A4-0029/97

Resolution on the Commission report to the European Parliament and the Council on the state of application of the general system for the recognition of higher education diplomas (made in accordance with Article 13 of Directive 89/48/EEC)(COM(96)0046 - C4-0194/96)

The European Parliament,

- having regard to the Commission report to the European Parliament and the Council, COM(96)0046 - C4-0194/96,

- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on Culture, Youth, Education and the Media (A4-0029/97),

A. whereas Directive 89/48/EEC ((OJ L 19, 24.1.1989, p. 16.)) is the first instrument intended to establish, on the basis of a horizontal approach, a general system for the recognition of higher education diplomas with a view to facilitating the freedom of movement and establishment and the freedom to provide services of the Community citizens concerned,

B. whereas the general system has been supplemented by Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training ((OJ L 209, 24.7.1992, p. 25.)), and whereas the Commission is proposing a further modification, by means of its proposal for a directive instituting a mechanism for the recognition of professional activities covered by the liberalizing directives, introducing transitional measures and 'fine-tuning' the general system ((OJ C 115, 19.4.1996, p. 16.)),

C. whereas the Commission's report is invaluable for those wishing to follow the evolution of the practical application of the general system for the recognition of diplomas and understand the problems it raises,

D. having regard to the number of petitions - more than 100 - tabled since the Directive came into force, i.e. 5 years from 4 January 1991 (See Article 12 of Directive 89/48/EEC),

1. Welcomes the quality of the Commission's report, whose essential merit lies in its setting out of the main problems of implementation of Directive 89/48/EEC, while stressing the specific cases of certain professions raising particular questions of a certain complexity; appreciates, furthermore, its endeavours to propose solutions with a view to improving the operation of the general system, some of which will later form the basis of amendments to Directive 89/48/EEC;

2. Recognizes that significant progress has been made in the past seven years in achieving mutual recognition of academic and professional qualifications between the Member States, thus steadily increasing the opportunities for EU citizens who wish to do so to use the qualifications and professional experience they have gained in one country in order to practise their profession in other Member States; calls therefore on the Commission to continue its task of persuading the Member States and their universities and professional organizations to remove any remaining legal or practical obstacles to full mutual recognition;

3. Welcomes, in particular, the Commission's adoption of the solutions arising from Court of Justice case-law, notably the Vlassopoulou judgment of 7 May 1991 ((Case C-340/89, ECJ Reports 1991, p. I-2357.)); considers that the Court's reasoning in that case represents a considerable advance for the entire problem of the recognition of diplomas, since its scope includes professions not covered by the general system and those not covered by the 'sectoral' systems;

4. Draws the Commission's attention to the difficulties resulting from the absence of an accurate definition of the level of higher education and hopes that this question will be considered in greater depth;

5. Reiterates its attachment to the principle of mutual confidence, as embodied in Article 3 of Directive 89/48/EEC; stresses, however, that this principle can be seriously jeopardized by the ill-considered or, indeed, abusive recourse by national authorities to the compensation mechanisms provided for in Article 4 of the Directive, whose application is not always justifiable;

6. Calls, in this connection, for greater vigilance from the Commission when examining complaints from Community citizens; expresses its conviction that the effective operation of the general system for the recognition of higher education diplomas existing under Directive 89/48/EEC must rest primarily on a reasonable balance between its Articles 3 and 4 and in the search for simpler and more flexible solutions;

7. Is particularly pleased that in its report the Commission defends the view that Article 3 of Directive 89/48/EEC is sufficiently clear, precise and unconditional to give rise to direct effect and points out that the Court of First Instance also confirmed in the Panayotopoulou judgment (Case T-16/90) of 11 February 1992 the direct effect of this article;

8. Is concerned to note, like the Commission, that migrants are unaware of the mechanics of the general system; calls for a closer dialogue between the national authorities and the Commission, a genuine system of providing appropriate information and greater transparency at all levels;

9. Calls nevertheless on the Council and Commission, in this context and having regard to the number of petitions tabled, to step up their efforts to incorporate in the Directive the obligation to take account of professional experience acquired after the diploma is obtained, in order to ensure more satisfactorily the exercise of the freedoms of establishment and of movement;

10. Welcomes, in this context, the function of the national coordinators - whose appointment is provided for in Article 9 of Directive 89/48/EEC - and endorses the Commission's initiatives aimed at strengthening their role;

11. Is aware, on the other hand, that the Directive applies only to Community nationals; considers, nonetheless, that its provisions on education and training partially acquired in third countries are contradictory; considers that the persistence of this contradiction is preventing any solution to a problem which is taking on worrying dimensions in some Member States;

12. Notes the Commission's intention not to propose any substantial changes to Directive 89/48/EEC, but invites it to submit to Parliament as soon as possible limited amendments, particularly to Article 4, to improve the present system;

13. Notes with interest the Commission's undertaking to submit a review of Directive 92/51/EEC by 1999, which will enable it to re-examine the workings of the general system as a whole; reserves the right, nonetheless, to make regular checks between now and then on the Commission's work, via the usual channels of parliamentary scrutiny;

14. Notes that the numerus clausus rule in force in certain Member States of the Union may, with the development of Community mobility, eventually pose a problem; calls on the Commission to undertake a study of this aspect;

15. Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.