EN Official Journal of the European Union CE 88/229

(2004/C 88 E/0233)

WRITTEN QUESTION E-0808/04

by Erik Meijer (GUE/NGL) to the Commission

(15 March 2004)

Subject: Guarantees, with a view to enjoying equal rights, for persons who have suffered discrimination or neglect in the appraisal of qualifications obtained in other Member States

1. Given the circumstances described in my questions concerning the invalidity of a civil aviation pilot's licence if use is made of it in another Member State or after revision of the rules governing Air Transport Pilot Licences, what is the EU doing to ensure that qualifications obtained in one Member State are recognised with a view to being able to engage in the same occupation in another?

2. Given the circumstances referred to in question 1, what is the EU doing to ensure that, where rules are subsequently amended, there is no discrimination between EU citizens whatever, e.g. because replacement documents are issued later or different documents are issued, on the basis of Member State of nationality, Member State of residence, Member State of education or Member State of employment?

3. What possible avenues are open at present to individuals with qualifications regarded as insufficiently equivalent, and subsequently made subject to revised requirements, to continue to be licensed, or regain their licence, to engage in their previous occupation?

4. What is being done to prevent individuals concerned from only being able to secure their right to equality by bringing legal actions, which, typically, are protracted and costly with an uncertain outcome?

5. If the avenues referred to in question 3 do not yet exist to a sufficient extent, what changes ought to take place in the opinion of the Commission? Is it taking the necessary initiatives to that end?

Answer given by Mrs de Palacio on behalf of the Commission

(30 April 2004)

Directive 91/670/EEC (1) leaves the form of acceptance of foreign licences to the discretion of the Member States. In addition, given the diversity of national rules and regulations in this connection, pilots may apply for their licences to be accepted in each of the countries where they wish to operate.

Directive 91/670/EEC is specifically intended to encourage compliance with the obligations arising from the EC Treaty and ensure the mobility of cockpit personnel within the Community.

The Commission is responsible for monitoring compliance with the provisions of the EC Treaty and secondary legislation. Where appropriate, it will examine any specific cases that the Honourable Member might wish to refer to it.

In the event of an infringement of Community law, individuals have at their disposal the legal remedies in existence in the Member State presumed to be at fault, and may submit a complaint to the Commission.

In the next few months the Commission will be submitting a proposal for a regulation aimed at extending the scope of European Parliament and Council Regulation 1592/2002 of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (2) to include flight crew licensing. As a result, cockpit personnel licences would be issued on common bases and would be automatically recognised within the Community. Adoption of this Regulation would resolve the difficulties reported by the Honourable Member.

(1) Council Directive 91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation, OJ L 373, 31.12.1991.

(2) OJ L 240, 7.9.2002.