Council Directive of 10 June 1985 on the Mutual Recognition of Diplomas,
Certificates and Other Evidence of Formal Qualifications in Architecture,
Including Measures to Facilitate the Effective Exercise of the Right of
Establishment and Freedom to Provide Services (85/384/EEC)
Council Directive of 10 June 1985 on the Mutual
Recognition of Diplomas, Certificates and Other Evidence of Formal
Qualifications in Architecture, Including Measures to Facilitate the Effective
Exercise of the Right of Establishment and Freedom to Provide Services
(85/384/EEC)
Having regard to the Treaty establishing the European Economic Community, and in
particular Articles 49, 57 and 66 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas, pursuant to the Treaty, all discriminatory treatment based on
nationality with regard to establishment and provision of services is prohibited
as from the end of the transitional period; whereas the resulting principle of
non-discriminatory treatment as regards nationality applies inter alia to the
grant of any authorization required to take up activities in the field of
architecture and also to the registration with or membership of professional
organizations or bodies;
Whereas it nevertheless seems desirable that certain provisions be introduced to
facilitate the effective exercise of the right of establishment and freedom to
provide services in respect of activities in the field of architecture;
Whereas, pursuant to the Treaty, Member States are required not to grant any
form of aid likely to distort the conditions of establishment;
Whereas Article 57 (1) of the Treaty provides that directives be issued for the
mutual recognition of diplomas, certificates and other evidence of formal
qualifications;
Whereas architecture, the quality of buildings, the way they blend in with their
surroundings, respect for the natural and urban environment and the collective
and individual cultural heritage are matters of public concern; whereas,
therefore, the mutual recognition of diplomas, certificates and other evidence
of formal qualifications must be founded on qualitative and quantitative
criteria ensuring that the holders of recognized diplomas, certificates and
other evidence of formal qualifications are able to understand and give
practical expression to the needs of individuals, social groups and communities
as regards spatial planning, the design, organization and construction of
buildings, the conservation and enhancement of the architectural heritage and
preservation of the natural balance;
Whereas methods of education and training for those practising professionally in
the field of architecture are at present very varied; whereas, however,
provision should be made for progressive alignment of education and training
leading to the pursuit of activities under the professional title of architect;
Whereas, in some Member States, the taking up and pursuit of the activities of
architect are by law conditional upon the possession of a diploma in
architecture; where, in certain other Member States where this condition does
not exist, the right to hold the professional title of architect is none the
less governed by law; whereas, finally, in some Member States where neither the
former nor the latter is the case, laws and regulations are being prepared on
the taking up and pursuit of these activities under the professional title of
architect; whereas, therefore, the conditions under which such activities may be
taken up and pursued in those Member States have not yet been laid down; whereas
the mutual recognition of diplomas, certificates and other evidence of formal
qualifications presupposes that such diplomas, certificates and other evidence
of formal qualifications authorize the taking up and pursuit of certain
activities in the Member State of issue; whereas, therefore, the recognition of
certain certificates under this Directive should continue to apply only in so
far as the holders of such certificates will be authorized, in accordance with
legal provisions still to be adopted in the Member State of issue, to take up
activities under the professional title of architect;
Whereas acquisition of the lawful professional title of architect is subject in
some Member States to completion of a period of practical experience in addition
to the possession of a diploma, certificate or other evidence of formal
qualifications; whereas, since practice in this respect of present varies from
one Member State to another, to obviate possible difficulties completion of an
equal period of appropriate practical experience in another Member State should
be recognized as meeting this condition;
Whereas the reference in Article 1 (2) to 'activities in the field of
architecture' as being 'those activities usually pursued under the professional
title of architect', the justification for which lies in the conditions
prevailing in certain Member States, is intended solely to indicate the scope of
this Directive, without claiming to give a legal definition of activities in the
field of architecture;
Whereas, in most Member States, activities in the field of architecture are
pursued, in law or in fact, by persons who hold the title of architect, whether
alone or together with another title, without those persons having a monopoly in
pursuing those activities save where there are laws to the contrary; whereas the
aforementioned activities, or some of them, may also be pursued by members of
other professions, in particular by engineers who have received special training
in construction engineering or building;
Whereas the mutual recognition of qualifications will facilitate the taking up
and pursuit of the activities in question;
Whereas in some Member States there is legislation allowing the lawful
professional title of architect, by way of exception and notwithstanding the
usual educational and training requirements for access to the title, to be
granted to certain distinguished persons in the field, who are very few in
number and whose work shows exceptional architectural talent; whereas the case
of these architects should be covered in this Directive, particularly since they
frequently enjoy an international reputation;
Whereas the recognition of a number of the existing diplomas, certificates and
other evidence of formal qualifications in architecture listed in Articles 10 to
12 is intended to enable the holders thereof to establish themselves or provide
services in other Member States with immediate effect; whereas the sudden
introduction of this provision in the Grand Duchy of Luxembourg could, in view
of the country's small size, lead to distortion of competition and disturb the
