CELEX: 51989PC0372
Language: en
Date: 1989-08-08
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON A SECOND GENERAL SYSTEM FOR THE RECOGNITION OF PROFESSIONAL EDUCATION AND TRAINING WHICH COMPLEMENTS DIRECTIVE 89/48/EEC

16. 10. 89                           Official Journal of the European Communities                             No C 263/1
                                                            II
                                                   (Preparatory    Acts)
                                               COMMISSION
            Proposal for a Council Directive on a second general system for the recognition of professional
                           education and training which complements Directive 89/48/EEC
                                              COM(89) 372 final — SYN 209
                            (Submitted   by the Commission   to the Council on 26 July 1989)
                                                      (89/C 263/01)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        concerned has already acquired all or part of those
                                                                qualifications in another Member State; whereas, as a
                                                                result, any host Member State in which an occupation
Having regard to the Treaty establishing the European
                                                                is regulated is required to take account of qualifications
Economic Community, and in particular Articles 49,
                                                                acquired in another Member State and to determine
57(1) and 66 thereof,
                                                                whether those qualifications correspond to the qualifi-
                                                                cations which the Member State concerned requires;
Having regard to the proposal from the Commission,
                                                                Whereas Council Directive 89/48/EEC of 21 December
In cooperation with the European Parliament,                    1988 on a general system for the recognition of higher
                                                                education diplomas awarded on completion of pro-
                                                                fessional education and training of at least three years'
Having regard to the opinion of the Economic and                duration (*) helps to ensure that these obligations are
Social Committee,                                               met, but is limited to higher education;
Whereas, pursuant to Article 8a of the Treaty the               Whereas in order to facilitate the pursuit of all those
internal market shall comprise an area without internal         occupational activities which in a host Member State
frontiers and pursuant to Article 3(c) of the Treaty the        are dependent on the completion of a certain level of
abolition, as between Member States, of obstacles to            education and training, a second general system should
freedom of movement for persons and services consti-            be introduced to complement the first;
tutes one of the objectives of the Community; whereas,
for nationals of the Member States, this means in par-          Whereas this complementary system must cover the
ticular the possibility of pursuing an occupation,              two levels of education and training not caught by the
whether in a self-employed or employed capacity, in a           initial general system, namely secondary education and
Member State other than that in which they acquired             post-secondary courses of less than three years' dur-
their professional or vocational qualifications;                ation at an establishment of higher education or another
                                                                establishment of similar level;
Whereas, for those occupations for the pursuit of which         Whereas the complementary general system must be
the Community has not laid down the necessary mini-             based on the same principles and contain mutatis
mum level of qualification, Member States reserve the           mutandis the same rules as the initial general system;
option of fixing such a level with a view to guaranteeing
the quality of services provided in their territory;
whereas, however, they may not, without infringing              Whereas since it covers two levels of education and
their obligations laid down in Articles 5, 48, 52 and 59        training and since the initial general system covers a
of the Treaty, require a national of a Member State             third level, the complementary general system must lay
to obtain those qualifications which in general they            down whether and under what conditions a person
determine only by reference to diplomas issued under
their own national education systems, where the person          (!) OJ No L 19, 24. 1. 1989, p. 16.
 ---pagebreak--- No C 263/2                           Official Journal of the European Communities                                16. 10. 89
possessing a certain level of education and training may            provided that the education and training attested
pursue, in another Member State, an occupation the                  by the diploma, certificate or other evidence of
qualifications for which are regulated at a different               formal qualifications were received mainly in the
level;                                                              Community, or the holder thereof has three years'
                                                                    professional experience certified by the Member
Whereas since it covers occupations the pursuit of                  State which recognized a third-country diploma,
which is dependent on the possession of professional               certificate or other evidence of formal qualifi-
or vocational education and training qualifications of             cations.
