Proposal for a Decision of the European Parliament and of the Council repealing Council Decision 85/368/EEC on the comparability of vocational training qualifications between the Member States of the European Community
Date: 2007-11-06
Institutions: European Commission
Subjects: Council of the European Union, EC Decision, EU Member State, recognition of diplomas, repeal, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.11.2007 
COM(2007) 680 final 

2007/0234 (COD) 

Proposal for a  

DECISION OF THE EUROPEAN PARLIAMENT 
AND OF THE COUNCIL  

repealing Council Decision 85/368/EEC on the comparability of vocational training 
qualifications between the Member States of the European Community 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  current  proposal  forms  part  of  the  simplification  programme  within  the  Commission 
Legislative  and  Work  Programme  for  2007,  which  aims  to  simplify  the  regulatory 
environment for business and other stakeholders. 

In  reviewing  existing  legislation,  the  Commission  considers  that  Council  Decision 
85/368/EEC  of  16  July  1985  on  the  comparability  of  vocational  training  qualifications 
between the Member States of the European Community is redundant and should therefore be 
repealed. 

Aims of Council Decision 85/368/EEC 

Council  Decision  85/368/EEC  introduced  a  system  for the  comparability  of  vocational 
education and training (VET) qualifications. It aimed to give workers an opportunity to make 
better use of their qualifications to obtain access to employment in other Member States. The 
system defined in the Decision sought to achieve this by defining practical job descriptions in 
specified  occupations,  readable  across  the  Community,  and  so  provide  firms,  workers,  and 
public  authorities  with  the  necessary  information  on  the  comparability  of  qualifications 
obtained in various Member States.  

The  Decision  called  for  the  Commission  and  Member  States  to  cooperate  in  drawing  up 
Community  job  descriptions  for  specific  occupations  or  groups  of  occupations,  and  then 
match  vocational  training  qualifications  recognised  in  the  Member  States  with  these  agreed 
job descriptions. 

Comparative tables were to be established incorporating information on: the SEDOC register 
(used in connection with the European system for the international clearing of vacancies and 
applications  for  employment),  national  classification  codes,  the  level  of  vocational  training, 
vocational titles in each Member State and the corresponding qualifications, the organisations 
and  institutions  responsible  for  providing  vocational  training  and  the  bodies  responsible  for 
the issuing or validation of diplomas, certificates and other documents. The mutually agreed 
Community  job  descriptions  and  the  comparative  tables  were  then  to  be  published  in  the 
Official Journal of the European Union. 

The  Decision  also  required  countries  to  designate  a  coordination  body  to  gather  and 
disseminate  information  on  comparable  vocational  qualifications;  the  Commission,  in 
cooperation with these bodies, would review the mutually agreed job descriptions and tables 
relating to the comparability of vocational qualifications. Member States were also required to 
submit reports every four years on implementation of the Decision at the national level. 

Non-implementation of the Decision  

In  practice,  however,  the  system  proposed  by  the  Decision  proved  cumbersome  and 
implementation at best partial.  

The Commission and Member States concentrated initially on the occupational qualifications 
of skilled workers. As a first step, 219 VET qualifications in 19 sectors were designated: the 

EN 

2 

   EN 

 
19  sectors  were  chosen  to  reflect  occupations  whose  workers  were  most  likely  to  move  to 
other countries.  

Procedures  for  defining  job  descriptions  and  comparing  qualifications,  involving  the 
Commission, Cedefop and Member State experts, were established. But a report prepared for 
the Commission in 1990 detailed the difficulties in this process and acknowledged the slow 
pace of progress - by 1990 data on the comparability of qualifications had been published for 
only  5  of  the  19  specified  sectors,  covering  66  occupations.  The  process  of  recording, 
describing  and  comparing  qualifications  had  proven  slow  and  unwieldy.  The  1990  report 
underlined the importance of completing work on the comparability of qualifications in time 
for the planned completion of the Internal Market by the end of 1992. It proposed simplifying 
procedures and accelerating the pace, setting targets to agree descriptions of occupations in 14 
more sectors before the end of 1992. In practice this proved too ambitious and these targets 
were not achieved.  