organization of the profession; whereas, as a result, there appears to be
justification for allowing this Member State an additiional period of
adjustment;
Whereas, since a Directive on the mutual recognition of diplomas, certificates
and other evidence of formal qualifications in architecture does not necessarily
imply practical equivalence in the education and training covered by such
diplomas, certificates and evidence, the use of titles should be authorized only
in the language of the Member State of origin or of the Member State from which
a foreign national comes;
Whereas, to facilitate the application of this Directive by the national
authorities, Member States may prescribe that, in addition to evidence of
qualifications, persons who satisfy the educational and training requirements of
this Directive must provide a certificate from the competent authorities of
their Member State of origin or of the country from which they come stating that
these qualifications are those referred to by the Directive;
Whereas the national provisions with regard to good repute and good character
may be applied as standards for the taking up of activities if establishment
takes place; whereas, moreover, in the circumstances a distinction should be
drawn between cases in which the persons concerned have never yet exercised any
activities in the field of architecture and those in which they have already
exercised such activities in another Member State;
Whereas, in the case of the provision of services, the requirement of
registration with, or membership of, professional organizations or bodies would,
since it is related to the fixed and permanent nature of the activity pursued in
the host Member State, undoubtedly constitute an obstacle to the provider of
services by reason of the temporary nature of his activity; whereas this
requirement should therefore be abolished; whereas, however, in this event
control over professional discipline, which is the responsibility of these
professional organizations or bodies, should be guaranteed; whereas, to this
end, it should be provided, subject to the application of Article 62 of the
Treaty, that the person concerned may be required to notify the provision of
services to the competent authority of the host Member State;
Whereas, as far as the activities of employed persons in the field of
architecture are concerned, Council Regulation (EEC) No 1612/68 of 15 October
1968 on freedom of movement for workers within the Community (1) lays down no
specific provisions relating to good character or good repute, professional
discipline or use of title for the professions covered; whereas, depending on
the individual Member State, such rules are or may be applicable both to
employed and to self-employed persons; whereas activities in the field of
architecture are subject in several Member States to possession of a diploma,
certificate or other evidence of formal qualifications; whereas such activities
are pursued by both employed and self-employed persons, or by the same persons
in both capacities in the course of their professional career; whereas, in order
to encourage fully the free movement of members of the profession within the
Community, it therefore appears necessary to extend this Directive to employed
persons in the field of architecture;
Whereas this Directive introduces mutual recognition of diplomas, certificates
and other evidence of formal qualifications giving access to professional
activities, without concomitant coordination of national provisions relating to
education and training; whereas, moreover, the number of members of the
profession who are concerned varies considerably from one Member State to
another; whereas the first few years of application of this Directive must
therefore be followed particularly attentively by the Commission,
This Directive shall apply to activities in the field of architecture.
For the purposes of this Directive, activities in the field of architecture
shall be those activities usually pursued under the professional title of
architect.
CHAPTER II: DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS ENABLING THE
HOLDER TO TAKE UP ACTIVITIES IN THE FIELD OF ARCHITECTURE UNDER THE PROFESSIONAL
TITLE OF ARCHITECT
Article 2
Each Member State shall recognize the diplomas, certificates and other evidence
of formal qualifications acquired as a result of education and training
fulfilling the requirements of Articles 3 and 4 and awarded to nationals of
Member States by other Member States, by giving such diplomas, certificates and
other evidence of formal qualifications, as regards the right to take up
activities referred to in Article 1 and pursue them under the professional title
of architect pursuant to Article 23 (1), the same effect in its territory as
those awarded by the Member State itself.
Article 3
Education and training leading to diplomas, certificates and other evidence of
formal qualifications referred to in Article 2 shall be provided through courses
of studies at university level concerned principally with architecture. Such
studies shall be balanced between the theoretical and practical aspects of
architectural training and shall ensure the acquisition of:
an ability to create architectural designs that satisfy both aesthetic and
technical requirements,
an adequate knowledge of the history and theories of architecture and the
related arts, technologies and human sciences,
a knowledge of the fine arts as an influence on the quality of architectural
design,
an adequate knowledge of urban design, planning and the skills involved in
the planning process,
an understanding of the relationship between people and buildings, and
between buildings and their environment, and of the need to relate buildings and
the spaces between them to human needs and scale,
an understanding of the profession of architecture and the role of the
architect in society, in particular in preparing briefs that take account of
social factors,
an understanding of the methods of investigation and preparation of the brief
for a design project,
an understanding of the structural design, constructional and engineering
problems associated with building design,
an adequate knowledge of physical problems and technologies and of the
function of buildings so as to provide them with internal conditions of comfort
and protection against the climate,
the necessary design skills to meet building users' requirements within the
constraints imposed by cost factors and building regulations,
an adequate knowledge of the industries, organizations, regulations and
procedures involved in translating design concepts into buildings and
integrating plans into overall planning.
