16. 10. 89 Official Journal of the European Communities No C 263/1 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on a second general system for the recognition of professional 
education and training which complements Directive 89/48/EEC 
COM(89) 372 final — SYN 209 
(Submitted by the Commission to the Council on 26 July 1989) 
(89/C 263/01) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 49, 
57(1) and 66 thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, pursuant to Article 8a of the Treaty the 
internal market shall comprise an area without internal 
frontiers and pursuant to Article 3(c) of the Treaty the 
abolition, as between Member States, of obstacles to 
freedom of movement for persons and services consti­
tutes one of the objectives of the Community; whereas, 
for nationals of the Member States, this means in par­
ticular the possibility of pursuing an occupation, 
whether in a self-employed or employed capacity, in a 
Member State other than that in which they acquired 
their professional or vocational qualifications; 
Whereas, for those occupations for the pursuit of which 
the Community has not laid down the necessary mini­
mum level of qualification, Member States reserve the 
option of fixing such a level with a view to guaranteeing 
the quality of services provided in their territory; 
whereas, however, they may not, without infringing 
their obligations laid down in Articles 5, 48, 52 and 59 
of the Treaty, require a national of a Member State 
to obtain those qualifications which in general they 
determine only by reference to diplomas issued under 
their own national education systems, where the person concerned has already acquired all or part of those 
qualifications in another Member State; whereas, as a 
result, any host Member State in which an occupation 
is regulated is required to take account of qualifications 
acquired in another Member State and to determine 
whether those qualifications correspond to the qualifi­
cations which the Member State concerned requires; 
Whereas Council Directive 89/48/EEC of 21 December 
1988 on a general system for the recognition of higher 
education diplomas awarded on completion of pro­
fessional education and training of at least three years' 
duration (*) helps to ensure that these obligations are 
met, but is limited to higher education; 
Whereas in order to facilitate the pursuit of all those 
occupational activities which in a host Member State 
are dependent on the completion of a certain level of 
education and training, a second general system should 
be introduced to complement the first; 
Whereas this complementary system must cover the 
two levels of education and training not caught by the 
initial general system, namely secondary education and 
post-secondary courses of less than three years' dur­
ation at an establishment of higher education or another 
establishment of similar level; 
Whereas the complementary general system must be 
based on the same principles and contain mutatis 
mutandis the same rules as the initial general system; 
Whereas since it covers two levels of education and 
training and since the initial general system covers a 
third level, the complementary general system must lay 
down whether and under what conditions a person 
(!) OJ No L 19, 24. 1. 1989, p. 16. 
No C 263/2 Official Journal of the European Communities 16. 10. 89 
possessing a certain level of education and training may 
pursue, in another Member State, an occupation the 
qualifications for which are regulated at a different 
level; 
Whereas since it covers occupations the pursuit of 
which is dependent on the possession of professional 
or vocational education and training qualifications of 
secondary level and generally requires manual skills, 
the complementary general system must also provide 
for the recognition of such qualifications even if they 
have been acquired solely through occupational experi­
ence in a Member State which does not regulate such 
occupations; 
Whereas in addition the scope of a number of previous 
Directives on the recognition of professional and 
vocational qualifications should be extended to cover 
the pursuit of regulated activities in both an employed 
and a self-employed capacity; 
Whereas the complementary general system is entirely 
without prejudice to the application of Article 48(4) 
and Article 55 of the Treaty; 
Whereas, like the initial system, such a system, by 
strengthening the right of a Community national to use 
his occupational skills in any Member State, sup­
plements and reinforces his right to acquire such skills 
wherever he wishes; 
Whereas the two systems should be evaluated, after 
being in force for a certain time, in order to determine 
how efficiently they operate and in particular how they 
can both be improved, 
HAS ADOPTED THIS DIRECTIVE: 
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: 
— which has been awarded by a competent auth­
ority in a Member State, designated in accord­
ance with its own laws, regulations or adminis­
trative provisions, 
— which shows that the holder has successfully 
completed a post-secondary course of less than 
three years' duration or of equivalent duration 
on a part-time basis, at a university or establish­
ment of higher education or another establish­
ment of similar level and, where appropriate, 
that he has successfully completed the pro­
fessional 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 pur­
suit 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 thereof has three years' 
professional experience certified by the Member 
State which recognized a third-country diploma, 
certificate or other evidence of formal qualifi­
cations. 
