1992L0051 — EN — 05.02.2004 — 008.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE92/51/EEC
of18June1992
on a second general system for the recognition of professional education and training to supple-
mentDirective 89/48/EEC
(OJ L 209, 24.7.1992, p. 25)
Amended by:
Official Journal
No page date
►M1Commission Directive 94/38/EC of 26 July 1994 L 217 8 23.8.1994
►M2Commission Directive 95/43/EC of 20 July 1995 L 184 21 3.8.1995
►M3Commission Directive 97/38/EC of 20 June 1997 L 184 31 12.7.1997
►M4Commission Directive 2000/5/EC of 25 February 2000 L 54 42 26.2.2000
►M5Directive 2001/19/EC of the European Parliament and of the Council of
14 May 2001L 206 1 31.7.2001
►M6Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
►M7Commission Decision 2004/108/EC of 28 January 2004 L 32 15 5.2.2004
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1Corrigendum, OJ L 17, 25.1.1995, p. 20 (92/51/EEC)
►C2Corrigendum, OJ L 30, 9.2.1995, p. 40 (92/51/EEC)
▼B
COUNCILDIRECTIVE92/51/EEC
of18June1992
on a second general system for the recognition of professional
educationandtrainingtosupplementDirective 89/48/EEC
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, particular Articles 49, 57 (1) and 66 thereof,
Having regard to the proposal from the Commission (
1), In cooperation
with the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
(1)Whereas, pursuant to Article 8a of the Treaty, the internalmarket 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 movementfor persons and services constitutes one of the objectives of theCommunity; whereas, for nationals of the Member States, thismeans 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;
(2)Whereas, for those professions for the pursuit of which theCommunity has not laid down the necessary minimum level ofqualification, Member States reserve the option of fixing such alevel with a view to guaranteeing the quality of servicesprovided 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 MemberState to obtain those qualifications which in general they deter-mine only by reference to those issued under their own nationaleducation 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 inwhich a profession is regulated is required to take account ofqualifications acquired in another Member State and to deter-mine whether those qualifications correspond to thequalifications which the Member State concerned requires;
(3)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 andtraining of at least three years' duration (
4) facilitates compliance
with such obligations; whereas, however, it is limited to highereducation;
(4)Whereas, in order to facilitate the pursuit of all those profes-
sional activities which in a host Member State are dependent on
the completion of a certain level of education and training, asecond general system should be introduced to complement thefirst;
(5)Whereas the complementary general system must be based onthe same principles and contain mutatis mutandis the same rules
as the initial general system;
(6)Whereas this Directive is not applicable to those regulated
professions which are covered by specific Directives principally
concerned with introducing mutual recognition of trainingcourses completed before entry into professional life;1992L0051 — EN — 05.02.2004 — 008.001 — 2
(1) OJ No C 263, 16.10.1989, p. 1 andOJ No C 217, 1.9.1990, p. 4.
(2) OJ No C 149, 18.6.1990, p. 149, and OJ No C 150, 15.6.1992.
(3) OJ No C 75, 26.3.1990, p. 11.
(4) OJ No L 19, 24.1.1989, p. 16.
▼B
(7)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 inanother Member State; whereas certain of those Directives applysolely to the pursuit of activities in a self-employed capacity;whereas, in order to ensure that the pursuit of such activities asan employed person does not fall within the scope of this Direc-
tive, whereby the pursuit of the same activity would be subject
to different legal recognition arrangements depending onwhether it was pursued in a self-employed capacity or as anemployed person, those Directives should be made applicable topersons pursuing the activities in question as employed persons;
(8)Whereas the complementary general system is entirely withoutprejudice to the application of Article 48 (4) and Article 55 of
the Treaty;
(9)Whereas this complementary system must cover the levels ofeducation and training not covered by the initial general system,
namely that corresponding to other post-secondary education andtraining courses and other equivalent education and training, andthat corresponding to long or short secondary courses, possiblycomplemented by professional training or experience;
(10)Whereas, where in most Member States pursuit of a given regu-lated 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 thisDirective may be excessively cumbersome; whereas in suchcases there should be provision for simplified mechanisms;
(11)Whereas account should also be taken of the professionaltraining system in the United Kingdom whereby standards forlevels of performance for all professional activities are estab-
lished via the ‘National Framework of Vocational
Qualifications’;
(12)Whereas in some Member States there are only relatively fewregulated professions; whereas, however, training for professionswhich are not regulated may be specifically geared to the pursuitof the profession, with the structure and level of training beingmonitored or approved by the competent authorities of the
Member State concerned; whereas this provides guarantees
equivalent to those provided in connection with a regulatedprofession;
(13)Whereas the competent authorities of the host Member Stateshould be allowed to determine, in accordance with the relevantprovisions of Community law, the detailed rules necessary forimplementation of the adaptation period and the aptitude test;
(14)Whereas, since it covers two levels of education and training andsince the initial general system covers a third level, the comple-
mentary general system must lay down whether and under what
conditions a person possessing a certain level of education andtraining may pursue, in another Member State, a profession thequalifications for which are regulated at a different level;
(15)Whereas, for the pursuit of certain professions, certain MemberStates require the possession of a diploma within the meaningof Directive 89/48/EEC, while for the same profession otherMember 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 ofminimum duration within the meaning of this Directive, never-theless result in a comparable professional level and prepare theperson 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 educationand training is very varied and this classification can be achievedonly by listing the courses in question; whereas such classifica-tion would, where appropriate, establish the recognition ofequivalence between such education and training and that1992L0051 — EN — 05.02.2004 — 008.001 — 3
▼B
covered by Directive 89/48/EEC; whereas some regulated educa-
tion and training should also be classed at diploma level in asecond list;
(16)Whereas, in view of the constantly changing organization of
professional training, there should be a procedure for amending
those lists;
(17)Whereas, since it covers occupations the pursuit of which isdependent on the possession of professional or vocational educa-tion and training qualifications of secondary level and generallyrequires manual skills, the complementary general system mustalso provide for the recognition of such qualifications evenwhere they have been acquired solely through professional
experience in a Member State which does not regulate such
professions;
(18)Whereas the aim of this general system, like the first generalsystem, is to eliminate obstacles to the taking upand p ursuit ofregulated professions; whereas work carried out pursuant toCouncil Decision 85/368/EEC of 16 July 1985 on the compar-ability of vocational training qualifications between the Member
States of the European Community (
1), while pursuing a different
objective from the elimination of legal obstacles to freedom ofmovement, namely that of improving the transparency of thelabour market, must be used, where appropriate, in the applica-tion of this Directive, particularly where it could provide
information on the subject, content and duration of professional
training;
(19)Whereas professional bodies and professional educational andtraining establishments should, where appropriate, be consultedor be involved in an appropriate way in the decision-makingprocess;
(20)Whereas, like the initial system, such a system, by strengtheningthe right of a Community national to use his occupational skillsin any Member State, supplements and reinforces his right to
acquire such skills wherever he wishes;
(21)Whereas the two systems should be evaluated, after a certainperiod 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:
(a)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 oradministrative provisions of that State,
— which shows that the holder has successfully completed:
(i) 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 thesecondary course required to obtain entry to university orhigher education, as well as the professional training whichmay be required in addition to that post-secondary course;1992L0051 — EN — 05.02.2004 — 008.001 — 4
(1) OJ No L 199, 31.7.1985, p. 56.