Article 4
The education and training referred to in Article 2 must satisfy the
requirements defined in Article 3 and also the following conditions:
the total length of education and training shall consist of a minimum of
either four years of full-time studies at a university or comparable educational
establishment, or at least six years of study at a university or comparable
educational establishment of which at least three must be full time;
such education and training shall be concluded by successful completion of
an examination of degree standard.
Notwithstanding the first subparagraph, recognition under Article 2 shall also
be accorded to the training given over three years in the 'Fachhochschulen' in
the Federal Republic of Germany in the form in which it exists at the time of
notification of this Directive and in so far as it satisfies the requirements
laid down in Article 3, giving access to the activities referred to in Article 1
in that Member State with the professional title of architect, provided that
such training is supplemented by a four-year period of professional experience
in the Federal Republic of Germany sanctioned by a certificate issued by the
professional body on whose list the architect wishing to benefit from the
provisions of this Directive is registered. The body shall previously have
established that the work carried out by the architect concerned in the field of
architecture constitutes conclusive proof of the practical application of all
the knowledge referred to in Article 3. The certificate shall be issued
according to the same procedure as that which applies to registration on the
list of architects.
On the basis of the experience gained and bearing in mind developments in
architectural training, the Commission shall, eight years after the end of the
period specified in the first subparagraph of Article 31 (1), submit a report to
the Council on the application of this derogation and the appropriate proposals
on which the Council shall decide in accordance with the procedures laid down by
the Treaty within a period of six months.
Recognition under Article 2 shall also be accorded to education and training
which, as part of a social betterment scheme or a part-time university course,
conforms to the requirements of Article 3 and leads to an examination in
architecture successfully completed by persons who have been employed in
architecture for not less than seven years under the supervision of an architect
or firm of architects. This examination must be of degree standard and be
equivalent to the final examination referred to in paragraph 1 (b).
Article 5
Nationals of a Member State authorized to hold the professional title of
architect pursuant to a law giving the competent authority of a Member State the
possibility of conferring this title on nationals of Member States who have
particularly distinguished themselves by their achievements in the field of
architecture shall be considered as meeting the requirements laid down for the
pursuit of architectural activities under the professional title of architect.
In the case of those persons referred to in paragraph 1, a certificate issued
by the Member State of which the holder is a national, or from which he comes,
shall constitute proof of the status of architect.
Article 6
Certificates issued by the competent authorities of the Federal Republic of
Germany attesting the equivalence of qualifications awarded after 8 May 1945 by
the competent authorities of the German Democratic Republic with the formal
qualifications referred to in Article 2 shall be recognized under the conditions
laid down in that Article.
Article 7
Each Member State shall communicate as soon as possible, simultaneously to
the other Member States and to the Commission, the list of diplomas,
certificates and other evidence of formal qualifications which are awarded
within its territory and which meet the criteria laid down in Articles 3 and 4,
together with the establishments and authorities awarding them.
The first list shall be sent within 12 months of notification of this Directive.
Each Member State shall likewise communicate any amendments made as regards the
diplomas, certificates and other evidence of formal qualifications which are
awarded within its territory, in particular those which no longer meet the
requirements of Articles 3 and 4.
For information purposes, the lists and the updating thereof shall be
published by the Commission in the Official Journal of the European Communities
after expiry of a three-month period following their communication. However, in
the cases referred to in Article 8, the publication of a diploma, certificate or
other evidence of formal qualifications shall be deferred. Consolidated lists
shall be published periodically by the Commission.
Article 8
If a Member State or the Commission has doubts as to whether a diploma,
certificate or other evidence of formal qualifications meets the criteria laid
down in Articles 3 and 4, the Commission shall bring the matter before the
Advisory Committee on Education and Training in the Field of Architecture within
three months of communication pursuant to Article 7 (1). The Committee shall
deliver its opinion within three months.