The  Decision  also  proved  too  inflexible  to  adapt  to  changing  needs.  Although  the  Decision 
referred  to  the  need  to  adapt  to  new  situations  brought  about  by  technological  change,  the 
Commission,  Cedefop  and  the  Member  States  came  to  accept  that  the  centralised  approach 
chosen,  and  the  constant  and  rapid  evolution  of  qualifications,  soon  made  the  published 
information out of date. 

The 1990 report had emphasised that the system would only be effective if used by Member 
States – in reality the work carried out at the European level had little impact at the level of 
national and sectoral stakeholders. 

For  all  these  reasons,  implementation  of  the  activities  specified  in  the  Decision  was  soon 
abandoned.  

The  present  proposal  to  repeal  therefore  contributes  to  the  Commission's  programme  to 
simplify legislation to enhance competitiveness as part of its Growth and Jobs Agenda, and in 
order to improve the overall quality of the legal framework of the Communities.  

The Commission additionally believes that the VET Decision is superseded by several more 
recent  initiatives  taken  at  EU  or  inter-governmental  level  to  increase  transparency,  support 
transfer and facilitate the valuing of learning outcomes 

The European Qualifications Framework (EQF)  

In particular, the European Qualifications Framework, or EQF, will seek to replicate the broad 
objective  of  the  1985  Decision,  in  aiming  to  facilitate  the  comparison  of  qualifications  and 
thereby  the  mobility  of  workers.  The  Commission  brought  forward  a  proposal  for  the 
establishment  of  the  EQF  in  September  2006,  COM (2006) 479,  which  was  adopted  by  the 
European Parliament and Council in [month/year].  

The  EQF  differs  from  the  1985  Decision  in  scope  in  being  a  lifelong  learning  framework, 
covering general and adult education, higher education as well as VET (which was the sole 
focus of the 1985 Decision). It is also very different in the approach taken. 

The  Recommendation  establishes  the  EQF  as  a  reference  tool  for  the  comparison  of 
qualification  levels  in  national  qualifications  systems,  as  well  as  qualifications  systems 
developed  by  international  sectoral  organisations.  It  recommends  that  countries  relate  their 

EN 

3 

   EN 

 
national systems to the EQF by linking qualification levels to the corresponding EQF levels 
and, where appropriate, developing a national qualifications framework. Countries are further 
recommended  to  ensure  that,  by  2012,  their  certificates,  diplomas  and  other  qualifications 
bear the appropriate EQF level (e.g. level 4).  

The  EQF  is  based  on  a  set  of  European  reference  levels  described  in  terms  of  learning 
outcomes – which describe what a learner knows, understands and is able to do regardless of 
the  context  where  a  particular  qualification  was  acquired.  In  this  way,  qualifications  in  any 
field of education and training can be understood. This use of learning outcomes in describing 
qualification  levels  also  facilitates  the  validation  of  learning  taking  place  outside  formal 
education and training institutions, a key element in truly lifelong learning.  

The EQF and Decision 85/368/EEC 

The  1985  Decision  took  a  top-down  approach  requiring  intensive  co-operation  between 
experts  from  different  countries  to  constantly  update  the  list,  amend  descriptions  of 
occupations and qualifications, and add new qualifications as necessary. The fact that only a 
limited  field  of  occupations  and  only  a  fraction  of  vocational  qualifications  were  covered 
reflects the impracticality of such an approach.  

The  EQF  adopts  a  voluntary  and  decentralised  approach  where the  Community  provides  a 
common reference point while detailed decisions are left to competent bodies at national and 
sectoral level. The arrangements envisaged for the referencing work within countries are not 
unduly  burdensome.  Countries  relate  their  levels  of  qualifications  to  the  EQF,  so  that  any 
qualification  falling  within  a  particular  level  in  their  national  framework  or  system  can  be 
given  an  EQF  level  rating.  The  EQF  thus  provides  a  common  language  to  describe  and 
understand qualifications.  

The national decisions on placing qualifications in the EQF levels are then submitted to the 
EQF  Advisory  Group  which  ensures  the  quality  of  the  process.  .  Countries  thus  have  an 
interest in making appropriate initial assessment of the level of their own qualifications and in 
contributing to the quality assurance process at the European level.  

