1992L0051 — EN — 01.08.1997 — 004.001 — 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 supplement
Directive 89/48/EEC
(OJ L 209, 24.7.1992, p. 25)
Amended by:
OfficialJournal
No page date
►M1 Commission Directive 94/38/EC of 26 July 1994 L 217 8 23.8.1994
►M2 Commission Directive 95/43/EC of 20 July 1995 L 184 21 3.8.1995
►M3 Commission Directive 97/38/EC of 20 June 1997 L 184 31 12.7.1997
Amended by:
►A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by CouncilDecision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1 Corrigendum, OJ L 17, 25.1.1995, p. 20 (92/51/EEC)
►C2 Corrigendum, OJ L 30, 9.2.1995, p. 40 (92/51/EEC)
▼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 proposalfrom the Commission (
1), In cooperation
with the European Parliament (2),
Having regard to the opinion of the Economic and SocialCommittee (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
particular the possibility of pursuing a profession, whether in a
self-employed or employed capacity, in a Member State otherthan that in which they acquired their professionalqual ifications;
(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 a
level with a view to guaranteeing the quality of services provided
in their territory; whereas, however, they may not, withoutdisregarding their obligations laid down in Articles 5, 48, 52 and59 of the Treaty, require a nationalof a Member State to obtainthose qualifications which in general they determine only byreference to those issued under their own nationaleducation and
training systems, where the person concerned has already
acquired all or part of those qualifications in another MemberState; whereas, as a result, any host Member State in which aprofession is regulated is required to take account of qualifica-tions acquired in another Member State and to determine whether
those qualifications correspond to the qualifications which the
Member State concerned requires;
(3) Whereas CouncilDirective 89/48/EEC of 21 December 1988 on ageneralsystem for the recognition of higher education dipl omasawarded 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 professional
activities 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 initialgeneralsystem;
(6) Whereas this Directive is not applicable to those regulated
professions which are covered by specific Directives principallyconcerned with introducing mutualrecognition of training coursescompleted before entry into professional life;
(7) Whereas neither is it applicable, furthermore, to those activities
covered by specific Directives principally intended to introduce
recognition of technical skills based on experience acquired inanother Member State; whereas certain of those Directives apply1992L0051 — EN — 01.08.1997 — 004.001 — 2
(1) OJ No C 263, 16.10.1989, p. 1 andOJ No C 217, 1.9.1990, p. 4.
(2) OJ No C 149, 18.6.1990, p. 149, and OJ No C 150, 15.6.1992.
(3) OJ No C 75, 26.3.1990, p. 11.
(4) OJ No L 19, 24.1.1989, p. 16.
▼B
solely to the pursuit of activities in a self-employed capacity;
whereas, in order to ensure that the pursuit of such activities as anemployed person does not fall within the scope of this Directive,
whereby the pursuit of the same activity would be subject to
different legal recognition arrangements depending on whether itwas pursued in a self-employed capacity or as an employedperson, those Directives should be made applicable to personspursuing the activities in question as employed persons;
(8) Whereas the complementary general system is entirely without
prejudice to the application of Article 48 (4) and Article 55 of the
Treaty;
(9) Whereas this complementary system must cover the levels ofeducation and training not covered by the initialgeneralsystem,namely that corresponding to other post-secondary education andtraining courses and other equivalent education and training, and
that corresponding to long or short secondary courses, possibly
complemented by professional training or experience;
(10) Whereas, where in most Member States pursuit of a givenregulated profession is subject to either very short training or thepossession of certain personalattributes or merel y generalknowledge, the normal mechanisms for recognition under this
Directive may be excessively cumbersome; whereas in such cases
there should 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‘NationalFramework of VocationalQual ifications’;
(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 guarantees
equivalent to those provided in connection with a regulated
profession;
(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, thecomplementary general system must lay down whether and underwhat conditions a person possessing a certain level of educationand training may pursue, in another Member State, a professionthe qualifications 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 of
minimum 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 education
and training is very varied and this classification can be achieved
only by listing the courses in question; whereas such classificationwould, where appropriate, establish the recognition of equiva-lence between such education and training and that covered byDirective 89/48/EEC; whereas some regulated education andtraining should also be classed at diploma level in a second list;1992L0051 — EN — 01.08.1997 — 004.001 — 3
▼B
(16) Whereas, in view of the constantly changing organization of
professionaltraining, there shoul d be a procedure for amending
those lists;
(17) Whereas, since it covers occupations the pursuit of which isdependent on the possession of professionalor vocational
education and training qualifications of secondary level and
generally requires manual skills, the complementary generalsystem must also provide for the recognition of such qualifica-tions even where they have been acquired solely throughprofessionalexperience in a Member State which does not
regulate such professions;
(18) Whereas the aim of this generalsystem, l ike the first general
system, is to eliminate obstacles to the taking up and pursuit ofregulated professions; whereas work carried out pursuant to
CouncilDecision 85/368/EEC of 16 Jul y 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 application
of this Directive, particularly where it could provide information
on the subject, content and duration of professionaltraining;
(19) Whereas professionalbodies and professionaleducationaland
training establishments should, where appropriate, be consulted or
be involved in an appropriate way in the decision-making process;
(20) Whereas, like the initial system, such a system, by strengtheningthe right of a Community national to use his occupational skills in
any Member State, supplements and reinforces his right to acquire
such skills wherever he wishes;
(21) Whereas the two systems should be evaluated, after a certain
period of application, in order to determine how efficiently they
operate and, in particular, how they can both be improved,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
Definitions
Article 1
For the purposes of this Directive, the following definitions shall apply:
(a)diploma: any evidence of education and training or any set of such
evidence:
— which has been awarded by a competent authority in a Member
State, designated in accordance with the laws, regulations oradministrative provisions of that State,
— which shows that the holder has successfully completed:
(i) either a post-secondary course other than that referred to in
the second indent of Article 1 (a) of Directive 89/48/EEC, of
at least one year's duration or of equivalent duration on a
part-time basis, one of the conditions of entry of which is, asa general rule, the successful completion of the secondarycourse required to obtain entry to university or highereducation, as well as the professional training which may berequired in addition to that post-secondary course;
(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,1992L0051 — EN — 01.08.1997 — 004.001 — 4
(1) OJ No L 199, 31.7.1985, p. 56.
▼B
provided that the education and training attested by this evidence
was received mainly in the Community, or outside the Communityat teaching establishments which provide education and training in
accordance with the laws, regulations or administrative provisions of
a Member State, or that the holder thereof has three years'professionalexperience certified by the Member State whichrecognized third-country evidence of education and training.
