Amended proposal for a Directive of the European Parliament and of the Council on the recognition of professional qualifications (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2004-04-20
Institutions: European Commission
Subjects: education policy, employment policy, exchange of information, professional qualifications, provision of services, recognition of diplomas

COMMISSION OF THE EUROPEAN COMMUNITIES  

Brussels, 20.4.2004 
COM(2004) 317 final 

2002/00061(COD) 

Amended proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the recognition of professional qualifications 

(presented by the Commission pursuant  
to Article 250 (2) of the EC Treaty) 

EN 

   EN 

 
 
 
 
2002/00061(COD) 

Amended proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the recognition of professional qualifications 

1. 

BACKGROUND 

Transmission  to  the  Council  and  European  Parliament  of  proposal  COM(2002)119  final  – 
2002/0061/(COD) in accordance with Article 40, Article 47(1) and (2) and Article 55 of the 
EC Treaty: 

 7 March 2002. 

Opinion of the Economic and Social Committee: 
SOC/113 – ESC 724/2002 final. OJEC C 61, 14.3.2003, page 67.  

18 September 2002  

Opinion of the European Parliament - first reading:   
- C5-0113/2002 

11 February 2004  

2. 

AIM OF THE COMMISSION PROPOSAL 

Consolidation  of  the  existing  Directives  on  the  mutual  recognition  of  professional 
qualifications.  Fifteen  Directives  concerning  the  recognition  of  professional  qualifications 
have  been  consolidated:  three  general  system  Directives  (89/48/EEC,  92/51/EEC  and 
1999/42/EC,  the  latter  of  which  concerns  certain craft,  industrial  and  commercial  activities) 
and twelve “sectoral” Directives regarding doctors, nurses responsible for general care, dental 
practitioners, veterinary surgeons, midwives, pharmacists and architects. 

Contribution  to  the  flexibility  of  labour  markets,  particularly  by  facilitating  the 
provision of services. As part of the Lisbon strategy for making the European economy more 
dynamic  and  competitive,  it  has  been  proposed  that  the  provision  of  services  be  facilitated. 
Giving legally established professionals direct access to the professions in question under the 
professional title of the Member State of origin would be a great step forward. This is to be 
counterbalanced  by  an  increase  in  the  mandatory  sharing  of  information  between  the 
authorities of the Member States and with citizens.  

Simplification  of  the  existing  rules  regarding  the  recognition  of  professional 
qualifications and the administration of the recognition system. Both the drafting and the 
substance of certain rules on recognition have been simplified in order to adapt the provisions, 
particularly with an eye to enlargement. This concerns, among other things, the rules on the 
levels of qualification on which the general system is based, limiting recognition to medical 
specialisations  common  to  all  the  Member  States,  and  subsidiary  application  of  the  general 
system to certain residual situations not currently covered either by the “general system” for 
recognition,  nor  by  the  rules  on  automatic  recognition  set  out  in  the  “sectoral”  Directives. 
Moreover, the proposal introduces common platforms, which are intended to facilitate more 
automatic  recognition  within  the  general  system.  Lastly,  common  rules  on  the  recognition 
procedure will simplify administration of the system at national level. 

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Better  administration  and  improved  information  and  advice  for  citizens.  More 
mechanisms  for  administrative  cooperation  together  with  structures  designed  to  inform  and 
assist citizens will improve system administration. What is more, a “comitology” committee 
will  be  set  up  to  update  certain  technical  provisions  laid  down  in  the  Directive.  The 
Commission should also set up an expert group, using an instrument other than the Directive, 
to  assist  it  and  take  over  the  roles  of  the  two  current  committees.  A  flexible  method  for 
consulting European professional associations and the teaching establishments concerned will 
provide the technical input needed for administering the system. The  system described here 
will make it possible to discontinue eleven current committees and groups.  

3. 

OPINION OF THE COMMISSION ON THE AMENDMENTS ADOPTED BY PARLIAMENT 

3.1. 

Amendments accepted by the Commission in their entirety, redrafted for purely 
formal reasons, or redrafted in part or in substance 
(Amendments 31, 34, 39, 139, 55, 5, 141, 189, 87, 143, 52, 146, 136, 53, 8, 62, 63, 
9, 58, 192, 193, 216, 217, 151, 12, 185, 70, 68, 207, 152, 80, 88, 90, 93, 95, 97, 161, 
154, 96, 162, 102, 94, 81, 86, 159, 160, 101, 32, 89, 110, 114, 116, 26, 181, 29)  

The  Commission  has  accepted  55  of  the  125  amendments  adopted  by  the  European 
Parliament  in  their  entirety,  redrafted  for  purely  formal  reasons,  or  in  part,  in  spirit  or  with 
adaptation.  

3.1.1.  General provisions 

Amendment  31  excludes  from  the  scope  of  the  Directive  professions  whose  activities  are 
connected,  even  occasionally,  with  the  exercise of  official  authority.  A  derogation  from  the 
principle  of  freedom  of  establishment  and  the  freedom  to  provide  services  for  professions 
which involve direct and specific participation in the exercise of official authority is provided 
for  under  Article  45  of  the  EC  Treaty  to  which Recital  31  refers.  The  wording  must  in  any 
event  take  into  account  the  precise  limits  set  by  the  Treaty.  Recital:  “(31)  This  Directive  is 
without prejudice to the application of Article 39(4) and Article 45 of the Treaty, nor of the 
measures necessary to ensure a high level of health and consumer protection. In particular, 
the  Member  States  are  not  required  to  apply  the  provisions  of  this  Directive  to  activities 
which, on their territory, are connected in and of themselves, even occasionally, with direct 
and specific participation in the exercise of official authority.” 

*** 

Amendment 34 specifies in Article 2(2) that recognition by a Member State under national 
regulations of educational qualifications acquired in a third country does not entitle the holder 
of  those  qualifications  to  perform  the  professional  activity  in  question  in  another  Member 
State.  

This amendment is consistent with Article 3(3) of the proposal, which states that the Directive 
applies to holders of evidence of formal qualifications obtained in non-member countries and 
recognised  by  a  Member  State  only  after  they  have  practised  the  profession  in  the  Member 
State in question for three years. The Commission therefore accepts it. 

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1. Unchanged.  

“Article 2 
Scope 

2. 

Each  Member  State  may  permit  persons  in  possession  of  evidence  of  formal 
qualifications  not  obtained  in  a  Member  State  to  perform  regulated  professional 
activities  on  its  territory,  in  accordance  with  its  rules.  Such  permission  shall  not 
entitle these persons to perform a regulated professional activity in another Member 
State.  In  the  case  of  professions  covered  by  Title  III,  Chapter  III,  this  initial 
recognition  must  respect  the  minimum  training  conditions  laid  down  in  that 
Chapter.” 

*** 

Amendment 39 to Article 4(1), and part of amendments 141 and 189 to Articles 5a and 6 
respectively, are intended to make migrant professionals subject to the same obligations as the 
nationals of the host Member State. Recital 3 already goes in this direction, although it does 
specify that the obligations can only be imposed on a migrant if they satisfy the conditions set 
out by the Court of Justice (justification for reasons of public interest, suitability for achieving 
the  objective  pursued,  and  proportionality).  The  drafting  of  the  amendment  could  include 
disproportionate restrictions, particularly with regard to the provision of services. In order to 
avoid  conflict  with  the  Treaty  as  interpreted  by  the  Court  of  Justice,  it  would  be  more 
appropriate to use the existing terminology from Directives 89/48/EEC and 92/51/EEC.  

Amendment 139 specifies  that, in  cases of partial access to a profession in a host Member 
State, suitable explanations concerning professional qualifications must be provided so as to 
avoid  possible  confusion  for  consumers.  The  Commission  agrees  with  this  approach. 
However, such a provision is already set out in the second subparagraph of Article 48(1) of 
the proposal (cf. the Commission’s position on amendment 112, below), so there is no need to 
amend Article 4(3). 

The  Commission  takes  account,  therefore,  of  amendments  39  and  139,  together  with  the 
corresponding parts of amendments 141 and 189, and redrafts Article 4(1) of the proposal as 
follows: 

“Article 4 
Effects of recognition 

1. 

The  recognition  of  professional  qualifications  by  the  host  Member  State  allows  the 
beneficiary  to  gain  access  in  that  Member  State  to  the  profession  for  which  he  is 
qualified in the home Member State and to practise it in the host Member State under 
the same conditions as its nationals. 

2. and 3. Unchanged.” 

3.1.2.  Freedom to provide services 

*** 

Amendment 5 refers to the system which applies where service-providers move to the host 
Member State: exchange of information between Member States, pro forma registration with 

4 

 
 
  
 
the  competent  professional  association,  and  temporary  registration  with  the  social  security 
body of the host Member State. The proposed system does not meet the objective of making it 
easier  to  provide  services  on  a  temporary  and  occasional  basis.  Only  the  references  to 
exchanging  information  between  Member  States  and  to  pro  forma  registration  with  the 
competent  professional  association,  provided  that  the  latter  requirement  is  restricted  to 
healthcare  professionals,  can  be  accepted:  Recital:  “(5a)  For  the  free  provision  of  services, 
where the service-provider moves to the territory of another Member State, provision should 
be made for a system for exchanging information between Member States and, with regard to 
healthcare professions, a declaration to the competent body of the host Member State and pro 
forma  registration  with  the  competent  professional  association  or  similar  body  of  the  host 
Member State.” 

Amendment  55  introduces  an  Article  9a  which  excludes  auditors  from  Title  II  on  the 
freedom  to  provide  services.  Persons  responsible  for  carrying  out  the  statutory  audits  of 
accounting  documents  are  covered  by  Directive  84/253/EC,  which  makes  approval  by  the 
authorities  of  the  host  Member  State  mandatory.  This  effectively  prevents  the  provision  of 
services  without  prior  checking  of  qualifications.  The  Commission  therefore  accepts  this 
amendment,  subject  to  more  general  wording  in  Article  5  to  ensure  that  all  professions 
governed by specific legislation and future legislative developments are covered. 

Amendment 141 introduces a new Article 5a intended to reinforce the conditions which must 
be  met  by  service-providers.  Firstly,  service-providers  must  be  able  to  guarantee  safety  in 
their professional environment. This is unacceptable as it clears the way for the checking of 
qualifications,  which  is  not  compatible  with  the  desired  facilitation  of  the  provision  of 
services under original qualifications. This amendment also introduces a requirement for pro 
forma  registration  to  ensure  compliance  with  the  rules  of  conduct  applying  in  the  host 
Member State to professions subject to coordination of minimum training conditions. Such a 
requirement  can  be  accepted  with  regard  to  healthcare  professionals,  given  the  sensitive 
nature of that sector. 

Amendment  189  adds  to  Article  6  a  requirement  applicable  to  all  professions  subject  to  a 
special  professional  liability  regime  in  the  host  Member  State,  for  automatic  temporary 
registration with, or pro forma membership of, a professional organisation or body in the host 
Member  State  in  order  to  ensure  compliance  with  the  professional  or  administrative  rules 
applying  in  that  Member  State.  The  Commission  can  accept  such  a  requirement  only  for 
healthcare  professionals,  and  only  in  cases  where  the  service-provider  travels  to  provide 
services.  This  amendment  also  introduces  a  requirement  for  full  registration  with  the 
“appropriate  authorities”  where  the  profession  in  question  is  regulated  in  the  host  Member 
State but not in the Member State of establishment. This part of the amendment goes beyond 
what is needed to ensure that the professional or administrative rules in the host Member State 
are complied with, and is not geared towards the intended goal of simplifying the conditions 
for providing services.  

Amendment  87  adds,  in  Article  28a  of  the  Directive’s  Title  on  establishment,  specific 
provisions  concerning  the  provision  of  services  by  doctors.  The  Commission  recognises  the 
specific  nature  of  the  healthcare  field  and  can  therefore  accept  the  spirit  of  amendment  87. 
However,  the  same  provisions  are  therefore  justified  for  all  healthcare  professions.  The 
Commission  therefore  agrees  to  add  specific  rules  on  the  provision  of  services  for  all  the 
healthcare professions under the Title on services.  

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Furthermore,  amendment  143  specifies  in  Article  6(1)(a)  that  providing  the  information 
required for the provision of services should be straightforward and not bureaucratic. This is 
acceptable to the Commission. 

The  Commission  therefore  accepts  amendments  55  and  143,  partially  accepts  amendments 
141  and  189,  and  accepts  the  spirit  of  amendment  87,  redrafting  Articles  5  and  6  of  the 
proposal as follows: 

“Article 5 
Principle of the freedom to provide services 

1. 

a) 

b) 

Without prejudice to specific provisions of Community law or to Articles 6 and 7 of 
this  Directive,  Member  States  shall  not  restrict,  for  any  reason  relating  to 
professional  qualifications,  the  freedom  to  provide  services  in  another  Member 
State: 

if  the  service-provider  is  legally  established  in  a  Member  State  for  the  purpose  of 
practising the same professional activity there, and 

if the service-provider travels, provided that he has practised that activity for at least 
two years in the Member State of establishment, if the profession is not regulated in 
that Member State. 

2. and 3. Unchanged.  

4. 

If  the  service-provider  travels  to  provide  services  and  is  a  healthcare  professional, 
he shall be subject to those professional or administrative rules of conduct connected 
with the professional qualifications, applicable in the host Member State.” 

“Article 6 
Exemptions 

Pursuant to Article 5(1), the host Member State shall exempt service-providers established in 
another Member State from the requirements that it places on professionals established on its 
territory relating to: 

a) 

authorisation by, registration with, or membership of a professional organisation or 
body.  In  order  to  permit  the  application  of  the  rules  of  conduct  in  force  on  their 
territory  in  accordance  with  Article  5(4)  of  this  Directive,  Member  States  may 
provide  for  automatic  temporary  registration  or  pro  forma  membership  of  a 
professional association or body, provided that the measure does not delay or in any 
way complicate the provision of services and does not entail any additional expense 
for the service-provider;  

b) 

registration  with  a  public  social  security  body  for  the  purpose  of  settling  with  an 
insurer accounts relating to activities pursued for the benefit of insured persons. 

The service-provider shall, however, inform – in advance or, in urgent cases, subsequently – 
the body referred to in point b) of the first paragraph of the services to be provided or that 
have been provided. This information is to be transmitted in a simple and non-bureaucratic 
way.” 

6 

 
 
  
 
*** 

The  Commission  had  also  said  that  it  was  prepared  to  introduce  a  provision  which  would 
replace the obligation for healthcare professionals to inform the contact point in the Member 
State  of  establishment  with  an  obligation  to  inform  the  competent  authority  in  the  host 
Member State. To this end, Article 7 of the proposal is redrafted as follows: 

“Article 7 
Information to be provided in advance if the service-provider travels 

If the service provider  travels  in order to  provide  services,  he  shall, in advance, inform  the 
contact point in the Member State of establishment referred to in Article 53. However, if the 
service  provider  is  a  healthcare  professional,  the  host  Member  State  may  require  that  he 
inform,  in  advance,  the  body  competent  for  the  profession  in  question  in  the  host  Member 
State. In urgent cases, this information may be supplied as soon as possible after the services 
have been provided.” 

