# CE2004084EN.01045601.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/456 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/456

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(2004/C 84 E/0531)

WRITTEN QUESTION E-0160/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(29 January 2003)

Subject:   Delayed recognition of diplomas owing to technicalities

Subject:

A civil engineer with a diploma from a UK university applied to the Greek centre for the recognition of foreign qualifications (Dikatsa) for recognition of his degree. Dikatsa approved the application on condition that the person concerned passed examinations in three subjects at a Greek polytechnic. After applying to take the examinations, he was informed that he could do so in 3-4 years' time! The explanation he was given for this situation was that only 20 people a year were examined. In the meantime, he has no other option but to work in a civil engineering firm under colleagues with equivalent qualifications and the same experience but higher salaries!

Do not such practices (which are obviously approved or tolerated by the Greek Ministry of Education) seriously undermine Community legislation on the recognition of diplomas in the EU and the principle of non-discrimination, and for purely administrative reasons? Will the Commission ask the Greek authorities to put an end to these delays in recognising degrees awarded by other Member States, which are caused purely by technicalities?

Answer given by Mr Bolkestein on behalf of the Commission

(7 March 2003)

(7 March 2003)

The honourable Member's question prompts the following comments:

| — | First of all, a distinction must be made between recognition for academic and professional purposes. |
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First of all, a distinction must be made between recognition for academic and professional purposes.

| — | With regard to the former type of recognition, the general aim is to allow those to whom it applies to continue their studies in another Member State or to make use of their academic qualification in that country. It should be pointed out that in accordance with the EC Treaty each Member State is responsible for the content of its teaching and the organisation of its own education system and that there are no Community provisions requiring the academic recognition of qualifications, provided that there is compliance with the principle of non-discrimination. |
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With regard to the former type of recognition, the general aim is to allow those to whom it applies to continue their studies in another Member State or to make use of their academic qualification in that country. It should be pointed out that in accordance with the EC Treaty each Member State is responsible for the content of its teaching and the organisation of its own education system and that there are no Community provisions requiring the academic recognition of qualifications, provided that there is compliance with the principle of non-discrimination.

| — | Recognition for professional purposes, however, is intended to permit those to whom it applies to exercise a regulated professional activity in a Member State other than that in which they have acquired their professional qualifications. This type of recognition is governed by Community law and, with specific reference to engineering qualifications, by Directive 89/48/EEC. In accordance with this directive, a person who does not possess a required national qualification cannot in principle be refused access, by the authorities of the host Member State, to a given profession on the territory of that Member State nor denied the right to exercise the profession, provided that in his Member State of origin he possesses the qualification which is required to access the same profession or which prepares him to exercise the profession. However, where there are substantial differences between the training acquired by the applicant and that required in the host Member State, the applicant may be required to undergo an adaptation period or to take an aptitude test in order to bridge the gap. |
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Recognition for professional purposes, however, is intended to permit those to whom it applies to exercise a regulated professional activity in a Member State other than that in which they have acquired their professional qualifications. This type of recognition is governed by Community law and, with specific reference to engineering qualifications, by Directive 89/48/EEC. In accordance with this directive, a person who does not possess a required national qualification cannot in principle be refused access, by the authorities of the host Member State, to a given profession on the territory of that Member State nor denied the right to exercise the profession, provided that in his Member State of origin he possesses the qualification which is required to access the same profession or which prepares him to exercise the profession. However, where there are substantial differences between the training acquired by the applicant and that required in the host Member State, the applicant may be required to undergo an adaptation period or to take an aptitude test in order to bridge the gap.

| — | It should also be pointed out that the Commission has received several complaints about the improper application of Directive 89/48/EEC, in addition to certain aspects with regard to the incorrect transposition of the directive. The difficulties in applying the directive concern primarily the requirement of an academic qualification for enrolment in the Greek Technical Chamber and for appointment to posts in the civil service, and this has also affected people who have already obtained professional recognition of their qualifications in accordance with Directive 89/48/EEC. The fact is that such professional recognition must permit those to whom it applies to exercise the profession for which they are qualified under the same conditions as those who have gained their professional qualifications in Greece. Since Directive 89/48/EEC has to a considerable extent been rendered ineffective in Greece, the Commission decided at its meeting on 17 December 2002 to bring before the Court of Justice an action for non-compliance against Greece in connection with the improper transposition and application of Directive 89/48/EEC. |
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It should also be pointed out that the Commission has received several complaints about the improper application of Directive 89/48/EEC, in addition to certain aspects with regard to the incorrect transposition of the directive. The difficulties in applying the directive concern primarily the requirement of an academic qualification for enrolment in the Greek Technical Chamber and for appointment to posts in the civil service, and this has also affected people who have already obtained professional recognition of their qualifications in accordance with Directive 89/48/EEC. The fact is that such professional recognition must permit those to whom it applies to exercise the profession for which they are qualified under the same conditions as those who have gained their professional qualifications in Greece. Since Directive 89/48/EEC has to a considerable extent been rendered ineffective in Greece, the Commission decided at its meeting on 17 December 2002 to bring before the Court of Justice an action for non-compliance against Greece in connection with the improper transposition and application of Directive 89/48/EEC.

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