The following shall be treated in the same way as 
a diploma, within the meaning of the first subpara­
graph: any diploma, certificate or other evidence of 
formal qualifications or any set of such diplomas, 
certificates or other evidence awarded by a com­
petent authority in a Member State if it is awarded 
on the successful completion of education and train­
ing received in the Community and recognized by 
a competent authority in that Member State as 
being of an equivalent level and if it confers the 
same rights in respect of the taking up and pursuit 
of a regulated profession in that Member State; 
b) certificate: any diploma, certificate or other evi­
dence of formal qualifications or any set of such 
diplomas, certificates or other evidence: 
— which has been awarded by a competent auth­
ority in a Member State, designated in accord­
ance with its own laws, regulations or adminis­
trative provisions, 
— which shows that the holder has successfully 
completed a course of secondary studies in a 
general education or vocational training estab­
lishment, and 
— which shows that the holder has the professional 
qualifications required for the taking up or pur­
suit 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 thereof has two years' 
professional experience certified by the Member 
State which recognized a third-country diploma, 
certificate or other evidence of formal qualifi­
cations. 
The following shall be treated in the same way 
as a certificate, within the meaning of the first 
subparagraph: any diploma, certificate or other evi­
dence of formal qualifications or any set of such 
diplomas, certificates or other evidence awarded by 
a competent authority in a Member State if it is 
awarded on the successful completion of education 
and training received in the Community and recog­
nized by a competent authority in that Member 
State as being of an equivalent level and if it confers 
the same rights in respect of the taking up and 
pursuit of a regulated profession in that Member 
State; 
c) host Member State: any Member State in which a 
national of a Member State applies to pursue a 
16. 10. 89 Official Journal of the European Communities No C 263/3 
profession subject to regulation in that Member 
State, other than the State in which he obtained his 
diploma or certificate or first pursued the profession 
in question; 
d) a regulated profession: the regulated professional 
activity or range of activities which constitute this 
profession in a Member State; 
e) regulated professional activity: a professional 
activity, in so far as the taking up or pursuit of such 
activity or one of its modes of pursuit in a Member 
State is subject, directly or indirectly by virtue of 
laws, regulations or administrative provisions, to 
the possession of a diploma or certificate. The fol­
lowing in particular shall constitute a mode of pur­
suit of a regulated professional activity: 
— pursuit of an activity under a professional title, 
in so far as the use of such a title is reserved to 
the holders of a diploma or certificate governed 
by laws, regulations or administrative pro­
visions, 
— pursuit of a professional activity relating to 
health, in so far as remuneration and/or reim­
bursement for such an activity is subject by 
virtue of national social security arrangements 
to the possession of a diploma. 
Where the first subparagraph does not apply, a 
professional activity shall be deemed to be a regu­
lated professional activity if it is pursued by the 
members of an association or organization the pur­
pose of which is, in particular, to promote and 
maintain a high standard in the professional field 
concerned and which, to achieve that purpose, is 
recognized in a special form by a Member State 
and: 
— awards a diploma to its members, 
— ensures that its members respect the rules of 
professional conduct which it prescribes, and 
— confers on them the right to use a title or desig-
natory letters, or to benefit from a status corre­
sponding to that diploma. 
Whenever a Member State grants the recognition 
referred to in the second subparagraph to an associ­
ation or organization which satisfies the conditions 
of that subparagraph, it shall inform the Com­
mission thereof, which shall publish this infor­
mation in the Official journal of the European 
Communities; 
f) professional experience: the actual and lawful pur­
suit of the profession concerned in a Member State; g) adaptation period: the pursuit of a regulated pro­
fession in the host Member State under the responsi­
bility of a qualified member of that profession, 
such period of supervised practice possibly being 
accompanied by further training. This period of 
supervised practice shall be the subject of an assess­
ment. The detailed rules governing the adaptation 
period and its assessment as well as the status of a 
migrant person under supervision shall be laid down 
by the competent authority in the host Member 
State; 
h) aptitude test: a test limited to the professional know­
ledge of the applicant, made by the competent 
authorities of the host Member State with the aim 
of assessing the ability of the applicant to pursue a 
regulated profession in that Member State. 
