CELEX: 51990PC0389
Language: en
Date: 1990-08-06
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON A SECOND GENERAL SYSTEM FOR THE RECOGNITION OF PROFESSIONAL EDUCATION AND TRAINING WHICH COMPLEMENTS DIRECTIVE 89/48/EEC

No C 217/4                            Official Journal of the European Communities                                         1. 9. 90
                                                                     II
                                                             (Preparatory Acts)
                                                    COMMISSION
             Amendment to the proposal for a Council Directive on a second general system for the recog-
                 nition of professional education and training which complements Directive 89/48/EEC
                                                COM(90) 389 final — SYN 209
             (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 8 August 1990)
                                                              (90/C 217/04)
                     ORIGINAL PROPOSAL                                                       AMENDED PROPOSAL
Proposal for a Council Directive on a second general                     unchanged
system for the recognition of professional or vocational
education and training which complements Directive
                        89/48/EEC
                                                                 citations
                                             r e c i t a l s N o s 1 to 4 u n c h a n g e d
recital No 5
Whereas this complementary system must cover the two                     Whereas this complementary system must cover the two
levels of education and training not caught by the initial               levels of education and training not caught by the initial
general system, namely secondary education and post-                     general system, namely short higher education courses
secondary courses of less than three years' duration at on               and certain long professional or vocational training
establishment of higher education or another estab-                      courses begun before the end of the complete secondary
lishment of similar level;                                               course and corresponding to long or short secondary
                                                                         courses, possibly complemented by professional or voca-
                                                                         tional training or experience;
                                           r e c i t a l s N o s 6 and 7 u n c h a n g e d
                                                    recital N o 8 unchanged
 ---pagebreak---  1.9.90                                Official Journal of the European Communities                                      No C 217/5
                       ORIGINAL PROPOSAL                                                       AMENDED PROPOSAL
                                                                         new recital 8 a
                                                                         Whereas the aim of this general system, like the first
                                                                         general system, is to eliminate obstacles to the taking-up
                                                                         and pursuit of regulated professions; whereas work
                                                                         carried      out    pursuant     to     Council    Decision
                                                                         85/368/EEC (*) on the comparability of vocational
                                                                         training qualifications between the Member States of the
                                                                         European Community, while pursuing a different
                                                                         objective from the elimination of legal obstacles to
                                                                         freedom of movement, namely that of improving the
                                                                         transparency of the labour market, should be useful in
                                                                         terms of the application of this Directive particularly
                                                                        where it could provide information on the subject,
                                                                         content and duration of professional or vocational
                                                                        training;
                                             r e c i t a l s N o s 9 to 12 u n c h a n g e d
                           Article 1                                                               Article 1
For the purposes of this Directive the following defi-                   unchanged
nitions shall apply:
(a) diploma: any diploma, certificate or other evidence
     of formal qualifications or any set of such diplomas,
     certificates or other evidence:
         which has been awarded by a competent
         authority in a Member State, designated in
         accordance with its own laws, regulations or
         administrative provisions,
         which shows that the holder has successfully                        — which shows that the holder, generally after
         completed a post-secondary course of less than                          schooling attested to by the qualification or
         three years' duration or of equivalent duration on                      qualifications   giving     access  to   university
         a part-time basis, at a university or establishment                     education, higher education or other education
         of higher education or another establishment of                         of similar level, has successfully completed a
         similar level and, where appropriate, that he has                       post-secondary course of less than three years'
         successfully completed the professional or voca-                        duration or of equivalent duration on a part-time
         tional training required in addition to the post-                       basis, at a university or establishment of higher
         secondary course, and                                                   education or another establishment of similar
                                                                                 level and, where appropriate, that he has
                                                                                 successfully completed the professional or voca-
                                                                                 tional training required in addition to the post-
                                                                                 secondary course,
                                                                        (') OJ No L 199, 31. 7. 1985.
 ---pagebreak--- No C 217/6                             Official Journal of the European Communities                                1. 9. 90
                                                                                     AMENDED PROPOSAL
                                                                     — or which shows that, after at least ten years'
                                                                        schooling, the holder has completed a course of
                                                                        professional or vocational training in the para-
                                                                        medical field, as evidenced by an examination
                                                                        taken at a specialist professional, or vocational
                                                                        training establishment, of at least three years'
                                                                        duration or at least two years' duration where
                                                                        combined with relevant professional experience in
                                                                        an approved establishment,
                                                                     — or which shows that after at least ten years'
                                                                        schooling, the holder, while following a
                                                                        structured training programme, has completed at
                                                                        least five years' training provided partly on the
                                                                        job and partly in a professional or vocational
                                                                        training establishment and attested by an exam-
                                                                        ination, success in which is necessary in order to
                                                                        exercise in a self-employed capacity an occu-
                                                                        pation classed as a craft, and
    — which shows that the holder has the professional               unchanged
        or vocational qualifications required for the
        taking-up or pursuit of a regulated profession in
        that Member State;
    provided that the education and training attested by
    the diploma, certificate or other evidence of formal
    qualifications    were    received    mainly in the
    Community, or the holder thereof has three years'
    professional experience certified by the Member
    States which recognized a third-country diploma,
    certificate or other evidence of formal qualifications.
