1985L0384 — EN — 01.05.2004 — 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
of 10 June 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 2001L 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
►A2 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
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 10 June 1985
on the mutual recognition of diplomas, certificates and other
evidence of formal qualifications in architecture, includingmeasures to facilitate the effective exercise of the right of establish-
ment 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 isprohibited as from the end of the transitional period; whereas theresulting principle of non-discriminatory treatment as regards nation-ality applies inter alia to the grant of any authorization required to
take up activities in the field of architecture and also to the registration
with or membership 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 thefield of 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 evidence
of 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 public
concern; whereas, therefore, the mutual recognition of diplomas, certi-
ficates and other evidence of formal qualifications must be founded onqualitative and quantitative criteria ensuring that the holders of recog-nized diplomas, certificates and other evidence of formal qualificationsare able to understand and give practical expression to the needs ofindividuals, social groups and communities as regards spatial planning,
the design, organization and construction of buildings, the conservation
and enhancement of the architectural heritage and preservation of thenatural balance;
Whereas methods of education and training for those practising profes-
sionally in the field of architecture are at present very varied; whereas,
however, provision should be made for progressive alignment of educa-
tion and training leading to the pursuit of activities under theprofessional 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 wherethis 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,laws and regulations are being prepared on the taking up and pursuit1985L0384 — EN — 01.05.2004 — 004.001 — 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.
▼B
of these activities under the professional title of architect; whereas,
therefore, the conditions under which such activities may be taken upand pursued in those Member States have not yet been laid down;
whereas the mutual recognition of diplomas, certificates and other
evidence of formal qualifications presupposes that such diplomas, certi-ficates and other evidence of formal qualifications authorize the takingup and pursuit of certain activities in the Member State of issuewhereas, therefore, the recognition of certain certificates under this
Directive should continue to apply only in so far as the holders of
such certificates will be authorized, in accordance with legal provisionsstill to be adopted in the Member State of Issue, to take up activitiesunder the professional title of architect;
Whereas acquisition of the lawful professional title of architect is
subject in some Member States to completion of a period of practicalexperience in addition to the possession of a diploma, certificate orother evidence of formal qualifications; whereas, since practice in thisrespect of present varies from one Member State to another, to obviate
possible difficulties completion of an equal period of appropriate prac-
tical experience in another Member State should be recognized asmeeting this condition;
Whereas the reference in Article 1 (2) to ‘activities in the field of
architecture’ as being ‘those activities usually pursued under the
professional title of architect’, the justification for which lies in theconditions prevailing in certain Member States, is intended solely toindicate the scope of this Directive, without claiming to give a legaldefinition 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 archi-tect, whether alone or together with another title, without those personshaving a monopoly in pursuing those activities save where there are
laws to the contrary; whereas the aforementioned activities, or some
of them, may also be pursued by members of other professions, inparticular by engineers who have received special training in construc-tion 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 notwith-
standing the usual educational and training requirements for access tothe title, to be granted to certain distinguished persons in the field,who are very few in number and whose work shows exceptional archi-tectural talent; whereas the case of these architects should be covered
in this Directive, particularly since they frequently enjoy an interna-
tional reputation;
Whereas the recognition of a number of the existing diplomas, certifi-
cates and other evidence of formal qualifications in architecture listed
in Articles 10 to 12 is intended to enable the holders thereof to estab-
lish 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 smallsize, lead to distortion of competition and disturb the organization of
the profession; whereas, as a result, there appears to be justification
for allowing this Member State an additiional (SIC! additional) periodof adjustment;
Whereas, since a Directive on the mutual recognition of diplomas,
certificates and other evidence of formal qualifications in architecture
does not necessarily imply practical equivalence in the education andtraining covered by such diplomas, certificates and evidence, the useof titles should be authorized only in the language of the Member Stateof origin 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 evidenceof qualifications, persons who satisfy the educational and trainingrequirements of this Directive must provide a certificate from the1985L0384 — EN — 01.05.2004 — 004.001 — 3
▼B
competent authorities of their Member State of origin or of the country
from which they come stating that these qualifications are thosereferred 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 of archi-tecture and those in which they have already exercised such activitiesin another Member State;
Whereas, in the case of the provision of services, the requirement of
registration with, or membership of, professional organizations or
bodies would, since it is related to the fixed and permanent nature of
the activity pursued in the host Member State, undoubtedly constitutean obstacle to the provider of services by reason of the temporarynature of his activity; whereas this requirement should therefore beabolished; whereas, however, in this event control over professional
discipline, which is the responsibility of the£e professional organiza-
tions or bodies, should be guaranteed; whereas, to this end, it shouldbe provided, subject to the application of Article 62 of the Treaty,that the person concerned may be required to notify the provision ofservices 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 of15 October 1968 on freedom of movement for workers within the
Community (
1) lays down no specific provisions relating to good char-
acter or good repute, professional discipline or use of title for theprofessions covered; whereas, depending on the individual MemberState, such rules are or may be applicable both to employed and toself-employed persons; whereas activities in the field of architecture
are subject in several Member States to possession of a diploma, certi-
ficate or other evidence of formal qualifications; whereas suchactivities are pursued by both employed and self-employed persons, orby the same persons in both capacities in the course of their profes-sional career; whereas, in order to encourage fully the free movementof members of the profession within the Community, it therefore
appears necessary to extend 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 accessto professional activities, without concomitant coordination of nationalprovisions relating to education and training; whereas, moreover, thenumber of members of the profession who are concerned varies consid-
erably from one Member State to another; whereas the first few years
of application of this Directive must therefore be followed particularlyattentively 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 archi-
tecture shall be those activities usually pursued under the professionaltitle of architect1985L0384 — EN — 01.05.2004 — 004.001 — 4
(1) OJ No L 257, 19. 10. 1968, p. 2.