secondary level and generally requires manual skills,
the complementary general system must also provide                 The following shall be treated in the same way as
for the recognition of such qualifications even if they            a diploma, within the meaning of the first subpara-
have been acquired solely through occupational experi-             graph: any diploma, certificate or other evidence of
ence in a Member State which does not regulate such                formal qualifications or any set of such diplomas,
occupations;                                                       certificates or other evidence awarded by a com-
                                                                   petent authority in a Member State if it is awarded
Whereas in addition the scope of a number of previous              on the successful completion of education and train-
Directives on the recognition of professional and                  ing received in the Community and recognized by
vocational qualifications should be extended to cover              a competent authority in that Member State as
the pursuit of regulated activities in both an employed            being of an equivalent level and if it confers the
and a self-employed capacity;                                      same rights in respect of the taking up and pursuit
                                                                   of a regulated profession in that Member State;
Whereas the complementary general system is entirely
without prejudice to the application of Article 48(4)
and Article 55 of the Treaty;                                  b) certificate: any diploma, certificate or other evi-
                                                                  dence of formal qualifications or any set of such
Whereas, like the initial system, such a system, by               diplomas, certificates or other evidence:
strengthening the right of a Community national to use
                                                                  — which has been awarded by a competent auth-
his occupational skills in any Member State, sup-
                                                                       ority in a Member State, designated in accord-
plements and reinforces his right to acquire such skills
                                                                       ance with its own laws, regulations or adminis-
wherever he wishes;
                                                                       trative provisions,
Whereas the two systems should be evaluated, after                — which shows that the holder has successfully
being in force for a certain time, in order to determine               completed a course of secondary studies in a
how efficiently they operate and in particular how they                general education or vocational training estab-
can both be improved,                                                  lishment, and
                                                                  — which shows that the holder has the professional
HAS ADOPTED THIS DIRECTIVE:
                                                                       qualifications required for the taking up or pur-
                                                                       suit of a regulated profession in that Member
                         Article 1                                     State,
For the purposes of this Directive the following defi-            provided that the education and training attested
nitions shall apply:                                              by the diploma, certificate or other evidence of
                                                                  formal qualifications were received mainly in the
a) diploma: any diploma, certificate or other evidence            Community, or the holder thereof has two years'
    of formal qualifications or any set of such diplomas,         professional experience certified by the Member
    certificates or other evidence:                               State which recognized a third-country diploma,
                                                                  certificate or other evidence of formal qualifi-
    — which has been awarded by a competent auth-                 cations.
        ority in a Member State, designated in accord-
        ance with its own laws, regulations or adminis-           The following shall be treated in the same way
        trative provisions,                                       as a certificate, within the meaning of the first
    — which shows that the holder has successfully                subparagraph: any diploma, certificate or other evi-
        completed a post-secondary course of less than            dence of formal qualifications or any set of such
        three years' duration or of equivalent duration           diplomas, certificates or other evidence awarded by
        on a part-time basis, at a university or establish-       a competent authority in a Member State if it is
        ment of higher education or another establish-            awarded on the successful completion of education
        ment of similar level and, where appropriate,             and training received in the Community and recog-
        that he has successfully completed the pro-               nized by a competent authority in that Member
        fessional training required in addition to the            State as being of an equivalent level and if it confers
        post-secondary course, and                                the same rights in respect of the taking up and
                                                                  pursuit of a regulated profession in that Member
    — which shows that the holder has the professional            State;
        qualifications required for the taking up or pur-
        suit of a regulated profession in that Member         c) host Member State: any Member State in which a
        State,                                                    national of a Member State applies to pursue a
 ---pagebreak--- 16. 10. 89                            Official Journal of the European Communities                              N o C 263/3
    profession subject to regulation in that Member             g) adaptation period: the pursuit of a regulated pro-
    State, other than the State in which he obtained his            fession in the host Member State under the responsi-
    diploma or certificate or first pursued the profession          bility of a qualified member of that profession,
    in question;                                                    such period of supervised practice possibly being
                                                                    accompanied by further training. This period of
                                                                    supervised practice shall be the subject of an assess-
d) a regulated profession: the regulated professional               ment. The detailed rules governing the adaptation
    activity or range of activities which constitute this           period and its assessment as well as the status of a
    profession in a Member State;                                   migrant person under supervision shall be laid down
                                                                    by the competent authority in the host Member
                                                                    State;
e) regulated professional activity: a professional
    activity, in so far as the taking up or pursuit of such
    activity or one of its modes of pursuit in a Member         h) aptitude test: a test limited to the professional know-
    State is subject, directly or indirectly by virtue of           ledge of the applicant, made by the competent
    laws, regulations or administrative provisions, to              authorities of the host Member State with the aim
    the possession of a diploma or certificate. The fol-            of assessing the ability of the applicant to pursue a
    lowing in particular shall constitute a mode of pur-            regulated profession in that Member State.
    suit of a regulated professional activity:
                                                                    In order to permit this test to be carried out, the
                                                                    competent authorities shall draw up a list of subjects
    — pursuit of an activity under a professional title,
                                                                    which, on the basis of a comparison of the education
        in so far as the use of such a title is reserved to
                                                                    and training required in the Member State and that
        the holders of a diploma or certificate governed
                                                                    received by the applicant, are not covered by the
        by laws, regulations or administrative pro-
                                                                    diploma, certificate or other evidence of formal
        visions,                                                    qualifications possessed by the applicant.
