WRITTEN QUESTION No. 951/97 by Reimer BÖGE to the Commission. Mutual recognition of certificates of proficiency in the field of agriculture
Date: 1997-03-07
Institutions: BOEGE, European Parliament
Subjects: farmer, plant health product, professional qualifications, recognition of diplomas, vocational training













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91997E0951

WRITTEN QUESTION No. 951/97 by Reimer BÖGE to the Commission. Mutual recognition of certificates of proficiency in the field of agriculture  


Official Journal C 319 , 18/10/1997 P. 0202 





WRITTEN QUESTION P-0951/97 by Reimer Böge (PPE) to the Commission (7 March 1997)Subject: Mutual recognition of certificates of proficiency in the field of agricultureIn 1994 the Land of Schleswig-Holstein and the Kingdom of Denmark signed a joint declaration on cross-border cooperation in the field of agricultural training. The declaration makes explicit provision for the mutual recognition of diplomas. Under the relevant legislation in Schleswig-Holstein, this includes certificates of proficiency in the area of plant protection. Accordingly, Danish farmers with a Danish certificate may use plant protection products in Schleswig-Holstein. However, Denmark does not recognize German diplomas as certificates of proficiency in the area of plant protection in local cross-border traffic. This situation poses serious problems for Schleswig-Holstein farmers who own or have a lease on land in Denmark.How does the Commission view this situation?Can the Commission say whether this case affects EC law and, if so, on what legal basis?If not, what possibilities does the Commission see for removing such barriers to cross-border activities and guaranteeing the right to the free exercise of a profession in the internal market?Answer given by Mr Monti on behalf of the Commission (8 April 1997)The Commission is unaware of any specific problems involving Danish and German farmers, including those in the Land of Schleswig-Holstein.It would remind the Honourable Member that two specific directives, Council Directives 89/48/EEC ((OJ L 19, 24.1.1989. )) and 92/51/EEC ((OJ L 209, 24.7.1992. )), have introduced a general system for the recognition of professional education and training diplomas. The directives are not designed to harmonize the scope of activity of different professions. What is more, the conditions for taking up and pursuing a particular activity are a matter for the Member States.Given the general wording of the Honourable Member's question, it is not possible to determine what the exact problem is as regards the position of German farmers in Schleswig-Holstein wishing to carry on their activities in Denmark and whether any problem of Community law is at issue here. There would not seem to be any problem relating to freedom of establishment or freedom to provide services since the German farmers in question doubtless own land in Denmark. As mentioned above, the condition for pursuing a particular activity may differ between Member States and, in all likelihood, the problem relates to those conditions, which fall within the jurisdiction of the Member States.Lastly, the question refers to a joint declaration, and this will have to be interpreted in accordance with the laws of the Member States that signed it.