In order to permit this test to be carried out, the 
competent authorities shall draw up a list of subjects 
which, on the basis of a comparison of the education 
and training required in the Member State and that 
received by the applicant, are not covered by the 
diploma, certificate or other evidence of formal 
qualifications possessed by the applicant. 
The aptitude test must take account of the fact 
that the applicant is a qualified professional in the 
Member State of origin or the Member State from 
which he comes. It shall cover subjects to be selected 
from those on the list, knowledge of which is essen­
tial in order to be able to exercise the profession in 
the host Member State. The test may also include 
knowledge of the professional rules applicable to 
the activities in question in the host Member State. 
The detailed application of the aptitude test shall 
be determined by the competent authorities of that 
State with due regard to the rules of Community 
law. 
The status, in the host Member State, of the appli­
cant who wishes to prepare himself for the aptitude 
test in that State shall be determined by the com­
petent authorities in that State. 
Article 2 
This Directive shall apply to any national of a Member 
State wishing to pursue a regulated profession in a host 
Member State in a self-employed capacity or as an 
employed person. 
This Directive shall not apply to professions which are 
the subject of a separate Directive establishing arrange­
ments for the mutual recognition of diplomas by Mem­
ber States, nor to activities covered by a Directive listed 
in Annex A. 
Article 3 
Where, in a host Member State, the taking up or pursuit 
of a regulated profession is subject to possession of a 
No C 263/4 Official Journal of the European Communities 16. 10. 89 
diploma, as defined in this Directive or in Directive 
89/48/EEC, the competent authority may not, on the 
grounds of inadequate qualifications, refuse to author­
ize a national of a Member State to take up or pursue 
that profession on the same conditions as apply to its 
own nationals: 
a) if the applicant holds the diploma, as defined in this 
Directive or in Directive 89/48/EEC, required in 
another Member State for the taking up or pursuit 
of the profession in question in its territory, such 
diploma having been awarded in a Member State; 
or 
b) if the applicant has pursued the profession in ques­
tion full-time for two years during the previous ten 
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 have been awarded by a competent auth­
ority in a Member State, designated in accord­
ance with the laws, regulations or administrative 
provisions of that State, 
— which show that the holder has successfully 
completed a part-time or full-time post-second-. 
ary course at a university or establishment of 
higher education or another establishment of 
similar level in a Member State and, where 
appropriate, that he has successfully completed 
the professional training required in addition to 
post-secondary studies, and 
— which have prepared the holder for the pursuit 
of his profession. 
The following shall be treated in the same way as 
the evidence of formal qualifications referred to in 
the first subparagraph: any formal qualifications or 
any set of such formal qualifications awarded by a 
competent authority in a Member State if it is 
awarded on the successful completion of education 
and training received in the Community and is 
recognized by that Member State as being of an 
equivalent level, provided that the other Member 
States and the Commission have been notified of 
this recognition. 
Article 4 
1. Notwithstanding Article 3, the host Member State 
may also require the applicant: 
a) to provide evidence of professional experience, 
where the duration of the education and training 
adduced in support of his application, as laid down 
in Article 3 a) and b), is at least one year less than 
that required in the host Member State. In this 
event, the period of professional experience 
required: 
— may not exceed twice the shortfall in duration 
of education and training where the shortfall 
relates to post-secondary studies and/or to a 
period of probationary practice carried out 
under the control of a supervising professional 
person and ending with an examination, — may not exceed the shortfall where the shortfall 
relates to professional practice acquired with the 
assistance of a qualified member of the pro­
fession concerned. 
In the case of diplomas within the meaning of the last 
subparagraph of Article 1 a), the duration of education 
and training recognized as being of an equivalent level 
shall be determined as for the education and training 
defined in the first subparagraph of Article 1 a). 
When applying these provisions, account must be taken 
of the professional experience referred to in Article 3 
b). 
