COMMISSION DIRECTIVE 94/38/EC of 26 July 1994 amending Annexes C and D 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
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), and in particular Article 15 thereof,
Whereas, when examining a reasoned request for adding an education or training course to the list in Annex C or D or for removing such a course from one of those Annexes, 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 German Government has made reasoned requests for the amendment of Annexes C and D to the Directive and the Italian Government has made a reasoned request for the amendment of Annex C;
Whereas, in particular, the reference to the professional title of physiotherapist ('Krankengymnast(in)') in Germany needs to be amended following a change in national legislation which has introduced ane professional title without, however, altering the structure of the professional education and training;
Whereas, in particular, the training courses to be added to the list in Annex C in respect of Germany have the same structure as those already listed, in respect of Germany, Italy and Luxembourg, at point 1 ('Paramedical and childcare training courses') in that Annex;
Whereas Italy has altered its education and training courses for accountants ('regioniere') and accountancy experts ('perito commerciale'), with the result that those courses now come under Council Directive 89/48/EEC (2); whereas, in the case of work consultants ('consulenti del lavoro'), the course of education and training covered by Directive 89/48/EEC is now the principal form of education and training for the profession concerned; whereas, accordingly, education and training courses for those two professions should no longer be included in Annex C, since holders of qualifications covered by Directive 92/51/EEC could, by virtue of Article 1 (a) of Directive 89/48/EEC, apply to be treated in the same way;
Whereas in accordance with Article 2 of Directive 92/51/EEC the provisions of that Directive are not applicable to activities covered by any of the Directives listed in Annex A thereto, 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 in respect of Germany are similar in structure to certain training courses in Annex C and invariably feature a total duration of 13 years or more, including three years or more of vocational training;
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;
Whereas, in order to make Annexes C and D easier to read, the lists as amended should be published;
Whereas the measures provided for in this Directive are in accordance 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 lists of the 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 before 1 October 1994. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by 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, 26 July 1994.