WRITTEN QUESTION E-2864/00 by Michel Hansenne (PPE-DE) to the Commission. Equivalence of the nursing diploma.
Date: 2000-09-14
Institutions: European Parliament, Provisional data
Subjects: Belgium, France, complaint to the Commission, equivalence of diplomas, freedom to provide services, legal action, nursing staff, right of establishment

C 113 E/198

Official Journal of the European Communities

EN

18.4.2001

Reply

(30 November 2000)

The Council is monitoring the elections on 24 September in the FRY very closely indeed.

The General Affairs Council meeting on 10 July 2000 watched with concern as Mr Milosevic, with
elections in mind, pushed through a revision of the FRY Constitution that was immediately approved by
Parliament. On the strength of this new constitutional framework Mr Milosevic then decided to call
presidential and legislative elections in the FRY and local elections in Serbia.

On behalf of the Union, the next day the Presidency made a public declaration denouncing this decision as
manoeuvring on the part of Milosevic to hold on to power. In the same declaration the Union reiterated its
hopes for democratic and peaceful change in Belgrade and reaffirmed its support for and its confidence in
the opposition and in civil society in Serbia, and it called upon the opposition to unite to bring about this
indispensable change.

In the run-up to the elections, at its meeting on 18 and 19 September the Council adopted the text of a
message to the Serbian people which stressed that a choice made by voters that inevitably led to
democratic change would entail a radical change in the European Union(cid:146)s policy towards Serbia,
in
particular regarding sanctions and reconstruction aid. The last sentence of this declaration reminded
Serbian voters that (cid:145)a vote for democracy in Serbia will be a vote for Serbia in Europe(cid:146).

At that same meeting the Council requested the Parliaments of the 15 Member States to send (cid:145)democracy
witnesses(cid:146) to evaluate the elections in situ, on the basis of internationally recognised standards. The
Parliaments of the Member States responded to the Council(cid:146)s request by designating 25 (cid:145)democracy
witnesses(cid:146). The Yugoslav Consular posts did not issue them any visas to enable them to fulfil their mission.
Under the circumstances their mission was cancelled.

The outcome of the elections has proved that the time has come for change in Belgrade. As promised, in
the light of recent events, at the Council meeting on 9/10 October 2000 the European Union decided to
lift its sanctions on the FRY that it had imposed under the Milosevic regime.

(2001/C 113 E/211)

WRITTEN QUESTION E-2864/00

by Michel Hansenne (PPE-DE) to the Commission

(14 September 2000)

Subject: Equivalence of the nursing diploma

Where a Belgian graduate nurse wishes to work in France:

1. Which European directive(s) can she use in support of the equivalence of diplomas?

2. Has French law incorporated this/these directive(s)?

3. To whom can she apply if her claim is contested by the French authorities?

Answer given by Mr Bolkestein on behalf of the Commission

(5 October 2000)

1.
The situation of Community nationals who possess Belgian graduate nurse diplomas and wish to
obtain professional recognition to exercise their profession in France is, in principle, regulated by Council
Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and
other evidence of the formal qualifications of nurses responsible for general care, including measures to
facilitate the effective exercise of this right of establishment and freedom to provide services (1), and by
Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions laid down by
law, regulation or administrative action in respect of the activities of nurses responsible for general
care1 (1).

18.4.2001

EN

Official Journal of the European Communities

C 113 E/199

Automatic mutual recognition of the diplomas of nurses responsible for general care issued in Member
States to Community nationals is provided for in respect of all the diplomas included on a list which
appears in the first of the above-mentioned Directives.

2.
Yes, the two Directives have been transposed into French law. More particularly, and as regards the
recognition of the diplomas of nurses responsible for general care, this transposal was carried out by
Article 1 of Law No 80-527 of 12 July 1980, which introduced a new Article L474-1 into the French code
on public health to provide for such recognition. Transposal was completed by the adoption of a number
of implementing orders establishing the list of the diplomas of nurses responsible for general care which
are eligible for recognition and which are issued by Member States.

In the event of a dispute, several avenues are open to the person concerned both at national level and
3.
at Community level. For example, at national
level, apart from possible internal administrative appeal
procedures (application for review and appeal to a higher authority), the national courts are the competent
institutions for ensuring that Community law is applied. The person concerned can therefore bring the
matter before the competent French court within the terms specified by French legislation. This solution
has the merit of allowing the migrant to obtain an individual decision on her case that will be binding
upon the national authorities.

At Community level, the person concerned can, in the first instance, consult the Eurojus advisor at the
Commission representation in France. The migrant can also submit a complaint to the Commission or a
petition to Parliament if she believes that the Member State concerned has not applied Community law
correctly.

However, the Commission would point out to the Honourable Member that the answers given are general
and do not take into account the particular situation of certain nurses(cid:146) diplomas (for example, specialist
nurse(cid:146)s diplomas). In the absence of more detailed information regarding the case in point, it is impossible
for the Commission to give a more precise answer.

As a general point for the record, the Commission would remind the Honourable Member of the existence
of the website (cid:145)http://europa.eu.int/citizens(cid:146) which is the result of a joint initiative by Parliament and the
Commission to provide general information such as that given above.

(1) OJ L 176, 15.7.1977.

(2001/C 113 E/212)

WRITTEN QUESTION E-2866/00

by Camilo Nogueira RomÆn (Verts/ALE) to the Commission

Subject: Possible fisheries agreement with Brazil

(14 September 2000)

In the context of his participation in Brussels in the EU-Brazil Joint Committee, Mr Luis Felipe de Seixas,
Brazil(cid:146)s deputy foreign minister, made a statement to the effect that Brazil is willing to negotiate a fisheries
agreement with the EU which would encompass the entire productive cycle. Galician vessels are already
fishing in Brazilian waters, in the wake of the problems encountered in continuing to fish in other waters.
Is the Commission holding talks with Brazil with a view to the signature of such an agreement? Is it, at all
events, willing to do so?

Answer given by Mr Fischler on behalf of the Commission

(10 October 2000)

When the EU-Brazil Joint Committee last met in May, development of cooperation in the fisheries sector
was discussed and found to be of interest to both parties. It was agreed that technical level meetings would
be needed to identify and analyse possible areas of cooperation.

It is anticipated that the first such joint meeting will be held this autumn.