    — pursuit of a professional activity relating to                The aptitude test must take account of the fact
        health, in so far as remuneration and/or reim-              that the applicant is a qualified professional in the
        bursement for such an activity is subject by                Member State of origin or the Member State from
        virtue of national social security arrangements             which he comes. It shall cover subjects to be selected
        to the possession of a diploma.                             from those on the list, knowledge of which is essen-
                                                                    tial in order to be able to exercise the profession in
                                                                    the host Member State. The test may also include
    Where the first subparagraph does not apply, a                  knowledge of the professional rules applicable to
    professional activity shall be deemed to be a regu-             the activities in question in the host Member State.
    lated professional activity if it is pursued by the             The detailed application of the aptitude test shall
    members of an association or organization the pur-              be determined by the competent authorities of that
    pose of which is, in particular, to promote and                 State with due regard to the rules of Community
    maintain a high standard in the professional field              law.
    concerned and which, to achieve that purpose, is
    recognized in a special form by a Member State                  The status, in the host Member State, of the appli-
    and:                                                            cant who wishes to prepare himself for the aptitude
                                                                    test in that State shall be determined by the com-
                                                                    petent authorities in that State.
    — awards a diploma to its members,
    — ensures that its members respect the rules of                                       Article 2
        professional conduct which it prescribes, and
                                                                This Directive shall apply to any national of a Member
    — confers on them the right to use a title or desig-        State wishing to pursue a regulated profession in a host
        natory letters, or to benefit from a status corre-      Member State in a self-employed capacity or as an
        sponding to that diploma.                               employed person.
    Whenever a Member State grants the recognition              This Directive shall not apply to professions which are
    referred to in the second subparagraph to an associ-        the subject of a separate Directive establishing arrange-
    ation or organization which satisfies the conditions        ments for the mutual recognition of diplomas by Mem-
    of that subparagraph, it shall inform the Com-              ber States, nor to activities covered by a Directive listed
    mission thereof, which shall publish this infor-            in Annex A.
    mation in the Official journal of the European
    Communities;
                                                                                          Article 3
f)  professional experience: the actual and lawful pur-         Where, in a host Member State, the taking up or pursuit
    suit of the profession concerned in a Member State;         of a regulated profession is subject to possession of a
 ---pagebreak--- No C 263/4                           Official Journal of the European Communities                                16. 10. 89
diploma, as defined in this Directive or in Directive               — may not exceed the shortfall where the shortfall
89/48/EEC, the competent authority may not, on the                      relates to professional practice acquired with the
grounds of inadequate qualifications, refuse to author-                 assistance of a qualified member of the pro-
ize a national of a Member State to take up or pursue                   fession concerned.
that profession on the same conditions as apply to its
own nationals:
                                                               In the case of diplomas within the meaning of the last
a) if the applicant holds the diploma, as defined in this      subparagraph of Article 1 a), the duration of education
    Directive or in Directive 89/48/EEC, required in           and training recognized as being of an equivalent level
     another Member State for the taking up or pursuit         shall be determined as for the education and training
    of the profession in question in its territory, such       defined in the first subparagraph of Article 1 a).
    diploma having been awarded in a Member State;
    or
                                                               When applying these provisions, account must be taken
b) if the applicant has pursued the profession in ques-
                                                               of the professional experience referred to in Article 3
    tion full-time for two years during the previous ten
                                                               b).
