REPORT FROM THE COMMISSION ON THE DEROGATION PROVIDED FOR BY THE ARCHITECTS DIRECTIVE (85/384/EEC) CONCERNING THE DURATION OF TRAINING IN CERTAIN FACHHOCHSCHULEN IN GERMANY
Date: 1995-12-15
Institutions: European Commission
Subjects: Germany, architecture, derogation from EU law, length of studies, professional qualifications, recognition of diplomas, self-employed person

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

Brussels,  15.12.1995 
COM(95) 672  final 

REPORT  FROM THE  COMMISSION 

ON THE DEROGATION PROVIDED FOR BY THE ARCHITECTS DIRECTIVE 
(85/384/EEC)  CONCERNING  THE  DURATION  OF  TRAINING  IN  CERTAIN 

FACHHOCHSCHULEN IN GERMANY 

I.  LEGAL FRAMEWORK 

Article 4  of Directive  85/384/EEC  lays  down  that  the  minimum  training  in  architecture 
required  before  a  qualification  can  be  recognized  by  the  other  Member  States  under 
Article 2  is  four  years  of full-time  studies  at  a  university  or  comparable  educational 
establishment  (first  subparagraph  of Article 4(1)).  German  Fachhochschulen  enjoy  a 
derogation that is to  be reviewed in  1995 (second subparagraph of Article 4(1 )).  Pursuant 
to  the  second  subparagraph,  the  Commission,  on the  basis  of the  experience  gained and 
bearing  in  mind  developments  in  architectural  training,  must  present  a  report  on  the 
application  of the  derogation  and  the  appropriate  proposals  on  which  the  Council  is  to 
decide  in  accordance  with  the  procedure  laid  down  by  the  Treaty within  a  period  of six 
months.  There is therefore no  urgent time-limit on the derogation. 

It  should  be  pointed  out  that,  in  order  for  the  qualification  obtained  on  completion  of 
three  years'  Fachhochschule  training  to  be  recognized  under  Directive  85/384/EEC,  the 
holder  must  provide  evidence  of  four  years'  professional  experience  in  Germany 
sanctioned  by  a  certificate  issued  by  the  professional  body  with  which  the  architect  is 
registered.  The  body  must  have  established  previously that the  work  carried  out  by  the 
architect  concerned  in  the  field  of  architecture  constitutes  conclusive  proof  of  the 
practical application of all  the knowledge referred to  in Article 3.  In addition,  in order to 
be  registered  as  an  architect  in  Germany,  a  practical  period  of training  of two  or  three 
years, depending on the  Land,  is  required after training  in  a Fachhochschule.  The person 
concerned can migrate,  therefore, only after seven, or even nine or ten years of study and 
practical  experience  in  Germany.  All  this  was  the  result  of a  political  compromise 
reached in Council after seventeen years of negotiations by the Member States. 

II.  EXPERIENCE GAINED 

Experience  of applying  the  derogation  has  not  revealed  any  specific  problems.  On  the 
whole,  therefore,  the  derogation  operated  satisfactorily  without  posing  any  major 
difficulties  for  the  Member  States.  One  case  arose  where  the  interested  party  followed 
training  in  a  _Fachhochschul~  for  three  years  but  did  not  have  four  years'  experience  in 
Germany  and  so  cannot  make  use  of the  provisions  of Directive  85/384/EEC  to  gain 
access to  the  profession of architect in  the  host Member State. 

,.., 

To  compensate  for  this  drawback,  it  should  be  recalled  that  the  Court's  case-law  on 
Article 52  of the  EC  Treaty  Gudgment  of 7 May  1991,  Case  C-340/89  Vlassopoulou 
ECR 1-2357)  requires the host Member State to which an application for authorization to 
carry  on  a  profession  is  made  by  a  Community  national  who  is  already  admitted  to 
practise  that  profession  in  his  country  of  origin  to  accept  the  knowledge  and 
qualifications attested by the diploma obtained by the person concerned in his country of 
origin where they correspond to those required by the rules of the host Member State.  In 
this judgment,  the  Court  also  held  that  the  host  Member  State  must  take  into  account 
professional experience gained in the country of origin and in the host Member State.  In 
addition, there must be procedural guarantees. 

