WRITTEN QUESTION E-1441/01

by Mary Banotti (PPE-DE) to the Commission

(17 May 2001)

Subject: Recognition of diplomas

What progress if any has been made to improve the recognition of teaching diplomas within the EU and in particular the mutual recognition of diplomas for music teachers within the Union?

Answer given by Mr Bolkestein on behalf of the Commission

(20 July 2001)

The recognition of teaching diplomas is governed by Council Directive 89/48/ECC 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(1) and 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(2). The General System applies across a wide range of professions requiring various levels of qualifications, including teachers. The General System provides that nationals from one Member State have the right to exercise in another Member State a profession for which they are fully qualified in their Member State of origin. The recognition under the Directives is not automatic, as the host Member State may impose on the migrant a compensation measure (an adaptation period or a test) when there are substantial differences between the migrant's education and training and the education and training required in the host Member State. Under the Directives, Member States must communicate to the Commission every two years a report on the application of the Directives. From these reports, it emerges that teachers represent one of the largest professional groups to have benefited from the Directives. In the years 1991-1994, over 5 000 teachers obtained recognition under the General System. For further details, the Commission would refer the Honourable Member to its reports to the Parliament and the Council on the state of application of the General System Directives(3). The statistic reports for the years 1997-1998 show 2 431 decisions of recognition of teaching diplomas. Out of these, 2 158 were granted without compensation measures. The most recent statistic reports (for 10 Member States +3 European Economic Area (EEA) countries) indicate that in the years 1999-2000, 2 031 teachers were granted recognition under the General System, in 1 850 cases with no compensation measures. The Commission does not have specific data on music teachers, as the professional group of teachers is not broken down into sub-divisions. At all events, the Commission is not aware of any general problem having arisen with respect to this category of teachers.

The Commission has initiated infringement proceedings against France and Germany for non compliance with the Directive as regards the recognition of teaching diplomas. All the proceedings have been closed further to the adoption by the Member States concerned of the appropriate changes in their legislation and/or administrative practice.

From a legislative standpoint, the operation of the general system has been improved by the adoption on 26 February 2001 of the Simpler Legislation for the Internal Market (SLIM) Directive(4) which has introduced the obligation for the host Member State to take into consideration, during the examination of the request for recognition, the experience which the individual has gained after obtaining a diploma. At the same time, the Commission is just now launching a public consultation to prepare for a new Directive on the mutual recognition of professional qualifications. The Commission has a proposal for a more uniform, transparent and flexible regime for professional recognition programmed for adoption before the Spring European Council in 2002.

(1) OJ L 19, 24.1.1989.

(2) OJ L 209, 24.7.1992.

(3) COM(96) 46 final and COM(2000) 17 final.

(4) Directive 2001/19/CE (n'est pas encore publié) of the Parliament and of the Council amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ C 28, 26.1.1998).