At all events, the professional experience required may 
not exceed four years; 
b) to complete an adaptation period not exceeding 
three years or take an aptitude test: 
where the matters covered by the education and 
training he has received as laid down in Article 
3 a) and b) differ substantially from those 
covered by the diploma, as defined in this Direc­
tive or in Directive 89/48/EEC, required in the 
host Member State, or 
where, in the case referred to in Article 3 a), the 
profession regulated in the host Member State 
comprises one or more regulated professional 
activities which do not form part of the pro­
fession regulated in the Member State from 
which the applicant originates or comes and that 
difference corresponds to specific education and 
training required in the host Member State and 
covers matters which differ substantially from 
those covered by the diploma, as defined in this 
Directive or in Directive 89/48/EEC, adduced 
by the applicant, or 
where, in the case referred to in Article 3 b), the 
profession regulated in the host Member State 
comprises one or more regulated professional 
activities which do not form part of the pro­
fession pursued by the applicant in the Member 
State from which he originates or comes, and 
that difference corresponds to specific education 
and training required in the host Member State 
and covers matters which differ substantially 
from those covered by the evidence of formal 
qualifications adduced by the applicant. 
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. 
Where the host Member State, which requires a diploma 
as defined in Directive 89/84/EEC, intends to introduce 
derogations as regards an applicant's right to choose, 
the procedure laid down in Article 15 shall apply. 
16. 10. 89 Official Journal of the European Communities No C 263/5 
2. However, the host Member State may not apply 
the provisions of paragraph 1 a) and b) cumulatively. 
Article 5 
Where, in the host Member State, the taking up or 
pursuit of a regulated profession is subject to possession 
of a certificate, the competent authority may not, on 
the grounds of inadequate qualifications, refuse to 
authorize a national of a Member State to take up or 
pursue that profession on the same conditions as apply 
to its own nationals: 
a) if the applicant holds the diploma, as defined in 
this Directive or the Directive 89/48/EEC, or the 
certificate required in another Member State for the 
taking up or pursuit of the profession in question 
in its territory, such diploma or certificate having 
been awarded in a Member State; or 
b) if the applicant has pursued the profession in ques­
tion full-time for two years during the previous ten 
years in another Member State which does not 
regulate that profession, within the meaning of 
Article 1 d) and the first subparagraph of Article 1 
e), and possesses evidence of one or more formal 
qualifications: 
— which have been awarded by a competent auth­
ority in a Member State, designated in accord­
ance with the laws, regulations or administrative 
provisions of that State, and 
— which show that the holder has successfully 
completed a post-secondary course at a univer­
sity or establishment of higher education or 
another establishment of similar level of a Mem­
ber State and, where appropriate, that he has 
successfully completed the professional training 
required in addition to the post-secondary cour­
se, or 
— which show that the holder has successfully 
completed a part-time or full-time course of 
secondary studies in a general education or 
vocational training establishment, and 
— which have prepared the holder for the pursuit 
of the profession in question. 
The following shall be treated in the same way as 
the evidence of formal qualifications referred to in 
the first subparagraph: any formal qualifications or 
any set of such formal qualifications awarded by a 
competent authority in a Member State if it is 
awarded on the successful completion of education 
and training received in the Community and is 
recognized by that Member State as being of an 
equivalent level, provided that the other Member 
States and the Commission have been notified of 
this recognition. 
Article 6 
Without prejudice to Article 5, a host Member State 
may require the applicant to complete an adaptation 
period not exceeding two years maximum when the training he received in accordance with Article 5 a) or 
b) relates to matters that differ substantially from those 
covered in the course leading to the certificate required 
in the host Member State. 
Article 7 
Where, in the host Member State, the taking up or 
pursuit of a regulated profession or its exercice is subject 
only to possession of general knowledge of primary or 
secondary school level, the competent authority may 
not, on the grounds of inadequate qualifications, refuse 
to authorize a national of a Member State to take up 
or pursue that profession on the same conditions as 
apply to its own nationals, if the applicant has a training 
certificate of the correspondant level, which has been 
awarded in another Member State and which gives 
access in that Member State to secondary school of 
higher education level. 