These principles  also  apply where there  is  a specific directive concerning recognition of 
qualifications  applicable  to  the  profession  in  question  Gudgment  of 9 February 1994, 
Case C-319/92 Haim ECR 1-425). 

Another  way  of resolving  this  problem  would  be  to  amend  Directive  85/384/EEC  to 
allow  professional  experience  to  be  acquired  in  another  Member  State  or  in  an  EEA 
country.  However, this is not necessary in view of the Court's case-law referred to above 
and would,  in any case,  be  disproportionate (there has  been only one case on this point). 
Second,  it  could  call  into  question  the  balance  achieved  after  seventeen  years  of 
negotiations to adopt the Directive. 

Thus,  experience  shows  that  there  is  no  need  to  amend  Directive  85/384/EEC  on  this 
point. 

III.  DEVELOPMENTS IN TRAINING 

The most important development has taken place  in Germany, which at the  start of 1995 
communicated  a  list  of architectural  training  in  Fachhochschulen,  with  their  respective 
durations (see Annex).  This communication reveals that the duration of training given by 
Fachhochschulen in most Lander has  risen,  de Jure  or de facto,  to  four  years  (except for 
Rhineland-Palatinate and  Schleswig-Holstein, and to  a lesser degree,  for  Hesse,  i.e.  three 
out of sixteen Lander).  That was confirmed for most Lander from  1987,  1988,  1990 and 
1991  (see above communication). 

In  any  case,  the  first  architects  to  make  use  of the  derogation  finished  the  seven  years' 
training  and  experience  provided  for  by  the  Directive  in  1994  (Directive  85/384/EEC 
should have been transposed by 5 August 1987), provided that the Lander did not impose 
an  additional  period  of practical  training  of two  or three  years.  No  particular  problems 
arose  during  this  first  year.  It  should  be  pointed  out  that  in  1987  all  the  Lander  in  the 
then  Federal  Republic  made  use  of the  derogation.  Subsequently,  as  indicated  in  the 
table  annexed  to  the  communication,  the  Lander  gradually  amended  their  legislation  to 
increase the duration of training to four years.  The first to do  so was Baden-Wilrttemberg 
for the academic year 1988-89, and the last Mecklenburg-Western 

3 

Pomerania in 1994.  Account should be taken of the fact that the new Lander were unable 
to adopt such legislation before  1990, taking effect for the academic year  1991-92 at the 
earliest. 

This development had already been anticipated in the Egle and Bauer cases, judgments of 
the  Court  of Justice  of 21  January  and  8 April  1992  respectively  in  Cases  C-310/90 
(Article 4(1)(a)  of the  Directive)  and  C-166/91  (third  indent  of  Article  l l(a)  of the 
Directive).  In paragraphs  9 to  15  of the  Egle judgment, the  Court clarified the  scope of 
Article 4(1) and the conditions to  be met so  that the practical semesters comply with the 
Directive, which was the case in the two judgments in question concerning the four years 
of training acquired in Baden-Wiirttemberg. 

training 

It should also be pointed out that in the other Member States, the duration of architectural 
training  is  between  four  and  six  years,  supplemented  in  some  Member  States  by 
compulsory  practical  training.  Against  this  background,  in  1992  the  Advisory 
Committee  on  education  and 
the  field  of  architecture  adopted  a 
in 
recommendation in which it called on the Member States to raise the duration of training 
to  a minimum of five  years  followed  by  two  years'  compulsory practical training  before 
gaining  access  to  the  profession  of architect.  In  1993  the  Member  States  discussed  the 
recommendation  in  the  Ad  Hoc  Group  of  Senior  Officials  responsible  for  the  free 
movement of architects.  The  discussion showed that there  was  no  majority in favour  of 
accepting such a recommendation;  this highlights the  sensitive and delicate nature of the 
question.  This  question  of the  duration  of training  is  covered  by  the  review  of the 
Directive provided for  by Article 30 and  which could be the  subject of a communication 
from the Commission. 