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(ii) 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 Communityat teaching establishments which provide education and training inaccordance 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 recog-nized 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 competentauthority in a Member State if it is awarded on the successfulcompletion of education and training received in the Communityand 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 inthat Member State;
(b)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 trainingestablishment or on the job, or in combination at an educationalor 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 inthat 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 inaccordance with the laws, regulations or administrative provisionsof a Member State, or that the holder thereof has two years' profes-sional experience certified by the Member State which recognizedthird-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 ofeducation 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 theCommunity and recognized by a competent authority in a MemberState as being of an equivalent level and if it confers the samerights in respect of the taking up and pursuit of a regulated profes-sion in that Member State;1992L0051 — EN — 05.02.2004 — 008.001 — 5
▼B
(c)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, apti-
tudes or knowledge which it is considered essential that the
applicant have for the pursuit of a profession by an authoritydesignated in accordance with the laws, regulations or adminis-trative provisions of a Member State, without proof of prioreducation and training being required;
(d)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 obtainedhis evidence of education and training or attestation of competenceor first pursued the profession in question;
(e)regulated profession: the regulated professional activity or range of
activities which constitute this profession in a Member State;
(f)regulated professional activity: a professional activity the taking up
or pursuit of which, or one of its modes of pursuit in a MemberState, is subject, directly or indirectly, by virtue of laws, regula-tions or administrative provisions, to the possession of evidence ofeducation and training or an attestation of competence. Thefollowing in particular shall constitute a mode of pursuit of a regu-
lated 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 ofeducation and training or an attestation of competence governedby 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 issubject by virtue of national social security arrangements tothe possession of evidence of education and training or an attes-
tation of competence.
Where the first subparagraph does not apply, a professional activity
shall be deemed to be a regulated professional activity if it ispursued by the members of an association or organization thepurpose of which is, in particular, to promote and maintain a highstandard 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 designa-
tory letters, or to benefit from a status corresponding to thateducation and training.
Whenever a Member State grants the recognition referred to in the
second subparagraph to an association or organization which satis-fies the conditions of that subparagraph, it shall inform theCommission thereof;
(g)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 appro-
priate, by professional training or probationary or professionalpractice, the structure and level of which are determined bythe laws, regulations or administrative provisions of that
Member State or which are monitored or approved by the
authority designated for that purpose;
(h)professional experience: the actual and lawful pursuit of the profes-
sion concerned in a Member State;
(i)adaptation period: the pursuit of a regulated profession in the host
Member State under the responsibility of a qualified member of1992L0051 — EN — 05.02.2004 — 008.001 — 6
▼B
that profession, such period of supervised practice possibly being
accompanied by further education and training. This period ofsupervised 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 MemberState.
The status enjoyed in the host Member State by the person under-
going the period of supervised practice, in particular in the matterof right of residence as well as of obligations, social rights andbenefits, allowances and remuneration, shall be established by the
competent authorities in that Member State in accordance with
applicable Community law;
(j)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 pursuea regulated profession in that Member State.
In order to permit this test to be carried out, the competent autho-
rities shall draw upa list of subjects which, on the basis of acomparison of the education and training required in the MemberState and that received by the applicant, are not covered by theevidence 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 theMember State from which he comes. It shall cover subjects to beselected from those on the list referred to in the second subpara-graph, 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 inquestion in the host Member State. The detailed application of theaptitude test shall be determined by the competent authorities ofthat 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 deter-mined 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 recog-nition of diplomas by Member States, nor activities covered by aDirective 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 Direc-tives.
CHAPTER III
SystemforrecognitionwhereahostMemberStaterequiresposses-sionofadiplomawithinthemeaningofthisDirective 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 topossession of a diploma, as defined in this Directive or in Directive89/48/EEC, the competent authority may not, on the grounds of inade-1992L0051 — EN — 05.02.2004 — 008.001 — 7
▼B
quate qualifications, refuse to authorize a national of a Member State to
take up or pursue that profession on the same conditions as those whichapply to its own nationals:
(a) 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
(b) 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 orArticle 1 (c) and the first subparagraph of Article 1 (d) of Directive89/48/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 adminis-trative provisions of that State, and
— either shows that the holder has successfully completed a post-
secondary course, other than that referred to in the secondindent of Article 1 (a) of Directive 89/48/EEC, of at least oneyear'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 toobtain entry to university or higher education, as well as anyprofessional 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 thispoint: 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 receivedin the Community and is recognized by that Member State as beingof an equivalent level, provided that the other Member States andthe 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 wherethe taking up or pursuit of a regulated profession is subject in itscountry 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:
(a) 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 ofArticle 3, is at least one year less than that required in the hostMember State. In this event, the period of professional experiencerequired may not exceed:
— twice the shortfall in duration of education and training where
the shortfall relates to a post-secondary course and/or to aperiod of probationary practice carried out under the control ofa supervising professional person and ending with an examina-tion,1992L0051 — EN — 05.02.2004 — 008.001 — 8
▼B
— the shortfall where the shortfall relates to professional practice
acquired with the assistance of a qualified member of theprofession concerned.
In the case of diplomas within the meaning of the second subpara-
graph of Article 1 (a), the duration of education and trainingrecognized as being of an equivalent level shall be determined asfor the education and training defined in the first subparagraph ofArticle 1 (a).
When these provisions are applied, account must be taken of the
professional experience referred to in point (b) of the first subpara-graph of Article 3.
In any event, the professional experience required may not exceed
four years.
Professional experience may not, however, be required of an appli-
cant holding a diploma attesting to a post-secondary course asreferred to in the second indent of Article 1 (a) or a diploma asdefined in Article 1 (a) of Directive 89/48/EEC who wishes topursue his profession in a host Member State ►
C1which requires
the possession of a diploma attesting to one of the courses of
education and training as referred to in Annex C. ◄
(b) 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 substantiallyfrom those covered by the diploma, as defined in this Directiveor 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 Statecomprises 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 thatdifference corresponds to specific education and trainingrequired in the host Member State and covers theoretical and/or practical matters which differ substantially from thosecovered by the diploma, as defined in this Directive or in Direc-
tive 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 inthe Member State from which he originates or comes, and thatdifference corresponds to specific education and trainingrequired 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 bythe applicant.
If the host Member State intends to require the applicant to
complete an adaptation period or take an aptitude test, it must
examine first whether the knowledge acquired by the applicant in
the course of his professional experience is such that it fully orpartly covers the substantial difference referred to in the firstsubparagraph.
Should the host Member State make use of this possibility, it must
give the applicant the right to choose between an adaptation periodand an aptitude test. Where the host Member State, which requiresa 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.1992L0051 — EN — 05.02.2004 — 008.001 — 9
▼M5
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▼B
By way of derogation from the second subparagraph of this point,
the host Member State may reserve the right to choose between theadaptation 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 provi-
sion of advice and/or assistance concerning national law is anessential 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 inDirective 89/48/EEC, one of the conditions for the award of
which is the completion of a post-secondary course ►
C1of
more than three years duration ◄or an equivalent period on a
part-time basis and the applicant holds either a diploma asdefined in this Directive or evidence of education and trainingwithin 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
SystemforrecognitionwhereahostMemberStaterequiresposses-
sionofadiplomaandtheapplicantistheholderofacertificate or
hasreceived correspondingeducationandtraining
Article 5
Where, in a host Member State, the taking upor p ursuit of a regulated
profession is subject to possession of a diploma, the competentauthority may not, on the grounds of inadequate qualifications, refuseto authorize a national of a Member State to take upor p ursue thatprofession on the same conditions as those which apply to its ownnationals:
(a) if the applicant holds the certificate required in another Member
State for the taking up or pursuit of the same profession in its terri-tory, such certificate having been awarded in a Member State; or
(b) if the applicant has pursued the same profession full-time for two
years during the previous 10 years in another Member State whichdoes 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 oradministrative 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 ortraining establishment or on the job, or in combination at aneducational or training establishment and on the job and
complemented, where appropriate, by the probationary or
professional practice which is an integral part of that trainingcourse,
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 voca-tional nature and1992L0051 — EN — 05.02.2004 — 008.001 — 10
▼B
— 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 oncompletion 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 apti-tude test. The host Member State must give the applicant the right tochoose between an adaptation period and an aptitude test.
