1985L0384 — EN — 31.07.2001 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 10June 1985
on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in
architecture, including measures to facilitate the effective exercise of the right of establishment and
freedom to provide services
(85/384/EEC)
(OJ L 223, 21.8.1985, p. 15)
Amended by:
Official Journal
No page date
►M1 Council Directive of 20 December 1985 (85/614/EEC) L 376 1 31.12.1985
►M2 Council Directive of 27 January 1986 (86/17/EEC) L 27 71 1.2.1986
►M3 Council Directive of 4 December 1990 (90/658/EEC) L 353 73 17.12.1990
►M4 Directive 2001/19/EC of the European Parliament and of the Council of
14 May 2001 L 206 1 31.7.2001
Amended by:
►A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1 Corrigendum, OJ L 72, 21.3.1996, p. 40 (85/384/EEC)
►C2 Corrigendum, OJ L 87, 2.4.1986, p. 36 (86/17/EEC)
▼B
COUNCIL DIRECTIVE
of 10June 1985
on the mutual recognition of diplomas, certificates and other
evidence of formal qualifications in architecture, including measuresto facilitate the effective exercise of the right of establishment and
freedom to provide services
(85/384/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 49, 57 and 66 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, pursuant to the Treaty, all discriminatory treatment based on
nationality with regard to establishment and provision of services is
prohibited as from the end of the transitional period; whereas theresulting principle of non-discriminatory treatment as regards nationalityappliesinter alia to the grant of any authorization required to take up
activities in the field of architecture and also to the registration with ormembership of professional organizations or bodies;
Whereas it nevertheless seems desirable that certain provisions be
introduced to facilitate the effective exercise of the right of establish-ment and freedom to provide services in respect of activities in the fieldof architecture;
Whereas, pursuant to the Treaty, Member States are required not to
grant any form of aid likely to distort the conditions of establishment;
Whereas Article 57 (1) of the Treaty provides that directives be issued
for the mutual recognition of diplomas, certificates and other evidenceof formal qualifications;
Whereas architecture, the quality of buildings, the way they blend in
with their surroundings, respect for the natural and urban environmentand the collective and individual cultural heritage are matters of publicconcern; whereas, therefore, the mutual recognition of diplomas,
certificates and other evidence of formal qualifications must be founded
on qualitative and quantitative criteria ensuring that the holders ofrecognized diplomas, certificates and other evidence of formalqualifications are able to understand and give practical expression tothe needs of individuals, social groups and communities as regardsspatial planning, the design, organization and construction of buildings,
the conservation and enhancement of the architectural heritage and
preservation of the natural balance;
Whereas methods of education and training for those practising
professionally in the field of architecture are at present very varied;whereas, however, provision should be made for progressive alignment
of education and training leading to the pursuit of activities under the
professional title of architect;
Whereas, in some Member States, the taking up and pursuit of the
activities of architect are by law conditional upon the possession of a
diploma in architecture where, in certain other Member States where this
condition does not exist, the right to hold the professional title ofarchitect is none the less governed by law; whereas, finally, in someMember States where neither the former nor the latter is the case, lawsand regulations are being prepared on the taking up and pursuit of theseactivities under the professional title of architect; whereas, therefore, the1985L0384 — EN — 31.07.2001 — 003.001 — 2
(1) OJ No 239, 4. 10. 1967, p. 15.
(2) OJ No C 72, 19. 7. 1968, p. 3.
(3) OJ No C 24, 22. 3. 1968, p. 3.
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conditions under which such activities may be taken up and pursued in
those Member States have not yet been laid down; whereas the mutualrecognition of diplomas, certificates and other evidence of formal
qualifications presupposes that such diplomas, certificates and other
evidence of formal qualifications authorize the taking up and pursuit ofcertain activities in the Member State of issue whereas, therefore, therecognition of certain certificates under this Directive should continue toapply only in so far as the holders of such certificates will be authorized,
in accordance with legal provisions still to be adopted in the Member
State of Issue, to take up activities under the professional title ofarchitect;
Whereas acquisition of the lawful professional title of architect is subject
in some Member States to completion of a period of practical experiencein addition to the possession of a diploma, certificate or other evidenceof formal qualifications; whereas, since practice in this respect ofpresent varies from one Member State to another, to obviate possible
difficulties completion of an equal period of appropriate practical
experience in another Member State should be recognized as meetingthis condition;
Whereas the reference in Article 1 (2) to ‘activities in the field of
architecture’ as being ‘those activities usually pursued under theprofessional title of architect’, the justification for which lies in theconditions prevailing in certain Member States, is intended solely to
indicate the scope of this Directive, without claiming to give a legal
definition of activities in the field of architecture;
Whereas, in most Member States, activities in the field of architecture
are pursued, in law or in fact, by persons who hold the title of architect,whether alone or together with another title, without those personshaving a monopoly in pursuing those activities save where there are lawsto the contrary; whereas the aforementioned activities, or some of them,may also be pursued by members of other professions, in particular by
engineers who have received special training in construction engineering
or building;
Whereas the mutual recognition of qualifications will facilitate the
taking up and pursuit of the activities in question;
Whereas in some Member States there is legislation allowing the lawful
professional title of architect, by way of exception and notwithstandingthe usual educational and training requirements for access to the title, tobe granted to certain distinguished persons in the field, who are very fewin number and whose work shows exceptional architectural talent;
whereas the case of these architects should be covered in this Directive,
particularly since they frequently enjoy an international reputation;
Whereas the recognition of a number of the existing diplomas,
certificates and other evidence of formal qualifications in architecturelisted in Articles 10 to 12 is intended to enable the holders thereof toestablish themselves or provide services in other Member States withimmediate effect; whereas the sudden introduction of this provision inthe Grand Duchy of Luxembourg could, in view of the country's small
