SIM Directive Services in the Internal Market

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

& Recognition of professional Qualifications Directive (2005/36) 2

SIM 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) 3

Recognition of Professional Qualifications Directive (2005/36 E ) 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! 4

SIM Directive Administrative simplification via “Points of single contact” 5

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 6

Freedom of establishment Host MS may require: a. b. Letter of good standing d. Letter of mental health e. Proof of applicant’s financial standing f. Home MS Evidence of qualifications and attestation of prof experience c. Vet Proof of nationality Proof of insurance cover Request Host MS 1 month reception 3 months answer Possible authorisation 7

SIM Directive Free 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 8

SIM Directive Free 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 9

Free provision of service Host MS may require: a. b. Evidence of qualifications c. Certificate of establishment d. Certificate of right to practice e. Vet Proof of nationality Proof of insurance cover Declaration Yearly renewal Home MS Host MS Prof forma membership prof association 10

SIM Directive Quality of services Member States should encourage the setting up of codes of conduct particularly by professional bodies, organisations and associations at Community level 11

A professional Code of Conduct is a standard specifying the veterinary ethics and principles of professional conduct 12

Purpose of a professional Code 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 13

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) 14

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) 15

Chapter I Preamble and General principles: • • • Independence and Impartiality Honesty and Integrety Confidentiality and Professional Secrecy Competence and Professionalism Accountability and Insurance 16

Chapter II detailed articles regarding: • Veterinarians • Veterinarians and and and Animals Customers Veterinary Profession Veterinary Team Society Competent Authorities 17

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 18