, 8 and 9 of article 29 of Legislative Decree no. 42 of 22 January 2004, and subsequent amendments, as well as for the activities pertaining to the tourism sector;
l) the Ministry of Labour and Social Policies for any other case relating to professions that can only be exercised by those in possession of the professional qualifications referred to in Article 19, paragraph 1, letters a), b) and c) as well as for the profession of labour consultant, for professions relating to the conduction of thermal systems and steam generators;
l-bis) the Ministry of Economic Development, for the profession of consultant in industrial property and for that of real estate agent;
(l-ter) The Ministry of Agriculture Food and Forestry for the professions of trainer, jockey and driver of race horses, pig carcass grader and beef carcass grader;
(l-quater) the Ministry of Infrastructure and Transportation, for the professions of driving school teacher, driving school instructor, and lifeguard assistant;
l-quinquies) the Ministry of the Interior, for professions related to the area of control services and security, as well as for the professions of private investigator, owner of private investigation institute, receptionist in sports;
(l-sexies) the Customs and Monopolies Agency, for the profession of customs/customs broker;
l-septies) the Italian National Olympic Committee, for the professions of fencing instructor, coach, athletic trainer, technical sports director, sports manager and competition official;
m) the special statute regions and the autonomous provinces of Trento and Bolzano for the professions for which there is exclusive competence, in accordance with their respective statutes.
2. For the activities referred to in Title III, Chapter III, the regions and autonomous provinces of Trento and Bolzano shall identify the competent authority to decide on applications for recognition submitted by beneficiaries.
2-bis. The competent authorities referred to in paragraphs 1 and 2, each for the professions under its competence, shall also be competent authorities responsible for the management of applications for a European Professional Card referred to in Articles 5-ter et seq. For the profession of mountain guide, the Office for Sport of the Presidency of the Council of Ministers shall, in addition, be the competent authority responsible for the allocation of applications for a European Professional Card where there is more than one competent regional authority, as provided for in Article 2 of Commission Implementing Regulation (EU) No 983/2015 of 24 June 2015.
3. Until the identification referred to in paragraph 2, applications for recognition shall be dealt with:
a) the Presidency of the Council of Ministers - Office for Sport, for the activities referred to in Annex IV, List III, point 4), limited to activities relating to the sports sector;
(b) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
c) the Ministry of Economic Development for the activities referred to in Annex IV, List I, List II and List III and not included in letters d), e) and f);
d) the Ministry of Cultural Heritage and Activities and Tourism, for the activities referred to in Annex IV, List II and III, not included in letters c), d), e) and f);
e) The Ministry of Labour and Social Policy for the activities referred to in Annex IV, List III, point 4), class ex 851 and 855;
f) the Ministry of Transport for the activities referred to in Annex IV, List II and List III, insofar as they relate to transport activities.
Art. 5-bis. European Professional Card (EPC)
It is possible to apply for the issuance of the European Professional Card to the competent authorities referred to in Article 5, for the professions of:
(a) nurse in charge of general care;
(b) pharmacist;
(c) physical therapist;
(d) Mountain guide;
(e) Real estate agent.
The application for the issuance of the European Professional Card shall be handled by the competent authority referred to in Article 5 in accordance with the procedures provided for in Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015, through the Internal Market Information System (IMI) referred to in Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012.
The subjects referred to in Article 2, paragraph 1-ter, who hold a professional qualification referred to in paragraph 1 and who wish to carry out a free provision of services or wish to exercise the right of establishment in another Member State may choose to apply for the European professional card or use the procedures provided for in current European legislation on the recognition of professional qualifications.
In the event that the persons referred to in Article 2, paragraph 1-ter, intend to provide in another Member State temporary and occasional services other than those referred to in Article 11, the competent authority, identified in Article 5, shall issue the European Professional Card in accordance with Articles 5-ter and 5-quater. The European Professional Card shall replace, in this case, the prior declaration referred to in Article 10.
Where the persons referred to in Article 2, paragraph 1-ter, who hold a professional qualification, intend to establish themselves in another Member State or provide services in accordance with Article 11, the competent authority referred to in Article 5 shall complete all preparatory steps concerning the applicant's personal file created under the Internal Market Information System (IMI) referred to in Articles 5-ter and 5-quinquies. In such case, the European Professional Card shall be issued by the competent authority of the host Member State in accordance with the provisions set out in the existing European legislation on the recognition of professional qualifications and Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015. For the purpose of establishment, the issuance of the European Professional Card shall not confer an automatic right to practice the profession if there are registration requirements or other control procedures already in place in the host Member State
It is possible to apply for the issuance of the European Professional Card to the competent authorities referred to in Article 5, for the professions of:
(a) nurse in charge of general care;
(b) pharmacist;
(c) physical therapist;
(d) Mountain guide;
(e) Real estate agent.
The application for the issuance of the European Professional Card shall be handled by the competent authority referred to in Article 5 in accordance with the procedures provided for in Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015, through the Internal Market Information System (IMI) referred to in Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012.
The subjects referred to in Article 2, paragraph 1-ter, who hold a professional qualification referred to in paragraph 1 and who wish to carry out a free provision of services or wish to exercise the right of establishment in another Member State may choose to apply for the European professional card or use the procedures provided for in current European legislation on the recognition of professional qualifications.
In the event that the persons referred to in Article 2, paragraph 1-ter, intend to provide in another Member State temporary and occasional services other than those referred to in Article 11, the competent authority, identified in Article 5, shall issue the European Professional Card in accordance with Articles 5-ter and 5-quater. The European Professional Card shall replace, in this case, the prior declaration referred to in Article 10.
Where the persons referred to in Article 2, paragraph 1-ter, who hold a professional qualification, intend to establish themselves in another Member State or provide services in accordance with Article 11, the competent authority referred to in Article 5 shall complete all preparatory steps concerning the applicant's personal file created under the Internal Market Information System (IMI) referred to in Articles 5-ter and 5-quinquies. In such case, the European Professional Card shall be issued by the competent authority of the host Member State in accordance with the provisions set out in the existing European legislation on the recognition of professional qualifications and Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015. For the purpose of establishment, the issuance of the European Professional Card shall not confer an automatic right to practice the profession if there are registration requirements or other control procedures already in place in the host Member State
Art. 5-ter. Application for a European Professional Card and creation of an IMI file
The application for a European Professional Card may only be submitted online.
Applications shall be accompanied by the documents required by the host Member State in accordance with Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015.
3. Within one week of receipt of the application, the competent authority shall acknowledge receipt of the application and inform the applicant of any missing documents. Where appropriate, the competent authority shall issue any supporting certificate required on the basis of this Decree. The competent authority shall verify that the applicant is legally established in the territory of the State and the authenticity and validity of all necessary documents issued by the State. In case of duly justified doubts, the competent authority shall consult the competent body that issued the document and may request certified copies of the documents from the applicant. If the applicant submits further applications for the issuance of a professional card, the competent authorities may not request the re-submission of documents already included in the IMI file and still valid.
The application for a European Professional Card may only be submitted online.
Applications shall be accompanied by the documents required by the host Member State in accordance with Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015.
3. Within one week of receipt of the application, the competent authority shall acknowledge receipt of the application and inform the applicant of any missing documents. Where appropriate, the competent authority shall issue any supporting certificate required on the basis of this Decree. The competent authority shall verify that the applicant is legally established in the territory of the State and the authenticity and validity of all necessary documents issued by the State. In case of duly justified doubts, the competent authority shall consult the competent body that issued the document and may request certified copies of the documents from the applicant. If the applicant submits further applications for the issuance of a professional card, the competent authorities may not request the re-submission of documents already included in the IMI file and still valid.
Art. 5-quater. European Professional Card for the temporary and occasional provision of services other than those referred to in Article 11
The competent authority referred to in Article 5, in its capacity as home Member State, shall verify the application and the supporting documents uploaded by the applicant in the IMI file and issue the European Professional Card for the temporary and occasional provision of services other than those referred to in Article 11 to the applicant within a period of three weeks from the expiry of the one-week period provided for in Article 5b(3) or from the receipt of the missing documents. It shall immediately forward the European Professional Card to the competent authority of each host Member State concerned and inform the applicant thereof. The host Member State may not request the declarations referred to in Article 10 for the following 18 months.
(2) An appeal may be made against both the decision and the absence of a decision by the competent authority referred to in Article 5 on the issuance of the professional card.
The holder of a European Professional Card, who intends to provide services in Member States other than those initially mentioned in the application referred to in paragraph 1, may apply for extension to the competent authority. In this case, the procedures referred to in paragraph 1 shall be followed, without prejudice to the last paragraph of Article 5-ter(3). If the holder intends to continue to provide services beyond the period of eighteen months referred to in paragraph 1, he/she shall inform the competent authority. In both cases, the holder shall also provide all information regarding objective changes in the situation evidenced in the IMI file requested by the competent authority referred to in Article 5 in accordance with Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015. The competent authority shall transmit the updated European Professional Card to the host Member States concerned.
Where the competent authority referred to in Article 5, in its capacity as host Member State, is informed through the IMI system of the issuance of a European Professional Card Certificate by the competent authority of another Member State for the purposes set out in this Article, it may not request the declarations referred to in Article 10 for the following eighteen months.
5. The European Professional Card is valid on the entire national territory, for as long as its holder retains the right to exercise, on the basis of the documents and information contained in the IMI file.
The competent authority referred to in Article 5, in its capacity as home Member State, shall verify the application and the supporting documents uploaded by the applicant in the IMI file and issue the European Professional Card for the temporary and occasional provision of services other than those referred to in Article 11 to the applicant within a period of three weeks from the expiry of the one-week period provided for in Article 5b(3) or from the receipt of the missing documents. It shall immediately forward the European Professional Card to the competent authority of each host Member State concerned and inform the applicant thereof. The host Member State may not request the declarations referred to in Article 10 for the following 18 months.
(2) An appeal may be made against both the decision and the absence of a decision by the competent authority referred to in Article 5 on the issuance of the professional card.
The holder of a European Professional Card, who intends to provide services in Member States other than those initially mentioned in the application referred to in paragraph 1, may apply for extension to the competent authority. In this case, the procedures referred to in paragraph 1 shall be followed, without prejudice to the last paragraph of Article 5-ter(3). If the holder intends to continue to provide services beyond the period of eighteen months referred to in paragraph 1, he/she shall inform the competent authority. In both cases, the holder shall also provide all information regarding objective changes in the situation evidenced in the IMI file requested by the competent authority referred to in Article 5 in accordance with Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015. The competent authority shall transmit the updated European Professional Card to the host Member States concerned.
Where the competent authority referred to in Article 5, in its capacity as host Member State, is informed through the IMI system of the issuance of a European Professional Card Certificate by the competent authority of another Member State for the purposes set out in this Article, it may not request the declarations referred to in Article 10 for the following eighteen months.
5. The European Professional Card is valid on the entire national territory, for as long as its holder retains the right to exercise, on the basis of the documents and information contained in the IMI file.
Art. 5-quinquies. European Professional Card for establishment and for the temporary and occasional provision of services referred to in Article 11
The competent authority referred to in Article 5, acting as the home Member State, shall verify the authenticity and validity of the supporting documents uploaded by the applicant in the IMI file with a view to the issuance of a European Professional Card for establishment or for the temporary and occasional provision of services as referred to in Article 11. This verification shall be carried out within one month after the expiry of the deadline referred to in Article 5b(3) or, in the case of missing documents, within one month after the receipt of the documents, in accordance with Article 5b(3).
2. In the cases referred to in Articles 27, 31, 58-bis and 58-ter, the competent authority referred to in Article 5, in its capacity as host Member State, shall decide within one month from the date of receipt of the application forwarded by the home Member State whether to issue the European Professional Card. In case of duly justified doubts, the competent authority referred to in Article 5 may ask the home Member State to provide further information or to include a certified copy of a document within two weeks of the request, in which case, without prejudice to paragraph 5, the one-month time limit shall continue to run.
In the cases referred to in Articles 11 and 16, the competent authority referred to in Article 5, in its capacity as host Member State, shall decide within two months of receipt of the application forwarded by the home Member State whether to issue a European Professional Card or to subject the holder of a professional qualification to compensatory measures in accordance with the procedure laid down in Article 22. In the event of duly justified doubts, the competent authority referred to in Article 5 may ask the home Member State for further information or to include a certified copy of a document within two weeks of the request, in which case, without prejudice to paragraph 5, the two-month period shall continue to run.
If the competent authority does not receive from the Member State of origin or from the applicant the information necessary to decide on the issuance of the European Professional Card, it may refuse to issue the card. Such refusal shall be duly justified.
The competent authority referred to in Article 5, acting as the home Member State, shall verify the authenticity and validity of the supporting documents uploaded by the applicant in the IMI file with a view to the issuance of a European Professional Card for establishment or for the temporary and occasional provision of services as referred to in Article 11. This verification shall be carried out within one month after the expiry of the deadline referred to in Article 5b(3) or, in the case of missing documents, within one month after the receipt of the documents, in accordance with Article 5b(3).
2. In the cases referred to in Articles 27, 31, 58-bis and 58-ter, the competent authority referred to in Article 5, in its capacity as host Member State, shall decide within one month from the date of receipt of the application forwarded by the home Member State whether to issue the European Professional Card. In case of duly justified doubts, the competent authority referred to in Article 5 may ask the home Member State to provide further information or to include a certified copy of a document within two weeks of the request, in which case, without prejudice to paragraph 5, the one-month time limit shall continue to run.
In the cases referred to in Articles 11 and 16, the competent authority referred to in Article 5, in its capacity as host Member State, shall decide within two months of receipt of the application forwarded by the home Member State whether to issue a European Professional Card or to subject the holder of a professional qualification to compensatory measures in accordance with the procedure laid down in Article 22. In the event of duly justified doubts, the competent authority referred to in Article 5 may ask the home Member State for further information or to include a certified copy of a document within two weeks of the request, in which case, without prejudice to paragraph 5, the two-month period shall continue to run.
If the competent authority does not receive from the Member State of origin or from the applicant the information necessary to decide on the issuance of the European Professional Card, it may refuse to issue the card. Such refusal shall be duly justified.
If the competent authority does not take a decision within the time limit laid down in paragraphs 2 and 3 or if the applicant is not given the opportunity to take an aptitude test in accordance with Article 11(4), the European Professional Card shall be deemed to be issued and shall be automatically sent via the IMI system to the applicant. The competent authority may extend the time limit laid down in paragraphs 2 and 3 for the issuance of the European Professional Card by two weeks, stating the reasons for the request and informing the applicant thereof. This extension may only be repeated once and only when strictly necessary, in particular for reasons relating to public health or the safety of the recipients of the service.
6. The measures taken by the competent authority in accordance with paragraph 1 shall replace the application for recognition of the professional qualification under the national legislation of the host Member State.
Art. 5-sexies. Processing of and access to data concerning the European Professional Card
1. The competent authorities referred to in Article 5, in their capacity as home and host Member States, in compliance with the provisions of Legislative Decree No 196 of 30 June 2003 approving the Personal Data Protection Code and without prejudice to the alert obligation referred to in Article 8-bis, shall promptly update the corresponding IMI file of European Professional Card holders with information concerning disciplinary and criminal sanctions related to a prohibition or restriction, which have consequences on the exercise of activities. Updates shall include the deletion of information that is no longer required. The European Professional Card holder and the competent authorities having access to the corresponding IMI file shall be informed immediately of any update.
The national judicial authorities that have issued a measure that restricts or prohibits the total or partial exercise of the professional activities of the holder of a European Professional Card, even if only temporarily, in the territory shall promptly inform the competent professional orders or colleges and, in the event that there are no professional orders or colleges for a given regulated profession, the competent authorities referred to in Article 5.
3. The professional associations and colleges shall inform the competent authorities referred to in Article 5 of the measures referred to in paragraph 2, as well as any other measures of which they are aware that restrict or prohibit the total or partial exercise of their activities in the territory by the holder of the European Professional Card, even if only temporarily.
The content of updates to the information referred to in paragraph 1 shall be limited to indicating:
1. The competent authorities referred to in Article 5, in their capacity as home and host Member States, in compliance with the provisions of Legislative Decree No 196 of 30 June 2003 approving the Personal Data Protection Code and without prejudice to the alert obligation referred to in Article 8-bis, shall promptly update the corresponding IMI file of European Professional Card holders with information concerning disciplinary and criminal sanctions related to a prohibition or restriction, which have consequences on the exercise of activities. Updates shall include the deletion of information that is no longer required. The European Professional Card holder and the competent authorities having access to the corresponding IMI file shall be informed immediately of any update.
The national judicial authorities that have issued a measure that restricts or prohibits the total or partial exercise of the professional activities of the holder of a European Professional Card, even if only temporarily, in the territory shall promptly inform the competent professional orders or colleges and, in the event that there are no professional orders or colleges for a given regulated profession, the competent authorities referred to in Article 5.
3. The professional associations and colleges shall inform the competent authorities referred to in Article 5 of the measures referred to in paragraph 2, as well as any other measures of which they are aware that restrict or prohibit the total or partial exercise of their activities in the territory by the holder of the European Professional Card, even if only temporarily.
The content of updates to the information referred to in paragraph 1 shall be limited to indicating:
(a) The identity of the practitioner;
(b) the profession involved;
(c) information regarding the national authority that made the prohibition or restriction decision;
(d) the scope of the restriction or prohibition; and (e) the period during which the restriction or prohibition applies.
Access to the information contained in the IMI file shall be limited to the competent authorities in their capacity as home and host Member States in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The competent authorities shall provide the holder of the European Professional Card with information on the content of the IMI file upon request.
The information contained in the European Professional Card shall be limited to the information necessary to ascertain the holder's right to exercise the profession for which the card has been issued, i.e. name, surname, date and place of birth, profession, formal qualifications of the holder and applicable regime, competent authorities involved, card number, security features and reference to a valid identity document. The information related to the professional experience acquired by the holder of the European Professional Card and the compensatory measures passed shall be included in the IMI file.
7. Personal data included in the IMI file may be processed as long as necessary for the recognition procedure and as evidence of the recognition or transmission of the declaration provided for in Article 10. The competent authorities shall ensure that the holder of the European Professional Card has the right to request, at any time and free of charge, the rectification of inaccurate or incomplete data or the deletion or blocking of the IMI file concerned. The holder shall be informed of this right at the time of issuance of the European Professional Card and every two years after issuance of the card. In the event of a request for deletion of the IMI file by the holder of a European Professional Card issued for establishment or the temporary and occasional provision of services referred to in Article 11, the competent authorities, as the host Member State concerned, shall issue a statement of recognition of his or her qualifications
With regard to the processing of personal data contained in the European Professional Card and in all IMI files, the competent authorities shall be considered the data controllers within the meaning of Article 4, paragraph 1, letter g) of Legislative Decree No 196 of 30 June 2003. For the procedures referred to in paragraphs 1 to 4, the European Commission shall be considered a supervisory authority within the meaning of Article 2, paragraph 1, letter d) of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
Without prejudice to paragraph 3, Competent Authorities shall provide for the possibility for employers, consumers, patients, public authorities and other interested parties to verify the authenticity and validity of a European Professional Card presented to them by the holder. The rules on access to the IMI file, technical means and verification procedures referred to in the first paragraph shall be those laid down in Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015.
Access to the information contained in the IMI file shall be limited to the competent authorities in their capacity as home and host Member States in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The competent authorities shall provide the holder of the European Professional Card with information on the content of the IMI file upon request.
The information contained in the European Professional Card shall be limited to the information necessary to ascertain the holder's right to exercise the profession for which the card has been issued, i.e. name, surname, date and place of birth, profession, formal qualifications of the holder and applicable regime, competent authorities involved, card number, security features and reference to a valid identity document. The information related to the professional experience acquired by the holder of the European Professional Card and the compensatory measures passed shall be included in the IMI file.
7. Personal data included in the IMI file may be processed as long as necessary for the recognition procedure and as evidence of the recognition or transmission of the declaration provided for in Article 10. The competent authorities shall ensure that the holder of the European Professional Card has the right to request, at any time and free of charge, the rectification of inaccurate or incomplete data or the deletion or blocking of the IMI file concerned. The holder shall be informed of this right at the time of issuance of the European Professional Card and every two years after issuance of the card. In the event of a request for deletion of the IMI file by the holder of a European Professional Card issued for establishment or the temporary and occasional provision of services referred to in Article 11, the competent authorities, as the host Member State concerned, shall issue a statement of recognition of his or her qualifications
With regard to the processing of personal data contained in the European Professional Card and in all IMI files, the competent authorities shall be considered the data controllers within the meaning of Article 4, paragraph 1, letter g) of Legislative Decree No 196 of 30 June 2003. For the procedures referred to in paragraphs 1 to 4, the European Commission shall be considered a supervisory authority within the meaning of Article 2, paragraph 1, letter d) of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
Without prejudice to paragraph 3, Competent Authorities shall provide for the possibility for employers, consumers, patients, public authorities and other interested parties to verify the authenticity and validity of a European Professional Card presented to them by the holder. The rules on access to the IMI file, technical means and verification procedures referred to in the first paragraph shall be those laid down in Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015.
Art. 5-septies. Partial access
1. The competent authorities referred to in Article 5, after assessing each individual case, shall grant partial access to a professional activity on national territory only if the following conditions are jointly fulfilled:
(a) the professional is fully qualified to pursue in the home Member State the professional activity for which partial access is requested;
(b) the differences between the professional activity legally exercised in the Member State of origin and the regulated profession in Italy are so great that the application of compensatory measures would require the applicant to complete the full program of education and training provided in the national territory in order to have access to the regulated profession as a whole;
c) the professional activity can be objectively separated from other activities that are part of the regulated profession in Italy. In any case, an activity will be considered separable only if it can be exercised autonomously in the Member State of origin.
2. Partial access may be refused if this is justified by an overriding reason relating to the public interest, which allows the objective pursued to be attained and is limited to what is necessary to attain this objective.
3. Applications for establishment shall be processed in accordance with the provisions of Chapters I and II of Title III.
Applications for the provision of temporary and occasional services involving professional activities having public health or safety implications shall be processed in accordance with the provisions of Title II.
5. Notwithstanding the provisions of this Decree on the use of the professional title, the professional activity, once partial access has been granted, shall be exercised under the professional title of the home member state. Professionals who benefit from partial access shall clearly indicate to the recipients of the service the scope of their professional activities.
6.  This Article does not apply to professionals benefiting from automatic recognition of professional qualifications under Title III, Chapters III , IV and IV-bis.