▼B
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 concerned prin-cipally with architecture. Such studies shall be balanced between thetheoretical and practical aspects of architectural training and shallensure the 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 archi-
tectural 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 engi-
neering 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 regula-
tions,
11. an adequate knowledge of the industries, organizations, regulations
and procedures involved in translating design concepts into build-ings 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 universityor comparable educational establishment, or at least six years ofstudy at a university or comparable educational establishment ofwhich at least three must be full time;1985L0384 — EN — 01.05.2004 — 004.001 — 5
▼B
(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 profes-
sional body on whose list the architect wishing to benefit from theprovisions of this Directive is registered. The body shall previouslyhave established that the work carried out by the architect concernedin the 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 appliesto registration on the list of architects.
On the basis of the experience gained and bearing in mind develop-
ments in architectural training, the Commission shall, eight years afterthe end of the period specified in the first subparagraph of Article 31(1), submit a report to the Council on the application of this derogationand the appropriate 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-time university course, conforms to the requirements of Article 3 andleads to an examination in architecture successfully completed bypersons who have 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 finalexamination referred 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 certifi-
cate 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, certi-1985L0384 — EN — 01.05.2004 — 004.001 — 6
▼M3
▼M4
▼M4
ficates 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, simul-
taneously to the other Member States and to the Commission, the listof 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 autho-
rities 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 formal quali-fications 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 formal quali-fications 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 Trainingin the Field of Architecture within three months of communicationpursuant to Article 7 (1). The Committee shall deliver its opinionwithin three months.
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 followingtwo cases:
— 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 rulingby the Court of Justice.1985L0384 — EN — 01.05.2004 — 004.001 — 7
▼B
▼B
CHAPTER III
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF
FORMAL QUALIFICATIONS ENABLING THE HOLDER TO
TAKE UP ACTIVITIES IN THE FIELD OF ARCHITECTURE
BY 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 byother Member 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, certificatesand other evidence of formal qualifications commences during the thirdacademic year at the latest following much notification, even if thosequalifications 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 Article23, the same effect within its territory as the diplomas, certificates andother evidence of formal 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 whichmay be 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 bodyin accordance 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 personconcerned has passed a test of his formal qualifications inaccordance with Article 13;
(b) in Belgium
— the diplomas awarded by the higher national schools of archi-
tecture or the higher national institutes of architecture
(architecte — architect);
— the diplomas awarded by the higher provincial school of archi-
tecture 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 — 01.05.2004 — 004.001 — 8
▼B
— 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 Facultyof Mons (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 archi-
tecture of the ‘Ecole nationale supérieure des Arts etIndustries de Strasbourg’ (formerly the ‘Ecole nationale d'ingé-nieurs 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 witha certificate issued by Greece's Technical Chamber conferringthe right 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 architec-
ture;
— the engineering/civil engineering diplomas awarded by the
PANEPISTIMION THRAKIS, together with a certificateissued by Greece's Technical Chamber conferring the right topursue activities 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 Archi-
tects of Ireland (ARIAI);
— the Certificate of Membership of the Royal Institute of Archi-
tects of Ireland (MRIAI);1985L0384 — EN — 01.05.2004 — 004.001 — 9
▼B
(g)in Italy
— ‘laurea in architettura’ diplomas awarded by universities, poly-
technic institutes and the higher institutes of architecture ofVenice and Reggio Calabria, accompanied by the diploma enti-tling 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 and poly-technic institutes, accompanied by the diploma entitling theholder 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 activ-
ities 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 thoseactivities (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 upand pursuit of architectural activities under the professional titleof architect, in so far as under such provisions those certificatesdo not authorize the taking up of such activities under that profes-sional title;1985L0384 — EN — 01.05.2004 — 004.001 — 10
▼B
(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 theUnited Kingdom 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 Act1931 (Architect);
— a certificate stating that its holder has an established right to
hold the professional title of architect by virue (SIC! virtue)of section 2 of the Architects Registration Act 1938 (Archi-tect).