    The following shall be treated in the same way as a
    diploma within        the meaning of the            first
    subparagraph: any diploma, certificate or other
    evidence of formal qualifications or any set of such
    diplomas, certificates or other evidence awarded by a
    competent authority in a Member State if it is
    awarded on the successful completion of education
    and training received in the Community and
    recognized by a competent authority in that Member
    State as being of an equivalent level and if it confers
    the same rights in respect of the taking-up and
    pursuit of a regulated profession in that Member-
    State;
(b) certificate: any diploma, certificate or other evidence
    of formal qualifications or any set of such diplomas,
    certificates or other evidence:
    — which has been awarded by a competent
        authority in a Member State, designated in
        accordance with its own laws, regulations or
        administrative provisions,
 ---pagebreak--- 1. 9. 90                                Official Journal of the European Communities                           No C 217/7
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
    — which shows that the holder has successfully                    — which shows that the holder has successfully
         completed a course of secondary studies in a                    completed a course of secondary studies in a
         general educational vocational training estab-                  general or technical education establishment,
         lishment, and                                                   complemented, where appropriate,
                                                                      — either by a professional or vocational training
                                                                         course other than those referred to in point (a),
                                                                         provided in an education establishment, or in
                                                                         combination in an education establishment and
                                                                         on the job, and complemented, where appro-
                                                                         priate, by the period of practical training or
                                                                         professional experience required in addition to
                                                                         this training course,
                                                                      — or by the period of practical training or
                                                                         professional experience required in addition to
                                                                         this course of secondary studies, and
     — which shows that the holder has the professional               unchanged
         qualifications required for the taking up or
         pursuit of a regulated profession in that Member
         State,
     provided that the education and training attested by
     the diploma, certificate or other evidence of formal
     qualifications    were    received    mainly in the
     Community, or the holder thereof has two years'
     professional experience certified by the Member
     State which recognized a third-country diploma,
     certificate or other evidence of formal qualifications.
     The following shall be treated in the same way as a
     certificate, within the meaning of the first
     subparagraph: any diploma, certificate or other
     evidence of formal qualifications or any set of such
     diplomas, certificates or other evidence awarded by a
     competent authority in a Member State if it is
     awarded on the successful completion of education
     and training received in the Community and
     recognized by a competent authority in that Member
     State as being of an equivalent level and if it confers
     the same rights in respect of the taking-up and
     pursuit of a regulated profession in that Member
     State;
(c) host Member State: any Member State in which a
     national of a Member State applies to pursue a
     profession subject to regulation in that Member
     State, other than the State in which he obtained his
     diploma or certificate or first pursued the profession
     in question;
(d) a regulated profession: the regulated professional
     activity or range of activities which constitute this
     profession in a Member State;
 ---pagebreak--- No C 217/8                             Official Journal of the European Communities                                   1. 9. 90
                      ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
(e) regulated professional activity: a professional              (e) regulated professional activity: a professional
    activity, in so far as the taking-up or pursuit of such          activity, in so far as the taking-up or pursuit of such
    activity or one of its modes of pursuit in a Member              activity or one of its modes of pursuit in a Member
    State is subject, directly or indirectly, by virtue of           State is subject, directly or indirectly, by virtue of
    laws, regulations or administrative provisions, to the           laws, regulations or administrative provisions, to the
    possession of a diploma or certificate. The following            possession of a diploma, certificate or other evidence
    in particular shall constitute a mode of pursuit of a            of formal qualifications. The following in particular
    regulated professional activity:                                 shall constitute a mode of pursuit of a regulated
                                                                     professional activity:
    — pursuit of an activity under a professional title, in          — pursuit of an activity under a professional title, in
        so far as the use of such a title is reserved to the             so far as the use of such a title is reserved to the
        holders of a diploma or certificate governed by                  holders of a diploma, certificate or other
        laws, regulations or administrative provisions,                  evidence of formal qualifications governed by
                                                                         laws, regulations or administrative provisions,
    — pursuit of a professional activity relating to                 — pursuit of a professional activity relating to
        health, in so far as renumeration and/or reimbur-                health, in so far as remuneration and/or reimbur-
        sement for such an activity is subject by virtue of              sement for such an activity is subject by virtue of
        national social security arrangements to the                     national social security arrangements to the
        possession of a diploma.                                         possession of a diploma, certificate or other
                                                                         evidence of formal qualifications,
                                                                     — pursuit of an activity as part of the public service,
                                                                         where the laws, regulations or administrative
                                                                         provisions relating thereto require the possession
                                                                         of a diploma, certificate or other evidence of
                                                                         formal qualifications,
                                                                     — pursuit of a professional activity where, under a
                                                                         collective or other occupational agreement
                                                                         concluded between the two sides of industry, the
                                                                         possession of a diploma, certificate or other
                                                                         evidence of formal qualifications is required and
                                                                         determines in particular a minimum level of
                                                                         remuneration.
                                                                     The following are covered:
                                                                     — collective or other occupational agreements
                                                                         concluded by the public authorities or public
                                                                         companies in their capacity of employer,
                                                                     — collective or other occupational agreements
                                                                         declared generally binding by the public auth-
                                                                         orities for all employers in the branch or
                                                                         branches concerned,
                                                                     — collective or other occupational agreements,
                                                                         accession to which is a condition for granting to
                                                                         the employer benefits such as public subsidies.
