No C 217/4 Official Journal of the European Communities 1. 9. 90 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Directive on a second general system for the recog­
nition of professional education and training which complements Directive 89/48/EEC 
COM(90) 389 final — SYN 209 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 8 August 1990) 
(90/C 217/04) 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Proposal for a Council Directive on a second general 
system for the recognition of professional or vocational 
education and training which complements Directive 
89/48/EEC unchanged 
citations 
recitals Nos 1 to 4 unchanged 
recital No 5 
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' duration at on 
establishment of higher education or another estab­
lishment of similar level; Whereas this complementary system must cover the two 
levels of education and training not caught by the initial 
general system, namely short higher education courses 
and certain long professional or vocational training 
courses begun before the end of the complete secondary 
course and corresponding to long or short secondary 
courses, possibly complemented by professional or voca­
tional training or experience; 
recitals Nos 6 and 7 unchanged 
recital No 8 unchanged 
1.9.90 Official Journal of the European Communities No C 217/5 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
new recital 8 a 
Whereas the aim of this general system, like the first 
general system, is to eliminate obstacles to the taking-up 
and pursuit of regulated professions; whereas work 
carried out pursuant to Council Decision 
85/368/EEC (*) on the comparability of vocational 
training qualifications between the Member States of the 
European Community, while pursuing a different 
objective from the elimination of legal obstacles to 
freedom of movement, namely that of improving the 
transparency of the labour market, should be useful in 
terms of the application of this Directive particularly 
where it could provide information on the subject, 
content and duration of professional or vocational 
training; 
recitals Nos 9 to 12 unchanged 
Article 1 Article 1 
For the purposes of this Directive the following defi- unchanged 
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 
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 less than 
three years' duration or of equivalent duration on 
a part-time basis, at a university or establishment 
of higher education or another establishment of 
similar level and, where appropriate, that he has 
successfully completed the professional or voca­
tional training required in addition to the post-
secondary course, and — which shows that the holder, generally after 
schooling attested to by the qualification or 
qualifications giving access to university 
education, higher education or other education 
of similar level, 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 establishment of higher 
education or another establishment of similar 
level and, where appropriate, that he has 
successfully completed the professional or voca­
tional training required in addition to the post-
secondary course, 
(') OJ No L 199, 31. 7. 1985. 
No C 217/6 Official Journal of the European Communities 1. 9. 90 
— which shows that the holder has the professional 
or vocational 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 thereof has three years' 
professional experience certified by the Member 
States which recognized a third-country diploma, 
certificate or other evidence of formal qualifications. 
The following shall be treated in the same way as a 
diploma within the meaning of the first 
subparagraph: any diploma, certificate or other 
evidence 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 
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 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, AMENDED PROPOSAL 
— or which shows that, after at least ten years' 
schooling, the holder has completed a course of 
professional or vocational training in the para­
medical field, as evidenced by an examination 
taken at a specialist professional, or vocational 
training establishment, of at least three years' 
duration or at least two years' duration where 
combined with relevant professional experience in 
an approved establishment, 
— or which shows that after at least ten years' 
schooling, the holder, while following a 
structured training programme, has completed at 
least five years' training provided partly on the 
job and partly in a professional or vocational 
training establishment and attested by an exam­
ination, success in which is necessary in order to 
exercise in a self-employed capacity an occu­
pation classed as a craft, and 
unchanged 
1. 9. 90 Official Journal of the European Communities No C 217/7 
ORIGINAL PROPOSAL 
— which shows that the holder has successfully 
completed a course of secondary studies in a 
general educational vocational training estab­
lishment, 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, 
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 qualifications. 
