1992L0051 — EN — 07.07.1992 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 92/51/EEC
of 18 June 1992
on a second general system for the recognition of professional education and training to supple-
ment Directive 89/48/EEC
(OJ L 209, 24.7.1992, p. 25)
Corrected by:
►C1Corrigendum, OJ L 17, 25.1.1995, p. 20 (92/51)
►C2Corrigendum, OJ L 30, 9.2.1995, p. 40 (92/51)
1992L0051 — EN — 07.07.1992 — 000.001 — 2
▼B
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
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 internal market
shall comprise an area without internal frontiers and whereas,pursuant to Article 3(c) of the Treaty, the abolition, as betweenMember States, of obstacles to freedom of movement for personsand services constitutes one of the objectives of the Community;whereas, for nationals of the Member States, this means in partic-ular the possibility of pursuing a profession, whether in a self-employed or employed capacity, in a Member State other thanthat 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 services providedin their territory; whereas, however, they may not, without disre-garding their obligations laid down in Articles 5, 48, 52 and 59 ofthe Treaty, require a national of a Member State to obtain thosequalifications which in general they determine only by referenceto those issued under their own national education and trainingsystems, where the person concerned has already acquired all orpart of those qualifications in another Member State; whereas, asa result, any host Member State in which a profession is regu-lated is required to take account of qualifications acquired inanother Member State and to determine whether those qualifica-tions correspond to the qualifications which the Member Stateconcerned requires;
(3)Whereas Council Directive 89/48/EEC of 21 December 1988 ona general system for the recognition of higher education diplomasawarded on completion of professional education and training ofat least three years’ duration (
4) facilitates compliance with such
obligations; whereas, however, it is limited to higher education;
(4)Whereas, in order to facilitate the pursuit of all those professionalactivities which in a host Member State are dependent on thecompletion of a certain level of education and training, a secondgeneral system should be introduced to complement the first;
(5)Whereas the complementary general system must be based on thesame principles and contain mutatis mutandis the same rules as
the initial general system;
(6)Whereas this Directive is not applicable to those regulatedprofessions which are covered by specific Directives principallyconcerned with introducing mutual recognition of trainingcourses completed before entry into professional life;
(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.
1992L0051 — EN — 07.07.1992 — 000.001 — 3
▼B
(7)Whereas neither is it applicable, furthermore, to those activities
covered by specific Directives principally intended to introducerecognition 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 thisDirective, whereby the pursuit of the same activity would besubject 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 theTreaty;
(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 thepossession of certain personal attributes or merely general knowl-edge, the normal mechanisms for recognition under this Directivemay be excessively cumbersome; whereas in such cases thereshould be provision for simplified mechanisms;
(11)Whereas account should also be taken of the professional trainingsystem in the United Kingdom whereby standards for levels ofperformance for all professional activities are established 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 theMember State concerned; whereas this provides guaranteesequivalent 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 whatconditions 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 meaning ofDirective 89/48/EEC, while for the same profession otherMember States require the completion of professional educationor training with a different structure; whereas certain kinds ofeducation 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 sucheducation and training should therefore be classed in the samecategory 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 classi-fication would, where appropriate, establish the recognition ofequivalence between such education and training and thatcovered by Directive 89/48/EEC; whereas some regulated educa-
1992L0051 — EN — 07.07.1992 — 000.001 — 4
▼B
tion and training should also be classed at diploma level in a
second list;
(16)Whereas, in view of the constantly changing organization ofprofessional training, there should be a procedure for amendingthose 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 even wherethey have been acquired solely through professional experiencein 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 up and pursuit 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 MemberStates 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 infor-mation on the subject, content and duration of professionaltraining;
(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 toacquire such skills wherever he wishes;
(21)Whereas the two systems should be evaluated, after a certainperiod of application, in order to determine how efficiently theyoperate 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 apart-time basis, one of the conditions of entry of which is,as a general rule, the successful completion of the secon-dary course required to obtain entry to university or highereducation, as well as the professional training which may berequired in addition to that post-secondary course;
(1) OJ No L 199, 31.7.1985, p. 56.