(j)in Spain
— the official formal qualification of an architect (título oficial de
arquitecto) awarded by the Ministry of Education and Science
or by 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 Univer-sity 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
►
C2 the Faculty of Engineering (Engenharia) of the Univer-
sity 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 em engen-haria 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 Architec-ture (‘Architektur’), in the fields of study of architecture,building-engineering (‘Bauingenieurwesen’), building(‘Hochbau’) and ‘Wirtschaftsingenieurwesen — Bauwesen’,1985L0384 — EN — 01.05.2004 — 004.001 — 11
▼M1
▼M2
▼A1
▼A1
— 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 the
licence 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 Civil
Technician 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 Tech-
nology 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 receivedtheir training in a State to which this Directive applies;
(o)in the Czech Republic:
— the diplomas awarded by the faculties of ‘ České vysoké u čení
technické’ (Czech Technical University in Prague):
— ‘Vysoká škola architektury a pozemního stavitelství’
(Faculty of Architecture and Building Construction) (until1951),
— ‘Fakulta architektury a pozemního stavitelství’ (Faculty of
Architecture and Building Construction) (from 1951 until1960),
— ‘Fakulta stavební’ (Faculty of Civil Engineering) (from
1960) in the fields of study: building construction and
structures, building construction, construction and architec-
ture, architecture (including city planning and land useplanning), civil construction and construction for industrialand agricultural production, or in the programme of studyof civil engineering in the field of study of buildingconstruction and architecture,
— ‘Fakulta architektury’ (Faculty of Architecture) from 1976)
in the fields of study: architecture, city planning and landuse planning, or in the programme of study: architectureand city planning in the fields of study: architecture, theoryof architecture design, city planning and land use planning,
history of architecture and reconstruction of historical
monuments, or architecture and building construction,
— the diplomas awarded by ‘Vysoká škola technická Dr.
Edvarda Beneše’ (until 1951) in the field of architectureand construction,1985L0384 — EN — 01.05.2004 — 004.001 — 12
▼C1
▼A1
▼A2
▼A2
— the diplomas awarded by ‘Vysoká škola stavitelství v Brn ě’
(from 1951 until 1956) in the field of architecture andconstruction,
— the diplomas awarded by ‘Vysoké u čení technické v Brn ě’,
‘Fakulta architektury’ (Faculty of Architecture) (from 1956)
in the field of study of architecture and city planning or‘Fakulta stavební’ (Faculty of Civil Engineering) (from1956) in the field of study of construction,
— the diplomas awarded by ‘Vysoká škola bá ňská - Technická
univerzita Ostrava’, ‘Fakulta stavební’ (Faculty of CivilEngineering) (from 1997) in the field of study of structures
and architecture or in the field of study of civil engineering,
— the diplomas awarded by ‘Technická univerzita v Liberci’,
‘Fakulta architektury’ (Faculty of Architecture) (from 1994)in the programme of study of architecture and city planningin the field of study of architecture,
— the diplomas awarded by ‘Akademie výtvarných um ění v
Praze’ - in the programme of fine arts in the field of studyof architectural design,
— the diplomas awarded by ‘Vysoká škola um ělecko-
průmyslová v Praze’ in the programme of fine arts in the
field of study of architecture,
— a certificate of the authorisation awarded by ‘ Česká komora
architekt ů’without any specification of the field or in the
field of building construction;
(p)in Estonia:
diplom arhitektuuri erialal, väljastatud Eesti Kunstiakadeemia arhi-
tektuuri teaduskonna poolt alates 1996 aastast (diploma inarchitectural studies awarded by the Faculty of Architecture at theEstonian Academy of Arts since 1996), väljastatud TallinnaKunstiülikooli poolt 1989-1995 aastal (awarded by Tallinn Art
University in 1989-1995), väljastatud Eesti NSV Riikliku
Kunstiinstituudi poolt 1951-1988 (awarded by the State Art Insti-tute of the Estonian SSR in 1951-1988);
(q)in Cyprus:
Βεβαίωση Εγγραφής στο Μητρώο Αρχιτεκτόνων που εκδί-
δεται από το Επιστηµονικό και Τεχνικό ΕπιµελητήριοΚύπρου (Certificate of Registration in the Register of Architects
issued by the Scientific and Technical Chamber of Cyprus(ETEK));
(r)in Latvia:
‘arhitekta diploms’ ko izsniegusi Latvijas Valsts Universit ātes
Inženierceltniec ības fakult ātes Arhitekt ūras noda ļalīdz 1958.