The following shall be treated in the same way as a 
certificate, within the meaning of the first 
subparagraph: any diploma, certificate or other 
evidence 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 
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; 
(c) host Member State: any Member State in which a 
national of a Member State applies to pursue a 
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; AMENDED PROPOSAL 
— which shows that the holder has successfully 
completed a course of secondary studies in a 
general or technical education establishment, 
complemented, where appropriate, 
— either by a professional or vocational training 
course other than those referred to in point (a), 
provided in an education establishment, or in 
combination in an education establishment and 
on the job, and complemented, where appro­
priate, by the period of practical training or 
professional experience required in addition to 
this training course, 
— or by the period of practical training or 
professional experience required in addition to 
this course of secondary studies, and 
unchanged 
No C 217/8 Official Journal of the European Communities 1. 9. 90 
ORIGINAL PROPOSAL 
(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 following 
in particular shall constitute a mode of pursuit 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 provisions, 
— pursuit of a professional activity relating to 
health, in so far as renumeration and/or reimbur­
sement for such an activity is subject by virtue of 
national social security arrangements to the 
possession of a diploma. AMENDED PROPOSAL 
(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, certificate or other evidence 
of formal qualifications. The following in particular 
shall constitute a mode of pursuit 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, certificate or other 
evidence of formal qualifications governed by 
laws, regulations or administrative provisions, 
— pursuit of a professional activity relating to 
health, in so far as remuneration and/or reimbur­
sement for such an activity is subject by virtue of 
national social security arrangements to the 
possession of a diploma, certificate or other 
evidence of formal qualifications, 
— pursuit of an activity as part of the public service, 
where the laws, regulations or administrative 
provisions relating thereto require the possession 
of a diploma, certificate or other evidence of 
formal qualifications, 
— pursuit of a professional activity where, under a 
collective or other occupational agreement 
concluded between the two sides of industry, the 
possession of a diploma, certificate or other 
evidence of formal qualifications is required and 
determines in particular a minimum level of 
remuneration. 
The following are covered: 
— collective or other occupational agreements 
concluded by the public authorities or public 
companies in their capacity of employer, 
— collective or other occupational agreements 
declared generally binding by the public auth­
orities for all employers in the branch or 
branches concerned, 
— collective or other occupational agreements, 
accession to which is a condition for granting to 
the employer benefits such as public subsidies. 
1. 9. 90 Official Journal of the European Communities No C 217/9 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Where the first subparagraph does not apply, a 
professional activity shall be deemed to be a 
regulated professional activity if it is pursued by the 
members of an association or organization the 
purpose 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: unchanged 
— awards a diploma to its members, awards a diploma, certificate or other evidence of 
formal qualifications to its members, 
ensures that its members respect the rules of 
professional conduct which it prescribes, and unchanged 
confers on them the right to use a title or desig-
natory letters, or to benefit from a status corre­
sponding to that diploma. confers on them the right to use a title or desig-
natory letters, or to benefit from a status corre­
sponding to that diploma, certificate or other 
evidence of formal qualifications. 
Whenever a Member State grants the recognition 
referred to in the second subparagraph to an asso­
ciation or organization which satisfies the conditions 
of that subparagraph, it shall inform the Commission 
thereof, which shall publish this information in the 
Official Journal of the European Communities; unchanged 
(f) professional experience: the actual and lawful pursuit 
of the profession concerned in a Member State; 
(g) adaptation period: the pursuit of a regulated 
profession in the host Member State under the 
responsibility 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 assessment. 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; 
In the matter in particular of obligations, of social 
rights and benefits, of allowances and remuneration, 
this status shall be established by the host Member 
State, in accordance with applicable Community law 
and by reference to the status enjoyed by nationals 
of the host Member State undergoing comparable 
periods of supervised practice or professional or 
vocational training; 
No C 217/10 Official Journal of the European Communities 1.9.90 
ORIGINAL PROPOSAL 
(h) aptitude test: a test limited to the professional 
knowledge 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. AMENDED PROPOSAL 
unchanged 
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 
essential 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 
applicant who wishes to prepare himself for the 
aptitude test in that State shall be determined by the 
competent 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. Article 2 
unchanged 
This Directive shall not apply to professions which are 
the subject of a separate Directive establishing 
arrangements for the mutual recognition of diplomas by 
Member States, nor to activities covered by a Directive 
listed in Annex A. 