*** 

Amendment  52  replaces  the  term  “competent  authorities”  in  Article  8(2)  with  the  term 
“competent bodies” with regard to the exchange of relevant information on the provision of 
services.  This  amendment  leaves  open  the  possibility  that  bodies  other  than  national 
authorities proper (for example, professional associations to whom power has been delegated) 
may play this role, which the Commission accepts in line with its position on amendment 116 
(see below). 

Amendment 146 specifies that the provision of the proof required under Article 8 musts not 
have  effect  of  postponing  performance  of  the  services.  This  addition  contributes  to  the 
intended  aim  of  simplifying  the  conditions  for  the  provision  of  services;  the  Commission 
therefore accepts it.  

The  aim  of  amendment  136  is  to  reinforce  the  exchange  of  information  between  Member 
States on the legal establishment of the service-provider, firstly, by making it mandatory for 
the competent authority in the host Member State to ask for this information, and secondly, by 
stipulating that, in the absence of such a competent authority, this obligation must be fulfilled 
by  the  professional  association  or  a  similar  professional  body  as  soon  as  possible.  The 
Commission  accepts  this  part  of  the  amendment,  as  it  helps  to  strengthen  guarantees  for 
consumers without creating additional obstacles to the freedom to provide services. It should, 
however,  be  redrafted  to  ensure  consistency  with  amendment  52,  which  replaces  the  term 
“competent  authorities”  with  “competent  bodies”.  The  amendment  also  introduces  an 
obligation  for  the  professional  association  or  other  competent  body  to  provide  proof  of  the 
service provider’s competence. This part of the amendment cannot be accepted as, by clearing 
the  way  for  possible  checks  on  qualifications,  it  is  not  in  accordance  with  the  goal  of 
facilitating  the  provision  of  temporary  and  occasional  services,  which  is  based  on  the 
provision of services under the original title without checks on the professional qualifications. 
Consequently, the Commission accepts amendment 146 and parts of amendments 52 and 136, 
redrafting Article 8 of the proposal as follows: 

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“Article 8 
Administrative cooperation 

The competent bodies in the host Member State shall ask the competent bodies in the Member 
State of establishment to provide proof of the service-provider’s nationality and proof that he 
is legally practising the activities in question in that Member State. The competent bodies in 
the  Member  State  of  establishment  shall  provide  this  information  as  soon  as  possible  in 
accordance with the provisions of Article 52.  

Furthermore,  in  the  cases  referred  to  in  Article  5(1)(b),  the  competent  bodies  in  the  host 
Member State may ask the competent body in the Member State of establishment to provide 
proof that the service-provider has practised the activities in question in the Member State of 
establishment for at least two years. Such proof may take any form.  

The  provision  of  the  information  referred  to  in  this  Article  shall  not  have  the  effect  of 
postponing performance of the services.”  

*** 

Amendment 53 reinforces the requirements regarding the information that service-providers 
must  transmit  to  the  recipients  of  the  service.  The  Commission  accepts  these  requirements 
insofar  as  they  are  both  useful  for  consumers  and  proportionate.  This  relates  to  the 
stipulations that the information supplied to consumers must be easy for any consumer to read 
and understand, that consumers must be informed that the profession is not regulated in the 
country  of  establishment,  that  consumers  must  be  given  proof  that  the  service-provider  is 
insured  for  professional  liability,  and  that  this  information  must  be  transmitted  to  the  host 
Member  State  on  request.  On  the  other  hand,  requiring  the  service-provider  to  supply 
consumers  with  references  to  the  professional  rules  applicable  in  both  the  Member  State  of 
establishment  and  the  host  Member  State  is  disproportionate,  insofar  as  it  increases 
obligations  on  the  migrant  professional  and  consumers  can  easily  find  this  information 
themselves. The Commission therefore partially accepts Amendment 53, redrafting Article 9 
of the proposal as follows: 

“Article 9 
Information to be given to the recipients of the service 

In addition to the other requirements relating to information contained in Community law, the 
Member  States  shall  ensure  that  the  service-provider  supplies  the  recipient  of  the  services 
with  the  following  information,  in  a  way  that  can  be  easily  read  and  understood  by  any 
consumer: 

a) 

b) 

c) 

if  the  service-provider  is  registered  in  a  commercial  register  or  similar  public 
register, the commercial register in which he is registered, his registration number, 
or equivalent means of identification contained in that register; 

if  the  activity  is  subject  to  authorisation  in  the  Member  State  of  establishment,  the 
name and address of the competent supervisory body; 

any  similar  professional  association  or  body  with  which  the  service  provider  is 
registered; 

d) 

the professional qualification and the Member State in which it was awarded; 

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e) 

f) 

fa) 

fb) 

a reference to the professional rules applicable in the Member State of establishment 
and to the means of gaining access to those rules; 

if  the  service-provider  performs  an  activity  subject  to  VAT,  the  VAT  identification 
number referred to in Article 22(1) of Council Directive 77/388/EEC1; 

if  applicable,  the  fact  that  the  profession  is  not  regulated  in  the  Member  State  of 
establishment; 

proof, if required in the Member State of establishment, that the service-provider is 
insured against the financial risks connected with any challenge to his professional 
liability.”  

*** 

3.1.3.  Freedom of establishment   

General system for the recognition of educational qualifications 

Amendment  8  introduces  Recital  7a  which  refers  to  the  need  to  take  account  of  the 
development  of  educational  systems  that  foster  the  increased  mobility  of  students.  This 
amendment is linked to amendment 63 regarding the recognition of qualifications acquired on 
the  basis  of  franchised  education.  It  also  usefully  highlights  the  consistency  of  the  proposal 
with the policy on student mobility. 

Amendment  62  adds  to  Article  13  a  paragraph  2a  which  specifies  that  migrants  cannot  be 
required to provide any form of attestation other than their diploma as proof of their academic 
qualifications.  This  amendment  is  specifically  intended  to  prohibit  the  host  Member  State 
from  requiring  any  form  of  attestation  showing  that  the  training  actually  took  place  at  the 
establishment  that  delivered  the  evidence  of  formal  training.  Although  this  amendment  is 
acceptable in spirit, it is not needed, since Annex VII of the proposal contains an exhaustive 
list of the documents to be provided. 

Amendment  63  adds  to  Article  13  a  paragraph  2b  which  specifies  that  diplomas  awarded 
following  training  provided  on  the  territory  of  another  Member  State  on  the  basis  of  a 
franchising  agreement  with  a  teaching  institution  located  in  the  Member  State  of  origin  are 
also covered by  the  Directive.  The  Commission shares this approach and can therefore also 
accept  the  spirit  of  this  amendment.  It  should  be  stressed  that  the  Court  of  Justice  recently 
handed down a judgment stating that refusal to recognise a diploma on the grounds that the 
training  was  provided  outside  the  institution  which  delivered  the  diploma  is  contrary  to 
Article 43 of the EC Treaty2. However, it would be more suitable to specify this in a recital. 

Consequently,  the  Commission  accepts  amendments  62  and  63  in  spirit,  and  amendment  8, 
subject to additional clarification intended particularly to enable the Member State of origin to 
verify  the  value  of  qualifications  obtained  through  training  outside  the  institution  that 
delivered them in order to limit the risk of fraud: 

Recital:  “(7a)  Account  must  be  taken  of  the  development  of  educational  methods  and 
programmes  of  study  in  several  Member  States,  particularly  with  regard  to  franchise 

1 

2 

OJ L 145, 13.06.1977, p. 1. Directive as last amended by Directive 1999/85/EC (OJ L 277, 28.10.1999, 
p. 34). 
Judgment of 13.11.2003 in Case C-153/02, not yet published. 

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agreements. If the evidence of formal training is issued by a Member State following training 
carried out wholly or in part on the territory of another Member State, the host Member State 
may check with the competent body in the Member State of origin to verify whether, in that 
country, such evidence confers the same rights as evidence of formal training issued following 
training carried out in the Member State of origin.” 

*** 

Amendment  9, which introduces a Recital 7b, and  amendment 58,  which  adds paragraphs 
2a and 2b to Article 12, specify that migrants cannot obtain recognition of recognition granted 
by another Member State without having obtained professional qualifications from the latter 
so as to acquire greater rights in their country of origin. Prohibition of this practice, known as 
“zigzagging”,  is  consistent  with  the  Commission’s  interpretation  of  existing  Directives;  it 
would  be  helpful  to  clarify  it.  A  recital  redrafting  amendment  9  should  be  sufficient  to 
accomplish this: Recital: “(7b) An individual holding professional qualifications which have 
been recognised under this Directive may not use such recognition to obtain in their Member 
State  of  origin  rights  which  differ  from  those  conferred  by  the  professional  qualification 
obtained in that Member State.” 

*** 

Amendment 192 clarifies in Article 11(2) the type of training which underpins the attestation 
of competence and which corresponds to the first level of professional qualification as defined 
for  the  purposes  of  the  application  of  the  general  system  for  recognition.  Since  this 
clarification is useful and in line with the acquis, the Commission accepts it. 

Amendment  193  clarifies  the  concept  of  certificates  in  Article  11(3),  particularly  by 
reintroducing  the  concept  of  regulated  training  at  this  level.  This  amendment  is  acceptable 
insofar  as  it  makes  the  text  clearer.  What  is  more,  reintroducing  the  concept  of  regulated 
training at this level is in line with the acquis. However, given that Annex III to the proposal 
will no longer be updated, and as it contains only level 3 regulated training, the reference to 
this Annex in Article 11(3) should be deleted. Moreover, the distinction between level 2 and 
level 3 regulated training should be more closely defined. The Commission therefore accepts 
amendment 193 in a redrafted version.  

Amendments 216 and 217 clarify the concept of level 4 and level 5 diplomas mentioned in 
the  first  subparagraphs  of  Article  11(5)  and  (6)  respectively,  in  particular  by  referring  to 
part-time training. However, in order to remain faithful to the acquis, a technical adjustment 
regarding the length of the training to which they refer must be made to the first and second 
subparagraphs of Article 11(5) and the first and second subparagraphs of Article 11(6). 

For  reasons  of  consistency,  the  Commission  considers  that  the  definition  of  level 3  training 
that is in line with the acquis should also be clarified in Article 11(4). 

“Article 11 
Levels of qualification 

1. Unchanged.  

2. 

Level 1 corresponds to an attestation of competence issued by a competent authority 
in the home Member State on the basis: 

10 

 
 
  
 
a) 

b) 

3. 

a) 

b) 

either of a training course not leading to a certificate or diploma within the meaning 
of paragraphs 3, 4, 5 and 6 of this Article, or a specific examination without prior 
training  or  full-time  practice  of  the  profession  in  a  Member  State  for  three 
consecutive  years  or  for  an  equivalent  duration  on  a  part-time  basis  during  the 
previous ten years, or 

of  general  primary  or  secondary  education,  attesting  that  the  holder  has  acquired 
general knowledge.  

Level 2 corresponds to a certificate certifying training at secondary level: 

either general in character, supplemented by a course of education or professional 
training other than those referred to in paragraph 4, and/or by the probationary or 
professional practice required in addition to this course, or 

of a technical or professional nature, supplemented, where appropriate, by a course 
of  education  or  professional  training  as  referred  to  in  point  (a),  and/or  by  the 
probationary or professional practice required in addition to this course. 

The  following  shall  be  treated  as  level  2  training  within  the  meaning  of  the  first 
subparagraph: regulated training courses which confer on the holder a comparable level of 
professional  training  and  a  similar  level  of  responsibilities  and  functions,  are  specifically 
aimed  at  the  practice  of  a  particular  profession  and  consist  of  a  programme  of  study 
supplemented, where appropriate, by a course of vocational training, professional traineeship 
or  practical  work  experience,  whose  structure  and  level  are  laid  down  in  the  legislative, 
regulatory or administrative provisions of the Member State in question, or which are subject 
to supervision or approval by the authority designated for that purpose. 

4. 

a) 

b) 

Level 3 corresponds to a diploma certifying: 

either  training at post-secondary level, other than that referred  to in paragraphs 5 
and  6,  of  a  duration  of  at  least  one  year,  or  of  an  equivalent  duration  part-time, 
which requires successful completion of a secondary-level course of study for access 
to  training  at  higher  or  university  level,  and  any  professional  training  that  may  be 
required in addition to this post-secondary study, or 

training  courses  with  a  special  structure  that  provide  a  comparable  level  of 
professional 
level  of 
the 
responsibilities and functions. The courses listed in Annex II are specific examples. 

training  and  prepare 

for  a  comparable 

trainee 

The  following  shall  be  treated  as  level  3  training  within  the  meaning  of  the  first 
subparagraph: regulated training courses which confer on the holder a comparable level of 
professional  training  and  a  similar  level  of  responsibilities  and  functions,  are  specifically 
aimed  at  the  practice  of  a  particular  profession  and  consist  of  a  programme  of  study 
supplemented, where appropriate, by a course of vocational training, professional traineeship 
or  practical  work  experience,  whose  structure  and  level  are  laid  down  in  the  legislative, 
regulatory or administrative provisions of the Member State in question, or which are subject 
to  supervision  or  approval  by  the  authority  designated  for  that  purpose.  The  regulated 
training courses listed in Annex III are specific examples. 

5. 

Level  4  corresponds  to  a  diploma  certifying  that  the  holder  has  successfully 
completed a post--secondary course of at least three, and not more than four, years’ 

11 

 
 
  
 
duration, or of an equivalent duration part-time, at a university or establishment of 
higher  education  or  another  establishment  of  equivalent  level  and,  where 
appropriate, that he has successfully completed the professional training required in 
addition to the post-secondary course. 

The following shall be treated as level 4 training: regulated training that is directly aimed at 
the practice of a particular profession and consists of a programme of post-secondary study 
of  at  least  three,  and  not  more  than  four,  years’  duration,  or  a  part-time  programme  of 
post-secondary  study  of  equivalent  duration,  carried  out  at  a  university  or  an  institution 
providing  an  equivalent  level  of  training,  and,  possibly,  professional  training,  or 
probationary  or  professional  practice  required 
the  programme  of 
post-secondary study. 

in  addition 

to 

The structure and level of the professional training and probationary or professional practice 
shall be laid down in the legislative, regulatory or administrative provisions of the Member 
State  in  question  or  be  subject  to  monitoring  or  approval  by  the  body  designated  for  that 
purpose. 

6. 

Level  5  corresponds  to  a  diploma  certifying  that  the  holder  has  successfully 
completed  a  post-secondary  course  of  more  than  four  years’  duration,  or  of  an 
equivalent duration part-time, at a university or establishment of higher education or 
another  establishment  of  equivalent  level  and,  where  appropriate,  that  he  has 
successfully  completed  the  professional  training  required  in  addition  to  the 
post-secondary course. 

The following shall be treated as level 5 training: regulated training which is directly aimed 
at  the  practice  of  a  particular  profession  and  consists  of  a  programme  of  post-secondary 
study of more than four years’ duration or a part-time programme of post-secondary study of 
equivalent duration, carried out at a university or an institution providing an equivalent level 
of  training,  and,  possibly,  professional  training  or  probationary  or  professional  practice 
required in addition to the programme of post-secondary study.  