The following shall be treated in the same way as a diploma within
the meaning of the first subparagraph: any evidence of educationand training or any set of such evidence awarded by a competentauthority in a Member State if it is awarded on the successfulcompletion of education and training received in the Community
and recognized by a competent authority in that member State as
being of an equivalent level and if it confers the same rights inrespect of the taking up and pursuit of a regulated profession in thatMember State;
(b)certificate: any evidence of education and training or any set of such
evidence:
— which has been awarded by a competent authority in a Member
State, designated in accordance with the laws, regulations 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 educationalor training
establishment or on the job, or in combination at an educational
or training establishment and on the job, and complemented,where appropriate, by the probationary or professionalpracticerequired in addition to this course,
or the probationary or professionalpractice required in addition
to this secondary course, or
— which shows that the holder, after having followed a secondary
course of a technicalor vocationalnature has compl eted, wherenecessary,
either a course of education or training as referred to in the
previous indent,
or the probationary or professionalpractice required in addition
to this secondary course of a technicalor vocationalnature and
— which shows that the holder has the professional qualifications
required for the taking up or pursuit of a regulated profession in
that Member State,
provided that the education and training attested by this evidence
was received mainly in the Community, or outside the Communityat teaching establishments which provide education and training inaccordance with the laws, regulations or administrative provisions ofa Member State, or that the holder thereof has two years'
professionalexperience certified by the Member State which
recognized third-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
education and training or any set of such evidence awarded by acompetent authority in a Member State if it is awarded on thesuccessfulcompl etion 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 rights
in respect of the taking up and pursuit of a regulated profession in
that Member State;
(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, or1992L0051 — EN — 01.08.1997 — 004.001 — 5
▼B
— awarded following an assessment of the personal qualities,
aptitudes or knowledge which it is considered essential that theapplicant have for the pursuit of a profession by an authority
designated in accordance with the laws, regulations or admin-
istrative provisions of a Member State, without proof of prioreducation and training being required;
(d)host Member State: any Member State in which a nationalof 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 professionalactivity 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 ofeducation and training or an attestation of competence. The
following in particular shall constitute a mode of pursuit of a
regulated professional activity:
— pursuit of an activity under a professionaltitl e, in so far as the
use of such a title is reserved to the holders of evidence of
education and training or an attestation of competence governed
by 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 nationalsocialsecurity arrangements to thepossession of evidence of education and training or an attestationof 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 the
purpose of which is, in particular, to promote and maintain a high
standard in the professionalfiel d concerned and which, to achievethat purpose, is recognized in a specialform 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 professionaltitl e or
designatory letters, or to benefit from a status corresponding tothat education and training.
Whenever a Member State grants the recognition referred to in the
second subparagraph to an association or organization which
satisfies the conditions of that subparagraph, it shall inform theCommission thereof;
(g)regulated education and training: any education and training which:
— is specifically geared to the pursuit of a given profession, and
— comprises a course or courses complemented, where appropriate,
by professionaltraining or probationary or professionalpractice,the structure and level of which are determined by the laws,
regulations or administrative provisions of that Member State or
which are monitored or approved by the authority designated forthat purpose;
(h)professional experience: the actualand l awfulpursuit of the
profession 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 that
profession, such period of supervised practice possibly being
accompanied by further education and training. This period ofsupervised practice shall be the subject of an assessment. Thedetailed rules governing the adaptation period and its assessmentshall be laid down by the competent authorities in the host MemberState.1992L0051 — EN — 01.08.1997 — 004.001 — 6
▼B
The status enjoyed in the host Member State by the person
undergoing the period of supervised practice, in particular in thematter of right of residence as well as of obligations, social rights
and benefits, allowances and remuneration, shall be established by
the competent 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
authorities 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 the
evidence of education and training possessed by the applicant. These
subjects may cover both theoretical knowledge and practical skillsrequired 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 the MemberState from which he comes. It shall cover subjects to be selectedfrom those on the list referred to in the second subparagraph,knowledge of which is essential to the pursuit of the profession in
the host Member State. The test may also include knowledge of the
professional rules applicable to the activities in question in the hostMember State. The detailed application of the aptitude test shall bedetermined 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 determinedby 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-employed
capacity or as an employed person.
This Directive shall apply to neither professions which are the subject of
a specific Directive establishing arrangements for the mutual recognitionof diplomas by Member States, nor activities covered by a Directive
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 requirespossession 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 Directive 89/48/EEC, the competent authority may not, on the grounds of inadequatequalifications, refuse to authorize a national of a Member State to takeup or pursue that profession on the same conditions as those which apply
to its own nationals:
(a) if the applicant holds the diploma, as defined in this Directive or in
Directive 89/48/EEC, required in another Member State for thetaking up or pursuit of the profession in question in its territory, suchdiploma having been awarded in a Member State; or1992L0051 — EN — 01.08.1997 — 004.001 — 7
▼B
(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 not
regulate that profession within the meaning of either Article 1 (e)
and the first subparagraph of Article 1 (f) of this Directive or Article1 (c) and the first subparagraph of Article 1 (d) of Directive 89/48/EEC, and possesses evidence of education and training which:
— has been awarded by a competent authority in a Member State,
designated in accordance with the laws, regulations or admin-istrative provisions of that State, and
— either shows that the holder has successfully completed 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'sduration, or of equivalent duration on a part-time basis, one ofthe conditions of entry of which is, as a generalrul e, thesuccessfulcompl etion of the secondary course required to obtain
entry to university or higher education, as well as any
professionaltraining which is an integralpart of that post-secondary course,
— or attests to regulated education and training referred to in Annex
D, and
— has prepared the holder for the pursuit of his profession.
However, the two years' professionalexperience referred to above
may not be required where the evidence of education and trainingheld by the applicant and referred to in this point is awarded on
completion 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 this
point: 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 the
Commission have been notified of this recognition.
By way of derogation from the first subparagraph of this Article, the
host Member State is not required to apply this Article where the
taking up or pursuit of a regulated profession is subject in its countryto possession of a diploma as defined in Directive 89/48/EEC, oneof the 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 professionalexperience, 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 of Article
3, is at least one year less than that required in the host MemberState. In this event, the period of professionalexperience requiredmay not exceed:
— twice the shortfall in duration of education and training where
the shortfall relates to a post-secondary course and/or to a periodof probationary practice carried out under the controlof asupervising professionalperson and ending with an examination,
— the shortfall where the shortfall relates to professional practice
acquired with the assistance of a qualified member of theprofession concerned.
In the case of diplomas within the meaning of the second
subparagraph of Article 1 (a), the duration of education and trainingrecognized as being of an equivalent level shall be determined as forthe education and training defined in the first subparagraph ofArticle 1 (a).1992L0051 — EN — 01.08.1997 — 004.001 — 8
▼B
When these provisions are applied, account must be taken of the
professionalexperience referred to in point (b) of the firstsubparagraph of Article 3.
In any event, the professionalexperience required may not exceed
four years.
