- Definitions
- Scope
- System for recognition where a host Member State
requires possession of a diploma within the meaning of this Directive or
Directive 89/48/EEC
- System for recognition where a
host Member State requires possession of a diploma and the applicant is the
holder of a certificate or has received corresponding education and training
- System for
recognition where a host Member State requires possession of a certificate
- Special
systems for recognition of other qualifications
- Other measures to
facilitate the effective exercise of the right of establishment, freedom to
provide services and freedom of movement of employed persons
- Procedure for coordination
- Procedure for derogating from the
right to choose between adaptation period and aptitude test
- Procedure for amending
Annexes C and D
- Other provisions
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
particular Articles 49, 57 (1) and 66 thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
- Whereas, pursuant to Article 8a of the Treaty, the internal market shall
comprise an area without internal frontiers and whereas, pursuant to Article 3
(c) of the Treaty, the abolition, as between Member States, of obstacles to
freedom of movement for persons and services constitutes one of the objectives
of the Community; whereas, for nationals of the Member States, this means in
particular the possibility of pursuing a profession, whether in a self-employed
or employed capacity, in a Member State other than that in which they acquired
their professional qualifications;
- Whereas, for those professions for the pursuit of which the Community has
not laid down the necessary minimum level of qualification, Member States
reserve the option of fixing such a level with a view to guaranteeing the
quality of services provided in their territory; whereas, however, they may not,
without disregarding their obligations laid down in Articles 5, 48, 52 and 59 of
the Treaty, require a national of a Member State to obtain those qualifications
which in general they determine only by reference to those issued under their
own national education and training systems, where the person concerned has
already acquired all or part of those qualifications in another Member State;
whereas, as a result, any host Member State in which a profession is regulated
is required to take account of qualifications acquired in another Member State
and to determine whether those qualifications correspond to the qualifications
which the Member State concerned requires;
- Whereas Council Directive 89/48/EEC of 21 December 1988 on a general system
for the recognition of higher education diplomas awarded on completion of
professional education and training of at least three years' duration
facilitates compliance with such obligations; whereas, however, it is limited to
higher education;
- Whereas, in order to facilitate the pursuit of all those professional
activities which in a host Member State are dependent on the completion of a
certain level of education and training, a second general system should be
introduced to complement the first;
- Whereas the complementary general system must be based on the same
principles and contain mutatis mutandis the same rules as the initial general
system;
- Whereas this Directive is not applicable to those regulated professions
which are covered by specific Directives principally concerned with introducing
mutual recognition of training courses completed before entry into professional
life;
- Whereas neither is it applicable, furthermore, to those activities covered
by specific Directives principally intended to introduce recognition of
technical skills based on experience acquired in another Member State; whereas
certain of those Directives apply solely to the pursuit of activities in a
self-employed capacity; whereas, in order to ensure that the pursuit of such
activities as an employed person does not fall within the scope of this
Directive, whereby the pursuit of the same activity would be subject to
different legal recognition arrangements depending on whether it was pursued in
a self-employed capacity or as an employed person, those Directives should be
made applicable to persons pursuing the activities in question as employed
persons;
- Whereas the complementary general system is entirely without prejudice to
the application of Article 48 (4) and Article 55 of the Treaty;
- Whereas this complementary system must cover the levels of education and
training not covered by the initial general system, namely that corresponding to
other post-secondary education and training courses and other equivalent
education and training, and that corresponding to long or short secondary
courses, possibly complemented by professional training or experience;
- Whereas, where in most Member States pursuit of a given regulated
profession is subject to either very short training or the possession of certain
personal attributes or merely general knowledge, the normal mechanisms for
recognition under this Directive may be excessively cumbersome; whereas in such
cases there should be provision for simplified mechanisms;
- Whereas account should also be taken of the professional training system in
the United Kingdom whereby standards for levels of performance for all
professional activities are established via the 'National Framework of
Vocational Qualifications';
- Whereas in some Member States there are only relatively few regulated
professions; whereas, however, training for professions which are not regulated
may be specifically geared to the pursuit of the profession, with the structure
and level of training being monitored or approved by the competent authorities
of the Member State concerned; whereas this provides guarantees equivalent to
those provided in connection with a regulated profession;
- Whereas the competent authorities of the host Member State should be
allowed to determine, in accordance with the relevant provisions of Community
law, the detailed rules necessary for implementation of the adaptation period
and the aptitude test;
- Whereas, since it covers two levels of education and training and since the
initial general system covers a third level, the complementary general system
must lay down whether and under what conditions a person possessing a certain
level of education and training may pursue, in another Member State, a
profession the qualifications for which are regulated at a different level;
- Whereas, for the pursuit of certain professions, certain Member States
require the possession of a diploma within the meaning of Directive 89/48/EEC,
