WRITTEN QUESTION E-2775/99

by Alexandros Alavanos (GUE/NGL) to the Commission

(18 January 2000)

Subject: Consolidation of the tourist guide profession in Greece

Greece has to date had no mechanism for certifying the tourist guide profession or for setting conditions for the issuing of a special card certifying that the holder is a tourist guide.

Talks have recently begun between the parties concerned and the government over the introduction of a bill setting conditions for the recognition of this profession, and it would help facilitate the dialogue if the Commission could answer the following questions:

1. Does it consider confirmation from the employer alone to be sufficient justification for the issuing of a special card certifying the holder as a professional tourist guide, when there may be more convincing documents proving the exercise of the profession, such as the individual's tax return or the registers of the approved association of those trained in the field to date?

2. Does it consider it essential for the bill to take account of the conditions referred to in Article 7 of Directive 75/368/EEC(1), such as two years' previous service?

3. For the recognition of professional training, is it considered essential for training certificates to be validated by a State department or a professional association, or is a simple certificate of attendance of relevant training sufficient?

(1) OJ L 167, 30.6.1975, p. 22.

Answer given by Mr Bolkestein on behalf of the Commission

(17 February 2000)

Only the courier profession is in fact covered by Council Directive 75/368/EEC of 16 June 1975 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of various activities (ex ISIC Division 01 to 85) and, in particular, transitional measures in respect of those activities(1). The Directive excludes the tourist guide profession which, depending on the level of training required in the different Member States, is covered either by 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(2) or by 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(3).

The Commission can give the following answers to the specific questions raised by the Honourable Member about provisions to be included in the bill setting conditions for the recognition of the tourist guide profession in Greece.

Firstly, it should be noted that each Member State can choose whether to regulate a profession in its own country or not. In addition, the rules which apply to nationals who have acquired their professional qualification in this Member State are outside Community law and at the discretion of the Member State. Consequently the Directive applies only to Community nationals who have acquired their professional qualification in a Member State other than the one where they intend to exercise their profession.

Article 9 of Directive 75/368/EEC states that proof that the conditions laid down in Article 5 and Article 7(1) (concerning the nature and length of the activity exercised by the person concerned in their Member State of origin) are satisfied shall be established by a certificate issued by the competent authority or body in the Member State of origin or Member State from which the person comes. The Commission considers that competent authority or body in the Member State of origin means a State authority or a body which has been delegated powers by this State authority. Depending on the Member State, this could be ministries, prefects or chambers of commerce. In the Commission's opinion, confirmation from the employer alone is not sufficient, unless the employer is actually the body which has been delegated powers by the State authority. Similarly, an individual's tax return would not be sufficient proof under Directive 75/368/EEC as this is a purely unilateral act by the migrant.

According to the latest information given to the Commission, the current authorities in Greece which are competent to issue these certificates are the prefects, in accordance with Presidential decree 33/1993.

The Commission considers it essential that, for migrant professionals, the national law transposing Directive 75/368/EEC includes the criteria referred to in Article 7, allowing nationals of other Member States to take up or pursue a career as a courier. Moreover, following the adoption of Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications(4), nationals of other Member States will also be able to have their diplomas and other training certificates recognised, which they have acquired in their Member State of origin or in the Member State from which they come, according to the principles which govern the general system for the recognition of professional qualifications (Article 3 of Directive 1999/42/EC). There are also good grounds for giving migrants this possibility in the national transposing law.

The certificate referred to in Article 7(1)(b) of Directive 75/368/EEC which testifies to the vocational training undertaken by the migrant must be recognised by the State or regarded by the competent professional or trade body as fully satisfying its requirements. Directive 75/368/EEC does not give a precise definition of the term certificate and there is nothing to indicate that the training undertaken by the migrant has to have been subject to an evaluation. Moreover, as it is the Member States' responsibility to organise training courses, the Commission considers that it is up to the competent professional body of the Member State of origin to decide whether a course attendance certificate is sufficient or not.

(1) OJ L 167, 30.6.1975.

(2) OJ L 19, 24.1.1989.

(3) OJ L 209, 24.7.1992.

(4) OJ L 201, 31.7.1999.