Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization and transitional measures and supplementing the general systems for the recognition of qualifications (COM(96)0022 C4- 0123/ 96 96/0031(COD))
Date: 1997-02-20
Institutions: Committee on Legal Affairs, European Parliament
Subjects: freedom to provide services, professional qualifications, recognition of diplomas, right of establishment













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51997AP0003

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization and transitional measures and supplementing the general systems for the recognition of qualifications (COM(96)0022 C4- 0123/ 96 96/0031(COD))  


Official Journal C 085 , 17/03/1997 P. 0114 





A4-0003/97Proposal for a European Parliament and Council Directive establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization and transitional measures and supplementing the general systems for the recognition of qualifications (COM(96)0022 - C4-0123/96 - 96/0031(COD))The proposal was approved with the following amendments:(Amendment 1)Recital 5>Original text>(5) Whereas appropriate procedures need to be introduced for updating the categories of professional experience and the lists of professional activities to which these categories refer;>Text following EP vote>(5) Whereas appropriate procedures need to be introduced for updating the lists of professional activities;(Amendment 2)Recital 6>Original text>(6) 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 professional education and training of at least three years' duration and Council Directive 92/51/EEC of 18 June 1992 on a general system for the recognition of professional education and training to supplement Directive 89/48/EEC, as last amended by Commission Directive 95/43/EC, do not apply to certain professional activities covered by the Directives applying to this subject- matter; whereas recognition machinery in respect of qualifications should, therefore, be introduced for those professional activities not covered by Directives 89/48/EEC and 92/51/EEC;>Text following EP vote>(6) 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 professional education and training of at least three years' duration and Council Directive 92/51/EEC of 18 June 1992 on a general system for the recognition of professional education and training to supplement Directive 89/48/EEC, as last amended by Commission Directive 95/43/EC, do not apply to certain professional activities covered by the Directives applying to this subject-matter (Part One of Annex A to this Directive); whereas recognition machinery in respect of qualifications should, therefore, be introduced for those professional activities not covered by Directives 89/48/EEC and 92/51/EEC; whereas the professional activities listed in Part Two of Annex A to this Directive fall within the scope of Directive 92/51/EEC where the recognition of diplomas is concerned;(Amendment 3)Article 3(1)>Original text>1. Without prejudice to Article 4, a Member State may not, on the grounds of inadequate qualifications, refuse to permit a national of another Member State to take up or pursue any of the activities listed in Part One of Annex A on the same conditions as apply to its own nationals, without having first compared the skills certified by the qualifications obtained by the applicant with a view to pursuing the same activity elsewhere in the Community with those required under its own national rules. Where the comparative examination shows that the knowledge and skills certified by a qualification awarded by another Member State correspond to those required by the national rules, the host Member State cannot refuse the holder the right to pursue the activity in question. Where, however, the comparative examination shows only partial correspondence, the host Member State shall give the applicant the opportunity to demonstrate that he has acquired the knowledge and skills which were lacking.>Text following EP vote>1. Without prejudice to Article 4, a Member State may not, on the grounds of inadequate qualifications, refuse to permit a national of another Member State to take up or pursue any of the activities listed in Part One of Annex A on the same conditions as apply to its own nationals, without having first compared the skills certified by the qualifications obtained by the applicant with a view to pursuing the same activity elsewhere in the Community with those required under its own national rules. Where the comparative examination shows that the knowledge and skills certified by a qualification awarded by another Member State correspond to those required by the national rules, the host Member State cannot refuse the holder the right to pursue the activity in question. Where, however, the comparative examination shows only partial correspondence, the host Member State shall give the applicant the opportunity to demonstrate that he has acquired the knowledge and skills which were lacking, especially by attending an updating course or taking an aptitude test by analogy with Directives 89/48/EEC and 92/51/EEC.(Amendment 7)Article 5, introduction>Original text>A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Article 4 if he has pursued such an activity in an industrial or commercial enterprise in the occupational field in question:>Text following EP vote>A person shall be regarded as having pursued an activity as manager of an undertaking within the meaning of Article 4 if he has pursued such an activity in an undertaking in the occupational field in question:(Amendment 8)Article 6>Original text>Proof that the conditions laid down in Article 4 are satisfied shall be established by a certificate issued by the competent authority or body in the home Member State or in the Member State from where the applicant comes and which the applicant shall submit in support of his application for authorization to pursue the activity or activities in question in the host Member State.>Text following EP vote>Proof that the conditions laid down in Article 4 are satisfied shall be established by a certificate concerning the nature and duration of the activity issued by the competent authority or body in the home Member State or in the Member State from where the applicant comes and which the applicant shall submit in support of his application for authorization to pursue the activity or activities in question in the host Member State.(Amendment 9)Article 9>Original text>The provisions of Article 4 and the lists shown in Annex A may be amended in accordance with the procedure set out in Article 10.>Text following EP vote>The lists shown in Annex A may be amended in accordance with the procedure set out in Article 10.(Amendment 10)Article 11(2), 2nd indent>Original text>- collecting all useful information for its application in the Member States.>Text following EP vote>- collecting all useful information for its application in the Member States, and especially for gathering and comparing information on the different professional qualifications in the areas of activity falling within the scope of this Directive.(Amendment 11)Article 13a (new)>Text following EP vote>Article 13aNot later than five years after the date referred to in Article 14 the Commission shall report to the European Parliament and the Council on the state of application of this Directive in the Member States.After undertaking all the necessary hearings, the Commission shall submit its conclusions regarding any changes to the existing arrangement. If necessary, the Commission shall also submit proposals for improving the existing arrangements with the aim of facilitating freedom of movement, the right of establishment and the free movement of services.Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization and transitional measures and supplementing the general systems for the recognition of qualifications (COM(96)0022 - C4- 0123/96 - 96/0031(COD))(Codecision procedure: first reading)The European Parliament,- having regard to the Commission proposal to Parliament and the Council, COM(96)0022 - 96/0031(COD) ((OJ C 115, 19.4.1996, p. 16.)),- having regard to Articles 189b(2), 49, 57(1) and (2), first and third sentences, and 66 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0123/96),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on Employment and Social Affairs (A4-0003/97),1. Approves the Commission proposal, subject to Parliament's amendments;2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;6. Instructs its President to forward this opinion to the Council and Commission.