while for the same profession other Member States require the completion of
professional education or training with a different structure; whereas certain
kinds of education and training, while not of a post-secondary nature of minimum
duration within the meaning of this Directive, nevertheless result in a
comparable professional level and prepare the person for similar
responsibilities and activities; whereas such education and training should
therefore be classed in the same category as that attested by a diploma; whereas
such education and training is very varied and this classification can be
achieved only by listing the courses in question; whereas such classification
would, where appropriate, establish the recognition of equivalence between such
education and training and that covered by Directive 89/48/EEC; whereas some
regulated education and training should also be classed at diploma level in a
second list;
- Whereas, in view of the constantly changing organization of professional
training, there should be a procedure for amending those lists;
- Whereas, since it covers occupations the pursuit of which is dependent on
the possession of professional or vocational education and training
qualifications of secondary level and generally requires manual skills, the
complementary general system must also provide for the recognition of such
qualifications even where they have been acquired solely through professional
experience in a Member State which does not regulate such professions;
- Whereas the aim of this general system, like the first general system, is
to eliminate obstacles to the taking up and pursuit of regulated professions;
whereas work carried out pursuant to Council Decision 85/368/EEC of 16 July 1985
on the comparability of vocational training qualifications between the Member
States of the European Community (5), while pursuing a different objective from
the elimination of legal obstacles to freedom of movement, namely that of
improving the transparency of the labour market, must be used, where
appropriate, in the application of this Directive, particularly where it could
provide information on the subject, content and duration of professional
training;
- Whereas professional bodies and professional educational and training
establishments should, where appropriate, be consulted or be involved in an
appropriate way in the decision-making process;
- Whereas, like the initial system, such a system, by strengthening the right
of a Community national to use his occupational skills in any Member State,
supplements and reinforces his right to acquire such skills wherever he wishes;
- Whereas the two systems should be evaluated, after a certain period of
application, in order to determine how efficiently they operate and, in
particular, how they can both be improved,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
Definitions
Article 1
For the purposes of this Directive, the following definitions shall apply:
- diploma: any evidence of education and training or any set of such evidence:
- which has been awarded by a competent authority in a Member State, designated
in accordance with the laws, regulations or administrative provisions of that
State,
- which shows that the holder has successfully completed:
- either a post-secondary course other than that referred to in the second
indent of Article 1 (a) of Directive 89/48/EEC, of at least one year's duration
or of equivalent duration on a part-time basis, one of the conditions of entry
of which is, as a general rule, the successful completion of the secondary
course required to obtain entry to university or higher education, as well as
the professional training which may be required in addition to that
post-secondary course;
- or one of the education and training courses in Annex C, and
- which shows that the holder has the professional qualifications required for
the taking up or pursuit of a regulated profession in that Member State,
provided that the education and training attested by this evidence was received
mainly in the Community, or outside the Community at teaching establishments
which provide education and training in accordance with the laws, regulations or
administrative provisions of a Member State, or that the holder thereof has
three years' professional experience certified by the Member State which
recognized third-country evidence of education and training.
The following shall be treated in the same way as a diploma within the meaning
of the first subparagraph: any evidence of education and training or any set of
such evidence awarded by a competent authority in a Member State if it is
awarded on the successful completion of education and training received in the
Community and recognized by a competent authority in that member State as being
of an equivalent level and if it confers the same rights in respect of the
taking up and pursuit of a regulated profession in that Member State;
- certificate: any evidence of education and training or any set of such
evidence:
- which has been awarded by a competent authority in a Member State, designated
in accordance with the laws, regulations or administrative provisions of that
State,
- which shows that the holder, after having followed a secondary course, has
completed:
-
either a course of education or training other than courses referred to in point
(a), provided at an educational or training establishment or on the job, or in
combination at an educational or training establishment and on the job, and
complemented, where appropriate, by the probationary or professional practice
required in addition to this course,
-
or the probationary or professional practice required in addition to this
secondary course, or
- which shows that the holder, after having followed a secondary course of a
technical or vocational nature has completed, where necessary,
-
either a course of education or training as referred to in the previous indent,
-
or the probationary or professional practice required in addition to this
secondary course of a technical or vocational nature and
- which shows that the holder has the professional qualifications required for
the taking up or pursuit of a regulated profession in that Member State,
provided that the education and training attested by this evidence was received
mainly in the Community, or outside the Community at teaching establishments
which provide education and training in accordance with the laws, regulations or
administrative provisions of a Member State, or that the holder thereof has two
years' professional experience certified by the Member State which recognized
third-country evidence of education and training.
