85/384/EEC - - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its con-
tents
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 establish-
ment and freedom to provide services
(85/384/EEC)
(OJ No L 223, 21. 8. 1985, p. 15.)
Amended by:
Official Journal
No page date
Council Directive of 20 December 1985 (85/614/EEC) L 376 1 31. 12. 1985Council Directive of 27 January 1986 (86/17/EEC) L 27 71 1. 2. 1986Council Directive of 4 December 1990 (90/658/EEC) L 353 73 17. 12. 1990
Corrected
by:
Corrigendum (86/17/EEC) L 87 36 2. 4. 1986
85/384/EEC - - - I
ICOUNCIL 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 establish-
ment and freedom to provide services
(85/384/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the T reaty 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 Parlia-
ment(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas, pursuant to the T reaty, all discriminatory treat-
ment based on nationality with regard to establishment
and provision of services is prohibited as from the end of
the transitional period; whereas the resulting principle of
non-discriminatory treatment as regards nationality 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 organiz-
ations or bodies;
Whereas it nevertheless seems desirable that certain provi-
sions be introduced to facilitate the effective exercise of
the right of establishment and freedom to provide services
in respect of activities in the field of architecture;
Whereas, pursuant to the T reaty, Member States are re-
quired not to grant any form of aid likely to distort the
conditions of establishment;
Whereas Article 57 (1) of the T reaty provides that direc-
tives be issued for the mutual recognition of diplomas, cer-
tificates and other evidence of formal qualifications;
Whereas architecture, the quality of buildings, the way
they blend in with their surroundings, respect for the natu-
ral and urban environment and the collective and individ-
ual cultural heritage are matters of public concern; where-
as, therefore, the mutual recognition of diplomas,
certificates and other evidence of formal qualifications
must be founded on qualitative and quantitative criteria
ensuring that the holders of recognized diplomas, certifi-
cates and other evidence of formal qualifications are able
to understand and give practical expression to the needs of
individuals, social groups and communities as regards spa-
tial planning, the design, organization and construction of
buildings, the conservation and enhancement of the archi-
tectural heritage and preservation of the natural balance;
Whereas methods of education and training for those prac-
tising professionally in the field of architecture are at pres-
ent very varied; whereas, however, provision should be
made for progressive alignment of education and training
leading to the pursuit of activities under the professional
title of architect;
(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.
85/384/EEC - - - I
IIWhereas, in some Member States, the taking up and pur-
suit of the activities of architect are by law conditional
upon the possession of a diploma in architecture where, in
certain other Member States where this condition does not
exist, the right to hold the professional title of architect is
none the less governed by law; whereas, finally, in some
Member States where neither the former nor the latter is
the case, laws and regulations are being prepared on the
taking up and pursuit of these activities under the pro-
fessional title of architect; whereas, therefore, the condi-
tions under which such activities may be taken up and pur-
sued 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, certificates and other evidence of for-
mal qualifications authorize the taking up and pursuit of
certain activities in the Member State of issue whereas,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 accord-
ance with legal provisions still to be adopted in the
Member State of Issue, to take up activities under the pro-
fessional title of architect;
Whereas acquisition of the lawful professional title of
architect is subject in some Member States to completion
of a period of practical experience in addition to the pos-
session of a diploma, certificate or other evidence of for-
mal qualifications; whereas, since practice in this respect of
present varies from one Member State to another, to obvi-
ate possible difficulties completion of an equal period of
appropriate practical experience in another Member State
should be recognized as meeting this condition;
Whereas the reference in Article 1 (2) to ‘activities in the
field of architecture’ as being ‘those activities usually pur-
sued under the professional title of architect’, the justifica-
tion for which lies in the conditions prevailing in certain
Member States, is intended solely to indicate the scope of
this Directive, without claiming to give a legal definition of
activities in the field of architecture;
Whereas, in most Member States, activities in the field of
architecture are pursued, in law or in fact, by persons who
hold the title of architect, whether alone or together with
another title, without those persons having 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 pro-fessions, in particular by engineers who have received
special training in construction engineering or building;
Whereas the mutual recognition of qualifications will facili-
tate the taking up and pursuit of the activities in question;
Whereas in some Member States there is legislation allow-