If the host Member State intends to require the applicant to complete
an adaptation period or take an aptitude test, it must first examinewhether knowledge acquired by the applicant in the course of hisprofessional experience is such that it fully or partly covers the
substantial difference between the diploma and the certificate.
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
SystemforrecognitionwhereahostMemberStaterequiresposses-
sionofacertificate
Article 6
Where, in the host Member State, the taking upor p ursuit of a regu-
lated profession is subject to possession of a certificate, the competentauthority may not, on the grounds of inadequate qualifications, refuse
to authorize a national of a Member State to take upor p ursue that
profession on the same conditions as those which apply to its ownnationals:
(a) if the applicant holds the diploma, as defined in this Directive or in
Directive 89/48/EEC, or the certificate required in another MemberState for the taking up or pursuit of the profession in question in itsterritory, such diploma having been awarded in a Member State; or
(b) if the applicant has pursued the profession in question full-time for
two years or for an equivalent period on a part-time basis duringthe previous 10 years in another Member State which does notregulate that profession, within the meaning of Article 1 (e) andthe first subparagraph of Article 1 (f), and possesses evidence ofeducation and training:
— which has been awarded by a competent authority in a Member
State, designated in accordance with the laws, regulations oradministrative 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 indentof Article 1 (a) of Directive 89/48/EEC, of at least one year'sduration or of equivalent duration on a part-time basis, one ofthe conditions of entry of which is, as a general rule, thecompletion 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 educationalestablishment or on the job, or in combination at an educationalestablishment and on the job and complemented, where appro-priate, by the probationary or professional practice which is anintegral part of that training course,1992L0051 — EN — 05.02.2004 — 008.001 — 11
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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, wherenecessary,
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 voca-tional 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 trainingheld by the applicant and referred to in this point is awarded on
completion or regulated education and training.
(c) 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 inquestion full-time for three consecutive years, or for an equivalentperiod on a part-time basis, during the previous 10 years in anotherMember 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 evidenceawarded by a competent authority in a Member State if it is awardedon the completion of education and training received in the Communityand 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:
(a) complete an adaptation period not exceeding two years or to take
an aptitude test when the education and training which he receivedin accordance with ►
C2points (a) and (b) of the first subpara-
graph of Article 6 ◄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 byspecific education and training relating to theoretical or practicalmatters differing substantially from those covered by the applicant'sevidence of formal qualifications.
If the host Member State intends to require the applicant to
complete an adaptation period or take an aptitude test, it must first
examine whether knowledge acquired by the applicant in the
course of his professional experience is such that it fully or partlycovers the substantial difference referred to in the first subpara-graph.
Should the host Member State make use of this possibility, it must
give the applicant the right to choose between an adaptation periodand 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;
(b) undergo an adaptation period not exceeding two years or take an
aptitude test where, in the instance referred to in point (c) of thefirst subparagraph of Article 6, he does not hold a diploma, certifi-cate or other evidence of education and training. The host Member1992L0051 — EN — 05.02.2004 — 008.001 — 12
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State may reserve the right to choose between an adaptation period
and an aptitude test.
CHAPTER VI
Specialsystemsforrecognitionofotherqualifications
Article 8
Where, in the host Member State, the taking upor p ursuit of a regu-
lated profession is subject to possession of an attestation of
competence, the competent authority may not, on the grounds of inade-
quate qualifications, refuse to authorize a national of a Member State totake up or pursue that profession on the same conditions as those whichapply to its own nationals:
(a) if the applicant holds the attestation of competence required in
another Member State for the taking upor p ursuit of the same
profession in its territory, such attestation having been awarded in
a Member State; or
(b) 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 thehost Member State shall apply.
Article 9
Where, in the host Member State, the taking upor p ursuit of a regu-
lated profession is subject only to possession of evidence of educationattesting to general education at primary or secondary school level, the
competent authority may not, on the grounds of inadequate qualifica-
tions, refuse to authorize a national of a Member State to take uporpursue that profession on the same conditions as those which apply toits own nationals if the applicant possesses formal qualifications of thecorresponding 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 move-
mentofemployedpersons
Article 10
1. Where the competent authority of the host Member State requires
of persons wishing to take up a regulated profession proof that they areof good character or repute or that they have not been declared bank-rupt, 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 MemberStates wishing to pursue that profession in its territory, the productionof documents issued by competent authorities in the Member State oforigin 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 issuethe documents referred to in the first subparagraph, such documentsshall be replaced by a declaration on oath - or, in Member States wherethere is no provision for declaration on oath, by a solemn declaration -made by the person concerned before a competent judicial or adminis-1992L0051 — EN — 05.02.2004 — 008.001 — 13
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trative authority or, where appropriate, a notary or qualified profes-
sional body of the Member State of origin or the Member State fromwhich the person comes; such authority or notary shall issue written
confirmation attesting the authenticity of the declaration on oath or
solemn declaration.
2. Where the competent authority of the host Member State requires
of nationals of that Member State wishing to take upor p ursue a regu-
lated profession a statement of physical of mental health, that authorityshall accept as sufficient evidence in this respect the production of thedocument required in the Member State of origin or the Member Statefrom 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 natureon those wishing to take up or pursue the profession in question, thehost 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.
3. 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.
4. Where the competent authority of the host Member State requires
nationals of that Member State wishing to take upor p ursue a regulatedprofession 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 andequivalent form of oath or declaration is offered to the personconcerned.
5. Where proof of financial standing is required in order to take up
or pursue a regulated profession in the host Member State, that
Member State shall regard certificates issued by banks in the MemberState of origin or in the Member State from where the foreign nationalcomes as equivalent to those issued in its own territory.
6. Where the competent authority of the host Member State requires
of its own nationals wishing to take up or pursue a regulated professionproof that they are insured against the financial risks arising from theirprofessional liability, that Member State shall accept certificates issuedby insurance undertakings of other Member States as equivalent to
those issued in its own territory. Such certificates shall state that the
insurer has complied with the laws and regulations in force in the hostMember State regarding the terms and extent of cover. They may notbe presented more than three months after their date of issue.
Article 11
1. The competent authorities of host Member States shall recognize
the right of nationals of Member States who fulfil the conditions forthe taking up and pursuit of a regulated profession in their territory touse the professional title of the host Member State corresponding tothat profession.
2. The competent authority of the host Member State shall recognize
the right of nationals of Member States who fulfil the conditions forthe taking up and pursuit of a regulated profession in the territory touse 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 hostMember State may require this title to be followed by the name andlocation of the establishment or examining board which awarded it.