    years in another Member State which does not
    regulate that profession, within the meaning of
    Article 1 c) and the first subparagraph of Article 1
    d), and possesses evidence of one or more formal           At all events, the professional experience required may
                                                               not exceed four years;
    qualifications:
    — which have been awarded by a competent auth-
        ority in a Member State, designated in accord-         b) to complete an adaptation period not exceeding
        ance with the laws, regulations or administrative          three years or take an aptitude test:
        provisions of that State,
    — which show that the holder has successfully                      where the matters covered by the education and
        completed a part-time or full-time post-second-.               training he has received as laid down in Article
        ary course at a university or establishment of                 3 a) and b) differ substantially from those
        higher education or another establishment of                   covered by the diploma, as defined in this Direc-
        similar level in a Member State and, where                     tive or in Directive 89/48/EEC, required in the
        appropriate, that he has successfully completed                host Member State, or
        the professional training required in addition to
        post-secondary studies, and
                                                                       where, in the case referred to in Article 3 a), the
    — which have prepared the holder for the pursuit                   profession regulated in the host Member State
        of his profession.                                             comprises one or more regulated professional
    The following shall be treated in the same way as                  activities which do not form part of the pro-
    the evidence of formal qualifications referred to in               fession regulated in the Member State from
    the first subparagraph: any formal qualifications or               which the applicant originates or comes and that
                                                                       difference corresponds to specific education and
    any set of such formal qualifications awarded by a
                                                                       training required in the host Member State and
    competent authority in a Member State if it is
                                                                       covers matters which differ substantially from
    awarded on the successful completion of education
                                                                       those covered by the diploma, as defined in this
    and training received in the Community and is
                                                                       Directive or in Directive 89/48/EEC, adduced
    recognized by that Member State as being of an
                                                                       by the applicant, or
    equivalent level, provided that the other Member
    States and the Commission have been notified of
    this recognition.                                                  where, in the case referred to in Article 3 b), the
                                                                       profession regulated in the host Member State
                         Article 4                                     comprises one or more regulated professional
                                                                       activities which do not form part of the pro-
1.    Notwithstanding Article 3, the host Member State                 fession pursued by the applicant in the Member
may also require the applicant:                                        State from which he originates or comes, and
                                                                       that difference corresponds to specific education
a) to provide evidence of professional experience,                     and training required in the host Member State
    where the duration of the education and training                   and covers matters which differ substantially
    adduced in support of his application, as laid down                from those covered by the evidence of formal
    in Article 3 a) and b), is at least one year less than             qualifications adduced by the applicant.
    that required in the host Member State. In this
    event, the period of professional experience
    required:                                                  Should the host Member State make use of this possi-
    — may not exceed twice the shortfall in duration           bility, it must give the applicant the right to choose
        of education and training where the shortfall          between an adaptation period and an aptitude test.
        relates to post-secondary studies and/or to a          Where the host Member State, which requires a diploma
        period of probationary practice carried out            as defined in Directive 89/84/EEC, intends to introduce
        under the control of a supervising professional        derogations as regards an applicant's right to choose,
        person and ending with an examination,                 the procedure laid down in Article 15 shall apply.
 ---pagebreak--- 16. 10. 89                           Official Journal of the European Communities                              N o C 263/5
2.    However, the host Member State may not apply             training he received in accordance with Article 5 a) or
the provisions of paragraph 1 a) and b) cumulatively.          b) relates to matters that differ substantially from those
                                                               covered in the course leading to the certificate required
                         Article 5                             in the host Member State.
Where, in the host Member State, the taking up or
pursuit of a regulated profession is subject to possession
                                                                                          Article 7
of a certificate, the competent authority may not, on
the grounds of inadequate qualifications, refuse to
                                                               Where, in the host Member State, the taking up or
authorize a national of a Member State to take up or
                                                               pursuit of a regulated profession or its exercice is subject
pursue that profession on the same conditions as apply
                                                               only to possession of general knowledge of primary or
to its own nationals:
                                                               secondary school level, the competent authority may
a) if the applicant holds the diploma, as defined in           not, on the grounds of inadequate qualifications, refuse
    this Directive or the Directive 89/48/EEC, or the          to authorize a national of a Member State to take up
    certificate required in another Member State for the       or pursue that profession on the same conditions as
    taking up or pursuit of the profession in question         apply to its own nationals, if the applicant has a training
    in its territory, such diploma or certificate having       certificate of the correspondant level, which has been
    been awarded in a Member State; or                         awarded in another Member State and which gives
                                                               access in that Member State to secondary school of
b) if the applicant has pursued the profession in ques-        higher education level.
    tion full-time for two years during the previous ten
    years in another Member State which does not               This training certificate must have been awarded by a
    regulate that profession, within the meaning of            competent authority in that Member State, designated
    Article 1 d) and the first subparagraph of Article 1       in accordance with its own laws, regulations or admin-
    e), and possesses evidence of one or more formal           istrative provisions.