ing the lawful professional title of architect, by way of ex-
ception and notwithstanding the usual educational and
training requirements for access to the title, to be granted
to certain distinguished persons in the field, who are very
few in number and whose work shows exceptional architec-
tural talent; whereas the case of these architects should be
covered in this Directive, particularly since they frequently
enjoy an international reputation;
Whereas the recognition of a number of the existing di-
plomas, certificates and other evidence of formal qualifica-
tions in architecture listed in Articles 10 to 12 is intended
85/384/EEC - - - I
IIIto enable the holders thereof to establish themselves or
provide services in other Member States with immediate
effect; whereas the sudden introduction of this provision in
the Grand Duchy of Luxembourg could, in view of the
country’s small size, lead to distortion of competition and
disturb the organization of the profession; whereas, as a
result, there appears to be justification for allowing this
Member State an additiional (SIC! additional) period of
adjustment;
Whereas, since a Directive on the mutual recognition of
diplomas, certificates and other evidence of formal qualifi-
cations in architecture does not necessarily imply practical
equivalence in the education and training covered by such
diplomas, certificates and evidence, the use of titles should
be authorized only in the language of the Member State of
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 evidence of qualifications, persons who sa-
tisfy the educational and training requirements of this Di-
rective must provide a certificate from the competent au-
thorities of their Member State of origin or of the country
from which they come stating that these qualifications are
those referred to by the Directive;
Whereas the national provisions with regard to good re-
pute and good character may be applied as standards for
the taking up of activities if establishment takes place;
whereas, moreover, in the circumstances a distinction
should be drawn between cases in which the persons con-
cerned have never yet exercised any activities in the field
of architecture and those in which they have already exer-
cised such activities in another Member State;
Whereas, in the case of the provision of services, the re-
quirement of registration with, or membership of, pro-
fessional organizations or bodies would, since it is related
to the fixed and permanent nature of the activity pursued
in the host Member State, undoubtedly constitute an ob-
stacle to the provider of services by reason of the tempo-
rary nature of his activity; whereas this requirement should
therefore be abolished; whereas, however, in this event
control over professional discipline, which is the responsi-
bility of the&pound;e professional organizations or bodies,
should be guaranteed; whereas, to this end, it should be
provided, subject to the application of Article 62 of the
T reaty, that the person concerned may be required to no-tify the provision of services to the competent authority of
the host Member State;
Whereas, as far as the activities of employed persons in
the field of architecture are concerned, Council Regulation
(EEC) No 1612/68 of 15 October 1968 on freedom of
movement for workers within the Community
(4)lays down
no specific provisions relating to good character or good
repute, professional discipline or use of title for the pro-
fessions covered; whereas, depending on the individual
Member State, such rules are or may be applicable both to
employed and to self-employed persons; whereas activities
in the field of architecture are subject in several Member
States to possession of a diploma, certificate or other evi-
dence of formal qualifications; whereas such activities are
pursued by both employed and self-employed persons, or
(4)OJ No L 257, 19. 10. 1968, p. 2.
85/384/EEC - - - I
IVby the same persons in both capacities in the course of
their professional career; whereas, in order to encourage
fully the free movement of 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 di-
plomas, certificates and other evidence of formal qualifica-
tions giving access to professional activities, without con-
comitant coordination of national provisions relating to
education and training; whereas, moreover, the number of
members of the profession who are concerned varies con-
siderably from one Member State to another; whereas the
first few years of application of this Directive must there-
fore be followed particularly attentively by the Commis-
sion,
HAS ADOPTED THIS DIRECTIVE:
85/384/EEC - - - I
1CHAPTER I
SCOPE
Article 1
l. This Directive shall apply to activities in the field of
architecture.
2. For the purposes of this Directive, activities in the
field of architecture shall be those activities usually pur-
sued under the professional title of architect
CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE
OF FORMAL QUALIFICATIONS ENABLING THE
HOLDER TO TAKE UP ACTIVITIES IN THE FIELD OF
ARCHITECTURE UNDER THE PROFESSIONAL TITLE
OF ARCHITECT
Article 2
Each Member State shall recognize the diplomas, certifi-
cates and other evidence of formal qualifications acquired
as a result of education and training fulfilling the require-
ments 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 qualifi-
cations, as regards the right to take up activities referred
to in Article l and pursue them 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 atuniversity level concerned principally with architecture.