Professionalexperience may not, however, be required of an
applicant holding a diploma attesting to a post-secondary course asreferred to in the second indent of Article 1 (a) or a diploma as
defined in Article 1 (a) of Directive 89/48/EEC who wishes to
pursue 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 theoreticaland/or practicalmatters covered by the education
and training which he has received as laid down in points (a) or(b) of the first subparagraph of Article 3 differ substantially fromthose covered by the diploma, as defined in this Directive or inDirective 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 State
comprises one or more regulated professional activities which do
not form part of the profession regulated in the Member Statefrom which the applicant originates or comes and that differencecorresponds to specific education and training required in thehost Member State and covers theoreticaland/or practical
matters which differ substantially from those covered by the
diploma, as defined in this Directive or in Directive 89/48/EEC,adduced by the applicant, or
— in the case referred to in point (b) of the first subparagraph of
Article 3, the profession regulated in the host Member Statecomprises one or more regulated professional activities which do
not form part of the profession pursued by the applicant in the
Member State from which he originates or comes, and thatdifference corresponds to specific education and trainingrequired in the host Member State and covers theoreticaland/or practical matters which differ substantially from those coveredby the evidence of education and training adduced by the
applicant.
Should the host Member State make use of this possibility, it must
give the applicant the right to choose between an adaptation period
and an aptitude test. Where the host Member State, which requires a
diploma as defined in Directive 89/48/EEC or in this Directive,intends to introduce derogations from an applicant's right to choose,the procedure laid down in Article 14 shall apply.
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 nationall aw is anessentialand constant feature of the professionalactivity, or
— where the host Member State makes access to the profession or
its pursuit subject to the possession of a diploma as defined in
Directive 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 training
within the meaning of point (b) of the first subparagraph of
Article 3 and not covered by Article 3 (b) of Directive 89/48/EEC.
2. However, the host Member State may not apply the provisions of
paragraph 1 (a) and (b) cumulatively.1992L0051 — EN — 01.08.1997 — 004.001 — 9
▼B
CHAPTER IV
System for recognition where a host Member State requires
possession 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 nationalof 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 possesses evidence of
education and training:
— which was been awarded by a competent authority in a Member
State, designated in accordance with the laws, regulations oradministrative provisions of that State, and
— which shows that the holder, after having followed a secondary
course, has completed:
either a course of professionaleducation or training other than
courses referred to in point (a), provided at an educationalortraining establishment or on the job, or in combination at aneducationalor training establ ishment and on the job andcomplemented, where appropriate, by the probationary or
professionalpractice which is an integralpart of that training
course,
or the probationary or professionalpractice which is an integral
part of that secondary course, or
— which shows that the holder, after having followed a secondary
course of a technicalor vocationalnature has compl eted, wherenecessary,
either a course of professionaleducation or training as referred to
in the previous indent,
or the period of probationary or professionalpractice which is an
integralpart of that secondary course of a technicalor vocationalnature and
— which has prepared the holder for the pursuit of this profession.
However, the two years' professionalexperience referred to above
may not be required where the evidence of education and training
held by the applicant and referred to in this point is awarded on
completion of regulated education and training.
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 to
choose 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 — 01.08.1997 — 004.001 — 10
▼B
CHAPTER V
System for recognition where a host Member State requires
possession 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 competent
authority may not, on the grounds of inadequate qualifications, refuse toauthorize a nationalof 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 its
territory, such diploma having been awarded in a Member State; or
(b) if the applicant has pursued the profession in question full-time for
two years or for an equivalent period on a part-time basis during theprevious 10 years in another Member State which does not regulatethat profession, within the meaning of Article 1 (e) and the first
subparagraph of Article 1 (f), and possesses evidence of education
and training:
— which has been awarded by a competent authority in a Member
State, designated in accordance with the laws, regulations 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 of theconditions of entry of which is, as a general rule, the completion
of the secondary course required to obtain entry to university or
higher education, as well as any professional training which is anintegralpart 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 educational
establishment or on the job, or in combination at an educationalestablishment and on the job and complemented, whereappropriate, by the probationary or professionalpractice whichis an integralpart of that training course,
or the probationary or professionalpractice which is an integral
part of that secondary course, or
— which shows that the holder, after having followed a secondary
course of a technicalor vocationalnature has compl eted, where
necessary,
either a course of education or training for a profession as
referred to in the previous indent,
or the period of probationary or professionalpractice which is an
integralpart of that secondary course of a technicalor vocationalnature and
— which has prepared the holder for the pursuit of this profession.
However, the two years' professionalexperience 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 — 01.08.1997 — 004.001 — 11
▼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 evidence
awarded by a competent authority in a Member State if it is awarded on
the completion of education and training received in the Community andis 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 of
activity characterized in the host Member State by specific
education and training relating to theoretical or practical mattersdiffering substantially from those covered by the applicant'sevidence of formalqual ifications.
Should the host Member State make use of this possibility, it must
give the applicant the right to choose between an adaptation periodand an aptitude test. Where the host Member State which requires a
certificate intends to introduce derogations as regards an applicant's
right to choose, the procedure laid down in Article 14 shall apply;
(b) undergo an adaptation period not exceeding two years or take an
aptitude test where, in the instance referred to in point (c) of the firstsubparagraph of Article 6, he does not hold a diploma, certificate orother evidence of education and training. The host Member Statemay reserve the right to choose between an adaptation period and anaptitude 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 nationalof a Member State to take up or
pursue that profession on the same conditions as those which apply to itsown nationals:
(a) if the applicant holds the attestation of competence required in
another Member State for the taking up or pursuit of the same
profession in its territory, such attestation having been awarded in a
Member State; or
(b) if the applicant provides proof of qualifications obtained in other
Member States,
and giving guarantees, in particular in the matter of health, safety,
environmentalprotection and consumer protection, equival ent to those
required by the laws, regulations or administrative provisions of the host
Member State.
If the applicant does not provide proof of such an attestation or of such
qualifications the laws, regulations or administrative provisions of thehost Member State shall apply.
Article 9
Where, in the host Member State, the taking 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, the1992L0051 — EN — 01.08.1997 — 004.001 — 12
▼B
competent authority may not, on the grounds of inadequate qualifica-
tions, refuse to authorize a nationalof a Member State to take up orpursue that profession on the same conditions as those which apply to its
own nationals if the applicant possesses formal qualifications of the
corresponding level, awarded in another Member State.
This evidence of formalqual ifications must have been awarded by a
competent authority in that Member State, designated in accordance
with its own laws, regulations or administrative provisions.
CHAPTER VII
Other measures to facilitate the effective exercise of the right 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 are
of good character or repute or that they have not been declared bankrupt,
or suspends or prohibits the pursuit of that profession in the event ofserious professionalmisconduct or a criminaloffence, that State shal laccept 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 of
origin or the Member State from which the foreign nationalcomes
showing that those requirements are met.