size, lead to distortion of competition and disturb the organization of the
profession; whereas, as a result, there appears to be justification forallowing this Member State an additiional (SIC! additional) period ofadjustment;
Whereas, since a Directive on the mutual recognition of diplomas,
certificates and other evidence of formal qualifications in architecturedoes not necessarily imply practical equivalence in the education and
training covered by such diplomas, certificates and evidence, the use of
titles should be authorized only in the language of the Member State oforigin or of the Member State from which a foreign national comes;
Whereas, to facilitate the application of this Directive by the national
authorities, Member States may prescribe that, in addition to evidence ofqualifications, persons who satisfy the educational and trainingrequirements of this Directive must provide a certificate from thecompetent authorities of their Member State of origin or of the country1985L0384 — EN — 31.07.2001 — 003.001 — 3
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from which they come stating that these qualifications are those referred
to by the Directive;
Whereas the national provisions with regard to good repute and good
character may be applied as standards for the taking up of activities if
establishment takes place; whereas, moreover, in the circumstances adistinction should be drawn between cases in which the personsconcerned have never yet exercised any activities in the field ofarchitecture and those in which they have already exercised suchactivities in another Member State;
Whereas, in the case of the provision of services, the requirement of
registration with, or membership of, professional organizations or bodieswould, since it is related to the fixed and permanent nature of theactivity pursued in the host Member State, undoubtedly constitute anobstacle to the provider of services by reason of the temporary nature ofhis activity; whereas this requirement should therefore be abolished;
whereas, however, in this event control over professional discipline,
which is the responsibility of the£e professional organizations or bodies,should be guaranteed; whereas, to this end, it should be provided,subject to the application of Article 62 of the Treaty, that the personconcerned may be required to notify the provision of services to the
competent authority of the host Member State;
Whereas, as far as the activities of employed persons in the field of
architecture are concerned, Council Regulation (EEC) No 1612/68 of 15October 1968 on freedom of movement for workers within theCommunity (
1) lays down no specific provisions relating to good
character or good repute, professional discipline or use of title for the
professions covered; whereas, depending on the individual Member
State, such rules are or may be applicable both to employed and to self-employed persons; whereas activities in the field of architecture aresubject in several Member States to possession of a diploma, certificateor other evidence of formal qualifications; whereas such activities arepursued by both employed and self-employed persons, or by the same
persons in both capacities in the course of their professional career;
whereas, in order to encourage fully the free movement of members ofthe profession within the Community, it therefore appears necessary toextend this Directive to employed persons in the field of architecture;
Whereas this Directive introduces mutual recognition of diplomas,
certificates and other evidence of formal qualifications giving access to
professional activities, without concomitant coordination of national
provisions relating to education and training; whereas, moreover, thenumber of members of the profession who are concerned variesconsiderably from one Member State to another; whereas the first fewyears of application of this Directive must therefore be followed
particularly attentively by the Commission,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE
Article 1
l. This Directive shall apply to activities in the field of architecture.2. For the purposes of this Directive, activities in the field of
architecture shall be those activities usually pursued under theprofessional title of architect1985L0384 — EN — 31.07.2001 — 003.001 — 4
(1) OJ No L 257, 19. 10. 1968, p. 2.
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CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMAL QUALIFICATIONS ENABLING THE HOLDER TOTAKE UP ACTIVITIES IN THE FIELD OF ARCHITECTURE
UNDER THE PROFESSIONAL TITLE OF ARCHITECT
Article 2
Each Member State shall recognize the diplomas, certificates and other
evidence of formal qualifications acquired as a result of education andtraining fulfilling the requirements of Articles 3 and 4 and awarded to
nationals of Member States by other Member States, by giving such
diplomas, certificates and other evidence of formal qualifications, asregards the right to take up activities referred to in Article l and pursuethem under the professional title of architect pursuant to Article 23 (1),the same effect in its territory as those awarded by the Member State
itself.
Article 3
Education and training leading to diplomas, certificates and other
evidence of formal qualifications referred to in Article 2 shall be
provided through courses of studies at university level concernedprincipally with architecture. Such studies shall be balanced between thetheoretical and practical aspects of architectural training and shall ensurethe acquisition of:
1. an ability to create architectural designs that satisfy both aesthetic
and technical requirements,
2. an adequate knowledge of the history and theories of architecture
and the related arts, technologies and human sciences,
3. a knowledge of the fine arts as an influence on the quality of
architectural design,
4. an adequate knowledge of urban design, planning and the skills
involved in the planning process,
5. an understanding of the relationship between people and buildings,
and between buildings and their environment, and of the need to
relate buildings and the spaces between them to human needs and
scale,
6. an understanding of the profession of architecture and the role of the
architect in society, in particular in preparing briefs that takeaccount of social factors,
7. an understanding of the methods of investigation and preparation of
the brief for a design project,
8. an understanding of the structural design, constructional and
engineering problems associated with building design,
9. an adequate knowledge of physical problems and technologies and
of the function of buildings so as to provide them with internal
conditions of comfort and protection against the climate,
10. the necessary design skills to meet building users' requirements
within the constraints imposed by cost factors and building
regulations,
11. an adequate knowledge of the industries, organizations, regulations
and procedures involved in translating design concepts intobuildings and integrating plans into overall planning.