3. Where a profession is regulated in the host Member State by an
association or organization referred to in Article 1 (f), nationals ofMember States shall be entitled to use the professional title or designa-tory letters conferred by that organization or association only on proofof membership.1992L0051 — EN — 05.02.2004 — 008.001 — 14
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Where the association or organization makes membershipsubject to
certain qualification requirements, it may apply these to nationals ofother 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 themeaning of point (b) of the first subparagraph of Article 3, point (b)of the first subparagraph of Article 5 or Article 9 in accordance onlywith this Directive, in particular Articles 3, 4 and 5.
Article 12
1. The host Member State shall accept as means of proof that the
conditions laid down in Articles 3 to 9 are satisfied the documentsissued by the competent authorities in the Member States, which theperson concerned shall submit in support of his application to pursuethe profession concerned.
2. 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 inthe host Member State not later than four months after presentation ofall the documents relating to the person concerned. A remedy shall beavailable against this decision or the absence thereof, before a court ortribunal in accordance with the provisions of national law.
CHAPTER VIII
Procedureforcoordination
Article 13
1. Member States shall designate, within the period provided for in
Article 17, the competent authorities empowered to receive the applica-tions and take the decisions referred to in this Directive. They shall
communicate this information to the other Member States and to the
Commission.
2. Each Member State shall designate a person responsible for coor-
dinating the activities of the authorities referred to in paragraph 1 andshall inform the other Member States and the Commission to thateffect. His role shall be to promote uniform application of this Direc-
tive to all the professions concerned. This coordinator shall be a
member of the coordinating groupset upunder the aegis of theCommission by Article 9 (2) of Directive 89/48/EEC.
The coordinating groupset upunder the aforementioned p rovision of
Directive 89/48/EEC shall also be required to:
— facilitate the implementation of this Directive, in particular by
adopting and publishing opinions on the questions referred to it bythe Commission,
— collect all useful information for its application in the Member
States, particularly information relating to the establishment of anindicative list of regulated professions and to the disparitiesbetween the qualifications awarded in the Member States with aview to assisting the competent authorities of the Member States
in their task of assessing whether substantial differences exist.
The groupmay be consulted by the Commission on any changes to the
existing system which may be contemplated.
3. The Member States shall take measures to provide the necessary
information on the recognition of diplomas and certificates and onother conditions governing the taking upof the regulated p rofessions
within the framework of this Directive. To carry out this task they
may call upon the existing information networks and, where appro-priate, the relevant professional associations or organizations. TheCommission shall take the necessary initiatives to ensure the develop-ment and coordination of the communication of the necessaryinformation.1992L0051 — EN — 05.02.2004 — 008.001 — 15
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CHAPTER IX
Procedureforderogatingfromtherighttochoosebetweenadapta-
tionperiodandaptitudetest
Article 14
1. 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 adapta-tion period and an aptitude test, it shall immediately communicate tothe Commission the corresponding draft provision. It shall at the sametime 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 coordinatinggroupreferred to in Article 13 (2) on the draft.
2. Without prejudice to the possibility for the Commission and the
other Member States to make comments on the draft, the Member Statemay adopt the provision only if the Commission has not taken a deci-sion to the contrary within three months.
3. 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 foramendingAnnexesCandD
Article 15
1. 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 anyMember State concerned to the Commission. All appropriate informa-tion and in particular the text of the relevant provisions of national lawshall accompany the request. The Member State making the request
shall also inform the other Member States.
2. The Commission shall examine the education and training course
in question and those required in the other Member States. It shallverify 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.
3. The Commission shall be assisted by a committee.The Committee shall adopt its rules of procedure.
4. Where reference is made to this Article, Articles 4 and 7 of Deci-
sion 1999/468/EC (
1) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at two months.
5. The Commission shall inform the Member State concerned of the
decision and shall, where appropriate, publish the amended list in theOfficial Journal of the European Union .1992L0051 — EN — 05.02.2004 — 008.001 — 16
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M6
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6. The amendments made to the lists of education and training
courses in Annexes C and D on the basis of the procedure laid downabove shall be immediately applicable on the date set by the Commis-
sion.
CHAPTER XI
Otherprovisions
Article 16
Following the expiry of the period provided for in Article 17, Member
States shall communicate to the Commission, every two years, a reporton 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
1. Member States shall adopt the laws, regulations and administra-
tive provisions necessary for them to comply with this Directivebefore 18 June 1994. They shall forthwith inform the Commissionthereof.
When Member States adopt these measures, the latter shall include a
reference to this Directive or be accompanied by such reference at thetime of their official publication. The methods of making such a refer-
ence 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 fieldgoverned 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 andthe Economic and Social Committee on the progress of the applicationof 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 appro-priate, submit proposals for improving the existing rules in the interestof facilitating freedom of movement, right of establishment andfreedom to provide services.
Article 19
This Directive is addressed to the Member States.1992L0051 — EN — 05.02.2004 — 008.001 — 17
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ANNEX A
ListoftheDirectives referred tointhesecondsubparagraphofArticle2
1. 64/429/EWG (1)
Council Directive of 7 July 1964, concerning the attainment of freedom of
establishment and freedom to provide services in respect of activities of
self-employed persons in manufacturing and processing industries falling
within ISIC Major Groups 23-40 (Industry and small craft industries)
64/427/EEC (2)
Council Directive of 7 July 1964, laying down detailed provisions
concerning transitional measures in respect of activities of self-employed
persons in manufacturing and processing industries falling within ISIC
Major Groups 23-40 (Industry and small craft industries)
2. 68/365/EEC (3)
Council Directive of 15 October 1968, concerning the attainment of
freedom of establishment and freedom to provide services in respect of
activities of self-employed persons in the food manufacturing and beverage
industries (ISIC Major Groups 20 and 21)
68/366/EEC (4)
Council Directive of 15 October 1968, laying down detailed provisions
concerning transitional measures in respect of activities of self-employed
persons in the food manufacturing and beverage industries (ISIC Major
Groups 20 and 21)
3. 64/223/EEC (5)
Council Directive of 25 February 1964 concerning the attainment of
freedom of establishment and freedom to provide services in respect of
activities in wholesale trade
64/224/EEC (6)
Council Directive of 25 February 1964 concerning the attainment of
freedom of establishment and freedom to provide services in respect of
activities of intermediaries in commerce, industry and small craft industries
64/222/EEC (7)
Council Directive of 25 February 1964 laying down detailed provisions
concerning transitional measures in respect of activities in wholesale trade
and activities of intermediaries in commerce, industry and small craft indus-
tries
4. 68/363/EEC (8)
Council Directive of 15 October 1968 concerning the attainment of freedom
of establishment and freedom to provide services in respect of activities of
self-employed persons in retail trade (ISIC ex Group 612)
68/364/EEC (9)
Council Directive of 15 October 1968 laying down detailed provisions
concerning transitional measures in respect of activities of self-employed
persons in retail trade (ISIC ex Group 612)
5. 70/522/EEC (10)
Council Directive of 30 November 1970 concerning the attainment of
freedom to provide services in respect of activities of self-employed persons
in the wholesale coal trade and activities of intermediaries in the coal trade
(ISIC ex Group6112)
70/523/EEC (11)1992L0051 — EN — 05.02.2004 — 008.001 — 18
(1) OJ No 117, 23. 7. 1964, p. 1880/64.
(2) OJ No 117, 23. 7. 1964, p. 1863/64. Amended by Directive 69/77/EEC (OJ No L 59,
10. 3. 1969, p. 8).
(3) OJ No L 260, 22. 10. 1968, p. 9.