The following shall be treated in the same was as a certificate, within the
meaning of the first subparagraph: any evidence of education and training or any
set of such evidence awarded by a competent authority in a Member State if it is
awarded on the successful completion of education and training received in the
Community and recognized by a competent authority in a Member State as being of
an equivalent level and if it confers the same rights in respect of the taking
up and pursuit of a regulated profession in that Member State;
- attestation of competence: any evidence of qualifications:
- attesting to education and training not forming part of a set constituting a
diploma within the meaning of Directive 89/48/EEC or a diploma or certificate
within the meaning of this Directive, or
- awarded following an assessment of the personal qualities, aptitudes or
knowledge which it is considered essential that the applicant have for the
pursuit of a profession by an authority designated in accordance with the laws,
regulations or administrative provisions of a Member State, without proof of
prior education and training being required;
- host Member State: any Member State in which a national of a Member State
applies to pursue a profession subject to regulation in that Member State, other
than the State in which he obtained his evidence of education and training or
attestation of competence or first pursued the profession in question;
- regulated profession: the regulated professional activity or range of
activities which constitute this profession in a Member State;
- regulated professional activity: a professional activity the taking up or
pursuit of which, or one of its modes of pursuit in a Member State, is subject,
directly or indirectly, by virtue of laws, regulations or administrative
provisions, to the possession of evidence of education and training or an
attestation of competence. The following in particular shall constitute a mode
of pursuit of a regulated professional activity:
- pursuit of an activity under a professional title, in so far as the use of
such a title is reserved to the holders of evidence of education and training or
an attestation of competence governed by laws, regulations or administrative
provisions,
- pursuit of a professional activity relating to health, in so far as
remuneration and/or reimbursement for such an activity is subject by virtue of
national social security arrangements to the possession of evidence of education
and training or an attestation of competence.
Where the first subparagraph does not apply, a professional activity shall be
deemed to be a regulated professional activity if it is pursued by the members
of an association or organization the purpose of which is, in particular, to
promote and maintain a high standard in the professional field concerned and
which, to achieve that purpose, is recognized in a special form by a Member
State and:
- awards evidence of education and training to its members,
- ensures that its members respect the rules of professional conduct which it
prescribes, and
- confers on them the right to use a professional title or designatory letters,
or to benefit from a status corresponding to that education and training.
whenever a Member State grants the recognition referred to in the second
subparagraph to an association or organization which satisfies the conditions of
that subparagraph, it shall inform the Commission thereof;
-
regulated education and training: any education and training which:
-
is specifically geared to the pursuit of a given profession, and
-
comprises a course or courses complemented, where appropriate, by professional
training or probationary or professional practice, the structure and level of
which are determined by the laws, regulations or administrative provisions of
that Member State or which are monitored or approved by the authority designated
for that purpose;
-
professional experience: the actual and lawful pursuit of the profession
concerned in a Member State;
- adaptation period: the pursuit of a regulated profession in the host Member
State under the responsibility of a qualified member of that profession, such
period of supervised practice possibly being accompanied by further education
and training. This period of supervised practice shall be the subject of an
assessment. The detailed rules governing the adaptation period and its
assessment shall be laid down by the competent authorities in the host Member
State.
-
The status enjoyed in the host Member State by the person undergoing the period
of supervised practice, in particular in the matter of right of residence as
well as of obligations, social rights and benefits, allowances and remuneration,
shall be established by the competent authorities in that Member State in
accordance with applicable Community law;
-
aptitude test: a test limited to the professional knowledge of the
applicant, made by the competent authorities of the host Member State with the
aim of assessing the ability of the applicant to pursue a regulated profession
in that Member State.
-
In order to permit this test to be carried out, the competent authorities shall
draw up a list of subjects which, on the basis of a comparison of the education
and training required in the Member State and that received by the applicant,
are not
covered by the evidence of education and training possessed by the applicant.
These subjects may cover both theoretical knowledge and practical skills
required for the pursuit of the profession.
-
This aptitude test must take account of the fact that the applicant is a
qualified professional in the Member State of origin or the Member State from
which he comes. It shall cover subjects to be selected from those on the list
referred to in the second subparagraph, knowledge of which is essential to the
pursuit of the profession in the host Member State. The test may also include
knowledge of the professional rules applicable to the activities in question in
the host Member State. The detailed application of the aptitude test shall be
determined by the competent authorities of that State.
