WRITTEN QUESTION E-1566/98

by Marie-Thérèse Mutin (PSE) to the Commission

(20 May 1998)

Subject: Recognition of the training and status of French psychiatric nurses

In order to comply with the European directives, the decision (Decree of 30 March 1992) to merge the training of state registered nurses and psychiatric nurses led to the abolition of the psychiatric nursing qualification, which has not been issued since 1995, and a change to the conditions under which a holders of psychiatric nursing qualifications can obtain a state nursing qualification (DEI). The order of 26 October 1994 provided that psychiatric nurses should be awarded the DEI and should only be required to take a training course if they changed to a job involving "general care", to use the European terminology. On 30 December 1996 an order of the Conseil d'Etat overruled this provision on the grounds that it failed to take account of the objectives of the European Directive of 27 June 1997 making the issuing of the DEI subject to conditions regarding training, which the Commission considered had not been met.

The French Government sought to make contact with the Commission to find a solution which would reconcile compliance with Community law on the one hand and the legitimate interests of psychiatric nurses on the other.

Could the Commission tell me what stage the negotiations with the French Government have reached, and what solutions the Commission proposes in order to restore the status of mental health care professionals and permit them to move freely within the European Union?

Answer given by Mr Monti on behalf of the Commission

(13 July 1998)

The French legislation adopted in 1992 stipulated that someone who held a diploma in psychiatric nursing could, on request, obtain a state nursing qualification (DEI) in general care. The Commission considered that this legislation was contrary to Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions in respect of the activities of nurses responsible for general care,(1) which lays down minimum training criteria. The curriculum for psychiatric nursing training did not meet those criteria. Infringement proceedings pursuant to Article 169 of the EC Treaty were consequently initiated against France. The Council of State subsequently revoked the French legislation and confirmed the Commission's position.

No Community directive obliges Member States to issue specialist nurses with a diploma in general nursing care. It is only because France wishes to adopt legislation conferring the DEI in general care on psychiatric nurses and because training in general nursing care is itself subject to binding Community provisions on the minimum conditions it must meet (Directive 77/453/EEC) that the Commission has to ensure that the training meets those conditions.

The French authorities have submitted a new draft with this aim in view. In the context of administrative cooperation with the French authorities, the Commission will examine whether the proposed measures, once in force, will allow the authorities to ensure that professionals issued with state nursing qualifications in general care meet the minimum training requirements. The draft is soon to be discussed with Member States within the Committee of Senior Officials on Public Health.

(1) OJ L 176, 15.7.1977.