WRITTEN QUESTION E-2950/96 by Dietrich Elchlepp (PSE) to the Commission (8 November 1996)

Subject: Recognition of higher-education diplomas (Directive 89/48/EEC)

Directive 89/48/EEC ((OJ L 19, 24.1.1989, p. 24. )) establishes a general system for the cross-border recognition of higher-education diplomas on completion of a course of study of at least three years. It relates to access to regulated professions. There are increasing complaints that this Directive is being transposed very slowly, and in some cases not at all. For certain professional groups this represents considerable obstacles to freedom of movement on the European labour market. Refusal to grant recognition has been encountered, for example, by applicants from establishments which are not higher-education establishments within the meaning of the Directive and applicants with considerable professional experience but with courses of study which differ from the special requirements for regulated professions in the host Member State.

1. Is there a breakdown (by numbers, Member States and reasons) of instances of refusal to grant recognition hitherto pursuant to Directive 89/48/EEC?

2. What is the Commission's view of the fact that applicants with considerable professional experience, e.g. graduates of 'teacher training colleges' are not allowed to apply for jobs in another Member State because their educational establishment is not classified by the authorities as a 'university or establishment of higher education or another establishment of similar level' within the meaning of the Directive?

3. Is the principle of trust underlying the Directive to be interpreted as meaning that the host Member State must accept the classification of higher education establishments determined by the original Member State? If so, how can this be reconciled with the interests of the host Member State in making a form of vocational training dependent on certain requirements in its territory?

4. Given the existing problems in recognition, would it not be sensible to amend the Directive so that, for the purpose of access to a regulated profession in another Member State, successful professional experience over a number of years can replace proof of a higher-education diploma within the meaning of the Directive?

Answer given by Mr Monti on behalf of the Commission (12 December 1996)

1. Under Directive 89/48/EEC, ((OJ L 19, 24.1.1989. )) Member States must communicate to the Commission every two years a report on the application of the general system for the recognition of higher-education diplomas, which must contain a statistical summary of the decisions taken. The Commission has received the reports on the periods 1991-92 and 1993-94. The statistics show that the majority of applicants secured recognition of their diplomas, while 5% of the decisions taken were negative and very few appeals were lodged. The Commission will send the Honourable Member a copy of the compendium of Member States' reports.

2. Diplomas issued by a university or establishment of higher education or another establishment of similar level are placed on an equal footing by Article 1 of Directive 89/48/EEC. In the opinion of the Commission, diplomas from Austrian colleges of education constitute diplomas within the meaning of Article 1. The Commission has initiated infringement proceedings against Germany for failing to recognize the qualifications of teachers from other Member States who have completed courses of training at higher-education establishments other than universities.

3. Yes. The concepts of university, establishment of higher education and other establishment of similar level must, in the Commission's view, be interpreted according to the legislation of the Member State which awarded the diploma. It is, therefore, up to the Member State from which the migrant comes to confirm whether, bearing in mind the organization of its own education system, the establishment at which he pursued his studies corresponds to one of these three categories. In addition, Article 8 of the Directive stipulates that the host Member State must accept as proof that the conditions laid down in the Directive are satisfied the certificates and documents issued by the competent authorities of the Member State from which the migrant comes.

As regards the second part of the question, the Commission would draw the Honourable Member's attention to the fact that the Directive makes it possible for a host Member State to oblige a migrant to take an aptitude test or complete an adaptation period in order to make good any substantial differences in the duration or content of his training compared with what is required in the host Member State.

4. If the migrant possesses a diploma as defined in Article 1 of the Directive (as in the case of diplomas awarded by Austrian colleges of education), the diploma must, in principle, be recognized as such and further professional experience cannot be required of him. The Commission is not planning to amend Directive 89/48/EEC so as to include within its scope persons who have no diploma but do have some professional experience. This does not mean that a migrant who has a diploma of a lower level than those covered by the Directive cannot obtain recognition. He can benefit from the recognition arrangements laid down in Directive 92/51/EEC on a second general system. ((OJ L 209, 24.7.1992. ))

In the conclusions to its report to Parliament and the Council on the state of application of Directive 89/48/EEC, which was adopted on 15 February 1996, ((COM(96) 46 final. )) the Commission pointed out that it would examine the possibility of incorporating into the Directive the requirement that post-diploma experience be taken into consideration in vetting applications for recognition. In any event, the authorities of the host Member State are obliged, in accordance with the articles of the EC Treaty on the freedom of movement as interpreted by the Court of Justice, ((Cases C 340/89 Vlassopoulou and C 419/94 Scholz. )) to take account of professional experience acquired in another Member State.