Where the competent authorities of the Member State of origin or of the
Member State from which the foreign nationalcomes do not issue the
documents 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 judicialor administrativeauthority or, where appropriate, a notary or qualified professional body
of the Member State of origin or the Member State from which the
person comes; such authority or notary shall issue written confirmationattesting the authenticity of the declaration on oath or solemndeclaration.
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 theproduction of the document required in the Member State of origin or
the Member State from which the foreign nationalcomes.
Where the Member State of origin or the Member State from which the
foreign nationalcomes does not impose any requirements of this natureon those wishing to take up or pursue the profession in question, the host
Member State shall accept from such nationals a statement issued by a
competent authority in that State corresponding to the statement issuedin 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 regulated
profession 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.1992L0051 — EN — 01.08.1997 — 004.001 — 13
▼B
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 usethe professionaltitl e of the host Member State corresponding to that
profession.
2. The competent authority of the host Member State shall recognize
the right of nationals of Member States who fulfil the conditions for the
taking 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 of
the establishment or examining board which awarded it.
3. Where a profession is regulated in the host Member State by an
association or organization referred to in Article 1 (f), nationals of
Member States shall be entitled to use the professional title ordesignatory letters conferred by that organization or association onlyon proof of 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 the
meaning 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 3 to 9 are satisfied the documents issued
by the competent authorities in the Member States, which the personconcerned shall submit in support of his application to pursue theprofession 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 all the
documents relating to the person concerned. A remedy shall be available
against this decision or the absence thereof, before a court or tribunalinaccordance with the provisions of nationall aw.
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 theapplications and take the decisions referred to in this Directive. Theyshall communicate this information to the other Member States and to
the Commission.
2. Each Member State shall designate a person responsible for
coordinating the activities of the authorities referred to in paragraph 1
and shall inform the other Member States and the Commission to that
effect. His role shall be to promote uniform application of this Directiveto all the professions concerned. This coordinator shall be a member ofthe coordinating group set up under the aegis of the Commission byArticle 9 (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,1992L0051 — EN — 01.08.1997 — 004.001 — 14
▼B
— 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 between
the qualifications awarded in the Member States with a view to
assisting the competent authorities of the Member States in their taskof assessing whether substantialdifferences 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 other
conditions governing the taking up of the regulated professions within
the 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
coordination of the communication of the necessary information.
CHAPTER IX
Procedure for derogating from the right to choose between
adaptation 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 anadaptation period and an aptitude test, it shall immediately communicate
to the Commission the corresponding draft provision. It shall at the same
time notify the Commission of the grounds which make the enactmentof such a provision necessary.
The Commission shall immediately notify the other Member States of
any draft which it has received; it may also consult the 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 State
may adopt the provision only if the Commission has not taken a decisionto 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 any
Member 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 shall verify
in particular whether the qualification resulting from the course inquestion confers on the holder:
— a level of professional education or training of a comparably high
level to that of the post-secondary course referred to in point (i) of
the second indent of the first subparagraph of Article 1 (a),
— a similar level of responsibility and activity.1992L0051 — EN — 01.08.1997 — 004.001 — 15
▼B
3. The Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by the representativeof 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 chairmanmay lay down according to the urgency of the matter. The opinion shall
be delivered by the majority laid down in Article 148 (2) of the Treaty in
the case of decisions which the Councilis required to adopt on aproposalfrom the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the manner setout in that Article. The chairman shall not vote.
5. The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accordance withthe opinion of the committee, they shall be communicated by theCommission to the Councilforthwith. In that event, the Commissionshall defer for a period of two months the application of the measureswhich it has decided.
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 the
Official 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 generalremarks, this report shal lcontain 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 18
June 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 officialpubl ication. The methods of making such a
reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of
the main provisions of national law which they adopt in the 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 SocialCommittee on the progress of the appl icationof 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.1992L0051 — EN — 01.08.1997 — 004.001 — 16
▼B
Article 19
This Directive is addressed to the Member States.1992L0051 — EN — 01.08.1997 — 004.001 — 17
▼B
ANNEX A
List of the Directives referred to in the second subparagraph of Article 2
1. 64/429/EWG (1)
CouncilDirective of 7 Jul y 1964, concerning the attainment of freedom of
establishment and freedom to provide services in respect of activities of self-
employed persons in manufacturing and processing industries falling within
ISIC Major Groups 23-40 (Industry and small craft industries)
64/427/EEC (2)
Council Directive of 7 July 1964, laying down detailed provisions concerning
transitional measures in respect of activities of self-employed persons in
manufacturing and processing industries falling within ISIC Major Groups
23-40 (Industry and small craft industries)
2. 68/365/EEC (3)
CouncilDirective of 15 October 1968, concerning the attainment of freedom
of establishment and freedom to provide services in respect of activities of
self-employed persons in the food manufacturing and beverage industries
(ISIC Major Groups 20 and 21)
68/366/EEC (4)
Council Directive of 15 October 1968, laying down detailed provisions
concerning transitional measures in respect of activities of self-employed
persons in the food manufacturing and beverage industries (ISIC Major
Groups 20 and 21)
3. 64/223/EEC (5)
CouncilDirective of 25 February 1964 concerning the attainment of freedom
of establishment and freedom to provide services in respect of activities in
wholesale trade
64/224/EEC (6)
CouncilDirective of 25 February 1964 concerning the attainment of freedom
of establishment and freedom to provide services in respect of activities of
intermediaries in commerce, industry and small craft industries
64/222/EEC (7)
Council Directive of 25 February 1964 laying down detailed provisions
concerning transitional measures in respect of activities in wholesale trade
and activities of intermediaries in commerce, industry and small craft
industries
4. 68/363/EEC (8)
CouncilDirective of 15 October 1968 concerning the attainment of freedom
of establishment and freedom to provide services in respect of activities of
self-employed persons in retail trade (ISIC ex Group 612)
68/364/EEC (9)
Council Directive of 15 October 1968 laying down detailed provisions
concerning transitional measures in respect of activities of self-employed
persons in retailtrade (ISIC ex Group 612)
5. 70/522/EEC (10)
CouncilDirective of 30 November 1970 concerning the attainment of
freedom to provide services in respect of activities of self-employed persons
in the wholesale coal trade and activities of intermediaries in the coal trade
(ISIC ex Group 6112)1992L0051 — EN — 01.08.1997 — 004.001 — 18
(1) OJ No 117, 23. 7. 1964, p. 1880/64.
(2) OJ No 117, 23. 7. 1964, p. 1863/64. Amended by Directive 69/77/EEC (OJ No L 59, 10.
3. 1969, p. 8).
(3) OJ No L 260, 22. 10. 1968, p. 9.
(4) OJ No L 260, 22. 10. 1968, p. 12.
(5) OJ No 56, 4. 4. 1964, p. 863/64.