-
The status in the host Member State of the applicant who wishes to prepare
himself for the aptitude test in that State shall be determined by the competent
authorities in that State, in accordance with applicable Community law.
CHAPTER II
Scope
Article 2
This Directive shall apply to any national of a Member State wishing to pursue a
regulated profession in a host Member State in a self-employed capacity or as an
employed person.
This Directive shall apply to neither professions which are the subject of a
specific Directive establishing arrangements for the mutual recognition of
diplomas by Member States, nor activities covered by a Directive listed in Annex
A.
The Directives listed in Annex B shall be made applicable to the pursuit as an
employed person of the activities covered by those Directives.
CHAPTER III
System for recognition where a host Member State requires possession of a
diploma within the meaning of this Directive or Directive 89/48/EEC
Article 3
Without prejudice to Directive 89/48/EEC, where, in a host Member State, the
taking up or pursuit of a regulated profession is subject to possession of a
diploma, as defined in this Directive or in Directive 89/48/EEC, the competent
authority may not, on the grounds of inadequate qualifications, refuse to
authorize a national of a Member State to take up or pursue that profession on
the same conditions as those which apply to its own nationals:
- if the applicant holds the diploma, as defined in this Directive or in
Directive 89/48/EEC, required in another Member State for the taking up or
pursuit of the profession in question in its territory, such diploma having been
awarded in a Member State; or
- if the applicant has pursued the profession in question full-time for two
years, or for an equivalent period on a part-time basis, during the previous 10
years in another Member State which does not regulate that profession within the
meaning of either Article 1 (e) and the first subparagraph of Article 1 (f) of
this Directive or Article 1 (c) and the first subparagraph of Article 1 (d) of
Directive 89/48/EEC, and possesses evidence of education and training which:
- has been awarded by a competent authority in a Member State, designated in
accordance with the laws, regulations or administrative provisions of that
State, and
- either shows that the holder has successfully completed a post-secondary
course, other than that referred to in the second indent of Article 1 (a) of
Directive 89/48/EEC, of at least one year's duration, or of equivalent duration
on a part-time basis, one of the conditions of entry of which is, as a general
rule, the successful completion of the secondary course required to obtain entry
to university or higher education, as well as any professional training which is
an integral part of that post-secondary course,
- or attests to regulated education and training referred to in Annex D, and
- has prepared the holder for the pursuit of his profession.
However, the two years' professional experience referred to above may not be
required where the evidence of education and training held by the applicant and
referred to in this point is awarded on completion of regulated education and
training.
The following shall be treated in the same way as the evidence of education and
training referred to in the first subparagraph of this point: any evidence of
education and training or any set of such evidence awarded by a competent
authority in a Member State if it is awarded on the completion of education and
training received in the Community and is recognized by that Member State as
being of an equivalent level, provided that the other Member States and the
Commission have been notified of this recognition.
By way of derogation from the first subparagraph of this Article, the host
Member State is not required to apply this Article where the taking up or
pursuit of a regulated profession is subject in its country to possession of a
diploma as defined in Directive 89/48/EEC, one of the conditions for the issue
of which shall be the completion of a post-secondary course of more than four
years duration.
Article 4
1. Notwithstanding Article 3, the host Member State may also require the
applicant:
- to provide evidence of professional experience, where the duration of the
education and training adduced in support of his application, as laid down in
points (a) and (b) of the first subparagraph of Article 3, is at least one year
less than that required in the host Member State. In this event, the period of
professional experience required may not exceed:
- twice the shortfall in duration of education and training where the shortfall
relates to a post-secondary course and/or to a period of probationary practice
carried out under the control of a supervising professional person and ending
with an examination,
- the shortfall where the shortfall relates to professional practice acquired
with the assistance of a qualified member of the profession concerned.
In the case of diplomas within the meaning of the second subparagraph of Article
1 (a), the duration of education and training recognized as being of an
equivalent level shall be determined as for the education and training defined
in the first subparagraph of Article 1 (a).
When these provisions are applied, account must be taken of the professional
experience referred to in point (b) of the first subparagraph of Article 3.
In any event, the professional experience required may not exceed four years.