    qualifications:
    — which have been awarded by a competent auth-
                                                                                           Article 8
         ority in a Member State, designated in accord-
         ance with the laws, regulations or administrative
         provisions of that State, and                         Where, in the host Member State, the taking up or
                                                               pursuit of a regulated profession or its exercise is subject
    — which show that the holder has successfully              to possession of a vocational training certificate, the
         completed a post-secondary course at a univer-        competent authority may not, on the grounds of inad-
         sity or establishment of higher education or          equate qualifications, refuse to authorize a national of
         another establishment of similar level of a Mem-      a Member State to take up or pursue that profession
         ber State and, where appropriate, that he has         on the same conditions as apply to its own nationals:
         successfully completed the professional training
         required in addition to the post-secondary cour-       a) if the applicant who does not hold a diploma,
         se, or                                                      certificate or other evidence of formal qualifications
                                                                     has pursued the profession in question full-time for
     — which show that the holder has successfully                   three consecutive years during the previous ten years
         completed a part-time or full-time course of                in another Member State which does not regulate
         secondary studies in a general education or                 that profession within the meaning of Article 1 d)
         vocational training establishment, and                      and the first subparagraph of Article 1 e); and
     — which have prepared the holder for the pursuit           b) if the applicant has undergone an adaptation period
         of the profession in question.                              not exceeding two years maximum.
     The following shall be treated in the same way as
     the evidence of formal qualifications referred to in
     the first subparagraph: any formal qualifications or                                  Article 9
     any set of such formal qualifications awarded by a
     competent authority in a Member State if it is             Where, in a host Member State, the taking up or pursuit
     awarded on the successful completion of education          of a regulated profession is subject to possession of a
     and training received in the Community and is              diploma, the competent authority may not, on the
     recognized by that Member State as being of an             grounds of inadequate qualifications, refuse to author-
     equivalent level, provided that the other Member            ize a national of a Member State to take up or pursue
     States and the Commission have been notified of             that profession on the same conditions as apply to its
     this recognition.                                           own nationals:
                          Article 6                              a) if the applicant holds the certificate required in
                                                                      another Member State for the taking up or pursuit
 Without prejudice to Article 5, a host Member State                  of the profession in question in its territory, such
 may require the applicant to complete an adaptation                  diploma having been awarded in a Member State;
 period not exceeding two years maximum when the                      or
 ---pagebreak---   No C 263/6                            Official Journal of the European Communities                              16. 10. 89
       if the applicant has pursued the profession in ques-        2.     Where the competent authority of the host Mem-
       tion full-time for two years during the previous ten        ber State requires of nationals of that Member State
       years in another Member State which does not                wishing to take up or pursue a regulated profession a
       regulate that profession, within the meaning of             certificate of physical or mental health, that authority
       Article 1 d) and the first subparagraph of Article 1        shall accept as sufficient evidence in this respect the
       e), and possesses evidence of one or more formal            production of the document required in the Member
       qualifications:                                             State of origin or the Member State from which the
      — which have been awarded by a competent auth-               foreign national comes.
            ority in a Member State, designated in accord-
            ance with the laws, regulations or administrative
           provisions of that State,                              Where the Member State of origin of the Member State
                                                                  from which the foreign national comes does not impose
      — which show that the holder has successfully               any requirements of this nature on those wishing to
           completed a course of secondary studies in a           take up or pursue the profession in question, the host
           general education or vocational training estab-        Member State shall accept from such nationals a certifi-
           lishment, which have prepared the holder for           cate issued by a competent authority in that State
           the pursuit of his profession;                         corresponding to the certificates issued in the host
  b) and if the applicant has completed an adaptation             Member State.
      period not exceeding three years maximum or has
      taken the aptitude test. The host Member State
      must give the applicant the right to choose between         3.     The competent authorities of host Member States
      an adaptation period and an aptitude test.                  may require that the documents and certificates referred
                                                                  to in paragraphs 1 and 2 are presented no more than
                                                                  three months after their date of issue.
                            Article 10
 Without prejudice to Articles 3 to 9, a host Member
 State may allow the applicant, with a view to improving         4.      Where the competent authority of a host Member
 his possibilities of adapting to the professional environ-       State requires nationals of that Member State wishing
 ment in that State, to undergo there, on the basis of           to take up or pursue a regulated profession to take an
 equivalence, that part of his professional education and        oath or make a solemn declaration and where the form
 training represented by a professional practice, acquired       of such oath or declaration cannot be used by nationals
 with the assistance of a qualified member of the pro-           of other Member States, that authority shall ensure
 fession concerned, which he has not undergone in his            that an appropriate and equivalent form of oath or
 Member State of origin or the Member State from                 declaration is offered to the person concerned.
 which he has come.
