CELEX: 51988PC0700
Language: en
Date: 1988-11-25
Title: REEXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON A GENERAL SYSTEM FOR THE RECOGNITION OF HIGHER-EDUCATION DIPLOMAS AWARDED ON COMPLETION OF PROFESSIONAL TRAINING OF AT LEAST 3 YEARS' DURATION

19. 1. 89                         Official Journal of the European Communities                                         No C 15/5
                                                                   II
                                                      (Preparatory Acts)
                                               COMMISSION
          Re-examined proposal for a Council Directive on a general system for the recognition of
          higher-education diplomas awarded on completion of professional training of at least three
                                                     years' duration (')
                                              COM(88) 700 final— SYN 41
          (Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 25 November
                                                                1988)
                                                          (89/C 15/06)
          C) OJ No C 217, 28. 8. 1985, p. 3.
                  COMMON POSITION                                                                 RE-EXAMINED PROPOSAL
                                                    Title unchanged
                                                 Citations unchanged
                                             First six r e c i t a l s u n c h a n g e d
                                                                        Recital 6 (a) (new)
                                                                        Whereas the term 'regulated professional activity' should
                                                                        be defined so as to take account of differing national
                                                                        sociological situations;
                                                                        Whereas the term should cover not only professional
                                                                        activities access to which is subject, in a Member State,
                                                                        to the possession of a diploma, but also professional acti-
                                                                        vities, access to which is unrestricted when they are
                                                                        practised under a professional title reserved for the
                                                                        holders of certain qualifications;
                                                                        Whereas the professional associations and organizations
                                                                        which confer such titles on their members and are
                                                                        recognized by the public authorities cannot invoke their
                                                                        private status to avoid application of the system;
                                 S e v e n t h to t h i r t e e n t h r e c i t a l s u n c h a n g e d
 ---pagebreak--- No C 15/6                             Official Journal of the European Communities                                            19. 1. 89
                       COMMON POSITION                                                           RE-EXAMINED PROPOSAL
                           Article 1                                                                   Article 1
For the purposes of this Directive the following defi-                     For the purposes of this Directive the following defi-
nitions shall apply:                                                       nitions shall apply:
(a) diploma: any diploma, certificate or other evidence                    (a) diploma: any diploma, certificate or other evidence
     of formal qualifications or any set of such diplomas,                      of formal qualifications or any set of such diplomas,
     certificates or other evidence:                                            certificates or other evidence:
         which has been awarded by a competent                                      which has been awarded by a competent
         authority in a Member State, designated in                                 authority in a Member State, designated in
         accordance with its own laws, regulations or                               accordance with its own laws, regulations or
         administrative provisions,                                                 administrative provisions,
         which shows that the holder has successfully                               which shows that the holder was successfully
         completed a post-secondary course of at least                              completed a post-secondary course of a least
         three years' duration, or of an equivalent                                 three years' duration, or of an equivalent
         duration part-time, at a university or estab-                              duration part-time, at a university or estab-
         lishment of higher education or another estab-                             lishment of higher education or another estab-
         lishment of similar level and, where appropriate,                          lishment of similar level and, where appropriate,
         that    he has successfully       completed         the                    that he has successfully           completed    the
         professional training required in addition to the                          professional training required in addition to the
         post-secondary course, and                                                 post-secondary course, and
         which shows that the holder has the professional                           which shows that the holder has the professional
         qualifications required for the taking-up or                               qualifications required for the taking-up or
         pursuit of a regulated profession in that Member                           pursuit of a regulated profession in that Member
         State                                                                      State
     provided that the education and training attested by                       provided that the education and training attested by
     the diploma, certificate or other evidence of formal                       the diploma, certificate or other evidence of formal
     qualifications    were received     mainly in the                          qualifications     were    received   mainly in the
     Community, or the holder of the diploma has three                          Community, or that its holder has three years'
     years' professional experience certified by the                            professional experience certified by the Member
     Member State which recognized a third-country                              State which recognized a third-country diploma,
     diploma, certificate or other evidence of formal                           certificate or other evidence of formal qualifications.
     qualifications.