IV.  CONCLUSION 

In  view  of the  experience  gained  and  developments  in  training,  there  is  no  need  to 
propose  an  amendment 
the  derogation  for 
Fachhochschulen because: 

to  Directive  85/3 84/EEC  regarding 

( 1)  the  training  provided  for  by  the  derogation  is  balanced  since  it  makes  up  for  the 
missing year by four years' professional experience sanctioned by  a certificate issued 
by  the  professional  body  which  must  establish  that  the  work  carried  out  by  the 
architect  constitutes  conclusive  proof  of  all  the  knowledge  required  for  normal 
architectural training; 

(2)  application of the derogation has not given rise to any problems; 

(3)  the  cases  that  are  possibly  not  covered  by  Directive  85/3 84/EEC  (professional 
experience acquired outside Germany) are resolved by the  Vlassopoulou case-law; 

(4)  even  though  the  duration  of the  training  at  Fachhochschulen  has  been  increased,  in 
general, to  four years, the derogation remains valid for the few Lander where that has 
not occurred. 

4 

Communication 
from the Government of the Federal Republic of Germany 
to the Commission of the European Communities 
dated 5 January 1995 

-

Subject: Architects Directive 85/384/EEC 

&: duration of training in architecture in the new Lander 
Commission letter date4 23  February 1993  (002321/III/F/2-TZ/cb) 

Ref.: 

The  Government of the Federal Republic  of Germany would  inform the  Commission of 
the European Communities that: 

Annex 1 to this communication contains a list of universities and Fachhochschulen in the 
new Lander that offer courses in architecture. 

The  list  in  Annex 2  provides  an  overview  of the  duration  of studies  and  the  practical 
semester in the field of architecture at Fachhochschulen in the new Lander. 

The  overall  table  (Annex 3)  gives  the  length  of studies  and  the  practical  semester  at 
German Fachhochschulen for the field of architecture, classified acc0rding to Lander. 

The  practical  semesters  in  question  are  those  included  in  the  respective  courses  and 
which are included in the final examination at the end of the course. 

At the moment, Rhineland-Palatinate is preparing an amendment to  the Universities Law 
which would lay  down a standard duration of studies for  Fachhochschule courses of four 
years, including one or two practical semesters. 

Lastly,  the  German  Government  reserves  the  right  to  add  to  the  list  of universities  in 
Germany offering courses in architecture. 

I would ask you to forward the enclosed communication to  the Secretariat-General with a 
copy to  DG XV. 

( complimentary close) 

Annex 1 

Universities 
(new Lander, architecture studies) 

Technische Universitiit Dresden 
MommsenstraBe  13 
01069 Dresden (SN) 

Technische Universitiit Cottbus 
Karl-Marx-StraBe  17 
Postfach 10  13  44 
03013 Cottbus (BB) 

Hochschule fiir  Architektur 
und Bauwesen Weimar 
Geschwister-Scholl-StraBe 8 
99423 Weimar (TH) 

Facbhochschulen 

(new Lander, architecture studies) 

Hochschule fiir  Technik 
und Wirtschaft Dresden 
Friedrich-List-Platz 1 
01069 Dresden (SN) 

Fachhochschule  Erfurt 
SchliiterstraBe  1 
99089 Erfurt  (TH) 

Fachhochschule Anhalt 
Bernburg-Dessau-Kothen 
Bernburger StraBe 52-57 
06366 Kothen  (ST) 

Hochschule fiir  Technik, 
Wirtschaft und Kultur Leipzig 
EichendorffstraBe 2 
Postfach 66 
04251  Leipzig (SN) 

Fachhochschule Potsdam 
Friedrich-Ebert-StraBe 4 
14467 Potsdam  (BB) 