1. The competent authorities referred to in Article 5, after assessing each individual case, shall grant partial access to a professional activity on national territory only if the following conditions are jointly fulfilled:
(a) the professional is fully qualified to pursue in the home Member State the professional activity for which partial access is requested;
(b) the differences between the professional activity legally exercised in the Member State of origin and the regulated profession in Italy are so great that the application of compensatory measures would require the applicant to complete the full program of education and training provided in the national territory in order to have access to the regulated profession as a whole;
c) the professional activity can be objectively separated from other activities that are part of the regulated profession in Italy. In any case, an activity will be considered separable only if it can be exercised autonomously in the Member State of origin.
2. Partial access may be refused if this is justified by an overriding reason relating to the public interest, which allows the objective pursued to be attained and is limited to what is necessary to attain this objective.
3. Applications for establishment shall be processed in accordance with the provisions of Chapters I and II of Title III.
Applications for the provision of temporary and occasional services involving professional activities having public health or safety implications shall be processed in accordance with the provisions of Title II.
5. Notwithstanding the provisions of this Decree on the use of the professional title, the professional activity, once partial access has been granted, shall be exercised under the professional title of the home member state. Professionals who benefit from partial access shall clearly indicate to the recipients of the service the scope of their professional activities.
6.  This Article does not apply to professionals benefiting from automatic recognition of professional qualifications under Title III, Chapters III , IV and IV-bis.
Art. 6. Service Center
1. The Presidency of the Council of Ministers - Department for European Policies performs the tasks of:
(a) National Coordinator at the European Commission;
(b) Professional Qualifications Recognition Assistance Center.
(2) The coordinator referred to in subsection (1)(a) shall have the following duties:
(a) To promote the uniform application of this Decree by the authorities referred to in Article 5;
b) to encourage the circulation of any information useful to ensure the application of the present decree, in particular that relating to the conditions of access to the regulated professions, also soliciting the help of the assistance centers referred to in the present decree;
(c) consider proposals for common training frameworks and common training tests;
(d) exchange information and best practices in order to optimize ongoing professional development;
The authorities referred to in article 5 shall make available to the coordinator referred to in paragraph 1, letter a), the information and statistical data necessary for the preparation of the biennial report on the application of this decree to be transmitted to the European Commission.
4. The assistance center referred to in paragraph 1, letter b), taking care of the connection of the activities of the assistance centers referred to in paragraph 5 and relations with the European Commission:
(a) Provide citizens and service centers of the other member states with the necessary assistance regarding the recognition of professional qualifications affected by this Decree, including information on the national legislation governing the professions and their practice, including social legislation and any rules of ethics;
b) assists, if necessary, citizens in obtaining the rights attributed to them by the present decree, cooperating, if necessary, with the assistance center of the member State of origin as well as with the competent authorities and with the single contact point as per article 25 of the legislative decree of 26 March 2010, no. 59. At the request of the European Commission, the assistance center shall provide information on the results of the assistance provided, within two months of the request;
c) assesses issues of particular relevance or complexity, jointly with a representative of the regions and autonomous provinces designated at the State-Regions and Autonomous Provinces of Trento and Bolzano Conference, within the framework of the human, financial and instrumental resources available under current legislation.
(5) The competent authorities referred to in Article 5 shall establish their own helpdesk which, in relation to recognitions of competence, shall ensure the tasks referred to in subparagraphs (a) and (b) of subsection (4).
5a. The competent authorities referred to in Article 5 shall fully cooperate with the assistance centers of the host Member States and, upon request, provide them with all relevant information on individual cases, without prejudice to the provisions on the protection of personal data.
(a) National Coordinator at the European Commission;
(b) Professional Qualifications Recognition Assistance Center.
(2) The coordinator referred to in subsection (1)(a) shall have the following duties:
(a) To promote the uniform application of this Decree by the authorities referred to in Article 5;
b) to encourage the circulation of any information useful to ensure the application of the present decree, in particular that relating to the conditions of access to the regulated professions, also soliciting the help of the assistance centers referred to in the present decree;
(c) consider proposals for common training frameworks and common training tests;
(d) exchange information and best practices in order to optimize ongoing professional development;
The authorities referred to in article 5 shall make available to the coordinator referred to in paragraph 1, letter a), the information and statistical data necessary for the preparation of the biennial report on the application of this decree to be transmitted to the European Commission.
4. The assistance center referred to in paragraph 1, letter b), taking care of the connection of the activities of the assistance centers referred to in paragraph 5 and relations with the European Commission:
(a) Provide citizens and service centers of the other member states with the necessary assistance regarding the recognition of professional qualifications affected by this Decree, including information on the national legislation governing the professions and their practice, including social legislation and any rules of ethics;
b) assists, if necessary, citizens in obtaining the rights attributed to them by the present decree, cooperating, if necessary, with the assistance center of the member State of origin as well as with the competent authorities and with the single contact point as per article 25 of the legislative decree of 26 March 2010, no. 59. At the request of the European Commission, the assistance center shall provide information on the results of the assistance provided, within two months of the request;
c) assesses issues of particular relevance or complexity, jointly with a representative of the regions and autonomous provinces designated at the State-Regions and Autonomous Provinces of Trento and Bolzano Conference, within the framework of the human, financial and instrumental resources available under current legislation.
(5) The competent authorities referred to in Article 5 shall establish their own helpdesk which, in relation to recognitions of competence, shall ensure the tasks referred to in subparagraphs (a) and (b) of subsection (4).
5a. The competent authorities referred to in Article 5 shall fully cooperate with the assistance centers of the host Member States and, upon request, provide them with all relevant information on individual cases, without prejudice to the provisions on the protection of personal data.
Art. 7. Language skills
1. Without prejudice to the requirements of Title II and Title III, beneficiaries of recognition of professional qualifications shall have the necessary language skills for the practice of the profession.
1-bis. In cases where the profession has implications for patient safety, the competent authorities referred to in Article 5 must verify knowledge of the Italian language. Checks must also be carried out in relation to other professions, in cases where there is serious and concrete doubt as to whether there is sufficient knowledge of the Italian language in relation to the activity the professional intends to carry out.
1-ter. Checks may be carried out only after a European professional card has been issued in accordance with Article 5-quinquies or after recognition of a professional qualification.
1-quater. The language check shall be proportionate to the activity to be performed. The trader may appeal under national law against the decision ordering such checks.
1-quinquies. The competent authorities referred to in Article 5 may establish by subsequent regulatory or administrative acts, each for the professions under its jurisdiction, the language level required for the proper performance of the profession and the manner of verification.
1-sexies. In implementation of Article 53 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005, and in accordance with Article 99 of the Consolidated Text of the Constitutional Laws concerning the special statute for Trentino-Alto Adige/Südtirol, as per Presidential Decree no. 670 of 31 August 1972, with regard to the territory of the Autonomous Province of Bolzano, knowledge of Italian or German shall constitute a sufficient linguistic requirement for the exercise of the health professions. The linguistic controls provided for by law shall be carried out in accordance with the provisions referred to in this paragraph.
1-septies. In implementation of the provisions of paragraph 1-sexies, the President of the Medical Association of the Autonomous Province of Bolzano is authorized to establish, using the human, instrumental and financial resources available under current legislation, a special section of the Register of Physicians in which professionals who have knowledge of the German language only may be registered, upon request, without prejudice to the other requirements. Registration in the special section authorizes the exercise of the medical profession exclusively in the territory of the Autonomous Province of Bolzano. 1-octies. In health services of public interest, the activity must be organized in such a way as to guarantee the use of the two languages, Italian and German, in accordance with the provisions of Presidential Decree 574 of 15 July 1988.
Chapter II
Relations with non-domestic authorities
Relations with non-domestic authorities
Art. 8. Administrative cooperation
Each authority referred to in Article 5 shall ensure that the information requested by the authority of the Member State of origin, in compliance with national legislation on the protection of personal data, is provided within thirty days. The exchange of information may also take place by telematic means in accordance with procedures defined with the European Union and must take place through the Internal Market Information System (IMI).
The exchange of information referred to in paragraph 1 may concern, in particular, disciplinary actions and criminal sanctions taken against the professional subject to the specific professional recognition procedure referred to in Title II and Title III, where such actions and sanctions are likely to affect, even indirectly, the professional's activity.
For the purposes of paragraph 1, the competent professional Orders and Colleges, if any, shall inform the authority referred to in Article 5 of all sanctions affecting the exercise of the profession.
3-bis. In the context of the procedure referred to in Title II, where the competent authorities referred to in Article 5 decide to verify the professional qualifications of the provider as provided for in Article 11 (4), they may ask the competent authorities of the Member State of establishment, via the IMI system, for information on the training courses followed by the provider, to the extent necessary for the assessment of any substantial differences which could be prejudicial to safety or public health.
In the context of the recognition procedure under Title III, the authority referred to in Article 5 may, in the event of justified doubts, ask the competent authority of the home Member State to confirm the authenticity of the certificates or evidence of training issued by it, and, for the activities envisaged under Title III, Chapter IV, to confirm that the minimum training conditions provided for by law are satisfied.
In the cases referred to in Title III, in the presence of evidence of formal qualifications issued by a competent authority of the Member State of origin following training received in whole or in part in an establishment legally established in Italy, or in the territory of another Member State of the European Union, the competent authority referred to in Article 5 ensures admission to the recognition procedure after verifying, with the competent authority of the Member State of origin, that
(a) the training program of the facility that provided the training has been certified in the form prescribed by the competent authority that issued the training certificate;
(b) the evidence of formal qualifications in question is the same as that issued by the competent authority in the home Member State following training which was given in its entirety in the home establishment;
(c) the evidence of formal qualifications referred to in (b) confers the same rights of access to and exercise of the relevant profession.
Art. 8-bis. Alert mechanism
The competent professional bodies or associations and, where no such body or association exists for the regulated profession, the competent authorities referred to in Article 5 shall inform the competent authorities of all the other Member States, by means of an alert through the IMI system, of measures which restrict or prohibit a professional, even temporarily, from engaging in all or part of the following professional activities in their territory:
(a) Physician and general practitioner holding evidence of formal qualifications referred to in Annex V, points 5.1.1 and 5.1.4;
(b) a specialist physician, holding a qualification referred to in Annex V, point 5.1.3;
(c) a nurse responsible for general care who possesses evidence of formal qualifications referred to in Annex V, point 5.2.2;
(d) A dentist who possesses evidence of formal qualifications referred to in Annex V, point 5.3.2;
(e) A specialist dentist who possesses evidence of formal qualifications referred to in Annex V, point 5.3.3;
(f) a veterinarian who possesses evidence of formal qualifications referred to in Annex V, point 5.4.2;
(g) midwife possessing evidence of formal qualifications referred to in Annex V, point 5.5.2;
(h) a pharmacist possessing evidence of formal qualifications referred to in Annex V, point 5.6.2;
i) holders of the certificates referred to in Article 17, paragraph 9, stating that the holder has completed training that meets the minimum requirements referred to in Articles 33, 34, 38, 41, 42, 44, 46 or 50 respectively, but which began before the reference dates for the qualifications referred to in Annex V, points 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2; l) holders of certificates of acquired rights referred to in Articles 32, 35, 37, 40, 45, 33-bis, 43, 49 and 43-bis;
(m) all professionals engaged in regulated activities affecting patient safety;
(n) professionals engaged in regulated activities related to the education of children, including early childhood care and education.
The information shall be transmitted within three days of the time when the persons referred to in paragraph 1 become aware of the decision restricting or prohibiting the exercise of all or part of the professional activity. This information shall concern:
(a) The identity of the practitioner;
(b) the profession in question;
(c) information about the national authority or court making the decision on the restriction or prohibition;
(d) the scope of the limitation or prohibition; and (e) the period during which the limitation or prohibition applies.
The competent authorities referred to in Article 5 shall also inform, no later than three days after they become aware of the court's decision, the competent authorities of all other Member States, by means of an alert through the IMI system, of the identity of professionals who have applied for recognition of a qualification under this Decree and who have subsequently been found by the courts to have falsified professional qualifications in this context.
4. The national judicial authorities that have issued a measure limiting or prohibiting, even on a temporary basis, the total or partial practice in the territory of a professional referred to in paragraph 1, or the decision referred to in paragraph 3, shall promptly inform the professional Orders or Colleges and the competent authorities referred to in Article 5.
5. Incoming alerts from the competent authorities of other Member States shall be handled by the Department of European Policies, which shall ensure that they are assigned without undue delay to the competent national authorities referred to in Article 5 and to the professional bodies or colleges concerned, which are responsible for handling them.
6. The processing of personal data for the purposes of the exchange of information referred to in paragraphs 1 and 3 must be carried out in compliance with the provisions contained in Legislative Decree 30 June 2003, n. 196.
The competent authorities of all Member States shall be informed without delay of the expiry of a prohibition or restriction referred to in subparagraph 1. To this end, the competent entities providing the information referred to in subparagraph 1 shall also be required to provide the date of expiry of the prohibition or restriction, as well as any subsequent changes to that date.
8. The Professional Orders or Colleges and the competent authorities referred to in Article 5 shall, at the same time as sending the alert, inform the professional concerned in writing.
Against the alert the trader may appeal to request its cancellation or rectification, as well as compensation for any damage caused by unjustified alerts. In these cases the subjects referred to in paragraph 1 indicate in the IMI system that the trader has appealed against the decision on the alert.
Data relating to alerts may only be processed within IMI for as long as they are valid. Alerts shall be deleted within three days from the date of adoption of the revocation decision or from the expiry of the prohibition or restriction referred to in paragraph 1.
11. Provisions on the authorities entitled to send or receive alerts and on the withdrawal and termination of alerts, as well as on measures to ensure security during the processing period are set out in Commission Implementing Regulation (EU) No 2015/983 of 24 June 2015.
Title II
FREEDOM TO PROVIDE SERVICES
Chapter I
General Principles
FREEDOM TO PROVIDE SERVICES
Chapter I
General Principles
Art. 9. Freedom to provide services and occasional and temporary services
1. Without prejudice to Articles 10 to 15, the freedom to provide services on the national territory may not be restricted for reasons relating to professional qualifications:
(a) if the service provider is legally established in another Member State for the purpose of pursuing the corresponding profession there;
(b) where the service provider moves; in that case, where the profession is not regulated in the Member State of establishment, the service provider must have pursued that profession for at least one year during the ten years preceding the provision of services.
The provisions of this title shall apply exclusively in the case where the service provider moves into the territory of the State to exercise, on a temporary and occasional basis, the profession referred to in paragraph 1.
The temporary and occasional nature of the service shall be assessed by the authority referred to in art. 5 on a case-by-case basis, also taking into account the nature of the service, its duration, frequency, periodicity and continuity.
3-bis. In the case of seasonal activities, the competent authorities referred to in Article 5 may carry out checks to verify the temporary and occasional nature of the services provided throughout the national territory. For this purpose they may request, once a year, information on the services actually provided in Italy, where such information has not already been communicated on a voluntary basis by the service provider.
4. If the service provider moves, he is subject to the rules governing the exercise of the profession he is allowed to exercise, such as the definition of the profession, the use of titles and professional liability directly and specifically related to consumer protection and safety, as well as the disciplinary provisions applicable to professionals who, on Italian territory, exercise the corresponding profession.
Chapter II
Requirements for temporary and occasional service provision.
Requirements for temporary and occasional service provision.
Art. 10. Prior declaration in the event of relocation of the service provider
A service provider who, in accordance with Article 9, moves for the first time from another Member State to the national territory in order to provide services, shall inform the authority referred to in Article 5, in advance, by means of a written declaration containing information on the services which he intends to provide as well as on his insurance cover or similar means of personal or collective protection with regard to professional liability. This declaration shall be valid for the current year and must be renewed if the service provider intends subsequently to provide temporary or occasional services in that Member State. The service provider may provide the declaration by any appropriate means of communication.
2. On the occasion of the first service, or at any time there is an objective change in the situation certified by the documents, the declaration referred to in paragraph 1 must be accompanied by
(a) a certificate or copy of a document attesting to the nationality of the provider;
(b) a certificate from the competent authority stating that the holder is legally established in a Member State for the purpose of pursuing the activities in question and that he is not prohibited from engaging in them, even on a temporary basis, at the time the certificate is issued;
(c) a document proving possession of professional qualifications;
(d) in the cases referred to in Article 9(1)(b), proof by any means that the provider has engaged in the activity in question for at least one year in the preceding ten years;
(e) for professions in the security field, in the health field, and for professions related to the education of children, including early childhood care and education, a certificate showing the absence of temporary or final suspensions from the practice of the profession or criminal convictions.
(e-bis) for professions that have patient safety implications, a statement by the applicant that he or she has the knowledge of the language necessary for the practice of the profession;
e-ter) for professions relating to the activities referred to in Article 27, contained in the list notified to the European Commission, for which prior verification of professional qualifications is necessary, a certificate concerning the nature and duration of the activity, issued by the competent authority or body of the Member State of establishment.
2-bis. The presentation of the declaration referred to in paragraph 1 allows the service provider to have access to the service activity and to exercise it throughout the national territory.
For citizens of the European Union legally established in Italy, the certificate referred to in paragraph 2, letter b) is issued, at the request of the interested party and after the appropriate checks, by the competent authority referred to in Article 5.
4. The service provider must inform of his service, prior to execution or, in case of urgency, immediately afterwards, the institution of compulsory social security competent for the profession exercised. The communication, which does not involve obligations of registration or contribution, can 'be made by any appropriate means.
4-bis. The competent authorities referred to in Article 5 shall ensure that all requirements, procedures and formalities, with the exception of the aptitude test provided for in Article 11, can be carried out easily by remote connection and by electronic means. This does not prevent the same competent authorities from requesting certified copies at a later stage, in case of justified doubt and where strictly necessary.
Art. 11. Preliminary verification
In the case of regulated professions having implications for public safety or public health, which do not benefit from recognition under Title III, Chapters III, IV and IV-bis, the authorities referred to in Article 5 may verify the professional qualifications of the service provider prior to the first provision of services.
Preliminary verification is exclusively aimed at avoiding serious damage to the health or safety of the recipient of the service due to the lack of professional qualification of the service provider.
Within one month of receipt of the declaration and the accompanying documents, the authority referred to in Article 5 shall inform the service provider that no prior verification is necessary, or shall inform him of the outcome of the verification or, in the event of difficulty causing delay, the reason for the delay and the date by which the final decision will be taken, which in any event must be taken within two months of receipt of the complete documentation.
In the event of substantial differences between the professional qualifications of the service provider and the training required by national regulations, where such differences are such as to be harmful to public health or safety and cannot be compensated for by the professional experience of the service provider or by knowledge, skills and competence acquired through lifelong learning, formally validated for this purpose by a competent body, the service provider may make up such differences by passing a specific aptitude test, at the expense of the interested party as provided for in Article 25.
5. In the absence of a decision by the competent authority within the time limit set in the preceding paragraphs, the provision of services may be carried out.
In the case of regulated professions having implications for public safety or public health, which do not benefit from recognition under Title III, Chapters III, IV and IV-bis, the authorities referred to in Article 5 may verify the professional qualifications of the service provider prior to the first provision of services.
Preliminary verification is exclusively aimed at avoiding serious damage to the health or safety of the recipient of the service due to the lack of professional qualification of the service provider.
Within one month of receipt of the declaration and the accompanying documents, the authority referred to in Article 5 shall inform the service provider that no prior verification is necessary, or shall inform him of the outcome of the verification or, in the event of difficulty causing delay, the reason for the delay and the date by which the final decision will be taken, which in any event must be taken within two months of receipt of the complete documentation.
In the event of substantial differences between the professional qualifications of the service provider and the training required by national regulations, where such differences are such as to be harmful to public health or safety and cannot be compensated for by the professional experience of the service provider or by knowledge, skills and competence acquired through lifelong learning, formally validated for this purpose by a competent body, the service provider may make up such differences by passing a specific aptitude test, at the expense of the interested party as provided for in Article 25.
5. In the absence of a decision by the competent authority within the time limit set in the preceding paragraphs, the provision of services may be carried out.
Art. 12. Professional title
For the professions referred to in Title III, Chapter IV and in cases where qualifications have been verified in accordance with Article 11, the provision of services is carried out under the professional title provided for by Italian law.
In all other cases, the service shall be provided under the professional title of the Member State of establishment, provided that such a regulated title exists in that Member State for the professional activity in question.
3. The title referred to in paragraph 2 shall be indicated in the official language or one of the official languages of the Member State of establishment.
  Where that professional title does not exist in the Member State of establishment, the service provider shall indicate his evidence of formal qualifications in the official language, or one of the official languages, of that Member State.
For the professions referred to in Title III, Chapter IV and in cases where qualifications have been verified in accordance with Article 11, the provision of services is carried out under the professional title provided for by Italian law.
In all other cases, the service shall be provided under the professional title of the Member State of establishment, provided that such a regulated title exists in that Member State for the professional activity in question.
3. The title referred to in paragraph 2 shall be indicated in the official language or one of the official languages of the Member State of establishment.
  Where that professional title does not exist in the Member State of establishment, the service provider shall indicate his evidence of formal qualifications in the official language, or one of the official languages, of that Member State.
Art. 13. Automatic registration
1. A copy of the declarations referred to in Article 10, paragraph 1, and 'transmitted by the competent authority' referred to in Article 5 to the competent Order or Professional College, if any, which provides for automatic registration in a special section of the registers established and maintained by the provincial councils and the national council with charges borne by the Order or College themselves.
2. In the case of professions referred to in Article 11, paragraph 1, and Title III, Chapter IV, together with the declaration and 'transmitted a copy of the documentation referred to in Article 10, paragraph 2.
2-bis. In the event that the competent authority receives notice, through IMI, of the issuance of a professional card by another Member State, for the temporary provision of services in Italy, it shall inform the competent professional association or college, if any, which shall provide for automatic registration in a special section of the registers established and maintained by the provincial councils and the national council, with charges borne by the association or college itself. Similarly, the competent authority that issues a professional card for the temporary provision of services in the cases referred to in Article 11, shall inform the competent professional association or college for automatic registration.
The registration referred to in paragraph 1 is ensured for the duration of the effectiveness of the declaration referred to in Article 10, paragraph 1.
4. Registration with the Order shall not entail registration with any compulsory social security institution.
1. A copy of the declarations referred to in Article 10, paragraph 1, and 'transmitted by the competent authority' referred to in Article 5 to the competent Order or Professional College, if any, which provides for automatic registration in a special section of the registers established and maintained by the provincial councils and the national council with charges borne by the Order or College themselves.
2. In the case of professions referred to in Article 11, paragraph 1, and Title III, Chapter IV, together with the declaration and 'transmitted a copy of the documentation referred to in Article 10, paragraph 2.
2-bis. In the event that the competent authority receives notice, through IMI, of the issuance of a professional card by another Member State, for the temporary provision of services in Italy, it shall inform the competent professional association or college, if any, which shall provide for automatic registration in a special section of the registers established and maintained by the provincial councils and the national council, with charges borne by the association or college itself. Similarly, the competent authority that issues a professional card for the temporary provision of services in the cases referred to in Article 11, shall inform the competent professional association or college for automatic registration.