This training certificate must have been awarded by a 
competent authority in that Member State, designated 
in accordance with its own laws, regulations or admin­
istrative provisions. 
Article 8 
Where, in the host Member State, the taking up or 
pursuit of a regulated profession or its exercise is subject 
to possession of a vocational training certificate, the 
competent authority may not, on the grounds of inad­
equate qualifications, refuse to authorize a national of 
a Member State to take up or pursue that profession 
on the same conditions as apply to its own nationals: 
a) if the applicant who does not hold a diploma, 
certificate or other evidence of formal qualifications 
has pursued the profession in question full-time for 
three consecutive years during the previous ten years 
in another Member State which does not regulate 
that profession within the meaning of Article 1 d) 
and the first subparagraph of Article 1 e); and 
b) if the applicant has undergone an adaptation period 
not exceeding two years maximum. 
Article 9 
Where, in a host Member State, the taking up or pursuit 
of a regulated profession is subject to possession of a 
diploma, the competent authority may not, on the 
grounds of inadequate qualifications, refuse to author­
ize a national of a Member State to take up or pursue 
that profession on the same conditions as apply to its 
own nationals: 
a) if the applicant holds the certificate required in 
another Member State for the taking up or pursuit 
of the profession in question in its territory, such 
diploma having been awarded in a Member State; 
or 
No C 263/6 Official Journal of the European Communities 16. 10. 89 
if the applicant has pursued the profession in ques­
tion full-time for two years during the previous ten 
years in another Member State which does not 
regulate that profession, within the meaning of 
Article 1 d) and the first subparagraph of Article 1 
e), and possesses evidence of one or more formal 
qualifications: 
— which have been awarded by a competent auth­
ority in a Member State, designated in accord­
ance with the laws, regulations or administrative 
provisions of that State, 
— which show that the holder has successfully 
completed a course of secondary studies in a 
general education or vocational training estab­
lishment, which have prepared the holder for 
the pursuit of his profession; 
b) and if the applicant has completed an adaptation 
period not exceeding three years maximum or has 
taken the aptitude test. The host Member State 
must give the applicant the right to choose between 
an adaptation period and an aptitude test. 
Article 10 
Without prejudice to Articles 3 to 9, a host Member 
State may allow the applicant, with a view to improving 
his possibilities of adapting to the professional environ­
ment in that State, to undergo there, on the basis of 
equivalence, that part of his professional education and 
training represented by a professional practice, acquired 
with the assistance of a qualified member of the pro­
fession concerned, which he has not undergone in his 
Member State of origin or the Member State from 
which he has come. 
Article 11 
1. Where the competent authority of a host Member 
State requires of persons wishing to take up a regulated 
profession proof that they are of good character or 
repute or that they have not been declared bankrupt, 
or suspends or prohibits the pursuit of that profession 
in the event of serious professional misconduct or a 
criminal offence, that State shall accept as sufficient 
evidence, in respect of nationals of Member States 
wishing to pursue that profession in its territory, the 
production of documents issued by competent auth­
orities in the Member State of origin or the Member 
State from which the foreign national comes showing 
that those requirements are met. 
Where the competent authorities of the Member State 
of origin or of the Member State from which the foreign 
national comes do not issue the documents referred to 
in the first subparagraph, such documents shall be 
replaced by a declaration or 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 pro­
fessional 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 declaration on oath or solemn 
declaration. 2. Where the competent authority of the host Mem­
ber State requires of nationals of that Member State 
wishing to take up or pursue a regulated profession a 
certificate of physical or mental health, that authority 
shall accept as sufficient evidence in this respect the 
production of the document required in the Member 
State of origin or the Member State from which the 
foreign national comes. 
Where the Member State of origin of the Member State 
from which the foreign national comes does not impose 
any requirements of this nature on those wishing to 
take up or pursue the profession in question, the host 
Member State shall accept from such nationals a certifi­
cate issued by a competent authority in that State 
corresponding to the certificates issued in the host 
Member State. 
3. The competent authorities of host Member States 
may require that the documents and certificates referred 
to in paragraphs 1 and 2 are presented no more than 
three months after their date of issue. 