The diploma, certificate or other evidence of formal qualifications shall be
published within the three months following delivery of the opinion or expiry of
the deadline for delivery thereof except in the following two cases:
where the awarding Member State amends the communication made pursuant to
Article 7 (1) or
where a Member State or the Commission implements Articles 169 or 170 of the
Treaty with a view to bringing the matter before the Court of Justice of the
European Communities.
Article 9
The Advisory Committee may be consulted by a Member State or the Commission
whenever a Member State or the Commission has doubts as to whether a diploma,
certificate or other evidence of formal qualifications included on one of the
lists published in the Official Journal of the European Communities still meets
the requirements of Articles 3 and 4. The Committee shall deliver its opinion
within three months.
The Commission shall withdraw a diploma from one of the lists published in
the Official Journal of the European Communities either in agreement with the
Member State concerned or following a ruling by the Court of Justice.
CHAPTER III: DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS ENABLING THE
HOLDER TO TAKE UP ACTIVITIES IN THE FIELD OF ARCHITECTURE BY VIRTUE OF
ESTABLISHED RIGHTS OR EXISTING NATIONAL PROVISIONS
Article 10
Each Member State shall recognize the diplomas, certificates and other evidence
of formal qualifications set out in Article 11, awarded by other Member States
to nationals of the Member States, where such nationals already possess these
qualifications at the time of notification of this Directive or their studies
leading to such diplomas, certificates and other evidence of formal
qualifications commences during the third academic year at the latest following
such notification, even if those qualifications do not fulfil the minimum
requirements laid down in Chapter II, by giving them as regards the taking up
and pursuit of the activities referred to in Article 1 and subject to compliance
with Article 23, the same effect within its territory as the diplomas,
certificates and other evidence of formal qualifications which it awards in
architecture.
Article 11
The diplomas, certificates and other evidence of formal qualifications referred
to in Article 10 shall be as follows:
in Germany
the diplomas awarded by higher institutes of fine arts (Dipl.-Ing., Architekt
(HfbK));
the diplomas awarded by the departments of architecture (Architektur/Hochbau)
of 'Technische Hochschulen', of technical universities, of universities and, in
so far as these institutions have been merged into 'Gesamthochschulen', of
'Gesamthochschulen' (Dipl.-Ing. and any other title which may be laid down later
for holders of these diplomas);
the diplomas awarded by the departments of architecture (Architektur/Hochbau)
of 'Fachhochschulen' and, in so far as these institutions have been merged into
'Gesamthochschulen', by the departments of architecture (Architektur/Hochbau) of
'Gesamthochschulen', accompanied, where the period of study is less than four
years but at least three years, by a certificate attesting to a four-year period
of professional experience in the Federal Republic of Germany issued by the
professional body in accordance with the second subparagraph of Article 4 (1)
(Ingenieur grad. and any other title which may be laid down later for holders of
these diplomas); - the diplomas (Pruefungszeugnisse) awarded before 1 January
1973 by the departments of architecture of 'Ingenieurschulen' and of
'Werkkunstschulen', accompanied by a certificate from the competent authorities
to the effect that the person concerned has passed a test of his formal
qualifications in accordance with Article 13;
in Belgium
the diplomas awarded by the higher national schools of architecture or the
higher national institutes of architecture (architecte - architect);
the diplomas awarded by the higher provincial school of architecture of
Hasselt (architect);
the diplomas awarded by the Royal Academies of Fine Arts (architecte -
architect);
the diplomas awarded by the 'écoles Saint-Luc' (architecte - architect);
university diplomas in civil engineering, accompanied by a traineeship
certificate awarded by the association of architects entitling the holder to
hold the professional title of architect (architecte - architect);
the diplomas in architecture awarded by the central or State examining board
for architecture (architecte - architect);
the civil engineering/architecture diplomas and architecture/engineering
diplomas awarded by the faculties of applied sciences of the universities and by
the Polytechnical Faculty of Mons (ingénieur-architecte, ingenieur-architect);
in Denmark
the diplomas awarded by the National Schools of Architecture in Copenhagen and
AArhus (arkitekt);
the certificate of registration issued by the Board of Architects pursuant to
Law No 202 of 28 May 1975 (registreret arkitekt);
diplomas awarded by the Higher Schools of Civil Engineering
(bygningskonstruktoer), accompanied by a certificate from the competent
authorities to the effect that the person concerned has passed a test of his
formal qualifications in accordance with Article 13;
in France
the Government architect's diploma awarded by the Ministry of Education until
1959, and subsequently by the Ministry of Cultural Affairs (architecte DPLG);
the diplomas awarded by the 'Ecole spéciale d'architecture' (architecte
DESA);
the diplomas awarded since 1955 by the department of architecture of the
'Ecole nationale supérieure des Arts et Industries de Strasbourg' (formerly the
'Ecole nationale d'ingénieurs de Strasbourg') (architecte ENSAIS);
in Greece
the engineering/architecture diplomas awarded by the METSOVION POLYTECHNION of
Athens, together with a certificate issued by Greece's Technical Chamber
conferring the right to pursue activities in the field of architecture;