gadam, R īgas Politehnisk āInstit ūta Celtniec ības fakult ātes Arhi-
tektūras noda ļa no 1958 gada l īdz 1991. gadam, R īgas Tehnisk ās
Universit ātes Arhitekt ūras fakult āte kopš 1991. gada, un ‘Arhitekta
prakses sertifik āts’ ka izsniedz Latvijas Arhitektu savien ība;
(‘diploma of architect’ awarded by the Department of Architecture
of the Faculty of Civil Engineering of Latvia State University until
1958, the Department of Architecture of the faculty of Civil Engi-neering of Riga Polytechnical Institute 1958 - 1991, the Faculty ofArchitecture of Riga Technical University since 1991, and thecertificate of registration by the Architects Association of Latvia);
(s)in Lithuania:
— the engineer architect/architect diplomas awarded by Kauno
politechnikos institutas until 1969 (inžinierius architektas/archi-
tektas),
— the architect/bachelor of architecture/master of architecture
diplomas awarded by Vilnius inžinerinis statybos institutasuntil 1990, Vilniaus technikos universitetas until 1996, VilniusGedimino technikos universitetas since 1996 (architektas/archi-tektûros bakalauras/architektûros magistras),1985L0384 — EN — 01.05.2004 — 004.001 — 13
▼A2
— the diplomas for specialist having completed the course in
architecture/bachelor of architecture/master of architectureawarded by LTSR Valstybinis dailës institutas until 1990;
Vilniaus dailës akademija since 1990 (architektûros kursas/
architektûros bakalauras/architektûros magistras),
— the bachelor of architecture/master of architecture diplomas
awarded by Kauno technologijos universitetas since 1997(architektûros bakalauras/architektûros magistras),
all accompanied by the Certificate issued by the Attestation
Commission conferring the right to pursue activities in the fieldof architecture (Certified Architect — Atestuotas architektas);
(t)in Hungary:
— ‘okleveles építészmérnök’ diploma (diploma in architecture,
master of sciences in architecture) awarded by universities,
— ‘okleveles építész tervez őművész’ diploma (diploma of master
of sciences in architecture and building engineering) awardedby universities;
(u)in Malta:
Perit: Lawrja ta' Perit awarded by Universita'ta' Malta which gives
entitlement to registration as a Perit;
(v)in Poland:
the diplomas awarded by the faculties of architecture of:
— the Warsaw University of Technology, Faculty of Architecture
in Warszawa (Politechnika Warszawska, Wydział Architek-tury); the professional title of architect: in żynier architekt,
magister nauk technicznych; in żynier architekt; in żyniera
magistra architektury; magistra in żyniera architektury; magistra
inżyniera architekta; magister in żynier architekt
(from 1945 until 1948: title: in żynier architekt, magister nauk
technicznych; from 1951 until 1956, title: in żynier architekt;
from 1954 until 1957, 2nd stage, title: in żyniera magistra archi-
tektury from 1957 until 1959; title: in żyniera magistra
architektury; from 1959 until 1964: title: magistra in żyniera
architektury; from 1964 until 1982, title: magistra in żyniera
architekta; from 1983 until 1990, title: magister in żynier archi-
tekt; since 1991 title: magistra in żyniera architekta),
— the Cracow University of Technology, Faculty of Architecture
in Kraków (Politechnika Krakowska, Wydział Architektury);
the professional title of architect: magister in żynier architekt
(from 1945 until 1953 University of Mining and Metallurgy,
Polytechnic Faculty of Architecture - Akademia Górniczo-
Hutnicza, Politechniczny Wydział Architektury),
— the Wrocław University of Technology, Faculty of Architecture
in Wrocław (Politechnika Wrocławska, Wydział Architektury);the professional title of architect: in żynier architekt, magister
nauk technicznych; magister in żynier architektury; magister
inżynier architekt
(from 1949 until 1964: title: in żynier architekt, magister nauk
technicznych; from 1956 until 1964, title: magister in żynier
architektury; since 1964, title: magister in żynier architekt),
— the Silesian University of Technology, Faculty of Architecture
in Gliwice (Politechnika Śląska, Wydział Architektury); the
professional title of architect: in żynier architekt; magister
inżynier architekt
(from 1945 until 1955, Faculty of Engineering and Construc-
tion - Wydział In żynieryjno-Budowlany, title: in żynier
architekt; from 1961 until 1969 Faculty of Industrial Construc-
tion and General Engineering - Wydział BudownictwaPrzemysłowego i Ogólnego, title: magister in żynier architekt;
from 1969 until 1976,Faculty of Civil Engineering and Archi-tecture - Wydział Budownictwa i Architektury, title: magisterinżynier architekt; since 1977, Faculty of Architecture -1985L0384 — EN — 01.05.2004 — 004.001 — 14
▼A2
Wydział Architektury, title: magister in żynier architektand
since 1995, title: in żynier architekt),
— the Poznan University of Technology, Faculty of Architecture
in Pozna ń(Politechnika Pozna ńska, Wydział Architektury);
the professional title of architect: in żynier architektury;
inżynier architekt; magister in żynier architekt
(from 1945 until 1955 Engineering School, Faculty of Archi-
