EN Official Journal of the European Union CE 33/211

(2004/C 33 E/215)

WRITTEN QUESTION E-2088/03

by Marjo Matikainen-Kallström (PPE-DE) to the Commission

(24 June 2003)

Subject: Recognition of Finnish engineering qualifications in Estonia

Finnish engineers have had practical difficulties in carrying on their occupation in Estonia because they cannot obtain the title corresponding to their qualifications. The fact that there is no body in Estonia responsible for awarding professional titles makes it considerably more difficult for Finnish engineers to work there.

Article 39 of the EC Treaty guarantees freedom of movement for workers and prohibits any discrimination to which workers from Member States might be subjected on the grounds of nationality when entering into a contract of employment or as regards pay and other working conditions. The failure to recognise the qualifications held by nationals of another Member State leads in practice to discrimination on the labour market.

What will the Commission do to eliminate the indirect discrimination based on nationality which engineers suffer in Estonia?

Answer given by Mr Bolkestein on behalf of the Commission

(4 August 2003)

As of now, Estonia has no legal obligation to recognise engineering diplomas (or Finland to recognise an Estonian diploma). Although the Accession Treaty has been signed, such an obligation will only arise once that Treaty comes into force, which is scheduled to happen on 1 May 2004.

The profession of engineer, if regulated in Estonia, falls within 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). The information available to the Commission is, however, that the profession is not regulated in Estonia. The principle of that Directive is that if someone is qualified to practice a regulated profession in his/her Home State, the Host State must accept that qualification and allow the applicant to practise the profession in question on its territory, on an equal footing with locally trained professionals.

However, in the case of substantial differences in the applicant's qualifications and professional experience vis-à-vis the qualifications required in the Host State, the authorities of the latter may require the applicant to have already completed up to four years of relevant professional experience or to undergo a compensation measure, at the applicant's choice, in the form of either a period of supervised practise or an aptitude test (see Articles 1, 3 and 4 of the said Directive). The decision has to be taken within four months of the receipt of the application, be reasoned and subject to judicial review. The same principles apply for the provision of services although the decision should be taken with the utmost celerity so as not to hinder or render impossible the provision of the services in question.

When the profession is not regulated, as seems to be the case in Estonia, no legal requirements apply to its exercise and therefore there is no need to apply any recognition mechanism. In any case, the Commission will continue to verify that all Community Directives on the recognition of professional qualifications, and Directive 89/48/EEC in particular, will be fully and correctly implemented in Estonia.

As regards rules on free movement of workers, under article 3 6 of the association agreement between the Communities and their Member States and Estonia, the principle of non discrimination applies to nationals of a Member State who are legally employed in the territory of Estonia as regards working conditions, remuneration or dismissal. From the information provided by the Honourable Member it does not follow necessarily that Finnish engineers are being discriminated against on these aspects.

(1) OJ L 19, 24.1.1989.