I. Information on Community law

Basic principle:

You have the right of establishment as a self-employed or employed person in any Member State of the European Union, subject to recognition of your qualification. There are simplified authorization and registration procedures if you wish merely to provide services in another Member State.

Scope: 

1. Only qualifications acquired in a Member State and listed in the relevant Directive are eligible for mandatory and automatic recognition throughout the European Community. If your qualification was acquired in Germany, however, you may be required to submit a supplementary certificate showing that your training was followed by two years of supervised professional practice; if your qualification was acquired either in the United Kingdom or in Portugal and covers initial training as a nurse responsible for general care, followed by less than two years' supplementary training as a midwife, you may be required to produce an additional certificate showing that your training was followed by one year of supervised professional practice.
   
   
2. In specific cases, especially older forms of training undertaken in certain Member States prior to implementation of the Directives or qualifications which have a different designation, recognition may be subject to certain requirements.
   
   
3. There is no provision for the recognition of training received in countries outside the European Union. Such recognition may, however, be granted by Member States but is binding only on the Member State that grants it and does not extend beyond the territory of that Member State.
   
   
4. The authorities of the host Member State have three months in which to process your application to take up or pursue the activity concerned. Decisions not to grant recognition must be reasoned decisions, and it must be possible to appeal against them to the national courts.

Reference documents: 

• Directives 80/154/EEC and 80/155/EEC (Official Journal of the European Communities No L 33 of 11 February 1980), as amended by: the Act of Accession of Greece (OJ No L 291 of 19 November 1979); 
• the Act of Accession of Spain and Portugal (OJ No L 302 of 15 November 1985); 
• Directive 89/594/EEC (OJ No L 341 of 23 November 1989);
• Directive 90/658/EEC (OJ No L 353 of 17 December 1990); 
• the Act of Accession of Austria, Finland and Sweden (OJ No L 1 of 1 January 1995).

II. Formalities in France

1. How to proceed

• Provision of services: It is not necessary to be registered with the order of midwives, but beforehand you must make a statement to the board (conseil) of the order of midwives (Ordre des sages-femmes) in your département of residence. 
• Establishment: Applications must be sent to the board of the order of midwives covering the town or municipality in which you wish to set up as a midwife. Midwives must also register within one month of taking up the profession with the préfecture or sous-préfecture concerned and with the clerk of the regional court (greffe du tribunal de grande instance). Registration is free of charge.

2. Information and/or documents to be submitted to the competent authorities. 

You will have to submit inter alia the following to the board of the order of midwives:

• a certified copy of your diploma;
• a translation of your diploma done by a translator who is registered with the French courts;
• an attestation that the diploma complies with the relevant Community directives, drawn up by the competent authorities of the Member State in which the diploma was awarded;
• an extract from your judicial records or equivalent document or declaration, issued where appropriate by the country of origin or the country from which you have come, attesting to your good character and good repute.

3. Fees 

Translation charges.

4. Contact point

• Board of the order of midwives in the relevant département. 
• Préfecture or sous-préfecture in the place where you set up as a midwife.

5. National rules 

Article L356 of the Public Health Code (For the provision of services: Article L356-1 of the Public Health Code and Decree No 86-122 of 23 January 1986 laying down arrangements governing the statement provided for in Article L356 and disciplinary arrangements for practitioners providing services who are European Union nationals).

III. Useful addresses in France: 

• Ministère du Travail et des Affaires Sociales Direction Générale de la santé Sous-Direction des Professions de Santé 
  8, avenue de Ségur F - 75350 Paris 07 SP
• Conseil national de l'Ordre des sages-femmes 
  168, rue de Grenelle 8, avenue de Ségur F - 75007 Paris
• Union nationale des syndicats de sages-femmes françaises 
  2, avenue G. Clémenceau F - 92500 Rueil Malmaison
• Organisation nationale des syndicats de sages-femmes françaises 
  7, rue de Rougemont F - 75009 Paris

Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.