(6) OJ No 56, 4. 4. 1964, p. 869/64.
(7) OJ No 56, 4. 4. 1964, p. 857/64.
(8) OJ No L 260, 22. 10. 1968, p. 1.
(9) OJ No L 260, 22. 10. 1968, p. 6.
(10) OJ No L 267, 10. 12. 1970, p. 14.
▼B
70/523/EEC (1)
Council Directive of 30 November 1970 laying down detailed provisions
concerning transitionalmeasures in respect of activities of intermediaries in
the coaltrade (ISIC ex Group 6112)
6. 74/557/EEC (2)
CouncilDirective of 4 June 1974 on the attainment of freedom of
establishment and freedom to provide services in respect of activities of
self-employed persons and of intermediaries engaging in the trade anddistribution of toxic products
74/556/EEC (
3)
Council Directive of 4 June 1974 laying down detailed provisions concerning
transitionalmeasures rel ating to activities, trade in and distribution of toxic
products and activities entailing the professional use of such products
including activities of intermediaries
7. 68/367/EEC (4)
CouncilDirective of 15 October 1968 concerning the attainment of freedom
of establishment and freedom to provide services in respect of activities of
self-employed persons in the personal services sector (ISIC ex Major Group
85):
1. restaurants, cafes, taverns and other drinking and eating places (ISIC
Group 852);
2. hotels, rooming houses, camps and other lodging places (ISIC Group 853)68/368/EEC (
5)
Council Directive of 15 October 1968 laying down detailed provisions
concerning transitional measures in respect of activities of self-employed
persons in the personalservices 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 (6)
CouncilDirective of 13 December 1976 on measures to facil itate the
effective exercise of freedom of establishment and freedom to provide
services in respect of the activities of insurance agents and brokers (ex ISIC
Group 630) and, in particular, transitional measures in respect of those
activities
9. 82/470/EEC (7)
CouncilDirective of 29 June 1968 on measures to facil itate the effective
exercise of freedom of establishment and freedom to provide services in
respect of activities of self-employed persons in certain services incidental to
transport and travelagencies (ISIC Group 720)
10. 82/489/EEC (8)
Council Directive of 19 July 1982 laying down measures to facilitate the
effective exercise of the right of establishment and freedom to provide
services in hairdressing
11. 75/368/EEC (9)
CouncilDirective of 16 June 1975 on measures to facil itate the effective
exercise of freedom of establishment and freedom to provide services in
respect of various activities (ex ISIC Division 01 to 85) and, in particular,
transitionalmeasures in respect of those activities
12. 75/369/EEC (10)
CouncilDirective of 16 June 1975 on measures to facil itate the effective
exercise of freedom of establishment and freedom to provide services in
respect of itinerant activities and, in particular, transitional measures in
respect of those activities1992L0051 — EN — 01.08.1997 — 004.001 — 19
(1) OJ No L 267, 10. 12. 1970, p. 18.
(2) OJ No L 307, 18. 11. 1974, p. 5.
(3) OJ No L 307, 18. 11. 1974, p. 1.
(4) OJ No L 260, 22. 10. 1968, p. 16.
(5) OJ No L 260, 22. 10. 1968, p. 19.
(6) OJ No L 26, 31. 1. 1977, p. 14.
(7) OJ No L 213, 21. 7. 1982, p. 1.
(8) OJ No L 218, 27. 7. 1982, p. 24.
(9) OJ No L 167, 30. 6. 1975, p. 22.
(10) OJ No L 167, 30. 6. 1975, p. 29.
▼B
Note
Some of the Directives listed above have been supplemented by the Acts of
Accession of Denmark, Ireland and the United Kingdom (OJ No L 73, 27. 3.
1972), of Greece (OJ No L 291, 19. 11. 1979) and of Spain and Portugal(OJ No
L 302, 15. 11. 1985).1992L0051 — EN — 01.08.1997 — 004.001 — 20
▼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 — 01.08.1997 — 004.001 — 21
▼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)/Physiotherapeut(in)’ (
1)),
— occupationaltherapist (‘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) Heilpädagoge(-
in)’),
— medicall aboratory technician ( ‘medizinisch-technische(r) Laboratoriums-
Assistent(in)’ ),
— medicalX-ray technician ( ‘medizinisch-technische(r) Radiologie-Assis-
tent(in)’ ),
— medicalfunctionaldiagnostics technician ( ‘medizinisch-technische(r)
Assistent(in) für Funktionsdiagnostik’ ),
— veterinary technician ( ‘veterinärmedizinisch-technische(r) Assistent(in)’ ),
— dietitian ( ‘Diätassistent(in)’ ),
— pharmacy technician ( ‘Pharmazieingenieur’ ) received prior to 31 March
1994 in the former German Democratic Republic or in the territory of the
new Länder,
— psychiatric nurse ( ‘Psychiatrische(r) Krankenschwester/Krankenpfleger’ ),
— speech therapist ( ‘Sprachtherapeut(in)’ ).
In Italy
training for:
— dentaltechnician (‘odontotecnico’),
— optician (‘ottico’),— chiropodist (‘podologo’).
In Luxembourg
training for:
— medical X-ray technician (assistant(e) technique médical(e) en radiologie),
— medical laboratory technician (assistant(e) technique médical(e) de
laboratoire).
— psychiatric nurse (infirmier/ière psychiatrique),— medicaltechnician - surgery (assistant(e) technique médical (e) en
chirurgie),
— paediatric nurse (infirmier/ière puériculteur/trice),
— nurse - anaesthetics (infirmier/ière anesthésiste),— qualified masseur/masseuse (masseur/euse diplômé(e)),— childcare worker (éducateur/trice).
In the Netherlands
— veterinary assistant ( ‘dierenartassistent’ ).1992L0051 — EN — 01.08.1997 — 004.001 — 22
(1) As from 1 June 1994, the professionaltitl e ‘Krankengymnast(in)’ was replaced by that of
‘Physiotherapeut(in)’ . Nevertheless, the members of the profession who have obtained
their diplomas before that date may, if they wish, continue to use the former title of
‘Krankengymnast(in)’ .▼M1
▼B
▼M1
▼B
▼M2
▼B
which represent education and training courses of a totalduration of at l east
thirteen years, comprising:
— either at least three years of vocational training in a specialized school
culminating in an examination, in some cases supplemented by a one or
two-year specialization course culminating in an examination,
— or at least two and a half years in a specialized school culminating in an
examination and supplemented by work experience of at least six months
or by a traineeship of at least six months in an approved establishment,
— or at least two years in a specialized school culminating in an examination
and supplemented by work experience of at least one year or by a
traineeship of at least one year in an approved establishment,
— or in the case of the veterinary assistant ( ‘dierenartassisten’ ) in the
Netherlands three years of vocational training in a specialized school
(‘MBO’ -scheme) or alternatively three years of vocational training in the
dualapprenticeship system ( ‘LLW’ ), both of which culminate in an
examination.