(4) OJ No L 260, 22. 10. 1968, p. 12.
(5) OJ No 56, 4. 4. 1964, p. 863/64.
(6) OJ No 56, 4. 4. 1964, p. 869/64.
(7) OJ No 56, 4. 4. 1964, p. 857/64.
(8) OJ No L 260, 22. 10. 1968, p. 1.
(9) OJ No L 260, 22. 10. 1968, p. 6.
(10) OJ No L 267, 10. 12. 1970, p. 14.
(11) OJ No L 267, 10. 12. 1970, p. 18.
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Council Directive of 30 November 1970 laying down detailed provisions
concerning transitional measures in respect of activities of intermediaries
in the coal trade (ISIC ex Group6112)
6. 74/557/EEC (1)
Council Directive of 4 June 1974 on the attainment of freedom of establish-
ment and freedom to provide services in respect of activities of self-
employed persons and of intermediaries engaging in the trade and distribu-
tion of toxic products
74/556/EEC (2)
Council Directive of 4 June 1974 laying down detailed provisions
concerning transitional measures relating to activities, trade in and distribu-
tion of toxic products and activities entailing the professional use of such
products including activities of intermediaries
7. 68/367/EEC (3)
Council Directive of 15 October 1968 concerning the attainment of freedom
of establishment and freedom to provide services in respect of activities of
self-employed persons in the personal services sector (ISIC ex Major Group
85):
1. restaurants, cafes, taverns and other drinking and eating places (ISIC
Group852);
2. hotels, rooming houses, camps and other lodging places (ISIC Group
853)
68/368/EEC (4)
Council Directive of 15 October 1968 laying down detailed provisions
concerning transitional measures in respect of activities of self-employed
persons in the personal services sector (ISIC ex Major Group 85):
1. restaurants, cafes, taverns and other drinking and eating places (ISIC
Group852);
2. hotels, rooming houses, camps and other lodging places (ISIC Group
853)
8. 77/92/EEC (5)
Council Directive of 13 December 1976 on measures to facilitate the effec-
tive exercise of freedom of establishment and freedom to provide services
in respect of the activities of insurance agents and brokers (ex ISIC Group
630) and, in particular, transitional measures in respect of those activities
9. 82/470/EEC (6)
Council Directive of 29 June 1968 on measures to facilitate the effective
exercise of freedom of establishment and freedom to provide services in
respect of activities of self-employed persons in certain services incidental
to transport and travel agencies (ISIC Group 720)
10. 82/489/EEC (7)
Council Directive of 19 July 1982 laying down measures to facilitate the
effective exercise of the right of establishment and freedom to provide
services in hairdressing
11. 75/368/EEC (8)
Council Directive of 16 June 1975 on measures to facilitate the effective
exercise of freedom of establishment and freedom to provide services in
respect of various activities (ex ISIC Division 01 to 85) and, in particular,
transitional measures in respect of those activities
12. 75/369/EEC (9)
Council Directive of 16 June 1975 on measures to facilitate the effective
exercise of freedom of establishment and freedom to provide services in
respect of itinerant activities and, in particular, transitional measures in
respect of those activities1992L0051 — EN — 05.02.2004 — 008.001 — 19
(1) OJ No L 307, 18. 11. 1974, p. 5.
(2) OJ No L 307, 18. 11. 1974, p. 1.
(3) OJ No L 260, 22. 10. 1968, p. 16.
(4) OJ No L 260, 22. 10. 1968, p. 19.
(5) OJ No L 26, 31. 1. 1977, p. 14.
(6) OJ No L 213, 21. 7. 1982, p. 1.
(7) OJ No L 218, 27. 7. 1982, p. 24.
(8) OJ No L 167, 30. 6. 1975, p. 22.
(9) OJ No L 167, 30. 6. 1975, p. 29.
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Note
Some of the Directives listed above have been supplemented by the Acts of
Accession of Denmark, Ireland and the United Kingdom (OJ No L 73, 27. 3.
1972), of Greece (OJ No L 291, 19. 11. 1979) and of Spain and Portugal (OJ
No L 302, 15. 11. 1985).1992L0051 — EN — 05.02.2004 — 008.001 — 20
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ANNEX B
ListoftheDirectives referred toinArticle2,thirdsubparagraph
These are the Directives listed under headings 1 to 7 of Annex A, with the
exception of Directive 74/556/EEC listed under heading 6.1992L0051 — EN — 05.02.2004 — 008.001 — 21
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ANNEX C
LISTOFCOURSESHAVINGASPECIALSTRUCTUREASREFERRED
TOINPOINT(ii)OFTHESECONDINDENTOFTHEFIRSTSUBPAR-
AGRAPHOFARTICLE1(a)
1.Paramedical andchildcare trainingcourses
In Germany
training for:
— paediatric nurse (‘Kinderkrankenschwester/Kinderkrankenpfleger’),
— physiotherapist ( ‘Krankengymnast(in)/Physiotherapeut(in)’ (1)),
— occupational therapist/ergotherapist (‘Beschäftigungs- und Arbeitsthera-
peut/Ergotherapeut’),
— speech therapist (‘Logopäde/Logopädin’),
— orthoptist (‘Orthoptist(in)’),— State-recognized childcare worker (‘Staatlich anerkannte(r) Erzieher(in)’),— State-recognized remedial teacher (‘Staatlich anerkannte(r) Heilpäda-
goge(-in)’),
— medical laboratory technician ( ‘medizinisch-technische(r) Laboratoriums-
Assistent(in)’ ),
— medical X-ray technician ( ‘medizinisch-technische(r) Radiologie-Assis-
tent(in)’),
— medical functional diagnostics technician ( ‘medizinisch-technische(r)
Assistent(in) für Funktionsdiagnostik’ ),
— veterinary technician ( ‘veterinärmedizinisch-technische(r) Assistent(in)’ ),
— dietitian ( ‘Diätassistent(in)’ ),
— pharmacy technician ( ‘Pharmazieingenieur’ ) received prior to 31 March
1994 in the former German Democratic Republic or in the territory of
the new Länder,
— psychiatric nurse ( ‘Psychiatrische(r) Krankenschwester/Krankenpfleger’ ),
— speech therapist ( ‘Sprachtherapeut(in)’ ).
In Italy
training for:
— dental technician (‘odontotecnico’),
— optician (‘ottico’).
In Luxembourg
training for:
— medical X-ray technician (assistant(e) technique médical(e) en radi-
ologie),
— medical laboratory technician (assistant(e) technique médical(e) de labor-
atoire).
— psychiatric nurse (infirmier/ière psychiatrique),
— medical technician - surgery (assistant(e) technique médical(e) en chir-
urgie),
— paediatric nurse (infirmier/ière puériculteur/trice),— nurse - anaesthetics (infirmier/ière anesthésiste),
— qualified masseur/masseuse (masseur/euse diplômé(e)),
— childcare worker (éducateur/trice).1992L0051 — EN — 05.02.2004 — 008.001 — 22
(1) As from 1 June 1994, the professional title ‘Krankengymnast(in)’ was replaced by that
of‘Physiotherapeut(in)’ . Nevertheless, the members of the profession who have
obtained their diplomas before that date may, if they wish, continue to use the former
title of‘Krankengymnast(in)’ .▼M1
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In the Netherlands
— veterinary assistant ( ‘dierenartassistent’ ).
in Austria
— special basic training for nurses specialising in the care of children and
young people,
— special basic training for psychiatric nurses.
which represent education and training courses of a total duration of at least
thirteen years, comprising:
— either at least three years of vocational training in a specialized school
culminating in an examination, in some cases supplemented by a one or
two-year specialization course culminating in an examination,
— or at least two and a half years in a specialized school culminating in an
examination and supplemented by work experience of at least six months
or by a traineeship of at least six months in an approved establishment,
— or at least two years in a specialized school culminating in an examina-
tion and supplemented by work experience of at least one year or by a
traineeship of at least one year in an approved establishment,
— or in the case of the veterinary assistant ( ‘dierenartassisten’ ) in the Neth-
erlands three years of vocational training in a specialized school ( ‘MBO’-
scheme) or alternatively three years of vocational training in the dual
apprenticeship system ( ‘LLW’), both of which culminate in an examina-
tion.