The registration referred to in paragraph 1 is ensured for the duration of the effectiveness of the declaration referred to in Article 10, paragraph 1.
4. Registration with the Order shall not entail registration with any compulsory social security institution.
Art. 14. Cooperation between competent authorities
Relevant information on the legality of the establishment and the good conduct of the provider, as well as the absence of any disciplinary or criminal sanctions of a professional nature, shall be requested and ensured by the authorities referred to in Article 5.
The authorities referred to in Article 5 shall ensure that all information necessary for a complaint by a recipient of a service against a provider is exchanged correctly. Recipients shall be informed of the outcome of the complaint.
Relevant information on the legality of the establishment and the good conduct of the provider, as well as the absence of any disciplinary or criminal sanctions of a professional nature, shall be requested and ensured by the authorities referred to in Article 5.
The authorities referred to in Article 5 shall ensure that all information necessary for a complaint by a recipient of a service against a provider is exchanged correctly. Recipients shall be informed of the outcome of the complaint.
Art. 15. Information to the recipient of the service
1. In cases where the service is provided under the professional title of the Member State of establishment or under the provider's educational qualification, the provider is obliged to supply the recipient of the service with the following information, in Italian or another language comprehensible to the recipient of the service:
(a) if the provider is registered in a commercial register or similar public register, the register in which he is registered, his registration number or an equivalent means of identification that appears in that register;
b) if the activity is subject to an authorization scheme in the Member State of establishment, the details of the competent supervisory authority;
c) the professional association or similar body with which the provider is registered;
d) the professional title or, where no such title exists, the title of the service provider and the Member State in which it was awarded;
e) if the service provider performs an activity which is subject to VAT, the VAT identification number referred to in Articles 214 and 215 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;
(f) evidence of any insurance coverage or similar means of personal or group protection for professional liability.
1. In cases where the service is provided under the professional title of the Member State of establishment or under the provider's educational qualification, the provider is obliged to supply the recipient of the service with the following information, in Italian or another language comprehensible to the recipient of the service:
(a) if the provider is registered in a commercial register or similar public register, the register in which he is registered, his registration number or an equivalent means of identification that appears in that register;
b) if the activity is subject to an authorization scheme in the Member State of establishment, the details of the competent supervisory authority;
c) the professional association or similar body with which the provider is registered;
d) the professional title or, where no such title exists, the title of the service provider and the Member State in which it was awarded;
e) if the service provider performs an activity which is subject to VAT, the VAT identification number referred to in Articles 214 and 215 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;
(f) evidence of any insurance coverage or similar means of personal or group protection for professional liability.
Title III
FREEDOM OF ESTABLISHMENT
Chapter I
Procedural rules
FREEDOM OF ESTABLISHMENT
Chapter I
Procedural rules
Art. 16. Recognition procedure under the establishment procedure
1. For the purposes of professional recognition as regulated by this title, the citizen referred to in Article 2 shall apply to the competent authority referred to in Article 5.
2. Within thirty days of receipt of the application referred to in paragraph 1, the authority 'checks the completeness of the documentation submitted, and gives' notice to the interested party. Where necessary, the Authority 'competent requires any necessary integration.
3. Outside the cases provided for in Article 5, paragraph 2, for the evaluation of qualifications acquired, the authority 'can' call a conference of services under the law August 7, 1990, n. 241, after consultation with the National University Council for the activities 'referred to in Title III, Chapter IV, Section VIII, in which representatives participate:
(a) the administrations referred to in Article 5;
(b) of the Department for the Coordination of Community Policies;
(c) the Ministry of Foreign Affairs.
4. A representative of the professional body or college or of the professional category concerned is heard at the services conference.
5. Paragraph 3 does not apply if the application for recognition has as its object identical titles to those for which a previous decree has been issued and in the cases referred to in Chapter IV of this title, Sections I, II, III, IV, V, VI and VII.
Recognition is provided by the competent authority with its own measure, to be adopted within three months of submission of complete documentation by the interested party. The measure is published on the institutional site of each competent administration. For the professions referred to in Chapter II and Chapter III of this title the term is four months.
In the cases referred to in Article 22, the measure shall lay down the conditions for the adaptation period and aptitude test, identifying the competent body or agency in accordance with Article 24.
8. The regions and autonomous provinces of Trento and Bolzano, in the cases referred to in Article 5, paragraph 2, identify the procedures for the assessment of the qualifications for which they are responsible, ensuring equivalent forms of participation by the other authorities concerned. The authorities referred to in Article 5, paragraph 2, shall issue their own decision, establishing, where necessary, any conditions referred to in paragraph 7 of this Article.
9. If the practice of the profession in question is conditioned upon the taking of an oath or solemn affirmation, an appropriate equivalent formulation shall be proposed to the citizen concerned if the formulation of the oath or affirmation cannot be used by said citizen.
Recipients of recognition shall exercise their profession by using the name of the professional title, and any abbreviation thereof, provided for by Italian law.
Art. 17. Application for recognition
The application referred to in Article 16 shall be accompanied by the following documents:
(a) a certificate or copy of a document proving the nationality of the provider;
(b) a copy of the certificates of competency or evidence of formal qualifications giving access to the profession and, where appropriate, a statement of the professional experience of the person concerned;
c) in the cases referred to in Article 27, a certificate concerning the nature and duration of the activity, issued by the competent authority or body of the Member State of origin or the Member State from which the citizen referred to in Article 2, paragraph 1, comes.
The competent authorities referred to in Article 5 may ask the applicant to provide information concerning his training to the extent necessary to determine whether there are any substantial differences with the training required in the territory of the Italian State. Where it is impossible for the applicant to provide such information, the competent authorities referred to in Article 5 shall contact the contact point, the competent authority or any other relevant body in the home Member State.
If access to a regulated profession is subject to the requirements of good repute and morals or to the absence of a declaration of bankruptcy, or if the practice of that profession may be suspended or forbidden in the event of serious professional misconduct or criminal convictions, the existence of these requirements shall be deemed to be proven by documents issued by the competent authorities of the Member State of origin or the Member State from which the citizen referred to in Article 2, paragraph 1, comes.
Where the law of the home Member State or of the Member State from which the person concerned comes does not provide for the issue of the documents referred to in paragraph 3, such documents may be replaced by a declaration on oath or, in Member States where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, before a notary or qualified officer of the home Member State or of the Member State from which the person concerned comes.
The certificates referred to in paragraph 3, in the event that citizens established in Italy intend to settle in other Member States, must be sent to the authorities of the requesting Member States within two months.
6. Where access to a regulated profession is contingent upon possession of sound physical or mental health, such possession shall be deemed to be established by a document prescribed in the home Member State or in the Member State from which the person concerned comes. Where the home Member State or the Member State from which the person comes does not prescribe any such document, the competent authorities referred to in Article 5 shall accept a certificate issued by a competent authority of those States.
7. If the practice of a regulated profession is subject to the possession of financial capacity of the applicant or of insurance against damages arising from professional liability, such requirements shall be deemed to be demonstrated by a certificate issued by a bank or insurance company established in a Member State.
7-bis. In case of justified doubt, the competent authority referred to in Article 5 may request, through the IMI system, confirmation from the competent authority of the State of origin or provenance that the applicant is not subject to suspension or prohibition from exercising the profession due to serious professional misconduct or criminal convictions connected with the exercise of the professional activity.
8. The documents referred to in paragraphs 3, 6 and 7 at the time they are submitted shall not be older than three months.
In the cases envisaged by Title III, Chapter IV, the application is accompanied by a certificate from the competent authority of the Member State of origin attesting that the evidence of formal training satisfies the requirements established by Community regulations on the recognition of evidence of formal training on the basis of the coordination of the minimum training conditions.
9-bis. The competent authorities referred to in Article 5 shall ensure that all requirements, procedures and formalities for the recognition of a professional qualification, with the exception of the completion of the adaptation period or aptitude test, can be easily completed by remote connection and by electronic means. This does not prevent the same competent authorities from requesting certified copies of the documents submitted at a later stage, in case of justified doubt and when strictly necessary.
The application referred to in Article 16 shall be accompanied by the following documents:
(a) a certificate or copy of a document proving the nationality of the provider;
(b) a copy of the certificates of competency or evidence of formal qualifications giving access to the profession and, where appropriate, a statement of the professional experience of the person concerned;
c) in the cases referred to in Article 27, a certificate concerning the nature and duration of the activity, issued by the competent authority or body of the Member State of origin or the Member State from which the citizen referred to in Article 2, paragraph 1, comes.
The competent authorities referred to in Article 5 may ask the applicant to provide information concerning his training to the extent necessary to determine whether there are any substantial differences with the training required in the territory of the Italian State. Where it is impossible for the applicant to provide such information, the competent authorities referred to in Article 5 shall contact the contact point, the competent authority or any other relevant body in the home Member State.
If access to a regulated profession is subject to the requirements of good repute and morals or to the absence of a declaration of bankruptcy, or if the practice of that profession may be suspended or forbidden in the event of serious professional misconduct or criminal convictions, the existence of these requirements shall be deemed to be proven by documents issued by the competent authorities of the Member State of origin or the Member State from which the citizen referred to in Article 2, paragraph 1, comes.
Where the law of the home Member State or of the Member State from which the person concerned comes does not provide for the issue of the documents referred to in paragraph 3, such documents may be replaced by a declaration on oath or, in Member States where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, before a notary or qualified officer of the home Member State or of the Member State from which the person concerned comes.
The certificates referred to in paragraph 3, in the event that citizens established in Italy intend to settle in other Member States, must be sent to the authorities of the requesting Member States within two months.
6. Where access to a regulated profession is contingent upon possession of sound physical or mental health, such possession shall be deemed to be established by a document prescribed in the home Member State or in the Member State from which the person concerned comes. Where the home Member State or the Member State from which the person comes does not prescribe any such document, the competent authorities referred to in Article 5 shall accept a certificate issued by a competent authority of those States.
7. If the practice of a regulated profession is subject to the possession of financial capacity of the applicant or of insurance against damages arising from professional liability, such requirements shall be deemed to be demonstrated by a certificate issued by a bank or insurance company established in a Member State.
7-bis. In case of justified doubt, the competent authority referred to in Article 5 may request, through the IMI system, confirmation from the competent authority of the State of origin or provenance that the applicant is not subject to suspension or prohibition from exercising the profession due to serious professional misconduct or criminal convictions connected with the exercise of the professional activity.
8. The documents referred to in paragraphs 3, 6 and 7 at the time they are submitted shall not be older than three months.
In the cases envisaged by Title III, Chapter IV, the application is accompanied by a certificate from the competent authority of the Member State of origin attesting that the evidence of formal training satisfies the requirements established by Community regulations on the recognition of evidence of formal training on the basis of the coordination of the minimum training conditions.
9-bis. The competent authorities referred to in Article 5 shall ensure that all requirements, procedures and formalities for the recognition of a professional qualification, with the exception of the completion of the adaptation period or aptitude test, can be easily completed by remote connection and by electronic means. This does not prevent the same competent authorities from requesting certified copies of the documents submitted at a later stage, in case of justified doubt and when strictly necessary.
Art. 17-bis. Recognition of professional training
1. If access to a regulated profession in Italy is subject to the completion of a professional traineeship, the authorities responsible for issuing authorizations for the practice of a regulated profession shall recognize professional traineeships carried out in another Member State, provided that the traineeship complies with the guidelines referred to in paragraph 3, and shall take into account professional traineeships carried out in a third country. The aforesaid competent authorities shall establish a reasonable limit to the duration of the part of the professional traineeship that may be carried out abroad, without prejudice to the provisions of the law already in force in this regard.
(2) Recognition of a professional internship shall not replace the requirements for passing an examination in order to gain access to the profession in question.
The Ministry of Education, Universities and Research, for the professions whose professional training is included in the course of undergraduate or postgraduate studies, shall publish, within sixty days from the date of entry into force of this article, guidelines on the organization and recognition of professional training carried out in another Member State or in a third country, in particular on the role of the supervisor of the professional training.
For all professions that do not fall under paragraph 3, the guidelines on the organization and recognition of professional traineeships carried out in another Member State or in a third country, in particular on the role of the supervisor of the professional traineeship, shall be published, within sixty days of the date of entry into force of this article, by the authorities in charge of establishing the criteria and modalities for carrying out the traineeship in Italy on their respective institutional websites.
1. If access to a regulated profession in Italy is subject to the completion of a professional traineeship, the authorities responsible for issuing authorizations for the practice of a regulated profession shall recognize professional traineeships carried out in another Member State, provided that the traineeship complies with the guidelines referred to in paragraph 3, and shall take into account professional traineeships carried out in a third country. The aforesaid competent authorities shall establish a reasonable limit to the duration of the part of the professional traineeship that may be carried out abroad, without prejudice to the provisions of the law already in force in this regard.
(2) Recognition of a professional internship shall not replace the requirements for passing an examination in order to gain access to the profession in question.
The Ministry of Education, Universities and Research, for the professions whose professional training is included in the course of undergraduate or postgraduate studies, shall publish, within sixty days from the date of entry into force of this article, guidelines on the organization and recognition of professional training carried out in another Member State or in a third country, in particular on the role of the supervisor of the professional training.
For all professions that do not fall under paragraph 3, the guidelines on the organization and recognition of professional traineeships carried out in another Member State or in a third country, in particular on the role of the supervisor of the professional traineeship, shall be published, within sixty days of the date of entry into force of this article, by the authorities in charge of establishing the criteria and modalities for carrying out the traineeship in Italy on their respective institutional websites.
Chapter II
General system for the recognition of qualifications
General system for the recognition of qualifications
Art. 18. Scope of application
This chapter shall apply to all occupations not covered by Chapters III and IV of this title and in the following cases: (a) to the activities listed in Annex IV, if the migrant does not meet the requirements of Articles 28 to 30;
(b) to surgeons with basic training, specialist surgeons, nurses responsible for general care, dentists, specialist dentists, veterinarians, midwives, pharmacists, and architects, if the migrant does not meet the requirements for effective and lawful professional practice set forth in Articles 32, 37, 40, 43, 45, 47, 49, and 55.
(c) architects, if the migrant holds a qualification not listed in Annex V, point 5.7; (d) without prejudice to articles 31, paragraph 1, 32 and 35, physicians, nurses, dental practitioners, veterinarians, midwives, pharmacists and architects holding evidence of specialized training, who must undergo training leading to the possession of the qualifications listed in Annex V, points 5.1.1, 5.2.2, 5.3.2, 5.4.2, 5.5.2, 5.6.2 and 5.7.1, and only for the purpose of recognition of the relevant specialization;
(e) nurses responsible for general care and specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles listed in Annex V, point 5.2.2, when the migrant seeks recognition in another Member State where the relevant professional activities are pursued by specialised nurses without training as a nurse responsible for general care;
(f) specialised nurses without training as nurses responsible for general care, when the migrant seeks recognition in another Member State where the relevant professional activities are pursued by nurses responsible for general care, specialised nurses without training as nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles listed in Annex V, point 5.2.2;
g) migrants who meet the requirements of Article 4, paragraph 1, letter c), second sentence.
Art. 19. Qualification levels
1. Solely for the purposes of applying the conditions for professional recognition referred to in Article 21 and Article 22, paragraph 8-bis, professional qualifications are classified in the following levels:
a) attestation of competence: an attestation issued by a competent authority of the home Member State designated in accordance with the laws, regulations or administrative provisions of that Member State, on the basis of
(1) or training that is not part of a certificate or diploma under subsection (b), (c), (d), or (e), or a specific examination not preceded by training, or full-time practice of the profession for three consecutive years in a member state or part-time practice for an equivalent period during the preceding ten years,
(2) or general education at the elementary or secondary level attesting that the holder possesses general knowledge;
(b) certificate: a certificate attesting to the completion of a course of secondary education,
(1) or general supplemented by a course of study or professional training other than those specified in subsection (c) or by the internship or professional practice required in addition to such course of study,
(2) or technical or vocational, supplemented as appropriate by a course of study or vocational training referred to in paragraph (1), or by the internship or professional practice required in addition to that course of study;
(c) diploma: a diploma certifying completion:
1) or training at the post-secondary level of education other than that referred to in subparagraphs (d) and (e) of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the completion of the secondary course of study required for entry to university or higher education or the completion of school education equivalent to the second stage of secondary education, as well as any professional training required in addition to the post-secondary course of study;
(2) or regulated education or training or, in the case of a regulated profession, training with a special structure and competences going beyond that provided for in level b, equivalent to the level of training provided for in point (1), if such training provides a comparable professional standard and prepares the trainee for a comparable level of responsibilities and functions, provided that the diploma is accompanied by a certificate from the home Member State;
d) Diploma: a diploma certifying successful completion of training at the post-secondary level of at least three and not more than four years' duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment providing training of an equivalent level, as well as any professional training required in addition to the post-secondary course;
(e) Diploma: a diploma certifying that the holder has completed a post-secondary course of at least four years' duration, or of an equivalent duration on a part-time basis, at a university or institution of higher education or another institution of equivalent level and, where appropriate, has successfully completed the required professional training in addition to the post-secondary course.
1. Solely for the purposes of applying the conditions for professional recognition referred to in Article 21 and Article 22, paragraph 8-bis, professional qualifications are classified in the following levels:
a) attestation of competence: an attestation issued by a competent authority of the home Member State designated in accordance with the laws, regulations or administrative provisions of that Member State, on the basis of
(1) or training that is not part of a certificate or diploma under subsection (b), (c), (d), or (e), or a specific examination not preceded by training, or full-time practice of the profession for three consecutive years in a member state or part-time practice for an equivalent period during the preceding ten years,
(2) or general education at the elementary or secondary level attesting that the holder possesses general knowledge;
(b) certificate: a certificate attesting to the completion of a course of secondary education,
(1) or general supplemented by a course of study or professional training other than those specified in subsection (c) or by the internship or professional practice required in addition to such course of study,
(2) or technical or vocational, supplemented as appropriate by a course of study or vocational training referred to in paragraph (1), or by the internship or professional practice required in addition to that course of study;
(c) diploma: a diploma certifying completion:
1) or training at the post-secondary level of education other than that referred to in subparagraphs (d) and (e) of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the completion of the secondary course of study required for entry to university or higher education or the completion of school education equivalent to the second stage of secondary education, as well as any professional training required in addition to the post-secondary course of study;
(2) or regulated education or training or, in the case of a regulated profession, training with a special structure and competences going beyond that provided for in level b, equivalent to the level of training provided for in point (1), if such training provides a comparable professional standard and prepares the trainee for a comparable level of responsibilities and functions, provided that the diploma is accompanied by a certificate from the home Member State;
d) Diploma: a diploma certifying successful completion of training at the post-secondary level of at least three and not more than four years' duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment providing training of an equivalent level, as well as any professional training required in addition to the post-secondary course;
(e) Diploma: a diploma certifying that the holder has completed a post-secondary course of at least four years' duration, or of an equivalent duration on a part-time basis, at a university or institution of higher education or another institution of equivalent level and, where appropriate, has successfully completed the required professional training in addition to the post-secondary course.
Art. 20. Equivalent qualifications
  Any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority in another Member State certifying successful completion of training received in the European Union on a full or part-time basis, within or outside formal programmes, which is recognised by that Member State as being of a level equivalent to the level in question and conferring the same rights of access to or pursuit of the profession or preparing for the pursuit of that profession, shall be treated as evidence of formal qualifications certifying successful completion of training referred to in Article 19, including the level.
Any professional qualification which, although not satisfying the requirements contained in the legislative, regulatory or administrative provisions of the home Member State governing access to or the practice of a profession, confers on its holder acquired rights by virtue of these provisions, shall also be treated as evidence of formal qualifications under the same conditions as those set out in paragraph 1. This provision shall apply if the home Member State raises the level of training required for admission to or the practice of a profession, and if a person who has followed a previous course of training which does not satisfy the requirements of the new qualification enjoys acquired rights by virtue of national legislative, regulatory or administrative provisions; in this case, the said previous course of training shall be considered, for the purposes of the application of Article 21, as corresponding to the level of the new course of training.
  Any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority in another Member State certifying successful completion of training received in the European Union on a full or part-time basis, within or outside formal programmes, which is recognised by that Member State as being of a level equivalent to the level in question and conferring the same rights of access to or pursuit of the profession or preparing for the pursuit of that profession, shall be treated as evidence of formal qualifications certifying successful completion of training referred to in Article 19, including the level.
Any professional qualification which, although not satisfying the requirements contained in the legislative, regulatory or administrative provisions of the home Member State governing access to or the practice of a profession, confers on its holder acquired rights by virtue of these provisions, shall also be treated as evidence of formal qualifications under the same conditions as those set out in paragraph 1. This provision shall apply if the home Member State raises the level of training required for admission to or the practice of a profession, and if a person who has followed a previous course of training which does not satisfy the requirements of the new qualification enjoys acquired rights by virtue of national legislative, regulatory or administrative provisions; in this case, the said previous course of training shall be considered, for the purposes of the application of Article 21, as corresponding to the level of the new course of training.
Art. 21. Conditions for recognition
For the purposes of the application of Article 18, paragraph 1, for access to or the practice of a regulated profession, professional qualifications that are prescribed by another Member State for access to and the practice of the corresponding profession shall be eligible for professional recognition. Attestations of competence or evidence of training that are eligible for recognition shall be issued by a competent authority in another Member State, designated under the legislative, regulatory or administrative provisions of that State;
(b) (READING REPEALED BY LAW ENACTED JANUARY 28, 2016, NO. 15).
Access to and pursuit of the regulated profession referred to in paragraph 1 shall also be permitted to applicants who have pursued that profession full-time for one year or, if part-time, for an equivalent total duration, during the preceding ten years, in another Member State that does not regulate it and have one or more attestations of competence or one or more evidence of formal qualifications that satisfy the following conditions:
a) have been issued by a competent authority in another Member State, designated under the laws, regulations or administrative provisions of that Member State;
(b) (READING REPEALED BY LAW ENACTED JANUARY 28, 2016, NO. 15);
(c) attest to the holder's preparation for the practice of the relevant profession.
The year of professional experience referred to in paragraph 2 shall not be required if the evidence of formal qualifications held by the applicant certifies regulated education and training. The competent authority shall accept the level certified in accordance with Article 19 by the home Member State as well as the certificate by which the home Member State certifies that the regulated education and training or the professional training with a special structure referred to in Article 19, paragraph 1, letter c), number 2), is of a level equivalent to that provided for in Article 19, paragraph 1, letter c), number 1).
4. By way of derogation from paragraphs 1 and 2 of this Article and from Article 22, the competent authority referred to in Article 5 may refuse access to and the exercise of the profession to holders of an attestation of competence classified in accordance with Article 19, paragraph 1, letter a), if the national professional qualification required to exercise this profession in Italy is classified in accordance with Article 19, paragraph 1, letter e).
