The Directive was agreed by the Council of Ministers in December 1988 and Member States should have implemented it by 4 January 1991. It will enable a professional from one Member State to become a member of the equivalent profession in another Member State 'without' having to re-qualify herself/himself.
It does so by introducing the principle of mutual recognition; in other words a fully qualified professional in one Member State is deemed to be fully qualified in another, subject to two safeguards designed to maintain professional standards.
The second safeguard takes effect where there is a substantial difference in the content of education and training in a given profession between two EC states. This applies even where the length of the two professional training courses is the same. There are two main reasons why the content of a course might differ substantially. Firstly, the actual boundaries of a profession may vary between Member States. Secondly, the boundaries of a profession may be the same but there may be individual subjects which are specific to one Member State and which are essential in order to operate as a fully qualified professional in that state.
In the above situations, incoming professionals may be required to undergo a test or period of supervised practice designed to ensure that they have acquired the extra knowledge needed to be a fully effective professional in the field concerned. It comprises either an examination -- known as the 'aptitude test' - or a period of assessed supervised practice -- known as the 'adaptation period', not exceeding three years, in the country concerned. It is for the incoming professional to choose between the two. The test must not be too difficult and the adaptation period must not be too long.
In some cases an experienced professional who is already familiar with professional requirements in the country to which he or she is applying may choose to take the test. In other cases, a less experienced professional may choose instead to undergo a period of supervised practice with a fully qualified professional from the country concerned in order to adapt to local conditions.
The Directive provides an exception in which the Member State may specify either an aptitude test or an adaptation period for those professions which require a precise knowledge of national law and involve providing advice on national law as a constant and essential aspect of the professional activity.
Once the Directive is in force, all professionals whose qualifications fall within its scope will have a right to have their qualifications recognized in another Member State. To do so, they should first consult the list of 'competent authorities' - bodies responsible for receiving applications to practice in the relevant Member States. Application will be made along with his or her qualifications and the authority will either
- accept the application and grant recognition to the professional concerned, including the right to use the appropriate title or designatory letters;
- require the professional to produce evidence of further professional experience;
- require the professional to take an aptitude test or undergo a period of supervised practice;
- reject the application.
To take advantage of these opportunities, members of the professions will need to be prepared. Languages are an obvious area for attention. English is widely spoken and understood within the community but knowledge of languages in other Member States will be essential for practicing there. Knowledge of the relevant language will be a significant part of the professional's overall marketability.
