1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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SIM Directive(Services in the Internal Market)

&European Code of Conducts

12 September 2007

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& Recognition of professional

Qualifications Directive (2005/36)

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SIM DirectiveSIM Directive (2006/123 EC )

Must be implemented before 28 December 2009

Aim: To establish an open internal market for services

2 parts: Freedom of establishment for service

providers (chap. IIa) Free movement of services (chap. III)

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Recognition of Professional Recognition of Professional Qualifications DirectiveQualifications Directive

(2005/36E )

Must be implemented before 20 October 2007

Aim: establishes rules according to which Member States shall recognise qualifications obtained in other Member States.

-> Professional recognition directive Prevails!

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SIM Directive

Administrative simplification via “Points of single contact”

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SIM Directive Freedom of establishment

Authorisation schemes shall be based on criteria which are

• Non-discriminatory• Justified by an overriding reason of public interest• Proportionate to the public interest objective• Precise and unambiguous• Objective• Made public in advance• Transparent and accessible

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Freedom of establishment

Host MS may require:

a. Proof of nationality

b. Evidence of qualifications and attestation of prof experience

c. Letter of good standing

d. Letter of mental health

e. Proof of applicant’s financial standing

f. Proof of insurance cover

Vet

Home MS Host MS

Request1 month reception3 months answer

Possible authorisation

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SIM DirectiveFree movement of services

Member States shall respect the right of service providers to provide services in a Member State other than that in which they are established

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SIM DirectiveFree movement of services

Prof Recognition Directive says: MS may require that where a service provider first moves to

another Member State, he shall inform the competent authority in the host country in writing and in advance.

CA may require the following documents:• Details of any insurance cover or other means of personal

or collective protection with regard to professional liability• Proof of nationality• Letter of Good Standing from Competent Authority where

registered• Evidence of professional qualifications

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Free provision of service

Host MS may require:

a. Proof of nationality

b. Evidence of qualifications

c. Certificate of establishment

d. Certificate of right to practice

e. Proof of insurance cover

Vet

Home MS Host MS

DeclarationProf forma

membership prof associationYearly renewal

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SIM DirectiveQuality of services

Member States should encourage the setting up of codes of conductcodes of conduct

particularly by professional bodies, organisations and associations at

Community levelCommunity level.

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A professional Code of Conduct

is a standard specifying the veterinary ethics and principles of professional conduct

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Purpose of a professionalCode of conduct

It should ensure that:• Veterinarians provide high quality

services for the benefit of animal health, animal welfare and public health

• Customers can have confidence in the services provided

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Working group

established by FVE GA Nov 2006

Catherine Roy chair (FR)Jan Bernardy (CZ)Henrik Ericcson (SE)Lynne Hill (UK)Joerg Peter Luy (DE)Walter Winding (AT)

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Mandate of the WG:Draft European Veterinary Code of Conduct

according References made to Codes of Conduct abstracted from the COMMON POSITION adopted by the Council and from the Service Directive

(Annex I document FVE/07/doc/045)

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Chapter IPreambleandGeneral principles:

• Independence and Impartiality• Honesty and Integrety• Confidentiality and Professional Secrecy• Competence and Professionalism• Accountability and Insurance

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Chapter IIdetailed articles regarding:

•Veterinarians and Animals•Veterinarians and Customers•Veterinarians and Veterinary Profession•Veterinarians and Veterinary Team•Veterinarians and Society•Veterinarians and Competent Authorities

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The provisions of this Code are complementary to and do not replace national or European obligations

This Code will not be legally binding unless it is made binding either by the European Union or national legislation