Such studies shall be balanced between the theoretical and
practical aspects of architectural training and shall ensure
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 architectural design,
4. an adequate knowledge of urban design, planning and
the skills involved in the planning process,85/384/EEC
85/384/EEC - - - I
25. an understanding of the relationship between people
and buildings, and between buildings and their envi-
ronment, 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 take account 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, construc-
tional and engineering problems associated with build-
ing 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’ re-
quirements within the constraints imposed by cost fac-
tors and building regulations,
11. an adequate knowledge of the industries, organiz-
ations, regulations and procedures involved in trans-
lating design concepts into buildings and integrating
plans into overall planning.
Article 4
1. The education and training referred to in Article 2
must satisfy the requirements defined in Article 3 and also
the following conditions:
(a) the total length of education and training shall consist
of a minimum of either four years of full time studies
at a university or comparable educational establish-
ment, or at least six years of study at a university or
comparable educational establishment of which at
least three must be full time;
(b) such education and training shall be concluded by
successful completion of an examination of degreestandard.85/384/EEC
85/384/EEC - - - I
3Notwithstanding the first subparagraph, recognition under
Article 2 shall also be accorded to the training given over
three years in the ‘Fachhochschulen’ in the Federal Re-
public of Germany in the form in which it exists at the
time of notification of this Directive and in so far as it
satisfies the requirements laid down in Article 3, giving ac-
cess to the activities referred to in Article l in that
Member State with the professional title of architect, pro-
vided that such training is supplemented by a four-year
period of professional experience in the Federal Republic
of Germany sanctioned by a certificate issued by the pro-
fessional body on whose list the architect wishing to bene-
fit from the provisions of this Directive is registered. The
body shall previously have established that the work car-
ried out by the architect concerned in the field of architec-
ture constitutes conclusive proof of the practical applica-
tion of all the knowledge referred to in Article 3. Thecertificate shall be issued according to the same procedure
as that which applies to registration on the list of archi-
tects.
On the basis of the experience gained and bearing in mind
developments in architectural training, the Commission
shall, eight years after the end of the period specified in
the first subparagraph of Article 31 (1), submit a report to
the Council on the application of this derogation and the
appropriate proposals on which the Council shall decide in
accordance with the procedures laid down by the T reaty
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 better-
ment scheme or a part-time university course, conforms to
the requirements of Article 3 and leads to an examination
in architecture successfully completed by persons 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 final examination 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 of Member States who
have particularly distinguished themselves by their achieve-
ments in the field of architecture shall be considered as
meeting the requirements laid down for the pursuit of
architectural activities under the professional title of archi-
tect
2. In the case of those persons referred to in paragraph
1, a certificate issued by the Member State of which the
holder is a national, or from which he comes, shall consti-
tute proof of the status of architect.85/384/EEC
85/384/EEC - - - I
4Article 7
1. Each Member State shall communicate as soon as
possible, simultaneously to the other Member States and
to the Commission, the list of diplomas, certificates and
other evidence of formal qualifications which are awarded
within its territory and which meet the criteria laid down
in Articles 3 and 4, together with the establishments and
authorities awarding them.
The first list shale be sent within 12 months of notification
of this Directive.
Each Member State shall likewise communicate any
amendments made as regards the diplomas, certificates and
other evidence of formal qualifications 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 Offi-
cial Journal of the European Communities after expiry of a
three-month period following their communication. How-
ever, in the cases referred to in Article 8, the publication
of a diploma, certificate or other evidence of formal
qualifications shall be deferred. Consolidated lists shall be
published periodically 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 Advis-
ory Committee on Education and T raining in the Field of
Architecture within three months of communication pursu-
ant to Article 7 (1). The Committee shall deliver its opin-
ion within three months.
The diploma, certificate or other evidence of formal
qualifications shall be published within the three months
following delivery of the opinion or expiry of the deadline
for delivery thereof except in the following two cases:
— where the awarding Member State amends the com-
munication made pursuant to Article 7 (1)
or
— where a Member State or the Commission imple-
ments Articles 169 or 170 of the T reaty with a view to
bringing the matter before the Court of Justice of the
European Communities.90/658/EEC - - - deteled
85/384/EEC
85/384/EEC - - - I
5Article 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 di-
ploma, certificate or other evidence of formal qualifications
included on one of the lists published in the Official jour-
nal of the European Communities still meets the require-
ments of Articles 3 and 4. The Committee shale deliver its
opinion within three months.
2. The Commission shall withdraw a diploma from one
of the lists published in the Official Journal of the Euro-
pean Communities either in agreement with the Member
State concerned or following a ruling by the Court of Jus-
tice.
