WRITTEN QUESTION E-2152/03

by Stefano Zappalà (PPE-DE) to the Commission

(27 June 2003)

Subject: Recognition of vocational qualifications

Mr Gianfrancesco Melpignano is an Italian civil engineer who has been registered since 1994 under no. 648 in the Brindisi (Italy) Province professional register. On 14 April 2002 he applied to be included on the Lisbon engineers' register.

Twenty days later he was informed that the documentation he had submitted was comprehensive, detailed and in order and that reference number 1740 had been allocated to his application for inclusion on the register. He was also told that the relevant committee would ensure that he was formally admitted to the register within two months. He has heard nothing since.

Would the Commission say whether or not:

1. the above account is accurate;

2. the Portuguese authorities are observing current Community rules (if the above account is indeed accurate);

3. it thinks that it should intervene promptly in order to uphold the Community principles laid down in the treaties, in specific directives and in the rules which have been recently adopted?

Answer given by Mr Bolkestein on behalf of the Commission

(29 July 2003)

The question raised by the honourable Member prompts the following comments:

- when it comes to the recognition of professional qualifications, the profession of engineer is governed by Council Directive 89/48/EEC(1). In accordance with this Regulation, a Member State cannot in principle deny a citizen of a Member State access to a regulated profession and the pursuit of such a profession in its territory, provided that he holds the diploma required in his Member State of origin for the pursuit of the same profession. However, if there are substantial differences in the training undergone by the applicant in comparison with the training required in the host Member State, the latter may require the applicant either to give evidence of professional experience or to complete compensatory measures in the form of an adaptation period or aptitude test;

- in accordance with the Directive, the decision of the competent authority must be communicated within four months after presentation of all the documents relating to the person concerned. Failure to respond within this period would thus be an infringement of the Community rules which are in force;

- since the Commission has not received any complaint from Mr Gianfrancesco Melpignano, it is not in a position to comment on the accuracy of the facts as stated;

- the Commission cannot answer the question of whether or not the Portuguese authorities have complied with the Community rules which are in force, since it does not have sufficient information about Mr Melpignano's case. The information provided by the honourable Member is in fact insufficient to determine whether the lack of response by the Order of Engineers in Lisbon, following the initial notification whereby enrolment would be formalised within two months, indicates a real basic problem or whether it is simply a matter of communication. In this regard, it would be useful to know whether Mr Melpignano has contacted the Order of Engineers in Lisbon to seek an answer to these questions;

- having been informed of Mr Melpignano's case by the honourable Member, the Commission is naturally ready to take suitable measures to find a solution as quickly as possible, once it has all the facts and documents for the case. The Commission must in fact have the relevant documents before it can contact the competent authorities.

(1) Directive 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.