Fachhochschule Lausitz 
( Cottbus/ Senf ten berg) 
GroBenhainer StraBe  57 
01969 Senftenberg  (BB) 

Hochschule Wissmar 
Fachhochschule fur  Technik, 
Wirtschaft  und Gestaltung 
Philipp-Miiller-StraBe 
Postfach  12  10 
23952 \Vismar  (MV) 

Duration of studies  and practical  semesters at Fachhochschulen 
Architecture  studies  in the  new  Lander 

Annex 2 

Land 

BE 
MV 
SN 

ST 

TH 

Uni/FHSchule 
Law of 
12.10.1990 
09.02.1994 
25.07.1991 

31.07.1991 

provisional Order* 
18.09.1990 

Article 

Semesters 

Practical semesters 

Duration of studies 

23(2) 
8(3) 
10(4) 

10(4) 

8(4) 

7 
7/8 
7 
6 
7 
6 
7 
6 

1-2 
2/1 
1 
2 
1 
2 
1 
2 

4 years 
4 years 
4 years 

4 years 

4 years 

$, 

* Note  from  Translation Service:  replaced by  Hochschulgesetz on  7 July  1992. 

BW: 
BY: 
BE: 
BB: 
HB: 
HH: 

Baden-Wiirttemberg 
Bavaria 
Berlin 
Brandenburg 
Bremen 
Hamburg 

Hesse 

HE: 
MV:  Mecklenburg-Western Pomerania 
NI: 
NW: 
RP: 
SL: 

Lower Saxony 
North Rhine-Westphalia 
Rhineland-Palatinate 
Saarland 

SN: 
ST: 
SH: 
TH: 

Saxony 
Saxony-Anhalt 
Schleswig-Holstein 
Thuringia 

f 

Duration of studies  and practical  semesters at Fachhochschulen 

Annex 3 

Land 

Abbreviation 

Uni/FHSchule 
Law of 

Article 

Semesters 

BW 

BY 
BE 
BB 

HB 

HH 

HE 

MV 

NI 
NW 

RP 

SL 

SN 

ST 

SH 
TH 

_o 

88010 

88015 

88016 

88023 
88024 
88025 

88026 

88028 

88029 

88030 

88032 

88034 

88035 

88036 
88037 
88038 

88041 

88042 

30.10.1987 

08.12.1"988 

12.10.1990 

01.07.1991 

(20.12.1988) 
25.12.1982 
02.07.1991 
(16.07.1991) 
06.06.1978 
26.06.1990 
09.02.1994 

14.06.1989 

15.08.1988 

13.11.1987 
10.09.1987 
27.08.1991 
15.05.1991 
25.07.1991 

31.07.1991 

28.02.1990 

provisional  Order* 
18.09.1990 

31 

76(6) 

23(2) 

10(4) 

57(4) 

47(3) 

45(4/5) 

8(3) 

16(4) 

55(3) 

18 

57(9) 

10(4) 

10(4) 

83(4) 

8(4) 

6 

6 

7 

6 

6 

6 

6 

7/8 

6 

7 

6-7 

7 

7 
6 
7 
6 
6 

7 
6 

Practical 
semesters 
2 

2 

1-2 

2 

2 

2 

2 

2/1 

2 

1 (opt) 
1 + exam 

Duration 
of studies 
4 years 

4 years 

Comments 

4 years 
4 years  All  previously authorized exam regulations.  FHSchule 8 semesters,  mainly  3.5  + 0.5 

4 year 

Conversion of exam regulations to  4 years (3  + 1 or 3.5  + 0.5) 

4 years 

Possible,  but not necessary 

4 years  Conversion phase to  3.5  + 0.5 

4 years 

4 years 

4 years 

3 years  Conversion under way  to  4 years  (3.5 (statutory)  (theory  and 0.5 project in firms) 

1-2 

4 years 

1 
2 
1 
2 

1 
2 

4 years 

4 years 

Conversion of exam.  regulations to  3.5  + 0.5 
4 years 

' 

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