WRITTEN QUESTION E-0140/00

by Theresa Zabell (PPE-DE) to the Commission

(31 January 2000)

Subject: Diplomas relating to water sports and insurance

In view of the great Europe-wide interest on the part of the public in water sports and recreation generally, especially in the case of users of vessels dedicated to sporting purposes, and given the absence of physical maritime boundaries,

The Commission:

1. Can it state whether it intends to work towards common rules for the standardisation of diplomas throughout the EU?

2. Can it provide information on the existing requirements in the Member States for the handling of vessels used for sporting or recreational purposes?

3. Can it provide information on the various diplomas existing in the Member States (characteristics, subjects examined and examination fees)?

4. Can it provide information on the various provisions concerning compulsory civil liability insurance?

Answer given by Mr Bolkestein on behalf of the Commission

(24 March 2000)

1. The Commission only steps in to harmonise qualifications and draft specific directives when three conditions are met: a high level of consensus among the representative professional associations, support from a large majority of Member State authorities and certainty that such an initiative will significantly add value, in terms of the free movement of self-employed and employed workers, to the existing recognition system (the general system for the recognition of diplomas established by the directives listed below(1)(2)). In the present circumstances, the Commission is not aware of any problems of free movement in the area of water sports. It therefore does not intend to draw up rules to standardise diplomas in this area of activity.

2. The Commission has no information on this matter. This information can, however, be obtained from Member State authorities.

3. The Commission has no information on this matter. This information can, however, be obtained from the national contact points for the directives on the mutual recognition of professional qualifications. The Commission is sending the list of these contact points to the Honourable Member and to the Parliament's Secretariat.

4. The Commission would like to draw the Honourable Member's attention to the fact that each Member State is solely responsible for determining the risks for which it is obligatory to take out insurance. The only exception to this rule is the case of car insurance, where European regulations make it obligatory to take out cover for civil liability, or third-party insurance, throughout the Community.

It may be of interest to the Honourable Member to know that this insurance is covered by Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive)(3) (Class 12: civil liability (C.L.), maritime, lake and river vehicles). This Directive introduced a single authorisation system, under which insurance companies have to apply to the authorities of their home Member State for authorisation. This allows insurance companies to operate throughout the Community, either under the right of establishment or the freedom to provide services. The sole purpose of introducing this system (Articles 4 and 5 of this Directive) is to guarantee increased competition in national markets so that consumers can choose the insurance product that best suits them and the insurer they prefer, independently of their Member State of origin.

(1) Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, OJ L 19, 4.1.1989.

(2) 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, OJ L 209, 24.7.1992.

(3) OJ L 228, 11.8.1992.