EN Official Journal of the European Union CE 70/225

(2004/C 70 E/243)

WRITTEN QUESTION E-3158/03

by Antonio Mussa (UEN) to the Commission

(24 October 2003)

Subject: Recognition of academic qualifications

The issue of recognition by the Member States of academic qualifications in the EU is one of great importance which has a direct impact on citizens and restricts their right to freedom of movement and their establishment in other Member States for purposes of work.

Since one of the products of European integration is precisely the free movement of citizens and since student and worker mobility will become increasingly widespread, the Community has in the past passed legislation on the recognition of academic qualifications.

In fact, there is no automatic recognition of qualifications, with the conditions that individuals have to fulfil in order for their qualifications to be recognised falling solely within the sphere of competence of the Member States.

All too often, however, recognition becomes all but impossible in practice because Member States stipulate exorbitant conditions and the bureaucratic procedures are extremely long and burdensome.

Does the Commission intend to bring forward initiatives to consolidate and simplify the current system for the recognition of qualifications by making recognition more automatic, basing it on common criteria and, in any event, setting a time limit on the recognition process?

Answer given by Mr Bolkestein on behalf of the Commission

(10 December 2003)

The EU has a precise legal framework for the recognition of professional qualifications for the regulated professions. It is important to differentiate this recognition from the recognition of titles for academic purposes and from mechanisms ensuring the transparency of qualifications on the labour market.

The ‘general system’ for the recognition of professional qualifications, which is based on the principle of mutual recognition, applies to all regulated professions that are not covered by a specific automatic recognition scheme for certain craft, industrial and commercial activities and the professions of doctor, nurse responsible for general care, dentist, veterinary surgeon, midwife, pharmacist and architect. Mutual recognition is based on the Member States accepting professional qualifications awarded by other Member States in order to take up a given profession. If necessary, recognition of these professional qualifications may be conditional upon the migrant successfully completing compensation measures (a test or adaptation period). The purpose of these compensation measures is to make up for the considerable differences which exist between the migrant's training and that required to take up the same profession in the host Member State.

In March 2002, the Commission submitted a proposal for a directive on the recognition of professional qualifications (1), which consolidates, simplifies and clarifies existing Community legislation in this field. It also introduces new elements, including liberalisation of the freedom to provide cross-border services and the creation of common platforms for professions covered by the general system based on mutual recognition. This proposal is currently being adopted by the Parliament and the Council.

In the proposal, a common platform means a set of criteria of professional qualifications which attest to a sufficient level of competence for the pursuit of a given profession and on the basis of which professional associations accept qualifications obtained in the Member States. If the Commission considers that the common platform facilitates the mutual recognition of qualifications, on the basis of technical work carried out by the professional associations concerned at European level, it takes a decision in accordance with the regulatory (comitology) procedure. As a result of this Community instrument, if migrants meet the corresponding conditions, the Member States do not impose compensatory measures. The idea behind these common platforms is to try and make the free movement of professionals easier by making the recognition of qualifications more automatic for migrants who meet the criteria chosen for the profession concerned.

This does not call into question the Member States' responsibility for regulating the professions and determining the training conditions required to take up and pursue these professions. In addition, a Member State can always examine the duration and content of the applicant's training and compare these with the requirements imposed on its territory, and impose compensatory measures if the migrant does not meet the conditions for the platform concerned.

As regards the time limits within which Member States decide upon applications for recognition for the regulated professions, the directives in force already contain precise rules on this matter. Depending on the directive which applies, this time limit is three or four months. In its above-mentioned proposal for a directive, the Commission proposed a single three-month deadline. Lengthy delays in reaching a decision on the recognition of qualifications can be justified when a migrant needs to complete his/her application. The proposal for a directive introduces a one-month deadline within which the competent authority must acknowledge receipt of the application and, if necessary, inform the migrant of any missing documents, as well as an obligation for the competent authorities to cooperate closely in order to expedite the recognition procedure.

(1) COM(2002) 119 final.