Resolution on the report from the Commission containing a review, on the basis of experience, of Council Directive 85/ 384/EEC of 10 June 1985 pursuant to Article 30 thereof (COM(97)0350 C4-0487/97)
Date: 1998-03-13
Institutions: Committee on Legal Affairs, European Parliament
Subjects: EC Directive, architecture, freedom to provide services, national implementing measure, recognition of diplomas, right of establishment, town-planning profession, vocational training













EUR-Lex - 51998IP0079 - EN






Avis juridique important




|



51998IP0079

Resolution on the report from the Commission containing a review, on the basis of experience, of Council Directive 85/ 384/EEC of 10 June 1985 pursuant to Article 30 thereof (COM(97)0350 C4-0487/97)  


Official Journal C 104 , 06/04/1998 P. 0281 





A4-0079/98Resolution on the report from the Commission containing a review, on the basis of experience, of Council Directive 85/384/EEC of 10 June 1985 pursuant to Article 30 thereof (COM(97)0350 - C4-0487/97)The European Parliament,- having regard to the report from the Commission (COM(97)0350 - C4-0487/97),- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on Culture, Youth, Education and the Media (A4-0079/98),A. whereas Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services ((OJ L 223, 21.8.1985, p. 15.)) is one of the sectoral directives in respect of the mutual recognition of diplomas, which was needed because of the particular nature of architecture,B. whereas this directive, which was subsequently amended to take account of the enlargement of the European Community and the reunification of Germany, was transposed into national law with a considerable delay,C. whereas the Commission's report, as laid down in Article 30 of Directive 85/384/EEC, reviews the directive on the basis of experience acquired and recommends amendments for subsequent proposal,D. whereas the Commission did not see fit to give Parliament the opportunity to express its opinion before submitting these amendments in a proposal for a directive;1. Welcomes the full and detailed information contained in the report;2. Believes that, in view of the complexity and diversity of the field of architecture, the implementation of Directive 85/384/EEC is a typical case where the principle of the automatic recognition of diplomas, as enshrined in Article 2, does not cover many types of architectural training, which are however quite lawful;3. Believes that this shortcoming may best be remedied by the more frequent use of the provisions in Article 7 of Directive 85/384/EEC by the Member States, with the result that all legally recognized types of architectural training and the resulting diplomas, certificates and other evidence of qualifications may, for the purposes of mutual recognition by the Member States, be included in the list pursuant to Article 7;4. Hopes that the Member States will more frequently apply the principles laid down by the Court of Justice in its judgment in the Vlassopoulou case ((Judgment of 7 May 1991, Case C-340/89 [1991] ECR, p. I-2357.));5. Provisionally notes the amendments to Directive 85/384/EEC the Commission intends to submit and will reach its decision on them in its opinion on proposal for a directive COM(97)0638 of 2 December 1997 ((OJ C 28, 26.1.1998, p. 1.)); regrets to note, however, that the Commission deprived Parliament of the opportunity to deliver an opinion on this communication before it adopted the proposal for a directive;6. Calls for the competent authority in the host country (cf. Articles 12, 14 and 22) to be clearly designated and its identity systematically communicated to the Commission;7. Approves the Commission's intention of easing the requirements concerning proof of financial standing as regards the provision of services, but calls likewise for easing of the formalities regarding the production of qualifications and certificates when providing services for the second time if this occurs soon after the first;8. Calls on the Commission to reconsider whether, under proposal for a directive COM(97) 0638 of 2 December 1997, those Member States which in 1985 did not apply for or receive derogations as other Member States did when the directive came into force, might not be given the opportunity of obtaining recognition for training of longer standing combined with lengthy periods of working experience, as this proposal for a directive already provides in respect of other professions;9. Considers that the Commission should involve it, through its committee responsible, in any studies it might undertake into the long-term desirability of incorporating architecture into the general arrangements laid down by Directive 89/48/EEC ((OJ L 19, 24.1.1989, p. 16.)); considers, however, that in the present context Directive 85/384/EEC appertaining to architecture should continue to apply as such, as it has worked well in practice;10. Instructs its President to forward this resolution to the Council and the Commission and to the governments of the Member States.