26. 3. 90 Official Journal of the European Communities No C 75/11 
Opinion on the proposal for a Council Directive on a second general system for the 
recognition of professional education and training which complements Directive 89/48/EEC 
(90/C 75/02) 
On 5 September 1989 the Council decided to consult the Economic and Social Committee, 
under Articles 49, 57 and 66 of the Treaty establishing the European Economic Community, 
on the abovementioned proposal. 
The Section for Social, Family, Educational and Cultural Affairs, which was responsible for 
preparing the Committee's work on the subject, adopted its Opinion on 18 January 1990. 
The rapporteur was Mr Salmon. 
At its 273rd plenary session (meeting of 31 January 1990) the Economic and Social Committee 
adopted the following Opinion unanimously. 
1. General comments 
1.1. The Committee notes that the new Directive 
applies to Community nationals who have, in accord­
ance with Member States' legislation, received diplomas 
of a lower level than that required under the Council 
Directive of 21 December 1988, as well as to certain 
persons who have no diplomas but have had pro­
fessional experience either in a self-employed or 
employed capacity. 
1.2. In its Opinion of 29 January 1986 on the pro­
posal for a Council Directive on a general system for 
the recognition of higher education diplomas awarded 
on completion of professional education and training 
of at least three years' duration, the Committee made 
the point that the new system was a first step which 
should 'be followed by a similar approach in other 
instances where differences in education/training, and 
consequently diplomas, prevent the exercise of certain 
activities in accordance with the freedom of establish­
ment' {l). 
1.3. The newly proposed system is applicable to 
all Member State nationals who, having acquired the 
professional or vocational qualifications needed to exer­
cise an activity as a self-employed or employed person 
in any Member State, wish to pursue the same or a 
comparable regulated activity in another Member State. 
1.4. As the Commission points out in the second 
paragraph of Article 2, the new proposal does not apply 
to professions which have been the subject of separate 
Directives establishing arrangements for the mutual 
recognition of diplomas by Member States, nor to 
activities covered by the Directives listed in Annex A of 
the proposal and which, according to the Commission, 
must remain in force. 
1.5. The Committee approves the Commission's 
objectives and considers that the creation of an area 
without internal frontiers requires the adoption of 
measures which complement the 21 December 1988 Directive on a general system for the recognition of 
higher education diplomas awarded on completion of 
professional education and training of at least 3 years' 
duration (2), by catering expressly for the categories of 
persons referred to in the present proposal. 
1.6. The Committee notes that the present Com­
mission proposal is designed to complement and extend 
the 1988 Directive. It therefore frequently adds and 
refers to this earlier Directive, which is why the 
language and terminology used is complex. Because of 
this the Committee urges that the proposal be presented 
in clearer, more comprehensible terms; this is particu­
larly true of the explanatory memorandum and the 
preamble. 
1.7. The Committee considers that the present pro­
posal for a Directive is of paramount importance in 
that it is the last in a set of measures giving every 
Community national the right to have qualifications 
acquired in another Member State recognized or taken 
into account by a host Member State which regulates 
a given activity. 
1.8. The present proposal is no different in approach 
to the Directive of 21 December 1988 introducing the 
first general system. Since the two Directives were not 
brought out at the same time the present proposal 
should have at least been built on the experience gained 
in applying the earlier Directive. 
2. Specific comments 
2.1. The Committee approves the general efforts to 
guarantee freedom of establishment for Europe's citi­
zens but believes that the new system: 
— must take account of the diversity and reality of the 
situations and systems of professional education 
and training in the Member States (e.g. twin-track 
schemes) and must use Community terminology 
for both the designation of qualifications and their 
levels, 
(') OJ No C 75, 3. 4. 1986, paragraph 1.9. (2) OJ No L 19,24. 1. 1989. 
No C 75/12 Official Journal of the European Communities 26. 3. 90 
— must be easy to understand and to apply, 
— must not conflict with the principles underlying 
Directive 89/48/EEC but must form a coherent 
whole with the latter, 
— must pave the way for an equitable solution to the 
problems of moving from a low to a higher level, 
and from purely occupational experience to the level 
of formal training, 
— must take into consideration the need to clearly 
define and spell out a number of essential concepts, 
— must bear in mind the implications of the provisions 
for collective bargaining agreements which in some 
cases lay down conditions of access to given pro­
fessional activities, 
— must take into account certain specific situations 
arising as a result of (a) the political and insti­
tutional structures of the Member States and (b) the 
provisions governing access to, and/or the exercise 
of, certain professional activities, 
— must take into account the need to promote the 
acquisition of the linguistic knowledge essential to 
the effective pursuit of a professional activity in the 
host country. 
2.2. The Committee understands the Commission's 
need to take into account the concepts and mechanisms 
adopted in December 1988. Nevertheless, given the 
above comments, the Committee would like to see 
the Commission re-examine the presentation of the 
proposal (particularly the explanatory memorandum 
and the preamble), as well as the wording of certain 
provisions, in the light of the following guidelines. The 
aim would be to make the proposal less complex and 
easier to understand and to apply. 
2.2.1. Definitions 
The concept of 'training' acquired on a secondary 
course must be described in greater detail in order to 
cover all possible situations, notably continuous train­
ing as well as linked work and training schemes. 
The Committee also considers that, for the purpose of 
applying this complementary Directive, the concept of 
Done at Brussels, 31 January 1990. 'regulated professional activity' (Article 1(e)) should be 
amplified and tailored to cover all the professional 
activities concerned. 
2.2.2. Scope 
The wording and structure of Articles 3 to 9, which are 
intended to define the scope of the Directive, should be 
reviewed so that the message of the Articles comes 
across more clearly. 
2.2.3. Application of the Directive 
The aim must be to lighten as far as possible the 
administrative and financial burdens which host Mem­
ber States are likely to have to carry, and to make 
sure that there are no new obstacles to freedom of 
movement. Obstacles could be created if extra costs are 
incurred in the organization of retraining courses for 
workers eligible under the Directive when there are no 
course places available for nationals. 
The Committee also considers that the deadline for 
appointing the competent authorities empowered to 
receive the applications and take the decisions referred 
to in the draft Directive (Articles 14 and 18) is too 
short. 
2.2.4. Consultation of the Economic and Social Com­
mittee 
If the provisions of Article 19 are to match the intentions 
voiced in point 2.7 of the explanatory memorandum, 
the Economic and Social Committee must also be sent 
the report on the state of application of this Directive 
so that it can take cognizance thereof. 
2.2.5. Annexes 
To provide as full a picture as possible of the situation 
regarding the recognition of diplomas, the Annexes 
should also include a list of the specific Directives on 
the mutual recognition of diplomas, certificates and 
other evidence of formal qualifications by the Member 
States. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE