WRITTEN QUESTION E-2092/01

by Paul Rübig (PPE-DE) to the Commission

(13 July 2001)

Subject: Conformity with the?Architecture Directive' recognition of specialised courses of study

Liechtenstein communicated details of the School of Architecture in Vaduz in accordance with Article 7 of the Architecture Directive, 85/384/EEC(1). This notification was recognised by the ESA (EFTA Surveillance Authority) for the purposes of the EEA by virtue of its publication in the Official Journal(2). On the EU side, reservations were expressed by 5 Member States and the matter was referred to the EEA Conciliation Committee, with a view to reaching a settlement within 6 months.

A decision has not yet been reached.

Since the majority of students at the above-mentioned university come from EU Member States, the current legal uncertainty regarding the conformity of the training offered with the Architecture Directive and the attendant problems concerning access to careers in the sector are making the situation untenable.

To what extent have the negotiations between the Member States and the Commission progressed and/or when can an official decision regarding recognition of the course offered by the Vaduz university by all the Member States of the EEA, including the EU Member States, be expected?

(1) OJ L 223, 21.8.1985, p. 15.

(2) OJ C 42 8.2.2001, p. 14.

Answer given by Mr Patten on behalf of the Commission

(6 September 2001)

The matter of diplomas for architects from the Fach-Hochschule Liechtenstein was discussed at the 81st European Economic Area (EEA) Joint Committee meeting of 15 December 2000, and again at the next meeting on 25 January 2001, where it was stated, for the record, that the Community would not recognise this diploma. However the EEA European Free Trade Association (EFTA) side was of the opinion that according to the Agreement, this matter fell under the competence of the EFTA Surveillance Authority (ESA).

Subsequently, at the 83rd meeting of 23 February 2001 The President stated that it was noted that the EFTA Surveillance Authority had published a communication in the Official Journal stating that the diploma in question was to be recognised by all the Contracting Parties. That publication, however, overlooked the fact that already in December 2000 the Commission had reserved its right not to recognise the diploma and in January 2001 had notified the Joint Committee that that right was exercised. He strongly objected to the publication that gave readers a misleading image of the situation.

As things stand, the architects diplomas from the Fach-Hochschule Liechtenstein are therefore not recognised in the Community. One of the curricula leading to the diploma does not fulfil the requirements under Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.

Negotiations are currently under way between the Parties in order to find a solution. Liechtenstein is expected to come up with a proposal after the summer recess, which will be given swift and careful attention by the Commission.