 ---pagebreak--- 1. 9. 90                               Official Journal of the European Communities                            No C 217/9
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
    Where the first subparagraph does not apply, a                   unchanged
     professional activity shall be deemed to be a
     regulated professional activity if it is pursued by the
     members of an association or organization the
     purpose of which is, in particular, to promote and
     maintain a high standard in the professional field
     concerned and which, to achieve that purpose, is
     recognized in a special form by a Member State and:
    — awards a diploma to its members,                                   awards a diploma, certificate or other evidence of
                                                                         formal qualifications to its members,
         ensures that its members respect the rules of               unchanged
         professional conduct which it prescribes, and
         confers on them the right to use a title or desig-              confers on them the right to use a title or desig-
         natory letters, or to benefit from a status corre-              natory letters, or to benefit from a status corre-
         sponding to that diploma.                                       sponding to that diploma, certificate or other
                                                                         evidence of formal qualifications.
    Whenever a Member State grants the recognition                   unchanged
     referred to in the second subparagraph to an asso-
     ciation or organization which satisfies the conditions
     of that subparagraph, it shall inform the Commission
     thereof, which shall publish this information in the
     Official Journal of the European Communities;
(f) professional experience: the actual and lawful pursuit
    of the profession concerned in a Member State;
(g) adaptation period: the pursuit of a regulated
    profession in the host Member State under the
    responsibility of a qualified member of that
    profession, such period of supervised practice
    possibly being accompanied by further training. This
    period of supervised practice shall be the subject of
    an assessment. The detailed rules governing the
    adaptation period and its assessment as well as the
    status of a migrant person under supervision shall be
    laid down by the competent authority in the host
    Member State;
                                                                     In the matter in particular of obligations, of social
                                                                     rights and benefits, of allowances and remuneration,
                                                                     this status shall be established by the host Member
                                                                     State, in accordance with applicable Community law
                                                                     and by reference to the status enjoyed by nationals
                                                                     of the host Member State undergoing comparable
                                                                     periods of supervised practice or professional or
                                                                     vocational training;
 ---pagebreak---  No C 217/10                            Official Journal of the European Communities                1.9.90
                       ORIGINAL PROPOSAL                                           AMENDED PROPOSAL
 (h) aptitude test: a test limited to the professional                unchanged
      knowledge of the applicant, made by the competent
      authorities of the host Member State with the aim of
      assessing the ability of the applicant to pursue a
      regulated profession in that Member State.
      In order to permit this test to be carried out, the
      competent authorities shall draw up a list of subjects
     which, on the basis of a comparison of the education
      and training required in the Member State and that
      received by the applicant are not covered by the
      diploma, certificate or other evidence of formal
      qualifications possessed by the applicant.
     The aptitude test must take account of the fact that
     the applicant is a qualified professional in the
     Member State of origin or the Member State from
     which he comes. It shall cover subjects to be selected
     from those on the list, knowledge of which is
     essential in order to be able to exercise the
     profession in the host Member State. The test may
     also include knowledge of the professional rules
     applicable to the activities in question in the host
     Member State. The detailed application of the
     aptitude test shall be determined by the competent
     authorities of that State with due regard to the rules
     of Community law.
     The status, in the host Member State, of the
     applicant who wishes to prepare himself for the
     aptitude test in that State shall be determined by the
     competent authorities in that State.
                           Article 2                                                  Article 2
This Directive shall apply to any national of a Member            unchanged
State wishing to pursue a regulated profession in a host
Member State in a self-employed capacity or as an
employed person.
This Directive shall not apply to professions which are
the subject of a separate Directive establishing
arrangements for the mutual recognition of diplomas by
Member States, nor to activities covered by a Directive
listed in Annex A.
 ---pagebreak---  1. 9. 90                                Official Journal of the European Communities                             No C 217/11
                        ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
                             Article 3                                                        Article 3
Where, in a host Member State, the taking up or pursuit            Without prejudice to Directive 89/48/EEC, where, in a
of a regulated profession is subject to possession of a            host Member State, the taking up or pursuit of a
diploma, as defined in this Directive or in Directive              regulated profession is subject to possession of a
89/48/EEC, the competent authority may not, on the                 diploma, as defined in this Directive or in Directive
grounds of inadequate qualifications, refuse to authorize          89/48/EEC but attesting to a post-secondary course of a
a national of a Member State to take up or pursue that             duration not exceeding four years or of an equivalent
profession on the same conditions as apply to its own              duration part-time, the competent authority may not, on
nationals:                                                         the grounds of inadequate qualifications, refuse to
                                                                   authorize a national of a Member State to take up or
                                                                   pursue that profession on the same conditions as apply to
                                                                   its own nationals:
(a) if the applicant holds the diploma, as defined in this         (a) unchanged
     Directive or in Directive 89/48/EEC, required in
     another Member State fo the taking up or pursuit of
     the profession in question in its territory, such
     diploma having been awarded in a Member State; or
(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
     ten years in another Member State which does not                   ten years in another Member State which does not
     regulate that profession, within the meaning of                    regulate that profession, either within the meaning of
     Article 1 (d) and the first subparagraph of Article 1             Article 1 (d) and the first subparagraph of Article 1
     (e), and possesses evidence of one or more formal                  (e) of this Directive or within the meaning of Article
     qualifications:                                                    1 (c) and the first subparagraph of Article 1 (d) of
                                                                        Directive 89/48/EEC, and possesses evidence of one
                                                                        or more formal qualifications:
     — which have been awarded by a competent                           unchanged
          authority in a Member State, designated in
          accordance with the laws, regulations or adminis-
          trative provisions of that State,
     — which show that the holder has successfully                     — which show that the holder, generally after
          completed a pan-time or full-time post-                           schooling attested to by the qualification or
          secondary course at a university or establishment                 qualifications   giving    access to     university
          of higher education or another establishment of                   education, higher education or other education
         similar level in a Member State and, where                         of similar level, has successfully completed a
          appropriate, that he has successfully completed                   post-secondary course at a university or estab-
         the professional training required in addition to                  lishment of higher education or another estab-
         post-secondary studies, and                                        lishment of similar level in a Member State and,
                                                                            where appropriate, that he has successfully
                                                                            completed the professional or vocational training
                                                                            required in addition to post-secondary studies,
                                                                            and
     — which have prepared the holder for the pursuit of               unchanged
         his profession.
