In the Council directive in force [89/49/EEC of 21/12/1988] it is stated that in particular " shall constitute a mode of pursuit of a regulated professional activity : pursuit of an activity under a professional title, in so far as the use of such a title is reserved to the holders of a diploma governed by laws, regulations or administrative provisions "". In fact this statement is not respected in some countries.

According to the recent proposal of the European Commission [COM(2002)119 final], in a country a regulated profession means " a professional activity (or group of professional activities) access to which, the practise of which, or one of the modes of pursuit is subject (directly or indirectly) to legislative, regulatory or administrative provisions concerning possession of specific professional qualifications".

In addition a profession is often regulated in some European countries and not regulated in some others. For example engineers are regulated in Portugal, Spain, Italy, UK, but are not regulated in Belgium, France, Germany and in Nordic countries.

The majority of professional and managerial staff (P&MS) in Europe are working in professions seen as non-regulated, but important groups of P&MS are working in regulated professions as employee or as self-employed.