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, certifi-
cates and other evidence of formal qualifications set out in
Article 11, awarded by other Member States to nationalsof the Member States, where such nationals already pos-
sess these qualifications at the time of notification of this
Directive or their studies leading to such diplomas, certifi-
cates and other evidence of formal qualifications com-
mences during the third academic year at the latest follow-
ing much notification, even if those qualifications do not
fulfil the minimum requirements laid down in Chapter II,
by giving them as regards the taking up and pursuit of the
activities referred to in Article 1 and subject to compliance
with Article 23, the same effect within its territory as the
diplomas, certificates and other evidence of formal qualifi-
cations 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 ‘T ech-
nische Hochschulen’, of technical universities, of
universities and, in so far as these institutions
have been merged into ‘Gesamthochschulen’, of
‘Gesamthochschulen’ (Dipl.-Ing. and any other
title which may be laid down later for holders of
these diplomas);85/384/EEC
85/384/EEC - - - I
6— the diplomas awarded by the departments of
architecture (Architektur/Hochbau) of ‘Fachhoch-
schulen’ and, in so far as these institutions have
been merged into ‘Gesarnthochschulen’, by the
departments of architecture (Architektur/Hoch-
bau) of ‘Gesamthochschulen’, accompanied,
where the period of study is less than four years
but at least three years, by a certificate attesting
to a four-year period of professional experience
in the Federal Republic of Germany issued by
the professional body in accordance with the sec-
ond 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 architec-
ture of ‘Ingenieurschulen’ and of ‘Werkkunst-schulen’, accompanied by a certificate from the
competent authorities to the effect that the per-
son concerned has passed a test of his formal
qualifications in accordance with Article 13;
(b) in Belgium
— the diplomas awarded by the higher national
schools of architecture or the higher national in-
stitutes of architecture (architecte — architect);
— the diplomas awarded by the higher provincial
school of architecture of Hasselt (architect);
— the diplomas awarded by the Royal Academies
of Fine Arts (architecte — architect);
— the diplomas awarded by the ‘écoles Saint—Luc’
(architecte — architect);
— university diplomas in civil engineering, accompa-
nied by a traineeship certificate awarded by the
association of architects entitling the holder to
hold the professional title of architect (architecte
— architect);
— the diplomas in architecture awarded by the cen-
tral or State examining board for architecture
(architecte — architect);
— the civil engineering/architecture diplomas and
architecture/engineering diplomas awarded by the
faculties of applied sciences of the universities
and by the Polytechnical Faculty of Mons (ingé-
nieur-architecte, ingenieur-architect);
(c) in Denmark
— the diplomas awarded by the National Schools of
Architecture in Copenhagen and Århus (arki-
tekt);
— the certificate of registration issued by the Board
of Architects pursuant to Law No 202 of 28 May
1975 (registreret arkitekt);85/384/EEC
85/384/EEC - - - I
7— diplomas awarded by the Higher Schools of Civil
Engineering (bygningskonstrukør), accompanied
by a certificate from the competent 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 subse-
q u e n t l yb yt h eM i n i s t r yo fC u l t u r a lA f f a i r s
(architecte DPLG);
— the diplomas awarded by the ‘Ecole spéciale
d’architecture’ (architecte DESA);
— the diplomas awarded since 1955 by the depart-
ment of architecture of the ‘Ecole nationale su-
périeure des Arts et Industries de Strasbourg’
(formerly the ‘Ecole nationale d’ingénieurs deStrasbourg’) (architecte ENSAIS);
(e) in Greece
— the engineering/architecture diplomas awarded by
the METSOVION POL YTECHNION of Athens,
together with a certificate issued by Greece’s
T echnical Chamber conferring the right to pursue
activities in the field of architecture;
— the engineering/architecture diplomas awarded by
the ARISTOTELION PANEPISTIMION of
Thessaloniki, together with a certificate issued by
Greece’s T echnical Chamber conferring the right
to pursue activities in the field of architecture;
— the engineering/civil engineering diplomas
awarded by the METSOVION POL YTECH-
NION of Athens, together with a certificate is-
sued by Greece’s T echnical Chamber conferring
the right to pursue activities in the field of archi-
tecture;
— the engineering/civil engineering diplomas
awarded by the ARISTOTELION PANEPISTI-
MION of Thessaloniki, together with a certificate
issued by Greece’s T echnical Chamber conferring
the right to pursue activities in the field of archi-
tecture;
— the engineering/civil engineering diplomas
awarded by the P ANEPISTIMION THRAKIS,