For the purposes of the application of Article 18, paragraph 1, for access to or the practice of a regulated profession, professional qualifications that are prescribed by another Member State for access to and the practice of the corresponding profession shall be eligible for professional recognition. Attestations of competence or evidence of training that are eligible for recognition shall be issued by a competent authority in another Member State, designated under the legislative, regulatory or administrative provisions of that State;
(b) (READING REPEALED BY LAW ENACTED JANUARY 28, 2016, NO. 15).
Access to and pursuit of the regulated profession referred to in paragraph 1 shall also be permitted to applicants who have pursued that profession full-time for one year or, if part-time, for an equivalent total duration, during the preceding ten years, in another Member State that does not regulate it and have one or more attestations of competence or one or more evidence of formal qualifications that satisfy the following conditions:
a) have been issued by a competent authority in another Member State, designated under the laws, regulations or administrative provisions of that Member State;
(b) (READING REPEALED BY LAW ENACTED JANUARY 28, 2016, NO. 15);
(c) attest to the holder's preparation for the practice of the relevant profession.
The year of professional experience referred to in paragraph 2 shall not be required if the evidence of formal qualifications held by the applicant certifies regulated education and training. The competent authority shall accept the level certified in accordance with Article 19 by the home Member State as well as the certificate by which the home Member State certifies that the regulated education and training or the professional training with a special structure referred to in Article 19, paragraph 1, letter c), number 2), is of a level equivalent to that provided for in Article 19, paragraph 1, letter c), number 1).
4. By way of derogation from paragraphs 1 and 2 of this Article and from Article 22, the competent authority referred to in Article 5 may refuse access to and the exercise of the profession to holders of an attestation of competence classified in accordance with Article 19, paragraph 1, letter a), if the national professional qualification required to exercise this profession in Italy is classified in accordance with Article 19, paragraph 1, letter e).
Art. 22. Compensatory measures
(1) Recognition under this chapter may be made contingent upon completion of an adjustment apprenticeship of not more than three years or an aptitude test, at the applicant's option, in any of the following cases:
(a) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
b) if the training received covers substantially different matters from those covered by the evidence of formal qualifications required in Italy;
c) if the regulated profession includes one or more regulated professional activities, which are lacking in the corresponding profession in the applicant's home Member State, and if the training required by the national legislation covers substantially different matters than those covered by the attestation of competence or the evidence of formal qualifications held by the applicant.
In the cases referred to in paragraph 1 for access to the professions of lawyer, accountant, accountant and commercial expert, consultant for industrial property, labor consultant, actuary and auditor, as well as for access to the professions of ski instructor and mountain guide, the recognition and 'subject to passing an aptitude test.
3. By order of the competent authority referred to in Article 5, after consulting the Presidency of the Council of Ministers - Department for the Coordination of Community Policies, other professions are identified for which the provision of advice or assistance in matters of national law is an essential and constant element of the activity.
By way of derogation from the principle set out in paragraph 1, which leaves the applicant the right to choose, in the cases referred to in the same paragraph 1, the competent authorities referred to in Article 5 shall make recognition conditional on passing an aptitude test or an adaptation period:
a) in cases where article 18, paragraph 1, letters b) and c), article 18, paragraph 1, letter d), limited to physicians and dentists, article 18, paragraph 1, letter f), are applied, if the migrant seeks recognition for professional activities carried out by professional nurses and for professional activities carried out by specialized nurses holding evidence of formal qualifications as a specialist which follow the training leading to the possession of the titles listed in Annex V, point 5.2.2, or article 18, paragraph 1, letter g);
b) in cases where Article 18, paragraph 1, letter a), applies, limited to activities carried out on a self-employed basis or in a managerial capacity in a company for which the regulations in force require the knowledge and application of specific national provisions;
c) if it is requested by the holder of a professional qualification referred to in Article 19, paragraph 1, letter a), in cases where the national professional qualification required is classified in accordance with Article 19, paragraph 1, letter c);
d) if it is required by the holder of a professional qualification referred to in Article 19, paragraph 1, letter b), in cases where the national professional qualification required is classified under Article 19, paragraph 1, letters d) or e).
4-bis. (COMPETITION REPEALED BY LAW MAY 3, 2019, NO. 37).
4-ter. In the case of the holder of a professional qualification referred to in Article 19, paragraph 1, letter a), who has applied for the recognition of his professional qualifications, if the national professional qualification applied for is classified according to Article 19, paragraph 1, letter d), the competent authority referred to in Article 5 may impose an adaptation period together with an aptitude test.
5. For the purposes of paragraph 1 (b) and (c), "substantially different matters" means matters whose knowledge is essential to the exercise of the regulated profession and which in terms of duration or content are significantly different from the training received by the migrant.
6. The application of paragraphs 1 and 4 shall entail a subsequent verification of the professional experience, if any, attested by the applicant in order to establish whether the knowledge, skills and competences formally validated for this purpose by a competent body, acquired in the course of such professional experience or through lifelong learning in a Member State or a third country, can bridge the substantial difference referred to in paragraph 3, or part of it.
7. By order of the competent authority concerned, after consultation with the Minister for European Policies and the Ministers responsible for the subject matter, and in compliance with the Community procedure of prior communication to the other Member States and the Commission containing adequate justification for the derogation, other cases may be identified for which, in application of paragraph 1, the aptitude test is required.
8. The measure referred to in paragraph 7 shall take effect three months after its communication to the European Commission, if the latter does not request to refrain from adopting the derogation within that period.
8-bis. The decision to impose an adaptation period or an aptitude test shall be duly substantiated. In particular, the following information shall be communicated to the applicant:
(a) the level of professional qualification required by national law and the level of professional qualification held by the applicant according to the classification established in Article 19;
(b) the substantial differences referred to in paragraph 5 and the reasons why these differences cannot be compensated for by the knowledge, skills and competencies acquired in the course of professional experience or through lifelong learning formally validated for this purpose by a competent body.
8-ter. The applicant shall be given the opportunity to take the aptitude test referred to in subsection (1) within six months of the initial decision to impose that test on the applicant.
(a) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
b) if the training received covers substantially different matters from those covered by the evidence of formal qualifications required in Italy;
c) if the regulated profession includes one or more regulated professional activities, which are lacking in the corresponding profession in the applicant's home Member State, and if the training required by the national legislation covers substantially different matters than those covered by the attestation of competence or the evidence of formal qualifications held by the applicant.
In the cases referred to in paragraph 1 for access to the professions of lawyer, accountant, accountant and commercial expert, consultant for industrial property, labor consultant, actuary and auditor, as well as for access to the professions of ski instructor and mountain guide, the recognition and 'subject to passing an aptitude test.
3. By order of the competent authority referred to in Article 5, after consulting the Presidency of the Council of Ministers - Department for the Coordination of Community Policies, other professions are identified for which the provision of advice or assistance in matters of national law is an essential and constant element of the activity.
By way of derogation from the principle set out in paragraph 1, which leaves the applicant the right to choose, in the cases referred to in the same paragraph 1, the competent authorities referred to in Article 5 shall make recognition conditional on passing an aptitude test or an adaptation period:
a) in cases where article 18, paragraph 1, letters b) and c), article 18, paragraph 1, letter d), limited to physicians and dentists, article 18, paragraph 1, letter f), are applied, if the migrant seeks recognition for professional activities carried out by professional nurses and for professional activities carried out by specialized nurses holding evidence of formal qualifications as a specialist which follow the training leading to the possession of the titles listed in Annex V, point 5.2.2, or article 18, paragraph 1, letter g);
b) in cases where Article 18, paragraph 1, letter a), applies, limited to activities carried out on a self-employed basis or in a managerial capacity in a company for which the regulations in force require the knowledge and application of specific national provisions;
c) if it is requested by the holder of a professional qualification referred to in Article 19, paragraph 1, letter a), in cases where the national professional qualification required is classified in accordance with Article 19, paragraph 1, letter c);
d) if it is required by the holder of a professional qualification referred to in Article 19, paragraph 1, letter b), in cases where the national professional qualification required is classified under Article 19, paragraph 1, letters d) or e).
4-bis. (COMPETITION REPEALED BY LAW MAY 3, 2019, NO. 37).
4-ter. In the case of the holder of a professional qualification referred to in Article 19, paragraph 1, letter a), who has applied for the recognition of his professional qualifications, if the national professional qualification applied for is classified according to Article 19, paragraph 1, letter d), the competent authority referred to in Article 5 may impose an adaptation period together with an aptitude test.
5. For the purposes of paragraph 1 (b) and (c), "substantially different matters" means matters whose knowledge is essential to the exercise of the regulated profession and which in terms of duration or content are significantly different from the training received by the migrant.
6. The application of paragraphs 1 and 4 shall entail a subsequent verification of the professional experience, if any, attested by the applicant in order to establish whether the knowledge, skills and competences formally validated for this purpose by a competent body, acquired in the course of such professional experience or through lifelong learning in a Member State or a third country, can bridge the substantial difference referred to in paragraph 3, or part of it.
7. By order of the competent authority concerned, after consultation with the Minister for European Policies and the Ministers responsible for the subject matter, and in compliance with the Community procedure of prior communication to the other Member States and the Commission containing adequate justification for the derogation, other cases may be identified for which, in application of paragraph 1, the aptitude test is required.
8. The measure referred to in paragraph 7 shall take effect three months after its communication to the European Commission, if the latter does not request to refrain from adopting the derogation within that period.
8-bis. The decision to impose an adaptation period or an aptitude test shall be duly substantiated. In particular, the following information shall be communicated to the applicant:
(a) the level of professional qualification required by national law and the level of professional qualification held by the applicant according to the classification established in Article 19;
(b) the substantial differences referred to in paragraph 5 and the reasons why these differences cannot be compensated for by the knowledge, skills and competencies acquired in the course of professional experience or through lifelong learning formally validated for this purpose by a competent body.
8-ter. The applicant shall be given the opportunity to take the aptitude test referred to in subsection (1) within six months of the initial decision to impose that test on the applicant.
Art. 23. Adjustment apprenticeship and aptitude test
In the cases referred to in Article 22, the duration and subjects of the adaptation period and aptitude test shall be established by the competent authority following the Conference of Services referred to in Article 16, if convened. In the event of an unfavorable final evaluation, the adaptation period may be repeated. The obligations, rights and social benefits enjoyed by the trainee shall be established by current legislation, in accordance with applicable Community law.
The aptitude test consists of a written or practical and oral test or an oral test on the basis of the contents of the subjects established in accordance with paragraph 1. In case of unfavorable outcome or failure of the interested party without valid justification, the aptitude test can not 'be repeated before six months.
2-bis: In the cases referred to in paragraphs 1 and 2, the competent authorities referred to in Article 5 may determine the number of repetitions to which the applicant is entitled, taking into account the practice followed for each profession at national level and in compliance with the principle of non-discrimination.
3. For the purposes of the aptitude test, the competent authorities referred to in Article 5 shall draw up a list of subjects which, on the basis of a comparison between the training required in national territory and that possessed by the applicant, are not covered by the applicant's evidence of formal qualifications. The test shall cover subjects to be chosen from those on the list, knowledge of which is an essential condition for pursuing the profession in the territory of the State. The status of applicants wishing to prepare for the aptitude test shall be determined by the legislation in force.
In the cases referred to in Article 22, the duration and subjects of the adaptation period and aptitude test shall be established by the competent authority following the Conference of Services referred to in Article 16, if convened. In the event of an unfavorable final evaluation, the adaptation period may be repeated. The obligations, rights and social benefits enjoyed by the trainee shall be established by current legislation, in accordance with applicable Community law.
The aptitude test consists of a written or practical and oral test or an oral test on the basis of the contents of the subjects established in accordance with paragraph 1. In case of unfavorable outcome or failure of the interested party without valid justification, the aptitude test can not 'be repeated before six months.
2-bis: In the cases referred to in paragraphs 1 and 2, the competent authorities referred to in Article 5 may determine the number of repetitions to which the applicant is entitled, taking into account the practice followed for each profession at national level and in compliance with the principle of non-discrimination.
3. For the purposes of the aptitude test, the competent authorities referred to in Article 5 shall draw up a list of subjects which, on the basis of a comparison between the training required in national territory and that possessed by the applicant, are not covered by the applicant's evidence of formal qualifications. The test shall cover subjects to be chosen from those on the list, knowledge of which is an essential condition for pursuing the profession in the territory of the State. The status of applicants wishing to prepare for the aptitude test shall be determined by the legislation in force.
Art. 24. Execution of compensatory measures
With reference to Article 5, paragraph 1, the competent authority shall define, with reference to the individual professions, the procedures necessary to ensure the performance, conclusion, execution and evaluation of the measures referred to in Articles 23 and 11.
With reference to Article 5, paragraph 1, the competent authority shall define, with reference to the individual professions, the procedures necessary to ensure the performance, conclusion, execution and evaluation of the measures referred to in Articles 23 and 11.
Art. 25. Financial Provisions Any additional charges deriving from the implementation of the measures provided for in articles 5-bis to 5-sexies, as well as articles 11 and 23, shall be borne by the interested party on the basis of the actual cost of the service, in accordance with procedures to be established by decree of the competent Minister to be issued within sixty days of the date on which this decree comes into force.
Art. 26. (ARTICLE REPEALED BY LEGISLATIVE DECREE 28 JANUARY 2016, NO. 15)
Chapter III
Recognition based on professional experience
Recognition based on professional experience
Art. 27. Professional Experience Requirements
In the case of the activities listed in Annex IV, access to which or pursuit of which is contingent upon possession of general, commercial or professional knowledge and ability, professional recognition shall be subject to proof of actual pursuit of the activity in question in another Member State in accordance with Articles 28, 29 and 30.
Art. 28. Conditions for the recognition of the activities referred to in List I of Annex IV
In the case of activities listed in List I of Annex IV, the activity must have been previously carried out:
(a) for six consecutive years as a self-employed person or business manager;
or (b) for three consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received, for the activity in question, previous training of at least three years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or (c) for four consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received, for the activity in question, previous training of at least two years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
oppure d) per tre anni consecutivi come lavoratore autonomo, se il beneficiario prova di aver esercitato l’attività in questione per almeno cinque anni come lavoratore subordinato; oppure e) per cinque anni consecutivi in funzioni direttive, di cui almeno tre anni con mansioni tecniche che implichino la responsabilità di almeno uno dei reparti dell’azienda, se il beneficiario prova di aver in precedenza ricevuto, per l’attività in questione, una formazione di almeno tre anni sancita da un certificato riconosciuto da uno Stato membro o giudicata del tutto valida da un competente organismo professionale. 2. Nei casi di cui alle lettere a) e d) del comma 1 l’attività non deve essere cessata da più di 10 anni alla data di presentazione della documentazione completa dell’interessato alle autorità competenti di cui all’articolo 5. 3. Il comma 1, lettera e), non si applica alle attivita’ del gruppo ex 855 (parrucchieri) della nomenclatura ISIC.
In the case of activities listed in List I of Annex IV, the activity must have been previously carried out:
(a) for six consecutive years as a self-employed person or business manager;
or (b) for three consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received, for the activity in question, previous training of at least three years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or (c) for four consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received, for the activity in question, previous training of at least two years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
oppure d) per tre anni consecutivi come lavoratore autonomo, se il beneficiario prova di aver esercitato l’attività in questione per almeno cinque anni come lavoratore subordinato; oppure e) per cinque anni consecutivi in funzioni direttive, di cui almeno tre anni con mansioni tecniche che implichino la responsabilità di almeno uno dei reparti dell’azienda, se il beneficiario prova di aver in precedenza ricevuto, per l’attività in questione, una formazione di almeno tre anni sancita da un certificato riconosciuto da uno Stato membro o giudicata del tutto valida da un competente organismo professionale. 2. Nei casi di cui alle lettere a) e d) del comma 1 l’attività non deve essere cessata da più di 10 anni alla data di presentazione della documentazione completa dell’interessato alle autorità competenti di cui all’articolo 5. 3. Il comma 1, lettera e), non si applica alle attivita’ del gruppo ex 855 (parrucchieri) della nomenclatura ISIC.
Art. 29. Conditions for the recognition of the activities listed in List II of Annex IV.
In the case of activities listed in List II of Annex IV, the activity in question must have been previously carried out:
(a) for five consecutive years as a self-employed person or business manager;
or (b) for three consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received, for the activity in question, previous training of at least three years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or (c) for four consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received, for the activity in question, previous training of at least two years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or (d) for three consecutive years as a self-employed person or business manager, if the beneficiary proves that he or she has been engaged in the activity in question for at least five years as an employee;
or (e) for five consecutive years as an employed person, if the beneficiary can prove that he has received previous training of at least three years for the activity in question, evidenced by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or (f) for six consecutive years in an employed capacity, if the beneficiary can prove that he has received, for the activity in question, previous training of at least two years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid.
In the cases referred to in subparagraphs (a) and (d) of paragraph 1, the activity must not have ceased more than 10 years ago at the date of submission of the complete documentation by the interested party to the competent authorities referred to in Article 5.
In the case of activities listed in List II of Annex IV, the activity in question must have been previously carried out:
(a) for five consecutive years as a self-employed person or business manager;
or (b) for three consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received, for the activity in question, previous training of at least three years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or (c) for four consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received, for the activity in question, previous training of at least two years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or (d) for three consecutive years as a self-employed person or business manager, if the beneficiary proves that he or she has been engaged in the activity in question for at least five years as an employee;
or (e) for five consecutive years as an employed person, if the beneficiary can prove that he has received previous training of at least three years for the activity in question, evidenced by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or (f) for six consecutive years in an employed capacity, if the beneficiary can prove that he has received, for the activity in question, previous training of at least two years' duration, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid.
In the cases referred to in subparagraphs (a) and (d) of paragraph 1, the activity must not have ceased more than 10 years ago at the date of submission of the complete documentation by the interested party to the competent authorities referred to in Article 5.
Art. 30. Conditions for the recognition of the activities referred to in List III of Annex IV
In the case of activities listed in List III of Annex IV, the activity in question must have been previously carried out:
(a) for three consecutive years as a self-employed person or business manager;
or (b) for two consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received previous training for the activity in question, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or c) for two consecutive years on a self-employed basis or as a company director if the beneficiary can prove that he or she has previously exercised the activity in question on an employed basis for at least three years;
or d) for three consecutive years on an employed basis, if the beneficiary can prove that he has received previous training for the activity in question, as attested by a certificate recognized by a Member State or judged by a competent professional body to be fully valid.
In the cases referred to in subparagraphs (a) and (c) of paragraph 1, the activity must not have ceased more than 10 years before the date of submission of the complete documentation by the interested party to the competent authorities referred to in Article 5.
In the case of activities listed in List III of Annex IV, the activity in question must have been previously carried out:
(a) for three consecutive years as a self-employed person or business manager;
or (b) for two consecutive years on a self-employed basis or as a manager of an undertaking, if the beneficiary can prove that he has received previous training for the activity in question, as attested by a certificate recognised by a Member State or judged by a competent professional body to be fully valid;
or c) for two consecutive years on a self-employed basis or as a company director if the beneficiary can prove that he or she has previously exercised the activity in question on an employed basis for at least three years;
or d) for three consecutive years on an employed basis, if the beneficiary can prove that he has received previous training for the activity in question, as attested by a certificate recognized by a Member State or judged by a competent professional body to be fully valid.
In the cases referred to in subparagraphs (a) and (c) of paragraph 1, the activity must not have ceased more than 10 years before the date of submission of the complete documentation by the interested party to the competent authorities referred to in Article 5.
Chapter IV
Recognition based on coordination of minimum training requirements
SECTION I
Common Provisions
Recognition based on coordination of minimum training requirements
SECTION I
Common Provisions
Art. 31. Principle of automatic recognition
1. I titoli di formazione di medico, che danno accesso alle attivita’ professionali di medico con formazione di base e medico specialista, infermiere responsabile dell’assistenza generale, odontoiatra, odontoiatra specialista, veterinario, farmacista e architetto, di cui all’allegato V e rispettivamente ai punti 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 e 5.7.1, conformi alle condizioni minime di formazione di cui rispettivamente agli articoli 33, 34, 38, 41, 42, 44, 50 e 52, rilasciati a cittadini di cui all’articolo 2, comma 1, da altri Stati membri, sono riconosciuti dalle autorità di cui all’articolo 5 con gli stessi effetti dei titoli rilasciati in Italia per l’accesso, rispettivamente, all’attività di medico chirurgo, medico chirurgo specialista, infermiere responsabile dell’assistenza generale, odontoiatra, odontoiatra specialista, veterinario, farmacista e architetto.
Evidence of formal qualifications referred to in paragraph 1 must be issued by the competent authorities of the other Member States and accompanied by the certificates listed in Annex V, points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 respectively.
3. The provisions of the first and second paragraphs shall not affect the acquired rights referred to in Articles 32, 35, 37, 40, 43, 45 and 55 respectively.
  The diplomas and certificates awarded by other Member States in accordance with Article 36 and listed in Annex V, point 5.1.4, shall be recognised with the same effects as the diplomas awarded in Italy for access to the activities of general practitioner under the national social security system, without prejudice, however, to the acquired rights referred to in Article 37.
The evidence of formal qualifications as a midwife awarded to the nationals referred to in Article 2, paragraph 1, by the other Member States listed in Annex V, point 5.5.2, which complies with the minimum training conditions laid down in Article 46 and satisfies the procedures set out in Article 47, shall be recognised by the Authority referred to in Article 5, with the same effects as evidence of formal qualifications issued in Italy for access to the activities of midwife; the acquired rights referred to in Article 49 shall nevertheless remain unaffected. The evidence of formal qualifications as an architect which is subject to automatic recognition pursuant to paragraph 1, attests to a course of training which began not earlier than during the academic year indicated in Annex V, point 5.7.1.
Access to and pursuit of the professional activities of medical surgeon, nurse responsible for general care, dental practitioner, veterinarian, midwife and pharmacist shall be contingent upon possession of evidence of formal qualifications referred to in Annex V, points 5.1.1, 5.1.2, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 respectively, attesting, where appropriate, to the acquisition by the professional concerned, in the course of his or her overall training, of the knowledge, skills and competence referred to in articles 33, paragraph 2, 38, paragraphs 6 and 7, 41, paragraph 3, 44, paragraph 4, 46, paragraph 3, and 50, paragraph 3.
The Ministry of Health and the Ministry of Education, Universities and Research, respectively for the health professions and for the professions in the field of architecture covered by this Chapter, shall notify, through the IMI system, through the Department for European Policies, the European Commission of the laws, regulations and administrative provisions they adopt regarding the issuance of evidence of training in the fields covered by this Chapter. In addition, for evidence of training in the field of architecture, this notification shall also be sent to the other Member States. These notifications shall include information regarding the duration and content of the training programs.
