WRITTEN QUESTION E-2217/98

by Pedro Aparicio Sánchez (PSE) to the Commission

(16 July 1998)

Subject: Existence of two qualifications of different academic levels for the same profession and duties in the state health service

In 1991 the Spanish Ministry of Education recognized the higher education training qualification for dieticians, the "Técnico Superior en Dietética", which provides a grounding in medical and health matters and covers material similar to that in the other EU Member States. Likewise, the Ministry of Health made posts for dieticians in the state health service dependent on possession of the same qualification, which, as was mentioned above, equates to non-university higher education. Dieticians from other European countries must provide proof that their qualifications equate to the Spanish qualification.

In recent years some private universities had been awarding their own diploma in human nutrition, the "Diplomatura en Nutrición Humana", but their attempts to have it granted official recognition had failed because the aforementioned "Técnico Superior en Dietética" qualification, which enjoys equal status with those in the other EU Member States, already existed.

Recently, however, the Ministry of Education recognized the diploma awarded by these universities. Professionals from the sector are currently challenging that decision in the Supreme Court, on the grounds that the Ministry of Health has not yet recognized the qualification in question.

Can a Member State recognize two qualifications for the same profession - one of a higher standard, issued by private universities, the other, of average standard, by the state system - given the potential emergence of two different levels of state health service employees carrying out the same duties, together with the fact that the non-university qualification enjoys equal status alongside those in the other Member States?

Will the Commission intervene with the Spanish Government in order to prevent the existence of two qualifications from hampering the freedom of movement for dieticians already covered by regulations?

Answer given by Mr Monti on behalf of the Commission

(5 October 1998)

In his Written Question, the Honourable Member refers to the training and activities of dieticians in Spain. The Commission is currently aware of a qualification notified to it by the Spanish authorities and authorising exercise of the activity of dietician, a regulated profession in Spain. The qualification is that of "técnico especialista en dietética y nutrición". Regarding recognition of professional qualifications, it is covered by Council Directive 92/51/EEC(1), which deals with qualifications below higher-education diplomas awarded on completion of professional education and training of three years' duration.

Moreover, in the field of dietetics and nutrition, there exists in Spain a medical speciality that is covered by Council Directive 93/16/EEC(2) to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications. That speciality, which is referred to in Article 7 of the Directive under the heading of endocrinology, carries the designation "endocrinología y nutrición".

According to the information provided by the Honourable Member, the "Diplomatura en Nutrición Humana" constitutes a purely academic qualification which does not entitle its holder to practise. The Commission is not at present aware of a new diploma which would provide access to the profession of dietician in Spain.

As for the questions put by the Honourable Member, Articles 126 and 127 of the EC Treaty state that the Community must fully respect the responsibility of the Member States for the content and organisation of teaching and vocational training. Each Member State is free to determine the rules on training for, access to and practice of an activity. Several different forms of training can provide entitlement to practise the same activity or two different activities. The rules in force in a Member State must not prevent a fully qualified member of a profession from another Member State wishing to practise from exercising there the rights conferred under the general system for the recognition of diplomas(3).

(1) OJ L 209, 24.7.1992.

(2) OJ L 165, 7.7.1993.

(3) Directives 89/48/EEC (OJ L 19, 24.1.1989) and 92/51/EEC.