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

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

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Page 1: 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

Page 2: 1 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)

Page 3: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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)

Page 4: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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!

Page 5: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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SIM Directive

Administrative simplification via “Points of single contact”

Page 6: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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

Page 7: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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

Page 8: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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

Page 9: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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

Page 10: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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

Page 11: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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.

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

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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

Page 14: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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)

Page 15: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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)

Page 16: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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Chapter IPreambleandGeneral principles:

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

Page 17: 1 SIM Directive (Services in the Internal Market) & European Code of Conducts 12 September 2007

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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