 ---pagebreak--- No C 217/12                             Official Journal of the European Communities                                 1.9.90
                      ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
    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 any
    set of such formal qualifications awarded by a
    competent authority in a Member State if it is
    awarded on the successful completion of education
    and training received in the Community and is
    recognized by that Member State as being of an
    equivalent level, provided that the other Member
    States and the Commission have been notified of this
    recognition.
                           Article 4                                                        Article 4
1.    Notwithstanding Article 3, the host Member State             unchanged
may also require the applicant:
(a) to provide evidence of professional experience,
    where the duration of the education and training
    adduced in support of his application, as laid down
    in Article 3 (a) and (b) is at least one year less than
    that required in the host Member State. In this event,
    the period of professional experience required:
    — may not exceed twice the shortfall in duration of
         education and training where the shortfall relates
         to post-secondary studies and/or to a period of
         probationary practice carried out under the
         control of a supervising professional person and
         ending with an examination,
    — may not exceed the shortfall where the shortfall
         relates to professional practice acquired with the
         assistance of a qualified member of the profession
         concerned.
    In the case of diplomas within the meaning of the
    last subparagraph of Article 1 (a), the duration of
    education and training recognized as being of an
    equivalent level shall be determined as for the
    education and training defined in the first
    subparagraph of Article 1 (a).
    When applying these provisions, account must be
    taken of the professional experience referred to in
    Article 3 (b).
    At all events, the professional experience required
    may not exceed four years;
                                                                      Professional experience may not however be
                                                                      required of an applicant holding a diploma attesting
                                                                      to a post-secondary course of studies as referred to
                                                                      in the second indent of Article 1 (a) or a diploma as
                                                                      defined in Article 1 (a) of Directive 89/48/EEC who
                                                                      wishes to pursue his profession in a host Member
                                                                      State which requires the possession of a diploma
                                                                      attesting to a course of paramedical or craft training
                                                                      as referred to in the third and fourth indents of
                                                                      Article 1 (a).
 ---pagebreak--- 1. 9. 90                               Official Journal of the European Communities                           No C 217/13
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
(b) To complete an adaptation period not exceeding               unchanged
     three years or take an aptitude test:
         where the matters covered by the education and
         training he has received as laid down in Article 3
         (a) and (b) differ substantially from those
         covered by the diploma, as defined in this
         Directive or in Directive 89/48/EEC, required in
         the host Member State, or
         where, in the case referred to in Article 3 (a), the
         profession regulated in the host Member State
         comprises one or more regulated professional
         activities which do not form part of the
         profession regulated in the Member State from
         which the applicant originates or comes and that
         difference corresponds to specific education and
         training required in the host Member State and
         covers matters which differ substantially from
         those covered by the diploma, as defined in this
         Directive or in Directive 89/48/EEC, adduced
         by the applicant, or
         where, in the case referred to in Article 3 (b), the
         profession regulated in the host Member State
         comprises one or more regulated professional
         activities which do not form pan of the
         profession pursued by the applicant in the
         Member State from which he originates or
         comes, and that difference corresponds to
         specific education and training required in the
         host Member State and covers matters which
         differ substantially from those covered by the
         evidence of formal qualifications adduced by the
         applicant.
     Should the host Member State make use of this                   Should the host Member State make use of this
     possibility, it must give the applicant the right to            possibility, it must give the applicant the right to
     choose between an adaptation period and an                      choose between an adaptation period and an
     aptitude test. Where the host Member State, which               aptitude test. Where the host Member State, which
     requires a diploma as defined in Directive                      requires a diploma as defined in Directive
     89/84/EEC, intends to introduce derogations as                  89/48/EEC or in this Directive, intends to introduce
     regards an applicant's right to choose, the procedure           derogations as regards an applicant's right to choose,
     laid down in Article 15 shall apply.                            the procedure laid down in Article 15 shall apply.
2.     However, the host Member State may not apply              unchanged.
the provisions of paragraph 1 (a) and (b) cumulatively.