The  EQF  thus  addresses  the  limitations  of  the  1985  Decision  at  two  levels:  by  focusing  on 
improving the transparency of qualifications, and by introducing a decentralised approach for 
co-operation more appropriate to the increasing complexity of qualifications in Europe. 

Other transparency and mobility instruments  

While the EQF will be the instrument which most closely pursues the aims and functions the 
1985  Decision  could  not  fulfil,  there  are  other  instruments  and  measures  at  European  level 
which  promote  transparency  and  increase  transferability  of  qualifications.  These  include 
Europass,  the  European  Credit  Transfer  System  for  higher  education  (ECTS),  the  2004 
Council Conclusions on the identification and validation of non-formal and informal learning 
and the Ploteus portal.  

Decision 2241/2004/EC of the European Parliament and of the Council of 15 December 2004 
on  a  single  Community  framework  for  the  transparency  of  qualifications  and  competences 
(Europass)  introduced  a  set  of  European  instruments  to  be  used  by  individuals  to  describe 
their qualifications and competences.  

EN 

4 

   EN 

 
The existing European Credit transfer system for higher education (ECTS) and the emerging 
European  Credit  Transfer  System  for  Vocational  Education  and  Training  (ECVET),  SEC 
(2006) 1431, will make it easier for individuals to combine education and training provision 
from different countries. Both these instruments provide direct support to individual citizens 
trying  to  transfer  qualifications  or  units  of  qualifications  across  institutional  barriers  and 
national borders.  

A set of common European principles on the identification and validation of non-formal and 
informal  learning  were  adopted  by  the  European  Council  in  2004  (9600/2004)  These 
principles  provide  a  basis  for  strengthening  cooperation  in  the  field  of  validation  and 
encourage  the  Commission,  the  Member  States  and  social  partners  to  introduce  more 
systematically methods and systems for validation.  

The  'Ploteus'  portal  on  learning  opportunities  (http://ec.europa.eu/ploteus)  contributes  to  a 
better  transparency  of  qualifications  by  providing  information  about  education,  training  and 
learning opportunities in European countries.  

The  mutual  recognition  of  qualifications  in  the  area  of  regulated  professions  is  ensured  by 
Directive  2005/36/EC,  adopted  on  7  September  2005.  This  Directive,  which  consolidates, 
modernises  and  simplifies  15  existing  Directives  adopted  between  1975  and  1999,  provides 
for  a  system  of  automatic  recognition  of  qualifications  for  professions  with  harmonised 
training  requirements  (doctors,  nurses,  midwives,  dentists,  veterinarians,  pharmacists)  and 
also for architects. For the other regulated professions (currently around 800 professions are 
regulated  by  one  or  more  Member  States  in  the  EU)  the  systems  is  based  on  mutual 
recognition, i.e. a person qualified to exercise a profession in one Member State, should also 
be authorised to practise this profession in another Member State. 

2. 

CONSISTENCY WITH OTHER POLICIES AND OBJECTIVES OF THE UNION 

The  proposal  to  repeal  the  Decision  is  consistent  with  the  Lisbon  agenda,  in  particular  the 
Better Regulation strategy and the need to simplify the regulatory environment for business 
and other stakeholders.  

The 1985 Decision has long fallen into desuetude. As long ago as 1990, a report prepared for 
the  Commission  highlighted  its  deficiencies  and  the  at  best  partial  record  in  meeting  its  set 
objectives. It was only ever partly implemented and has ceased to be applied in any context.  

Options for the Commission  

In the light of this situation, the Commission considered three options in proceeding. The first 
option  would  be  to  allow  the  Decision  to  remain  part  of  the  Community  acquis.  However, 
given  the  ineffectiveness  of  the  Decision,  this  position  would  be  contradictory  to  the 
Commission's  declared  commitment  to  simplify  legislation.  As  the  Council  and  Parliament 
have  adopted  the  European  Qualifications  Framework,  which  seeks  to  achieve  some  of  the 
same  aims  of  the  1985  Decision,  this  would  leave  a  redundant  piece  of  legislation 
theoretically in force. There would, therefore, be in place two instruments with similar aims 
but based on different methodologies and describing qualifications from opposite viewpoints. 
This would create a confusing situation. 