In Austria
training for:
— contact lens optician (‘Kontaktlinsenoptiker’),
— pedicurist (‘Fußpfleger’),
— acoustic-aid technician (‘Hörgeräteakustiker’),— druggist (‘Drogist’),
which represent education and training courses of a totalduration of at l east
fourteen years, including atleast five years' training followed within a
structured training framework, divided into an apprenticeship of at least three
years' duration, comprising training partly received in the workplace and partly
provided by a vocationaltraining establ ishment, and a period of professional
practice and training, culminating in a professional examination conferring the
right to exercise the profession and to train apprentices.
— masseur (‘Masseur’),
which represents education and training courses of a totalduration of fourteen
years, including five years' training within a structured training framework,comprising an apprenticeship of two years' duration, a period of professional
practice and training of two years' duration and a training course of one year
culminating in a professional examination conferring the rights to exercise the
profession and to train apprentices.
— kindergarten worker (‘Kindergärtner/in’),
— child care worker (‘Erzieher’),
which represent education and training courses of a totalduration of thirteen
years, including five year sof professional training in a specialized school,
culminating in an examination.
2.Master craftsman sector (‘Mester/Meister/Maître’) which represents
education and training courses concerning skills not covered by the
Directives listed in Annex A
In Denmark
training for:
— (‘optometrist’) optician,
this course is of a totalduration of 14 years, incl uding five years' vocational
training divided into two-and-a-half years' theoretical training provided by the
vocational training establishment and two-and-a-half years' practical training
received in the workplace, and culminating in a recognized examination
relating to the craft and conferring the right to use the title ‘Mester’;
— orthopaedic technician (‘Ortopaedimekaniker’)
this course is of a total duration of 12,5 years, including three-and-a-half years'
vocationaltraining divided into six months' theoreticaltraining provided by
the vocationaltraining establ ishment and three years' practicaltraining
received in the workplace, and culminating in a recognized examination
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'
vocationaltraining divided into two years' theoreticaltraining provided by the1992L0051 — EN — 01.08.1997 — 004.001 — 23
▼M2
▼A1
▼B
▼B
vocational training establishment and two-and-a-half years' practical training
received in the workplace, and culminating in a recognized examination
relating to the craft and conferring the right to use the title ‘Mester’.
In Germany
training for:
— optician (‘Augenoptiker’),
— dentaltechnician (‘Zahntechniker’),
— surgicaltruss maker (‘Bandagist’),
— hearing-aid maker (‘Hörgeräte-Akustiker’),— orthopaedic technician (‘Orthopädiemechaniker’),— orthopaedic bootmaker (‘Orthopädieschuhmacher’).
In Luxembourg
training for:
— dispensing optician (‘opticien’),
— dentaltechnician (‘mécanicien dentaire’),— hearing-aid maker (‘audioprothésiste’),
— orthopaedic technician/surgicaltruss maker (‘mécanicien orthopédiste/
bandagiste’),
— orthopaedic bootmaker (‘orthopédiste-cordonnier’),
These courses are of a total duration of 14 years, including at least five years'
training followed within a structured training framework, partly received in the
workplace and partly provided by the vocational training establishment, and
culminating in an examination which must be passed in order to be able to
practise any activity considered as skilled, either independently or as an
employee with a comparable level of responsibility.
In Austria
training for:
— surgicaltruss maker (‘Bandagist’),
— corset maker (‘Miederwarenerzeuger’),— optician (‘Optiker’),— orthopaedic shoemaker (‘Orthopädieschuhmacher’),— orthopaedic technician (‘Orthopädietechniker’),
— dentaltechnician (‘Zahntechniker’),
— gardener (‘Gärtner’),
which represents education and training of a totalduration of at l east fourteen
years, including at leastfive years' training within a structured training
framework, divided into an apprenticeship of at least three years' duration,
comprising training received partly in the workplace and partly provided by a
vocationaltraining establ ishment, and a period of professionalpractice and
training of at least two years' duration culminating in a mastership examination
conferring the rights to exercise the profession, to train apprentices and to use
the title ‘Meister’.
training for master craftsmen in the field of agriculture and forestry, namely,
— master in agriculture (‘Meister in der Landwirtschaft’),
— master in rural home economics (‘Meister in der ländlichen Haus-
wirtschaft’),
— master in horticulture (‘Meister im Gartenbau’),— master in market gardening (‘Meister im Feldgemüsebau’),— master in pomology and fruit-processing (‘Meister im Obstbau und in der
Obstverwertung’),
— master in viniculture and wine-production (‘Meister im Weinbau and in
der Kellerwirtschaft’),
— master in dairy farming (‘Meister in der Molkerei- und Käsereiwirtschaft’),— master in horse husbandry (‘Meister in der Pferdewirtschaft’),— master in fishery (‘Meister in der Fischereiwirtschaft’),— master in poultry farming (‘Meister in der Geflügelwirtschaft’),
— master in apiculture (‘Meister in der Bienenwirtschaft’),
— master in forestry (‘Meister in der Forstwirtschaft’),— master in forestry plantation and forest management (‘Meister in der
Forstgarten- und Forstpflegewirtschaft’),
— master in agricultural warehousing (‘Meister in der landwirtschaftlichen
Lagerhaltung’),1992L0051 — EN — 01.08.1997 — 004.001 — 24
▼A1
▼A1
which represents education and training of a totalduration of at l east fifteen
years, including at leastsix years' training followed within a structured training
framework divided into an apprenticeship of at least three years' duration,
comprising training partly received in the workplace and partly provided by a
vocationaltraining establ ishment, and a period of three years of professional
practice culminating in a mastership examination relating to the profession and
conferring the rights to train apprentices and to use the title ‘Meister’.
3.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 maskinme-
ster’).
In Germanytraining for:
— captain, large coastal vessel (‘Kapitän AM’),
— captain, coastalvessel(‘Kapitän AK’),
— deck officer, large coastal vessel (‘Nautischer Schiffsoffizier AMW’),
— deck officer, coastalvessel(‘Nautischer Schiffsoffizier AKW’),— chief engineer, grade C (‘Schiffsbetriebstechniker CT - Leiter von
Maschinenanlagen’),
— ship's mechanic, grade C (‘Schiffsmaschinist CMa - Leiter von
Maschinenanlagen’),
— ship's engineer, grade C (‘Schiffsbetriebstechniker CTW’),— ship's mechanic, grade C - solo engineer officer (‘Schiffsmaschinist
CMaW - Technischer Alleinoffizier’).
In Italytraining for:
— deck officer (‘ufficiale di coperta’),
— engineer officer (‘ufficiale di macchina’).