 ---pagebreak--- No C 217/14                             Official Journal of the European Communities                                1. 9. 90
                       ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
                            Article 5                                                     Article 5
Where, in the host Member State, the taking up or                 unchanged
pursuit of a regulated profession is subject to possession
of a certificate, the competent authority may not, on the
grounds of inadequate qualifications, refuse to authorize
a national of a Member State to take up or pursue that
profession on the same conditions as apply to its own
nationals:
(a) if the applicant holds the diploma, as defined in this
    Directive or in Directive 89/48/EEC, or the
    certificate required in another Member State for the
    taking-up or pursuit of the profession in question in
    its territory, such diploma having been awarded in a
    Member State; or
(b) if the applicant has pursued the profession in
    question full-time for two years during the previous
    ten years in another Member State which does not
    regulate that profession, within the meaning of
    Article 1 (d) and the first subparagraph of Article 1
    (e), and possesses evidence of one or more formal
    qualifications:
         which have been awarded by a competent
         authority in a Member State, designated in
         accordance with the laws, regulations or adminis-
         trative provisions of that State, and
         which show that the holder has successfully                     which show that the holder, generally after
         completed a post-secondary course at a university               schooling attested to by the qualification or
         or establishment of higher education or another                 qualifications   giving    access to    university
         establishment of higher education or another                    education, higher education or other education
         establishment of similar level of a Member State                of similar level, has successfully completed a
         and, where appropriate, that he has successfully                post-secondary course at a university or estab-
         completed the professional training required in                 lishment of higher education or another estab-
         addition to the post-secondary course, or                       lishment of similar level and, where appropriate,
                                                                         that he has successfully          completed     the
                                                                         professional or vocational training required in
                                                                         addition to the post-secondary course, or
         which show that the holder has successfully                     which show that the holder has successfully
         completed a part-time or full-time course of                    completed a course of secondary studies in a
         secondary studies in a general education or voca-               general or technical education establishment,
         tional training establishment, and                              complemented, where appropriate,
 ---pagebreak---  1. 9. 90                               Official Journal of the European Communities                             No C 217/15
                       ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
                                                                        — either by a professional or vocational training
                                                                           course other than those referred to in point (a),
                                                                           provided in an education establishment or in
                                                                           combination in an education establishment and
                                                                           on the job and complemented, where appro-
                                                                           priate, by the period of practical training or
                                                                           professional experience required in addition to
                                                                           this training course,
                                                                       — or by the period of practical training or
                                                                           professional experience required in addition to
                                                                           this course of secondary studies, and
     — which have prepared the holder for the pursuit of                unchanged
          the profession in question.
     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 any
     set of such formal qualifications awarded by a
     competent authority in a Member State if it is
     awarded on the successful conclusion of education
     and training received in the Community and is
     recognized by that Member State as being of an
     equivalent level, provided that the other Member
     States and the Commission have been notified of this
     recognition.
                           Article 6                                                         Article 6
Without prejudice to Article 5, a host Member State may           Without prejudice to Article 5, a host Member State may
require the applicant to complete an adaptation period            require the applicant to complete an adaptation period
not exceeding two years maximum when the training he              not exceeding two years maximum or to take an aptitude
received in accordance with Article 5 (a) or (b) relates to       test when the training he received in accordance with
matters that differ substantially from those covered in the       Article 5 (a) or (b) relates to matters that differ substan-
course leading to the certificate required in the hcst            tially from those covered in the course leading to the
Member State.                                                     certificate required in the host Member State, or where
                                                                  there are differences in the fields of activity charac-
                                                                  terized in the host Member State by specific training
                                                                  relating to matters that differ substantially from those
                                                                  covered by the certificate of the applicant. Depending on
                                                                  the case, the aptitude test may cover theoretical and/or
                                                                  practical aspects.
                                                                  Should the host Member State make use of this possi-
                                                                  bility, it must give the applicant the right to choose
                                                                  between an adaptation period and an aptitude test.
                                                                  Where the host Member State which requires a
                                                                  certificate intends to introduce derogations as regards an
                                                                  applicant's right to choose, the procedure laid down in
                                                                  Article 15 shall apply.
 ---pagebreak---  No C 217/16                          Official Journal of the European Communities                                 1. 9. 90
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                          Article 7                                                       Article 7
Where, in the host Member State, the taking-up or               1.     unchanged
pursuit of a regulated profession or its exercise is subject
only to possession of general knowledge of primary or
secondary school level, the competent authority may not,
on the grounds of inadequate qualifications, refuse to
authorize a national of a Member State to take up or
pursue that profession on the same conditions as apply to
its own nationals, if the applicant has a training
certificate of the corresponding level, which has been
awarded in another Member State and gives access in
that Member State to secondary school of higher
education level.
This training certificate must have been awarded by a
competent authority in that Member State, designated in
accordance with its own laws, regulations or adminis-
trative provisions.
                                                                2.    Where, in the host Member State, the taking-up or
                                                                pursuit of a regulated profession is subject to:
                                                                    a diploma, certificate or    other evidence of formal
                                                                    qualifications attesting to  training of no more than
                                                                    six months' duration and     not forming part of a set
                                                                    constituting a diploma       within the meaning of
                                                                    Directive 89/48/EEC or        a diploma or certificate
                                                                    within the meaning of this   Directive, or
                                                                — an assessment of the knowledge and/or professional
                                                                    aptitudes of the applicant by an authority designated
                                                                    in accordance with the laws, regulations or adminis-
                                                                    trative provisions of that Member State, without
                                                                    proof of prior education and training being required;
                                                                its own laws, regulations or administrative provisions
                                                                shall apply.