The notified information referred to in paragraph 8 shall be published in the Official Journal of the European Union by means of a delegated act adopted by the European Commission, indicating the titles given by the Member States to evidence of formal qualifications and, where appropriate, the body which issues the evidence of formal qualifications, the certificate which accompanies it and the corresponding professional title, which is listed in Annex V and in points 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 respectively.
10. The lists in Annex V shall be updated and modified, in accordance with the relevant modifications defined at Community level, with regard to the health professions, by decree of the Minister of Health, in agreement with the Minister of University and Research, and, with regard to the profession of architect, by decree of the Ministry of University and Research.
11. Recipients of recognition are required to comply with the ongoing training obligations provided for by current legislation.
11-bis. The Ministry of Education, Universities and Research and the Ministry of Health, each for the professions under its jurisdiction, shall inform the European Commission of the measures adopted to ensure the continuing professional development of professionals whose qualifications fall under the scope of Chapter IV, thus guaranteeing the possibility of updating their knowledge, skills and competencies in order to maintain safe and effective professional performance and keep abreast of advances in the profession.
12. Persons holding the Bulgarian title of feldsher issued in Bulgaria prior to December 31, 1999, and who were practicing this profession under the Bulgarian national social security system on January 1, 2000, shall not be entitled to professional recognition under this Decree as a surgeon and nurse responsible for general care.Art. 32. Acquired rights
1. Fatti salvi i diritti acquisiti relativi alle professioni di cui al presente capo i titoli di formazione che danno accesso alle attivita’ professionali di medico con formazione di medico di base e di medico specialista, di infermiere responsabile dell’assistenza generale, di odontoiatra, di odontoiatra specialista, di veterinario, di farmacista in possesso dei cittadini di cui all’articolo 2, comma 1 e che non soddisfano l’insieme dei requisiti di formazione di cui agli articoli 33, 34, 38, 41, 42, 44, 46 e 50 sono riconosciuti se sanciscono il compimento di una formazione iniziata prima delle date indicate nell’allegato V, punti 5.1.1., 5.1.2., 5.2.2., 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 e se sono accompagnati da un attestato che certifica l’esercizio effettivo e lecito dell’attività in questione per almeno tre anni consecutivi nei cinque anni che precedono il rilascio dell’attestato stesso.
2. Recognition shall also be granted in respect of evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as midwife and as pharmacist, obtained in the territory of the former German Democratic Republic, which do not satisfy the minimum training requirements laid down in Articles 33, 34, 38, 41, 42, 44, 46 and 50, insofar as such evidence certifies completion of training commenced:
(a) prior to October 3, 1990, for physicians with basic training, nurses responsible for general care, dentists, dental specialists, veterinarians, midwives, and pharmacists;
(b) prior to April 3, 1992 for specialist physicians.
The evidence of formal qualifications referred to in paragraph 2 entitles the holder to pursue professional activities throughout German territory under the same conditions as evidence of formal qualifications issued by the competent German authorities referred to in Annex V, 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2.
4. Sono altresì riconosciuti i titoli di formazione in medicina, che danno accesso alle attivita’ professionali di medico con formazione di base e di medico specialista, di infermiere responsabile dell’assistenza generale, di veterinario, di ostetrica, di farmacista e di architetto che sono in possesso dei cittadini di cui all’articolo 2, comma 1, e che sono stati rilasciati nell’ex Cecoslovacchia, o per i quali la corrispondente formazione è iniziata, per la Repubblica ceca e la Slovacchia, anteriormente al 1° gennaio 1993, qualora le autorità dell’uno o dell’altro Stato membro sopra indicato attestino che detti titoli di formazione hanno sul loro territorio la stessa validità giuridica dei titoli che esse rilasciano e, per quanto riguarda gli architetti, la stessa validità giuridica dei titoli menzionati, per detti Stati membri, all’allegato VI, punto 6), per quanto riguarda l’accesso e l’esercizio delle attivita’ professionali di medico con formazione di base, medico specialista,
5. Evidence of formal qualifications in medicine giving access to the professional activities of doctor with basic training and specialist doctor, nurse responsible for general care, dental practitioner, specialist dental practitioner, veterinary surgeon, midwife, pharmacist and architect, which are held by the citizens referred to in Article 2, paragraph 1, and which were issued in the former Soviet Union, or for which the corresponding training has begun, shall also be recognized in accordance with Article 31:
(a) for Estonia, before 20 August 1991;
(b) for Latvia, before 21 August 1991;
c) per la Lituania, anteriormente all’11 marzo 1990, qualora le autorità di uno dei tre Stati membri sopra citati attestino che detti titoli hanno sul loro territorio la stessa validità giuridica dei titoli che esse rilasciano e, per quanto riguarda gli architetti, la stessa validità giuridica dei titoli menzionati, per detti Stati membri, all’allegato VI, punto 6, per quanto riguarda l’accesso alle, e l’esercizio delle, attivita’ professionali di medico con formazione di base, medico specialista, infermiere responsabile dell’assistenza generale, dentista, dentista specialista, veterinario, ostetrica e farmacista, relativamente alle attivita’ di cui all’articolo 46, e di architetto, relativamente alle attivita’ di cui all’articolo 54. Detto attestato deve essere corredato da un certificato rilasciato dalle medesime autorità, il quale dimostri l’effettivo e lecito esercizio da parte dei cittadini in questione, nel territorio di questi, delle attivita’ in oggetto per almeno tre anni
6. Sono altresì ammessi al riconoscimento di cui all’articolo 31 i titoli di formazione in medicina, che danno accesso alle attivita’ professionali di medico con formazione di base e di medico specialista, di infermiere responsabile dell’assistenza generale, di odontoiatra, di odontoiatra specialista, di veterinario, di ostetrica, di farmacista e di architetto che sono in possesso dei cittadini di cui all’articolo 1 e che sono stati rilasciati nell’ex Jugoslavia, o per i quali la corrispondente formazione è iniziata, per la Slovenia, anteriormente al 25 giugno 1991, e, per la Croazia, anteriormente all’8 ottobre 1991, qualora le autorità degli Stati membri sopra citati attestino che detti titoli hanno sul loro territorio la stessa validità giuridica dei titoli che esse rilasciano e, per quanto riguarda gli architetti, la stessa validità giuridica dei titoli menzionati, per detti Stati membri, all’allegato VI, punto 6, per quanto riguarda l’accesso alle, e l’esercizio delle, attivita’
7. I titoli di formazione di medico, di infermiere responsabile dell’assistenza generale, di odontoiatra, di veterinario, di ostetrica e di farmacista rilasciati ai cittadini di cui all’articolo 2, comma 1, da un altro Stato membro e che non corrispondono alle denominazioni che compaiono per tale Stato all’allegato V, 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, e 5.6.2 sono riconosciuti se accompagnati da un certificato rilasciato da autorità od organi competenti di detto Stato membro che attesti che tali titoli di formazione sanciscono il compimento di una formazione ai sensi degli articoli 33, 34, 36, 38, 41, 42, 44, 46 e 50 e che sono assimilati dallo Stato membro che li ha rilasciati a quelli le cui denominazioni appaiono nell’allegato V, punti 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 e 5.6.2.
SECTION II
Surgeon
Surgeon
Article 33. Training of Surgeons.
Admission to training as a medical surgeon shall be contingent upon possession of a high school diploma giving access, for such studies, to universities.
Training as a medical doctor shall ensure that the person concerned acquires the following knowledge and skills:
(a) Adequate knowledge of the sciences on which the art of medicine is based, as well as a good understanding of scientific methods, including principles relating to the measurement of biological functions, the evaluation of scientifically established facts, and the analysis of data;
(b) adequate knowledge of the structure, functions, and behavior of humans, healthy and sick, and of the relationships between the physical and social environment of humans and their health status;
(c) Adequate knowledge of clinical problems and methodologies to develop a coherent conception of the nature of mental and physical illness, of the three aspects of medicine: prevention, diagnosis, and treatment, and of human reproduction;
(d) adequate clinical experience gained under appropriate supervision in a hospital.
3. The training referred to in paragraph 1 shall comprise a course of study of a minimum total duration of five years, which may also be expressed in equivalent ECTS credits, consisting of at least 5,500 hours of theoretical and practical instruction given at a university or under the supervision of a university.
4. For those who began their studies before January 1, 1972, the training referred to in paragraph 2 may include six months of full-time practical training at the university level under the supervision of the competent authorities.
Without prejudice to the principle of cost neutrality, ongoing training, in accordance with Legislative Decree no. 229 of June 19, 1999, ensures the professional training and ongoing updating of those who have completed their studies, throughout their professional life.
Art. 34. Specialist medical training and specialist medical designation
Admission to specialist medical training shall be contingent upon the completion and validation of five years of study within the framework of the training cycle referred to in Article 33 during which appropriate knowledge of the medical profession has been acquired.
2. Training leading to the award of a specialist medical degree in the specialties listed in Annex V, sections 5.1.2, 5.1.3 shall meet the following requirements:
a) presuppose the award and validity of the qualification obtained following a course of training as referred to in Article 33 during which adequate knowledge in the field of basic medicine has been acquired;
(b) theoretical and practical teaching, carried out in a university center, a university hospital center or even a health care institution authorized for that purpose by competent authorities or bodies;
(c) full-time training under the supervision of the appropriate authorities or entities.
(3) The issuance of a specialist medical diploma shall be contingent upon the possession of a surgeon's diploma as listed in Annex V, Section 5.1.1.
3-bis. For the purposes of obtaining a qualification as a specialised doctor, partial exemptions may be granted in respect of certain parts of the specialist medical training courses listed in paragraph 5.1.3 of Annex V, provided that those parts have already been followed in another specialist course included in the list set out in paragraph 5.1.3 of Annex V for which the professional has already obtained a professional qualification in a Member State. The exemption may not exceed half of the minimum duration of the specialist medical training course in question. The Ministry of Health, through the Department of European Policies of the Presidency of the Council of Ministers, shall notify the Commission and the other Member States of the relevant national legislation applicable to each of the above-mentioned partial exemptions.
The minimum duration of specialist training courses may not be shorter than that specified for each of the training courses in Annex V, point 5.1.3. Evidence of formal qualifications as a specialised doctor referred to in Article 31 is such evidence awarded by the competent authorities or bodies referred to in Annex V, point 5.1.2 as corresponds, for the specialist training in question, to the titles in force in the Member States and referred to in Annex V, point 5.1.3.
Admission to specialist medical training shall be contingent upon the completion and validation of five years of study within the framework of the training cycle referred to in Article 33 during which appropriate knowledge of the medical profession has been acquired.
2. Training leading to the award of a specialist medical degree in the specialties listed in Annex V, sections 5.1.2, 5.1.3 shall meet the following requirements:
a) presuppose the award and validity of the qualification obtained following a course of training as referred to in Article 33 during which adequate knowledge in the field of basic medicine has been acquired;
(b) theoretical and practical teaching, carried out in a university center, a university hospital center or even a health care institution authorized for that purpose by competent authorities or bodies;
(c) full-time training under the supervision of the appropriate authorities or entities.
(3) The issuance of a specialist medical diploma shall be contingent upon the possession of a surgeon's diploma as listed in Annex V, Section 5.1.1.
3-bis. For the purposes of obtaining a qualification as a specialised doctor, partial exemptions may be granted in respect of certain parts of the specialist medical training courses listed in paragraph 5.1.3 of Annex V, provided that those parts have already been followed in another specialist course included in the list set out in paragraph 5.1.3 of Annex V for which the professional has already obtained a professional qualification in a Member State. The exemption may not exceed half of the minimum duration of the specialist medical training course in question. The Ministry of Health, through the Department of European Policies of the Presidency of the Council of Ministers, shall notify the Commission and the other Member States of the relevant national legislation applicable to each of the above-mentioned partial exemptions.
The minimum duration of specialist training courses may not be shorter than that specified for each of the training courses in Annex V, point 5.1.3. Evidence of formal qualifications as a specialised doctor referred to in Article 31 is such evidence awarded by the competent authorities or bodies referred to in Annex V, point 5.1.2 as corresponds, for the specialist training in question, to the titles in force in the Member States and referred to in Annex V, point 5.1.3.
Specific vested rights of specialist physicians.
The nationals referred to in Article 2(1) who hold a specialist medical diploma referred to in Annex V, points 5.1.2 and 5.1.3 awarded in another Member State, whose specialist medical training, given on a part-time basis, was governed by legislative, regulatory and administrative provisions in force as of 20 June 1975, and who began their specialist training no later than 31 December 1983, may have their evidence of formal qualifications as a specialist doctor recognised, provided that such evidence is accompanied by a certificate issued by the competent authority in the Member State in which the qualification was awarded, certifying that the persons concerned have effectively and lawfully been engaged in the specialist activities in question for at least three consecutive years during the five years preceding the award of the certificate.
The qualification of specialised doctor awarded in Spain to doctors who are nationals of the countries referred to in Article 2(1) and who completed their specialist training before 1 January 1995 shall be recognised, even if that training does not satisfy the minimum training requirements provided for in Article 34, if it is accompanied by a certificate issued by the competent Spanish authorities attesting to the fact that the persons concerned have passed the test of specific professional competence held in the context of exceptional measures of regularisation provided for in Royal Decree 1497/99, with a view to verifying that those persons possess a level of knowledge and skills comparable to that of doctors who possess a qualification as a specialised doctor mentioned for Spain in Annex V, points 5.1.2 and 5.1.3.
Where legislative, regulatory or administrative provisions concerning the award of evidence of formal qualifications as a specialised doctor, referred to in Annex V, points 5.1.2 and 5.1.3, have been repealed and measures regarding acquired rights have been adopted in favour of Italian nationals, nationals of the other Member States who possess evidence of formal qualifications as a specialised doctor obtained in a Member State of the Union shall be entitled to benefit from the same measures, provided that the evidence of formal qualifications as a specialised doctor held by them was issued by the Member State of provenance before the date on which Italy ceased to issue evidence of formal qualifications for the specialisation in question. The dates on which those provisions were repealed are set out in Annex V. 5.1.3.
3-bis. The Ministry of Health, after appropriate verifications, certifies the possession of the qualifications of specialist physician acquired in Italy and listed in points 5.1.2 and 5.1.3 of attachment V, to those who began their specialist training in Italy after December 31, 1983 and before January 1, 1991. The certificate must certify that the specialist physician in question has effectively and legally exercised the activity of specialist physician in Italy, in the same specialist area in question, for at least seven consecutive years during the ten years preceding the awarding of the certificate.
The nationals referred to in Article 2(1) who hold a specialist medical diploma referred to in Annex V, points 5.1.2 and 5.1.3 awarded in another Member State, whose specialist medical training, given on a part-time basis, was governed by legislative, regulatory and administrative provisions in force as of 20 June 1975, and who began their specialist training no later than 31 December 1983, may have their evidence of formal qualifications as a specialist doctor recognised, provided that such evidence is accompanied by a certificate issued by the competent authority in the Member State in which the qualification was awarded, certifying that the persons concerned have effectively and lawfully been engaged in the specialist activities in question for at least three consecutive years during the five years preceding the award of the certificate.
The qualification of specialised doctor awarded in Spain to doctors who are nationals of the countries referred to in Article 2(1) and who completed their specialist training before 1 January 1995 shall be recognised, even if that training does not satisfy the minimum training requirements provided for in Article 34, if it is accompanied by a certificate issued by the competent Spanish authorities attesting to the fact that the persons concerned have passed the test of specific professional competence held in the context of exceptional measures of regularisation provided for in Royal Decree 1497/99, with a view to verifying that those persons possess a level of knowledge and skills comparable to that of doctors who possess a qualification as a specialised doctor mentioned for Spain in Annex V, points 5.1.2 and 5.1.3.
Where legislative, regulatory or administrative provisions concerning the award of evidence of formal qualifications as a specialised doctor, referred to in Annex V, points 5.1.2 and 5.1.3, have been repealed and measures regarding acquired rights have been adopted in favour of Italian nationals, nationals of the other Member States who possess evidence of formal qualifications as a specialised doctor obtained in a Member State of the Union shall be entitled to benefit from the same measures, provided that the evidence of formal qualifications as a specialised doctor held by them was issued by the Member State of provenance before the date on which Italy ceased to issue evidence of formal qualifications for the specialisation in question. The dates on which those provisions were repealed are set out in Annex V. 5.1.3.
3-bis. The Ministry of Health, after appropriate verifications, certifies the possession of the qualifications of specialist physician acquired in Italy and listed in points 5.1.2 and 5.1.3 of attachment V, to those who began their specialist training in Italy after December 31, 1983 and before January 1, 1991. The certificate must certify that the specialist physician in question has effectively and legally exercised the activity of specialist physician in Italy, in the same specialist area in question, for at least seven consecutive years during the ten years preceding the awarding of the certificate.
Specific training in general medicine
1. Admission to specific training in general medicine shall require completion of the course of studies referred to in Article 33.
The specific training course in general medicine, lasting at least three years, is reserved for graduates in medicine and surgery, qualified to practice.
At the end of this course, the specific training diploma in general medicine shall be awarded.
Without prejudice to what is indicated in article 24, paragraph 3, of legislative decree no. 368 of 17 August 1999, the course of specific training in general medicine involves a full-time commitment on the part of the participants with the obligation to attend the theoretical and practical didactic activities, to be carried out under the control of the autonomous regions and provinces. The course concludes with the issue of a diploma of training in general medicine by the autonomous regions and provinces, in conformity with the model prepared by decree of the Minister of Health.
The duration of the course referred to in paragraph 2 may be reduced by a maximum period of one year, and in any case equal to that of the practical training given during the course of the degree in medicine and surgery referred to in Article 33, if said training has been given in a recognized hospital center, which has adequate equipment and services for general medicine, or in a recognized general medicine practice, or in a recognized center in which physicians provide primary care. At the beginning of each academic year, the universities shall notify the Ministry of Health and the Ministry of University and Research of the activation of these training periods. The specific training course in general medicine, which takes place full time under the control of the autonomous regions and provinces, is more practical than theoretical in nature.
1. Admission to specific training in general medicine shall require completion of the course of studies referred to in Article 33.
The specific training course in general medicine, lasting at least three years, is reserved for graduates in medicine and surgery, qualified to practice.
At the end of this course, the specific training diploma in general medicine shall be awarded.
Without prejudice to what is indicated in article 24, paragraph 3, of legislative decree no. 368 of 17 August 1999, the course of specific training in general medicine involves a full-time commitment on the part of the participants with the obligation to attend the theoretical and practical didactic activities, to be carried out under the control of the autonomous regions and provinces. The course concludes with the issue of a diploma of training in general medicine by the autonomous regions and provinces, in conformity with the model prepared by decree of the Minister of Health.
The duration of the course referred to in paragraph 2 may be reduced by a maximum period of one year, and in any case equal to that of the practical training given during the course of the degree in medicine and surgery referred to in Article 33, if said training has been given in a recognized hospital center, which has adequate equipment and services for general medicine, or in a recognized general medicine practice, or in a recognized center in which physicians provide primary care. At the beginning of each academic year, the universities shall notify the Ministry of Health and the Ministry of University and Research of the activation of these training periods. The specific training course in general medicine, which takes place full time under the control of the autonomous regions and provinces, is more practical than theoretical in nature.
Acquired rights specific to general practitioners
1. Surgeons qualified to practice before 31 December 1994 shall also be entitled to practice as general practitioners.
This right shall be extended to physicians who are nationals of another member state who are already registered in the register of surgeons pursuant to Law n. 217 of May 22, 1978, and who, as of December 31, 1996, were holders of a contractual relationship for the activity of physician in general medicine.
3. The nationals referred to in Article 2, paragraph 1, who possess a qualification as doctor obtained in a Member State following a course of training as referred to in Article 33, and who possess rights acquired in their State of origin or provenance, in accordance with the provisions established by each Member State and indicated in Annex V, point 5.1.4, shall have the right to pursue the activities of general practitioner in Italy without the evidence of formal qualifications referred to in Annex V, point 5.1.4.
4. For the purposes of this recognition, Community nationals referred to in paragraph 3, in possession of acquired rights, must produce a certificate issued by the competent authority of the Member State of origin, stating that they are entitled to pursue in that State the activities of general practitioner in the framework of its national social security system without the evidence of formal qualifications referred to in Annex V, point 5.1.4.
The doctors referred to in paragraphs 1 and 2 who intend to exercise the professional activity as a general practitioner in the national social security system of one of the other Member States, even if they do not have specific training in general medicine, must apply for the issuance of the relevant certificate to the competent provincial order of surgeons upon presentation of documentation proving the acquired rights.
The Ministry of Health provides, at the request of the competent authorities of the EU countries, the information inherent to the applications of Italian surgeons who wish to obtain admission to the practice of specific activities in general medicine in the countries of the European Union, and issues the required certifications, upon acquisition of the relative documentation.
1. Surgeons qualified to practice before 31 December 1994 shall also be entitled to practice as general practitioners.
This right shall be extended to physicians who are nationals of another member state who are already registered in the register of surgeons pursuant to Law n. 217 of May 22, 1978, and who, as of December 31, 1996, were holders of a contractual relationship for the activity of physician in general medicine.
3. The nationals referred to in Article 2, paragraph 1, who possess a qualification as doctor obtained in a Member State following a course of training as referred to in Article 33, and who possess rights acquired in their State of origin or provenance, in accordance with the provisions established by each Member State and indicated in Annex V, point 5.1.4, shall have the right to pursue the activities of general practitioner in Italy without the evidence of formal qualifications referred to in Annex V, point 5.1.4.
4. For the purposes of this recognition, Community nationals referred to in paragraph 3, in possession of acquired rights, must produce a certificate issued by the competent authority of the Member State of origin, stating that they are entitled to pursue in that State the activities of general practitioner in the framework of its national social security system without the evidence of formal qualifications referred to in Annex V, point 5.1.4.
The doctors referred to in paragraphs 1 and 2 who intend to exercise the professional activity as a general practitioner in the national social security system of one of the other Member States, even if they do not have specific training in general medicine, must apply for the issuance of the relevant certificate to the competent provincial order of surgeons upon presentation of documentation proving the acquired rights.
The Ministry of Health provides, at the request of the competent authorities of the EU countries, the information inherent to the applications of Italian surgeons who wish to obtain admission to the practice of specific activities in general medicine in the countries of the European Union, and issues the required certifications, upon acquisition of the relative documentation.