tecture - Szkoła In żynierska, Wydział Architektury, title:
inżynier architektury; since 1978, title: magister in żynier archi-
tekt and since 1999, title: in żynier architekt),
— the Technical University of Gda ńsk, Faculty of Architecture in
Gdańsk (Politechnika Gda ńska, Wydział Architektury); the
professional title of architect: magister in żynier architekt
(from 1945 until 1969 Faculty of Architecture - Wydział
Architektury, from 1969 until 1971 Faculty of Civil Engi-
neering and Architecture - Wydział Budownictwa i
Architektury, from 1971 until 1981 Institut of Architectureand Urban Planning - Instytut Architektury i Urbanistyki, since1981 Faculty of Architecture - Wydział Architektury),
— the Białystok Technical University, Faculty of Architecture in
Białystok (Politechnika Białostocka, Wydział Architektury);
the professional title of architect: magister in żynier architekt
(from 1975 until 1989 Institut of Architecture - Instytut Archi-
tektury),
— the Technical University of Łód ź, Faculty of Civil Engineering,
Architecture and Environmental Engineering in Łód ź(Politech-
nika Łódzka, Wydział Budownictwa, Architektury i In żynierii
Środowiska); the professional title of architect: in żynier archi-
tekt; magister in żynier architekt
(from 1973 until 1993 Faculty of Civil Engineering and
Architecture — Wydział Budownictwa i Architekturyand since1992 Faculty of Civil Engineering, Architecture and Environ-mental Engineering — Wydział Budownictwa, Architektury i
Inżynierii Środowiskatitle: from 1973 until 1978, title:in żynier
architekt, since 1978, title: magister in żynier architekt),
— the Technical University of Szczecin, Faculty of Civil Engi-
neering and Architecture in Szczecin (PolitechnikaSzczeci ńska, Wydział Budownictwa i Architektury); the
professional title of architect: in żynier architekt; magister
inżynier architekt
(from 1948 until 1954 High Engineering School, Faculty of
Architecture - Wy ższa Szkoła In żynierska, Wydział Architek-
tury, title: in żynier architekt, since 1970, title: magister
inżynier architektand since 1998, title: in żynier architekt),
all accompanied by the certificate of membership issued by the
relevant regional architects' chamber in Poland conferring the rightto pursue activities in the field of architecture in Poland;
(w) in Slovenia:
— ‘univerzitetni diplomirani inženir arhitekture/univerzitetna
diplomirana inženirka arhitekture’ (university diploma in archi-tecture) awarded by the faculty of architecture, accompaniedby a certificate of the competent authority in the field of archi-tecture recognised by law, conferring the right to pursueactivities in the field of architecture,
— a university diploma awarded by technical faculties awarding
the title of ‘univerzitetni diplomirani inženir (univ.dipl.inž.)/univerzitetna diplomirana inženirka’ accompanied by a certifi-cate of the competent authority in the field of architecturerecognised by law, conferring the right to pursue activities inthe field of architecture;
(x)in Slovakia:
— diploma in the field of study ‘architecture and building
construction’(‘architektúra a pozemné stavite ľstvo)’ awarded
by the Slovak Technical University (Slovenská vysoká školatechnická) in Bratislava in 1950 - 1952 (title: Ing.),1985L0384 — EN — 01.05.2004 — 004.001 — 15
▼A2
— diploma in the field of study ‘architecture’ (‘architektúra)’
awarded by the Faculty of Architecture and Building Construc-tion of the Slovak Technical University (Fakulta architektúry a
pozemného stavite ľstva, Slovenská vysoká škola technická) in
Bratislava in 1952 - 1960 (title: Ing. arch.),
— diploma in the field of study ‘building construction’ (‘pozemné
stavite ľstvo)’ awarded by the Faculty of Architecture and
Building Construction of the Slovak Technical University
(Fakulta architektúry a pozemného stavite ľstva, Slovenská
vysoká škola technická) in Bratislava in 1952 - 1960 (title:Ing.),
— diploma in the field of study ‘architecture’ (‘architektúra)’
awarded by the Civil Engineering Faculty of the Slovak Tech-
nical University (Stavebná fakulta, Slovenská vysoká školatechnická) in Bratislava in in 1961 - 1976 (title: Ing. arch.),
— diploma in the field of study ‘building construction’ (‘pozemné
stavby)’ awarded by the Civil Engineering Faculty of the
Slovak Technical University (Stavebná fakulta, Slovenská
vysoká škola technická) in Bratislava in 1961 - 1976, (title:Ing.),
— diploma in the field of study ‘architecture’ (‘architektúra)’
awarded by the Faculty of Architecture of the Slovak Tech-
nical University (Fakulta architektúry, Slovenská vysoká škola
technická) in Bratislava since 1977 (title: Ing. arch.),
— diploma in the field of study ‘urban design’(‘urbanizmus)’
awarded by the Faculty of Architecture of the Slovak Tech-nical University (Fakulta architektúry, Slovenská vysoká škola
technická) in Bratislava since 1977 (title: Ing. arch.),
— diploma in the field of study ‘building construction’ (‘pozemné