In Austria
training for:
— contact lens optician (‘Kontaktlinsenoptiker’),
— pedicurist (‘Fußpfleger’),— acoustic-aid technician (‘Hörgeräteakustiker’),— druggist (‘Drogist’),
which represent education and training courses of a total duration of at least
fourteen years, including atleast five years' training followed within a struc-
tured training framework, divided into an apprenticeship of at least three
years' duration, comprising training partly received in the workplace and
partly provided by a vocational training establishment, and a period of
professional practice and training, culminating in a professional examination
conferring the right to exercise the profession and to train apprentices.
— masseur (‘Masseur’),which represents education and training courses of a total duration of four-
teen years, including five years' training within a structured training
framework, comprising an apprenticeship of two years' duration, a period of
professional practice and training of two years' duration and a training course
of one year culminating in a professional examination conferring the rights to
exercise the profession and to train apprentices.
— kindergarten worker (‘Kindergärtner/in’),
— child care worker (‘Erzieher’),
which represent education and training courses of a total duration of thirteen
years, including five year sof professional training in a specialized school,
culminating in an examination.
2.Master craftsman sector (‘Mester/Meister/Maître’) which represents
education and training courses concerning skills not covered by the
Directives listedinAnnexA
In Denmarktraining for:— (‘optometrist’) optician,this course is of a total duration of 14 years, including five years' vocational
training divided into two-and-a-half years' theoretical training provided by
the vocational training establishment and two-and-a-half years' practical
training received in the workplace, and culminating in a recognized examina-
tion relating to the craft and conferring the right to use the title ‘Mester’;1992L0051 — EN — 05.02.2004 — 008.001 — 23
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— orthopaedic technician (‘Ortopaedimekaniker’)
this course is of a total duration of 12,5 years, including three-and-a-half
years' vocational training divided into six months' theoretical training
provided by the vocational training establishment and three years' practical
training received in the workplace, and culminating in a recognized examina-
tion relating to the craft and conferring the right to use the title ‘Mester’;
— orthopaedic boot and shoemaker (‘ortopaediskomager’),this course is of a total duration of 13,5 years, including four-and-a-half
years' vocational training divided into two years' theoretical training provided
by the vocational training establishment and two-and-a-half years' practical
training received in the workplace, and culminating in a recognized examina-
tion relating to the craft and conferring the right to use the title ‘Mester’.
In Germany
training for:
— optician (‘Augenoptiker’),
— dental technician (‘Zahntechniker’),— surgical truss maker (‘Bandagist’),— hearing-aid maker (‘Hörgeräte-Akustiker’),— orthopaedic technician (‘Orthopädiemechaniker’),— orthopaedic bootmaker (‘Orthopädieschuhmacher’).
In Luxembourg
training for:
— dispensing optician (‘opticien’),
— dental technician (‘mécanicien dentaire’),
— hearing-aid maker (‘audioprothésiste’),— orthopaedic technician/surgical truss maker (‘mécanicien orthopédiste/
bandagiste’),
— orthopaedic bootmaker (‘orthopédiste-cordonnier’),
These courses are of a total duration of 14 years, including at least five years'
training followed within a structured training framework, partly received in
the workplace and partly provided by the vocational training establishment,
and culminating in an examination which must be passed in order to be
able to practise any activity considered as skilled, either independently or as
an employee with a comparable level of responsibility.
In Austria
training for:
— surgical truss maker (‘Bandagist’),
— corset maker (‘Miederwarenerzeuger’),— optician (‘Optiker’),— orthopaedic shoemaker (‘Orthopädieschuhmacher’),— orthopaedic technician (‘Orthopädietechniker’),— dental technician (‘Zahntechniker’),
— gardener (‘Gärtner’),
which represents education and training of a total duration of at least fourteen
years, including at leastfive years' training within a structured training frame-
work, divided into an apprenticeship of at least three years' duration,
comprising training received partly in the workplace and partly provided by
a vocational training establishment, and a period of professional practice and
training of at least two years' duration culminating in a mastershipexamina-
tion conferring the rights to exercise the profession, to train apprentices and
to use the title ‘Meister’.
training for master craftsmen in the field of agriculture and forestry, namely,
— master in agriculture (‘Meister in der Landwirtschaft’),
— master in rural home economics (‘Meister in der ländlichen Haus-
wirtschaft’),
— master in horticulture (‘Meister im Gartenbau’),— master in market gardening (‘Meister im Feldgemüsebau’),— master in pomology and fruit-processing (‘Meister im Obstbau und in der
Obstverwertung’),
— master in viniculture and wine-production (‘Meister im Weinbau and in
der Kellerwirtschaft’),1992L0051 — EN — 05.02.2004 — 008.001 — 24
▼A1
▼A1
— master in dairy farming (‘Meister in der Molkerei- und Käserei-
wirtschaft’),
— master in horse husbandry (‘Meister in der Pferdewirtschaft’),
— master in fishery (‘Meister in der Fischereiwirtschaft’),
— master in poultry farming (‘Meister in der Geflügelwirtschaft’),— master in apiculture (‘Meister in der Bienenwirtschaft’),
— master in forestry (‘Meister in der Forstwirtschaft’),
— master in forestry plantation and forest management (‘Meister in der
Forstgarten- und Forstpflegewirtschaft’),
— master in agricultural warehousing (‘Meister in der landwirtschaftlichen
Lagerhaltung’),
which represents education and training of a total duration of at least fifteen
years, including at leastsix years' training followed within a structured
training framework divided into an apprenticeship of at least three years'
duration, comprising training partly received in the workplace and partly
provided by a vocational training establishment, and a period of three years
of professional practice culminating in a mastership examination relating to
the profession and conferring the rights to train apprentices and to use the
title ‘Meister’.
3.Seafaringsector
a) Sea transport
In Denmarktraining for:— ship's captain (‘skibsfører’),
— first mate (‘overstyrmand’),
— quartermaster, deck officer (‘enestyrmand, vagthavende styrmand’),
— deck officer (‘vagthavende styrmand’),— engineer (‘maskinchef’),
— first engineer (‘1. maskinmester’),
— first engineer/duty engineer (‘1. maskinmester/vagthavende maskinme-
ster’).
In Germany
training for:— captain, large coastal vessel (‘Kapitän AM’),
— captain, coastal vessel (‘Kapitän AK’),
— deck officer, large coastal vessel (‘Nautischer Schiffsoffizier AMW’),— deck officer, coastal vessel (‘Nautischer Schiffsoffizier AKW’),
— chief engineer, grade C (‘Schiffsbetriebstechniker CT - Leiter von
Maschinenanlagen’),
— ship's mechanic, grade C (‘Schiffsmaschinist CMa - Leiter von
Maschinenanlagen’),
— ship's engineer, grade C (‘Schiffsbetriebstechniker CTW’),
— ship's mechanic, grade C - solo engineer officer (‘Schiffsmaschinist
CMaW - Technischer Alleinoffizier’).