SECTION III
Nurse in charge of general care
Art. 38. Training of nurses responsible for general care
Admission to general care nurse manager training shall be contingent upon:
a) on completion of general school education of 12 years' duration attested by a diploma, certificate or other evidence issued by the competent authorities or bodies of a Member State or by a certificate attesting success in an examination of equivalent level giving access to university or to institutions of higher education of a level recognised as equivalent;
or (b) upon completion of general school education of at least ten years attested by a diploma, certificate or other evidence of formal qualifications issued by the competent authorities or bodies of a Member State, or by a certificate attesting to successful completion of an examination of an equivalent level giving access to vocational schools or professional training programs for nurses.
2. Training of nurses responsible for general care shall be given on a full-time basis and shall include at least the programme described in Annex V, point 5.2.1.
3. Training of nurses responsible for general care shall comprise a total of at least three years of study, which may also be expressed in terms of equivalent ECTS credits, consisting of at least 4 600 hours of theoretical and clinical training. The theoretical training shall represent at least one third and the clinical training at least one half of the minimum duration of the training. Partial exemptions may be granted to persons who have received part of their training as part of other training courses of at least an equivalent level.
(4) Theoretical instruction shall be that part of nurse training from which trainee nurses learn the knowledge, skills and professional competencies referred to in subsections (6) and (6-bis). The training shall be given by nursing teachers and other competent personnel in nursing schools and other places of instruction selected by the training institution.
5. L’insegnamento clinico è la parte di formazione di infermiere con cui il candidato infermiere apprende, nell’ambito di un gruppo e a diretto contatto con individui o collettivita’ sani o malati, a pianificare, dispensare e valutare le necessarie cure infermieristiche globali in base a conoscenze, abilita’ e competenze acquisite. Egli apprende non solo a lavorare come membro di un gruppo, ma anche a essere un capogruppo che organizza cure infermieristiche globali, e anche l’educazione alla salute per singoli individui e piccoli gruppi in seno all’istituzione sanitaria o alla collettivita’. L’istituzione incaricata della formazione d’infermiere e’ responsabile del coordinamento tra l’insegnamento teorico e quello clinico per tutto il programma di studi. L’attivita’ d’insegnamento ha luogo in ospedali e altre istituzioni sanitarie e nella collettivita’, sotto la responsabilita’ di infermieri insegnanti e con la cooperazione e l’assistenza di altri infermieri qualificati. All
6. Training of nurses responsible for general care shall ensure that the person concerned has acquired the following knowledge and skills:
(a) a broad knowledge of the sciences on which general nursing is based, including a sufficient knowledge of the body, of the physiological functions and behaviour of healthy and sick persons, and of the relationship between the state of health and the physical and social environment of the human being;
(b) A knowledge of the nature and ethics of the profession and the general principles concerning health and nursing;
(c) adequate clinical experience; such experience, which must be selected for its educational value, must be acquired) under the supervision of qualified nursing staff and in locations where the number of qualified staff and equipment are adequate for the nursing care of patients;
(d) the ability to participate in the training of health care personnel and a track record of working with such personnel;
(e) experience working with others in a health care setting.
6-bis. The title of nurse responsible for general care shall signify the ability of the practitioner concerned to apply at least the following competencies, regardless of whether the training took place in universities, in institutions of higher education of a level recognized as equivalent, or in professional schools, or in the context of professional nursing education programs:
(a) the competence to independently identify necessary nursing care using current theoretical and clinical knowledge and to plan, organize, and deliver nursing care in the treatment of patients, based on the knowledge and skills acquired pursuant to paragraph 6(a), (b), and (c), with a view to improving professional practice;
(b) the competency to work effectively with other health care professionals, including participation in the practical training of health care professionals based on the knowledge and skills acquired pursuant to subsection 6(d) and (e);
(c) the competence to guide individuals, families, and groups toward healthy lifestyles and self-therapy, based on the knowledge and skills acquired pursuant to subsection 6(a) and (b);
(d) the authority to independently initiate immediate life-sustaining measures and to intervene in crisis and disaster situations;
(e) the competence to independently provide advice, guidance, and support to persons in need of care and their support figures;
(f) the competence to independently ensure the quality of nursing care and to evaluate it;
(g) the competence to communicate comprehensively and professionally and to cooperate with members of other health professions;
(h) the competency to analyze quality of care with an eye toward improving one's professional practice as a general care charge nurse.
Nurse in charge of general care
Art. 38. Training of nurses responsible for general care
Admission to general care nurse manager training shall be contingent upon:
a) on completion of general school education of 12 years' duration attested by a diploma, certificate or other evidence issued by the competent authorities or bodies of a Member State or by a certificate attesting success in an examination of equivalent level giving access to university or to institutions of higher education of a level recognised as equivalent;
or (b) upon completion of general school education of at least ten years attested by a diploma, certificate or other evidence of formal qualifications issued by the competent authorities or bodies of a Member State, or by a certificate attesting to successful completion of an examination of an equivalent level giving access to vocational schools or professional training programs for nurses.
2. Training of nurses responsible for general care shall be given on a full-time basis and shall include at least the programme described in Annex V, point 5.2.1.
3. Training of nurses responsible for general care shall comprise a total of at least three years of study, which may also be expressed in terms of equivalent ECTS credits, consisting of at least 4 600 hours of theoretical and clinical training. The theoretical training shall represent at least one third and the clinical training at least one half of the minimum duration of the training. Partial exemptions may be granted to persons who have received part of their training as part of other training courses of at least an equivalent level.
(4) Theoretical instruction shall be that part of nurse training from which trainee nurses learn the knowledge, skills and professional competencies referred to in subsections (6) and (6-bis). The training shall be given by nursing teachers and other competent personnel in nursing schools and other places of instruction selected by the training institution.
5. L’insegnamento clinico è la parte di formazione di infermiere con cui il candidato infermiere apprende, nell’ambito di un gruppo e a diretto contatto con individui o collettivita’ sani o malati, a pianificare, dispensare e valutare le necessarie cure infermieristiche globali in base a conoscenze, abilita’ e competenze acquisite. Egli apprende non solo a lavorare come membro di un gruppo, ma anche a essere un capogruppo che organizza cure infermieristiche globali, e anche l’educazione alla salute per singoli individui e piccoli gruppi in seno all’istituzione sanitaria o alla collettivita’. L’istituzione incaricata della formazione d’infermiere e’ responsabile del coordinamento tra l’insegnamento teorico e quello clinico per tutto il programma di studi. L’attivita’ d’insegnamento ha luogo in ospedali e altre istituzioni sanitarie e nella collettivita’, sotto la responsabilita’ di infermieri insegnanti e con la cooperazione e l’assistenza di altri infermieri qualificati. All
6. Training of nurses responsible for general care shall ensure that the person concerned has acquired the following knowledge and skills:
(a) a broad knowledge of the sciences on which general nursing is based, including a sufficient knowledge of the body, of the physiological functions and behaviour of healthy and sick persons, and of the relationship between the state of health and the physical and social environment of the human being;
(b) A knowledge of the nature and ethics of the profession and the general principles concerning health and nursing;
(c) adequate clinical experience; such experience, which must be selected for its educational value, must be acquired) under the supervision of qualified nursing staff and in locations where the number of qualified staff and equipment are adequate for the nursing care of patients;
(d) the ability to participate in the training of health care personnel and a track record of working with such personnel;
(e) experience working with others in a health care setting.
6-bis. The title of nurse responsible for general care shall signify the ability of the practitioner concerned to apply at least the following competencies, regardless of whether the training took place in universities, in institutions of higher education of a level recognized as equivalent, or in professional schools, or in the context of professional nursing education programs:
(a) the competence to independently identify necessary nursing care using current theoretical and clinical knowledge and to plan, organize, and deliver nursing care in the treatment of patients, based on the knowledge and skills acquired pursuant to paragraph 6(a), (b), and (c), with a view to improving professional practice;
(b) the competency to work effectively with other health care professionals, including participation in the practical training of health care professionals based on the knowledge and skills acquired pursuant to subsection 6(d) and (e);
(c) the competence to guide individuals, families, and groups toward healthy lifestyles and self-therapy, based on the knowledge and skills acquired pursuant to subsection 6(a) and (b);
(d) the authority to independently initiate immediate life-sustaining measures and to intervene in crisis and disaster situations;
(e) the competence to independently provide advice, guidance, and support to persons in need of care and their support figures;
(f) the competence to independently ensure the quality of nursing care and to evaluate it;
(g) the competence to communicate comprehensively and professionally and to cooperate with members of other health professions;
(h) the competency to analyze quality of care with an eye toward improving one's professional practice as a general care charge nurse.
Art. 39. Exercise of the professional activities of nurses responsible for general care
1. The professional activities of nurses responsible for general care are the activities performed on a professional basis and indicated in Annex V, point 5.2.2.
1. The professional activities of nurses responsible for general care are the activities performed on a professional basis and indicated in Annex V, point 5.2.2.
Article 40. Acquired rights specific to nurses responsible for general care.
1. If general care nurses are covered by the general rules of vested rights, their activities shall include full responsibility for planning, organizing, and administering nursing care to patients.
1-bis. For the purposes of verifying that the nurses concerned possess a level of knowledge and competence comparable to that of nurses holding the qualifications listed for Poland in point 5.2.2 of Annex V, the titles of nurse referred to in Article 2(1) shall be recognized:
(a) awarded in Poland to nurses who completed training before 1 May 2004 which did not satisfy the minimum training requirements laid down in Article 31;
b) attestati dal diploma di «licenza di infermiere» ottenuto sulla base di uno speciale programma di rivalorizzazione di cui: 1) all’articolo 11 della legge del 20 aprile 2004, che modifica la legge sulle professioni di infermiere e ostetrica e taluni altri atti giuridici (Gazzetta Ufficiale della Repubblica di Polonia del 2004 n. 92, pag. 885 e del 2007, n. 176, pag. 1237), e il regolamento del Ministro della sanita’ dell’11 maggio 2004 sulle condizioni dettagliate riguardanti i corsi impartiti agli infermieri e alle ostetriche, che sono titolari di un certificato di scuola secondaria (esame finale – maturita’) e che hanno conseguito un diploma di infermiere e di ostetrica presso un liceo medico o una scuola professionale medica (Gazzetta Ufficiale della Repubblica di Polonia del 2004, n. 110, pag. 1170 e del 2010, n. 65, pag. 420), o 2) all’articolo 52, paragrafo 3, della legge del 15 luglio 2011 relativa alle professioni di infermiere e ostetrica (Gazzetta Ufficiale della Repubblica di Poloni
With respect to the Romanian qualification of nurse responsible for general care, only the following provisions shall apply: in the case of nationals referred to in Article 2(1) who have completed training in Romania as a nurse responsible for general care which does not satisfy the minimum requirements laid down in Article 31, Member States shall recognise the following evidence of formal qualifications as nurse responsible for general care as being sufficient proof, provided that such evidence is accompanied by a certificate stating that the nationals of the Member States in question have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania with full responsibility for the planning, organisation and delivery of nursing care to patients for a period of at least three consecutive years during the five years prior to the date of issue of the following certificates:
(a) "Certificat de competente profesionale de asistent medical generalist" awarded on the basis of post-secondary education at a "scoala postliceala", showing that the training started before 1 January 2007;
(b) "Diploma de absolvire de asistent medical generalist" awarded following a bachelor's degree course, showing that the training began before 1 October 2003;
(c) "Diploma de licenta de asistent medical generalist" awarded as a result of an advanced degree program, showing that the training began before October 1, 2003.
(PARAGRAPH DELETED BY LEGISLATIVE DECREE NO. 15 OF JANUARY 28, 2016).
(PARAGRAPH DELETED BY LEGISLATIVE DECREE JANUARY 28, 2016, NO. 15). 4. ((PARAGRAPH DELETED BY LEGISLATIVE DECREE JANUARY 28, 2016, NO. 15).
1. If general care nurses are covered by the general rules of vested rights, their activities shall include full responsibility for planning, organizing, and administering nursing care to patients.
1-bis. For the purposes of verifying that the nurses concerned possess a level of knowledge and competence comparable to that of nurses holding the qualifications listed for Poland in point 5.2.2 of Annex V, the titles of nurse referred to in Article 2(1) shall be recognized:
(a) awarded in Poland to nurses who completed training before 1 May 2004 which did not satisfy the minimum training requirements laid down in Article 31;
b) attestati dal diploma di «licenza di infermiere» ottenuto sulla base di uno speciale programma di rivalorizzazione di cui: 1) all’articolo 11 della legge del 20 aprile 2004, che modifica la legge sulle professioni di infermiere e ostetrica e taluni altri atti giuridici (Gazzetta Ufficiale della Repubblica di Polonia del 2004 n. 92, pag. 885 e del 2007, n. 176, pag. 1237), e il regolamento del Ministro della sanita’ dell’11 maggio 2004 sulle condizioni dettagliate riguardanti i corsi impartiti agli infermieri e alle ostetriche, che sono titolari di un certificato di scuola secondaria (esame finale – maturita’) e che hanno conseguito un diploma di infermiere e di ostetrica presso un liceo medico o una scuola professionale medica (Gazzetta Ufficiale della Repubblica di Polonia del 2004, n. 110, pag. 1170 e del 2010, n. 65, pag. 420), o 2) all’articolo 52, paragrafo 3, della legge del 15 luglio 2011 relativa alle professioni di infermiere e ostetrica (Gazzetta Ufficiale della Repubblica di Poloni
With respect to the Romanian qualification of nurse responsible for general care, only the following provisions shall apply: in the case of nationals referred to in Article 2(1) who have completed training in Romania as a nurse responsible for general care which does not satisfy the minimum requirements laid down in Article 31, Member States shall recognise the following evidence of formal qualifications as nurse responsible for general care as being sufficient proof, provided that such evidence is accompanied by a certificate stating that the nationals of the Member States in question have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania with full responsibility for the planning, organisation and delivery of nursing care to patients for a period of at least three consecutive years during the five years prior to the date of issue of the following certificates:
(a) "Certificat de competente profesionale de asistent medical generalist" awarded on the basis of post-secondary education at a "scoala postliceala", showing that the training started before 1 January 2007;
(b) "Diploma de absolvire de asistent medical generalist" awarded following a bachelor's degree course, showing that the training began before 1 October 2003;
(c) "Diploma de licenta de asistent medical generalist" awarded as a result of an advanced degree program, showing that the training began before October 1, 2003.
(PARAGRAPH DELETED BY LEGISLATIVE DECREE NO. 15 OF JANUARY 28, 2016).
(PARAGRAPH DELETED BY LEGISLATIVE DECREE JANUARY 28, 2016, NO. 15). 4. ((PARAGRAPH DELETED BY LEGISLATIVE DECREE JANUARY 28, 2016, NO. 15).
SECTION IV
Dentist
Dentist
Art. 41. Training of dentists.
Admission to training as a dental practitioner shall be contingent upon possession of a high school diploma giving access, for such studies, to universities.
  The training of dental practitioners shall comprise at least five years of full-time theoretical and practical study, which may additionally be expressed in terms of equivalent ECTS credits, and shall consist of at least 5 000 hours of instruction. The programme of studies leading to the award of a diploma in dentistry and dental prosthetics shall correspond at least to that referred to in Annex V, point 5.3.1. These studies shall be carried out at a university or under the supervision of a university.
3. The training of the dental practitioner shall ensure that the person concerned has acquired the knowledge and skills listed below:
(a) Adequate knowledge of the sciences on which dentistry is based, as well as a good understanding of scientific methods and, in particular, the principles relating to the measurement of biological functions, the evaluation of scientifically established facts, and the analysis of data;
(b) adequate knowledge of the constitution, physiology, and behavior of healthy and diseased persons, and of the way in which the natural and social environment affects the state of human health, insofar as this is related to dentistry;
(c) adequate knowledge of the structure and function of the teeth, mouth, jaws and related tissues, both healthy and diseased, and their relationship to the patient's general state of health and physical and social well-being;
(d) adequate knowledge of clinical disciplines and methods that provide a coherent picture of anomalies, lesions and diseases of the teeth, mouth, jaws and related tissues, and of dentistry from the preventive, diagnostic and therapeutic aspects;
(e) adequate clinical experience gained under appropriate supervision.
4. Training as a dental practitioner confers the necessary skills for carrying out all activities relating to the prevention, diagnosis and treatment of anomalies and diseases of the teeth, mouth, jaws and associated tissues.
5. The professional activities of the dentist are established by Article 1 of Law July 24, 1985, n. 409.
Admission to training as a dental practitioner shall be contingent upon possession of a high school diploma giving access, for such studies, to universities.
  The training of dental practitioners shall comprise at least five years of full-time theoretical and practical study, which may additionally be expressed in terms of equivalent ECTS credits, and shall consist of at least 5 000 hours of instruction. The programme of studies leading to the award of a diploma in dentistry and dental prosthetics shall correspond at least to that referred to in Annex V, point 5.3.1. These studies shall be carried out at a university or under the supervision of a university.
3. The training of the dental practitioner shall ensure that the person concerned has acquired the knowledge and skills listed below:
(a) Adequate knowledge of the sciences on which dentistry is based, as well as a good understanding of scientific methods and, in particular, the principles relating to the measurement of biological functions, the evaluation of scientifically established facts, and the analysis of data;
(b) adequate knowledge of the constitution, physiology, and behavior of healthy and diseased persons, and of the way in which the natural and social environment affects the state of human health, insofar as this is related to dentistry;
(c) adequate knowledge of the structure and function of the teeth, mouth, jaws and related tissues, both healthy and diseased, and their relationship to the patient's general state of health and physical and social well-being;
(d) adequate knowledge of clinical disciplines and methods that provide a coherent picture of anomalies, lesions and diseases of the teeth, mouth, jaws and related tissues, and of dentistry from the preventive, diagnostic and therapeutic aspects;
(e) adequate clinical experience gained under appropriate supervision.
4. Training as a dental practitioner confers the necessary skills for carrying out all activities relating to the prevention, diagnosis and treatment of anomalies and diseases of the teeth, mouth, jaws and associated tissues.
5. The professional activities of the dentist are established by Article 1 of Law July 24, 1985, n. 409.
Art. 42. Training of specialist dental practitioners
1. Admission to a school of specialization in dentistry presupposes the possession of a degree in dentistry and dental prosthetics, accompanied by the relevant license to practice. This degree attests to the successful completion of five years of theoretical and practical studies as part of the training cycle referred to in Article 41.
2 Those who meet the requirements of Articles 32 and 43 shall also be admitted to the schools of specialization in dentistry referred to in paragraph 1.
3. The training of the specialist dental practitioner shall comprise theoretical and practical instruction which shall take place at a university, a hospital or an institution accredited for that purpose by the universities.
4. The training of dental specialists shall be carried out on a full-time basis, for a period of not less than three years, under the supervision of the competent authorities or bodies. It shall require the personal participation of the trainee in the activities and responsibilities of the discipline.
1. Admission to a school of specialization in dentistry presupposes the possession of a degree in dentistry and dental prosthetics, accompanied by the relevant license to practice. This degree attests to the successful completion of five years of theoretical and practical studies as part of the training cycle referred to in Article 41.
2 Those who meet the requirements of Articles 32 and 43 shall also be admitted to the schools of specialization in dentistry referred to in paragraph 1.
3. The training of the specialist dental practitioner shall comprise theoretical and practical instruction which shall take place at a university, a hospital or an institution accredited for that purpose by the universities.
4. The training of dental specialists shall be carried out on a full-time basis, for a period of not less than three years, under the supervision of the competent authorities or bodies. It shall require the personal participation of the trainee in the activities and responsibilities of the discipline.
Art. 43. Acquired rights specific to dentists
1. For the purposes of carrying out the professional activity of dental practitioner referred to in Annex V, point 5.3.2, the nationals referred to in Article 2(1) who possess evidence of formal qualifications as a doctor issued in Spain, Austria, the Czech Republic, Slovakia and Romania and who began their medical training no later than the date indicated, for each of those States, in Annex V, point 5.3.2, shall be recognised as having evidence of formal qualifications as a doctor provided that they are accompanied by a certificate issued by the competent authority in the State of origin.
2. This certificate must certify that the conditions listed below have been met:
(a) that such citizens have actually, lawfully, and principally engaged in the professional practice of dentistry in their home state for at least three consecutive years during the five years preceding the issuance of the certificate;
b) that such persons are authorized to pursue the said activity under the same conditions as holders of evidence of formal qualifications listed for the country of provenance in Annex V, point 5.3.2.
3. A person who has completed at least three years of study, certified by the competent authorities of the country of origin of the person concerned as being equivalent to the training referred to in Article 41, shall be exempted from the requirement of three years' professional practice referred to in paragraph 2 (a).
With regard to the Czech Republic and Slovakia, evidence of formal qualifications obtained in the former Czechoslovakia shall be recognised in the same way as Czech and Slovak evidence of formal qualifications and under the same conditions as set out in the preceding paragraphs.
5. The Ministry of Health, after appropriate investigations and in collaboration with the Orders of Physicians, Surgeons and Dentists, shall certify the possession of medical training titles issued in Italy to those who began university training in medicine after January 28, 1980 and before December 31, 1984. The certificate shall certify compliance with the following three conditions:
a) that such persons have passed the relevant aptitude test organised by the competent Italian authorities to verify the possession of knowledge and skills of a level comparable to those of persons possessing evidence of formal qualifications listed for Italy in Annex V, point 5.3.2;
(b) that such persons have been effectively, lawfully and principally engaged in the professional practice of dentistry in Italy for at least three consecutive years during the five years preceding the issuance of the certificate;
c) that such persons are authorised to engage in or are effectively, lawfully and principally engaged in the professional activities of dental practitioners under the same conditions as the holders of evidence of formal qualifications listed for Italy in Annex V, point 5.3.2.
6. Those who have completed at least three years of study, which the Ministry of Health, after the appropriate investigations at the Ministry of University and Research and in collaboration with the Orders of surgeons and dentists certify as equivalent to the training referred to in Article 41, are exempt from the aptitude test, referred to in the fifth paragraph, letter a).
6-bis. The official evidence of dental training obtained in a Member State shall be recognized, in accordance with Article 31 of this Decree, in the case of the nationals referred to in Article 2, paragraph 1, if they began their training before 18 January 2016. 6-ter. The evidence of medical training issued in Spain to professionals who began their university training in medicine between 1 January 1986 and 31 December 1997 shall be recognized in the case of the nationals referred to in Article 2, paragraph 1, provided that they are accompanied by a certificate issued by the competent Spanish authorities. Said certificate must confirm compliance with the following three conditions:
(a) the professional concerned has successfully completed at least three years of study, certified by the competent Spanish authorities as being equivalent to the training referred to in Article 41;
b) the professional in question has effectively, legally and principally exercised in Spain the activities referred to in Article 41, paragraph 4, for at least three consecutive years during the five years preceding the issue of the certificate;
c) the professional in question is authorized to engage in or is actually engaged in the activities referred to in Article 41, paragraph 4, under the same conditions as the holders of evidence of formal qualifications listed for Spain in Annex V, point 5.3.2.
