ANNEX IISupplementary provisions
ANNEX II Documents required for the issuance of the EPC A. RECOGNITION OF QUALIFICATIONS IN CASE OF ESTABLISHMENT 1. Automatic recognition (Chapter III of Title III of Directive 2005/36/EC) The following documents are required for the issuance of the EPC under this regime: (a) proof of nationality of the applicant (identity card or a passport or other evidence accepted pursuant to the national provisions of the home Member State); and where the proof of nationality does not attest the place of birth, a document attesting the place of birth of the applicant; and for nationals of non-EEA countries, a document proving that a third country national can benefit from rights provided for in Directive 2005/36/EC pursuant to relevant EU laws, e.g., Directive 2004/38/EC of the European Parliament and of the Council ( 1 ) , Council Directive 2003/109/EC ( 2 ) , Council Directive 2004/83/EC ( 3 ) , or Council Directive 2009/50/EC ( 4 ) ; (b) evidence of formal qualifications, and, where appropriate, a certificate accompanying the evidence of formal qualifications; (c) one of the following certificates depending on profession and situation of the applicant: (i) a certificate of conformity referred to in Annex VII.2 to Directive 2005/36/EC, where the evidence of formal qualification satisfies the conditions of required training; (ii) a certificate of change of denomination referred to in Article 23(6) of Directive 2005/36/EC, where the title of formal qualification does not correspond to the titles listed in points 5.2.2 or 5.6.2 of Annex V to Directive 2005/36/EC, but the qualification satisfies the conditions of required training; (iii) a certificate of acquired rights referred to in Articles 23, 33 or 33a of Directive 2005/36/EC attesting that the holder of qualifications has been effectively and lawfully engaged in the activities in question for at least the minimum required period and attesting the specific requirements of those Articles, where the training began before the reference dates laid down in points 5.2.2 or 5.6.2 of Annex V to Directive 2005/36/EC, and the evidence of formal qualification that does not satisfy all the conditions of required training; (d) documents required in accordance with points 1(d) to (g) of Annex VII to Directive 2005/36/EC. 2. General system for recognition (Chapter I of Title III of Directive 2005/36/EC) The following documents are required for the issuance of the EPC under this regime: (a) proof of nationality and other documents referred to in point 1(a); (b) attestation of professional competence or the evidence formal qualification, as appropriate and where appropriate an evidence pursuant to Article 12 of Directive 2005/36/EC; (c) documents providing additional information about the training concerning the total duration of the studies, subjects studied and in which proportion, and where appropriate, the balance between the theoretical and the practical part; (d) the following documents concerning qualifications that might compensate for substantial differences between qualifications and mitigate the risk of compensation measures: (i) documents containing information on continuous professional development, seminars, other forms of training and life-long learning pursuant to Article 14(5); (ii) a copy of any proof of professional experience, which clearly identifies the professional activity exercised by the applicant; (e) where appropriate, proof of professional experience referred to in first subparagraph of Article 13(2) of Directive 2005/36/EC, provided that the documents clearly identify the professional activities concerned; (f) for the migrants meeting the requirements set out in Article 3(3) of Directive 2005/36/EC, a certificate of professional experience proving three years of professional experience issued by the competent authority in the Member State which recognised the third country qualification pursuant to Article 2(2) of Directive 2005/36/EC, or, if the competent authority concerned is unable to certify the professional experience of the applicant, other proof of professional experience, which clearly identifies the professional activities concerned. (g) documents required in accordance with points 1(d) to (g) of Annex VII to Directive 2005/36/EC. B. TEMPORARY PROVISION OF SERVICES (Title II of Directive 2005/36/EC) The following documents are required in case of the first provision of services or if there is material change in situation of the applicant pursuant to Article 7(2) of Directive 2005/36/EC: (a) proof of nationality and other documents referred to in point 1(a) of Part A; (b) in cases of the third subparagraph of Article 6(2) of this Regulation, an attestation of legal establishment in the home Member State referred to in Article 7(2)(b) of Directive 2005/36/EC; (c) documents required in accordance with Article 7(2)(b) concerning the right to practice of a professional and other documents required in accordance with Article 7(2)(c) to (e) of Directive 2005/36/EC; (d) where the host Member State applies prior check of qualifications pursuant to Article 7(4) of Directive 2005/36/EC, documents providing additional information about the training referred to in points 2(c) and (d) of Part A of this Annex. ( 1 ) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (Text with EEA relevance) ( OJ L 158, 30.4.2004, p. 77–123 ) ( 2 ) Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents ( OJ L 16, 23.1.2004, p. 44–53 ) ( 3 ) Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted ( OJ L 304, 30.9.2004, p. 12–23 ) ( 4 ) Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment ( OJ L 155, 18.6.2009, p. 17–29 )