4. Where the competent authority of a host Member 
State requires nationals of that Member State wishing 
to take up or pursue a regulated profession to take an 
oath or make a solemn declaration and where the form 
of such oath or declaration cannot be used by nationals 
of other Member States, that authority shall ensure 
that an appropriate and equivalent form of oath or 
declaration is offered to the person concerned. 
Article 12 
1. The competent authorities of host Member States 
shall recognize the right of nationals of Member States 
who fulfil the conditions for the taking up and pursuit 
of a regulated profession in their territory to use the 
professional title of the host Member State correspond­
ing to that profession. 
2. The competent authorities of host Member States 
shall recognize the right of nationals of Member States 
who fulfil the conditions for the taking up and pursuit 
of a regulated profession in the territory to use their 
lawful academic title and, where appropriate, 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. 
3. Where a profession is regulated in the host Mem­
ber State by an association or organization referred to 
in Article 1 e), nationals of Member States shall be 
entitled to use the professional title or designatory 
letters conferred by that organization or association 
only on proof of membership. 
16. 10. 89 Official Journal of the European Communities No C 263/7 
Where the association or organization makes member­
ship subject to certain qualification requirements, it 
may apply these to nationals of other Member States 
who are in possession either of a diploma within the 
meaning of Article 1 a) or a certificate within the 
meaning of Article 1 b) or a formal qualification within 
the meaning of Article 3 b), Article 7 or Article 9 a) 
only in accordance with this Directive, in particular 
Articles 3, 4 and 9. 
Article 13 
1. The host Member State shall accept as proof that 
the conditions laid down in Articles 3 to 9 are satisfied 
the certificates and documents issued by the competent 
authorities in the Member States, which the person 
concerned shall submit in support of his application to 
pursue the profession concerned. 
2. The procedure for examining an application to 
pursue a regulated profession shall be completed as 
soon as possible and the outcome communicated in a 
reasoned decision of the competent authority in the 
host Member State not later than four months after 
presentation of all the documents relating to the person 
concerned. A remedy shall be available against this 
decision, or the absence thereof, before a court or 
tribunal in accordance with the provisions of national 
law. 
Article 14 
1. Member States shall designate, within the period 
provided for in Article 18, the competent authorities 
empowered to receive the applications and take the 
decisions referred to in this Directive. They shall com­
municate this information to the other Member States 
and to the Commission. 
2. The person responsible for coordination ap­
pointed by each Member State in accordance with 
Article 9(2) of Directive 89/48/EEC shall also be respon­
sible for promoting uniform application of this Direc­
tive to all the professions concerned. 
The coordinating group set up under this same Article 
of Directive 89/48/EEC shall also be required: 
— to facilitate the implementation of this Directive, 
— to collect all useful information for its application 
in the Member States. 
The group may be consulted by the Commission on 
any changes to the existing system that may be contem­
plated. 
3. The Member States shall take measures to provide 
the necessary information on the recognition of dip­
lomas and certificates within the framework of this 
Directive. They may be assisted in this task by the 
information centre on the academic recognition of dip­
lomas and periods of study established by the Member States within the framework of the Resolution of the 
Council and the Ministers of Education meeting within 
the Council of 9 February 1976 (*), and, where appropri­
ate, the relevant professional associations or organiz­
ations. The Commission shall take the necessary initiat­
ives to ensure the development and coordination of the 
communication of the necessary information. 
Article IS 
1. If, pursuant to the second sentence of the second 
subparagraph of Article 4 (1), b), or the second sentence 
of Article 9 b), a Member State proposes not to grant 
applicants the right to choose between an adaptation 
period and an aptitude test in respect of a profession 
within the meaning of this Directive, it shall immedi­
ately communicate to the Commission the correspond­
ing draft provision. It shall at the same time notify the 
Commission of the grounds which make the enactment 
of such a provision necessary. 
The Commission shall immediately notify the other 
Member States of any draft it has received; it may also 
consult the coordinating group referred to in 
Article 14 (2) on the draft. 
2. Without prejudice to the possibility for the Com­
mission and the other Member States of making com­
ments on the draft, the Member State may adopt the 
provision only if the Commission has not taken a 
decision to the contrary within three months. 
