Common use of Recognised professional qualifications Clause in Contracts

Recognised professional qualifications. 1. The recognition, before the specified date of professional qualifications as defined in point (b) of Article 3(1) of Directive 2005/36/EC of the European Parliament and of the Council, by Switzerland and the United Kingdom, shall maintain its effects in the respective state including where applicable the right to pursue the profession under the same conditions as its nationals, where such recognition was made in accordance with any of the following provisions: (a) Title III of Directive 2005/36/EC in respect of the recognition of professional qualifications in the context of the exercise of the freedom of establishment, whether such recognition fell under the general system for the recognition of evidence of training, the system for recognition of professional experience or the system for the recognition on the basis of coordination of minimum training conditions; (b) Article 10(1) and (3) of Directive 98/5/EC8 of the European Parliament and of the Council to facilitate practice of the profession of lawyer on a permanent basis in a state other than that in which the qualification was obtained; 8 Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36). (c) Council Directive 74/556/EEC9 in respect of the acceptance of evidence of the knowledge and ability to take up or pursue activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products or activities involving the professional use of toxic products. 2. Lawyers registered with the relevant competent authority in Switzerland or the United Kingdom under Article 3 of Directive 98/5/EC and practising permanently under their United Kingdom professional title in Switzerland or under their Swiss professional title in the United Kingdom (such titles being home state professional titles and having the same meaning as in Article 1(2)(d) of Directive 98/5/EC) before the specified date pursuant to Article 2 of Directive 98/5/EC shall be permitted to continue practising under their home State professional title on a permanent basis in accordance with Directive 98/5/EC provided the registration is continuous. If a lawyer practising under their home State professional title is no longer registered then national law or the terms of any successor agreement between the United Kingdom and Switzerland shall apply, should that lawyer seek to register again. 3. The parties shall continue to apply as between themselves Council Directive 86/653/EEC10 in respect of self-employed commercial agents in respect of individuals established in the United Kingdom or Switzerland who have entered into arrangements covered by that Directive as self-employed agents before the specified date, until that arrangement is concluded. Persons providing services pursuant to Article 23 of this Agreement can continue to benefit from Title II of Directive 2005/36/EC and from Directive 77/249/EEC under the conditions set out in Article 23(4).

Recognised professional qualifications. 1. The recognition, before the specified date of professional qualifications as defined in point (b) of Article 3(1) of Directive 2005/36/EC of the European Parliament and of the Council, by Switzerland and the United Kingdom, shall maintain its effects in the respective state including where applicable the right to pursue the profession under the same conditions as its nationals, where such recognition was made in accordance with any of the following provisions: (a) Title III of Directive 2005/36/EC in respect of the recognition of professional qualifications in the context of the exercise of the freedom of establishment, whether such recognition fell under the general system for the recognition of evidence of training, the system for recognition of professional experience or the system for the recognition on the basis of coordination of minimum training conditions; (b) Article 10(1) and (3) of Directive 98/5/EC8 of the European Parliament and of the Council to facilitate practice of the profession of lawyer on a permanent basis in a state other than that in which the qualification was obtained; 8 Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36).; (c) Council Directive 74/556/EEC9 in respect of the acceptance of evidence of the knowledge and ability to take up or pursue activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products or activities involving the professional use of toxic products. 2. Lawyers registered with the relevant competent authority in Switzerland or the United Kingdom under Article 3 of Directive 98/5/EC and practising permanently under their United Kingdom professional title in Switzerland or under their Swiss professional title in the United Kingdom (such titles being home state professional titles and having the same meaning as in Article 1(2)(d) of Directive 98/5/EC) before the specified date pursuant to Article 2 of Directive 98/5/EC shall be permitted to continue practising under their home State professional title on a permanent basis in accordance with Directive 98/5/EC provided the registration is continuous. If a lawyer practising under their home State professional title is no longer registered then national law or the terms of any successor agreement between the United Kingdom and Switzerland shall apply, should that lawyer seek to register again. 3. The parties shall continue to apply as between themselves Council Directive 86/653/EEC10 in respect of self-employed commercial agents in respect of individuals established in the United Kingdom or Switzerland who have entered into arrangements covered by that Directive as self-employed agents before the specified date, until that arrangement is concluded. 8 Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36). 9 Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries (OJ L 307, 18.11.1974, p. 1). 10 Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ L 382, 31.12.1986, p. 17) Persons providing services pursuant to Article 23 of this Agreement can continue to benefit from Title II of Directive 2005/36/EC and from Directive 77/249/EEC under the conditions set out in Article 23(4).