                                                                However, these provisions shall not apply to nationals of
                                                                Member States providing proof of qualifications issued in
                                                                other Member States and giving equivalent guarantees,
                                                                in the matter of health, safety, environment al protection
                                                                and consumer protection, to those required by the laws,
                                                                regulations or administrative provisions of the host
                                                                Member State.
 ---pagebreak---  1. 9. 90                                Official Journal of the European Communities                             No C 217/17
                       ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                            Article 8                                                          Article 8
Where, in the host Member State, the taking-up or                  Where, in the host Member State, the taking-up or
pursuit of a regulated profession is subject to possession         pursuit of a regulated profession is subject to possession
of a vocational training certificate, the competent                of a certificate, the competent authority may not, on the
authority may not, on the grounds of inadequate qualifi-           grounds of inadequate qualifications, refuse to authorize
cations, refuse to authorize a national of a Member State          a national of a Member State to take up or pursue that
to take up or pursue that profession on the same                   profession on the same conditions as apply to its own
conditions as apply to its own nationals:                          nationals if the applicant who does not hold a diploma,
                                                                   certificate or other evidence of formal professional or
(a) if the applicant who does not hold a diploma,                  vocational qualifications has pursued the profession in
      certificate or other evidence of formal qualifications       question full-time for three consecutive years during the
      has pursued the profession in question full-time for         previous ten years in another Member State which does
      three consecutive years during the previous ten years        not regulate that profession within the meaning of
      in another Member State which does not regulate              Article 1 (d) and the first subparagraph of Article 1 (e).
     that profession within the meaning of Article 1 (d)
      and the first subparagraph of Article 1 (e), and             Nevertheless, the host Member State may require the
                                                                   applicant to undergo an adaptation not exceeding two
(b) if the applicant has undergone an adaptation period            years.
     not exceeding two years.
                            Article 9                                                         Article 9
Where, in a host Member State, the taking-up or pursuit            unchanged
of a regulated profession is subject to possession of a
diploma, the competent authority may not, on the
grounds of inadequate qualifications, refuse to authorize
a national of a Member State to take up or pursue that
profession on the same conditions as apply to its own
nationals:
(a) if the applicant holds the certificate required in             — if the applicant holds the certificate required in
     another Member State for the taking-up or pursuit                 another Member State for the taking-up or pursuit of
     of the same profession in its territory, such diploma             the same profession in its territory, such diploma
     having been awarded in a Member State; or                         having been awarded in a Member State; or
     if the applicant has pursued the same profession              — if the applicant has pursued the same profession
     full-time for two years during the previous ten years             full-time for two years during the previous ten years
     in another Member State which does not regulate                   in another Member State which does not regulate
     that profession, within the meaning of Article 1 (d)              that profession, within the meaning of Article 1 (d)
     and the first subparagraph of Article 1 (e), and                  and the first subparagraph of Article 1 (e) and
     possesses evidence of one or more formal qualifi-                 possesses evidence of one or more formal qualifi-
     cations :                                                         cations :
     — which have been awarded by a competent                         — which have been awarded by a competent
          authority in a Member State, designated in                        authority in a Member State, designated in
         accordance with the laws, regulations or adminis-                  accordance with the laws, regulations or adminis-
         trative provisions of that State,                                  trative provisions of that State, and
 ---pagebreak--- No C 217/18                           Official Journal of the European Communities                                  1.9.90
                      ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
         which show that the holder has successfully                    which show that the holder has successfully
         completed a course of secondary studies in a                   completed a course of secondary studies in a
         general education or vocational training estab-                general or technical education establishment,
         lishment, which have prepared the holder for the               complemented, where appropriate, either by a
         pursuit of his profession,                                     professional or vocational training course other
                                                                        than those referred to in point (a), provided in a
                                                                        education establishment or in combination in an
                                                                        education establishment and on the job and
                                                                        complemented, where appropriate, by the period
                                                                        of practical training or professional experience
                                                                        required in addition to this training course or by
                                                                        the period of practical training or professional
                                                                        experience required in addition to this course of
                                                                        secondary studies,
                                                                     — and which have prepared the holder for the
                                                                        pursuit of his profession.
(b) and if the applicant has completed       an adaptation      Nevertheless, the host Member State may require the
     period not exceeding three years or     has taken the      applicant to undergo an adaptation period not exceeding
     aptitude test. The host Member State     must give the     three years or take an aptitude test. The host Member
     applicant the right to choose between    an adaptation      State must give the applicant the right to choose between
     period and an aptitude test.                               an adaptation period and an aptitude test.
                                                                Where the host Member State intends to introduce dero-
                                                                gations as regards an applicant's right to choose, the
                                                                procedure laid down in Article 15 shall apply.
                          Article 10                                                     Article 10
Without prejudice to Articles 3 to 9, a host Member              unchanged
State may allow the applicant, with a view to improving
his possibilities of adapting to the professional envi-
ronment in that State, to undergo there, on the basis of
equivalence, that part of his professional education and
training represented by a professional practice, acquired
with the assistance of a qualified member of the
profession concerned, which he has not undergone in his
Member State of origin or the Member State from which
he has come.