1. 9. 90 Official Journal of the 
ORIGINAL PROPOSAL 
Article 3 
Where, in a host Member State, the taking up or pursuit 
of a regulated profession is subject to possession of a 
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 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 in Directive 89/48/EEC, required in 
another Member State fo 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 
question 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 
authority in a Member State, designated in 
accordance with the laws, regulations or adminis­
trative provisions of that State, 
— which show that the holder has successfully 
completed a pan-time or full-time post-
secondary 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 European Communities No C 217/11 
AMENDED PROPOSAL 
Article 3 
Without prejudice to Directive 89/48/EEC, where, in a 
host Member State, the taking up or pursuit of a 
regulated profession is subject to possession of a 
diploma, as defined in this Directive or in Directive 
89/48/EEC but attesting to a post-secondary course of a 
duration not exceeding four years or of an equivalent 
duration part-time, 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) unchanged 
(b) if the applicant has pursued the profession in 
question full-time for two years during the previous 
ten years in another Member State which does not 
regulate that profession, either within the meaning of 
Article 1 (d) and the first subparagraph of Article 1 
(e) of this Directive or within the meaning of Article 
1 (c) and the first subparagraph of Article 1 (d) of 
Directive 89/48/EEC, and possesses evidence of one 
or more formal qualifications: 
unchanged 
— which show that the holder, generally after 
schooling attested to by the qualification or 
qualifications giving access to university 
education, higher education or other education 
of similar level, has successfully completed a 
post-secondary course at a university or estab­
lishment of higher education or another estab­
lishment of similar level in a Member State and, 
where appropriate, that he has successfully 
completed the professional or vocational training 
required in addition to post-secondary studies, 
and 
— which have prepared the holder for the pursuit of 
his profession. unchanged 
No C 217/12 Official Journal of the European Communities 1.9.90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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 Article 4 
1. Notwithstanding Article 3, the host Member State unchanged 
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 profession 
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; 
Professional experience may not however be 
required of an applicant holding a diploma attesting 
to a post-secondary course of studies as referred to 
in the second indent of Article 1 (a) or a diploma as 
defined in Article 1 (a) of Directive 89/48/EEC who 
wishes to pursue his profession in a host Member 
State which requires the possession of a diploma 
attesting to a course of paramedical or craft training 
as referred to in the third and fourth indents of 
Article 1 (a). 
1. 9. 90 Official Journal of the European Communities No C 217/13 
ORIGINAL PROPOSAL 
(b) To complete an adaptation period not exceeding 
three years or take an aptitude test: AMENDED PROPOSAL 
unchanged 
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 
Directive 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 
profession 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 pan of the 
profession 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 
possibility, 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. Should the host Member State make use of this 
possibility, 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 
89/48/EEC or in this Directive, intends to introduce 
derogations as regards an applicant's right to choose, 
the procedure laid down in Article 15 shall apply. 
2. However, the host Member State may not apply 
the provisions of paragraph 1 (a) and (b) cumulatively. unchanged. 
No C 217/14 Official Journal of the European Communities 1. 9. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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: Article 5 
unchanged 
(a) if the applicant holds the diploma, as defined in this 
Directive or in 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 having been awarded in a 
Member State; or 
(b) if the applicant has pursued the profession in 
question 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 
authority in a Member State, designated in 
accordance with the laws, regulations or adminis­
trative provisions of that State, and 
which show that the holder has successfully 
completed a post-secondary course at a university 
or establishment of higher education or another 
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, or which show that the holder, generally after 
schooling attested to by the qualification or 
qualifications giving access to university 
education, higher education or other education 
of similar level, has successfully completed a 
post-secondary course 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 or vocational training required in 
addition to the post-secondary course, or 
which show that the holder has successfully 
completed a part-time or full-time course of 
secondary studies in a general education or voca­
tional training establishment, and which show that the holder has successfully 
completed a course of secondary studies in a 
general or technical education establishment, 
complemented, where appropriate, 
1. 9. 90 Official Journal of the European Communities No C 217/15 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
— either by a professional or vocational training 
course other than those referred to in point (a), 
provided in an education establishment or in 
combination in an education establishment and 
on the job and complemented, where appro­
priate, by the period of practical training or 
professional experience required in addition to 
this training course, 
— or by the period of practical training or 
professional experience required in addition to 
this course of secondary studies, and 
— which have prepared the holder for the pursuit of unchanged 
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 conclusion 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 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 hcst 
Member State. Without prejudice to Article 5, a host Member State may 
require the applicant to complete an adaptation period 
not exceeding two years maximum or to take an aptitude 
test when the training he received in accordance with 
Article 5 (a) or (b) relates to matters that differ substan­
tially from those covered in the course leading to the 
certificate required in the host Member State, or where 
there are differences in the fields of activity charac­
terized in the host Member State by specific training 
relating to matters that differ substantially from those 
covered by the certificate of the applicant. Depending on 
the case, the aptitude test may cover theoretical and/or 
practical aspects. 
