WRITTEN QUESTION E-3337/02

by Christine De Veyrac (PPE-DE) to the Commission

(26 November 2002)

Subject: Recognition of diplomas free movement of musicians

Musicians apparently encounter difficulties in getting their training in one Member State recognised in another.

For example, a French music student at a conservatory who has taken courses in Belgium cannot get the latter counted towards the French diploma.

This means that experience acquired abroad becomes a career obstacle for musicians instead of a plus.

The Commission is currently celebrating the millionth Erasmus student. Certain subjects, however, would appear still to be suffering from neglect, and students working in the arts are disadvantaged vis-à-vis others. Has music been left out of the Erasmus programme?

The Commission is also currently reforming the overall system of mutual recognition of professional qualifications. The arrangements applying to students should be as effective as those for workers.

What measures does the Commission intend to take to create an identical situation for all European citizens and encourage their mobility within the Union?

Answer given by Mr Bolkestein on behalf of the Commission

(7 January 2003)

According to the information at the Commission's disposal, the only regulated professions in the field of music are those of organist and choirmaster (United Kingdom) and member of an orchestra (Italy). The Commission has no knowledge of any specific problems concerning the professional recognition of these professions. Since the profession of musicians in general is not regulated in any Member State, Directives 89/48/EEC(1) and 92/51/EEC(2) on the mutual recognition of qualifications do not apply to this profession. These directives only apply when a Member State national wishes to have access to a regulated profession in another Member State, i.e. one which is subject by laws, regulations or administrative provisions to the possession of a diploma. If this is the case, the migrant needs to obtain recognition of the diploma awarded in his/her country of origin to gain access to the profession in question. If, on the other hand, a diploma is not required, professional recognition is not necessary.

The Proposal for a Directive of the European Parliament and of the Council on the recognition of professional qualifications(3) basically aims to consolidate and simplify the systems for the recognition of professional qualifications currently in force. This proposal also introduces some new elements, namely further liberalisation of the provision of services, more automatic recognition on the basis of common platforms and better systems for informing and assisting migrants.

The academic recognition of diplomas and qualifications, the aim of which is to allow individuals with qualifications to pursue an education, falls within the competence of the Member States. This type of recognition is not, at present, covered by Community provisions. The national authorities have the right to ask for the academic recognition of the qualification obtained in another Member State. They are also free to determine the substantive and procedural rules governing this type of recognition. They must, however, comply with Article 12 of the EC Treaty which prohibits any direct or indirect discrimination on grounds of nationality.

The recognition of periods of study under the Erasmus programme is a separate issue from the academic recognition of qualifications. Under the Erasmus mobility scheme, recognition presupposes that there is an agreement between two participating institutions whereby the period of study followed by the Erasmus student in one of the institutions is recognised in the other. According

to the rules and procedures of the Erasmus programme, no course subject may be placed at a disadvantage or disqualified regarding eligibility for an Erasmus scholarship. The Commission is aware that some subjects have turned out to be more popular than others when it comes to the mobility of Erasmus students. However, the national agencies are being encouraged to promote mobility in the less popular disciplines and to the less popular destinations.

(1) 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.

(2) 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.

(3) COM(2002) 119 final.