Background information on Community Law
The general system for the recognition of professional qualifications concerns
persons qualified to pursue a given profession in a Member State who wish to
pursue the same profession in another Member State (the host Member State) and
have to obtain recognition of their qualifications in that State in so far as
the profession is regulated there. (If, however, your profession is not
regulated in the host Member State, you do not need to apply for recognition of
your qualifications. You can begin practising in the host Member State, subject
to the same conditions as nationals, i.e. with the same rights and obligations.)
The general system applies to regulated professions, namely professions which
are restricted, in the host Member State, to persons holding certain
qualifications (such as lawyers, accountants, teachers and physiotherapists).
However, this system does not apply to regulated professions which are already
covered by another system for the recognition of qualifications (doctors,
dentists, veterinary surgeons, nurses, midwives, pharmacists and architects),
nor does it apply to the craft, industrial or commercial activities covered by
the transitional directives.
The general system applies to you if: you are a national of a Member State, you
are fully qualified to practise a given profession in Member State A, you wish
to practise the same profession in Member State B, and this profession is
regulated in Member State B and is not covered by another system of recognition.
Recognition mechanism: Recognition concerns the diploma, certificate,
qualification or set of qualifications awarded in a Member State on completion
of comprehensive professional education and training, i.e. those which permit
you to practise the profession in question in that Member State. In principle,
your diploma, certificate or qualifications should be recognized as they stand.
However, the general system does not provide for automatic recognition of
qualifications. You must send an application for recognition to the competent
authority in the host Member State, which will consider your application
individually. It will examine
(i) whether the regulated profession that you wish
to practise in the host Member State is the same as that for which you are fully
qualified, and
(ii) whether the training you have undergone is significantly
different in terms of either length or content to that required in the host
Member State.
If the professions are the same and the training undergone
basically similar, the competent authority must recognize your qualifications as
they stand. If, however, it finds that there are significant differences between
the professions or in terms of length or content of training, it may decide to
impose an additional requirement.
Additional requirements:
In the event of differences in the length of training
of one year or more, the competent authority in the host Member State may
require evidence of professional experience (varying from one to four years). In
the event of significant differences between professions or in the content of
training, it may require you to undergo an adaptation period or an aptitude test
(you will normally be free to choose). Only one such requirement can be imposed.
The competent authority must also take into account, where appropriate, any
professional experience acquired in another Member State, in which case the
additional requirement may be adjusted accordingly or dropped altogether.
Specific cases:
- If the profession for which you are applying to have your
qualifications recognized is not regulated in the Member State in which they
were awarded, the competent authority in the host Member State may require
evidence of two years' professional experience.
- If you obtained your qualifications in a third country, if they have already
been recognized in a Member State and if you have practised the profession in
question in that Member State for either two or three years, as appropriate,
your qualifications may be recognized in the host Member State.
Deadlines:
The competent authority has four months in which to process your
application and take a decision: either it recognizes your qualifications as
they stand, or it makes recognition subject to an additional requirement, or it
rejects your application. If an application is rejected or an additional
requirement imposed, the authority must state the reasons for its decision. You
have the right of appeal before a court or tribunal. If no decision is
forthcoming within four months, you may appeal using the procedures in force in
the host Member State for failure to meet the deadline provided for in Article 8
of Council Directive 89/48/EEC or Article 12 of Council Directive 92/51/EEC. The
Community institutions are not empowered to revoke an administrative decision
taken by national authorities on your case. Only the competent national bodies
can revoke a decision to reject your application for recognition. Judgments of
the EC Court of Justice merely find that Member States have failed to implement
Community law correctly or that national legislation is incompatible with
Community law. It is for the authorities of the State concerned to amend
individual decisions resulting from practice or legislation which the Court has
found incompatible with Community law.
Reference documents:
- Directive 89/48/EEC of 21 December 1988;
- Directive
92/51/EEC of 18 June 1992;
- Directive 94/38/EC of 26 July 1994;
- Directive
95/43/EC of 20 July 1995;
- Guide for users of the general system for the
recognition of professional qualifications.
II. Formalities in France
How to proceed:
Applications for recognition must be sent to the competent
authority in France. The contact point (see Section III for address) can put you
in touch with the appropriate authority.
Supporting documents:
Contact the competent authority for a full list of the
documents required. The following are usually required:
- a document proving your
civil status and nationality;
- a certified photocopy of the diploma(s),
certificates or other evidence of formal qualification allowing you to practise
the profession in question in a Member State;
- and the programme of training
leading to this qualification.
If the profession is not regulated in that Member
State, you will also have to provide proof that you have practised for at least
two of the previous ten years.
Translations and charges:
Documents which are not drafted in French have to be
translated into that language, usually by an approved translator.
National rules:
These are published in the French Official Journal. There are
many national rules, which vary from one profession to another. Contact the
competent authorities in France for the rules governing the profession of
interest to you. In the case of regulated professions for which Factsheets have
been published (lawyers, etc.), see those Factsheets for details of the main
rules applicable.
III. Useful addresses in France
Contact points:
Ministère de l'éducation nationale, de l'enseignement supérieur et de la
recherche (Ministry of Education, Higher Education and Research)
- for school diplomas and matters concerning the application of Directive
92/51/EEC:
Bureau de l'information sur les systèmes éducatifs et de la
reconnaissance des diplômes (DRIC A2)
110 rue de Grenelle, F - 75 007 Paris
Tel: +33.01.40.65.65.90
- for higher-education diplomas and matters concerning the application of
Directive 89/48/EEC:
Département des affaires internationales de l'enseignement
supérieur (DRIC B1)
61-65 Rue Dutot, F - 75 015 Paris
Tel. No: +33.01.40.65.66.19
Via minitel : Code 3615CEE
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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