Professional experience may not, however, be required of an applicant holding a
diploma attesting to a post-secondary course as referred to in the second indent
of Article 1 (a) or a diploma as defined in Article 1 (a) of Directive 89/48/EEC
who wishes to pursue his profession in a host Member State which requires the
possession of a diploma or evidence of education and training attesting to one
of the courses of education and training as referred to in Annexes C and D;
- to complete an adaptation period not exceeding three years or take an
aptitude test where:
- the theoretical and/or practical matters covered by the education and training
which he has received as laid down in points (a) or (b) of the first
subparagraph of Article 3 differ substantially from those covered by the
diploma, as defined in this Directive or in Directive 89/48/EEC, required in the
host Member State, or
- in the case referred to in point (a) of the first subparagraph of Article 3,
the profession regulated in the host Member State comprises one or more
regulated professional activities which do not form part of the profession
regulated in the Member State from which the applicant originates or comes and
that difference corresponds to specific education and training required in the
host Member State and covers theoretical and/or practical matters which differ
substantially from those covered by the diploma, as defined in this Directive or
in Directive 89/48/EEC, adduced by the applicant, or
- in the case referred to in point (b) of the first subparagraph of Article 3,
the profession regulated in the host Member State comprises one or more
regulated professional activities which do not form part of the profession
pursued by the applicant in the Member State from which he originates or comes,
and that difference corresponds to specific education and training required in
the host Member State and covers theoretical and/or practical matters which
differ substantially from those covered by the evidence of education and
training adduced by the applicant.
Should the host Member State make use of this possibility, it must give the
applicant the right to choose between an adaptation period and an aptitude test.
Where the host Member State, which requires a diploma as defined in Directive
89/48/EEC or in this Directive, intends to introduce derogations from an
applicant's right to choose, the procedure laid down in Article 14 shall apply.
By way of derogation from the second subparagraph of this point, the host Member
State may reserve the right to choose between the adaptation period and the
aptitude test if
- a profession is involved the pursuit of which requires a precise knowledge of
national law and in respect of which the provision of advice and/or assistance
concerning national law is an essential and constant feature of the professional
activity, or
- where the host Member State makes access to the profession or its pursuit
subject to the possession of a diploma as defined in Directive 89/48/EEC, one of
the conditions for the award of which is the completion of a post-secondary
course of at least three years' duration or an equivalent period on a part-time
basis and the applicant holds either a diploma as defined in this Directive or
evidence of education and training within the meaning of point (b) of the first
subparagraph of Article 3 and not covered by Article 3 (b) of Directive
89/48/EEC.
2. However, the host Member State may not apply the provisions of paragraph 1
(a) and (b) cumulatively.
CHAPTER IV
System for recognition where a host Member State requires possession of a
diploma and the applicant is the holder of a certificate or has received
corresponding education and training
Article 5
Where, in a host Member State, the taking up or pursuit of a regulated
profession is subject to possession of a diploma, the competent authority may
not, on the grounds of inadequate qualifications, refuse to authorize a national
of a Member State to take up or pursue that profession on the same conditions as
those which apply to its own nationals:
- if the applicant holds the certificate required in another Member State for
the taking up or pursuit of the same profession in its territory, such
certificate having been awarded in a Member State; or
- if the applicant has pursued the same profession full-time for two years
during the previous 10 years in another Member State which does not regulate
that profession, within the meaning of Article 1 (e) and the first subparagraph
of Article 1 (f), and possesses evidence of education and training:
- which was been awarded by a competent authority in a Member State, designated
in accordance with the laws, regulations or administrative provisions of that
State, and
- which shows that the holder, after having followed a secondary course, has
completed:
-
either a course of professional education or training other than courses
referred to in point (a), provided at an educational or training establishment
or on the job, or in combination at an educational or training establishment and
on the job and complemented, where appropriate, by the probationary or
professional practice which is an integral part of that training course,
-
or the probationary or professional practice which is an integral part of that
secondary course, or
- which shows that the holder, after having followed a secondary course of a
technical or vocational nature has completed, where necessary,
-
either a course of professional education or training as referred to in the
previous indent,
-
or the period of probationary or professional practice which is an integral part
of that secondary course of a technical or vocational nature and
- which has prepared the holder for the pursuit of this profession.
However, the two years' professional experience referred to above may not be
required where the evidence of education and training held by the applicant and
referred to in this point is awarded on completion of regulated education and
training.
Nevertheless, the host Member State may require the applicant to undergo an
adaptation period not exceeding three years or take an aptitude test. The host
Member State must give the applicant the right to choose between an adaptation
period and an aptitude test.
Where the host Member State intends to introduce derogations from an applicant's
right to choose, the procedure laid down in Article 14 shall apply.
