WRITTEN QUESTION E-0793/02

by Peter Skinner (PSE), Torben Lund (PSE)and Helle Thorning-Schmidt (PSE) to the Commission

(21 March 2002)

Subject: Compliance with Directive 89/48/EEC and discrimination against foreigners

One of the preconditions of a well-functioning single market is non-discrimination against labour from other Member States. Unfortunately, many Member States still seem to fail to comply with Directive 89/48/EEC(1). This problem is well illustrated by a case from Great Britain in which the British Psychological Society (BPS) is refusing to recognise a Danish psychologist's (Cand. Psych) university diploma. Therefore, the person in question is unable to obtain membership of the BPS and consequently is excluded from practising in Great Britain.

We believe it to be a general cause for concern that when assessing foreign diplomas, both private and public institutions often do not grant the diplomas their rightful legal value. This means that EU citizens cannot practise their occupation on equal terms.

In the above-mentioned case which resembles other cases of market discrimination the BPS is ensuring for its own members an unfair preferential market position by being able to control access by psychologists from other EU Member States. In addition, the BPS handles cases so slowly that most applicants are likely to give up pursuing their rights.

In this case, the person in question has a legal adviser and Eurojus to support her case. Both state that the BPS is not complying with Directive 89/48/EEC.

Therefore, we ask the Commission to state how it intends to ensure that Member States comply with Directive 89/48/EEC and also to state whether it knows of this case or about other similar cases. Finally, we would like the Commission to specify which measures it intends to take in order to ensure that psychologists and other professionals educated in one EU Member State will be able to practise in another.

(1) OJ L 19, 24.1.1989, p. 16.

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2002)

With regard to the general question asked by the Honourable Members on the application of 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, the Commission would like to point out that, since the end of the period for transposing this Directive (4 January 1991), it has known of only a few cases of persistent violation of this Directive by the Member States. In addition, once the Commission has identified national regulations or administrative practices which are contrary to Directive 89/48/EEC, it systematically starts infringement proceedings which may, if needs be, lead to a referral to the Court of Justice as the body responsible for examining such infringements. These procedures are carried out as quickly as possible, in view of the need to confirm the facts of the matter and obtain the relevant information.

With regard more specifically to the application of Directive 89/48/EEC by the British Psychological Society (BPS), which is the authority in charge of the professional recognition of psychologists in the United Kingdom, the Commission does not know of the individual case mentioned by the Honourable Members. The Commission would therefore ask the Members to suggest to the party concerned that he/she provide it with more detailed information on the case in question. If, having examined this information, the Commission should establish that the Directive in question has been infringed, it would take appropriate action including, if necessary, the opening of infringement proceedings against the Member State concerned.

The Commission would point out that in the initial years following the application of Directive 89/48/EEC it knew of several cases in which psychologists with qualifications from other Member States encountered problems in being recognised by the BPS, but that it has not heard of any new cases since then.