together with a certificate issued by Greece’s
T echnical Chamber conferring the right to pursue
activities in the field of architecture;
— the engineering/civil engineering diplomas
awarded by the PANEPISTIMION PATRON, to-
gether with a certificate issued by Greece’s
T echnical Chamber conferring the right to pursue
activities in the field of architecture;85/384/EEC
85/384/EEC - - - I
8(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 T echnology, Bolton
Street, Dublin (Dipl. Arch.);
— the Certificate of Associateship of the Royal In-
stitute of Architects of Ireland (ARIAI);
— the Certificate of Membership of the Royal Insti-
tute of Architects of Ireland (MRIAI);
(g) in Italy
— ‘laurea in architettura’ diplomas awarded by uni-
versities, polytechnic institutes and the higher in-
stitutes of architecture of Venice and Reggio Ca-
labria, accompanied by the diploma entitling theholder to pursue independently the profession of
architect, awarded by the Minister for Education
after the candidate has passed, before a compet-
ent board, the State examination entitling him to
pursue independently the profession of architect
(dott. Architetto);
— ‘laurea in ingegneria’ diplomas in building con-
struction (‘sezione costruzione civile’) awarded by
universities and polytechnic institutes, accompa-
nied by the diploma entitling the holder to pur-
sue independently a profession in the field of
architecture, awarded by the Minister for Educa-
tion after the candidate has passed, before a
competent board, the State examination entitling
him to pursue the profession independently
(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 techni-
cal colleges of Delft or Eindhoven (bouwkundig
ingenieur);
— the diplomas awarded by State-recognized archi-
tectural academies (architect);
— the diploma awarded until 1971 by the former
architectural colleges (Hoger Bouwkunstonder-
richt) (architect HBO);
— the diploma awarded until 1970 by the former
architectural colleges (Voortgezet Bouwkunston-
derricht) (architect VBO);85/384/EEC
85/384/EEC - - - I
9— the certificate stating that the person concerned
has passed an examination organized by the
Architects Council of the ‘Bond van Nederlandse
Architecten’ (Order of Dutch Architects, BNA)
(architect);
— the diploma of the ‘Stichting Instituut voor
Architectuur’ (‘Institute of Architecture’ Founda-
tion) (IVA) awarded on completion of a course
organized by this foundation and extending over
a minimum period of four years (architect), ac-
companied by a certificate from the competent
authorities to the effect that the person con-
cerned has passed test of his formal qualifica-
tions 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, the person concernedpassed the degree examination of ‘Kandidaat in
de bouwkunde’ organized by the technical col-
leges of Delft or Eindhoven and that, over a
period of at least five years immediately prior to
that date, he pursued architectural activities the
nature and importance of which, in accordance
with Netherlands requirements, guarantee that he
is competent to pursue those activities (archi-
tect);
— a certificate issued by the competent authorities
only to persons who have reached the age of 40
years before the date of entry into force of this
Directive, certifying that, over a period of at
least five yearn immediately prior to that date,
the person concerned had pursued architectural
activities the nature and importance of which, in
accordance with Netherlands requirements, guar-
antee that he is competent to pursue those acti-
vities (architect);
the certificates referred to in the seventh and eighth
indents need no longer be recognized as from the
date of entry into force of laws and regulations in the
Netherlands governing the taking up and pursuit of
architectural activities under the professional title of
architect, in so far as under such provisions those cer-
tificates do not authorize the taking up of such acti-
vities under that professional title;
(i) in the United Kingdom
— the qualifications awarded following the passing
of examinations of:
— the Royal Institute of British Architects;
— schools of architecture at:
— universities,
— polytechnics,
— colleges,
—a c a d e m i e s ,85/384/EEC
85/384/EEC - - - I
10— schools of technology and art,
which were, or are at the time of the adoption of
this Directive, recognized by the Architects Reg-
istration Council of the United Kingdom for the
purpose of admission to the Register (Architect);
— a certificate stating that its holder has an estab-
lished right to hold the professional title of
architect by virtue of section 6 (1) a, 6 (l) b or 6
(l) d of the Architects Registration Act 1931
(Architect);
— a certificate stating that its holder has an estab-
lished right to hold the professional title of
architect by virue (SIC! virtue) of section 2 of
the Architects Registration Act 1938 (Architect).
