WRITTEN QUESTION E-1370/01

by Caroline Jackson (PPE-DE) to the Commission

(7 May 2001)

Subject: European equestrian organisations

In 1995, 28 national equestrian bodies in Europe established a scheme to equate the level of instructors' qualifications in their sector across international boundaries: this led to the establishment of the international equestrian passport. The lead body was the British Horse Society. The Association of British Riding Schools, whose qualifications are also recognised by the British Government, was not invited, consulted or involved in any of this work.

The Association of British Riding Schools now finds that only those on the British Horse Society register of instructors are eligible to apply for the international equestrian passport. The qualifications of the ABRS are not recognised. This situation means that those who have studied for such qualifications may find that their lack of recognition by the BHS poses an obstacle to their ability to obtain work in another EU country.

Does the Commission agree that the operation of this closed shop by an informal grouping of European equestrian organisations may be illegal in that, without the sanction of any EU mutual recognition system, it is posing an obstacle to the free movement of labour? Does the Commission agree that the answer to this problem lies in the swift recognition by the countries operating the international equestrian passport of the examinations and qualifications of the Association of British Riding Schools, thus obviating the need for legal action?

Answer given by Mr Bolkestein on behalf of the Commission

(16 July 2001)

On the basis of the information received, the Commission is not in a position to assess the compatibility of the agreement concluded between national equestrian bodies with the Community rules on freedom of movement of persons. The Commission would like to stress however that even if there is an infringement to the Community rules on freedom of movement of persons, it is not empowered to introduce an action against private bodies before the Court of Justice. Only national courts have competence to deal with disputes between private parties in this area.

Member States which regulate the profession of horse instructors in their territory are under the obligation to examine all diplomas of horse instructors obtained in other Member States in accordance with the rules of 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(1) or 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). Those directives have, however, not put in place a system of automatic recognition of diplomas. If the matters covered by the education and training which the migrant has received differ substantially from those covered by the diploma required in the host Member State, the host Member State's national authorities may require the migrant to take an aptitude test or

to complete an adaptation period at the choice of the migrant. It remains open to relevant national authorities or other bodies to enter into more or less formal arrangements based on objective criteria in order to facilitate further free movement as long as these are not exclusive in character.

(1) OJ L 19, 24.1.1989.

(2) OJ L 209, 24.7.1992.