                          Article 11                                                     Article 11
1.    Where the competent authority of the host Member           unchanged
State requires; of persons wishing to take up a regulated
profession; proof that they are of good character or
repute or that they have not been declared bankrupt, or
suspends or prohibits the pursuit of that profession in the
event of serious professional misconduct or a criminal
offence, that State shall accept as sufficient evidence, in
respect of nationals of Member States wishing to pursue
that profession in its territory, the production of
documents issued by competent authorities in the
Member State of origin or the Member State from which
the foreign national comes showing that those
requirements are met.
 ---pagebreak---  1.9.90                                Official Journal of the European Communities                No C 217/19
                     ORIGINAL PROPOSAL                                            AMENDED PROPOSAL
 Where the competent authorities of the Member State of
 origin or of the Member State from which the foreign
 national comes do not issue the documents referred to in
 the first subparagraph, such documents shall be replaced
 by a declaration on oath — or, in States where there is
 no provisions for declaration on oath, by a solemn
 declaration — made by the person concerned before a
 competent judicial or administrative authority or, where
 appropriate, a notary' or qualified professional body of
 the Member State of origin or the Member State from
 which the person comes; such authority or notary shall
 issue a certificate attesting the authenticity of the
 declaration on oath or solemn declaration.
 2.    Where the competent authority of the host Member
 State requires of nationals of that Member State wishing
to take up or pursue a regulated profession a certificate
of physical or mental health, that authority shall accept
as sufficient evidence in this respect the production of
the document required in the Member State of origin or
the Member State from which the foreign national
comes.
Where the Member State of origin or the Member State
from which the foreign national comes does not impose
any requirements of this nature on those wishing to take
up or pursue the profession in question, the host
Member State shall accept from such nationals a
certificate issued by a competent authority in that State
corresponding to the certificates issued in the host
Member State.
3.    The competent authorities of host Member States
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.
4.    Where the competent authority of the host Member
State requires nationals of that Member State wishing to
take up or pursue a regulated profession to take on oath
or make a solemn declaration and where the form of
such oath or declaration cannot be used by nationals of
other Member States, that authority shall ensure that an
appropriate and equivalent form of oath or declaration is
offered to the person concerned.
                         Article 12                                                  Article 12
1.    The competent authorities of host Member States            unchanged
shall recognize the right of nationals of Member States
who fulfil the conditions for the taking up and pursuit of
a regulated profession in their territory to use the
professional title of the host Member State corre-
sponding to that profession.
 ---pagebreak--- No C 217/20                           Official Journal of the European Communities                1. 9. 90
                      ORIGINAL PROPOSAL                                          AMENDED PROPOSAL
2.    The competent authorities of host Member States
shall recognize the right of nationals of Member States
who fulfil the conditions for the taking up and pursuit of
a regulated profession in the territory to use their lawful
academic title and, where appropriate, the abbreviation
thereof deriving from their Member State of origin or
the Member State from which they come, in the
language of that State. Host Member States may require
this title to be followed by the name and location of the
establishment or examining board which awarded it.
3.    Where a profession is regulated in the host Member
State by an association or organization referred to in
Article 1 (e), nationals of Member States shall be entitled
to use the professional title or designatory letters
conferred by that organization or association only on
proof of membership.
Where       the   association    or organization     makes
membership subject to certain qualification requirements,
it may apply these to nationals of other Member States
who are in possession either of a diploma within the
meaning of Article 1 (a) or a certificate within the
meaning of Article 1 (b) or a formal qualification within
the meaning of Article 3 (b), Article 7 or Article 9 (a)
only in accordance with this Directive, in particular
Articles 3, 4 and 9.
                          Article 13                                                Article 13
1.    The host Member State shall accept as proof that           unchanged
the conditions laid down in Articles 3 to 9 are satisfied,
the certificates and documents issued by the competent
authorities in the Member States, which the person
concerned shall submit in support of his application to
pursue the profession concerned.
2.    The procedure for examining an application to
pursue a regulated profession shall be completed as soon
as possible and the outcome communicated in a reasoned
decision of the competent authority in the host Member
State not later than four months after presentation of all
the documents relating to the person concerned. A
remedy shall be available against this decision or the
absence thereof, before a court or tribunal in accordance
with the provisions of national law.
                          Article 14                                                Article 14
1.    Member States shall designate, within the period          unchanged
provided for in Article 18, the competent authorities
empowered to receive the applications and take the
decisions referred to in this Directive. They shall
communicate this information to the other Member
States and to the Commission.
 ---pagebreak--- 1.9.90                                Official Journal of the European Communities                            No C 217/21
                     ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
                                                                They shall establish the procedures whereby represen-
                                                                tatives of the professions concerned and of the education
                                                                establishments or professional or vocational training
                                                                establishments are involved in the decision making
                                                                process.
2.    The person responsible for coordination appointed         2.     Each Member State shall designate a person
by each Member State in accordance with Article 9 (2)           responsible for coordinating the activities of the auth-
of Directive 89/48/EEC shall also be responsible for            orities referred to in paragraph 1 and shall inform the
promoting uniform application of this Directive to all the      other Member States and the Commission to that effect.
professions concerned.                                          His role shall be to promote uniform application of this
                                                                Directive to all the professions concerned. This coor-
                                                                dinator shall be a member of the coordinating group set
                                                                up under the aegis of the Commission by Article 9 (2) of
                                                                Directive 89/48/EEC.