1. For the purposes of carrying out the professional activity of dental practitioner referred to in Annex V, point 5.3.2, the nationals referred to in Article 2(1) who possess evidence of formal qualifications as a doctor issued in Spain, Austria, the Czech Republic, Slovakia and Romania and who began their medical training no later than the date indicated, for each of those States, in Annex V, point 5.3.2, shall be recognised as having evidence of formal qualifications as a doctor provided that they are accompanied by a certificate issued by the competent authority in the State of origin.
2. This certificate must certify that the conditions listed below have been met:
(a) that such citizens have actually, lawfully, and principally engaged in the professional practice of dentistry in their home state for at least three consecutive years during the five years preceding the issuance of the certificate;
b) that such persons are authorized to pursue the said activity under the same conditions as holders of evidence of formal qualifications listed for the country of provenance in Annex V, point 5.3.2.
3. A person who has completed at least three years of study, certified by the competent authorities of the country of origin of the person concerned as being equivalent to the training referred to in Article 41, shall be exempted from the requirement of three years' professional practice referred to in paragraph 2 (a).
With regard to the Czech Republic and Slovakia, evidence of formal qualifications obtained in the former Czechoslovakia shall be recognised in the same way as Czech and Slovak evidence of formal qualifications and under the same conditions as set out in the preceding paragraphs.
5. The Ministry of Health, after appropriate investigations and in collaboration with the Orders of Physicians, Surgeons and Dentists, shall certify the possession of medical training titles issued in Italy to those who began university training in medicine after January 28, 1980 and before December 31, 1984. The certificate shall certify compliance with the following three conditions:
a) that such persons have passed the relevant aptitude test organised by the competent Italian authorities to verify the possession of knowledge and skills of a level comparable to those of persons possessing evidence of formal qualifications listed for Italy in Annex V, point 5.3.2;
(b) that such persons have been effectively, lawfully and principally engaged in the professional practice of dentistry in Italy for at least three consecutive years during the five years preceding the issuance of the certificate;
c) that such persons are authorised to engage in or are effectively, lawfully and principally engaged in the professional activities of dental practitioners under the same conditions as the holders of evidence of formal qualifications listed for Italy in Annex V, point 5.3.2.
6. Those who have completed at least three years of study, which the Ministry of Health, after the appropriate investigations at the Ministry of University and Research and in collaboration with the Orders of surgeons and dentists certify as equivalent to the training referred to in Article 41, are exempt from the aptitude test, referred to in the fifth paragraph, letter a).
6-bis. The official evidence of dental training obtained in a Member State shall be recognized, in accordance with Article 31 of this Decree, in the case of the nationals referred to in Article 2, paragraph 1, if they began their training before 18 January 2016. 6-ter. The evidence of medical training issued in Spain to professionals who began their university training in medicine between 1 January 1986 and 31 December 1997 shall be recognized in the case of the nationals referred to in Article 2, paragraph 1, provided that they are accompanied by a certificate issued by the competent Spanish authorities. Said certificate must confirm compliance with the following three conditions:
(a) the professional concerned has successfully completed at least three years of study, certified by the competent Spanish authorities as being equivalent to the training referred to in Article 41;
b) the professional in question has effectively, legally and principally exercised in Spain the activities referred to in Article 41, paragraph 4, for at least three consecutive years during the five years preceding the issue of the certificate;
c) the professional in question is authorized to engage in or is actually engaged in the activities referred to in Article 41, paragraph 4, under the same conditions as the holders of evidence of formal qualifications listed for Spain in Annex V, point 5.3.2.
SECTION V
Veterinarian
Veterinarian
Article 44. Training of veterinary surgeons
Admission to the training of veterinary surgeons is subject to the possession of a high school diploma giving access, for such studies, to the Universities.
2. The degree in veterinary medicine is obtained after a course of theoretical and practical university studies of a minimum duration of five years, carried out on a full-time basis, which may also be expressed in equivalent ECTS credits, at a university or under the supervision of a university.
  The course of training leading to the award of the qualification of veterinary surgeon shall comprise at least the programme described in Annex V, point 5.4.1.
4. The training of veterinary surgeons shall guarantee the acquisition, by the person concerned, of the knowledge and skills listed below:
(a) adequate knowledge of the sciences on which the activities of veterinary surgeons are based and of the relevant Union legislation;
(b) adequate knowledge of the anatomy, functions, behaviour and physiological requirements of animals, as well as the skills and expertise required for their husbandry, nutrition, welfare, breeding and general hygiene;
c) clinical, epidemiological, and analytical skills and competencies necessary for the prevention, diagnosis, and treatment of animal diseases, including anesthesia, aseptic surgery, and painless death, both individually and collectively, as well as specific knowledge of diseases communicable to humans;
(d) knowledge, skills and competencies necessary for the responsible and judicious use of veterinary medicinal products to address and ensure the safety of the food chain and protection of the environment;
(e) Adequate knowledge, skills, and competencies of preventive medicine, including investigation and certification skills;
(f) adequate knowledge of the hygiene and technology involved in the sourcing, manufacturing and marketing of animal feed or food of animal origin for human consumption, including the skills and competence necessary to understand and explain good practice in this respect;
(g) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15;
(h) LETTER REPEALED BY DECREE OF JANUARY 28, 2016, NO. 15.
Acquired rights specific to veterinary surgeons
Without prejudice to Article 32, the nationals referred to in Article 2(1) whose evidence of formal qualifications as veterinary surgeon was issued by, or whose training commenced in, Estonia before 1 May 2004 shall be recognised as veterinary surgeons if accompanied by a certificate issued by the competent Estonian authorities certifying that such nationals have effectively and lawfully been engaged in the professional activities of veterinary surgeons in Estonia for at least five consecutive years during the seven years prior to the date of issue of the said certificate.
Without prejudice to Article 32, the nationals referred to in Article 2(1) whose evidence of formal qualifications as veterinary surgeon was issued by, or whose training commenced in, Estonia before 1 May 2004 shall be recognised as veterinary surgeons if accompanied by a certificate issued by the competent Estonian authorities certifying that such nationals have effectively and lawfully been engaged in the professional activities of veterinary surgeons in Estonia for at least five consecutive years during the seven years prior to the date of issue of the said certificate.
SECTION VI
Midwife
Midwife
Art. 46. Training of midwives
(1) Training as a midwife shall include at least one of the following:
a) specific full-time training as a midwife of at least three years' theoretical and practical study (option I) covering at least the programme described in Annex V, point 5.5.1;
(b) specific full-time training as a midwife of 18 months' duration (option II) covering at least the study programme described in Annex V, point 5.5.1, the subjects of which are not included in equivalent training for nurses responsible for general care. The body responsible for the training of midwives shall be responsible for coordinating theory and practice throughout the entire study programme.
Access to midwifery training is subject to one of the following conditions:
(a) completion of at least the first 12 years of general education or possession of a certificate attesting to successful completion of an examination, of an equivalent level, for admission to a school of midwifery, for option I, or (b) possession of a qualification as a nurse responsible for general care referred to in Annex V, 5.5.1, for option II.
Training as a midwife shall ensure that the person concerned has acquired the following knowledge and skills:
a) a detailed knowledge of the sciences which are the basis of the activities of midwives, and in particular of obstetrics, obstetrics and gynaecology;
(b) an adequate knowledge of professional ethics and legislation;
c) adequate knowledge of general medicine (biological functions, anatomy and physiology) and pharmacology in the field of obstetrics and with regard to the newborn, as well as knowledge of the links between the state of health and the physical and social environment of the human being and his or her behaviour;
(d) adequate clinical experience in approved institutions such that the midwife is capable, independently and on her own responsibility, to the extent necessary and excluding pathological picture, of managing prenatal care, conducting delivery and its sequelae in approved institutions and supervising labour and birth, postnatal care and neonatal resuscitation while awaiting medical attention;
(e) An adequate understanding of the training of health care personnel and experience working with such personnel.
Conditions for the recognition of the title of midwife
Qualifications in midwifery education listed in Annex V, Section 5.5.2 shall be eligible for automatic recognition under Article 31 if they meet one of the following requirements:
(a) full-time midwifery training of at least three years, which may also be expressed, in addition, in equivalent ECTS credits, consisting of at least 4,600 hours of theoretical and practical training, at least one-third of the minimum duration of which shall be in direct clinical practice;
(b) full-time training as a midwife of at least two years, which may also be expressed, in addition, in equivalent ECTS credits, consisting of at least 3 600 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in Annex V, point 5.2.2;
(c) full-time training as a midwife of at least 18 months, which may also be expressed, in addition, in equivalent ECTS credits, consisting of at least 3,000 hours contingent upon possession of a qualification as a nurse responsible for general care referred to in Annex V, 5.22 and followed by one year's professional practice for which a certificate is issued pursuant to subsection 2.
The certificate referred to in paragraph 1 shall be issued by the competent authorities of the home Member State and shall certify that the holder, after obtaining evidence of formal qualifications as a midwife, has satisfactorily pursued all the activities of a midwife for a corresponding period in a hospital or a health care establishment approved for that purpose.
Qualifications in midwifery education listed in Annex V, Section 5.5.2 shall be eligible for automatic recognition under Article 31 if they meet one of the following requirements:
(a) full-time midwifery training of at least three years, which may also be expressed, in addition, in equivalent ECTS credits, consisting of at least 4,600 hours of theoretical and practical training, at least one-third of the minimum duration of which shall be in direct clinical practice;
(b) full-time training as a midwife of at least two years, which may also be expressed, in addition, in equivalent ECTS credits, consisting of at least 3 600 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in Annex V, point 5.2.2;
(c) full-time training as a midwife of at least 18 months, which may also be expressed, in addition, in equivalent ECTS credits, consisting of at least 3,000 hours contingent upon possession of a qualification as a nurse responsible for general care referred to in Annex V, 5.22 and followed by one year's professional practice for which a certificate is issued pursuant to subsection 2.
The certificate referred to in paragraph 1 shall be issued by the competent authorities of the home Member State and shall certify that the holder, after obtaining evidence of formal qualifications as a midwife, has satisfactorily pursued all the activities of a midwife for a corresponding period in a hospital or a health care establishment approved for that purpose.
Art. 48. Exercise of the professional activities of midwives
The provisions of this section shall apply to the activities of midwives as defined by applicable law, subject to subsection (2), and practiced under the professional titles set forth in Annex V, Section 5.5.2.
(2) Midwives shall be licensed to practice the following activities:
(a) Provide good information and advice regarding family planning issues;
(b) to ascertain the pregnancy and subsequently monitor the normal pregnancy, to perform the necessary tests to monitor the development of the normal pregnancy;
c) prescribe the tests necessary for the earliest possible diagnosis of high-risk pregnancies;
(d) set up programs to prepare prospective parents for their duties, ensure thorough preparation for childbirth, and provide advice on hygiene and nutrition;
(e) assisting the parturient during labor and monitoring the status of the fetus in utero by appropriate clinical and technical means;
(f) Perform normal delivery when it is a vertex presentation, including episiotomy if necessary, and, in an emergency, perform delivery in the case of a breech presentation;
(g) to detect in the mother or child signs of abnormality requiring the intervention of a physician and to assist the latter in the event of intervention; to take such emergency measures as may be required in the absence of a physician and, in particular, the manual extraction of the placenta followed, if necessary, by manual uterine revision;
h) examining and caring for the new-born infant, taking any necessary action in case of need and, if necessary, carrying out immediate resuscitation;
i) assisting the mother in childbirth, supervising the puerperium and giving the mother all useful advice to enable her to bring up the newborn child in the best possible way;
(l) Practice treatment prescribed by a physician;
(m) prepare the necessary written reports.
The provisions of this section shall apply to the activities of midwives as defined by applicable law, subject to subsection (2), and practiced under the professional titles set forth in Annex V, Section 5.5.2.
(2) Midwives shall be licensed to practice the following activities:
(a) Provide good information and advice regarding family planning issues;
(b) to ascertain the pregnancy and subsequently monitor the normal pregnancy, to perform the necessary tests to monitor the development of the normal pregnancy;
c) prescribe the tests necessary for the earliest possible diagnosis of high-risk pregnancies;
(d) set up programs to prepare prospective parents for their duties, ensure thorough preparation for childbirth, and provide advice on hygiene and nutrition;
(e) assisting the parturient during labor and monitoring the status of the fetus in utero by appropriate clinical and technical means;
(f) Perform normal delivery when it is a vertex presentation, including episiotomy if necessary, and, in an emergency, perform delivery in the case of a breech presentation;
(g) to detect in the mother or child signs of abnormality requiring the intervention of a physician and to assist the latter in the event of intervention; to take such emergency measures as may be required in the absence of a physician and, in particular, the manual extraction of the placenta followed, if necessary, by manual uterine revision;
h) examining and caring for the new-born infant, taking any necessary action in case of need and, if necessary, carrying out immediate resuscitation;
i) assisting the mother in childbirth, supervising the puerperium and giving the mother all useful advice to enable her to bring up the newborn child in the best possible way;
(l) Practice treatment prescribed by a physician;
(m) prepare the necessary written reports.
Acquired rights specific to midwives
1. Viene riconosciuta come prova sufficiente per i cittadini degli altri Stati membri dell’Unione europea, i cui titoli di formazione in ostetricia soddisfano tutti i requisiti minimi di formazione di cui all’articolo 46 ma, ai sensi dell’articolo 47, sono riconoscibili solo se accompagnati dall’attestato di pratica professionale di cui al suddetto articolo 47, comma 2, i titoli di formazione rilasciati dagli Stati membri prima della data di riferimento di cui all’allegato V, punto 5.5.2, accompagnati da un attestato che certifichi l’effettivo e lecito esercizio da parte di questi cittadini delle attivita’ in questione per almeno due anni consecutivi nei cinque che precedono il rilascio dell’attestato. 1-bis. Ai cittadini di cui all’articolo 2, comma 1, in possesso dei titoli di formazione in ostetricia, sono riconosciute automaticamente le qualifiche professionali se il richiedente ha iniziato la formazione prima del 18 gennaio 2016 e i criteri di ammissione prevedevano all’epoca dieci an
The conditions laid down in paragraph 1 shall apply to nationals of Member States whose evidence of formal qualifications as a midwife certifies training received in the territory of the former German Democratic Republic and satisfying all the minimum training requirements laid down in Article 46, but, by virtue of Article 47, shall be recognised only if accompanied by the attestation of professional practice referred to in Article 47(2), if it attests a course of training which began before 3 October 1990.
PARAGRAPH REPEALED BY LEGISLATIVE DECREE NO. 15 OF JANUARY 28, 2016.
4. For the purpose of verifying that the midwives concerned possess a level of knowledge and skills comparable to that of midwives holding the qualifications listed for Poland in Annex V, point 5.5.2, the titles of midwife which have been awarded in Poland to midwives who completed training before 1 May 2004, which does not satisfy the minimum training requirements laid down in Article 40, as attested by the title "Licence of midwife" awarded on the basis of a special refresher training programme referred to in Article 40, shall be recognised:
(a) Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurses and midwives and certain other legal acts (Journal of Laws of the Republic of Poland of 2004 No 92, pos. 885 and of 2007 No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions for courses for nurses and midwives who hold a secondary school certificate (final examination - matura) and have graduated from a medical lyceum or medical vocational school for teaching a profession of nursing and midwifery (Journal of Laws of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420), or
(b) Article 53(3) of the Act of 15 July 2011 on the professions of nurses and midwives (Official Gazette of the Republic of Poland of 2011, No 174, p. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions for university teaching courses given to nurses and midwives who hold a secondary school certificate (final examination - matura) and have obtained a diploma in nursing and midwifery at a secondary medical school or higher educational institution for teaching a profession of nursing and midwifery (Official Gazette of the Republic of Poland of 2012, p. 770).
In the case of nationals of the Member States whose evidence of formal qualifications as a midwife (asistent medical obstetricsã-gynecology) was awarded by Romania before the date of its accession to the European Union and whose training does not satisfy the minimum training requirements laid down in Article 46, such evidence shall be recognised as sufficient proof for the purposes of carrying out the activities of a midwife, if accompanied by a certificate stating that such persons have effectively and lawfully been engaged in the activities of a midwife in Romania for at least five consecutive years during the seven years prior to the date of issue of the certificate.
5-bis. Acquired rights in midwifery shall not apply to the following titles obtained in Croatia before 1 July 2013: visa medicinska sestra ginekolosko-opstetrickog smjera (higher level nurse in the field of obstetrics and gynecology), medicinska sestra ginekolosko-opstetrickog smjera (nurse in the field of obstetrics and gynecology), visa medicinska sestra primaljskog smjera (higher level nurse with diploma in midwifery), medicinska sestra primaljskog smjera (nurse with diploma in midwifery), ginekolosko-opstetricka primalja (midwife in the field of obstetrics and gynecology) and primalja (midwife).
1. Viene riconosciuta come prova sufficiente per i cittadini degli altri Stati membri dell’Unione europea, i cui titoli di formazione in ostetricia soddisfano tutti i requisiti minimi di formazione di cui all’articolo 46 ma, ai sensi dell’articolo 47, sono riconoscibili solo se accompagnati dall’attestato di pratica professionale di cui al suddetto articolo 47, comma 2, i titoli di formazione rilasciati dagli Stati membri prima della data di riferimento di cui all’allegato V, punto 5.5.2, accompagnati da un attestato che certifichi l’effettivo e lecito esercizio da parte di questi cittadini delle attivita’ in questione per almeno due anni consecutivi nei cinque che precedono il rilascio dell’attestato. 1-bis. Ai cittadini di cui all’articolo 2, comma 1, in possesso dei titoli di formazione in ostetricia, sono riconosciute automaticamente le qualifiche professionali se il richiedente ha iniziato la formazione prima del 18 gennaio 2016 e i criteri di ammissione prevedevano all’epoca dieci an
The conditions laid down in paragraph 1 shall apply to nationals of Member States whose evidence of formal qualifications as a midwife certifies training received in the territory of the former German Democratic Republic and satisfying all the minimum training requirements laid down in Article 46, but, by virtue of Article 47, shall be recognised only if accompanied by the attestation of professional practice referred to in Article 47(2), if it attests a course of training which began before 3 October 1990.
PARAGRAPH REPEALED BY LEGISLATIVE DECREE NO. 15 OF JANUARY 28, 2016.
4. For the purpose of verifying that the midwives concerned possess a level of knowledge and skills comparable to that of midwives holding the qualifications listed for Poland in Annex V, point 5.5.2, the titles of midwife which have been awarded in Poland to midwives who completed training before 1 May 2004, which does not satisfy the minimum training requirements laid down in Article 40, as attested by the title "Licence of midwife" awarded on the basis of a special refresher training programme referred to in Article 40, shall be recognised:
(a) Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurses and midwives and certain other legal acts (Journal of Laws of the Republic of Poland of 2004 No 92, pos. 885 and of 2007 No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions for courses for nurses and midwives who hold a secondary school certificate (final examination - matura) and have graduated from a medical lyceum or medical vocational school for teaching a profession of nursing and midwifery (Journal of Laws of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420), or
(b) Article 53(3) of the Act of 15 July 2011 on the professions of nurses and midwives (Official Gazette of the Republic of Poland of 2011, No 174, p. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions for university teaching courses given to nurses and midwives who hold a secondary school certificate (final examination - matura) and have obtained a diploma in nursing and midwifery at a secondary medical school or higher educational institution for teaching a profession of nursing and midwifery (Official Gazette of the Republic of Poland of 2012, p. 770).
In the case of nationals of the Member States whose evidence of formal qualifications as a midwife (asistent medical obstetricsã-gynecology) was awarded by Romania before the date of its accession to the European Union and whose training does not satisfy the minimum training requirements laid down in Article 46, such evidence shall be recognised as sufficient proof for the purposes of carrying out the activities of a midwife, if accompanied by a certificate stating that such persons have effectively and lawfully been engaged in the activities of a midwife in Romania for at least five consecutive years during the seven years prior to the date of issue of the certificate.
5-bis. Acquired rights in midwifery shall not apply to the following titles obtained in Croatia before 1 July 2013: visa medicinska sestra ginekolosko-opstetrickog smjera (higher level nurse in the field of obstetrics and gynecology), medicinska sestra ginekolosko-opstetrickog smjera (nurse in the field of obstetrics and gynecology), visa medicinska sestra primaljskog smjera (higher level nurse with diploma in midwifery), medicinska sestra primaljskog smjera (nurse with diploma in midwifery), ginekolosko-opstetricka primalja (midwife in the field of obstetrics and gynecology) and primalja (midwife).
SECTION VII
Pharmacist
Pharmacist
Article 50. Training as a pharmacist
Admission to training as a pharmacist shall be contingent upon possession of a high school diploma giving access, for such studies, to universities.
2. Evidence of formal qualifications as a pharmacist shall attest to training of at least five years' duration, which may also be expressed additionally in terms of equivalent ECTS credits, including at least
(a) four years of full-time theoretical and practical instruction at a university, a college of recognized equivalent standing, or under the supervision of a university;
(b) during or at the end of the theoretical and practical training, six months of traineeship in a pharmacy which is open to the public or in a hospital, under the supervision of that hospital's pharmaceutical department. This training cycle shall include at least the programme described in Annex V, point 5.6.1.
3. Training as a pharmacist shall guarantee that the person concerned has acquired the knowledge and skills listed below:
(a) an adequate knowledge of medicines and the substances used in their manufacture;
(b) adequate knowledge of pharmaceutical technology and physical, chemical, biological, and microbiological control of drugs;
(c) adequate knowledge of the metabolism and effects of medicinal products and of the action of toxic substances and the use of medicinal products;
(d) adequate knowledge to evaluate scientific data concerning medicinal products in order to be able to provide appropriate information on that basis;
(e) adequate knowledge of the rules and conditions governing the operation of pharmaceutical activities.
Admission to training as a pharmacist shall be contingent upon possession of a high school diploma giving access, for such studies, to universities.
2. Evidence of formal qualifications as a pharmacist shall attest to training of at least five years' duration, which may also be expressed additionally in terms of equivalent ECTS credits, including at least
(a) four years of full-time theoretical and practical instruction at a university, a college of recognized equivalent standing, or under the supervision of a university;
(b) during or at the end of the theoretical and practical training, six months of traineeship in a pharmacy which is open to the public or in a hospital, under the supervision of that hospital's pharmaceutical department. This training cycle shall include at least the programme described in Annex V, point 5.6.1.
