10.6.86 Official Journal of the European Communities No C 143/7 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on a general system for the recognition of higher 
education diplomas awarded on completion of vocational courses of at least three years' 
duration (') 
COM(86) 257final 
(Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of 
the EEC Treaty on 13 May 1986) 
(86/C 143/04) 
0) OJNoC217, 28. 8. 1985, p. 3. 
INITIAL PROPOSAL AMENDED PROPOSAL 
Title Title 
Council Directive on a general system for the recognition 
of higher education diplomas 
Whereas the objective can be achieved by the intro­
duction of a general system for the recognition of higher 
education diplomas; 
Whereas, moreover, in addition to conditions relating to 
the professional qualifications necessary to the pursuit of 
a professional activity, conditions relating to personal 
qualities such as good repute may be imposed if required 
in the host Member State; 
Whereas, Articles 49, 57 (1) and 66 of the Treaty 
empower the Community to adopt provisions necessary 
to introduce and operate such a system for the general 
recognition of higher education diplomas; Council Directive on a general system for the recognition 
of higher education diplomas awarded on completion of 
vocational courses of at least three years' duration 
Whereas the objective can be achieved by the intro­
duction of a general system for the recognition of higher 
education diplomas awarded on completion of vocational 
courses of at least three years' duration; 
Whereas, moreover, the general system for the 
recognition of higher education diplomas is not intended 
either to modify the rules applicable to any person 
pursuing a professional activity in the territory of a 
Member State or to exclude migrants from the 
application of those rules; whereas that system is confined 
to providing special arrangements to enable migrants to 
comply in a different manner with the professional rules 
of the host Member State, including those relating to 
professional ethics; 
Whereas, Articles 49, 57 (1) and 66 of the Treaty 
empower the Community to adopt the provisions 
necessary for the introduction and operation of such a 
system; Citations unchanged 
First three recitals unchanged 
Fourth recital Fourth recital 
Fifth to seventh recitals unchanged 
Eight recital Eight recital 
Ninth recital Ninth recital 
No C 143/8 Official Journal of the European Communities 10. 6. 86 
INITIAL PROPOSAL AMENDED PROPOSAL 
Tenth and eleventh recitals unchanged 
Article 1 
For the purposes of this Directive the following 
definitions shall apply: 
(a) higher education diploma: any diploma, certificate or 
other evidence of formal qualifications awarded by a 
university or other higher education establishment 
following a course of at least three years' study 
open, as a general rule, only to persons holding a 
certificate awarded on successful completion of a full 
course of upper secondary education; Article 1 
For the purposes of this Directive the following 
definitions shall apply: 
(a) higher education diploma: any diploma, certificate, 
or other evidence of formal qualifications awarded in 
recognition of vocational study at the level of 
university or non-university higher education by a 
competent authority of a Member State, following a 
course of at least three years' duration open, as a 
general rule, only to persons holding a certificate 
awarded on successful completion of a full course of 
upper secondary education; 
Points (b) and (c) unchanged 
(d) period of supervised practice for the purpose of 
qualification adjustment: the pursuit of a profession 
in the host Member State under the supervision of a 
qualified member of that profession, it being 
understood that such supervised practice may be 
accompanied by a period of further training and 
shall be subject to rules laid down by the host 
Member State. (d) period of supervised practice for the purpose of 
qualification adjustment: the pursuit of a profession 
in the host Member State under the supervision of a 
qualified member of that profession, it being 
understood that such supervised practice may be 
accompanied by a period of further training. This 
period of supervised practice shall form the subject of 
an assessment relating to the work performed by the 
person under supervision. The detailed rules shall be 
laid down by the host Member State. 
Article 2 
This Directive shall apply to any national of a Member 
State wishing to pursue a profession in a host Member 
State as an employed person or in a self-employed 
capacity. 
This Directive shall not apply to professions which are 
the subject of a Directive establishing arrangements for 
the mutual recognition of higher education diplomas by 
Member States. Article 2 
This Directive shall apply to any national of a Member 
State wishing to pursue a profession in a host Member 
State as an employed person or in a self-employed 
capacity who has not benefited from recognition of his 
professional qualifications under other provisions of 
Community law. 