                           Article 11                                                     Article 12
 1.     Where the competent authority of a host Member
State requires of persons wishing to take up a regulated          1.     The competent authorities of host Member States
profession proof that they are of good character or              shall recognize the right of nationals of Member States
repute or that they have not been declared bankrupt,             who fulfil the conditions for the taking up and pursuit
or suspends or prohibits the pursuit of that profession          of a regulated profession in their territory to use the
in the event of serious professional misconduct or a             professional title of the host Member State correspond-
criminal offence, that State shall accept as sufficient          ing to that profession.
evidence, in respect of nationals of Member States
wishing to pursue that profession in its territory, the
production of documents issued by competent auth-                2.     The competent authorities of host Member States
orities in the Member State of origin or the Member              shall recognize the right of nationals of Member States
State from which the foreign national comes showing              who fulfil the conditions for the taking up and pursuit
that those requirements are met.                                 of a regulated profession in the territory to use their
                                                                 lawful academic title and, where appropriate, the
Where the competent authorities of the Member State              abbreviation thereof deriving from their Member State
of origin or of the Member State from which the foreign          of origin or the Member State from which they come,
national comes do not issue the documents referred to            in the language of that State. Host Member States may
in the first subparagraph, such documents shall be               require this title to be followed by the name and
replaced by a declaration or oath—or, in States where            location of the establishment or examining board which
there is no provision for declaration on oath, by a              awarded it.
solemn declaration—made by the person concerned
before a competent judicial or administrative authority
or, where appropriate, a notary or qualified pro-                3.     Where a profession is regulated in the host Mem-
fessional body of the Member State of origin or the              ber State by an association or organization referred to
Member State from which the person comes; such                   in Article 1 e), nationals of Member States shall be
authority or notary shall issue a certificate attesting          entitled to use the professional title or designatory
the authenticity of the declaration on oath or solemn            letters conferred by that organization or association
declaration.                                                     only on proof of membership.
 ---pagebreak--- 16. 10. 89                           Official Journal of the European Communities                             No C 263/7
Where the association or organization makes member-            States within the framework of the Resolution of the
ship subject to certain qualification requirements, it         Council and the Ministers of Education meeting within
may apply these to nationals of other Member States            the Council of 9 February 1976 (*), and, where appropri-
who are in possession either of a diploma within the           ate, the relevant professional associations or organiz-
meaning of Article 1 a) or a certificate within the            ations. The Commission shall take the necessary initiat-
meaning of Article 1 b) or a formal qualification within       ives to ensure the development and coordination of the
the meaning of Article 3 b), Article 7 or Article 9 a)         communication of the necessary information.
only in accordance with this Directive, in particular
Articles 3, 4 and 9.
                                                                                             Article   IS
                         Article 13                            1.     If, pursuant to the second sentence of the second
                                                               subparagraph of Article 4 (1), b), or the second sentence
 1.    The host Member State shall accept as proof that        of Article 9 b), a Member State proposes not to grant
the conditions laid down in Articles 3 to 9 are satisfied      applicants the right to choose between an adaptation
the certificates and documents issued by the competent         period and an aptitude test in respect of a profession
authorities in the Member States, which the person             within the meaning of this Directive, it shall immedi-
concerned shall submit in support of his application to        ately communicate to the Commission the correspond-
pursue the profession concerned.                               ing draft provision. It shall at the same time notify the
                                                               Commission of the grounds which make the enactment
2.      The procedure for examining an application to          of such a provision necessary.
 pursue a regulated profession shall be completed as
 soon as possible and the outcome communicated in a            The Commission shall immediately notify the other
 reasoned decision of the competent authority in the           Member States of any draft it has received; it may also
 host Member State not later than four months after            consult the coordinating group referred to in
 presentation of all the documents relating to the person      Article 14 (2) on the draft.
 concerned. A remedy shall be available against this
 decision, or the absence thereof, before a court or            2.     Without prejudice to the possibility for the Com-
 tribunal in accordance with the provisions of national         mission and the other Member States of making com-
 law.                                                           ments on the draft, the Member State may adopt the
                                                                provision only if the Commission has not taken a
                                                                decision to the contrary within three months.
                          Article 14
                                                                3.     At the request of a Member State or the Com-
 1.     Member States shall designate, within the period        mission, Member States shall communicate to them,
 provided for in Article 18, the competent authorities          without delay, the definitive text of any provision aris-
 empowered to receive the applications and take the             ing from the application of this Article.
 decisions referred to in this Directive. They shall com-
 municate this information to the other Member States
 and to the Commission.