In the Netherlandstraining for:— first mate (coastal vessel) (with supplementary training) [‘stuurman
kleine handelsvaart (met aanvulling)’],
— coaster engineer (with diploma) (‘diploma motordrijver’),
— VTS official( ‘VTS-functionaris’ ),
which represents training:
— in Denmark, of nine years' primary schooling followed by a course of
basic training and/or service at sea of between 17 and 36 months,
supplemented by:
— for the deck officer, one year of specialized vocational training,
— for the others, three years of specialized vocational training,
— in Germany, of a totalduration of between 14 and 18 years, incl uding a
three-year course of basic vocationaltraining and one year's service at
sea, followed by one or two years of specialized vocational training
supplemented, where appropriate, by two year's work experience in
navigation,
— in Italy, of a total duration of 13 years, of which at least five years
consist of professionaltraining cul minating in an examination, and are
supplemented, where appropriate, by a traineeship,
—in the Netherlands:
— for first mate (coastal vessel) (with supplementary training)
(‘stuurman kleine handelsvaart (met aanvulling)’ ), and coaster
engineer (with diploma) ( ‘diploma motordrijver’ ), involving a1992L0051 — EN — 01.08.1997 — 004.001 — 25
▼B
▼M2
▼B
▼M2
▼M2
course of 14 years, at least two years of which take place in a
specialized vocational training establishment, supplemented by a
twelve-month traineeship,
— for the VTS official( ‘VTS-functionaris’ ), of a totalduration of at
least 15 years, comprising at least three years of Higher Vocational
Education ( ‘HBO’ ) or Intermediate VocationalTraining ( ‘MBO’ ),
which are followed by national and regional specialization courses,
comprising at least twelve weeks of theoretical training each and
culminating each in an examination,
and which are recognized under the InternationalSTCW Convention
(InternationalConvention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978).
b) Sea fishing
In Germanytraining for:— captain, deep-sea fishing (‘Kapitän BG/Fischerei’),
— captain, coastalfishing (‘Kapitän BK/Fischerei’),— deck officer, deep-sea vessel(‘Nautischer Schiffsoffizier BGW/
Fischerei’),
— deck officer, coastalvessel(‘Nautischer Schiffsoffizier BKW/
Fischerei’).
In the Netherlands
training 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 totalduration of between 14 and 18 years, incl uding a
three-year course of basic vocationaltraining and one year's service at
sea, followed by one or two years of specialized vocational training
supplemented, where appropriate, by two-years' work experience in
navigation,
— in the Netherlands, involving a course varying in duration between
thirteen and fifteen years, at least two years of which are provided in a
specialized vocational school, supplemented by a 12-month period of
work experience,
and is recognized under the Torremolinos Convention (1977 International
Convention for the Safety of Fishing Vessels).
4.Technical sector
In Italytraining for:
— building surveyor (‘geometra’),
— land surveyor (‘perito agrario’),
which represents secondary technicalcourses of a totalduration of at l east 13
years, comprising eight years' compulsory schooling followed by five years'
secondary study, including three years' vocational study, culminating in the
Technical Baccalaureat examination, and supplemented,
— for building surveyors by:
either a traineeship lasting at least two years in a professional office,or five years' work experience, and
— for land surveyors, by the completion of a practical traineeship lasting at
least two years,1992L0051 — EN — 01.08.1997 — 004.001 — 26
▼B
▼M1
▼B
▼M1
▼B
followed by the State Examination.
In the Netherlandstraining for:
— bailiff (‘gerechtsdeurwaarder’),
— dental-prosthesis maker ( ‘tandprotheticus’ ),
which represent a course of study and vocationaltraining
— in the case of the bailiff ( ‘gerechtsdeurwaarder’ ), totalling nineteen years,
comprising eight years' compulsory schooling followed by eight years'
secondary education including four years' technical education culminating
in a State examination and supplemented by three years' theoretical and
practicalvocationaltraining,
— in the case of the dental-prosthesis maker ( ‘tandprotheticus’ ) totalling at
least 15 years of full time training and three years of part time training,
comprising eight years of primary education, four years of general
secondary education, completion of three years of vocational training,
involving theoretical and practical training as a dental technician,
supplemented by three years of part-time training as a dental prosthesis-
maker, culminating in an examination.
In Austria
training for:
— forester (‘Förster’),
— technicalconsul ting (‘Technisches Büro’),
— labour leasing (‘Überlassung von Arbeitskräften - Arbeitsleihe’),
— employment agent (‘Arbeitsvermittlung’),
— investment adviser (‘Vermögensberater’),— private investigator (‘Berufsdetektiv’),
— security guard (‘Bewachungsgewerbe’),
— real estate agent (‘Immobilienmakler’),— real estate manager (‘Immobilienverwalter’),
— advertising and promotion agency (‘Werbeagentur’),
— building project organizer (‘Bauträger, Bauorganisator, Baubetreuer’),— debt-collecting institute (‘Inkassoinstitut’),
which represents education and training of a totalduration of at l east fifteen
years, comprising eightyears' compulsory schooling followed by a minimum
of five years' secondary technicalor commercialstudy, cul minating in a
technical or commercial matura examination, supplemented by at least two
years' workplace education and training culminating in a professional
examination.
— insurance consultant (‘Berater in Versicherungsangelegenheiten’),
which represents education and training of a totalduration of 15 years,
including six years' training followed within a structured training framework,
divided into an apprenticeship of three years' duration and a three-year period
of professionalpractice and training, cul minating in an examination.
— master builder/planning and technical calculation (‘Planender Baume-
ister’),
— master woodbuilder/planning and technical calculation (‘Planender
Zimmermeister’),
which represents education and training of a totalduration of at l east eighteen
years, including at leastnine years' vocational training divided into four years'
secondary technicalstudy and five years' professionalpractice and training
culminating in a professional examination conferring the rights to exercise the
profession and to train apprentices, insofar as this training relates to the right
to plan buildings, to make technical calculations and to supervise construction
work (‘the Maria Theresian privilege’).
5.United Kingdom courses accredited as National Vocational Qualifications
or Scottish Vocational Qualifications
Training for:
— mine electrical engineer,1992L0051 — EN — 01.08.1997 — 004.001 — 27
▼M2
▼A1
▼B
▼M3
▼B
▼B
— mine mechanicalengineer,
— approved socialworker - mentalheal th,
— dentaltherapist,— dentalhygienist,— dispensing optician,— mine deputy,— insolvency practitioner,
— licensed conveyancer,
— first mate - freight/passenger ships - unrestricted,
— second mate - freight/passenger ships - unrestricted,— third mate - freight/passenger ships - unrestricted,— deck officer - freight/passenger ships - unrestricted,
— engineer officer - freight/passenger ships - unlimited trading area,
— trade mark agent,
leading to qualifications accredited as National Vocational Qualifications
(NVQs) or approved or recognized as equivalent by the National Council for
Vocational Qualifications, or in Scotland accredited as Scottish Vocational
Qualifications, at levels 3 and 4 of the United Kingdom National Framework
of VocationalQual ifications.
