WRITTEN QUESTION E-3909/98

by Pedro Aparicio Sánchez (PSE) to the Commission

(4 January 1999)

Subject: Can an EU Member State apply two different directives to the same profession?

With regard to the profession of dietician, some countries apply Directive 89/48/EEC(1) and others Directive 92/51/EEC(2), depending on whether training is given by a university (with a duration of three or more years) in the first case, or in the form of further vocational training (post-secondary) in the second case. In France, meanwhile, the profession of dietician is classed at both levels (university and vocational training), while French academic, professional and employment legislation puts the two levels on an equal footing, and Directive 92/51/EEC is applied exclusively,

Bearing in mind that in Spain the current "Técnicos Superiores en Dietética" (vocational training, level 3) are covered by Directive 92/51/EEC and that the Spanish Government is nevertheless seeking to introduce a new university qualification in dietetics (level 2) which is to be covered by Directive 89/48/EEC in view of the content and duration of the courses involved, can an EU Member State apply two different directives to the same profession?

Answer by Mr Monti on behalf of the Commission

(12 February 1999)

The training of those exercising a profession in a Member State is in the first place the responsibility of the Member State in question. There is a connection between training and the right to exercise a profession which varies and differs according to the profession and the Member State. This situation means that there are a number of possibilities. There may be training in a Member State even though the profession connected with such training is not governed by any regulations in the Member State. In such a case, since there are no requirements for exercising the profession, it is dependent on market conditions, i.e. supply and demand. Other circumstances are possible. Training connected with the exercise of a profession in a Member State may be acknowledged and allow the exercise of that profession; this is the more common occurrence. Another possibility is that there may be several training options within a Member State and that one or more of these may not be recognised by the Member State where an individual followed training and therefore do not permit the exercise of a regulated activity.

With regard to the application of the two directives (89/48/EEC and 92/51/EEC) on a general system for the recognition of professional diplomas and qualifications, these are intended to be applied only in the case of Community citizens who are properly qualified in their Member State of origin and who move to another Member State for the purpose of exercising the same profession. There will, as a rule, be successive and not simultaneous application of the two directives mentioned earlier. This refers to a situation whereby a Member State decides to change the level of training for those exercising a profession on its territory and, as a result, amends the training requirements for those wishing to exercise the profession. In this instance, the Member State is free to determine the acquired rights of those possessing earlier qualifications who want to continue exercising the same profession in the country.

However, it cannot be excluded that a Member State may accept that two distinct training options, for which the period of training is different, can qualify a person for the exercise of a profession. It may be two different professions or the same profession. In this instance, for example, there may differences in the pay scales of those exercising the profession. In any case, the Member State in question will have to ensure the application of the provisions laid down in Directives 89/48/EEC and 92/51/EEC or by the Treaty, whenever a migrant wishes to exercise the same profession for which he was qualified in his Member State of origin.

Lastly, it is worth mentioning in closing the relevant principle, i.e. if there is no harmonisation at Community level, the Member States are free to set the conditions of training for, access to and exercise of a profession and to regulate or not to regulate the sector in question, while obviously complying with the provisions of the Treaty or derived law on the recognition of professional diplomas and qualifications.

(1) OJ L 19, 24.1.1989, p. 16.

(2) OJ L 209, 24.7.1992, p. 25.