The structure and level of the professional training and probationary or professional practice 
shall be laid down in the legislative, regulatory or administrative provisions of the Member 
State  in  question  or  be  subject  to  supervision  or  approval  by  the  body  designated  for  that 
purpose.” 

*** 

Amendment 151 specifies that the host Member State can derogate from the requirement that 
it  give  the  applicant  a  choice  between  an  adaptation  period  and  an  aptitude  test  only  for 
well-founded  and  indispensable  reasons.  It  also  adds  a  subparagraph  to  Article  14  of  the 
proposal in which it asks the Member States to endeavour to take the applicant’s preference 
for one of the two alternatives into account, even if the Commission accepts the derogation. 
With regard to these two points, the Commission can accept the amendment, which provides a 
useful framework for the above-mentioned derogation and provides flexibility for the migrant, 
while not creating any obligations for the Member States. Lastly, the amendment eliminates 
the mechanism for tacit acceptance from the procedure under which the Commission gives its 
decision  on  a  Member  State’s  request  for  derogation.  The  Commission  does  not  accept  this 
part of the  amendment,  insofar as allowing the Commission to tacitly accept the  derogation 
simplifies  the  procedure.  The  Commission  therefore  partially  accepts  Amendment  151, 
redrafting Article 14 as follows: 

12 

 
 
  
 
“Article 14 
Compensatory measures 

1. Unchanged.  

2. 

If the host Member State makes use of the option provided for in paragraph 1, it must 
offer the applicant the choice between an adaptation period and an aptitude test.  

If  a  Member  State  considers,  with  respect  to  a  given  profession,  that  it  is  necessary  to 
derogate  from  the  requirement,  set  out  in  the  previous  subparagraph,  that  it  give  the 
applicant a choice between an adaptation period and an aptitude test, the derogation must be 
based  on  a  well-founded  and  indispensable  reason.  In  such  a  case,  the  Member  State  in 
question  shall  inform  the  other  Member  States  and  the  Commission  in  advance,  providing 
suitable justification for the derogation. 

If,  after  receiving  all  the  relevant  information,  the  Commission  believes  that  the  derogation 
referred to in the second subparagraph is inappropriate or that it is not in accordance with 
Community  law,  it  shall,  within  three  months,  ask  the  Member  State  in  question  to  refrain 
from taking the envisaged measure. In the absence of a response from the Commission by the 
above-mentioned deadline, the derogation may be applied. 

If the Commission recognises the derogation, the Member States shall nevertheless endeavour 
to take the applicant’s preference for one of the two alternatives into account 

3. and 4. Unchanged.” 

*** 

Amendment  12  relates  to  Recital  9  and  identifies  the  bodies  that  are  competent  to  present 
professional platforms as the bodies and/or associations recognised as being representative of 
a  profession  at  European  level.  Specifying  which  bodies  are  able  to  present  common 
platforms  under  the  Directive  is  helpful.  However,  this  should  be  reworded,  as  the 
bodies/associations  in  question  do  not  “have  the  task”  but  rather  “may”  establish  common 
platforms. This procedure must be optional.  

185 

adds 

a  Recital 

Amendment 
professional 
organisations/associations  that  take  part  in  the  platforms  must  enjoy  democratic  legitimacy 
under  national  rules.  With  regard  to  this,  the  amendment  must  be  reworded,  particularly  to 
replace the idea of “democratic legitimacy” with that of “representativeness”. The amendment 
also makes the helpful point that the organisations/associations have no legislative powers.  

9a  which 

states 

that 

the 

The  Commission  therefore  redrafts  amendment  12  and  185,  combining  them  into  a  single 
recital: “(9) In order to promote the free movement of workers, freedom of establishment and 
the  freedom  to  provide  services,  while  ensuring  an  adequate  level  of  qualification,  various 
professional associations and organisations have established common platforms at European 
level  under  which  professionals  meeting  a  number  of  criteria  relating  to  professional 
qualifications  are  awarded  the  right  to  bear  the  professional  title  awarded  by  those 
associations  or  organisations.  The  Directive  should  take  account,  under  certain  conditions 
and in compliance with Community law, and in particular Community law on competition, of 
those  initiatives,  while  promoting,  in  this  context,  recognition  of  a  more  automatic  nature 
under  the  general  system.  Professional  associations  and  organisations  that  are  able  to 
present  common  platforms  must  be  representative  of  their  professions.  The  capacity  of  the 

13 

 
 
  
 
said  professional  associations  and  organisations  to  present  common  platforms  in  no  way 
confers any legislative powers on them.” 

Amendment 70 specifies that Article 15 does not affect the responsibilities of Member States 
with  regard  to  education  systems  and  vocational  training.  The  Commission  accepts  this 
amendment  with  technical  redrafting  to  maintain  the  overall  consistency  of  the  text,  while 
also taking into account amendment 68. 

Amendment  68  replaces  the  term  “professional  associations”  used  to  describe  the  bodies 
competent  to  present  common  platforms  under  Article  15  of  the  Directive  with  “European 
professional  organisations”.  These  are  described  as  “representative  organisations  of  the 
professional  associations  or  comparable  organisations  in  the  Member  States  for  a  specific 
profession”. The Commission accepts this initial part of the amendment in a redrafted version. 
This is because the definition of “professional organisations” needs to be broadened to include 
all representative organisations and associations, both public and private, particularly so as to 
permit  the  involvement  of  associations  under  private  law  in  Member  States  that  do  not 
regulate the profession in question. Moreover, there is no need to restrict the right to present 
platforms  under  Article  15  to  European-level  professional  organisations  or  associations. 
Rather,  it  should  be  extended  to  national  organisations  or  associations  that  conclude 
multilateral agreements to this end. 

An additional amendment made to the French version replaces “la Commission communique” 
with  “la  Commission  transmet”.  This  makes  no  difference  to  the  substance  of  the  Directive 
and presents no legal difficulties. The amendment to the French version is therefore accepted, 
but has no impact on the English version. 

Lastly,  the  amendment  excludes  from  the  scope  of  Article  15  national  regulations  that  lay 
down by law the qualification criteria for practising professions. This part of the amendment 
is intended to specify that this provision is without prejudice to the power of Member States 
to regulate professions on their territory. The Commission accepts this part of the amendment 
in a redrafted version. 

Consequently, the Commission redrafts Article 15 as follows: 

“Article 15 
Waiving of compensatory measures on the basis of common platforms 

1. 

Public or private European and national professional organisations and associations 
that represent professions may notify the Commission of common platforms that they 
establish  at  European  level.  For  the  purposes  of  this  Article,  “common  platform” 
means a set of criteria applied to professional qualifications that attest to a sufficient 
level of competence for the purpose of practising a given profession and on the basis 
of which those organisations and associations accredit the qualifications obtained in 
the Member States. 

If the Commission considers that the platform in question facilitates the mutual recognition of 
professional qualifications, it shall inform the Member States thereof and take a decision in 
accordance with the procedure referred to in Article 54(2). 

2. and 3. Unchanged.  

14 

 
 
  
 
4. 

Nothing  in  this  Article  shall  affect  the  power  of  Member  States  to  determine  the 
qualifications  required  for  the  practice  of  a  profession  on  their  territory  or  their 
responsibility  for  the  content  and  organisation  of  their  systems  of  education  and 
vocational training.” 

3.1.4.  Freedom of establishment   

Recognition of professional experience 

*** 

Amendment  207  modifies  Article  17(1)(a)  to  (d)  by  changing  the  duration  of  professional 
experience  required  for  the  automatic  recognition  of  professional  qualifications  for  the 
activities set out in List I in Annex IV to the proposal for a Directive. Firstly, the amendment 
increases  the  minimum  time  the  activities  in  question  must  have  been  practised  on  a 
self-employed basis or as the manager of a business by one year (raising it from five to six 
years).  In  order  to  maintain  the  acquis  as  set  out  in  Directive  1999/42/EC,  this  part  of  the 
amendment is accepted solely for the activities that are currently subject to this requirement. 
This modification requires more extensive redrafting in the form of a new Article and a third 
list of activities in Annex IV. Moreover, the amendment allows for the additional possibility 
of eight consecutive years as a member of the professional and managerial staff of a business. 
This  part  of  the  amendment  is  not  accepted  as  it  does  not  meet  the  desired  goal  of 
simplification. 

The Commission therefore accepts amendment 193 in part, in a redrafted version. 

“Article 17 
Activities referred to in List Ia in Annex IV 

1. 

a) 

b) 

c) 

d) 

e) 

For  the  activities  in  List  Ia  in  Annex  IV,  the  activity  in  question  must  have  been 
previously practised: 

either  for  six  consecutive  years  on  a  self-employed  basis  or  as  a  manager  of  a 
business, or 

for three consecutive years on a self-employed basis or as a manager of a business, if 
the beneficiary proves that he has received previous training of at least three years’ 
duration  for  the  activity  in  question,  as  attested  by  a  certificate  recognised  by  that 
Member State or judged by a competent professional body to be fully valid, or 

for four consecutive years on a self-employed basis or as a manager of a business, if 
the beneficiary can prove that he has received, for the activity in question, previous 
training of at least two years' duration, as attested by a certificate recognised by the 
Member State or judged by a competent professional body to be fully valid, or 

for three consecutive years on a self-employed basis or as a manager of a business, if 
the  beneficiary  can  prove  that  he  has  performed  the  activity  in  question  on  an 
employed basis for at least five years, or 

for five consecutive years as a manager of a business, of which at least three years 
must have been spent in a technical capacity involving responsibility for at least one 
sector of the business, if the beneficiary proves that he has received previous training 
of  at  least  three  years’  duration  for  the  activity  in  question,  as  attested  by  a 

15 

 
 
  
 
2. 

3. 

1. 

a) 

b) 

c) 

d) 

e) 

f) 

2. 

certificate  recognised  by  that  Member State or  judged by a competent professional 
body to be fully valid. 

In cases a) and d), the activity must not have finished more than 10 years before the 
date on which the complete application was submitted by the person concerned to the 
competent body referred to in Article 52. 

Paragraph  1(e)  does  not  apply  to  the  activities  covered  by  ISIC  Group  855 
“Hairdressing establishments”.  

Article 17a 
Activities referred to in List Ib in Annex IV 

For  the  activities  in  List  Ib  in  Annex  IV,  the  activity  in  question  must  have  been 
previously practised: 

either  for  five  consecutive  years  on  a  self-employed  basis  or  as  a  manager  of  a 
business, or 

for three consecutive years on a self-employed basis or as a manager of a business, if 
the beneficiary proves that he has received previous training of at least three years’ 
duration  for  the  activity  in  question,  as  attested  by  a  certificate  recognised  by  that 
Member State or judged by a competent professional body to be fully valid, or 

for four consecutive years on a self-employed basis or as a manager of a business, if 
the beneficiary can prove that he has received, for the activity in question, previous 
training of at least two years' duration, as attested by a certificate recognised by the 
Member State or judged by a competent professional body to be fully valid, or 

for three consecutive years on a self-employed basis or as a manager of a business, if 
the  beneficiary  can  prove  that  he  has  performed  the  activity  in  question  on  an 
employed basis for at least five years, or 

for five consecutive years on an employed basis, if the beneficiary can prove that he 
has  received,  for  the  activity  in  question,  previous  training  of  at  least  three  years' 
duration, as attested by a certificate recognised by that Member State or judged by a 
competent professional body to be fully valid, or 

for six consecutive years on an employed basis, if the beneficiary can prove that he 
has  received  previous  training  in  the  activity  in  question  of  at  least  two  years' 
duration, as attested by a certificate recognised by that Member State or judged by a 
competent professional body to be fully valid. 

In cases a) and d), the activity must not have finished more than 10 years before the 
date on which the complete application was submitted by the person concerned to the 
competent body referred to in Article 52. 

16 

 
 
  
 
“ANNEX IV 
Activities relating to the categories of professional experience referred to in Articles 17, 17a and 
18 

Classes covered by Directive 64/427/EEC, as amended by Directive 69/77/EEC, and by Directives 68/366/EEC, 75/368/EEC, 
75/369/EEC, 82/470/EEC and 82/489/EEC 

List Ia 

1 

Directive 64/427/EEC 

(liberalisation Directive: 64/429/EEC) 

NICE nomenclature (corresponding to ISIC classes 23-40) 

Major Group 23  Manufacture of textiles 

232  Manufacturing and processing of textile materials on woollen machinery 

233  Manufacturing and processing of textile materials on cotton machinery 

234  Manufacturing and processing of textile materials on silk machinery 

235  Manufacturing and processing of textile materials on flax and hemp machinery 

236  Other textile fibre industries (jute, hard fibres, etc.), cordage 

237  Manufacture of knitted and crocheted goods 

238 

Textile finishing 

239  Manufacture of other textiles 

Major Group 24  Manufacture of footwear, other wearing apparel and bedding 

241  Machine manufacture of footwear (except from rubber or wood) 

242  Manufacture by hand and repair of footwear 

243  Manufacture of wearing apparel (except furs) 

244  Manufacture of mattresses and bedding 

245 

Skin and fur industries 

Major Group 25  Manufacture of wood and cork, except manufacture of furniture 

251 

Sawing and industrial preparation of wood 

252  Manufacture of semi-finished wood products 

253 

Series production of wooden building components including flooring 

254  Manufacture of wooden containers 

255  Manufacture of other wooden products (except furniture) 

259  Manufacture of straw, cork, basketware, wicker-work and rattan products; brush-making 

Major Group 26 

260 Manufacture of wooden furniture 

Major Group 27  Manufacture of paper and paper products 

17 

 
 
  
 
271  Manufacture of pulp, paper and paperboard 

272 

Processing of paper and paperboard, and manufacture of articles of pulp 

Major Group 28 

280 

Printing, publishing and allied industries 

Major Group 29 

Leather industry 

291 

Tanneries and leather finishing plants 

292  Manufacture of leather products 

Ex Major Group 30 Manufacture of rubber products, plastic materials, artificial and synthetic fibres and starch products 

301 

Processing of rubber and asbestos 

302 

Processing of plastic materials 

303 

Production of man-made fibres 

Ex Major Group 31 Chemical industry 

311  Manufacture of chemical base materials and further processing of such materials 

312 

Specialised  manufacture  of  chemical  products  principally  for  industrial  and  agricultural  purposes 
(including the manufacture for industrial use of fats and oils of vegetable or animal origin falling within 
ISIC group 312) 

313 

Specialised  manufacture  of  chemical  products  principally  for  domestic  or  office  use[excluding  the 
manufacture of medicinal and pharmaceutical products (ex ISIC group 319)] 

Major Group 32 

320 

Petroleum industry 

Major Group 33  Manufacture of non-metallic mineral products 

331  Manufacture of structural clay products 

332  Manufacture of glass and glass products 

333  Manufacture of ceramic products, including refractory goods 

334  Manufacture of cement, lime and plaster 

335  Manufacture of structural material, in concrete, cement and plaster 

339 

Stone working and manufacture of other non-metallic mineral products 

Major Group 34  Production and primary transformation of ferrous and non-ferrous metals 