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 
certificate intends to introduce derogations as regards an 
applicant's right to choose, the procedure laid down in 
Article 15 shall apply. 
No C 217/16 Official Journal of the European Communities 1. 9. 90 
ORIGINAL PROPOSAL 
Article 7 AMENDED PROPOSAL 
Article 7 
Where, in the host Member State, the taking-up or 
pursuit of a regulated profession or its exercise 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 corresponding level, which has been 
awarded in another Member State and gives access in 
that Member State to secondary school of higher 
education level. 1. unchanged 
This training certificate must have been awarded by a 
competent authority in that Member State, designated in 
accordance with its own laws, regulations or adminis­
trative provisions. 
2. Where, in the host Member State, the taking-up or 
pursuit of a regulated profession is subject to: 
a diploma, certificate or other evidence of formal 
qualifications attesting to training of no more than 
six months' duration and not forming part of a set 
constituting a diploma within the meaning of 
Directive 89/48/EEC or a diploma or certificate 
within the meaning of this Directive, or 
— an assessment of the knowledge and/or professional 
aptitudes of the applicant by an authority designated 
in accordance with the laws, regulations or adminis­
trative provisions of that Member State, without 
proof of prior education and training being required; 
its own laws, regulations or administrative provisions 
shall apply. 
However, these provisions shall not apply to nationals of 
Member States providing proof of qualifications issued in 
other Member States and giving equivalent guarantees, 
in the matter of health, safety, environment al protection 
and consumer protection, to those required by the laws, 
regulations or administrative provisions of the host 
Member State. 
1. 9. 90 Official Journal of the European Communities No C 217/17 
ORIGINAL PROPOSAL 
Article 8 
Where, in the host Member State, the taking-up or 
pursuit of a regulated profession is subject to possession 
of a vocational training certificate, the competent 
authority may not, on the grounds of inadequate qualifi­
cations, 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. 
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 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 certificate required in 
another Member State for the taking-up or pursuit 
of the same profession in its territory, such diploma 
having been awarded in a Member State; or 
if the applicant has pursued the same profession 
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 qualifi­
cations : 
— which have been awarded by a competent 
authority in a Member State, designated in 
accordance with the laws, regulations or adminis­
trative provisions of that State, AMENDED PROPOSAL 
Article 8 
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 if the applicant who does not hold a diploma, 
certificate or other evidence of formal professional or 
vocational 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). 
Nevertheless, the host Member State may require the 
applicant to undergo an adaptation not exceeding two 
years. 
Article 9 
unchanged 
— if the applicant holds the certificate required in 
another Member State for the taking-up or pursuit of 
the same profession in its territory, such diploma 
having been awarded in a Member State; or 
— if the applicant has pursued the same profession 
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 qualifi­
cations : 
— which have been awarded by a competent 
authority in a Member State, designated in 
accordance with the laws, regulations or adminis­
trative provisions of that State, and 
No C 217/18 Official Journal of the European Communities 1.9.90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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, which show that the holder has successfully 
completed a course of secondary studies in a 
general or technical education establishment, 
complemented, where appropriate, either by a 
professional or vocational training course other 
than those referred to in point (a), provided in a 
education establishment or in combination in an 
education establishment and on the job and 
complemented, where appropriate, by the period 
of practical training or professional experience 
required in addition to this training course or by 
the period of practical training or professional 
experience required in addition to this course of 
secondary studies, 
— and 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 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. Nevertheless, the host Member State may require the 
applicant to undergo an adaptation period not exceeding 
three years or take an aptitude test. The host Member 
State must give the applicant the right to choose between 
an adaptation period and an aptitude test. 
Where the host Member State intends to introduce dero­
gations as regards an applicant's right to choose, the 
procedure laid down in Article 15 shall apply. 
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 envi­
ronment 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 
profession concerned, which he has not undergone in his 
Member State of origin or the Member State from which 
he has come. Article 10 
unchanged 
Article 11 
1. Where the competent authority of the 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 authorities in the 
Member State of origin or the Member State from which 
the foreign national comes showing that those 
requirements are met. Article 11 
unchanged 
1.9.90 Official Journal of the European Communities No C 217/19 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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 on oath — or, in States where there is 
no provisions 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 
declaration on oath or solemn declaration. 
