EN Official Journal of the European Union CE 84/910

(2004/C 84 E/1005)

WRITTEN QUESTION E-0907/04

by Franz Turchi (UEN) to the Commission

(24 March 2004)

Subject: Safeguarding the profession of optometrist

The profession of optometrist exists in a number of Member States and access to the profession is obtained by taking a degree in the subject.

Optometry is a profession in its own right, which does not encroach on that of ophthalmology since measurement of eyesight is a functional investigation, not a medical procedure.

Optometrists have a higher level of professional qualification than opticians and they ensure protection for people's eyesight by means of prevention, rehabilitation and increasing visual efficiency.

Can the Commission say what has been done to encourage the Italian government to enable Italian optometrists to be recognised as having specific skills and professional status in the same way as their European colleagues?

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2004)

The Honourable Member raises the question of what has been done by the Commission to encourage the Italian government to regulate the profession of optometrist in Italy in order to enable Italian optometrists to be recognised as having specific skills and professional status in the same way as in other Member States.

Under the EC Treaty, qualification and training requirements remain the primary responsibility of the Member States. Some minimum co-ordinated training requirements have been adopted at Community level for some of the main health professions, e.g. doctors (ophthalmologists) which fall under Directive 93/16/EEC (1), but most professions, including that of optometrist, are not subject to any such requirements.

In the case of optometrists, Directive 89/48/EEC (2) on a general system for the recognition of higher-education diplomas and Directive 92/51/EEC (3) on a second general system apply, but only where the profession is regulated in the host Member State. These directives do not regulate the exercise of the activities of the profession in question on a national level.

Furthermore, the profession of optometrist is not regulated in all Member States and the professional activity may be reserved to other professions. In this context, the European Court of Justice has confirmed in its decision of 3 October 1990 (C-61/89 Bouchoucha) that Article 43 of the EC Treaty does not preclude a Member State from restricting an activity ancillary to medicine exclusively to persons holding the qualification of doctor of medicine.

As the primary interest and responsibility in this area lies with Member States who decide on what action to take in accordance with their specific public health and other policies, the Commission may not intervene in a purely internal matter.

(1) Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, OJ L 165, 7.7.1993.

(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.