WRITTEN QUESTION No. 1566/98 by Marie-Thérèse MUTIN to the Commission. Recognition of the training and status of French psychiatric nurses
Date: 1998-05-20
Institutions: European Parliament, MUTIN
Subjects: France, free movement of workers, health care, nursing staff, occupational status, professional qualifications, psychiatry, public health, recognition of diplomas, vocational training

5.2.1999

EN

Official Journal of the European Communities

C 31/57

It would therefore be premature to negotiate with third countries on the content of the forthcoming regulation.
However, the Commission will take up the issue of recognition of the registration signs with the Swiss authorities
at the earliest opportunity.

(1) OJ C 290, 24.9.1997.
(2) OJ C 159, 26.5.1998.

(1999/C 31/074)

WRITTEN QUESTION E-1566/98

by Marie-ThØrŁse Mutin (PSE) to the Commission

(20 May 1998)

Subject: Recognition of the training and status of French psychiatric nurses

In order to comply with the European directives, the decision (Decree of 30 March 1992) to merge the training of
state registered nurses and psychiatric nurses led to the abolition of the psychiatric nursing qualification, which
has not been issued since 1995, and a change to the conditions under which a holders of psychiatric nursing
qualifications can obtain a state nursing qualification (DEI). The order of 26 October 1994 provided that
psychiatric nurses should be awarded the DEI and should only be required to take a training course if they
changed to a job involving (cid:145)general care(cid:146), to use the European terminology. On 30 December 1996 an order of the
Conseil d(cid:146)Etat overruled this provision on the grounds that it failed to take account of the objectives of the
European Directive of 27 June 1997 making the issuing of the DEI subject to conditions regarding training, which
the Commission considered had not been met.

The French Government sought to make contact with the Commission to find a solution which would reconcile
compliance with Community law on the one hand and the legitimate interests of psychiatric nurses on the other.

Could the Commission tell me what stage the negotiations with the French Government have reached, and what
solutions the Commission proposes in order to restore the status of mental health care professionals and permit
them to move freely within the European Union?

Answer given by Mr Monti on behalf of the Commission

(13 July 1998)

The French legislation adopted in 1992 stipulated that someone who held a diploma in psychiatric nursing could,
on request, obtain a state nursing qualification (DEI) in general care. The Commission considered that this
legislation was contrary to Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of
provisions in respect of the activities of nurses responsible for general care, (1) which lays down minimum
training criteria. The curriculum for psychiatric nursing training did not meet those criteria. Infringement
proceedings pursuant to Article 169 of the EC Treaty were consequently initiated against France. The Council of
State subsequently revoked the French legislation and confirmed the Commission(cid:146)s position.

No Community directive obliges Member States to issue specialist nurses with a diploma in general nursing care.
It is only because France wishes to adopt legislation conferring the DEI in general care on psychiatric nurses and
because training in general nursing care is itself subject to binding Community provisions on the minimum
conditions it must meet (Directive 77/453/EEC) that the Commission has to ensure that the training meets those
conditions.

The French authorities have submitted a new draft with this aim in view. In the context of administrative
cooperation with the French authorities, the Commission will examine whether the proposed measures, once in
force, will allow the authorities to ensure that professionals issued with state nursing qualifications in general care
meet the minimum training requirements. The draft is soon to be discussed with Member States within the
Committee of Senior Officials on Public Health.

(1) OJ L 176, 15.7.1977.