The coordinating group set up under this same Article of        The coordinating group set up under this same Article of
Directive 89/48/EEC shall also be required:                     Directive 89/48/EEC shall also be required:
— to facilitate the implementation of this Directive,           — to facilitate the implementation of this Directive,
— to collect all useful information for its application in      — to collect all useful information for its application in
    the Member States.                                              the Member States, particularly information relating
                                                                    to the establishment of an indicative list of regulated
                                                                    professions and on the disparities between the qualifi-
                                                                     cations awarded in the Member States with a view to
                                                                     assisting the competent authorities of the Member
                                                                     States in their task of assessing whether substantial
                                                                     differences exist.
The group may be consulted by the Commission on any             unchanged
changes to the existing system that may be contemplated.
3.    The Member States shall take measures to provide          3.     The Member States shall take measures to provide
the necessary information on the recognition of diplomas        the necessary information on the recognition of diplomas
and certificates within the framework of this Directive.        and certificates and on other conditions governing the
They may be assisted in this task by the information            taking up of the regulated professions within the
centre on the academic recognition of diplomas and              framework of this Directive. They may be assisted in this
periods of study established by the Member States within        task by the information centre on the academic recog-
the framework of the resolution of the Council and the          nition of diplomas and periods of study established by
Ministers of Education meeting within the Council of 9          the Member States within the framework of the
February 1976 (') and, where appropriate, the relevant          resolution of the Council and the Ministers of Education
professional    associations    or   organizations.    The      meeting within the Council of 9 February 1976 ('), and,
Commission shall take the necessary initiatives to ensure       where appropriate, the relevant professional associations
the development and coordination of the communication           or organizations. The Commission shall take the
of the necessary information.                                   necessary initiatives to ensure the development and coor-
                                                                dination of the communication of the necessary infor-
                                                                mation.
(') OJ No C 38, 19. 12. 1976, p. 1.
 ---pagebreak--- N o C 217/22                          Official Journal of the European Communities                               1. 9. 90
                      ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
                          Article 15                                                    Article 15
 1.    If, pursuant to the second sentence of the second         1.  If, pursuant to the second sentence of the second
subparagraph of Article 4 (1) (b), or the second sentence       subparagraph of Article 4 (1) (b), or Article 6, or the
of Article 9 (b), a Member State proposes not to grant          second sentence of Article 9 (b), a Member State
applicants the right to choose between an adaptation            proposes not to grant applicants the right to choose
period and an aptitude test in respect of a profession          between an adaptation period and an aptitude test in
within the meaning of this Directive, it shall immediately      respect of a profession within the meaning of this
communicate to the Commission the corresponding draft           Directive, it shall immediately communicate to the
provision. It shall at the same time notify the                 Commission the corresponding draft provision. It shall at
Commission of the grounds which make the enactment              the same time notify the Commission of the grounds
of such a provision necessary.                                  which make the enactment of such a provision necessary.
The Commission shall immediately notify the other               unchanged
Member States of any draft it has received; it may also
consult the coordinating group referred to in Article 14
(2) on the draft.
2.     Without prejudice to the possibility for the
Commission and the other Member States of making
comments 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.
3.     At the request of a Member State or the
Commission, Member States shall communicate to them,
without delay, the definitive text of any provision arising
from the application of this Article.
                          Article 16                                                   Article 16
The Directives listed in Annex B shall also apply to the        unchanged
nationals of Member States who, pursuant to Council
Regulation (EEC) No 1612/68 ('), wish to pursue the
activities covered by these Directives as paid employees.
                          Article 17                                                   Article 17
Following the expiry of the period provided for in              unchanged
Article 18, Member States shall communicate to the
Commission of the system introduced.
In addition to general remarks, this report shall contain a
statistical summary of the decisions taken and a
description of the main problems arising from application
of the Directive.
                          Article 18                                                   Article 18
Member States shall take the measures necessary to              Member States shall take the measures necessary to
comply with this Directive by 1 July 1991 at the latest.        comply with this Directive by 1 July 1992 at the latest.
They shall forthwith inform the Commission thereof.             They shall forthwith inform the Commission thereof.
(') OJ No L 257, 19. 10. 1968, p. 2.
 ---pagebreak--- 1.9.90                                Official Journal of the European Communities                         No C 217/23
                      ORIGINAL PROPOSAL                                            AMENDED PROPOSAL
The provisions adopted pursuant to the first paragraph          unchanged
shall make express reference to this Directive.
Member States shall communicate to the Commission
the texts of the main provisions of national law which
they adopt in the field governed by this Directive.
                          Article 19                                                    Article 19
Five years at the latest following the date specified in        Five years at the latest following the date specified in
Article 18, the Commission shall report to the European         Article 18, the Commission shall report to the European
Parliament and the Council on the state of application of       Parliament, the Council and the Economic and Social
this Directive.                                                 Committee on the state of application of this Directive.
After conducting all necessary consultations, the               unchanged
Commission shall present its conclusions as to any
changes that need to be made to this Directive. At the
same time the Commission shall, where appropriate,
submit proposals for improving the existing rules in the
interest of facilitating freedom of movement, right of
establishment and freedom to provide services.
                          Article 20                                                    Article 20
This Directive is addressed to the Member States.               unchanged
                                             Annexes A and B unchanged