19. 1. 89 Official Journal of the European Communities No C 15/5 
II 
(Preparatory Acts) 
COMMISSION 
Re-examined proposal for a Council Directive on a general system for the recognition of 
higher-education diplomas awarded on completion of professional training of at least three 
years' duration (') 
COM(88) 700 final— SYN 41 
(Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 25 November 
1988) 
(89/C 15/06) 
C) OJ No C 217, 28. 8. 1985, p. 3. 
COMMON POSITION RE-EXAMINED PROPOSAL 
Title unchanged 
Citations unchanged 
First six recitals unchanged 
Recital 6 (a) (new) 
Whereas the term 'regulated professional activity' should 
be defined so as to take account of differing national 
sociological situations; 
Whereas the term should cover not only professional 
activities access to which is subject, in a Member State, 
to the possession of a diploma, but also professional acti­
vities, access to which is unrestricted when they are 
practised under a professional title reserved for the 
holders of certain qualifications; 
Whereas the professional associations and organizations 
which confer such titles on their members and are 
recognized by the public authorities cannot invoke their 
private status to avoid application of the system; 
Seventh to thirteenth recitals unchanged 
No C 15/6 Official Journal of the European Communities 19. 1. 89 
COMMON POSITION RE-EXAMINED PROPOSAL 
Article 1 
For the purposes of this Directive the following defi­
nitions shall apply: Article 1 
For the purposes of this Directive the following defi­
nitions shall apply: 
(a) diploma: any diploma, certificate or other evidence 
of formal qualifications or any set of such diplomas, 
certificates or other evidence: (a) diploma: any diploma, certificate or other evidence 
of formal qualifications or any set of such diplomas, 
certificates or other evidence: 
which has been awarded by a competent 
authority in a Member State, designated in 
accordance with its own laws, regulations or 
administrative provisions, which has been awarded by a competent 
authority in a Member State, designated in 
accordance with its own laws, regulations or 
administrative provisions, 
which shows that the holder has successfully 
completed a post-secondary course of at least 
three years' duration, or of an equivalent 
duration part-time, at a university or estab­
lishment of higher education or another estab­
lishment of similar level and, where appropriate, 
that he has successfully completed the 
professional training required in addition to the 
post-secondary course, and which shows that the holder was successfully 
completed a post-secondary course of a least 
three years' duration, or of an equivalent 
duration part-time, at a university or estab­
lishment of higher education or another estab­
lishment of similar level and, where appropriate, 
that he has successfully completed the 
professional training required in addition to the 
post-secondary course, and 
which shows that the holder has the professional 
qualifications required for the taking-up or 
pursuit of a regulated profession in that Member 
State which shows that the holder has the professional 
qualifications required for the taking-up or 
pursuit of a regulated profession in that Member 
State 
provided that the education and training attested by 
the diploma, certificate or other evidence of formal 
qualifications were received mainly in the 
Community, or the holder of the diploma has three 
years' professional experience certified by the 
Member State which recognized a third-country 
diploma, certificate or other evidence of formal 
qualifications. provided that the education and training attested by 
the diploma, certificate or other evidence of formal 
qualifications were received mainly in the 
Community, or that its holder has three years' 
professional experience certified by the Member 
State which recognized a third-country diploma, 
certificate or other evidence of formal qualifications. 
Remainder of Article 1 unchanged 
Article 2 unchanged 
Article 3, point (a) unchanged 
(b) if the applicant has pursued the profession in 
question full-time for two years during the previous 
10 years in another Member State which does not 
regulate that profession, within the meaning of 
Article 1 (c) and the first subparagraph of Article 1 
(d), and possesses evidence of one or more formal 
qualifications which meet the conditions of the first 
and second indents of Article 1 (a) and which have 
prepared him for the pursuit of that profession. (b) if the applicant has pursued the profession in 
question full-time for two years during the previous 
10 years in another Member State which does not 
regulate that profession, within the meaning of 
Article 1 (c) and the first subparagraph of Article 1 
(d), and possesses evidence of one or more formal 
qualifications: 
— which has been awarded by a competent authority 
in a Member State, designated in accordance with 
its own laws, regulations or administrative 
provisions, 
19. 1. 89 Official Journal of the European Communities No C 15/7 
COMMON POSITION RE-EXAMINED PROPOSAL 
— which shows that the holder has successfully 
completed a post-secondary course of at least 
three years' duration, or of an equivalent duration 
part-time, at a university or establishment of 
higher education or another establishment of 
similar level of a Member State and, where 
appropriate, that he has successfully completed 
the professional training required in addition to 
the post-secondary course 
and which have prepared the holder for the pursuit 
of his profession. 
Remainder of Article 3 unchanged 
Article 4, paragraph 1 (a) and 1 (b), first subparagraph unchanged 
Article 4 (I) (b) final subparagraph Article 4 (1) (b) final subparagraph 
Should the host Member State make use of this possi­
bility, it must give the applicant the right to choose 
between an adaptation period and an aptitude test. By 
way of derogation from this principle, for professions 
whose practice requires precise knowledge of national 
law and in respect of which the provision of advice 
and/or assistance concerning national law is an essential 
and constant aspect of the professional activity, the host 
Member State may stipulate either an adaptation period 
or an aptitude test. Where the host Member State 
intends to introduce derogations for other professions as 
regards an applicant's right to choose, the procedure laid 
down in Article 10 shall apply; 
Article 7 (3), second subparagraph 
"Where the association or organization makes 
membership subject to certain qualification requirements 
it may apply these to nationals of other Member States 
who are in possession of a diploma within the meaning 
of Article 1 (a) or a formal qualification within the 
meaning of Article 3 (b) only in accordance with this 
Directive, in particular Articles 3 and 4. In such cases, the 
applicant's dossier may only be examined, and any further 
qualification requirement in accordance with Article 4 
imposed, by that association or organization, and by no 
other authority. Should the host Member State make use of this possi­
bility, it must give the applicant the right to choose 
between an adaptation period and an aptitude test. By 
way of derogation from this principle for legal 
professions in the strictest sense whose practice requires 
precise knowledge of national law and in respect of 
which the provisions of advice and/or assistance 
concerning national law is an essential and constant 
aspect of the professional activity, the host Member State 
may stipulate either an adaptation period or an aptitude 
test. Where the host Member State intends to introduce 
derogations for other professions as regards an 
applicant's right to choose, the procedure laid down in 
Article 10 shall apply; 
Article 7 (3), second subparagraph 
Where the association or organization makes 
membership subject to certain qualification requirements 
it may apply these to nationals of other Member States 
who are in possession of a diploma within the meaning 
of Article 1 (a) or a formal qualification within the 
meaning of Article 3 (b) only in accordance with this 
Directive, in particular Articles 3 and 4. Article 4 (2) unchanged 
Articles 5 and 6 unchanged 
Article 7 (1), (2) and (3), first subparagraph unchanged 
Articles 8 to 14 unchanged