Article 4
1. The education and training referred to in Article 2 must satisfy the
requirements defined in Article 3 and also the following conditions:
(a) the total length of education and training shall consist of a minimum
of either four years of full time studies at a university or comparableeducational establishment, or at least six years of study at auniversity or comparable educational establishment of which at leastthree must be full time;1985L0384 — EN — 31.07.2001 — 003.001 — 5
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(b) such education and training shall be concluded by successful
completion of an examination of degree standard.
Notwithstanding the first subparagraph, recognition under Article 2 shall
also be accorded to the training given over three years in the
‘Fachhochschulen’ in the Federal Republic of Germany in the form in
which it exists at the time of notification of this Directive and in so faras it satisfies the requirements laid down in Article 3, giving access tothe activities referred to in Article l in that Member State with theprofessional title of architect, provided that such training is supple-mented by a four-year period of professional experience in the Federal
Republic of Germany sanctioned by a certificate issued by the
professional body on whose list the architect wishing to benefit fromthe provisions of this Directive is registered. The body shall previouslyhave established that the work carried out by the architect concerned inthe field of architecture constitutes conclusive proof of the practical
application of all the knowledge referred to in Article 3. The certificate
shall be issued according to the same procedure as that which applies toregistration on the list of architects.
On the basis of the experience gained and bearing in mind developments
in architectural training, the Commission shall, eight years after the endof the period specified in the first subparagraph of Article 31 (1), submita report to the Council on the application of this derogation and theappropriate proposals on which the Council shall decide in accordance
with the procedures laid down by the Treaty within a period of six
months.
2. Recognition under Article 2 shall also be accorded to education
and training which, as part of a social betterment scheme or a part-timeuniversity course, conforms to the requirements of Article 3 and leads toan examination in architecture successfully completed by persons whohave been employed in architecture for not less than seven years under
the supervision of an architect or firm of architects. This examination
must be of degree standard and be equivalent to the final examinationreferred to in paragraph 1 (b).
Article 5
1. Nationals of a Member State authorized to hold the professional
title of architect pursuant to a law giving the competent authority of a
Member State the possibility of conferring this title on nationals ofMember States who have particularly distinguished themselves by theirachievements in the field of architecture shall be considered as meetingthe requirements laid down for the pursuit of architectural activities
under the professional title of architect
2. In the case of those persons referred to in paragraph 1, a certificate
issued by the Member State of which the holder is a national, or from
which he comes, shall constitute proof of the status of architect.
Article 6
Member States shall examine diplomas, certificates and other evidence
of formal qualifications in the field covered by this Directive obtained
by the holder outside the European Union in cases where those
diplomas, certificates and other evidence of formal qualifications havebeen recognised in a Member State, as well as of training undergoneand/or professional experience gained in a Member State. The MemberState shall give its decision within three months of the date on which the
applicant submits his application together with full supporting
documentation.
Article 6a
Where the application is rejected, Member States shall duly give the
reasons for decisions on applications for recognition of diplomas,1985L0384 — EN — 31.07.2001 — 003.001 — 6
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certificates and other evidence of formal qualifications in the field
covered by this Directive.
Applicants shall have a right of appeal before the courts under national
law. That right of appeal shall likewise apply in the event of failure toreach a decision within the stipulated period.
Article 7
1. Each Member State shall communicate as soon as possible,
simultaneously to the other Member States and to the Commission, thelist of diplomas, certificates and other evidence of formal qualificationswhich are awarded within its territory and which meet the criteria laid
down in Articles 3 and 4, together with the establishments and
authorities awarding them.
The first list shale be sent within 12 months of notification of this
Directive.
Each Member State shall likewise communicate any amendments made
as regards the diplomas, certificates and other evidence of formalqualifications which are awarded within its territory, in particular those
which no longer meet the requirements of Articles 3 and 4.
2. For information purposes, the lists and the updating thereof shall
be published by the Commission in the Official Journal of the European
Communities after expiry of a three-month period following their
communication. However, in the cases referred to in Article 8, thepublication of a diploma, certificate or other evidence of formalqualifications shall be deferred. Consolidated lists shall be publishedperiodically by the Commission.
Article 8
If a Member State or the Commission has doubts as to whether a
diploma, certificate or other evidence of formal qualifications meets the
criteria laid down in Articles 3 and 4, the Commission shall bring the
matter before the Advisory Committee on Education and Training in theField of Architecture within three months of communication pursuant toArticle 7 (1). The Committee shall deliver its opinion within threemonths.
The diploma, certificate or other evidence of formal qualifications shall
be published within the three months following delivery of the opinionor expiry of the deadline for delivery thereof except in the following twocases:
— where the awarding Member State amends the communication made
pursuant to Article 7 (1)
or
— where a Member State or the Commission implements Articles 169
or 170 of the Treaty with a view to bringing the matter before theCourt of Justice of the European Communities.
Article 9
1. The Advisory Committee may be consulted by a Member State or
the Commission whenever a Member State or the Commission has
doubts as to whether a diploma, certificate or other evidence of formal
qualifications included on one of the lists published in the Officialjournal of the European Communities still meets the requirements ofArticles 3 and 4. The Committee shale deliver its opinion within threemonths.