1992L0051 — EN — 07.07.1992 — 000.001 — 5
▼B
(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 inthat Member State,
provided that the education and training attested by this evidence
was received mainly in the Community, or outside the Community atteaching establishments which provide education and training inaccordance with the laws, regulations or administrative provisions ofa Member State, or that the holder thereof has three 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 way as a diploma within
the meaning of the first subparagraph: any evidence of education andtraining 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 Community andrecognized by a competent authority in that member State as beingof an equivalent level and if it confers the same rights in respect ofthe taking up and pursuit of a regulated profession in that MemberState;
(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 oradministrative 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 practicerequired 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, wherenecessary,
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 atteaching establishments which provide education and training inaccordance with the laws, regulations or administrative provisions ofa 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 of educa-tion and training or any set of such evidence awarded by acompetent authority in a Member State if it is awarded on thesuccessful 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 same rightsin respect of the taking up and pursuit of a regulated profession inthat Member State;
1992L0051 — EN — 07.07.1992 — 000.001 — 6
▼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 thisDirective, or
— awarded following an assessment of the personal qualities, apti-
tudes or knowledge which it is considered essential that theapplicant 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 inthat Member State, other than the State in which he obtained hisevidence of education and training or attestation of competence orfirst 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, regulationsor administrative provisions, to the possession of evidence of educa-tion and training or an attestation of competence. The following inparticular shall constitute a mode of pursuit of a regulated profes-sional 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 to thepossession of evidence of education and training or an attesta-tion 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 achievethat 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 the Commis-sion 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 by thelaws, regulations or administrative provisions of that MemberState or which are monitored or approved by the authoritydesignated 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 of thatprofession, such period of supervised practice possibly beingaccompanied by further education and training. This period of
1992L0051 — EN — 07.07.1992 — 000.001 — 7
▼B
supervised practice shall be the subject of an assessment. The
detailed rules governing the adaptation period and its assessmentshall 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 matter ofright of residence as well as of obligations, social rights and bene-fits, allowances and remuneration, shall be established by thecompetent authorities in that Member State in accordance withapplicable Community law;
(j)aptitude test: a test limited to the professional knowledge of the
applicant, made by the competent authorities of the host MemberState 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 authori-
ties shall draw up a 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 practicalskills 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 profes-sion in the host Member State. The test may also include knowledgeof the professional rules applicable to the activities in question inthe host Member State. The detailed application of the aptitude testshall be determined by the competent authorities of that State.
The status in the host Member State of the applicant who wishes to
prepare himself for the aptitude test in that State shall be deter-mined by the competent authorities in that State, in accordance withapplicable 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-employedcapacity 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 recogni-tion 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 Directives.
CHAPTER III
System for recognition where a host Member State requires posses-sion of a diploma within the meaning of this Directive or Directive
89/48/EEC
Article 3
Without prejudice to Directive 89/48/EEC, where, in a host Member
State, the taking up or pursuit of a regulated profession is subject topossession of a diploma, as defined in this Directive or in Directive89/48/EEC, 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:
1992L0051 — EN — 07.07.1992 — 000.001 — 8
▼B
(a) if the applicant holds the diploma, as defined in this Directive or in
Directive 89/48/EEC, required in another Member State for thetaking 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, duringthe previous 10 years in another Member State which does notregulate 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 trainingwhich:
— 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, thesuccessful 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-secon-dary 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 trainingheld by the applicant and referred to in this point is awarded oncompletion 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 suchevidence awarded by a competent authority in a Member State if it isawarded on the completion of education and training received in theCommunity and is recognized by that Member State as being of anequivalent level, provided that the other Member States and theCommission have been notified of this recognition.