the engineering/architecture diplomas awarded by the ARISTOTELION
PANEPISTIMION of Thessaloniki, together with a certificate issued by Greece's
Technical Chamber conferring the right to pursue activities in the field of
architecture;
the engineering/civil engineering diplomas awarded by the METSOVION
POLYTECHNION of Athens, together with a certificate issued by Greece's Technical
Chamber conferring the right to pursue activities in the field of architecture;
the engineering/civil engineering diplomas awarded by the ARISTOTELION
PANEPISTIMION of Thessaloniki, together with a certificate issued by Greece's
Technical Chamber conferring the right to pursue activities in the field of
architecture;
the engineering/civil engineering diplomas awarded by the PANEPISTIMION
THRAKIS, together with a certificate issued by Greece's Technical Chamber
conferring the right to pursue activities in the field of architecture;
the engineering/civil engineering diplomas awarded by the PANEPISTIMION
PATRON, together with a certificate issued by Greece's Technical Chamber
conferring the right to pursue activities in the field of architecture;
in Ireland
the degree of Bachelor of Architecture awarded by the National University of
Ireland (B Arch. (NUI)) to architecture graduates of University College, Dublin;
the diploma of degree standard in architecture awarded by the College of
Technology, Bolton Street, Dublin (Dipl. Arch.);
the Certificate of
Associateship of the Royal Institute of Architects of Ireland (ARIAI);
the Certificate of Membership of the Royal Institute of Architects of Ireland
(MRIAI);
in Italy
'laurea in architettura' diplomas awarded by universities, polytechnic
institutes and the higher institutes of architecture of Venice and Reggio
Calabria, accompanied by the diploma entitling the holder to pursue
independently the profession of architect, awarded by the Minister for Education
after the candidate has passed, before a competent board, the State examination
entitling him to pursue independently the profession of architect (dott.
Architetto);
'laurea in ingegneria' diplomas in building construction ('sezione costenzione
civile') awarded by universities and polytechnic institutes, accompanied by the
diploma entitling the holder to pursue independently a profession in the field
of architecture, awarded by the Minister for Education after the candidate has
passed, before a competent board, the State examination entitling him to pursue
the profession independently (dott. Ing. Architetto or dott. Ing. in ingegneria
civile);
in the Netherlands
the certificate stating that its holder has passed the degree examination in
architecture awarded by the departments of architecture of the technical
colleges of Delft or Eindhoven (bouwkundig ingenieur);
the diplomas awarded by State-recognized architectural academies (architect);
the diplomas awarded until 1971 by the former architectural colleges (Hoger
Bouwkunstonderricht) (architect HBO);
the diplomas awarded until 1970 by the former architectural colleges
(Voortgezet Bouwkunstonderricht) (architect VBO);
the certificate stating that the person concerned has passed an examination
organized by the Architects Council of the 'Bond van Nederlandse Architecten'
(Order of Dutch Architects, BNA) (architect);
the diploma of the 'Stichting Instituut voor Architectuur' ('Institute of
Architecture' Foundation) (IVA) awarded on completion of a course organized by
this foundation and extending over a minimum period of four years (architect),
accompanied by a certificate from the competent authorities to the effect that
the person concerned has passed a test of his formal qualifications in
accordance with Article 13;
a certificate issued by the competent authorities to the effect that, before
the date of entry into force of this Directive, the person concerned passed the
degree examination of 'Kandidaat in de bouwkunde' organized by the technical
colleges of Delft or Eindhoven and that, over a period of at least five years
immediately prior to that date, he pursued architectural activities the nature
and importance of which, in accordance with Netherlands requirements, guarantee
that he is competent to pursue those activities (architect);
a certificate issued by the competent authorities only to persons who have
reached the age of 40 years before the date of entry into force of this
Directive, certifying that, over a period of at least five years immediately
prior to that date, the person concerned had pursued architectural activities
the nature and importance of which, in accordance with Netherlands requirements,
guarantee that he is competent to pursue those activities (architect);
the certificates referred to in the seventh and eighth indents need no longer be
recognized as from the date of entry into force of laws and regulations in the
Netherlands governing the taking up and pursuit of architectural activities
under the professional title of architect, in so far as under such provisions
those certificates do not authorize the taking up of such activities under that
professional title;
in the United Kingdom
the qualifications awarded following the passing of examinations of:
the Royal Institute of British Architects;
schools of architecture at:
universities,
polytechnics,
colleges,
academies,
schools of technology and art, which were, or are at the time of the adoption of this Directive, recognized by
the Architects Registration Council of the United Kingdom for the purpose of
admission to the Register (Architect);
a certificate stating that its holder has an established right to hold the
professional title of architect by virtue of section 6 (1) a, 6 (1) b or 6 (1) d
of the Architects Registration Act 1931 (Architect); - a certificate stating
that its holder has an established right to hold the professional title of
architect by virue of section 2 of the Architects Registration Act 1938
(Architect).
