Council Directive of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (85/384/EEC) (repealed)

CHAPTER II U.K. DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS ENABLING THE HOLDER TO TAKE UP ACTIVITIES IN THE FIELD OF ARCHITECTURE UNDER THE PROFESSIONAL TITLE OF ARCHITECT

Article 2 U.K.

Each Member State shall recognize the diplomas, certificates and other evidence of formal qualifications acquired as a result of education and training fulfilling the requirements of Articles 3 and 4 and awarded to nationals of Member States by other Member States, by giving such diplomas, certificates and other evidence of formal qualifications, as regards the right to take up activities referred to in Article l and pursue them under the professional title of architect pursuant to Article 23 (1), the same effect in its territory as those awarded by the Member State itself.

Article 3 U.K.

Education and training leading to diplomas, certificates and other evidence of formal qualifications referred to in Article 2 shall be provided through courses of studies at university level concerned principally with architecture. Such studies shall be balanced between the theoretical and practical aspects of architectural training and shall ensure the acquisition of:

1.

an ability to create architectural designs that satisfy both aesthetic and technical requirements,

2.

an adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences,

3.

a knowledge of the fine arts as an influence on the quality of architectural design,

4.

an adequate knowledge of urban design, planning and the skills involved in the planning process,

5.

an understanding of the relationship between people and buildings, and between buildings and their environment, and of the need to relate buildings and the spaces between them to human needs and scale,

6.

an understanding of the profession of architecture and the role of the architect in society, in particular in preparing briefs that take account of social factors,

7.

an understanding of the methods of investigation and preparation of the brief for a design project,

8.

an understanding of the structural design, constructional and engineering problems associated with building design,

9.

an adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against the climate,

10.

the necessary design skills to meet building users' requirements within the constraints imposed by cost factors and building regulations,

11.

an adequate knowledge of the industries, organizations, regulations and procedures involved in translating design concepts into buildings and integrating plans into overall planning.

Article 4 U.K.

1. The education and training referred to in Article 2 must satisfy the requirements defined in Article 3 and also the following conditions:

(a) the total length of education and training shall consist of a minimum of either four years of full time studies at a university or comparable educational establishment, or at least six years of study at a university or comparable educational establishment of which at least three must be full time;

(b) such education and training shall be concluded by successful completion of an examination of degree standard.

Notwithstanding the first subparagraph, recognition under Article 2 shall also be accorded to the training given over three years in the ‘Fachhochschulen’ in the Federal Republic of Germany in the form in which it exists at the time of notification of this Directive and in so far as it satisfies the requirements laid down in Article 3, giving access to the activities referred to in Article l in that Member State with the professional title of architect, provided that such training is supplemented by a four-year period of professional experience in the Federal Republic of Germany sanctioned by a certificate issued by the professional body on whose list the architect wishing to benefit from the provisions of this Directive is registered. The body shall previously have established that the work carried out by the architect concerned in the field of architecture constitutes conclusive proof of the practical application of all the knowledge referred to in Article 3. The certificate shall be issued according to the same procedure as that which applies to registration on the list of architects.

On the basis of the experience gained and bearing in mind developments in architectural training, the Commission shall, eight years after the end of the period specified in the first subparagraph of Article 31 (1), submit a report to the Council on the application of this derogation and the appropriate proposals on which the Council shall decide in accordance with the procedures laid down by the Treaty within a period of six months.

2. Recognition under Article 2 shall also be accorded to education and training which, as part of a social betterment scheme or a part-time university course, conforms to the requirements of Article 3 and leads to an examination in architecture successfully completed by persons who have been employed in architecture for not less than seven years under the supervision of an architect or firm of architects. This examination must be of degree standard and be equivalent to the final examination referred to in paragraph 1 (b).

Article 5 U.K.

1. Nationals of a Member State authorized to hold the professional title of architect pursuant to a law giving the competent authority of a Member State the possibility of conferring this title on nationals of Member States who have particularly distinguished themselves by their achievements in the field of architecture shall be considered as meeting the requirements laid down for the pursuit of architectural activities under the professional title of architect

2. In the case of those persons referred to in paragraph 1, a certificate issued by the Member State of which the holder is a national, or from which he comes, shall constitute proof of the status of architect.

F1 . U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Deleted by Council Directive of 4 December 1990 (90/658/EEC).

[F2 Article 6 U.K.

Member States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation.

Textual Amendments

F2 Inserted by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (Text with EEA relevance).

Article 6a U.K.

Where the application is rejected, Member States shall duly give the reasons for decisions on applications for recognition of diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive.

Applicants shall have a right of appeal before the courts under national law. That right of appeal shall likewise apply in the event of failure to reach a decision within the stipulated period.]

Textual Amendments

F2 Inserted by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (Text with EEA relevance).

Article 7 U.K.

1. Each Member State shall communicate as soon as possible, simultaneously to the other Member States and to the Commission, the list of diplomas, certificates and other evidence of formal qualifications which are awarded within its territory and which meet the criteria laid down in Articles 3 and 4, together with the establishments and authorities awarding them.

The first list shale be sent within 12 months of notification of this Directive.

Each Member State shall likewise communicate any amendments made as regards the diplomas, certificates and other evidence of formal qualifications which are awarded within its territory, in particular those which no longer meet the requirements of Articles 3 and 4.

2. For information purposes, the lists and the updating thereof shall be published by the Commission in the Official Journal of the European Communities after expiry of a three-month period following their communication. However, in the cases referred to in Article 8, the publication of a diploma, certificate or other evidence of formal qualifications shall be deferred. Consolidated lists shall be published periodically by the Commission.

Article 8 U.K.

If a Member State or the Commission has doubts as to whether a diploma, certificate or other evidence of formal qualifications meets the criteria laid down in Articles 3 and 4, the Commission shall bring the matter before the Advisory Committee on Education and Training in the Field of Architecture within three months of communication pursuant to Article 7 (1). The Committee shall deliver its opinion within three months.

The diploma, certificate or other evidence of formal qualifications shall be published within the three months following delivery of the opinion or expiry of the deadline for delivery thereof except in the following two cases:

• where the awarding Member State amends the communication made pursuant to Article 7 (1)

or

• where a Member State or the Commission implements Articles 169 or 170 of the Treaty with a view to bringing the matter before the Court of Justice of the European Communities.

Article 9 U.K.

1. The Advisory Committee may be consulted by a Member State or the Commission whenever a Member State or the Commission has doubts as to whether a diploma, certificate or other evidence of formal qualifications included on one of the lists published in the Official journal of the European Communities still meets the requirements of Articles 3 and 4. The Committee shale deliver its opinion within three months.

2. The Commission shall withdraw a diploma from one of the lists published in the Official Journal of the European Communities either in agreement with the Member State concerned or following a ruling by the Court of Justice.