EN 

5 

   EN 

 
A second option is to modify the 1985 Decision. But, both methodologically and practically, 
this  would  be  difficult  if  not  impossible.  As  indicated  above,  the  largely  inputs  basis  of  the 
1985  Decision  is  increasingly  outdated  so  the  text  of  the  Decision  would  require  an  almost 
complete re-write, thus rendering meaningless the original text. In effect, modification would 
repeat  some  of  the  problems/objections  referred  to  in  the  first  option  above,  for  example 
sending confusing signals to Member States. 

A third option is to repeal the Decision, and so leave its aims to be addressed within the new 
EQF  and  the  other  mechanisms  referred  to  above.  Repeal  is  consistent  with  the  general 
Commission  aim  of  reducing  the  regulatory  burden  and  removing  obsolete  and  unused 
legislation  (Simplification  Programme  and  Commission  Legislative  and  Work  Programme 
2007, and the Better Regulation strategy). Its aims are met by the EQF both more efficiently, 
given its lighter framework, and more effectively, given its increased transparency, its broader 
scope and in being based on learning outcomes. Further, the EQF has been built on consensus 
among  stakeholders  at  every  stage  of  its  development.  The  Commission  proposed  it  at  the 
request  of  the  Member  States  and  social  partners,  and  consulted  them  at  length  on  its 
formulation.  

The Commission has therefore decided to take the third option and propose the repeal of the 
1985 Decision.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The proposal provides for the repeal of Council Decision 85/368/EEC on the comparability of 
vocational training qualifications between the Member States of the European Community.  

Legal basis 

Article  150  (4)  of  the  Treaty,  which  states  that  Community  action  shall  support  and 
supplement the action of the Member States and, in particular, as stated in paragraph 2 of the 
Article, improve initial vocational training, facilitate vocational integration and reintegration 
as well as to develop exchanges of information and experience on common issues. 

Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reason: 

- the Decision has to be repealed at Community level.  

The proposal therefore complies with the subsidiarity principle. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reason: 

EN 

6 

   EN 

 
It repeals redundant legislation.  

Choice of instruments 

Proposed instrument: Decision of the European Parliament and of the Council. A Decision is 
necessary for repeal of an existing Decision. 

4. 

BUDGETARY IMPICATION 

The proposal has no implication for the Community budget. 

EN 

7 

   EN 

 
2007/0234 (COD) 

Proposal for a  

DECISION OF THE EUROPEAN PARLIAMENT 
AND OF THE COUNCIL  

repealing Council Decision 85/368/EEC on the comparability of vocational training 
qualifications between the Member States of the European Community 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
150(4) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Community policies  on  better  regulation stress the importance of the simplification 
of  national  and  Community  legislation  as  a  crucial  element  in  improving  the 
competitiveness  of  undertakings  and  in  achieving  the  objectives  of  the  Lisbon 
Agenda.  

Implementation of Decision 85/368/EEC5  has  not  been  effective  in  achieving  the 
comparability  of  vocational  qualifications  for  the  benefit  of  workers  seeking 
employment in another Member State.  

The methods and approach used to describe and compare qualifications provided for 
in Decision 85/368/EEC differ from those currently applied in education and training 
systems.  

Decision 85/368/EEC is superseded by the adoption of the Recommendation of the 
European Parliament and of the Council of […] on the establishment of the European 
Qualifications Framework for lifelong learning6. 

(5) 

Decision 85/368/EEC should therefore be repealed.  

1 

2 

3 

4 

5 

6 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 199, 31.7.1999, p.56 
OJ […] 

EN 

8 

   EN 

 
                                                 
HAVE ADOPTED THIS DECISION: 

Article 1 

Decision 85/368/EEC is repealed with effect from.[…] 

Article 2 

This Decision shall enter into force on the twentieth day following that of its publication in the 
Official Journal of the European Union.  

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 

For the Council 
The President 

EN 

9 

   EN