Article 12
Without prejudice to Article 10, each Member State shall recognize, by giving
them as regards the taking up and pursuit under the professional title of
architect of the activities referred to in Article 1, the same effect within its
territory as the diplomas, certificates and other evidence of formal
architectural qualifications which it issues:
certificates issued to nationals of Member States by Member States in which
there are regulations at the time of notification of this Directive governing
the taking up and pursuit of the activities referred to in Article 1 under the
professional title of architect, stating that the holder has received
authorization to bear the professional title of architect before the
implementation of this Directive and has effectively exercised the activities in
question under such regulations for at least three consecutive years during the
five years preceding the issue of the certificate;
certificates issued to nationals of Member States by Member States which
between the time of notification and implementation of the Directive introduce
regulations governing the taking up and pursuit of the activities referred to in
Article 1 under the professional title of architect, stating that the holder has
received authorization to bear the professional title of architect at the time
when this Directive is implemented and has effectively exercised the activities
in question under such regulations for at least three consecutive years during
the five years preceding the issue of the certificate.
Article 13
The test of formal qualifications referred to in Article 11 (a), fourth indent,
Article 11 (c), third indent, and Article 11 (h), sixth indent, shall comprise
an appraisal of plans drawn up and carried out by the person concerned while
actually pursuing the activities referred to in Article 1 for not less than six
years.
Article 14
Certificates issued by the competent authorities of the Federal Republic of
Germany attesting the equivalence of qualifications awarded from 8 May 1945
onwards by the competent authorities of the German Democratic Republic with the
formal qualifications listed in Article 11 shall be recognized under the
conditions listed in that Article.
Article 15
The Grand Duchy of Luxembourg shall be authorized, without prejudice to Article
5, to suspend application of Articles 10, 11 and 12 as regards the recognition
of non-university diplomas, certificates and other evidence of formal
qualifications, in order to avoid distortions of competition, for a transitional
period of four-and-a-half years from the date of notification of this Directive.
Without prejudice to Article 23, host Member States shall ensure that the
nationals of Member States who fulfil the conditions laid down in Chapter II or
Chapter III have the right to use their lawful academic title and, where
appropriate, the abbreviation thereof deriving from their Member State of origin
or the Member State from which they come, in the language of that State. Host
Member States may require this title to be followed by the name and location of
the establishment or examining board which awarded it.
If the academic title used in the Member State of origin, or in the Member
State from which a foreign national comes, can be confused in the host Member
State with a title requiring, in that State, additional education or training
which the person concerned has not undergone, the host Member State may require
such a person to use the title employed in the Member State of origin or the
Member State from which he comes in a suitable form to be specified by the host
Member State.
CHAPTER V: PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT
AND FREEDOM TO PROVIDE SERVICES
A host Member State which requires of its nationals proof of good character
or good repute when they take up for the first time the activities referred to
in Article 1 shall accept as sufficient evidence, in respect of nationals of
other Member States, a certificate issued by a competent authoritiy in the
Member State of origin or in the Member State from which the foreign national
comes, attesting that the requirements of that Member State as to good character
or good repute for taking up the activity in question have been met.
Where
the Member State of origin or the Member State from which the foreign national
comes does not require proof of good character or good repute of persons wishing
to take up the activity in question for the first time, the host Member State
may require of nationals of the Member State of origin or of the Member State
from which the foreign national comes an extract from the 'judicial record' or,
failing this, an equivalent document issued by a competent authority in the
Member State of origin or the Member State from which the foreign national
comes.
Where the Member State of origin or the Member State from which the foreign
national comes does not issue the documentary proof referred to in paragraph 2,
such proof may be replaced by a declaration on oath - or, in States where there
is no provision for declaration on oath, by a solemn declaration - made by the
person concerned before a competent judicial or administrative authority or,
where appropriate, a notary or qualified professional body of the Member State
of origin or the Member State from which the person comes; such authority or
notary shall issue a certificate attesting the authenticity of the declaration
on oath or solemn declaration.