3. Training as a pharmacist shall guarantee that the person concerned has acquired the knowledge and skills listed below:
(a) an adequate knowledge of medicines and the substances used in their manufacture;
(b) adequate knowledge of pharmaceutical technology and physical, chemical, biological, and microbiological control of drugs;
(c) adequate knowledge of the metabolism and effects of medicinal products and of the action of toxic substances and the use of medicinal products;
(d) adequate knowledge to evaluate scientific data concerning medicinal products in order to be able to provide appropriate information on that basis;
(e) adequate knowledge of the rules and conditions governing the operation of pharmaceutical activities.
Art. 51. Exercise of the professional activities of a pharmacist
1. Holders of evidence of formal qualifications as a university pharmacist, together with the diploma entitling them to pursue the profession referred to in Annex V, point 5.6.2, who satisfy the training requirements set out in Article 50, shall be authorised to gain access to and pursue at least the activities listed below, without prejudice to the provisions of national law laying down further requirements for the pursuit of those activities:
(a) preparation of the pharmaceutical form of medicines;
(b) manufacture and testing of drugs;
(c) drug testing in a drug testing laboratory;
(d) storage, preservation, and distribution of drugs at the wholesale stage;
(e) procurement, preparation, testing, storage, distribution, and delivery of safe, quality medications in pharmacies open to the public;
(f) preparation, testing, storage, and distribution of medications in hospitals;
(g) dissemination of information and advice on medicines as such, including their proper use;
g-bis) reporting to the competent authorities of undesirable effects of pharmaceutical products;
(g-ter) Personalized accompaniment of patients practicing self-medication;
(g-quater) contribution to institutional public health campaigns.
1. Holders of evidence of formal qualifications as a university pharmacist, together with the diploma entitling them to pursue the profession referred to in Annex V, point 5.6.2, who satisfy the training requirements set out in Article 50, shall be authorised to gain access to and pursue at least the activities listed below, without prejudice to the provisions of national law laying down further requirements for the pursuit of those activities:
(a) preparation of the pharmaceutical form of medicines;
(b) manufacture and testing of drugs;
(c) drug testing in a drug testing laboratory;
(d) storage, preservation, and distribution of drugs at the wholesale stage;
(e) procurement, preparation, testing, storage, distribution, and delivery of safe, quality medications in pharmacies open to the public;
(f) preparation, testing, storage, and distribution of medications in hospitals;
(g) dissemination of information and advice on medicines as such, including their proper use;
g-bis) reporting to the competent authorities of undesirable effects of pharmaceutical products;
(g-ter) Personalized accompaniment of patients practicing self-medication;
(g-quater) contribution to institutional public health campaigns.
SECTION VIII
Architect
Architect
Art. 52. Training as an architect
(1) The training of an architect shall include alternately:
(a) at least five years of full-time study at a university or comparable educational institution, evidenced by the passing of a college-level examination;
(b) not less than four years of full-time study at a university or comparable educational institution, evidenced by the passing of a university-level examination, accompanied by a certificate certifying the completion of two years of professional internship in accordance with subsection 4.
1-bis. Architecture must be the principal element of the training referred to in paragraph 1. This training must maintain a balance between the theoretical and practical aspects of architectural education and must guarantee at least the acquisition of the following knowledge, skills and competencies:
(a) ability to create architectural designs that meet aesthetic and technical requirements;
b) adequate knowledge of the history and theories of architecture as well as the arts, technologies and human sciences related to it;
(c) knowledge of the fine arts as factors that may affect the quality of architectural design;
(d) Adequate knowledge of urban design, planning, and techniques applied in the planning process;
e) ability to understand the relationship between man and architecture and between architecture and their environment, as well as the ability to understand the need to adapt between them and architectural works and spaces, according to the needs and the measure of man;
(f) ability to understand the importance of the profession and the functions of the architect in society, particularly by developing designs that take into account social factors;
(g) Knowledge of construction project investigation and preparation methods;
(h) knowledge of structural design, construction, and civil engineering problems associated with building design;
i) adequate knowledge of physical problems and technologies as well as the function of buildings, so as to make them internally comfortable and protect them from climatic factors, in the context of sustainable development;
(l) technical ability to design buildings that meet the needs of users, within the constraints imposed by cost factors and building codes;
(m) Adequate knowledge of the industries, organizations, regulations, and procedures necessary to carry out building projects and to integrate plans into master planning.
1-ter. The number of years of academic teaching referred to in paragraphs 1 and 1-bis may also be expressed in equivalent ECTS credits.
1-quater. The professional traineeship referred to in paragraph 1, letter b), must take place only after the completion of the first three years of academic teaching. At least one year of the professional traineeship must refer to the knowledge, skills and competencies acquired in the course of the teaching referred to in paragraph 1-bis. To this end, the professional traineeship must be carried out under the supervision of a professional or a professional body authorized by the competent authority referred to in Article 5. This traineeship may also be carried out in another Member State provided that it complies with the guidelines on traineeships published by the Ministry of Education, Universities and Research. The professional traineeship is evaluated by the competent authority referred to in Article 5.
Art. 53. Exceptions to the conditions of training as an architect
(1) PARAGRAPH REPEALED BY LEGISLATIVE DECREE NO. 15 OF JANUARY 28, 2016.
2. PARAGRAPH REPEALED BY LEGISLATIVE DECREE JANUARY 28, 2016, NO. 15.
3. By way of derogation from Article 52, the following shall also be recognized as satisfactory within the meaning of Article 31: training acquired within the framework of social promotion or part-time university studies, as well as training attested by the passing of an examination in architecture by a person who has been working for seven years or more in the field of architecture under the supervision of an architect or architectural bureau. The examination must be of university level and equivalent to the final examination referred to in Article 52, paragraph 1, letter b).
(1) PARAGRAPH REPEALED BY LEGISLATIVE DECREE NO. 15 OF JANUARY 28, 2016.
2. PARAGRAPH REPEALED BY LEGISLATIVE DECREE JANUARY 28, 2016, NO. 15.
3. By way of derogation from Article 52, the following shall also be recognized as satisfactory within the meaning of Article 31: training acquired within the framework of social promotion or part-time university studies, as well as training attested by the passing of an examination in architecture by a person who has been working for seven years or more in the field of architecture under the supervision of an architect or architectural bureau. The examination must be of university level and equivalent to the final examination referred to in Article 52, paragraph 1, letter b).
Art. 54. Exercise of the activity
1. Recognition confers on diplomas, certificates and other evidence of formal qualifications the same effect as diplomas awarded by the Italian State for access to the activity in the field of architecture and for its exercise under the professional title of architect.
2. Recognition confers the right to use the title of architect according to Italian law and allows the use of the recognized title and its abbreviation according to the law of the Member State of origin or provenance and in the language of the latter.
1. Recognition confers on diplomas, certificates and other evidence of formal qualifications the same effect as diplomas awarded by the Italian State for access to the activity in the field of architecture and for its exercise under the professional title of architect.
2. Recognition confers the right to use the title of architect according to Italian law and allows the use of the recognized title and its abbreviation according to the law of the Member State of origin or provenance and in the language of the latter.
Specific vested rights of architects.
1. Evidence of formal qualifications as an architect listed in Annex VI, point 6, issued by the Member States and attesting a course of training which began no later than the academic reference year referred to in that Annex shall be recognized, even if they do not satisfy the minimum requirements laid down in Article 52, and shall, for the purposes of access to and pursuit of the professional activities of an architect, give such evidence the same effect on its territory as evidence of formal qualifications as an architect which it itself issues.
1-bis. Paragraph 1 shall also apply to the titles of training of architects referred to in Annex V, if the training began before 18 January 2016.
2. The certificates issued by the competent authorities of the Federal Republic of Germany attesting to the equivalence between the evidence of formal qualifications issued by the competent authorities of the German Democratic Republic on or after 8 May 1945 and those listed in the annex are recognized.
2-bis. Without prejudice to paragraphs 1 and 2, certificates issued to nationals of Member States by Member States which have regulations governing access to and the practice of the activities of architects shall be recognized, with the same effect as evidence of formal qualifications issued on Italian territory for access to and the practice of the professional activities of an architect, under the professional title of architect, on the following dates:
(a) 1 January 1995 for Austria, Finland and Sweden;
(b) 1 January 2004 for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia;
(c) 1 July 2013 for Croatia;
(d) August 5, 1987, for other Member States.
2-ter. The certificates referred to in paragraph 1 shall certify that the holder has been authorized to use the professional title of architect by that date and, within the framework of these regulations, has actually practiced the activity in question for at least three consecutive years during the five years preceding the issuance of the certificate.
2-quater. For the purposes of access to and pursuit of the professional activities of an architect, the following shall be recognized as evidence of completion of training existing as of August 5, 1985, and commenced no later than January 17, 2014, provided by "Fachhochschulen" in the Federal Republic of Germany for a period of three years, in conformity with the requirements set forth in Article 52, paragraph 2, and suitable for access to the activities pursued in said member State under the professional title of "architect", provided that the training is completed by a period of four years of professional experience in the Federal Republic of Germany, attested by a certificate issued by the competent authority with which the architect wishing to benefit from the provisions of the present decree is registered.
1. Evidence of formal qualifications as an architect listed in Annex VI, point 6, issued by the Member States and attesting a course of training which began no later than the academic reference year referred to in that Annex shall be recognized, even if they do not satisfy the minimum requirements laid down in Article 52, and shall, for the purposes of access to and pursuit of the professional activities of an architect, give such evidence the same effect on its territory as evidence of formal qualifications as an architect which it itself issues.
1-bis. Paragraph 1 shall also apply to the titles of training of architects referred to in Annex V, if the training began before 18 January 2016.
2. The certificates issued by the competent authorities of the Federal Republic of Germany attesting to the equivalence between the evidence of formal qualifications issued by the competent authorities of the German Democratic Republic on or after 8 May 1945 and those listed in the annex are recognized.
2-bis. Without prejudice to paragraphs 1 and 2, certificates issued to nationals of Member States by Member States which have regulations governing access to and the practice of the activities of architects shall be recognized, with the same effect as evidence of formal qualifications issued on Italian territory for access to and the practice of the professional activities of an architect, under the professional title of architect, on the following dates:
(a) 1 January 1995 for Austria, Finland and Sweden;
(b) 1 January 2004 for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia;
(c) 1 July 2013 for Croatia;
(d) August 5, 1987, for other Member States.
2-ter. The certificates referred to in paragraph 1 shall certify that the holder has been authorized to use the professional title of architect by that date and, within the framework of these regulations, has actually practiced the activity in question for at least three consecutive years during the five years preceding the issuance of the certificate.
2-quater. For the purposes of access to and pursuit of the professional activities of an architect, the following shall be recognized as evidence of completion of training existing as of August 5, 1985, and commenced no later than January 17, 2014, provided by "Fachhochschulen" in the Federal Republic of Germany for a period of three years, in conformity with the requirements set forth in Article 52, paragraph 2, and suitable for access to the activities pursued in said member State under the professional title of "architect", provided that the training is completed by a period of four years of professional experience in the Federal Republic of Germany, attested by a certificate issued by the competent authority with which the architect wishing to benefit from the provisions of the present decree is registered.
Art. 56. Pursuit of the profession of architect in other Member States
For the purposes of recognition in other States of the European Union or in the other States adhering to the Agreement on the European Economic Area, the Ministry of Universities and Research certifies the qualification value for the practice of the profession of the titles achieved in Italy.Art. 57. Information services
The Councils of the Order of Architects, in collaboration with the National Council of the Order of Architects, shall provide interested parties with the necessary information on legislation and professional ethics.
For the purposes of recognition in other States of the European Union or in the other States adhering to the Agreement on the European Economic Area, the Ministry of Universities and Research certifies the qualification value for the practice of the profession of the titles achieved in Italy.Art. 57. Information services
The Councils of the Order of Architects, in collaboration with the National Council of the Order of Architects, shall provide interested parties with the necessary information on legislation and professional ethics.
Orders can activate courses, at the expense of those concerned, to provide them with the linguistic knowledge necessary for the exercise of the professional activity.
Art. 58. Regulations
1. By decree of the Minister of Universities and Research, in agreement with the Minister of Justice, to be adopted within six months of the date on which this legislative decree comes into force, in accordance with article 17, paragraphs 3 and 4, Law no. 400 of 23 August 1988, further norms will be issued to integrate the discipline of the procedures for recognition and registration in the register or in the register and on the keeping of the latter.
Chapter IV-bis
Automatic recognition based on common training principles
Art. 58-bis. Common training framework
A common training framework is defined as the minimum set of knowledge, skills, and competencies required to practice a given profession.
The common training framework established by delegated act of the European Commission shall not replace national training programmes. For the purposes of access to and pursuit of the profession, the competent authorities referred to in Article 5 shall give professional qualifications acquired on the basis of this common framework the same effect as evidence of formal qualifications awarded on national territory.
3. The Presidency of the Council of Ministers - Department for European Policies, coordinating the competent authorities referred to in Article 5, shall notify the European Commission, within six months of the entry into force of the delegated act referred to in paragraph 2, of the national qualifications and, where appropriate, the national professional titles conforming to the common training framework or the request for derogation conforming to the provisions referred to in paragraph 4, accompanied by a statement of reasons specifying which of the conditions provided for in said paragraph have been met. If within three months the Commission requests further clarification, deeming the reasons provided insufficient, the Presidency of the Council of Ministers - Department for European Policies, coordinating the competent authorities referred to in Article 5, shall forward the reply within three months of the request.
(4) It shall be possible to apply for a derogation from the introduction of a common training framework and from the requirement to issue automatic recognition of professional qualifications acquired under the common training framework where one of the following conditions is met:
(a) there are no teaching or training institutions offering training for the profession in question throughout the country;
(b) the introduction of the common training framework would have adverse effects on the organization of the national vocational education and training system;
(c) there are substantial differences between the common training framework and the training required in the national territory, with serious risks to public order, public safety, public health or the safety of service recipients or the protection of the environment.
The national professional qualifications and titles that benefit from automatic recognition under the common training framework shall be listed in the European Commission Implementing Regulation on common training frameworks adopted pursuant to Article 49a(6) of Directive 2013/55/EU.
Art. 58-ter. Common training tests
  A common training test is a standardised aptitude test available between the participating Member States and reserved for the holders of specific professional qualifications. Successful completion of this test in a Member State shall entitle the holder of a specific professional qualification to pursue the profession on Italian territory under the same conditions as apply to the holders of professional qualifications acquired on national territory.
2. The contents of a common vocational test and the conditions for taking part in it and passing it shall be laid down in a delegated act of the European Commission.
3. The Presidency of the Council of Ministers - Department for European Policies, coordinating the competent authorities referred to in article 5, shall notify, within six months of the date of entry into force of the delegated act referred to in paragraph 2, the organisational capacity to carry out such tests or the request for exemption in accordance with the provisions of paragraph 4, accompanied by a statement of reasons in relation to which of the conditions provided for in that paragraph have been met. If within three months the European Commission requests further clarification, deeming the reasons provided to be insufficient, the Presidency of the Council of Ministers - Department for European Policies, coordinating the competent authorities referred to in article 5, shall transmit the reply within three months of the request.
(4) A waiver from the requirement to hold a common training test referred to in subsection (2) and from the requirement to issue automatic recognition to professionals who have passed the common training test may be requested where one of the following conditions is met:
(a) the profession in question is not regulated in its territory;
(b) the contents of the common training test do not adequately mitigate serious risks to public health or safety of recipients of corresponding services in the national territory;
(c) the contents of the common training test would make entry to the profession significantly less attractive than the national requirements.
The list of Member States in which common training tests referred to in paragraph 2 are to be organised, the frequency throughout the year and other details necessary for the organisation of common training tests shall be laid down in the Commission Implementing Regulation on common training tests adopted pursuant to Article 49b(6) of Directive 2013/55/EU.
Title IV
FINAL PROVISIONS
Art. 59. Freedom to provide services for the activity of tourist guide and tour leader
1. By decree of the President of the Council of Ministers, after consultation with the Minister for European Policies, in agreement with the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano and in accordance with the procedures referred to in Article 2, paragraph 4, of Law 135 of 29 March 2001, criteria may be adopted, in compliance with Community law and Article 9, paragraph 3, to make uniform the assessments for the purposes of verifying the occasional and temporary nature of professional services for the activity of tourist guide and tour leader.
Art. 59-bis. Centralized online access to information
The competent authorities referred to in Article 5 shall ensure that the following information is available online through the single contact point referred to in Article 25 of Legislative Decree No 59 of 26 March 2010 and that it is regularly updated:
(a) a list of all regulated professions, which shall include the contact information of the competent authorities for each regulated profession and the assistance centers referred to in Article 6;
(b) the list of professions for which a European Professional Card is available, with an indication of how the card will operate, including the fees payable by professionals and the authorities responsible for issuing the card;
(c) the list of all professions to which Article 11 applies;
(d) the list of regulated training and special structure training referred to in Article 19(1)(c)(2);
(e) the requirements and procedures set forth in Articles 7, 11, 16 and 17 for regulated professions, including the fees to be paid and the documents to be submitted to the competent authorities;
(f) the procedures for appeals, in accordance with the laws, regulations and administrative provisions, against the decisions of the competent authorities taken pursuant to this Decree.
Art. 59-ter. Transparency
1. The Presidency of the Council of Ministers - Department for European Policies shall notify the European Commission:
a) any changes made to the national list of regulated professions and the national list of regulated types of education and training, as well as training with a particular structure, referred to in Article 19, paragraph 1, letter c), number 2), already included in the database of the European Commission;
b) any changes to the national list of professions, already included in the database of the European Commission, for which a preliminary verification of qualifications is required under Article 11, accompanied by specific reasons.
2. Every two years the Presidency of the Council of Ministers - Department for European Policies transmits to the European Commission a report on the requirements, established by national legislation to limit the access to a profession or its exercise to the holders of a specific professional qualification, including the use of professional titles and the professional activities authorized on the basis of such title, which have been eliminated or made less rigid.
3. Within six months of their adoption, the Presidency of the Council - Department for European Policies shall forward to the European Commission information on the new requirements referred to in paragraph 2 that have been introduced and the reasons for considering them in conformity with the following principles:
(a) The requirements must not be directly or indirectly discriminatory on the basis of nationality or place of residence;
(b) the requirements must be justified by an overriding reason in the public interest;
(c) The requirements must be such as to ensure that the intended objective is achieved and do not go beyond what is necessary to achieve that objective.
Art. 60. Repeals
1. As from the date on which this decree comes into force, paragraph 5 of article 201 of Legislative Decree no. 30 of 10 February 2005, containing the Industrial Property Code, shall be repealed.
2. Legislative Decree No. 115 of January 27, 1992, Legislative Decree No. 319 of May 2, 1994 and Legislative Decree No. 229 of September 20, 2002 shall be repealed as of the date on which this decree comes into force.
3. The reference to legislative decrees no. 115 of 27 January 1992 and no. 319 of 2 May 1994, contained in article 49, paragraph 2, of Presidential Decree no. 394 of 31 August 1999, is understood to be made to Title III of this decree; however, the competent authority referred to in article 5 remains responsible for the choice of any compensatory measure to be applied to the applicant.
4. Any reference in current legislation to Legislative Decrees no. 115 of 27 January 1992, no. 319 of 2 May 1994 and no. 229 of 20 September 2002 shall be understood to refer to the corresponding provisions of this decree.
Art. 61. Financial invariance clause
1. The implementation of this decree shall not result in new or greater burdens on the public finances.
2. The public bodies concerned shall provide for the activities envisaged by this decree with the financial, human and instrumental resources provided for by current legislation.
The present decree, bearing the seal of the State, will be inserted in the official collection of the normative acts of the Italian Republic. It is obligatory for anyone to observe it and have it observed.
Given in Rome, November 9, 2007
NAPOLITANO
Prodi, President of the Council of Ministers
Bonino, Minister for European Policies
Fioroni, Minister of Education
Mussi, Minister of University and Research
Turco, Minister of Health
Mastella, Minister of Justice
D'Alema, Minister of Foreign Affairs
Padoa Schioppa, Minister of Economy and Finance
Damiano, Minister of Labour and Social Security
Bersani, Minister of Economic Development
Rutelli, Minister for Cultural Assets and Activities
Bianchi, Minister of Transport
Lanzillotta, Minister for Regional Affairs and Local Autonomies
See, the Guardasigilli: Mastella
Annex I Part of the measure in graphic format
Annex II ANNEX REPEALED BY LAW DECREE 28 JANUARY 2016, NO. 15
Annex III ANNEX REPEALED BY LEGISLATIVE DECREE 28 JANUARY 2016, NO. 15
Annex IV Part of the measure in graphic format
Annex V Part of the measure in graphic format
((3))
------------- AGGIORNAMENTO (3) La L. 30 ottobre 2014, n. 161, ha disposto (con l'art. 28, comma 1) che " All'allegato V del decreto legislativo 9 novembre 2007, n. 206: a) la sezione V.1. e' modificata come segue: i) nella tabella, al punto 5.1.1. dopo la voce relativa alla Francia, e' inserito quanto segue: +--------------+--------------------------+----------------+--------+ | | |Medicinski | | | | |fakulteti | | | |Diploma "doktor |sveučilišta u | 1°| | |medicine/doktorica |Republici | luglio| |«Hrvatska |medicine" |Hrvatskoj | 2013»;| +--------------+--------------------------+----------------+--------+ ii) nella tabella, al punto 5.1.2 dopo la voce relativa alla Francia, e' inserito quanto segue: +--------------+------------------------+------------------+--------+ | |Diploma o |Ministarstvo | 1°| | |specijalističkom |nadležno za | luglio| |«Hrvatska |usavršavanju |zdravstvo | 2013»;| +--------------+------------------------+------------------+--------+ iii) nelle tabelle, al punto 5.1.3 dopo
Annex VI Part of the measure in graphic format
((3))
------------- AGGIORNAMENTO (3) La L. 30 ottobre 2014, n. 161, ha disposto (con l'art. 28, comma 1) che " 2. All'allegato VI, dopo la voce relativa alla Francia e' inserito quanto segue: +---------+----------------------+----------------------------------+ | |- Diploma "magistar | | | |inženjer arhitekture i| | | |urbanizma/ magistra | | | |inženjerka arhitekture| | | |i urbanizma" | | | |rilasciato dalla | | | |Arhitektonski fakultet|terzo anno accademico dopo | |«Hrvatska|Sveučilišta u Zagrebu,|l'adesione» | +---------+----------------------+----------------------------------+ | |- Diploma "magistar | | | |inženjer arhitekture/ | | | |magistra inženjerka | | | |arhitekture" | | | |rilasciato dalla | | | |Graďevinsko- | | | |arhitektonski | | | |fakultet Sveučilišta | | | |u Splitu, | | +---------+----------------------+----------------------------------+ | |- Diploma "magistar | | | |inženjer arhitekture/ | | | |magistra inženjerka | | | |arhitekture" | | | |rilasciato dalla | | | |Fakultet | |
