WRITTEN QUESTION E-3144/00

by Cristiana Muscardini (UEN) to the Commission

(6 October 2000)

Subject: Freedom of movement of European air traffic controllers

With reference to:

- point (h) of the Council Resolution of 18 July 1989(1),

- Article 1 of the proposal for a Directive on mutual acceptance of personnel licences for the exercise of functions in civil aviation (COM(89) 0472(2) and COM(91) 0222(3)), which covered the profession of air traffic controller,

- the favourable opinions on this inclusion expressed by the Economic and Social Committee (14.3.1990(4)) and the European Parliament (resolution of 12 October 1990(5)),

- Directive 91/670/EEC(6), which removes air traffic controllers from the list of aeronautical professions,

- recital P of the EP's resolution of 18 September 1992(7), which criticises this action on the part of the Council,

- paragraph 24 of the White Paper on Air Traffic Management (COM(96) 0057) in which the Commission advocated facilitating the free movement of air traffic controllers,

- the fact that in the absence of a specific directive recognising this profession the general system for the recognition of diplomas (89/48(8) and 92/51(9)) should apply, provided that the profession to be recognised is regulated in the host country,

- the fact that the Member States, for internal political reasons, often tend not to apply it to air traffic controllers, even though the profession is regulated by their legal systems,

- the case of an Italian air traffic controller (Mr Lorenzo Vincenzi), who was prevented by the Spanish authorities from applying for recognition of his professional qualifications because of the alleged absence of regulations governing the profession,

- the fact that, therefore, free movement in this profession is still impossible in the European single market.

1. Can the Commission say whether the profession of air traffic controller is regulated in Spain;

2. what steps it intends to take to ensure freedom of movement for European air traffic controllers;

3. in particular, whether it might establish harmonised systems for training and issuing licences for air traffic controllers, so that this profession can be covered by Directive 91/670/EEC;

4. what steps it intends to take to oblige the Member States to apply the general system of recognition?

(1) OJ C 189, 26.7.1989, p. 3.

(2) OJ C 10, 16.1.1990, p. 12.

(3) OJ C 175, 6.7.1991, p. 14.

(4) OJ C 124, 21.5.1990, p. 18.

(5) OJ C 284, 12.11.1990, p. 198.

(6) OJ L 373, 31.12.1991, p. 21.

(7) OJ C 284, 2.11.1992, p. 170.

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

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

Answer given by Mr Bolkestein on behalf of the Commission

(7 November 2000)

As the Honourable Member rightly states, in the absence of a specific Directive relating to the profession of air traffic controller, that profession is governed, depending on the level of training required in the Member States, either by 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, or by 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, insofar as the profession is regulated in the host Member State.

The Commission is aware of the case to which the Honourable Member refers, and is currently processing a complaint relating to it.

According to the information available to the Commission, current Spanish legislation makes the taking up and pursuit of the profession of air traffic controller conditional on possession of certain professional qualifications. This is apparent from Royal Decree No 3/1998 of 9 January 1998. Consequently, the Commission considers the profession to be regulated in Spain.

However, the profession of air traffic controller is not included in the list of regulated professions contained in Annex I to Royal Decree 1665/1991 and in Annex IV to Royal Decree 1396/1995 (as amended by Royal Decree 1754/1998 of 31 July 1998), which provide the general framework for the transposition of Directives 89/48/EEC and 92/51/EEC. Moreover, Spanish legislation which regulates the profession does not, as far as the Commission is aware, contain any provisions relating to the recognition of professional qualifications acquired in other Member States.

The Commission has initiated an infringement procedure against Spain. The procedure is currently at the formal notice stage. In the light of the Spanish Government's comments, the Commission reserves the right to send the Spanish Government a reasoned opinion so that the country's legislation may be brought into line with the general system for the recognition of professional qualifications.