341 

Iron  and  steel  industry  (as  defined  in  the  ECSC  Treaty,  including  integrated  steelworks-owned  coking 
plants) 

342  Manufacture of steel tubes 

343  Wire-drawing, cold-drawing, cold-rolling of strip, cold-forming 

344 

Production and primary transformation of non-ferrous metals 

345 

Ferrous and non-ferrous metal foundries 

Major Group 35  Manufacture of metal products (except machinery and transport equipment) 

351 

Forging, heavy stamping and heavy pressing 

352 

Secondary transformation and surface-treatment 

353  Metal structures 

354 

Boilermaking, manufacture of industrial hollow-ware 

355  Manufacture of tools and implements and finished articles of metal (except electrical equipment) 

359 

Ancillary mechanical engineering activities 

Major Group 36  Manufacture of machinery other than electrical machinery 

18 

 
 
  
 
361  Manufacture of agricultural machinery and tractors 

362  Manufacture of office machinery 

363  Manufacture  of  metal-working  and  other  machine-tools  and  fixtures  and  attachments  for  these  and  for 

other powered tools 

364  Manufacture of textile machinery and accessories, manufacture of sewing machines 

365  Manufacture of machinery and equipment for the food-manufacturing and beverage industries and for the 

chemical and allied industries 

366  Manufacture of plant and equipment for mines, iron and steel works foundries, and for the construction 

industry; manufacture of mechanical handling equipment 

367  Manufacture of transmission equipment 

368  Manufacture of machinery for other specific industrial purposes 

369  Manufacture of other non-electrical machinery and equipment 

Major Group 37  Electrical engineering 

371  Manufacture of electric wiring and cables 

372  Manufacture  of  motors,  generators,  transformers,  switchgear,  and  other  similar  equipment  for  the 

provision of electric power 

373  Manufacture of electrical equipment for direct commercial use 

374  Manufacture of telecommunications equipment, meters, other measuring appliances and electromedical 

equipment 

375  Manufacture of electronic equipment, radio and television receivers, audio equipment 

376  Manufacture of electric appliances for domestic use 

377  Manufacture of lamps and lighting equipment 

378  Manufacture of batteries and accumulators 

379 

Repair, assembly, and specialist installation of electrical equipment 

Ex Major Group 38 Manufacture of transport equipment 

383  Manufacture of motor vehicles and parts thereof 

384 

Repair of motor vehicles, motorcycles and cycles 

385  Manufacture of motorcycles, cycles and parts thereof 

389  Manufacture of transport equipment not elsewhere classified 

Major Group 39  Other manufacturing industries 

391  Manufacture of precision instruments, and measuring and controlling instruments 

392  Manufacture  of  medico-surgical  instruments  and  equipment  and  orthopaedic  appliances  (except 

orthopaedic footwear) 

393  Manufacture of photographic and optical equipment 

394  Manufacture and repair of watches and clocks 

395 

Jewellery and precious metal manufacturing 

396  Manufacture and repair of musical instruments 

397  Manufacture of games, toys, sporting and athletic goods 

399  Other manufacturing industries 

Major Group 40  Construction 

400 

Construction (non-specialised); demolition 

401 

Construction of buildings (dwellings or other) 

402 

Civil engineering; building of roads, bridges, railways, etc. 

403 

Installation work 

19 

 
 
  
 
404  Decorating and finishing 

2 

Directive 68/366/EEC 

((liberalisation Directive: 68/365/EEC) 

NICE nomenclature 

Major Group 20A  Industries producing animal and vegetable fats and oils 

20B 

Food manufacturing industries (excluding the beverage industry) 

201 

Slaughtering, preparation and preserving of meat 

202  Milk and milk products industry 

203 

Canning and preserving of fruits and vegetables 

204 

Canning and preserving of fish and other sea foods 

205  Manufacture of grain mill products 

206  Manufacture of bakery products, including rusks and biscuits 

207 

Sugar industry 

208  Manufacture of cocoa, chocolate and sugar confectionery 

209  Manufacture of miscellaneous food products  

Major Group 21  Beverage industry 

211 

Production of ethyl alcohol by fermentation, production of yeasts and spirits 

212 

Production of wine and other unmalted alcoholic beverages 

213 

Brewing and malting 

214 

Soft drinks and carbonated water industries 

Ex 30  Manufacture of rubber products, plastic materials, artificial and synthetic fibres and starch products 

304  Manufacture of starch products 

3 

Directive 75/368/EEC (activities referred to in Article 5(1)) 

ISIC nomenclature 

Ex 04  Fishing 

043 

Inland fishing 

Ex 38  Manufacture of transport equipment 

381 

Shipbuilding and repairing 

382  Manufacture of railway equipment 

386  Manufacture of aircraft (including space equipment) 

Ex 71  Activities allied to transport and activities other than transport coming under the following groups: 

Ex 711 Sleeping- and dining-car services; maintenance of railway stock in repair sheds; cleaning of carriages 

Ex 712 Maintenance of stock for urban, suburban and interurban passenger transport 

Ex 713 Maintenance of stock for other passenger land transport (such as motor cars, coaches, taxis) 

20 

 
 
  
 
Ex 714 Operation  and  maintenance  of  services  in  support  of  road  transport  (such  as  roads,  tunnels  and  toll-

bridges, goods depots, car parks, bus and tram depots) 

Ex 716 Activities allied to inland water transport (such as operation and maintenance of waterways, ports and 
other installations for inland water transport; tug and piloting services in ports, setting of buoys, loading 
and  unloading  of  vessels  and  other  similar  activities,  such  as  salvaging  of  vessels,  towing  and  the 
operation of boathouses) 

73 

Communications: postal services and telecommunications 

Ex 85  Other service activities 

854 

Laundries and laundry services, dry-cleaning and dyeing 

Ex 856 Photographic studios: portrait and commercial photography, except journalistic photographers 

Ex 859 Personal  services  not  elsewhere  classified  (only  maintenance  and  cleaning  of  buildings  or 

accommodation) 

4 

Directive 75/369/EEC (Article 6: where the activity is regarded as being of an industrial or small craft nature) 

ISIC nomenclature 

The following itinerant activities: 

a) 

b) 

− 

– 

the buying and selling of goods by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612) 

in covered markets other than from permanently fixed installations and in open-air markets. 

activities covered by transitional measures already adopted that expressly exclude or do not mention the pursuit of such 
activities on an itinerant basis. 

5 

Directive 82/470/EEC (Article 6(3)) 

Groups 718 et 720 of the ISIC nomenclature 

The activities comprise in particular: 

– 

organising, offering for sale and selling, outright or on commission, single or collective items (transport, board, lodging, 
excursions, etc.) for a journey or stay, whatever the reasons for travelling (Article 2(B)(a))] 

6 

Directive 82/489/EEC 

ISIC nomenclature 

Ex 855  Hairdressing establishments (excluding chiropodists' activities and beauticians' training schools) 

21 

 
 
  
 
List Ib 

Classes covered by Directive 82/470/EEC (Article 6(1)) 

Groups 718 et 720 of the ISIC nomenclature 

The activities comprise in particular: 

– 

acting  as  an  intermediary  between  contractors  for  various  methods  of  transport  and  persons  who  dispatch  or 
receive goods, and carrying out related activities: 

aa) 

by concluding contracts with transport contractors, on behalf of principals 

bb) 

by choosing the method of transport, the firm and the route considered most profitable for the principal 

cc) 

dd) 

ee) 

ff) 

by arranging the technical aspects of the transport operation (e.g. packing required for transportation); 
by  carrying  out  various  operations  incidental  to  transport  (e.g.  ensuring  ice  supplies  for  refrigerated 
wagons) 

by  completing  the  formalities  connected  with  the  transport  such  as  the  drafting  of  way  bills;  by 
assembling and dispersing shipments 

by coordinating the various stages of transportation, by ensuring transit, reshipment, transshipment and 
other termination operations 

by arranging both freight and carriers and means of transport for persons dispatching goods or receiving 
them: 

– 

– 

assessing transport costs and checking the detailed accounts 

taking certain temporary or permanent measures in the name of and on behalf of a shipowner or 
sea transport carrier (with the port authorities, ship's chandlers, etc.). 

– 

[The activities listed under Article 2(A)(a), (b) and (d)]. 

List II 

Unchanged.” 

*** 

22 

 
 
  
 
 
3.1.5.  Freedom of establishment   

Recognition on the basis of coordination of minimum training conditions 

Amendment 152 clarifies the relationship between Article 20(1) of the proposal with regard 
to automatic recognition of the evidence of formal qualifications on the basis of coordinated 
minimum conditions for training and the relevant annexes, with no changes to its substance. 
The Commission emphasises that this amendment should be drawn up as follows to  remain 
faithful to the drafting of the proposal and, where applicable, to the existing acquis: 

“Article 20 
Principle of automatic recognition 

“1. 

Each Member State shall recognise evidence of training for 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

doctors,  giving  access  to  the  professional  activities  of  general  practitioners, 
described in Annex V, point 5.1.2, 

doctors, giving access to the professional activities of specialist doctors, described in 
Annex V, point 5.1.3, 

nurses responsible for general care, described in Annex V, point 5.2.3, 

dental practitioners, described in Annex V, point 5.3.3, 

veterinary surgeons, described in Annex V, point 5.4.3, 

pharmacists, described in Annex V, point 5.6.4, and 

architects, described in Annex V, point 5.7.2, 

that meets the minimum training conditions referred to in Articles 22, 23, 29, 32, 35, 36, 40 
and 42 respectively, and shall, for the purposes of access to performance of such professional 
activities, give such evidence the same effect on its territory as the evidence of training which 
it itself issues.  

Such evidence of formal qualifications must be issued by the competent bodies in the Member 
States and accompanied, where appropriate, by the certificates listed, respectively, in 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

Annex V, point 5.1.2, for general practitioners, 

Annex V, point 5.1.3, for specialist doctors, 

Annex V, point 5.2.3, for nurses responsible for general care, 

Annex V, point 5.3.3, for dental practitioners 

Annex V, point 5.4.3, for veterinary surgeons, 

Annex V, point 5.6.4, for pharmacists, and 

Annex V, point 5.7.2, for architects. 

23 

 
 
  
 
The  provisions  of  subparagraphs  1  and  2  do  not  affect  the  established  rights  referred  to  in 
Articles 21, 25, 31, 34 and 45.  

2. to 4. Unchanged. 

5. See below. 

6. Unchanged.” 

*** 

Amendments  80,  88,  90,  93,  95,  97  and  161  move  the  lists  of  knowledge  and  skills  for 
general  practitioners,  nurses  responsible  for  general  care,  dental  practitioners,  veterinary 
surgeons,  midwives  and  pharmacists  into  the  body  of  the  proposal,  thereby  deleting  the 
relevant annexes. This is acceptable insofar as the content of the lists of knowledge and skills 
has not changed. However, it does not seem necessary to create new Articles; rather, adding a 
new  paragraph  to  each  Article  regarding  the  training  for  each  profession  should  suffice. 
Moreover,  this  change  results  in  the  deletion  of  Annex  V,  points  5.1.1,  5.2.1,  5.3.1,  5.4.1, 
5.5.1  and  5.6.1  Lastly,  for  reasons  of  consistency,  Article  42(1)  and  (2)  on  the  training  of 
architects must also be modified so as to include the list of knowledge and skills in the Article 
itself, and Annex V, point 5.7.1 must be deleted.  

Amendment  154  modifies  for  reasons  of  consistency  the  references  in  Article  20(5)  to  the 
lists of knowledge and skills. This is acceptable, but the references to the Articles should be 
made more specific to ensure legal certainty. Furthermore, this amendment removes from the 
paragraph the reference to the regulatory procedure (comitology) for updating the knowledge 
and skills with regard to the sectoral professions in question. This cannot be accepted, as the 
regulatory  procedure  makes  updating  the  lists  simpler  and  more  flexible.  Moreover,  this 
delegation of power is sufficiently regulated, and eliminating it would be contrary to one of 
the proposal’s main objectives. 

The Articles in question are therefore modified as follows: 

“Article 20 
Principle of automatic recognition 

1. Cf. above. 

2. to 4. Unchanged. 

5. 

Each  Member  State  shall  make  access  to  and  the  practice  of  the  professional 
activities  of  doctors,  nurses  responsible  for  general  care,  dental  practitioners, 
veterinary surgeons, midwives and pharmacists subject to possession of evidence of 
formal qualifications  referred to in Annex V, points 5.1.2, 5.1.3, 5.1.5, 5.2.3, 5.3.3, 
5.4.3, 5.5.4 and 5.6.4 respectively, attesting that the person concerned has acquired, 
over  the  duration  of  his  training,  and  where  appropriate,  the  knowledge  and  skills 
referred to in Articles 22(2b), 29(5a), 32(2b), 35(2b), 36(3a) and 40(2b). 

The  knowledge  and  skills  referred  to  in  Articles  22(2b),  29(5a),  32(2b),  35(2b),  36(3a)  and 
40(2b), may be amended in accordance with the procedure referred to in Article 54(2) with a 
view to adapting them to scientific and technical progress. 

24 

 
 
  
 
Such updates shall not entail, for any Member State, an amendment of its existing legislative 
principles regarding the structure of professions as regards training and conditions of access 
by natural persons. 

6. Unchanged.” 

1. to 2a. Unchanged.  

“Article 22 
Basic medical training 

2b. 

a) 

b) 

c) 

d) 

3. 

Basic  training  for  doctors  provides  an  assurance  that  the  person  in  question  has 
acquired the following knowledge and skills: 

adequate  knowledge  of  the  sciences  on  which  medicine  is  based  and  a  good 
understanding  of  the  scientific  methods  including  the  principles  of  measuring 
biological functions, the evaluation of scientifically established facts and the analysis 
of data;  

sufficient understanding of the structure, functions and behaviour of healthy and sick 
persons,  as  well  as  relations  between  the  state  of  health  and  physical  and  social 
surroundings of the human being;  

adequate  knowledge  of  clinical  disciplines  and  practices,  providing  him  with  a 
coherent picture of mental and physical diseases, of medicine from the points of view 
of prophylaxis, diagnosis and therapy, and human reproduction;  

suitable clinical experience in hospitals under appropriate supervision. 

Unchanged.” 

“Article 29 
Training of nurses responsible for general care 

1. and 2. Unchanged.  

3. Cf. below.  

4. and 5. Unchanged. 

5a. 

a) 

Training  for  nurses  responsible  for  general  care  provides  an  assurance  that  the 
person in question has acquired the following knowledge and skills: 

adequate  knowledge  of  the  sciences  on  which  general  nursing  is  based,  including 
sufficient  understanding  of  the  structure,  physiological  functions  and  behaviour  of 
healthy and sick persons, and of the relationship between the state of health and the 
physical and social environment of the human being; 

b) 

sufficient  knowledge  of  the  nature  and  ethics  of  the  profession  and  of  the  general 
principles of health and nursing;  

25 

 
 
  
 
c) 

d) 

adequate  clinical  experience;  such  experience,  which  should  be  selected  for  its 
training value, should be gained under the supervision of qualified nursing staff and 
in places where the number of qualified staff and the equipment are appropriate for 
the nursing care of the patient;  

the ability to participate in the practical training of health personnel and experience 
of working with such personnel;  

e) 

experience of working with members of other professions in the health sector. 