                                          R e m a i n d e r of A r t i c l e 1 u n c h a n g e d
                                                       Article 2 unchanged
                                            A r t i c l e 3, p o i n t (a) u n c h a n g e d
(b) if the applicant has pursued the profession in                         (b) if the applicant has pursued the profession in
     question full-time for two years during the previous                       question full-time for two years during the previous
     10 years in another Member State which does not                            10 years in another Member State which does not
     regulate that profession, within the meaning of                            regulate that profession, within the meaning of
     Article 1 (c) and the first subparagraph of Article 1                      Article 1 (c) and the first subparagraph of Article 1
     (d), and possesses evidence of one or more formal                          (d), and possesses evidence of one or more formal
     qualifications which meet the conditions of the first                      qualifications:
     and second indents of Article 1 (a) and which have
     prepared him for the pursuit of that profession.                           — which has been awarded by a competent authority
                                                                                    in a Member State, designated in accordance with
                                                                                    its own laws, regulations or administrative
                                                                                    provisions,
 ---pagebreak---  19. 1. 89                                  Official Journal of the European Communities                                         No C 15/7
                      COMMON POSITION                                                               RE-EXAMINED PROPOSAL
                                                                                   — which shows that the holder has successfully
                                                                                         completed a post-secondary course of at least
                                                                                         three years' duration, or of an equivalent duration
                                                                                        part-time, at a university or establishment of
                                                                                        higher education or another establishment of
                                                                                         similar level of a Member State and, where
                                                                                        appropriate, that he has successfully completed
                                                                                        the professional training required in addition to
                                                                                        the post-secondary course
                                                                                   and which have prepared the holder for the pursuit
                                                                                   of his profession.
                                                 R e m a i n d e r of Article 3 u n c h a n g e d
                       Article 4, p a r a g r a p h 1 (a) and 1 (b), first s u b p a r a g r a p h u n c h a n g e d
Article 4 (I) (b) final subparagraph                                         Article 4 (1) (b) final subparagraph
Should the host Member State make use of this possi-                         Should the host Member State make use of this possi-
bility, it must give the applicant the right to choose                       bility, it must give the applicant the right to choose
between an adaptation period and an aptitude test. By                        between an adaptation period and an aptitude test. By
way of derogation from this principle, for professions                       way of derogation from this principle for legal
whose practice requires precise knowledge of national                        professions in the strictest sense whose practice requires
law and in respect of which the provision of advice                          precise knowledge of national law and in respect of
and/or assistance concerning national law is an essential                    which the provisions of advice and/or assistance
and constant aspect of the professional activity, the host                   concerning national law is an essential and constant
Member State may stipulate either an adaptation period                       aspect of the professional activity, the host Member State
or an aptitude test. Where the host Member State                             may stipulate either an adaptation period or an aptitude
intends to introduce derogations for other professions as                    test. Where the host Member State intends to introduce
regards an applicant's right to choose, the procedure laid                   derogations for other professions as regards an
down in Article 10 shall apply;                                              applicant's right to choose, the procedure laid down in
                                                                             Article 10 shall apply;
                                                        A r t i c l e 4 (2) u n c h a n g e d
                                                     A r t i c l e s 5 and 6 u n c h a n g e d
                             A r t i c l e 7 ( 1 ) , (2) and ( 3 ) , first s u b p a r a g r a p h   unchanged
Article 7 (3), second subparagraph                                           Article 7 (3), second subparagraph
"Where the        association      or organization                makes      Where         the    association   or organization       makes
membership subject to certain qualification requirements                     membership subject to certain qualification requirements
it may apply these to nationals of other Member States                       it may apply these to nationals of other Member States
who are in possession of a diploma within the meaning                        who are in possession of a diploma within the meaning
of Article 1 (a) or a formal qualification within the                        of Article 1 (a) or a formal qualification within the
meaning of Article 3 (b) only in accordance with this                        meaning of Article 3 (b) only in accordance with this
Directive, in particular Articles 3 and 4. In such cases, the                Directive, in particular Articles 3 and 4.
applicant's dossier may only be examined, and any further
qualification requirement in accordance with Article 4
imposed, by that association or organization, and by no
other authority.
                                                     A r t i c l e s 8 to 14 u n c h a n g e d