WRITTEN QUESTION E-2654/96 by Michèle Lindeperg (PSE) to the Commission (15 October 1996)

Subject: Ski instruction - problems related to free movement of workers

Ski instruction takes place in a dangerous environment and the job of teaching people to ski must be entrusted only to fully qualified professionals. Otherwise pupils are put at serious risk (cf. the Valmorel accident).

The principle of free movement of workers within the European area must not be implemented at the cost of safety. It is therefore essential that steps be taken to ensure that ski instructors working in the Community have the necessary qualifications.

Does the Commission intend to take such steps?

Answer given by Mr Monti on behalf of the Commission (28 November 1996)

The Commission shares the Honourable Member's view that ski instruction takes place in a dangerous environment and that the job of teaching people to ski should therefore be entrusted only to qualified professionals. It also recognizes that the principle of the free movement of workers within the European area must not be implemented at the expense of safety. Nevertheless, application of the Directives establishing the general system for the recognition of qualifications should not give rise to concern as regards ski instruction: while they are intended to facilitate the free movement of workers, they have put machinery in place enabling Member States to satisfy themselves that persons seeking recognition are properly qualified.

Council Directive 89/48/EEC of 21 December 1988 ((OJ L 19, 24.1.1989. )) established a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration. It was later supplemented by Council Directive 92/51/EEC of 18 June 1992 ((OJ L 209, 24.7.1992. )) on a second general system for the recognition of professional education and training. Ski instructors are covered by the latter Directive.

Under the general system for the recognition of diplomas, a person who is fully qualified to carry on a profession in one Member State must normally be allowed to carry on the same profession in another Member State. There are some exceptions, however: for example, where the subjects covered by the training received by the person applying for recognition differ substantially from those covered by the diploma required in the host Member State, the authorities of that country are allowed to require him or her to undergo an adaptation period or sit an aptitude test. Except in very special cases provided for by Directives 89/48/EEC and 92/51/EEC, the migrant has the right to choose between an adaptation period and an aptitude test.

The Commission does not dispute the fact that, given their special responsibilities, ski instructors must have qualifications that ensure the safety of their pupils. However, it takes the view that Directive 92/51/EEC has put in place rules that enable safety requirements to be taken into account when the training received by a person applying for recognition is assessed. If a diploma awarded by another Member State were to display significant shortcomings in that area, it could be deemed to differ substantially in content from the corresponding French diploma and applicants could therefore be required to undergo an adaptation period or sit an aptitude test. Since Directive 92/51/EEC makes it possible to allay the concerns of both the skiing industry and the French authorities, the Commission does not intend to take any further action.