2. The Commission shall withdraw a diploma from one of the lists
published in the Official Journal of the European Communities either in
agreement with the Member State concerned or following a ruling by theCourt of Justice.1985L0384 — EN — 31.07.2001 — 003.001 — 7
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CHAPTER III
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMAL QUALIFICATIONS ENABLING THE HOLDER TO
TAKE UP ACTIVITIESIN THE FIELD OF ARCHITECTUREBY
VIRTUE OF ESTABLISHED RIGHTS OR EXISTING
NATIONAL PROVISIONS
Article 10
Each Member State shall recognize the diplomas, certificates and other
evidence of formal qualifications set out in Article 11, awarded by otherMember States to nationals of the Member States, where such nationals
already possess these qualifications at the time of notification of this
Directive or their studies leading to such diplomas, certificates and otherevidence of formal qualifications commences during the third academicyear at the latest following much notification, even if those qualifica-tions do not fulfil the minimum requirements laid down in Chapter II, by
giving them as regards the taking up and pursuit of the activities referred
to in Article 1 and subject to compliance with Article 23, the same effectwithin its territory as the diplomas, certificates and other evidence offormal qualifications which it awards in architecture.
Article 11
The diplomas, certificates and other evidence of formal qualifications
referred to in Article 10 shall be as follows:
(a)in Germany
— the diplomas awarded by higher institutes of fine arts (Dipl.-
Ing., Architekt (HfbK))
— the diplomas awarded by the departments of architecture
(Architektur/Hochbau) of ‘Technische Hochschulen’, of tech-nical universities, of universities and, in so far as these
institutions have been merged into ‘Gesamthochschulen’, of
‘Gesamthochschulen’ (Dipl.-Ing. and any other title which maybe laid down later for holders of these diplomas);
— the diplomas awarded by the departments of architecture
(Architektur/Hochbau) of ‘Fachhochschulen’ and, in so far asthese institutions have been merged into ‘Gesarnthochschulen’,by the departments of architecture (Architektur/Hochbau) of
‘Gesamthochschulen’, accompanied, where the period of study
is less than four years but at least three years, by a certificateattesting to a four-year period of professional experience in theFederal Republic of Germany issued by the professional body inaccordance with the second subparagraph of Article 4 (1)(Ingenieur grad. and any other title which may be laid down
later for holders of these diplomas);
— the diplomas (Prüfungszeugnisse) awarded before 1 January
1973 by the departments of architecture of ‘Ingenieurschulen’and of ‘Werkkunstschulen’, accompanied by a certificate fromthe competent authorities to the effect that the person concernedhas passed a test of his formal qualifications in accordance withArticle 13;
(b) in Belgium
— the diplomas awarded by the higher national schools of
architecture or the higher national institutes of architecture
(architecte — architect);
— the diplomas awarded by the higher provincial school of
architecture of Hasselt (architect);
— the diplomas awarded by the Royal Academies of Fine Arts
(architecte — architect);
— the diplomas awarded by the ‘écoles Saint-Luc’ (architecte —
architect);
— university diplomas in civil engineering, accompanied by a
traineeship certificate awarded by the association of architectsentitling the holder to hold the professional title of architect(architecte — architect);1985L0384 — EN — 31.07.2001 — 003.001 — 8
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— the diplomas in architecture awarded by the central or State
examining board for architecture (architecte — architect);
— the civil engineering/architecture diplomas and architecture/
engineering diplomas awarded by the faculties of applied
sciences of the universities and by the Polytechnical Faculty ofMons (ingénieur-architecte, ingenieur-architect);
(c)in Denmark
— the diplomas awarded by the National Schools of Architecture
in Copenhagen and Århus (arkitekt);
— the certificate of registration issued by the Board of Architects
pursuant to Law No 202 of 28 May 1975 (registreret arkitekt);
— diplomas awarded by the Higher Schools of Civil Engineering
(bygningskonstrukør), accompanied by a certificate from thecompetent authorities to the effect that the person concerned has
passed a test of his formal qualifications in accordance with
Article 13;
(d)in France
— the Government architect's diploma awarded by the Ministry of
Education until 1959, and subsequently by the Ministry ofCultural Affairs (architecte DPLG);
— the diplomas awarded by the ‘Ecole spéciale d'architecture’
(architecte DESA);
— the diplomas awarded since 1955 by the department of
architecture of the ‘Ecole nationale supérieure des Arts etIndustries de Strasbourg’ (formerly the ‘Ecole nationaled'ingénieurs de Strasbourg’) (architecte ENSAIS);
(e)in Greece
— the engineering/architecture diplomas awarded by the METSO-
VION POLYTECHNION of Athens, together with a certificateissued by Greece's Technical Chamber conferring the right topursue activities in the field of architecture;
— the engineering/architecture diplomas awarded by the ARIS-
TOTELION PANEPISTIMION of Thessaloniki, together with acertificate issued by Greece's Technical Chamber conferring theright to pursue activities in the field of architecture;
— the engineering/civil engineering diplomas awarded by the
METSOVION POLYTECHNION of Athens, together with a
certificate issued by Greece's Technical Chamber conferring the
right to pursue activities in the field of architecture;
— the engineering/civil engineering diplomas awarded by the
ARISTOTELION PANEPISTIMION of Thessaloniki, togetherwith a certificate issued by Greece's Technical Chamberconferring the right to pursue activities in the field of
architecture;
— the engineering/civil engineering diplomas awarded by the
PANEPISTIMION THRAKIS, together with a certificate issuedby Greece's Technical Chamber conferring the right to pursueactivities in the field of architecture;