5b. Cf. below.” 

1. and 2. Unchanged. 

2a. Cf. below. 

“Article 32 
Dental training 

2b. 

Training for dental practitioners provides an assurance that the person in question 
has acquired the following knowledge and skills: 

a) 

b) 

c) 

d) 

adequate  knowledge  of  the  sciences  on  which  dentistry  is  based  and  a  good 
understanding of scientific methods, including the principles of measuring biological 
functions, the evaluation of scientifically established facts and the analysis of data;  

adequate  knowledge  of  the  constitution,  physiology  and  behaviour  of  healthy  and 
sick  persons  as  well  as  the  influence  of  the  natural  and  social  environment  on  the 
state of health of the human being, insofar as these factors affect dentistry;  

adequate  knowledge  of  the  structure  and  function  of  the  teeth,  mouth,  jaws  and 
associated  tissues,  both  healthy  and  diseased,  and  their  relationship  to  the  general 
state of health and to the physical and social well-being of the patient;  

adequate knowledge of clinical disciplines and methods, providing the dentist with a 
coherent  picture  of  anomalies,  lesions  and  diseases  of  the  teeth,  mouth,  jaws  and 
associated tissues and of preventive, diagnostic and therapeutic dentistry; 

e) 

suitable clinical experience under appropriate supervision.  

This  training  shall  provide  him  with  the  skills  necessary  for  carrying  out  all  activities 
involving  the  prevention,  diagnosis  and  treatment  of  anomalies  and  diseases  of  the  teeth, 
mouth, jaws and associated tissues. 

2c. Cf. below.” 

1. and 2. Unchanged. 

2a. Cf. below.  

“Article 35 
The training of veterinary surgeons 

26 

 
 
  
 
2b. 

Training as a veterinary surgeon provides an assurance that the person in question 
has acquired the following knowledge and skills: 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

adequate knowledge of the sciences on which the activities of the veterinary surgeon 
are based; 

adequate  knowledge  of  the  structure  and  functions  of  healthy  animals,  of  their 
husbandry,  reproduction,  hygiene  in  general,  and  their  feeding,  including  the 
technology involved in the manufacture and preservation of foods corresponding to 
their needs; 

adequate knowledge of the behaviour and protection of animals; 

adequate knowledge of the causes, nature, course, effects, diagnosis and treatment of 
the  diseases  of  animals,  whether  considered  individually  or  in  groups,  including  a 
special knowledge of the diseases which may be transmitted to humans; 

adequate knowledge of preventive medicine;  

adequate  knowledge  of  the  hygiene  and  technology  involved  in  the  production, 
manufacture and putting into circulation of animal foodstuffs or foodstuffs of animal 
origin intended for human consumption; 

adequate knowledge of the laws, regulations and administrative provisions relating 
to the subjects listed above;  

h) 

adequate clinical and other practical experience under appropriate supervision. 

2c. See below.”  

1. and 2. Unchanged.  

3. Cf. below.  

“Article 36 
The training of midwives 

3a. 

Training  as  a  midwife  provides  an  assurance  that  the  person  in  question  has 
acquired the following knowledge and skills: 

a) 

b) 

c) 

d) 

adequate  knowledge  of  the  sciences  on  which  the  activities  of  midwives  are  based, 
particularly obstetrics and gynaecology; 

adequate knowledge of the ethics of the profession and the professional legislation; 

detailed  knowledge  of  biological  functions,  anatomy  and  physiology  in  the  field  of 
obstetrics and of the newly born, and also a knowledge of the relationship between 
the  state  of  health  and  the  physical  and  social  environment  of  human  beings  and 
their behaviour;  

adequate clinical experience gained in approved institutions under the supervision of 
staff qualified in midwifery and obstetrics;  

27 

 
 
  
 
e) 

adequate  understanding  of  the  training  of  health  personnel  and  experience  of 
working with such. 

3b. See below.” 

1. and 2. Unchanged.  

2a. Cf. below.  

“Article 40 
Training as a pharmacist 

2b. 

Training  as  a  pharmacist  provides  an  assurance  that  the  person  in  question  has 
acquired the following knowledge and skills: 

a) 

b) 

c) 

d) 

e) 

adequate  knowledge  of  medicines  and  the  substances  used  in  the  manufacture  of 
medicines; 

adequate  knowledge  of  pharmaceutical  technology  and  the  physical,  chemical, 
biological and microbiological testing of medicinal products; 

adequate knowledge of the metabolism and the effects of medicinal products and of 
the action of toxic substances, and of the use of medicinal products; 

adequate knowledge to evaluate scientific data concerning medicines in order to be 
able to supply appropriate information on the basis of this knowledge; 

adequate knowledge of the legal and other requirements associated with the practice 
of pharmacy. 

2c. See below.” 

“Article 42 
Training of architects 

1. 

Training as an architect shall comprise a total of at least four years of full-time study 
or six years of study, with at least three years on a full-time basis, at a university or 
comparable teaching institution. The training must lead to successful completion of a 
university-level examination. 

The training, which must be of university level with architecture as the principal component, 
must maintain a balance between theoretical and practical aspects of architectural training 
and guarantee the acquisition of: 

a) 

b) 

ability  to  create  architectural  designs  that  satisfy  both  aesthetic  and  technical 
requirements; 

adequate knowledge of the history and theories of architecture and the related arts, 
technologies and human sciences; 

c) 

knowledge of the fine arts as an influence on the quality of architectural design; 

28 

 
 
  
 
d) 

e) 

f) 

g) 

h) 

i) 

j) 

k) 

adequate knowledge of urban design, planning and the skills involved in the planning 
process; 

understanding  of  the  relationship  between  people  and  buildings,  and  between 
buildings and their environment, and of the need to relate buildings and the spaces 
between them to human needs and scale; 

understanding of the profession of architect and the role of the architect in society, in 
particular in preparing briefs that take account of social factors; 

understanding  of  the  methods  of  investigation  and  preparation  of  the  brief  for  a 
design project; 

understanding  of  the  structural  design,  constructional  and  engineering  problems 
associated with building design; 

adequate  knowledge  of  physical  problems  and  technologies  and  of  the  function  of 
buildings  so  as  to  provide  them  with  internal  conditions  of  comfort  and  protection 
against the climate; 

the  necessary  design  skills  to  meet  building-users'  requirements  within  the 
constraints imposed by cost factors and building regulations; 

adequate  knowledge  of  the  industries,  organisations,  regulations  and  procedures 
involved  in  translating  design  concepts  into  buildings  and  integrating  plans  into 
overall planning. 

2. Unchanged.  

2a and 2b. Cf. below.” 

Points 5.1.1, 5.2.1, 5.3.1, 5.4.1, 5.5.1, 5.6.1 and 5.7.1 of Annex V are therefore deleted. The 
whole of Annex V must be renumbered, and, as a result, the references made to these points 
in the text must be adapted.  

*** 

Amendments  96  and  162  transfer  the  list  of  professional  activities  for  midwives  and 
pharmacists  to  Articles  38  and  41  respectively  and  consequently  delete  the  related  annexes 
and change the references to them. This is acceptable insofar as the content of the said lists 
has  not  been  not  changed.  With  regard  to  pharmacists,  it  does  not  seem  necessary  to  add  a 
new paragraph, as the list can be included in Article 41(2). Points 5.5.3 and 5.6.3 in Annex 5 
are also deleted. The whole of Annex V must be renumbered, and, as a result, the references 
made in the text to these points must be adapted.  

Amendment 102 changes the references to evidence of formal training for pharmacists. This 
is  acceptable  in  principle,  but  as  the  reference  to  paragraph  2  is  not  correct,  it  should  be 
modified to be consistent with the renumbered annexes. What is more, amendment 162 also 
reintroduces  the  derogation  from  automatic  recognition  of  evidence  of  training  for 
pharmacists  that  is  currently  in  force  in  cases  where  a  new  pharmacy  is  being  established. 
This is unacceptable, insofar as the purpose of the proposal is to facilitate the free movement 
of pharmacists and the derogation, as it currently stands, is intended to be limited in duration. 
This point is addressed specifically in relation to amendments 18, 104 and 163 (cf. below).  

29 

 
 
  
 
“Article 38 
Pursuit of the professional activities of a midwife 

1. Unchanged. 

2. 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

j) 

k) 

The Member States shall ensure that midwives are able to gain access to and pursue 
at least the following activities: 

provision of sound family-planning information and advice; 

diagnosis  of  pregnancies  and  monitoring  of  normal  pregnancies;  carrying  out  the 
examinations  necessary 
the  development  of  normal 
the  monitoring  of 
pregnancies; 

for 

prescribing,  or  advising  on,  the  examinations  necessary  for  the  earliest  possible 
diagnosis of pregnancies at risk; 

provision  of  programmes  of  parenthood  preparation  and  complete  preparation  for 
childbirth including advice on hygiene and nutrition; 

caring  for  and  assisting  the  mother  during  labour  and  monitoring  the  condition  of 
the foetus in utero by the appropriate clinical and technical means; 

conducting  spontaneous  deliveries  including  episiotomies,  where  required,  and,  in 
urgent cases, breech deliveries; 

recognising  the  warning  signs  of  abnormalities  in  the  mother  or  infant  that 
necessitate referral to a doctor and assisting the latter where appropriate; taking the 
necessary  emergency  measures  in  the  doctor’s  absence,  particularly  the  manual 
removal of the placenta, possibly followed by manual examination of the uterus; 

examining  and  caring  for  the  new-born  infant;  taking  all  initiatives  that  are 
necessary in the case of need and carrying out immediate resuscitation if necessary; 

caring  for  and  monitoring  the  progress  of  the  mother  in  the  post-natal  period  and 
giving all necessary advice to the mother on infant care to enable her to ensure the 
optimum progress of the new-born infant; 

carrying out treatments prescribed by doctors; 

drawing up the necessary written reports. 

[…] » 

Point 5.5.3 in Annex V is therefore deleted.  

“Article 41 
Practice of the professional activities of a pharmacist 

1. Unchanged (subject to renumbering of the reference to Annex V). 

2. 

The Member States shall ensure that holders of evidence of training in pharmacy at 
university  level  or  a  level  deemed  to  be  equivalent  that  meets  the  requirements  of 

30 

 
 
  
 
Article  40  are  able  to  gain  access  to  and  practise  at  least  the  activities  described 
below, subject to the requirement, where appropriate, of supplementary professional 
experience. 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

Preparation of the pharmaceutical form of medicinal products; 

Manufacture and testing of medicinal products; 

Testing of medicinal products in a laboratory for the testing of medicinal products;  

Storage, preservation and distribution of medicinal products at the wholesale stage;  

Preparation, testing, storage and  supply of medicinal products in pharmacies open 
to the public;  

Preparation, testing, storage and dispensing of medicinal products in hospitals; 

Provision of information and advice on medicinal products. 

3. and 4. Unchanged.” 

Point 5.6.3 in Annex V is therefore deleted.  

*** 

Amendment 94 is intended to stop the principle of part-time training for midwives described 
in Article 36(3) from being presented as exceptional. This is acceptable to the Commission.  

Given  that  part-time  training  for  specialised  doctors  is  exceptional,  amendment  81  redrafts 
the principle set out in Article 23(4) of the proposal. As for general practitioners, amendment 
86  takes  over  this  idea  and  amends  the  conditions,  set  out  in  Article  26(4),  under  which 
part-time training can be authorised. Conversely, amendments 159 and 160, which concern 
Article 29, are intended to stop the principle of part-time training for nurses responsible for 
general  care  from  being  presented  as  exceptional.  They  add  a  requirement  that  nurses 
undergoing training be suitably remunerated, as amendment 86 does for general practitioners 
undergoing  training.  Lastly,  amendment  159  lays  down  conditions  which  must  be  met  for 
part-time training to be authorised. 

The  Commission  can  accept  the  deletion  of  the  references  to  the  exceptional  nature  of 
part-time training and the introduction of simple and uniform wording for all professions to 
which  coordinated  minimum  conditions  for  training  apply,  in  line  with  the  legislation 
currently in force for nurses responsible for general care and midwives.  

Suitable  remuneration  of  general  practitioners  and  nurses  responsible  for  general  care  who 
were undergoing training would have a clear budgetary impact in Member States and might 
require  changes  to  be  made  to  training  systems;  a  prior,  detailed  impact  assessment  is 
required, and none has been carried out in the context of this consolidation. The Commission 
cannot, therefore, accept this point.  

31 

 
 
  
 
“Article 22 
Basic medical training 

1. and 2. Unchanged. 

The Member States may authorise part-time training on the conditions allowed by the 
2a. 
competent national bodies. The total duration of part-time training may not be less than that 
of  full-time  training,  and  the  level  of  the  training  may  not  be  compromised  by  its  part-time 
nature. 

2b. Cf. above. 

3. Unchanged.” 

1. to 3. Unchanged. 

“Article 23 
Specialist medical training 

4. 

The  Member  States  may  authorise  part-time  training  on  the  conditions  allowed  by 
the  competent  national  bodies.  The  total  duration  of  part-time  training  may  not  be 
less  than  that  of  full-time  training,  and  the  level  of  the  training  may  not  be 
compromised by its part-time nature. 

4a. Cf. below. 

5. and 6. Unchanged.” 

1. to 3. Unchanged. 

“Article 26 
Training of general practitioners 

4. 

The  Member  States  may  authorise  part-time  training  on  the  conditions  allowed  by 
the  competent  national  bodies.  The  total  duration  of  part-time  training  may  not  be 
less  than  that  of  full-time  training,  and  the  level  of  the  training  may  not  be 
compromised by its part-time nature. 

4a. Cf. below. 

5. and 6. Unchanged.” 

“Article 29 
Training of nurses responsible for general care 

1. and 2. Unchanged.  

3. 

The  training  of  nurses  responsible  for  general  care  shall  comprise  at  least  three 
years of study or 4 600 hours of theoretical and clinical training, the duration of the 
theoretical  training  representing  at  least  one-third  and  the  duration  of  the  clinical 

32 

 
 
  
 
 
training  at  least  one-half  of  the  minimum  duration  of  the  training.  Member  States 
may grant partial exemptions to persons who have received part of their training on 
courses of at least an equivalent level. 

The Member States  shall  ensure  that  institutions providing  nursing  training are responsible 
for  the  coordination  of  theoretical  and  clinical  training  throughout  the  entire  study 
programme. 

The  Member  States  may  authorise  part-time  training  on  the  conditions  allowed  by  the 
competent national bodies. The total duration of part-time training may not be less than that 
of  full-time  training,  and  the  level  of  the  training  may  not  be  compromised  by  its  part-time 
character. 

4. and 5. Unchanged.  

5a. Cf. above. 

5b. Cf. below.” 

1. and 2. Unchanged.  

“Article 32 
Dental training 

2a. 