3. At the request of a Member State or the Com­
mission, Member States shall communicate to them, 
without delay, the definitive text of any provision aris­
ing from the application of this Article. 
Article 16 
The Directives listed in Annex B shall also apply to the 
nationals of Member States who, pursuant to Council 
Regulation (EEC) No 1612/68 (2), wish to pursue the 
activities covered by these Directives as paid employees. 
Article 17 
Following the expiry of the period provided for in 
Article 18, Member States shall communicate to the 
Commission, every two years, a report on the appli­
cation of the system introduced. 
In addition to general remarks, this report shall contain 
a statistical summary of the decisions taken and a 
description of the main problems arising from appli­
cation of the Directive. 
(!) OJNoC38, 19.2. 1976, p. 1. 
(2) OJ No L 257, 19. 10. 1968, p. 2. 
No C 263/8 Official Journal of the European Communities 16. 10. 89 
Article 18 Article 19 
Member States shall take the measures necessary to 
comply with this Directive by 1 July 1991 at the latest. 
They shall forthwith inform the Commission thereof. 
The provisions adopted pursuant to the first paragraph 
shall make express reference to this Directive. Five years at the latest following the date specified in 
Article 18, the Commission shall report to the European 
Parliament and the Council on the state of application 
of this Directive. 
After conducting all necessary consultations, the Com­
mission shall present its conclusions as to any changes 
that need to be made to this Directive. At the same 
time the Commission shall, where appropriate, submit 
proposals for improving the existing rules in the 
interests of facilitating freedom of movement, right of 
establishment and freedom to provide services. 
Member States shall communicate to the Commission 
the texts of the main provisions of national law which 
they adopt in the field governed by this Directive. Article 20 
This Directive is addressed to the Member States. 
ANNEX 
LIST OF THE DIRECTIVES REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 2 
1. 64/429/EEC 
Council Directive of 7 July 1964, concerning the attainment of freedom of establishment and freedom to 
provide services in respect of activities of self-employed persons in manufacturing and processing industries 
falling within Major Groups 23-40 of the International Standard Industrial Classification of all Economic 
Activities (ISIC) (industry and small craft industries) (1). 
64/427/EEC 
Council Directive of 7 July 1964, laying down detailed provisions concerning transitional measures in 
respect of activities of self-employed persons in manufacturing and processing industries falling within 
ISIC Major Groups 23-40 (industry and small craft industries) (2). 
2. 68/365/EEC 
Council Directive of 15 October 1968, concerning the attainment of freedom of establishment and freedom 
to provide services in respect of activities of self-employed persons in the food manufacturing and beverage 
industries (ISIC Major Groups 20 and 21) (3). 
68/366/EEC 
Council Directive of 15 October 1968, laying down detailed provisions concerning transitional measures 
in respect of activities of self-employed persons in the food manufacturing and beverage industries (ISIC 
Major Groups 20 and 21) (4). 
3. 64/223/EEC 
Council Directive of 25 February 1964, concerning the attainment of freedom of establishment and 
freedom to provide services in respect of activities in wholesale trade (5). 
64/224/EEC 
Council Directive of 25 February 1964, concerning the attainment of freedom of establishment and 
freedom to provide services in respect of activities of intermediaries in commerce, industry and small 
craft industries (6). 
(J) OJ No 117, 23. 7. 1964, p. 1880. 
(2) OJ No 117, 23. 7. 1964, p. 1863. Amended by Directive of 4 March 1969 (69/77/EEC), OJ No 59, 
10. 3. 1969. 
(3) OJ No L 260, 22. 10. 1968, p. 9. 
(4) OJ No L 260, 22. 10. 1968, p. 12. 
(5) OJ No 56, 4. 4. 1964, p. 863. 
(6) OJ No 56, 4. 4. 1964, p. 869. 
16. 10. 89 Official Journal of the European Communities No C 263/9 
64/222/EEC 
Council Directive of 25 February 1964, laying down detailed provisions concerning transitional measures 
in respect of activities in wholesale trade and activities of intermediaries in commerce, industry and small 
craft industries ('). 