By way of derogation from the first subparagraph of this Article, the
host Member State is not required to apply this Article where thetaking up or pursuit of a regulated profession is subject in its countryto possession of a diploma as defined in Directive 89/48/EEC, one ofthe conditions for the issue of which shall be the completion of apost-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 of asupervising professional person and ending with an exam-ination,
— the shortfall where the shortfall relates to professional practice
acquired with the assistance of a qualified member of theprofession concerned.
1992L0051 — EN — 07.07.1992 — 000.001 — 9
▼B
In the case of diplomas within the meaning of the second subpara-
graph of Article 1 (a), the duration of education and training recog-nized as being of an equivalent level shall be determined as for theeducation and training defined in the first subparagraph of Article 1(a).
When these provisions are applied, account must be taken of the
professional experience referred to in point (b) of the first 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 ofeducation 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 3differ 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 whichdo not form part of the profession regulated in the MemberState from which the applicant originates or comes and thatdifference corresponds to specific education and trainingrequired in the host Member State and covers theoretical and/orpractical matters which differ substantially from those coveredby the diploma, as defined in this Directive or in Directive89/48/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 Statecomprises one or more regulated professional activities whichdo 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/orpractical matters which differ substantially from those coveredby the evidence of education and training adduced by the appli-cant.
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 adiploma as defined in Directive 89/48/EEC or in this Directive,intends to introduce derogations from an applicant’s right to choose,the procedure laid down in Article 14 shall apply.
By way of derogation from the second subparagraph of this point,
the host Member State may reserve the right to choose between 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 provisionof advice and/or assistance concerning national law is an essen-tial 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 ofwhich 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
1992L0051 — EN — 07.07.1992 — 000.001 — 10
▼B
Article 3and not covered by Article 3(b) of Directive 89/48/EEC.
2. However, the host Member State may not apply the provisions of
paragraph 1 (a) and (b) cumulatively.
CHAPTER IV
System for recognition where a host Member State requires posses-sion of a diploma and the applicant is the holder of a certificate or
has received corresponding education and training
Article 5
Where, in a host Member State, the taking up or pursuit of a regulated
profession is subject to possession of a diploma, the competent authoritymay not, on the grounds of inadequate qualifications, refuse to authorizea national of a Member State to take up or pursue that profession on thesame conditions as those which apply to its own nationals:
(a) if the applicant holds the certificate required in another Member
State for the taking up or pursuit of the same profession in itsterritory, 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 possessesevidence 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 andcomplemented, where appropriate, by the probationary orprofessional 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, wherenecessary,
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 orvocational 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 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 anaptitude test. The host Member State must give the applicant the right tochoose between an adaptation period and an aptitude test.
Where the host Member State intends to introduce derogations from an
applicant’s right to choose, the procedure laid down in Article 14 shallapply.
1992L0051 — EN — 07.07.1992 — 000.001 — 11
▼B
CHAPTER V
System for recognition where a host Member State requires posses-
sion of a certificate
Article 6
Where, in the host Member State, the taking up or pursuit of a regulated
profession is subject to possession of a certificate, the competentauthority may not, on the grounds of inadequate qualifications, refuse toauthorize a national of a Member State to take up or pursue thatprofession 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 during theprevious 10 years in another Member State which does not regulatethat profession, within the meaning of Article 1 (e) and the firstsubparagraph of Article 1 (f), and possesses evidence of educationand 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 touniversity or higher education, as well as any professionaltraining 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,
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 orvocational 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 oncompletion 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 themeaning of Article 1 (e) and the first subparagraph of Article 1 (f).
1992L0051 — EN — 07.07.1992 — 000.001 — 12
▼B
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 awarded onthe 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 beennotified 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 received inaccordance with ►
C2points (a) and (b) of the first subparagraph
of Article 6 ◄relates to theoretical or practical matters differing
substantially from those covered by the certificate required in thehost Member State, or where there are differences in the fields ofactivity characterized in the host Member State by specific educa-tion and training relating to theoretical or practical matters differingsubstantially from those covered by the applicant’s evidence offormal qualifications.