The  Member  States  may  authorise  part-time  training  on  the  conditions  allowed  by 
the  competent  national  bodies.  The  total  duration  of  part-time  training  may  not  be 
less  than  that  of  full-time  training,  and  the  level  of  the  training  may  not  be 
compromised by its part-time nature. 

2b. Cf. above. 

2c. Cf. below.” 

1. and 2. Unchanged.  

“Article 35 
The training of veterinary surgeons 

2a. 
The Member States may authorise part-time training on the conditions allowed by the 
competent national bodies. The total duration of part-time training may not be less than that 
of  full-time  training,  and  the  level  of  the  training  may  not  be  compromised  by  its  part-time 
nature. 

2b. Cf. above. 

2c. Cf. below.” 

1. and 2. Unchanged.  

“Article 36 
The training of midwives 

33 

 
 
  
 
3. 

The  Member  States  may  authorise  part-time  training  on  the  conditions  allowed  by 
the  competent  national  bodies.  The  total  duration  of  part-time  training  may  not  be 
less  than  that  of  full-time  training,  and  the  level  of  the  training  may  not  be 
compromised by its part-time nature. 

3a. Cf. above. 

3b. Cf. below.” 

1. and 2. Unchanged.  

“Article 40 
Training as a pharmacist 

2a. 

The  Member  States  may  authorise  part-time  training  on  the  conditions  allowed  by 
the  competent  national  bodies.  The  total  duration  of  part-time  training  may  not  be 
less  than  that  of  full-time  training,  and  the  level  of  the  training  may  not  be 
compromised by its part-time nature. 

2b. Cf. above. 

2c. Cf. below.” 

1. Cf. above. 

“Article 42 
Training of architects 

2a. 

The  Member  States  may  authorise  part-time  training  on  the  conditions  allowed  by 
the  competent  national  bodies.  The  total  duration  of  part-time  training  may  not  be 
less  than  that  of  full-time  training,  and  the  level  of  the  training  may  not  be 
compromised by its part-time nature. 

2b. Cf. below.” 

*** 

Amendment 101 adds to Article 40(2a) a reference to the role played by ongoing training for 
pharmacists under arrangements specific to each Member State. This amendment, which takes 
over  the  wording  of  the  current  legislation  on  general  practitioners,  is  acceptable  to  the 
Commission insofar as the said reference is made for all the professions that have coordinated 
minimum training conditions. 

1. to 3. Unchanged.  

4. Cf. above. 

“Article 23 
Specialist medical training 

34 

 
 
  
 
4a. 
Further  training  shall  ensure,  in  accordance  with  the  procedures  specific  to  each 
Member  State,  that  persons  who  have  completed  their  studies  are  able  to  keep  abreast  of 
progress in specialised medicine. 

5. and 6. Unchanged.” 

1. to 3. Unchanged.  

4. Cf. above. 

“Article 26 
Training of general practitioners 

4a. 

Further  training  shall  ensure,  in  accordance  with  the  procedures  specific  to  each 
Member  State,  that  persons  who  have  completed  their  studies  are  able  to  keep 
abreast of progress in general medicine. 

5. and 6. Unchanged.” 

“Article 29 
Training of nurses responsible for general care 

1. and 2. Unchanged. 

3. Cf. above. 

4. and 5. Unchanged.  

5a. Cf. above. 

5b. 

Further  training  shall  ensure,  in  accordance  with  the  procedures  specific  to  each 
Member  State,  that  persons  who  have  completed  their  studies  are  able  to  keep 
abreast of progress in general care nursing.” 

“Article 32 
Dental training 

1. and 2. Unchanged. 

2a and 2b. Cf. above. 

2c. 

Further  training  shall  ensure,  in  accordance  with  the  procedures  specific  to  each 
Member  State,  that  persons  who  have  completed  their  studies  are  able  to  keep 
abreast of progress in dentistry.” 

“Article 35 
The training of veterinary surgeons 

1. and 2. Unchanged. 

35 

 
 
  
 
2a and 2b. Cf. above. 

2c. 

Further  training  shall  ensure,  in  accordance  with  the  procedures  specific  to  each 
Member  State,  that  persons  who  have  completed  their  studies  are  able  to  keep 
abreast of progress in veterinary science.” 

“Article 36 
The training of midwives 

1. and 2. Unchanged. 

3. and 3a. Cf. above. 

3b. 

Further  training  shall  ensure,  in  accordance  with  the  procedures  specific  to  each 
Member  State,  that  persons  who  have  completed  their  studies  are  able  to  keep 
abreast of progress in midwifery.” 

“Article 40 
Training as a pharmacist 

1. and 2. Unchanged. 

2a and 2b. Cf. above. 

2c. 

Further  training  shall  ensure,  in  accordance  with  the  procedures  specific  to  each 
Member  State,  that  persons  who  have  completed  their  studies  are  able  to  keep 
abreast of progress in pharmacy. 

“Article 42 
Training of architects 

1. Cf. above. 

2. Unchanged.  

2a. Cf. above. 

2b. 

Further  training  shall  ensure,  in  accordance  with  the  procedures  specific  to  each 
Member  State,  that  persons  who  have  completed  their  studies  are  able  to  keep 
abreast of progress in architecture. 

3.1.6.  Freedom of establishment   

Common provisions on establishment 

*** 

Amendments  32,  89  and  110  to  Recital  31a,  Article  31a  and  Article  46(2)  respectively 
reinforce  the  exchange  of  information  between  Member  States  with  regard  to  prior 
circumstances  that  are  liable  to  affect  the  practice  of  the  professional  activities  in  other 
Member States. To accomplish this, amendments 32 and 89 ask the Commission to consider 
setting up a database to enable the Member States to exchange information about healthcare 

36 

 
 
  
 
professionals  who  have  been  struck  off  or  on  whom  professional  restrictions  have  been 
imposed,  with  amendment  89  being  added  to  the  section  on  nurses  responsible  for  general 
care. The Commission accepts the approach taken by amendment 110, which adds to Article 
46 a general provision, applicable to all the professions in question, regarding the exchange 
between  Member  States  of  information  on  any  serious  circumstances  that  arose  when  the 
individual  in  question  was  established  on  their  territory  and  that  are  liable  to  have 
consequences  for  the  practice  of  the  professional  activities  concerned.  This  exchange  of 
information must be carried out in compliance with existing legislation on data protection.  

To  this  end,  Recital  23  must  be  amended  as  follows:  “(23)  Since  collaboration  among  the 
Member  States  and  between  them  and  the  Commission  is  likely  to  facilitate  the 
implementation  of  this  Directive  and  compliance  with  the  obligations  deriving  from  it,  the 
means  of  collaboration  must  be  organised.  In  particular,  the  exchange  between  competent 
bodies  of  information  regarding  serious,  specific  circumstances  that  are  liable  to  have 
consequences for the practice of the activities in question must be carried out in compliance 
with Community legislation on the protection of personal data. 

“Article 46 
Documentation and formalities 

1. Unchanged.  

2. 

Within  the  context  of  the  application  of  this  Directive,  the  competent  bodies  in  the 
Member States shall exchange information regarding serious, specific circumstances 
that  are  liable  to  have  consequences  for  the  practice  of  professional  activities  in 
compliance  with  the  provisions  on  the  protection  of  personal  data  set  out  in 
Directives 95/46/EC and 2002/58/EC. 

3. Unchanged.”  

*** 

Amendment 114 adds to Article 49 a provision allowing Member States to ask migrants to 
provide  proof  of  language  proficiency  prior  to  granting  access  to  the  profession.  The 
Commission  accepts  this  amendment  provided  that  the  provision  is  applied  proportionately, 
which rules out the systematic imposition of language tests before a professional activity can 
be practised. This must be clearly stated in the text. What is more, the amendment deletes the 
reference to the role of Member States with regard to language knowledge. This provision of 
the proposal takes over the acquis of the sectoral Directives and is a necessary counterbalance 
to the proportionate requirement of language knowledge. It must therefore be maintained.  

“Article 49 
Knowledge of languages 

1. 

Persons  benefiting  from  the  recognition  of  professional  qualifications  shall  have  a 
knowledge of languages necessary for practising the profession in the host Member 
State.  The  competent  bodies  may  ask  applicants  to  provide  proof  of  language 
knowledge within the limits of the principle of proportionality which, in particular, 
rules out systematic examination of such knowledge. 

2. Unchanged.” 

37 

 
 
  
 
*** 

3.1.7.  Administrative cooperation and responsibility for implementation 

Amendment 116 replaces the term “competent authorities” of the Member States in Article 
52 with “competent bodies”. This change to the terminology is acceptable if “body” is taken 
to  include  all  bodies  vested  with  authority  with  regard  to  training  and/or  the  recognition  of 
professional  qualifications.  Consequently,  a  Recital  23a  should  be  added  to  clarify  this: 
“(23a)  For  the  purposes  of  this  Directive,  “competent  body”  means  any  body  vested  with 
authority and competent  in  particular to award  or receive certificates of training and other 
documents or information, and those competent to receive applications and take the decisions 
referred to in this Directive.” 

For  reasons  of  consistency,  this  change  must  be  made  to  all  the  relevant  provisions  in  the 
proposal. 

Moreover, the proposed areas of responsibility for the contact points (which provide citizens 
with information and assistance) are transferred to the “competent bodies”. The purpose of the 
contact points is to make it easier for citizens to gain access to information on the recognition 
of professional qualifications, and to do this, they must be easy to identify in every Member 
State. Transferring their areas of responsibility to the “competent bodies” is not in line with 
this requirement for clarity, and would therefore strip the proposed provision of its usefulness. 
Therefore, this amendment cannot be accepted.  

“Article 52 
Competent bodies 

1. 

2. 

3. 

The competent bodies of the host Member State and of the home Member State shall 
work in close collaboration and shall provide mutual assistance in order to facilitate 
application of this Directive. They shall ensure the confidentiality of the information 
which they exchange. 

Every  Member  State  shall,  no  later  than  by  the  deadline  laid  down  in  Article  54, 
designate the bodies competent to award or receive certificates of training and other 
documents or information, and those competent to receive applications and take the 
decisions referred to in this Directive, and shall inform the other Member States and 
the Commission thereof immediately. 

Every  Member  State  shall  designate  a  coordinator  for  the  activities  of  the  bodies 
referred  to  in  paragraph  1  and  shall  inform  the  other  Member  States  and  the 
Commission thereof. 

The coordinators’ remit shall be: 

a) 

b) 

to promote uniform application of this Directive; 

to collect all the information that is relevant for application of this Directive, such as 
on the conditions for access to regulated professions in the Member States. 

For the purpose of fulfilling the remit described in subparagraph 2, point b), the coordinators 
may solicit the help of the contact points referred to in Article 53.” 

38 

 
 
  
 
*** 

Amendment 26 sets out in a recital that the addresses of the contact points must be published 
on  a  page  of  a  Commission  website  in  order  to  ensure  that  the  system  is  transparent.  This 
amendment would indeed accomplish this. However, despite the Commission’s willingness to 
cooperate  in  publishing  the  information  in  its  possession,  it  cannot  guarantee  that  the 
addresses  would be updated, as this would depend on information provided by the Member 
States.  More  general  wording  referring  to  transparency  would  therefore  seem  preferable. 
“(23b) The establishment of a network of contact points with the task of providing the citizens 
of the Member States with information and assistance will make it possible to ensure that the 
system  of  recognition  is  transparent.  These  contact  points  will  provide  any  citizens  who  so 
request  and  the  Commission  with  all  information  and  addresses  relevant  to  the  recognition 
procedure.” 

*** 

Amendment  181  addresses  the  role  of  professional  associations  in  implementing  the 
Directive  for  professions  to  which  minimum  training  conditions  apply.  More  generally,  the 
Commission  envisages  setting  up  a  flexible  mechanism  for  consulting  with  the  relevant 
professional  and  academic  associations  as  part  of  the  implementation  of  the  system  of 
recognition. This is not specifically covered by the Directive, but the Commission is prepared 
to give indications in this direction in a declaration.” 

3.1.8.  Other provisions 

*** 

Amendment  29  specifies  that  administrative  failings  attributable  to  a  Member  State  do  not 
justify  deferment  of  the  transposition  of  the  Directive  into  national  law.  This  addition 
reiterates a basic principle of Community law that it may be useful to clarify. Recital: “(27) 
There should be a suitable procedure for adopting temporary measures if the application of 
any  provision  of  this  Directive  were  to  encounter  major  difficulties  in  a  Member  State. 
Administrative  failings  attributable  to  the  Member  State  do  not  justify  deferment  of  the 
transposition of the Directive into national law.” 

39 

 
 
  
 
3.2. 

Amendments not accepted by the Commission 
(Amendments 1, 2, 14, 30, 35, 37, 38, 41, 6, 4, 45, 50, 36, 145, 13, 218, 57, 59, 60, 
7, 10, 214, 64, 126, 153, 128, 75, 77, 155, 15, 16, 179,156, 127, 132, 178/rev. 2, 133, 
215, 158, 157, 134, 135, 92, 19, 98, 18, 104, 163, 212, 112, 113, 115, 117, 118, 119, 
120, 27, 180, 182, 83, 183, 122, 23, 188, 186,187, 25, 168, 123, 124)  

The  Commission  did  not  accept  70  of  the  125  amendments  adopted  by  the  European 
Parliament. 

3.2.1.  General provisions 

Amendment 1 adds, in a citation, a reference to Article 152 of the EC Treaty regarding a high 
level of human health protection. Amendment 2 adds a recital referring to Articles 152 and 
153  of  the  EC  Treaty  regarding  a  high  level  of  human  health  and  consumer  protection. 
References to Articles 152 and 153 as such are inappropriate from a legal point of view, since 
the  objectives  of  Articles  47  and  152  differ,  In  any  case,  Recital  31  already  refers  to  the 
measures needed to ensure a high level of human health and consumer protection. 

Amendment  14  adds  a  recital  referring  to  initiatives  taken  to  bring  national  legislations  on 
education  and  training  closer  together  (Bologna  and  Bruges  processes)  and  encourages 
continued efforts to this end. The Commission does not accept this amendment, which is not 
related to the text of the Directive. 

Amendment  30  specifies  in  a  recital  that  it  is  important,  with  a  view  to  mobility  within 
Europe, to encourage the learning of other European languages at a young age. Although the 
Commission shares this view, it feels that it does not have a direct bearing on the issue of the 
recognition of professional qualifications. 

*** 

Amendment  35  to  Article  2(2a)  of  the  Directive  excludes  notaries  from  its  scope.  The 
Commission  cannot  accept  this  amendment.  A  derogation  from  the  principle  of  freedom  of 
establishment  and  the  freedom  to  provide  services  for  activities  that  involve  direct  and 
specific participation in the exercise of official authority is provided for by Article 45 of the 
EC  Treaty,  to  which  Recital  31  refers.  Case-law  consistently  interprets  this  derogation  as 
referring to specific activities and not to whole professions. Moreover, it is not good practice 
to freeze the interpretation of the Treaty by providing derogations for specific activities, the 
organisation of which may change in Member States.  