4. 68/363/EEC 
Council Directive of 15 October 1968, concerning the attainment of freedom of establishment and freedom 
to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) (2). 
68/364/EEC 
Council Directive of 15 October 1968, laying down detailed provisions concerning transitional measures 
in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) (3). 
5. 70/522/EEC 
Council Directive of 30 November 1970, concerning the attainment of freedom to provide services in 
respect of activities of self-employed persons in the wholesale coal trade and activities of intermediaries 
in the coal trade (ISIC ex Group 6112) (4). 
70/523/EEC 
Council Directive of 30 November 1970, laying down detailed provisions concerning transitional measures 
in respect of activities of intermediaries in the coal trade (ISIC ex Group 6112) (5). 
6. 74/557/EEC 
Council Directive of 4 June 1974, on the attainment of freedom of establishment and freedom to provide 
services in respect of activities of self-employed persons and of intermediaries engaging in the trade and 
distribution of toxic products (6). 
74/556/EEC 
Council Directive of 4 June 1974, laying down detailed provisions concerning transitional measures 
relating to activities, trade in and distribution of toxic products and activities entailing the professional 
use of such products including activities of intermediaries^). 
7. 68/367/EEC 
Council Directive of 15 October 1968, concerning the attainment of freedom of establishment and freedom 
to provide services in respect of activities of self-employed persons in the personal services sector (ISIC 
ex Major Group 85) (8): 
1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852). 
2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853). 
68/368/EEC 
Council Directive of 15 October 1968, laying down detailed provisions concerning transitional measures 
in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85) (9). 
1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852). 
2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853). 
8. 77/92/EEC 
Council Directive of 13 December 1976, on measures to facilitate the effective exercise of freedom of 
establishment and freedom to provide services in respect of the activities of insurance agents and brokers 
(ex ISIC Group 630) and, in particular, transitional measures in respect for those activities (!0). 
0) OJ No 56, 4. 4. 1964, p. 857. 
(2) OJ No L 260, 22. 10. 1968, p. 1. 
(3) OJ No L 260, 22. 10. 1968, p. 6. 
(4) OJ No L 267, 10. 12. 1970, p. 14. 
(5) OJ No L 267, 10. 12. 1970, p. 18. 
(6) OJ No L 307, 18. 11. 1974, p. 5. 
(7) OJ No L 307, 18. 11. 1974, p. 1. 
(8) OJ No L 260, 22. 10. 1968, p. 16. 
(9) OJ No L 260, 22. 10. 1968, p. 19. 
(10) OJ No L 26, 31. 1. 1977, p. 14. 
No C 263/10 Official Journal of the European Communities 16. 10. 89 
9. 82/470/EEC 
Council Directive of 29 June 1982, on measures to facilitate the effective exercise of freedom of establish­
ment and freedom to provide services in respect of activities of self-employed persons in certain services 
incidental to transport and travel agencies (ISIC Group 720) ('). 
10. 82/489/EEC 
Council Directive of 19 July 1982, laying down measures to facilitate the effective exercise of the right of 
establishment and freedom to provide services in hairdressing(2). 
11. 75/368/EEC 
Council Directive of 16 June 1975, on measures to facilitate the effective exercise of freedom of establish­
ment and freedom to provide services in respect of various activities (ex ISIC Division 01 to 85) and, in 
particular, transitional measures in respect of those activities (3). 
12. 75/369/EEC 
Council Directive of 16 June 1975, on measures to facilitate the effective exercise of freedom of establish­
ment and freedom to provide services in respect of itinerant activities and, in particular, transitional 
measures in respect of those activities (4). 
Note 
Some of the Directives listed above have been supplemented by the Acts of Accession of Denmark, Ireland 
and the United Kingdom (OJ No L 73, 27. 3. 1972), of Greece (OJ No L 291, 19. 11. 1979) and of Spain and 
Portugal (OJ No L 302, 15. 11. 1985). 
(!) OJ No L 213, 21. 7. 1982, p. 1. 
(2) OJ No L 218, 27. 7. 1982, p. 24. 
(3) OJ No L 167, 30. 6. 1975, p. 22. 
(4) OJ No L 167, 30. 6. 1975, p. 29.