No L 17/38 Official Journal of the European Communities 21. 1. 97 COMMISSION DECISION of 9 January 1997 on a request from France for a derogation under Article 14 of Council Directive 92/51/EEC (Only the French text is authentic) (Text with EEA relevance) (97/42/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC('), and in particular Article 14 thereof, After receiving, on 19 June 1996, a request from France for a derogation under Article 14 of Directive 92/51/EEC with regard to the supervision of certain sporting activ- ities, After consulting, on 8 July 1996, the national coordi- nators for Directive 92/51/EEC, After sending a letter seeking further information from France on 12 September 1996, After receiving a reply to that letter on 17 October 1996, Whereas: I. GENERAL FRAMEWORK 1. Directive 92/51/EEC introduced a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (3 (which had introduced a general system for the recog- nition of higher education diplomas awarded on completion of professional education and training of at the last three years’ duration). Directive 92/51/EEC deals with diplomas of a different level to those covered by Directive 89/48/EEC. 2. Directive 92/51/EEC is based on the principle of mutual trust. This means that where, in a host Member State, the taking up or pursuit of a profession is subject to possession of a diploma, certificate or attestation of competence, the competent authority may not, on the grounds of inadequate qualifications, refuse to au- thorize a national of a Member State to take up or pursue that profession under the same conditions as those which apply to its own nationals, if the applicant has, in another Member State, been awarded the o L 209, 24. 7. 1992, p. 25. o L 19, 24. 1. 1989, p. 16. diploma required there in order to take up or pursue the same profession. 3. However, in certain cases provided for by Directive 92/51/EEC, this rule does not prevent the host Member State from requiring the applicant to undergo an adaptation period or take an aptitude test, the conditions of which are laid down in Articles 4, 5 and 7 of Directive 92/51/EEC. Should the host Member State make use of this possibility, it must allow the applicant to choose between an adaptation period and an aptitude test. II. ARTICLE 14 OF DIRECTIVE 92/51/EEC Article 14 of Directive 92/51/EEC states the following: ‘l.  If, pursuant to the second sentence of the second subparagraph of Article 4 (1) (b), the third subparagraph of Article 5, or the second sentence of the second subparagraph of Article 7 (a), a Member State proposes not to grant applicants the right to choose between an adaptation period and an aptitude test, it shall immediately communicate to the Commission the corresponding draft provision. It shall at the same time notify the Commission of the grounds which make the enactment of such a provi- sion necessary. The Commission shall immediately notify the other Member States of any draft which it has received; it may also consult the coordinating group referred to in Article 13 (2) on the draft. 2.  Without prejudice to the possibility for the Commission and the other Member States to make 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 provi- sion arising from the application of this Article’ III. THE FRENCH REQUEST 1. By memorandum dated 17 June 1996, which the Commission received on 19 June 1996, France requested a derogation under Article 14 of Directive 92/51/EEC with regard to the supervision of certain sporting activities. The French authorities submitted a