— the engineering/civil engineering diplomas awarded by the
PANEPISTIMION PATRON, together with a certificate issued
by Greece's Technical Chamber conferring the right to pursue
activities in the field of architecture;
(f)in Ireland
— the degree of Bachelor of Architecture awarded by the National
University of Ireland (B Arch. (NUI)) to architecture graduates
of University College, Dublin;
— the diploma of degree standard in architecture awarded by the
College of Technology, Bolton Street, Dublin (Dipl. Arch.);
— the Certificate of Associateship of the Royal Institute of
Architects of Ireland (ARIAI);
— the Certificate of Membership of the Royal Institute of
Architects of Ireland (MRIAI);1985L0384 — EN — 31.07.2001 — 003.001 — 9
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(g)in Italy
— ‘laurea in architettura’ diplomas awarded by universities,
polytechnic institutes and the higher institutes of architectureof Venice and Reggio Calabria, accompanied by the diplomaentitling the holder to pursue independently the profession ofarchitect, awarded by the Minister for Education after the
candidate has passed, before a competent board, the State
examination entitling him to pursue independently the profes-sion of architect (dott. Architetto);
— ‘laurea in ingegneria’ diplomas in building construction
(‘sezione costruzione civile’) awarded by universities andpolytechnic institutes, accompanied by the diploma entitlingthe holder to pursue independently a profession in the field of
architecture, awarded by the Minister for Education after the
candidate has passed, before a competent board, the Stateexamination entitling him to pursue the profession indepen-dently (dott. Ing. Architetto or dott. Ing. in ingegneria civile);
(h)in the Netherlands
— the certificate stating that its holder has passed the degree
examination in architecture awarded by the departments of
architecture of the technical colleges of Delft or Eindhoven
(bouwkundig ingenieur);
— the diplomas awarded by State-recognized architectural acade-
mies (architect);
— the diploma awarded until 1971 by the former architectural
colleges (Hoger Bouwkunstonderricht) (architect HBO);
— the diploma awarded until 1970 by the former architectural
colleges (Voortgezet Bouwkunstonderricht) (architect VBO);
— the certificate stating that the person concerned has passed an
examination organized by the Architects Council of the ‘Bondvan Nederlandse Architecten’ (Order of Dutch Architects, BNA)
(architect);
— the diploma of the ‘Stichting Instituut voor Architectuur’
(‘Institute of Architecture’ Foundation) (IVA) awarded oncompletion of a course organized by this foundation andextending over a minimum period of four years (architect),accompanied by a certificate from the competent authorities tothe effect that the person concerned has passed test of his formal
qualifications in accordance with Article 13;
— a certificate issued by the competent authorities to the effect
that, before the date of entry into force of this Directive, theperson concerned passed the degree examination of ‘Kandidaatin de bouwkunde’ organized by the technical colleges of Delftor Eindhoven and that, over a period of at least five yearsimmediately prior to that date, he pursued architectural activities
the nature and importance of which, in accordance with
Netherlands requirements, guarantee that he is competent topursue those activities (architect);
— a certificate issued by the competent authorities only to persons
who have reached the age of 40 years before the date of entryinto force of this Directive, certifying that, over a period of atleast five yearn immediately prior to that date, the person
concerned had pursued architectural activities the nature and
importance of which, in accordance with Netherlands require-ments, guarantee that he is competent to pursue those activities(architect);
the certificates referred to in the seventh and eighth indents need no
longer be recognized as from the date of entry into force of laws
and regulations in the Netherlands governing the taking up andpursuit of architectural activities under the professional title ofarchitect, in so far as under such provisions those certificates do notauthorize the taking up of such activities under that professionaltitle;1985L0384 — EN — 31.07.2001 — 003.001 — 10
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(i)in the United Kingdom
— the qualifications awarded following the passing of examina-
tions of:
— the Royal Institute of British Architects;
— schools of architecture at:
— universities,
— polytechnics,— colleges,— academies,— schools of technology and art,
which were, or are at the time of the adoption of this Directive,
recognized by the Architects Registration Council of the UnitedKingdom for the purpose of admission to the Register(Architect);
— a certificate stating that its holder has an established right to
hold the professional title of architect by virtue of section 6 (1)
a, 6 (l) b or 6 (l) d of the Architects Registration Act 1931(Architect);
— a certificate stating that its holder has an established right to
hold the professional title of architect by virue (SIC! virtue) ofsection 2 of the Architects Registration Act 1938 (Architect).
(j)in Spain
— the official formal qualification of an architect (título oficial de
arquitecto) awarded by the Ministry of Education and Science orby the universities,
(k)in Portugal
— the Diploma ‘diploma do curso especial de arquitectura’
awarded by the Schools of Fine Arts of Lisbon and of Porto,
— the Architects Diploma ‘diploma de arquitecto’ awarded by the
Schools of Fine Arts of Lisbon and of Porto,
— the Diploma ‘diploma do curso de arquitectura’ awarded by the
Higher Schools of Fine Arts of Lisbon and Porto,
— the Diploma ‘diploma de licenciatura em arquitectura’ awarded
by the Higher School of Fine Arts of Lisbon,
— the Diploma ‘carta de curso de licenciatura em arquitectura’
awarded by the Technical University of Lisbon and the
University of Porto.