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 acertificate intends to introduce derogations as regards an applicant’sright 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 MemberState may reserve the right to choose between an adaptation periodand an aptitude test.
CHAPTER VI
Special systems for recognition of other qualifications
Article 8
Where, in the host Member State, the taking up or pursuit of a regulated
profession is subject to possession of an attestation of competence, thecompetent authority may not, on the grounds of inadequate qualifica-tions, refuse to authorize a national of a Member State to take up orpursue that profession on the same conditions as those which apply toits own nationals:
(a) if the applicant holds the attestation of competence required in
another Member State for the taking up or pursuit of the sameprofession in its territory, such attestation having been awarded in aMember 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 thoserequired by the laws, regulations or administrative provisions of the hostMember 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 up or pursuit of a regulated
profession is subject only to possession of evidence of educationattesting to general education at primary or secondary school level, thecompetent authority may not, on the grounds of inadequate qualifica-
1992L0051 — EN — 07.07.1992 — 000.001 — 13
▼B
tions, refuse to authorize a national of a Member State to take up orpursue 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 accordancewith its own laws, regulations or administrative provisions.
CHAPTER VII
Other measures to facilitate the effective exercise of the right ofestablishment, freedom to provide services and freedom of move-
ment of employed persons
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 eventof serious professional misconduct or a criminal offence, that State shallaccept as sufficient evidence, in respect of nationals of Member Stateswishing to pursue that profession in its territory, the production ofdocuments issued by competent authorities in the Member State oforigin or the Member State from which the foreign national comesshowing that those requirements are met.
Where the competent authorities of the Member State of origin or of the
Member State from which the foreign national comes do not issue thedocuments referred to in the first subparagraph, such documents shall bereplaced by a declaration on oath - or, in Member States where there isno provision for declaration on oath, by a solemn declaration - made bythe person concerned before a competent judicial or administrativeauthority or, where appropriate, a notary or qualified professional bodyof the Member State of origin or the Member State from which theperson comes; such authority or notary shall issue written confirmationattesting the authenticity of the declaration on oath or solemn declara-tion.
2. Where the competent authority of the host Member State requires
of nationals of that Member State wishing to take up or pursue aregulated profession a statement of physical of mental health, thatauthority shall accept as sufficient evidence in this respect the produc-tion of the document required in the Member State of origin or theMember State from which the foreign national comes.
Where the Member State of origin or the Member State from which the
foreign national comes does not impose any requirements of this natureon those wishing to take up or pursue the profession in question, thehost Member State shall accept from such nationals a statement issuedby a competent authority in that State corresponding to the statementissued 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 arepresented 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 up or pursue a regulatedprofession to take an oath or make solemn declaration and where theform of such oath or declaration cannot be used by nationals of otherMember States, that authority shall ensure that an appropriate andequivalent form of oath or declaration is offered to the personconcerned.
Article 11
1. The competent authorities of host Member States shall recognize
the right of nationals of Member States who fulfil the conditions for thetaking up and pursuit of a regulated profession in their territory to use
1992L0051 — EN — 07.07.1992 — 000.001 — 14
▼B
the professional title of the host Member State corresponding to thatprofession.
2. The competent authority of the host Member State shall recognize
the right of nationals of Member States who fulfil the conditions for thetaking up and pursuit of a regulated profession in the territory to usetheir lawful academic title and, where appropriate, the abbreviationthereof deriving from their Member State of origin or the Member Statefrom which they come, in the language of that State. The host MemberState may require this title to be followed by the name and location ofthe 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.
Where the association or organization makes membership subject to
certain qualification requirements, it may apply these to nationals ofother Member States who are in possession of a diploma within themeaning 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) ofthe first subparagraph of Article 5 or Article 9 in accordance only withthis 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 3to 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 outcomecommunicated in a reasoned decision of the competent authority in thehost Member State not later than four months after presentation of allthe 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
Procedure for coordination
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 shallcommunicate this information to the other Member States and to theCommission.