CHAPTER V
System for recognition where a host Member State requires possession of a
certificate
Article 6
Where, in the host Member State, the taking up or pursuit of a regulated
profession is subject to possession of a certificate, the competent authority
may not, on the grounds of inadequate qualifications, refuse to authorize a
national of a Member State to take up or pursue that profession on the same
conditions as those which apply to its own nationals:
- if the applicant holds the diploma, as defined in this Directive or in
Directive 89/48/EEC, or the certificate required in another Member State for the
taking up or pursuit of the profession in question in its territory, such
diploma having been awarded in a Member State; or
- if the applicant has pursued the profession in question full-time for two
years or for an equivalent period on a part-time basis during the previous 10
years in another Member State which does not regulate that profession, within
the meaning of Article 1 (e) and the first subparagraph of Article 1 (f), and possesses evidence of
education and training:
- which has been awarded by a competent authority in a Member State, designated
in accordance with the laws, regulations or administrative provisions of that
State, and
- which shows that the holder has successfully completed a post-secondary course
other than that referred to in the second indent of Article 1 (a) of Directive
89/48/EEC, of at least one year's duration or of equivalent duration on a
part-time basis, one of the conditions of entry of which is, as a general rule,
the completion of the secondary course required to obtain entry to university or
higher education, as well as any professional training which is an integral part
of that post-secondary course, or
- which shows that the holder, after having followed a secondary course, has
completed:
-
either a course of education or training for a profession other than courses
referred to in point (a), provided at an educational establishment or on the
job, or in combination at an educational establishment and on the job and
complemented, where appropriate, by the probationary or professional practice
which is an integral part of that training course,
-
or the probationary or professional practice which is an integral part of that
secondary course, or
- which shows that the holder, after having followed a secondary course of a
technical or vocational nature has completed, where necessary,
-
either a course of education or training for a profession as referred to in the
previous indent,
-
or the period of probationary or professional practice which is an integral part
of that secondary course of a technical or vocational nature and
- which has prepared the holder for the pursuit of this profession.
However, the two years' professional experience referred to above may not be
required where the evidence of education and training held by the applicant and
referred to in this point is awarded on completion or regulated education and
training.
- if the applicant who does not hold any diploma, certificate or other
evidence of education and training within the meaning of Article 3 (b) or of
point (b) of this Article has pursued the profession in question full-time for
three consecutive years, or for an equivalent period on a part-time basis,
during the previous 10 years in another Member State which does not regulate
that profession within the meaning of Article 1 (e) and the first subparagraph
of Article 1 (f).
The following shall be treated in the same way as the evidence of education and
training referred to under (b) in the first subparagraph: any evidence of
education and training or any set of such evidence awarded by a competent
authority in a Member State if it is awarded on the completion of education and
training received in the Community and is recognized by that Member State as
being of an equivalent level, provided that the other Member States and the
Commission have been notified of this recognition.
Article 7
Without prejudice to Article 6, a host Member State may also require the
applicant to:
- complete an adaptation period not exceeding two years or to take an aptitude
test when the education and training which he received in accordance with points
(a) or (b) of the first subparagraph of Article 5 relates to theoretical or
practical matters differing substantially from those covered by the certificate
required in the host Member State, or where there are differences in the fields
of activity characterized in the host Member State by specific education and
training relating to theoretical or practical matters differing substantially
from those covered by the applicant's evidence of formal qualifications.
Should the host Member State make use of this possibility, it must give the
applicant the right to choose between an adaptation period and an aptitude test.
Where the host Member State which requires a certificate intends to introduce
derogations as regards an applicant's right to choose, the procedure laid down
in Article 14 shall apply;
- undergo an adaptation period not exceeding two years or take an aptitude
test where, in the instance referred to in point (c) of the first subparagraph
of Article 6, he does not hold a diploma, certificate or other evidence of
education and training. The host Member State may reserve the right to choose
between an adaptation period and an aptitude test.
CHAPTER VI
Special systems for recognition of other qualifications
Article 8
Where, in the host Member State, the taking up or pursuit of a regulated
profession is subject to possession of an attestation of competence, the competent authority may not, on the grounds of
inadequate qualifications, refuse to authorize a national of a Member State to
take up or pursue that profession on the same conditions as those which apply to
its own nationals:
- if the applicant holds the attestation of competence required in another
Member State for the taking up or pursuit of the same profession in its
territory, such attestation having been awarded in a Member State; or
- if the applicant provides proof of qualifications obtained in other Member
States, and giving guarantees, in particular in the matter of health, safety,
environmental protection and consumer protection, equivalent to those required
by the laws, regulations or administrative provisions of the host Member State.
If the applicant does not provide proof of such an attestation or of such
qualifications the laws, regulations or administrative provisions of the host
Member State shall apply.
