WRITTEN QUESTION E-2542/99 by Neil MacCormick (Verts/ALE) to the Commission. Driving regulations for people with diabetes mellitus.
Date: 2000-01-04
Institutions: European Parliament, Provisional data
Subjects: diabetes, directive (EU), discrimination based on disability, driving licence

8.8.2000

EN

Official Journal of the European Communities

C 225 E/161

The academic recognition of certificates, the aim of which is to allow individuals with qualifications
acquired in another Member State to pursue an education, falls within the competence of the Member
States. In accordance with the EC Treaty, each Member State is responsible for the content of its teaching
and the organisation of its own education system. The Member States are also free to lay down rules
governing procedures of academic recognition. However, in compliance with Article 12 (ex Article 6) of
the EC Treaty, Member States must refrain from direct or indirect discrimination on grounds of nationality
when applying these procedures.

The Commission is aware of
the situation to which the Honourable Member refers. The Austrian
legislation mentioned provides that all applicants wishing to study in a certain field in a higher education
institution in Austria must show that their school-leaving certificate entitles them to an unconditional
study place in the field of their choice in the country which issued the certificate.

The Commission has examined the conformity of the Austrian legislation (Universit(cid:228)ts-Studiengesetz (cid:129)
UniStG) with Articles 12, 149 and 150 (ex Articles 126 and 127) of the EC Treaty. Having considered the
Member State(cid:146)s comments on the matter, the Commission has concluded that the imposition of additional
requirements on individuals holding diplomas from other Member States, while no conditions of admission
other than possession of a certificate are imposed on students who hold a certificate issued in Austria,
constitutes discrimination on grounds of nationality in terms of access to education, and as such is
prohibited by Articles 12, 149 and 150 of the EC Treaty. As a result, the Commission has initiated
infringement proceedings as provided for in Article 226 (ex Article 169) of the EC Treaty.

(2000/C 225 E/177)

WRITTEN QUESTION E-2542/99

by Neil MacCormick (Verts/ALE) to the Commission

Subject: Driving regulations for people with diabetes mellitus

(4 January 2000)

1.
It has been represented to me on good medical authority that there is no evidence that drivers
suffering from diabetes mellitus pose any abnormal danger to other road users. Is the Commission in
possession of countervailing evidence that shows that such drivers do pose special dangers? If so, what is
the evidence?

Under the (amended) Directive 91/439/EEC (1) insulin dependent diabetics are exposed to the risk of

2.
losing their driving licences and in certain cases their livelihoods.

Does the Commission agree that this amounts to unfair discrimination against the group of drivers in

3.
question?

4. Will the Commission therefore take steps to repeal the Directive?

(1) OJ L 237, 24.8.1991, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(1 February 2000)

The Commission would refer the Honourable Member to its answer to written question E-495/98 by
Mr Howitt (1).

The Commission can confirm that since that answer was given, there have been no developments in the
field to prompt it to change its position.

(1) OJ C 310, 15.12.1998.