The Gazette 1975

Nursing 6.15 The drafts set out the nursing qualifications which are to be recognised in all Member States and the type of training which nurses should undergo. They include similar provisions to those contained in the Doctors Directives in regard to evidence of good character, good repute and of physical or mental health of those wishing to practise in another Member State, Th e draft directives would apply to salaried nurses as well as to self-employed nurses. The drafts are at present under consideration within the Council. It is expected that they will be adopted before the end of 1975. Lawyers 6.16 A Council working group of officials of the Member States is continuing its examination of a draft directive on the provision of services by Lawyers (OJ No. C78, 20 June 1969). 6.17 The Council of Ministers for Justice at its meeting on 26 November 1974 took note of the progress made on this proposal and requested the Commission to submit to it an amended proposal as soon as judge- ment had been given by the Court of Justice in the Van Binsbergen case. The Commission duly proceeded to review the draft directive in the light of the judg- ments of the Court of Justice in the Reyners and Van Binsbergen cases. In connection with this review officials of the Commission had discussions in Dublin in April 1975 with officers of the Department of Justice and with representatives of the Irish legal profession with a view to taking account of the structure of the profession in this country in reviewing and revising the draft. On 10 June 1975 the Commission forwarded to the Council in the form of a working document a provisional revised proposal for a directive. The Coun- cil working group met on 12 and 13 June 1975 to dis- cuss the working document and the Commission is at present preparing in 'the light of the views expressed at that meeting its formal proposal for a revised draft Directive which it is expected to he held sometime in October next. Representatives of the Irish legal pro- fession are being kept fully informed of developments in relation to the draft Directive. Architects 6.18 In May 1967 the Commission forwarded to the Council proposals on freedom of establishment and freedom to provide services in respect of architects (OJ No. 239, 4 October 1967). During the period under review a working group of the Council has discussed a new version of the draft directives which takes ac- count of the difficulties experienced.

are established in a State of the Community other than that of the person for whom the services are intended; Article 60 provides that a person providing a service may temporarily pursue conditions as are imposed by 'the State on its own nationals. On 3 December 1974 the Court delivered its judgement (OJ No. C52, 5 March 1975) in which it reached conclusions similar to those reached in the Reyners case. The Court ruled that (a) Articles 59 and 60 of the EEC Treaty are directly applicable in all Member States and (b) The law of a Member State may not require The effect of the judgment is to make illegal any restrictions on the cross-frontier supply of services which are based on grounds of nationality. 6.5 After publication of the judgement in the Rey- ners case the Commission withdrew draft directives which it had submitted to the Council on the abolition of restrictions on freedom of establishment and free- dom to provide services; these are listed in paragraph 6.7 of the Fourth Report. The Commission has indicat- ed that it is clear from the Court's ruling in the Van Binsbergen case that there is no longer any need to issue Directives on the abolition of restrictions relating to the provision of services. Th e Commission is there- fore redrafting a number of proposals on freedom to provide services as well as proposals on right of estab- lishment; in so doing it is omitting provisions which relate exclusively to the abolition of restrictions. Some redrafted proposals have already been submitted by the Commission to the Council. Doctors 6.6 In March 1969 the Commission presented to the Council its proposals on right of establishment of, and freedom to provide servicesby, Doctors (OJ No. C54, 28 April 1969). There were then three draft dic- ectives concerning (a) the achievements of freedom of establishment and freedom to provide services for doctors (b) the mutual recognition of diplomas, certific- ates and other evidence of formal qualificat- ions in medicine and (c) the co-ordination of provisions laid down by These drafts were affected by the judgements of the Court of Justice in the Reyners and Van Binsbergen cases. The immediate consequence of the judgements was that the first draft driective, which dealt largely with the removal of nationality restrictions on right of establishment and freedom to provide services, was no longer required; apart from some minor provisions which were transferred to the other two drafts, the draft was withdrawn (paragraph 6.7 Fourth Report). law, regulation or administrative action in respect of the activities of self-employed doctors. a person established in another Member State to have a permanent residence in its terri- tory as a precondition for providing services there.

Insurance Self-employed

Insurance Agents and Brokers

6.27 The draft directive laying down detailed rules for transitional measures for self-employed insurance agents and brokers (OJ No. C14, 11 February 1971) was considered by the Council working party on right

.212