COMMISSION DIRECTIVE 95/43/EC of 20 July 1995 to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (1), as amended by Commission Directive 94/38/EC (2), and in particular Article 15 thereof,
Whereas, when examining a reasoned request for adding an education and training course to the list in Annex C or D, the Commission, pursuant to Article 15 (2) of Directive 92/51/EEC, is required to 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) and a similar level of responsibility and activity;
Whereas the Dutch Government has made reasoned requests for the amendment of Annexes C and D to Directive 92/51/EEC and the Austrian Government has made a reasoned request for the amendment of Annex D;
Whereas, in particular, the training courses to be added to the list in Annex C of Directive 92/51/EEC in respect of the Netherlands are comparable in structure and length, as well as in level of responsibility and activity they confer to those already listed in Annex;
Whereas in accordance with Article 2 of Directive 92/51/EEC, the provisions of this Directive are not applicable to activities covered by one of the Directives listed in Annex A, including the Directives made applicable to the pursuit as an employed person of the activities listed in Annex B, even if a national of a Member State has completed one of the 'courses having a special structure` referred to in Annex D;
Whereas, in particular, the training courses to be added to the list in Annex D of Directive 92/51/EEC in respect of the Netherlands and Austria are comparable in structure and length to certain training courses in Annex C and to some training courses that are already in Annex D and invariably feature a total duration of 13 years or more;
Whereas, in accordance with Article 17 (2) of Directive 92/51/EEC and in order to increase the effectiveness of the general system, those Member States whose education and training courses are listed in Annex D should send a list of the diplomas concerned to the Commission and the other Member States;
Whereas, in order to make Annexes C and D of Directive 92/51/EEC easier to read, the lists as amended should be published;
Whereas the measures provided for by the present Directive are in conformity with the opinion given by the Committee established by Article 15 of Directive 92/51/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes C and D to Directive 92/51/EEC are hereby amended as shown in Annex I hereto.
Article 2
The amended list of courses of education and training which appear in Annexes C and D to Directive 92/51/EEC are shown in Annex II to this Directive.
Article 3
1. Member States shall adopt the laws, regulations and administrative provisions necessary for them to comply with this Directive by 31 October 1995. 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.
2. 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 4
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Done at Brussels, 20 July 1995.