In Italytraining for:— deck officer (‘ufficiale di coperta’),
— engineer officer (‘ufficiale di macchina’).
In the Netherlandstraining for:— first mate (coastal vessel) (with supplementary training) [‘stuurman
kleine handelsvaart (met aanvulling)’],
— coaster engineer (with diploma) (‘diploma motordrijver’),
— VTS official ( ‘VTS-functionaris’ ),
which represents training:
— in Denmark, of nine years' primary schooling followed by a course of
basic training and/or service at sea of between 17 and 36 months,
supplemented by:
— for the deck officer, one year of specialized vocational training,
— for the others, three years of specialized vocational training,1992L0051 — EN — 05.02.2004 — 008.001 — 25
▼B
▼M2
▼B
▼B
— in Germany, of a total duration of between 14 and 18 years, including
a three-year course of basic vocational training and one year's service
at sea, followed by one or two years of specialized vocational training
supplemented, where appropriate, by two year's work experience in
navigation,
— in Italy, of a total duration of 13 years, of which at least five years
consist of professional training culminating in an examination, and
are supplemented, where appropriate, by a traineeship,
—in the Netherlands:
— for first mate (coastal vessel) (with supplementary training)
(‘stuurman kleine handelsvaart (met aanvulling)’ ), and coaster
engineer (with diploma) ( ‘diploma motordrijver’ ), involving a
course of 14 years, at least two years of which take place in a
specialized vocational training establishment, supplemented by a
twelve-month traineeship,
— for the VTS official ( ‘VTS-functionaris’ ), of a total duration of at
least 15 years, comprising at least three years of Higher Voca-
tional Education ( ‘HBO’) or Intermediate Vocational Training
(‘MBO’), which are followed by national and regional specializa-
tion courses, comprising at least twelve weeks of theoretical
training each and culminating each in an examination,
and which are recognized under the International STCW Convention
(International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978).
b) Sea fishing
In Germany
training for:
— captain, deep-sea fishing (‘Kapitän BG/Fischerei’),
— captain, coastal fishing (‘Kapitän BK/Fischerei’),
— deck officer, deep-sea vessel (‘Nautischer Schiffsoffizier BGW/
Fischerei’),
— deck officer, coastal vessel (‘Nautischer Schiffsoffizier BKW/
Fischerei’).
In the Netherlandstraining for:— first mate/engineer V (‘stuurman werktuigkundige V’),
— engineer IV (fishing vessel) (‘werktuigkundige IV visvaart’),
— first mate IV (fishing vessel) (‘stuurman IV visvaart’),
— first mate/engineer VI (‘stuurman werktuigkundige VI’),
which represents training:
— in Germany, of a total duration of between 14 and 18 years, including
a three-year course of basic vocational training and one year's service
at sea, followed by one or two years of specialized vocational training
supplemented, where appropriate, by two-years' work experience in
navigation,
— in the Netherlands, involving a course varying in duration between
thirteen and fifteen years, at least two years of which are provided in
a specialized vocational school, supplemented by a 12-month period
of work experience,
and is recognized under the Torremolinos Convention (1977 International
Convention for the Safety of Fishing Vessels).
4.Technicalsector
In Italytraining for:
— building surveyor (‘geometra’),
— land surveyor (‘perito agrario’),1992L0051 — EN — 05.02.2004 — 008.001 — 26
▼M2
▼B
▼M1
which represents secondary technical courses of a total duration of at least 13
years, comprising eight years' compulsory schooling followed by five years'
secondary study, including three years' vocational study, culminating in the
Technical Baccalaureat examination, and supplemented,
— for building surveyors by:
either a traineeshiplasting at least two years in a p rofessional office,or five years' work experience, and
— for land surveyors, by the completion of a practical traineeship lasting at
least two years,
followed by the State Examination.
In the Netherlandstraining for:
— bailiff (‘gerechtsdeurwaarder’),
— dental-prosthesis maker ( ‘tandprotheticus’ ),
which represent a course of study and vocational training
— in the case of the bailiff ( ‘gerechtsdeurwaarder’ ), totalling nineteen
years, comprising eight years' compulsory schooling followed by eight
years' secondary education including four years' technical education
culminating in a State examination and supplemented by three years'
theoretical and practical vocational training,
— in the case of the dental-prosthesis maker ( ‘tandprotheticus’ ) totalling at
least 15 years of full time training and three years of part time training,
comprising eight years of primary education, four years of general
secondary education, completion of three years of vocational training,
involving theoretical and practical training as a dental technician, supple-
mented by three years of part-time training as a dental prosthesis-maker,
culminating in an examination.
In Austria
training for:
— forester (‘Förster’),
— technical consulting (‘Technisches Büro’),
— labour leasing (‘Überlassung von Arbeitskräften - Arbeitsleihe’),
— employment agent (‘Arbeitsvermittlung’),— investment adviser (‘Vermögensberater’),
— private investigator (‘Berufsdetektiv’),
— security guard (‘Bewachungsgewerbe’),— real estate agent (‘Immobilienmakler’),— real estate manager (‘Immobilienverwalter’),
— building project organizer (‘Bauträger, Bauorganisator, Baubetreuer’),— debt-collecting institute (‘Inkassoinstitut’),
which represents education and training of a total duration of at least fifteen
years, comprising eightyears' compulsory schooling followed by a minimum
of five years' secondary technical or commercial study, culminating in a tech-
nical or commercial matura examination, supplemented by at least two years'
workplace education and training culminating in a professional examination.
— insurance consultant (‘Berater in Versicherungsangelegenheiten’),
which represents education and training of a total duration of 15 years,
including six years' training followed within a structured training framework,
divided into an apprenticeship of three years' duration and a three-year period
of professional practice and training, culminating in an examination.
— master builder/planning and technical calculation (‘Planender Baume-
ister’),1992L0051 — EN — 05.02.2004 — 008.001 — 27
▼B
▼M1
▼B
▼M2
▼A1
▼M7
▼A1
▼A1
— master woodbuilder/planning and technical calculation (‘Planender
Zimmermeister’),
which represents education and training of a total duration of at least eigh-
teen years, including at leastnine years' vocational training divided into four
years' secondary technical study and five years' professional practice and
training culminating in a professional examination conferring the rights to
exercise the profession and to train apprentices, insofar as this training relates
to the right to plan buildings, to make technical calculations and to supervise
construction work (‘the Maria Theresian privilege’).
— commercial bookkeeper (‘Gewerblicher Buchhalter’), in accordance with
the Trade, Crafts and Industry Act 1994 (Gewerbeordnung 1994),
— independent bookkeeper (‘Selbständiger Buchhalter’), in accordance with
the Act on Professions in the Field of Public Accountancy 1999 (Bundes-
gesetz über die Wirtschaftstreuhandberufe 1999).