(j) in Spain
— the official formal qualification of an architect
(título oficial de arquitecto) awarded by the Min-istry of Education and Science or by the univer-
sities,
(k) in Portugal
— the Diploma ‘‘diploma do curso especial de ar-
quitectura’’ 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 arqui-
tectura’’ awarded by the Higher School of Fine
Arts of Lisbon,
— the Diploma ‘‘carta de curso de licenciatura em
arquitectura’’ awarded by the T echnical Univer-
sity of Lisbon and the University of Porto.
— the university diploma in civil engineering
awarded by the Higher T echnical Institute of the
T echnical University of Lisbon (Licenciatura em
engenharia civil),
— the university diploma in civil engineering
awarded by the Faculty of Engineering (Engen-
haria) of the University of Oporto (Licenciatura
em engenharia civil),
— the university diploma in civil engineering
awarded by the Faculty of Science and T echnol-
ogy of the University of Coimbra (Licenciaturaem engenharia civil),
— the university diploma in civil engineering (pro-
duction) awarded by the University of Minho
(Licenciatura em engenharia civil (produção)).85/384/EEC
85/614/EEC
86/17/EEC
Corrigendum (OJ No L 87, 2. 4. 1986, p. 36)
85/384/EEC - - - I
11Article 12
Without prejudice to Article 10, each Member State shall
recognize, by giving them as regards the taking up and
pursuit under the professional title of architect of the acti-
vities 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 this Directive governing the
taking up and pursuit of the activities referred to in
Article 1 under the professional title of architect, stat-
ing that the holder has received authorization to bear
the professional title of architect before the imple-
mentation of this Directive and has effectively exer-
cised the activities in question under such regulations
for at least three consecutive years during the fivey e a r sp r e c e d i n gt h ei s s u eo ft h ec e r t i f i c a t e ;
— certificates issued to nationals of Member States by
Member States which between the time of notification
and implementation of the Directive introduce regula-
tions governing the taking up and pursuit of the acti-
vities referred to in Article 1 under the professional
title of architect, stating that the holder has received
authorization to bear the professional title of architect
at the time when this Directive is implemented and
has effectively exercised the activities in question
under such regulations for at least three consecutive
years during 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 whileactually pursuing the activities referred to in Article 1 for
not less than six years.
Article 14
Certificates issued by the competent authorities of the Fed-
eral Republic of Germany attesting the equivalence of
qualifications awarded from 8 May 1945 onwards by the
competent authorities of the German Democratic Republic
with the formal qualifications listed in Article 11 shall be
recognized under the conditions listed in that Article.85/384/EEC
85/384/EEC - - - I
12Article 15
The Grand Duchy of Luxembourg shall be authorized,
without prejudice to Article 5, to suspend application of
Articles 10, 11 and 12 as regards the recognition of non-
university diplomas, certificates and other evidence of for-
mal qualifications, in order to avoid distortions of competi-
tion, for a transitional period of four-and-a-half years from
the date of notification of this Directive.
CHAPTER IV
USE OF ACADEMIC TITLE
Article 16
1. Without prejudice to Article 23, host Member States
shall ensure that the nationals of Member States who fulfil
the conditions laid down in Chapter II or Chapter III have
the right to use their lawful academic title and, where ap-
propriate, the abbreviation thereof deriving from their
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 establishment or examining board
which awarded it.
2. If the academic title used in the Member State of ori-
gin, or in the Member State from which a foreign national
comes, can be confused in the host Member State with atitle requiring, in that State, additional education or train-
ing 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 Member State.
CHAPTER V
PROVISIONS TO FACILITATE THE EFFECTIVE EXER-
CISE OF THE RIGHT OF ESTABLISHMENT AND
FREEDOM TO PROVIDE SERVICES
A. Provisions specific to the right of establishment
Article 17
1. A host Member State which requires of its nationals
proof of good character or good repute when they take up
for the first time the activities referred to in Article 1 shall
accept as sufficient evidence, in respect of nationals of
other Member States, a certificate issued by a competent
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 or good repute for taking up
the activity in question have been met.85/384/EEC
85/384/EEC - - - I
132. Where the Member State of origin or the Member
State from which the foreign national comes does not re-
quire proof of good character or good repute of persons
wishing to take up the activity in question for the first
time, the host Member State may require of nationals of
the Member State of origin or of the Member State from
which the foreign national comes an extract from the ‘judi-
cial record’ or, failing this, an equivalent document issued
by a competent authority in the Member State of origin or
the Member State from which the foreign national comes.