stavby)’ awarded by the Civil Engineering Faculty of theSlovak Technical University (Stavebná fakulta, Slovenská tech-nická univerzita) in Bratislava in 1977- 1997 (title: Ing.),
— diploma in the field of study ‘architecture and building
construction’ (‘architektúra a pozemné stavby)’ awarded bythe Civil Engineering Faculty of the Slovak Technical Univer-sity (Stavebná fakulta, Slovenská technická univerzita) inBratislava since 1998 (title: Ing.),
— diploma in the field of study ‘building construction - speciali-
sation: architecture’ (‘pozemné stavby - špecializácia:architektúra)’ awarded by the Civil Engineering Faculty of theSlovak Technical University (Stavebná fakulta, Slovenská tech-
nická univerzita ) in Bratislava in 2000 - 2001 (title: Ing.),
— diploma in the field of study ‘building construction and archi-
tecture’ (‘pozemné stavby a architektúra)’ awarded by the CivilEngineering Faculty of the Slovak Technical University(Stavebná fakulta - Slovenská technická univerzita) in Brati-
slava since 2001 (title: Ing.),
— diploma in the field of study ‘architecture’ (‘architektúra)’
awarded by the Academy of Fine Arts and Design (Vysokáškola výtvarných umení) in Bratislava since 1969 (title: Akad.arch. until 1990; Mgr. in 1990 - 1992; Mgr. arch. in
1992 - 1996; Mgr. art. since 1997),
— diploma in the field of study ‘building construction’ (‘pozemné
stavite ľstvo)’ awarded by the Civil Engineering Faculty of the
Technical University (Stavebná fakulta,Technická univerzita)in Košice in 1981- 1991 (title: Ing.),
all accompanied by:
— an authorisation certificate issued by the Slovak Chamber of
Architects (Slovenská komora architektov in Bratislava withoutany specification of the field or in the field of ‘buildingconstruction’ (‘pozemné stavby’ ) or ‘land use planning’
(‘územné plánovanie’),
— an authorisation certificate issued by the Slovak Chamber of
Civil Engineers (Slovenská komora stavebných inžinierov) inBratislava in the field of building construction (‘pozemnéstavby’).1985L0384 — EN — 01.05.2004 — 004.001 — 16
▼A2
Article 11a
1. In the case of nationals of the Member States whose diplomas,
certificates and other evidence of formal qualifications in the field ofarchitecture were awarded by, or whose training started in, the formerCzechoslovakia before 1 January 1993, each Member State shall recog-nise those diplomas, certificates and other evidence of formal
qualifications in the field of architecture when the authorities of the
Czech Republic attest that those qualifications have, on its territory,the same effect as the Czech qualifications in architecture listed inArticle 11 as regards the taking up and pursuit of the activities referredto in Article 1, subject to compliance with Article 23. Januar 1993.Such attestation must be accompanied by a certificate issued by the
same authorities stating that those Member State nationals have effec-
tively and lawfully been engaged in activities in the field ofarchitecture in the territory of the Czech Republic for at least threeconsecutive years during the five years prior to the date of issue ofthe certificate.
2. In the case of nationals of the Member States whose diplomas,
certificates and other evidence of formal qualifications in the field ofarchitecture were awarded by, or whose training started in, the formerSoviet Union before 20 August 1991, each Member State shall recog-
nise those diplomas, certificates and other evidence of formal
qualifications in the field of architecture when the authorities ofEstonia attest that those qualifications have, on its territory, the sameeffect as the Estonian qualifications in architecture listed in Article 11as regards the taking up and pursuit of the activities referred to inArticle 1, subject to compliance with Article 23. Such attestation must
be accompanied by a certificate issued by the same authorities stating
that those Member State nationals have effectively and lawfully beenengaged in activities in the field of architecture in the territory ofEstonia for at least three consecutive years during the five years priorto the date of issue of the certificate.
3. In the case of nationals of the Member States whose diplomas,
certificates and other evidence of formal qualifications in the field ofarchitecture were awarded by, or whose training started in, the formerSoviet Union before 21 August 1991, each Member State shall recog-
nise those diplomas, certificates and other evidence of formal
qualifications in the field of architecture when the authorities of Latviaattest that those qualifications have, on its territory, the same effect asthe Latvian qualifications in architecture listed in Article 11 as regardsthe taking up and pursuit of the activities referred to in Article 1,subject to compliance with Article 23. Such attestation must be accom-
panied by a certificate issued by the same authorities stating that those
Member State nationals have effectively and lawfully been engaged inactivities in the field of architecture in the territory of Latvia for atleast three consecutive years during the five years prior to the date ofissue of the certificate.