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 that effect.His role shall be to promote uniform application of this Directive to allthe professions concerned. This coordinator shall be a member of thecoordinating group set up under the aegis of the Commission by Article9 (2) of Directive 89/48/EEC.
The coordinating group set up under the aforementioned provision of
Directive 89/48/EEC shall also be required to:
— facilitate the implementation of this Directive,
— collect all useful information for its application in the Member
States, particularly information relating to the establishment of anindicative list of regulated professions and to the disparities betweenthe qualifications awarded in the Member States with a view to
1992L0051 — EN — 07.07.1992 — 000.001 — 15
▼B
assisting the competent authorities of the Member States in their
task of assessing whether substantial differences exist.
The group may be consulted by the Commission on any changes to the
existing system which may be contemplated.
3. The Member States shall take measures to provide the necessary
information on the recognition of diplomas and certificates and on otherconditions governing the taking up of the regulated professions withinthe framework of this Directive. To carry out this task they may callupon the existing information networks and, where appropriate, therelevant professional associations or organizations. The Commissionshall take the necessary initiatives to ensure the development and coor-dination of the communication of the necessary information.
CHAPTER IX
Procedure for derogating from the right to choose between adapta-
tion period and aptitude test
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 secondsentence of the second subparagraph of Article 7 (a), a Member Stateproposes not to grant applicants the right to choose between an adapta-tion period and an aptitude test, it shall immediately communicate to theCommission the corresponding draft provision. It shall at the same timenotify the Commission of the grounds which make the enactment ofsuch a provision necessary.
The Commission shall immediately notify the other Member States of
any draft which it has received; it may also consult the coordinatinggroup referred 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 adecision 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 ofany provision arising from the application of this Article.
CHAPTER X
Procedure for amending Annexes C and D
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 requestshall 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 coursein 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) ofthe second indent of the first subparagraph of Article 1 (a),
— a similar level of responsibility and activity.
3. The Commission shall be assisted by a committee composed of
the representatives of the Member States and chaired by the repres-entative of the Commission.
4. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairman
1992L0051 — EN — 07.07.1992 — 000.001 — 16
▼B
may lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148 (2) of the Treatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the mannerset out in that Article. The chairman shall not vote.
5. The Commission shall adopt measures which shall apply imme-
diately. However, if these measures are not in accordance with theopinion of the committee, they shall be communicated by the Commis-sion to the Council forthwith. In that event, the Commission shall deferfor a period of two months the application of the measures which it hasdecided.
6. The Council, acting by a qualified majority, may take a different
decision within the time limit referred to in the previous paragraph.
7. 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 Communities .
CHAPTER XI
Other provisions
Article 16
Following the expiry of the period provided for in Article 17, Member
States shall communicate to the Commission, every two years, a 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 problemsarising from the application of this Directive.
Article 17
1. Member States shall adopt the laws, regulations and administrative
provisions necessary for them to comply with this Directive before 18June 1994. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, the latter shall include a
reference to this Directive or be accompanied by such reference at 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 thisDirective. At the same time the Commission shall, where appropriate,submit proposals for improving the existing rules in the interest offacilitating freedom of movement, right of establishment and freedom toprovide services.
Article 19
This Directive is addressed to the Member States.
1992L0051 — EN — 07.07.1992 — 000.001 — 17
▼B
ANNEX A
List of the Directives referred to in the second subparagraph of Article 2
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 ofself-employed persons in manufacturing and processing industries fallingwithin 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-employedpersons in manufacturing and processing industries falling within ISICMajor 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 ofself-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-employedpersons in the food manufacturing and beverage industries (ISIC MajorGroups 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 inwholesale 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 ofintermediaries 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 tradeand 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 ofself-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-employedpersons 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 personsin the wholesale coal trade and activities of intermediaries in the coal trade(ISIC ex Group 6112)
70/523/EEC (
11)
Council Directive of 30 November 1970 laying down detailed provisions
concerning transitional measures in respect of activities of intermediaries inthe coal trade (ISIC ex Group 6112)
(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.