— the university diploma in civil engineering awarded by the
Higher Technical Institute of the Technical University of Lisbon(Licenciatura em engenharia civil),
— the university diploma in civil engineering awarded by
►
C2the Faculty of Engineering (Engenharia) of the University
of Oporto ◄(Licenciatura em engenharia civil),
— the university diploma in civil engineering awarded by the
Faculty of Science and Technology of the University of
Coimbra (Licenciatura em engenharia civil),
— the university diploma in civil engineering (production)
awarded by the University of Minho (Licenciatura emengenharia civil (produção));
(l)in Austria:
— the diplomas awarded by the Universities of Technology of
Vienna and Graz and by theUniversity of Innsbruck, Faculty for
Building-Engineering (‘Bauingenieurwesen’) and Architecture(‘Architektur’), in the fields of study of architecture, building-engineering (‘Bauingenieurwesen’), building (‘Hochbau’) and‘Wirtschaftsingenieurwesen — Bauwesen’,1985L0384 — EN — 31.07.2001 — 003.001 — 11
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— the diplomas awarded by the University for ‘Bodenkultur’ in the
fields of study of ‘Kulturtechnikund Wasserwirtschaft’,
— the diplomas awarded by the University College of Applied Arts
in Vienna in architectural studies,
— the diplomas awarded by the Academy of Fine Arts in Vienna in
architectural studies,
— the diplomas of certified engineers (Ing.) awarded by higher
technical colleges ortechnical colleges for building, plus thelicence of ‘Baumeister’ attesting a minimum of six years ofprofessional experience in Austria, sanctioned by an examina-tion,
— the diplomas awarded by the University College for artistic and
industrial training in Linz, in architectural studies,
— the certificates of qualification for Civil Engineers or Engi-
neering Consultants in thefield of construction (‘Hochbau’,‘Bauwesen’, ‘Wirtschaftsingenieurwesen - Bauwesen’, ‘Kultur-technik und Wasserwirtschaft’) according to the CivilTechnician Act (Ziviltechnikergesetz, BGBl. Nr. 156/1994);
(m)in Finland:
— the diplomas awarded by the architecture departments of
Universities of Technology and the University of Oulu(arkkitehti — arkitekt),
— the diplomas awarded by the Institutes of Technology
(rakennusarkkitehti — byggnadsarkitekt);
►
C1(n)◄in Sweden:
— the diplomas awarded by the School of Architecture at the
Royal Institute of Technology, the Chalmers Institute of
Technology and the Institute of Technology at Lund University(arkitekt, university diploma in architecture),
— the certificates of membership of the ‘Svenska Arkitekters
Riksförbund’ (SAR) if the personsconcerned have received theirtraining in a State to which this Directive applies.
Article 12
Without prejudice to Article 10, each Member State shall recognize, by
giving them as regards the taking up and pursuit under the professionaltitle of architect of the activities referred to in Article 1, the same effect
within its territory as the diplomas, certificates and other evidence of
formal architectural qualifications which it issues:
— certificates issued to nationals of Member States by Member States
in which there are regulations at the time of notification of thisDirective governing the taking up and pursuit of the activities
referred to in Article 1 under the professional title of architect,
stating that the holder has received authorization to bear theprofessional title of architect before the implementation of thisDirective and has effectively exercised the activities in questionunder such regulations for at least three consecutive years during thefive years preceding the issue of the certificate;
— certificates issued to nationals of Member States by Member States
which between the time of notification and implementation of theDirective introduce regulations governing the taking up and pursuit
of the activities referred to in Article 1 under the professional title of
architect, stating that the holder has received authorization to bearthe professional title of architect at the time when this Directive isimplemented and has effectively exercised the activities in questionunder such regulations for at least three consecutive years during thefive years preceding the issue of the certificate.1985L0384 — EN — 31.07.2001 — 003.001 — 12
▼C1
▼A1
▼B
▼B
Article 13
The test of formal qualifications referred to in Article 11 (a), fourth
indent, Article 11 (c), third indent, and Article 11 (h), sixth indent, shall
comprise an appraisal of plans drawn up and carried out by the personconcerned while actually pursuing the activities referred to in Article 1for not less than six years.
Article 14
Certificates issued by the competent authorities of the Federal Republic
of Germany attesting the equivalence of qualifications awarded from 8
May 1945 onwards by the competent authorities of the GermanDemocratic Republic with the formal qualifications listed in Article11 shall be recognized under the conditions listed in that Article.
CHAPTER IV
USE OF ACADEMIC TITLE
Article 16
1. Without prejudice to Article 23, host Member States shall ensure
that the nationals of Member States who fulfil the conditions laid down
in Chapter II or Chapter III have the right to use their lawful academictitle and, where appropriate, the abbreviation thereof deriving from theirMember State of origin or the Member State from which they come, inthe language of that State. Host Member States may require this title to
be followed by the name and location of the establishment or examining
board which awarded it.
2. If the academic title used in the Member State of origin, or in the
Member State from which a foreign national comes, can be confused inthe host Member State with a title requiring, in that State, additionaleducation or training which the person concerned has not undergone, the
host Member State may require such a person to use the title employed
in the Member State of origin or the Member State from which he comesin a suitable form to be specified by the host Member State.
CHAPTER V
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISEOF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO
PROVIDE SERVICES
A.Provisions specific to the right of establishment
Article 17
1. A host Member State which requires of its nationals proof of good
character or good repute when they take up for the first time the
activities referred to in Article 1 shall accept as sufficient evidence, inrespect of nationals of other Member States, a certificate issued by acompetent authoritiy (SIC! authority) in the Member State of origin or inthe Member State from which the foreign national comes, attesting that
the requirements of that Member State as to good character or good
repute for taking up the activity in question have been met.