Article 9
Where, in the host Member State, the taking up or pursuit of a regulated
profession is subject only to possession of evidence of education attesting to
general education at primary or secondary school level, the competent authority
may not, on the grounds of inadequate qualifications, refuse to authorize a
national of a Member State to take up or pursue that profession on the same
conditions as those which apply to its own nationals if the applicant possesses
formal qualifications of the corresponding level, awarded in another Member
State.
This evidence of formal qualifications must have been awarded by a competent
authority in that Member State, designated in accordance with its own laws,
regulations or administrative provisions.
CHAPTER VII
Other measures to facilitate the effective exercise of the right of
establishment, freedom to provide services and freedom of movement of employed
persons
Article 10
- Where the competent authority of the host Member State requires of persons
wishing to take up a regulated profession proof that they are of good character
or repute or that they have not been declared bankrupt, or suspends or prohibits
the pursuit of that profession in the event of serious professional misconduct
or a criminal offence, that State shall accept as sufficient evidence, in
respect of nationals of Member States wishing to pursue that profession in its
territory, the production of documents issued by competent authorities in the
Member State of origin or the Member State from which the foreign national comes
showing that those requirements are met.
Where the competent authorities of the Member State of origin or of the Member
State from which the foreign national comes do not issue the documents referred
to in the first subparagraph, such documents shall be replaced by a declaration
on oath - or, in Member 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 written
confirmation attesting the authenticity of the declaration on oath or solemn
declaration.
- Where the competent authority of the host Member State requires of nationals
of that Member State wishing to take up or pursue a regulated profession a
statement of physical of mental health, that authority shall accept as
sufficient evidence in this respect the production of the document required 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 impose any requirements of this nature on those wishing
to take up or pursue the profession in question, the host Member State shall
accept from such nationals a statement issued by a competent authority in that
State corresponding to the statement issued in the host Member State.
- The competent authority of the host Member State may require that the
documents and statements referred to in paragraphs 1 and 2 are presented no more
than three months after their date of issue.
- Where the competent authority of the host Member State requires nationals of
that Member State wishing to take up or pursue a regulated profession to take an
oath or make solemn declaration and where the form of such oath or declaration
cannot be used by nationals of other Member States, that authority shall ensure
that an appropriate and equivalent form of oath or declaration is offered to the
person concerned.
Article 11
- The competent authorities of host Member States shall recognize the right of
nationals of Member States who fulfil the conditions for the taking up and
pursuit of a regulated profession in their territory to use the professional title of
the host Member State corresponding to that profession.
- The competent authority of the host Member State shall recognize the right of
nationals of Member States who fulfil the conditions for the taking up and
pursuit of a regulated profession in the territory 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. The host Member State may require this title to be followed by
the name and location of the establishment or examining board which awarded it.
- Where a profession is regulated in the host Member State by an association or
organization referred to in Article 1 (f), nationals of Member States shall be
entitled to use the professional title or designatory letters conferred by that
organization or association only on proof of membership.
Where the association or organization makes membership subject to certain
qualification requirements, it may apply these to nationals of other Member
States who are in possession of a diploma within the meaning of Article 1 (a), a
certificate within the meaning of Article 1 (b) or evidence of education and
training or qualification within the meaning of point (b) of the first
subparagraph of Article 3, point (b) of the first subparagraph of Article 5 or
Article 9 in accordance only with this Directive, in particular Articles 3, 4
and 5.
Article 12
- The host Member State shall accept as means of proof that the conditions laid
down in Articles 3 to 9 are satisfied the documents issued by the competent
authorities in the Member States, which the person concerned shall submit in
support of his application to pursue the profession concerned.
- The procedure for examining an application to pursue a regulated profession
shall be completed as soon as possible and the outcome communicated in a
reasoned decision of the competent authority in the host Member State not later
than four months after presentation of all the documents relating to the person
concerned. A remedy shall be available against this decision or the absence
thereof, before a court or tribunal in accordance with the provisions of
national law.
CHAPTER VIII
Procedure for coordination
Article 13
- Member States shall designate, within the period provided for in Article 17,
the competent authorities empowered to receive the applications and take the
decisions referred to in this Directive. They shall communicate this information
to the other Member States and to the Commission.
- Each Member State shall designate a person responsible for coordinating the
activities of the authorities referred to in paragraph 1 and shall inform the
other Member States and the Commission to that effect. His role shall be to
promote uniform application of this Directive to all the professions concerned.
This coordinator shall be a member of the coordinating group set up under the
aegis of the Commission by Article 9 (2) of Directive 89/48/EEC.