3. Where the Member State of origin or the Member
State from which the foreign national comes does not issue
the documentary proof referred to in paragraph 2, such
proof may be replaced by a declaration on oath — or, in
States where there is no provision for declaration on oath,
by a solemn declaration — made by the person concerned
before a competent judicial or administrative authority 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 a certificate attesting the authenticity of the declar-
a t i o no no a t ho rs o l e m nd e c l a r a t i o n .
4. If the host Member State has detailed knowledge of a
serious matter which has occurred outside its territory
prior to the establishment of the person concerned in that
State, 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 with-
in its territory of the activity concerned, it may inform the
Member State of origin or the Member State from which
the foreign national comes.
The Member State of origin or the Member State from
which the foreign national comes shall verify the accuracy
of the facts in so far as they might affect the taking up of
the activity in question in that Member State. The author-
ities in that State shall themselves decide on the nature
and extent of the investigation to be made and shall in-
form the host Member State of any consequential action
which they take with regard to the certificates or docu-
ments they have issued.
5. Member States shall ensure the confidentiality of the
information forwarded.
Article 18
1. Where, in a host Member State, laws, regulations or
administrative provisions impose requirements as to good
character or good repute, including provisions in relation
to the pursuit of the activities referred to in Article 1 for
disciplinary action in respect of serious professional mis-
conduct or conviction on criminal offences, the Member
State of origin or the Member State from which the
foreign national comes shall forward to the host Member
State all necessary information regarding any measures or
disciplinary action of a professional or administrative na-
ture taken against the person concerned or any criminal
penalties concerning the practise of his profession in the
Member State of origin or in the Member State from
which he came.85/384/EEC
85/384/EEC - - - I
142. If the host Member State has detailed knowledge of a
serious matter which has occurred outside its territory
prior to the establishment of the person concerned in that
State and which is likely to affect the pursuit of the activity
concerned in that State, it may inform the Member State
of origin or the Member State from which the foreign
national comes.
The Member State of origin or the Member State from
which the foreign national comes shall verify the accuracy
of the facts in so far as they might affect the pursuit of the
activity concerned in that State. The authorities of that
State shall themselves decide on the 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 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, must be completed as soon as poss-
ible 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
upon termination 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 paragraph 1.
The Member State consulted shall give its reply within a
period of three months.
On receipt of the reply or at the end of the period the
host Member State shall continue with the procedure re-
ferred to in paragraph 1.
Article 21
Where a host Member State requires its own nationals
wishing to take up or pursue the activities referred to in
Article 1 to take an oath or make a solemn declarationand where the form of such oath or declaration cannot be
used by nationals of other Member States, that Member
State shall ensure that an appropriate and equivalent form
of oath or declaration is offered to the person concerned.85/384/EEC
85/384/EEC - - - I
15B. Provisions specific to the provision of services
Article 22
1. Where a Member State requires of its own nationals
wishing to take up or pursue the activities referred to in
Article 1 either an authorization from or membership of or
registration with a professional organization or body, thatM e m b e rS t a t es h a l l ,i nt h ec a s eo fp r o v i s i o no fs e r v i c e s ,
exempt nationals of other Member States from that re-
quirement.
The person concerned shall provide services with the same
rights and obligations as nationals of the host Member
State; in particular he shall be subject to the rules of con-
duct of a professional or administrative nature which apply
in that Member State.
For this purpose and in addition to the declaration re-
ferred to in paragraph 2 relating to the provision of ser-
vices, Member States may, so as to permit the implementa-
tion of the provisions relating to professional conduct in
force in their territory, require automatic temporary regis-
tration or pro forma registration with a professional organ-
ization or body or in a register, provided that this registra-
tion does not delay or in any way complicate the provision
of services or impose any additional costs on the person
providing the services.
Where a host Member State adopts a measure pursuant to
the second subparagraph or becomes aware of facts which
run counter to these provisions, it shall forthwith inform
the Member State in which the person concerned is estab-
lished.
2. The host Member State may require the person con-
cerned to make a prior declaration to the competent au-
thorities about the services to be provided where they in-
volve the execution of a project in its territory.
3. Pursuant to paragraphs 1 and 2, the host Member
State may require the person concerned to supply one ormore documents containing the following particulars
— the declaration referred to in paragraph 2,
— a certificate stating that the person concerned is law-
fully pursuing the activities in question in the Member
State where he is established,
— a certificate that the person concerned holds the di-
ploma(s), certificate(s) or other evidence of formal
qualifications required for the provision of the ser-
vices in question and that those qualifications comply
with the criteria in Chapter II or are as listed in
Chapter III of this Directive;
— where appropriate, the certificate referred to in Ar-
ticle 23 (2).
