EN Official Journal of the European Union CE 33/235

(2004/C 33 E/241)

WRITTEN QUESTION E-2215/03

by Cristiana Muscardini (UEN) to the Commission

(2 July 2003)

Subject: Recognition of the liberal professions

The usual procedures are under way for the adoption by Parliament of its opinion on the proposal for a directive on the recognition of professional qualifications (1). The proposal covers professions already regulated in the Member States and aims to encourage mutual recognition of qualifications in order to promote freedom of establishment. However, there are new professions, such as translators and interpreters, which are practised at both national and European level but have yet to secure recognition. It would be highly useful and appropriate to introduce a minimum level of regulation for these professions, notably with a view to protecting users.

The Commission:

1. Has the Commission conducted studies into the exercise of these unregulated professions, monitoring the situation by country and socio-professional sector?

2. Does it not believe that a minimum level of regulation is needed, in the form of, say, a framework law laying down minimum requirements for the exercise of these liberal professions?

3. Alternatively, would it not be useful at least to formally recognise the professional associations representing them?

4. In view of the way the professions of translator and interpreter have developed in recent decades and the fact that advanced level specialised training can be undertaken, should they not be able to legitimately aspire to formal recognition, not least in the interests of protecting users?

5. Without reference to the question of freedom of establishment, would such recognition not serve as a new model for flexible regulation for these sensitive professions, which at present can be exercised by anyone, whether properly qualified or not, throughout the territory of the Union, with the adverse effects this may have on users and the damage it may do to the image of serious members of the profession?

Answer given by Mr Bolkestein on behalf of the Commission

(4 September 2003)

As regards the recognition of professional qualifications, the professions of translator and interpreter are covered, depending on the level of training required, either by Directive 89/48/EEC (2) or by Directive 92/51/EEC (3). The Directives apply only when the profession concerned is regulated in the Member State in which the person wishes to exercise it and that person acquired his or her qualifications in another Member State. These Directives, the principles of which have been included in the proposal for a directive on the recognition of professional qualifications (4), are based on a system of mutual recognition and not on the coordination of minimum training conditions or the conditions of access to a profession.

1. When a profession is not regulated in a Member State, there is no legal barrier to the free movement of workers, who are subject only to market rules. In the absence of Community competence in this matter, the Commission has not carried out any studies on the subject.

2. In principle it is up to the Member States to regulate the professions in their territory. Any coordination of the conditions of access to the professions which would involve an amendment to the legislative principles in a Member State requires, in accordance with Article 47(2) of the EC Treaty, a Directive adopted unanimously by the Council. The Commission is not aware of initiatives either by the profession or by the Member States which are likely to receive this level of support.

3. The Commission is not competent to recognise professional associations. However, under the proposal for a directive on the recognition of professional qualifications currently being negotiated by Parliament and the Council, associations would have the possibility of presenting common platforms at European level and defining qualification criteria able to meet the requirements of each Member State. Once included in a decision adopted in accordance with the comitology procedure (‘regulation’), these criteria would facilitate the free movement of workers that meet them.

4. and 5. The Community is not competent in matters regarding professional recognition or the suitability of regulating a profession in accordance with Community law. The Commission is responsible for applying Community rules on the recognition of professional qualifications to professions which are already regulated in a Member State.

(1) COM(2002)119 - OJ C 181 E, 30.7.2002, p. 183.

(2) 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, 24.1.1989.

(3) 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.

(4) COM(2002) 119 final.