These levels are defined as follows:
—Level 3: competence in a broad range of varied work activities performed
in a wide variety of contexts and most of which are complex and non-
routine. There is considerable responsibility and autonomy and control or
guidance of others is often required,
—Level 4: competence in a broad range of complex, technical or
professionalwork activities performed in a wide variety of contexts and
with a substantialdegree of personalresponsibil ity and autonomy.
Responsibility for the work of others and the allocation of resources is
often present.1992L0051 — EN — 01.08.1997 — 004.001 — 28
▼M3
▼B
▼M3
▼B
▼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 or
in Scotland accredited as Scottish Vocational Qualifications, at levels 3 and 4 of
the United Kingdom NationalFramework of VocationalQual ifications.
These levels are defined as follows:—Level 3: competence in a broad range of varied work activities performed in
a wide variety of contexts and most of which are complex and non-routine.
There is considerable responsibility and autonomy, and control or guidance of
others is often required.
—Level 4: competence in a broad range of complex, technical or professional
work activities performed in a wide variety of contexts and with a substantial
degree of personal responsibility and autonomy. Responsibility for the work
of others and the allocation of resources is often present.
In Germany:
the following regulated courses,
— regulated courses preparatory to the pursuit of the professions of technical
assistant ( ‘technische(r) Assistent(in)’ ), commercialassistant
(‘kaufmännische(r) Assistent(in) Assistent(in)’ ), socialprofessions ( ‘soziale
Berufe’ ) and the profession of State-certified respiration and elocution
instructor ( ‘staatlich geprüfte(r) Atem-, Sprech- und Stimmlehrer(in)’ ), of a
total duration of at least 13 years, which require successful completion of the
secondary course of education ( ‘mittlerer Bildungsabschluß’ ) and which
comprise:
— at least three years (
1) of vocationaltraining at a special ized school
(‘Fachschule’ ) culminating in an examination and, where applicable,
supplemented by a one-year or two-year specialization course also
culminating in an examination,
— or at least two and a half years at a specialized school ( ‘Fachschule’ )
culminating in an examination and supplemented by work experience
having a duration of not less than six months or a traineeship of not less
than six months in an approved establishment,
— or at least two years at a specialized school ( ‘Fachschule’ ) culminating in
an examination and supplemented by work experience having a duration
of not less than one year or a traineeship of not less than one year in an
approved establishment,
— regulated courses for the professions of State-certified ( ‘staatlich geprüfte(r)’ )
technician ( ‘Techniker(in)’ ), business economist ( ‘Betriebswirt(in)’ ), designer
(‘Gestalter(in)’ ) and family assistant ( ‘Familienpfleger(in)’ ), of a total
duration of not less than 16 years, a prerequisite of which is successful
completion of compulsory schooling or equivalent education and training (of
a duration of not less than nine years) and successful completion of a course
at a trade school( ‘Berufsschule’ ) of not less than three years, and comprising,
upon completion of at least two years of work experience, full-time education
and training having a duration of not less than two years or part-time
education and training of equivalent duration,
— regulated courses and regulated in-service training, of a total duration of not
less than 15 years, a prerequisite of which is, generally speaking, successful
completion of compulsory schooling (of a duration of not less than nine years)
and of vocational training (noramlly three years) and generally comprising at
least two years of work experience (three years in most cases) and an
examination as part of in service training, preparation for which generally
entails a training course which either runs concurrently with the work
experience (at least 1 000 hours) or is attended on a full-tiume basis (at least
one year).1992L0051 — EN — 01.08.1997 — 004.001 — 29
(1) The minimum duration may be reduced from three years if the person concerned has the
qualification required to enter university ( ‘Abitur’ ), i.e. 13 years of prior education and
training, or the qualification needed to enter a ‘Fachhochschule’ (a‘Fachhochschul-
reife’ ), i.e. 12 years of prior education and training▼M1
▼M1
The German authorities shall send to the Commission and to the other Member
States a list of the training courses covered by this Annex.
In the Netherlands:
The following regulated courses:
— Regulated training courses of a total duration of not less than 15 years, a
prerequisite of which is successfulcompl etion of eight years of primary
education plus four years of either intermediate general secondary education
(‘MAVO’ ) or Preparatory VocationalEducation ( ‘VBO’ ) or generalsecondary
education of a higher level, and which require the completion of a three-year
or four-year course at a college for intermediate vocational training ( ‘MBO’ ),
culminating in an examination,
— regulated training courses of a total duration of not less than 16 years, a
prerequisite of which is successfulcompl etion of eight years of primary
education plus four years of at least preparatory vocational education ( ‘VBO’ )
or a higher level of general secondary education, and which require the
completion of at least four years of vocational training in the apprenticeship
system, comprising at least one day of theoretical instruction at a college each
week and on the other days practicaltraining in a practicaltraining centre or
in a firm, and culminating in a secondary or tertiary level examination.
The Dutch authorities shall send to the Commission and to the other Member
States a list of the training courses covered by this Annex.
In Austria:
— Courses at higher vocationalschool s ( ‘Berufsbildende Höhere Schulen’ ) and
higher education establishments for agriculture and forestry ( ‘Höhere Land-
und Forstwirtschaftliche Lehranstalten’ ), including special types
(‘einschließlich der Sonderformen’ ), the structure and level of which are
determined by law, regulations and administrative provisions.
These courses have a total length of not less than 13 years and comprise five
years of vocationaltraining, which cul minate in a finalexamination, thepassing of which is a proof of professionalcompetence.
— Courses at master schools ( ‘Meisterschulen’ ), master classes
(‘Meisterklassen’ ), industrialmaster school s ( ‘Werkmeisterschulen’ )o r
building craftsmen schools ( ‘Bauhandwerkerschulen’ ), the structure and level
of which are determined by law, regulations and administrative provisions.
These courses have a total length of not less than 13 years, comprising nine
years of compulsory education, followed by either at least three years of
vocational training at a specialized school or at least three years of training in
a firm and in parallel at a vocational training school ( ‘Berufsschule’ ), both of
which culminate in an examination, and are supplemented by successful
completion of at least a one-year training course at a master school
(‘Meisterschule’ ), master classes ( ‘Meisterklassen’ ), industrialmaster school
(Werkmeisterschule ) or a building craftsmen school
(‘Bauhandwerkerschulen’ ). In most cases the totalduration is at l east 15
years, comprising periods of work experience, which either precede the
training courses at these establishments or are accompanied by part-time
courses (at least 960 hours).
The Austrian authorities shall send to the Commission and the Member States a
list of the training courses covered by this Annex.1992L0051 — EN — 01.08.1997 — 004.001 — 30
▼M2