4. In the case of nationals of the Member States whose diplomas,
certificates and other evidence of formal qualifications in the field ofarchitecture were awarded by, or whose training started in, the formerSoviet Union before 11 March 1990, each Member State shall recog-
nise those diplomas, certificates and other evidence of formal
qualifications in the field of architecture when the authorities ofLithuania attest that those qualifications have, on its territory, thesame effect as the Lithuanian qualifications in architecture listed inArticle 11 as regards the taking up and pursuit of the activities referred
to in Article 1, subject to compliance with Article 23. Such attestation
must be accompanied by a certificate issued by the same authoritiesstating that those Member State nationals have effectively and lawfullybeen engaged in activities in the field of architecture in the territory ofLithuania for at least three consecutive years during the five years priorto the date of issue of the certificate.
5. In the case of nationals of the Member States whose diplomas,
certificates and other evidence of formal qualifications in the field ofarchitecture were awarded by, or whose training started in, the formerCzechoslovakia before 1 January 1993, each Member State shall recog-1985L0384 — EN — 01.05.2004 — 004.001 — 17
▼A2
nise those diplomas, certificates and other evidence of formal qualifica-
tions in the field of architecture when the authorities of Slovakia attestthat those qualifications have, on its territory, the same effect as the
Slovak qualifications in architecture listed in Article 11 as regards the
taking up and pursuit of the activities referred to in Article 1, subject tocompliance with Article 23. Such attestation must be accompanied by acertificate issued by the same authorities stating that those MemberState nationals have effectively and lawfully been engaged in activities
in the field of architecture in the territory of Slovakia for at least three
consecutive years during the five years prior to the date of issue of thecertificate.
6. In the case of nationals of the Member States whose diplomas,
certificates and other evidence of formal qualifications in the field ofarchitecture were awarded by, or whose training started in, Yugoslaviabefore 25 June 1991, each Member State shall recognise thosediplomas, certificates and other evidence of formal qualifications inthe field of architecture when the authorities of Slovenia attest that
those qualifications have, on its territory, the same effect as the Slove-
nian qualifications in architecture listed in Article 11 as regards thetaking up and pursuit of the activities referred to in Article 1, subjectto compliance with Article 23. Such attestation must be accompaniedby a certificate issued by the same authorities stating that those
Member State nationals have effectively and lawfully been engaged in
the activities in the field of architecture in the territory of Slovenia forat least three consecutive years during the five years prior to the date ofissue of the certificate.
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 activitiesreferred to in Article 1 under the professional title of architect,
stating that the holder has received authorization to bear the profes-
sional title of architect before the implementation of this Directiveand has effectively exercised the activities in question under suchregulations for at least three consecutive years during the five yearspreceding 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 pursuitof the activities referred to in Article 1 under the professional titleof architect, stating that the holder has received authorization to
bear the professional title of architect at the time when this Direc-
tive is implemented and has effectively exercised the activities inquestion under such regulations for at least three consecutive yearsduring the five years preceding the issue of the certificate.
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
person concerned while actually pursuing the activities referred to inArticle 1 for 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 8May 1945 onwards by the competent authorities of the German Demo-1985L0384 — EN — 01.05.2004 — 004.001 — 18
▼B
▼B
cratic Republic with the formal qualifications listed in Article 11 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 downin Chapter II or Chapter III have the right to use their lawful academictitle and, where appropriate, the abbreviation thereof deriving fromtheir Member State of origin or the Member State from which they
come, in the language of that State. Host Member States may require
this title to be followed by the name and location of the establishmentor 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 comes in a suitable form to be specified by the host MemberState.
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 theactivities 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
in the Member State from which the foreign national comes, attesting
that the requirements of that Member State as to good character orgood 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 good char-acter or good repute of persons wishing to take up the activity inquestion for the first time, the host Member State may require ofnationals of the Member State of origin or of the Member State from
which the foreign national comes an extract from the ‘judicial record’
or, failing this, an equivalent document issued by a competent authorityin the Member State of origin or the Member State from which theforeign national comes.