If the host Member State has detailed knowledge of a serious matter which has
occurred outside its territory prior to the establishment of the person
concerned in that State, or if it knows that the declaration referred to in
paragraph 3 contains incorrect information and if the matter or information is
likely to affect the taking up within its territory of the activity concerned,
it may inform the Member State of origin or the Member State from which the
foreign national comes.
The Member State of origin or the Member State from which the foreign national
comes shall verify the accuracy of the facts in so far as they might affect the
taking up of the activity in question in that Member State. The authorities in
that State shall themselves decide on the nature and extent of the investigation
to be made and shall inform the host Member State of any consequential action
which they take with regard to the certificates or documents they have issued.
Member States shall ensure the confidentiality of the information forwarded.
Article 18
Where, in a host Member State, laws, regulations or administrative provisions
impose requirements as to good character or good repute, including provisions in
relation to the pursuit of the activities referred to in Article 1 for
disciplinary action in respect of serious professional misconduct or conviction
on criminal offences, the Member State of origin or the Member State from which
the foreign national comes shall forward to the host Member State all necessary
information regarding any measures or disciplinary action of a professional or
administrative nature taken against the person concerned or any criminal
penalties concerning the practise of his profession in the Member State of
origin or in the Member State from which he came.
If the host Member State has detailed knowledge of a serious matter which has
occurred outside its territory prior to the establishment of the person
concerned in that State and which is likely to affect the pursuit of the
activity concerned in that State, it may inform the Member State of origin or
the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national
comes shall verify the accuracy of the facts in so far as they might affect the
pursuit of the activity concerned in that State. The authorities of that State
shall themselves decide on the nature and extent of the investigation to be made
and shall inform the host Member State of any consequential action which they
take with regard to the information forwarded under paragraph 1.
Member States shall ensure the confidentiality of the information forwarded.
Article 19
Documents issued in accordance with Articles 17 and 18 may not be presented more
than three months after their date of issue.
Article 20
The procedure for authorizing the person concerned to take up the activities
referred to in Article 1, pursuant to Article 17 and 18, must be completed as
soon as possible and not later than three months after presentation of all the
documents relating to that person, without prejudice to delays resulting from
any appeal that may be made upon termination of this procedure.
In the cases referred to in Article 17 (4) and Article 18 (2), a request for
re-examination shall suspend the period laid down in paragraph 1. The Member State consulted shall give its reply within a period of three months.
On receipt of the reply or at the end of the period the host Member State shall
continue with the procedure referred to in paragraph 1.
Article 21
Where a host Member State requires its own nationals wishing to take up or
pursue the activities referred to in Article 1 to take an oath or make a solemn
declaration and where the form of such oath or declaration cannot be used by
nationals of other Member States, that Member State shall ensure that an
appropriate and equivalent form of oath or declaration is offered to the person
concerned.
Where a Member State requires of its own nationals wishing to take up or
pursue the activities referred to in Article 1 either an authorization from or
membership of or registration with a professional organization or body, that
Member State shall, in the case of provision of services, exempt nationals of
other Member States from that requirement.
The person concerned shall provide services with the same rights and obligations
as nationals of the host Member State; in particular he shall be subject to the
rules of conduct of a professional or administrative nature which apply in that
Member State.
For this purpose and in addition to the declaration referred to in paragraph 2
relating to the provision of services, Member States may, so as to permit the
implementation of the provisions relating to professional conduct in force in
their territory, require automatic temporary registration or pro forma
registration with a professional organization or body or in a register, provided
that this registration does not delay or in any way complicate the provision of
services or impose any additional costs on the person providing the services.
Where a host Member State adopts a measure pursuant to the second subparagraph
or becomes aware of facts which run counter to these provisions, it shall
forthwith inform the Member State in which the person concerned is established.
The host Member State may require the person concerned to make a prior
declaration to the competent authorities about the services to be provided where
they involve the execution of a project in its territory.
Pursuant to paragraphs 1 and 2, the host Member State may require the person
concerned to supply one or more documents containing the following particulars:
the declaration referred to in paragraph 2,
a certificate stating that the person concerned is lawfully pursuing the
activities in question in the Member State where he is established,
a certificate that the person concerned holds the diploma(s), certificate(s)
or other evidence of formal qualifications required for the provision of the
services in question and that those qualifications comply with the criteria in
Chapter II or are as listed in Chapter III of this Directive;
where appropriate, the certificate referred to in Article 23 (2).
The document or documents specified in paragraph 3 may not be produced more
than 12 months after their date of issue.