2. Where the competent authority of the host Member 
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 or 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 
certificate 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 the host Member 
State requires nationals of that Member State wishing to 
take up or pursue a regulated profession to take on 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 Article 12 
1. The competent authorities of host Member States unchanged 
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 corre­
sponding to that profession. 
No C 217/20 Official Journal of the European Communities 1. 9. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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 Member 
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. 
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 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 Article 13 
1. The host Member State shall accept as proof that unchanged 
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 Article 14 
1. Member States shall designate, within the period unchanged 
provided for in Article 18, the competent authorities 
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. 
1.9.90 Official Journal of the European Communities No C 217/21 
ORIGINAL PROPOSAL 
2. The person responsible for coordination appointed 
by each Member State in accordance with Article 9 (2) 
of Directive 89/48/EEC shall also be responsible for 
promoting uniform application of this Directive 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 contemplated. 
3. The Member States shall take measures to provide 
the necessary information on the recognition of diplomas 
and certificates within the framework of this Directive. 
They may be assisted in this task by the information 
centre on the academic recognition of diplomas 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 appropriate, the relevant 
professional associations or organizations. The 
Commission shall take the necessary initiatives to ensure 
the development and coordination of the communication 
of the necessary information. 
(') OJ No C 38, 19. 12. 1976, p. 1. AMENDED PROPOSAL 
They shall establish the procedures whereby represen­
tatives of the professions concerned and of the education 
establishments or professional or vocational training 
establishments are involved in the decision making 
process. 
2. Each Member State shall designate a person 
responsible for coordinating the activities of the auth­
orities referred to in paragraph 1 and shall inform the 
other Member States and the Commission to that effect. 
His role shall be to promote uniform application of this 
Directive to all the professions concerned. This coor­
dinator shall be a member of the coordinating group set 
up under the aegis of the Commission by Article 9 (2) of 
Directive 89/48/EEC. 
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, particularly information relating 
to the establishment of an indicative list of regulated 
professions and on the disparities between the qualifi­
cations awarded in the Member States with a view to 
assisting the competent authorities of the Member 
States in their task of assessing whether substantial 
differences exist. 
unchanged 
3. The Member States shall take measures to provide 
the necessary information on the recognition of diplomas 
and certificates and on other conditions governing the 
taking up of the regulated professions within the 
framework of this Directive. They may be assisted in this 
task by the information centre on the academic recog­
nition of diplomas 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 appropriate, the relevant professional associations 
or organizations. The Commission shall take the 
necessary initiatives to ensure the development and coor­
dination of the communication of the necessary infor­
mation. 
No C 217/22 Official Journal of the European Communities 1. 9. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 15 
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 immediately 
communicate to the Commission the corresponding draft 
provision. It shall at the same time notify the 
Commission of the grounds which make the enactment 
of such a provision necessary. Article 15 
1. If, pursuant to the second sentence of the second 
subparagraph of Article 4 (1) (b), or Article 6, 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 immediately communicate to the 
Commission the corresponding 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. unchanged 
2. Without prejudice to the possibility for the 
Commission and the other Member States of making 
comments 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 
Commission, Member States shall communicate to them, 
without delay, the definitive text of any provision arising 
from the application of this Article. 
Article 16 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 ('), wish to pursue the 
activities covered by these Directives as paid employees. unchanged 
Article 17 Article 17 
Following the expiry of the period provided for in 
Article 18, Member States shall communicate to the 
Commission of the system introduced. unchanged 
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 application 
of the Directive. 
Article 18 Article 18 
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. Member States shall take the measures necessary to 
comply with this Directive by 1 July 1992 at the latest. 
They shall forthwith inform the Commission thereof. 
(') OJ No L 257, 19. 10. 1968, p. 2. 
1.9.90 Official Journal of the European Communities No C 217/23 
ORIGINAL PROPOSAL 
The provisions adopted pursuant to the first paragraph 
shall make express reference to this Directive. 
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 19 
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 
Commission 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 
interest of facilitating freedom of movement, right of 
establishment and freedom to provide services. 
Article 20 
This Directive is addressed to the Member States. AMENDED PROPOSAL 
unchanged 
Article 19 
Five years at the latest following the date specified in 
Article 18, the Commission shall report to the European 
Parliament, the Council and the Economic and Social 
Committee on the state of application of this Directive. 
unchanged 
Article 20 
unchanged 
Annexes A and B unchanged