The Gazette 1989

SEPTEMBER

1989

GAZETTE

Recognition of Higher Education Qualifications (Diplomas) The following is the text of the Europen Information Leaflet No. 3 and is reprinted here with the kind permission of the Department of the Taoiseach. Introduction

objectives are to promote and maintain high standards in the corresponding professional field. These associations or organi- sations must be those which: - award a diploma to its members; - ensure that its members respect the rules of professional conduct which it prescribes; - confer on them the right to use a title or designatory letters, or to benefit from a status corres- ponding to that Diploma. In Ireland and the United Kingdom, this provision relates to organisa- tions such as chartered bodies and institutions such as the Institute of Chartered Accountants in Ireland and The I ns t i t u te of Public Administration. Professions Professions which are not regu- lated in any Member State are not covered by the Directive. If some- one with a professional qualifica- tion comes to a Member State where that profession is not regulated, whether they come from a Member State which regulates the profession or not, then the Directive is not applicable. How- ever, if a person goes to a Member State which regulates the pro- fession even if the profession is not regulated in the Member State he or she comes from, then that person's qualifications must be examined and recognised under the terms of the Directive. New Provisions The Directive differs from earlier "sectoral" Directives in several important aspects, apart from its general character. Firstly, recognition is to be based on mutual trust without the need for prior co-ordination of the education and training systems of the professions in question. Secondly, r ecogn i t i on is accorded to the " f i n i s hed

whereby Member States would mutually recognise qualifications required to practise regulated pro- fessions. The Directive was agreed in principle by the Council of Ministers towards the end of June 1988 and was formally adopted on 21st December, 1988. Member States will have two years after its adoption to implement it. Scope of the Generel Directive The Directive does not apply to pro- fessions which are subject to separate sectoral Directives such as those men t i oned in t he introduction. The Directive provides for the general recognition in the Com- munity of the qualifications re- quired to exercise what are referred to in the Directive as professions which are regulated in a Member State. A regulated profession or re- gulated professional activity means a profession or activity the taking up or pursuit of which is made subject, by virtue of laws, regula- tions or administrative provisions, to having a qualification obtained after a period of higher education and professional training of at least three years duration. The education and training to obtain the qualifi- cation must have been received wholly or mainly in the European Community. Otherwise the holder of the qualification in question must have had three years pro- fessional experience certified by a Member State where a qualifica- tion obtained outside the Com- munity is recognised. Professional activities which are reserved to holders of a diploma recognised by the Directive are also included as are those professional activities relating to health. Associations The Directive also recognises as a regulated activity any activity carried on by members of an association or organisation author- ised by a Member State and whose

Freedom of movement throughout the Member States and the right to set up in business anywhere in the Community are fundamental rights guaranteed to citizens of the European Community under the Treaty of Rome. However, all Member States require specific qualifications before people are allowed to exercise certain pro- fessional ac t i v i t i es in their countries. These qualifications are ordinarily awarded by national or professional authorities or by a higher education institution within the Member States. Permission to carry on these professional activ- ities by non-nationals is usually on the basis of the possession of an equivalent qualification obtained elsewhere. At present, therefore, a person qualified to practise a particular profession in one Member State (very often their own) may have to obtain additional qualifications before being in a position to exercise that profession in another Member State. Some Directives have already been adopted to make it easier for certain professions to practise else- where in the Community. This has been done by agreeing detailed regulations to harmonise training and other requirements for specific professional activities. Directives already in force cover doctors, nurses, dentists, veterinary sur- geons, midwives, architects, phar- macists and general practitioners. Change in Approach These specific sectoral Directives proved difficult to agree and it was felt that a new way had to be found to facilitate the free movement of those holding professional qualifi- cations. In 1985, the Commission proposed a new approach in this area through a Directive on a General System for the Recognition of Higher Education Qualifications (called 'Diplomas' in the Directive). The aim was to establish a system

279