Amendment 36 adds an Article 2a, which extends the scope of the Directive to nationals of 
non-member countries. This amendment cannot be accepted for legal reasons. The chapter of 
the  EC  Treaty  on  the  free  movement  of  persons,  which  is  the  legal  basis  for  the  proposed 
Directive,  does  not  permit  nationals  of  non-member  countries  to  be  covered.  Extending  the 
benefits of the Directive to these nationals can be accomplished only through a separate legal 
instrument based on the “Justice and Home Affairs” Chapter of the Treaty, which follows a 
different legislative procedure. A solution has been found for certain categories of nationals of 
non-member  countries,  and  the  Commission  is  currently  looking  at  appropriate  means  for 
extending the Directive to nationals of non-member countries in general. 

*** 

40 

 
 
  
 
 
Amendment  37  adds  to  Article  3  of  the  proposal  a  definition  of  “liberal  professions”.  The 
Commission cannot accept this amendment insofar as it adds a definition of a concept which 
is  not  relevant  to  the  application  of  the  Directive  and  which  is  not  referred  to  in  any  of  its 
provisions. With regard to this, it should be emphasised that restricting the application of the 
Directive  solely  to  the  liberal  professions  would  have  the  effect  of  removing  an  extremely 
large number of professions from its scope, which would be a considerable step backwards in 
terms of the acquis. 

*** 

Amendment  38  specifies  that  the  acceptance  of  evidence  of  formal  training  issued  by  a 
non-member country as evidence of formal qualifications from a Member State if the holder 
has  three  years’  professional  experience  certified  by  the  Member  State  that  first  recognised 
that evidence of formal qualifications shall not preclude verification of whether the evidence 
of formal training is equivalent, or the option of applying compensatory measures. The effect 
of the acceptance provided for is to allow the holder of evidence of formal training acquired 
in a non-member country that meets the conditions set out in Article 3(3) to benefit from the 
provisions of the Directive. The amendment is therefore superfluous, as the Directive makes a 
provision  for  the  host  Member  State  to  impose  compensation  measures.  Consequently,  the 
aim of this amendment is already met by the provisions of the proposal. 

*** 

Amendment  41  specifies  in  Article  4(3)  that,  if  the  profession  for  which  the  migrant  is 
qualified  constitutes  an  autonomous  activity  of  a  profession  covering  a  wider  field  of 
activities  in  the  host  Member  State  and  if  the  difference  cannot  be  made  up  by  a 
compensatory  measure,  the  applicant  has  only  partial  access  to  the  profession  in  the  host 
Member  State.  According  to  the  Commission’s  proposal,  in  such  a  case,  the  host  Member 
State must allow at least partial access to the profession, without prejudice to the possibility 
that the migrant might prefer full access by, for example, completing specific, supplementary 
training. Ruling out any possibility of full access to the profession in the host Member State is 
a disproportionate restriction, which cannot be accepted. 

3.2.2.  Free movement of services 

*** 

Amendment  6  adds  a  recital  which  refers  to  requirements  placed  on  service-providers, 
particularly  those  relating  to  professional  qualifications,  and  to  the  fact  that  these 
requirements must apply on a non-discriminatory basis, be justified on overriding grounds of 
public  interest,  be  such  as  to  guarantee  that  the  objective  set  for  them  is  achieved,  and  be 
proportionate.  The  reference  to  requirements  relating  to  professional  qualifications  is  not 
compatible  with  the  principle  of  the  provision  of  services  under  the  original  title  without 
checks  of  the  professional  qualifications.  This  amendment  tends  towards  bringing  the 
provision of services into line with the system for establishment, which is not compatible with 
the goal of simplifying the provision of services. 

*** 

Amendments 4 and 45 delete from Recital 5 and Article 5(2) the references to defining the 
concept of provision of services using a presumption based on a time criterion. The proposed 
16-week period is intended to make it easier to distinguish between the provision of services 

41 

 
 
  
 
and establishment. This  makes the concept of the provision of services clearer. Adhering to 
the current criteria from case-law is not acceptable as they are likely to change. 

*** 

Amendment  50  replaces  the  obligation  to  inform  the  contact  point  in  the  Member  State  of 
establishment laid down in Article 7 with an obligation to inform the competent bodies in the 
Member State of establishment and the host Member State. It also places an obligation on the 
Member  State  of  origin  to  systematically  inform  the  competent  body  of  the  host  Member 
State. The Commission is of the opinion that the role of the contact points as “one-stop shops” 
is  crucial  to  achieving  the  objective  of  facilitating  the  provision  of  services.  Moreover,  the 
logical reference point is the contact point of the Member State of establishment with which 
the migrant has the closest links. Information should only be passed between contact points 
between  Member  States  on  request,  though  possibly  systematically  for  certain  situations  of 
particular interest, if the system is not to become paralysed. 

*** 

Amendment 145 uses the same argument put forward in amendment 36 (cf. above) to delete 
the reference to proof of the service provider’s nationality from Article 8(1). This amendment 
cannot be accepted for the legal reasons described above.  

*** 

3.2.3.  Freedom of establishment   

General system for the recognition of educational qualifications 

Amendment  13  is  intended  to  limit,  in  a  recital,  the  application  of  the  general  system  on  a 
subsidiary  basis  to  situations  where  the  minimum  training  conditions  set  out  for  “sectoral” 
professions are not met. This amendment cannot be accepted by the Commission insofar as it 
would have the effect of ruling out non-automatic recognition of evidence of formal training 
for  the  activities  currently  covered  by  Directive  1999/42/EC,  which  would  be  a  step 
backwards in terms of the acquis (Article 3 of Directive 1999/42/EC). 

*** 

Amendment  218  adds  to  Article  11  a  statement  that  the  Commission  shall  evaluate  the 
workability in practice of the level system as defined in the same Article five years after the 
entry into force of the Directive. If significant differences between the Member States were 
identified, the Commission would come forward with proposals for a points and credit system 
linked  to  the  quality  and  contents  of  training  in  the  Member  States.  The  comitology 
committee would supervise the allocation of points to each training course. The Commission 
cannot  accept  this  amendment.  The  envisaged  points  and  credit  system  is  based  more  upon 
bringing national  systems of training closer together, which is the responsibility of Member 
States  and  is  being  discussed  in  other  arenas  responsible  for  recognition  of  academic 
qualifications. This does not prevent the Commission from proposing other amendments that 
might seem necessary under its power of initiative.  

*** 

Amendment 57 concerns cases under Article 11 where the level of qualification required in 
the host Member State is higher than the level of qualification held by the applicant. Under 
this  amendment,  the  professional  in  question  would  enjoy  the  right  of  recognition  only  if, 

42 

 
 
  
 
firstly, the Member State of origin had increased the level of training required at some time in 
the past, and, secondly, the professional had had access to the profession in question in that 
Member  State  on  the  basis  of  their  previous,  lower-level  training.  This  amendment  must  be 
looked at in the light of amendment 60 and is based on an argument that calls into question a 
key  element  of  the  acquis.  Consequently,  this  amendment  is  not  acceptable  for  the  reasons 
given in respect of amendment 60. 

*** 

Amendment  59  specifies  in  Article  12a  that  when,  in  a  Member  State,  evidence  of  formal 
training  to  a  given  level  supplemented  by  professional  experience  is  legally  recognised  as 
being equivalent to the level immediately above, the latter  level must be taken into account 
for the purposes of recognition. This amendment is not acceptable for reasons of consistency 
in the general system for recognition. The levels of qualification established in Article 11 of 
the  proposal  are  based  on  the  professional’s  academic  training  and  make  it  possible  to 
determine the limits of the principle of recognition under the general system: as it currently 
stands,  the  principle  of  recognition  does  not  apply  if  the  difference  between  the  migrant’s 
level of training and the level required in the host Member State is more than one level. Other 
components of qualifications, such as professional experience, do not interfere with this rule, 
but  they  must  be  taken  into  account  at  the  subsequent  stage  when  a  decision  is  taken  with 
regard to the need to apply a compensatory measure. 

*** 

Amendment 60 deletes from Article 13 the right to recognition if the migrant’s evidence of 
formal training is equivalent to the level immediately below that which is required in the host 
Member State. This part of the amendment fundamentally calls into question the acquis from 
Directives  89/48/EEC  and  92/51/EEC,  which,  in  the  absence  of  harmonisation  of  training 
conditions, are founded on an instrument for mutual recognition together with a compensatory 
mechanism for substantial differences that may exist between national systems. The results of 
this amendment would be to significantly reduce the migration options open to fully-qualified 
professionals;  it  cannot  be  accepted,  therefore.  Moreover,  this  amendment  adds  a  provision 
requiring migrants to pay social insurance in the host Member State. The issue of compliance 
with obligations in force in the host Member State is addressed in Recital 3 of the proposal. 
The  proposal  for  a  Directive  on  the  recognition  of  professional  qualifications  is  not  the 
appropriate  legal  instrument  for  specific  provisions  on  specific  obligations  that  may  be  laid 
down in the various Member States. What is more, such a provision would be contrary to the 
Community legislation in force with regard to social security. 

*** 

Amendment  7  deletes  from  Recital  7  the  phrase  “or  part  of”  so  as  to  limit  its  scope  to 
situations  where  migrants  acquired  all  of  their  qualifications  in  one  Member  State.  Such  an 
approach  is  contrary  to  Community  policy  on  student  mobility.  Moreover,  it  is  a  step 
backwards  in  terms  of  the  acquis.  Individuals  who  acquired  only  part  of  their  training  in 
another Member State may nonetheless benefit from the Directive provided that they did not 
obtain their “final” professional qualification in the Member State where they wish to practise 
their profession. 

Amendment 10 is intended to limit, in a recital, the application of the Directive to individuals 
who have actually resided in the Member State that issued the professional qualification. This 
amendment cannot be accepted as it would exclude from the Directive anyone who had taken 

43 

 
 
  
 
a distance-learning course or franchised training without leaving the territory of the Member 
State in which they wished to practise the profession. We cannot share this interpretation, as 
residence  has  no  impact  on  the  “nationality”  of  the  qualification,  which  is  the  decisive 
element.  Undertaking  training  of  this  kind  does  not  constitute  avoidance  of  national 
legislation. 

Amendment 214 adds a paragraph 2c to Article 13 which gives the host Member State the 
right  to  control  the  quality  of  university  education  given  on  its  territory  under  franchising 
agreements,  particularly  by  laying  down  the  conditions  of  studies,  so  as  to  achieve 
high-quality  university  education.  This  amendment  is  not  acceptable,  since,  given  the 
independence  of  Member  States  with  regard  to  education  and  training,  it  is  not  for  the  host 
Member  State  to  lay  down  the  conditions  of  studies,  which  are  the  responsibility  of  the 
Member State of origin where the university giving the course is located. On the other hand, it 
is legitimate for the host Member State to be able to verify that the studies undertaken on its 
territory  confer  on  the  holder  the  same  rights  in  the  Member  State  of  origin  as  studies 
undertaken on the territory of the Member State of origin. The scope of such verification is 
completely different; a proposed reference to it is made in Recital 7, as redrafted in light of 
amendments 8, 62 and 63. 

*** 

Amendment  64  refers  to  Article  14(1)(c)  of  the  proposal,  which  stipulates  that  the  host 
Member  State  may  require  the  migrant  professional  to  take  an  aptitude  test  or  complete  an 
adaptation period if the profession as defined in the host Member State covers a wider field of 
activity than the corresponding profession as defined in the Member State of origin, and that 
this  divergence  consists  of  substantial  differences  with  regard  to  training.  The  amendment 
restricts this provision strictly to regulated professions in the Member State of origin. Such a 
restriction  is  not  consistent  with  the  approach  of  the  general  system  for  recognition,  which 
also applies in cases, specifically referred to in Article 13(2) of the proposal (which, in this 
respect, takes over the acquis of Directives 89/48/EEC and 92/51/EEC), where the profession 
is not regulated in the applicant’s home Member State. 

*** 

Amendment 126 adds the profession of “tourist guide” to Annex II for Greece. Given that the 
proposal  freezes  Annex  II,  which  is  no  longer  exhaustive,  there  is  no  need  for  such  an 
addition to accept level 3 training with a specific structure as equivalent to level 4 training. 

*** 

3.2.4.  Freedom of establishment   

Recognition on the basis of coordination of minimum training conditions 

Amendments  153  and  128  add,  firstly,  the  principle  of  automatic  recognition  for 
psychotherapists  to  Article  20,  and,  secondly,  the  relevant  knowledge  and  skills,  minimum 
training conditions including the study programme, professional activities and the evidence of 
formal training in an Annex Va. Establishing minimum training conditions for a profession is 
an  instrument  that  facilitates  the  automatic  recognition  of  the  qualifications  in  question. 
However,  the  conditions  for  automatic  recognition  of  psychotherapists  (consensus  of  the 
Member States, support of the profession and added value in terms of the free movement of 
professionals) are not all met. These amendments cannot be accepted, therefore.  

44 

 
 
  
 
*** 

Amendment  75  extends  notification  of  the  qualifications  to  which  automatic  recognition 
applies,  set  out  in  Article  20(6),  to  the  other  Member  States,  whereas  the  Commission’s 
proposal required only that the Commission be notified. The amendment also requires that the 
Commission publish this information within three months of notification by the Member State 
concerned. These additional requirements make the Directive more unwieldy for no purpose. 
The  proposed  system  was  put  in  place  by  Directive  2001/19/EC  and,  according  to  the 
information at the Commission’s disposal, there have been no problems applying it. 

Amendment 77 addresses cases where the Commission or a Member State has doubts as to 
whether  a  diploma,  degree,  certificate  or  other  evidence  of  formal  qualifications  meets  the 
minimum training conditions. This amendment would apply to all the professions in question 
except  for  general  practitioners.  In  such  cases,  pursuant  to  Article  20(6a),  the  comitology 
committee would be asked for its opinion. If the committee is of the opinion that the evidence 
of formal qualifications meets the minimum training conditions, it shall be published within 
the three months following delivery of the opinion or upon expiry of the deadline for delivery. 
Publication does not take place if the Member State in question amends its communication in 
accordance with the committee’s opinion, if the committee deems that the minimum training 
conditions are not met, or if the matter is brought before the Court of Justice. Introducing such 
a procedure would result in excessively cumbersome administration in the enlarged EU. The 
proposed notification is sufficient to achieve this objective. What is more, Article 226 of the 
Treaty  provides  for  only  a  single  procedure  for  checking  the  compatibility  of  national  rules 
with Community law.  

*** 

Amendment 155 deletes from Article 23(6) the use of the comitology procedure for updating 
the  minimum  periods  for  specialist  medical  training  courses.  The  comitology  procedure 
makes updating the minimum periods for specialist medical training courses simpler and more 
flexible.  Eliminating  it  is  contrary  to  one  of  the  proposal’s  central  objectives  and  is  a  step 
backwards in terms of existing Community law. 

*** 

Amendment  15  deletes  the  recital  that  clarifies  the  difference  between  the  professional 
activities  of  basic  medical  practitioners,  specialised  practitioners  and  general  practitioners. 
This  recital  is  crucial  to  interpreting  the  relevant  provisions  and  improves  understanding, 
necessary in practice, of the relationship between doctors’ various professional activities.  