The coordinating group set up under the aforementioned provision of Directive
89/48/EEC shall also be required to:
- facilitate the implementation of this Directive,
- collect all useful information for its application in the Member States,
particularly information relating to the establishment of an indicative list of
regulated professions and to the disparities between the qualifications awarded
in the Member States with a view to assisting the competent authorities of the
Member States in their task of assessing whether substantial differences exist.
The group may be consulted by the Commission on any changes to the existing
system which may be contemplated.
- The Member States shall take measures to provide the necessary information on
the recognition of diplomas and certificates and on other conditions governing
the taking up of the regulated professions within the framework of this
Directive. To carry out this task they may call upon the existing information
networks and, where appropriate, the relevant professional associations or
organizations. The Commission shall take the necessary initiatives to ensure the
development and coordination of the communication of the necessary information.
CHAPTER IX
Procedure for derogating from the right to choose between adaptation period and
aptitude test
Article 14
- If, pursuant to the second sentence of the second subparagraph of Article 4
(1) (b), the third subparagraph of Article 5, or the second sentence of the
second subparagraph of Article 7 (a), a Member State proposes not to grant
applicants the right to choose between an adaptation period and an aptitude
test, it shall immediately communicate to the Commission the corresponding draft
provision. It shall at the same time notify the Commission of the grounds which
make the enactment of such a provision necessary.
The Commission shall immediately notify the other Member States of any draft
which it has received; it may also consult the coordinating group referred to in
Article 13 (2) on the draft.
- Without prejudice to the possibility for the Commission and the other Member
States to make comments on the draft, the Member State may adopt the provision
only if the Commission has not taken a decision to the contrary within three
months.
- At the request of a Member State or the Commission, Member States shall
communicate to them, without delay, the definitive text of any provision arising
from the application of this Article.
CHAPTER X
Procedure for amending Annexes C and D
Article 15
- The lists of education and training courses set out in Annexes C and D may be
amended on the basis of a reasoned request from any Member State concerned to
the Commission. All appropriate information and in particular the text of the
relevant provisions of national law shall accompany the request. The Member
State making the request shall also inform the other Member States.
- The Commission shall examine the education and training course in question
and those required in the other Member States. It shall verify in particular
whether the qualification resulting from the course in question confers on the
holder:
- a level of professional education or training of a comparably high level to
that of the post-secondary course referred to in point (i) of the second indent
of the first subparagraph of Article 1 (a),
- a similar level of responsibility and activity.
- The Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by the representative of the
Commission.
- The representative of the Commission shall submit to the committee a draft of
the measures to be taken. The committee shall deliver its opinion on the draft
within a time limit which the chairman may lay down according to the urgency of
the matter. The opinion shall be delivered by the majority laid down in Article
148 (2) of the Treaty in the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of the representatives of the
Member States within the committee shall be weighted in the manner set out in
that Article. The chairman shall not vote.
- The Commission shall adopt measures which shall apply immediately. However,
if these measures are not in accordance with the opinion of the committee, they
shall be communicated by the Commission to the Council forthwith. In that event,
the Commission shall defer for a period of two months the application of the
measures which it has decided.
- The Council, acting by a qualified majority, may take a different decision
within the time limit referred to in the previous paragraph.
- The Commission shall inform the Member State concerned of the decision and
shall, where appropriate, publish the amended list in the Official Journal of
the European Communities.
CHAPTER XI
Other provisions
Article 16
Following the expiry of the period provided for in Article 17, Member States
shall communicate to the Commission, every two years, a report on the
application of the system introduced.
In addition to general remarks, this report shall contain a statistical summary
of the decisions taken and a description of the main problems arising from the
application of this Directive.
Article 17
- Member States shall adopt the laws, regulations and administrative provisions
necessary for them to comply with this Directive before 18 June 1994. They shall
forthwith inform the Commission thereof.
When Member States adopt these measures, the latter shall include a reference to
this Directive or be accompanied by such reference at the time of their official
publication. The methods of making such a reference shall be laid down by the
Member States.
- Member States shall communicate to the Commission the texts of the main
provisions of national law which they adopt in the field governed by this
Directive.
Article 18
Five years at the latest following the date specified in Article 17, the
Commission shall report to the European Parliament, the Council and the Economic
and Social Committee on the progress of the application of this Directive.
After conducting all necessary consultations, the Commission shall present its
conclusions as to any changes which need to be made to this Directive. At the
same time the Commission shall, where appropriate, submit proposals for
improving the existing rules in the interest of facilitating freedom of
movement, right of establishment and freedom to provide services.
Article 19
This Directive is addressed to the Member States.
Done at Luxembourg, 18 June 1992.
For the Council
The President
VITOR MARTINS
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