                                                                                             Article 16
 2.     The person responsible for coordination ap-
 pointed by each Member State in accordance with                The Directives listed in Annex B shall also apply to the
 Article 9(2) of Directive 89/48/EEC shall also be respon-      nationals of Member States who, pursuant to Council
 sible for promoting uniform application of this Direc-         Regulation (EEC) No 1612/68 (2), wish to pursue the
 tive to all the professions concerned.                         activities covered by these Directives as paid employees.
 The coordinating group set up under this same Article
 of Directive 89/48/EEC shall also be required:                                               Article 17
 — to facilitate the implementation of this Directive,
                                                                Following the expiry of the period provided for in
 — to collect all useful information for its application        Article 18, Member States shall communicate to the
      in the Member States.                                      Commission, every two years, a report on the appli-
                                                                 cation of the system introduced.
  The group may be consulted by the Commission on
  any changes to the existing system that may be contem-         In addition to general remarks, this report shall contain
  plated.                                                        a statistical summary of the decisions taken and a
                                                                 description of the main problems arising from appli-
  3.    The Member States shall take measures to provide         cation of the Directive.
  the necessary information on the recognition of dip-
  lomas and certificates within the framework of this
  Directive. They may be assisted in this task by the
  information centre on the academic recognition of dip-         (!) O J N o C 3 8 , 19.2. 1976, p. 1.
  lomas and periods of study established by the Member           (2) OJ No L 257, 19. 10. 1968, p. 2.
 ---pagebreak--- N o C 263/8                              Official Journal of the European Communities                                        16. 10. 89
                          Article    18                                                             Article   19
                                                                           Five years at the latest following the date specified in
Member States shall take the measures necessary to                         Article 18, the Commission shall report to the European
comply with this Directive by 1 July 1991 at the latest.                   Parliament and the Council on the state of application
They shall forthwith inform the Commission thereof.                        of this Directive.
                                                                           After conducting all necessary consultations, the Com-
                                                                           mission shall present its conclusions as to any changes
                                                                           that need to be made to this Directive. At the same
The provisions adopted pursuant to the first paragraph                     time the Commission shall, where appropriate, submit
shall make express reference to this Directive.                           proposals for improving the existing rules in the
                                                                           interests of facilitating freedom of movement, right of
                                                                          establishment and freedom to provide services.
Member States shall communicate to the Commission                                                   Article  20
the texts of the main provisions of national law which
they adopt in the field governed by this Directive.                       This Directive is addressed to the Member States.
                                                                   ANNEX
                 LIST OF THE DIRECTIVES REFERRED T O IN THE SECOND PARAGRAPH OF ARTICLE 2
            1. 64/429/EEC
               Council Directive of 7 July 1964, concerning the attainment of freedom of establishment and freedom to
               provide services in respect of activities of self-employed persons in manufacturing and processing industries
               falling within Major Groups 23-40 of the International Standard Industrial Classification of all Economic
               Activities (ISIC) (industry and small craft industries) (1).
               64/427/EEC
               Council Directive of 7 July 1964, laying down detailed provisions concerning transitional measures in
               respect of activities of self-employed persons in manufacturing and processing industries falling within
               ISIC Major Groups 23-40 (industry and small craft industries) (2).
           2. 68/365/EEC
               Council Directive of 15 October 1968, concerning the attainment of freedom of establishment and freedom
               to provide services in respect of activities of self-employed persons in the food manufacturing and beverage
               industries (ISIC Major Groups 20 and 21) (3).
               68/366/EEC
               Council Directive of 15 October 1968, laying down detailed provisions concerning transitional measures
               in respect of activities of self-employed persons in the food manufacturing and beverage industries (ISIC
               Major Groups 20 and 21) (4).
           3. 64/223/EEC
               Council Directive of 25 February 1964, concerning the attainment of freedom of establishment and
               freedom to provide services in respect of activities in wholesale trade (5).
               64/224/EEC
               Council Directive of 25 February 1964, concerning the attainment of freedom of establishment and
               freedom to provide services in respect of activities of intermediaries in commerce, industry and small
               craft industries (6).
           (J) OJ No 117, 23. 7. 1964, p. 1880.
           (2) OJ No 117, 23. 7. 1964, p. 1863. Amended by Directive of 4 March 1969 (69/77/EEC), OJ No 59,
               10. 3. 1969.
           (3) OJ No L 260, 22. 10. 1968, p. 9.
           (4) OJ No L 260, 22. 10. 1968, p. 12.
           (5) OJ No 56, 4. 4. 1964, p. 863.
           (6) OJ No 56, 4. 4. 1964, p. 869.