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 declarationon oath — or, in States where there is no provision for declaration on
oath, by a solemn declaration — made by the person concerned before
a competent judicial or administrative authority or, where appropriate,a notary or qualified professional body of the Member State of originor the Member State from which the person comes; such authority ornotary shall issue a certificate attesting the authenticity of the declara-tion on oath or solemn declaration.1985L0384 — EN — 01.05.2004 — 004.001 — 19
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4. If the host Member State has detailed knowledge of a serious
matter which has occurred outside its territory prior to the establish-ment of the person concerned in that State, or if it knows that the
declaration referred to in paragraph 3 contains incorrect information
and if the matter or information is likely to affect the taking up withinits territory of the activity concerned, it may inform the Member Stateof 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 faras they might affect the taking up of the activity in question in thatMember State. The authorities in that State shall themselves decide onthe nature and 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 administra-
tive provisions impose requirements as to good character or goodrepute, including provisions in relation to the pursuit of the activities
referred to in Article 1 for disciplinary action in respect of serious
professional misconduct or conviction on criminal offences, theMember State of origin or the Member State from which the foreignnational comes shall forward to the host Member State all necessaryinformation regarding any measures or disciplinary action of a profes-
sional or administrative nature taken against the person concerned or
any criminal penalties concerning the practise of his profession in theMember State of origin or 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 establish-
ment of the person concerned in that State and which is likely toaffect the pursuit of the activity concerned in that State, it may informthe Member State of origin or the Member State from which theforeign 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 faras they might affect the pursuit of the activity concerned in that State.The authorities of that State shall themselves decide on the nature andextent of the investigation to be made and shall inform the host
Member State of any consequential action which they take with regard
to the information 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, mustbe completed as soon as possible and not later than three months after
presentation of all the documents relating to that person, without preju-
dice 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 in para-
graph 1.
The Member State consulted shall give its reply within a period of
three months.1985L0384 — EN — 01.05.2004 — 004.001 — 20
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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 ormake a solemn declaration and where the form of such oath or declara-
tion cannot be used by nationals of other Member States, that Member
State shall ensure that an appropriate and equivalent form of oath ordeclaration 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 author-ization 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 that require-
ment.
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 para-
graph 2 relating to the provision of services, Member States may, so asto permit the implementation of the provisions relating to professional
conduct in force in their territory, require automatic temporary registra-
tion or pro forma registration with a professional organization or body
or in a register, provided that this registration does not delay or in anyway complicate the provision of services or impose any additionalcosts 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 servicesto be provided where they involve the execution of a project in its terri-tory.
3. Pursuant to paragraphs 1 and 2, the host Member State may
require the person concerned to supply one or more documents
containing the following 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 is estab-lished,
— a certificate that the person concerned holds the diploma(s), certifi-
cate(s) or other evidence of formal qualifications required for theprovision of the services in question and that those qualificationscomply with the criteria in Chapter II or are as listed in Chapter
III of this Directive;
— where appropriate, the certificate referred to in Article 23 (2).
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 temporaryor permanent withdrawal of the certificate referred to in the secondindent of paragraph 3.1985L0384 — EN — 01.05.2004 — 004.001 — 21
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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
in Chapter II or whose diplomas certificates or other evidence offormal qualifications referred to in Article 11 have been recognizedunder Article 10 shall be vested with the professional title of the hostMember State and the abbreviated form thereof once they have fulfilled
any conditions 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 the
possession of a diploma, certificate or other evidence of formal qualifi-cations as referred to in Article 11, to the completion of a given periodof practical experience, the Member State concerned shall accept assufficient 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 be recog-nized 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 proofof no previous bankruptcy and where the information provided
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M4 pursuant 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, asolemn declaration — made by the person concerned before a compe-
tent judicial or administrative authority, a notary or qualified
professional body of the Member State of origin or of the MemberState from which the person comes; such authority or notary shall issuea certificate attesting the authenticity of the declaration on oath orsolemn declaration.
Where, in the host Member State, sound financial standing must be
proved, that Member State shall accept attestations issued by banks ofother Member States as being equivalent to attestations issued in itsown territory.
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 thatthey are covered by insurance against the financial consequences of
their professional liability, that State shall accept certificates issued by
the insurance undertakings of other Member States as being equivalentto certificates issued in its own territory. Such certificates must specifythat the insurer has complied with the laws and regulations in force inthe host Member State as regards the conditions and extent of cover.
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 applic-able, on the professional ethics of the host Member State.1985L0384 — EN — 01.05.2004 — 004.001 — 22
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For this purpose, Member States may set up information centres from
which such persons may obtain the necessary information. In the eventof establishment, the host Member States may require them to contact
these 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 first subpar-agraph 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,
the linguistic knowledge needed to follow their profession in the host
Member 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 authenti-city of the diplomas, certificates and other evidence of formalqualifications awarded in that other Member State and referred to in
Chapters 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 empow-
ered to issue or receive diplomas, certificates and other evidence offormal qualifications as well as the documents and information referredto in this Directive, and shall forthwith inform the other Member Statesand 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
this Directive on the basis of experience and if necessary submit tothe Council proposals for amendments after consulting the AdvisoryCommittee. 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 noti-
fication within which to comply with Article 22.
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 — 01.05.2004 — 004.001 — 23