Article 3 unchanged 
Article 4 Article 4 
Paragraph 1 (a) unchanged 
Paragraph 1 (b), first indent unchanged 
Second indent 
where, in the case referred to in Article 3 (a), the 
profession as regulated in the host Member State 
covers a range of professional activities differing in 
part from those regulated in the Member State from 
which the applicant comes and that difference 
corresponds to a specific higher education 
programme required only in the host Member State; Second indent 
where, in the case referred to in Article 3 (a), the 
profession as regulated in the host Member State 
covers a range of professional activities differing in 
part from those regulated in the Member State from 
which the applicant comes and that difference 
corresponds to a specific higher education 
programme required only in the host Member State 
and covering subjects which differ substantially from 
those covered by the higher education diploma or 
diplomas adduced by the applicant; 
10.6.86 Official Journal of the European Communities No C 143/9 
INITIAL PROPOSAL AMENDED PROPOSAL 
Third indent 
where, in the case referred to in Article 3 (b), the 
profession as regulated in the host Member State 
covers a range of professional activities differing in 
part from those pursued by the applicant in the 
Member State from which he comes, and that 
difference corresponds to a specific higher education 
programme required in the host Member State and 
not covered by the higher education diploma or 
diplomas adduced by the applicant; 
Paragraph 1 (c) 
(c) to undergo the period of supervised practice required 
in the host Member State, or provide evidence of 
having completed in another Member State a period 
of professional experience equal in duration to that 
required period of supervised practice where the host 
Member State makes the taking up or pursuit of a 
profession subject to possession of a certificate 
awarded on completion of a period of supervised 
practice undergone after the required higher 
education diplomas have been obtained. Third indent 
— where, in the case referred to in Article 3 (b), the 
profession as regulated in the host Member State 
covers a range of professional activities differing in 
part from those regulated in the Member State from 
which the applicant comes and that difference 
corresponds to a specific higher education 
programme required only in the host Member State 
and covering subjects which differ substantially from 
those covered by the higher education diploma or 
diplomas adduced by the applicant; 
Paragraph 1 (c) 
(c) to undergo the period of supervised practice required 
in the host Member State of any person who has 
newly received authorization to pursue the profession 
in question, unless he is able to provide evidence of 
having completed in another Member State a period 
of professional experience equal in duration to that 
required period of supervised practice. 
Paragraph 2 unchanged 
Article 5 
The provisions of Article 3 and Article 4 (1) (b) and (c) 
shall also apply where the host Member State makes the 
taking up or pursuit of a profession subject to possession 
of one or more diplomas which are not higher education 
diplomas within the meaning of this Directive but are 
awarded on completion of a course of study open as a 
general rule only to persons holding a certificate 
awarded on successful completion of a full course of 
upper secondary education. Article 5 
The provisions of Article 3 and Article 4 (1) (b) and (c) 
shall also apply where the host Member State makes the 
taking up or pursuit of a profession subject to possession 
of one or more diplomas which are not higher education 
diplomas within the meaning of this Directive. 
Article 6 
1. Where a host Member State requires of its 
nationals wishing to take up or pursue a profession proof 
of good character, good repute, proof that they have not 
previously been declared bankrupt or proof of any one 
of these, that State shall accept as sufficient evidence, in 
respect of nationals of other Member States, the 
production of an extract from the 'judicial record' or, 
failing this, an equivalent document issued by a 
competent judicial or administrative authority in another 
Member State showing that those requirements are met. 
Where the Member State from which the foreign 
national comes does not issue the documents referred to 
in the preceding paragraph, they may be replaced by a 
declaration on oath — or, in States where there is no 
provision for such declaration, by a solemn declaration 
— made before a competent judicial or administrative 
authority or, where appropriate, a notary in the host 
country. Article 6 
1. Where a host Member State requires of persons 
wishing to take up a 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 case of persons convicted of certain 
criminal offences or breaches of professional discipline, 
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 authorities in the Member State 
from which the foreign national comes showing that 
those requirements are met. 