Where a Member State temporarily or permanently deprives, in whole or in
part, one of its nationals or a national of another Member State established in
its territory of the right to pursue the activities referred to in Article 1, it
shall, as appropriate, ensure the temporary or permanent withdrawal of the
certificate referred to in the second indent of paragraph 3.
C. Provisions common to the right of establishment and freedom to provide
services
Article 23
Where in a host Member State the use of the professional title of architect
relating to the activities referred to in Article 1 is regulated, nationals of
other Member States who fulfil the conditions laid down in Chapter II or whose
diplomas, certificates or other evidence of formal qualifications referred to in
Article 11 have been recognized under Article 10 shall be vested with the
professional title of the host Member State and the abbreviated form thereof
once they have fulfilled any conditions as to practical training experience laid
down by that State.
If in a Member State the taking up of the activities referred to in Article 1
or the pursuit of such activities under the title of architect is subject, in
addition to the requirements set out in Chapter II or to the possession of a
diploma, certificate or other evidence of formal qualifications as referred to
in Article 11, to the completion of a given period of practical experience, the
Member State concerned shall accept as sufficient evidence a certificate from
the Member State of origin or previous residence stating that appropriate
practical experience for a corresponding period has been acquired in that
country. The certificate referred to in the second subparagraph of Article 4 (1)
shall be recognized as sufficient proof within the meaning of this paragraph.
Article 24
Where the host Member State requires its nationals wishing to take up or
pursue the activities referred to in Article 1 to furnish proof of no previous
bankruptcy and where the information provided pursuant to Articles 17 and 18
does not contain proof thereof, that state shall accept a declaration on oath -
or, in States where there is no provision for declaration on oath, a solemn
declaration - made by the person concerned before a competent judicial or
administrative authority, a notary or qualified professional body of the Member
State of origin or of the Member State from which the person comes; such
authority or notary shall issue a certificate attesting the authenticity of the
declaration on oath or solemn declaration. Where, in the host Member State,
sound financial standing must be proved, that Member State shall accept
attestations issued by banks of other Member States as being equivalent to
attestations issued in its own territory.
The documents referred to in paragraph 1 may not be produced later than three
months after their date of issue.
Article 25
Where a host Member State requires its nationals wishing to take up or pursue
the activities referred to in Article 1 to furnish proof that they are covered
by insurance against the financial consequences of their professional liability,
that State shall accept certificates issued by the insurance undertakings of
other Member States as being equivalent to certificates issued in its own
territory. Such certificates must specify that the insurer has complied with the
laws and regulations in force in the host Member State as regards the conditions
and extent of cover.
The certificates referred to in paragraph 1 may not be produced latter than
three months after their date of issue.
Article 26
Member States shall take the measures necessary to enable the persons
concerned to obtain information on the laws and, where applicable, on the
professional ethics of the host Member State.
For this purpose, Member States may set up information centres from which such
persons may obtain the necessary information. In the event of establishment, the
host Member States may require them to contact these centres.
Member States may set up the centres referred to in paragraph 1 under the
auspices of the competent authorities and bodies which they designate before
expiry of the time limit laid down in the first subparagraph of 31 (1).
Member States shall ensure that, where appropriate, the persons concerned
acquire, in their own interest and in that of their clients, the linguistic
knowledge needed to follow their profession in the host Member State.
Where legitimate doubt exists, the host Member State may require the competent
authorities of another Member State to confirm the authenticity of the diplomas,
certificates and other evidence of formal qualifications awarded in that other
Member State and referred to in Chapters II and III.
Article 28
Within the time limit laid down in the first subparagraph of Article 31 (1),
Member States shall designate the authorities and bodies empowered to issue or
receive diplomas, certificates and other evidence of formal qualifications as
well as the documents and information referred to in this Directive, and shall
forthwith inform the other Member States and the Commission thereof.
Article 29
This Directive shall also apply to nationals of Member States who, in accordance
with Regulation (EEC) No 1612/68, are pursuing or will pursue as employed
persons the activities referred to in Article 1.
Article 30
Not more than three years after the end of the period provided for in the first
subparagraph of Article 31 (1), the Commission shall review this Directive on
the basis of experience and if necessary submit to the Council proposals for
amendments after consulting the Advisory Committee. The Council shall examine
any such proposals within one year.
Article 31
Member States shall take the measures necessary to comply with this Directive
within 24 months of its notification and shall forthwith inform the Commission
thereof.
Member States shall, however, have three years from the date of notification
within which to comply with Article 22.
Member States shall communicate to the Commission the texts of the main
provisions of national law which they adopt in the field covered by this
Directive.
