WRITTEN QUESTION E-2454/98

by Roberta Angelilli (NI) to the Commission

(30 July 1998)

Subject: Recognition of the locksmith profession

Some occupational groups are still not recognised or properly regulated in Italy and other Member States. According to press reports, the proposal being put forward in certain quarters to do away with the present Italian professional registers is the subject of intensive national debate, but it is not clear what alternative rules will be laid down to replace the existing arrangements. Clarification is accordingly required to enable the public to know who will be called upon to apply the European standards governing technology applications used in active and passive safety systems. The persons who observe the Italian laws now in force, for example Nos 646/90, 626/90, 242/96, and 675/96, act in good faith but cannot accept legal liability for their work. The professions concerned in this instance include closure and lock experts, who, through their Italian national organisation, ERSI, and the European Locksmith Federation, have long been endeavouring to ensure that their members can provide the appropriate expertise. If they were to be incorporated into a career structure based on proof of qualifications, all potential customers would be able to benefit from their services.

1. Are there any Directives on the recognition of professions in the Member States?

2. Has Italy complied with those Directives or is it about to do so?

3. Could closure and lock experts be covered by such Directives?

4. What is the Commission's general view on the matter?

Answer given by Mr Monti on behalf of the Commission

(2 October 1998)

Member States are responsible for regulating access to the occupation of locksmith and the manner in which that occupation is practised. It is thus up to each Member State to determine the preparatory training required and conditions for access to the occupation, as well as its status as a profession.

To facilitate the free movement of professionals who do not possess the qualifications required by the host Member State, Community law imposes on the latter a number of obligations towards migrants.

As regards professional recognition, the profession of independent locksmith is covered by Directive 64/427/EEC(1) on industry and small craft industries (ISIC Major Groups 23-40), which lays down measures to facilitate the full exercise of the right of establishment and the freedom to provide services. Article 3 of the Directive lays down the minimum length of relevant professional experience effectively and lawfully acquired in a Member State other than the host country. In cases where this requirement is met, Community nationals may establish themselves without being required to fulfil the conditions laid down by regulations in the host Member State.

However, where migrants do not fulfil the conditions laid down by the Directive, the host Member State is required, under the EC Treaty and in accordance with the case law of the Court of Justice, to recognise their professional experience and other qualifications.

As far as the Commission is aware, Italy has correctly transposed the Directive into national law. However, it is prepared to examine any additional information which the Honourable Member may have which could bring to light a problem of Community law.

(1) OJ 117, 23.7.1964.