EN Official Journal of the European Union CE 78/76

(2004/C 78 E/0075)

WRITTEN QUESTION E-2087/03

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

(24 June 2003)

Subject: Recognition of Finnish engineering qualifications in certain Mediterranean countries

Finnish engineers have had practical difficulties in carrying on their occupation in most Mediterranean countries. Problems have arisen in Portugal, Italy, Greece, and Cyprus. The difficulties regarding exercise of the profession stem either from legislation or from procedural practice in the countries concerned. As a result of these systems Finnish engineers have been directly or indirectly prevented from working in the above-mentioned Mediterranean countries and have encountered difficulties in that respect.

The problems have to do with the fact that the professional associations in the countries concerned have been given the right to decide who should be allowed to use the professional title in question. For its part, the professional association in such a country will not admit members other than home nationals. In practice, recognition of Finnish engineering qualifications is thus withheld, or, for other reasons, only nationals of the particular country or those who have qualified in that country are considered suitable to carry on the occupation of engineer.

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 Finnish engineers suffer in the Mediterranean countries referred to above?

Answer given by Mr Bolkestein on behalf of the Commission

(4 August 2003)

When it comes to the recognition of professional qualifications, the profession of engineer is governed by directive 89/48/EEC (1). In accordance with this Directive, a Member State cannot in principle deny a citizen of a Member State access to a regulated profession and the pursuit of such a profession in its territory, provided that he holds the diploma required in his Member State of origin for the pursuit of the same profession. However, if there are substantial differences in the training undergone by the applicant in comparison with the training required in the host Member State, the latter may require the applicant either to give evidence of professional experience or to complete compensatory measures in the form of an adaptation period or aptitude test.

The Commission has in fact received several complaints about the improper application of Directive 89/48/EEC in Greece and, in particular, the refusal by the Greek Technical Chamber (professional body) to register engineers who have obtained their professional qualifications in another Member State on the basis of the recognition decision issued by the competent national authority in accordance with Directive 89/48/EEC. From the complaints sent to the Commission, it would appear that this refusal is not due to the nationality of the migrant, but to the fact that these migrants hold qualifications obtained in another Member State and that these qualifications have not been granted academic recognition. On the basis of the facts brought to its attention, in addition to certain elements of non-conformity in the transposing legislation, the Commission initiated infringement proceedings against Greece and decided to refer the matter to the Court of Justice on 17 December 2002.

With regard to Cyprus, Directive 89/48/EEC will not apply to this country until the Accession Treaty enters into force.

An analysis of the legislation transposing Directive 89/48/EEC in Italy and Portugal has not revealed any problems of conformity. Nor does the Commission have any knowledge of administrative practices by the authorities in these Member States which might be contrary to the rules of this Directive. If the Commission were to receive complaints about the improper application of Directive 89/48/EEC in these Member States, these would of course be investigated in order to determine the appropriate action to be taken.

As regards registration with specific professional associations in Greece, Italy and Portugal, restricting admission to nationals only would be contrary to the principle of non discrimination set out in Articles 39, 43 and 49 of the EC Treaty. The Honourable Member is asked to send more detailed information on this matter to the Commission so that it can, if necessary, make representations to the national authorities concerned.

(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.