EN Official Journal of the European Union CE 65/29

(2004/C 65 E/029)

WRITTEN QUESTION E-0464/03

by Antonio Di Pietro (ELDR) to the Commission

(19 February 2003)

Subject: Graduates in information science and their right to exercise their profession

Four-year degree courses in ‘information science’ were introduced in science faculties in Italy in 1969 and degree courses in ‘computer science’ were introduced in 1992.

Degree courses in information science and computer science are absolutely equivalent and equally valid, as acknowledged by the CUN (National Council of Universities) in 1999, and graduates in these subjects have always been qualified to carry out all activities involved in the transmission and processing of data. However, Presidential Decree No 328/2001 of June 2001 (reform of the Italian professional associations) states that those enrolled in the information section of the Register of Engineers are the only professionals recognised as qualified to exercise the profession of ‘transmitting and processing information’ and the profession of computer scientist.

The Explanatory Circular of 28 May 2002 issued by the Ministry of Education, Universities and Research rules out the possibility of those who graduated in information science and computer science under the old system taking the State examination, being enrolled on the professional Register or exercising the profession which they had always practised with total reliability until these provisions were brought in. They are even prevented from taking part in tendering procedures or consultancy work, which require inclusion on the Register or authorisation by a qualified professional. This constitutes total discrimination.

What steps will the Commission take, in accordance with the right of establishment, the principles of freedom of movement and trust and, more generally, the principles underlying the EU Treaty, to avoid any further discrimination against those who graduated in information science and computer science under the old system and do their work in a professional and reliable manner, and in order to enable national and Community clients to benefit, in a single market, from services and/or advice provided by those with identical and/or comparable qualifications?

Answer given by Mr Bolkestein on behalf of the Commission

(25 March 2003)

Directive 89/48/EEC (1), which is applicable to a wide range of professions, including that of engineer, has the objective of facilitating the freedom of establishment, the free movement of workers and the free provision of services. This Directive has not harmonised the education and training leading to the different professions in the Member States. It has only set up a ‘general system’ for the mutual recognition of professional qualifications which allows European nationals who possess a professional qualification in their Member State of origin to exercise their profession in another Member State, even if they do not have the qualification required under the law of that State.

Under the Directive, Member States are only obliged to recognise, if certain conditions are met, professional qualifications awarded in other Member States. Member States remain otherwise free to regulate professions within their territories and to establish the level and type of qualification required for a given profession (e.g. training duration, accomplishment of a probation period, possession of a diploma, access through competitive examinations, etc.), as well as the range of activities included in each profession. The matter raised by the Honourable Member is therefore under the sole responsibility of the Italian authorities.

(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.