4. The document or documents specified in paragraph 3
may not be produced more than 12 months after their
date of issue.85/384/EEC
85/384/EEC - - - I
165. Where a Member State temporarily or permanently
deprives, in whole or in part, one of its nationals or a
national of another Member State established in its terri-
tory of the right to pursue the activities referred to in Ar-
ticle 1, it shall, as appropriate, ensure the temporary or
permanent withdrawal of the certificate referred to in the
second indent of paragraph 3.
C. Provisions common to the right of establishment
and freedom to provide services
Article 23
1. Where in a host Member State the use of the pro-
fessional 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 of formal
qualifications referred to in Article 11 have been recog-
nized under Article 10 shall be vested with the professional
title of the host Member State and the abbreviated form
thereof once they have fulfilled any conditions as to practi-
cal 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 ofa diploma, certificate or other evidence of formal qualifica-
tions as referred to in Article 11, to the completion of a
given period of practical experience, the Member State
concerned shall accept as sufficient evidence a certificate
from the Member State of origin or previous residence
stating that appropriate practical experience for a corre-
sponding period has been acquired in that country. The
certificate referred to in the second subparagraph of Ar-
ticle 4 (1) shall be recognized as sufficient proof within the
meaning of this paragraph.
Article 24
1. Where the host Member State requires its nationals
wishing to take up or pursue the activities referred to in
Article 1 to furnish proof of no previous bankruptcy and
where the information provided pursuant to Articles 17
and 18 does not contain proof thereof, that state shall ac-
cept a declaration on oath — or, in States where there is
no provision for declaration on oath, a solemn declaration— made by the person concerned before a competent judi-
cial or administrative authority, a notary or qualified pro-
fessional body of the Member State of origin or of the
Member State from which the person comes; such autho-
rity or notary shall issue a certificate attesting the authenti-
city of the declaration on oath or solemn declaration.85/384/EEC
85/384/EEC - - - I
17Where, in the host Member State, sound financial standing
must be proved, that Member State shall accept attesta-
tions issued by banks of other Member States as being
equivalent to attestations issued in its own 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 that they are covered by insur-
ance against the financial consequences of their pro-
fessional liability, that State shall accept certificates issued
by the insurance undertakings of other Member States as
being equivalent to certificates issued in its own territory.
Such certificates must specify that the insurer has complied
with the laws and regulations in force in the 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 applicable, on the professional ethics of
the host Member State.
For this purpose, Member States may set up information
centres from which such persons may obtain the necessary
information. In the event of establishment, the host
Member States may require them to contact these centres.
2. Member States may set up the centres referred to in
paragraph 1 under the auspices of the competent author-
ities and bodies which they designate before expiry of the
time limit laid down in the first subparagraph 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 fol-
low their profession in the host Member State.85/384/EEC
85/384/EEC - - - I
18CHAPTER VI
FINAL PROVISIONS
Article 27
Where legitimate doubt exists, the host Member State may
require the competent authorities of another Member
State to confirm the authenticity of the diplomas, certifi-cates and other evidence of formal qualifications 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 auth-
orities and bodies empowered to issue or receive diplomas,
certificates and other evidence of formal qualifications as
well as the documents and information referred to in this
Directive, and shall forthwith inform the other Member
States and the Commission thereof.
Article 29
This Directive shall also apply to nationals of Member
States who, in accordance with Regulation (EEC) No
1612/68, are pursuing or will pursue as employed persons
the activities referred to in Article 1.
Article 30
Not more than three years after the end of the period pro-
vided for in the first subparagraph of Article 31 (1), the
Commission shall review this Directive on the basis of ex-
perience and if necessary submit to the Council proposals
for amendments after consulting the Advisory Committee.
The Council shall examine any such proposals within oneyear.
Article 31
1. Member States shall take the measures necessary to
comply with this Directive within 24 months of its notifica-
tion and shall forthwith inform the Commission thereof.
Member States shall, however, have three years from the
date of notification within which to comply with Article 22.
2. Member States shall communicate to the Commission
the texts of the main provisions of national law which they
adopt in the field covered by this Directive.
Article 32
This Directive is addressed to the Member States.85/384/EEC