2. Where the Member State of origin or the Member State from
which the foreign national comes does not require proof of goodcharacter or good repute of persons wishing to take up the activity in
question for the first time, the host Member State may require of
nationals of the Member State of origin or of the Member State fromwhich the foreign national comes an extract from the ‘judicial record’ or,failing this, an equivalent document issued by a competent authority inthe Member State of origin or the Member State from which the foreignnational comes.1985L0384 — EN — 31.07.2001 — 003.001 — 13
▼M4
▼B
▼B
3. Where the Member State of origin or the Member State from
which the foreign national comes does not issue the documentary proofreferred to in paragraph 2, such proof may be replaced by a declaration
on oath — or, in States where there is no provision for declaration on
oath, by a solemn declaration — made by the person concerned before acompetent judicial or administrative authority or, where appropriate, anotary or qualified professional body of the Member State of origin orthe Member State from which the person comes; such authority or
notary shall issue a certificate attesting the authenticity of the
declaration on oath or solemn declaration.
4. If the host Member State has detailed knowledge of a serious
matter which has occurred outside its territory prior to the establishmentof the person concerned in that State, or if it knows that the declarationreferred to in paragraph 3 contains incorrect information and if thematter or information is likely to affect the taking up within its territory
of the activity concerned, it may inform the Member State of origin or
the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign
national comes shall verify the accuracy of the facts in so far as theymight affect the taking up of the activity in question in that MemberState. The authorities in that State shall themselves decide on the natureand extent of the investigation to be made and shall inform the host
Member State of any consequential action which they take with regard
to the certificates or documents they have issued.
5. Member States shall ensure the confidentiality of the information
forwarded.
Article 18
1. Where, in a host Member State, laws, regulations or administrative
provisions impose requirements as to good character or good repute,including provisions in relation to the pursuit of the activities referred toin Article 1 for disciplinary action in respect of serious professionalmisconduct or conviction on criminal offences, the Member State of
origin or the Member State from which the foreign national comes shall
forward to the host Member State all necessary information regardingany measures or disciplinary action of a professional or administrativenature taken against the person concerned or any criminal penaltiesconcerning the practise of his profession in the Member State of originor in the Member State from which he came.
2. If the host Member State has detailed knowledge of a serious
matter which has occurred outside its territory prior to the establishment
of the person concerned in that State and which is likely to affect thepursuit of the activity concerned in that State, it may inform the MemberState of origin or the Member State from which the foreign nationalcomes.
The Member State of origin or the Member State from which the foreign
national comes shall verify the accuracy of the facts in so far as they
might affect the pursuit of the activity concerned in that State. The
authorities of that State shall themselves decide on the nature and extentof the investigation to be made and shall inform the host Member Stateof any consequential action which they take with regard to theinformation forwarded under paragraph 1.
3. Member States shall ensure the confidentiality of the information
forwarded.
Article 19
Documents issued in accordance with Articles 17 and 18 may not be
presented more than three months after their date of issue.
Article 20
1. The procedure for authorizing the person concerned to take up the
activities referred to in Article 1, pursuant to Article 17 and 18, must becompleted as soon as possible and not later than three months after1985L0384 — EN — 31.07.2001 — 003.001 — 14
▼B
presentation of all the documents relating to that person, without
prejudice to delays resulting from any appeal that may be made upontermination of this procedure.
2. In the cases referred to in Article 17 (4) and Article 18 (2), a
request for re-examination shall suspend the period laid down inparagraph 1.
The Member State consulted shall give its reply within a period of three
months.
On receipt of the reply or at the end of the period the host Member State
shall continue with the procedure referred to in paragraph 1.
Article 21
Where a host Member State requires its own nationals wishing to take
up or pursue the activities referred to in Article 1 to take an oath or makea solemn declaration and where the form of such oath or declarationcannot be used by nationals of other Member States, that Member State
shall ensure that an appropriate and equivalent form of oath or
declaration is offered to the person concerned.
B.Provisions specific to the provision of services
Article 22
1. Where a Member State requires of its own nationals wishing to
take up or pursue the activities referred to in Article 1 either an
authorization from or membership of or registration with a professionalorganization or body, that Member State shall, in the case of provisionof services, exempt nationals of other Member States from thatrequirement.
The person concerned shall provide services with the same rights and
obligations as nationals of the host Member State; in particular he shallbe subject to the rules of conduct of a professional or administrativenature which apply in that Member State.
For this purpose and in addition to the declaration referred to in
paragraph 2 relating to the provision of services, Member States may, soas to permit the implementation of the provisions relating to professionalconduct in force in their territory, require automatic temporaryregistration or pro forma registration with a professional organization
or body or in a register, provided that this registration does not delay or
in any way complicate the provision of services or impose anyadditional costs on the person providing the services.
Where a host Member State adopts a measure pursuant to the second
subparagraph or becomes aware of facts which run counter to these
provisions, it shall forthwith inform the Member State in which the
person concerned is established.
2. The host Member State may require the person concerned to make
a prior declaration to the competent authorities about the services to beprovided where they involve the execution of a project in its territory.