 ---pagebreak--- 16. 10. 89                               Official Journal of the European Communities                                         No C 263/9
                64/222/EEC
                Council Directive of 25 February 1964, laying down detailed provisions concerning transitional measures
                in respect of activities in wholesale trade and activities of intermediaries in commerce, industry and small
                craft industries (').
           4. 68/363/EEC
                Council Directive of 15 October 1968, concerning the attainment of freedom of establishment and freedom
                to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) (2).
                68/364/EEC
                Council Directive of 15 October 1968, laying down detailed provisions concerning transitional measures
                in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) (3).
           5. 70/522/EEC
                Council Directive of 30 November 1970, concerning the attainment of freedom to provide services in
                respect of activities of self-employed persons in the wholesale coal trade and activities of intermediaries
                in the coal trade (ISIC ex Group 6112) (4).
                70/523/EEC
                Council Directive of 30 November 1970, laying down detailed provisions concerning transitional measures
                in respect of activities of intermediaries in the coal trade (ISIC ex Group 6112) (5).
           6. 74/557/EEC
                Council Directive of 4 June 1974, on the attainment of freedom of establishment and freedom to provide
                services in respect of activities of self-employed persons and of intermediaries engaging in the trade and
                distribution of toxic products (6).
                74/556/EEC
                Council Directive of 4 June 1974, laying down detailed provisions concerning transitional measures
                relating to activities, trade in and distribution of toxic products and activities entailing the professional
                use of such products including activities of intermediaries^).
           7. 68/367/EEC
                Council Directive of 15 October 1968, concerning the attainment of freedom of establishment and freedom
                to provide services in respect of activities of self-employed persons in the personal services sector (ISIC
                ex Major Group 85) (8):
                 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852).
                2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853).
                68/368/EEC
                 Council Directive of 15 October 1968, laying down detailed provisions concerning transitional measures
                in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85) (9).
                 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852).
                2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853).
           8. 77/92/EEC
                 Council Directive of 13 December 1976, on measures to facilitate the effective exercise of freedom of
                 establishment and freedom to provide services in respect of the activities of insurance agents and brokers
                 (ex ISIC Group 630) and, in particular, transitional measures in respect for those activities ( !0 ).
            0)    OJ  No 56, 4. 4. 1964, p. 857.
            (2)   OJ  No L 260, 22. 10. 1968, p. 1.
            (3)   OJ  No L 260, 22. 10. 1968, p. 6.
            (4)   OJ  No L 267, 10. 12. 1970, p. 14.
            (5)   OJ  No L 267, 10. 12. 1970, p. 18.
            (6)   OJ  No L 307, 18. 11. 1974, p. 5.
            (7)   OJ  No L 307, 18. 11. 1974, p. 1.
            (8)   OJ  No L 260, 22. 10. 1968, p. 16.
            (9)   OJ  No L 260, 22. 10. 1968, p. 19.
            10
           ( )    OJ  No L 26, 31. 1. 1977, p. 14.
 ---pagebreak--- No C 263/10                            Official Journal of the European Communities                                         16. 10. 89
           9. 82/470/EEC
               Council Directive of 29 June 1982, on measures to facilitate the effective exercise of freedom of establish-
               ment and freedom to provide services in respect of activities of self-employed persons in certain services
               incidental to transport and travel agencies (ISIC Group 720) (').
           10. 82/489/EEC
               Council Directive of 19 July 1982, laying down measures to facilitate the effective exercise of the right of
               establishment and freedom to provide services in hairdressing( 2 ).
           11. 75/368/EEC
               Council Directive of 16 June 1975, on measures to facilitate the effective exercise of freedom of establish-
               ment and freedom to provide services in respect of various activities (ex ISIC Division 01 to 85) and, in
               particular, transitional measures in respect of those activities (3).
           12. 75/369/EEC
               Council Directive of 16 June 1975, on measures to facilitate the effective exercise of freedom of establish-
               ment and freedom to provide services in respect of itinerant activities and, in particular, transitional
               measures in respect of those activities (4).
           Note
           Some of the Directives listed above have been supplemented by the Acts of Accession of Denmark, Ireland
           and the United Kingdom (OJ No L 73, 27. 3. 1972), of Greece (OJ No L 291, 19. 11. 1979) and of Spain and
           Portugal (OJ No L 302, 15. 11. 1985).
          (!) OJ  No  L 213, 21. 7. 1982, p.  1.
          (2) OJ  No  L 218, 27. 7. 1982, p.  24.
          (3) OJ  No  L 167, 30. 6.  1975, p. 22.
          (4) OJ  No  L 167, 30. 6.  1975, p. 29.