5.United Kingdom courses accredited as National Vocational Qualifica-
tionsorScottishVocationalQualifications
Training for:
— mine electrical engineer,
— mine mechanical engineer,
— dental therapist,
— dental hygienist,— dispensing optician,— mine deputy,
— insolvency practitioner,
— licensed conveyancer,
— first mate - freight/passenger ships - unrestricted,— second mate - freight/passenger ships - unrestricted,— third mate - freight/passenger ships - unrestricted,
— deck officer - freight/passenger ships - unrestricted,
— engineer officer - freight/passenger ships - unlimited trading area,
— certified technically competent person in waste management,
— listed veterinary nurse,
leading to qualifications accredited as National Vocational Qualifications
(NVQs)►M4 ◄, or in Scotland accredited as Scottish Voca-
tional Qualifications, at levels 3 and 4 of the United Kingdom National
Framework of Vocational Qualifications.
These levels are defined as follows:
—Level 3: competence in a broad range of varied work activities
performed in a wide variety of contexts and most of which are complex
and non-routine. There is considerable responsibility and autonomy and
control or guidance of others is often required,
—Level 4: competence in a broad range of complex, technical or profes-
sional work activities performed in a wide variety of contexts and with a
substantial degree of personal responsibility and autonomy. Responsibility
for the work of others and the allocation of resources is often present.1992L0051 — EN — 05.02.2004 — 008.001 — 28
▼M7
▼B
▼M3
▼B
▼M4
▼M3
▼B
▼M3
▼B
▼M4
▼M7
▼B
▼B
ANNEX D
List of courses havinga special structure as referred to in the third indent
ofpoint(b)ofthefirstsubparagraphofArticle3
In the United Kingdom
Regulated courses leading to qualifications accredited as National Vocational
Qualifications (NVQs) ►M4 ◄or in Scotland accredited as
Scottish Vocational Qualifications, at levels 3 and 4 of the United Kingdom
National Framework of Vocational Qualifications.
These levels are defined as follows:
—Level 3: competence in a broad range of varied work activities performed
in a wide variety of contexts and most of which are complex and non-
routine. There is considerable responsibility and autonomy, and control or
guidance of others is often required.
—Level4: competence in a broad range of complex, technical or professional
work activities performed in a wide variety of contexts and with a substan-
tial degree of personal responsibility and autonomy. Responsibility for the
work of others and the allocation of resources is often present.
In Germany:
the following regulated courses,
— regulated courses preparatory to the pursuit of the professions of technical
assistant ( ‘technische(r) Assistent(in)’ ), commercial assistant
(‘kaufmännische(r) Assistent(in) Assistent(in)’ ), social professions ( ‘soziale
Berufe’) and the profession of State-certified respiration and elocution
instructor ( ‘staatlich geprüfte(r) Atem-, Sprech- und Stimmlehrer(in)’ ), of a
total duration of at least 13 years, which require successful completion of
the secondary course of education ( ‘mittlerer Bildungsabschluß’ ) and which
comprise:
— at least three years (1) of vocational training at a specialized school
(‘Fachschule’ ) culminating in an examination and, where applicable,
supplemented by a one-year or two-year specialization course also culmi-
nating in an examination,
— or at least two and a half years at a specialized school ( ‘Fachschule’ )
culminating in an examination and supplemented by work experience
having a duration of not less than six months or a traineeshipof not
less than six months in an approved establishment,
— or at least two years at a specialized school ( ‘Fachschule’ ) culminating
in an examination and supplemented by work experience having a dura-
tion of not less than one year or a traineeshipof not less than one year in
an approved establishment,
— regulated courses for the professions of State-certified ( ‘staatlich
geprüfte(r)’ ) technician ( ‘Techniker(in)’ ), business economist
(‘Betriebswirt(in)’ ), designer ( ‘Gestalter(in)’ ) and family assistant
(‘Familienpfleger(in)’ ), of a total duration of not less than 16 years, a prere-
quisite of which is successful completion of compulsory schooling or
equivalent education and training (of a duration of not less than nine years)
and successful completion of a course at a trade school ( ‘Berufsschule’ )o f
not less than three years, and comprising, upon completion of at least two
years of work experience, full-time education and training having a duration
of not less than two years or part-time education and training of equivalent
duration,
— regulated courses and regulated in-service training, of a total duration of not
less than 15 years, a prerequisite of which is, generally speaking, successful
completion of compulsory schooling (of a duration of not less than nine
years) and of vocational training (noramlly three years) and generally
comprising at least two years of work experience (three years in most cases)
and an examination as part of in service training, preparation for which
generally entails a training course which either runs concurrently with the
work experience (at least 1 000 hours) or is attended on a full-tiume basis
(at least one year).1992L0051 — EN — 05.02.2004 — 008.001 — 29
(1) The minimum duration may be reduced from three years if the person concerned has
the qualification required to enter university ( ‘Abitur’), i.e. 13 years of prior education
and training, or the qualification needed to enter a ‘Fachhochschule’ (a‘Fach-
hochschulreife’ ), i.e. 12 years of prior education and training▼M1
▼M1
The German authorities shall send to the Commission and to the other Member
States a list of the training courses covered by this Annex.
In the Netherlands:
The following regulated courses:
— Regulated training courses of a total duration of not less than 15 years, a
prerequisite of which is successful completion of eight years of primary
education plus four years of either intermediate general secondary education
(‘MAVO’) or Preparatory Vocational Education ( ‘VBO’) or general
secondary education of a higher level, and which require the completion of
a three-year or four-year course at a college for intermediate vocational
training ( ‘MBO’), culminating in an examination,
— regulated training courses of a total duration of not less than 16 years, a
prerequisite of which is successful completion of eight years of primary
education plus four years of at least preparatory vocational education
(‘VBO’) or a higher level of general secondary education, and which require
the completion of at least four years of vocational training in the apprentice-
shipsystem, comp rising at least one day of theoretical instruction at a
college each week and on the other days practical training in a practical
training centre or in a firm, and culminating in a secondary or tertiary level
examination.
The Dutch authorities shall send to the Commission and to the other Member
States a list of the training courses covered by this Annex.
In Austria:
— Courses at higher vocational schools ( ‘Berufsbildende Höhere Schulen’ ) and
higher education establishments for agriculture and forestry ( ‘Höhere Land-
und Forstwirtschaftliche Lehranstalten’ ), including special types
(‘einschließlich der Sonderformen’ ), the structure and level of which are
determined by law, regulations and administrative provisions.
These courses have a total length of not less than 13 years and comprise five
years of vocational training, which culminate in a final examination, the
passing of which is a proof of professional competence.
— Courses at master schools ( ‘Meisterschulen’ ), master classes
(‘Meisterklassen’ ), industrial master schools ( ‘Werkmeisterschulen’ )o r
building craftsmen schools ( ‘Bauhandwerkerschulen’ ), the structure and
level of which are determined by law, regulations and administrative provi-
sions.
These courses have a total length of not less than 13 years, comprising nine
years of compulsory education, followed by either at least three years of
vocational training at a specialized school or at least three years of training
in a firm and in parallel at a vocational training school ( ‘Berufsschule’ ), both
of which culminate in an examination, and are supplemented by successful
completion of at least a one-year training course at a master school
(‘Meisterschule’ ), master classes ( ‘Meisterklassen’ ), industrial master school
(Werkmeisterschule ) or a building craftsmen school
(‘Bauhandwerkerschulen’ ). In most cases the total duration is at least 15
years, comprising periods of work experience, which either precede the
training courses at these establishments or are accompanied by part-time
courses (at least 960 hours).
The Austrian authorities shall send to the Commission and the Member States a
list of the training courses covered by this Annex.1992L0051 — EN — 05.02.2004 — 008.001 — 30
▼M2