3. Pursuant to paragraphs 1 and 2, the host Member State may require
the person concerned to supply one or more documents containing thefollowing particulars
— the declaration referred to in paragraph 2,
— a certificate stating that the person concerned is lawfully pursuing
the activities in question in the Member State where he isestablished,
— a certificate that the person concerned holds the diploma(s),
certificate(s) or other evidence of formal qualifications required forthe provision of the services in question and that those qualificationscomply with the criteria in Chapter II or are as listed in Chapter III ofthis Directive;
— where appropriate, the certificate referred to in Article 23 (2).1985L0384 — EN — 31.07.2001 — 003.001 — 15
▼B
4. The document or documents specified in paragraph 3 may not be
produced more than 12 months after their date of issue.
5. Where a Member State temporarily or permanently deprives, in
whole or in part, one of its nationals or a national of another MemberState established in its territory of the right to pursue the activitiesreferred to in Article 1, it shall, as appropriate, ensure the temporary orpermanent withdrawal of the certificate referred to in the second indent
of paragraph 3.
C.Provisions common to the right of establishment and freedom to
provide services
Article 23
1. Where in a host Member State the use of the professional title of
architect relating to the activities referred to in Article 1 is regulated,nationals of other Member States who fulfil the conditions laid down inChapter II or whose diplomas certificates or other evidence of formalqualifications referred to in Article 11 have been recognized under
Article 10 shall be vested with the professional title of the host Member
State and the abbreviated form thereof once they have fulfilled anyconditions as to practical training experience laid down by that State.
2. If in a Member State the taking up of the activities referred to in
Article 1 or the pursuit of such activities under the title of architect is
subject, in addition to the requirements set out in Chapter II or to thepossession of a diploma, certificate or other evidence of formalqualifications as referred to in Article 11, to the completion of a givenperiod of practical experience, the Member State concerned shall acceptas sufficient evidence a certificate from the Member State of origin or
previous residence stating that appropriate practical experience for a
corresponding period has been acquired in that country. The certificatereferred to in the second subparagraph of Article 4 (1) shall berecognized as sufficient proof within the meaning of this paragraph.
Article 24
1. Where the host Member State requires its nationals wishing to take
up or pursue the activities referred to in Article 1 to furnish proof of noprevious bankruptcy and where the information provided►
M4pursuant to Articles 17 and 18 in the case of establishment and
pursuant to Article 22 in the case of provision of services ◄does not
contain proof thereof, that state shall accept a declaration on oath — or,in States where there is no provision for declaration on oath, a solemndeclaration — made by the person concerned before a competentjudicial or administrative authority, a notary or qualified professionalbody of the Member State of origin or of the Member State from which
the person comes; such authority or notary shall issue a certificate
attesting the authenticity of the declaration on oath or solemndeclaration.
Where, in the host Member State, sound financial standing must be
proved, that Member State shall accept attestations issued by banks of
other Member States as being equivalent to attestations issued in its ownterritory.
2. The documents referred to in paragraph 1 may not be produced
later than three months after their date of issue.
Article 25
l. Where a host Member State requires its nationals wishing to take
up or pursue the activities referred to in Article l to furnish proof that
they are covered by insurance against the financial consequences of their
professional liability, that State shall accept certificates issued by theinsurance undertakings of other Member States as being equivalent tocertificates issued in its own territory. Such certificates must specify thatthe insurer has complied with the laws and regulations in force in thehost Member State as regards the conditions and extent of cover.1985L0384 — EN — 31.07.2001 — 003.001 — 16
▼B
2.
The certificates referred to in paragraph 1 may not be produced latter
than three months after their date of issue.
Article 26
l. Member States shall take the measures necessary to enable the
persons concerned to obtain information on the laws and, where
applicable, on the professional ethics of the host Member State.
For this purpose, Member States may set up information centres from
which such persons may obtain the necessary information. In the event
of establishment, the host Member States may require them to contactthese centres.
2. Member States may set up the centres referred to in paragraph 1
under the auspices of the competent authorities and bodies which theydesignate before expiry of the time limit laid down in the firstsubparagraph of 31 (1).
3. Member States shall ensure that, where appropriate, the persons
concerned acquire, in their own interest and in that of their clients, thelinguistic knowledge needed to follow their profession in the hostMember State.
CHAPTER VI
FINAL PROVISIONS
Article 27
Where legitimate doubt exists, the host Member State may require the
competent authorities of another Member State to confirm the
authenticity of the diplomas, certificates and other evidence of formal
qualifications awarded in that other Member State and referred to inChapters II and III.
Article 28
Within the time limit laid down in the first subparagraph of Article 31
(1), Member States shall designate the authorities and bodies
empowered to issue or receive diplomas, certificates and other evidence
of formal qualifications as well as the documents and informationreferred to in this Directive, and shall forthwith inform the otherMember States and the Commission thereof.
Article 29
This Directive shall also apply to nationals of Member States who, in
accordance with Regulation (EEC) No 1612/68, are pursuing or will
pursue as employed persons the activities referred to in Article 1.
Article 30
Not more than three years after the end of the period provided for in the
first subparagraph of Article 31 (1), the Commission shall review thisDirective on the basis of experience and if necessary submit to the
Council proposals for amendments after consulting the Advisory
Committee. The Council shall examine any such proposals within oneyear.
Article 31
1. Member States shall take the measures necessary to comply with
this Directive within 24 months of its notification and shall forthwith
inform the Commission thereof.
Member States shall, however, have three years from the date of
notification within which to comply with Article 22.1985L0384 — EN — 31.07.2001 — 003.001 — 17
▼B
2. Member States shall communicate to the Commission the texts of
the main provisions of national law which they adopt in the fieldcovered by this Directive.
Article 32
This Directive is addressed to the Member States.1985L0384 — EN — 31.07.2001 — 003.001 — 18