1992L0051 — EN — 07.07.1992 — 000.001 — 18
▼B
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 suchproducts 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 ofself-employed persons in the personal services sector (ISIC ex Major Group85):
1. restaurants, cafes, taverns and other drinking and eating places (ISIC
Group 852);
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-employedpersons in the personal services sector (ISIC ex Major Group 85):
1. restaurants, cafes, taverns and other drinking and eating places (ISIC
Group 852);
2. hotels, rooming houses, camps and other lodging places (ISIC Group
853)
8. 77/92/EEC (
5)
Council Directive of 13December 1976 on measures to facilitate the effec-
tive exercise of freedom of establishment and freedom to provide services inrespect 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 inrespect of activities of self-employed persons in certain services incidental totransport 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 provideservices 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 inrespect 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 inrespect of itinerant activities and, in particular, transitional measures inrespect of those activities
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 NoL 302, 15. 11. 1985).
(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.
1992L0051 — EN — 07.07.1992 — 000.001 — 19
▼B
ANNEX B
List of the Directives referred to in Article 2, third subparagraph
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 — 07.07.1992 — 000.001 — 20
▼B
ANNEX C
LIST OF COURSES HAVING A SPECIAL STRUCTURE AS REFERRED
TO IN POINT (ii) OF THE SECOND INDENT OF THE FIRST
SUBPARAGRAPH OF ARTICLE 1 (a)
1.Paramedical and childcare training courses
In Germanytraining for:
— paediatric nurse (‘Kinderkrankenschwester/Kinderkrankenpfleger'),
— physiotherapist (‘Krankengymnast(in)'),— occupational therapist (‘Beschäftigungs- und Arbeitstherapeut(in)'),— 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)').
In Italytraining for:
— dental technician (‘odontotecnico'),
— optician (‘ottico'),— chiropodist (‘podologo').
In Luxembourgtraining for:
— medical X-ray technician (assistant(e) technique médical(e) en radi-
ologie),
— medical laboratory technician (assistant(e) technique médical(e) de labo-
ratoire).
— 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),
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 ortwo-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 sixmonths or by a traineeship of at least six months in an approvedestablishment,
— or at least two years in a specialized school culminating in an exam-
ination and supplemented by work experience of at least one year or bya traineeship of at least one year in an approved establishment.
2.Master craftsman sector (‘Mester/Meister/Maître') which represents
education and training courses concerning skills not covered by theDirectives listed in Annex A
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 bythe vocational training establishment and two-and-a-half years’ practicaltraining received in the workplace, and culminating in a recognized exam-ination relating to the craft and conferring the right to use the title ‘Mester';
1992L0051 — EN — 07.07.1992 — 000.001 — 21
▼B
— 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 trainingprovided by the vocational training establishment and three years’ practicaltraining received in the workplace, and culminating in a recognized exam-ination 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 trainingprovided by the vocational training establishment and two-and-a-half years’practical training received in the workplace, and culminating in a recognizedexamination relating to the craft and conferring the right to use the title‘Mester'.
In Germanytraining for:
— optician (‘Augenoptiker'),
— dental technician (‘Zahntechniker'),— surgical truss maker (‘Bandagist'),— hearing-aid maker (‘Hörgeräte-Akustiker'),— orthopaedic technician (‘Orthopädiemechaniker'),— orthopaedic bootmaker (‘Orthopädieschuhmacher').
In Luxembourgtraining 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, partlyreceived in the workplace and partly provided by the vocational trainingestablishment, and culminating in an examination which must be passed inorder to be able to practise any activity considered as skilled, either inde-pendently or as an employee with a comparable level of responsibility.
3.Seafaring sector
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 maskin-
mester').
