EN Official Journal of the European Union CE 84/883

(2004/C 84 E/0977)

WRITTEN QUESTION E-0816/04

by Stefano Zappalà (PPE-DE) to the Commission

(15 March 2004)

Subject: Recognition of diplomas

Mr Luca Ghezzi, a resident of Camucia di Cortona (Arezzo), is qualified to pursue the profession of industrial expert.

He applied for a teaching post with the Galilei Galileo ITIS (industrial and technical secondary school) in via D. Menci, Arezzo.

The director of the establishment refused to recognise Mr Ghezzi's qualification as conferring the requisite points, apparently disregarding the table laid down in (Italian) Ministerial Decree No 40 of 16 April 2003 implementing Directive 89/48/EEC (1) and Directive 92/51/EEC (2) and in point B(3) of Annex A to Ministerial Decree No 201 of 25 May 2000.

If the facts are as stated, what measures can the Commission take to ensure compliance with Community legislation and the corresponding national rules?

Answer given by Mr Bolkestein on behalf of the Commission

(26 April 2004)

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

— Among its fundamental principles, the EC Treaty established freedom of establishment, freedom to provide services and free movement for employed persons. So as to facilitate the effective exercise of these freedoms, several legal instruments have been adopted. To this end, Directives 89/48/EEC (3) and 92/51/EEC (4), to which the Honourable Member refers, established a ‘general system’ for the recognition of diplomas between Member States. Under these Directives, a Member State may not in principle refuse to allow a Community national to take up and pursue a regulated profession provided the person concerned holds the diploma required in his or her Member State of origin or provenance for the pursuit of that 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 provide evidence of professional experience or to comply with compensatory measures in the form of an adaptation period or an aptitude test.

— From the above it is apparent that the above-mentioned Directives apply only when community nationals wish to pursue a regulated profession in a Member State other than that where they acquired their professional qualifications, and not to situations that are purely internal to a Member State. From the information supplied by the Honourable Member, however, it is not clear that Mr Ghezzi acquired his professional qualifications outside Italy. In consequence, having regard to the facts presented, no presumed violation of the above Directives can be established.

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

(2) OJ L 209, 24.7.1992, p. 25.

(3) 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.

(4) 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.