Amendments 16, 179 and 156 to two recitals and Article 24(2) respectively aim to facilitate 
automatic  recognition  not  only  of  those  medical  specialisations  that  are  common  to  and 
obligatory for all Member States, but also of those that are common to a limited number of 
Member States. What is more, amendments 127, 132, 178/rev. 2, 133 and 215, in line with 
amendment 156, add the list of specialisations common to certain Member States to Annex V, 
point  5.1.4a  regarding  automatic  recognition,  and  delete  the  said  list  from  the  Annex  on 
established rights. These amendments also update the list of medical specialisations common 
to certain Member States. One of the political objectives of the proposal is to limit automatic 
recognition  of  specialised  doctors  to  the  specialisations  common  to  all  the  Member  States, 
while the general system for recognition would cover the others. The changes made by these 
amendments,  which  involve  automatic  recognition  for  medical  specialisations  common  to 
certain Member States, appear to be unacceptable.  

45 

 
 
  
 
Amendment  158  modifies  the  reference  to  the  Annexes  on  the  medical  specialisations 
common to certain Member States under the acquired rights of specialist doctors referred to in 
Article  25.  This  change,  which  is  consistent  with  the  above-mentioned  amendments,  is 
unacceptable.  Since  automatic  recognition  for  medical  specialisations  common  to  certain 
Member  States  is  unacceptable,  modifying  the  system  of  established  rights  for  medical 
specialisations  that  no  longer  enjoy  automatic  recognition  does  not  appear  to  be  sufficient. 
Moreover,  a  modification  of  the  system  along  the  proposed  lines  would  not  be  technically 
acceptable.  

Amendment  157  adds  to  Article  24  accreditation  by  the  Commission  of  the  most 
representative  European  professional  body  of  medical  doctors.  In  order  to  add  new 
specialisations  to  the  list  of  medical  specialisations  that  are  automatically  recognised,  the 
accredited professional body would enjoy a right of initiative for the procedure of publishing 
medical specialisations and would transmit to the Commission all the information needed for 
this purpose. Its proposals would be part of the comitology procedure. Lastly, the amendment 
lays  down  that  common  platforms  are  not  applicable  to  common  specialisations.  This 
amendment cannot be accepted, as it calls into question the responsibility for implementation 
given to the Commission with regard to setting and modifying minimum durations of training 
for  medical  specialisations.  Moreover,  ruling  out  the  application  of  common  platforms  for 
medical  specialisations  that  do  not  enjoy  automatic  recognition  is  not  justified,  as  this 
provision applies to the whole of the general system, with no exceptions.  

*** 

Amendments 134 and 135 add the list of dental specialisations common to certain Member 
States to Annex V, point 5.3a, regarding automatic recognition, delete the said list from the 
Annex on established rights, and update the list of dental specialisations common to certain 
Member  States.  The  grounds  for  the  non-acceptance  of  these  amendments  are  identical  to 
those for medical specialisations common to certain Member States. Moreover, with regard to 
dental specialisations, no substantial provision is contained in the body of the Directive to lay 
down the principle of automatic recognition for them.  

*** 

Amendment  92  adds  to  Article  35  a  provision  for  external  audits  of  veterinary  schools  to 
assess whether they comply effectively with the corresponding minimum training conditions. 
The results would be transmitted to the Committee referred to in Article 54. This amendment 
is not acceptable in so far as Article 226 of the Treaty provides for only a single procedure for 
checking the compatibility of national rules with Community law.  

*** 

Amendments  19  and  98  add  a  recital  and  a  paragraph  1b  to  Article  40  requiring  the 
Commission to propose that a specialisation in hospital pharmacy be created. The proposal’s 
policy  objective  is  to  simplify  and  clarify  the  system  of  recognition  of  specialisations  with 
regard  to  professions  that  enjoy  coordinated  minimum  conditions  for  training.  The  proposal 
does limit the recognition of medical and dental specialisations to those that are common to 
all the Member States. This amendment is contrary to that objective. Furthermore, under its 
right of initiative, the Commission would have to base such a proposal on an assessment of 
impact. 

46 

 
 
  
 
Amendment 18, together with amendments 104, 162 (cf. above) and 163, re-introduce in a 
recital and in Article 41, a derogation from the automatic recognition of evidence of training 
as a pharmacist in cases where a new pharmacy is being set up. Moreover, amendment 104 
refers to the responsibility of Member States with regard to authorising the establishment of 
pharmacies. These amendments are not acceptable, as the Directive does not call into question 
the responsibility of Member States, and the proposed measure is intended to further facilitate 
the free movement of pharmacists. What is more, the equivalent provision, which is currently 
applicable, is intended to be limited in duration. 

*** 

Amendment 212 adds an Article 45a, which enables the Commission to adopt proposals in 
cases  where  a  professional  association  at  European  level,  within  the  meaning  of  Article  15 
(common platforms), requests specific rules for the recognition of qualifications on the basis 
of coordinated minimum conditions for training. Modifying the Directive in order to extend 
automatic  recognition  to  new  professions  is  still  possible  under  the  Commission’s  right  of 
initiative, and must be based on an assessment of impact.  

3.2.5.  Freedom of establishment   

Common provisions on establishment 

*** 

Amendment  112  deletes  from  Article  48  the  rules  on  the  use  of  professional  titles  in  the 
event of partial access to professions. This is not acceptable, for in the event of partial access 
to  a  profession,  the  professional  title  must  include  a  suitable  reference  in  order  to  avoid 
confusion. 

*** 

Amendment  113  adds  to  Article  48  a  provision  that,  with  regard  to  professions  that  enjoy 
automatic recognition on the basis of coordinated minimum training conditions, and in cases 
where the host Member State requires a period of professional practice, Member States shall 
recognise certificates issued by other Member States showing that the professional experience 
was gained. For architects, the amendment provides for the recognition of certificates issued 
under  specific  conditions  for  Fachhochschulen.  This  amendment  is  not  accepted,  as  such 
procedural precision is contrary to the principle of automatic recognition of titles, except for 
pharmacists,  for  whom  this  exception  is  specifically  recognised.  For  professions  that  enjoy 
coordinated minimum training conditions, the Commission’s proposal provides for automatic 
recognition of titles for professionals who are fully qualified in their Member State of origin, 
regardless  of  whether  they  have  undergone  a  traineeship  or  have  gained  professional 
experience, and of whether or not such experience is required in the host Member State. 

3.2.6.  Detailed rules for practising the profession 

*** 

Amendment 115 adds to Article 51 a restriction on the obligation of Member States not to 
require  migrants  to  complete  a  preparatory  period  of  in-service  training  and/or  a  period  of 
professional  experience  in  order  to  be  approved  by  a  health  insurance  fund,  particularly  for 
midwives  and  pharmacists,  to  the  professional  activities  addressed  by  the  Directive.  This  is 
unacceptable,  as  the  Member  States  are  responsible  for  regulating  the  professions  on  their 

47 

 
 
  
 
territory and conferring on them a specific field of activity. Furthermore, the list of activities 
for the professions in question is only an obligatory minimum. 

*** 

3.2.7.  Administrative cooperation and responsibility for implementation 

Amendment  117  replaces  the  term  “competent  authorities”  of  the  host  Member  State  in 
Article 52 with “professional associations or similar competent bodies”. This is not acceptable 
and  so  far  as  professional  associations  and  similar  competent  bodies  do  not  cover  all  the 
regulated professions, nor do they exist in identical form in all the Member States, as dictated 
by the principle of subsidiarity. Moreover, in most Member States, the competent authorities 
and  the  professional  associations  do  not  play  the  same  role.  However,  the  term  “competent 
bodies”, initially referred to in amendment 116, is accepted (cf. above).  

*** 

Amendment  118  deletes  Article  53  on  contact  points.  The  proposed  areas  of  responsibility 
for the contact points (providing  citizens  with  information and assistance) are transferred to 
the  “competent  bodies”  /  “professional  associations  or  similar  competent  bodies”,  as  per 
amendments  116  and  117  (cf.  above)  respectively  .  The  purpose  of  the  contact  points  is  to 
make  it  easier  for  citizens  to  gain  access  to  information  on  the  recognition  of  professional 
qualifications.  To  do  this,  they  must  be  easily  identifiable  in  every  Member  State. 
Transferring their areas of responsibility to the “competent bodies”/“professional associations 
or  similar  competent  bodies”  is  not  in  line  with  this  requirement  for  clarity,  and  would 
therefore strip the proposed provision of its usefulness. 

*** 

Amendments 119 and 120 modify Article 54 regarding the Committee for the recognition of 
professional  qualifications.  They  set  up  two  comitology  committees,  one  for  the  general 
system  and  the  other  for  professions  that  enjoy  automatic  recognition  on  the  basis  of 
coordination  of  minimum  training  conditions.  In  addition,  they  aim  to  ensure  that  experts 
from  every  profession  be  present  as  observers  at  Committee  meetings  to  provide  their 
expertise.  Amendments  27  and  180  reiterate  in  a  recital  the  idea  of  setting  up  two 
comitology committees and refer to representation of the professions and or management and 
labour  in  the  comitology  committee.  Lastly,  amendment  182  introduces  a  recital  which 
envisages setting up subcommittees for specific issues. These amendments are not acceptable 
as they make the proposed system more unwieldy. The comitology committee is made up of 
representatives of Member States, nominated for each meeting, which ensures that they have 
expertise  in  the  field  to  be  discussed.  This  approach  is  simpler  than  setting  up  two  parallel 
structures  with  limited  areas  of  competence,  and  avoids  unnecessary  bureaucracy  while 
achieving  the  desired  objective.  Moreover,  the  amendment  does  not  take  account  of 
comitology  committees’  responsibility  for  activities  that  enjoy  automatic  recognition  of 
professional  experience, 
is  planned.  Lastly,  whether 
observers/experts should be present or subcommittees should be created is to be determined 
according  to  the  committee’s  internal  rules  of  procedure,  not  in  the  text  of  the  Directive, 
which must limit itself to the frame of reference laid down by Council Decision 1999/468.  

for  which  no  committee 

*** 

48 

 
 
  
 
Amendment 83 introduces an Article 23a setting up a group of experts from Member States 
whose  role  would  be  to  assist  in  the  implementation  of  the  Directive  and  to  put  in  place  a 
flexible method of consultation with the European associations that represent the professions 
and with educational establishments. The Commission supports these two instruments, but the 
Directive  is  not  the  appropriate  legal  instrument  for  implementing  them.  The  expert  group 
must be set up by a Commission Decision which, if appropriate, could address the rules of the 
flexible  method  of  consultation  in  its  recitals.  In  any  case,  the  new  Recital  23a  already 
describes this approach.  

*** 

Amendment  183  introduces  a  recital  which,  in  accordance  with  the  Bologna  and  Bruges 
processes,  envisages  the  creation  of  a  European  forum  for  the  professions.  This  would  be 
made  up  of  representatives  of  the  Commission,  professional  associations  and  management 
and  labour,  and  “other  institutions  in  the  education  sector”.  Its  role  would  be  to  advise  the 
comitology  committee  and  develop  a  Community  framework  for  the  recognition  of 
qualifications  for  the  regulated  and  unregulated  professions.  This  complex  structure  seems 
quite out of proportion with the technical tasks for which it would be responsible and which 
the Commission currently carries out with the assistance of an expert group. A public/private 
partnership  in  this  area,  such  as  suggested  in  Recital  25a,  is  a  more  flexible  solution. 
Moreover,  issues  regarding  the  unregulated  professions  fall  outside  the  scope  of  this 
Directive. Lastly, this recital does not relate to anything in the body of the Directive. 

3.2.8.  Other provisions 

*** 

Amendment 122 specifies in Article 55 that the Member State’s report on the application of 
the Directive should include proposals for extending its scope and including new professions. 
This  amendment  is  not  acceptable  insofar  as  it  covers  all  the  regulated  provisions  and, 
consequently, its scope cannot be broadened. What is more, modifying the Directive in order 
to extend automatic recognition to new professions is still possible under the Commission’s 
right of initiative, and should be based on an assessment of impact.  

Amendment 23 adds a recital which also deals with extending automatic recognition to other 
professions  on  the  basis  of  coordinated  minimum  training  requirements.  This  amendment  is 
not acceptable for the reasons set out above.  

Lastly,  amendment  188  suggests  in  a  recital  that  professional  organisations  “which  do  not 
fall  within  the  scope  of  this  Directive”  (i.e.  are  not  covered  by  a  specific  section  of  the 
Directive)  establish  joint  platforms  which  could  form  the  basis  for  “later  inclusion  in  this 
Directive” (i.e. under Title III, Chapter III of the Directive). The Commission does not accept 
this  amendment.  Firstly,  the  proposal  covers all  the  professions  which  are  not  covered  by  a 
specific  Directive.  Secondly,  it  is  not  up  to  the  Community  legislator  to  encourage 
professional associations to put joint platforms in place, but only to create a legal framework 
which  would  permit  this.  Lastly,  the  role  of  platforms  is  not  necessarily  to  lead  to  the 
harmonisation of minimum training conditions. 

Amendments  186  and  187  add  a  recital  and  modify  Article  55  respectively  such  that  the 
Commission would have to submit a legislative proposal for the introduction of a European 

*** 

49 

 
 
  
 
professional  card  containing  information  on  the  professional’s  qualifications,  professional 
experience,  and  any  professional  sanctions  imposed  on  him  or  her,  in  order  to  facilitate 
professional mobility. Such a measure, which would have to be compatible with Community 
legislation on data protection, remains a possibility under the Commission’s right of initiative, 
and should be based on an assessment of impact. 

*** 

Amendment  25  modifies  a  recital  to  require  the  involvement  of  the  representatives  of  the 
professions concerned in collaboration between the Member States and between them and the 
Commission in order to facilitate the implementation of the Directive. This is not acceptable 
as the implementation of the Directive is the responsibility of the Member States and of the 
Commission under its implementing powers. The role professional associations are to play in 
implementing the Directive, and their activities, are to be determined by the Member States at 
national level according to the principle of subsidiarity, and not by the Commission. 

*** 

Amendments 168 and 123 to the safeguard clause in Article 56 of the proposal stipulate that 
the  clause  can  be  applied  only  following  consultation  with  the  profession  concerned  on  the 
basis of either the comitology or the codecision procedure, as applicable. If the Commission 
considers that the difficulties are not substantial or do not exist, it must justify this view. This 
is not acceptable, as the implementation of the Directive is the responsibility of the Member 
States and of the Commission under its implementing powers. Moreover, legislative proposals 
remain  possible  under  the  Commission’s  right  of  initiative.  Consulting  with  the  professions 
concerned, which is the Commission's usual practice, cannot be an additional condition under 
the  comitology  procedure.  Amendment  124  specifies  that  compensation  measures  may  be 
imposed where the safeguard clause has been invoked. This clarification is not necessary, and 
the wording of the text does not make its area of application clear. The desired objective may 
be achieved more simply through the safeguard clause as proposed. 

*** 

3.3. 

AMENDED PROPOSAL 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as described 
above. 

50