In Germanytraining 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, grad e C - solo engineer officer (‘Schiffsmaschinist
CMaW - Technischer Alleinoffizier').
1992L0051 — EN — 07.07.1992 — 000.001 — 22
▼B
In Italy
training 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'),
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,
— in Germany, of a total duration of between 14 and 18 years,
including a three-year course of basic vocational training and oneyear’s service at sea, followed by one or two years of specializedvocational training supplemented, where appropriate, by two year’swork experience in navigation,
— in Italy, of a total duration of 13years, of which at least five years
consist of professional training culminating in an examination, andare supplemented, where appropriate, by a traineeship,
— in the Netherlands, involving a course of 14 years, at least two years
of which takes place in a specialized vocational training establish-ment, supplemented by a twelve month traineeship,
and which are recognized under the International STCW Convention
(International Convention on Standards of Training, Certification andWatchkeeping for Seafarers, 1978).
b) Sea fishing
In Germanytraining 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 oneyear’s service at sea, followed by one or two years of specializedvocational 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 ina specialized vocational school, supplemented by a 12-month periodof work experience,
and is recognized under the Torremolinos Convention (1977 Inter-
national Convention for the Safety of Fishing Vessels).
4.Technical sector
In Italytraining for:
— building surveyor (‘geometra'),
— land surveyor (‘perito agrario'),— accountant (‘ragioniero'),and accountancy expert (‘perito commerciale'),
1992L0051 — EN — 07.07.1992 — 000.001 — 23
▼B
— work consultants (‘consulente del lavoro'),
which represents secondary technical courses of a total duration of at least
13years, comprising eight years’ compulsory schooling followed by fiveyears’ secondary study, including three years’ vocational study, culminatingin the Technical Baccalaureat examination, and supplemented,
— for building surveyors by:
either a traineeship lasting at least two years in a professional office,or five years’ work experience, and
— for land surveyors, accountants, accountancy experts and work consul-
tants, by the completion of a practical traineeship lasting at least twoyears,
followed by the State Examination.
In the Netherlandstraining for:
— bailiff (‘gerechtsdeurwaarder'),which represents a course of study and vocational training totalling nineteen
years, comprising eight years’ compulsory schooling followed by eightyears’ secondary education including four years’ technical education culmi-nating in a State examination and supplemented by three years’ theoreticaland practical vocational training.
5.United Kingdom courses accredited as National Vocational Qualifica-
tions or Scottish Vocational Qualifications
Training for:
— medical laboratory scientific officer,
— mine electrical engineer,— mine mechanical engineer,— approved social worker - mental health,— probation officer,— dental therapist,— dental hygienist,— dispensing optician,— mine deputy,— insolvency practitioner,— licensed conveyancer,— prosthetist,— 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,— trade mark agent,
leading to qualifications accredited as National Vocational Qualifications
(NVQs) or approved or recognized as equivalent by the National Councilfor Vocational Qualifications, or in Scotland accredited as Scottish Voca-tional Qualifications, at levels 3and 4 of the United Kingdom NationalFramework 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 complexand non-routine. There is considerable responsibility and autonomy andcontrol 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 asubstantial degree of personal responsibility and autonomy. Responsi-bility for the work of others and the allocation of resources is oftenpresent.
1992L0051 — EN — 07.07.1992 — 000.001 — 24
▼B
ANNEX D
List of courses having a special structure as referred to in the third indent of
point (b) of the first subparagraph of Article 3
In the United Kingdom
Regulated courses leading to qualifications accredited as National Vocational
Qualifications (NVQs) by the National Council for Vocational Qualifications orin Scotland accredited as Scottish Vocational Qualifications, at levels 3and 4 ofthe 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 orguidance of others is often required.
—Level 4: competence in a broad range of complex, technical or professional
work activities performed in a wide variety of contexts and with a substantialdegree of personal responsibility and autonomy. Responsibility for the workof others and the allocation of resources is often present.