Where the documents referred to in the first subpara­
graph cannot be issued by the Member State from which 
the foreign national comes, they shall be replaced by a 
declaration on oath — or in States where there is no 
provision for such declaration, by a solemn declaration 
— made before a competent judicial or administrative 
authority or, where appropriate, a notary in the host 
country. 
No C 143/10 Official Journal of the European Communities 10.6.86 
INITIAL PROPOSAL 
Paragraph 2 
3. The documents and certificates referred to in 
paragraphs 1 and 2 may not be presented more than 
three months after their date of issue. 
Paragraph 4 
Article 7 
1. Host Member States shall recognize the right of 
nationals of Member States who fulfil the conditions for 
the taking up and pursuit of a profession in their 
territory to use their lawful academic title and, where 
appropriate, the abbreviation thereof. If the said 
academic title can be confused with an academic title 
conferred in the host Member State, the latter may 
require that it be followed by the name and location of 
the establishment or examining board which awarded it. 
2. Host Member States shall recognize the right of 
nationals of Member States who fulfil the conditions for 
the taking up and pursuit of a profession in their 
territory to use the same professional title as their own 
nationals. 
Article 8 
Paragraph 1 
2. The procedure for examining an application to 
pursue a 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 three months after presentation of all 
the documents relating to the person concerned, without 
prejudice to delays resulting from any appeal that may 
be made upon the termination of that procedure. 
Article 9 
1. The Member States shall designate, within the 
period provided for in Article 11, the competent auth­
orities empowered to receive the applications and take 
the decisions referred to in this Directive. They shall 
communicate this information to the other Member 
States and to the Commission. 
Paragraphs 2 an 
Articles 1 0 and AMENDED PROPOSAL 
unchanged 
3. 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. 
unchanged 
Article 7 
1. Host Member States shall recognize the right of 
nationals of Member States who fulfil the conditions for 
the taking up and pursuit of a profession in their 
territory to use their lawful academic title and, where 
appropriate, the abbreviation thereof. If the said 
academic title can be confused with an academic title 
conferred in the host Member State, the latter may 
require that it be followed by the name and location of 
the establishment or examining board of the country 
which awarded it. 
2. Host Member States shall recognize the right of 
nationals of Member States who fulfil the conditions for 
the taking up and pursuit of a profession in their 
territory to use the professional title corresponding to 
that profession. 
Article 8 
unchanged 
2. The procedure for examining an application to 
pursue a 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 three months after presentation of all 
documents relating to the person concerned. A right of 
appeal shall lie to the courts of the host Member State in 
accordance with the national law of that State. 
Article 9 
1. The Member States shall designate, within the 
period provided for in Article 11, the competent auth­
orities empowered to receive the applications and take 
the decisions referred to in this Directive. They shall 
communicate this information to the other Member 
States and to the Commission. 
They shall establish arrangements enabling the represen­
tatives of the professions concerned and of higher 
education establishments to take part in the decision­
making process. 
d 3 unchanged 
11 unchanged 
10.6.86 Official Journal of the European Communities NoC 143/11 
INITIAL PROPOSAL 
Article 12 
Five years at the latest following the dates specified in 
Article 11, the Commission shall report to the Council 
on the state of application of the general system for the 
recognition of higher education diplomas. 
After conducting all necessary consultations, the 
Commission shall, on this occasion, present its 
conclusions as to any changes that need to be made to 
the system as it stands. 
Article 13 AMENDED PROPOSAL 
Article 12 
Five years at the latest following the date specified in 
Article 11, the Commission shall report to the Council 
and to the European Parliament on the state of 
application of the general system for the recognition of 
higher education diplomas awarded on completion of 
vocational courses of at least three years' duration. 
After conducting all necessary consultations, the 
Commission shall, on this occasion, present its 
conclusions as to any changes that need to be made to 
the system as it stands. 
unchanged